CITY OF LOS ANGELES DEPARTMENT OF CITY PLANNING OFFICE OF ZONING ADMINISTRATION

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1 CITY OF LOS ANGELES DEPARTMENT OF CITY PLANNING OFFICE OF ZONING ADMINISTRATION Date: January 19, 2011 To: From: Patrice Latimore Office of the City Clerk Albert Landini Office of Zoning Administration DIR (RV)(PA4) - PLUM REPORT Background On October 29, 2010 the Zoning Administrator acted under Case No. DIR (RV)(PA4) and pursuant to Condition No. 34 of DIR (RV)(PA3) dated May 3, 2007 to determine that the operation of the Tangier Restaurant (formerly known as the Prima Vera Restaurant) located at 2132, 2134, 2138, 2140 and 2144 North Hillhurst Avenue; 4449 and 4453 West Avocado Street has operated in substantial compliance with the terms and conditions set forth in the last determination. The Zoning Administrator retained the prior 35 conditions and added a 36th noting that some of those conditions had been previously modified and some modified in her instant action, and that such modifications were shown in underlined text in the Letter of Determination. That action and the associated Categorical Exemption were appealed by Vicki Yerman, on behalf of herself and the Avocado Townhomes Homeowners Association (Richard Anderson Representative). The appeal was from the entire determination of the Zoning Administrator in her finding that the operation of the Tangier Restaurant (formerly known as the Prima Vera Restaurant) located at 2138 Hillhurst Avenue, has operated in substantial compliance and has modified/retained and/or added to previously imposed conditions. Appeal In their November 12, 2010 statement of appeal, Vicki Yerman, and Richard Anderson reported: The following is a statement of the Conditions we, as aggrieved residents of 4445 and 4437 Avocado Street, between Hillhurst and Commonwealth, and representing the collective residents of Avocado Townhomes at 4437 Avocado Street, living within 500 feet of the above mentioned establishment, appeal the zoning decision delineated in the attached paperwork on grounds that

2 CASE NO. DIR (RV)(PA4) PAGE 2 owner/operator S. Road Dining (Tangier/Korean BBQ) has not met the Conditions of their zoning permit. Below is a list of the Conditions numbered to correspond to the Review of Conditions we received, dated October 29, Photographic Documentation is attached where relevant. Statement on Conditions 11. Hours. Contrary to Condition Number 11, said establishment has been operating an "after hours" club at this address for some months (2am-6am on weekends). Thanks to the intervention of Doug Mensman and the Northeast Vice Squad of the LA Police Department, that activity has just ceased and this has improved conditions to a degree. Pursuant to a highly disturbing vandalism incident that occurred 011 September 26, 2010, in which three automobile windshields were smashed by patrons of the after hours club, it is our sincere hope that the after hours activity will not resume. 20. Noise. According to Condition number 20, during operating hours "all exterior doors and windows shall remain closed in order to reduce any noise impact on the adjacent commercial and residential uses." In fact, the back doors of said establishment are left open and the noise impact is significant, particularly the roar of greeting every new patron which is continuous throughout the night. Loud noise on the street late at night and into the early morning hours has to a large extent ceased with the recent termination of after hours activity. Again, we hope that will not resume. 25. Graffiti. According to Condition number 25, there should be graffiti visible on the premises. Graffiti is visible, not only on the margins of the property, but on a sign mounted in the center of the gate to the parking lot on Avocado Street. See attached photograph. 26. Maintenance. The Property. Condition number 26 requires maintenance of sidewalks, gutter, and parking area, keeping them free of trash and weeds, and sweeping all areas daily. The attached photos reveal that this Condition is not being met. In fact, for as long as we can remember, there has been no maintenance at all up to about one week ago, when there a small effort made to clear the dry brush and prune the overgrown trees. It is clear that this was done only in the moment when compliance was being reviewed. In addition, the fence separating the parking lot from the single-family residence at 4445 Avocado Street is loose on its mounts, leaning, and has never been repaired. 27. Maintenance. Landscaped areas. Condition number 27 requires "operations necessary to assure normal plant growth." Nothing has been planted in those plots fronting on Avocado Street. No re-seeding, no planting, no fertilization, no watering. Nothing has happened. The non-landscaped spaces on the premises are extremely unsightly. This is obvious in the attached photos. 28. Trash. Condition number 28 requires that "open areas devoted to trash

3 CASE NO. DIR (RV)(PA4) PAGE 3 storage or other storage shall not be located adjacent to a residential use or shall be buffered." Again, the attached photographs show that trash and storage of miscellaneous items is concentrated in at least one open area in plain view of residents' condos at 4437 and the single-family residence at 4445 Avocado Street, and fronting on Avocado Street next to Little Dom's restaurant. It was noted that neither of the two appellants, or any other aggrieved party appeared before the PLUM Committee to represent their concerns. Testimony Zoning Administrator. The Zoning Administrator reviewed the prior case history on the property and explained that at the last public hearing held before a Zoning Administrator on July 20, 2009, that while concerns had been raised about the operation of the subject premises, that in general the business operation was determined to be in substantial compliance with previously imposed conditions of operation and said conditions were carried forward and in some instances modified. The Zoning Administrator went on to say, that while all of the issues raised by the appellants were important, that the most critical one was 11. Hours. The Zoning Administrator went on to describe a vandalism action as verbally reported that allegedly involved the throwing of planters through car windows, and that the Office of Zoning Administration had not received any report from the Police substantiating the claim that the vandalism was conducted by patrons of the subject premises. The Zoning Administrator pointed out that two conditions in the underlying action under appeal, Nos. 11 and 34 were important for the PLUM Committee to consider. Those conditions stated: 11. [Amended February 14, 2002] Hours. The hours of operation for the facility shall be limited to 7:30 a.m. to 11 p.m. on Sunday through Thursday and 11 a.m. to 2 a.m. on Friday and Saturday with no service after these hours. No new diners or parties shall be admitted to the restaurant after 12:30 a.m. 34. (MODIFIED) Condition Review. Within six months from the date of this determination, the property owner shall file a Plan Approval application at the Planning Department Public Counter, together with a filing fee pursuant to Section of the Los Angeles Municipal Code, and a mailing list of abutting owners and occupants within 500 feet of the property. A public hearing shall be conducted by the Zoning Administrator to determine the effectiveness of compliance with the conditions herein. Further, the Zoning Administrator stated that it was believed that the Council Office representative would request the PLUM Committee to consider a reduction in the permitted hours of operation on weekends and would request that the subject premises would be required to be closed by 12:00 Midnight on Friday and Saturday, but that such reduced hours could be considered for return to those previously allowed as a part of

4 CASE NO. DIR (RV)(PA4) PAGE 4 the proceedings at the next public hearing on the matter to be held as a part of the Plan Approval review, providing the business was operating in a trouble free manner and that all conditions were being complied with. Council Office Representative. The Council Office representative stated that the Zoning Administrator had correctly stated her point of view. She went on to say that she had not received formal notice of the current PLUM meeting, and that this lack of notice may be an explanation as to why the aggrieved parties who had filed the appeal were not present. Owner/Operator Representative for the Subject Property. The representative stated he had met with the aggrieved parties and others in the neighborhood and that a letter of agreement had been prepared between he and the neighbors stating that he would address the issues described in the statement of appeal submitted to the City by the aggrieved parties. PLUM Committee Action. There was then discussion between the members of the PLUM Committee and the involved parties and as a result of that discussion a motion was made by and seconded by and a vote taken of 2 to 0 in favor to modify Condition No. 11 in accordance with the testimony given by the Council Office representative for the affected area, and that Condition No. 11 would now read as follows: 11. [Amended February 14, 2002] Hours. The hours of operation for the facility shall be limited to 7:30 a.m. to 11 p.m. on Sunday through Thursday and 11 a.m. to 2 a.m. 12:00 Midnight on Friday and Saturday with no service after these hours. No new diners or parties shall be admitted to the restaurant after 12:30 a.m. Further, the PLUM Committee acted to adopt the prior Environmental Clearance granted under Environmental Clearance Case No. ENV CE. Findings. In taking this action the PLUM Committed found that: 1. The requirements for consideration of the application (appeal) under this subsection have been met. An appeal action was duly filed with the Department of City Planning. A public hearing was scheduled, and public notice was made. The City Council office representative spoke on behalf of the aggrieved parties, and also spoke of an received by them from the Los Angeles Police Department from Sgt. Phillips which stated that the premises had most recently been cited on September 30, 2010 for operating after hours and having "buggy bottle. The property owner/operator's representative was given an opportunity to respond and stated he had met with nearby neighbors to address their concerns. 2. Due consideration has been given to the effects of the modification on

5 CASE NO. DIR (RV)(PA4) PAGE 5 surrounding properties. Based on testimony made by the Council Office representative and their statements regarding police actions it was determined that the late night hours of operation should be amended such that weekend hours of operation would be limited to 12:00 Midnight until such time as the next public hearing to be held in association with the required Plan Approval action where later night hours of operation could be considered given proof of compliance with conditions and a trouble free operation. The reduced late night hours of operation were deemed necessary in order to provide the nearby residential property owners with a degree of safety they do not now enjoy as indicated by the described act of vandalism. 3. Environmental Clearance. That the prior Environmental Clearance granted under Environmental Clearance Case No. ENV CE was appropriate in this instance in that the action under consideration was administrative in nature and did not involve the intensification of land use activity or expansion of premises or reduction in parking, or expansion of hours of operation. AJL:lmc cc: Linn K. Wyatt Acting Chief Zoning Administrator