RESOLUTION NO

Transcription

1 RESOLUTION NO A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WEST HOLLYWOOD, CONDITIONALLY APPROVING CONDITIONAL USE PERMIT , DEVELOPMENT PERMIT , ADMINISTRATIVE PERMIT , MODIFICATION , REHABILITATION INCENTIVE TO ADAPTIVELY REUSE A LOCAL CULTURAL RESOURCE FOR A NIGHTCLUB WITH OUTDOOR LOUNGE; CONSTRUCT A THIRD FLOOR RESIDENTIAL ADDITION; RESTORE AND MAKE ALTERATIONS TO THE RESOURCE; MODIFY MAXIMUM FLOOR AREA REQUIREMENTS TO ALLOW A TEN PERCENT INCREASE IN FLOOR AREA RA TIO; AND REDUCE THE REQUIRED PARKING USE FOR THE PROPERTY LOCATED AT 8811 SANTA MONICA BOULEVARD, WEST HOLLYWOOD, CALIFORNIA. The Planning Commission of the City of West Hollywood does hereby resolve as follows: SECTION 1. An application for Conditional Use Permit and Development Permit were initially filed on February 9, The following subsequent applications were filed: Administrative Permit and Modification , filed August 4, 2005; and Rehabilitation Incentive , filed July 13, Conditional Use Permit and Development Permit were deemed complete on May 27, 2005, while Administrative Permit and Modification were deemed complete on August 5, Rehabilitation Incentive was deemed complete on July 15, The project includes adaptive reuse of a local cultural resource for a new nightclub with outdoor lounge; construction of a third floor residential addition; restoration and alterations of a cultural resource; ten percent modification of maximum floor area requirements; and reduction of the required parking from fifteen parking spaces per one thousand square feet for nightclub use to nine parking spaces per one thousand square feet for restaurant use. The project site is a designated local cultural resource located at 8811 Santa Monica Boulevard. SECTION 2. A public hearing before the Planning Commission was called and noticed in accordance with Municipal Code requirements in the following ways: 1) notices were mailed on August 4, 2005, to all owners and tenants of properties lying within a 500-foot radius of the project site; 2) the property was posted with a notice of public hearing sign starting July 21, 2005, and 3) a notice was placed on the City's website and cable television channel. The Planning Commission considered the request at a public hearing held on August 18, ITEM 10.D. EXHIBIT B

2 Page 2of18 SECTION 3. The proposed request is categorically exempt from CEQA environmental review requirements under Section 15301, 15331, and of CEQA (Existing Facilities, Historic Resource Restoration/Rehabilitation, and Urban Infill) in that the adaptive reuse of the building for the new use of a nightclub and residential unit and the restoration/rehabilitation of the existing, designated historic resource is an operational modification with minor alteration of the private structure. SECTION 4. Pursuant to Section (Findings) of the West Hollywood Municipal Code, the Commission makes the following findings of fact regarding Conditional Use Permit for the proposed nightclub with full sales, service, and consumption of alcohol located at 8811 Santa Monica Boulevard: a. The proposed use is allowed within the Community Commercial zoning district with conditional use permit approval, and complies with all other provisions of this Zoning Ordinance (specifically Nightclubs and Related Uses) because of its design, location, and hours of operation. All parking will occur by valet on-site. Additionally, the project has been conditioned to minimize impacts on the surrounding neighborhood and provide the appropriate lavatory facilities for the new use. b. The proposed use is consistent with the objectives, policies, general land uses and programs of the West Hollywood General Plan, which encourages the full diversity of commercial uses along Santa Monica Boulevard, including entertainment. The General Plan provides objectives to encourage the continued enhancement of Santa Monica Boulevard as a provider of localserving commercial and entertainment uses and provides policies to encourage the development of new commercial uses along Santa Monica Boulevard. c. The site is physically adequate for the type, density, and intensity of the proposed use because it is an existing building located in an area with other entertainment uses. The remodeling includes rehabilitation and restoration of the existing local cultural resource and major interior tenant improvements, including upgrading of the lavatory facilities to accommodate the new use. The existing building currently has no off-street parking available, and the new use will provide 40 valet parking spaces to be located at the parking lot directly behind the subject property. d. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and the vicinity because this area of Santa Monica Boulevard is concentrated with commercial uses that include entertainment businesses.

3 Page 3 of 18 e. The proposed use at this location will not endanger, jeopardize, or otherwise constitute a menace to the public convenience, health, interest, safety, or the general welfare of persons residing or working in the vicinity of the nightclub because the approval contains conditions that minimize any impacts on the surrounding area. The request for a nightclub with full service alcohol sales, service and consumption is conditioned to reduce any impacts and therefore, the use will not be detrimental to the public interest, health, safety, convenience or welfare. SECTION 5. In accordance with Section of the West Hollywood Municipal Code (Development Permit Findings), the Commission makes the following findings regarding Development Permit for a new third floor residential addition: a. The proposed third floor residential addition is allowed within the subject CC, Community Commercial zoning district and complies with the intent of all of the applicable provisions of Article 19 of the West Hollywood Municipal Code. Residential uses and intensifications of existing uses are permitted in CC zones with a Development Permit. This application meets all the relevant general standards for property development and the specific standards for mixed-use projects per Zoning Ordinance Sections and (8). The proposal is for the construction of a third floor, two bedroom, 600 square foot apartment unit to be located above an existing designated cultural resource that is to be used for a new nightclub. The new addition has been designed to meet all of the standards outlined in the above Zoning Ordinance sections. In addition, the project meets the guidelines provided by the Secretary of the Interior Standards for Rehabilitation and Restoration. b. The pr: posed project can be adequately conditioned so as not to endanger, jeopardize, or otherwise constitute a menace to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed project. The project meets all zoning ordinance requirements, and is designed to complement the style, massing and height of the existing cultural resource and surrounding commercial structures. In addition, the approval of this project continues the implementation process of the General Plan. Specifically, the City's Housing Element of the General Plan indicates that the City's share of the region's housing needs is 410 new housing units to be built between 1998 and Consequently, this project would help the City meet its share. SECTION 6. In accordance with Section of the West Hollywood Municipal Code (Administrative Permit Findings), the Commission makes the following findings regarding Administrative Permit for an outdoor lounge/dining area:

4 Page 4 of 18 a. The proposed use, an outdoor lounge area, is conditionally permitted within the subject CC zone with an administrative permit and complies with the intent of all applicable provisions of Article 19 of the West Hollywood Municipal Code. The proposed outdoor lounge area can be adequately conditioned to meet all the relevant general standards for property development and complies with the specific standards set forth in Section for outdoor dining. b. The proposed outdoor lounge area is approved as an accessory use to a nightclub. The proposed use is consistent with the General Plan and Zoning Ordinance because the use encourages pedestrian activity along Santa Monica Boulevard and conveys the sense of an "urban village", in its use of open space to incorporate "pedestrian friendly" uses. An outdoor lounge area is consistent with the General Plan land use designation for the project site and the CC zoning district. SECTION 7. In accordance with Section of the West Hollywood Municipal Code, the Commission approves Modification Permit to allow for a ten percent increase of the maximum 2.0 FAR for the project site for a total FAR of 2.2. SECTION 8. Pursuant to Section E of the West Hollywood Municipal Code, and as conditioned, the Planning Commission of the City of West Hollywood makes the following findings regarding Rehabilitation Incentive RI : a. A nightclub business will generate more income than lesser intense uses of the site and the reduction in parking will provide compensation to the applicant to encourage and allow for the maintenance, preservation, and rehabilitation of the original building. b. The proposed restoration of the original building fa9ade features will not impair the aesthetic, architectural, or historic integrity of the resource. The proposed restoration plan is consistent with the Secretary of the Interior Standards for Restoration and Rehabilitation and the alterations proposed will, indeed, restore several missing details of the original exterior features of the building. The resolution for approval is conditioned to provide measures for the proper storage, maintenance, and preservation of building features to be removed for the adaptive reuse of the designated structure. And, the requested decrease in parking standards will have no direct impact on the historic fabric of the existing structure, except to provide a means to encourage its continued use. c. The site currently has no parking spaces, where 23 spaces would be required for the grandfathered use. The applicant is providing the 34 required parking spaces for restaurant use and is also providing 4 additional parking spaces in support of the new use. The new proposed use of the building is located in an area where patrons may park at one establishment while patronizing another. Therefore, the number of off-street parking spaces being provided for the new use is a considerable improvement with respect to the code requirements than what currently exists.

5 Page 5of18 d. The proposed nightclub and restaurant adaptively reuses the cultural resource and does not occupy more than its original square footage. The proposed third floor residential addition is a new structure to be added to the cu ltural resource and therefore is not a reuse of the building. The applicant has applied for a Rehabilitation Incentive to decrease the parking rate for the nightclub and has not requested a rehabilitation incentive for the proposed addition. e. The adaptive reuse (nightclub/restaurant) is consistent with General Plan and the permitted uses of the Community Commercial Zoning District, where the cultural resource is _located. In addition, the area has many other nightclubs and historically has been an entertainment district within the community. A City cultural historic resource, located directly across the street from the subject property, was adaptively reused as a nightclub and is currently in operation. f. The proposed reuse would result in restoration of several exterior fa9ade features of the original building including but not limited to the restoration of: wood windows: glass entrance doors; framing; quoinwork; lintels; lanterns; ornamental Sherman medallions; spiral rope columns: brass plaques; and decorative iron grills. The restoration plan provided by the applicant and conditions of approval provided in the attached resolution include provisions for maintenance of the building. Approval of the adaptive reuse proposed provides incentive for the continued use of the resource. g. The cultural resource has historically been used for commercial purposes: its original use was a bank, and its most recent use was a recording studio. During the use of the property as a recording studio, records indicate that no historic features of the building were ever restored. The new proposed reuse of the building provides a means to restore several original fa9ade features of the building. The structure is located in a viable entertainment district within the City, and the proposed nightclub and restaurant use is intended to offset any economic hardships that exist to restore and maintain the historic integrity of the building. The applicant has proven that the request for the reuse of the structure is necessary to restore and maintain the build ing. SECTION 9. Pursuant to the above findings, the Planning Commission hereby approves aforementioned permits, subject to the following conditions:

6 Page 6of18 CONTENTS: 1.0 Legal Requirements 2.0 Project Description 3.0 Design Requirements 4.0 Construction Phase 5.0 Building Safety/ Engineering 6.0 Transportation, Parking and Circulation 7.0 Operations 8.0 Outdoor Lounge/Dining Area 9.0 CUP 1.0 LEGAL REQUIREMENTS 1.1) This permit shall not be effective for any purpose until a duly authorized representative of the owner of the property has filed with the Department of Community Development, a notarized affidavit accepting all the conditions of this permit. This affidavit shall be recorded with the County Recorder and is binding on successors. If the applicant is a corporation, then an officer of the corporation duly authorized to bind the corporation shall sign the acceptance affidavit. ( Planning) 1.2) If any provision of this permit is held or declared by a court of competent jurisdiction to be invalid and such invalidation would result in a material change to the obligations of or the benefits accruing to either the City or the applicant hereunder, the Director may declare the permit to be void and the privileges granted hereunder to have lapsed. ( Planning) 1.3) The failure to comply with any of the conditions of approval shall be grounds for revocation of the permit. ( Planning) 1.4) Approval of this permit shall expire twenty-four (24) months from the date of approval by the Planning Commission, unless significant construction or improvements or the use authorized hereby has commenced or an extension of the permit has been granted. One or more extensions of time for use inauguration may be requested. No extension shall be considered unless requested at least 30 days prior to the expiration date. ( Planning) 1.5) In the event that the applicant violates or fails to comply with any of the conditions of approval of this permit, the City may take measures to cure such violations, including but not limited to, revocation of this permit. The applicant shall be required to reimburse the City fully for its costs and expenses, including but not limited to, attorney's fees, in undertaking such corrective action. Reimbursement of enforcement costs shall constitute a civil debt and may be collected by any means permitted by law. In the event that violations of this permit occur, the City shall refrain from issuing further permits, licenses or other approvals until such violation has been fully remedied. ( Planning) 1.6) Construction permits for the project shall not be issued until this permit is deemed final based on section of the Zoning Code. ( B&S, Planning) 1.7) The conditions of approval of Certificate of Appropriateness Permit No (Resolution No. HPC 05-59) are hereby incorporated and expressly made conditions of this permit as well. ( Planning)

7 Page 7 of 18 ( 1.8) In the event that the applicant violates or fails to comply with any of the conditions of approval of this permit, the City may take measures to cure such violations, including but not limited to, revocation of this permit. The applicant shall be required to reimburse the City fully for its costs and expenses, including but not limited to, attorney's fees, in undertaking such corrective action. Reimbursement of enforcement costs shall constitute a civil debt and may be collected by any means permitted by law. In the event that violations of this permit occur, the City shall refrain from issuing further permits, licenses or other approvals until such violation has been fully remedied. ( Planning) 1.9) Condition based on , construction permits for project shall not be issued until this permit is deemed final based on section of the Zoning Code.( B&S, Planning) 2.0 PROJECT DESCRIPTION 2.1) This permit approval is for a new nightclub, tentatively called "Eleven", located at 8811 Santa Monica Boulevard. The approval is for the adaptive reuse of a local cultural resource to be used for a new nightclub and restaurant with outdoor lounge area and for the construction of a new 600 square foot, third floor residential addition. The nightclub and outdoor lounge hours of operation are 11 :OOa.m. to 2:00 a.m. Monday through Friday and 10:00 a.m. to 2:00 a.m. Saturday and Sunday, with the sale, service, and consumption of full alcohol to occur during all business operating hours. The permit also includes DJ and live entertainment activities as so conditioned in section 5.0 "Operations" of this resolution. The maximum FAR for the project site is 2.2. A total of 40 parking spaces shall be provided at the parking lot located at N. Larrabee Street. Two of the parking spaces shall be designated for use of tenants living in the third floor apartment. 2.2) This approval is for those plans date stamped August 8, 2005, which are those plans reviewed and approved by the Planning Commission at its meeting of August 18, A copy of said plans shall be maintained in the files of the City Planning Division. The project shall be developed and maintained in substantial conformance with said plans, except as otherwise specified in these conditions of approval. ( Planning) 2.3) If at any time the applicant fails or refuses to comply with or violates any of the conditions upon demand of City, applicant shall post a cash bond with City in an amount specified by the City to guarantee and secure such compliance in the event of a future violation. City shall have the right to issue a stop work order that shall not be lifted until the bond is posted; moreover, no other permit of any kind shall be issued unless and until such bond is posted. The bond shall be held by City in an interest bearing account with interest inuring to applicant for as long as compliance with any of the conditions is required. City may, without notice to applicant, fulfill the conditions and draw upon the bond to reimburse the City for any costs or expenses incurred in so doing. This shall be in addition to any other remedy provided under this permit or by law. After three substantial code violations, the City will hire a third party to monitor the site until all of the conditions are brought into compliance. The City may, without notice to the applicant, draw upon the bond to pay the costs of hiring the third party. ( Code Compliance) 3.0 DESIGN REQUIREMENTS 3.1 ) A noise reduction plan shall be submitted for review and approval by the Director of Community Development before issuance of business licenses for the nightclub and outdoor lounge/dining area. The noise reduction measures shall be complete before any of the uses allowed under this permit may be initiated. ( Planning)

8 Page 8 of ) Prior to the issuance of Building Permits, plans that show bathroom facilities in accordance with WHMC Sec (C)(2)(a) shall be submitted for review and approval by the Community Development Director. 3.3) Prior to the issuance of Building Permits, an interior lighting plan shall be provided in accordance with WHMC Sec (C)(1 ). ( Planning) 3.4) The project design shall be consistent with the Historic Preservation Commission's approved Resolution No. HPC ( Planning) 3.5) 3.6) No signage included as part of this approval. ( Planning) The residential unit shall not be accessed from the nightclub. ( Planning) 4.0 CONSTRUCTION PHASE 4.1) A laminated copy of the conditions of approval shall be posted on-site during the construction phase. ( B&S) 4.2) A sign shall be provided on the construction site with minimum dimensions of four feet by four feet, with lettering no less than two inches in height on a contrasting background, visible and readable from the public right of way stating the following: a) Job site address b) Name and phone number of project owner or owner's representative c) Name and phone number of the general contractor and /or on-site superintendent (both if not the same person). d) Construction hours: Monday through Friday 8:00 AM to 7:00 PM Saturday interior work only 8:00 AM to 7:00 PM No construction activities on Sundays or holidays e) No equipment staging or start-up, material deliveries, or personnel arrivals before 8:00 AM Monday through Saturday. f) To report violations to the City of West Hollywood call the Code Compliance Hotline at (323) ( B&S) 4.3) There shall be an on-site construction manager present at all times during construction. ( B&S) 4.4) Sidewalks and streets shall be kept clean and passable during all phases of construction, to the satisfaction of the City Engineer. Temporary sidewalks shall be constructed, or alternative passage for pedestrians shall be provided based on construction, should the existing sidewalk need to be closed during construction. ( Engineering) 4.5) Vehicles hauling dirt or other construction debris from the site shall cover any open load with a tarpaulin or other secure covering to minimize dust emissions. ( B&S) 4.6) A construction period mitigation plan shall be prepared by the applicant and submitted to the Director of Community Development for approval, prior to issuance of a building permit. As applicable, this plan shall:

9 Page 9 of 18 a) Specify the names, addresses, telephone numbers and business license numbers of all contractors and subcontractors as well as the developer and architect; b) Describe how demolition of any existing structures is to be accomplished; c) Indicate where any cranes are to be located for erection and construction; d) Describe how much of the public street, alleyway, or sidewalk is proposed to be used in conjunction with construction; e) Set forth the extent and nature of any pile-driving operations; f) Describe the length and number of any tiebacks which must extend under the property of other persons; g) Specify the nature and extent of any dewatering and its effect on any adjacent buildings; h) Describe anticipated construction-related truck routes. number of truck trips, hours of hauling and parking locations; i) Specify the nature and extent of any helicopter hauling; j) State whether any construction activity beyond normally permitted hours is proposed; k) Describe any proposed construction noise mitigation measures; I) Describe construction-period security measures including any fencing, lighting, and security personnel; m) Provide a drainage plan; n) Provide a construction-period parking plan which shall minimize use of public streets for parking; 4.7) List a designated on-site construction manager.( B&S) 4.8) During the construction phase, the contractor shall employ best management practices consistent with the National Pollutant Discharge Elimination System Permit for the purposes of controlling wet weather erosion and off site sedimentation at the project site. (_ Code Compliance, B&S) 4.9) During any demolition of the building and/or new construction, the site shall be maintained in a safe manner so as not to threaten the public health, safety, or general welfare. ( Code Compliance, B&S, Engineering) 4.10) Mobile food service vendors shall only be permitted to visit the construction site during the permitted hours of construction activities cited in condition 5.3. ( Code Compliance) 4.11) In the event of an emergency or disaster, the applicant, or any of the project contractors or subcontractors, shall allow the City to use any heavy equipment associated with the project for the purpose of assisting in emergency or disaster relief efforts. ( Public Safety, B&S) 4.12) The Contractor shall reduce the discharge of pollutants in storm water runoff to the maximum extent practicable by the effective implementation of appropriate Best Management Practices, including, but not limited to: a) Spills and leaks must be cleaned up immediately. b) Vehicles and equipment must be refueled in a designated area. c) Vehicles and equipment must be washed at a facility that is self-contained, covered, equipped with a clarifier or other pretreatment facility, and properly connected to a sanitary sewer. d) Exposed piles of soil, debris and construction materials must be covered with plastic sheeting or equivalent if rain is predicted. e) Materials must not be stored or deposited on surfaces that drain to streets, storm drains or channels. f) Gravel approaches must be used at ingress and egress points where truck or vehicular traffic is frequent.

10 Page 10 of 18 g) Regular self-inspections of structural BMPs must be made to ensure their proper operation. h) Employees and subcontractors must be trained about the causes of storm water pollution and preventative measures. Educational materials are available from the Planning Division. ( Code Compliance) 5.0 BUILDING SAFETY/ ENGINEERING 5.1) The subject property shall be served by on-site underground utilities to the satisfaction of the City. ( B&S) 5.2) All structures shall conform to the requirements of the City of West Hollywood Building and Safety Division. ( B&S) 5.3) The housing unit shall be constructed and completed prior to the issuance of the certificate of occupancy for the nightclub and restaurant. ( B&S) 5.4) The project shall be developed and maintained in compliance with requirements of the Los Angeles County Health Department. Adequate water and sewage facilities shall be provided to the satisfaction of the Health Department. ( B&S) 5.5) Prior to issuance of Building Permits, plans and supporting information must be submitted to and approved by the Building and Safety Division prior to performing any operation which will disturb or expose soil, as follows: a. For sites involving less than 2 acres of disturbed area, an Owner's Certification must be prepared. b. For sites on hillsides, or those with at least 2 acres of disturbed area, but less than 5 acres, a Local Storm Water Pollution Prevention Plan (SWPPP) must be prepared. c. For sites with more than 5 acres of disturbed area, a SWPPP must be prepared and the Contractor must provide evidence to the Building and Safety Division that a Notice of Intent (NOi) has been submitted to the appropriate state agency. d. If work will be completed on the project between October 1 and April 15, a Wet Weather Erosion Control Plan must be prepared. The preparation, submittal and adherence to all City requirements are the responsibility of the Contractor. ( B&S) 5.6) The structure(s) shall be equipped with ultra low flush toilets. If showers are present, showerheads shall not exceed 2.5 gallons per minute flow. ( B&S) 5. 7) A construction period mitigation plan shall be prepared by the applicant and submitted to the Building Official and City Engineer for approval, prior to issuance of a building permit. As applicable, this plan shall: a) Specify the names, addresses, telephone numbers and business license numbers of all contractors and subcontractors as well as the developer and architect; b) Describe how demolition of any existing structures is to be accomplished; c) Designate the permitted waste haulers and recyclers and include the construction period disposal and recycling plan d) Indicate where any cranes are to be located for erection and construction; e) Describe how much of the public street, alleyway, or sidewalk is proposed to be used in conjunction with construction; f) Set forth the extent and nature of any pile-driving operations; g) Describe the length and number of any tiebacks which must extend under the property of other persons; h) Specify the nature and extent of any dewatering and its effect on any adjacent buildings; i) Describe anticipated construction-related truck routes, number of truck trips, hours of hauling and parking locations;

11 Resolution No. PC O Page 11 of 18 ( j) Specify the nature and extent of any helicopter hauling; k) State whether any construction activity beyond normally permitted hours is proposed; I) Describe any proposed construction noise mitigation measures; m) Describe construction-period security measures including any fencing, lighting, and security personnel; n) Provide a drainage plan; o) Provide a construction-period parking plan which shall minimize use of public streets for parking; p) List a designated on-site construction manager. 5.8) An Encroachment Permit must be approved by the City Engineer prior to commencement of any activities affecting the public right-of-way. Prior to issuance of each Encroachment Permit, the applicant shall submit to the satisfaction of the City Engineer plans and details regarding the scope activities covered by the Encroachment Permit. These activities may include, but not be limited to: a) Excavation - staging of haul trucks, haul routes, site clean up b) Bins - dumpsters, haul trucks c) Temporary fencing/pedestrian barricade/fa9ade protection d) Office - construction office in public right of way e) Material Deliveries f) Material Storage g) Concrete Pours - staging of trucks, clean out, clean up h) Worker Parking i) Construction Equipment - crane, gunite equipment, scaffolding, etc. j) Traffic and Pedestrian Management Safety Plan at Project k) Public Improvements, Sidewalk, Curb, Gutter, Driveways 5.9) During the demolition of the building and the new construction, the site shall be maintained in a safe manner so as not to threaten the public health, safety, or general welfare. 5.9) Sidewalks and streets shall be kept clean and passable during all phases of construction, to the satisfaction of the City Engineer. Temporary sidewalks shall be constructed, or alternative passage for pedestrians shall be provided based on construction, should the existing sidewalk need to be closed during construction. 5.10) All work within the road right-of-way shall be designed to the satisfaction of the City Engineer (including but not limited to curb, gutter, sidewalk, driveways, parkway drains, and street tree locations). 5.11) Drainage of storm water from the subject property shall be disposed of under the sidewalks in a manner satisfactory to the City Engineer. Wherever possible, on-site drainage systems shall outlet directly into the adjacent public storm drain system. Connection to the County systems shall be in compliance with any required permits of the jurisdictional agency. A drainage plan shall be submitted to the City Engineer and approved prior to issuance of Building Permits. 5.12) Prior to issuance of the Certificate of Occupancy, all broken or damaged curbs, gutters, and sidewalks along the property frontages to Santa Monica Blvd and Larrabee Street shall be replaced to the satisfaction of the City Engineer. 5.13) For the outdoor dining area proposed in the public right of way, a Sidewalk Cafe Encroachment Permit shall be procured from the City Engineer. This Permit requires annual renewal and payment of fees.

12 Page 12 of ) A Standard Urban Storm Water Mitigation Plan (SUSWMP) must be incorporated into the project design and will require a detailed review and approval by the City prior to issuance of the building permits. This Plan must specify the various infrastructure components and Best Management Practices for the project post construction which will control/prevent non-storm water discharges. 5.15) Prior to issuance of Building Permits, plans and supporting information must be submitted to and approved by the Environmental Services Specialist prior to performing any operation which will disturb or expose soil, as follows: a) For sites involving less than 1 acre of disturbed area, an Owner's Certification must be prepared. For sites on hillsides, or those with at least 1 acre of disturbed area, a Local Storm Water Pollution Prevention Plan (SWPPP) must be prepared. b) For sites with more than 1 acre of disturbed area, a SWPPP must be prepared and the Contractor must provide evidence to the Building and Safety Division that a Notice of Intent (NOi) has been submitted to the appropriate state agency. c) If work will be completed on the project between October 1 and April 15, a Wet Weather Erosion Control Plan must be prepared. The preparation, submittal and adherence to all City requirements are the responsibility of the Contractor ) For the demolition and construction phases of the work, the project will need to adhere to a Stormwater Pollution Prevention Plan (SWPPP) which specifies Best Management Practices consistent with the National Pollutant Discharge Elimination System Permit for the purposes of controlling wet weather erosion and off site sedimentation at the project site. The SWPPP will be subject to review and approval by the City prior to issuance of a demolition permit. Implementation of appropriate Best Management Practices, shall include, but not be limited to: a) Spills and leaks must be cleaned up immediately. b) Vehicles and equipment must be refueled in a designated area. c) Vehicles and equipment must be washed at a facility that is self-contained, covered, equipped with a clarifier or other pretreatment facility, and properly connected to a sanitary sewer. d) Exposed piles of soil, debris and construction materials must be covered with plastic sheeting or equivalent if rain is predicted. e) Materials must not be stored or deposited on surfaces that drain to streets, storm drains or channels. f) Gravel approaches must be used at ingress and egress points where truck or vehicular traffic is frequent. g) Regular self-inspections of structural BMPs must be made to ensure their proper operation. h) Employees and subcontractors must be trained about the causes of storm water pollution and preventative measures. Educational materials are available from the Planning Division. 5.17) In order to reduce runoff into the storm drains and meet the requirements of the City's National Pollution Discharge Elimination System (N PDES) permit, the applicant shall comply with the following conditions: a) The pavement of the outdoor dining area shall not be hosed down. Instead, the area should be cleaned with a broom and/or mop. Debris that is swept shall be picked up and deposited into a waste bin, not swept into the street. b) At least one exterior waste receptacle shall be provided. c) Tabletop ashtrays shall be provided at all tables where smoking is permitted. d) The owner/manager shall train all employees on storm water pollution prevention methods, as well as post and make available on site educational material geared toward employees on storm water pollution prevention methods.

13 ( Page 13 of ) Prior to issuance of the Demolition Permit, the applicant shall submit to the Environmental Services Specialist a Demolition and Construction Debris Recycling Plan, which indicates where select demolition debris is to be sent for recycling. A minimum of 50% of all demolition debris and construction waste must be recycled. The Plan will be subject to review and approval by the City. The plan shall list the material to be recycled and the name, address, and phone number of the facility or organization that will accept the materials. For a list of companies that accept demolition debris, contact Environmental Services at (323) ) Demolition debris is to be hauled away only by a hauler permitted to operate in West Hollywood. For a list of permitted haulers, contact the Environmental Services Specialist at (323) ) Prior to issuance of the Certificate of Occupancy, the applicant shall submit to the Environmental Services Specialist recycling manifests from all disposal sites, recycling sites and landfills that accepted demolition, excavation and/or general construction waste and recycled materials from this site ) The project must be designed to incorporate solid waste and recycling operations in a convenient manner. The project shall be designed to meet the requirements in Section 19 of the zoning ordinance. The trash and recyclables storage area shall be designed with adequate space to accommodate the trash bins and recycling carts. Prior to issuance of Building Permits, a site plan shall be submitted to the Environmental Services Specialist for review and approval which shows the location and dimensions of the trash and recyclables storage area. 5.22) Prior to issuance of the Certificate of Occupa9cy, the applicant shall submit to the Environmental Services Specialist a Solid Waste and Recycling Plan, which will be implemented during ongoing operation of the commercial building. The City's designated Franchise Hauler shall provide solid Waste services. Recycling services shall be provided by a City permitted recycler. Of particular concern for the site is the recycling of bottles, cans, food waste, and cardboard. 6.0 TRANSPORTATION, PARKING AND CIRCULATION 6.1) Six months from the date that the Building Permits are issued, the parking for the site shall be reviewed by the Planning Commission. In no event shall more than fourteen additional parking spaces be required, if applicable. ( Planning) 6.2) Prior to the issuance of Building Permits, a covenant shall be executed by the property owner to hold the two properties: 1) N. Larrabee Street; and 2) 8811 Santa Monica Boulevard together as one property to the satisfaction and approval of the City Attorney. ( Planning) 6.3) Prior to issuance of Building Permits, plans that depict the construction of a driveway apron to encourage left turns only out of the parking area shall be submitted for review and approval of the Director of Transportation and Public Works Department and the City Engineer. Guidelines are available for planning purposes from the City Engineer. The site plan shall also include a Caltrans R3-1 sign indicating that right turns are prohibited out of the parking lot area. ( DOT) 6.4) The driveway located at the west entrance/exit of the parking lot at Larrabee Street shall not be chained. Security barriers that obstruct the driveway shall be reviewed and approved by the Director of Transportation and Public Works Department and City Engineer. ( DOT) 6.5) The nightclub shall provide a total of thirty-eight (38) valet parking spaces and two (2) designated, residential tenant parking spaces to be located at N. Larrabee Street. ( Planning)

14 Page 14of18 6.6) Prior to the issuance of building permits, a parking plan shall be submitted that indicates the location of the two (2) parking spaces to be provided for the residents of the new apartment. The parking spaces shall be provided at the parking lot located at Larrabee Street and shall be clearly designated/marked for use by the residential tenants to the satisfaction of the Community Development Director. ( Planning) 6.7) All required business licenses shall be obtained and maintained for valet parking operation. ( Code Compliance) 6.8) Prior to the issuance of Building Permits, a parking area lighting plan in accordance with WHMC Sec (B)(4) shall be submitted to the satisfaction and approval of the Community Development Director. ( Planning) 6.9) Prior to issuance of Building Permits, the applicant shall submit building plans which identify bicycle parking or pay the in lieu fee subject to the discretion of Director of Transportation and Public Works for review and approval. Specific guidelines are available for planning purposes. In General, the applicant shall provide a minimum of one employee bicycle parking space for each 7,500 square feet of gross floor area, and a minimum of one visitor or short term space for every 10,000 square feet of development or part thereof. ( DOT) 6.10) Prior to issuance of Building Permits, the applicant shall submit building plans which identify driveway and driveway landscaping visibility to the Director of Transportation and Public Works for review and approval. Driveways and driveway landscaping shall be designed to minimize interference with pedestrians. Nothing shall obstruct the motorists view from 5 feet back from the property line to a distance of 10 feet from the side of the driveway on to the driver's right side and 1 O feet from the centerline of the driveway to the driver's left side. The landscaping in the vicinity of each driveway and the walls of the building shall be designed in a manner so as not to interfere with the view that motorists have to the sidewalk. Shrubs shall be kept below 28 inches in height and the base of the foliage on trees shall be kept at a 5 foot minimum ( DOT) 6.11) Prior to issuance of Building Permits, the applicant shall submit building plans which identify any parking garage gate(s) and direction of the gate(s) movement if proposed to the Director of Transportation and Public Works for review and approval. Parking garage gates shall not move in a direction which interferes with on-street or pedestrian circulation. Gates shall open inward or by sliding alongside the building wall. Gates shall only open outward if the distance between the property line and the end of the opened gate is greater than 26 feet. Entry controllers shall be set back a minimum of 12 feet from the property line. ( DOT) 6.12) Prior to issuance of Building Permits, the applicant shall submit a parking operations plan to the Director of Transportation and Public Works for review and approval. The plan shall specify the type and location of access control that will be used, rates charged for parking if any, method of payment for parking, number of transactions which can be accommodated throughout the day, whether the development will offer validated parking, whether parking for employees will be subsidized, etc. ( DOT) 6.13) If using off-site parking, the plan shall address both on and off-site parking lots, if applicable, and shall include a list of incentives which the applicant will enact in order to encourage patrons to park directly at the off-site lot rather than driving to the project site and then having the valet drive to the off-site lot(s). It shall also specify when and to whom the incentives will be given. At a minimum, the incentives shall be directed at patrons who arrive by public transit, three or more to a vehicle, or who drive directly to the off-site parking location. Notification of such incentives shall be printed on parking receipts and shall accompany publicity and other promotional material. ( DOT)

15 Page 15of ) An employer within a development of 10,000 or more square feet who offers free or subsidized parking to any of its employees shall permit employees to receive in-lieu of that parking subsidy its fair market value in the form of a cash allowance for ridesharing or other commuting expenses or as a subsidy for transit fares. ( DOT) 6.15) In the event that a congestion management program adopted by the designated agency pursuant to California Government Code Section 65088, et seq., as amended from time to time, designates level of service standards or other requirements for highways, principal arterials and/or other roadways.in the City, or requires other measures to be taken, the applicant shall pay the cost of complying with such requirements to the extent that (a) such requirements are applicable and attributable to the project or the property, and (b) such requirements are not duplicative of the improvements, facilities or other measures which the City's transportation fees were intended to fund. ( DOT) 6.16) Prior to issuance of a Certificate of Occupancy, the applicant shall develop a management and use plan for loading vehicles, for approval by the Director of Transportation and Public Works. ( DOT) The plan shall include but not be limited to the following provisions: a) restricted delivery hours b) coordinated deliveries with nearby businesses c) prohibited deliveries or loading trucks on City streets d) delivery routes and circulation on City streets 7.0 OPERATIONS 7.1) The property and all areas within at least 100 feet of the facility shall be free of any waste or litter generated by the facility, by 7:00 a.m. following each night of operation. ( Code Compliance) 7.2) Prior to inauguration of the new use, the proper public eating license(s) shall be obtained Code Compliance) 7.3) There shall be no dancing on the property unless otherwise permitted under Special Events permits. ( Code Compliance) 7.4) Prior to the inauguration of the new use, the applicant shall submit, to the Code Compliance Manager for review an~ approval, a public safety and security plan for the project. The plan shall include but not limited to the following information: a) alarms and surveillance cameras: b) security lighting; c) on-site security personnel; d) light colored paint for interiors of the parking structure; e) clear and identifiable address indicators; f) avoidance of visually isolated pockets within the parking areas, and g) queuing of patrons h) security procedures & techniques ( Public Safety) 7.5) Security Personnel shall be provided at the main entrances and exits whenever the nightclub is open for business. ( Code Compliance) 7.6) The business/all business approved herein shall use West Hollywood as their business address on all stationery, advertisements, and business identification materials. ( Planning, Economic Development)

16 Page 16 of ) All tenants and operators shall comply with smoking regulations set forth by the State of California and the City of West Hollywood. ( Code Compliance) 7.8) No emergency exit doors in the nightclub area shall be propped open at any time. ( Code Compliance) 7.9) All doors at secondary and emergency exits not oriented toward commercial streets shall be closed by 10:00 p.m. except during bona fide emergencies. ( Planning) 7.10) All non-main and emergency entrances and exits not oriented toward commercially zoned public streets, when used for loading and unloading, shall comply with the requirements of the City's noise Ordinance (Chapter 9.08 of the Municipal Code) ( Planning) 8.0 OUTDOOR LOUNGE/DINING AREA 8.1) Prior to the issuance of Building Permits, revised plans of the outdoor lounge area shall be submitted for review and approval of the Community Development Director. Outdoor lounge furniture shall not be fixed. 8.2) Outdoor smoking area shall be developed in accordance with the approved site plan on file in the City Planning Division, which indicates total square footage and location for the outdoor smoking area. All outdoor smoking activities shall take place on private property. ( Planning) 8.2) There shall be no amplified sound or music in the outdoor lounge area. This area must be in compliance with the City of West Hollywood's Noise Ordinance. Code Compliance) 8.3) Lighting in the outdoor lounge area shall be so arranged to prevent glare onto or direct illumination into any adjacent residential property. L_ Planning) 8.4) Landscaping of the outdoor lounge area may include the use of planter boxes and/or permanent vegetation and shall be in conformance with the landscape plan approved for the project. ( Planning) 8.5) Prior to the issuance of building permits, revised plans that meet the intent of the standards for public dining in accordance with WHMC Sec shall be submitted for review and approval of the Community Development Director. The revised plans shall include an outdoor lounge area that provides more interaction with the street and is pedestrian friendly. Street furniture proposed shall be moveable and appear moveable rather than built in. Proposed railings shall be no higher than the minimum required by the Alcohol and Beverage Control. Planning) 8.6) Hours of operation for the outdoor lounge area shall be Monday through Friday from 11 :00 a.m. to 2:00 a.m. and Saturday and Sunday from 10:00 a.m. to 2:00 a.m. ( Code Compliance) 8.7) Upon issuance of Building Permits, the hours of outdoor operations shall be subject to a six month review by the Director of Community Development. ( Planning) 9.0 CUP 9.1) There shall be no significant movement of the interior furniture, and in no event shall the interior furniture be moved so as to create a space for a dance floor or an assemblage that is not contemplated by this entitlement.( Code Compliance). 9.2) Prior to issuance of a certificate of occupancy, applicable licenses shall be obtained and maintained from the State Alcoholic Beverage Control Board. ( Code Compliance)

17 Page 17of18 ( 9.3) The sale, service and consumption of alcoholic beverages is prohibited between the hours of 2:00 a.m. and 10:00 a.m. ( Code Compliance) 9.4) Food service shall be provided until 2:00 a.m. ( Code Compliance) 9.5) There shall be no dancing on the property unless otherwise permitted under Special Events permits. ( Code Compliance) 9.6) There shall be no dance floor. ( Planning) 9.7) Prior to the issuance of building permits, a queuing plan shall be submitted in accordance with WHMC Sec (D) for the review and approval of the Community Development Director. ( Planning) 9.8) Patrons of the nightclub and restaurant shall not have access to the roof deck. ( Planning) 9.9) The amount of seating shall be retained as presented in the original seating plan and approved by the Director of Community Development. ( Planning) 9.10) The applicant shall post signs of at least 10" x 1 O" at exits to the restaurant and nightclub requesting patrons to respect residents of nearby residential neighborhoods by being quiet when leaving the premises. ( Planning) 9.11) A Designated Driver sign of at least 1 O" x 1 O" must be displayed at all public entrances to the restaurant and nightclub at eye level. The sign shall be worded in a way that reminds patrons who are consuming alcohol to designate a non-drinking driver. ( Planning) 9.12) The management shall install at the inside of all exits, signs advising customers that alcoholic beverages may not be removed from the premises.( Code Compliance) 9.13) All new employees serving alcoholic beverages to patrons shall enroll in and complete a certified training program approved by the State Department of Alcoholic Beverage Control (ABC) for the responsible sales of alcohol. The training shall be offered to new employees on no less than a quarterly basis. ( Planning) 9.14) The management shall not permit any public nuisance in the outdoor lounge area, including but not limited to, unruly behavior by patrons, or any interaction with passersby, which may contribute to unruly behavior on the street. ( Code Compliance) 9.15) The sale of alcohol for consumption off the premises is prohibited. ( Code Compliance) 9.16) All required business licenses shall be obtained and maintained. (_Business License Officer) 9.17) Operations of the new nightclub shall comply with the Noise Control Ordinance of the West Hollywood Municipal Code (Section 4300). (_Code Compliance) 9.18) Owners of the nightclub shall post a sign in a clear and conspicuous location, listing a phone number at which a responsible party may be contacted during all open hours of the establishment to address any concerns of the community regarding activities and noise in the restaurant and parking lot. Said contact person's name and phone number shall also be available through the restaurant staff at all times. ( Code Compliance) 9.19) The applicant shall maintain security services to patrol the premises, monitor the queue of waiting patrons and maintain orderly movement of pedestrians. Prior to Certification of Occupancy, the applicant shall submit a security plan to the Public Safety Administrator for review and approval. (_ Code Compliance)

18 Page 18of ) Nightclub management shall investigate and resolve any complaint of violation of these conditions or any reports of nuisance caused by customers or employees of the restaurant and follow up with the complainant within 24-hours of receiving the information. The restaurant owner, or his/her designee, shall make every effort to eliminate the complaints at the time of the call and shall call the complainant back after the problem has been resolved if the complainant so requests. (_ Planning, Code Compliance) 9.21) If, at the discretion of the Director of Community Development the operation of the nightclub, outdoor lounge area, DJ or live entertainment results in significant off-site noise, the Director of Community Development may modify the conditions of this permit to reduce or eliminate such complaints. ( Planning) 9.22) This permit is to be reviewed by the Planning Commission for compliance at a public hearing one year from the date of approval. ( Planning) APPROVED BY A MOTION OF THE PLANNING COMMISSION ON THIS 18TH DAY OF AUGUST, ATTEST: CHAIRPERSON