appeal application - City Clerk Internet Site - City of Los Angeles

appeal application - City Clerk Internet Site - City of Los Angeles

is Application: APPEAL APPLICATION This application is to be used for any appeals authorized by the Los Angeles Municipal Code (LAMC) for discretion...

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is Application:

APPEAL APPLICATION

This application is to be used for any appeals authorized by the Los Angeles Municipal Code (LAMC) for discretionary actions administered by the Department of City Planning.

1.

APPELLANT BODY/CASE INFORMATION Appellant Body: D Area Planning Commission

D City Planning Commission

D City Council

0 Director of Planning

Regarding Case Number: DIR 2015-3461 (RV)______________________ Project Address: 6757 West Hollywood Boulevard, Hollywood, CA 90028 Final Date to Appeal: 01/04/2016__________________________________ Type of Appeal:

D Appeal by Applicant 0 Appeal by a person, other than the applicant, claiming to be aggrieved D Appeal from a determination made by the Department of Building and Safety

2.

APPELLANT INFORMATION Appellant's name (print): Top Gun Nightlife Group, Inc., dba Cashmere Nightclub aka The Day After Nightclub Company: Cashmere Nightclub aka The Day After Nightclub__________________________________________ Mailing Address: 6757 West Hollywood Boulevard___________________________________________________ City: Hollywood__________ Telephone: (323) 638-0429 •

3.

E-mail: [email protected]

Is the appeal being filed on your behalf or on behalf of another party, organization or company? 0 Self



Zip: 90028

State: CA

D Other:

Is the appeal being filed to support the original applicant’s position?

D Yes

0 No

REPRESENTATIVE/AGENT INFORMATION Representative/Agent name (if applicable): Michael D. Kolodzi, Esq. Company: The Kolodzi Law Firm______________________________ Mailing Address: 433 N. Camden Drive, Suite 600_______________ City: Beverly Hills________ Telephone: (310) 279-5212

CP-7769 appeal [revised 6/18/2015]

State: CA

Zip: 90210

E-mail: [email protected]

Page 1 of 2

4.

JUSTIFICATION/REASON FOR APPEAL Is the entire decision, or only parts of it being appealed?

El Entire

□ Part

Are specific conditions of approval being appealed?

□ Yes

El No

If Yes, list the condition number(s) here: _______ Attach a separate sheet providing your reasons for the appeal. Your reason must state:

5.

® The reason for the appeal

® How you are aggrieved by the decision

• Specifically the points at issue

® Why you believe the decision-maker erred or abused their discretion

APPLICANT’S AFFIDAVIT I certify that the statements contained in this

jplication are complete and true:

6.

/ 2-/£ Z.//S

Date:

Appellant Signature:

FILING REQUIREME^jTS/ADDITIONAL INFORMATION Eight (8) sets of the following documents are required for each appeal filed (1 original and 7 duplicates): o

Appeal Application (form CP-7769)

o

Justification/Reason for Appeal

o

Copies of Original Determination Letter

A Filing Fee must be paid at the time of filing the appeal per LAMC Section 19.01 B. o

Original applicants must provide a copy of the original application receipt(s) (required to calculate their 85% appeal filing fee).

Original Applicants must pay mailing fees to BTC and submit a copy of receipt. Appellants filing an appeal from a determination made by the Department of Building and Safety per LAMC 12.26 K are considered original applicants and must provide noticing per LAMC 12.26 K.7. A Certified Neighborhood Council (CNC) or a person identified as a member of a CNC or as representing the CNC may not file an appeal on behalf of the Neighborhood Council; persons affiliated with a CNC may only file as an individual on behalf of self. Appeals of Density Bonus cases can only be filed by adjacent owners or tenants (must have documentation). Appeals to the City Council from a determination on a Tentative Tract (TT or VTT) by the Area or City Planning Commission must be filed within 10 days of the date of the written determination of said Commission. A CEQA document can only be appealed if a non-elected decision-making body (ZA, APC, CPC, etc.) makes a determination for a project that is not further appealable. (CA Public Resources Code § 21151 (c)). CEQA Section 21151 (c) appeals must be filed within the next 5 meeting days of the City Council. ___________ for City Planning Steffi Usa Only This

Reviewed & Accepted by (DSC Planner):

Base Fee:

$
pH Determination authority notified CP-7769 appeal [revised 6/18/2015]

l___________ Deemed Complete by (Project Planner):

Date:

/^/iy //, Date:

D Original receipt and BTC receipt (if original applicant) Page 2 of 2

Justification/Reason for Appeal Appellant TOP GUN NIGHTLIFE GROUP, INC. dba CASHMERE NIGHTCLUB aka THE DAY AFTER NIGHTCLUB (“TOP GUN”) hereby files the attached Appeal Application in Case No. DIR 2015-3461 (RV), as it pertains to the Director of City Planning, City of Los Angeles’ requirement of “the discontinuance of the operation of a Restaurant/Nightclub with alcohol sales at the establishment known as Cashmere Nightclub, located at 6757 West Hollywood Boulevard,” Hollywood, California 90028 (the “Premises”). The reasons for the appeal are as follows: The alleged eighteen (18) Conditional Use Permit (“CUP”) violations, as baldly and speculatively testified to at the Public Hearing on October 22, 2015 (and further absent of any iota of physical evidence sans the biased testimony of law enforcement and city officials), have either not been adjudicated in a court of law and/or not been filed by the City Attorney’s Office, both at the time of the aforementioned October 22, 2015 public hearing and December 17, 2015 findings/recommendation of the Director of City Planning. As it pertains to the three (3) criminal cases entitled People v. Conrad Straub, Case No. 5CA14100, People v. Beno Avanesian/Alberto Avila/Top Gun Nightlife Group, Inc., Case No. 5CA14680, and People v. Alberto Avila/Top Gun Nightlife Group, Inc., Case No. 5CA14696, of which the referenced 18 CUP violations are included therein, all three (3) cases are still in the pretrial stages. Indeed, the next pretrial date for these three (3) cases is scheduled for January 21. 2016. Furthermore, the case of People v. Straub, Citation No. D46428 has yet to be filed by the City Attorney. Accordingly, prior to a revocation by the Director of City Planning of the CUP of the Premises, due process must be afforded unto the appellant. The Director of City Planning cannot legally revoke the CUP of the Premises predicated on alleged CUP violations that have NOT been adjudicated in a court of law. To do so is an affront to Appellant’s due process rights, and is entirely premature pending the disposition of the aforementioned criminal cases. For these reasons, Appellant TOP GUN respectfully requests a grant of their appeal of the Director of City Planning findings/recommendations dated December 17, 2015.

DATED: December 24, 2015

Respectfully submitted, The Kolodzi Law Firm

V

By: MTchael D. Kolodzi, esq. Attorneys for Appellant TOP GUN NIGHTLIFE GROUP, INC. dba CASHMERE NIGHTCLUB aka THE DA Y AFTER NIGHTCL UB

LINN K. WYATT CHIEF ZONING ADMINISTRATOR

City

of

Los Angeles CALIFORNIA

ASSOCIATE ZONING ADMINISTRATORS

DEPARTMENT OF

CITY PLANNING MICHAEL J. LOGRANDE DIRECTOR

JACK CHIANG

(jY.V0.S4l;

HENRY CHU

%

N

u

LOURDES GREEN

OFFICE OF ZONING ADMINISTRATION

JAE H. KIM CHARLES J. RAUSCH, Jr. A

JIM TOKUNAGA

■o

SVoed

FERNANDO TOVAR

s

DAVID S. WEINTRAUB

ERIC GARCETTI

MAYA E. ZAITZEVSKY

200 N. Spring Street, 7™ Floor Los Angeles, CA 90012 (213)978-1318 FAX: (213) 978-1334

www.planning.lacity.org

MAYOR

December 17, 2015

Director of City Planning (A) City of Los Angeles Department of City Planning 200 North Spring Street, Room 763 Los Angeles, CA 90012 6759 Hollywood Associates LLCC/O Denley INV & MGMT CO (O) 1710 North McCaden Place Hollywood, CA 90028 Cashmere Nightclub 6757 West Hollywood Boulevard Hollywood, CA 90028

CASE NOS. DIR 2015-3461 (RV) and ZA 2012-0090(CUB)(CUX)-1A REVOCATION AND DISCONTINUANCE OF USE 6757-6763 West Hollywood Boulevard Hollywood Planning Area Zone C4-2D-SN D. M. 148-5A185 C. D. 13 CEQA ENV 2015-3462-CE Legal Description: Fr. Lot 1, Arb 8, Tract Block “A” La Brea

Pursuant to the provisions of Section 12.27.1 of the Los Angeles Municipal Code, I hereby REQUIRE: the discontinuance of the operation of a Restaurant/Nightclub with alcohol sales at the establishment known as Cashmere Nightclub, located at 6757 West Hollywood Boulevard. FINDINGS OF FACT After thorough consideration of the statements, letters and correspondence contained in the file, the report of the Staff Investigator thereon, and the statements made at the public hearing on October 22, 2015, all of which are by reference made a part hereof, as well as knowledge of the property and surrounding district, I find as follows: BACKGROUND On April 5, 2013, the Zoning Administrator (Case No. ZA 2012-0090-CUB-CUX) approved a Zoning Administrator’s determination of conditional use status in conjunction with the sale and dispensing of a full line of alcoholic beverages for on-site consumption, with live entertainment and patron dancing in conjunction with an existing 8,925 square-foot restaurant/nightclub formerly operating under the name Marbella and now known as Cashmere Nightclub and The Day After. Condition No. 45 (Case No. ZA 2012-0090-CUBCUX) prohibited the use of outdoor patio after 10:00 p.m. The applicant filed an appeal to the Central Area Planning Commission (Case No. ZA 2012-0090-CUB-CUX-1 A) to request

CASE NOS. DIR 2015-3461 (RV) and ZA 2012-0090(CUB)(CUX)-1A

PAGE 2

use of outdoor patio after 10:00 p.m. The appeal was denied. The Central Area Planning Commission modified the conditions of approval (Case No. ZA 2012-0090-CUB-CUX-1A) and added a Condition No. 49. The added condition permitted the applicant to apply for a Plan Approval after one (1) year to consider extending the closing time for the patio from 10:00 p.m. to 2:00 a m. daily. In addition the applicant would be required to conduct a noise study to determine the effects of the operation on the patio area on the adjacent residences to the north of the adjacent alley. There were subsequent applications for request to sell and dispense a full line of alcoholic beverages for on-site consumption with live entertainment and public dancing (ZA 2000-5284(CUB)(CUX) and ZA 2006SI 06(CUB)(CUX), which were approved. The business conducted at the subject property has generated community complaints and allegations which were reported to the Los Angeles Police Department. Call and arrest report documentation associated with the use include multiple violations of Conditional Use Permit conditions (Case No. A 2012-0090-CUB-CUX-1A) including, operation as a strip club instead of as a restaurant/nightclub, failure to operate as a bona fide food service business, subletting the premises to outside promoters, failure to adhere to closing time and required number of security guards, failure to adhere to condition that patrons shall be 21 and over on the premises after 10:00 p.m., allowance of beverages on the designated dance floor, allowance of dancing on the patio, use of the patio after 10.00 p.m., allowance of amplified music to extend beyond the premises, queuing of patrons on Hollywood Boulevard, and lack of interior seating. Additional call and arrest report documentation associated with the use include, homicide, assault with deadly weapon, rape, prostitution, solicitation for prostitution, theft, selling of alcoholic beverages containing contaminates, owner not in possession of required worker’s compensation insurance, vandalism, and noise disturbance. These reports resulted in the initiation of a nuisance abatement action by the City regarding this location. The subject property is a level, irregular-shaped, interior parcel having a frontage of 74.6 feet along the north side of Hollywood Boulevard and a depth of 170 feet and 150 feet along the west and east property lines, respectively. The site is developed with a two-story multi-tenant commercial building with a second-floor patio. The Cashmere Nightclub (also known as The Day After) is an 8,925 square-foot restaurant/nightclub with seating for 371 patrons indoors and 56 patrons outdoors. The subject site has an entry at the ground level, is located on the second floor of the commercial building, and utilizes the second-floor patio. Now vacant, a bakery and a convenience store formerly occupied the tenant space on the ground floor. The area is urban in nature and consists of retail commercial uses, bars, small markets, restaurants, and multi-family uses. The surrounding zoning in each direction is C4-2D-SN. The Hollywood/Highland Center and Metro Rail station are located one block west of the subject site. The property to the west is developed with a two-story commercial building occupied by an electronics store, two cafes, and the Hollywood Wax Museum. The property to the north is developed with a six-story mixed-use development. The property immediately to the east is developed with an eight-story office building with ground floor retail, including a souvenir shop and a denim shop. Properties to the south, across Hollywood Boulevard, are developed with two-story commercial buildings, including the

CASE NOS. DIR 2015-3461(RV) and ZA 2012-0090(CUB)(CUX)-1A

PAGE 3

Ripley's Believe It or Not Museum, the Guinness World Record Museum, restaurants, souvenir shops, and the Musicians Institute. Hollywood Boulevard adjoining the subject property to the south, is a designated Avenue I, dedicated to width of 100 feet and fully improved. McCadden Place is a Local Street, dedicated to a width of 50 feet and improved to a variable width of 50 feet, and is located approximately 77 feet east of the subject site. Highland Avenue is a designated Avenue I, dedicated to a width of 100 feet and is fully improved. Highland Avenue is 160 feet west of the subject site. The alley, adjoining the property to the north, is a dead-end alley accessible from Highland Avenue and improved with asphalt pavement within a 20 foot dedication. The remainder of the alley from the McCadden Place side is paved with concrete, but it does not have vehicular access from McCadden Place. Previous zoning related actions on the site include: Case No. ZA 2012-0090(CUB)(CUX)-1A - On June 11, 2013, the Central Area Planning Commission denied the appeal and sustained the Zoning Administrator's approval of a Conditional Use to permit the sale and dispensing of a full line of alcoholic beverages for on-site consumption, with live entertainment and patron dancing in conjunction with an existing restaurant/nightclub with a prohibition against the use of outdoor patio after 10:00 p.m. The Central Area Planning Commission modified the conditions of approval and added a Condition No. 49. Case No. ZA 2012-0090(CUB)(CUX) - On April 5, 2013, the Zoning Administrator approved a conditional use to permit the sale and dispensing of a full line of alcoholic beverages for on-site consumption, with live entertainment and patron dancing in conjunction with an existing restaurant/nightclub. Case No. ZA 2008-0950(CUB)(ZV) - On March 23, 2009, the Zoning Administrator approved a conditional use to permit the sale and dispensing of beer and wine only for off-site consumption, in conjunction with a market (Famima Market), and variances from the Los Angeles Municipal Code Sections 12.21 -A,4 and 12.26-E.5 to allow seven required parking spaces to be provided at an off-site location, which is located within 750 feet from the subject site in lieu of the required seven parking spaces to be provided on-site or off-site within 750 feet of the site by a covenant and agreement. Case No. ZA 2006-3838(CUB)(ZAD) - A letter dated March 3, 2013, the Zoning Administrator ordered the case terminated and the matter filed. A claim for refund form was enclosed for the convenience of the applicant. Case No. ZA 2006-3106(CUB)(CUX) - On September 7, 2006, the Zoning Administrator approved a conditional use permit for the continued sale and

CASE NOS. DIR 2015-3461(RV) and ZA 2012-0090(CUB)(CUX)-1A

PAGE 4

dispensing of a full line of alcoholic beverages for on-site consumption in an existing restaurant/nightclub with live entertainment and public dancing. Case No. ZA 2001-0266(CU) - On December 26, 2001, the Zoning Administrator approved a conditional use to permit the construction, use, and maintenance of a wireless telecommunications facility. Case No, ZA 2000-5284(CUB)(CUX) - On December 12, 2001, the Zoning Administrator approved a conditional use permit, to permit the sale and dispensing of a full line of alcoholic beverages for on-site consumption with live entertainment and public dancing. The Hollywood Community Plan map designates the property for Regional Center Commercial uses with corresponding zones of C2, C4, P, PB, RAS3, and RAS4. The property is within the area of the Hollywood Signage Supplemental Use District and the Los Angeles State Enterprise Zone. The case is not affected. CORRESPONDENCE AND REPORTS RECEIVED FROM THE LOS ANGELES POLICE DEPARTMENT PRIOR TO THE PUBLIC HEARING On-Site at property location 6757 Hollywood Boulevard: Arrest and Investigative Reports: There were 9 arrest and investigative reports for property location 6757 Hollywood Boulevard or 1707 North McCadden Place between January 17, 2014 and September 24, 2015: 1.

September 24, 2015, 12:45 p.m. - Violation of Conditions Arrest Report-Arrest of operator for violation of conditions. Officers observed violation of Conditions 7 (approved use of sale and dispensing of a full line of alcohol on-site, live music, and patron dancing with a restaurant/nightclub, 371 seats indoors, 56 seats outdoors, outdoor patio shall be closed for dining after 10:00 p.m. and used only for ingress/egress), 8 (minimum of 371 seats for indoor dining), 9 (no patrons under age 21 allowed after 10 p.m.), 18 (bona fide restaurant with operating kitchen), 19 (primary business is sale of food), 20 (no subletting to promoters for nightclub), 21 (dancing restricted to dance floor per Exhibit A), and 31 (any noise shall not be audible beyond the premises).

2.

September 19, 2015, 11:00 p.m. - Violation of Conditions Report - Officers observed violation of Conditions 7 (approved use of sale and dispensing of a full line of alcohol on-site, live music, and patron dancing with a restaurant/nightclub, outdoor patio shall be closed for dining after 10:00 p.m. and used only for ingress/egress), 11 (no beverages on the dance floor), 18 (bona fide restaurant with operating kitchen), 19 (primary business is sale of food), and 31 (any noise shall not be audible beyond the premises).

3.

September 12, 2015, 2:00 a.m. - Violation of Conditions Arrest Report - Arrest of operator for violation of conditional use grant conditions and the Penal Code (P.C.).

CASE NOS. DIR 2015-3461 (RV) and ZA 2012-0090(CUB)(CUX)-1A

PAGE 5

Officers observed violation of Conditions 7 (approved use of sale and dispensing of a full line of alcohol on-site, live music, and patron dancing with a restaurant/nightclub, 371 seats indoors, 56 seats outdoors, outdoor patio shall be closed for dining after 10:00 p.m. and used only for ingress/egress), 8 (minimum of 371 seats for indoor dining), 9 (no patrons under age 21 allowed after 10 p.m.), 11 (no beverages on the dance floor), 18 (bona fide restaurant with operating kitchen), 19 (primary business is sale of food), 21 (dancing restricted to dance floor per Exhibit A), and 31 (any noise shall not be audible beyond the premises). Operator was also cited for violating 347(b) of the P.C. for serving adulterated or poisonous alcoholic beverages. 4.

August 22, 2015, 12:45 a.m. - Assault With Deadly Weapon, Great Bodily Injury Investigative Report - Victim was assaulted in a fight with other males in the club and sustained major head injuries.

5.

August 14, 2015, 11:30 p.m. - Violation of Conditions Report - Officers observed violation of Conditions 9 (no patrons under age 21 allowed after 10 p.m.), 18 (bona fide restaurant with operating kitchen), and 20 (no subletting to promoters for nightclub).

6.

July 3, 2015, 2:30 a.m. - Violation of Conditions Arrest Report - Arrest of operator for violation of conditions. Officers observed violation of Conditions 7 (approved use of sale and dispensing of a full line of alcohol on-site, live music, and patron dancing with a restaurant/nightclub, outdoor patio shall be closed for dining after 10:00 p.m. and used only for ingress/egress), 20 (no subletting to outside promoters for nightclub activity), 23 (licenses, permits, and conditions shall be posted conspicuously), and 45 (operator shall provide a minimum of three state-licensed security guards).

7.

April 24, 2014, 10:30 p.m. - Prostitution Investigation - Officers conducted a prostitution investigation which yielded negative results.

8.

January 17, 2014, 1:10 a.m. - Solicitation of Prostitution Arrest Reports (2) - Arrest of two employees for soliciting prostitution.

9.

January 17, 2014, 12:45 a.m. - Solicitation of Prostitution Arrest Reports (2) Arrest of two employees for soliciting prostitution.

Crime Analysis Mapping System Arrest Summary Report: There were 19 arrest charges for property location 6757 Hollywood Boulevard between October4, 2012 and September 12, 2015: No. 1. 2 3. 4. .

Date 9/12/2015 9/12/2015 8/23/2015 7/3/2015

Time 0200 0150 1950 0230

Description Adulterated/Poisonous Alcoholic Beverages 7544.6bp 112.01(B) Violation Of Conditions - Penalty

CASE NOS. DIR 2015-3461 (RV) and ZA 2012-0090(CUB)(CUX)-1A

5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19.

4/10/2015 10/30/2014 4/4/2014 1/17/2014 1/17/2014 1/17/2014 1/17/2014 1/17/2014 1/17/2014 1/17/2014 6/21/2013 1/14/2013 12/28/2012 10/4/2012 10/4/2012

2340 1410 0110 0245 0110 0110 0110 0110 0110 0110 1815 0800 1735 2300 2300

PAGE 6

Violation Of Conditions - Penalty Trespass On Private Property Violation Of Conditions - Penalty Violation Of Conditions - Penalty Lbmc Moving Traffic Viol Prostitution/Allied Prostitution/Allied Prostitution/Allied Prostitution/Allied Public Assemblages - Obstructing Entrance Disorderly Conduct Disorderly Conduct Disorderly Conduct Urinating Or Defecating In Public

Crime Analysis Mapping System Crime Summary Report: There were 17 crime charges for property location 6757 Hollywood Boulevard between November 25, 2012 and September 12, 2015: No. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17.

Date 9/12/2015 8/30/2015 8/30/2015 7/25/2015 2/15/2015 1/5/2015 12/1/2014 11/30/2014 11/26/2014 10/30/2014 9/19/2014 1/1/2014 12/1/2013 11/1/2013 4/12/2013 3/27/2013 11/25/2012

Time 0200 0030 0030 2300 1200 0709 0015 2200 2300 2145 2245 0045 0105 1140 2300 2300 0045

Description Non-Aggravated Assault Non-Aggravated Assault Non-Aggravated Assault Non-Aggravated Assault Non-Aggravated Assault Theft " Assault With Weapon, Strong-Arm Vandalism To Vehicle Non-Aggravated Assault Rape2 Theft Non-Aggravated Assault Theft " Non-Aggravated Assault Non-Aggravated Assault Theft " Aggravated Assault

Calls for Service Report: There were 24 calls for service for the property location 6757 Hollywood Boulevard between November 25, 2012 and August 30, 2015: No. 1. 2.

Date 8/30/2015 8/30/2015

Time 1315 1306

Description Other Other

CASE NOS. DIR 2015-3461 (RV) and ZA 2012-0090(CUB)(CUX)-1A

3. 4. 5. 6. 7. 8. 9. 10 11 12. 13. 14. 15. 16. 17. 18. 19. 20. 21 22.

8/25/2015 8/23/2015 8/22/2015 8/9/2015 8/9/2015 7/29/2015 7/29/2015 7/25/2015 7/25/2015 5/30/2015 4/9/2015 1/15/2015 12/21/2014 11/20/2014 10/3/2014 1/1/2014 11/2/2013 5/6/2013 4/13/2013 3/30/2013

1228 1912 0121 1951 1738 1939 1703 0147 0134 0056 1310 1547 0823 2258 0959 1940 0005 2348 0331 2132

Other Dist,Minor Radio Meet Fire Dept Dist,Minor Other Dist,Minor Other Dist M Poss Gun Other Adw Poss Susp Battery Poss Susp Now Bk-Up Fire Dept Other Other Dist,Minor Other Dist,Minor Radio Theft Invest Other Adw Susp Other Injury Amb E/R O/D Theft

23. 24.

11/25/2012 11/25/2012

0146 0036

Other Dist Grp Fight

.

.

.

PAGE 7

Off-Site at Flollywood Boulevard and McCadden Place, or McCadden Place and Flollywood Boulevard: Crime Analysis Mapping System Arrest Summary Report: There were 237 arrest charges for the off-site location between October 3, 2012 and September 4, 2015: No. 1. 2 3. 4. 5. 6. 7. 8. 9. 10 11. 12 13. 14. .

.

.

Date 9/4/2015 9/4/2015 8/21/2015 8/7/2015 8/5/2015 8/1/2015 7/22/2015 7/19/2015 7/17/2015 7/15/2015 7/15/2015 7/5/2015 7/3/2015 6/28/2015

Time 1620 1620 2355 0345 1215 1900 2140 0230 2300 2200 1700 0130 2345 0130

Description Embezzlement/Fraud Embezzlement/Fraud Arrest Escapee Aggravated Assault Narcotic Drug Laws Narcotic Drug Laws Violation Roller-Skate, Skateboard, Bicycle Aggravated Assault Na Disorderly Conduct Misc Other Viols Larceny Narcotic Drug Laws Liquor Laws

CASE NOS. DIR 2015-3461(RV) and ZA 2012-0090(CUB)(CUX)-1A

15. 16. 17. 18. 19. 20 21 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. .

.

6/28/2015 6/5/2015 6/3/2015 5/30/2015 5/28/2015 5/27/2015 5/11/2015 4/18/2015 4/18/2015 4/15/2015 4/12/2015 3/11/2015 3/10/2015 3/7/2015 2/20/2015 2/19/2015 2/10/2015 2/7/2015 2/6/2015 1/29/2015 1/17/2015 1/17/2015 1/17/2015 1/17/2015 1/15/2015 1/15/2015 1/10/2015 12/23/2014 12/31/2014 12/21/2014 11/21/2014 11/18/2014 11/18/2014 11/8/2014 10/31/2014 10/31/2014 10/31/2014 10/31/2014 10/31/2014 10/31/2014 10/31/2014 10/4/2014 10/4/2014 10/4/2014

0055 0210 2325 2310 1420 2255 1320 1600 0100 1500 0035 1630 0605 0030 2230 1430 2135 0015 2345 1655 0115 0115 0115 0115 2335 2030 0125 2045 1300 0020 2015 2120 1705 0005 2320 2255 2250 2220 2130 1930 1031 0145 0120 0120

Intoxication Moving Traffic Viol Other Assaults Moving Traffic Viol Na Liquor Laws Street Vending Prohibited Narcotic Drug Laws Liquor Laws Drunkenness Liquor Laws Larceny Court Violation Narcotic Drug Laws Liquor Laws False Threat Explosive Driving Under Influ Sex (Exc Rape/Prst) Drunkenness Use Of Streets And Parking Lots Habitation Catering Truck Unlawful Catering Truck Unlawful Moving Traffic Viol Moving Traffic Viol Narcotic Drug Laws Vandalism Drunkenness Liquor Laws Drunkenness Court Violation Drunkenness Narcotic Drug Laws Violation Roller-Skate, Skateboard, Bicycle Intoxication Moving Traffic Viol Street Vending Prohibited Street Vending Prohibited Liquor Laws Receive Stolen Prop Liquor Laws Soliciting And Sales In Streets Parking Catering Truck Parole Custody Parole Custody

PAGE 8

CASE NOS. DIR 2015-3461(RV) and ZA 2012-0090(CUB)(CUX)-1A

59. 60. 61. 62. 63. 64. 65. 66 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. 85. 86 87. 88 89. 90. 91. 92. 93. 94. 95. 96. 97. 98. 99. 100 101 .

.

.

.

.

102.

10/2/2014 9/23/2014 9/14/2014 9/14/2014 9/14/2014 9/12/2014 9/6/2014 8/28/2014 8/17/2014 8/17/2014 8/16/2014 8/14/2014 8/12/2014 8/12/2014 8/12/2014 8/4/2014 7/30/2014 7/27/2014 7/17/2014 7/17/2014 7/14/2014 7/10/2014 7/4/2014 7/4/2014 7/3/2014 6/14/2014 6/1/2014 5/9/2014 5/4/2014 5/3/2014 4/17/2014 4/15/2014 4/15/2014 4/12/2014 4/4/2014 4/4/2014 4/1/2014 3/19/2014 3/2/2014 3/28/2014 3/28/2014 3/19/2014 2/22/2014 1/26/2014

2335 0045 2125 2120 2115 0051 1650 0125 2310 2310 2235 0005 1350 0145 0140 0100 2230 0120 0900 0900 0025 2000 2330 0110 1025 0220 0110 0130 1700 2140 2330 2140 2000 2220 2100 2055 0035 2255 0040 2135 2130 0140 2330 0135

Parking Catering Truck Robbery Unlawful Parking - Peddlers Vendors Unlawful Parking - Peddlers Vendors Unlawful Parking - Peddlers Vendors Driving Under Influ Soliciting And Sales In Streets Vandalism Place Of Worship Narcotic Drug Laws Forgery/Counterfeit Aggravated Assault Driving Under Influ Liquor Laws Liquor Laws Liquor Laws Disorderly Conduct Driving Under Influ Urinating Or Defecating In Public Playing Games Streets Playing Games Streets Vandalism Receive Stolen Prop Intoxication Intoxication Bicycle Riding - Sidewalk Aggravated Assault Liquor Laws Driving Under Influ Court Violation Narcotic Drug Laws Intoxication Street Loitering Intoxication Court Violation Valid Business License Valid Business License Intoxication Advertising - Residential Area Street Loitering Court Violation Drunkenness Larceny Narcotic Drug Laws Drunkenness

PAGE 9

CASE NOS. DIR 2015-3461(RV) and ZA 2012-0090(CUB)(CUX)-1A

103. 104. 105. 106. 107. 108. 109. 110. 111 112 113. 114. 115. 116. 117. 118. 119. 120 121 122. 123. 124. 125. 126. 127. 128. 129. 130. 131. 132. 133. 134. 135. 136. 137. 138. 139. 140. 141. 142. 143. 144. 145. 146. .

.

.

.

1/24/2014 1/24/2014 1/18/2014 1/3/2014 1/1/2014 1/1/2014 12/20/2013 12/17/2013 12/16/2013 11/30/2013 11/30/2013 11/30/2013 11/30/2013 11/14/2013 11/13/2013 11/13/2013 11/12/2013 10/27/2013 10/27/2013 10/26/2013 10/26/2013 10/25/2013 10/20/2013 10/20/2013 10/13/2013 10/12/2013 10/5/2013 10/3/2013 10/3/2013 9/28/2013 9/24/2013 9/22/2013 9/21/2013 9/12/2013 9/8/2013 9/7/2013 9/7/2013 9/5/2013 8/26/2013 8/25/2013 8/24/2013 8/17/2013 8/15/2013 8/10/2013

1935 1935 2250 0240 2200 2200 2000 2130 1155 2310 2305 2305 0300 2330 2250 2215 0721 2245 2200 2310 2300 0010 0110 0105 2140 2200 2300 2200 2155 2135 0045 1845 2155 2345 1330 0150 0150 2300 1935 0140 0050 2200 2255 0040

Narcotic Drug Laws Other Assaults Drunkenness Weapon (Carry/Poss) Bicycle Riding - Sidewalk Bicycle Riding - Sidewalk Violation Postrelease Disorderly Conduct Vehicle Theft Disorderly Conduct Disorderly Conduct Disorderly Conduct Vandalism Disorderly Conduct Disorderly Conduct Disorderly Conduct Trespass Driving Liquor Laws Drunkenness Drunkenness Unlawful Parking - Peddlers - Vendors Disorderly Conduct Drunkenness Drunkenness Drunkenness Disorderly Conduct Drunkenness Liquor Laws Burglary Driving Under Influ Drunkenness Court Violation Drunkenness Drunkenness Court Violation Drunkenness Drunkenness Narcotic Drug Laws Drunkenness Drunkenness Disorderly Conduct Court Violation Violation Roller-Skate, Skateboard, Bicycle Moving Traffic Viol

PAGE 10

PAGE 11

CASE NOS. DIR 2015-3461 (RV) and ZA 2012-0090(CUB)(CUX)-1A

147. 148. 149. 150. 151. 152. 153. 154. 155. 156. 157. 158. 159. 160. 161. 162. 163. 164. 165. 166. 167. 168. 169. 170. 171. 172. 173. 174. 175. 176. 177. 178. 179. 180. 181. 182. 183. 184. 185. 186. 187. 188. 189. 190.

8/9/2013 8/7/2013 8/4/2013 7/25/2013 7/19/2013 7/18/2013 7/18/2013 7/13/2013 7/7/2013 6/30/2013 6/28/2013 6/27/2013 6/22/2013 6/22/2013 6/12/2013 6/8/2013 6/7/2013 5/31/2013 5/31/2013 5/30/2013 5/17/2013 5/16/2013 5/15/2015 5/9/2013 5/8/2013 5/5/2013 5/4/2013 5/3/2013 5/3/2013 5/2/2013 5/2/2013 5/2/2013 5/2/2013 4/26/2013 4/24/2013 3/30/2013 3/28/2013 3/22/2013 3/20/2013 3/20/2013 3/20/2013 3/20/2013 3/20/2013 3/20/2013

2105 0302 0015 0005 2215 1850 0115 1745 0330 0345 0145 0005 2315 2240 1555 1430 1625 2010 2010 1940 1745 1700 1845 2025 1440 0105 2350 1800 1800 2020 2020 2020 1435 2000 0020 1515 1745 1550 1720 1720 1530 1525 1520 1520

Drunkenness Driving Under Influ Drunkenness Driving When Privilege Suspended Disorderly Conduct Disorderly Conduct Violation Roller-Skate, Skateboard, Disorderly Conduct Disorderly Conduct Drunkenness Shopping Cart Possession Drunkenness Drunkenness Drunkenness Violation Roller-Skate, Skateboard, Narcotic Drug Laws Shopping Cart Possession Disorderly Conduct Trespassing Narcotic Drug Laws Disorderly Conduct Violation Roller-Skate, Skateboard, Narcotic Drug Laws Court Violation Disorderly Conduct Aggravated Assault Moving Traffic Viol Narcotic Drug Laws Narcotic Drug Laws Violation Roller-Skate, Skateboard, Violation Roller-Skate, Skateboard, Violation Roller-Skate, Skateboard, Driving Under Influ Disorderly Conduct Driving Under Influ Violation Roller-Skate, Skateboard, Misc Other Viols Disorderly Conduct Disorderly Conduct Disorderly Conduct Disorderly Conduct Disorderly Conduct Disorderly Conduct Disorderly Conduct

Or Revoked

Bicycle

Bicycle

Bicycle

Bicycle Bicycle Bicycle

Bicycle

PAGE 12

CASE NOS. DIR 2015-3461 (RV) and ZA 2012-0090(CUB)(CUX)-1A

191. 192. 193. 194. 195. 196. 197. 198. 199. 200. 201. 202 203. 204. 205. 206. 207. 208. 209. 210 211. 212. 213. 214. 215. 216. 217. 218. 219. 220 221 222. 223. 224. 225. 226. 227. 228. 229. 230. 231. 232. 233. 234. .

.

.

.

3/19/2013 3/18/2013 3/18/2013 3/18/2013 3/9/2013 3/7/2013 3/7/2013 3/7/2013 3/7/2013 2/23/2103 2/15/2013 2/14/2013 2/1/2013 1/23/2103 1/23/2013 1/23/2013 1/23/2013 1/23/2013 1/23/2013 1/23/2013 1/12/2013 1/11/2013 1/4/2013 1/3/2013 12/26/2012 12/6/2012 12/6/2012 11/29/2012 11/29/2012 11/16/2012 11/15/2012

11/12/2012 11/10/2012 11/10/2012 11/8/2012 11/8/2012 11/2/2012 11/2/2012

11/1/2012 11/1/2012 10/31/2012 10/25/2012 10/25/2012 10/14/2012

1620 0045 0045 0015 1600 1645 1445 1445 1445 1830 1800 1655 1445 2005 1745 1740 1740 1740 1435 1435 1620 1525 1645 1950 2050 2245 2235 1640 0900 1630 2245 2131 1655 0010 2155 0015 2150 1500 2325 2325 1211 1615 1900 2130

Disorderly Conduct Court Violation Drunkenness Driving Under Influ Disorderly Conduct Disorderly Conduct Disorderly Conduct Disorderly Conduct Disorderly Conduct Violation Roller-Skate, Skateboard, Violation Roller-Skate, Skateboard, Liquor Laws Narcotic Drug Laws Loud And Raucous Noise Disorderly Conduct Disorderly Conduct Na Disorderly Conduct Disorderly Conduct Disorderly Conduct Disorderly Conduct Narcotic Drug Laws Disorderly Conduct Narcotic Drug Laws Disorderly Conduct Violation Roller-Skate, Skateboard, Violation Roller-Skate, Skateboard, Violation Roller-Skate, Skateboard, Misc Other Viols Embezzlement/Fraud Violation Roller-Skate, Skateboard, Drunkenness Littering Littering Narcotic Drug Laws Violation Roller-Skate, Skateboard, Drunkenness Prostitution/Allied Violation Roller-Skate, Skateboard, Violation Roller-Skate, Skateboard, Drunkenness Disorderly Conduct Disorderly Conduct Disorderly Conduct

Bicycle Bicycle

Bicycle Bicycle Bicycle

Bicycle

Bicycle

Bicycle Bicycle

CASE NOS. DIR 2015-3461 (RV) and ZA 2012-0090(CUB)(CUX)-1 A

235. 236. 237.

10/7/2012 10/5/2012 10/3/2012

0110 1845 2055

PAGE 13

Drunkenness Disorderly Conduct Drunkenness

Crime Analysis Mapping System Crime Summary Report: There were 102 crime charges for the off-site location between September 20, 2012 and September 8, 2015: No. Date 1. 9/8/2015 2. 9/4/2015 3. 8/26/2015 4. 8/17/2015 5. 8/16/2015 6. 8/9/2015 7. 8/5/2015 8. 8/4/2015 9. 8/7/2015 10. 7/29/2015 11. 7/24/2015 12. 7/15/2015 13. 7/3/2015 14. 6/27/2015 15. 6/3/2015 16. 6/3/2015 17. 5/30/2015 18. 5/9/2015 19. 4/18/2015 20. 4/3/2015 21. 3/28/2015 22. 3/14/2015 23. 3/11/2015 24. 2/19/2015 25. 2/13/2015 26. 2/10/2015 27. 1/30/2015 28. 1/15/2015 29. 1/15/2015 30. 12/27/2014 31. 12/2/2014 32. 12/1/2014 33. 11/23/2014 34. 11/18/2014 35. 10/25/2014 36. 10/4/2014

Time 0145 0215 2300 1200 0900 2050 1215 2000 0345 1725 1645 1700 2345 1830 2325 2150 2310 0210 1600 0115 1845 2340 1510 1120 1700 2135 1915 2335 1950 0800 1240 0001 0320 2120 0100 2355

Description Aggravated Assault Group Disturbance Theft Non-Aggravated Assault Non-Aggravated Assault Non-Aggravated Assault Vehicle Non-Aggravated Assault Non-Aggravated Assault Non-Aggravated Assault Non-Aggravated Assault Vehicle Non-Aggravated Assault Non-Aggravated Assault Non-Aggravated Assault Aggravated Assault Non-Aggravated Assault Non-Aggravated Assault Non-Aggravated Assault Non-Aggravated Assault Vehicle Non-Aggravated Assault Aggravated Assault Assault With Weapon Strong Arm Non-Aggravated Assault Vehicle Non-Aggravated Assault Vehicle Bomb Threat, No Bomb Grand Theft Auto, Received Stolen Goods Non-Aggravated Assault Non-Aggravated Assault Non-Aggravated Assault Vandalism Burglary/Theft From Vehicle Non-Aggravated Assault Vehicle Theft " Non-Aggravated Assault Non-Aggravated Assault Non-Aggravated Assault Non-Aggravated Assault Vehicle

CASE NOS. DIR 2015-3461(RV) and ZA 2012-0090(CUB)(CUX)-1A

37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66 67. 68 69. 70. 71. 72. 73. 74. 75. 76. 77. 78. 79. 80. .

.

9/23/2014 9/21/2014 9/21/2014 8/28/2014 8/17/2014 8/9/2014 8/5/2014 8/1/2014 7/10/2014 7/5/2014 6/29/2014 6/24/2014 6/16/2014 6/15/2014 6/14/2014 5/24/2014 5/10/2014 5/3/2014 4/12/2014 4/5/2014 4/5/2014 3/15/2014 3/19/2014 2/22/2014 2/15/2014 2/9/2014 1/24/2014 1/20/2014 1/11/2014 1/3/2014 1/3/2014 1/2/2014 12/14/2013 12/13/2013 12/3/2013 11/30/2013 11/12/2013 10/6/2013 9/5/2013 9/1/2013 8/10/2013 7/1/2013 6/27/2013 6/8/2013

0035 2100 2100 0115 0646 2045 2200 0001 2000 0130 0300 2345 1115 0200 0220 0830 2345 2140 2220 0220 0220 1440 0100 2330 2050 1150 1935 0310 1030 2140 0240 2100 2000 2300 1200 0300 0655 2315 2300 0320 0040 1400 2055 1430

Robbery, Non-Aggravated Assault Aggravated Assault, Non-Aggravated Assault Aggravated Assault Vandalism, Non-Aggravated Assault Non-Aggravated Assault Non-Aggravated Assault Non-Aggravated Assault Vehicle Theft ' Non-Aggravated Assault Robbery Rapel, Non-Aggravated Assault Grand Theft Auto, Received Stolen Goods Assault Non-Aggravated Assault Oth/437 Grand Theft Auto, Received Stolen Goods Theft Non-Aggravated Assault Non-Aggravated Assault Fist Fight Fist Fight Non-Aggravated Assault Grand Theft Property, Non-Aggravated Assault Non-Aggravated Assault Non-Aggravated Assault Vehicle Non-Aggravated Assault Vehicle Non-Aggravated Assault Non-Aggravated Assault Non-Aggravated Assault Vehicle Non-Aggravated Assault Non-Aggravated Assault Non-Aggravated Assault Assault Non-Aggravated Assault Non-Aggravated Assault Vehicle Vandalism Oth/888 Non-Aggravated Assault Vehicle Non-Aggravated Assault Non-Aggravated Assault Non-Aggravated Assault Theft " Non-Aggravated Assault Vehicle Non-Aggravated Assault

PAGE 14

CASE NOS. DIR 2015-3461(RV) and ZA 2012-0090(CUB)(CUX)-1A

81. 6/7/2013 82. 6/6/2013 83. 5/17/2013 84. 5/11/2013 85. 5/7/2013 86. 5/3/2013 87. 4/24/2013 88. 4/8/2013 89. 2/20/2013 90. 1/27/2013 91. 1/18/2013 92. 1/3/2013 93. 12/19/2012 94. 12/16/2012 95. 12/13/2012 96. 11/25/2012 97. 11/20/2012 98. 11/18/2012 99. 11/15/2012 100. 11/14/2012 101. 9/29/2012 102. 9/20/2012

1625 0815 1415 0300 2055 1800 0005 1500 1330 0135 2100 1950 1900 2055 1550 2030 2120 0800 0048 2330 2245 1650

PAGE 15

Non-Aggravated Assault Non-Aggravated Assault Vehicle Resisting Arrest Robbery Non-Aggravated Assault Non-Aggravated Assault Non-Aggravated Assault Vehicle Aggravated Assault Non-Aggravated Assault Vehicle Hit With Weapon Non-Aggravated Assault Non-Aggravated Assault Robbery Knifepoint Non-Aggravated Assault Vehicle Non-Aggravated Assault Vehicle Non-Aggravated Assault Sex Underage Non-Aggravated Assault Failed To Stop Vandalism Aggravated Assault Non-Aggravated Assault

Crime Analysis Mapping System Calls for Service Report: There were 14 calls for service for the off-site location between March 30, 2013 and August 27, 2015. No. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14.

Date 8/27/2015 6/5/2015 5/7/2015 3/25/2015 3/15/2015 3/14/2015 2/28/2015 2/13/2015 9/17/2014 6/14/2014 5/21/2014 5/13/2014 5/11/2014 3/30/2013

Time 1931 2241 0847 2204 0106 0103 1822 2229 0222 2058 2059 2057 2056 0314

Description Traffic Stop Traffic Stop Traffic Stop Traffic Stop Traffic Stop Traffic Stop Back-Up Other Traffic Stop Traffic Stop Traffic Stop Traffic Stop Traffic Stop Screaming W

CASE NOS. DIR 2015-3461 (RV) and ZA 2012-0090(CUB)(CUX)-1A

PAGE 16

COMMENTS OR INFORMATION FROM OTHER AGENCIES (Received prior to the public hearing) The Department of Building and Safety submitted the following reports: October 6, 2015 Inspection Report: During a site visit on September 12, 2015 at 1:30 a.m., Building and Safety staff, along with the LAPD Hollywood Vice Division conducted an inspection, finding violations of Case No. ZA 2012-0090(CUB)(CUX), Condition Nos. 2 (site not in conformance with plot plan, including expansion of the dancing area and the elimination of approximately 124 seats), 7 (outdoor patio open and in use), 8 (seats eliminated), 9 (patrons not wearing age-identification wristbands), 10 [sic-Condition No. 11] (drinks on the designated dancing area), and 21 (dancing area expanded). October 8, 2015 Order to Comply: An Order to Comply was sent to the owner regarding violations of the Los Angeles Municipal Code regarding unpermitted construction, unpermitted electrical work, and lack of maintenance of the building. COMMENTS RECEIVED FROM GENERAL PUBLIC (Received prior to the public hearing) At the time of report preparation, one correspondence from the general public had been received, with concerns regarding the excessive force of security guards, sound audible beyond the premises, and patrons passed out drunk on the patio the following day. PUBLIC HEARING A public hearing was conducted by the Zoning Administrator on October 22, 2015, scheduled for 11:00 a.m. at City Hall located at 200 North Spring Street. In attendance and testifying were the legal representative for the property owner, operator’s legal representative, nightclub manager, representatives of the Los Angeles Police Department, stakeholders and a representative of the Office of the Thirteenth Council District. Prior to opening the hearing to public testimony, the Department of City Planning's staff investigator presented a summary of background information and other pertinent information regarding this location. The presentation was a summary of the investigator’s staff report, which is attached to the case file, and a past investigative operation conducted jointly with the Police Department. The following is a summary of the points made in public hearing testimony: Los Angeles Police Department - Detective Dana Harris Supervisor Citywide Nuisance Abatement, Detective Vice & Support Division Ask that use be revoked or impose the following conditions (see letter submitted into the record dated October 20, 2015 for complete list of conditions)

CASE NOS. DIR 2015-3461 (RV) and ZA 2012-0090(CUB)(CUX)-1A

PAGE 17

CONTACT WITH LAPP & EMERGENCY SERVICE PERSONNEL 1

.

Immediately contact the Los Angeles Police Department (LAPD), by dialing 911 or in a non-emergency (877) ASK-LAPD, if any person is observed: a. b.

Trespassing on the Property Loitering on the Property;

2

Maintain regular contact with the LAPD Senior Lead Office at 213 485-4310 and the Hollywood Vice Unit at (213) 972-2200.

3.

Meet with the LAPD Detective Support and Vice Division and/or Hollywood Vice Unit on a bi-yearly basis to discuss any issues.

.

ON SITE SECURITY 4.

Hire and/or maintain on-site security guards to monitor the property during operating hours who will actively deter any criminal activity related to the Property. a.

When the establishment is open between Monday-Wednesday, (4) state licensed, bonded, and uniformed professional security guards to be present at the property during all hours of operation.

b.

On Thursday, Friday, and Saturday, six (6) State-licensed, bonded, and uniformed professional security guards to be present at the property during all hours of operation.

c.

Two security guards should be present at the entrance to the Club and Bar.

d.

i.

The security guard stationed at the bar door shall use an electronic age verification / identification device to check the identification of all patrons to ensure that minors are not allowed entrance. Devices will be maintained in working order and used to verify the age of person(s) entering the premise only. The electronic age verification/identification device should not store data.

ii.

The security guards will also do a pat down search/wand of patrons.

A minimum of two security guards will be roving in the front and rear parking lots of the club and bar. During the exterior patrol, the security guard will monitor the exterior of the bar and parking lots to ensure no loitering, alcohol consumption, public urination, prostitution, lewd acts or any other criminal activity is related to the club or bar.

CASE NOS. DIR 2015-3461 (RV) and ZA 2012-0090(CUB)(CUX)-1A

PAGE 18

e.

Two or more security guards will be inside the club in a roaming capacity to ensure no illegal activity is occurring.

f.

Security guards will screen all patrons entering the club and bar with handheld metal detector wands during operating hours. Also the security guards will search all bags, backpacks and purses.

9-

Security will remain at the location until 30 minutes after closing.

5.

All security guards working at the club and bar should comply with the requirements of California and Business Professions Code section 7582.26(f) which requires that guards wear a distinctive uniform, with a patch on each shoulder reading "private security," containing the name of the private security company for which the guards are employed. The guard will possess his or her guard permit at all times with photographic identification and present them to law enforcement personnel upon request. Guards should have radio communication with each other.

6.

Require the security guards to keep a daily log of incidents that occur at the Property. These logs will be kept for at least six months and available to LAPD for inspection upon request.

SURVEILLANCE 7.

Maintain video surveillance cameras on the Property that have the ability to monitor the front entrance to the Business, the sidewalk near the Business, the parking area, and the rear lot of the Property. Install and/or maintain a video surveillance system to monitor the common area interior of the Property, including any passage ways. Post the Property and Business with signs indicating use of a surveillance system.

8.

Review the video surveillance on a daily basis and immediately provide LAPD with copies of video surveillance that depict criminal activity at the Property. The video surveillance recordings / tapes shall be maintained for a period of not less than 60 days or longer time period as required by LAPD. The video surveillance system shall have the ability to zoom and pan and be remotely controlled. The video surveillance system should not only be accessible in the manager’s office, but also be accessible through the internet so that the property manager and LAPD officers can monitor the Property.

LIGHTING 9.

Parking Lot: Maintain sufficient lighting at the Property so that all parking areas are well lit so that law enforcement personnel can easily identify individuals and their actions on the Property. Lighting shall remain on daily

CASE NOS. DIR 2015-3461(RV) and ZA 2012-0090(CUB)(CUX)-1A

PAGE 19

from sunset until sunrise. The lighting shall not impact nearby residential buildings 10.

Business: Adequate interior and exterior lighting shall be installed in all areas within the business in conformance with the applicable laws and /or building code. The lighting shall be such that it renders all objects and persons clearly visible. Light fixtures shall be secure so that unauthorized individuals cannot remove or break light bulbs. Replace any damaged or broken lights immediately. Lighting fixtures shall be secure so that unauthorized individuals cannot remove or break light bulbs. Replace any damaged or broken lights immediately.

EMPLOYEES 11.

Require all employees to have valid bona fide identification in their possession while employed by the location.

12

Require all employees working in the capacity of a wait staff or bartender to wear a uniform and a name tag. The Business Owner / Operator should provide uniforms and name tags for all bar employees.

13.

The Business Owners / Operators shall maintain an accurate and up to date list of employees working at the property. The list shall include the name of each employee and a copy of a valid bona fide identification.

14.

A thorough background/criminal check shall be conducted on all personnel employed at the location including current personnel.

15.

The Property Owners, Business Owners / Operators, all security personnel and Bar employees will attend Standardized Training for Alcohol Retailers (STAR) session sponsored by the Los Angeles Police Department.

.

a.

The Property Owners and Business Owners / Operators should maintain proof of each employee's attendance and have it available on the premise for inspection by LAPD or Alcohol Beverage Control. Require subsequent hires to attend the STAR training program within 90 days of their date of hire. Employees should get refresher STAR training on a yearly basis. Employees who do not speak English fluently must attend a Spanish presentation. Contact LAPD Detective Support and Vice Division for dates and times for the free training at (213) 486-0910.

b.

Bar Employees, including wait staff and bartenders, will serve according to STAR training such that the employee will be able to assess the level of intoxication of a patron purchasing a beverage.

CASE NOS. DIR 2015-3461(RV) and ZA 2012-0090(CUB)(CUX)-1 A

PAGE 20

LOITERING & TRESPASSING 16.

Loitering is strictly prohibited on or around the premises or the area under the control of the Business Owner / Operator. Do not permit any person, including bar occupants, to loiter in the areas adjacent to the Bar. Loitering includes, but is not limited to, the following actions: lingering idly on the Property; remaining on the Property for illegal purposes, and not being able to provide a satisfactory explanation for one's behavior or presence. Ask Business patrons to leave the area after the Business is closed. Ask individuals loitering on the sidewalk directly in front of the Club’s or Bar's main entrance to move away from the area.

17.

Post and maintain the following signs at each entry point or approach to the Property; the Signs should say: "NO TRESPASSING, NO LOITERING, NO DRUGS, NO WEAPONS, NO DRINKING OF ALCOHOLIC BEVERAGES. THE LOS ANGELES POLICE DEPARTMENT MAKES REGULAR AND FREQUENT PATROLS OF THIS PROPERTY. The signage shall have lettering of at least two inches in height and be written in English and Spanish.

18.

A 24-hour “hot line” phone number shall be provided for the receipt of complaints from the community regarding the subject facility and shall be provided to the immediate neighbors, schools and local neighborhood association. These numbers shall be: 1) 2)

Posted at the entry; Posted at the Bar.

19.

Hot-Line Number shall be provided to the immediate neighbors, schools, and local neighborhood association, if any.

20

Do not allow anyone to trespass on the Property. Post and maintain signs at each entry point or approach to the Property warning against trespassing. The signage shall have lettering of at least two inches in height and be written in English and Spanish.

21

Provide a completed and signed "Trespass Arrest Authorization" form authorizing LAPD to arrest individuals unlawfully loitering on the Property, pursuant to L.A.M.C. 41.24.

.

.

GENERAL SUGGESTIONS 22.

Ensure proper maintenance of interior and exterior of the club and bar. Including, but not limited to, the prompt removal of graffiti. Remove any graffiti from the premises within 48 hours. Keep premises clean and free from trash or debris. The Property shall be maintained clean and free of litter/ trash within 45 minutes after the business closes.

CASE NOS. DIR 2015-3461(RV) and ZA 2012-0090(CUB)(CUX)-1A

PAGE 21

23.

Provide LAPD (Hollywood Vice Unit, Detective Support Vice Division & Commission Investigation Division) with current premises diagram of the interior of the Business. Keep all LAPD division/units updated as to any changes to the premises within 30 days of any actual changes to the floor plan.

24.

Abide by all requirements of the Los Angeles Police Department Commission Investigation Division.

25.

Abide by all requirements and regulations of the State of California’s Alcohol and Beverage Control: a.

Private Parties: Any rental of the Business for private parties will comply with ABC regulations and Business Owner will contact LAPD for approval two weeks prior to event.

26.

Keep the noise level from the club and bar at the appropriate levels so as not to impinge on the residential neighborhood.

27.

There should only be one "public" entrance to the location. Other doors should be designated as "employee only" entrances and used by patrons only to evacuate the building in case of emergency.

28.

The operator shall maintain a minimum of 371 seats available for indoor patron dining at all hours of operation.

29.

Open and working kitchen with full menu and food available at all times establishment is open to the public.

30.

The location shall operate in a manner consistent with that of a restaurant. This includes a menu, servers and fully operable kitchen.

31.

Hours of operation shall have strict adherence and posted on the front door to the establishment.

32.

To specifically address and mitigate the nuisance activity that is occurring between the hours of midnight and 2 am, all sales, service and consumption of alcohol shall cease at 1200 a.m. The establishment shall close no later than midnight daily.

Los Angeles Police Department - Officer Beniamin Thompson Vice Investigator; Hollywood Division Vice Group The following are crime reports with weight in this hearing matter:

CASE NOS. DIR 2015-3461 (RV) and ZA 2012-0090(CUB)(CUX)-1A

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1/9/14 - Investigation began after several reports of prostitution, ABC and CUP violations/deviations occurring. Thursday evenings are regular strip club activities. Adult entertainment conducted with large metal poles connected to dance floor. 1/16/14 - Full scale prostitution operation; arrest made of which one woman was 20 years of age; operator also arrested for violation of LAMC Sec.12.29. 2/14/14 - Uniform inspection found Cashmere operating as a nightclub; operator/manager arrested for violation of CUB Condition #18 (found operating as a nightclub not a restaurant with a full operating kitchen and menu). 4/3/14 - LAPD inspection found operator in violation of CUB Condition Nos. 26 (no line queuing on Hollywood Blvd), 28 (no adult entertainment); 11 (no beverage of any kind on dance floor). 4/4/14 - LAPD and State Department of Industrial Relations inspection found employees of business not to have State required insurance. 4/24/14 - Hollywood Vice inspection found business in operation without workers compensation insurance for its employees. 4/10/15 - Business found operating as a nightclub not a restaurant with a full operating kitchen and menu therefore in violation of condition No. 18 of CUB. *There’s a 1 year leap between last investigations as establishment went dark for a period with limited operations of nightclub May 2014 - April 2015. 6/3/15 - Uniform inspection; violation of CUB Conditions No. 20 (no outside promoters); 23 (all licenses, permits and conditions posted); 25 (no public restrictions for entry); 7 (outdoor patio shall be closed after 10:00pm). 8/1/15 - One security guard arrested for grand theft auto by LAPD Gang Enforcement Detail. Same individual arrested again in August. 8/14/15 - LAPD undercover operation; site sublet to outside promoter “My Castle”; violations of CUB Condition No(s), 9 (patrons shall be 21 or older after 10:00 pm with visible hand stamping); 18 (full operating kitchen and menu); 20 (no outside promoters). 9/12/15 - LAPD undercover operation; Building and Safety present for inspection investigation; site sublet to outside promoter “My Castle”, violation of CUB Condition No(s), 7 (outdoor patio shall be closed after 10:00pm); 8 (maintain a minimum of 371 seats for indoor dining at all hours); 9 (patrons shall be 21 or older after 10:00pm with visible hand stamping); 11 (No beverage of any kind on dance floor); 19 (primary business of establishment is the sale of food); 20 (no outside promoters); 21 (dancing shall be restricted to dance floor, no objects including foreign shall be placed on dance floor; no live music played on outdoor patio including speakers for amplified sound, dancing is prohibited on patio); 31 (any

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music, noise or sound emitted from the premises including the patio shall not be audible beyond those premises). 9/19/15 - LAPD undercover inspection, violation of CUB Condition No(s), 7 (outdoor patio shall be closed after 10:00pm); 11 (no beverage of any kind on dance floor); 18 (full operating kitchen and menu); 19 (primary business of establishment is the sale of food); 31 (any music, noise or sound emitted from the premises including the patio shall not be audible beyond those premises). 9/24/15 - LAPD undercover inspection; outside promoter for 18 or older patrons; violation of CUB Condition No(s), 7 (outdoor patio shall be closed after 10:00pm); 8 (maintain a minimum of 371 seats for indoor dining at all hours); 9 (patrons shall be 21 or older after 10:00pm with visible hand stamping); 18 (full operating kitchen and menu); 19 (primary business of establishment is the sale of food); 20 (no outside promoters); 21 (dancing shall be restricted to dance floor, no objects including foreign shall be placed on dance floor; no live music played on outdoor patio including speakers for amplified sound, dancing is prohibited on patio); 31 (any music, noise or sound emitted from the premises including the patio shall not be audible beyond those premises). 9/25/15 - LAPD site visits show business closed each time. 10/9/15 - LAPD undercover operation; City Planning present for nuisance investigation, location closed with flyer posted at site directing patrons to Cosmo Club. ‘ - Cosmo Club has same management and security staff as Cashmere; arrest made at Cosmo for serving minors alcohol. -Site visit to Cashmere on the following Friday (10/16/15) business was closed. LAPD responded to Cosmo Club location. Promotional signs posted, patrons under 21 years present, no I.D. wristbands visible, violations similar to Cashmere. -Criminal activities occurring on premises include; (1) Homicide on August 22, 2015 which was largely publicized. Victim was under 21 years of age in nightclub after 10:00pm; (2) Sexual assault occurred on premises on 1/13/14 involving a 20 years of age victim occurring in nightclub after 10:00pm. Victim arrived by party bus, given I.D. wristband and allowed to purchase alcohol. (3) Sexual assault occurred on premises 11/4/14, penetration with foreign object. -In summary, the location has persisted as a community nuisance. LAPD continues to receive e-mails of disturbances and complaints of disturbances. The location poses a threat to passersby and the neighborhood. Los Angeles Police Department - Officer Jeff Pool Problem lies with blatant disregard for the CUP, public safety, bona fide restaurant.

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Any further conditions would not be complied with as current conditions are not. LAPD and City Attorney are currently investigating the ownership of club. Subletting still occurring. Los Angeles Department of Building and Safety - Principal Building Inspector, John Whipple 9/12/15 - LADBS participated in a joint investigation with LAPD Violations of CUP Conditions No(s) 2 (use and development of property shall be in substantial conformance with approved plans submitted to Zoning Administrator Case No. ZA 2012-0090-CUB-CUX)), 7(outdoor patio shall be closed after 10:00pm), 8 (maintain a minimum of 371 seats for indoor dining at all hours), 9 (patrons shall be 21 or older after 10:00pm with visible hand stamping), 11 (No beverage of any kind on dance floor), 21 (dancing area expanded/dancing prohibited on the patio Intentionally changed nature of operation from a restaurant to a nightclub establishment. Also cited for building code violations. Owner listed for “Top Gun Nightlife’ is Alberto Avila Stakeholders The Jefferson - Rebecca Corey 270 unit apartment community, north of site on McCadden PI. Violent crimes are up, car break-ins are up. Thefts occur during time nightclub is operating Alley is a problem, noise pollution with use of outdoor patio after 10:00pm 20 apartment units face Cashmere and tenants are paid a $50 concession .monthly as a result of noise from Cashmere. Apartment Community now doubles its security patrol during operational hours of the Cashmere. NAI Capital - Marty Shelton Member of LA Chambers of Commerce Commercial broker (representing owners) Commend LAPD and Building &Safety on their efforts and public safety concern Imperative that steps are taken to deal with nightclub. Community Member - Brian Dyer On 11/1/15 individuals can use social media (Facebook, postings, videos, and yelp) to see reviews of individuals going to club. Yelp states doors don’t open until afterl 1:00pm; social media pretty suggestive of what’s going on.

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UCI & UCLA bring party buses of people up. Entrance at back of building is used for cueing of lines. Cashmere Club building is environmentally not designed to keep noise inside. Building is a historical monument and predates noise, windows and glass. Office of the Thirteenth Council District - Dan Halden Letter read into record from Councilmember Mitch O’Farrell dated 10/22/15 related to operations, nuisance activities, public safety concerns and recurring problems at the establishment known as Cashmere Nightclub. Council Deputy Dan Halden noted Cashmere Nightclub operation and operators violate public trust, create a tremendous strain on City resources, violate public safety, quality of life in Hollywood, all of which the Council Office takes seriously. Multiple violations of Los Angeles Municipal Code (LAMC) and Electrical Code. 8/22/15 a 20 year old man died on premises. Obtaining a CUB is a privilege and comes with responsibility Owner/operator show a blatant disregard for the existing conditions as new promotion for a Halloween Party is listed on social media as “Day After Mega Club”. Property Owner’s Representative - Nate Bernstein Attorney and in-house council for Lessor of 6757 Hollywood Assoc. LLC and operator of property “Steve Marlton”. Wants to have safe properties Lease agreement requires lessee to follow all local laws Mr. Marlton (lessee) is fully cooperating with LAPD and required use of club. 10/15/15, good news; Hollywood Assoc., LLC and Denley Investment and Management Co. Inc. (Mr. Denley) filed an unlawful detainer and eviction against “Top Gun Nightlife, LLC” (Steve Marlton). This will be the swiftest way to abate any nuisance. Case trial is on a fast track (3-4 weeks). City should not take any abatement actions with court action pending. Trail date set in approximately 21 days (Case No. BC 597193). City should not take any drastic actions to impact the sale of alcohol on restaurant because of proposal for a hotel, blue prints are submitted. Neighborhood will change after Cashmere is out of picture and off property. This is a tourist area Denley in process of getting entitlements and air rights for a hotel. This is first notice today as to the number of arrest at this club. Doing everything to abate nuisance. Property Owner’s Architect - Mehdi Bolour A 200-Room hotel is proposed for site (architectural drawings submitted).

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Rear of property (used by existing Cashmere Club) will be used as a kitchen to serve hotel. Project is supported by Council Office. Business Owner’s Representative (Cashmere Nightclub) - Michael Kolodz Attorney for owner/operator of Cashmere Nightclub Object to any steps towards an abatement, no evidence Action would be premature Action has not been adjudicated in a court of law, ABC violations have not been filed on. Any adverse ruling will be appealed by “my office”. LAPD made conclusive and speculative statements which are “flat out lies”. Cashmere owners are in the process of selling business and getting out of Hollywood. fi/ganager (Cashmere Nightclub) - Conrad Straub Club not operating last several weeks; request no action be taken; will be beneficial for new owner/operator to come in and operate without further restrictions; let normal process of sale take place; need to sell without any restrictive actions of City. Acting as manager off and on for past years (response to LAPD testimony) Kitchen does work. There is a cook. Prostitution was mentioned (LAPD), however female had no connection to nightclub. Assault with deadly weapon was mentioned. “I have no idea of that”. Line queuing on Hollywood Blvd. We can have ingress and egress of property. There was only one person calling Councilman every day and sending e-mails.-This person no longer complains. First picture shown by Planning staff and in staff report of graffiti is not Cashmere property McCadden and Hollywood Blvd there are homeless and other problems not associated with Cashmere. No outside promoters. They all work for venue. We have contracts with all of them. Nightclub open maybe once or twice a week. Hot line signs are posted but you need to be on site to see them. Vagrants pull signs down. Signs get torn down every day. Never any arrest made at venue only tickets written. Poles are for artistic dancers. No nudity. Security officers usually go from one venue to another, this is common. Permits were posted on walls but were pulled down off walls to clean. After 2am all patrons are gone, only few staff members are left. Have made many steps to correct operation -Trying to make back or break even on investment Nightclub on market for sale, has a buyer but waiting on Planning outcome.

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REBUTTAL Los Angeles Police Department - Officer Jeff Pool When a ticket issued by LAPD, technically individual is under arrest but not taken to jail. Accusing LAPD of perjury LAPD did say McCadden and Hollywood is business owners’ responsibility. Person who no longer complains to Council office is compensated by Cashmere. Summary Comments (Zoning Administrator) - Jack Chianq After all public comments, the Zoning Administrator stated that based on the evidence presented and testimony heard, clearly there are numerous flagrant CUP violations (Case No. ZA 2012-0090-CUB-CUX-1A). Based on a review of the case file, no covenant and agreement of the determination was recorded and submitted to the file. This is the most basic and easiest condition to comply with and the applicant selected to ignore. There were also operational violations where the applicant changed the mode and character of the establishment from a restaurant to a club, sublet the premises to numerous club promoters for party events. Loud noise and nuisance associated with excess drinking have adversely affected the nearby residents. Criminal activities were also documented by the Police Department as the restaurant was operated as a strip bar with female dancers soliciting male customers for prostitution, one of the dancers arrested for prostitution was under the age of 21. Condition No. 9 specifically imposed that no person of under 21 years of age shall remain in the premises after 10 p.m. The most serious offense included the lack of security on the premises which led to the death of an employee by a gunshot which resulted from a fire arm slipped through at the entrance check, and the sales of full-line alcoholic beverages to patrons under the ages of 21 in numerous occasions. The alcoholic beverage sales not only violated City’s conditional use, but it also violated State ABC regulations. The Zoning Administrator agreed with the Police Department that the applicant showed a blatant disregard of the conditional use conditions. Basic condition compliance: Condition No. 48 (recorded Covenant and Agreement) not in file; Condition No. 45 (detailed security plan) not in file; Condition No. 37 (evidence of STAR Training) not in file; Basic operational conditions not in compliance with: Condition No. 2 (use and development of property shall be in substantial conformance with the plot plan submitted and marked Exhibit “A”) Condition No. 7 (outdoor patio shall be closed after 10:00 p.m.) Condition No. 8 (maintain a minimum of 371 seats for indoor dining at all hours) Condition No. 23 (posting of license) Condition No. 26 (no line queuing on Hollywood Boulevard)

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Condition No. 31 (any music, noise or sound emitted from the premises including the patio shall not be audible beyond those premises) Condition No. 32 (establishment shall make effort to control unnecessary noise associated with the operation) Condition No. 35 (provide a 24-hour “hot line” with number posted at all entries and cashier) Condition No. 42 (Remain quiet when leaving sign) Serious operational condition violations: Clearly this is a club operation not restaurant. On 8/14/15, 9/12/15, 9/24/15 documentation of Cashmere hosting 18 and up or college night events; age restriction not carefully monitored. Multiple violations on; Condition No. 9 (no under age of 21 patrons after 10 p.m.) Condition No. 11 (no beverage of any kind on dance floor) Condition No. 18 (full operating kitchen and menu) Condition No. 19 (primary business of establishment is the sale of food) Condition No. 20 (no outside promoters) Condition No. 21 (dancing shall be restricted to dance floor, no objects including foreign shall be placed on dance floor; no live music played on outdoor patio including speakers for amplified sound, dancing is prohibited on patio) Condition No. 22 (obtain necessary live music, entertainment and dance permits from LAPD) Condition No. 43 (electronic age verification device) At the end of the public hearing, the record on the matter was maintained open until November 22, 2015 to allow the Property Owner’s representative to submit eviction paperwork as stated, further documentation from Council Office and for any other interested party to submit additional information. There was no information or other correspondence submitted by the operator or his legal representative subsequent to the public hearing. WRITTEN COMMUNICATION RECEIVED SUBSEQUENT TO PUBLIC HEARING October 6, 2015 - Received Los Angeles Department of Building and Safety Inspection Report dated October 6, 2015, indicates on September 12, 2015 at 1:30 AM Chief Inspector Frank Laura, Principal Inspector John Whipple and Inspector Oscar Salgadl with support of LAPD Vice Hollywood Division conducted a joint inspection in response to a complaint of violations of CUP permit No. ZA 2012-0090-CUB-CUX. Multiple violations were found including Condition No(s). 2 (use and development of property shall be in substantial conformance with the plot plan submitted and marked Exhibit “A”), 7 (outdoor patio shall be closed after 10:00 pm), 8 (maintain a minimum of 371 seats for indoor dining at all hours), 9 (patrons shall be 21 or older after 10:00pm with visible hand stamping), 11 (no beverage of any kind on dance floor) and 21 (dancing shall be restricted to dance floor, no objects including foreign shall be placed on dance floor; no live music played on outdoor patio including speakers for amplified sound, dancing is prohibited on patio). In additions, violations of the Building Code were also found.

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October 19, 2015 - Received copy of Los Angeles Department of Building and Safety Orderto Comply and Notice of Fee issued to Operator Michael Daniel Kolodzi c/o Top Gun Night Life Inc. on October 8, 2015 listing multiple building violations of the Los Angeles Municipal Code. October 23, 2015 - E-mail from Detective Dana Harris submitting copy of letter dated October 20, 2015 with 35 suggested conditions to mitigate the nuisance associated with the operation of Cashmere Nightclub should the use not be revoked as requested. November 5, 2015 - E-mail from Officer Benjamin Thompson. Additional photos of Cashmere kitchen. November 18, 2015 - E-mail from Officer Benjamin Thompson with attached arrest reports regarding an October 31,2015 at 10:30 p.m. undercover operation of an advertised event promotion the “Haunted Castle” on Halloween Night and referenced at the public hearing. Police arrest reports and Condition violations indicate the following: Arrest of business manager for violation of CUP Conditions No(s) 7 (outdoor patio shall be closed after 10:00 p.m.),8 (maintain a minimum of 371 seats for indoor dining at all hours),9 (patrons shall be 21 or older after 10:00pm with visible hand stamping), 11 (no beverage of any kind on dance floor), 18 ((full operating kitchen and menu), 19 (primary business of establishment is the sale of food),20 (no outside promoters) and 21 (dancing shall be restricted to dance floor, no objects including foreign shall be placed on dance floor; no live music played on outdoor patio including speakers for amplified sound, dancing is prohibited on patio). Operations manager also found in violation and arrested for dispensing alcoholic beverages from adulterated/poisonous alcoholic beverage bottles. REVIEW OF COMPLIANCE WITH CONDITIONS OF CASE NO. ZA 20120090(CUB)(CUX)-1A EFFECTIVE JULY 9, 2013 AS RELATED TO A NUISANCE ABATEMENT POSSIBLE REVOCATION ACTION PER LOS ANGELES MUNICIPAL CODE SECTION 12.27.1 The business conducted at the site has generated numerous community complaints and has required consistent police enforcement, as evidenced by submissions from the Los Angeles Police Department. As the operation may currently jeopardize and adversely affect the public health, peace, and safety of persons residing or working on the premises and in the surrounding area, the City has responded with a public hearing for possible imposition of conditions to abate nuisance or to revoke said use. The nuisance investigation includes an assessment of condition compliance with respect to the terms and conditions of the Zoning Administrator’s determination, Case No. ZA 20120090(CUB)(CUX) and ZA 2012-0090(CUB)(CUX)-1A. Staff conducted a field analysis as part of the nuisance investigation on October 9, 2015 between 10:15 p.m. and 11:30 p.m., accompanied by two Los Angeles Police Department officers. At the time of the investigation, the nightclub was closed to the public. A flier posted on the McCadden Place gated entry to the subject site indicated that the usual Friday promotion through “My Castel” had relocated to The Attic Nightclub at 1643 Cosmo Street.

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1

.

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All other use, height and area regulations of the Municipal Code and all other applicable government/regulatory agencies shall be strictly complied with in the development and use of the property, except as such regulations are herein specifically varied or required. Investigator Response: No comment.

2.

The use and development of the property shall be in substantial conformance with the plot plan submitted with the application and marked Exhibit "A", except as may be revised as a result of this action. Investigator Response: As a city-initiated case, no plot plan was submitted.

3.

The authorized use shall be conducted at all times with due regard for the character of the surrounding district, and the right is reserved to the Zoning Administrator to impose additional corrective Conditions, if, in the Administrator's opinion, such Conditions are proven necessary for the protection of persons in the neighborhood or occupants of adjacent property Investigator Response: No comment.

4.

All graffiti on the site shall be removed or painted over to match the color of the surface to which it is applied within 24 hours of its occurrence. Investigator Response: There were two areas of graffiti on the subject site. One was located on a “Private Property” sign facing the alley. The other was located on the metal roll-down gate of the vacant bakery and convenience store on the ground floor of the subject site.

5.

A copy of the first page of this grant and all Conditions and/or any subsequent appeal of this grant and its resultant Conditions and/or letters of clarification shall be printed on the building plans submitted to the Zoning Administrator and the Department of Building and Safety for purposes of having a building permit issue. Investigator Response: No comment.

6

.

Indemnification. The applicant shall defend, indemnify and hold harmless the City, its agents, officers, or employees from any claim, action, or proceeding against the City or its agents, officers, or employees relating to or to attack, set aside, void or annul this approval which action is brought within the applicable limitation period. The City shall promptly notify the applicant of any claim, action, or proceeding and the City shall cooperate fully in the defense. If the City fails to promptly notify the applicant of any claim action or proceeding, or if the City fails to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City. Investigator Response: The City of Los Angeles mailed the owner a Notice of Public Hearing for DIR 2015-3461 (RV) on September 22, 2015.

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7.

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Approved herein is the sale and dispensing of a full line of alcoholic beverages for on-site consumption, live music and patron dancing in conjunction with an 8,925 square-foot restaurant/nightclub with seating for 371 patrons indoors and 56 patrons outdoors. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 10:00 a.m. to 2:00 a.m., seven days a week. There shall be no after hour operations between the hours of 2:00 a.m. and 9:00 a.m., including but not limited to private events and promotional events with the exception of maintenance activities. The outdoor patio shall be closed for dining after 10:00 p.m. and may only be used for ingress and egress after 10:00 p.m. Investigator Response: The business was not open at the time of site visit.

8.

The operator shall maintain a minimum of 371 seats available for indoor patron dining at all hours of operation. Investigator Response: The business was not open at the time of site visit.

9.

Patrons in the restaurant/nightclub after 10:00 p.m. shall be aged 21 or older. Patrons age 21 or older shall receive a hand stamp after 8:00 p.m. to enter the location for the purpose of identification for nightclub activity. The nightclub shall have a visible sign at the entry during business hours to notify all patrons of the age Prior to 10:00 p.m., there shall be two public 21 or older restriction, announcements, 15 minutes apart to notify patrons inside the premises of the age restriction after 10:00 p.m. The nightclub operator shall be responsible for compliance and enforcement of the age restriction to the nightclub. All patrons inside the restaurant/nightclub shall possess a visible and unique style of hand stamping to assure proper identification. Investigator Response: The business was not open at the time of site visit.

10.

The nightclub operation on the site may require and admission or cover charge after 10:00 p.m. Investigator Response: The business was not open at the time of site visit.

11.

No beverages of any kind shall be allowed on the designated dance floor. Investigator Response: The business was not open at the time of site visit.

12.

Off-street parking spaces for employees and patrons shall be provided as to number and location as required pursuant to the Los Angeles Municipal Code (LAMC) and determined by the Department of Building and Safety. A minimum of 200 parking spaces shall be provided at a location within 750 feet of the restaurant/nightclub. Said parking shall be for the exclusive use of the restaurant/nightclub and may be secured by lease agreement in lieu of the required covenant. Said lease agreement shall be for a time period to coincide with the length of the entitlement term granted herein, or longer. Said lease agreement shall

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indicate the number of parking spaces controlled by the parking service, how many spaces are leased to other parties and who those other parties are. The operator shall prepare a map showing the location of all the leased parking spaces. Documentation of any and all pertinent lease agreement and related maps shall be submitted to the Zoning Administrator for review and attachment to the case file. Investigator Response: The business was not open at the time of site visit. As a cityinitiated case, no lease agreement was submitted. 13.

Parking valet service shall be required for parking of patrons to any parking area that is off-site and within 750 feet of the subject property. Staging areas for drop-off and pick-up of patron vehicles shall be located off any public street, except as may be determined otherwise by the Department of Transportation. Investigator Response: The business was not open at the time of site visit.

14.

Employees of the restaurant/nightclub may not park on any public street at any time. Employees shall be required to either commute via public transportation or park in the off-street parking spaces secured by lease agreement. Investigator Response: The business was not open at the time of site visit.

15.

This grant shall have a life of 5 years after which the applicant shall file for and win an authorization from the Office of Zoning Administration in order to continue the sale of a full line of alcoholic beverages for on-site consumption. Investigator Response: No comment.

16.

If at any time during the period of the grant, should documented evidence be submitted showing continued violation(s) of any condition(s) of the grant, resulting in a disruption or interference with the peaceful enjoyment of the adjoining and neighboring properties, the Zoning Administrator will have the right to require the petitioner(s) to file for a plan approval application together with the associated fees, to hold a public hearing to review the petitioner’s compliance with and the effectiveness of the conditions of the grant. The petitioner(s) shall submit a summary and supporting documentation of how compliance with each condition of the grant has been attained. Investigator Response: No comment.

17.

Any future operator(s) of the facility shall file a new Plan Approval Application to allow the City of Los Angeles to review the “mode and character” of the operation. If at any time during the period of the grant should the operator(s) require modification of the grant or the conditions of the grant, the operator(s) shall also file for a Plan Approval together with the associated fees. Investigator Response: No comment.

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18.

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The premises shall be maintained as a bona fide restaurant with a full operating kitchen and shall provide a menu containing an assortment of foods normally offered in restaurants. Kitchen and food service shall be made available at all times during normal operating hours. Investigator Response: The business was not open at the time of site visit.

19.

The licensee shall inform the customers that the primary business of the establishment is the sale of food, which shall include but not be limited to providing each customer with a menu, posting of signs on the premises and advertising food services. Investigator Response: The business was not open at the time of site visit.

20

.

The operator shall not sublet the premises to outside "promoters" for nightclub activity. Investigator Response: The flier posted on the McCadden Place entry to the subject site indicated that there had been a regular Friday promotion through “My Castel Fridays” that had recently relocated.

21.

Public or patron dancing shall be restricted to the dance floor designated on the plot plan labeled as Exhibit A. There shall be no objects placed on the dance floor such as balloons, foam or other foreign objects. No live music shall be played on the outdoor patio and no speakers playing amplified live or recorded music shall be placed on the patio. Dancing is prohibited on the patio. Investigator Response: The business was not open at the time of site visit.

22

.

Prior to the utilization of the provisions of this grant which allow live music, entertainment and a dance hall, the operator shall obtain any necessary permits from the Los Angeles Police Commission, and no temporary live entertainment permits shall be applied for pending the formal police permit decision. The revocation of that permit by the Los Angeles Police Commission may be grounds for the revocation of the Conditional Use Permit for dancing. Investigator Response: The business was not open at the time of site visit.

23.

All licenses, permits and conditions shall be posted in a conspicuous location t the subject establishment. Additionally a copy shall be provided to all employees who shall sign an acknowledgement form stating that they have read and understood all of the ABC, Police Commission and Conditional Use Permit conditions. Said form shall be maintained at the location by the operator/manager who shall present it to Police personnel, ABC investigators or the Department of City Planning staff upon request. Investigator Response: The business was not open at the time of site visit.

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24.

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With the exception of the existing patio, no activities shall be permitted on the roof of the building. Investigator Response: The business was not open at the time of site visit.

25.

There shall be no public restrictions for entry into the location including any VIP list and individual picking of patrons waiting to enter the location. Investigator Response: The business was not open at the time of site visit.

26.

There shall be no line gueuing on Hollywood Boulevard. Security staff of the restaurant/nightclub shall maintain order and control any loud talking or noise in any gueue which occurs at the northerly entrance adjacent to residential uses. Investigator Response: The business was not open at the time of site visit.

27.

There shall be no pay phone on the exterior of the building. Investigator Response: There were no payphones visible on the exterior of the building.

28.

There shall be no adult entertainment of any type as defined by Section 12.70 of the Los Angeles Municipal Code. Investigator Response: The business was not open at the time of site visit.

29.

There shall be no pool tables, coin-operated games, or video game machines permitted on the premises at any time. Investigator Response: The business was not open at the time of site visit.

30.

The operator shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control including the alley adjacent to the site. Investigator Response: The area adjacent to the premises appeared to be generally clean and free of litter.

31.

Any music, sound or noise, including amplified or acoustic music or patrons speaking on the patio, emitted from the premises under the control of the operator shall not be audible beyond those premises. Any such sounds emitted shall not violate Section 116.1 of the Los Angeles Municipal Code. Investigator Response: The business was not open at the time of site visit.

32.

The establishment shall make an effort to control any unnecessary noise made by restaurant staff or any employees contracted by the restaurant, or any noise associated with the operation of the establishment, or equipment of the restaurant.

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Investigator Response: The business was not open at the time of site visit. 33.

There shall be no enclosed customer booths. If booths exist and are separated by a partition, said partition shall be no higher than 54 inches and shall be completely open on at least one side. Investigator Response: The business was not open at the time of site visit.

34.

A sign shall be posted at the restaurant entrance, where it is clearly visible asking patrons not to park on the adjacent residential streets. Investigator Response: No signs were visible at the entrances that informed patrons not to park on adjacent residential streets.

35.

The operator(s) shall identify a contact person and provide a 24-hour “hot line” telephone number for any inquiries or complaints from the community regarding the subject establishment. Prior to the utilization of this grant, the phone number shall be posted on the site so that it is readily visible to any interested party. The “hot line” shall be: Posted at all entries and the cashier; Responded to within 24-hours of any complaints/inquiries received; and Documented in a log and made available for review by the Los Angeles Police Department and the Department of City Planning upon request. At a minimum, the log shall record when the calls were received, returned and action taken. Investigator Response: No signs were visible on the exterior of the site that informed the public of a 24-hour hotline.

36.

A free "Designated Driver Program" shall be implemented in which free non­ alcoholic beverages such as coffee, tea or soft drinks will be offered to the designated driver of a group. The availability of this program shall be made known to restaurant patrons either via a two-sided card placed on all tables and bars or on a program description printed on the menu. Investigator Response: The business was not open at the time of site visit.

37.

Within six months of the effective date of this determination and within 6 months of their date of hire, all personnel acting in the capacity of a manager, bartender, and/or server on the premises shall attend a Standardized Training for Alcohol Retailers (STAR) session sponsored by the Los Angeles Police Department. The operator shall contact the Hollywood Vice Unit of the Los Angeles Police Department and make arrangements for such training. Upon completion of such training, the applicant shall request the Police Department to issue a letter identifying which employees completed the training. The operator shall transmit a copy of the letter from the Police Department to the Zoning Administrator as

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evidence of compliance. All employees who are listed above shall attend follow-up STAR classes every 24 months. Investigator Response: No information regarding STAR training at the subject site had been received by the Planning Department at the time of staff report preparation. 38.

The operator(s) shall maintain on the premises and present upon request to any law enforcement officer, a copy of the business permit, insurance information and a valid emergency contact number for the Security and Valet companies used by b operator. Investigator Response: The business was not open at the time of site visit.

39.

There shall be no Valet service(s) (pick-up or drop-off) on Hollywood Boulevard. The valet stand shall be on McCadden Place opposite commercial buildings. In no case may the valet stand be placed adjacent to residential uses. Investigator Response: The business was not open at the time of site visit.

40.

The approved conditions shall be retained on the premises at all times and produced immediately upon request of the Los Angeles Police Department or the Department of City Planning Staff. Investigator Response: The business was not open at the time of site visit.

41.

Loitering is prohibited on or around these premises or the area under control of the applicant. Investigator Response: No loitering was observed on or around the premises at the time of site visit.

42.

The applicant shall post a sign requiring all patrons to remain quiet when leaving the restaurant/bar at night. The applicant shall actively enforce these noise provisions. Investigator Response: No signs were visible on the exterior of the site that informed patrons to remain quiet when leaving the premises.

43.

Electronic age verification device(s) which can be used to determine the age of any individual attempting to purchase alcoholic beverages shall be installed on the premises at each point-of-sale location. This devise(s) shall be maintained in an operational condition and all employees shall be instructed in their use prior to the sale any alcoholic beverage. Investigator Response: The business was not open at the time of site visit.

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Petitioners shall install and maintain security cameras and a three-month video library that covers all common areas of the business, high-risk areas and entrances of exits. The videotapes shall be made available to police upon request. Investigator Response: As the business was not open at the time of site visit, it was not possible to ascertain whether security cameras cover all common areas of the business, high risk areas, entrances, and exits.

45.

Between the hours of 9:00 p.m. and 2:30 a.m., the operator shall provide a minimum of 3 State licensed security officers. Within 45 days of the effective date of this grant, the applicant shall submit to the Zoning Administrator for inclusion in the file a detailed security plan for the project which shall be prepared in consultation with and signed by the Los Angeles Police Department addressing security measures for the protection of patrons, employees and nearby residents. One security officer shall be located inside the premises, one security officer shall be located in the parking area and one additional security officer shall be required for every 75 patrons above the first 150 patrons. All security personnel shall be licensed consistent with State law and Los Angeles Police Commission standards. The security personnel shall be dressed in such a manner as to be readily identifiable to patrons and law enforcement personnel. The plan shall detail the installation of a surveillance system, parking lot patrols and security lighting. Investigator Response: The business was not open at the time of site visit.

46.

Advice. The applicant is advised that the subject permit is a land use permit, not a license for the sale of alcohol. The conditions and requirements of the permit apply to the subject facility. The conditions shall be complied with in addition to any conditions or requirements imposed by the Department of Alcoholic Beverage Control, Los Angeles Police Department, or any other licensing or permit agency. Noncompliance with the subject conditions could result in revocation of the subject use permit. Any change of conditions or change in the mode or character of the authorized use requires approval of the Zoning Administrator. Investigator Response: No comment.

47.

Prior to the clearance of any conditions, the applicant shall show proof that all fees have been paid to the Department of City Planning, Expedited Processing Section. Investigator Response: No comment.

48.

Prior to issuance of any permits relative to this matter, a covenant acknowledging and agreeing to comply with all the terms and conditions established herein shall be recorded in the County Recorder’s Office. The agreement (standard master covenant and agreement for CP-6770) shall run with the land and shall be binding on any subsequent owners, heirs or assigns. This agreement with the conditions attached must be submitted to the Department of City Planning for approval before being recorded. After recordation, a certified copy bearing the Recorder’s number

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and date shall be provided to the Department of City Planning for attachment to the subject case file. Investigator Response: At the time of staff report preparation, it was not clear whether a covenant had been filed. 49.

The applicant may apply for a Plan Approval after one (1) year to consider extending the closing time for the patio from 10:00 p.m. to 2:00 a.m., daily. In order to support the request, the applicant shall conduct a noise study to determine the effects of operation of the patio until 2:00 a.m. on the adjacent residences to the north of the adjacent alley. Any noise mitigation identified by the study shall be enforced on any approved expansion of the operating hours. Investigator Response: At the time of staff report preparation, a Plan Approval had not been filed seeking to extend the closing time for the patio.

AUTHORITY On October 27, 1997, under Ordinance No. 171,740, Section 12.21-A,15 was repealed and superseded by Section 12.27.1 which continued the established procedures for the modification, discontinuance or removal of a use, building or structure that constitutes a public nuisance or endangers the public health or safety or violates any provision of City, State or Federal statutes or ordinance. FINDINGS As presented in the information documented herein through correspondence and public testimony by affected parties, it is determined that the operation of the nightclub know as Cashmere Nightclub (also known as The Day After Nightclub), has created nuisance impacts at the site. The Zoning Administrator, on behalf of the Director, finds that the business as operated: 1.

Jeopardizes or adversely affects the health, peace or safety of persons working or residing in the surrounding area. The record, including arrest reports, correspondence and testimony at the public hearing, indicates that there have been continuous documented, repeated violations of the conditions imposed by the Office of Zoning Administration and the City Council under ZA 2012-0090(CUB)(CUX)-1A. Numerous investigations by the Police Department have provided a record of activities which have taken place at the site after the approval of a Conditional Use to permit the sale and dispensing of a full line of alcoholic beverages for on-site consumption, with entertainment and patron dancing in conjunction with an existing restaurant/nightclub with a prohibition against the use of outdoor patio after 10:00 pm. This constitutes violations of conditions imposed by the latest City action as well as violations of State provisions related to the alcohol license. The use has continued to impact the surrounding area

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and has resulted in the continuation of nuisance activities that affect residents and that have placed a heavy demand on limited Police resources. There has been an absence of diligent and a blatant disregard regarding the effective monitoring of activities and compliance with conditions. The operators have consistently shown a disregard for adherence to the most critical conditions. This includes ongoing noncompliance with the operating hours of the outdoor patio to close for dining after 10:00 p.m. and only used for ingress and egress as conditioned by Case No ZA 2012-0090(CUB)(CUX)-1A. This causes additional noise impacts on surrounding uses including a 270-unit residential apartment complex, north easterly of subject site. Noise impacts have been documented by LAPD and adjacent neighbor calls for service complaints as these relate to conditions associated with the use of speakers playing amplified or recorded music audible beyond the premises, dancing on the patio at all times including after the 10:00 p.m. closing time for dining and loud conversations on rooftop patio area after the 10:00 p.m. closing time. Additional noise impacts are associated with lack of maintaining order and control of any loud talking or noise with the queueing of lines which occurs at the northerly entrance adjacent to residential uses, therefore in violation of Condition No. 26 of said Zoning Administrator’s determination. Security has not been provided as required, which if effectively conducted could have been purposed to mitigate impacts on the community and provide safety for those working on the premises and residing in the surrounding area. Such conduct places the public in danger and deprives residents and other community members of their rightful ability to enjoy their neighborhood. At the most recent hearing, Police officers testified as to the impacts as further attested by arrest reports and investigations. The absence of any aggressive and responsible management has resulted in the August 22, 2015 homicide of a 20-year old male patron believed to be an off-duty DJ employed by the establishment. This establishment demands the continuing response for Police activity and investigations. A review of the arrests and investigations demonstrates that there has not been any significant improvement since the original documented LAPD arrest report on October 12, 2012. In fact, the operational activities have deteriorated. Police resources have been consumed by investigations and monitoring of the location. From a period of time between January 17, 2014 and September 24, 2015 there were 9 arrest and investigative reports for the property, which include assault with a deadly weapon, great bodily injury, fights, soliciting prostitution, under-age drinking, lack of required security guards on-site, and multiple violations of the Conditional Use Permit (CUP) and Alcoholic Beverage Control (ABC) violations. The time period of October 4, 2012 and September 12, 2015 there werel 9 arrest charges for the property including prostitution, urinating or defecating in public, disorderly conduct, serving adulterated/poisonous alcoholic beverages, public assemblages/obstructing entrance. November 25, 2012 and September 12,2015 there were 17 crime charges for the property which included, rape, assault with weapon/strong-arm, aggravated assault, non-aggravated assault, theft and vandalism to vehicle. There were 24 calls for service for the property from the period of November 25, 2012 and August 30, 2015, which included, assault with

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deadly weapon/possession, battery, theft and group fight. The following documented reports of crimes and investigations occurring off-site and connected to the subject site location at Hollywood Boulevard and McCadden Place or McCadden Place and Hollywood Boulevard. There were 237 arrest charges for the off-site location between October 3, 2012 and Septembers, 2015 which include, aggravated assault, drunkenness, intoxication, disorderly conduct, driving under the influence, prostitution/allied. A total of 102 crime charges for the off-site location between September 20, 2012 and September 8, 2015, which include, rape/nonaggravated assault, sex underage, robbery knifepoint, aggravated assault, hit with weapon, fist fight, group disturbance, resisting arrest, robbery and grand theft auto/received stolen goods. There were 14 calls for service for the period March 30, 2013 and August 27, 2015. Calls mostly included traffic stop violations. Condition No. 45 of the CUP requires the operator to submit a detailed security plan prepared in consultation and signed by LAPD addressing the security measures for the protection of patrons, employees and nearby residents. The plan requires a minimum of three State licensed security officers. One security officer shall be located inside the premises, one shall be located in the parking area and one additional officer shall be required for every 75 patrons above 150 patrons. Police reports and testimony cite location “crowded with patrons”. Condition No. 20 of the CUP prohibits the operator to sublet the premises to outside promoters for nightclub activities. Joint operation and site inspection conducted on October 9, 2015 by LAPD and Planning, location was not open for business however, staff documented evidence of flyers posted to property of a “usual Friday” promotion through My Castel Fridays had relocated (from Cashmere Nightclub) to The Attic Nightclub at 1643 Cosmo Street. Document special event promotion via social media YELP advertise “The Haunted Castle Halloween” event on October 31, 2015 from 9:00 pm -2:00 am PST. During the public testimony, nightclub manager for Cashmere stated there are no outside promoters. All employee work for the venue and are under contract. However, no employment records were produced at the hearing or subsequent to the public hearing to substantiate the claim. Condition No. 35 of the CUP requires the operator to provide a visible posting on­ site of a 24-hour “hot-line” telephone number for any inquiries or complaints from the community and a documented log for review by LAPD. Planning staff site inspection on October 9, 2015 notes, no signs were visible on the exterior of the site informing the public of a 24-hour “hot-line”. This blatant disregard to comply with basic operational conditions is consistent with LAPD reports of business owner/operator failure to visibly post required permits for ABC license and Police Commission permits inside establishment. Dancing continues to be conducted in areas outside of restricted dance floor area including prohibited patio area despite conditions prohibiting it per Case No ZA 2012-0090(CUB)(CUX)-1A. Drinking continues to occur both on and off the designated dance floor area.

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The advertisement of under-age party events (i.e., 18+ and college nights) through social media has also been a regular activity associated with the nightclub operation, which continues with the evident full cooperation of the operator, despite conditions prohibiting such activities and regular enforcement by LAPD (Arrest Reports, Investigation Reports, CUP violations) and Department of Building and Safety (Order to Comply, Inspection Report), disregard for established operational conditions have been ongoing for years without any evidence that the operator has taken measures to correct violations and comply with any other City or State (Alcoholic Beverage Control) ordinance. Based upon this volume of record and testimony, the operation of the nightclub and its alcohol sales continues to adversely affect the public health, peace and safety or persons residing and working in the surrounding area. 2

.

Constitutes a public nuisance Members of the Los Angeles Police Department as well as the Office of the Thirteenth Council District have indicated that the use has generated a need for continued investigations which is a drain particularly on the Police Department's resources. The substantial allocation of resources to this one location impacts the ability of the Police Department to effectively allocate the remaining available resources to the rest of the community. The representative of the Council district also indicated that the Office has received complaints regarding the use. There are spillover impacts which affect the neighborhood at large. The nightclub’s lack of oversight has contributed directly and indirectly to the nuisance impacts in the vicinity. The consistent violations of: insufficient number of required State licensed security officers.; patrons under age 21 in the restaurant/nightclub after 10.00 .p.m.; no hand stamp or visible identifying mark or wristband of patrons 21 years or older in the restaurant/nightclub entering after 8:00 p.m.; dining on outdoor patio after 10:00 p.m.; dancing on the patio; music with amplified sound on outdoor patio; sublet of premises to outside promoters for nightclub activities; maintaining a minimum of 371 seats for indoor dining at all hours; expansion of dance floor area not consistent with plot plan submitted to Zoning Administrator and labeled “Exhibit A"; dance poles attached to dance floor thereby offering patrons adult entertainment; beverages allowed on designated dance floor area; security staff not maintaining order and control of loud talking or noise in queue occurring at the northerly entrance of nightclub adjacent to residential uses; premises not maintained as a bona fide restaurant with a full operating kitchen and menu; licensee dose not inform customers or advertise the primary business of the establishment is the sale of food. As documented evidence on many occasions the Police have observed the absence of required number of security officers, which limits effectiveness in deterring nuisance activities, assuming that the security officers would be proactive. No effort has been made to curb impacts by the business and the property owner. No attempts to show compliance or acknowledge existing operating conditions by

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submitting the required recorded convent and agreement as conditioned by Case No. ZA 2012-0090(CUB)(CUX)-1A and effective on July 9, 2013. The establishment continues to be a public nuisance with no indication that its operators, who have had so many opportunities, would in good faith be able to manage the restaurant/nightclub in a manner that complies with all previouslyimposed conditions of operation. 3.

Has resulted in repeated nuisance activities. The Police investigations have revealed ongoing violations of the conditions imposed by the City (ZA 2012-90-CUB-CUX-1A), including non-compliance associated with; minimum number of State licensed security officers on-site, patrons in the restaurant/nightclub after 10:00 p.m. shall be aged 21 and older; patrons aged 21 and older entering the restaurant/nightclub after 8:00 p.m. shall receive a hand stamp for purpose of identification for nightclub activity, noise impacts, expansion of designated dance floor area including dancing on patio which is prohibited, use of outdoor patio after 10:00 p.m., use of outside promoters for nightclub activity, business operating as a nightclub not providing a menu posting or advertising food service; pole dancing for purpose of providing adult entertainment, no evidence of operator or employees receiving STAR training; no effort made by establishment to control any unnecessary noise made by restaurant staff, contracted employees, equipment of the restaurant or noise associated with the operation. No evident attempt by the property owner, operator and employees has been made to abide by all the operating conditions set forth in Zoning Administrator’s determination and Central Area Planning Commission action, Case No. ZA 20120090(CUB)(CUX)-1A, despite repeated warnings, visits and arrests made by the Police. The weight of the evidence, both written and oral, as well as the number of arrests and calls for service, clearly demonstrates the ongoing nuisance activities of the location and a lack of action by the operator and property owner to discourage nuisance activity. The operator has not conducted the business in a manner which is responsive to the imposed conditions and has shown no attempt at a genuine committed effort to improve the operation of the restaurant/nightclub.

4.

Violates any provision of this chapter, or any other city, state or federal regulations, ordinance or statute The record includes a detailed account of Police investigations and arrests as well as the repeated documented violations of conditions imposed by the City and the State Alcoholic Beverage Control. Condition No. 9 imposed that all patrons in the premises shall be at least 21 years of age after 10 p.m. Police record showed that on at least three occasions that the operator sublet the premises to club promoters for college nights or 18 years and over events on August 14, 2015, September 12, 2015, and September 24, 2015. City and State regulations prohibit the sales and dispensing of alcoholic beverages to minors and person under 21, and City’s conditional use regulates even further by barring patrons of under 21 of age

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entering the premises after 10 p.m. These regulations and conditions are all in place to prohibit the alcohol consumption of minors. The operator has however disregarded the State law, ignored City’s conditional use and provided the access of alcohol to minors and intoxicated them. Further, the intent of Condition No 9 is to protect the all minors, therefore, no one of an age under 21 shall be on the premises after 10 p.m. The operator consistently employed minors working after 10 p.m. Police record also shows that a dancer with an age of 20 working at the premises when it was a strip club resulted in an arrest on a prostitution charge, and a DJ with an age of 20 working at the premises was shot by a fire arm. The operator has exhibited a disregard to the State and City laws and failed to protect minors. The Department of Building and Safety with the support of LAPD Vice Hollywood Division conducted an inspection of premises on September 12, 2015 and issued an Order to Comply and Notice of Fee for documented violations of Conditional Use Permit (CUP) No. ZA 2012-90-CUB-CUX-1A to include Conditions No(s). 2 (use and development of property shall be in substantial conformance with the plot plan submitted and marked Exhibit “A”), 7 (outdoor patio shall be closed after 10:00 p.m.), 8 (maintain a minimum of 371 seats for indoor dining at all hours), 9 (patrons shall be 21 or older after 10:00 p.m. with visible hand stamping), 11 (No beverage of any kind on dance floor), 21 (dancing shall be restricted to dance floor, no objects including foreign shall be placed on dance floor; no live music played on outdoor patio including speakers for amplified sound, dancing is prohibited on patio). On July 24, 2014, the current establishment was issued an Alcohol Beverage License Type 47 for on-sale general eating place which requires the premises be maintained as a bona fide restaurant and provide a menu with an assortment of foods normally offered in restaurants. The business operator has proven to regularly conduct the operation and activities associated with the site as a nightclub operation which requires a Type 48 License issued by Alcoholic Beverage Control. Additional violations of the Los Angeles Municipal Code included, unapproved construction of an approximately 66-foot long metal frame awning on exterior deck of building, electrical work done without the required permits and approval, unapproved wall structures attached to hand rails in patio and exit area, maintenance and repair of existing building including replacing missing electrical covers in ceiling, repair ice maker and provide protection from exposed live parts and remove or repair platform for ice maker that has rotted or become damaged. Documented evidence and investigations of multiple City Departments suggests that there is cause for revocation of the restaurant/nightclub use including suspension or revocation of the alcohol license and alleges that the continuance of the license would be contrary to public welfare and/or morals. Police arrest and investigative reports cite multiple violations of the CUB operating conditions occurring between July 3, 2015 and September 24, 2015 with the homicide of an underage off-duty employee occurring after 10:00 p.m. on the premises on August 21, 2015.

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Prior governmental efforts to cause the owner or operator to eliminate the problems associated with the use or discretionary zoning approval have failed (examples include formal action, such as arrest and citations, by the Police Department, Order to Comply Notice by Department of Building and Safety, the Director, Zoning Administrator or City Planning Commission, or any other governmental agency) The City has conducted at least two public hearings, including the initial approval of a Conditional Use to permit the sale and dispensing of a full line of alcoholic beverages for on-site consumption, with live entertainment and patron dancing in conjunction with an existing restaurant with prohibition against the use of outdoor patio after 10:00 p.m. The decision resulted in the imposition of a number of conditions. Said case was appealed to the Central Area Planning Commission by the property owner (same as current property owner/operator) requesting in summary modification of Condition Nos. 7, 26 and 39 to allow for increased seating for patrons from 371 to 499, outdoor use of patio after 10:00pm, primary entrance to site be located on Hollywood Boulevard and to locate valet service for drop-off and pic-up on Hollywood Boulevard. The appeal was denied by the Area Planning Commission. Prior governmental efforts to cause the owner or operator to eliminate the nuisance problems associated with the use and exhibit condition compliance have failed as documented by the excessive number of arrest reports and calls for service by the Los Angeles Police Department. The current business operator and his legal representative attended the most recent hearing. No other constructive measures were proposed by the operator or property owner. All parties were given an opportunity to review the file and comment subsequent to the hearing with a deadline for comments announced at the hearing. No further information was provided on behalf of the operator or property owner after the hearing. There has been no discernible improvement of the operation, even after the repeated actions of the Police Department with respect to its investigation and arrests. There has also been no demonstrable effort to correct or address any of the violations identified. Therefore, the Zoning Administrator concludes that the business owner and the property owner have failed to comply with the most significant conditions imposed and have further violated other State regulations as these pertain to the Conditional Use Permit. There have been numerous opportunities given the owner and the operator to show that an attempt to comply was attempted with no positive results. There is no evidence indicating any substantial improvement in the operation of the restaurant/nightclub. There has also been no reduction of City resources needed to respond to or to monitor the operation including actions taken by LAPD subsequent to the Public Hearing for Nuisance Abatement/Possible Revocation held on October 22, 2015 by which an outside promoter was hired to promote “The Haunted Castel Halloween” event taking place on Saturday October 31, 2015 9:00 p.m. - 2:00 a.m. The event

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resulted in the business owner/operator arrested for violations of the CUP Condition Nos. 7 (outdoor patio shall be closed after 10:00 p.m.), 8 (maintain a minimum of 371 seats for indoor dining at all hours), 9 (patrons shall be 21 or older after 10:00 p.m. with visible hand stamping),18 (operating as a nightclub not a restaurant with a full operating kitchen and menu),19 (primary business of establishment is the sale of food), 20 (no outside promoters), 21 (dancing shall be restricted to dance floor, no objects including foreign shall be placed on dance floor; no live music played on outdoor patio including speakers for amplified sound, dancing is prohibited on patio) and Alcoholic Beverage Control license violation for dispensing alcoholic beverages from adulterated/poisonous alcoholic beverage bottles. 6.

The owner or operator has failed to demonstrate to the satisfaction of the Director, the willingness or ability to eliminate the problems associated with the use or discretionary zoning approval. There has been no demonstrable effort shown by the operator or owner to comply or try to understand more thoroughly the significance of the terms and conditions of the nuisance abatement actions issued by the City. This action does not prevent the location from operating other commercial use permitted by the underlying zone. The restaurant/nightclub operation has created ongoing problems for the community and for the limited Police and City resources. The track record of compliance with conditions of existing Conditional Use Permit remains unchanged. No effort was made by the operator or the property owner to pursue compliance or insure that the most significant conditions were observed. Therefore, revocation of the restaurant/nightclub use with alcohol sales is warranted and necessary.

The Zoning Administrator hereby finds, on behalf of the Director of Planning, that the record and the repeated administrative attempts made to improve the operation of the restaurant/nightclub, with its alcohol sales, have not resulted in the elimination of the problems associated with the use. The use of the property as a restaurant/nightclub with the sale of alcohol is hereby ordered discontinued. It is the purpose of these proceedings, under Ordinance No. 171,740, to provide a just and equitable method to be cumulative with and in addition to any other remedy available for the abatement of public nuisance activities. It is further determined that the instant action by the Zoning Administrator is in compliance with Section 12.27.1 of the Municipal Code and has been conducted so as not to impair the constitutional right of any person. All of the procedures followed as a part of this action conform to the Municipal Code. The property owner and the operator of the premises have been provided notice of these proceedings and have been afforded the opportunity to review the file in advance of the hearing which was duly noticed and to testify at the hearing and respond to the allegations concerning the impacts of the operation of Cashmere Nightclub (also known as The Day After).

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APPEAL PERIOD - EFFECTIVE DATE The Zoning Administrator's determination in this matter will become effective after JANUARY 4, 2016, unless an appeal therefrom is filed with the City Planning Department. It is strongly advised that appeals be filed early during the appeal period and in person so that imperfections/incompleteness may be corrected before the appeal period expires. Any appeal must be filed on the prescribed forms, accompanied by the required fee, a copy of the Zoning Administrator's action, and received and receipted at a public office of the Department of City Planning on or before the above date or the appeal will not be accepted. Forms are available on-line at http://planninq.lacity.orH. Public offices are located at: Figueroa Plaza 201 North Figueroa Street, 4th Floor Los Angeles, CA 90012 (213) 482-7077

Marvin Braude San Fernando Valley Constituent Service Center 6262 Van Nuys Boulevard, Room 251 Van Nuys, CA 91401 (818) 374-5050

If you seek judicial review of any decision of the City pursuant to California Code of Civil Procedure Section 1094.5, the petition for writ of mandate pursuant to that section must be filed no later than the 90th day following the date on which the City's decision became final pursuant to California Code of Civil Procedure Section 1094.6. There may be other time limits which also affect your ability to seek judicial review.

Inquiries regarding this matter shall be directed to Aleta James, Planning Staff for the Office of Zoning Administration at (213) 978-1368.

MICHAEL LOGRANDE Director of Planning

JACK CHIANG { / Associate Zoning Administrator JC:AJ:lmc cc:

Councilmember Mitch O’Farrell Thirteenth District Adjoining Property Owners

CITY OF LOS ANGELES

COUNTY CLERK'S USE

CITY CLERK’S USE

OFFICE OF THE CITY CLERK 200 NORTH SPRING STREET, ROOM 360 LOS ANGELES, CALIFORNIA 90012

CALIFORNIA ENVIRONMENTAL QUALITY ACT

NOTICE OF EXEMPTION (California Environmental Quality Act Section 15062) Filing of this form is optional. If filed, the form shall be filed with the County Clerk, 12400 E. Imperial Highway, Norwalk, CA 90650, pursuant to Public Resources Code Section 21152 (b). Pursuant to Public Resources Code Section 21167 (d), the filing of this notice starts a 35-day statute of limitations on court challenges to the approval of the project. Failure to file this notice with the County Clerk results in the statute of limitations being extended to 180 days.____________________________________________________________ LEAD CITY AGENCY COUNCIL DISTRICT

City of Los Angeles Department of City Planning

13

PROJECT TITLE

LOG REFERENCE ENV-2015-3462-CE

Revocation Action PROJECT LOCATION

6757 West Hollywood Boulevard DESCRIPTION OF NATURE, PURPOSE, AND BENEFICIARIES OF PROJECT:

Mitigate nuisance activities on-site and upon adjacent properties by imposition of conditions and/or revocation of use NAME OF PERSON OR AGENCY CARRYING OUT PROJECT, IF OTHER THAN LEAD CITY AGENCY: CONTACT PERSON

AREA CODE |TELEPHONE NUMBER 213-978-1458

Tim Fargo

|

EXT.

EXEMPT STATUS: (Check One) STATE CEQA GUIDELINES

CITY CEQA GUIDELINES



MINISTERIAL

Sec. 15268

Art. II, Sec. 2b

o

DECLARED EMERGENCY

Sec. 15269

Art. II, Sec. 2a (1)



EMERGENCY PROJECT

Sec. 15269 (b) & (c)

Art. II, Sec. 2a (2) & (3)



CATEGORICAL EXEMPTION

Sec. 15300 et seq.

Art. Ill, Sec. 1

Y

GENERAL EXEMPTION

Sec. 15060

n/a

Class □

OTHER

21

Category

2

(City CEQA Guidelines)

(See Public Resources Code Sec. 21080 (b) and set forth state and City guideline provision.

JUSTIFICATION FOR PROJECT EXEMPTION: IF FILED BY APPLICANT, ATTACH CERTIFIED DOCUMENT ISSUED BY THE CITY PLANNING DEPARTMENT STATING THAT THE DEPARTMENT HAS FOUND THE PROJECT TO BE EXEMPT. SIGNATURE

TITLE

DATE

6b) FEE:

RECEIPT NO.

V3o/JLotS’ REC'D. BY

DISTRIBUTION: (1) County Clerk, (2) City Clerk, (3) Agency Record Rev. 11-1-03 Rev. 1-31-06 Word

IF FILED BY THE APPLICANT:

NAME (PRINTED)

DATE

SIGNATURE

DATE