llNN K. WYATTCHEF ZONING ADMINISTP.ATO.~ .CiTY OF Los ANGEL~:-3

CALIFORNIAASSOCIATEZONING ADMINISTRATORS

R. NICOLAS BROWNSUE CHANG

LOURDES GRE~NCHARLES J. RAUSCH, JR.

JlMTOKUNAGAFERNANDO TOVAR

DAVID S. WEINTRAUBMAYA E. ZAfTZEVSKY

OE?ARTMEfH OFCITY PLANNING

MICHAEL J. LOGRANDEDI~,CTOR

ERIC GARCETTIMAYOR

OFFICE OFZONING ADMINISTRATION

200 N. SPRING STmr. 7'" FlOORLos ANGem, CA 90012

(2l3] 978·1318FAX: (213) 978·1334

www.planning.lacity.org

Sunae Furuki (A)FamilyMart, Inc.339 East 1st StreetLos Angeles, CA 90013

CASE NO. ZA 2013-3250(CUB)CONDITIONAL USE339 East 1st StreetCentral City Planning AreaZone IQ]C4-20D. M. 130-SA215C.O, 14CEQA ENV 2013-3251-MNDLegal Description: Fr. Lot 14, Block 4,

Subdivision of the Pryor Tract of Land

March 13, 2014

Anthony K. Sperl (0)339-1/2 East 1st StreetLos Angeles, CA 90013

Elizabeth Peterson (R)Elizabeth Peterson Group, Inc.400 South Main Street, Unit No. 808Los Angeles, CA 90013

Pursuant to Los Angeles Municipal Code Section 12.24-W,1, I hereby APPROVE:

a Conditional Use to permit the sale and dispensing of beer and wine for off-siteconsumption only, in conjunction with a market)

upon the following additional terms and conditions:

1. All other use, height and area regulations of the Municipal Code and all otherapplicable government/regulatory agencies shall be strictly complied with in thedevelopment and use of the property, except as such regulations are hereinspecifically varied or required.

2. The use and development of the property shall be in substantial conformance withthe plot plan submitted with the application and marked Exhibit "Aft, except as maybe revised as a result of this action.

3. The authorized use shall be conducted at all times with due regard for the characterof the surrounding district, and the right is reserved to the Zoning Administrator toimpose additional corrective Conditions, if, in the Administrator's opinion, suchConditions are proven necessary for the protection of persons in the neighborhoodor occupants of adjacent property.

AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER

CASE NO. ZA 2013~ 30(CU8) PAGE 2

4. All graffiti on the site shall be removed or painted over to match the color of thesurface to which it is applied within 24 hours of its occurrence.

5. A copy of the first page of this grant and all Conditions and/or any subsequentappeal of this grant and its resultant Conditions and/or letters of clarification shall beprinted on the building plans submitted to the Development Services Center and theDepartment of Building and Safety for purposes of having a building permit issued.

6. The applicant shall defend, indemnify and hold harmless the City, its agents,officers, or employees from any claim, action or proceedings against the City or itsagents, officers, or employees relating to or to attack, set aside, void or annul thisapproval which action is brought within the applicable limitation period. The Cityshall promptly notify the applicant of any claim, action, or proceeding and the Cityshall cooperate fully in the defense. If the City fails to promptly notify the applicantof any claim action or proceeding, or if the City fails to cooperate fully in thedefense, the applicant shall not thereafter be responsible to defend, indemnify, orhold harmless the City.

7. The use of this grant shall not be effectuated until a Certificate of Occupancy(C of 0) is issued by the Department of Building and Safety which identifies amarket use as part of the permitted use on the subject premises. A copy of theC of 0 shall be forwarded to the Zoning Administrator for inclusion on the file.

8. Maximum square footage for the market premises shall not exceed 1,5S9 squarefeet.

9. Hours of operation shall not exceed 9 a.rn. to 12 midnight Sunday through Thursdayand 9 a.m. to 1 a.m. Friday and Saturday.

10. No live entertainment, no jukebox, no disc jockey, karaoke, or other form ofentertainment is permitted.

11. No pool tables or coin operated electronic, video, or mechanical amusementdevices shall be maintained on the premises.

12. A State licensed, uniformed security guard shall be on the premises daily, beginningat 8 p.m. until closing time.

13. A security camera shall be installed and maintained that covers all common areas ofthe business, high-risk areas and entrances and exits. The tapes shall bemaintained for one month and made available to the Police Department uponrequest.

14. These conditions of approval shall be retained on the property at all times and shallbe produced immediately upon the request of the Zoning Administrator, PoliceDepartment, or Department of Building and Safety.

15. The applicant shall be responsible for maintaining the area adjacent to thepremises, over which he/she has control free of litter.

CASE NO. ZA 2013-~-")O(CUB) PAGE 3

16. The applicant, owner, and on-site manager(s) shall comply with applicable laws andconditions and shall properiy manage the facility to discourage illegal and criminalactivity on the subject premises including insuring that no activities associated withnarcotics sales, use or possession, gambling, or prostitution occur.

17. Within six months ofthe initiation of alcohol sales, all employees involved withthe sale of alcoholic beverages shall enroll in the Los Angeles Police Department"Standardized Training for Alcohol Retailers (STAR)." Upon completion of suchtraining, the applicant shall request the Police Department to issue a letteridentifying which employees completed the training. The applicant shall transmit acopy of the letter from the Police Department to the Zoning Administrator asevidence of compliance. This training shall be required for a new employee withinthree months of hiring and on an annual basis for all other employees.

18. An electronic age verification device shall be retained on the premises for useduring operational hours. This device shall be maintained in operational conditionand all employees shall be instructed in its use.

19. All licenses, permits, and conditions shall be posted in a conspicuous location at thefacility. Additionally, a copy shall be provided to all employees who shall sign anacknowledgement form stating that they have read and understood all of the ABCand conditional use permit conditions. Said form shall be maintained at the locationby the owner and/or manager who shall present it to Police personnel, ABCinvestigators, or any other City agency upon request.

20. The mitigation measures identified in environmental document ENV 2013-3251-MND shall be incorporated as conditions of this grant as summarized below, unlessotherwise noted:

1) Every building, structure, or portion thereof, shall be.maintained in asafe and sanitary condition and good repair, and free from graffiti,debris, rubbish, garbage, trash, overgrown vegetation or other similarmaterial, pursuant to Municipal Code Section 91.8104.

a. Aesthetics (Vandalism)

2) The exterior of all buildings and fences shall be free from graffiti whensuch graffiti is visible from a public street or alley, pursuant toMunicipal Code Section 91.8104.15.

1) On-site signs shall be limited to the maximum allowable under theMunicipal Code.

b. Aesthetics (Signage)

2) Multiple temporary signs in store Windows and along building waifs arenot permitted.

CASE NO. ZA 2013-:r -0(CUB) PAGE 4

The plans shall incorporate the design guidelines relative to security, semi-public and private spaces, which may include but not be limited to accesscontrol to building, secured parking facilities, walls/fences with key systems,well-illuminated public and semi-public space designed with a minimum ofdead space to eliminate areas of concealment, location of toilet facilities orbuilding entrances in high-foot traffic areas, and provision of security guardpatrol throughout the project site if needed. Please refer to "Design outCrime Guidelines: Crime Prevention Through Environmental Design"published by the Los Angeles Police Department. Contact the CommunityRelations Division, located at 100 West 1st Street, #250, Los Angeles, CA90012; (213) 486-6000. These measures shall be approved by the PoliceDepartment prior to the issuance of building permits.

c. Public Services (Police)

d. Utilities (Solid Waste Disposal)

All waste shall be disposed of properly. Use appropriately labeled recyclingbins to recycle demolition and construction materials including: solvents,water-based paints, vehicle fluids, broken asphalt and concrete, bricks,metals, wood, and vegetation. Non recyclable materials/wastes shall betaken to an appropriate landfill. Toxic wastes must be discarded at a licensedregulated disposal site.

21. The authorization granted herein for the sale of alcohol on the subject premises isfor a period of five years from the effective date of this grant. Thereafter, a newauthorization shall be required to continue the sale of alcoholic beverages.

22. Within 30 days of the effective date of this grantJ a covenant acknowledging andagreeing to comply with all the terms and conditions established herein shall berecorded in the County Recorder's Office. The agreement (standard mastercovenant and agreement form CP-6770) shall run with the land and shall be bindingon any subsequent owners, heirs or assigns. The agreement with the conditionsattached must be submitted to the Development Services Center for approvalbefore being recorded. After recordation, a certified copy bearing the Recorder'snumber and date shall be provided to the Zoning Administrator for attachment to thesubject case file.

OBSERVANCE OF CONDITIONS - TIME LIMIT - LAPSE OF PRIVILEGES

All terms and conditions of the approval shall be fulfilled before the use may beestablished. The instant authorization is further conditional upon the privileges beingutilized within three years after the effective date of approval and, if such privileges are notutilized or substantial physical construction work is not begun within said time and carriedon diligently to completion, the authorization shall terminate and become void.

CASE NO. ZA 2013-3 .)(CUB) PAGE 5

This authorization runs with the land. In the event the property is to be sold, leased, rentedor occupied by any person or corporation other than yourself, it is incumbent upon you toadvise them regarding the conditions of this grant.

TRANSFERABILITY

VIOLATIONS OF THESE CONDITIONS, A MISDEMEANOR

"A variance, conditional use, adjustment, public benefit or other quasi-judicialapproval, or any conditional approval granted by the Director, pursuant to theauthority of this chapter shall become effective upon utilization of any portion of theprivilege, and the owner and applicant shall immediately comply with its Conditions.The violation of any valid Condition imposed by the Director, Zoning Administrator,Area Planning Commission, City Planning Commission or City· Council in connectionwith the granting of any action taken pursuant to the authority of this chapter, shallconstitute a violation of this chapter and shall be subject to the same penalties asany other violation of this Code."

Section 12.29 of the Los Angeles Municipal Code provides:

Every violation of this determination is punishable as a misdemeanor and shall bepunishable by a fine of not more than $2,500 or by imprisonment in the county jail for aperiod of not more than six months, or by both such fine and imprisonment.

APPEAL PERIOD - EFFECTIVE DATE

The applicant's attention is called to the fact that this grant is not a permit or license andthat any permits and licenses required by law must be obtained from the proper publicagency. Furthermore, if any Condition of this grant is violated or if the same be notcomplied with, then the applicant or his successor in interest may be prosecuted forviolating these Conditions the same as for any violation of the requirements contained inthe Municipal Code. The Zoning Administrator's determination in this matter will becomeeffective after MARCH 28, 2014, unless an appeal therefrom is filed with the City Planning·Department. It is strongly advised that appeals be filed early during the appeal period andin person so that imperfections/incompleteness may be corrected before the appeal periodexpires. Any appeal must be filed on the prescribed forms, accompanied by the requiredfee, a copy of the Zoning Administrator's action, and received and receipted at a publicoffice of the Department of City Planning on or before the above date orthe appeal will notbe accepted. Forms are available on-line at http://planning.lacity.org. Public officesare located at:

Figueroa Plaza201 North Figueroa Street,

4th FloorLos Angeles, CA 90012(213) 482-7077

Marvin Braude San FernandoValley Constituent Service Center

6262 Van Nuys Boulevard, Room 251Van Nuys, CA 91401(818) 374-5050

If you seek judicial review of any decision of the City pursuant to California Code of CivilProcedure Section 1094.5, the petition for writ of mandate pursuant to that section must be

CASE NO. ZA 2013-2})(CUB) PAGE 6

NOTICE

filed no later than the 90th day following the date on which the City's decision became finalpursuant to California Code of Civil Procedure Section 1094.6. There may be other timelimits which also affect your ability to seek judicial review.

The applicant is further advised that all subsequent contact with this office regarding thisdetermination must be with the Zoning Administrator who acted on the case. This wouldinclude clarification, verification of condition compliance and plans or building permitapplications, etc., and shall be accomplished BY APPOINTMENT ONLY, in order to assurethat you receive service with a minimum amount of waiting. You should advise anyconsultant representing you of this requirement as well.

FINDINGS OF FACT

After thorough consideration of the statements contained in the application, the planssubmitted therewith, and the statements made at the public hearing on February 4,2014,all of which are by reference made a part hereof, as well as knowledge ofthe property andsurrounding district, I find that the requirements for authorizing a conditional use permitunder the provisions of Section 12.24-W have been established by the following facts:

BACKGROUNDThe project site is a 5,750 square-foot, level, rectangular-shaped, interior lot having afrontage of approximately 50 feet on the north side of 1st Street (Modified Major HighwayClass II) and a uniform depth of 115 feet. The property is currently developed with a two-story, 11,200 square-foot mixed-use building with ground floor commercial tenants. Thesubject tenant space occupies 1,589 square feet of the ground floor commercial space witha 179 square-foot outdoor covered patio on private property.

The subject site is located within a Los Angeles State Enterprise Zone (ZI-2374), theGreater Downtown Housing Incentive Area (ZI-2385), the Little Tokyo RedevelopmentProject (ZI-728), a Historic Preservation Review area, fire district No.1, a methane zone,and is 1.48 kilometers from the nearest known fault (Upper Elysian Park Fault). Thebuilding is within the address range designated as a federally recognized Historic-CulturalMonument, Monument No. US-86001479, "Little Tokyo Historic District", listed onAugust 22, 1986.

The northerly adjoining properties are zoned [Q[C4-2D and are developed with a surfaceparking lot and the Geffen Contemporary at the Museum of Contemporary Art.

The easterly adjoining property is zoned [Q)C4-2D and is developed with a four-storymixed-use building with ground floor commercial and single room occupancy units (SRO)on the upper floors.

The southerly adjoining properties (across 1st Street) are zoned [Q]C2-4D-O and aredeveloped with a 174-room hotel (Miyako Hotel) and a retail store.

CASE NO. Z42013-3. )(CUB) PAGE 7

1st Street, adjoining the property to the south, is a Modified Major Highway Class II,dedicated to a width of 80 feet and fully improved with asphalt roadway, concrete curb,gutter, and sidewalk.

The westerly adjoining property is zoned [Q]C4-2D and is developed with a three-storymixed-use building with ground floor commercial and SRO units on the upper floors.

Previous zoning related actions on the sitelin the area include:

Subject Property

Ordinance No. 178,185 - On December 29, 2006, an Ordinance enacting "Q"Conditions became effective which limits future ground floor commercial retail usesto those in neighborhood retail and neighborhood service uses listed in LAMeSection 13.07-C.

Case No. cpe 2003-8684(1eO) - On March 11, 2004, the City PlanningCommission approved an Interim Control Ordinance (ICO) to temporarily prohibitthe issuance of change of use permits to establish new BaH Bond Brokerbusinesses or to expand existing Bail Bond businesses on the ground floor ofbuildings in portions of Little Tokyo.

Ordinance No. 164,307-SA375 - On January 30,1989, an Ordinance enacting zonechanges became effective creating "0" limitations which limit total floor areacontained in all buildings not to exceed three times the buildable area of the lot, withexceptions.

Surrounding Properties

Case No. ZA 2013-0942(GUB)(GUX) - On July 19, 2013, the Zoning Administratorapproved a conditional use to permit the sale of a full line of alcoholic beverages foron-site consumption, in conjunction with a lounge andbar having live entertainmentand patron dancing within the [Q]C2-4D-O Zone at 366 East 2nd Street. (5 yeargrant)

Case No. ZA 2012-2430(CUB) - On March 29, 2013, the Zoning Administratorapproved a conditional use to permit the sale of beer and wine only for on-siteconsumption in conjunction with an existing restaurant (Sandwich Smith) within the[Q]C2-4D-O Zone at 362 East 1st Street. (6 year grant)

Case No. ZA 2013-0728(GUB) - On January 10, 2014, the Zoning Administratorapproved a conditional use to permit the continuation of the sale of a full line ofalcoholic beverages for on-site consumption, in conjunction with an existingrestaurant with patio bar and live entertainment with hours of operation from 7 a.m.to 2 a.m., daily, within the [Q]C4-2D Zone at 347 East 1st Street. (5 year termgrant)

Case No. ZA 2012-1696(CUB) - On September 12, 2012, the Zoning Administratorapproved a conditional use to permit the sale of beer and wine for on-site

CASE NO. ZA 2013-2 'O(CUB) PAGE 8

consumption in conjunction with an existing restaurant (Mr. Pizza) with hours ofoperation from 11 a.rn. to 10 p.rn. within the [Q]C2-4D-O Zone at 350 East 1stStreet. (5 year grant)

Case No. ZA 2012-0541<CUB) - On May 31, 2012, the Zoning Administratorapproved a conditional use to permit the continued sale of beer and wine only foron-site consumption, in conjunction with an existing restaurant with hours ofoperation from 11 a.m. to 11 p.m., dally within the [Q]C2-2D-O Zone at 356 1/2 East2nd Street. (7 year grant)

Case No. ZA 2010-2834(GUB}(GUX) - On February 15, 2012, the ZoningAdministrator approved a conditional use to permit the continued sale of a full line ofalcoholic beverages for on-site consumption and public dancing, in conjunction withan existing restaurant within the [Q]C2-3D-O Zone at 416-422 East 1st Street.

Case No. ZA 2011-1027(CUB) - On August 31,2011, the Zoning Administratorapproved a conditional use to permit the sale of a full line of alcoholic beverages foron-site consumption, in conjunction with an existing 1,900 square-foot restaurantwithin the [Q]C2-4D-0 Zone at 371 East 2nd Street. (5 year grant)

Case No. ZA 2010-0946(CUB) - On March 17, 2011, the Zoning Administratorapproved a conditional use to permit the sale of beer and wine only for on-siteconsumption, in conjunction with an existing restaurant within the [Q]C2-3D-O Zoneat 114 South Central Avenue. (5 year grant)

Case No. ZA 2007-2960(CUE)(PA1} - On December 10, 2009, the ZoningAdministrator determined substantial compliance with conditions of approval for thesale of beer and wine for on-site consumption in conjunction with an existingrestaurant within the [Q]C2-2D-0 Zone at 356-1/2 East 2nd Street.

Case No. ZA 2008-0170(CUB) - On July 3D, 2008, the Zoning Administratorapproved a conditional to permit the sale of beer and wine only for on-siteconsumption, in conjunction with a proposed restaurant with hours of operation from9 a.m. to 12 midnight, daily, within the [Q]C2-4D-0 Zone at 375 East 2nd Street.(5 year grant)

Case No. ZA 2007-2143(CUB) - On January 1f, 2008, the Zoning Administratorapproved a conditional use for a term of seven (7) years to permit the sale of beerand wine only for on-site consumption, in conjunction with a proposed restaurantwithin the [QIC4-2D-0 Zone at 141 South Central Avenue.

Case No. ZA 2007 -0989(CUB) - On July 13, 2007, the Zoning Administratorapproved a conditional use to permit the sale of beer and wine for on-siteconsumption, in conjunction with a cafe within the Japanese American Museum withseating for 40 patrons within the [Q]C4-2D Zone at 100 North Central Avenue.(5 year grant)

Case No. ZA 2005-2001 (CUB)(CUX) - On September 3D, 2005, the ZoningAdministrator approved a conditional use to permit the sale of a full line of alcoholic

CASE NO. ZA 2013-3> )(CUB) PAGE 9

beverages for on-site consumption and live entertainment in conjunction with theexpansion of an existing restaurant within the [Q]C2-3D-O Zone at 416-422 East 1stStreet

Case No. ZA 2005-0116(CUB)(CUX} - On September 13, 2005, the ZoningAdministrator approved a conditional use to permit the sale of a full line of atcoholicbeverages for on-site consumption, in conjunction with an existing 1,175 square-footrestaurant with live entertainment and public dancing, within the C4-2D Zone at 347-353 East 1st Street.

Case No. ZA 2004-6862(CUB) - On April 20, 2005; the Zoning Administratorapproved a conditional use to permit the sale of beer and wine for on-siteconsumption in conjunction with an eXisting 2,750 square-foot restaurant within theC4-2D Zone at 313 East 1st Street.

Case No. ZA 2004-7052(CUB) - On February 7, 2005, the Zoning Administratorapproved a conditional use to permit the sale of beer and wine for on-siteconsumption, in conjunction with an existing 1,600 square-foot restaurant within theC2-4D-O Zone at 318-320 East 2nd Street. (8 year grant)

Case No. ZA 2003-4175(CUB) - On July 29, 2004, the Zoning Administratorordered the application for the sale of beer and wine for on-site consumption in anexisting restaurant to be terminated within the C2-4D-O Zone at 318 East 2ndStreet.

Case No. ZA 2004-0199(CUB) - On March 12, 2004, the Zoning Administratorapproved a conditional use to permit the sale of beer and wine only for on-siteconsumption in conjunction with a proposed restaurant with karaoke within the C2-30-0 Zone at 132 South Central Avenue.

Case No. ZA 2003-7161(CUB) - On December 18,2003, the Zoning Administratorapproved a conditional use to permit the sale of beer and wine only for on-siteconsumption, in conjunction with an existing restaurant with hours of operation from10 a.m. to 11 p.m, daily within the C2-3D-O Zone at 136 South Central Avenue.

Case No. ZA 2001-4286(CUB) - On March 21, 2002, the Zoning Administratorapproved a conditional use to permit the sale of a full line of alcoholic beverages foron-site consumption, in conjunction with a proposed restaurant with liveentertainment within the C4-2D-O Zone at 366 East 2nd Street.

Case No. Z.A 2001-2225(CUB) - On August 21, 2001, the Zoning Administratorapproved a conditional use to permit the sale of beer and wine for off-siteconsumption, in conjunction with an existing 682 square-foot convenience and giftshop (Family Mart) with hours of operation from 8 a.rn, to 10 p.m., daily, within theC2-4D Zone at 118 Astronaut Ellison S. Onizuka Street. (8 year grant)

Case No. ZA 92-0254(CUB)(ZV) - On November 12, 1992, the ZoningAdministrator approved a conditional use to permit the sale of alcoholic beveragesfor on- and off-site consumption in conjunction with: 1) a proposed hotel with two

CASE NO. ZA 2013-2'C~.O(CUB) PAGE 10

restaurants, patron bar, lobby bar, mini-bars, room service), 2) two separaterestaurants per lot for lots 4, 6, 9, 10, and 11, including a billiard hall serving theoffice, retail, residential, and museum uses; approved a variance to allow theoperation of a billiard hall within the C4 Zone and the use and maintenance of a petshop within the C4 Zone at 122 North San Pedro Street.

CONDITIONS IDENTIFIED FOR CONSIDERATION BY THE STATE DEPARTMENT OFALCOHOLIC BEVERAGE CONTROL RELATIVE TO THE SALE AND DISTRIBUTIONOF ALCOHOLIC BEVERAGES

In approving the instant grant, the Zoning Administrator has not imposed Conditionsspecific to the sale or distribution of alcoholic beverages, even if such Conditions havebeen volunteered or negotiated by the applicant, in that the Office of Zoning Administrationhas no direct authority to regulate or enforce Conditions assigned to alcohol sales ordistribution.

The Zoning Administrator has identified a set of Conditions related to alcohol sales anddistribution for further consideration by the State of California Department of AlcoholicBeverage Control (ABC). In identifying these conditions, the Office of ZoningAdministration acknowledges the ABC as the responsible agency for establishing andenforcing Conditions specific to alcohol sales and distribution. The Conditions identifiedbelow are based on testimony and/or other evidence established in the administrativerecord, and provide the ABC an opportunity to address the specific conduct of alcoholsales and distribution in association with the Conditional Use granted herein by the ZoningAdministrator.

No alcohol shall be allowed to be consumed on any adjacent property under thecontrol of the applicant.

• The quarterly gross sales of alcohol shall not exceed the quarterly gross sales offood. The business operator shall maintain records which reflect these numbersand make them available to the Police Department upon request.

• Fortified wine (greater than 16% alcohol) shall not be sold.

• The single unit or Single serving sales of beer or wine shall not be permitted. Beershall be sold in minimum six-packs

• Alcohol sale hours shall end at 11 p.m. Sunday through Thursday and at12 midnight on Friday and Saturday.

• Self-serving alcohol vending machines are prohibited.

There shall be no exterior advertising of any kind or type, including advertisingdirectly to the exterior from within, promoting or indicating the availability of alcoholicbeverages

CASE NO. Zll,2013-32>'--(CUB) PAGE i1

BASIS FOR CONDITIONAL USE PERMITS

A particular type of development is subject to the conditional use process because it hasbeen determined that such use of property should not be permitted by right in a particularzone. At! uses requiring a conditional use permit from the Zoning Administrator are locatedwithin Section 12.24-W of the Los Angeles Municipal Code. In order for sale of beer andwine for off-site consumption to be authorized, certain designated findings have to bemade. In these cases, there are additional findings in lieu of the standard findings for mostother conditional use categories.

FINDINGS

Following (highlighted) is a delineation of the findings and the application of the relevantfacts to same:

1. The project will _enhance the built environment in the surroundingneighborhood or will perform a function or provide a service that is essentialor beneficial to the community, city or region.

The project entails a request for the sale of beer and wine for off-site sales in anexisting cafe/convenience market (Family Mart). The cafe/convenience marketfronts onto 1st Street, which is a prime commercial corridor within Little Tokyo.Development along this portion of 1st Street consists of a variety of eatingestablishments which cater to local residents as well as visitors and localemployees. There is also a mixture of commercial, institutional, and residential usesin the area. .

The premises include the market component as well as a cafe with indoor andoutdoor seating. In 2007, a request for a change of use from market to cafe andboba shop, including outdoor dining, was applied for with the Department of Buildingand Safety. It is unclear whether a Certificate of Occupancy (C of Q) was finallyissued for this change of use as there are no records to confirm this beyond theapplication and the issuance of the permit. The premises are currently developedwith a market as well as a cafe component which includes the aforementionedseating. The applicant has been advised to reconcile the use of the property with anupdated or corrected Certificate of Occupancy which includes the market use, asthis is a key factor in the request for an approval of off-site alcohol sales. No on-sitesales have been requested for the cafe component, thus the distinction betweenpermitted uses is very relevant to the subject grant.

At the public hearing, there was testimony from a Police Department representativewho noted no oppositlon but requested that a security guard be on the premisesdaily until closing time. The applicant will provide such security. A copy of a letterfrom the Historical Cultural Neighborhood Council to the applicant's representativewas also provided in which the President asked for specific conditions related toalcohol sales and security, which the writer noted were a requisite for support of theconditional use by the neighborhood council. A representative of the Office of theFourteenth Council District testified in support of the request with the conditions

CASE NO. ZA 2013-2 ~O(CUB) PAGE 12

offered by the applicant and suggested by the Police Department. The applicantalso submitted form letters in support of the request.

As noted, the area includes a number of restaurants, cafes, museums, retail uses,and offices. The proposal is in keeping with the nature of the development in thearea which caters to a variety of needs. As such, the use will serve a function andprovide a service that will be beneficial to the community, which in conjunction withthe imposition of a number of conditions addressing operational measures will resultin the enhancement of the built environment.

2. The project's location, size, height, operations and other significant featureswill be compatible with and will not adversely affect or further degradeadjacent properties, the surrounding neighborhood, or the public health,welfare and safety.

The grant authorized herein incorporates a number of conditions which have beenimposed upon the use. These conditions, including environmental mitigationmeasures, will make the use more compatible with other uses in the surroundingcommunity. Some of the operational limitations which are alcohol related have beennoted in the Background section of this determination for reference only and forconsideration by the State of California's Department of Alcoholic Beverage Controlto impose as they deem appropriate.

The subject grant for off-site beer and wine sales is authorized for a term of fiveyears. Prior to the end of the term grant, the applicant will. have to seekauthorization to continue the alcohol sales. This allows the City an opportunity toreview the operation of the venue anew. If the operation has been conductedappropriately and without creating problems, then a subsequent decision on a newgrant may take that into favorable consideration. A record of poor complianceand/or nuisance complaints would allow the City the discretion to not authorize thecontinuation of alcohol sales and thus avoid the need to proceed with prolongednuisance abatement proceedings. Thus, as conditioned the use is anticipated to notdegrade adjacent areas, properties, or the neighborhood

3. The project substantially conforms with the purpose, intent and provisions ofthe General Plan, the applicable community plan, and any specific plan.

The Central City Community Plan Map desiqnates the property for CommunityCommercial land uses with the corresponding zones of CR, C2, C4, RAS3, andRAS4, and Height District No. 2D.

The subject property is planned and zoned for commercial uses. The conditionalauthorization for the off-site sale of alcoholic beverages is allowed through theapproval of the Zoning Administrator subject to certain findings. The requiredfindings in support have been made herein.

4. The proposed use will not adversely affect the economic welfare of thecommunity or result in an undue concentration of premises for the sale ofalcoholic beverages after given consideration to the State laws and to the

PAGEi3

California Department of Alcoholic Beverage Control's guidelines for undueconcentration and giving consideration to crime rates in the area,

According to the State of California Department of Alcoholic Beverage Control(ABC) licensing criteria, 3 on-sale and 2 off-sale licenses are allocated to CensusTract No. 2062. There are currently 78 on-site and 7 off-site licenses in this CensusTract.

The subject location is within an area where the threshold of allocated licenses hasbeen reached. The request is also within a commercial corridor and a touristdestination area (Little Tokyo) where there are a variety of establishments that caterto a range of choices. This grant is approved for a limited term of five years whichallows for a review of the grant in its entirety at the end of such term and of anevaluation of any impacts associated with any future potential increase in licenseswithin this census tract.

As reported by ABC from statistics provided by the Los Angeles Police Department,\

within Crime Reporting District No. 128, which has jurisdiction over the subjectproperty, a total of 107 crimes were. reported in 2012, compared to the citywideaverage of 146 crimes and the high crime reporting district average of 176 crimesfor the same period.

The crime rate numbers are lower than those rates identified for the citywideaverage. Nevertheless, a number of conditions to continue to help safeguard thecommunity and provide for a reasonable operation have been imposed as part ofthis action including a security guard, a camera surveillance system and therequirement for a term grant. The security guard condition requested by the PoliceDepartment has been required. The requirement for the term grant wil; furtherinsure that oversight is maintained if subsequent favorable actions are pursued.

5. The use will not detrimentally affect the nearby residentially zonedcommunities in the area after giving consideration to the distance of theproposed use from residential uses, churches, schools, hospitals, publicplaygrounds, and other similar usesand other establishments dispending, forsale or other consideration, alcoholic beverages, including beer and Wine.

There are residential, religious, and cultural/institutional uses within the vicinity ofthe subject site. Directly to the east and west are single room occupancy residentialunits above ground floor commercial. To the northeast are cultural/institutional usesincluding the Japanese American National Museum and the Geffen Contemporaryat MOCA. To the south are a hotel and a church. The project site is located along aneighborhood commercial corridor, where diversity amongst uses is not uncommon.This grant has placed numerous conditions on the request and not authorized usesof the property, which might create potential nuisances for the surrounding area.Such imposition of conditions, as well as the imposition of a term grant, will makethe use a more compatible and accountable neighbor to the surrounding uses thanwould otherwise be the case.

CASE NO. ZA 2013-')")50(CUB) PAGE 14

6. The National Flood Insurance Program rate maps, which are a part of the FloodHazard Management Specific Plan adopted by the City Council by Ordinance No.172,081, have been reviewed and it has been determined that this project is locatedin Zone C, areas of minimal flooding.

ADDITIONAL MANDATORY FINDINGS

7. On December 4, 2013, a Mitigated Negative Declaration (ENV 2013-3251-MND)was prepared for the proposed project. On the basis of the whole of the recordbefore the lead agency including any comments received, the lead agency finds thatwith imposition of the mitigation measures described in the MND (and identified inthis determination), there is no substantial evidence that the proposed project willhave a Significant effect on the environment. I hereby adopt that action. ThisMitigated Negative Declaration reflects the lead agency's independent judgment andanalysis. The records upon which this decision is based are with the EnvironmentalReview SecTion oITne Plannlnq "Departmentin"Room'75U,"2UtJN"brth Spring Street.

Inquiries regarding this matter shall be directed to JoJo Pewsawang, Planning Staff for theOffice of Zoning Administration.

JOJO PEWSAWANGProject PlannerDirect Telephone No. (213) 978-1214

fel I

( " 'tL---"-4_)U..\

LOURDES GREENAssociate Zoning Administrator

LG:JP:lmc

cc: Councilmember Jose HuizarFourteenth District

Adjoining Property Owners