CITY OF WEST HOLLYWOOD COMMUNITY DEVELOPMENT …

CITY OF WEST HOLLYWOOD COMMUNITY DEVELOPMENT DEPARTMENT

CONDITIONS OF APPROVAL

DEVELOPMENT PERMIT 013-014, ADMINISTRATIVE PERMIT 013-014,

MINOR PARKING USE PERMIT 013-013

8933 SANTA MONICA BOULEVARD

SECTION 1. On April 25, 2013, an application was filed by Steve N1•:,derlich on behalf of Dadum Design LLC for a Development Permit, Adminfr:trativ~ Permit, and Minor Parking Use Permit to convert a retail tenant space into a re~'aL.n:int with outdoor dining at 8933 Santa Monica Boulevard. The project also incll>ies ar interior remodel, a minor addition in floor area, and exterior alterations to th~' tac<')Ci<O, 1 o satisfy the parking requirements for the project, the applicant is propos\119 t~·,e u;e of an off-site parking facility and participating in the Parking Credits Prog<alT'. Th·.> application was deemed complete on July 29, 2013.

SECTION 2. Notice of the proposed cos:>:1gt: in use was posted on the site for a period of ten days, beginning on July 19, 2013, a1 ,1 concluding on July 29, 2013. During this period, no comments were received res~rding the request.

SECTION 3. The propored fro)">ct has been determined not to have a significant effect on the environment an;l is categorically exempt from the provisions of CEQA pursuant to Section 1.'i303 (l\ic'f;; Construction or Conversion of Small Structures) of the CEQA Guidelines, whi01-r exempts restaurants that do not involve the use of significant amounts of h<lza1dour substances and do not exceed 10,000 square feet in floor area where all nece'lsa1y public services and facilities are available and the surrounding area is no; envkonmentally sensitive.

SECTI0~:4. 1.1 accordance with Section 19.48.050 of the West Hollywood Municipal C.Jd" th" Director of Community Development of the City of West Hollywood hereby makE;s th;; following findings regarding Development Permit 013-014:

? . The proposed intensification of use is allowed within the Commercial, Community 1 (CC1) Zone, and as conditioned complies with all of the applicable provisions of Article 19-2 of the WHMC. Intensification of use projects are permitted with review and approval of a Development Permit. This application meets all the relevant general standards for property development and the specific standards for commercial development in the WHMC. There are no known Municipal Code violations on the property.

ITEM 10.B. EXHIBIT B

Conditions of Approval DVP 013-014, AP 013-014, MPUP 013-013 8933 Santa Monica Blvd. Page 2 of 15

b. The proposed 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 as the project meets all Zoning Ordinance requirements for restaurant developments in the CC1 Zone and has been designed to accommodate the standards of development reqtlred by the WHMC. For example, the project parking is accommodated m a combination of on-site parking, the use of an off-site parking lot, ana pari<iny credits. Also a construction mitigation plan is required prior to 1sst.!ance of building permits in order to minimize the impact of constn.it;tion ;c:>,lated activities on the surrounding area.

c. The intensification of use and construction is consist~m)~ith the objectives, policies, general land uses, and programs of the Gener11I i?.lt'ln because the General Plan has designated the property withi:J the CC1 Zone, which permits the development of restaurant spaces, 111 ~d<liti1:n1, the proposed use is consistent with several General Plan Gol'l.ls G1\'ldf'olicies. Specifically, LandUse Goal 12 which focuses on the contin,vad."enb.i:tncement of Santa Monica Boulevard West as a destination for nigl tl'ie ard entertainment, a focus of the LGBT community, and a cento( for nfighborhood-serving retail and restaurant." Additionally, Policy i .. ,lJ 1.5 "encourages the retention and success of existing, and the inr;ubatic~ of new, commercial establishments that serve the needs of resiclentS :

d. The proposed project !::i c&:np<7tible with the scale, bulk and mass of the existing commercial srrv,c.:tur~\;3 in the vicinity of the subject property. The project location iS, .. <:ln inter1q~·iot along a commercial street lined with one- and two-story comm?{r~ii'Jbuildings. These buildings vary in age and architectural style. The prq~osed f!roject's design is somewhat modern in style and its overall bulk is bt0?k.en into different volumes: a recessed entry, a storefront system vvith \\NO lfcrge metal and glass roll doors. These architectural features are c!Jsignild to complement existing structures without duplicating a panici. l,ar anthitectural style. The massing is further articulated by a range of warm c.clors and materials: stucco, steel and brick in greys, bronzes and brcwns Therefore, the proposed development does not impair the integrity io'l'1d character of the zoning district in which it is located.

$ECTION 5. In accordance with Section 19.44.060 of the West Hollywood Mt:cn!\"i.pal Code, the Director of Community Development of the City of West Hollywood i 'ereby makes the following findings regarding Administrative Permit 013-014:

a. The proposed facade remodel and outdoor dining is allowed by Article 19-2 (Zoning Districts and Allowable Uses) within the applicable zoning district with Administrative Permit approval, and complies with all other applicable provisions of this Zoning Ordinance and the Municipal Code. The proposed

Conditions of Approval DVP 013-014, AP 013-014, MPUP 013-013 8933 Santa Monica Blvd. Page 3of15

facade remodel is consistent with the City's Commercial Design Guidelines in the Zoning Code as it complements existing structures while providing a sense of human scale and proportion. It is designed with entry conditions and building materials that attract pedestrian activity. The proposed outdoor dining area, as designed and/or conditioned, is consistent with Secti.nn 19.36.210 Outdoor Dining, with respect to adequate parking, consistenr.y of outdoor dining facilities with the overall design of the project, and provisicn of landscape features.

b. The proposed remodel will create a distinctive and innovative :-lining venue that will draw local area workers, residents, and visitors. The "~designed facade and new outdoor dining area will improve the pedestr.an e:.<perience. The proposed use will increase tourism on Santa Monica Boulevard which will generate additional tax revenues to benefit the comr•1.h1ify <;nrithe entire City. As proposed, the project is consistent with the oliectives, policies, general land uses, and programs of the General Plan bvcau.a~ .the General Plan has designated the subject property as a CC1 ;;.one, which permits restaurant, personal service, and retail developmentf, such a-: the proposed project. It also encourages commercial uses, like re;;t!lurants, that cater to the needs of area office workers. Furthermore, thi.J GitY·> r'.lcently adopted General Plan (September 2011) provides explicit •;!Oli.;~21'\ that encourage new development such as the proposed project since it ~rovides for the expansion of hospitality uses that provide economic bw1efit to the City (LU-1.21) and enhance pedestrian activity by incorpo~?tli1g c1esign treatments that create an attractive street frontage (LU-4.6) A.7JO•i!J many other goals in the General Plan, the proposed project will hc!o em.ance Santa Monica Boulevard as a destination for nightlife and entertairi;ri~Ht, and a center for neighborhood-serving retail and restaurants.

c. The proposed 1-rojcc: 1s compatible with the design, scale, bulk and mass of existing ~trv-:turer in the vicinity of the subject property. Located along Santa Monie?. i:\cule·:.,,,;d are many other fine food restaurants, entertainment, and hospi.ality tses. The proposed project does not impair the integrity and ch<>:ac<." rt the zoning district in which it is located and will add to the mix of re•'tau: ant, entertainment, and hospitality services available on Santa Monica Bodevard. The proposed project will enhance the character of this commercial area and the restaurant will serve the needs of local business reople, shoppers and residents.

SECTION 6. In accordance with Section 19.56.050 of the West Hollywood lvi:micipal Code (Parking Use Permits), the Director of Community Development of the City of West Hollywood makes the following findings regarding Minor Parking Use Permit 013-013:


a. The use of off-site parking at 657 La Peer Drive ("J.J. Custom Upholstery") for the proposed restaurant is allowed within the CC2 Zoning District with parking use permit approval. As conditioned, the off-site parking use complies with all of the applicable provisions and intent of Article 19-2 of the WHMC. This proposal is for the use of three off-site parking spaces at a location w;+h parking spaces available to share during non-business hours. There an no known current Municipal Code violations on the property and any known violations have been abated.

b. The proposed off-site parking spaces will be consistent with tit~ objectives, policies, general land uses, and programs of the General. Plan .\iecause it encourages the continuation of existing parking facilities whici; ser'i/e and are integrated with the city's land uses. This project meets these objectives by providing off-street parking for a proposed restaDrailt;tf\bs 'ininimizing the need for on-street parking in the area. The propose':! projl'ct would not impair the City of West Hollywood from achieving tl)t9'9oa1s. policies, general land uses, and programs of the General Plan.

c. The number of excess spaces at 657 9eer Drive between the hours of 8AM to 2AM has been validated. The'reis C! .. •n·ently no business operating on the site and a total of 29 parking'fl!>rii:'cl> on the lot. A total of 1 O parking spaces are required for other neighl'.·pring businesses, leaving 19 excess parking spaces available to shar(i euring the requested hours. The use of the parking location will not advers+~ly affect nearby residents or properties, given that both locations are 1,<:itfilH13'r~asonable walking distance from each other.

. .

SECTION 7. Pursuart to ~~r above findings, the Community Development Director hereby approves pe~~lqpment Permit 013-014, Administrative Permit 013-014, and Minor Parking Use pennft 01<3-013 subject to the following conditions:

CONTENTS:

1.0 Legal Reqvkeirc13nts 2.0 Project D.,•sc:i9ti.:w .. 3.0 Fees 4.0 Constz:y::tioh Phase 5.0 i;11,;1di~g ar11Ji3afety/Engineering 6.0 tanr';caping 7, '.' D• <ign r:;equirements 8.0· Ou!tV.·Jr Dining 9 . .J GUid Waste and Recycling m,o Transportation, Parking and Circulation 11 iJ Operations

Conditions of Approval DVP 013-014. AP 013-014, MPUP 013-013 8933 Santa Monica Blvd. Page5of15

1.0 LEGAL REQUIREMENTS

1.1) This permit shall not be effective for any purpose unless within 90 days of the approval of this permit 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 propP"'v owner is a corporation, then an officer of the corporation duly authorized to bind the corpo: :;lion shall sign the acceptance affidavit. ( __ Planning)

1.2) If any provision of this permit is held or declared by a court of competent jurisdiction ;o be " 'Jalid and such invalidation would result in a material change to the obligations of ur th1 beneiits accruing to either the City or the applicant hereunder, the Director may declare 0,e per1:A to be void and the privileges granted hereunder to have lapsed. ( __ Planning)

1.3) Approval of this permit shall expire twenty-foyr (24) months from the date ot qiJroval by the Director, unless significant construction or improvements or the use .Juthor!zed hereby has commenced or an extension of the permit has been granted. One or mc'e <>:tansions of time for use inauguration may be requested. No extension shall be consinered udess requested at least 30 days prior to the expiration date. ( __ Planning)

1.4) The applicant shall defend, indemnify and hold harmleS'· th<> City ?ld its agents, employees and officers from any claim, action, or proceeding against.tne City ce '!$agents, employees or officers to attack, set aside, or void any this resolution or aro·; r;,rmi! authorized hereby for the project, including (without limitation) reimbursing the City•;• :·ctu,J "''orneys fees and costs in defense of the Litigation. ( __ Planning)

1.5) In the event that the applicant violates or ·:.>ils to cv.1ply with any of the conditions of approval of this permit, the City may take measures L. cure such violations, including but not limited to, revocation of this permit. The applica, • 'i1all L3 required to reimburse the City fully for its costs and expenses. including but not '"'"'".; k. attorney's fees, in undertaking such corrective action. Reimbursement of enforcemenn costs ichaii constitute a civil debt and may be collected by any means permitted by law. In the e\.)nt th:1t violations of this permit occur, the City shall refrain from issuing further permits, licenses or •<'.i1er approvals until such violation has been fully remedied. (..____ Planning)

1.6) Plans submitted to tk. D•?•:;tment of Building and Safety, for the purpose of processing a building permit ai'Plicatitn1 shall include all of the Conditions of Approval herein attached as a cover sheet, ?t:d sh::!) innide any modifications or notations required herein.

2.1) r•i5 ap;1rova1 permits the conversion of existing retail space into a restaurant at 8933 Santa Marne~ ~·oulevard. The project includes interior and exterior (fa<;;ade) remodel, a 269-square-foot 1bdition at the rear of the building, and the creation of an outdoor dining area. In total, the new restsorant will be 2,680 square feet in size with a 375-square-foot outdoor dining area in the v olic-right-of-way. To accommodate off-street parking requirements, the project shall use off-site ;iarking, and parking credits. Off-site parking shall be located at 657 La Peer Drive.

2.<:1 This approval is for those plans date stamped August 22, 2013, which are those plans reviewed and approved by the Community Development Department. 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)

Conditions of Approval DVP 013-014, AP 013-014, MPUP 013-013 8933 Santa Monica Blvd. Page6of15

3.0

3.1)

3.2)

3.3)

3.4)

3.5)

4.0

4.1)

4.2)

4.3)

4.4)

4.5)--

Prior to the issuance of building permits, the applicant shall pay Engineering Plan Check Fees. This includes, but may not be limited to, fee for the review of off-site grading plans, street improvement plans, construction mitigation, landscaping plans, dedication plans, and parcel, tentative, and final tract maps. In the event the fee schedule is revised by the City Council, all ff><><> shall be recalculated so that they are based on the revised fee schedule in effect at the/Cime building permits are obtained. (_Engineering)

Prior to the issuance of building permits, the applicant shall pay Environmental S.i!fvices Plan Check Fees. This includes, but may not be limited to, fee for the review stor"!l watc:;r polluuon prevention plans and recycling plans for construction/demolition. In the event the f!Je sci>1dule is revised by the City Council, all fees shall be recalculated so that they are bas~d on th%'! revised fee schedule in effect at the time building permits are obtained. ( __ Environmer ·~1 Se•vices)

One percent (1%) of the total building valuation shall be alloel!~~d 1;?r the:; acquisition and permanent installation of art on the project site, as approved by tt>rFim.rArr·'/\dvisory Board; or, an in-lieu fee in the amount of 1 % of the total building valuabtm shalt be paid to the Public Beautification Trust Fund. If the in-lieu fee option is chosen it cbalfi:.·l!pa'il prior to the issuance of building permits. (_Art Liaison)

Prior to the issuance of building permits, the applicar)Vsha)I pa'/•:;ii•Waste Water Mitigation Fee of $75 for each net sewage unit to offset any net increas!UG waste water outflow. ( __ CHPP)

Prior to the issuance of building permits, the tnplic•6.1'\ ~hall pay the Los Angeles Unified School District Developer Fees. ( __ B&S)

CONSTRUCTION PHASE

A laminated copy of the condi<\'lns of<~1pproval shall be posted on-site during the construction phase. ( __ B&S)

Vehicles hauling dirt or·,bt~~' ,oenstruction debris from the site shall cover any open load with a tarpaulin or other sec;1re<;0veri,r;g to minimize dust emissions. (_Code Compliance)

In the event of ·~1.;t. emei;~ency or disaster, the applicant, or any of the project contractors or subcontract~"'<, mha;C.~lllJW the City to use any heavy equipment associated with the project for the purpose of.<1ssistirnJ in emergency or disaster relief efforts. ( Public Safety, B&S)

A sigr·. sr.Jll b•? p0sted on the site indicating the name and telephone number of a representative of the .. app'!cant/owner where complaints can be directed during the construction phase. b. _(;'ode Compliance/Building & Safely)

t, construction period mitigation plan shall be prepared by the applicant and submitted to the Buil:fing Official, City Engineer and the Director of Community for approval, prior to issuance of a ••;ilding permit. As applicable, this plan shall:

a) Specify the names, addresses, telephone numbers and business license numbers of all contractors, subcontractors, the developer and the architect.

b) List a designated on-site construction manager, with 24-hour contact information to be used only in case of emergency. Install construction sign.

c) Describe how demolition of any existing structures is to be accomplished, equipment to used, and placement of construction debris.


4.6)

4.7)

4.8)

4.9)

4.10)

d) Designate the permitted waste haulers and recyclers and include the construction period disposal and recycling plan.

e) Indicate where any cranes are to be located for erection and construction. f) Describe how much of the public street, alleyway, or sidewalk is proposed to be used in

conjunction with construction. g) Set forth the extent and nature of any pile-driving operations. h) Describe the length and number of any tiebacks which must extend under the propf. fY of

other persons. i) Provide a drainage plan and describe all BMPs (best management practices) th&. Wh• 'l<>

used to prevent construction debris from entering the storm drain system. j) Specify the nature and extent of any dewatering and its effect on any adjaoont bi•iJdings. k) Describe anticipated construction-related truck routes, number of truck •rips, 1;c,urs of

hauling and parking locations. Attach a site map if necessary. I) Specify the nature and extent of any helicopter hauling. m) State whether any construction activity beyond normally permitt<<l hours 1> ;;.oposed. n) Describe any proposed construction noise mitigation measures o) Describe construction-period security measures includi•g ar.y focdng, lighting, and

security personnel. p) Provide a construction-period parking plan which stJc!: ·nir.:.'JiJ::f'. JSe of public streets for

parking. Describe where workers will park, efforts to carr·-~l to the job site. ( __ B&S, Engineering, Code Compliance)

There shall be an on-site construction manager ~t~:.ent :it all times during construction. ( __ B&S)

Mobile food service vendors shall only be pero:Jtted to visit the construction site during the permitted hours of construction activities. ( __ C'-'de Compliance)

Sidewalks and streets shall be kept cit''·' and ,iassable during all phases of construction, to the satisfaction of the City Enginee1. "eri.,•orary sidewalks shall be constructed, or alternative passage for pedestrians shall (;!'! provreed based on construction, should the existing sidewalk need to be closed during'construcLqn. ( __ Engineering)

During any demolition a• 1d p11w fOnstruction, the site shall be maintained in a safe manner so as not to threaten the ;.!lJbi,;.; nealtn, safety, or general welfare. ( __ Code Compliance, B&S, Engineering)

The Contract:>; ';h&,' rer;'Jce the discharge of pollutants in storm water runoff to the maximum extent prarncable 'ly the effective implementation of appropriate Best Management Practices, includin!], b ·t not linited to:

a) Sp1.-.1. and leaks must be deaned up immediately. h) lehicles and equipment must be refueled in a designated area. c) '·"'hicles 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.(_ Code Compliance, Environmental Services)

4.11) During the construction phase, the contractor shall employ best management practices consistent with the National Pollutant Discharge Elimination System Permit for the purposes of control!•~." wet weather erosion and off site sedimentation at the project site. (_ Code Compliance, S&S, Environmental Services)

5.0 BUILDING AND SAFETY/ENGINEERING

5.1) All structures shall conform to the requirements of the City of West Hollywood Build1rq and Safety Division. (_B&S)

5.2) The project shall be developed and maintained in compliance with re;i,•1ire11•ents of the Los Angeles County Health Department. Adequate water and sewag., facm(!e&::.nall be provided to the satisfaction of the Health Department. ( __ B&S)

5.3) An Encroachment Permit must be approved by the City Enifii.n.e!'tf'ior to commencement of any activities affecting the public right-of-way. Prior to issy•nce of e!"'•;h Encroachment Permit, the applicant shall submit to the satisfaction of the Citi• Engineer µians and details regarding the scope activities covered by the Encroachment Permit: ,;i'hesr• activities may include, but not be limited to:

5.4)

5.5)

5.7)

a. Excavation - staging of haul trucks, hauf1,1utes, site clean up b. Bins - dumpsters, haul trucks c. Office - construction office in publi11 i 4;ht of way d. Material Deliveries e. Material Storage .. /' ' · ... .,, f. Concrete Pours - stagifr] of tru.S'.<s, clean out, clean up g. Worker Parking h. Construction Eq~';i;;ment - cr;:ile, gunite equipment, scaffolding, etc. i. Traffic and Ped1,istri"!?"•l:~anagement Safety Plan at Project j. Public lmpro"•~meiits, $idewalk, Curb, Gutter, Driveways( Engineering)

All work within fr,;," road\ight-of-way shall be designed to the satisfaction of the City Engineer (including bt~!•nt)!iifc\t~:f to curb, gutter, sidewalk, driveways, parkway drains, and street tree locations).:( __ . ;.Engineering)

Any b,·or<r:~, d.s:n<lged, uplifted, uneven, cracked, concrete curbs, gutters, and sidewalks along the pre: ?erty frontage or alley along the property shall be replaced prior to the issuance of the C~;'\ifica:e of Occupancy. Areas for repair will be marked by the City Engineer or his/her designee. (_ __ ui:gineering)

Dra'•1age of storm water from the subject property shall be disposed of under the sidewalks in a r: ;,inner 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. ( __ Engineering)

All utility systems shall meet the requirements of the respective agency. (_Engineering)


5.8) Prior to issuance of Building Permits or any Demolition Permit for the subject project, the applicant shall submit to the satisfaction of the City Engineer a plan for placement of any dumpsters, bins, stockpiles, construction equipment or any other items which will impact the public right-of-way. (_Engineering)

5.9) A General NPDES (National Pollutant Discharge Elimination System) Permit may be requirer! ~,, the State of California Regional Water Quality Control Board (RWQCB) for discharge of c 1-site groundwater (pumped from subterranean areas) to the public storm drain system. It . • the applicant's responsibility to confer with the RWQCB regarding NPDES compliance far ;he c"e (_Engineering)

5.10) The structure(s) shall be equipped with ultra low flush toilets. If showe• • are ,:resent, showerheads shall not exceed 2.5 gallons per minute flow. ( __ B&S)

5.11) Prior to the issuance of Building Permits, plans and supporting informc-'ion must :;., submitted to and approved by the Environmental Services Specialist prior to perfnrmcg an·. operation which will disturb or expose soil, as follows:( __ Environmental Servic<:s)

a) For sites involving less than 1 acre of disturbed arf'r. 3n ''.°11.Vne. s Certification must be prepared. For sites on hillsides, or those with at li•ast 1 •>ere of disturbed area a Local Storm Water Pollution Prevention Plan (!.SWt'PP) nust be prepared. ( __ Environmental Services)

b) For sites with more than 1 acre of disl>:roti ar :a a Storm Water Pollution Prevention Plan (SWPPP) must be prepared a.•1 tr,. ():mrractor must provide evidence to the Building and Safety Division that a No•L·:e of Intent (NOi) has been submitted to the appropriate State agency. (_ ti.nvironm<·ntal Services)

c) If construction will be carried u• bn tt.:. project between October 1 and April 15, a Wet Weather Erosion Contrc•, , ';in must be prepared. The preparation, submittal and adherence to all City requirej!1ents are the responsibility of the Contractor. (_ Environmental Services)

5.12) A Standard Urban Stor·o~tl'' Mitigation Plan (SUSMP) must be incorporated into the project design and will requ'•e ;,. aetak;d review and approval by the City prior to the issuance of the building permits. Thi-.• p:'' must specify the various infrastructure components and Best Management Pr<'.1lices \:,MPs) for the project post construction which will control/prevent nonstorm water r%1:!)a1.;\'!s. '.,USMP is required for the following:

a) De.elopm1>1t of 10 or more unit homes, including multiple family homes, condominiums, ~Jart;'"""-~r:~$, etc.

b) lnd<.;;trial or commercial development with 1 acre of more of impervious surface c) !\utomotive Repair Shops o) • etail Gasoline Outlets e) Restaurant ', Parking lots of 5000 square feet or more or with 25 or more parking spaces and

potentially exposed to storm water runoff. g) Redevelopment Projects - land disturbing activity that results in the creation, addition or

replacement of 5000 square feet or more of impervious surface area on an already developed site.

h) Any project located in, adjacent to or discharging directly to an Environmentally Sensitive Area AND creates 2500 square feet or more of impervious surface area.

( __ Environmental Services)


6.0 LANDSCAPING

6.1) Prior to issuance of a building permit, final landscape and irrigation plans and specifications consistent with the standards set forth in the Zoning Code and design guidelines shall be submitted for review and approval by the Director of Community Development. ( __ Planning)

6.2) The applicant shall submit fully dimensioned plans showing the appropriate street,;cape improvements as required by the Landscape and Building Maintenance Division. These ;~lans shall be approved by the same division prior to the issuance of buildin"' verrn ''~ (_Landscape Division)

6.3) Outdoor dining, plazas and walkways shall be visually attractive, usable and ae.essibk· by the public and incorporate extensive landscape, street furniture and pedestria~,orien!ie1 amenities. ( __ CHPP, Engineering)

6.4) All landscaping and planting within paved areas shall be contained ;'ftl:>in if, cur~ed area or planter box, planted island, and other containers which are designed s:i as ;;ot :-:ycreate hazards or hinder drainage. ( __ Planning, Engineering)

6.5) All landscaping and planting areas shall be cqntinually m'.iin\"'' v:;d in good condttion and kept watered, cleaned and weeded. Dead or dying plant !"aterlal sh~'! be replaced. This shall be consistent with the approved landscape plan for. proi<?cts<wt\ich have an approved plan. Landscape and hardscape areas shall be kept free.of 1:?;;11 an<' debris. ( __ Code Compliance)

6.6) The Elm street trees within the PROW in fron!o'Jf th{ ·"·•,ibiect site will need to be retained. A 6-foot high protective fencing will need to be installed afiiund the trees to protect it during construction. No trimming of any kind to be done on k1.e tree, i?nd no root trimming of any kind to be done without first contacting Kevin Trudeau, at 32~. i'~8-633g. No piling of construction debris on or near the tree. ( __ Landscape Division)

7.0 DESIGN REQUIREMENTS

7.1) Mechanical equipment d~d Lrtili\!es shall be architecturally screened from view. (_Planning)

7.2) All signs must be apprlivediiii'ough a separate permit. ~--Planning).

7.3) Glass on th<C f:l·,,,qd1:. 'II •ind near the street level shall be clear and untinted. Mirrored, tinted or reflective J)lass •hall not be used except as an architectural or decorative element. ( __ .,,..J;planniltg)

7.4) Entriet•. intC:h.commercial structures from primary commercial frontages must remain functional 6\;'ciP.s, 1nd may not be locked or closed to entry during business hours or be blocked by physical obstru0ibns on the interior or exterior of the building. ( Planning)

7 31 The project shall comply with green building requirements in Zoning Ordinance Section 19.20.060. \_· _Planning)

8.0 OUTDOOR DINING

8.1) Landscaping of the outdoor dining areas 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)

Conditions of Approval DVP 013·014, AP 013-014, MPUP 013·013 8933 Santa Monica Blvd. Page 11of15

8.2) Outdoor dining shall be developed in accordance with the approved site plan on file in the City Planning Division, which indicates total square footage, location and maximum seating capacity for the outdoor dining areas. See Outdoor Dining - Section 19.36.210 of Zoning Ordinance. ( __ Planning)

8.3) In order to reduce runoff into the storm drains and meet the requirements of the City's Nati<'~"' Pollution Discharge Elimination System (NPDES) permit, the applicant shall comply wit 1 the following conditions:

a) The pavement of the outdoor dining area shall not be hosed down. Instead, '.••e are;, 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 pen• ftted. d) Once a NPDES educational site visit is conducted by the City's NPDES c0L1>1Jltant, it shall

be the owner/manager's responsibility to train all employees .a~d tc oost .M make available on-site educational material geared toward employees on s'orm •<afo · pollution prevention methods.

___ Code Compliance, Environmental Services)

8.4) Lighting in the outdoor dining areas shall be so arrangecl·;o prevent •Jlare to pedestrians, cars, and adjacent buildings. (_Planning)

8.5) There shall be no amplified sound or music in th,ioudov.dinmg area in the PROW. (_Code Compliance)

8.6) All applicable provisions of Title 7 Chapte1 7.04 of Aticle V (Health Code) shall be observed in all areas of food service. ( __ Code Complii!l\(13)

8.7) All awnings shall conform to the Bv,;IJ,r,,, Ct•de requirements for roof coverings. (_B&S)

8.8) If any portion of the outdoor a:-'_ing !.lrea is to be located within a public right-of-way, the entitlement to use the ar'"l for out.:,or dining shall only be valid as long as an encroachment permit, approved and •evQC"J~le by the Department of Transportation and Public Works, is obtained and renewed anuually ( __ Engineering)

8.9) The outdoor din• ig areb and adjacent public right-of-way shall be maintained free of debris. ( Cooc Con'.;,Jiar·"e)

8.10) Persons wr:, disab,;ities must have access to the outdoor dining area.( __ Code Compliance)

8.11) Restat,ant .nanagement shall not permit any public nuisance in the outdoor dining area, including ~"~· not limited to, unruly behavior by patrons, or any interaction with passersby, which may contni>~'• to unruly behavior on the street, or in the parking lot. ( __ Code Compliance)

R 12) Thp.;.iutdoor dining shall be closed between the hours of 2 a.m. to 10 a.m. daily. (_Planning, ;,;:.de Compliance)

9.0 SOLID WASTE AND RECYCLING

9.1) The project shall be designed to meet the requirements for solid waste storage as shown in Table 3-4, Non-Residential Project Storage Requirements, Zoning Ordinance - Section 19.20.180, and constructed according to the Director's approval. Environmental Services)


9.2) Solid waste and recyclable materials storage areas shall be conveniently located as follows:

9.3)

9.4)

9.5)

9.6)

9.7)

a) Multiple storage areas shall be located adjacent to, or near one another, or combined. b) Must be located inside a specially designated structure or on the outside of a structure in

an approved fence or wall enclosure. an interior courtyard area or in the rear or interio1 side yards.

c) Exterior storage areas shall not be located in a required front yard, street side. yard, parking space, landscaped, or open space areas.

d) Storage areas shall be accessible to employees at all times. e) Driveways and aisles shall provide unobstructed access for collection /!3hicle£ and

personnel with at least the minimum clearance required by the collection me~hods and vehicles utilized by the designated collector. · ( Environmental Services)

Prior to issuance of the Demolition Permit, the applicant shall subr.nit to th& Environmental Services Coordinator a Demolition and Construction Debris Recycli~.o f"_lal'\whi_('h indicates where select demolition debris is to be sent for recycling. To the ,rrlaxlr1•Hm>1fixtent possible, all demolition debris and construction waste must be recycled. The P\an will tie subject to review and approval by the City. The plan shall list the material to be ~"'"t~le•',':l~rl. the name, address, and phone number of the facility or organization that will accept·c.h~p·;~9rials. For a list of companies that accept demolition debris, contact Environmentat;.Serv1ces .'lat (323) 848-6404. (, __ _ Environmental Services)

Demolition debris is to be hauled away only by r1ha,1lerp~?+riitted to operate in West Hollywood. For a list of permitted haulers, contact the Em•ronr: 1 0~•,.1 Services Specialist at (323) 848-6404. ( Environmental Services) ·

Prior to approval of the Final Inspection, t~r ,;,pplicant shall submit to the Environmental Services Coordinator recycling manifests fro~ al:Hspos"I sites, recycling sites and landfills that accepted demolition, excavation and/or gen'>'tifr'B()Of·truction waste and recycled materials from this site.

Any restaurant or food service buSJ•c~s~ivill need to comply with appropriate County of Los Angeles industrial waste requirenwnt% and thefshall be a part of the City of West Hollywood's Food Waste Program provided by the'.Ci!I{.~ ~nchised waste hauler. (__Engineering, Environmental)

To mitigate solid wasttb.:mpi?;(~, PRIOR TO APPROVAL OF THE FINAL INSPECTION, permitee shall submit a f<'~~.t col\·Jtruction recycling plan to the Environmental Services Specialist for approval. Th/' !·syci1n_9 ~rian shall include:

a) Thr, name-of a recycler who has permits to operate within the City; b) A lc:t of m~;;erials such as white paper, computer paper, metal cans, cardboard and glass

((':be irrJcled; c) The·l)umber and location of recycling containers; ,<J) J'he name or the position/title of an employee who shall serve as the designated recycling

c.,ordinator; e) A description of the nature and extent of internal and external pick-up service; '1 A pick-up schedule; g) A plan to inform tenants/occupants of service. h) The location of a secure trash enclosure or locking containers to prevent scavenging. ( Environmental Services)


10.0 TRANSPORTATION. PARKING AND CIRCULATION

10.1) The site contains a total of 6 parking spaces in a surface parking lot behind the building at 8933 Santa Monica Boulevard. The following table indicates the amount of parking required for the uses:

8933SMB Size Parking Ratio

Restaurant (new) 2,680 sq. ft 9.0/1,000

Retail to Restaurant -2, 680 sq. ft. 3.511,000

credit Outdoor Dining areas

375 sq. fl. 9.011,000 (new)

Loss of one space due to water heater enclosure

Total parking spaces provided at off-site location

Parking spaces via parking credits program

Total parking spaces provided

"0ta1

16

19

Parking Requiref'

24.1.2

19 · 1 - 19 (round down)

10.2) Sixteen (16) parking spaces shall be providec; ~hrq••(;~ narticipation in the City's Parking Credits Program. In the event that the required sixteen ('r:i.1 parking credits are not maintained, the owner shall obtain alternative off-site parking thrc.:nh the 1.oca of a Parking Use Perm ii. Failure to provide required off-street parking shall be grounr'i, for revocation of this development permit. ( __ CHPP, Parking)

10.3) The applicant shall maintain a V:':Jtinuon lease agreement for 3 off-site parking spaces at 657 La Peer Drive. Proof of off-site pan)ng •:.ase agreement shall be submitted to the Community Development Departmeo~ itnnually '" the time of the renewal of the Valet Parking Business License. ( Planning)

10.4) The permitlee (applica1;:l s::.:.•: notify the City within thirty (30) days of any change of ownership or use of the propeic;o' at 651. La Peer Drive and of any termination or change of terms of the off-site parking leas~ ""'"erci;m! ,hat affects the availability of the 3 parking spaces.( __ Planning)

10.5) All valet so.•ging end operations shall be conducted in accordance with the valet parking opera"on: _l i:? ':..1et or parking attendant's stand for vehicle drop-off and pick-up shall be located in an a;aa a;.Q in a manner approved by the Public Works Department. (_Code Compliance)

10.6) Prior Iv \.suance of Building Permits, the applicant shall submit a parking operations plan to the l •,ng-Range and Mobility Planning Division for review and approval. The plan shall specify the type. <ind location of access control that will be used, rates charged for parking if any, method of vyment 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. ( __ Parking, LRMP)

10.7) The applicant shall obtain a valet parking business license prior to commencement of any business activity.

10.8) The surface parking lot and off-site parking facility shall require a full-time parking valet or attendant during all hours of operation ( __ Code Compliance)

Conditions of Approval DVP 013-014, AP 013-014, MPUP 013-013 8933 Santa Monica Blvd. · Page 14of15

10.9) The operation of the surface parking lot shall comply with the City's Noise Ordinance, chapter 9.08 in the Municipal Code. ( __ Code Compliance)

10.10) No commercial parking permits will be granted to the occupants or owners of the project.(_ Parking)

10.11) Prior to approval of the final inspection, the applicant shall develop a management and us~ plan for delivery vehicles, for approval by the Director of Transportation and Public Works. Thr 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 ( __ LRMP)

10.12) Off-site parking operations shall not interfere with the public right-of-way.( Code C~ •,pliance)

10.13) The on-site and off-s~e parking lots shall be maintained in a·;ilean s~:,,,•iary and litter-free condition at all times. Removal of dirt, debris, and trash sh:,111 occ(•r on a regular basis. ( __ Code Compliance)

10.14) The applicant shall include in all leases a clause, the C~J~fenioHd fdfm of which must be approved by the Director that binds all tenants to these conditiop.:; of aoprcYcti. ( __ LRMP)

10.15)

11.0

11.1)

11.2)

11.3)

11.4)

11.5)

Vehicles belonging to independent contractors, ~ulic··::>nfr".;tccts, and/or employees who are doing construction or renovations to a residence req;_•ire;;:~ ~.~croachment permit to park on the street for specific periods of time. An encroachment pe··;11it requires at least 72 hours advance planning in a residential zone to ensure there &Ee no c&:,flicts with other work being performed on neighboring properties or public str~:ts. J'·"<?h vehicles are prohibited from using residential, guest, and/or visitor parking permits. (__; ·'-- P.:rking)

OPERATIONS

The business shall use VVe~t.M!lllywood as their business address on all stationery, advertisements, and business identifit';)tion mate!·:als. (_Planning, Economic Development)

All required busif·,::ss licen.ses shall be obtained and maintained. (_Business License Officer)

All tenants !Jlld op·;r~t6rs shall comply with smoking regulations set forth by the State of California and the Cit;; of We·it Hollywood. ( Code Compliance)

lnforrri:;Jtiorr;13garding the availability of off-site parking at the City's parking structure on San Vi~nte· . Boulevard shall be provided on the restaurant's official website, if applicable. (_FY•:mning, Economic Development)

Op!?·ations of the restaurant shall comply with the Noise Control Ordinance of the West Hollywood ;.,,unicipal Code at all times. (_Code Compliance)

, '. 6) No loitering is permitted in front of the restaurant cir in the parking lot. ._ __ Code Compliance)

11.7) Prior to the commencement of activities authorized by this permit, the restaurant operator shall ensure that proper trash service for the subject establishment complies with the requirements of the City's Environmental Services Division. ( __ Environmental Services)


11.8) The applicant shall obtain a business tax certificate prior to commencement of any business activity. ( __ Code Compliance)

11.9) If, at the discretion of the Director of Community Development the operation of the restaurant results in significant off-site noise, the Director of Community Development may modify th~ conditions of this permit to reduce or eliminate such complaints. ( __ Planning)

11.10) Any interior sound amplifying equipment shall be directed towards patrons and away fro.-1 the adjacent properties in order to minimize the possibility of sound being plainly audible 'le,'.lnL !n" property line. Speaker placement shall be approved by the Community Development .. 1irecto: The amplified sound shall be in compliance with all applicable provisions of Section 1S.20.'~90 (Nuise Mitigation) and Chapter 9.08 (Noise Control Ordinance) of the City of West Holi1yood i,'· micipal Code. Planning & Code Compliance)

11.11) All doors at secondary and emergency exits not oriented toward co·'lmercia1 ~.;eets shall be closed by 10:00 P.M. except during bona fide emergencies. L_ PlanrnL~)

11.12) All patrons shall exit the establishment by 2:00 a.m. daily. L_Code Co ·1pliance)

11. 13) The property and all areas within at least 100 feet of the fa 1lity 0 : oJI be free of any waste or litter generated by the facility, by 7:00 a.m. following e?•>h fol)ht ri operation. ( Code Compliance)

11.14) The table below indicates the hours of operatior o• 'he _,fr:1or restaurant area, and the outdoor dining area:

Restaurant Dining Permitted Hours (Interior and outdoor dining area)

( __ Code Compliance)

10:00 am to 2:00 am daily .

APPROVED ON THIS 2ih DAY OF AUGUST, 2013.

"J ADRIAN GALLO ASSOCIATE PLANNER

COMMUNITY DEVELOPMENT DEPARTMENT

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