:rt¥"'.oi='.Los ANGE'L

I

FRANK T. MARTINEZ City Clerk

:rt¥"'.oi='.Los ANGE'L . )

Office of the

KAREN E. KALFAYAN Executive Officer

When making inquiries relative to this matter refer to File No.

CALIFORNIA CITY CLERK Council and Public Services

Room 395, City Hall Los Angeles, CA 90012

Council File Information - (213) 978-1044 General Information - (213) 978-1133

Fax: (213) 978-1040

CLAUDIA M. DUNN

04-0122 ANTONIO R. VILLARAIGOSA

MAYOR

Chief, Council and Public Services Division

CD 13

April 13, 2006

Councilmember Garcetti Office of Zoning Administration Bureau of Engineering,

Land Development Group Department of Transportation, Traffic/Planning Section

Police Department

Los Angeles County Assessor Kenneth Hahn Hall of Administration 500 W. Temple Street, Room 225 Los Angeles, CA 90012-2770

Department of Building and Safety c/o Zoning Coordinator cc: Residential Inspection Unit

Bureau of Street Lighting "B" Permit Section

Fire Department

SEE ATTACHED LIST FOR ADDITIONAL NOTIFICATIONS

RE: AN APPEAL ON CONDITIONS OF APPROVAL IMPOSED BY THE ZONING ADMINISTRATOR FOR NUISANCE ABATEMENT AT THE RESTAURANT/NIGHT CLUB FORMERLY KNOWN AS "CLUB BLUE" NOW "ELEMENT".AT 1642 LAS PALMAS AVENUE

At the meeting of the Council held APRIL 12, 2006, the following action was taken:

Attached report adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X Attached motion (-) adopted ........................... ·········------Attached resolution adopted .................................... _____ _ FORTHWITH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X Findings Adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X Categorically exempt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X

City Clerk kw

AN EQUAL EMPLOY~ENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER

TO THE COUNCIL OF THE CITY OF LOS ANGELES

Your

reports as follows:

PLANNING AND LAND USE MANAGEMENT

FILE NO. 04-0122

Committee

Yes No Public Comments XX

CATEGORICAL EXEMPTION and PLANNING AND LAND USE MANAGEMENT COMMITIEE REPORT relative to an appeal on Conditions of Approval imposed by the Zoning Administrator for nuisance abatement at restaurant/night club formerly known as Club Blue now "Element' located at 1642 Las Palmas Avenue.

Recommendations for Council action:

1. FIND that this action is categorically exempt from California Environmental Quality Act pursuant to Article VII, Section 1, Class 21 (2) of the City's Environmental Guidelines.

2. ADOPT the FINDINGS of the Planning and Land Use Management Committee as the Findings of Council.

3. RESOLVE TO GRANT APPEAL filed by James Sinclair from part of the determination of the Zoning Administrator in requiring that certain Conditions of Approval be. retained, modified or added in order to mitigate adverse impacts caused by the operation of the business formerly known as Club Blue now operating as "Element" located at 1642 Las Palmas Avenue, and THEREBY APPROVE the use subject to Conditions of Approval, as modified and attached to this Committee report, to revise Conditions Nos. 9, 20, 40, and 41, and to add Condition No. 43 which requires that the applicant for the business file a new application for a Conditional Use Permit no later than 90 days (or three-months), after the effective date of this action by the City Council.

Applicant: City of Los Angeles (Office of Zoning Administration) DIR 2003-3688 (RV)(PA1)

Fiscal Impact Statements: None submitted by the Zoning Administrator. Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.

TIME LIMIT FILE -APRIL 21, 2006

(LAST DAY FOR COUNCIL ACTION - APRIL 21, 2006)

Summary: On March 28, 2006, the Planning and Land Use Management Committee conducted a public hearing on an appeal filed by James Sinclair, Operator (Robert L. Glushon, Representative), from part of the determination of the Zoning Administrator, in imposing certain Conditions to be retained, modified or added, and requiring a full menu during all business hours; a maximum occupancy of 400 persons; and requiring the business to close by 12 midnight for operation of the business formerly known as Club Blue now operating as "Element" located at 1642 Las Palmas Avenue in Council District 13.

The Zoning Administrator (ZA) reported that Element provides for the sale of alcoholic beverages and conducts public dancing under previous approvals by the City. According to the ZA, during the use as Club Blue, the facility operated in a fashion that constituted a public nuisance, and corrective conditions were imposed by the City. One of the conditions required the business operator to file a Plan Approval application in 6 months. The ZA reported

after not hearing from the operator of Club Blue, he initiated a public hearing in March 2005. At the hearing, a new operator Mr. Sinclair (of the business now known as Element), attended the hearing. The ZA reported that Mr. Sinclair had just started operating the business either a few days, or maybe a couple of weeks prior to the hearing. In addition, it was reported that Mr. Sinclair indicated knowledge of the conditions, but had not file the Plan Approval application, as required.

The ZA reported that the purpose of the public hearing was to address issues related to compliance, and that the hearing was not intended as forum to consider request by the operator for abandonment of conditions. The ZA reported that one of the Conditions requires occupancy limited to 400 persons. He stated that Mr. Sinclair, as new operator), wanted to increase the occupancy to 650. Another condition limited the operations to 12 midnight. The operator requested that an increase in operating hours to 2 a.m. The ZA reported, that the case was held for approximately nine months for a copy of parking agreement, which he eventually received unsigned for an offsite location. According to the ZA, the applicant pledged that he would secure an agreement with a parking building in the area. The ZA reported, subsequent to the issuance of his determination, he was informed by the valet company of the parking building, that they would not, and never intimated that the company would enter into a parking agreement with Element.

According to the ZA, the operator/applicant in late fall, or early winter 2005 indicated that he had shut down (closed) the business, and was unable to reopen. Mr. Sinclair indicated he had 42 unemployed staff. He asked if there was anything the ZA could do to conclude his deliberations. The ZA reported, in an effort to complete his review, he worked the weekend. The ZA reported that he visited the Element which was opened. He reported that the applicant responded that the event was for a previous engagement, and that he rented the facility only for that night's engagement.

The ZA further reported that he received an e-mail from the Los Angeles Police Department (LAPD), Hollywood Division Captain in which stated the Commanding Officer wrote:

"I have received multiple complaints from clubs, neighbors and surrounding businesses. I would request that the CUP (Conditional Use Permit), not be modified at this time as to do has an adverse impact on the community. This issue is of very much importance to the LAPD."

The ZA further reported at the time of the hearing in March 2005, he got the sense that the business operations for "Element" were substantially different than former operations at Club Blue. The ZA further noted that his conclusions were based on some letters submitted by businesses in the area. However, in his review of the operation of Element, he looked for a menu, that he did not receive (as a sketchy menu) until June 2005. The ZA reported he checked the website for a menu or seating plan for the business. Neither was available on the website. The ZA reported that there is a requirement in a previous action for 200 seats at the business, to be furnished with silverware at all times. He reported that this does not show up on the website. The ZA indicated he had very little corroboration with the applicant/operator in nine months after the March 2005 hearing relative to compliance with the Conditions of Approval. The ZA reported, he still has no verification of a parking agreement or a menu which is required for the certificate of occupancy for a restaurant- Type #4 7 license ( open to persons under 21 years old). The ZA reported that the business currently operates between a legitimate restaurant, and a nightclub/event/banquet venue. The ZA concluded that the current grant for the CUP expires in December 2006. He stated that the applicant will need to come back before December in order to be able to serve alcohol and have dancing at the location. The ZA reiterated that the major features the applicant is requesting is a change in the Conditions ·of Approval which would allow an increase in occupancy from 400 to 650 persons, and for the hours of operation to be extended until 2 a.m. The ZA reported he has not considered these requested changes, as the operation of the restaurant has been inconsistent since the date of the public hearing in March 2005.

The appellant, Mr. James Sinclair, identified himself as the new owner of Element since the last revocation hearing. He reported that his operation has received support of the LAPD, the Fire Department, the Hollywood Hill West Neighborhood, Councilmember Eric Garcetti's Office (Council representative for subject Council District 13), as well as 63 stakeholders within a 500 feet radius of the Element, which include two churches and a school.

He reported that many businesses in the area are owner operated. Mr. Sinclair added that he has made many aesthetic improvements to the business and operates in a safe manner. Mr. Sinclair and his representative requested that the business conditions be reinstated to the Conditions prior to the revocation hearings for the establishment under Club Blue, to allow Element to remain competitive with similar business, and not to create financial hardship on the operator. Mr. Sinclair and his representative request modification to the following Conditions of Approval Nos. 9, 20, 40, 41, and to add Condition No. 43, as follows:

1. Condition 9: The seats for food service shall be until at least 11 :00 p.m. daily.

2. Condition 20: A full menu shall be available during all business hours. (DIR 2003-3688(RV)(PA 1)

3. Condition 40: The maximum occupancy of the business shall be 650 persons per the Fire Marshal.

4. Condition 41: No "after hours" use of the club is allowed. The business must be empty of patrons by 2:00 a.m. daily.

5. Condition 43 (Added): Although the existing Conditional Use Permit expires on December 7, 2006, Applicant shall file a new application for Conditional Use Permit no later than 90 days (threemonths) after the effective date of this action by the City Council:

Representatives from the LAPD (Vice and Alcohol and Beverage Coordinator) reported that at one point the location was problematic. LAPD staff reported that new operator Mr. Sinclair was found operating after 12 Midnight. LAPD staff reported that Mr. Sinclair was informed by LAPD, of the previous Condition No. 41 which prohibits operation after 12 Midnight. LAPD staff further reported that previously Mr. Sinclair had sought modification of 12 midnight closing time requirement with the City with the support of the LAPD. LAPD staff reported, that it is their belief that Mr. Sinclair intention was to modify the Conditions of Approval to allow the business to remain open until 2 a.m. LAPD staff further reported that Mr. Sinclair has been very active in the community and responsive to request made by the LAPD. LAPD staff reported that believed the business was permitted to stay open until 2 a.m., until Condition No. 41 limiting operations to 12 Midnight was brought to their attention. The LAPD staff concluded by reporting that the Department is in support of the operation remaining open until 2 a.m. since under the new operator the location has not been problematic. LAPD also reported that the Element has not received any citations or violations in the last inspection, and that Mr. Sinclair's personnel has attended standardized training for alcohol retailers provided by the LAPD Hollywood Division. In addition, the applicant has requested a three-month probation period, which the LAPD staff supported.

A representative for Mr. Sinclair reported that he previously requested if he could file a lawless revocation, or for a new Conditional Use Permit, to revise the conditions, and was told that he could not.

Two neighboring business owners, and a representative from the Hollywood Hill West Neighborhood Council provided testimony in support of the appeal filed by Mr. Sinclair. These speakers contented that Mr. Sinclair has cleaned the business up, and has created a very active and profitable business environment in the area.

No testimony was provided at the hearing from staff from Council District 13. In addition, no public testimony was provided at the hearing in opposition to the appeal.

After careful consideration of the documents in the file, and the testimony provided, the Committee recommended that Council grant the appeal filed by James Sinclair from part of the determination of the Zoning Administrator in requiring that certain Conditions of Approval be retained, modified or added in order to mitigate adverse impacts caused by the operation of the business formerly known as Club Blue now known as "Element" located at 1642 Las Palmas Avenue, and thereby approve the use, subject to Conditions of Approval as modified and attached to this Committee report, to revise Conditions Nos. 9, 20, 40, and 41, and modified to add Condition No. 43 which

• requires that the applicant shall file a new application for a Conditional Use Permit no later than 90 days ( or threemonths), after the effective date of this action by the City Council.

The matter is hereby transmitted to Council for review and disposition.

MEMBER REYES: HUIZAR: WEISS:

BG 3-28-04

VOTE YES ABSENT YES

Enc: DIR 2003-3688 (RV)(PA 1) Attachment: Conditions of Approval CD13 Note: (Notice has been published not

less than 24 days prior to the public hearing date pursuant to Sections 12.24 13 and 12.24 D2(b) of the Los Angeles Municipal Code)

#040122a

Respectfully submitted,

J<e.Pr ~ f1 ~l tJ E:t '::, ADOPTED

APR 1 2 2006

LOS ANGELES &!11 coureml vf<f~ff~

FORT~~\\'IT.H

CF 04-0122 DIR 2003-3688 RV PA1

State of California Dept. Of Alcoholic Beverage Control 3530 Wilshire Blvd., Ste. 1110 Los Angeles, CA 90013

Det. Luis Chavez 419 South Spring St. Los Angeles, CA 90013

Jam.es Sinclair Club Blue 1642 North Las Palmas Los Angeles, CA 90028

James Sinclair The Paja Group 9461 Charleville BL, #359 Beverly Hills, CA 90212

Robert Nudelman 1737 N. Whitley Ave. Hollywood, CA 90028

David Carlat 1017 N. La Cienega 81., #103 West Hollywood, CA 90069

Robert L. Glushon 15821 Ventura Blvd., #600 Encino, CA 91436

Elizabeth Peterson 6381 Hollywood Blvd., #570 Hollywood, CA 90028

Bruce Perdew 1334 Smalla Dr. Glendale, CA 91207

Paulo & Flora Greco Trust 4824 Los Feliz Blvd. Los Angeles, CA 90027

COUNCIL VOTE

Apr 12, 2006 10:06:33 AM, #4

ITEM NO. ~ c=I\ .. 1!,?-Voting on Item(s): tli-Roll Call

CARDENAS *GREUEL HAHN HUIZAR LABONGE PADILLA PARKS PERRY REYES ROSENDAHL SMITH WEISS WESSON ZINE GARCETTI Present: 11, Yes:

Yes Yes Yes Absent Yes Yes Absent Yes Yes Yes Yes Yes Yes Absent Absent

11 No: 0

Rev.se_ ..,onditions and Proposed Fin ___ 11..,-

as Modified by the Planning and Land Use Management Committee March 28, 2006 -Council File 04-0122-DIR 2003-3688(RV)(PA1)

1 . All other use, height and area regulations of the Municipal Code and all other applicable government/regulatory agencies shall be strictly complied within the development and use of the property, except as such regulations are herein specifically varied or required. (ZA 98-0399)

2. The use and development of the property shall be in substantial conformance with the plot plan submitted with the application and marked Exhibit "AB", except as may be revised as a result of this action. (DIR 2003-3688(RV)(PA 1)

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. (ZA 98-0399)

4. All graffiti on the site shall be removed or painted over to match the color of the wall surface to which it is applied within 24 hours of its occurrence. (ZA 98-0399)

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 included in the "notes" portion of the building any plans submitted to the Zoning Administrator, Md the Department of Building and Safety, or any other public agency for purposes of having a building permit or any license issued. (DIR 2003-3688(RV)(PA 1)

6. The authorization granted herein is for a period of 8 years from the effective date of the subject grant (December 7, 1998). Thereafter (December 7, 2006), the permit shall automatically expire and the applicant will be required to secure a new permit to continue the use. (ZA 98-0399) (Clarified 11-03)

7. Page 1 of the grant and all conditions of approval shall be printed on the building plans submitted to the Zoning Administrator and the Department of Building and Safety. (ZA 98--0399) (Deleted 11-03)

Condition Nos. 8-34 are volunteered by the applicant. (ZA 98-0399)

8. (Deleted 11-03)

9. There shall ahti-ays be 200 seats set for food service at all times during business hours. (ZA 98 .. 0399) The seats for food service shall be until at least 11 p.m. daily. (Per PLUM 2/06)

10. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. (ZA 98-0399)

11. (Deleted 11-03)

'CASE NO. DIR 2003-3..,"d, ... )(PA1) Council file No. 04-0122 • PAGE2

12. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of beverages. A menu may be posted, however. (ZA 98-0399)

13. There shall be no pool tables or coin operated game machines maintained upon the subject premises. (ZA 98-0399)

14. Alcoholic beverages shall not exceed 50% of the gross sales of food during any month. Records of food sales and alcohol sales shall be provided to the Zoning Administrator on a monthly basis. (DIR 2003-3688(RV)(PA 1)

15. The subject alcoholic beverage license shall not be exchanged for a public premise type license nor shall the premises be operated as a public premises. (ZA 98-0399)

16. The applicant shall hire a certified noise engineer who will determine the maximum level the interior music amplification can be set and still comply with the City Noise Ordinance. The report of the consultant shall be submitted to the Zoning Administrator for review and approval within 60 days of the effective date of this determination. The club m Music amplification shall be kept m within the level allowed by the City ordinance at all times. The double doors leading outside to the rear patio shall have automatic door closing devices added to ensure they are always kept closed. (DIR 2003-3688(RV)(PA1)

17. No private rooms or areas are allowed. All space of the business shall be open to the public unless there is a private function where all of the business is reserved. (ZA 98-0399)

18. There shall be no enclosed customer booths. If booths exist, they shall only be separated by a partition. (ZA 98-0399)

19. There shall be no sales of alcoholic beverages for off-site consumption.

20. A full menu shall be available until 11 p.m. during all business hours. (DIR 2003-3688(RV)(PA 1)

21. The licensee shall furnish the premises with tables and chairs at which food may be comfortably consumed and have cutlery, condiments and other eating utensils available for use by patrons. (ZA 98-0399)

22. No employees shall be permitted to accept money or any other thing of value from a customer or be employed for the specific purpose of sitting with or otherwise spending time with customers while in said premises. The licensee shall not provide or permit or make available either gratuitously or for compensation, male or female persons who act as escorts, companions or guests of or for the customers. (ZA 98-0399)

23. No employees shall solicit or accept any alcoholic or non-alcoholic beverage from

'CASE NO. DIR2003-3_o_, ___ )(PA1) Council file No. 04-0122 PAGE3

any customer while in the premises. (ZA 98-0399)

24. No advertising of elttb beverages is allowed. (DIR 2003-3688(RV)(PA 1)

25. The applicant shall not sublet the premises to "promoters" for nightclub activity. (ZA 98-0399)

26. The applicant may also maintain a live theater and music, motion picture, video screening, record release and listening parties, band and orchestral rehearsals as well as special events, provided all necessary permits and licenses, where required for such activities, are valid. (ZA 98-0399)

27. There shall be no minimum drink requirements. (ZA 98-0399)

28. No outside public telephone is permitted on site. Any public pay phone on the interior shall be located in an area within full view of the restaurant staff and not located within any restroom. (ZA 98-0399)

29. Plan Approval Review within three months. \\'ithin three months of the effective date of this determination, but not less than tvvo months, In October 2005, the applicant shall file a Plan Approval Review application ($549 577) for the purpose of evaluating the effecthteness of all Conditions of the action and whether the use continues to violate Conditions and continues to constitute a nuisance. A public hearing shall be held to hear from all departments and concemed parties. This hearing may result in the revocation of the use should it be determined that there is non compliance with the Conditions of approval and/or continued nuisance activities. Notification labels shall be provided by the O'i'mer/operator for owners and occupants within a 500--foot radius.

The applicant shall provide appropriate documentation to substantiate on-going compliance ofthe applicanhvith each of the Conditions contained herein at the time of filing the Plan Approval Revie·N application. Compliance can be determined based upon photographs, police records, receipts and other similar evidence. Modifications to Conditions, as appropriate, may be considered at this time and may include the expansion of hours. (DIR 2003-3688(RV)(PA 1)

30. Any future operator or owner for this site must file a new Plan Approval application to allow the City to review the "mode and character'' of a possible new restaurant.

31. Deliveries, trash pick up and parking lot cleaning are allowed only between the hours of 7 a.m. and 6 p.m. daily. (ZA 98-0399)

32. Any private rental use shall be required to be shown, sign for and follow all of the Conditions of this grant. (ZA 98-0399)

33. Proof of quarterly meetings with Hollywood Vice shall be submitted to the Zoning Administrator at the time of a plan approval revierN within 1 O days of their occurence. (Modified 11-03), (DIR 2003-3688(RV)(PA1))

'CASE NO. DIR 2003-3 __ -t- __ )(PA1) Council file No. 04-0122 • PAGE4

34. A copy of these Conditions shall be kept on site at all times. All employees shall be familiar with the Conditions. (ZA 98-0399)

35. Within 10 days of the effective date of this determination. a A parking plan shall be submitted to the Zoning Administrator for approval which will provide for new or additional off-street parking for the duration of the tteW use involved. At least 100 parking spaces shall be secured by exclusive leases at 6725 Sunset Boulevard and at 1715 Las Palmas Avenue for all hours of operations to the satisfaction of the Zoning Administrator. The applicant shall also provide evidence that such parking locations are registered with the Police Commission and the Office of Finance. (ZA 98-0399) (DIR 2003-3688(RV)(PA1)

36. The applicant shall develop a detailed security plan within 30 days of the effective date of this determination which shall be reviewed by Hollywood Vice and approved by the Zoning Administrator. The plan shall include: (ZA 98-0399)

a. T'welve Six State-licensed security officers at all times the elttb restaurant is open and until one hour after closing based on a maximum capacity of 400 and a ratio of three security guards per 100 patrons.

b. Selection of a security company from a list of at least 3 police approved companies.

c. The appropriate type of guard uniform and identification.

d. The review and approval of security guards by individual person's name if desired by the police.

e. The exact locations of security guards shall include: 6 inside, 4 outside the restaurant (2 in front, 1 in the side alley and 1 in the rear patio) and 1 each at the hvo leased off--site parking sites be determined to the Police Department with a copy of such plan provided to the Zoning Administrator upon its approval. (DIR 2003-3688(RV)(PA 1)

f. The hiring of a security supervisor with previous police or military police background.

g. Amount of training required for security personnel as specified by the police, the exact hours of security patrol before and after the business operates.

h. The type of drug awareness policy to follow when drug use is detected and patrons detained based on police procedures.

i. How to effectively move patrons from the elttb restaurant and disperse them without blocking streets or loitering next to the efttb restaurant after closing. (DIR 2003-3688(RV)(PA 1)

·cASE NO. DIR 2003-3_.,_, ... )(PA1) Council file No. 04-0122 PAGE5

j. Development of a management plan so club security prevents to preclude public drinking by patrons waiting in line to enter the club. The goal of these 10 "performance" standards is to develop a well trained "pro active" security force which prevents public nuisances at the business. (DIR 2003-3688(RV)(PA 1)

37. Signs shall be limited to the minimum necessary to identify the name of the subject business establishment. (ZA 98-0399)

38. The adjacent alley and public street sidewalk shall be swept on a daily basis after the close of business. (Modified 11-03)

39. No use of the alley is allowed. The applicant shall develop a "control" plan with review by Hollywood Vice showing where patrons will line up, how they will be kept in an orderly line, and how many security would be used to control the patrons. No efttb patrons are allowed to stand in any public street adjacent to the site. The sidewalk on Las Pal mas must kept open at all times by efttb security personnel for the easy access of the general public. (DIR 2003-3688(RV)(PA 1)

40. The maximum occupancy of the business shall be 400 persons. (ZA 98-0399) 650 persons per the Fire Marshall. (Per PLUM 2/06)

41. No "after hours" use of the club restaurant is allovved. The business must empty of patrons by 12 midnight daily. (DIR 2003-3688(RV)(PA1)

No "after hours" use of the club is allowed. The business must be empty of patrons by 2 a.m. daily. (Per PLUM 2/06)

42. Valet parking mttSt may be offered after 6 p.m. and no double parking is allowed on public streets. Off-site parking of cars by valets shall not be on public streets. The location of valet parking sites and agreements for such sites shall be submitted to the Zoning Administrator within 10 days of the effective date of this determination. (DIR 2003-3688(RV)(PA 1)

43. The property owner shall provide a cashier's cheek payable to the City of Los Angeles in accordance with Section 19.01-P of the Los Angeles Municipal Code, within 30 days ofthe effective date ofthis determination. (DIR 2003-3688(RV)(PA1)

Although the existing Conditional Use Permit expires on December 7. 2006. the applicant shall file a new application for Conditional Use Permit no later than 90 days after the effective date of this action by the City Council. (Per PLUM 2/06)

44. The property owner shall record a covenant acknowledging and agreeing to comply with all the terms and conditions established herein in the County Recorder's Office. The agreement (standard master covenant and agreement form CP-6770) shall run with the land and shall be binding on any subseguent owners. heirs or assigns. The agreement with the conditions attached must be submitted to the Zoning Administrator for approval before being recorded. After recordation. a certified copy

'CASE NO. DIR 2003-3 __ ~ ,- _ ){PA1) Council file No. 04-0122 PAGE6

bearing the Recorder's number and date shall be provided to the Zoning Administrator for attachment to the subject case file. (DIR 2003-3688(RV)(PA 1)

FINDINGS

The City Council finds that the revised conditions of approval are appropriate and in the public interest and welfare based on the testimony and support from the Los Angeles Police Department, the area's certified Neighborhood Council and adjacent businesses. Further, because the underlying Conditional Use Permit will expire on December 7, 2006, the applicant will have to apply for a new Conditional Use Permit which will provide for a public hearing and review of conditions of approval.

#040122a.confin


:1TY OF Los ANGELE Office of the



CALIFORNIA CITY CLERK Council and Public Services


Council File Information. (213) 978-1044 General Information· (213) 978-1133

Fax: (213) 978-1040

CLAUDIA M. DUNN

04-0122 ANTONIO R. VILLARAIGOSA

MAYOR

Chief, Council and Public Services Division

CD 13

April 13, 2006

Councilmember Garcetti Office of Zoning Administration Bureau of Engineering,

Land Development Group Department of Transportation, Traffic/Planning Section

Police Department

Los Angeles County Assessor Kenneth Hahn Hall of Administration 500 W. Temple Street, Room 225 Los Angeles, CA 90012-2770

Department of Building and Safety c/o Zoning Coordinator cc: Residential Inspection Unit

Bureau of Street Lighting "B" Permit Section

Fire Department

SEE ATTACHED LIST FOR ADDITIONAL NOTIFICATIONS

RE: AN APPEAL ON CONDITIONS OF APPROVAL IMPOSED BY THE ZONING ADMINISTRATOR FOR NUISANCE ABATEMENT AT THE RESTAURANT/NIGHT CLUB FORMERLY KNOWN AS "CLUB BLUE" NOW "ELEMENT".AT 1642 LAS PALMAS AVENUE

At the meeting of the Council held APRIL 12, 2006, the following action was taken:

Attached report adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X Attached motion (-) adopted ................................ ····------Attached resolution adopted ................................ ····------FORTHWITH. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X Findings Adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X Categorically exempt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X

City Clerk kw

AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER


Your

reports as follows:


FILE NO. 04-0122

Committee


CATEGORICAL EXEMPTION and PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to an appeal on Conditions of Approval imposed by the Zoning Administrator for nuisance abatement at restaurant/night club formerly known as Club Blue now "Element" located at 1642 Las Palmas Avenue.


1. FIND that this action is categorically exempt from California Environmental Quality Act pursuant to Article VII, Section 1, Class 21(2) of the City's Environmental Guidelines.

2. ADOPT the FINDINGS of the Planning and Land Use Management Committee as the Findings of Council.

3. RESOLVE TO GRANT APPEAL filed by James Sinclair from part of the determination of the Zoning Administrator in requiring that certain Conditions of Approval be. retained, modified or added in order to mitigate adverse impacts caused by the operation of the business formerly known as Club Blue now operating as "Element" located at 1642 Las Palmas Avenue, and THEREBY APPROVE the use subject to Conditions of Approval, as modified and attached to this Committee report, to revise Conditions Nos. 9, 20, 40, and 41, and to add Condition No. 43 which requires that the applicant for the business file a new application for a Conditional Use Permit no later than 90 days ( or three-months), after the effective date of this action by the City Council.

Applicant: City of Los Angeles (Office of Zoning Administration) DIR 2003-3688 (RV)(PA1)


TIME LIMIT FILE -APRIL 21, 2006

(LAST DAY FOR COUNCIL ACTION - APRIL 21, 2006)

Summary: On March 28, 2006, the Planning and Land Use Management Committee conducted a public hearing on an appeal filed by James Sinclair, Operator (Robert L. Glushon, Representative), from part of the determination of the Zoning Administrator, in imposing certain Conditions to be retained, modified or added, and requiring a full menu during all business hours; a maximum occupancy of 400 persons; and requiring the business to close by 12 midnight for operation of the business formerly known as Club Blue now operating as "Element" located at 1642 Las Palmas Avenue in Council District 13.

The Zoning Administrator (ZA) reported that Element provides for the sale of alcoholic beverages and conducts public dancing under previous approvals by the City. According to the ZA, during the use as Club Blue, the facility operated in a fashion that constituted a public nuisance, and corrective conditions were imposed by the City. One of the conditions required the business operator to file a Plan Approval application in 6 months. The ZA reported

' .

after not hearing from the operator of Club Blue, he initiated a public hearing in March 2005. At the hearing, a new operator Mr. Sinclair (of the business now known as Element), attended the hearing. The ZA reported that Mr. Sinclair had just started operating the business either a few days, or maybe a couple of weeks prior to the hearing. In addition, it was reported that Mr. Sinclair indicated knowledge of the conditions, but had not file the Plan Approval application, as required.

The ZA reported that the purpose of the public hearing was to address issues related to compliance, and that the hearing was not intended as forum to consider request by the operator for abandonment of conditions. The ZA reported that one of the Conditions requires occupancy limited to 400 persons. He stated that Mr. Sinclair, as new operator), wanted to increase the occupancy to 650. Another condition limited the operations to 12 midnight. The operator requested that an increase in operating hours to 2 a.m. The ZA reported, that the case was held for approximately nine months for a copy of parking agreement, which he eventually received unsigned for an offsite location. According to the ZA, the applicant pledged that he would secure an agreement with a parking building in the area. The ZA reported, subsequent to the issuance of his determination, he was informed by the valet company of the parking building, that they would not, and never intimated that the company would enter into a parking agreement with Element.

According to the ZA, the operator/applicant in late fall, or early winter 2005 indicated that he had shut down (closed) the business, and was unable to reopen. Mr. Sinclair indicated he had 42 unemployed staff. He asked if there was anything the ZA could do to conclude his deliberations. The ZA reported, in an effort to complete his review, he worked the weekend. The ZA reported that he visited the Element which was opened. He reported that the applicant responded that the event was for a previous engagement, and that he rented the facility only for that night's engagement.

The ZA further reported that he received an e-mail from the Los Angeles Police Department (LAPD), Hollywood Division Captain in which stated the Commanding Officer wrote:

"I have received multiple complaints from clubs, neighbors and surrounding businesses. I would request that the CUP (Conditional Use Permit), not be modified at this time as to do has an adverse impact on the community. This issue is of very much importance to the LAPD."

The ZA further reported at the time of the hearing in March 2005, he got the sense that the business operations for "Element" were substantially different than former operations at Club Blue. The ZA further noted that his conclusions were based on some letters submitted by businesses in the area. However, in his review of the operation of Element, he looked for a menu, that he did not receive (as a sketchy menu) until June 2005. The ZA reported he checked the website for a menu or seating plan for the business. Neither was available on the website. The ZA reported that there is a requirement in a previous action for 200 seats at the business, to be furnished with silverware at all times. He reported that this does not show up on the website. The ZA indicated he had very little corroboration with the applicant/operator in nine months after the March 2005 hearing relative to compliance with the Conditions of Approval. The ZA reported, he still has no verification of a parking agreement or a menu which is required for the certificate of occupancy for a restaurant- Type #47 license ( open to persons under 21 years old). The ZA reported that the business currently operates between a legitimate restaurant, and a nightclub/event/banquet venue. The ZA concluded that the current grant for the CUP expires in December 2006. He stated that the applicant will need to come back before December in order to be able to serve alcohol and have dancing at the location. The ZA reiterated that the major features the applicant is requesting is a change in the Conditions of Approval which would allow an increase in occupancy from 400 to 650 persons, and for the hours of operation to be extended until 2 a.m. The ZA reported he has not considered these requested changes, as the operation of the restaurant has been inconsistent since the date of the public hearing in March 2005.

The appellant, Mr. James Sinclair, identified himself as the new owner of Element since the last revocation hearing. He reported that his operation has received support of the LAPD, the Fire Department, the Hollywood Hill West Neighborhood, Councilmember Eric Garcetti's Office (Council representative for subject Council District 13), as well as 63 stakeholders within a 500 feet radius of the Element, which include two churches and a school.

He reported that many businesses in the area are owner operated. Mr. Sinclair added that he has made many aesthetic improvements to the business and operates in a safe manner. Mr. Sinclair and his representative requested that the business conditions be reinstated to the Conditions prior to the revocation hearings for the establishment under Club Blue, to allow Element to remain competitive with similar business, and not to create financial hardship on the operator. Mr. Sinclair and his representative request modification to the following Conditions of Approval Nos. 9, 20, 40, 41, and to add Condition No. 43, as follows:

1. Condition 9: The seats for food service shall be until at least 11 :00 p.m. daily.

2. Condition 20: A full menu shall be available during all business hours. (DIR 2003-3688(RV)(PA 1)

3. Condition 40: The maximum occupancy of the business shall be 650 persons perthe Fire Marshal.

4. Condition 41: No "after hours" use of the club is allowed. The business must be empty of patrons by 2:00 a.m. daily.

5. Condition 43 (Added): Although the existing Conditional Use Permit expires on December 7, 2006, Applicant shall file a new application for Conditional Use Permit no later than 90 days (threemonths) after the effective date of this action by the City Council.

Representatives from the LAPD (Vice and Alcohol and Beverage Coordinator) reported that at one point the location was problematic. LAPD staff reported that new operator Mr. Sinclair was found operating after 12 Midnight. LAPD staff reported that Mr. Sinclair was informed by LAPD, of the previous Condition No. 41 which prohibits operation after 12 Midnight. LAPD staff further reported that previously Mr. Sinclair had sought modification of 12 midnight closing time requirement with the City with the support of the LAPD. LAPD staff reported, that it is their belief that Mr. Sinclair intention was to modify the Conditions of Approval to allow the business to remain open until 2 a.m. LAPD staff further reported that Mr. Sinclair has been very active in the community and responsive to request made by the LAPD. LAPD staff reported that believed the business was permitted to stay open until 2 a.m., until Condition No. 41 limiting operations to 12 Midnight was brought to their attention. The LAPD staff concluded by reporting that the Department is in support of the operation remaining open until 2 a.m. since under the new operator the location has not been problematic. LAPD also reported that the Element has not received any citations or violations in the last inspection, and that Mr. Sinclair's personnel has attended standardized training for alcohol retailers provided by the LAPD Hollywood Division. In addition, the applicant has requested a three-month probation period, which the LAPD staff supported.

A representative for Mr. Sinclair reported that he previously requested if he could file a lawless revocation, or for a new Conditional Use Permit, to revise the conditions, and was told that he could not.

Two neighboring business owners, and a representative from the Hollywood Hill West Neighborhood Council provided testimony in support of the appeal filed by Mr. Sinclair. These speakers contented that Mr. Sinclair has cleaned the business up, and has created a very active and profitable business environment in the area.

No testimony was provided at the hearing from staff from Council District 13. In addition, no public testimony was provided at the hearing in opposition to the appeal.

After careful consideration of the documents in the file, and the testimony provided, the Committee recommended that Council grant the appeal filed by James Sinclair from part of the determination of the Zoning Administrator in requiring that certain Conditions of Approval be retained, modified or added in order to mitigate adverse impacts caused by the operation of the business formerly known as Club Blue now known as "Element" located at 1642 Las Palmas Avenue, and thereby approve the use, subject to Conditions of Approval as modified and attached to this Committee report, to revise Conditions Nos. 9, 20, 40, and 41, and modified to add Condition No. 43 which

requires that the applicant shall file a new application for a Conditional Use Permit no later than 90 days ( or threemonths), after the effective date of this action by the City Council.

The matter is hereby transmitted to Council for review and disposition.

MEMBER REYES:

VOTE YES ABSENT YES

HUIZAR: WEISS:

BG 3-28-04 Enc: DIR 2003-3688 (RV)(PA 1) Attachment: Conditions of Approval CD13 Note: (Notice has been published not


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DIR 2003-3688 RV PA1



J runes Sinclair Club Blue 1642 North Las Palmas Los Angeles, CA 90028

James Sinclair The Paja Group 9461 Charleville Bl., #359 Beverly Hills, CA 90212

Robert Nudelman 1737 N. Whitley Ave. Hollywood, CA 90028

David Carlat 1017 N. La Cienega Bl., #103 West Hollywood, CA 90069

Robert L. Glushon 15821 Ventura Blvd., #600 Encino, CA 91436



Paulo & Flora Greco Trnst 4824 Los Feliz Blvd. Los Angeles, CA 90027

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DIR2003-3688 (RV)(PAl)(lA) I 04-0l!!!meSUBPLEMENT TO APPEAL

VENUE LICENSE AGREEMENT

THIS VENUE LICENSE AGREEMENT ("Agreement") is entered into as of the date set forth above the signature blocks, by and between Element LA, a California limited liability company (''Element"), and Goldenvoice LLC, 5750 Wilshire Blvd., Suite 501, Los Angeles, CA 90036 (''Licensee").

Execution of this Agreement will grant Licensee a right to use the premises of Element at 1642 North Las Palmas, Los Angeles, California 90028, excluding the Element office (the "Venue Area"), for a particular event for a specified period of time. In no event shall the license granted herein be a grant of any interest in real property.

I. Venue License. Licensee has agreed to use, and Element has agreed to grant a license to Licensee to use the furniture, equipment, light and sound systems, dressing rooms, backstage area, lobby, restrooms on the event date, as hereinafter defined.

Licensee's event shall be on the following date(s) and time(s): November 12, 2005, including setup and tear down but not exceeding the 12 hour period commencing at 10 a.m PST on November 12, 2005 ( collectively, the ''Event Date"). The Licensee shall remove all property it brings to the Venue Area from the Venue Area immediately after the Event

Licensee's event is described as, and consists of the following performances or events: a musical concert (the "Event").

Subject to the other provisions of this Agreement, Licensee is authorized to sell merchandise on the Event Date, during the Event in the Venue Area All gross revenue from the sale of merchandise, net of sales taxes collected, shall be split per those terms as agreed to prior to the event.

2. Venue Rate. The fee for the license herein granted shall be Two Thousand Five Hundred Dollars ($2,500) (the "Venue Rate"). The fee shall be due at the agreed to settlement time, however such settlement shall take place after the closing of the event box office on the Event Date . In the event of cancellation of the Event for reasons other than force majeure or the negligence and/or willful misconduct of Element, the deposit shall be forfeited.

The Venue Rate includes the Venue Area in "as is" condition, utilities, customary security, maintenance, a venue manager and a bar and serving staff), that shall be determined by Element, but does not include any stage hands, light and sound technicians, production manager, ticket collectors and box office staff who shall be supplied by the Licensee where applicable and agreed to (and ifby Element, subject to payment at time of settlement in accordance with Section 2, Venue Rate), nor any amenities, staging, or any other equipment that Licensee may desire to use in connection therewith, including, without limitation, catering, decor, props, stage, sound, expanded security, and barricades.

3. Security. Due to the unique environment of the Venue Area, Element requires that Element security personnel be used during the Event. Element has certain minimum security requirements for the Venue Area which must be coordinated and utilized twenty-four hours a day. Element shall establish security requirements based upon the size and activity of Licensee's use of the Venue Area. The Venue Area during the Event shall be under the control of the Element venue manager, and Element shall be responsible for preparing and implementing a security plan to protect all persons within the Facility and areas adjacent thereto (e.g., parking lots, plaza areas, etc.), and Element shall hire, direct, supervise and assume responsibility for all security personnel. Element agrees and acknowledges that at no time and under no circumstance shall Licensee be liable or responsible for the activities and/or actions of the parties providing such security services.

4. Additional Permits I Licenses. Licensee or Licensee's employees, agents, or subcontractors, at Licensee's or such other person's sole cost and expense, shall procure all permits, approvals, consents, licenses and authorizations required by law in connection with Licensee's use of the Venue Area, however Licensee shall not be responsible for those permits, approvals, consents, licenses and authorizations normally required by Element to operate. Licensee shall pay on or before the due date thereof all taxes, fees, charges, and assessments , and penalties and interest thereof, if any levied in connection with Licensee's use of the Venue Area, with the exception of those taxes, fees, charges, and assessments of whatever kind or nature, and penalties and interest thereof . incurred by Element in the normal operation of the Venue.

5. Publicity and Advertising. Licensee is responsible for arranging all publicity and advertising which it deems appropriate to promote the Event..

6. Maintenance of Premises. Licensee agrees to keep the Venue Area and any surrounding areas used in connection therewith, in good condition and repair, and will, at the conclusion of the Event, surrender and return the same in equal repair, excepting ordinary wear and tear. Licensee shall produce the Event and otherwise conduct itself in accordance with all applicable federal, state and local laws and regulations relating to fire, health, sanitation and safety.

DIR 201:l3-368~)(1'(}.\l\ ,E~q~JSe~AY applicable) shall indemnify, defend imd~other and the other's affiliates and representatives (the ''Indemnitees") harmlessfrom all claims, demands, suits, action, proceedings, losses, fines, expenses, costs and damages(including attorneys' fees and litigation expenses ( collectively, "Claims"), which may be brought against or incurred by the Indemnitees for their breach of any provision of this Agreement, violation of any federal or state law (including, but not limited to violations of the Americans with Disabilities Act) and for any loss or damage to any property, for injuries to or death of any person, for nonpayment of taxes or fees of any kind or for failure to perform any other obligations under this Agreement caused by, arising out of, or contributed to, in whole or in part, by reason of any act, omission, professional error, fault, mistake, or negligence of the Indemnifying Party in connection with, incidental to or arising from the Event, which occurs in or about the Venue, including the building, its entrances, lobbies, exits, sidewalks, parking areas, streets and approaches adjoining the building during the period in which rights are granted by this Agreement except in such case the aforementioned Claims, arise out of (x) any such Indemnitees' breach of any of its obligations under this Agreement, or (y) the negligence and/or willful misconduct of any such Indemnitees.

8. Insurance. Licensee shall, at its sole cost and expense, procure and maintain in full force and effect, comprehensive general liability insurance insuring against loss, damage and liability for injury or death to persons, and loss of or damage to property, occurring in connection with Licensee's use of the Venue Area. Such insurance shall (i) be in an amount not less then $5,000,000 for injury or death of one person, $5,000,000 for injury or death of more than one person, and $5,000,000 for loss or damage to property, per accident or occurrence, (ii) name as additional insured Element, Licensee, and any other persons or entities as reasonably requested by Element and (iii) be in a form and with an insurance company licensed to provide such insurance in the State of California, , copies of the policies of insurance required hereunder or certificates evidencing the existence and amounts of such insurance being delivered to Element no later than 48 hours prior to the Event. Nothing in this section shall limit the liability or indemnification obligations of Licensee hereunder.

9. Attorneys' Fees. In the event of any action, suit or proceeding arising under or in connection with this Agreement, the prevailing party shall receive from the other party reasonable counsel fees and costs as determined by the Court or board of arbitration assuming jurisdiction.

I 0. Counterparts. This instrument may be executed in any number of counterparts, each of which when executed and delivered shall be an original, but all such counterparts shall constitute one and the same instrument.

Agreed and accepted this 11 111 day ofNovember2005.

Element LA, LLC, a California limited liability Company

By: __________ _

Name: ___________ _

Its: ------------

LICENSEE:

By: _________ _

Its: -------------

DIR 2003-3688 (RV)(PAl)(l~

SUPPLEMENT TO APPEAL - PACKAGE 1

In addition to the previously submitted appeal, the following items would like to be added to the file for review.

1/ SECURITY As discussed prior in the appeal and noted on by the zoning administrator, our security department is incredibly well trained and organized. The venue does not use novices whose sole credit is a guard card and instead finds security personnel with relevant experience and accreditation to ensure a safe and responsible environment for our consumers. Our security is required to focus on customer service and management combined with policy enforcement. Our security is trained to understand their primary position is to be visible and present, which a majority of the time is a critical deterrent to unruly actions by a consumer. Please find in DOCUMENT 1 our insurance binder for our security and detailed monies paid for the period September - November 2005 totaling an average nightly cost of $1600 for 17 security guards which is an average of $18p/h. This is in addition to our 6 in house personnel which would bring the average up to $2200 per night of operation.

2/ SUPPORT LETTERS In addition to the multiple support letters found in the original appeal, we have added another group of letters from local businesses that were unable to respond in time for the first filing. These new letters include the Selma Elementary School and the two church's mentioned in the Environmental Impact Study. They all have noted alongside the other businesses that since our take over there has been a dramatic improvement in this area and have had NO problems with our staff, venue or customers at any time. Furthermore, the business letters offered all repeat that we provide a considerable and dramatic economic benefit to this area that has been made abundantly clear during our closure. DOCUMENT 2

3/ FOOD VS LIQUOR In addition to the appeal which discusses in detail our food service, food reviews by major tabloids and our business model which relies on food as a source of revenue, we also provide the exact breakdown from our Point Of Sale Machine which shows our food to be at 54% to our liquor and 44.5% of our total revenues if room rentals and movie filming is included. We have also included a sample of events that have occurred at our space showing a 64% food to liquor ratio clearly identifying how serious our food sales are to our business on a day to day basis and on our special events. DOCUMENT 3.

4/ PARKING / VENUE ACCESS In addition to the provided parking lease due for execution on a the positive outcome of this appeal (due to the high cost of entering this agreement) we have also determined other avenues that prevent a build up of traffic or negatively impact the parking on our residential neighbors. Element Supper Club rigorously supports the Holly Trolley and will be attempting multiple scenarios to promote its usage and reward customers who choose to use alternative transportation aside from driving to visit our venue. Such scenarios have included a reduced food and drink price for Holly Trolley or Taxi customers, discounts at neighboring restaurants and the paying of customers parking at the Hollywood & Highland Complex where they board the

DIR 2003-3688 (RV)(PA1)(1A) I 04-0122 PAGE2

Holly Trolley. As this project is so new it is difficult to gauge success rates however we intend on being a venue that not only supports the scheme but also provides the much need promotion to ensure its longevity and usage by patrons.

Element Supper Club recognizes that DUI cases and public intoxication despite heavy efforts against it will continue to occur and therefore has started the process of expanding its "Safe Drive Home" program. Originally started in a very basic fashion to ensure that a staff member who felt a customer was heavily intoxicated and thinking about driving was placed in a taxi paid for by the venue is now due to expand to offer a shuttle service to its customers. In partnership with our adjacent parking lot who allow customers to come back to collect their cars the following day by 10am, our customers will now be able to jump into a shuttle, bonded and insured for livery vehicles to receive a safe and free passage home. DOCUMENT 4 shows some preliminary discussions with various vendors for this service.

DIR 2003-3688 (RV)(rn.l)(lA) I 04-0122- SUPPLEMENT TO APPEAL

2:05PM The Paja Group 02/06/06 Transaction Detail By Account Accrual Basis January through December 2005

Type Date Num Name Memo Cir Split Amount Balance

Security Check 115/2005 Ronin Security Group Security for 1 ... Cash 2,100.00 2,100.00 Credit Card Charge 3/16/2005 Crowd Control Expe ... Security American Expr. .. 774.37 2,874.37 Credit Card Charge 3/23/2005 Crowd Control Expe ... Security American Expr ... 442.00 3,316.37 Credit Card Charge 3/2412005 Crowd Control Expe ... Security American Expr ... 33.66 3,350.03 Credit Card Charge 3/31/2005 Crowd Control Expe ... Security American Expr ... 875.35 4,225.38 Credit Card Charge 4/1/2005 Crowd Control Expe ... Security American Expr ... 64.40 4,289.78 Bill 6/16'2005 100 Cutting Edge Protec ... 5/28/05-10 ... Accounts Paya ... 600.00 4,889.78 Bill 6/16'2005 100 Cutting Edge Protec ... 5/29/05 - 11 ... Accounts Paya ... 577.00 5,466.78 Bill 6/16'2005 100 Cutting Edge Protec ... 5/31/05 -10 ... Accounts Paya ... 600.00 6,066.78 Bill 6/16/2005 100 Cutting Edge Protec ... 6/4/05 -10 G ... Accounts Paya ... 525.00 6,591.78 Bill 9/27/2005 100 Cutting Edge Protec ... 9/22/05 - 20 ... Accounts Paya ... 1,515.00 8,106.78 Bill 9/27/2005 100 Cutting Edge Protec ... 9/23/05 - 20 ... Accounts Paya ... 1,350.00 9,456.78 Bill 9/27/2005 100 Cutting Edge Protec ... 9/24/05 - 20 ... Accounts Paya ... 1,500.00 10,956.78 Bill 10/1/2005 PCGO ... Prodigy Consulting ... 60 Day Secur ... Accounts Paya ... 250.00 11,206.78 Bill 10/1/2005 PCGO ... Prodigy Consulting .. Preferred Clie ... Accounts Paya ... -249.00 10,957.78 Check 10/3/2005 2066 Chris Kingen Security for 9/ ... Element Chee ... 540.00 11,497.78 Bill 10/412005 102 Cutting Edge Protec ... 9/27/05-2 s ... Accounts Paya ... 198.00 11,695.78 Bill 10/4/2005 102 Cutting Edge Protec ... 9/27/05-18 ... Accounts Paya ... 1,485.00 13,180.78 Bill 10/412005 102 Cutting Edge Protec ... 9/29/05 - 2 s ... Accounts Paya ... 162.00 13,342.78 Bill 10/4/2005 102 Cutting Edge Protec ... 9/29/05 - 15 ... Accounts Paya ... 675.00 14,017.78 Bill 10/412005 102 Cutting Edge Protec ... 9/30/05 - 2 s ... Accounts Paya ... 198.00 14,215.78 Bill 10/4/2005 102 Cutting Edge Protec ... 9/30/05 - 20 ... Accounts Paya ... 1,297.50 15,513.28 Bill 10/4/2005 102 Cutting Edge Protec ... 10/1/05 - 2 s ... Accounts Paya ... 225.00 15,738.28 Bill 10/412005 102 Cutting Edge Protec ... 10/1/05-18 ... Accounts Paya ... 1,372.50 17,110.78 Bill 10/412005 102 Cutting Edge Protec ... 10/2/05- 2 s ... Accounts Paya ... 216.00 17,326.78 Bill 10/412005 102 Cutting Edge Protec ... 10/2/05-11 ... Accounts Paya ... 772.50 18,099.28 Check 10/9/2005 Cutting Edge Protec ... Buyout of Tony Cash 1,500.00 19,599.28 Bill 10/10/2005 104 Cutting Edge Protec ... 10/4-2 Super. .. Accounts Paya ... 216.00 19,815.28 Bill 10/10/2005 104 Cutting Edge Protec ... 10/4-15 Guards Accounts Paya .. 1,012.50 20,827.78 Bill 10/10/2005 104 Cutting Edge Protec ... 10/6-1 Super ... Accounts Paya ... 90.00 20,917.78 Bill 10/10/2005 104 Cutting Edge Protec ... 10/6-4 Guards Accounts Paya ... 270.00 21,187.78 Bill 10/10/2005 104 Cutting Edge Protec ... 10/7-2 Super ... Accounts Paya ... 207.00 21,394.78 Bill 10/10/2005 104 Cutting Edge Protec ... 1 0/7 -11 Guards Accounts Paya ... 840.00 22,234.78 Bill 10/10/2005 104 Cutting Edge Protec ... 10/8-2 Super ... Accounts Paya ... 171.00 22,405.78 Bill 10/10/2005 104 Cutting Edge Protec ... 1 0/8-17 Guards Accounts Paya ... 1,140.00 23,545.78 Bill 10/10/2005 104 Cutting Edge Protec ... 10/9-1 Super ... Accounts Paya ... 99.00 23,644.78 Bill 10/10/2005 104 Cutting Edge Protec ... 10/9-13 Guards Accounts Paya ... 975.00 24,619.78 Bill 10/18/2005 110 Cutting Edge Protec ... 10/11/05-1 ... Accounts Paya ... 81.00 24,700.78 Bill 10/18/2005 110 Cutting Edge Protec ... 10/11/05-17 ... Accounts Paya ... 960.00 25,660.78 Bill 10/18/2005 110 Cutting Edge Protec ... 10/13/05 -2 ... Accounts Paya ... 189.00 25,849.78 Bill 10/18/2005 110 Cutting Edge Protec ... 10/13/05 -14 ... Accounts Paya ... 1,012.50 26,862.28 Bill 10/18/2005 110 Cutting Edge Protec ... 10/14/05 - 2 ... Accounts Paya ... 99.00 26,961.28 Bill 10/18/2005 110 Cutting Edge Protec ... 10/14/05-10 ... Accounts Paya ... 337.50 27,298.78 Bill 10/18/2005 110 Cutting Edge Protec ... 10/15/05-2 ... Accounts Paya ... 171.00 27,469.78 Bill 10/18/2005 110 Cutting Edge Protec ... 10/15/05 -18 ... Accounts Paya ... 1,215.00 28,684.78 Bill 10/18/2005 110 Cutting Edge Protec ... 10/16/05-1 ... Accounts Paya ... 99.00 28,783.78 Bill 10/18/2005 110 Cutting Edge Protec ... 10/16/05 -13 ... Accounts Paya ... 675.00 29,458.78 Bill 10/26/2005 111 Cutting Edge Protec ... 10/18/05-1 ... Accounts Paya ... 90.00 29,548.78 Bill 10/26/2005 111 Cutting Edge Protec ... 10/18/05-10 ... Accounts Paya ... 675.00 30,223.78 Bill 10/26/2005 111 Cutting Edge Protec ... 1 0/20/05 - 1 ... Accounts Paya ... 108.00 30,331.78 Bill 10/26/2005 111 Cutting Edge Protec ... 10/20/05 -16 ... Accounts Paya ... 1,440.00 31,771.78 Bill 10/26/2005 111 Cutting Edge Protec ... 1 0/22/05 - 1 ... Accounts Paya ... 90.00 31,861.78 Bill 10/26/2005 111 Cutting Edge Protec ... 10/22/05 - 15 ... Accounts Paya ... 900.00 32,761.78 Bill 10/26/2005 111 Cutting Edge Protec ... 1 0/23/05 - 1 ... Accounts Paya .. 99.00 32,860.78 Bill 10/26/2005 111 Cutting Edge Protec ... 1 0/23/05 - 9 ... Accounts Paya ... 585.00 33,445.78 Bill 11/4/2005 110 Cutting Edge Protec ... 10/24/05-2 ... Accounts Paya ... 198.00 33,643.78 Bill 11/412005 110 Cutting Edge Protec ... 10/24/05 -16 ... Accounts Paya ... 1,200.00 34,843.78 Bill 11/4/2005 110 Cutting Edge Protec ... 1 0/25/05 - 1 ... Accounts Paya ... 90.00 34,933.78 Bill 11/412005 110 Cutting Edge Protec ... 10/25/05 -16 ... Accounts Paya ... 1,080.00 36,013.78 Bill 11/412005 110 Cutting Edge Protec ... 10/26/05 - 2 ... Accounts Paya ... 189.00 36,202.78 Bill 11/4/2005 110 Cutting Edge Protec ... 10/26/05 -17 ... Accounts Paya ... 1,275.00 37,477.78 Bill 11/412005 110 Cutting Edge Protec ... 10/29/05 - 1 ... Accounts Paya ... 90.00 37,567.78 Bill 11/412005 110 Cutting Edge Protec ... 10/29/05 -16 ... Accounts Paya ... 1,200.00 38,767.78 Bill 11/4/2005 110 Cutting Edge Protec ... 10/30/05 - 1 ... Accounts Paya ... 108.00 38,875.78 Bill 11/4/2005 110 Cutting Edge Protec ... 10/30/05 -14 ... Accounts Paya ... 1,260.00 40,135.78 Bill 11/8/2005 015 Cutting Edge Protec ... 11/1/05-2 s ... Accounts Paya ... 180.00 40,315.78 Bill 11/8/2005 015 Cutting Edge Protec ... 11/1/05-18 ... Accounts Paya ... 1,125.00 41,440.78 Bill 11/8/2005 015 Cutting Edge Protec ... 11/4/05 - 1 s ... Accounts Paya ... 63.00 41,503.78 Bill 11/8/2005 015 Cutting Edge Protec ... 11/4/05 - 4 G ... Accounts Paya ... 210.00 41,713.78 Bill 11/8/2005 015 Cutting Edge Protec ... 11/5/05 - 2 s ... Accounts Paya ... 180.00 41,893.78 Bill 11/8/2005 015 Cutting Edge Protec ... 1115/05-15 ... Accounts Paya ... 1,125.00 43,018.78 Bill 11/8/2005 015 Cutting Edge Protec ... 11/6/05 - 2 s ... Accounts Paya ... 198.00 43,216.78 Bill 11/8/2005 015 Cutting Edge Protec ... 11/6/05-10 ... Accounts Paya ... 907.00 44,123.78 Bill 11/15/2005 117 Cutting Edge Protec ... 11/8/05 - 1 SU ... Accounts Paya ... 90.00 44,213.78 Bill 11/15/2005 117 Cutting Edge Protec .. 11/8/05-17 g ... Accounts Paya ... 1,275.00 45,488.78 Bill 11/15/2005 117 Cutting Edge Protec .. 11/10/05-1 s ... Accounts Paya ... 108.00 45,596.78 Bill 11/15/2005 117 Cutting Edge Protec ... 11/10/05-18 ... Accounts Paya ... 1,597.50 47,194.28

Page1

DIR 2003-3688 (RV)(.L, .. 1 )(IA) I 04-0122 - SUPPLEMENT TO ,--J>PEAL

2:05PM The Paja Group 02/06/06 Transaction Detail By Account Accrual Basis January through December 2005

Type Date Num Name Memo Cir Split Amount Balance

Bill 11/15/2005 117 Cutting Edge Protec ... 11/12/05-1 s ... Accounts Paya ... 162.00 47,356.28 Bill 11/15/2005 117 Cutting Edge Protec ... 11/12/05 -15 ... Accounts Paya ... 2,025.00 49,381.28 Bill 11/15/2005 117 Cutting Edge Protec ... 11/13/05 -1 s ... Accounts Paya ... 99.00 49,480.28 Bill 11/15/2005 117 Cutting Edge Protec ... 11/13/05-13 ... Accounts Paya ... 892.50 50,372.78 Bill 11/23/2005 118 Cutting Edge Protec ... 11/15/05-1 ... Accounts Paya ... 90.00 50,462.78 Bill 11/23/2005 118 Cutting Edge Protec .. 11/15/05-16 ... Accounts Paya ... 1,192.50 51,655.28 Bill 11/23/2005 118 Cutting Edge Protec .. 11/19/05-1 ... Accounts Paya ... 90.00 51,745.28 Bill 11/23/2005 118 Cutting Edge Protec ... 11/19/05-16 ... Accounts Paya ... 1,192.50 52,937.78 Bill 11/23/2005 118 Cutting Edge Protec ... 11/20/05 -1 ... Accounts Paya ... 81.00 53,018.78 Bill 11/23/2005 118 Cutting Edge Protec ... 11/20/05-10 .. Accounts Paya ... 525.00 53,543.78

Total Security 53,543.78 53,543.78

TOTAL 63,543.78 63,543.78

Page2

ACDRLt CERTIF C E F LIABILITY INSURANCE r MTE fMMID.lliTYY'Y)

10/18/2005 DIR 2003-3688 rc'lo/l)gA) I 04-0122- SUPPLEMENT TO .APPEAL

PRQDUCl!lt (661)327-3300 fAX (661)327-3309 THIS CERTIFICATE IS ISSUED NJ A MATTER OF INFORMATION ~ Insurance Services - #OE52073 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICA"l"E

HOLDER. THl~ERTlFICATE DOES NOT AMEND, EXTEND OR InWest Insy~ance Services ALTER THE C EAAGE AFFORDED BY THE POLICIES BELOW. 5001 California Avenue Ste 150 Bakersfield, CA 93309 INSURER$ AFFORDING COVERAGE NAIC# ......

INGIJlll&C) cutting t:.CJge Protection Im::. INSURER A! First Specialty Insurance Carp 331 W Cr"OSb)' St INSUR6RB.

A1tadena. CA 91001 INIIURERC:

INSURERD,

INS\,JFIEl'( Ii:

l'!nVERAr..ES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN issueD TO THE INSURED NAMED ABOVE FOR tHE POLICY PERIOD INDICATED. NOTWITHS'TANDING ANY REQUIRl;M~, ~RM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPSCT TO WHICH TI-IIS CERTIFICA'fE MAY BE ISSUED OR MAV PEfi'TAIN, THE INS~NCE AFFORDED BY THE POLICIES DE:SCRIBEO HEREIN IS SUBJECT TO AL.I., THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POl.lCU;S, AGGREGATE LIMITS SHOWN MAY 1-11\VE SEEN REDUCED BV PAID CLAIMS. ·~ Im'!! TYPE OF INIIURMICliii l'OLIC:.V NUIIIIQ ".P.!,5'f EFF lf'gl.l!'J UMIU

GENERAL l.lABILm' F<iLI07003H7500 03/16/2005 03/16/2006 EACH OCCURRENCE I 1.000.om X COMMERCIAi- GENERAL LIABILITV ~Ji..Tl:l_ReNTED • so.om ,---

~ CLAIMS MADE 00 OCCUR Ml!O ElCP (My Q!"lt PtnOH) • • S,00( A x Error/Omissions PERSON.AL I ADV INJURY I 1.000.ooc ..___

GlaNERALAMR!iGJIITEi $ 2.000.00~ -GEN'I..AGGREGATE LIMIT APPI.ISS PER: Pl'IODUcn; • COMP/OP A00 I 2.000.00(J n POLICV n !® n LOC

AUTCYClllll.li LIAIIIUTY ~~SINGLE LIMIT - I MN Al,ITO

;-.-,

ALL OWNED AUTOS 80C1n. Y INJURY - I SCHEDULED AUTOS (Ptrrpon;onl

..___ HIRED AUTO& 80aJL Y INJURY - I NON-OWNED AUTOS (Pet*Cddlllll)

-- PI\OPERlY l)AL'IAl!f;E $ {Pllrlllllldelll)

GARAGE LIAIIIUlY AUTO Otll. Y • l:A AOOIIJBNT I

~ IINiAUTO 011-IS\ THAN EAACC • AU'rOONLY! A.00 • t:!!CCEnlUMBR&IJ.A LIMIUTY EACH OCCURRENCe s

:=J OCCUFI Dt;:1..A,11,iSMADE AGGREGATE s

• R:= • • • WORl(aR8 wOMPeNSATIDN AND l .»'.!i.t.lTMY.; l l"c!8" .!!llll'f..OVIR&' UIUJIIJTY

IZ.L EACH AOCll)ENT • ANY PROPRl~ERIEXECU'l'IVE! OFFICERIMEMB R EXOLOOED? ~~EASE.· EA EMPLOYEE I

~~~SbalaN E,L. DISEAE • POLICY UMIT I OTHER

DseOAIPTION Of OPERATIONS I LOC.A~/WHIC~L.lllllONSADDl!D IIYINDORlll:ll~:r~FIOVISIOHS Me: Special Events, Fash1on s . Private Parties. 1 eo Soots tertificate Holder is 1ncluded as Additio~al Insured for General Liability coverages with respect to ~he operations of the named insured only.

-

Element 6142 Las Palmas Avanue Los Angel es, CA 90028

ACORD25(2001/D8) FAX: (310)943-1&32

.

SHOULD MY OF THE ABOVE DESCRIBED POUCID 1i1E CANCl!LLl!D BtFOIU! THI!

S:PIRATIDN DATE ~REOF, nflii IUUING INSURal WILL l!NDl!l'i'VCIR TO KAIL

....12_ CAYS WMfrT1:N NOTIC!TO Tim CERTJFJCATI! HOLD.Ell NAMED TO THI! 1..1:f'f,

altr FAILURE TO MAIL aUOH NOTICE IJtWJ. lrllPQSE NO OBLJGATIIJN git UAllllJTY

OF ANY IQND UPON THE INSUR!R, ITS MENTIS OR REPRE9ENT4.TIVEL

Shaun Ke11 lILLB ®ACORD CORPORATION 1188

DIR 2003-3688 (RV)(PAl)(lA) I 04-0122- SUPPLEMENT TO APPEAL

~ The green tick symbols represent businesses that have written l etters of

support for our motion to City Council. Larger ticks represent an area

where the entire group or cluster of buildings have all submitted letters.

It totals 62 stakeholders within a SOOft radius that have provided support.

(5/uU'M/ p/ Ull!/ {jjJfeaa,ed JacNUnent; 6657 Sunset Boulevard, Hollywood, California 90028 • (323) 462-6311 • Fax (323) 462-0113

February 13, 2006

RE: ELEMENT, 1642 Las Palm.as Avenue, Hollywood, CA 90028

Dear Sir or Madam:

I am writing to support the efforts of ELEMENT in running their supper club in Hollywood. As a Catholic Church in the community, we did have problems with noise and rowdiness under the previous owner. However in the past year since ELEMENT has opened at this location, we have had no complaints from our evening security guards or our parishioners.

We are very hopeful that ELEMENT will continue its operation in a manner that is beneficial to the whole community of Hollywood.

Thank you for your attention.

, Sincerely,

{AJJ.dd~! Pastor .. i

f

Los Ang~«Jrea~'61\fimtfiet(IA) / 04-0122 - SUPPLEMENT TO APPEAL Roy Romer Selma A venue Elementary School Superintendent of SchQols "All Star Students for an All Star Future" Mark Paz 6611 Selma Avenue, Los Angeles, California 90028 Principal Telephone (323)461-9418

February 17, 2006

RE: ELEMENT, 1642 Las Palmas Avenue, Hollywood, CA 90028

Dear Sir or Madam:

Selma Avenue Elementary school has not had any negative situations with the above mentioned business. We wish them the best of luck in their present and future endeavors and continued success in being good neighbors.

Sincerely,

Mark Paz Principal

I ! I I

':8 (RV)(PAI)(IA) I 04-0122- SUPPLEMENT TO APPEAL !

February 13, 2006

To whom it may concern,

As .a business owner who has two restaurants within 500 feet of Element, we like to think we have been a part of the rejuvenation and growth of this district. Los Angeles which once had a very provincial feel, now has an area in the city for those seeking entertainment to enjoy both dinner and nighttime activities within a defined area.

This locale of restaurants and bars not only spurns the commercial and residential redevelopment in our area but also increases the quality of entertainment activities brought by such competition. ·

Element is an example of a venue that exceeds expectations both in their operations and commitment to the rejuvenati9n of this area. They are a great neighbor and an asset to all of us that surround them. When their doors are shut my restaurants feel an immediate economic loss.

My businesses rely on the influx of patrons into this area and the city choosing a pro economic approach to nightlife and therefore it is my pleasure to support them.

Regards,

Geisha House 6633 Hollywood Blvd Hollywood, California 90028

res 323 460 6300 office 323 460 6155 fax 323 460 2344 www.geishahousehollywood.com

'6<j'fl'!~~fm's (RV)(PAl)(lA) I 04-0122- S 6708 Hollywood Blvd, Hollywood, CA 90028 323.466.5425

3200 N. Sepulveda Blvd. Manhattan Beach, CA 90266 310.546.4853

413 Main Street El Segundo, CA 90245 310.524.0020

QruceBrown 310.717.4962 E-mail [email protected] Website www.Licklty-Split.com

February 2, 2006

RE: ELEMENT, 1642 Las Palmas Avenue, Hollywood, CA 90028

To All Interested Parties:

The Lickity Split Hollywood Cafe & Frozen Custard Factory opened last year at 6708 Hollywood Blvd., located in the courtyard of the historic Egyptian Theatre in Hollywood. We cater to the local neighborhood and residents, families and visitors to the area and sell frozen custard, gourmet coffee and sandwiches.

We feel that area businesses would benefit from the reopening of ELEMENT located at 1642 Las Palmas Avenue. It is our expectation that the patrons of clubs such as this would support Lickity Split and other area businesses. We have made a substantial commitment and financial investment in Hollywood. We are very pleased to see that other business groups and nightclubs like ELEMENT are equally committed to investing in the livelihood of Hollywood as well. Thank you.

Sincerely,

Bruce Brown Co-owner

DIR 2003-3688 (RV)(PAI)(IA) I 04-0122- SUPPLEMENT TO APPEAL

D Skooby's Hot Dogs 6654 Hollywood Boulevard Hollywood, CA 90028 (323) HOT-DOGS www.skoobys.com

February 8, 2006

To VVhom It May Concern,

As a business owner whose restaurant is on the same block as Element nighclub, 1 can attest that Element is having a positive impact on both our business and the neighborhood in general. Element's customers substantially add to our evening and late night business. And Element's staff aren't strangers to Skooby's Hot Dogs either!

All in all, as Hollywood makes its comeback, Element's draw as a quality nightclub and its general positive vibe are exactly what the Boulevard needs.

Stephen Hooper Owner, Skooby's Hot Dogs [email protected]

1 2 3 4 5 6


Date: 03/04/06

Time: 10:08 PM

Report Period:

Filter Settings

09/22/05 - 11 /23/05

Element Sales by Group Type

Session Number is 1 09/22/05 20:44:12 09/23/05 04:17:32 -4611/22/05 15:31:0211/23/05 01 :45:20

No. Group Type Qty Sales ALC Total LIQUOR 45829.00 141,215.51 NON-ALC Total NON-ALC 1073.00 21.870.65 FOOD Total FOOD 51286.00 236,877.12 ALC Total WINE 1062.00 24,788.40 ALC Total BEER 7597.00 33,119.00 MISC Total MISC 14.00 74,396.11

Grand Totals: 106861.00 532,266.79

Sales% 26.53 4.11 44.50 4.66 6.22 13.98 100.00

Cost Cost% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

LIQUOR NONALC FOOD WINE BEER MISC

TOTALALC TOTAL FOOD

REVIEW AND ANALYSIS OF ATTACHED POINT OF SALE REPORT

QTY 45829 1073 51286 1062 7597 14 106861

SALES SALES% COST 141,215.51 21,870.65 236,877.12 24,788.40 33, 119.00 74,396.11 532,266.79

26.53 0.0 4.11 0.0 44.50 0.0 4.66 0.0 6.22 0.0 13.98 0.0 100.00 0.0

46o/o (TOTAL OF LIQUOR I WINE I BEER)

54 °/o (TOTAL OF JUST FOOD)

COST 0k 0.0 0.0 0.0 0.0 0.0 0.0 0.0

199,122.91 236,877.12 436,000.03 100% (RESULTS DO NOT INCLUDE NON-ALC I MISC PRODUCTS)

As a glossary to the terms used above, LIQUOR is counted as any spirit beverage, WINE is considered a wine, sake or champagne, BEER is any bottle or keg provided "beer". NON-ALC is water, soda, juice or non alcoholic beer, FOOD is any consumed produce and MISC relates to room rentals or venue charges for events that could include movies or awards parties.

TOTALSALESBREAKDOWN

DLIQUOR

DNONALC

DFOOD

DWINE

CIBEER

DMISC

CONTRACT FOOD LIQUOR 0/o FOOD Young & Restless 12400 10500 54 TOTAL FOOD 0/o 64 tJ

~ CAA 40000 32000 56 N

0

Them is 5850 4050 59 0 w I

The OC 8600 7000 55 w O'I 00

Kenn Henman 7500 4000 65 00

~ US Weekly 20000 17700 53 '-"

Fusion 16450 10150 73 ~ >

Ryan 3000 1500 67 ...... '-" ,,-,. ......

MTV 10400 5800 64 ~ EIM 10000 7000 59 -0

~

Mike Zera 4450 3500 56 I 0 ......

Steve Stoute 37500 29250 56 N N

Mariah Carey 42500 27000 61 I

en

GENart 4500 4200 52 j Bacardi 8000 3000 73 Avril Lavigne 3150 2625 55 I

~ 0

?c "ti

~

DIM MAK : : parties and even Page 14 of22


4:29 PM Tuesday, November 08, 2005

DIM MAK & COBRASNAKE sponsored show with THE SOUNDS! TICKETS AVAILABLE NOW! 3 DAYS and counting! !

Here is where you can buy your tickets to see THE SOUNDS!!! exclusive LOS ANGELES show. THis is the only show you will get to see THE SOUNDS in the Los Angeles area. They are only doing NYC & LA and some other places and then they go back so this is it. There are only 300 tickets available and the people that already got the free tickets already got em. If you did not get an email back and you still want to see this band buy it now from here!!! These will go fast. They already sold 25,000 records just in LA so huny up and get this if you want to see this. GOLDENVOICE, DIM MAK RECORDS,BLINGSTER & THECOBRASNAKE.COM PRESENTS SATURDAYNOVEMBER 12, 2005 THE SOUNDS PLAYING AN EXCLUSIVE LOS ANGELES PERFORMANCE AT ELEMENT IN HOLLYWOOD, CA 1642 N. LAS P ALMAS with SPECIAL GUESTS SHINY TOY GUNS All Ages

ement FINAL INVOICE

Customer: GEN ART I CRASH Event Date: Mav 3rct 2005 Contract No: PH6** Venue: Element, Hollvwood

FACILITY

Facility usage for the Crash screening after party hosted by GEN art.

For the addition of a two hour buffet @ 150 people: $4500 For the addition of a two hour well bar @ 150 people: $4200 For the addition of live performance setup: $1500

Facility and client have agreed to bulk rate this contract at $10000 with the expectation that GENart will provide premium placement of Element through their advertisements and furthermore will host future larger scale productions at the facility.

CHARGES

Charges SVc Subtotal Tax 1 Rate Tax1 Tax2 Tax2 Total (200/ol Rate

Facility $000 so $0 0% $0 0% $0 $0 Food so so so 8.25% so 0% so so Beveraae $0 $0 $0 8.25% $0 0% $0 $0 Setup so so $0 0% so 0% so so Total $000 $0 $0 ---- $0 ------ $0 $10000

Pavments Received: Discounts I Adiustments:

Method Of Payment: cc CHECK

PLEASE MAKE ALL CHECKS PAYABLE TO "THE PAJA GROUP, LLC"

1642 N Las Palmas Ave, Hollywood CA 90028

TEL: 310 271 4968 - FAX: 310 9431832

www.elementhollywood.com

Balance Due:

$0 $0

510000

GEN ART Events: Info & Tic·


Home

-nckats

Membership&

E ~·an 1 Photos

About Ga-n Art

App lrcat,ons

The Leading Arts & Entertainment Organization Dedicated to Showcasing the Best Emerging TBlenL..

City: - Los Angeles - ~ w'

Crash Los Angeles Special Advance Screening & Party

®ACURA Official Automotive Partner of

Gen Art

invite you to a

Special Advance Screening & Party for

Lions Gate Films' CRASH

directed by Paul Haggis

starring Sandra Bullock, Matt Diiion, Jennifer Esposito, Don Cheadle, Thandle Newton, Brendan Fraser, Ludacrls, Terence Howard & Ryan Phillippe

Tuesday, May 3rd 7:30pm

Mann Chinese 6 6801 Hollywood Boulevard Hollywood, CA

After-Party: 9:30pm - 11 :30pm Element 1642 Las Palmas Boulevard Hollywood, CA

Music by DJ Cool Whip

Page 1 of2

-. ....

EVENTS: IIHFID & TICKETS

DIR 2003-3688 (RV)(PAl)(IA) I PLEMENT TO APPEAL

--Customer: 1

Lisa Basada Mailing Address: ;

Billing Name: I Billing Address:

'. Daytime Phone: i Evening Phone: '. Fax Number: • E-Mail: n/a _ on _Site Contact:_ J

'AA GROUP

/ Contract No: i Event Date: I Event Name: I

I Site: , Sa~«son: _

Refer:

Da /Date Start I End Time Location June 27th 2005 9 m - 12am Whole House

FOOD

9pm I Main Room I Reception Menu

Tray Passed Menu Service for a three-hour duration

For event specifically focused towards bar personnel in the Los Angeles area, Element, Hollywood will provide reduced rate bundle package and co-pay with client to ensure sufficient staffing, food and other night requirements.

BEVERAGE

9pm I Main Room I

Sponsored Open bar - spirits provided entirely by client Venue to provide all other requirements.

Liquor requested not provided by client charged @ reduced rates

For event specifically focused towards bar personnel in the Los Angeles area, Element, Hollywood will provide reduced rate bundle package and co-pay with client to ensure sufficient staffing, food and other night requirements.

SET-UP & SERVICE

9pm I Main Room I SECURITY

PH6** May 27th 2005 n/a

Element, Hollywood James

Richard Orosco

Est. Guests 400 actual

QTY PRICE TOTAL

400 0.00 bundle

QTY PRICE TOTAL

400 0.00 bundle

QTY PRICE TOTAL

BUSINESS ADDRESS: 1642 N Las Palmas Ave, Hollywood CA 90028 MAILING ADDRESS: 9461 Charleville Blvd, Suite 359, Beverly Hills CA 90212

TEL: 310 271 4968 - FAX: 310 9431832

DIR 2003-3688 (RV)(PAl)(lA) IO _ PLEMENT TO APPEAL

'AA GROUP

Customer: · · · ' I Mailing Address: i

Billing Name:

I Billing Address:

Daytime Phone: Evening Phone: Fax Number: E·Mall: .

i On Site Contact:J

9pm I Main Room I

Alli Sims

Same

310 498 4898

Allisimsl [email protected]

Start I End Time 9 m - 12am

FOOD

Hosted Buffet (Service for 3hrs) Menu to be determined

BEVERAGE

9pm I Main Room I

I Contract No: Event Date: Event Name: '

! Site: 1 Lsa1~sperso11_L l

Refer:

Location Room Section

Hosted CALL beverage package (Service for 3hrs) This price reflects a discount.

No wine or chamoaone

SET-UP & SERVICE

9pm I Main Room I Stage SECURITY If The PaJa Group shall determine that a larger number of security personnel are reasonable required for the event, then such larger number of personnel shall be provided at clients expense.

The PaJa Group, will provide adequate security to ensure the protection and security of the client at all times in conjunction with clients own security.

PAYMENT SCHEDULE Payments can be made by company check or credit card. An additional 3% processing fee is added to all credit card transactions. A 100% non-refundable deposit and signed contract are required to confirm event date. Remaining balance is due before door time on event date. Doors will remain closed

PH6* September 18, 2005 Avril B Day


n/a


QTY PRICE TOTAL

75 42.00 3150.00

QTY PRICE TOTAL

75 35.00 2625.00

QTY PRICE TOTAL

BUSINESS ADDRESS: 1642 N Las Palmas Ave, Hollywood CA 90028 MAILING ADDRESS: 9461 Charlevifle Blvd, Suite 359, Beverly Hills CA 90212

TEL: 310 271 4968 - FAX: 310 9431832

AVRIL LA VIGNE - Page 1 of2

DIR 2003-3688 (RV)(PAl)(lA) I 04-0122- SUPPLEMENT TO APPEAL Ads bv Gooale

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LAVIGNE CELEBRATES 21ST BIRTHDAY

AVRIL LAVIGNE celebrated her 21st birthday with a cake-filled night out in Los Angeles on 27 September (05).

The COMPLICATED singer and her SUM 41 rocker fiance DERYCK WHILBEY, headed to Los Angeles hotspot Element to mark Lavigne's big day.

But rather than over-indulge on the alcohol she can now legally purchase and consume, the Canadian star drew great joy from the sweet treats on offer.

She says, "My favourite part of the party was the cake. I was, like, sticking my fingers in!"

08/10/2005 02:20

AVRii

,~,~t .::/1·~. ~""!" ~ _ .... ' f

........ ~-· ... -~~·-·.

--------- ' '

Click Here for all you need to know about: AVRI

Subscribe For Live News Updates

AVRIL LAVIGNE News to your inbox: Subscribe to news, reviews etc on this artist. It only takes a minute to register. ..

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DIR 2003-3688 (RV)(Pf\.l)(IA) I PLEMENT TO APPEAL

'AA GROUP

Customer: Dana Kelly I EIM Contract No: PH601 Mailing Address: 6525 Sunset Blvd, • Event Date: Feb 8 2005

Suite G4 Event Name: DVD RELEASE - SAW LA CA 90028

Billing Name: Same Site: Elevate, Hollywood Biiiing Address: Same . Salesperson:. James

Daytime Phone: 323 962 7660 Refer: Dana Kelly Evening Phone: Fax Number: 323 962 7647 E-Mail: [email protected]

On Site Contact:

Da /Date Location Est. Guests Feb 8 2005 Main Room 200 actual

FOOD QTY PRICE

10Rm l Main Room l DVD RELEASE Kitchen Buyout

Client has chosen to utilize the services of third party caterers for this event.

Client will confirm and ensure the kitchen, utensils and product will be left in the same condition as found. Client will confirm and ensure chef and staff abide by the Health & Safety Laws at all times. Client will ensure a certificate of insurance is provided for kitchen staff. Client will ensure there is a certified food handler on site.

No servers included.

BEVERAGE QTY PRICE

10Rm l Main Room l DVD RELEASE Hosted CALL beverage package (Service for 2hrs)

This price reflects a discount. Venue will provide all inoredients to include Bloody Marv's 200 35.00

SET-UP & SERVICE QTY PRICE

10gm l Main Room l DVD RELEASE SECURITY If The PaJa Group shall determine that a larger number of security personnel are reasonable required for the event, then such larger number of personnel shall be provided at clients expense.

PAYMENT SCHEDULE Payments can be made by company check or credit card. An additional 3% orocessino fee is added to all credit card


TEL: 310 271 4968 - FAX: 310 9431832

TOTAL

10000.0

TOTAL

7000.00

TOTAL

Wirelmage: Listings


Wednesday, February 15, 2006

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password ~

Caption

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HEADLINES I CELEBRITIES

"Saw" DVD Release Party February 8, 2005 - Element

Hollywood, California United States

View: Gallery I Capticms I Regular I Quick Sort By: Tight Edit I A-Z I Z-A I lmage# Desc I ImageitAs~

Images 41 to 65 of 65 are listed. • Anne Parducci (2) • Brody Hutzler (8)

I r--------------,

• Cary Elwes ( 26) • Eli Roth (5) • Gregg Hoffman (1) • James Wan (19) • Kai Mattoon (1) • Leigh Whannell (25) • Lisa Marie (2) • Lisa Marie Kurbikoff (2) • Mat Dauzat (1) • Oren Koules (1) • Peter Block ( 4) • Ron Schwartz (2) • Shawnee Smith ( 24)

> Year 2006 '..' Year 2005 > Year 2004 > Year 2003 > Year 2002 G' Year 2001 '~- Year 2000 ~- Year 1999 ~- Year 1998 :-- Year 1997 ;. Year 1996 ;., Year 1995

> Year 1994 •. Year 1993 C.-· Year 1992 ,~ Year 1991

> Year 1990 > Year 1989 > Year 1988 C· Year 1987 S-· Year 1986 > Year 1985 > Year 1984 > Year 1983 > Year 1982 (-· Year 1981 C-· Year 1980

dti!t:@f;i

James Wan, director I co-writer, Leigh Whannell, cowriter and Cary Elwes

Ron Schwartz, executive vice president Sales, Lions Gate, Cary Elwes, James Wan, ...

Details I Download

James Wan, director I co-writer, Shawnee Smith and Cary Elwes

'--~~~~~~~~-'

Ron Schwartz, executive vice president Sales, Lions Gate, Cary Elwes, James Wan, •••

I Details I Download

1

1 James Wan, director I co-writer,

'I Shawnee Smith and Leigh Whannell, cowriter

1

1

, Details I Download 4366792 J Sciulli

Shawnee Smith

Details I Download

Page 1 of 3

My Ac

Page:

' Peter Blocl4 of Acquisiti Co-Product Lions Gate Entertainm

Details I Do 4366772 J!

ii I .

Shawnees

Details I Do'

DIR 2003-3688 (RV)(PAl)(lA) I PLEMENT TO APPEAL

'AA GROUP

· Customer: Steve Stoute I O 1 Contract No: PH6** Mailing Address: ;

' . Event Date: Event Name:

May 26th 2005 n/a

: Billing Name: Site: Element, Hollywood \ -~!l.l!!~~m:~m __ l James Billing Address:

I Daytime Phone: i Evening Phone: ; Fax Number: : E-Mail: • On Site Contact:

Refer:

n/a

Start I End Time Location Est. Guests 9 m - 12am Whole House 750 actual

FOOD QTY

NO FOOD REQUESTED Buffet Menu (Service for 3hrs)

Menu to be determined 750

BEVERAGE QTY

9pm I Main Room I Hosted CALL beverage package (Service for 3hrs)

Should client provided sponsored bar of no less than two different liquor choices a discount will be applied to compensate for the hard 750 cost saved.

SET-UP & SERVICE QTY

9pm I Main Room I SECURITY If The PaJa Group shall determine that a larger number of security personnel are reasonable required for the event, then such larger number of personnel shall be provided at clients expense.

PAYMENT SCHEDULE Payments can be made by company check or credit card. An additional 3% processing fee is added to all credit card transactions. A 50% non-refundable deposit and signed contract are required to confirm event date. Remaining balance is due before door time on event date. Doors will remain closed until final payment is received. Additional charges, incurred on or before the event date, are invoiced to the client Payment is due within 14


TEL: 310 271 4968 - FAX: 310 9431832

PRICE

50.00

PRICE

39.00

PRICE

TOTAL

37500.0

TOTAL

29250.0

TOTAL

DIR 2003-3688 (RV)(Pfll)(IA) I PLEMENT TO APPEAL

GROUP

Customer: Mariah Carey I 01 PH6** Mailing Address: .

: Contract No: : : Event Date: i Event Name: i ! I

May **th 2005 n/a

, Billing Name: I Site: . Element, Hollywood ! Salesperson:~ i James Billing Address:

, Daytime Phone: 1

! Evening Phone: · Fax Number: ! E-Mail: n/a

On Site Contact:

Refer:

Start / End Time Location Est. Guests 9 m - 12am Whole House 750 actual

FOOD QTY


Tray Passed Service for a three-hour duration

750

Special Order Menu Table Seating for 50 guests 50

BEVERAGE QTY

9pm I Main Room I 750 Hosted PREMIUM beverage package (Service for 3hrs)

SET-UP &. SERVICE QTY


PAYMENT SCHEDULE Payments can be made by company check or credit card. An additional 3% processing fee is added to all credit card transactions. A 50% non-refundable deposit and signed contract are required to confirm event date. Remaining balance is due before door time on event date. Doors will remain closed until final payment is received. Additional charges, incurred on or before the event date, are invoiced to the client Payment is due within 14

BUSINESS ADDRESS: 1642 N Las Palmas Ave, Hollywood CA 90028 MAILING ADDRESS: 9461 Charlevifle Blvd, Suite 359, Beverly Hills CA 90212

TEL: 310 271 4968 - FAX: 310 9431832

PRICE

50.00

100.00

PRICE

36.00

PRICE

TOTAL

37500.0

5000.0

TOTAL

27000.0

TOTAL

DIR 2003-3688 (RV)(P 122 - SUPPLEMENT TO APPEAL

ement FIRST QUOTE SUMMARY

Customer: "Youna & Restless" Date: March 11 st 2006 Contract No:

7pm - 10pm 300 People

PH716

Young & Restless Season Wrap Party

Venue: Element, Hollywood

DETAIL

Preliminary quote for event requirements, all items are subject to change until final signed contract executed by both parties. This quote is only intended as an indication of the pricing such an event may require.

ITEM NOTES PRICE Open Premium Bar 300ppl I 3hrs $10500 (Inc Tax)

Passed Hors D'Ouvres 300ppl I 3hrs I 4 Items $12400

Setup I Staff Basic Level Quote $1000

Bottle Service Menu Payment direct to vendor $1276.65 (inc Tax)

POS Requirements > Condiment Trays N/A > Napkin / Straw Holder > Bar Service Mat

Table Service Requirements > Corzo N/A "Bottle Presentation"

> Grey Goose "Bottle Presentation"

Opening Night Inventory > Grey Goose & Flavors N/A > Corzo

Subtotal Due To Element $4261.11 Subtotal Due To Vendor $1276.65 (Youngs Market)

CHARGES

I Charges I Svc I Subtotal I Tax 1 Rate I Tax 1 I Tax 2 I Tax 2 I Total

1642 N Las Palmas Ave, Hollywood CA 90028

TEL: 310 271 4968 - FAX: 310 9431832

www.elementhollywood.com

DIR 2003-3688 (RV)(P l)(IA) I 04- 122- SUPPLEMENT TO APPEAL

- -- - ---- - --Customer: Mick Sullivan / CM , Contract No: PH6** Mailing Address: Event Date: September 22nd 2005

Event Name: Back 2 School

Billing Name: Site: Element, Hollywood Billing Address: Salesperson: James

Daytime Phone: 310 288 4545 Refer: Evening Phone: Fax Number: E-Mail: [email protected]

On Site Contact:

Start End Time Location Est. Guests 9 m - 12am Whole House 1000 actual

FOOD QTY PRICE

9pm I Main Room I

Reception Menu Tray Passed ONLY

Service for a three-hour duration 1000 40.00

BEVERAGE QTY PRICE

9pm I Main Room I

Hosted PREMIUM beverage package (Service for 3hrs) 1000 32.00

SET-UP & SERVICE QTY ·puce

9pm I Main Room I SECURITY If Element LA shall determine that a larger number of security personnel are reasonable required for the event, then such larger number of personnel shall be provided at clients expense.

PAYMENT SCHEDULE Payments can be made by company check or credit card. An additional 3% processing fee is added to all credit card transactions. A 50% non-refundable deposit and signed contract are required to confirm event date. Remaining balance is due before door time on event date. Doors will remain closed until final payment is received. Additional charges, incurred on or before the event date, are invoiced to the client Payment is due within 14 days of event conclusion. If payment is not received within 14 days of event conclusion there will be a 10% late charge added. Element LA reserves the right to charge client, or company(s) representing the client, for cosmetic or structural


TEL: 310 271 4968 - FAX: 310 9431832

TOTAL

40000.0

TOTAL

32000.0

TOTAL

DIR 2003-3688 (RV)(Pfil)(lA) I PLEMENT TO APPEAL

GROUP

Customer: Themis Group Contract No: PH6## Mailing Address: Tom Kurz · Event Date: May 18th 2005

· Event Name: n/a Perpetual Ent.

Billing Name: Star Trek Franchise Site: Element, Hollywood Billing Address: Gods & Heros Salesperson: James

Daytime Phone: Refer: Evening Phone: Fax Number: E-Mail: n/a On Site Contact:

Date Location Est. Guests 18th 2005 Main Room 150 actual

FOOD QTY PRICE

Spm I Main Room I Reception Menu

Tray Passed ONLY Service for a three-hour duration 150 39.00

BEVERAGE QTY PRICE

Spm I Main Room I Hosted CALL beverage package (Service for 3hrs)

After 3hrs the venue becomes a cash bar. 150 27.00


Spm I Main Room I SECURITY If The PaJa Group shall determine that a larger number of security personnel are reasonable required for the event, then such larger number of personnel shall be provided at clients expense.

PAYMENT SCHEDULE Payments can be made by company check or credit card. An additional 3% processing fee is added to all credit card transactions. A 50% non-refundable deposit and signed contract are required to confirm event date. Remaining balance is due before door time on event date. Doors will remain closed until final payment is received. Additional charges, incurred on or before the event date, are invoiced to the client Payment is due within 14 days of event conclusion. If payment is not received within 14 days


TEL: 310 271 4968 - FAX: 310 9431832

TOTAL

5850.0

TOTAL

4050.0

TOTAL

DIR 2003-3688 (RV)(PJ-\.l)(lA) I PLEMENT TO APPEAL

GROUP

Customer: Mailing Address:

Billing Name: Billing Address:

Daytime Phone: Evening Phone: Fax Number: E-Mail: On Site Contact:

OC I Kristen Campo

Same Same

[email protected]

Start End Time 9 m - 12am

FOOD

9gm l Main Room l OC WRAP PARTY Reception Menu

Tray Passed ONLY Service for a two-hour duration

BEVERAGE

9gm l Main Room l OC WRAP PARTY Hosted CALL beverage package (Service for 3hrs)

This price reflects a discount.

SET-UP &. SERVICE

9gm l Main Room l OC WRAP PARTY SECURITY

Col1tr8ct-NOi Event Date: Event Name:

Site: Sale_sper!IOn:

Refer:

Location Main Room

If The PaJa Group shall determine that a larger number of security personnel are reasonable required for the event, then such larger number of personnel shall be provided at clients expense.

PAYMENT SCHEDULE Payments can be made by company check or credit card. An additional 3% processing fee is added to all credit card transactions. A 50% non-refundable deposit and signed contract are required to confirm event date. Remaining balance is due before door time on event date. Doors will remain closed until final payment is received. Additional charges, incurred on or before the event date, are invoiced to the client Payment is due within 14 days of event conclusion. If payment is not received within 14 days of event conclusion there will be a 10% late charge added. The PaJa Group reserves the riaht to charae client, or company(s)

PH640 April 28th 2005 OCWRAP



QTY PRICE TOTAL

200 43.00 8600.0

QTY PRICE TOTAL

200 35.00 7000.0

QTY PRICE TOTAL


TEL: 310 271 4968 - FAX: 310 9431832

DIR 2003-3688 (RV)( ... =l)(IA) I 04-0122- SUPPLEMENT TO APPEAL

GROUP

Customer: Kenn Henman Contract No: PH614 Malling Address: Event Date: March 30th 2005

Event Name: MOVIE RELEASE

Billing Name: Same Site: Element, Hollywood Billing Address: Same Salesperson: James

Daytime Phone: Refer: Evening Phone: Fax Number: E-Mail: On Site Contact:

Da Date Location Est. Guests March 3ot 2005 Main Room 500 actual

FOOD QTY PRICE

Sgm l Main Room l MOVIE RELEASI; Reception Menu

Tray Passed ONLY Service for a two-hour duration

This price reflects a discount. n/a n/a

BEVERAGE QTY PRICE

7gm l Main Room l MOVIE Rl;LEASE Cash Bar duration of event $4000 bar guarantee. 50% deposit due upon sioninq. 0.00 0.00


Sgm l Main Room l MOVIE RELEASE SECUIUTY If The PaJa Group shall determine that a larger number of security personnel are reasonable required for the event, then such larger number of personnel shall be provided at clients expense.

PAYMENT SCHEDULE Payments can be made by company check or credit card. An additional 3% processing fee is added to all credit card transactions. A 50% non-refundable deposit and signed contract are required to confirm event date. Remaining balance is due before door time on event date. Doors will remain closed until final payment is received. Additional charges, incurred on or before the event date, are invoiced to the client Payment is due within 14 days of event conclusion. If payment is not received within 14 davs of event conclusion there will be a 10% late


TEL: 310 271 4968 - FAX: 310 9431832

TOTAL

7500.00

TOTAL

0.00

TOTAL

DIR 2003-3688 (RV)(Pn.l)(IA) I PLEMENT TO APPEAL

GROUP

Customer: Mailing Address:


Daytime Phone: Evening Phone:

, Fax Number: . E-Mail:

On SIJC! c:~otact:


Tray Passed ONLY

Toast I US WEEKLY

n/a

Start I End Time 9 m - 12am

FOOD

Service for a three-hour duration

BEVERAGE

9pm I Main Room I Hosted CALL beverage package (Service for Shrs)

50 person extra @ discount

SET-UP & SERVICE

9pm I Main Room I SECURrrY

: Contract No: . Event Date: · Event Name:

, Site: : ~ S@l_es;pers~m

Refer:

Location Main Room

SUBTOTAL


PAYMENT SCHEDULE Payments can be made by company check or credit card. An additional 3% processing fee is added to all credit card transactions. A 50% non-refundable deposit and signed contract are required to confirm event date. Remaining balance is due before door time on event date. Doors will remain closed until final payment is received. Additional charges, incurred on or before the event date, are invoiced to the client Payment is due within 14 days of event conclusion. If payment is not received within 14 days

n/a April 8th 2005 n/a



QTY PRICE TOTAL

400 50.00 20000.0

QTY PRICE TOTAL

350 47.00 16450.0

50 25 1250.0 400 I 17700.0

QTY PRICE TOTAL


TEL: 310 271 4968 - FAX: 310 9431832

DIR 2003-3688 (RV)(PAl)(IA) I PLEMENT TO APPEAL

GROUP

Customer:Mailing Address:


Daytime Phone: · Evening Phone:

Fax Number:

Rembrandt / Fusion

E-Mail: n/a on_ 5-ite (:ontag: _ ·

Start I End Time 9 m -12am

FOOD


Tray Passed ONLY Service for a three-hour duration

BEVERAGE

9pm I Main Room I Hosted CALL beverage package (Service for 3hrs)

This price reflects a discount.

SET-UP & SERVICE

9pm I Main Room I SECURITY

• Contract No: • Event Date: • Event Name:

'. Site: 1 _JaJ4!~_pel'~l'I:

Refer:

Location Main Room


PAYMENT SCHEDULE Payments can be made by company check or credit card. An additional 3% processing fee is added to all credit card transactions. A 50% non-refundable deposit and signed contract are required to confirm event date. Remaining balance is due before door time on event date. Doors will remain closed until final payment is received. Additional charges, incurred on or before the event date, are invoiced to the client Payment is due within 14 days of event conclusion. If payment is not received within 14 days of event conclusion there will be a 10% late charge added. The PaJa Group reserves the right to charge client, or company(s) representing the client, for cosmetic or structural

n/a April 6th 2005 n/a



QTY PRICE TOTAL

350 47.00 16450.0

QTY PRICE TOTAL

350 29.00 10150.0

QTY PRICE TOTAL


TEL: 310 271 4968 - FAX: 310 9431832

DIR 2003-3688 (RV)(PAl)(lA) I PLEMENT TO APPEAL

'AA GROUP

Customer: ------ -------- --

PH609 Ryan Contract No: Mailing Event Date: March 4th 2005 Address:

. Event Name: Frat Formal 2

Billing Name: Same Site: Element, Hollywood Biiiing Address: Same Salesper~n: James

Daytime Phone: 818 765 4882 Refer: Jennifer • Evening Phone: © 8181 370 8308

Fax Number: 818 765 4888 E-Mall: On Si1:e Contact: ' Ryan

Da Date Start I End Time Location Est. Guests March 4 2005 9:30 m - 12:00am Main Room 125 actual

FOOD QTY PRICE Light buffet of various appertizers to meet $3000 budget 1 300

BEVERAGE QTY PRICE Open Bar 1.5hrs 9:30 - 11:00 Well / Beer / Wine Cash Bar lhr 11:00 - 12:00 $14.80 per additional guest past 125 - no time range

125 12.00


SECURITY If The PaJa Group shall determine that a larger number of security personnel are reasonable required for the event, then such larger number of personnel shall be provided at clients expense.

PAYMENT SCHEDULE Payments can be made by company check or credit card. An additional 3% processing fee is added to all credit card transactions. A 50% non-refundable deposit and signed contract are required to confirm event date. Remaining balance is due before door time on event date. Doors will remain closed until final payment is received. Additional charges, incurred on or before the event date, are invoiced to the client Payment is due within 14 days of event conclusion. If payment is not received within 14 days of event conclusion there will be a 10% late charge added. The PaJa Group reserves the right to charge client, or company(s) representing the client, for cosmetic or structural damaoe/alterations made to The PaJa Group property.


TEL: 310 271 4968 - FAX: 310 9431832

TOTAL 3000

TOTAL

1500.00

TOTAL

DIR 2003-3688 (RV)(Pfil)(IA) I PLEMENT TO APPEAL

GROUP

Customer: Merritt Davies/ MW Contract No: PH602 Malling Address: Event Date: Feb 2005

Event Name: MW WRAP I Simpson

Billing Name: Same : Site: Elevate, Hollywood Billing Address: Same · Sale.sperson: James

Daytime Phone: 310 255 5734 Refer: Evening Phone: Fax Number: E-Mail: [email protected] On Site Conta_ct:

Da /Date Start / End Time Location Est. Guests Feb 9 2005 9 m - 12am Main Room 200 actual

FOOD QTY PRICE

9Rm l Main Room l MTV WRAP PARTY Reception Menu

Tray Passed ONLY Service for a three-hour duration 200 52.00

BEVERAGE QTY PRICE

9Rm l Main Room l MTV WRAP PARTY Hosted PREIMIUM beverage package (Service for 3hrs)

This price reflects a discount. 200 29.00


9Rm l Main Room l MTV WRAP PARTY SECURITY If The PaJa Group shall determine that a larger number of security personnel are reasonable required for the event, then such larger number of personnel shall be provided at clients expense.

PAYMENT SCHEDULE Payments can be made by company check or credit card. An additional 3% processing fee is added to all credit card transactions. A 50% non-refundable deposit and signed contract are required to confirm event date. Remaining balance is due before door time on event date. Doors will remain closed until final payment is received. Additional charges, incurred on or before the event date, are invoiced to the client Payment is due within 14 days of event conclusion. If payment is not received within 14 days of event conclusion there will be a 10% late charge added. The PaJa Group reserves the right to charge client, or company(s) representing the client, for cosmetic or structural

BUSINESS ADDRESS: 1642 N Las Palmas Ave, Hollywood CA 90028 MAILING ADDRESS: 9461 Charleviffe Blvd, Suite 359, Beverly Hills CA 90212

TEL: 310 271 4968 - FAX: 310 9431832

TOTAL

10400.0

TOTAL

5800.0

TOTAL

DIR 2003-3688 (RV)(Pf-\.l)(IA) I PLEMENT TO APPEAL

'AA GROUP

Customer: Mike Zera Contract No: PH600 Malling Event Date: Feb 11 2005 Address:

Event Name: Frat Formal

Billing Name: Same Site: Element, Hollywood Biiiing Address: Same Salesperson: James

Daytime Phone: 818 554 8465 Refer: Drew Myers Evening Phone: Fax Number: E-Mall: on Sit.s. c.ontact: Mike Zera

Da /Date Start I End Time Location Est. Guests Feb 11 2005 9:00 m - 12:00am Main Room 175 actual

FOOD OTY PRICE

Venue will provide buffet for duration of event Simple menu choices have been requested tbd.

Venue will provide "to go" package for all customers with associated utensils and napkins. 175 28.00

BEVERAGE QTY PRICE

Open Single Drink Bar 2hrs 8:45 - 10:45 (no champagne)(draft beer)(plastic) Cash Bar 1hr 10:45 - 11:45 $25 per additional guest past 175 - no time range

175 20.00

SET~UP &. SERVICE OTY PRICE

Venue has offered a considerable discount for this group based on the "charity" aspect client has expressed. Venue requires proof of charitable donation or intended donation prior to the event.

Venue will provide all associated requirements for the evening with no additional costs to client; this is in exception to security.

DJ - included Event Staff - included Dancers - not requested


TEL: 310 271 4968 • FAX: 310 9431832

TOTAL

4450.00

TOTAL

3500.00

TOTAL

March 6, 2006

Dear James,

Crown Limousine 12300 Washington Blvd. Los Angeles. CA 90066

We would be delighted to participate in your "Passenger shuttle service" program to ensure your passengers a safe drive home after visiting Element. Based on the proposed dates and hours you mention, I agree with the provisional terrn, one 1nonth during all your. evening hot1rs of operation.

The price would be fixed for two Fo.rd passenger vans or s.i.Jnilar for. roughly 4 hours starting at 11 pm wW, no stops or drop off price increases. The driver would be b.a.sed outside your location and have an attached Ma.g11etic "Element" decal. Your custm·riers would be dropped off 011 a closest first basis and will nut be required to tip or pay any fees.

You will be held fully harmless against a11y liability as we hold all :required livery insurance for multiple passengers. I am excited to see ifthJs service is of benefit tn you and then wt,rking out a longer-term am.lngement.

Thank you for thinking ofus. Since.rely,

2~~ David Navon. Proprietor

PAGE 01

Mar 07 2006 2: 57PM HP IS ER JET FAX

CHYS'r,A.,Xst1 LIIIGUSINES & TOURS, INC. (866) 828-8380 Reservations (800) 895 5466 24 Hour Dispatch

March 7, 2006 VIA FACSIMILE: (310) 943 1832 TO: ELEMENT Attn: James

Dear James

r. ~

Thank you. for thinking of us for your "Safe Drive Home" initiative. We would have great interest in being involved in the project with you and look forward to moving forward with this.

1 s· ~re)y; ., _____ . ·V

Santorini CRYSTAL LIMOUSINES & TOURS




04-0122 DIR 2003-3688 (RV) (PA1) CD13

ITY OF Los ANGELE CALIFORNIA

ANTONIO R. VILLARAIGOSA MAYOR

Office of the CITY CLERK

Council and Public Services Room 395, City Hall

Los Angeles, CA 90012 Council File Information - (213) 978-1044

General Information - (213) 978-1133 Fax: (213) 978-1040

CLAUDIA M. DUNN Chief, Council and Public Services Division

March 3, 2006

NOTICE TO PROPERTY OWNERS/OCCUPANTS WITHIN A 500-FOOT RADIUS

You are hereby nptified that the Planning and Land Use Management Committee of the Los Angeles City Council will hold a public hearing on Tuesday, March 28, 2006, at approximately 2:00 p.m., or soon thereafter in the Board of Public Works Hearing Room 350, City Hall, 200 North Spring Street, to consider an appeal filed by James Sinclair, Operator (Robert L. Glushon, Representative), from part of the determination of the Zoning Administrator, in imposing certain Conditions to be retained, modified or added, and requiring a full menu during all business hours; a maximum occupancy of 400 persons; and requiring the business to close by 12 midnight for operation of the business known as "Club Blue" located at 1642 North Las Palmas Avenue. (According to the Zoning Administrator, the appellant seeks to change the facility from a restaurant to a supper club, and proposes a three-month review of Conditions.)

Applicant: City of Los Angeles, Office of Zoning Administration

The full Los Angeles City Council will also consider this matter on Wednesday, April 12, 2006, at approximately 10:00 a.m. or soon thereafter in John Ferraro Council Chamber, Room 340, City Hall at 200 North Spring Street.

If you are unable to appear at these meetings, you may submit your comments in writing. The file and appeal referred to above can be reviewed in the Office of the City Clerk. Written comments may be addressed to the City Clerk, Room 395, City Hall, 200 North Spring Street, Los Angeles, CA 90012.

Please be advised that both the Planning and Land Use Management Committee and City Council reserve the right to continue this matter to a later date, subject to any time limit constraints. Please contact this office if you would like to be notified of any future hearing dates should the Committee or Council not act on this matter on the aforementioned date(s).

~~ Barbara Greaves Legislative Assistant Planning and Land Use Management Committee, 213-978-1068

Note: If you challenge this proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. Any written correspondence delivered to the City Clerk before the City Council's final action on a matter will become a part of the administrative record. The time in which you may seek judicial review of any final action by the City Council is limited by California Code of Civil Procedure Section 1094.6 which provides that an action pursuant to Code of Civil Procedure Section 1094.5 challenging the Council's action must be filed no later than the 90th day following the date on which the Council action becomes final. #0400122Itra


CASE NO. DIR 2003·3688(RV) PA1) ADJOINING PROPERTY OWNERS LIST

Cr I) tf,- o I di ;;)_..

Vincent Cravens . State ABC - Metro 3530 Wilshire ·soulevard, #111 o Los Angeles,· CA go'o10 · ·

Club Blue 1642 North Las Palmas Avenue Los.Angeles, CA 90028

Joseph Simon, Tr. 1618 North Las Palmas Avenue Hollywood, CA 90028

Jack Arfan and Associates ' 503 Nortt-rVictory Boulevard·

Burbank, CA 91502

Dan Green, ZA Office of Zoning Administration Rm. 763, City Hall STOP: 395

Michael Klekner City Attorney, Land Use Division 200 N. Main St., 7th Floor, CHE

f

STOP: 140

LAPD-Organized Crime & Vice Div Community Problems Unit 419 S. Spring St. Los Angeles, CA 90013

Robert Nudelman 1737 N. Whitley Ave. Hollywood,'CA 90028

David Carlat 1017 N. La Cienega Bl., #103 West Hollywood, CA 90069

LAPD-Hollywood Vice 1358 North Wilcox Avenue STOP406

Paulo & Flo,ra Greco Trust 4824 Los Feliz Boul~vard Los Angeles, CA 90028

Patrick S. Perry 30432 Passageway Place Agoura Hills, CA 91301

Stealth Corporation 8306 Wilshire Boulevard, ~3 ·~·.

. Beverly Hiiis, CA 9~1 f · ·:.

--- *- - ·- _.,._ - - . - ..

Councilmember Garcetti Council District No. 13 Planning Liaison: Alison Becker

Jeri Burge City Attorney, Land Use Division 200 N. Main St., J1h Floor, CHE

STOP: 140

Los Angeles Police Department 150 N. Los Angeles Street Los Angeles, CA 90012

STOP: 400



Julie Covarrubias LAPD-OCVD 419 S. Spring Street, #600 STOP 933

Rodney Perdew 1642 North Las Palmas Avenue Los Angeles, CA 90028 , ·: ·

Jeffrey F. Fax, Esq. 805 ·South Figueroa Street, #2600 Los Angeles, CA 90017

Wow Productions, LLC : 6~11 West Sunset Boulev~rd, .. #15"9CT

Hollywood, CA 90028

Vince Quitoriano Revocation Tracking Planning Department Rm. 763, City Hall STOP: 395

I Dept. Of Building and Safety Asst. Deputy Superintendent 201 N. Figueroa St., Rm. 300-P Los Angeles, CA 90012 STOP: 115


I


(When required) RECORDING REQUESTED BY AND MAIL TO:

LOS ANGELES DAILY JOURNAL - SINCE 1888 -

915 E FIRST ST, LOS ANGELES, CA 90012 Mailing Address: P.O. Box 54026, Los Angeles, California 90054-0026

Telephone (213} 229-5300/ Fax (213) 680-3682

Julia Amanti CITY OF LA.CITY CLERK, ADMIN SER 200 N SPRING ST ROOM 395 LOS ANGELES, CA- 90012

PROOF OF PUBLICATION

(2015.5 C.C.P.)

State of California ) County of Los Angeles ) ss

Notice Type: GPN - GOVERNMENT PUBLIC NOTICE

Ad Descriptio{Qj--0122 )

I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the LOS ANGELES DAILY JOURNAL, a newspaper published in the English language in the city of LOS ANGELES, county of LOS ANGELES, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of LOS ANGELES, State of California, under date 04/26/1954, Case No. 599,382. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:

03/03/2006

Executed on: 03/03/2006 At Los Angeles, California

certify (or declare) under penalty of perjury that the foregoing is true and correct.

Signature

This space for filing stamp only

DJ#: 934446

PUBLIC NOTICE The Planning and Land Use Management Committee of the Los Angeles City Council will hold a public hearing on Tuesday, March 28, 2006 at approXJmately 2~ p.m. or soon thereafter in the ard of Public Works Hearing Room 350, City Hall, 200 North Spring Stree~ Los Angeles, CA 90012, to consider an appeal filed by James Sinclair, Operator (Robert L Glushon, Representative), from part of the determinabon of the Zoning Administrator, in imposing certain Conditions to be retained, modified or added, and requiring a full menu during aH business hours; a maximum occupancy of 400 persons; and requiring the business to close by 12 midnight for operation of the business known as "Club Blue" located at 1642 North Las Palmas Avenue. (According to the Zoning Administrator. the appellant seeks to change the facility from a restaurant to a supper club, and proposes a three-month review of Conditions.) ~: Oty of Los Angeles, OHice of Zoning Administration The full Los Angeles City Council will also consider this matter on Wednesday, April 12, 2006 at approximately ~ a.m. or soon thereafter in John Ferraro cciunc1I Chamber. Room 340, City Hall at 200 North Spring Street. II you are unable to appear at these meetings, you may subrr,t your comments in writing. The Council file Number ~ !!122. may be reviewed in the Office of the Cliy Clerk. Written comments may be addressed to the City Oerk, Room 395, City Hall, 200 North Spring Street, Los Angeles, CA 90012. Please be advised that both the Planning and Land Use Management Committee and City Council reserve the right to continue this matter to a later date, subject to any time limit constraints. Please contact this office if you would hke to be notified of any future hearing dates should the Committee or Council not act on this matter on the aforementioned date(s). FRANK T. MARTINEZ, CITY CLERK ~::;'&; City of Los Angeles

DJ-9344461

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Daily Journal - publish on or before - FRIDAY, MARCH 3, 2006 Newspaper

PUBLIC NOTICE

The.Planning and Land Use Management Committee of the Los Angeles City Council will hold a public hearing on Tuesday. March 28. 2006 at approximately 2:00 p.m. or soon thereafter in the Board of Public Works Hearing Room 350, City Hall, 200 North Spring Street, Los Angeles, CA 90012, to consider an appeal filed by James Sinclair, Operator (Robert L. Glushon, Representative), from part of the determination of the Zoning Administrator, in imposing certain Conditions to be retained, modified or added, and requiring a full menu during all business hours; a maximum occupancy of 400 persons; and requiring the business to close by 12 midnight for operation of the business known as "Club Blue" located at 1642 North Las Palmas Avenue. (According to the Zoning Administrator, the appellant seeks to change the facility from a restaurant to a supper club, and proposes a three-month review of Conditions.)


The full Los Angeles City Council will also consider this matter on Wednesday. April 12. 2006, at approximately 10:00 a.m. or soon thereafter in John Ferraro Council Chamber, Room 340, City Hall at 200 North Spring Street.

If you are unable to appear at these meetings, you may submit your comments in writing. The Council file Number 04-0122 may be reviewed in the Office of the City Clerk. Written comments may be addressed to the City Clerk, Room 395, City Hall, 200 North Spring Street, Los Angeles, CA 90012.


#040122pubA

FRANK T. MARTINEZ, CITY CLERK of the City of Los Angeles

File No. 04-0122 Ordinance No. 165,851

AFFIDAVIT OF MAILING NOTICE OF PUBLIC HEARING

STATE OF CALIFORNIA } County of Los Angeles} ss

Bruni Pelletier, being duly sworn, deposes and says: that he is a Deputy City Clerk of the City of Los Angeles; that he did on the 3rd day of March,2006, mail, postage prepaid, to all persons within a radius of 500 feet from the exterior boundaries of the property involved in the

Club Blue Ppty. located at 1642 N. Las Palmas Ave.

DIR 2003-3688 (RV} (PAl}

at their last known address as shown upon the records of the City Clerk, a notice of said hearing, a true copy of which notice is hereto attached and made a part hereof.

That there is a regular daily communication and service by mail between the City of Los Angeles, and each of the addresses to which notices were mailed.

Subscribed and sworn to before me this 3rd day of March,2006.

~~~ ~in and for the County

of Los Angeles, State of California

DEPUTY CITY CLERK

CF #04-0122 DIR 2003-3688 (RV) (PAI)

Proof:

Council District:

Planning Committee:

Property Located at

Frank T. Martinez, City Clerk Attn: Land Records Division

Public Notices Section 201 N. Figueroa St. Room 730 Los Angeles CA 90012

Councilrnember Eric Garcetti 13th District Room 470, City Hall Stop 222

Councilmember Ed P. Reyes 1st District Room 410, City Hall Stop 201

Councilrnember Jack Weiss 5th District Room 440, City Hall Stop 208

Councilrnember Jose Huizar 14th District Room 425, City Hall Stop 223

Log3


KAREN E. KALFAYAN Executive Oft1cer

When making inqu.iries relative to this matter refer to File No.

04-0122 DIR 2003-3688 (RV) (PA 1) CD13

"Y-OF Los ANGELES CALIFORNIA

ANTONIO R. VILLARAIGOSA MAYOR

Office of the CITY CLERK


Los Angeles, CA 90012 Council File Information - (213) 978-1044

General Information - (213) 978-1133 Fax: (213) 978-1040

CLAUDIA M. DUNN Chief, Council and Public Services Division

March 3, 2006


You are hereby notified that the Planning and Land Use Management Committee of the Los Angeles City Council will hold a public hearing on Tuesday, March 28. 2006, at approximately 2:00 p.m., or soon thereafter in the Board of Public Works Hearing Room 350, City Hall, 200 North Spring Street, to consider an appeal filed by James Sinclair, Operator (Robert L. Glushon, Representative), from part of the determination of the Zoning Administrator, in imposing certain Conditions to be retained, modified or added, and requiring a full menu during all business hours; a maximum occupancy of 400 persons; and requiring the business to close by 12 midnight for operation of the business known as "Club Blue" located at 1642 North Las Palmas Avenue. (According to the Zoning Administrator, the appellant seeks to change the facility-from a restaurant to a supper club, and proposes a three-month review of Conditions.)


The full Los Angeles City Council will also consider this matter on Wednesday, April 12. 2006, at approximately 10:00 a.m. or soon thereafter in John Ferraro Council Chamber, Room 340, City Hall at 200 North Spring Street.

If you are unable to appear at these meetings, you may submit your comments in writing. The file and appeal referred to above can be reviewed in the Office of the City Clerk. Written comments may be addressed to the City Clerk, Room 395, City Hall, 200 North Spring Street, Los Angeles, CA 90012.

Please be advised that both the Planning and Land Use Management Committee and City Council reserve the right to continue this matter to a later date, subject to any time limit constraints. Please contact this office if you-would like to be notified of any future hearing dates should the Committee or Council not act on this matter on the aforementioned date(s).

~~ Barbara Greaves Legislative Assistant Planning and Land Use Management Committee, 213-978-1068

Note: If you challenge this proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing· described in this notice, or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. Any written correspondence delivered to the City Clerk before the City Council's final action on a matter will become a part of the administrative record. The time in which you may seek judicial review of any final action by the City Council is limited by Galifomia Code of Civil Procedure Section 1094.6 which provides that an action pursuant to Code of Civil Procedure Section 1094.5 challenging the Council's action must be filed no later than the 90th day following the date on which the Council action becomes final. #04001221tra


CASE NO. nm 2003-3688 (RV) PAl CF04-0122 ADJOINING PROPERTY OWNERS LIST

Vince Quitoriano Revocation Tracking-Planning Dept. Room 763, City Hall Stop 395

Dept of Building and Safety Asst. Deputy Superintendent 201 N. Figueroa St Room 300-P Stop 115

LAPD Organized Crime & Vice Div. Community Problems Unit 419 S. Spring St. Los Angeles CA 90013

Robert Nudelman 1737N. Whitley Ave. Los Angeles CA 90028

David Carlat 1017 N. La Cienega Blvd. #103 West Hollywood CA 90069

Paulo & Flora Greco Trust 4824 Los Feliz Blvd. Los Angeles CA 90028

Patrick S. Perry 30432 Passageway Place Agoura Hills CA 91301

Stealth Corporation 8306 Wilshire Blvd. #323 Beverly Hills CA 90211

Dan Green, ZA Office of Zoning Administration Room 763, City Hall Stop 395

Michael Klekner City Attorney, Land Use Division 200 N. Main St. 7°1 Fir. CHE Stop 140

LAPD - Hollywood Vice 1358 N. Wilcox Ave. Stop 406

LAPD 150 N. Los Angeles St. Stop 400

Elizabeth Peterson 6381 Hollywood Blvd. #570 Los Angeles CA 90028

Bruce Perdew 1334 Smalla Dr. Glendale CA 91207

Rodney Perdew 1642 N. Las Palmas Ave. Los Angeles CA 90028

Jeffrey F. Fax, Esq. 805 S. Figueroa St. #2600 Los Angeles CA 90017

WOW Productions, LLC 6671 W. Sunset Blvd. #1590 Los Angeles CA 90028

Councilmember Garcetti CD#13 Planning Liaison: Alison Becker Stop222

Jeri Burge City Attorney, Land Use Division 200 N. Main St. 7°1 Fir. CHE Stop 140

Julie Covarrubias LAPD-OCVD 419 S. Spring St #600 Stop933

State of California Dept of ABC 3530 Wilshire Blvd. Ste 1110 Los Angeles CA 90013

Det. Luis Chavez 419 S. Spring St. Los Angeles CA 90013

Vincent Cravens State ABC - Metro 3530 Wilshire Blvd. #1110 Los Angeles CA 90010

Club Blue 1642 N. Las Palmas Ave. Los Angeles CA 90028

Joseph Simon, Tr. 1618 N. Las Palmas Ae. Los Angeles CA 90028

Jack Arian & Associates 503 N. Victory Blvd. Burbank CA 91502

~moottn teea !;heets I m

5547004003 / 033688 CIM EISEN HOLLYWOOD LLC 2235 FARADAY AVESTEO CARLSBAD, CA 92008

v 5547009003/033688

JONES,ANNE R ET AL TRS 6667 HOLLYWOOD BLVD HOLLYWOOD, CA 90028

5547009006/033688 ADERTON,JANE R TR ET AL 249 WILDWOOD AVE PIEDMONT, CA 9_4610

5547010001/033688 OUTPOST BLDG CO 2118 WILSHIRE BLVD NO 421

, SANTA MONICA, CA 90403

5547010013 / 033688 : BOLO UR TRUST NUMBER THREE

849 S BROADWAY LOS ANGELES, CA 90014

5547012006 / 033688 ESP CO LTD 1655 N MCCADDEN PL HOLLYWOOD, CA 90028

5547012018 / 033688 BUILDING MANAGEMENT SERVICES 6331 HOLLYWOOD BLVD NO 1200 LOS ANGELES, CA 90028

5547013003 / 033688 RAMSEY.PAUL CO TR ET AL 6671 W SUNSET BLVD NO 1575 LOS ANGELES, CA 90028

5547013007 I 033688 WATSON.DAVID D 6762 HA WTIIORN A VE HOLLYWOOD, CA 90028

Address Labels

5547004904 / 033688 LACITY 111 E lstSTN0201 LOS ANGELES, CA 90012

5547009004 / 033688 JONES,ANNE R ET AL TRS 2121 EPACIFICCOASTHWYN0280 CORONA DL MAR, CA 92625

5547009020/033688 VICTOR,PANDORA TR ET AL POBOX786

REDONDO BEACH, CA 90277

5547010010 I 033688 HOLLYWOOD PLAZA ASSOCIATES LL C 849 S BROADWAY NO 908 LOS ANGELES, CA 90014

5547010015 / 033688 EPSTEIN,AARON MAND EUGENE E 13455 VENTURABLVDN0209 SHERMAN OAKS, CA 91423

5547012014 / 033688 'ESPGAKUEN . 1655 N MCCADDEN PL ' HOLLYWOOD, CA 90028

5547013001/033688 SIMON,JOSEPH E TR ET AL PO BOX 186

CATHEYS VALLEY, CA' 95306

v 5547013005 / 033688

RAMSEY,PAUL CO TR ET AL 3 BEACONBAY NEWPORTBEACH,CA 92660

5547014005 / 033688 SIMON,JOSEPH E TR ET AL 1618 N LAS PALMAS A VE HOLLYWOOD, CA 90028

I

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5547009002 / 033688 KHORSHIDl,MANOUCHER TR ET AL 1856 LOMA VISTA DR BEVERLY H~. CA 90210

5547009005/033688 ULLMAN INVESTMENTS LTD 1618 N LAS PALMAS AVE HOLLYWOOD, CA 90028

v SUAYA,ADOLFO A 8314 MARMONT LN

5547009021/033688

LOS ANGELES, CA 90069

5547010012 / 033688 6741 HOLLYWOOD ASSOCIATES LLC 849SBROADWAYLOBBY

, LOS ANGELES, CA 90014

5547011015 / 033688 6753 HOLLYWOOD ASSOCIATES LLC 849 S BROADWAY LOBBY LOS ANGELES, CA 90014

5547012016/033688 MAXSON,RODMAN H CO TR 8802 CARDINAL AVE FOUNTAINVLY,CA 92708

5547013002/033688 LA KRE'IZ,MORTON TR ET AL 6671 W SUNSET BLVD NO 1575 HOLLYWOOD, CA 90028

5547013006/033688 i MUSICIANS INSTITUTE INC

1621 N MCCADDEN PL LOS ANGELES, CA 90028

5547014010 I 033688 WOW PRODUCTIONS LLC 6671 W SUNSET BLVD STE1590 HOLLYWOOD, CA 90028

Laser

~mootn teea :,neets I ffl

·V 5547014011/033688

MENASHE,ELLIOT ET AL 1200 W OLYMPIC BLVD LOS ANGELES, CA 90015

5547014015 / 033688 MICELIS LAS PALMAS INC 3655 CAHUENGA BLVD W LOS ANGELES, CA 90068

5547014026 / 033688 CROSSROADSPROPERTIESILLC 6671 W SUNSET BLVD STE 1575 HOLLYWOOD, CA 90028

5547014033 / 033688 FULLER,IRVING AND BONNIE C TRS 708 N SIERRA DR BEVERLY HILLS, CA 90210

5547014902 / 033688 LA UNIFIED SCHOOL DIST 400SHOPEST LOS ANGELES, CA 90071

5547015014 / 033688 PARK,SEON TR 3476 COLDWATER CANYON AVE STUDIO CITY, CA 91604

5547019034 / 033688 FIRST BAPTIST CHURCH 6682 SELMA AVE LOS ANGELES, CA 90028

.AVERY® Address Labels

'./ \/ 5547014012 / 033688

ARIAN,JACK AND ASSOC 503 N VICTORY BLVD BURBANK, CA 91502

5547014018 / 033688 GRECO,PAOLO AND FLORA TRS 4824 LOS FELIZ BLVD LOS ANGELES, CA 90027

5547014029 / 033688 AMERICAN CINEMATHEQUE 1800 N HIGHLAND AVE STE 717 HOLLYWOOD, CA 90028

5547014042 / 033688 SIMON.JOSEPH E TR ET AL 1618 N LAS PALMAS A VE HOLLYWOOD, CA 90028

5547014904/033688 LA UNIFIED SCHOOL DIST POBOX2298


5547015028/033688 6622 HOLLYWOOD PARTNERS LLC 1800 ARGYLE A VE NO 500 LOS ANGELES, CA 90028

v 5547019035 / 033688

ARCHDIOCESE OF LA EDUC AND 3424 WILSHIRE BLVD LOS ANGELES, CA 90010

use template ror !>lbU""

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DAN,ZELDA 5547014014 / 033688

8105 CANBY AVE RESEDA, CA 91335

5547014024/033688 ULLMAN,SHARI LET AL 1618 N LAS PALMAS AVE HOLLYWOOD, CA 90028

vv 5547014032/033688

STEALTH CORPORATION 8306 WILSHIRE BLVD NO 323 BEYERL Y HILLS, CA 90211

5547014900 I 033688 1

LA UNIFIED SCHOOL DIST 1609 N CHEROKEE AVE HOLLYWOOD, CA 90028

5547015001/033688 ORIENT INC 37 ROLLINGWOOD DR ROLLING HILLS ESTATES, CA 90274

5547015031/033688 AMBER ENTERPRISES INC 6648 HOLLYWOOD BLVD LOS ANGELES, CA 90028

Laser 5160®

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OCCUPANT DIR 2003-3688-RV 1610 CHEROKEE AVE #1


OCCUPANT DIR 2003-3688-RV 1619 CHEROKEE AVE






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OCCUPANT DIR 2003-3688-RV OCCUPANT DIR 2003-3688-RV 1646 CHEROKEE AVE 1648 CHEROKEE AVE

LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

OCCUPANT DIR 2003-3688-RV OCCUPANT DIR 2003-3688-RV 1652 CHEROKEE AVE 1653 CHEROKEE AVE


OCCUPANT DIR 2003-3688-RV OCCUPANT DIR 2003-3688-RV 1655 CHEROKEE AVE 1655 CHEROKEE AVE #1


OCCUPANT DIR 2003-3688-RV OCCUPANT DIR 2003-3688-RV 1710 CHEROKEE AVE #1 1710 CHEROKEE AVE #2




OCCUPANT DIR 2003-3688-RV OCCUPANT DIR 2003-3688-RV 1717 CHEROKEE AVE #1 1720 CHEROKEE AVE


OCCUPANT DIR 2003-3688-RV OCCUPANT DIR 2003-3688-RV 1726 CHEROKEE AVE #1 1733 CHEROKEE AVE



















LOS ANGELES, CA 90028 LOS .ANGELES, CA 90028


LOS ANGELES, CA 90028 LOS .ANGELES, CA 90028




LOS .ANGELES, CA 90028 LOS .ANGELES, CA 90028

OCCUPANT DIR 2003-3688-RV OCCUPANT DIR 2003-3688-RV 1735 CHEROKEE AVE 6762 HAWTHORN AVE


OCCUPANT DIR 2003-3688-RV OCCUPANT DIR 2003-3688-RV 6766 HAWTHORN AVE 6772 HAWTHORN AVE


OCCUPANT DIR 2003-3688-RV OCCUPANT DIR 2003-3688-RV 6772 HAWTHORN AVE #1 6772 HAWTHORN AVE #10












OCCUPANT DIR 2003-3688-RV OCCUPANT DIR 2003-3688-RV 6615 HOLLYWOOD BLV 6616 HOLLYWOOD BLV


OCCUPANT DIR 2003-3688-RV OCCUPANT DIR 2003-3688-RV 6616 HOLLYWOOD BLV #1 6616 1/2 HOLLYWOOD BLV






OCCUPANT DIR 2003-3688-RV OCCUPANT DIR 2003-3688-RV 6620 1/2 HOLLYWOOD BLV 6621 HOLLYWOOD BLV #1


OCCUPANT DIR 2003-3688-RV OCCUPANT DIR 2003-3688-RV 6621 HOLLYWOOD BLV #2 6622 HOLLYWOOD BLV


OCCUPANT DIR 2003-3688-RV OCCUPANT DIR 2003-3688-RV 6623 HOLLYWOOD BLV 6623 1/2 HOLLYWOOD BLV










OCCUPANT DIR 2003-3688-RV OCCUPANT DIR 2003-3688-RV 6630 HOLLYWOOD BLV #1 6630 HOLLYWOOD BLV #2










OCCUPANT DIR 2003-3688-RV OCCUPANT DIR 2003-3688-RV 6646 1/2 HOLLYWOOD BLV 6648 HOLLYWOOD BLV










OCCUPANT DIR 2003-3688-RV OCCUPANT DIR 2003-3688-RV. 6655 HOLLYWOOD BLV #1 6655 HOLLYWOOD BLV #10














OCCUPANr DIR 2003-3688-RV OCCUPANT DIR 2003-3688-RV 6661 1/2 HOLLYWOOD BLV #2 6663 HOLLYWOOD BLV


OCCUPANT DIR 2003-3688-RV OCCUPANT DIR 2003-3688-RV 6664 HOLLYWOOD BLV 6666 HOLLYWOOD BLV #1
















OCCUPANT DIR 2003-3688-RV OCCUPANT DIR 2003-3688-RV 6715 HOLLYWOOD BLV #2 6715 1/2 HOLLYWOOD BLV


OCCUPANT DIR 2003-3688-RV OCCUPANT DIR 2003-3688-RV 6715 1/4 HOLLYWOOD BLV 6715 3/4 HOLLYWOOD BLV
























OCCUPANT DIR 2003-3688-RV OCCUPANT DIR 2003-3688-RV 6729 3/4 HOLLYWOOD BLV 6731 HOLLYWOOD BLV #1








OCCUPANT DIR 2003-3688-RV OCCUPANT DIR 2003-3688-RV 1555 N LAS PALMAS AVE #1 1555 N LAS PALMAS AVE #2


OCCUPANT DIR 2003-3688-RV OCCUPANT DIR 2003-3688-RV 1555 N LAS PALMAS AVE #3 1601 N LAS PALMAS AVE


OCCUPANT DIR 2003-3688-RV OCCUPANT DIR 2003-3688-RV 1608 N LAS PALMAS AVE 1610 N LAS PALMAS AVE










OCCUPANT DIR 2003-3688-RV OCCUPANT DIR 2003-3688-RV 1643 N LAS PALMAS AVE 1645 N LAS PALMAS AVE #1














OCCUPANT DIR 2003-3688-RV OCCUPANT DIR 2003-3688-RV 1621 N MCCADDEN PL 1622 N MCCADDEN PL


OCCUPANT DIR 2003-3688-RV OCCUPANT DIR 2003-3688-RV 1655 N MCCADDEN PL #1 1666 N MCCADDEN PL


OCCUPANT DIR 2003-3688-RV OCCUPANT DIR 2003-3688-RV 1721 N MCCADDEN PL 6610 SELMA AVE


OCCUPANT DIR 2003-3688-RV OCCUPANT DIR 2003-3688-RV 6610 SELMA AVE #1 6610 SELMA AVE #2






OCCUPANT DIR 2003-3688-RV OCCUPANT DIR 2003-3688-RV 6636 SELMA AVE 6684 SELMA AVE


OCCUPANT DIR 2003-3688-RV OCCUPANT DIR 2003-3688-RV 6700 SELMA AVE 6700 SELMA AVE #1






OCCUPANT DIR 2003-3688-RV OCCUPANT DIR 2003-3688-RV 6710 SELMA AVE #2 6711 1/2 SELMA AVE










DANIEL GREEN ACTING CHIEF ZONING ADMINISTRATOR

ASSOCIATE ZONING ADMINISTRATORS

GARY BOOHER PATRICIA BROWN

R. NICOLAS BROWN ANIK CHARRON

EMILY J. GABEL-LUDDY LOURDES GREEN

LINN WYATT

February 9, 2006

Honorable City Council City of Los Angeles Room 395, City Hall Los Angeles, CA 90012

Honorable Members:

I

.. }ITY OF Los ANGEL--· DEPARTMENT OF

CITY PLANNING MARK WINOGROND

INTERIM DIRECTOR

CALIFORNIA

OFFICE OF

ZONING ADMINISTRATION

200 N. SPRING STREET, 7'" FLOOR

Los ANGELES, CA 90012 (213) 978-1318

ANTONIO VILLARAIGOSA FAX: (213) 978-1334

MAYOR www.lacity.org/PLN

Case No. DIR 2003-3688(RV)(PA1) Appellants: James Sinclair Address: 1642 North Las Palmas Avenue Council District: 13 Plan: Hollywood Environmental: ENV 2003-2410-ND

In accordance with Municipal Code Section 12.27.1 and Condition No. 29 of Case No. DIR 2003-3688(RV), as adopted by the City Council on March 16, 2004, the abovecaptioned files, which are the subject of the attached appeal, are transmitted for your consideration.

Appeal Request: The appellant is appealing certain Conditions of the Zoning Administrator's determination. Conditions requiring a full menu during all business hours; maximum occupancy of 400 persons; and requiring the business to close by 12 midnight. The appellant seeks to change the facility from a restaurant to a supper club, and proposes a three-month review of Conditions.

Background: On January 19, 2006, Acting Chief Zoning Administrator Daniel Green, acting for the Director of Planning, pursuant to the provisions of Section 12.27 .1, found that the operation of the restaurant use has been inconsistent and retained, modified or added itions to eli · ate or prevent nuisance activities.

DANIEL GRE Acting Chief Zo

DG:lmc PLANNING & LAND USE MANAGEMENT


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APPEAL TO THE:

CITY OF LOS ANGELES PLANNING DEPARTMENT

__ , ~MASTER APPEAL FORM

Central Area Planning Commission

REGARDING CASE NO.: _n_r_R_2_0_0_3_-3_6_0_0_(R_v_J_(_PA_1_J ____ _

This application is to be used for any authorized appeals of discretionary actions administered by the Planning Department. Appeals must be delivered in person with the following information filled out and be in accordance with the Municipal Code. A copy of the action being appealed must be included. If the appellant is the original applicant, a copy of the receipt must also be included.

APPELLANT INFORMATION: PLEASE PRINT CLEARLY

Name James Sinclair (Op)

1642 N Las Palmas Mailing Address------------------------------

___ L_o_s_An_g_e_l_e_s_,_CA _________ _;Zip:. __ 90_0_2_0 _______ _

Work Phone: ( ) _3_2_3_4_6_0_4_6_32 ______ Home Phone: ( 323 273 5147

a)

b)

c)

d}

Are you or do you represent the original applicant? (Circle One) @§) NO

I Are you filing to support the original applicant's position? (Circle One) @§) NO . i

1

I I

Are you filing for ourself or on behalf of other parties, an organization or company? (Circle One) . SELF ·. OTHER 1

1 I

If "other" please state the name of the person(s), organization or company (print clearly or type) . I

I

\

REPRESENTATIVE I

Name Robert L Glushon, 15821 Ventura Blvd, Suite 600, Encino CA 91436

Mailing Address TEL: 818 907 8755 \ ~--

Elizabeth Peterson, 6381 Hollywood Blvd #570, Hollywood CA 90028

__ T_E_L_:_3_2_3_4_6_4_-6_5_7_5 __________ 2ip ---------I

Work Phone: ( ---------- Home Phone : (

APPEAL INFORMATION

A complete copy of the decision letter is necessary to determine the final date to appeal, under what authorizing legislation, and what, if any, additional materials are needed to file the appeal.

I Appeals to the City Council from a determination on a Tentative Tract (TT or VTT) by the City (Area) Planning Commission must be filed within 10 days of the orally stated determination of the Commission atthe Commission hearing. Do notwaitforthe

1

decision letterto appeal.

I Final Date to Appeal: February 3rd 2005

of3

REASONS FOR APPEALING

Are you appealing the entire decision or parts of it?

• • Entire t3)Part

Indicate: 1) How you are aggrieved by the decision; and 2) Why do you believe the decision-maker erred or abused their discretion? If you are not appealing the whole determination, please explain and specifically identify which part of the determination you are appealing.

Attach additional sheets if necessary. Additional Pages Attached (Attachment 1)

Should any pages be missing or incomplete please contact:

323 273 5147

ADDITIONAL INFORMATION

original applicants must pay mailing fees to BTC and submit copy of receipt. (BTC not required for Building and Safety Appeals)

any additional information or materials required for filing an appeal must be provided in accordance with the LAMC regulations as specified in the original determination letter. Copy of determination/decision letter is required.

acceptance of a complete and timely appeal is based upon successful completion and examination of all the required information.

- seven copies and the orig~appeal are required.

I certify that the statements c?~id in this application are complete and true:

OFFICIAL USE ONLY

arty)

Copies provided:

Determination Authority Notified Of necessary) ~

Date

• • Receipt ( original applicant only)

CP-7769 (01/26/05) P:\WORDPROC\CPFORMS\CP?000\7769.wpd

LA Departmant of Building and Safety LA 03 10 158790 02/01/06 04:37PM

PLAN & LAND USE ONE STOP CITY PL DEVELOPMT SURCHG OPERATING SURCHG

Total Due: Cash:

Change:

Applicant

Representative

$64.00 $1.00 $4.00 $4.00

--------------$73.00

$100.00

$27.00

Department of City Planning Los Angeles

:ity Planning Request

258704

will analyze your request and accord the same full and impartial consideration to your application. tain the services of anyone to represent you.

I nis filing fee is required by Chapter 1, Article 9, L.A.M.C.

Project Address I G 2 /0. LJ4,.S PJ!lL£UA!; Telephone Number 323 2S'I 26{, 7

Sub Total Fees Paid

OSS Surcharge - 2%

Development Surcharge - 6%

Operating Surcharge - 7%

Expediting Fee $

Bad Check Fee $

Miscellaneous/Photocopy $ $

TOTAL FEES PAID $ I

Yi Cash

., ("', Check I--------

Council District l3 ( ) Money Order#_.,... ____ _

Plan Area ~\)) l 'tJ LJ,)::Jd~ . _ _ . ~ _____ ., ............... _, __ ... _LA_uePar·.tfiient of' Bu1ld1i1s and ::iaret!:i

Processed by b yJ\ 2 Print & sign

White • Applicant Canary· Return to Planning Pink· Building & Safety Golden Rod· Master Copy

Form CP 7107 (Rev. 5/051

LA 03.10 15879Q 02/01/06 04:37PM

PLAM .~ LAMD USE G~~:::. STOP CITY PL DEVELOPMT SiJRC:HG OPERATING SURCHG

Tot.al Due~ C:l\sh :_

$64.00 41 .nn H·.cio H.00

'$,73~ (i(I $1.CiO. 0(1

$27.00

DANIUGRHIII Ar.llNCl;'HIH .. ONINGI\OMINIHUTO~

CITY OF Los ANGELES

... ,..uc,ur ZONINUAOMINIPIMTO~I

CI\RY 800HFR PJITRIC:IA BROWN

R. N1C0LAS BROWN ANl!t CHi',RRON

EMILY J. CADl;l-LUDDY I OURms GREEN

LINNWYAU

CAl..l!i='ORNIA DEPI\R1MHtT tJF CITY l'LANNll'II() MARK WINOGRONn

JNY! KIM 0.RECTUII

OFflCEOf

ZONlNC ADMINISTltATION 200 N. Sl'RING SIKLLr, 1'" FLOQJI

I.CXI\NCCLU. CA 90012 1213) 971J.1ltll

ANTONIO VILLA.RAIGOSA FAlr (213J 971!·1l34

January 19, 2006

Chief Zoning Administrator (A) Office of Zoning Administration 200 North Spring Street, Room 763 Los Angeles, CA 90012 ·

Paolo Greco (0) 4824 Los Feliz Boulevard Los Angeles, CA 90027

Elizabeth Peterson (R) 6381 Hollywood Boulevard, #570 Hollywood, CA 90028

James Sinclair (Op) The Paja Group 9461 Charleville Boulevard, #359 Beverly Hills, CA 90212

Department of Building and Safety

MAYOi! www.lai.:ify.org/PlN

CASE NO. DIR 2003-3688(RV)(PA1) REVIEW OF CONDITlONS 1642 North Las Palmas Avenue Hollywood Planning Area Zone : C4-2D D. M. : 148.5A185 C. D. : 13 CEQA : ENV 2003-2410-ND Fish and Game : Exempt Legal Description : Lots 1 and 2,

Eulalie Tract

Pursuant to Los Angeles Municipal Code Section 12.27.1 and Condition 29 of Case No. DIR 2003-3688(RV), as adopted by the City Council on March 16, 2004, I hereby FIND:

that the operation of the restaurant use has been Inconsistent since that date.

I hereby RETAIN, MODIFY, and/or 8DD Conditions as follows:

1 . All other use, height and area regulations of the Municipal Code and all other appJicabJe government/regulatory agencies shall be strictly compiled within the development and use of the property, except as such regulations are herein specifically varied or required. {l.A 98~0399)

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 8" t except as may be revised as a result of this action. (DIR 2003-3688(RV)(PA1)

AN ~UAL, EMPLOYMENT OPPORTUNITY - AFFIMMATl11&: ACTIDN li:IIIPLQYl!:R

CASE NO. DIR 2003-3688(RV)(PA1) PAGE2

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. (ZA 98-0399)

4. AH graffiti on the site shall be removed or painted over to match the color of the wall surface to which it is applied within 24 hours of Its occurrence. (2A 98-0399)

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 Included in the "notes11 portion of the buHdl~ any plans submitted to the Zoning Administrator, ft1"ld the Department of Building and Safety, or any other public agency for purposes of having a building permit or any license issued. (DIR 2003-3688(RV)(PA1)

6. The authorization granted herein Is for a period of 8 years from the effective date of the subject grant (December 7. 1998). Thereafter (December 7, 2006), the permit shall automatlcally expire and the applicant will be required to secure a new permit to continue the use. (ZA 98-0399) (Clarified 11-03)

7. Page 1 cf tne grant and all eot"lditions ef l!IPPffl'v'al shall be prl"ted on the buildi"g plans submitted te the Zoning Administrator and the Department of Building amt Safety. (ZA 98-0399) (Deleted 11-03}

Condition Nos. 8-34 are volunteered by the applicant. {l.A 98-0399)

8. (Deleted 11-03}

9. There shall always be 200 seats set for food service at all times during business hours. fZA 98-0399)


11. (Deleted 11-03)

12. There shall be no exterior advertising of any kind or type, Including advertising directed to the exterior from within, promoting or indicating the availability of beverages. A menu may be posted 1 however. (ZA 98-0399)


14. Alcoholic beverages shall not exceed 50% of the gross sales of food during any month. Records of food sales and alcohol sales shall be provided to the Zoning Administrator on a monthly basis. (DIR 2003-3688(RV)(PA 1)


CASE NO. DIR 2003-3688(RV)(PA 1) PAGE3

16. The applicant shall hire a certified noise engineer who will determine the maximum level the interior music amplification can be set and still comply with the City Noise Ordinance. The report of the consultant shall be submitted to the Zoning Administrator for review and approval within 60 days of the effective date of this determination. The club rn .Music amplification shall be kept et within the level allowed by the City ordinance at all times. The double doors leading outside to the rear patio shall have automatic doorcloslng devices added to ensure they are always kept closed. (DIR 2003-3688(RV)(PA1)


18. There shall be no encfosed customer booths. lf booths exist, they shall only be separated by a partition. (ZA 98-.0399)


20. A full menu shall be available until 1.1 r,.m. during all business hours. (DIR 2003" 3688(RV)(PA 1)


22. No employees shall be permitted to accept money or any other thing of value from a customer or be employed for the specific purpose of sitting with or otherwise spending time with customers while in said premises. The licensee shall not provide or permit or make available either gratuitously or for compensation, male or female persons who act as escorts, companions or guests of or for the customers. fZA 98-0399)

23. No employees shall solicit or accept any alcoholic or non-alcoholic beverage from any customer while in the premises. {ZA 98-0399)

24. No advertising of clttb beverages is allowed. (DIR 2003-3688(RV)(PA 1)

25. The applicant shall not sublet the premises to "promoters., for nightclub activity. (ZA 98-0399)

26. The applicant may also maintain a live theater and music, motion picture, video screening, record release and listening parties, band and orchestral rehearsals as well as special events, provided all necessary permits and licenses, where required for such activities, are valid. (ZA 98-0399)


28. No outside public telephone is permitted on site. Any public pay phone on the interior

CASE NO. DIR 2003-368B(RV)(PA1) PAGE4

shall be located in an area within full view of the restaurant staff and not located within any restroom. (ZA 98 .. 0399)

29. Plan Approval Review 1withil'l-ti"tree months. ',"'Jithin three-mo"tlis of the effeetive date of-t:his determination. bt:1t not less than hto months, In Oetober 2005, the applicant shnH1He a Pla,, Approval Re'fie-n1 e.pplieation ($649 577) for the purpose of evaluating the effeetiueness of all Gandltlens of the action and whether the use continues to violate CJonditions and eo11ti11t:1eg to eonstitl1te a nuisance. A pt:1blle hearing shell be held te heer from 811 depsl'tmel"lts and eeneerned parties. This nearing ma, resttlt in the r~1oeation of the 1::1se should it be-determined that there Is r,er, eempliemee Y1ith the Conditions of approval and/or continued- nuisftnce activities. Notifieatiefl labels shall be provided by the owner/operator far owners 8"d oeet:r~ame within a 500.ofeet radius.

The er,plicarit shelf pre·,·ide api:,ropriate doet1mentation tc substantiate on-going compliance of the appliesnt with each cf the Gonditione eontal"ecl l,erreit, at the time ef flll"S the Plan Appm·;1.sl Rettiew applicatiori. Compli8nce ean be dete11,,il"led based 1.1pot1 photographs, poliee records, receipts ai,d ether similar l!\1ider1ee. Modifications to Oondmons. 11ts l!ipprepriate, may be considered at this time ftnd msy-inelude the expansion of he1:1rs. (DIR 2003-3688(RV)(PA 1 )

30. Any future operator or owner for this site must file a new Plan Approval application to allow the City to review the "mode and character" of a possible new restaurant.


32. Any private rental use shall be required to be shown, sign for and follow all of the Conditions of this grant. (ZA 98-0399)

33. Proof of quarterly meetings with Hollywood Vice shall be submitted to the Zoning Administrator at the time of a plan approvttl review within 1 O days of their occurence. (Modified 11~03), (DIR 2003-3688(RV){PA1))

34. A copy of these Conditions shall be kept on site at all times. All employees shall be familiar with the Conditions. (ZA 98-0399)

35. Withjn 10 days of the effective date of this determination. a A parking plan shall be submitted to the Zoning Administrator for approval which will provide for new or additional off-street parking for the duration of the new use Involved. At least 100 Q._arking spaces shall be secured by exclusive leases at 6725 Sunset Boulevard and .§.t 1715 Las Palmas Avenue for all hours of operations to the satisfaction of the Zoning Administrator. The applicant shall also provide evidence that such narklng locations are registered with the Police Commission and the Office of Finance. (ZA 98-0399) (DIR 2003-3688(RV)(PA 1}

36. The applicant shall develop a detailed security plan within 30 days of the effective date of thla determination which shall be reviewed by Hollywood Vice and approved by the Zoning Administrator. The plan shall includ(;l: (ZA 98 .. 0399)


a. Twel't'e Six State-41censed security officers at all times the elttb restaurant is open and until one hour after closing based on a maximum capacity of 400 anti a ratio ef three seettrt~· gt1arde per 100 patrons.

b. Selection of a security company from a list of at least 3 pofice approved companies.


d. The review and approval of security guards by Individual person's name if desired by the police.

e. The exact locations of security guards shall lnclttde~ 6 lr,side, o4 ot1tside the resta1:11'ft"t (2 in frtmt, 1 in the side alley ancl 1 ii, the rear patio) 8nd 1 eaeh at the two leati1ed off si:te parking sites be determined to the. Police Department with a copy of such plan provided to the Zoning Administrator upon its approval. (DIR 2003+-3688(RV)(PA1)



h. The type of drug awareness pollcy to follow when drug use Is detected and patrons detained based on police procedures.

I. How to effectively move patrons from the eftrb mstauranJ and disperse them without blocking streets or loitering next to the eh:ib restaurant after closing. (DIR 2003-3688(RV)(PA1)

j. Development of a management plan eo elub seeHrity prevents to preclude publlc drinking by patrons waiting in line to enter the elub. The goal of these 10 "performance" standards Is to develop a wall trained "pro active" security force which prevents public nuisances at the business. (DIR 2003-3688(RV)(PA 1) .


38. The adjacent alley emd public street sidewalk shall be swept on a daily basis after the close of business. (Modified 11-03)

39. No use of the alley is allowed. The applicant shall develop a "control" plan with review by Hollywood Vice showing where patrons will llne up, how they will be kept in an orderly line, and how many security would be used to control the patrons. No eh:tb patrons are allowed to stand in any public street adjacent to the site. The sidewalk on Las Pal mas must kept open at all times by efttb security personnel for the easy access of the general public. {DIR 2003-3688{RV)(PA 1)

CASE NO. DIR 2003-3688(RV)(PA1} PAGE6

40. The maximum occupancy of the business shall be 400 persons. (ZA 98-0399)

41. No "after hours" use of the dttb restaurant is allowed. The business must empty of patrons by 12 midnight daily. (DIR 2003~3688(RV)(PA1)

42. Valet parking mttst ~ be offered after 6 p.m. and no double parking is allowed on public streets. Off-site parking of cars by valets shall not be on public stmets. The location of valet parking sites and agreements for such sites shall be submitted to the Zoning Administrator within 10 days of the effective date of this determination. (DIR 2QQ3 .. 3688(RV)(PA 1)

43. The property owner shall grovlde a cashier's check payable to the City of Los Angeles in accgrdance with Section 19.01-P of the Los Angeles Munlcl12al Code, Within 30 days of the effective date of this determination. (DIR 2003-3688(RV)(PA 1)

44. The property owner shall record a covenant acknowledging and agreeing to comply with all the terms and conditions established herein in the County Recorder1s Office. The agreement (standard master covenant and agreement form CP-6770) shall run with the land and shall be binding on any subseguent owners. heirs or assigns. The agreement with the conditions attached must be submitted to tbe Zoning Administrator for approval before being recorded. After recordation, a certified cogy bearing the Recorder's number and date shall be provided to the Zoning Administrator for attachment to the subiect case file. (DIR 2003-3688(RV)(PA 1)

TRANSFERABILITY

This action runs with the land. In the event the property is to be sold, leased, rented or occupied by any person or corporation other than the current owner, it is incumbent that the owner advise them regarding the conditions of this action.

VIOLATIONS OF THESE CONDITIONS IS A MISDEMEANOR

It shall be unlawful to violate or fail to comply with any requirement or condition Imposed by final action of the Zoning Administrator, Board or Council. Such violation or failure to comply shall constitute a violation of Chapter 1 of the Municipal Code and shall be subject to the same penalties as any other violation of such Chapter. (Section 12.27.1 of the Municipal Code)

Every violat.lon of this determination is punishable as a misdemeanor and shall be punishable by a fine of not more than $1 ,000 or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment. (Section 11.00-M of the Municipal Code)

APPEAL PERIOD .. EFFECTIVE DATI;

The Zoning Administrator's determination in this matter will become effective after FEBRUARY 3, 2006, 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 orthe appeal will not be accepted. Forms are available on-line at www.lacity.org/pln. Public offices are located at:

Figueroa Plaza 201 North Figueroa Street,

4th Floor Los Angeles, CA 90012 (213) 462-7077

Marvin Braude San Fernando Valley Constituent Service Center

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

The time in which a party may seek judicial review of this determination Is governed by California Code of Civil Procedure Section 1094.6. Under that provision, a praUtioner may seek judicial review of any decision of the City pursuant to California Code of Civil Procedure Section 1094.5, only if the petition for writ of mandate pursuant to that section ls flied no later than the 90th day following the date on which the City's decision becomes final.

NO Tl CE

The applicant is further advised that ell subsequent contact with this office regarding this detennination must be with the Zoning Adm;nistrator who acted on the case. This would include clarification, verification of condition compliance and plans or building permit applications, etc., and shall be accomplished BY APPOINTMENT ONLY, in orderto assure that you recelve service with a minimum amount of waiting. You should advise any consultant representing you of this requirement as well.

FINDINGS OF FACT

After thorough consideration of the statements contained In the application, the plans submitted therewith, the report of the Zoning Analyst thereon, the statements made at the public hearing on September 25, 2003, all of which are by reference made a part hereof,

'as well as knowledge of the property and surrounding district, I find as fallows:

BACKGROUND

The property is a level, rectangular site, having a frontage of 60 feet on the east sida of Las Pafmas Avenue and a depth of 120 feet. The site is completely developed with a oneNstory building. Past use included an adjacent paved private alley, ten feet in width, to the north of the buildingt extending from Las Palmas Avenue to Cherokee Avenue. That private alley, however, rs not a part of the existing or proposed conditional use site as shown .on the submitted radius maps.

Properties to the north of the site are zoned C4-2D and are developed with a twoNstory commercial building occupied by Micelrs Restaurant. Properties to the south are zoned C4-2D and are developed with a two-story commercial building occupied by the former Le Deux Restaurant. The rest of the block to the south is zoned P~1 and is developed with surface parking lots. Properties to the east are zoned C4-2D and are developed with the former Le Deux Restaurant patio, and further east by a two-story commercial building

CASE NO. DIR 2003-3688(RV)(f>A 1) PAGES

fronting on Cherokee Avenue. Properties to the west of Las Palmas Avenue are zoned C4-2D and are developed with one- and two-story commercial buildings and parking lots occupied by various businesses, a news stand and the Egyptian Theater.

Las Palmas Avenue, adjoining the property to the west, Is a Local Street dedicated to a Width of 50 feet and improved, intersecting to the north with Hollywood Boulevard.

Hollywood Boulevard, to the north. is a designated Major Highway dedicated to a width of 100 feet and improved.

The~. adjoining the property to the north, is a private alley and Is paved within a 10-foot dedication,

C@se No. DIR 2003-36fj8(RV)- On December 19, 2005t the Zoning Administrator determined the use on the property was conducted so as to create a public nuisance and established corrective Conditions. The business operator appealed the determination to the City Council. On March 16, 2004, the City Councll denied the appeal and sustained the Zoning Administrator.

Case No. ZA 98...0399(CUB)(e8) - On October 3, 2001. under Case No. ZA 98-0399(CUB)(PA) the Zoning Administrator. pursuant to Los Angeles Municipal Code Section 12.24-M, denied an expansion of hours until 6 a.m. daily, and the expansion of an 800 square-foot outdoor patio area, and under the same action, pursuant to Condition 29 of Case No. ZA 98-0339(CUB)(PA) dated November 20, 2000, and the provisions of Section 12.27 .1 of the Los Angeles Munlclpal Code. the Zoning Administrator conducted a review of the effectiveness of Conditions Imposed under that action. The Zoning Administrator found that the operation of Club Blue had not substantially complied with 37 Conditions as imposed by the Zoning Administrator and that the use, as operated, had caused a public nuisance. The Zoning Administrator maintained. modified, and added to the existing Conditions and required a second review for the purpose of determining the need for revocation of the actual use within three months.

On October 3, 2001, the action of the Zoning Administrator was appealed to the Central Area Planning Commission. On March 15, 2002, the Commission denied the applicants's appeal, sustained the action of the Zoning Administrator, and imposed 42 Conditions which were not modified.

Case No. ZA 98-0399(CUB) - On November 20, 1998, the Zoning Administrator approved a conditional use to permit the sate and dispensing of a{coholic beverages for on-site consumption (Type47 license); and also approved a variance from Section 12.26-E,6 of the Municipal Code to permit the provision of required parking off-site by lease agreement au in conjunction with the existing 7 ,840 square-foot, Las Palmas Theater and Supper Ch.lb.

On February 10, 1999, the Zoning Administrator issued a letter of correction which stated: pursuant to Los Angeles Municipal Code Sections 12.24-C, 38 and 42. a conditional use was approved to permit the sala and dispensing of alcoholic beverages for on-site consumption {Type 47 license}, dancing and a variance from

CASE NO. DIR 2003-36BB(RV)(PA1) PAGE9

Section 12.26-E the Los Angeles Municipal Code to permit the provision of required parking by off-site lease agreement.

Case No. CUB 83-421 w was approved March 20, 1984, by the Zoning Administrator to permit the sale and dispensing of alcoholic beverages for consumption on the premises in the lobby of an existing live theater prior to stage performances and during intermissions. The Department of Alcoholic Beverage Control approved a Type 47 license for serving a full line of alcoholic beverages for on-site consumption.

Surrounding Properties:

Case No. ZA 95-0282(CUB)(CUX} - was approved on June 30, 1995 for property adjacent to the subject property on the southerly side, for on-site consumption and a dance hall with live entertainment in conjunction with a restaurant and lounge to accommodate 357 persons.

Case No. ZA 88w0925(CUB) - was approved for a fulf line of alcoholic beverages for on-site consumption at Mice1i's on the northerly property adjacent to the subject property.

Case No. ZA84-0539{CUB)-wasappmved December 21, 1984, for property located at 1646 Las Palmas Avenue1 to permit the on~site sale of alcoholic beverages.

NUISANCE ABATEMENT AUTHORITY

The Office of Zoning Administration, on behalf of the Director of Planning, has the authority to investigate and initiate corrective actions against any use which constitutes a public nuisance, adversely affects the safety of persons residing or working in the surrounding area, and does so on a repeated basis, pursuant to the provisions of Section 12.27 .1 of the Los Angeles Municipal Code, established under Ordinance No. 171,740 on October 27, 1997, and most recently amended by Ordinance No. 173,268 on July 1, 2000. This Ordinance amended earHernulsance abatement authority established May 25. 1989, under Ordinance No. 164,749. ..

This Ordinance also provides that the Director of Planning may require the modification, discontinuance or revocation of a discretionary zoning approval if it is found that it violates any condition imposed by the discretionary approval pursuant to Section 12.24, among others, of the Los Angeles Municipal Code.

Prior to an action by the Zoning Administrator requiring that a use be discontinued, it must be found that prior governmental efforts to eliminate the problems associated with the use have failed and the owner or lessee has failed to demonstrate to the satisfaction of the Zoning Administrator a willingness and ability to eliminate the problems associated with the use.

Public Hearing

The Zoning Administrator conducted a public hearing on March 31, 2005, at City H~II. Room 1020, at approximately 10:30 a.m. After explaining the procedures to be followed

CASE NO. DIR 2003-3688(RV)(PA 1) PAGE 10

during the course of the hearing and posing several inquires about the matter; the Zoning Administrator opened the hearing to public testimony.

Speaking first was Elizabeth Peterson, the representative not of the past Club Blue operator but of the future business owner of the same location. The applicant intends to file a conditional use application in the future. The prospective operator, James Sinclair, has been in escrow since December 2004, awaiting the transfer of the alcoholic beverage license. The new business is to be known as Element, a bona fide restaurant. Ms. Peterson submitted a llst of 27 proposed Conditions which includes nuisance abatement Conditions. Club Blue ceased operation on December 16. 2004. Remodeling by Mr. Sinclair began In January 2005. Since then, Mr. Sinclair has rented the facility for 14 private parties. The operator will need building permits, and will provide evidence that State-licensed guards are employed. Mr. Sinclair purchased the lease fully aware of the corrective Conditions imposed under the nuisance abatement action. Ms. Peterson wlll provide a breakdown of food and beverage sales. The applicant intends on photographing every patron entering facility and all bar transactions will be recorded electronically with a copy of the photograph appearing on the screen. The applicant also has age verification devices which read drivers licenses as well. A total of 200 seats are proposed, plus 12 bar stools. The applicant is not sure about the size of the dance floor. According to the Fire Department, the rated capacity of the facility is almost 700 persons. On March 30, 2005, there were 530 people at an event. The applicant has a parking lease at an adjacent public school parking lot for the evening only. Ms. Peterson did not know the number of parking spaces within the lease area. The Zoning Administrator advised that the lease needs to Identify the time of day when the lease becomes operative. Ms. Peterson stated that a better clientele than the Club Blue clientele can be achieved through marketing, vlsual presentation, security, and the type of entertainment provided. The cost of parking at the leased site Is $8 on weekends and $6 on weekdays, and is all self-parking. The applicant hosted a community meeting with neighbors, offering burgers and beer, and got three letters of support afterwards. The applicant has not approached the neighborhood council yet. The applicant could identify the leased parking lot in all web and print advertising.

Officer Michael Rose and Lieutenant Steve Ruiz from the Hollywood Police Station noted that the change of ownership is welcomed by the Police Department and allows the Department to reconsider the its previous concerns about this site. The Department would protest revocation of the grant. The restrictions proposed by the applicant are basically those agreed to by the applicant in discussions with the Police Department. Photographing patrons entering the facility and electronic tracking of how many drinks each patron orders at the bar should be effective. The security plan is adequate. The Police Department would support a 90-day review of operations, with the proviso that tf the review demonstrates failure to comply with the Conditions or if criminal activities are recorded that revocation move forward. The operator may have 24 private party events via Department of Alcoholic Beverage Control regulations. The previous problems were related, in part, to gangster, hip hop, and rap music which brings violence. The Zoning Administrator should also preclude any outside promoters. Security cameras will broadcast live on the web. The Police Department will require security officers to be at specified locations. The Police Department has not inspected the facility to date. ·

Louis Chavez of the Police Department's Vice Division, visited the site during the daytime to meet the applicant. The kitchen has been remodeled and work throughout the premises

CASE NO. D\R 20Q3 .. 3688(RV)(PA1) PAGE 11

is ongoing. He reviewed the previous history of the site with the applicant and has confidence that Mr. Sinclair would be an excellent operator. He previously managed the Spider Club which was not a problem location. When Officer Chavez visited the facility at night it was closed.

Robert Nudleman, representing Hollywood Heritage and a resident living within four blocks of the site, stated that Police Captain Downing approved a security plan six years ago. The facility was serf-described as an upscale supper club. Problems continued during the entire life of the previous tenant. There are approximately 40 clubs In the area with a combined patron capacity of several thousand. The parking lot under lease does not open before 6 p.m. because the public school needs il The parking lot next to the Miceli Restaurant was used by the former Le Deux and Mr. Judaken's business also uses that lot, as dom; the Pig and Whistle Restaurant. The Police Department is understaffed in HoHywood. The cumulative effect and impact of multiple projects has not been evaluated. A paramedic ambulance last week had Its megaphone blaring out for vehicles to get out of the way as it tried to maneuver down Hollywood Boulevard. The use is poorly defined .. it'& better than the predecessor use but remains vague. The problem to be confronted is not with 200 patrons eating dinner at 200 seats but what is going on for the other 500 people who aren't sitting down. The applicant should have better answers if he has been in escrow for four months and is proposing a 12-month review of operations. The Zoning Administrator should not presume that Mr. Perdew. the previous operator. will maintain an Interest In the use If the City revokes the use. The applicant should start anew with a menu and clear definitions. While the electronic photo identification idea may work for patrons sitting at the bar, the applicant's representative did not respond to the Zoning Administrator's question as to how a waitress taking a beverage order from a patron sitting at a distant table would be recorded by the bartender with a photo identification of that patron.

The Zoning Administrator took the matter under advisement to allow the applicant's representative to provide corroborating materials [e.g., size of dance floor, hours of the parking lease, food/alcohol break-out, number of parking spaces in lease, menu.

In a letter dated April 15, the applicant's representative requested that the restaurant be pennitted 52 special events annually with EJ capacity of approximately 600 people. A revised seating capacity of 300 is requested as is a closing time of 2 a.m.

On June 13, 2005, the appltcant's representative submitted a menu consisting of one typed black and white sheet; no prices, no beverages of any kind and no description of the food itself or whether it is an entree or a complete dinner is provided. It does not appear to be a true menu. A photograph and biography of a "potential" chef was included. There is also a copy of an application for a Temporary Parmit for a Type 47 on-sale general eating place license. The previous licensed is shown as having been surrendered to the Department of Alcoholic Beverage Control on May 30. 2005. The term of the Temporary Permit expires on September 29, 2005. Another document states that the venue has "access" to 1,300 parking spaces within 200 yards of the site but does not state that there is an exclusive agreement for any specified number of those spaces. Finally, a point of sale system was to be implemented on June 15, 2005, to identify food and beverage volume "as often as required' but no print out was provided for any preceding or subsequent period of time.

CASE NO. DIR 2003-3688{RV){PA 1) PAGE12

Little in the way of communications were transmitted to the Zoning Administrator from the applicant. property owner or representative until November 2005. The representative submitted a lease for parking at 6725 Sunset Boulevard but it did not include any reference to the owner of Element, nor to the business corporation name (Paja), nor the owner of the property where Element is located. No agreement has been forwarded showing any ongoing parking arrangement with the other parking lot on Las Palmas Avenue or evidence that those spaces are exclusive to Element. No breakdown of food versus beverage sales was provided, no evidence was submitted showing that security guards were employed consistently or otherwise, the size of the dance floor was never verified or clarlfled.

On December 8, 2005, Robert Glushon, attorney for Element, authored a letter stating that the applicant has "incurred extreme financial hardship from Condition 41 which requires the premises to be empty of patrons by 12:00 midnight. Based on good faith belief that the pending CUP modification would be approved at least as to extending the hours to 1 :45 am., the applicant has a planned event for New Years Eva ... we believe there will not be any appeals." Mr. Glushonfurther requested the business be permitted to open at 7 a.m., that a cover Charge not be precluded, that the authorization he for a period of not less than eight years from the effective date of the pending determination, and that an occupancy of 650 persons be granted. M~. Glushon refers to the "common knowledge of other area nightclubs [which] raqulre hours of operation beyond 12:00 p.m."

On December 13, 2005, James Sinclair submitted additional letters of support, bringing the total to 23 from directly adjacent businesses. The letter also responds to observations by the Zoning Administrator about the facility's web site which Mr. Sinclair ascribes to marketing tools to attract daytime filming revenues and possibly seven special events [52 of such annual events were requested at the hearing] and the absence of parking leases, promising to "immediately enter into a written parking agreemanr upon release of the CUP. There is no indication why the lease has not been ongoing during the facility's operation. He also mentions that the business approaches its second month of closure.

Also on December 13, 2005, Elizabeth Peterson advised in a letter that a parking lease between Bernard's Parking Systems and James Sinclair was being provided, but attached a lease between Bernard's and the owner of the 6725 Sunset Boulevard building where the parking is located. Mr. Sinclair's name was not on the lease, nor was Paja'a name. She also notes that "we are providing a park;ng lease for 88 spaoes located at 1715 Las Pa/mas." No copy of that lease was actuaHy provided.

On December 14, 2005, the Zoning Administrator received a communication from Paul Woolsey representing the HoHywood Hills West Neighborhood Council which voted to support approval of a 2 a.m. closing time and a public review of compliance with the Conditions in three months.

On December 18, 2005, the Zoning Administrator received a communication from Ron Sanchez, Commanding Officer of the Hollywood Division of the Los Angeles Police Department noting that "this has been a problemaflc focatfon. We have cited and arrested one of the owners. I have had multiple complaints from ths neighbors and surrounding businesses. I would request that the CUP not be modified at this time as to do so has an adverse impact on our community."


REVIEW OF COMPLIANCE WITH THE CONDITIONS OF OPERATION

This sectlon of the determination consists of tha Conditions [in botd type] applicable to the safe and dispensing of alcoholic beverages, public dancing, and parking off~site by lease. Following the identification of each Condition are the comments of the Zoning Administrator.

1 . All other use, height and area regulations of the Municipal Code and all other applicable government/regulatory agencies shall be strictly complied within the develapment and use of the property, except as such regulations are herein specifically varied or required.

Zonfng Administrator's Response:

During the operation of the subject facility as Club Blue, there were citations for possible viofations of the Conditions of the Department of Afcoholic Beverage Control llcense, and various Conditions of the grant through enforcement actions by the Los Angeles Department of Building and Safety (LAOBS); and by the Los Angeles Police Department. During the operation as Element. the Los Angeles Police Department ordered the business to close. A copy of that order is provided Jn the case file. The operator was fully aware that the facility was ordered closed as evidenced by his letter to the Zoning Administrator dated December 6, 2005, in which Mr. Sinclair states, "I am sure you understand that as well as our 64 employees who now find themselves without work as we head into the holiday season our business is currently also in jeopardy." This concern ls echoed by the Floor Manager, Josh Kopel who writes the following to the Zoning Administrator on December 5, 2005, "I stand alongside 62 employees asking that you desperately remedy our crisis. With the holiday season around the comer we have all suddenly found ourselves without employment for an unknown period of time.H The operator's attorney, Robert Glushon, also notified the Zoning Administrator on December 5, 2005, in which he Indicates the facility has been ordered closed by the Police Department.

Nevertheless, the Zoning Administrator observed the business in full operation on December 9, 2005, at approximately 10 p.m. In response, Mr. Glushon responded that "Element had a private event Friday night for 2 hours apparently booked several months ago. They are not open for business." Either the oper43tor has been closed down and cannot legally operate or there Is no such order. but the operator cannot choose to violate an order because of a prior commitment. Therefore, compliance with Condition No. 1 has not been achieved. This Is consistent wfth six previous vlolatrons of operating after 12 midnight at this location In 2002 and 2003 under previous management.

2. The use and development of the property shall be in substantial conformance with the plot plan submitted with the applfcation and marked Exhibit ••A", except as may be revised as a result of this action.

CASE NO. DIR 2003-3688(RV){PA1} PAGE14

Zoning Administrator's Response:

The floor plan submitted at the time of Club Blue's existence accurately portrays a seating capacity for 200 persons. However. during inspections of the facility on Saturday, August 30, 2003, by the Department of BuHding and Safety and the Police Department, there was seating for only 50 patrons, far less than the minimum of,200 as required by Condition No. 9.

The floor plan submitted by Element under the instant case differs from the approved Exhibit

0

A0

contained in Case No. ZA 98-0399 by showing two dance floors overlapping the approved dining areas.

A copy of the applicant's floor plan advertised on its web site shows no seating whatsoever [copy provided in the case file}. Both of these floor plans are patently non-compliant with the approved floor plan.

Therefore, based upon available evidence, compliance with Condition No. 2 has not been achieved.

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.

Zoning Administrator Response:

Case No. DIR 2003-3688(RV), issued by the Zoning Administrator and sustained on appeal by the City Council on March 16, 2004, established 42 corrective Conditions. In the Instant review, the Zoning Administrator has made some changes to selected Conditions. For example, the Zoning Administrator deleted the previously required three-month review of Conditions Inasmuch as the underlying grant will terminate on December 6, 2006, per Condition No. 6. The Zoning Administrator has deleted Condition No. 7 as it is substantially reflective of the language of Condition No. 5.

The Zoning Administrator also deleted the word "club"which appears numerous times in several Conditions and replaced it with "restaurant" since the facility is a restaurant, is subject to a Type 47 license which allows persons of all ages inside; the faclllty is not authorized to operate as a ·club or nightclub. The Type 47 alcohol license It maintains provides for access by persons of all ages whereas a Type 48 license, associated with nightclub use, restricts patrons to at least age 21.

The Zoning Administrator has reduced the number of previously required security guards based upon the reduction in crime during the first month of Element•s existence. The changes made by the Zoning Administrator herein do not alter the basic operation of the facility. The Zoning Administrator has not authorized extended hours of operation nor authorized increased seating or occupancy. The Zoning Administrator has required an effective leasa arrangement for parking. None was shown to have existed otherwise.


The adjacent parking lots appeared completely full on the evening of December 9. 2005, during the Zoning Administrator's reconnaissance and the appUcanfs contention that it has full access to a parking facility at 6725 Sunset Boulevard [at Mccadden Place} is simply not true as that facility is obligated to provide 17 parking spaces for at least one tenant in that building - Catalina Bar and Grill, and the statement th;;1t the parking operator of that facility has 191 parking spaces is inconsistent with the certificate of occupancy provided by the applicant's representative which states a total of 142 parking spaces. In a subsequent letter from Elizabeth Paterson dated December 13, 2005, she concludes that "This would allow Mr. Sinclair the ability to park 80 spaces at this location 24 hours a day. In addition, we are providing a parking lease for BB spaces located at 1715 North Las Pa/mas." There was no explanation as to how either number was determined. Whether there Is a valet service or a fee for parking is undisclosed.

It is on this basis that the Zoning Administrator concludes that compliance with Condition No. 3 does not exist at this time.

4. All graffiti on tha site shall be removed or painted over to match the color of the wall surface to which 1t is applied within 24 hours of lts occurrence.

Zonmg Administrator's Response:

No graffiti was reported on the remodeled exterior of the facility.

Therefore, compHance with Condition No. 4 is ongoing.

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 lncluded in the "notes" portion of the building plans submitted to the Zoning Administrator and the Department of Bulldlng and Safety for purposes of having a building permit issued.


There Is no evidence in the case file that the remodeling of the facility by the current operator complied with this Condition. Because it is the practice of the Department of Building and Safety plan checkers to generate a "clearance summary worksheet" which the applicant is required to have stamped and signed by the Zoning Administrator of record, and because it is the standard practice of this Office to retain a copy of any stamped plans in the case file and no such copy Is evident. It stands to reason that the operator of Element did not comply with Condition No. 5.

6. The authorization granted herein is for a period of 8 years from the effective date of the subject grant (December 7. 1998.). Thereafter (December 7. 2006)~ the permit shall automatically expire and the applicant will be requrred to secure a new permit to continue the use. (ZA 98-0399) {Clarified 11-03)

CASE NO. OlR 2003-3688(RV)(PA 1) PAGE16

Zoning AdministratQf s Resgonse:

As of December 7, 2006, the eight-year term of Case No. ZA 98·0399 expires, and the sale of alcoholic beverages, dancing~ and any off-site parking authorization are null and void. The facility wm not be able to continue operating unless and until conditional uses and a variance are approved by the Zoning Administrator. At the time of considering any such application the Zoning Administrator will determine whether the proposed uses are appropriate considering the history at this location and any changes to the surrounding area. The operator Is advised by the Zoning Administrator to be timely in any prospective application as the operation of these uses after December 7, 2006, without an approval from the Zoning Administrator before that date, will require the closure of the facllity. As of the date of issuance of the Instant determination, compliance with Condition No. 6 is not applicable.

7. ](Deleted 11-03).

Con_siltlon Nos. 8-34 were Initially volunteered by the prior applicant.

8. [Deleted 11-03)

9. There shall always be 200 seats sat for food service at all times during business hours. (ZA98~0399)


The Police Department cited the establishment on August 24, 2002, for having less than 200 seats.

On August 30, 2003, the Department of Building and Safety observed that there were six tables that could each accommodate four people each, and there were three booths that could each accommodate six people, resulting in a total seating capacity of less than 50 people.

The floor plan submitted by the current operator, James Sinclair, differs from the approved Exhibit" A" contained in Case No. ZA 98-0399 by showing two dance floors overlapping the approved dining areas. In so doing, 200 seats cannot be simultaneously set for food service.

A copy of Element's floor plan advertised on its web site shows no seating whatsoever (copy provided in the case file}. This is patently non-compliant with the approved floor plan.

Therefore, based upon· available evidence, compliance with Condition No. 9 has never been achieved.

1 O. No alcohollc beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee.

CASE NO. DIR 2003--3688(RV)(PA1) PAGE17


There is no documented evidence that any violation of Condition No. 1 O has occurred under the current operator. Therefore, compliance is ongoing.

11. [Deleted 11 .. 031

12. There shall be no exterior advertising of any kind or type, Including advertising directed to the exterior from within, promoting or indicating the avallabllity of beverages. A menu may be posted, however.

Zoning Administrator' Resgonse:

The intent of this Condition Is to maintain the primary use of the facility as a restaurant and not as a bar or nightclub. There is no evidence that any violation in this regard has occurred. Therefore, compliance is ongoing.

13. There shall be no pool table$ or coin operated game machines maintained upon the subject premises.

Zoning Administrator' Resgqnse:

There are no known violations under the current operator. Therefore, compliance is ongoing.

·14. Alcoholic beverages shall not exceed 50% of the gross sales offood during any month. Records of food sales shall be provided to the Zoning Administrator with the application for the required three month plan approval. [Modified 11-03].


No records of food sales and alcohol sales have been provided by the current operator to the Zoning Administrator. The current operator indicated at the time of the March 31, 2005, public hearing that he had only recently opened but Element provided no records of alcohol and food sales, nor did he to do so in the nine months since then. Inasmuch as the Zoning Administrator has deleted the required threemonth review of operations, the substitution in this Condition that the food/beverage records be provided monthly is an equitable exchange. Should alcohol sales exceed 50% of total food and beverage sales1 the operator will be in violation of the Condition, and particularly be considered a bar or nightclub but not a restaurant.

Therefore, compliance with Condition No. 14 has not been achieved.

15. The subject alcohollc beverage license shall not be exchanged for a publlc premise type license nor shall the premises be operated as a public premises.



The license is shown as a Type 47 - On-Sale General Eating Place in a Pending status as of March 8, 2005, licensed to Paja Group LLC. As of January 25, 2005 1 the license Type 30 was indicated as being Temporary. This would suggest that former license holders Bruce E. Perdew, Rodney J. Pardew, Michael L. Stewart, and Patrick C. Tom are no longer associated as they had been with Club Blue. The lack of a menu in the application materials and on the Element web site suggests that the service of food is not an important feature of this restaurant. All the more reason for the Zoning Administrator to amend extant Condition No. 14 to require monthly reporting of alcohoJ versus food sales.

On the basis of the submitted Information, compliance appears to be ongoing.

16. The applicant sh•II hire a certified noise engineer who wlll determine the maximum level the interior music amplification can be set and still comply with the City Noise Ordinance. The report of the consultant shall be submitted to the Zoning Administrator for review and approval within 80 days of the effective date of this detennlnation. The club music ampliflcation shall be kept at the level allowed by the City at all times. The double doors leading outside to the rear patio shall have automatic door closing devices added to ensura they are always kept closed.


Under Club Blue's operation, no evidence of compllance with Condition No. 16 was submitted to the case file.

Mr. Sinclair submitted an optimistic written statement at the time of the March 2005 public hearing in which he acknowledges " ..• the long list of problems and case history associated with the venue." Under Element's operation, and in light of its extensive alterations to the facility, the Zoning Administrator would have expected that this Condition would have been observed. However, as was the case of his predecessor, no acoustic report was submitted to the Zoning Administrator.

Therefore. compliance with Condition No. 16 has not been achieved.

17. No private rooms or areas are allowed. All space of the business shall be open to the publlc unless there Is a private function where all of the business Is reserved. [ZA98Y0399]


Neither the Department of Building and Safety nor the Police Department has reported any violations,of Condition No. 17. Therefore, compliance is ongoing.

18. There shall be no enclosed customer booths. If booths exist, they shall only be separated by a partftlon. [ZA98-0399]

· CASE NO. DIR 2003-3688(RV)(PA1) PAGE19


Neither the Department of Building and Safety nor the Pollce Department has reported any violations of Condition No. 18.

Therefore, compliance with Condition No. 18 is ongoing.

19. There shalt be no sales of alcoholle beverages for off-site consumption.

Zoning Adminjstrator's Response:

There have been no reports or complaints of sale of alcoholic beverages for off-site consumption.

Therefore1 compliance with Condition No. 19 is ongoing.

20. A full menu shall be available until 11 p.m. dally. [ZA98-0399]

Zoning Administrator's Respqnse:

Club Blue was cited by the Police Department on August 24, 2002, for violating this Condition.

The Department of Building and Safety informed Planning Department staff that there were only 19 food orders placed on August 30, 2003.

At the March 2005 public hearing, the current operator had not started operations or had done so for a very short period of time so that no inspections were pel1ormed. No menu was submitted with the application nor at the public hearing in March 2005, nor since then. When the Zoning Administrator attempted to view the menu on the applicant's web site on December 9, 2005, the web site provided no information as to the seledion of food, If any. Therefore, there is no evidence in the case file that a menu has been standard issue since March 2005.

21. The licensee shall furnish the premises with tables and chairs at which food may be comfortably consumed and have cutlery. condiments and other eating utensils available for use by patrons. [ZA98-0399]


On August 30, 2003, the Department of Building and Safety observed that there were six tables that could each accommodate four people; and there were three booths that could each accommodate six people. resulting in a total seating capacity of less than 50 people.

The floor plan submitted by Element with the instant application differs from the approved Exhibit "A" contained In Case No. ZA98-0399 by showing two dance floors overlapping the approved dining areas.

CASE NO. DIR 2003-3688{RV}{PA1) PAGE20

A copy of the appllcant's floor plan advertised on its web site shows no seating whatsoever [copy provided in the case file]. This is patently non-compliant with the approved floor plan.

Therefore, based upon available evidence, compliance with Condition No. 21 has not been shown to have ever been achieved.

22. No employees shall be permitted to accept money or any other thing of value from a customer or be employed for the speclfle purpose of sitting with or otherwise spending time with customers while In &aid premises. The licensee shall not provide or permit or make avallable either gratuitously or for compensation, male or female persons who act as escorts, companions or guests of or for the customers. [ZA98-0399]

Zgnlng Administrator's Respom~e:

There is no police testimony that a violation of this Condition has occurred under current management and ownership. However. inasmuch as the Police testimony was limited to the period ending March 31, 2005, there was little opportunity to observe the operations of this restaurant. Compliance with Condition No. 22, is therefore inadequately Investigated In this review of Conditions.

23. No employees shall sollclt or accept any alcohollc or non-alcoholic beverag'e from any customer while In the premises. [ZA98-0399]


There Is no police testimony that a violation of this Condition has occurred. However, inasmuch as the Police testimony was llmited to the period ending March 31, 2005, there was little opportunity to observe the operations of this restaurant. Compliance with Condition No. 23, is therefore not fairly represented in this review of Conditions. .

24. No advertising of club beverages is allowed. [ZA98-0399]


During Club Blue's existence at this location, it violated this Condition on at least one occasion. Blue's advertisement in the LA Weekly issue of April 20-26, 2001, offered "dollar drinks" before 11 p.m. Inasmuch as the Police Department and Department of Building and Safety testimony was limited to the period ending March 31. 2005, there was little opportunity to observe the operation of this restaurant. Compliance with Condition No. 24, Is therefore not fairly represented in this review of Conditions.

25. The applicant shall not sublet the premises to '"promoters" for nightclub activity. [ZA96-0399]

CASE NO. OlR 2003-368B(RV}(PA1) PAGE21


Inasmuch as the Police Department and Dspartmentof Building and Ssfety testimony was limited to the period ending March 31, 2005, there was little opportunity to observe the operations of this restaurant. Compliance with Condition No. 25, is therefore not fairly represented in this review of Conditions

26. The applicant may also maintain a live theater and music, motion picture, video screening, record release and listening partles, band and orchestral rehearsals as well as special events, provided all necessary permits and licenses, where requf red for such activities are valld. [ZA98-0399J

Zoning Administrator's Respon~:

Inasmuch as the Polfce Department and Department of Bullding and Safety testimony was limited to the period ending March 31, 2005, there was littJe opportunity to observe the operations of this restaurant. When the Zoning Administrator attempted to query the applicant's web site in December 2005 under the heading of .. Special Events", no list of events appeared. The applicant's attorney, Mr. Glushon, represented that the premises was open on December 9 for a private event. The Zoning Administrator does not have a sense of how often any of the listed activities may be occurring at this location.

27. [Unchanged] There shall be no minimum drink requirements.


The purpose of this Condition is to assure that the restaurant will operate as such rather than as a bar or nightclub. Inasmuch as the Police Department and Department of Building and Safety testimony was limited to the period ending March 31 1 2005, there was little opportunity to obseive the operations of this restaurant. Compliance with Condition No. 27, is therefore. not fairly represented in this review of Conditions

28. [Unchanged] No outside publlc telephone is permitted on site. Any publlc pay phone on the interior shall be located In an area within full view of the restaurant staff and not located within any restroom.


This Condition is intended to discourage loitering. There was no testimony at the March 31,000, public hearing about any public telephones outside. Therefore, compliance with Condition No. 28 is ongoing.

29. [Amended] A new Plan Approval review shall be flied ($1,929) wrthln three months of the effective date of this determination to evaluate the degree of compliance with all conditions of this case, and to determine If the existing .

CASE NO. DIR 2003-3688{RV)(PA1) PAGE22

public nuisance has been corrected or whether the use might have to be closed.


The required Plan Approval was not filed. The Chief Zoning Administrator issued a letter to the owner of the property on July 1, 2004, pointing out that the application was due no later than June 16, 2004. The letter stated in upper case bold lettering, 11Failure to file the plan approval application within 30 days of the date of this letter

puts any and aJI prior City approvals in jeopardy of being permanently revoked." There was no response from the owner or previous business operator. Subsequently, the Chief Zoning Administrator initiated the instant review of Conditions. The Zoning Administrator has required that the property owner reimburse these costs to the City.

30. [Unchanged] Any future operator or owner for this site must flle a new Plan Approval appllcatlon to allow the City to review· the "mode and character" of a possible new restaurant.


At the time of the March 31. 2005, public hearing before the Zoning Administrator, ownership of the alcoholic beverage license had not changed. The case flte Includes a copy of a December 20, 2004, recorded •Notice to Creditors of Bulk Sale and of Intention to Transfer Alcoholic Beverage License" from Bruce Edward Perdew, Rodney James Perdew, Michael Lewis Stewart, and.Colin Patrick Tom to The Paja Group. The assets to be sold Include furniture, fixtures, equipment, and goodwill. The type of license to be trensferred is described as "On Sale General Eating Place liquor License 47-347149n. In a letter dated April 7, 2005, from H. Joseph Nourmand, attomey for PSP Ventures, Inc, the then-current owner of Club Blue, "Escrow is pending on that transaction. PSP vacated its business premises and stopped all of its business operations at this location in mid-November of 2004." The letter refers to the pendlng sale "which PSP hopes will be consummated within the next 90 days" which would correspond with July 7, 2005. Whether the sale consummated after April 7 or not was identified by none of the parties. Paja Group did not file a Plan Approval application inasmuch as the Chief Zoning Administrator had already done so. Paja and the property owner can resolve betwean themselves who will reimburse the City for having Initiated the application on their behalf.

31. [Unchanged] Deliveries, trash pick up and parking lot cleaning are allowed only between the hours of 7 a.m. and 6 p.m. daily.


No verification was perfonned by City staff. Inasmuch as no comments have been received on this issue, compliance may be presumed although not confirmed.

32. [Unchanged] Any private rental use shall be required to be shown, sign for and follow all of the conditions of this grant.


Zonjng Administrator's Response:

The applicant submitted no information to demonstrate that private rental use has occurred. Because of Mr. Glushon's statement that a private event did occur on December 9, 2005, only in response to the Zoning Administrator's observance of same, private use apparentfy has occurred at least once. No contract form was submitted to the Zoning Administrator to demonstrate thattha Conditions of approval applicable to the facility's use are provided to prospective or signed private hosts. Therefore, compliance with Condition No. 32 has not been achieved with this Condition.

33. [Amended] Proof of quarterly meetings with Hollywood Vice shall be submitted to the Zoning Administrator.

Zoning Administrators Response:

Th1s Condition is intended to help the operator improve the performance of the business and preciude citations from being issued against the business or its patrons No evidence of such meetings has been submitted to the case file. Therefore, compliance with Condition No. 33 has not been ongoing.

34. [Unchanged] A copy of these conditions shall be kept on tJite at all times. All employees shall be famlllar with the conditions.


This Condition assures that business operator and employees cannot plead ignorance of the Conditions if caught violating them. There is no evidence in the materials submitted by the business operator that this Condition has been complied with; a photograph of the Conditions on the office wall would suffice. Therefore, compliance has not been achieved with Condition No. 34.

Environmental Conditions (Mitigated Negative Declaration No. 98-0187(CUB)(CUX)(ZV)

35. [Unchanged] A parking plan shall be submitted to the Zoning Administrator approval which will provide for new or additional off-street parking for the duration of the new use involved.


No parking plan was submitted by the business operator. The major issue for the Zoning Administrator at the March 31, 2005, public hearing was the status of compliance with this Condition. To the extentthe Zoning Administrator might approve any increase in occupancy or hours of operation, It would behoove the operator to demonstrate that valid leases have been in place.

On November 28 and again on December 13, 2005, the Zoning Administrator was provided copies of a lease for parking at 6725 Sunset Boulevard between that building's owner and Bernards Parkfng. There is no reference in that agreement to

CASE NO. DIR 2003·3688(RV}(PA1) PAGE24

Paja Group, to James Sinclair, orto Element. It therefore is irrelevant to the provision of parking for the subject location. Ms. Peterson's reference to 88 leased parking spaces at 1715 North Las Palmas is corroborated with no document purporting to be a lease for those parking spaces involving PaJa Group, Mr. Sinclair, or Element. While the combined offering of 148 parking spaces is sufficient In number, the absence· of hard copies of either lease between the respective parties suggests the leases never existed. According to their attorney's email to me dated December 12, 2005, "Element cannot enter into a lease and pay the dollars untlJ they know they have a CUP so once your new questions are answered, it can be a condition of CUP." This further confirms the lack of an ongoing lease for parking. There is no reason the business operator could not have signed one or more parking leases at the time of the March 2005 public hearing or shortly thereafter to show compliance with this Cond(tion. By failing to do so but operating the facility to his own satisfaction, Mr. Sinclair has demonstrated knowledge of the Condition but not the conviction to follow through.

The Zoning Administrator generally expresses Interest in reviewing the leases to be sure they cover the time of day the restaurant is open, to be sure there are no escape c1auses of dramatic proportion [e.g .• the right to park the lessee's vehicles elsewhere. or the agreement does not cover holidays, etc.], that there are no other uses requiring the same spaces during the same hours, that the park.Ing spaces are exctuslve to this lessee and not simply "availabte" which would characterize nearly every parking location in the City.

36. [Amended] The applicant shall develop a detailed security plan within 30 days of the effective date of this determination which shall be reviewed by Hollywood Vice and approved by the Zoning Administrator. The plan shall include:

a. Twelve State licensed security officers at all times the club Is opan and until one hour after closing based on a maximum capacity of 400 and a ratio of three security guards per 100 patrons.

b. Selection of a security company from a list of at least 3 pollce approved companles.


d. The review and approval of security guards byindlvldual person's name if desired by the police.

e. The exact locations of security guards shall Include: 6 Inside, 4 outside the restaurant {2 in front, 1 In the side alley and 1 in the rear patio) and 1 each at the two leased off-site parking sites.

f. The hiring of a security supervisor with previous ponce or mllltary police background.

CASE NO. DIR 2003-3688(RV){PA 1) PAGE25


h. The type of drug awareness policy to follow when drug use Is detected and patrons detained based on pollca procedures.

I. How to effectively move patrons from the club and disperse them without blocking streets or loitering next to the club after closing.

J. Development of a management plan eo club gecurlty prevents public drinking by patrons waiting In line to enter the club. The goal of these 10 "performance" standards Is to develop a well trained "pro active" security force which prevents public nuisances at the business.

Zoning Administrator's Resppnse:

During the short period of time the facility was open as of the March 31, 2005, public hearing, a long duration of operation under the new management had not occurred. Nevsrtheless, the testimony that a different clientele had been patronizing the establishment and given the letters of support from nearby businesses, a reduction in the number of guards by 50% appears appropriate. This still requires et least six security guards for a facility with a previous history of trouble and one operating with a substantial occupancy of 400 persons.

37. [Unchanged] Signs shall be Hmlted to the minimum necessary to identify the name of the subject busrrtess establishment.

Zoning Administrator's Resoonse:

No signs were observed outside other than the name of the business. Therefore, compliance is ongoing.

38. [New] The adjacent alley and public street shall be swept on a daily basis after the close of business.

ZQaing Administrator's Response:

The adjacent alley and public street was generafly clean and free of debris. Compliance appears to be ongoing.

39. [New] No use of the alley Is allowed. The applicant shall develop a "'control'• plan with review by Hollywood Vice showing where patrons would line up, how they would be kept In orderly line and how many aecurity would be used to control the patrons. No club patrons are allowed to stand in any public street adjacent to the subject site and the sidewalk on Las Palm as must kept open at all t1mes by elub security personnel for the easy access of the general publlc.

CASE NO. DIR 2003-3688(RV}(PA1) PAGE26

Zoning Administraior's Response:

On March 7, 2003, Department of Building Safety staff inspected the premises and issued an order to comply for the aUey being used as the primary entrance to Club Blue. At Its August 30, 2003, site investigation, the Police Department informed Planning Department staff that the patio was used by smokers in the adjacent alley north of the club.

The previous Zoning Administrator noted that this vacated alley is not a part of the condltionaf use site and has never been a part of any application. The northerly adjacent business claims ownership of the alley and has testified as to the unauthorized use of this area.

Since its reincarnation as Element, there have been no allegations of unauthorized use. However, the business operator submitted no control plan to preclude use of the private alley for patron queuing. Therefore, compliance with Condition No. 39 has not been achieved.

40. [New] The maximum occupancy of the business shall be 400 persons.


The applicant is requesting the restoration of the occupancy of approximately 650 persons. The occupancy was reduced by a prior Zoning Administrator due to concerns by the Los Angeles Police Department that too many patrons were at the establishment and that a reduced number would allow better security control and reduce police service calls and nuisance impacts. It would be Inappropriate, at this time, to restore the higher numb~r until it is demonstrated that there will be no impacts to the Los Angeles Police Department operations and to the area. Also, It appears that the only way to reasonably accommodate 650 occupants would be to substantially, or completely. eliminate restaurant seating at which point there is no "restaurant" use remaining.

41. [New] No uaftar hours" use of the club is allowed. The business must empty of patrons by 12 midnight daily.

Zoning Administrator's Respon~:

The previous operator was cited by the Police Department and Department of Building and Safety on April 13, 2002, June 15, 2002, July 4, 2002, March 7, 2003, February 1, 2003 and August 30, 2003.

The currant business operator proposes the restoration of the 2 a.m. closing tfme granted by ZA 98-0399.

On November 22, 2005, he too was cited by the Police Department for operating after midnight aft.er having been warned previously by officers to close by that hour. The Zoning Administrator believes that compliance Is Important and that it needs to be observed before a relaxation of operating hours can be seriously considered. The

.. CASE NO. DIR 2003-3688(RV)(PA1) PAGE27

operator knew the restrictions when he purchased the business following the pubric hearing in 2005. In the even he files a legitimate application for 2 a.m. closing, he can provide the appropriate justification for such change. However, it was not the intent of the Office of Zoning Administration to Initiate this hearing to consider relaxation of Conditions but rather to determine compliance with them. Had the Zoning Administrator not initiated this review, the applicant would have had the opportunity to request same but did not do so.

42. [New] Valet parking must be offered after 6 p.m. and no double parking Is allowed on public streets. Off·slte parking of cars is only allowed at Selma Elementary Schoof or at Grant's parking lot to the south of the subject business.

Zooing Administrator's Response:

The property at 6725 Sunset Boulevard is approximately 1,200 feet from Element; a generalfy excessive distance without valet parking, as detennined by the previous Zoning Administrator. The location at 1715 North Las Palmas was not described by Ms. Peterson as having valet parking or not. No valet parking contracts were submitted to the Zoning Administrator. It is therefore clear that compliance has not been achieved with Condition No. 42

FINDINtiS

Element is a relatively new business. The business operator took over the location of a business that had operated as a public nuisance of grand proportion. The public hearing ·COnducted by the Zoning Administrator in March 2005 did not resuft in tales of woe; in comparison to the previous operator of Club Blue, Mr. Sinclair has won the admiration of many of his business neighbors, as well as accolades from the Council Office and the neighborhood council. However, the review of Element's operation vis-a-vis the Conditions of approval points out numerous oversights, violations, and/or deficiencies. The absence of communication from the applicant between March and November 2005 raises questions about its game plan. Wlth a very short track record and a lack of evidence to corroborate compliance, the Zoning Administrator is uncomfortable about relaxing the operator's requests for longer hours and greater occupancy. The Zoning Administrator encourages the operator to provide the parking leases with supporting information as to its exclusivity. duration, etc., valet parking agreement(s), and other evidence in order to respond to the noted deficiencies of the applicable Conditions. As the underlying grants expire In December 2006, the operator's attention should then be focused on filing a new entlttement application. The best opportunity for a successful conoJusion to that appllcation will be a solld track record between now and then.

Within recent weeks, the C!ty Council introduced and referred a motion to tts Planning Land Use and Management Committee to review the practice of businesses that parade as restaurahts In order to obtain permits and licenses but operate as nightclubs. The Zoning Administrator shares the underlying concerns In that Councll motion with respect to this location, where tha promoters generally refer to Element as a "club" and rarely if at all as a "restaurant."

CASE NO. DIR 2003-3688(RVXPA1) PAGE28

The Zoning Administrator hereby 1iOO§ that with respect to the property at 1642 North Las Palmas Avenue:

1. The use of the property continues to violate Conditions establfshed under Case No. ZA 98-0399 and Case Na. DIR 2003-36BB(RV).

Review of the operation of Element Indicates that there Is no evidence of compllanoe for 19 of the 39 Conditions established1

' (Condition Nos. 1, 2, 3, 5, 9, 14, 16, 20, 21, 29, 30, 32, 33, 34. 35, 36, 39, 41, and 42. There is no evidence that the current operator was unaware of the existence of these Conditions. In fact, Mr. Sinclair has wriltan about his knowledge of Ctub Blue and has emphasized that he has no intention of operating Element in any similar manner. Mr. Sinclair was appropriately represented at the March 31, 2005, public hearing with an experienced and competent consultant in matters involving alcoholic beverages as well as nuisance abatement. With this background, the Zoning Administrator is surprised that so little evidence of compliance provided given the nine months since the hearing to generate it.

2. Adversely impacts nearby agricultural, residential or commercial uses.

The review of operations occurred early in the life of the current business so that a full assessment of impacts was insufficient. Police comments at the public hearing and since then do not paint a picture anything like the predecessor business. The current business operator believes that much of the difference has to do with the entertainment provided and the clientele attracted to it. The current operation also operates with reduced hours so that early morning problems do not occur, regardless of the featured act or type of music offered, for the simple reason that the restaurant is not open after midnight. the Conditions of operation limit occupancy to 400 rather than the previous 650 persons, and seating for at least 200 persons is required to be at tables set for dining.

The operator testified that he needs to be open until 2 a.m. in order to compete with other restaurants. This may or may not be true. Presumably, the true test of a restaurant is its location, its menu, its prices, its service, its ambience, and convenient parking. The current operator bought the business having conducted due diligence and therefore knew thare may difficulties operating a restaurant at this location. As administrative nuisance abatement is generally reserved for the most egregious of lend uses, the Zoning Administrator must be assured that relaxation of Conditions will not jeopardize the progress ma.de in abating a nuisance location. In the event Conditions are relaxed, they cannot ba automatically re-established but require new public hearings after the nuisance problems resurface. While the Mun\c:ipal Code provides some reimbursement for the abatement actions of the office of Zoning Administration, the costs of other City departments are not recouped, nor are the costs borne by neighboring businesses where the nuisance problems have a direct economic impact. In addition. because the corrective Conditions of nuisance abatement run with the land and not with the operator (as is similarly true of an other

1' While there iS a Condition No. 42, three Conditions were deleted In previqus actions - Nos. 7, 8, and 11.

... CASE NO. DIR 2003-3688(RV)(PA 1) PAGE 29

land use entitlements), changes to Conditions should be done with solid evidence to support such justification. At the present time, that evidence is lacking.

Captain Ron Sanchez, Commanding Officer of the Hollywood Division of the Los Angeles Police Department, has Informed the Zoning Administrator that "this has been a problematic location. We have cited and arrested one of the owners. I have had multiple complaints from the club's neighbors and surrounding businesses. I would request that the CUP not be modified at this time as to do so has an adverse impact on our community. This issue is of very much importance to the Los Angeles Police Department."

3. Jeopardizes or endangers the public health or safety of persons residing or working on the premises or in the surrounding area.

In the previous determination, the Zoning Administrator of record stated that "the key ingredient needed here ls proper management." Nothing tn this abbreviated review of compliance suggests that public health or safety is in jeopardy or danger due to the operation of this restaurant, as compared to the operation of Club Blue. The responsibility ofthe Zoning Administrator and other decision makers is to be sure that increasing the restaurant's hours to 2 a.m. and increasing its capacity by 50% does not unwittingly provide an environment in which the currently safe surrounding area Is again at risk. How many people would actually visit Element at midnight looking for dinner and how many would visit instead for drinking and dancing is conjecture. The telltale indicators are the private events that take place on the property for which no list was submitted to the Zoning Administrator for review and comment, the tack of seating shown on the restaurant's website for dining purposes which happens to be the main use of the restaurant, the presence of two dance floors, the lack of a menu provided by the operator at or after the heartng, the lack of a menu on the restaurant's web site. and the lack of a breakdown of alcohol sales versus food sales. With a capacity of 650 persons as desired by the operator, it is questionable where that many dining customers would be able to sit.

4. Violates provisions of Chapter 1 of the Municipal Code, or any other city, state, or federal regulation, ordinance or statute.

On November 22, 2005, Mr. Sinclair was arrested for violating the midnight closing time established by Condition No. 41.

It is the purpose of these proceedings undar Ordinance No. 171, 7 40 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 all the procedures as set forth in Sections 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 owner/operator of the premises has been provided notice of these proceedings and has been afforded and taken the opportunity to testify and respond to the allegati.ons concerning the impacts of the

. . " CASE NO. D1R 2003 .. 3688(RV)(PA 1) PAGE30

operation of this restaurant use. Further, the Condftlons Imposed are primarily those designed to eliminate and prevent nuisances and not so onerous as to prevent a viable operation of the business in compliance with applicable law.

MARK WINOGRDND Acting D' or of Planning

DA IELGREEN Acting Chief Zoning · ,strator Telephone No. (213) 978-1318

DG:lmc

cc: Councilmember Eric Garcetti Thirteenth District

Adjoining Property Owners County Assessor

APPEAL,

An appeal, from certain conditions of the Zoning Administrators approvals, pursuant to Los Angeles Municipal Code Sections 12.24-W, 1 and 18 to amend Conditional Usage Permit 2003-3688 by deleting the following conditions of approval as they cause conditions so onerous as to prevent a viable operation of the business. Condition 20. Requiring a full menu during all business hours. Condition 40. Requiring a maximum occupancy of the business to 400 persons. Condition 41. Requiring a venue empty of patrons by 12 midnight. Furthermore requiring the approvals change of status of restaurant back to supper club. In addition the applicant offers a 3 month PAB to review compliance with amended conditions.

The request includes information prior submitted to ZA on this case showing compliance with the conditions, absolute support from all neighbors both commercial and residential, support by Hollywood Hills West Neighborhood Council all collectively referred to as the "community". ZA makes multiple negative compliance findings without visiting the inside of the venue or reports from LAPD or LAFD who have had such access.

BACKGROUND INFORMATION

Element Supper Club is a destination for dining, drinking, dancing and being entertained, the venue currently holds required Dance Floor Permits and Cafe/Entertain Permits. Patrons visiting the venue will do so for an entire evening. Patrons are not visiting Element just for the food, it is for the overall experience and as shown by associated press it has been frequented by politicians, Hollywood A List and tourists alike. Such entertainment includes performances by known artists including Justin Timberlake, Good Charlotte and our house band. Other night's entertainment includes a live national touring DJ, percussionists and so forth. After dinner our guests mingle, dance and enjoy such entertainment. We are not a restaurant that patrons visit prior to their night time activities; we are the night time activity.

Element was taken over in December 2004, it was a location that according to LAPD and the associated calls logged to this venue was known for drugs, prostitution and violence. (DOCUMENT 1) Consistent conditions were placed on the prior owner that they showed flagrant disregard to, our neighbors recite horror stories of vandalism and constant threats. The interior of the premise was in disarray and a hazard to patrons and staff alike. The outside was rundown and ugly and an eyesore to those visiting Las Palmas.

Since our take over we have spent considerable funds in making the venue an aesthetically appealing site from both the inside and out, with input and photos provided by Hollywood Heritage and other sources, we have undertaken a restoration of the original marquee and brought back the original heritage of the Las Palmas theatre famous for acts including Richard Dreyfuss, Bette Midler and the world famous Chorus Line Musical.

We have implemented state of the art camera surveillance equipment (APPENDIX D) both to protect our venue and to monitor the entire street, we installed gates with panic release hardware to prevent patron or transient access to the side alley shared with our neighbors and setup detailed economic plans to ensure our success would

DIR 2003 3688

directly benefit the commercial vendors around us. These include using the fashion designer across the street for our staff uniforms, the hairdresser providing discounts to all of our staff and yoga sessions to our new neighbor who was having difficulty attracting customers to her new studio. A complete list of economic benefits can be found in APPENDIX A. We actively undertook steps to ensure our community was excited to have new tenants unlike standard operators and this is displayed in APPENDIX B showing such support.

We hired security personnel trained and experienced in crowd control, loss protection and human management. Our security team whilst incredibly able to provide protection and control to our venue and patrons were trained on being customer focused in aiding each persons experience at Element. All staff have completed or are in the process of completing the STAR and TIPS training to better manage any issues of over serving or underage drinking and control of a patron under the influence of alcohol.

Combined with all of the above, our in house marketing and promotions team set forth to create the number one destination in the city and attract global clients. Our team not only executed this plan, it was a success, every magazine in the country was discussing our venue and our entertainment. Concierges across the city brought clients and multiple news outlets named Element the hottest spot in the country. From the young Hollywood actors to Kenny Rogers, the most talked about names in politics, sports, fashion and cinema came to Las Palmas and with them came the tourists. A city like Los Angeles has amazing tourist attractions by day but the nightlife lacks in comparison to Miami or New York. Element together with our colleagues up the street have created a place to come, a nightlife district has been formed and is centralized and as the city rejuvenation projects continue our attractions will continue to grow and our land values increase. Let us not forget that Las Palmas 2years ago was a notorious location to acquire Class A drugs. Now our crime comes from those in surrounding areas that see the nice cars and expensive jewelry our patrons are wearing and enter our community for the purpose of theft.

! DIR 2003 3688

APPEAL CONDITIONS DISCUSSION:

Condition 20. Requiring a full menu during all business hours. Condition 40. Requiring a maximum occupancy of the business to 400 persons. Condition 41. Requiring a venue empty of patrons by 12 midnight. Reversal of the amendments made in the CUP from back to Supper Club from Restaurant.

CONDITION 20. From prior experience of operating a supper club in the Hollywood Area (Spider Club), market research and so forth guests at a supper club spend solely the first half of the evening consuming food, the rest of the evening is spent dancing or enjoying the entertainment. Guests at Element are not REQUIRED to eat, many come just for the entertainment and dancing provided later in the evening. It would and is shown to be heavily cost-prohibitive to keep a kitchen open after the wave of dining or food service for a random few people who require food.

CONDITION 40. From our dealings with Clear Channel (nationwide concert and live act bookers) there is no value in booking Element as a location for a live act with a capacity of 400, our attraction is our capacity is ideally suited to 600 people and it allows the booking of more expensive artists as 600 persons can cover such costs. How can we operate as a concert venue as allowed by condition 26. if we cannot break even and are forced to have lower quality acts that cost less. We are being prohibited from attracting toptier talent. Such lower quality acts by default attract lower quality crowds which again by default mean lower sales and the potential for problems.

From our experience the venue at 400 guests looks empty, we are 9000sqft property giving each guest 22.5 sq ft does not make sense and makes it difficult to be an attractive venue to dance and enjoy an evening. Especially if you have 15% of the dance floor to you and your guest!

FIRE INSPECTOR ROBERT GLADDEN has consistently monitored our property and offers us a capacity of 650 INCLUDING ALL CHAIRS AND TABLES. (DOCUMENT 5) He is present at all events and many of our nights and can validate we are a venue that takes all steps to provide a safe environment for our patrons and staff. When people are enjoying the entertainment and see a relatively empty room they perceive us as not being popular as they are not aware of the CUP restrictions.

CONDITION 41. Based on ZA requirements to have all patrons out of the venue by 12 midnight, we are forced to no longer be a destination, just a night spot for dinner before an evening's activity. THIS IS NOT OUR BUSINESS - we are attempting to offer an entertainment destination that includes dining as part of the overall experience. Closure by midnight does not provide the revenue we need to support the entertainment or operation of the venue. Eveh if we attempted to solely be a restaurant with no entertainment, we would not have enough of a draw for us to be operational, we are caught in catch 22. Aside from this, in a theoretical environment of being purely a sit down restaurant our last serving would have to be at 9:30pm as it would be a crisis if a guest spent 2hrs eating and we had to force them out as we are closing. All checks to customers would have to be issued no later than 11 :30pm to ensure their departure in time. It is impossible for us to operate as a supper club without a 2am. We are offering a 3month PAB so that we may show our ability to stay in compliance of conditions on a "provisional basis". Such 3 month PAB seems a

DIR 2003 3688

fair opportunity for us to display our competence without the hindrance of prior owner's conditions as they had no interest in food or entertainment.

What is Element if we are being prevented from using the stage and the live entertainment permits as part of our business model.

Furthermore the requirement to reverse the change of "business classification" from restaurant back to supper club as per the original CUP and our stated intentions of use for the premise.

There are other conditions we find difficult to achieve however given the 3month PAB we will show our ability to comply in full and such other negative conditions can be discussed at that time. During the three month PAB, Element will provide monthly a summary including:

~ Food vs Liquor Sales ~ Nightly Schedule including entertainment ~ Detailed Incident Reports of any issues ~ Detailed parking summary ~ Condition Compliance

DIR 2003 3688

REFERENCED NEGATIVE FACTS ISSUED BY ZAIN RENDERING OUR CUP DECISION SHOWING THE DECISION MAKER ERRED OR ABUSED THEIR DISCRETION.

NOTATION - Case No. DIR 2003-3688(RV) reference in the "Background" was on December 19th 2003, not 2005 as written in the document.

ZA in "Review of Compliance with the Conditions Of Operation" makes multiple statements that are not in accordance with the information provided to him, the following lists such errors, omissions and includes detailed evidence showing such compliance. The Decision Maker erred and abused discretion on making a decision based upon poorly executed research or the use of FILMING marketing materials. Furthermore on multiple occasions ZA found us in non compliance of conditions because he could not show that we did comply and used a guilty until proven innocent method of determination. The decision maker never entered our property and shows no or little sign of communication with the enforcement departments of either LAFD or LAPD or Community who could have validated compliance on a number of conditions.

COMPLIANCE CHECK OF 42 CONDITIONS IN CUP (1998-0399(CUB)(PA)

1/ All other use, height and area regulations of the Municipal Code and all other applicable government/regulatory agencies such be strictly complied within the development and use of the property, except as such regulations are herein specifically varied or required.

The event the ZA mentions during his recon on December gth 2005 where Element was shown in full operation at 10pm does not include ZA entrance into property. The event was a Christmas Party for LA Models with the hours of 9pm-11:45pm. The parking lot adjacent was bought out for the event (ZA noticed parking lot was full). Food was served for the entire duration of the event and consisted of fixed menu items including pizzas and burgers. Food was prepaid for all guests and entertainment included a fashion show. All guests were out of the property by 12midnight.

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.

We provided an updated floor plan to the ZA at our hearing showing how the aesthetic changes would require a difference in our seating arrangements (DOCUMENT 2). ZA uses floor plan on the website which is clearly displayed for FILMING purposes to issue determination. Photos on the website clearly show tables and seating for our patrons. (DOCUMENT 3). The website as a marketing tool to attract events and filming has been used against us unfairly without consultation with LAPD, LAFD or personal recon to show otherwise. ·

3/ The authorized use shall be conducted at all times with due regarci for the character of the surrounding district, and the right is reserved to the Zoning Administrator to impose additional corrective conditions, if, in the Administrators opinion, such conditions are proven necessary for the protection of persons in the neighborhood or occupants of adjacent property. "

DIR 3688

ZA specifies he has removed the word club or nightclub and replaced with restaurant as we have a TYPE 47 ABC license. Our type 47 license does state anywhere any limitations to offering dancing or entertainment as shown by our attached permits. (DOCUMENT 4) Type 47 makes strict compliance policies as to food service but does not state as ZA is implying how I may run the business or what features or added value I can supply to my guests. There is no mention as ZA states "not authorized to operate as a club" as to what dancing and entertainment provided at a dining establishment would be named as. What would ZA name other "supper clubs" in the area that have food as well as entertainment on a TYPE 47 license. There are no type 48 license holders in this area that have dancing and cafe/entertain permits.

The ZA is forcing me by such conditions to be a business that I am not and have never had any intention of being. I am not a local "Italian Restaurant" my draw is my entertainment and ambiance and as long as I am in compliance of my food volume and all other ABC requirements under a Type 47 License why is this forced change of business model even under ZA jurisdiction.

ZA discusses parking requirements and the appearance of them being full at his time of recon. There are 5 surrounding public parking lots within 800ft (three of them are within access SOft from our property) of which on no day have they all been full. Furthermore we provided a parking lease between Element and an adjacent lot offering the required spaces which due to the high lease cost we would execute once a favorable decision that allowed us to operate had been issued. (APPENDIX C)

Combined with "community" approval (APPENDIX B) and the use and visitation of our property for entertainment by our neighbors there is no grounds to show non compliance of "due regard for the character of the surrounding district" without supporting ·documentation.

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

ZA agreed to our compliance.

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 included in the "notes" portion of the building plans submitted to the Zoning Administrator and the Department of Building and Safety for purposes of having a building permit issued.

Our modifications to the property were performed by AJF Construction (Contractor License# 787537)(DOCUMENT 6) upon entrance to the property there were immediate electrical and non structural hazards that we removed to ensure compliance and prevent injury. All other work was aesthetical not requiring permits. A copy of our work and permits folder is available for review. ZA did not view interior of property nor compare photographs of before and after and was therefore unable to ascertain what work had been completed, therefore made an assumption of structural remodeling to find us in non-compliance.

6/ The authorization granted herein is for a period of 8 years from the effective date of the subject grant. Thereafter the permit shall automatically

nm 2003

expire and the applicant will be required to secure a new permit to continue the use.

ZA found compliance with Condition No. 6 is not applicable.

Should Zoning Appeals Committee not wish to offer the 3month PAB, the expiration of our CUP in December obviously offers the city an automatic 9 month PAB.

7/ DELETED

8/ DELETED

9/ There shall always be 200 seats set for food service at all times during business hours.

ZA makes reference to citations on prior business owners in 2002 and 2003. He bases reference for our non-compliance on the website which again shows a floor plan under FILMING. There is no Condition requiring the website to maintain a copy of the floor plan with all furniture listed yet we are being found in non-compliance. Should ZA view photos on the website it clearly shows furniture as does press photos of our venue in multiple publications (DOCUMENT 3 & 7)

10/ No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee.

ZA shows compliance.

ZA also refers that there is no documented evidence that any violation of Condition No. 10 has occurred under the current operator, YET in prior Condition Discussions ZA uses citations of prior owners as proof of NON-Compliance.

11/ Deleted

12/ There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of beverages. A menu may be posted however.

ZA shows compliance

13/ There shall be no pool tables or coin operated game machines maintained upon the subject premises.


ZA also refers that there is no documented evidence that any violation of Condition No. 13 has occurred under the current operator, YET in prior Condition Discussions ZA uses citations of prior owners as proof of NON-Compliance.

14/ Alcoholic beverages shall not exceed 50°/o of the gross sales of food during any month. Records of food sales shall be provided to the Zoning Administrator with the application for the required three month plan approval.

DIR 200·3 3688

Contracts showing food purchases by large groups and breakdowns of liquor vs food sales were provided to the ZA at the hearing however we had only been open for a short period of time. Updated copies are included in APPENDIX E showing full compliance over a period of a month. There are some nights that our food sales fall short of liquor sales but on others our food sales far surpass liquor. Such swings in sales are shown by the Vs chart included in the APPENDIX E and are in compliance with the monthly statistic required.

15 / The subject alcoholic beverage license shall not be exchanged for a public premise type license not shall the premises be operated as a public premises.


16/ The applicant shall hire a certified noise engineer who will determine the maximum level the interior music amplification can be set and still comply with the City Noise Ordinance. The report of the consultant shall be submitted to the Zoning Administrator for review and approval within 60 days of the effective date of this determination.

60 days of the effective date of this determination letter would be forward looking for us to provide such report. It would have been in our merit to provide such document anyways in advance however that is not grounds for non compliance.

Since installation of our new sound system we have utilized the services of both Schubert Sound for the installation of a device to measure the amplification settings on our venue, have received ZERO noise complaints and have a requirement of the floor manager to perform an audio test of the level of sound outside our venue as part of the evening start procedures. Furthermore we had consultations with Dr. Mark Waldrep PHD. who advised us how to design the sound system to keep all the sound inside the property.

To show absolute compliance letters have been asked of both Schubert Sound and Dr Waldrep for immediate clarification on our compliance with Condition No. 16. We will also supply such copies again after the determination letter becomes effective.

Surely for ZA discussion on our negative community impact Element would have a barrage of noise complaints from such community members adversely impacted through our operation.

Ironically, the only day we received a complaint regarding our sound was the afternoon that the equipment to measure the sound and amplification was being installed and the complaint was from a "film shoot" across the street.

17 I No private rooms or areas are allowed. All space of the business shall e open to the public unless there is a private function where all of the business is reserved.

ZA shows compliance

18/ There shall be no enclosed customer booths. If booths exist, they shall only be separated by partition.

DIR 2003 3688

ZA shows compliance

19 / There shall be no sales of alcoholic beverages for off-site consumption

ZA shows compliance

20/ A full menu shall be available until 11pm daily

ZA uses examples of prior ownership being cited in 2002 and 2003. He furthermore cites our website not having a menu and therefore we do not serve food. Whilst we previously mentioned that some nights have slower food sales and others have incredible food sales, there is always a full menu available until llpm daily during days of operation. APPENDIX E clearly displays high level contacts who enjoyed dining in our location and the food that was eaten. DOCUMENT 8 shows two press articles in high profile magazines that mention our food and the entertainment. The food we serve is changed consistently on a regular basis. When our entertainment is a CLEARCHANNEL show aimed at a younger demographic burgers, pizza and fries sell a lot better than upscale items. When Good Charlotte (multi-platinum artist) is performing the menu included everything from "Tomato Confetti and Goat Cheese Crostinis" to "Harissa Marinated Baby New Zealand Lamb Chops". Considering our primary appeal to this venue is the entertainment provided we are constantly required to adjust the menu, food is an incredibly profitable item that we have no intention of not providing or offering our guests. We have never been cited or warned about our lack of food by comparison to many other TYPE 47 establishments and have no intention of parading as a restaurant to seek the permits for a nightclub. We are very defined in our purpose of being a supper club.

On the one occasion that our kitchen was about to be upgraded as we had equipment that kept faulting an email was immediately sent to Officer Rose of ABC Vice Enforcement alerting him to the issue and our proposed solution of catering for the night. This email was sent on August 26th 2005 and is attached DOCUMENT 9.

How are we possibly not in compliance?

21/ The licensee shall furnish the premises with tables and chairs at which food may be comfortably consumed and have cutlery, condiments and other eating utensils available for use by patrons.

ZA again refers to prior citations issued to prior business owners as part of his findings of non-compliance. Furthermore as previously stated in other discussions above ZA uses the floor plan from the website and ignores photos of the venue in trade publications, on the website or first hand experience from the many number of LAPD, LAFD and other city guests who have frequented our venue either for pleasure or to check us. (DOCUMENT 2,3,7) As of our current floor plan we have exactly 184 comfortable seats. How can the ZA consistently use an empty floor plan on our website as the sole evidence of non-compliance? Also attached in Document 3 are receipts for our tables, which co-incidentally replicate the same tables used by Sopra Italian Restaurant in Beverly Hills.

22/ No employees shall be permitted to accept money or any other thing of value from a customer or be employed for the specific purpose of sitting with or otherwise spending time with customers while in said premises. The licensee shall not provide or permit or make available either gratuitously or

nm 2003 s·aas

for compensation, male or female persons who act as escorts, companions or guests of or for the customers.

ZA FINDS THAT BECAUSE THERE IS NO EVIDENCE SHOWING WE DO NOT HAVE ESCORTS OR PROSTITUTES THAT WE ARE NOT IN COMPLIANCE. Guilty until proven innocent? We are a supper club not a brothel. The LAFD and LAPD have been in the location on multiple occasions both for pleasure and to check us, there have been no reports so surely we are in compliance.

23/ No employees shall solicit or accept any alcoholic or non-alcoholic beverage from any customer while in the premises.

ZA finds us neither in nor not in compliance. The LAFD and LAPD have been in the location on multiple occasions both for pleasure and to check us, there have been no reports so surely we are in compliance.

24/ No advertising of club beverages is allowed

ZA finds us neither in nor not in compliance. ZA mentions violations by prior owners yet finds no articles or advertising of any kind regarding Element. We are in full compliance.

25/ The applicant shall not sublet the premises to "promoters" for nightclub activity.

ZA finds us neither in nor not in compliance. Element has a large in house team of marketing and promotional specialists that are all on payroll and exclusive to us. Whilst costly, this keeps us in complete compliance with a Condition that LAPD is cracking down on. DOCUMENT 10 on October gth 2005, on a "city scene" discussion forum discussing our lack of promoters and some praise. We are in full compliance.

26/ The applicant may also maintain a live theater and music, motion picture, video screening, record release and listening parties, band and orchestral rehearsals as well as special events, provided all necessary permits and licenses, where required for such activities are valid.

ZA finds us neither in nor not in compliance. Special private events are usually managed by a production company. We typically use ELS who have the contract for all the award shows and so forth. They handle all permits and provide copies on day of event. LADBS records search on our address will show such activity.

27 / There shall be no minimum drink requirements.

ZA find us neither in nor not in compliance. Appendix F is a long list of single drink credit card transactions, combined with no postings in our venue or so forth we are in absolute compliance. Rather than include a large print our of each detailed transaction, Appendix F shows detail copies for the month of October and the search tallies the results. To aide in reading the report on October 1st there were 44 credit card transactions between $5-$11 and our cheapest drink is $6 showing no ability for more than one drink to appear in this report. Inspection of our records is welcomed. We are in full compliance.

DIR 2003 3688

28/ No outside public telephone is permitted onsite. Any public pay phone on the interior shall be located in an area within full view of restaurant staff and not located within any restroom.

ZA shows compliance

29/ A new plan approval review shall be filed within three months of the effective date of this determination to evaluate the degree of compliance with all conditions of this case, and to determine if the existing public nuisance has been corrected or whether the use might have to be closed.

ZA again cites the prior owners failures in finding us non-compliance. ZA consistently chooses on each Condition we are found in violation of to either use prior owner citations or state that there is lack of evidence to make a determination of compliance. This inconsistency will apparently make it impossible for us to comply with anything.

30/ Any future operator or owner for this site must file a new Plan Approval application to allow the city to review the "mode and character" of a possible new restaurant.

ZA finds us in non-compliance as ZA had already filed the plan approval prior to our ownership of the property. When our ownership was finalized a PAB was already in progress. It is impossible for us to comply with an action that occurred prior to our ownership yet still be found in non compliance.

31/ Deliveries, trash pick up and parking lot cleaning are allowed only between the hours of 7am and 6pm daily.

ZA does not confirm compliance, city street cleaners spray the outside of our venue at 3:30am daily. Trash pickup is at 9am on Thursday and the parking lot is not owned by the venue.

32/ Any private rental use shall be required to be shown, sign for and follow all of the conditions of this grant.

ZA finds us not in compliance, despite no CUP requirements to keep copies of such signatures on record anywhere. All contracts for special events come with a copy of our permit book which shows our lease, liquor license, tobacco license, cafe/entertain permit, dance hall permit, insurance and CUP. The contract specifically requires that client must abide by all of the permits and that we as the venue are there to ensure such compliance. This is the same book that LAPD inspect when they visit our venue. ZA is unfairly finding us in non-compliance in a guilty until proven innocent manner.

33/ Proof of quarterly meetings with Hollywood Vice shall be submitted to the Zoning Administrator.

ZA rightly finds us in non compliance as we did not submit information on a quarterly basis to the ZA. We did however have multiple meetings with VICE either as part of the HNAC committee, emails or seeing the officers in public. We have immediately drafted a plan to ensure immediate compliance and to ensure such information is recorded and submitted to the ZA. This will be part of the monthly and quarterly information we will be providing to our file upon the effective date of this

DIR 200·3

determination. APPENDIX G details such documents. We have a file on site that lists and includes the business cards of all vice officers that have entered our site to validate compliance.

34/ A copy of these conditions shall be kept on site at all times. All employees shall be familiar with these conditions.

ZA finds us not in compliance despite the fact that our principal offices are in the establishment thus there are obvious copies at the location, alongside the permits folder previously discussed and viewed by LAPD on multiple occasions. ZA had mentioned a photo of a copy of the conditions (30 pages) posted on the office wall would suffice. ZA never entered location to see such folder nor communicated with the multiple LAPD officers that have seen the folder. Of our 64 employees, 10 have received actual copies as they are in management positions and the rest received verbal discussion as to our requirements. We see absolutely no reason t find us in non-compliance.

35/ A parking plan shall be submitted to the Zoning Administrator approval which will provide for new or additional off-street parking for the duration of the new use involved.

Despite the large amount of directly adjacent parking (5 lots) which has never been completely full we have a parking lease we are ready to execute. We spent months searching for leasable parking as the prior owners had caused problems of epic nature in almost every parking lot they leased. Parking Lot owners had very little interest in doing business with anyone associated with the property. We operated on a good faith agreement with the directly adjacent lot to ensure suitable parking and furthermore on large nights utilized a valet service. DOCUMENT 11 and APPENDIX C show clearly the parking plan submitted to the ZA and the new lease agreement we have found. The appeals committee should be made aware of the extortion being placed on Liquor licensed establishments by the parking lots that are aware of the CUP requirements and therefore hold that as leverage for large sums of upfront and monthly capital in addition to the charges they place on the patrons. Our customers even with this lease will choose to park in the closer parking available leaving our spaces in the leased lot empty a majority of the time.

36/ The applicant shall develop a detailed security plan within 30 days of the effective date of this determination which shall be reviewed by Hollywood Vice and approved by Zoning Administrator.

ZA praises us, reduces the number of guards required and in his response makes no negative statements of any sort but somehow in his findings article later in the decision letter (PAGE 28) he still finds us not in compliance. It is impossible that the decision maker did not err in his findings and this is just another example.

Separately we operate a 1: 50 ratio of security to patrons and in addition employ additional security personnel to keep the sidewalk and street clear for pedestrians, have 4 security personnel for the front door to check ID and crowd management and all major fire exits are guarded. We take the security of our patrons incredibly seriously and due to the high profile guests we welcome, we go over and above to ensure no problems can occur.

DJR 200·3

37 / Signs shall be limited to the minimum necessary to identify the name of the subject business establishment.

ZA finds us in compliance.

38/ The adjacent alley and public street shall be swept on a daily basis after the close of business.

ZA finds us in compliance

39 / No use of the alley is allowed ........

ZA finds us not in compliance with this condition despite the fact we installed gates with interior panic release hardware to prevent patron access. It is not possible for our patrons to access the alley and ZA should have noticed such on his recon. Our considerable spending on these gates is our compliance.

40/ The maximum occupancy of the business shall be 400 persons (NEW)

ZA mentions a need to see further activity logs from LAPD to ensure reduced police calls and nuisance impacts. We have had very few police calls to our venue since our operational ownership and the neighborhood support clearly shows our nuisance impact. As a business we cannot survive with this condition. The venue will always be looking empty and the numbers do not generate the funds required to book the entertainment.

From our dealings with Clear Channel (nationwide concert and live act bookers) there is no value in booking Element as a location for a live act with a capacity of 400, our attraction is our capacity is ideally suited to 600 people and it allows the booking of more expensive artists as 600 persons can cover such costs. How can we operate as a concert venue as allowed by condition 26. if we cannot break even and are forced to have lower quality acts that cost less. We are being prohibited from attracting toptier talent.

From our experience the venue at 400 guests looks empty, we are 9000sqft property giving each guest 22.5 sqft does not make sense and makes it difficult to be an attractive venue to dance and enjoy an evening. Especially if you have a large percentage of the dance floor to you and your guest!

FIRE INSPECTOR ROBERT GLADDEN has consistently monitored our property and offers us a capacity of 650 INCLUDING ALL CHAIRS AND TABLES. (DOCUMENT 5) He is present at all events and many of our nights and can validate we are a venue that takes all steps to provide a safe environment for our patrons and staff. When people are enjoying the entertainment and see a relatively empty room they perceive us as not being popular as they are not aware of the Cl.JP restrictions.

41/ No after hours use of the club us allowed. The business must be empty of patrons by 12 midnight daily.

I have already included the business requirements for this condition in the appeal section. However ZA notes prior citations to the previous owners yet again and also my citation on November 22nd 2005. I was booked at about 12: 15 on the busiest night our venue has ever had. Press reports (DOCUMENT 12) clearly state the event

2003

was supposed to be over by midnight. At 11 :40 all staff ceased operation and all security started the exit procedures. FIRE INSPECTOR GLADDEN WAS IN THE PREMISE. With the high profile talent inside the venue, combined with the paparazzi eager for a photo and the other guests who wished to enter our property whilst we maintained full control it was rather difficult to have everyone exit in an expedited manner.

Had I have pushed all the celebrities into the awaiting crowd of patrons and paparazzi outside it would have caused an unsafe environment. Unfortunately high level celebrities are not amicable to being asked to leave!

I have also attached the contract for this event with client's signature clearly showing midnight ending. (DOCUMENT 13) It is impossible to invite such clients back to a venue for an event when our staff are responsible for herding them out by midnight. The customers just assume we are not wanting their business as none of them have ever heard of a Conditional Usage Permit!

42/ Valet parking must be offered after 6pm and no double parking is allowed on public streets. Off-site parking of cars us only allowed at Selma Elementary School or at Grants parking lot to the south of the subject business.

ZA finds us not in compliance because I am forced by my CUP to have cars parked in a lot I neither own nor have a lease to. Furthermore, Valet is proven to create trouble as it causes clusters of people to form which when intoxicated can lead to mischief. This problem is recognized by LAPD. Condition is now changed to "MAY OFFER VALET" as problem is now recognized by ZA. Without ownership of ZA required lots (Selma & Grant) it would have been impossible to be in compliance.

2003 3688

CONCLUSION

Through the findings of the ZA it has been shown on multiple occurrences there was a "guilty until proven innocent" code of determination. Furthermore, use of marketing materials for a particular cause were used against us for another cause. ZA consistently found us in non compliance when simple research could have easily shown otherwise. ZA is intent on changing the nature and type of our business away from entertainment and into something we cannot achieve. He asks for us to show more proof of good operation yet finds every possible avenue to show our failures even when they do not exist. We have shown absolute good faith in our operations and have the community support to confirm this. We are yet to be shown any actual direct negative community impact caused by our operation.

In the Decision Letter "Findings" where a summary is given of why such conditions where imposed and so forth ZA makes a number of incredibly wrong statements and therefore such decision is rendered as an abuse of decision maker discretion.

> ZA states "there is no evidence of compliance with 19 of 29 conditions" > This is obviously discussed in above review summary

> ZA states "the true test of a restaurant is its location, its menu, its prices, its ambience and convenient parking."

> Whilst we would all love to believe this is all it takes, the ZA is unfortunately asked to provide more than "presumably". There is a long list of restaurants out of business that have all these items. For a business such as ours the true test of its location is its "draw" and the quality of food, service and price are merely the surrounding blocks of this draw. Should any of them be appalling a customer may hesitate to return but they are certainly not the final points. There are many restaurants that I frequent that have terrible service and parking but good food, there are others with terrible food but good service and ambiance. The true test of a restaurant is its ability to create and bring to market an experience that draws the customers to keep on returning. A lot of places have good food and service, unfortunately in hospitality one needs a lot more than that.

I DIR 2003 3'188

APPENDIX A DIRECT ECONOMIC BENEFITS TO OUR SURROUNDING COMMUNITY

APPENDIX B COMMUNITY SUPPORT LETTERS AND FACTUAL INFORMATION

APPENDIX C PARKING LEASE BETWEEN ELEMENT AND BERNARDS PARKING

APPENDIX D SECURITY SURVEILLANCE EQUIPMENT REPORT

APPENDIX E SUMMARY OF CONTACTS WHO HAVE EATEN DURING ENTERTAINMENT

APPENDIX F CREDIT CARD REPORT SHOWING NO DRINK MINIMUM REQUIREMENTS

APPENDIX G MONTHLY AND QUARTERLY INFORMATION TO BE PROVIDED TO ZA

DOCUMENT 1 RAP SHEET OF PREVIOUS LOCATION "CLUB BLUE"

DOCUMENT 2 ARCHITECTURAL FLOOR PLAN OFFERED TO ZA SHOWING NEW SEATING ARRANGEMENT

DOCUMENT 3 IMAGES FROM WEBSITE CLEARLY SHOWING TABLES AND CHAIRS

DOCUMENT 4 DANCING AND CAFE/ENTERTAIN PERMIT

DOCUMENT 5 LAFD CAPACITY NOTICE

DOCUMENT 6 AJF CONSTRUCTION LICENSE

DOCUMENT 7 PUBLICATION PHOTOS SHOWING FURNITURE

DOCUMENT 8 PRESS CLIPPINGS CLEARLY DISCUSSING ELEMENT FOOD

DOCUMENT 9 E-MAIL TO LAPD ABC ENFORCEMENT REGARDING KITCHEN UPGRADES & TYPE 47 REQUIREMENTS

DOCUMENT 10 DISCUSSION FORUM POST ON ELEMENT NOT USING PROMOTERS

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DOCUMENT 11 ARCHITECTURAL PARKING PLAN SUBMITTED TO ZA

DOCUMENT 12 PRESS REPORTS OF OUR MIDNIGHT CLOSURE ON NOVEMBER 22nd 2005

DOCUMENT 13 TEEN PEOPLE CONTRACT

DIR 2003 3688

APPENDIX A DIRECT ECONOMIC BENEFITS TO OUR SURROUNDING COMMUNITY

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DIRECT ECONOMIC BENEFITS TO SURROUNDING COMMUNITY

Aside from the obvious benefits of more people being attracted to an area increase land values, new business opportunities for neighbors and a general increase in the per ft spending of this district, Element from day one has had a plan of action to force ourselves into providing economic benefit for our neighbors.

Our intention was started by the negative taste that the prior tenants had created but furthermore in our small street we all need each other. Be it accepting a UPS for us to being available should we have a crisis, we just chose as of day one to create a family on our street.

We are the largest property on the street and our neighbors look to us to ensure that they are being represented and in a parental fashion to provide equipment and materials at a moments notice. When they run out of toilet paper they use ours, when they need a drill they use ours, when they need to use a photocopier they use ours. Most of all however they want to know that at night when they are closed and we are open that we are watching their store for them.

Many of these neighbors who perhaps are slightly more expensive than competing stores in the city we still choose to do business with. The extra few hundred dollars in cost it may be to us is minimal as a % of our operation but to them it signifies a large portion of their monthly sales. We recognize this and therefore add value as often as possible. The direct result 12 months after this plan was put into effect is that they are willing to stand up for us when we are having a problem. This is what being a neighbor and a part of the community is about. On March 23rd 2005 we hosted a Burgers And Beer to all our neighbors not only to introduce ourselves but also to explain our open door policy should they at any time have any problem whatsoever.

The below table shows some direct examples of our business interaction with the "community"

BUSINESS PURCHASING NEGATIVE Convenience We purchase all soft drinks for We can be supplied by Coca-Cola with Store consumption by office staff during soft beverages through our sellers price

day time activities or meetings. for wholesale, however for the small saving we would rather build a relationship

Barbershop All staff are invited to use the local By no means is Jimmy the best barber barber at a discount however his business is small and gets

little walking traffic, it does us no harm to generate business for him.

Yoga Studio Group yoga sessions for all staff When a new yoga studio appeared, we available were the first to offer her access to our

64 employees (most of whom are women!) who all do yoga anyway and would be happy to move to a new studio.

Clothing All clothing for our staff and Rather than use a low cost designer, we Designer special events used our neighbor across the street to

design and make all our staff uniforms and the entire one off event uniforms we require.

Newspaper All tabloid purchases Every week we could easily have all the stand tabloids and papers be delivered by mail

and for far less (subscriptions) however we chose to alwavs use our neiahbor.

rnm 2003 3688

Parking Lots All special event and filming lot When filming comes to our location they purchases need large spaces for their trucks and

trailers we always push them to our adjacent neighbor even though slightly cheaper parking options are available.

Micelis All film shoot or special event Whilst we provide dining for guests and Restaurant feeding is sourced through our events, the crew and staff feeding we

neighbor always push to Miceli's to cater to ensure they benefit through any disruption a movie shoot may cause.

Supply All staff flashlights, restraint There are many stores that are a third in Sergeant equipment, busboy clothing. price cheaper than this neighbor

however we consistently source all of our equipment from them on a monthly basis. All staff members in this location carry a flashlight. From a cocktail waitress who carries a small and cheap device to our security who carry bright and rugged devices.

Local We refer a magnitude of business When we are closed or overbooked and Restaurants to our neighboring restaurants and receive reservations, we always move

bars almost nightly. their reservation to one of the many local businesses to ensure patrons still come into our area.

DIR 2003 3688

APPENDIX B COMMUNITY SUPPORT LETTERS

AND FACTUAL INFORMATION

DIR 2003 3688

James Sinclair

From: paul woolsey [[email protected]]

Sent: Wednesday, December 14, 2005 11 :57 AM

To: [email protected]

Cc: [email protected]

Subject: From Paul Woolsey, Hollywood Hills West N.C. re Element Nightclub meeting 12/13.

Dear Dan This is Paul Woolsey from Hollywood Hills West Neighborhood Council regarding

the Club Element matter that we dealt with at our monthly meeting last night. The long and short is that we voted to support approval of Mr. Sinclair's application

Page I of I

for the business specifically that he be able to operate until 2 AM. with liquor stopping 15 minutes prior to that and that there be a 3 month plan approval with this project so that progress can be measured. Many persons spoke at this meeeting. Mr. Micelli stated problems with the club patrons and we are encouraging a sit-down meeting which we will gladly umpire. Other business owners spoke of the great improvements that the Element Club has made to the area. Representatives from L.A.P.D. Vice spoke of the arrest and closure and stated that a reduction in problems appeared to be taking place. Elizabeth Peterson re-stated that this site is entitled to operate as a nightclub with an A.B.C. License in place and that it would be good to try to fix the problems with a responsible operator like James Sinclair committed to making the place work as a good neighbor. The vote to support Mr. Sinclair and to make this thing work was overwhelming. We encourage approval of this project as the best option for the community interest vis-a-vis a site that is already entitled. The complete minutes of this meeting will be available at www.hhwmc.org within the required 20 day period.

Do You Yahoo!?

Paul Woolsey [email protected]

Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com

DIR 2003 1/22/2006

3688

12/13/2005

Dear Mr, Green,

As local businesses to James Sinclair and Element located at 1642 N Las Palmas please take this letter of support of both him and business. We find no reason not to approve or accept any molions he requests.

Regards

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DIR 20 0 3 3688

1216/.2005

Oear Mr Green.

Rokhar 171 o Las Palmas

Los Angeles, CA 90028

ln the past year that Element and Jomes Sinclair have surfaced on Las Palmas, I can honestly say that I have found a new friend and business mentor. I have worked at five very high profile clubs in a management position and never before have I seen such an operation.

When I met James and ha explained his background in economics and finance and his reasoning for being in this business I realized I was speaking to a new breed af owner who represents what so many other clubs are lacking. When I question why his security costs are so high or why he pays for his employees monthly parking at adjacent lots he ls the first to gloat that it is better to be safe than sorry.

I implore you to go through what I experienced and have a personal conversation with Mr Sinclair, so you to can see why Element Is so critical in this area. 1 understand he took over a location that was full of problems that were there before my time, tiowever I cannot think of a more ideal and motivated business owner than James.

Element and Mr. Sinclair are my direct competition and within 250fl of my location, yet without question I cannot think of anyone else I would rather compete with. This area of Hollywood is vibrant with restaurants and bars, people in Los Angeles finally have an "area" that they can park once and walk around in the evening - Element is a critical part of that.

sincerely

Robert Montes General Manager

nm 2003 3688

March 10, 2005

Mr. James Sinclair The Paja Group

·• ·.,.

9461 Charleville Blvd., ~uite 359 Beverly Hills, CA. 90212

Dear Jani.ea,

A thousand times, THANK YOU, for hosting such a successful event at ELEMENT last

night. Not only did we host the beat·ever W?'ap pany for Newlyweds and the ~hlee Simpson

Show, but we may have just thrown the coolest party in MTV hiatory, Bold statement, I . . . .

. . know, but then again we were at the best venue Los Angeles has to offer.

Undoubtedly thls is the beginning of something magical and I am confident you will have

tremendous prosperity with ELEMENT. The food was amazing, the security ... top notch. the

-DJ°n~ver had a bare square on the dance floor, It meant much to all ofus t.o have such a

smooth 1Went. Needless to e~ the bar was abused by our crowd.

I will be calling on yOu an4 your supreme staff to help ua again in the future. From. all of ua

at MTV, thank you!!

.Cho\~ Me~~a.viee, Associate Ptoducer · · · Newlywed.a: Nick & Jessica

DIR 2003 3688

1215/2005

To Mr Green

The closure of Element at 1642 Las Palmas has changed this area ag~in already since last week. Every night the people who go to Element walk buy our stand and usually pick up a newspaper, cigarettes or gum. Before James took over we had to close early because the old Club Blue had crowd that caused damage, now we are open until 11 pm to take advantage of our James business. Do you remember the troubles we had at Club Blue and how long it took to get rid of them, we finally have people who we get on with and now they get closed apparently for Club Blues mistakes. ·

Four nights a week of staying open two hours later makes a big difference for our business, what can we do t'o show our support and have them reopened. James asked only for a letter of support but I will do whatever it takes.

Thanks

Robert Curson

DIR 2003

Dear Mr., Green,

FROM THE; DESK OF MICHAEL PAOLO Gi1ECO 4824 Los FELIZ BLVD

Los ANGEi .ES CA 90027 3233849791

As the landlord to 1642 N Las Palmas. you no doubt are awa-e of the extent of problems we faced with the prior tenants. We found ourselves in court on multiple occasions due to there flagrant disregard for their neighbors and the safety of their patrons. We found ourselves being held accountable for the horrendous operational capacity of the prior tenants. At the termination of their lease we came in to find a property that had been considerably abused. multiple building code violations and generally a disaster area.

Our new tenant James Sinclair came to us with strong ambitions of how he Intended to run the space and the upgrades he was going to perform. James has outdone and exceeded our expectations creating a beautiful venue with state of the art equipment It Is once again a pleasure to actually walk through our property doors.

The way James conducts business is commendable. He has shown great respect for our neighbors and associated businesses forging strong relationships. I feel his business I a huge part of why our small part of Hollywood is now on Its way back to its former glory. You will not find an operator in the city that shows more care in their property, their staff and their patrons like James has shown. He is an asset to our city and as his business expands more and more people will be able to see the results he provides. It is with great pleasure I write this letter of support to you asking for immediate action to be taken on his CUP.

If there are any further questions, it would be my pleasure to discuss this in more detail.

CC: James Sinclair

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To Whom It May Concern:

I I \'-'1•1 I I IL- a...,L......,..I,. ..__,

MICHAEL PAULO GRECO 4824 LOS FELIZ BLVD

Los ANGELE:S CA 90027 3233849791

1642 N Las Palmas I The PaJa Group October 15, 2005

As the landlord of 1642 N Las Palmas more commonly known as "Element", this is a letter of reference and credit to our tenant u James. Sinclair" who has inhabited this property for just over a year. He has paid rent on time continuously without problems since execution of our lease_

We are more than happy to act as a trade or credit reference to Mr. Sinclair and/or his business and would be delighted if he so choose to rent our other commercial properties.

If there are any further questions, it would be my pleasure to discuss this in more detail.

Regards

Michael Greco

CC: James Sinclair

DIR 2003 3688

12/13/?.005

Dear Mr, Green,

As the business owner of 6700 Hollywood Blvd and multiple other local businesses, please find this l0tter in support of James Sinclair and Elemenl localed al 1642 N Las Palmas.

They are both a neighbor who provides strong economic: support Lo our area and show a results orientated stance to any problems that arise in the area. Unlike some of the other business owners in this area, l am open from both before and after Element operates so I am able Lo see everything from their daily operation to their actual night U.me activities.

Their security mcmi tors the entire street, keeping their patrons safe and general pedestrian traffic protected. Please support their requests in an expedited manner knowing Lhey offer this community more than you may see from the outside.

Regc1rds

l)nf· 200 3 3688

World Of Wonder . 6650 Hollywood blvd. Suite 400 Hollywood, California 90028

-•

Element Hollywood I James Slndalr

Dear Sir/ Madame,

December 2, 2005

Element Hollywood and James Sinclair the owner, have shown in their past year of operations that they are the neighbor that reflects most posltlv@ly on our immediate area. They have been· personal and In contact with us since day one openly showing their planned changes and security procedures.

One of the greatest threats we had during the Club Blue era was the usage of our alleyway for drinking and drugs, we constantly found ourselves in the morning calling the police to remove such person~ and halted use of the alleyway in the evening to park our cars for fear of personal attack .

. The new owner took pro active steps to address our problems and installed a gate for restricted access and during open hours posted security. As a daytime media p~uctlon centre we have few requirements as we barely cross paths.

Please, however find this letter In absolute support of our neighbor and his operation as we are fairly certain we could not find better nightlife neighbors to exist with. This letter should not be confused with our first letter of support when we first met them and were so happy to be rid of the prior owners. This is a letter written after a year adjoining their property and having a chance to actually see If they kept to their promises. ,.

e :as f)' I ' l

DIR 2003

1642 NI.as P'dlmas LACA 90028

2005-12-05

Dear Dan Green,

lement

As the Floor Manager of Elemen1 I stand alongside 62 employees asking that you desperately remedy our crisis. With the holiday season around the comer we have all suddenly found ourselves without employment for an unknown period of time. This industry receives a notorious dip in the holiday season making it almost impossible for us to find jobs anywhere else in the city.

Every single cn'lploycc stands behind the owner of this business und will attest that he has shown absolut.c generosity, commitment to our p.itrons and lo the overall security and cle,inlincss of this area. We are all very c1warc of the Conditional Usage Pennit and the long process in gelling ll handled however we hope you see our situation as well.

Almos! all ofus have worked in major venues over the past five years, and none ofus can even come close to explaining the difference we have experienced as employees working for James. From pi:1..:r.1 at the end of the shift and security walking us to our cars to hcal11l insurdncc. There is without question no better general manager on Ilic plane!. if you need more reasons we would all be more than happy to come to your office and explain why in detail. m~ ·~·cc ~cvct)'hing.

JoshKopcl ~ Floor Manager

(::(;. Gail Greaves \ Bar Aimee Bradle \ Bar

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~f Tammi L nd \ Bar

~ Ton a Madson\ Bar

Bo Hunter\ Bar

Alison Bell \ Bar

T~~isto her I Bar

Darcy F owers \ Bar

Rebecca Natt \ Bar ----~ ..i::>6GBlcf" K:IIJ(sl.t. • Debbie Knell \ Bar

---------!

,e"~·rh..baker \ Bar

2003 3688

lement

on~c; Sasha Perl-Raver\ Server Michelle Boehnen \ Server

---+----,:----,,.-~------I

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Maria Santia o \ Kitchen Javalino Pina\ Kitchen J~na \ Kitchen

~i.,....~i~t. .. denika \ Kitchen Conro Picard \ Kitchen ------~--+--~<--

Ton Guitierrez \ Securit Guards

. \\,,,. James Collins \ Finance ----+--~~~~,:..;;...~--=--....::....:...--1-=-J~le Nixon\ Email

l. Par8S \ Desi n Dan Bernard \ Plannin

DIR 2003 3688

ft)Prmf,)91'CO

December 5, 2005

··-............. Re: Case No. DIR 2003-3688

Element

To Whom It May Concern,

Please take this letter as that of our business support for the owners of 1642 N Las Palmas more commonly known as "Element". Since taking over this property form their prior owners we have seen significant changes that have increased the value of our own business. Furthermore, we are no longer threatened or nervous to stay late in the office due to the prior owners attra<..'ting a violent and drug based crowd. Gone are the days of vandalism and theft in our area.

This new business, has revitalized the street in more than just a good neighbour fashion. They are eocnimcially pro active in using us as a local business to provide staff clothing and the move shoots and other special events they bring in also utilize our services.

We have seen our business increase dramtically this year and element had a lot to do with it. Since their closure there as been an immediate change in the pedestrian traffic therefore our sales, we are aU losing from this, please support our small street in getting element back open.

8 months later and 1 am still supporting this business.

Thanks,

Chris Psaila Owner

DIR 2003 3688'

APPENDIX C PARKING LEASE BETWEEN ELEMENT AND BERNARDS

PARKING

DIR 2003 3688

THIS AGREEMENT IS TO BE EXECUTED ON RELEASE OF THE CONDITIONAL USAGE PERMIT

PARKING LICENSE AND VALET AGREEMENT

THIS PARKING LICENSE AGREEMENT (The "Agreement") is entered into on this FIRST day of JANUARY 2004, by and between BERNARDS PARKING SYSTEMS & SERVICES ("Licensor"), located at 17277 Ventura Boulevard, Suite 200, Encino, California, and The PaJa Group dba Element LA ("Licensee"), located at 1642 N Las Palmas, Los Angeles, California.

WHEREAS, Licensor operates exclusively a parking facility (the "Facility") located at 6725 Sunset Blvd, Hollywood, California; and

WHEREAS, Licensor holds the Master Lease for the Facility (the "Master Lease," a true and correct copy of which is attached hereto as Exhibit "A"), for a period of I (ONE) year, commencing on ISSUANCE OF CONDITIONAL USAGE PERMIT FOR LOCATION (January 14th 2006), and expiring on or about January 14th 2007, with a negotiable option to renew.

WHEREAS, Licensor is in the business of operating parking facilities and providing dedicated valet service to the general public throughout the State of California, including, without limitation, on the Facility; and

WHEREAS, Licensee is opening a restaurant and multi purpose entertainment venue known as "Element" located at 1642 N Las Palmas, Los Angeles, California which is in close proximity to the facility; and

WHEREAS, the facility has excess parking capacity to accommodate all of the Element's parking needs on an exclusive basis; and

WHEREAS, Licensor is interested in providing Licensee exclusive and dedicated use of sixty (60) reserved parking stalls at the Facility from the hours of 5:00pm to 2:00am each day, seven days a week for use by Licensee and its patrons, customers, employees, invitees and guests.

NOW THEREFORE, for mutual promises contained herein and for other valuable consideration, the parties hereby agree to the following terms and conditions:

1. TERM AND RENEW AL : The term of this agreement shall commence immediately from the execution of this agreement, and shall terminate one year unless and until Licensee exercise its option to extend the Master Lease, and the parties similarly extend the Agreement for an additional term. Licensee, its patrons, guests, employees, and tenants shall be entitled to exclusive use of the allocate number of parking spaces as provided in paragraph 2 below, from the hours of 5:00pm to 2:00am, each day of the

DIR 2003

month, subject to the terms and conditions of this Agreement ("Permitted Hours of Operation").

A RESTRICTIONS Licensor shall designate at its discretion all parking stalls allocated to Licensee in the Facility prior to commencement of this Agreement. At no time shall such allocation constitute an ~ncumbrance on the Facility, such that the allocated parking stalls will be recorded with the City of Hollywood. Licensee shall only have the exclusive right of use of the allocated parking stalls during the hours designated herein for the Term of the Agreement.

2. PARKING SPACES Licensor shall provide for the non exclusive use of Licensee, its patrons, guests, employees, and tenants, a minimum of sixty (60) parking spaces at the Facility from the hours of 5:00pm to 2:00am, each day of the month, subject to the terms of this Agreement.

3. COl\i1PENSATION Licensee shall remunerate to Licensor a monthly service charge of $2,000.00 payable on or before the 5th day of each month during the Term of the Agreement. Each monthly payment shall be made directly from Licensee to Licensor at a place designated by Licensor.

4. HOURS OF OPERATION Licensee shall have the right to utilize on an exclusive basis all the Facility parking stalls allocated to Licensee under the Agreement, every day of the week from the hours of 5:00pm to 2:00am. Licensee must notify Licensor of any additional hours of operation that Licensor so requires.

5. LICENSOR'S OBLIGATIONS Licensor shall, during the term of this Agreement, operate and maintain the Facility in a clean and safe manor. Licensor will install at all times during the Term of this Agreement supervisory and executive personnel for the purpose of consultation in reference to parking and/or service problems as they may arise from time to time. Licensor shall provide, if necessary, all monthly passes, signs, and any other items necessary to effectuate its obligations under this Agreement.

6. LICENSEE'S OBLIGATIONS

A Licensee shall use BPS, or its affiliate as its valet parking service. BPS shall have the right to charge all vehicles serviced by and through the lot a fee of $10.00 per vehicle and a negotiated sum per event.

B. Licensee acknowledges and understands that Licensor shall not be responsible for fire, theft, or any damages to or loss of vehicles serviced by and through the lot (unless covered by Licensor's ordinary, insurance policy), or for any article left in said vehicles, while parked in the Facility. Licensee's patrons, guests, employees and invitees must assume all such risks.

DIR 2003 3688

C. Licensee shall comply with all the rules and regulations set forth by the management of BPS.

D. Licensee acknowledges and understands that this Agreement creates only a license for Licensee to use the Facility to park vehicles for a fee, and that no bailment is created.

7. TERMINATION AND/OR CANCELLATION OF LICENSE AGREEMENT

A Licensor shall at all times have the right to terminate this Agreement all of the Licensees rights granted herein in the event that:

(i) Licensor or owner of the Facility shall have made or shall be about to make a bona fide purchase and/or sale of the Facility in whole or in part, or shall have entered into a bona fide written contract for the sale of the Facility in whole or in part; or

(ii) Licensee shall breach any of the covenants, terms, and conditions hereof, provided the Licensee receives notice of existence of such breach and fails to remedy such breach within fifteen (15) days (the "Cure Period") after notice thereof is received. The Cure Period shall not apply as a material breach for purposes of termination as a result of Licensee's failure to pay.

(iii) Licensee files a voluntary petition or similar pleading for bankruptcy, insolvency, receivership, or assignment for the benefit of creditors.

(iv) Licensor and Licensee by mutual agreement agree to terminate the Agreement for any reason or no reason at all.

B. Licensee shall at all times have the right to terminate this Agreement and all of Licensor' right granted herein in the event that:

(i) Licensor shall breach any of the covenants, terms, and conditions hereof, provided the Licensee receives notice of existence of such breach and fails to remedy such breach within fifteen (15) days (the "Cure Period") after notice thereof is received.

(ii) Licensor elects to terminate early, and Licensor compensates Licensee for 3 months at the monthly license fee under this Agreement.

8. INSURANCE Licensor shall, at its sole cost and expense, maintain in force, for the joint benefit of Licensee, a broad form comprehensive coverage policy of general liability insurance, including broad form contractual liability, by the terms of which Licensee, its respective partners, agents, sublessors or assigns are named as additional insured and are indemnified against liability for damage or injury to the property or person (including death) of Licensee' tenants, employees, agents, invitees or any other person entering upon or

DIR 2003 3688

using the Facility or any part thereof arising out of or in connection with this Agreement, excluding the willful misconduct of Licensor. Such insurance policies shall maintain the minimum basis at one million ($1,000,000.00) dollars single limit coverage for damage or injury or death in any one accident and an aggregate basis of three million ($3,000,000.00) dollars combined. Such insurance policies shall be stated to be primary and non-contributing with any insurance carried by Licensor, its partners, representatives, agents and mortgagees, trustees and beneficiaries, and shall provide coverage on an "occurrence" basis. Licensor shall deliver to Licensee a certificate of each insurance carrier and as to each insurance policy which shows Licensee, and/or Licensee's partners trustees, beneficiaries, agents, successors or assigns as additional insured to each policy. Said policy or policies shall require notice to Licensee of cancellation thirty (30) days or more prior to the effective date of cancellation.

9. NOTICE All fees and other sums payable by Licensee to Licensor hereunder shall be paid to Licensor at the following address: Bernards Parking Systems, 17277 Ventura Boulevard, Suite 200, Encino, California, Attn: Allan Rice, or such other persons or places as Licensor may hereafter designate in writing. Any notice required or permitted to be given hereunder must be in writing and may be given by personal delivery or by mail, and if given by mail shall be deemed sufficiently given if sent by registered or certified mail address to Licensee at the following address: Element LA LLC, 1642 N Las Palmas, Los Angeles, California 90028, Attn: James Sinclair, Partner. Either party may by written notice to the opther specify a different address for notice purposes. If more than one person or entity constitutes the "Licensee" under this Agreement, service of any notice upon any one of said persons or entities shall be deemed as service upon all of said persons or entities.

10. ASSIGNMENT AND SUBLICENSE Licensee shall have the sole discretion (in respect of the Facility located at 6725 Sunset Boulevard, Los Angeles, California) to request an assignment of this Agreement, subject to the written approval and consent of Licensor. Licensee shall not voluntarily assign or encumber its interest in this Agreement of in the Facility, or sublicense all or any part of the Facility, without first obtaining Licensors prior written consent. Any assignment, encumbrance or sublease without Licensor's prior written consent shall be voidable at Licensor's election.

11. CONFLICT OF LAWS This Agreement shall be governed by and construed in accordance with the laws of the State Of California as they pertain to the performance of contracts therein.

12. MISCELLANEOUS

nm 2003 3688

A This Parking Agreement shall be binding on, and inure to the benefit of, the heirs, successors, administrators, executors and assigns of the parties hereto.

B. If any term or provision of this Agreement is determined to be illegal or unenforceable, the balance of the terms and provisions shall remain in full force and effect.

C. In the event of any proceeding or lawsuit to enforce any of the terms and provisions of this Agreement, the successful party in interest shall be entitled to an award ofreasonable attorneys' fees as well as costs of suit incurred pertaining thereto.

IN WITNESS WEREOF, the parties hereto have entered into this Agreement on the day and year first set forth above.

LICENSOR: LICENSEE:

Bernards Parking Systems 17277 Ventura Blvd, Suite 200 Encino, CA 91316

BY: ITS:

DIR

Element LA, LLC 1642 N Las Palmas Los Angeles, CA 90028

BY: ITS:

2003 3688

Dec 15 05 03:21p

Issued Addres.-t of SuiJdir,Q

Permit No. and Yrl!:af'

Elizabeth Pete.___ Group 32.:i4646272

CITY OF LOS ANGars <!erlffi~ah- of (ltt'rupanqJ

NOTE: Any r:h&ftl• .iif UM or occupHCJ ..,;~&' be 1'1,,,0VN by tile Dti~mn•nt of Buildll'lg :,nd Safdr,

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This Cft'tif'te tNI, so far n .15Cfftained by llf' m:ade lmou.1 to tllt undersu;1oed, 1 ~" htr1ld1n11 oil .u>owe '~"~ cnmplles ll'it~ l~ apc,!I~ ~ull"Mlld!S cf tlle Mumcipal Cooe, as follows: Ch. l, ,1s to Pl!rmitt~i uses; Ch. 9. Art,. 1, 3, 4, lftd 5; a.id with ~p;,l,able- requlof Siata HoasllljJ .kl,-for foll~ill9 oecupa,xies:

1•dti'7• $,,_ ID-A• 60• .a '.'61·• L-.S~lM~• ,,_..._. ~ O.t111JWda11 8-2 Oen,-•q,

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APPENDIX D SECURITY SURVEILLANCE

EQUIPMENT REPORT

' DIR 2 0 0 3 3 .6 8 8

APPENDIX E SUMMARY OF CONTACTS WHO

HAVE EATEN DURING ENTERTAINMENT

nm 2 o o ~3 o -6 8 «~ - ~

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EugeneKarayev phone! 310 phone2 971 clcam company RDl. refer TableNurri>er 20 selea Catff!TllbonNurrtier200512051133811946 narre hh phone\ 213 phone2 222 phone3 3432 company JJroduaions refer 1111 TableNurrber 29 sete CorhmabonNurrtier2DD512081133851055 narre BnanKo phone! 213 phone2 200 phDne3 am CDnllll'IV refer friend TableNl.ffter 10 RI CarhmabonNurrtie.-200512061133889228 nll!M RobbeMlriunln phone! 425 phone2 753 p :::, necam company CU,:itnecam reter EnlcPIUIRn T CorfrmabonNurrtier200512061133902701 n11111 Jeckhl)'ek phone1 310 phone2 497 phone3 cam carrpany refer TableNtmber 21 selectday COrfrmabonNurrtier200512071134003195 nam, Mrlam phone! 619 phone2 454 phone3 2 om campany refer Tablet-Alrrter 4 selectday s COrfrmaoonNurrtier200512091134176954 n11111 Ev1Stefan1c phone! 310 phone2 883 phon oocom company refer TableNurrtier 4 selectda CormnationNurrtier200512111134318492 n11111 AslU305, phanel 212 phone2 299 phone3 contiany rder TableN!n'lber 28 selllctday s CorfrmabonNurrtier200512111134325215 nam, lhfds phone! 713 phone2 345 phone3 685 a_ oocam con,pany pageparks refer Tabler-Alrrtler CorfrmaoonM.lrrtier 200512111134355151 nam, rogerjWlef phone! 562 phone2 397 phone] _ atom CClftllilffJ' refer TableNumber 20 selec CorfrmaoonNurrter200512121134419133 n1m11 rojerpner phone! 582 phone2 397 phone3 hoocorn CDnlllffY refer TableNumber 21 selec Cotff!TllbonNurrter200512131134450973 nam: NathanCortreras phalel 512 phone2 2£11!1 p i,naalcorn corrp_,,. refer TableNumber 4 Rle CorfnnaaonNurrtier2005121311344Bl967 name Jllrf phone! 323 phone2 632 phone] 445 I lll)lfl)' helo refer goDdbyl! TableNurrter 4 selectda CorfrmaoonNurrter200512141134591156 name Robnt.lortgorrery phonel 215 phone2 BOB Qmsnccm CDnllll'IV refer TableN!n'lber 17 selet CotmNlbonNurrtier2005121B1134715711 narre TarynChapel phone! 814 phane2 234 ph cc m company StnEntertainmnet refer Li'ldsaylaha COrfrmaoonNurrtier 200512161134763519 name Vik phanel 918 phone2 813 phone3 5358 refer TableNunt>er 30 seled:day Friday CortrmaoonNurrter2005121611347B8941 name TilfanyArreen phone! SIB phone2 524 pho om CDnlllf'IY 121hHcuertermlmert refer fnend CortrmaoonNurrtier 200512171134644768 name 81a-,caMan:olno phonel BOB phone2 702 1 daedu corrpany refer TableNlffi>er 28 selea CorhmabonNurrter200512171134857D70 name Alepl!Cn.irrenez phone! 402 phone2 415 BQyahoocam CDnlllflV refer TableNumber 17 s CommabonNurrtier2005121911350391B3 narre Jean phone! 806 phone2 789 phone3 25 0 company CmccorM1Jnic:allons reler T1bleNl.ffter CorlnnabonM.irrtier200512191135048474 narre li'ldseyKohon phone! 831 phone2 247 p •com corrpany WamerBnllhers refer TableNumber COrhmabonNurrtier2005122111352192DI narre Cazarez phone! 310 phone:Z 990 phone3 1 ,rpany A1110wcy,Ltd refer aSmllMbrldNetv.ork T CormnabonNurrtier2005122411354B6454 name LWlluong phone! 4tll phone2 644 phone3 learn company l!fer TableM.intier 23 selectday CorhmabonNurrtier2005122B1135B31090 nam, Ta)(orleake phone! 804 phone2 314 pho tmalcam Campany refer TableNuntier 1 selec CorlnnabonNurrter200512271135725273 narre lrenelee phone! 951 phone2 907 phone3 LL. om company refer TableNuntier 4 selectday CorlnnabonNurrtier20051227113574222S name ReidOarrmam phone! 310 phone2 659 ph . ahoocam corrpany refer TableNtm>ef 4 selectday CormnatlonNurrtier2005122B1135753499 name JoseCuerw phone! 323 phone2 764 phone ' carrpany reftr JolYIB TableNurrber 30 selectd Cotff!TllbonNurrter200512311138014107 name KyleSm"'lski phanel 949 phone2 275 pho cam ca,rpany refer TableNumber 4 select CorfrmaoonNurrtier 200512311138062894 narre ltnvar;as phone! 619 phone2 813 phone3 m carrpany refer TableNumber 10 selectday COrlnnabonM.irrtier200601011138159978 narre TarynKi'lney phone! 510 phone2 518 phal 1-- cam corrpany refer Mu:t1ael'Mlmac Tablet-Alrrtier CorhmabonNurrtier200601021138244743 n1m11 JortianKlumper phone! 310 phone2 498 ph ad~lu.net company refer JeffParl<er TableNumbe CorfrmaoonNurrtier2006010311362B9519 name mchelle phone! 912 phone2 897 phone3 3 ltom compalff r?rer TableNl.ffter 20 selectd COrfrmaoonNurrtier200601DB1138595290 n1m11 LaiaEa1M'OOd phone! 951 phone2 508 pho cam company Eade--woodlnc reter Site TableN CorhmabonNurrter200601DB1138596933 name GecirvedeZevalos phonel 615 phone2 912 ast.net CDnllany reftr TableNimber 4 selectda CorhmabonNurrter2006010711366B9920 name LA\.RESAL.AlAR phone! 714 phone2 323 0 acorn corrpany refer TableNwnber 21 selectday COrfrmabonNurrtier200601071138877074 nvre luenl<eyn phone! BOB phone2 641 phon u carrparr,' refer TableNtmber 4 selectday Sa CorhmabonNurrtier20De010711386B9920 name L.AlRESAL.AlAR phone\ 714 phone2 323 ocam corrparr,, refer TableNumber 21 selectday CorhmabonNurrtier200601071138B77074 name lalnnKeyes phone! 909 phone2 641 phon u carrparr,' refer TableNirnber 4 seleclday Sa CarhmabonNurrtier-200601071138684669 nan-e launeS.lazat phonel 714 phone2 323 pho refer TableNurri>er 21 seled:d CartrmaoonNurrter200601111137015101 name enccartlen phonel 949 phone2 302 phone3 c: tom COftl)llff refer TableNwnber 21 selectday Cornmatlon Nuntier 200801131137144510 narre J phonel f phone2 f phane3 r emal I TableNtm;er 19 selectday Tuesday selectdat Carll'mallonNurrtier2006011311371B4827 name Yasmn phone! BOB phone2 730 phone] company refer TableNunt>er 4 setectday Fn CartrmaoonNurrtier2DOBOl131137205596 name Oonndato!TeS phone! 714 phone2 904 ph hoocom corrpany refer TableNumber 4 select CormnallonNuntier2DOB011511373D7370 nll!M MiceJones phone! 714 phane2 978 phone] corrpany jack's refer yoll'mom TableNurrter 9 CotmNlbonNuntier200601161137439315 nll'l'W! Natharue!Bnett phone! 269 phone2 973 nQhormaicom company laPlneMetalPraducts refer CormnlllonNurrber200601171137484401 narre Lisi phone! 816 phone2 274 phone3 4662 Cllfl'IPITY refer TableNunt>er 13 stied.day CorhmabonNuntier-200801171137544658 nll!M JemterHCllaway phone! 661 phone2 301 p lom)Oholmllcam company 'NatsonRealty refer CormnlllonNurrtier200601191137846955 nlff'I! bnanbuccelato phone! 310 phone2 279 ph OQyahoocom company reler TableNl.ffter 21 s CorhmabonNurrtier200601191137B49997 nll'l'W! pllJla)'lor phonel 310 phone2 985 phone3 9180 ~estaylo,Oh~com corrpany refet TableNI.ITlller 2EI

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APPENDIX F CREDIT CARD REPORT SHOWING

NO DRINK MINIMUM REQUIREMENTS

. : Mercwy Payment Systems : .

Merchant: Element 88430013293

Amount Tip

Subtotal for Date 10/1/2005 $204.00 $78.70


Subtotal for Date 10/312005 $91.00 $30.00













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Report Fonnat

@ Normal Web Report O Comma Delimited O Tab Delimited

!!!!I Show Preset Reports

Date between 10/1/2005 ~And 11/1/2005 ~ Amount between 5 And'._1_1 _ _J Operator Shift

Invoice

Approve/Decline Approved --, L..1

Total Count

$282.70 Items in group 44















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View my batch closure totals from the past week.

See all declined transactions for the past week.

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APPENDIX G MONTHLY AND QUATERLY

INFORMATION TO BE PROVIDED TO ZA

DIR 2003 3688

Every month Element, Hollywood intends to provide information to the ZA and other required parties showing not only compliance with the Conditional Usage Permit but also other information for file. Some information however will only be provided quarterly unless otherwise required. On approval from Zoning this will start and be provided on the 10th of every month.

1/ Food Vs Liquor Sales Spreadsheet Each month a Point Of Sale report will be generated showing the sales

comparisons in compliance with my requirements as a TYPE 47 location and also compliance with Condition No. 14

2/ Calendar Of Events I Lineup Every month we will provide to file a monthly log of our entertainment at the

premise or any special events we may hold.

3/ Incident Reports Every month a copy of our incident report book will be sent over for filing, this

includes any activity that requires the removal of a patron, the calling of emergency services or the entrance of an enforcement unit into our location.

4/ Parking Summary Every month we will provide a parking summary from the adjacent parking

lots and our leased lot showing not only continued compliance but the high availability of public parking available.

5/ Condition Compliance Every month we will provide a summary of all conditions and our ongoing

compliance.

6/ Vice meeting reports Every quarter we will provide summaries of our ongoing meetings with LAPD

Vice.

DIR 2003

DOCUMENT 1 RAP SHEET OF PREVIOUS LOCATION "CLUB BLUE"

DIR 2003 3688

.,~ -~·

. r-/-\~t:. I I

Comments. from Other Departments or the. General Publi~

LOS ANGELES POLICE DEPARTMENT ·ARREST REPORTS.ANO. INVESTIGATIONS

(Period between Ja~uary 200.0 - February 2003)

~

1/08/00

1/08/00

Arrest for possession of controlled substance· ecstasy and marijuana: 11378 HS. On-site arrest of a person, made by Bfue Room security staff, for sale of marijuana.

Arrest for possession-of controlled substance; 11379 HS. On site arrest tor possession of marijuana by LAPD undercover officera.

DIR 200 3 3688

CASE NO. DIR 2003-3688(RV) PAGE12

1/08100 Arrest for sales of controlled substance ecstasy; 11378 HS. On-site arrests by undercover officers of a person for selling "Xn (ecstasy) inside of the nightclub.

6/16/00 Arrest for possession of controlled substance ecstasy; 11379 HS. On-site arrests by undercover officers of a person for semng "X" ( ecstasy) inside of the nightclub.

6/17/00 Arrest for sales of controlled substance ecstasy; 11379 HS. On-site arrests by undercover officers of a person for selling "X" (ecstasy) inside of the nightclub.

·5117/00 Arrest for sales of controlled substance ecstasy; 11378 HS. On-site arrests by undercover officers of a person for selling "Xu (ecst~sy} inside of the nightclub .

. '12109/00 Arrest for possession for sale of ecstasy; 11379 HS. On .. site arrests by undercover officers of a person for selling "X" ( ecstasy) inside of the nightclub.

:W1,

:-·4/07/01

4/13/01

6/01101

9/01/01

8/03/01

8/03/01

8/05/01

'9/01/01

Preliminary inyestlg~tiori pf plain theft-petty. (On-site) -

Arrest for assault with a deadly weapon; 245 (A)(1) PC (Qn .. site). Incident relating to security-personnel removing an Intoxicated and belligerent patron.

Preliminary Investigation of vandalism (Qn .. slte ). Unknown suspect vandalized security guard, of Blue Room, vehicle.

Preliminary investigation of battery; (Off-site, but r~lated to Incident at nightciub ),

Preliminary investigation of battery; (Off-site, but related to incident at nightclub). Security guard had to forcibly remove a problem patron.

Notice to appear for operating as a security guard at a business without a California stat& license: 75.44.6(A}B&P (On-site)~ Security at the location did not have ln their possession valid California security guard cards.

Notice to appear for operating as a security gµard at a business without a California state license; 75.44.S(A)B&P {On-sita). Security attha location did not have In their possession vatid California security guard cards.

Operating as a security guard at a business without a California state license; 75:44.G(A)B&P (On·site). Security at the location did not have in their possession valid California security guard oards.

Preliminary investigation of battery; (On-site). Victim was inside "Club Blue'\ While victim was inside he was battered by two different security .guards. Victim was pushed outside the club and handcuffed against his own free will.

10/11/01 Follow up investigation of 9l01i01 battery incident.

' DIR 2 0 0 3 3 6 8 8

·-1


10/11/01 Second, follow up investigation of 9/01/01 battery incident. ..

11 /04101 Notice to appear for possession of less than one ounce of marijuana; 11357 {b) H&S. (On~site)

11109i01 Preliminary investigation of theft cell phone. (On-s~te)

~· . .

2/03/02 Preliminary investigation of theft wallet (On-site). Unknown suspects took wallet out of victims purset undetected at nightclub when victim was distracted.

3/24/02 Preliminary investigation of lost property,. cen phone (on .. slte) •.

4/13/02 Notice to appear for.violation of Condition. No~ 41: busjne.§s o·pen. ofter 12 midnight. Patrons and operating observed at 1 :30 a.m.

5/04/02 · Notice to appear for violation of Col)ditlon. No. 41; pysjne§.S Qpen atmr 12 m{dnigbt. Open bar service at 12;45 a.m.

. ··. 5/27/02 . . Preliminary Investigation -of vandalism .. Unknown suspects kicked viciims

vehlcl~ for. no apparent reason and fled. parking lot (Off-site) ..

,,I •

Notice to appear for violation of Condition. ··No. 41: business gpen. after 12 ~~ .

6/15/02

6/23/02 Preliminary investigation of assault with a caustic chemical .(pepper spray) • . (On-site) A. suspect, no longer allowed In the nightclub, peppered sprayed victim. Overspary hit three other nightclub patrons .

. 7 /14/02 Notice .to appear for violation of Condition No .. 41; business o'Q§n after 12 midnigbt . . . .

8/24/02 Notice to appear for violation of Condition No. 8. sates. and servif:e an_!:1 ~nsurt1ption Qf alcohol after 12 misJnight. No. 9. nQ food service set for 20j) patrons during business hours~ and No •. 20 no full menu avaHab{e.

2003

1/09/03. Preliminary Investigation of burglary from rnotorvehicle. (Off-slta)

1/24/03 Preliminary investigation of assault with a deadly weapon (Off-site parking lot) .. Club promoter {victJm) was standing next to witnesses vehicle when suspect vehicle entered parking lot ~nd pulled up. next to him, victim then observed suspect pointing a possible shotgun at hJm.

1/24/03 Preliminary. investigation of vandalism {Off-site). Victim was loading r~rds into the back of his vehicle when unknown suspect walked up and s.aid, "Hey peckeiwoodn, victim ran around the side of his vehicle and then heard suspect

damaging vehicle. DIR 2

Q Q 3 3 BBB

CASE NO. DIR 2003-3688(RV)

2/1/03

2/1/03

2/23/03

Officers declaration 011 February 1, 2003. an ABC investigation was conducted at Club Blue. During investigation a minor was served an alcoholic beverage and the Club was operating after 12 midnight in violation of Condition No. 41.

Notice to appear for serving alcohol to person under 21 years old. (On-site)

Incident report serving alcohol to minor, then dragged to alley in intoxicated state and abandoned. A Boarder's employee assisted the minor and called paramedics for assistance.

Calls for Service

.Period between March 18, 2001 - Marc~ 16, 2003, total 12.

CONDITION. COMPLIANCE.AND-THE NEXUS. BETWEEN.THE CONDITIONS AND THE NUISANCE .

The conditions and requirements.of Case No. z.A98-0399(CUBXPA1), were amended by the action of the Central Area Planning Commission on February 12. 2002. After each condition are the comments of the zoning analyst, ·followed by comments by the Zoning Administrator and, where applicable, ·comments by the ·applicant. These conditions are applicable to both the extant condition·al use permit and the nuisance abatement action and are imposed to preclude future problems and to protect the neighborhood and are Intended to abate the existing nuisance proble~ and offer a prescription which wm·assist ~ in the operation of the restaurant/nightclub in a satisfactory manner. ~.,

1 . [Unchanged] All other use, height and area regulations of the Municipal Code and all other applicable govemment/regulatory agencies shall be strictly complied within the development and use of the property, except as· such regulations are herein specifically varied or required. · ·

Zoning. Analyst Comment:· ·Blue has been cited for possible violation of the -conditions of their ABC license, and various conditions of this grant by the L.os ftngeles Department of Building and Safety (L_ADBS}; and by the Lps Angeles Police Department. · ·

. . . Zoning Administrator Comment: This is a standard condition which notifies the oparatorthat continued compliance with any other applicable regulation is required.

· 2. [Unchanged] The use and developmel')t of the property shall be in substantial conformance wlth the plot plan submitted with the application and marked Exhibit" A", except as may be revised as a result of this action. . . Zoning Analyst Comment: · The plot plan Is accurate. · However, the floor plan, indicat~s a seating capacity for 200. During an LADBS and LAPD inspection of the site on Saturday, August 30. 2003, there was seating for approximately 50 patrons.

Zoning Administrator Comment: The present application· plot plan differs from the approved Exhibit A and double counts the dance .area of tlie premises shown also

· as dining area. As no modifications of the Exhibit A are authorized herein. the Exhibit A contained in Case No. 7.A 98-0399, still apply. ·

DIR 2003 3688

"

~ I•

DOCUMENT 2 ARCHITECTURAL FLOOR PLAN

OFFERED TO ZA SHOWING NEW SEATING ARRANGEMENT

, DIR 200 3 3688

LOBBY 307

KITOiEN 397

OJ 3'

BAR 339

LOUNOE FLOOR 2900 LOUNGE

FLOORCIRc. 132

.. --------------------------- .. ' ' ' ' ' ' : DN'4CE I : FLOOR I

l _____________ : ____________ J

AIJDIO

91 ..

STORAGE 78

LOUNGE FLOORCIRC.

156

r---------------------------, I I I I I I I I I I I I I I I I I I I I I I I I

I ---------------------------j

BAR 167

,-----------------, ' ' ' ' ' ' ' ' ' ' ' ' ! DANCE ! ! FL~ I

'--------------- ! LOONGE FLOOR

S82

LOBBY··--·········------------------------------· 307 LOUNCEROOR ----------------------------------- 3,882

4,172 \"ATH CIRCULATK>N ON-ICE Fl.OOR-----············--------------------- 757 CO"TCHECK ---------------------------------------· 64 BATHROONS --------------------------------------- 475 KITCHEN -----------------------------------------· 397 BARS·-------------------------------------------- 506 AUOIDMSUAL CONTROL ROON (OJ BOOTHS) ----------------- 220 STORAGE (INCLUDING DRESSING ROOM ANO GARBAGE ROOM)----· 1119 TOTAL 1,117 RET sOOAREfEET

AREA CALCULATION 0 --------<2

a. a.

11&"·1·,(J"

r---------------. I m?, I

·V j

~---------------~ ~v : •cQou ,.cQo• w?-

FLOORPLAN 0 ------, 311r-1·-o-

ELE'-IENT PAJAGroup

00 CX)

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FLOOR PLAN

- A2.0

DOCUMENT 3 IMAGES FROM WEBSITE CLEARLY SHOWING TABLES AND CHAIRS

I nm 2 o o 3 3 s s s

So-Cal Fab Shop 26502 Ruether Ave. #107 canyon Country, CA 91350

Invoice . ·-- -~·. ···--· _ .. , ........... -· -·-··-··-. I DATE I INVOICE# I. . . i . . ... -·----·--'

\ ~12312005 1 2,aa -· !

BILLTO - ----- ·-·- -· 1·- -·· -·--· ··- ..... $0HIP 0 TO· .. ·-·-.. --, ---~ .. ... ·-·"· ... ... ..

ELEMENT HOLLYWOOD MIKE 323-384·9791 1642N lAS PALM.AS AVE BRIAN 818-679-2055 HOLL YWOOO CA 90028 323-46(}.4632

I

I_ • -··-"· ·-· ·-· ·- -· -···- - ...... ,....1 - • ·-· ·- ,_,. ____ ,,_ -- .,_

l ITEM

! TABLES

! DESCRIPTION i " --- -- . . 'STAINLESS STEEL TABLES QTY 33 CUSTOM STAINLESS HANDRAIL

TIME & MAlE~IALS i ' DEPOSIT$ 9,800.00

.l DLi DATE " )"' -. P.O. NUMBER

10/23/2005 l . -. ·-·-.. - ·---~=1 QTY

Subtotal

8.255% Tax

Total

RATE i AMOUNT ·-· -i--· ·-,6Aso'.i.io i

I I

-9.800.00

I l

··-·-· __ L___ . i 6,650.001

6,650.00 i !

nm 2003

.. ----- ... -- ... © SHELCON

• INC. • "' ............ ... shelconconveyors.com

SOLO TO: ELEMENT 1642 LAS PALMAS HOLLYWOOD. CA

2081 S. HELLMAN AVE. #J ONTARIO, CA. 91761-8024

TEL. (909) 947-4877 FAX (909) 947-1083

e-mall: [email protected]

SHIP TO:

90028 SAME

ATTN: JAMES SINCLAIR I PAJA GROUP

INVOICE #867701

1Nvo1cEDATE DATESHIPPEb 1·iNvoicENcC·ri=REIGHf · · ··· ...... · .

1

TERMS:NETCASH llsHIPPEDVIA:

09/12/05 09/09/05 867701 ,· NET 15 DAYS DELIVER

YOUR ORDER NO. JOB J ... E IJOB NO. 111"EM NO.

-~~~ANTITY - ····--.. -__.] ELEMENT -- ... ·-··· -·_ .. DESCRIPTION ...... - . -·--···· ... ·- ··-1· .. . ... · 1 UNIT l'AICE . TOTAL

1 EA.

1 EA.

CUSTOM L.H. DISH TABLE 30" X 24"

CUSTOM R.H. DISH TABLE 30" X 24"

JAMES/ AJ

(310) 271- 4968

SUBTOTAL

LABOR

TOTAL AMOUNT DUE

I

i

$525.00

$525.00

$1050.00

$650.00

$1,700.00

i 1. TEM8 AND COflOITl()NfJ,: THF GOODS AND SERVICES COVERED BY THIS INVOICE ARE BEINO SOW ON\. V IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SB.LER. THEREOF WHICH TEFIM6 ANO CONDTTIONS M.t.Vf Rf;'.l;N ASl:E:NTEO TO BY BUYER UNLESS BUYER HAS NOTIFIED SELLER IN WRITING WITHIN TEN DAYS AFTER RECEIPT OF SELI.ER'S IICl<NOWLEOGEMENT. PAYMENTS SHAU. aecoME DUE AS SHIPMENTS ARE MAP!. ALL ORl;lERS ARE ACCSPTEP SUBJECT TO CREDIT APPROVAL, AND IF IN THE; .,IUOGMl;NT OF THE COMPANY TH!." FINANCIAL CONDITION Of' THE PURCHASER AT N-IY TIMI!! lJOl:8 NOT JlJSllFY CONTINUANCE OF PRODUCTION OA SHIPMENT ON THE TERMS OF PAYMENT SPECIFIED. THE COMPANY MAY REQUIRE Fl)LL OR PARTIAL PAYMENT IN ADVANCE. IF SHIPMENTS ARE DE\.AYED BY PURCHASER, PAYMEI\ITS SHALL BECOME CUE FROM DATE WHEN COMPANY IS Pl'IEPARED TO MAKE SHIPMENT$. ALL ACCOUNTS NOT PAID WITHIN~ DA VS Will 11£ SUBJCCT TO SERVICE: CHARGE Of' 1-112 % PER MONTH ON TtlE UNPAID DELINQUCNT BALANCE: UN~ESS E;)ITENDED BY WRITTEN AUTHORIZATION.

ALLPARTSORDERSSUBJECTTO MINIMUM 25°/o RESTOCKING CHARGE

DIR 2003 3688

DOCUMENT 4 DANCING AND CAFE/ENTERTAIN

PERMIT

I nm 2 o o 3 s 6 s s

CITY OF LOS ANGELES TAX REGISTRATION CERTIFICATE THIS CERTIFICAlE IS GOOD UHTIL SUSPENDED OR CANCEU.ED

BUSINESS TAX ISSUI.D: 09/20/2005 ACCOUNT NCI, FIJNO/CIJl&t. GTAHTED

0002067312-0001 ·4 L167 DESCRIPTION

Retail Sales 09/22/2005 $TATUS

Aclive

! THE PAJA GROUP, LLC s u ~ 6

1642 N LAS PALMAS AVENUE LOS ANGELES, CA 90028-6112

1642 N LAS PALMAS AVENUE LOS ANGELES, CA 90028--6112 IIISUEO B'I';

~p..~ DIRECTOR OF l'INANCE

NOTIFV THI! OFFICE OF ANANC!a 1111 WftlTING OF ANY CHAN~E IN OWN!RBHIP OR ADDRESS P ,0, IKJX IIM:oo. LOB AliltlELEB CA &OOll3-o:!OO FORM 2000 (nY, l!/01) IMPORTANT· ReACI AEll!RSE SIDE

--·----·--··"·~·-·····~---------·---- ,-----~---·-THIS CERTIFICATE UU8T BE POSl'ED AT PLACE OP BUSINl:S8

CITY OF LOS ANGELES TAX REGISTRATION CERTIFICATE THIS CERTIFICATE IS GOOD UlfflLSUSPENDED OR CANCELLEO

BUSINESS TAX ISSUl;J): 09/21/2005 ACCOU!ff IIO, FUNDJCLABS

0002067312·0001"4 L147

! THE PAJA GROUP, LLC

fi 1642 N LAS PALMA$ AVENUE 8 LOS ANGELES. CA 90028-6112

T 1642 N I.AS PALMAS AVl'.:NUE o LOS ANGELES, CA 90028-6112

Theater DHCRIPTION STARTED

09/22/2005

ll!:SUEDENl

Bl'ATUS

Active

DIRECTOR OI" FINANCE

NOTIFY THE OFFIQI, 01' l'INANCl!. lfl WRmNQ OF ANY CHANG!; IN OWNERSKIPOR ADPl'll!.BS P,O, IIDX lla:too, LOI AN0,1;LE8 CA 10~3-0200 FOllla 2000 (rall. -.,01) IMPORTANT· READ R!!VERSE SIDE

---·---··--- _______ ., ___ .. , ..... THIS CERTl'ICATE MIJ$l t'IE PC:,~TED AT PLACE OF BI.ISINE66

CITY OF LOS ANGELES TAX REGISTRATION CERTIFICATE lHIS CERTIFICATE IS GOOD UN11L SUSPENDEO OR CANCELlfD

ACCOUNT NO. PUND/CI.ASS

0002067312-0001 ·4 L003

I THE PAJA GROUP, LLC s s u B ;,;

1642 N LAS PALMAS AVENUE LOS ANGELES. CA 90028-6112

1642 N LAS PALMAS AVENUE LOS ANGELES, CA 90028-6112

BUSINESS YAX ISSUED! 09/20/2005 D'llSCRIF110N

Dance Hall lliT,.RTl!!O

09/~2/2005

ISSUED BY:

ST"TUS Active

~$)..~ DIREC1l>R Or FINANCE

NOTIFVTMEOFFICEOFFJNMCj;.(HWR,,li'iifflC~-~~~.!~rP,O. -~II.;~ u;lll;~~~ CA to0,:1-1i200 . '' '"(' ,. " ,. ,~.a ,. ,. ,. ,

DOCUMENT 5 LAFD CAPACITY NOTICE

I DIR 2 0 0 3 3 6 8 8

~-ft, lt,lft,lt,lft,ft,ft,ft,ft,fAft,ft,ft,ft,ft,ft,ft,fhfAft,ft,fAft,fhft,ft,ft,lft,ft, ft, ~

! OCCUPANT LOAD ! J 8 .. wa/Nt,".a.catub t J A,s•-'-'i C.C"D l ~ 1..1,0-9' J Di~'" J -.~ t ~ ~

~ ~ THIS ASSEMBLY ROOM OR AREA IS APPROVED FOR THE INDICATED USE(S) AND THE MAXIMUM ~ 0 . ~ NUMBER OF OCCUPANTS SHALL NOT EXCEED THAT SHOWN. L.A.M.C. SECTION 57.33.04 · ~

~ ALLOWING THIS ASSEMBLY ROOM OR AREA TO OVERCROWD MAY CAUSE THE REVOCATION ~ 0 ~ OR SUSPENSION OF OWNER'S FIRE PERMIT. L.A.M.C. 57.33.05 ~

c,., : ADDRESS ICt&f i. N_. f.cas e.,.,., t ~ ASSEMBLY ROOM t:.' .L ~ -._A 0.-~ ~ DESIGNATION (: e ll&a T DATE APPROVED -. • ~. ~ ~ = LOS ANGELES CITY FIRE D~G~~~de- = ~ POST IN A CONSPICUOUS PLACE NEAR THE MAIN EXIT ~ ~ ~

~'''''''''''''''''''''''''''"Rl.111!-'I~ . . - ---- -·-·· .. - - - -- - . ------------- -----~-----.. .. . - . . . . -

- -----------·- - - -·-----·- --------- -·- ----· -·--- - - --- -· - -· ·- - -

DOCUMENT 6 AJF CONSTRUCTION LICENSE

License Detail Page I of2

California Home

-- -r • - r • •

License Detail CALIFORNIA CONTRACTORS STATE LICEN:

Contractor License # 787537

DISCLAIMER A license status check provides information taken from the CSLB license data base. Before on this information, you should be aware of the following limitations:

• CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is subject tc complaint disclosure, a link for complaint disclosure will appear below. Click on the lin button to obtain complaint and/or legal action information .

• Per B&P 7071.17, only construction related civil judgments reported to the CSLB are disclosed.

• Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration.

• Due to workload, there may be relevant information that has not yet been entered ont Board's license data base.

Extract Date: 01/21/2006

* * * Business Information * * *

A J F CONSTRUCTION PO BOX57724

SHERMAN OAKS, CA 91413 Business Phone Number: (760) 329-9925

Entity: Sole Ownership Issue Date: 11/16/2000 Expire Date: 11/30/2006

* * * License Status * * *

This license is current and active. All information below should be reviewed.

* * * Classifications * * *

!Class!! Description I Is !!GENERAL BUILDING CONTRACTOR!

* 1'.' * Bonding Information * * *

CONTRACTOR'S BOND: This license filed Contractor's Bond number 6042744 in the arr $10,000 with the bonding company

License Detail

SURETY COMPANY OF THE PACIFIC. Effective Date: 01/01/2004

Contractor's Bonding History

***Workers Compensation Information***

This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND

Page 2 of2

Policy Number: 1769514 Effective Date: 03/30/2004 Expire Date: 03/01/2006

Workers ComP-ensation History

Personnel listed on this license (current or disassociated) are listed on other licer

Personnel List Other Licenses

License Number Request Contractor Name Request Personnel Name Request

Salesperson Request Salesperson Name Request

© 2005 State of California. Conditions of Use Privacy Policy

DIR 2003 3688

DOCUMENT 7 PUBLICATION PHOTOS SHOWING

FURNITURE

nm 2003 3688

RETURN IN FIVE DAYS TO

OFFICE OF

CITY CLERK 1 . 395, 200 N. SPRING STREET

LOS ANGE~, CA 900 1 2

" AN EQUAL EMPLOYMENT OPPORTUNITY -AfFIRMATIVE ACTION EMPLOYER"

"'--·------ ..

/ I, I, I II I " I/,, II II I/,, I, /,, I I II I I, J, I , ,. I, I, I I, ,. ,, I, I, /,, I If

-

DOCUMENT 8 PRESS CLIPPINGS CLEARLY

DISCUSSING ELEMENT FOOD

Rewards Network - Dining S L Details Page 1 of 1

Dining Details

Questions? Call (877) 491-3463 toll-free! Element Cuisine Served: Ameri can 1642 N Las Palmas

us Earning Cashback Rewards

Los Angeles , CA 90028 (323) 460-4632

Restaurant Information: • Ea rning Cashhad. Rewards • Restaurant Details • Restaunmt Website • Email a Friend • M@s & Directions

Want to earn Cashback Rewards SM savings at thousands of participating merchants? Join now and get a one-year membership - a $49 value! - without any upfront membership fee . Lem11 More » Or, earn frequent fl yer miles in the program of your choice - with no fee to join. Lem11 More »

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Restaurant Details

Average Total Bill : $ Q

•• The next time you're ready to step out, take the plunge at this exciting nightclub where you can revel in a synergy of sight, sound and savory American cuisine. Element's fashionable interiors, sultry lighting and sizzling sound system will undoubtedly inspire you to give in to its magnetism and multi sensational allure; where brilliant culinary compositions will tantalize your taste buds along with your favorite liquid refreshments from a full bar, serving the finest in today's most popular spirits and specialty cocktails. Party with fri ends or come to see and be seen at L.A.'s Element, where you never know who might drop by. Element is a hip, hot spot where music and rhythm commands you to dance the night away with a captivating clientele, who've come out for munchies and mischief. Revitalize your mind, body and taste buds at Element where the live ly crowd, a bountiful bar, fantastic food, stylish ambiance and sensational sound system are the critical Element(s) to exciting soirees.

Cards Accepted :

Rewards Network Guidelines for This Restaurant: Unlimited visits, Benefit awarded up to the maximum spending of $600 per month , see above for reward availability.

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Maps & Directions

~ ""'PeV,'S'T , : OE===:r,2~ir: Need Driving Directions?

_..;H~o:::,:ll)'V>'~ O~o~d;!.!:B~lv~d:._ ______________________ Back to Search Results Back to Top

Hawthorn Ave

Sel ma Ave

0 2004 MapQUe$t.Com, Inc.; -~ 2004 NAVTEQ

DIR 2 03 3688

Match 10, 2005

Mr. J ame.s Sinclair The Paja Group 9461 Charleville Blvd., Suite 359 Beverly Hills, CA. 90212

Dear James,

A thou.sand times, TBA.t.'\iK YOU, for hosting such a successful event at ELEMENT last

night. Not only did we host the be~·evar wrap party fo:r Newlyweds and the Ashlee Simpson

Sb.ow, but we may have just throw11 the. coolest party in. M.TV history. Bold stat:emont, I

kn.ow, but then again we were at the best venue Los .Angeles has to offer.

Undoubtedly this is the beginning of something magical and 1 am confident you will have

tremendous prosperity with ELEMENT. The food was amazing, the security ... top notch, the 'IAlllqz ·11 HS lllMIII

Di never had a bare squru-e on the dance floor . It meant much to all of us to have such a

smooth event. Needless to say the bar was abused by our crowd.

I will be calling on you and your supreme staff to help us again in the future, 1'"rom all of us

at MTV, thank you!!

-2003 3688

Good cmirtotte's JOEL (left) ad BENJI MAOO£N came to liUJllltrt JoersPDA-~

girlfriend, Hilary Duff, w!IO ~ one paint, says a partyqoer, "affedionately l'ldmed·-hbirann-/'

aad itand.,,

\''],/3 G) (' Holl~d hot spot Element ':i t.~ :Tt.'ri7,P Tuna tat-tare, chicken satay,

Margarita .King and Grey Goose cockta ·

kiss from beau Cash Warren as she arrived , at the VIP bunquctte; Shar Jatks@ t making her fost public appearance since ; Britney Spem announced. her pregnancn, by -~ : \ , . .. i Jacl-son's ex Kevin F,ulerffne; Paris Hilto.11 saying '!'\ ,,,_. , · j. ' ~<P."''""'" .#' ; "EwwrloudlyasshewalkedbytheDaff -~ r sist:crs (they responded by laughing) f ~ (tr{i;{;i" ~}~· s.·:[;ie /\:~rt:.rr.~ t Ji;;t;_;~ :S,:-); De!perate ~ Houweri'Oes' Cate Adair (Best TV Costumer), i: Oscar Blanlli (Best &'tar Hairstylist), MODkJue : Umiffier (Best Clothing Designer), Sin City's

: ;. ffma Proctor (Be.i: Movie Costumer), Mallv . ): ~al (Best Star Makeup Artist)

i' ....

DOCUMENT 9 E-MAIL TO LAPD ABC

ENFORCEMENT REGARDING KITCHEN UPGRADES & TYPE 47

REQUIREMENTS

3 3688

James Sinclair

From: Sent: To: Cc: Subject:

Mick.

James Sinclair [james@thepajagroup .com] Friday, August 26, 2005 10:46 AM MICHAEL ROSE [email protected] Re: Michael Rose I Update

Thanks for the info, this is what we wil l be doing as our existing kitchen equipment is outdated and we are getting ready to upgrade. I will keep you fully updated and thanks for getting me this info.

The street beat is amazing and just their presence alone is keeping the small groups that congrgate on the corner from causing any trouble.

Speak with you shortly.

James

On Fri, 26 Aug 200 5 10:34 am, MICHAEL ROSE wrote: > James I received the info from ABC and they say that having your > neighbor cater the food for your restaurant while you are doing > renovations is ok. Your 47 license requires food service be available > and that will be fulfilled. > > Mick > >>>> " James Sinclair " < [email protected]> 08/25/05 10:38 PM>>> > Michael, > > Hope you are well, this is James from Element, just wanted to keep you > updated.We are opening up a Mexican Restaurant@ 654 1 Hollywood Blvd. > We > start renovations September 1st and hope to be open by mid October. > > I also wanted to discuss the "catering aspect" as part of my Type 47 > in Element. Should my kitchen be closed on any given night due to > upgrades or faulty equipment can I utilize my neighbors diverse > offerings on my menu?? > > Any status on the recent surge of beat cops. You cannot go l OOft > without running into one - is something happening or is this just a > new gameplan for control? > > Saw your politically correct quote in LA Business Journal!!! > > Thanks > > James ---Sent via sidekick messenger

1 TR 3 368

DOCUMENT 10 DISCUSSION FORUM POST ON

ELEMENT NOT USING PROMOTERS

om o ,3 36Bs

Anonymous Messaging

ANONYMOUS MESSAGING Go to Top I New Topic I Go to Topic I Search

Subject: RE: Element

Author: MBA Date: 10/9/2005 0:46 am PDT

Page I of 2

The club just opened up and its not being thrown by promoters . Its done in house and had over 900 people in the door last Tuesday, tons of celebs , lots of hot girls, and the ussual Bolthouse crowd .

I invite anyone on the board to buy Concorde and keep the doors open on a tuesday night WITHOUT THE HELP of promoters . Your night wont be 1/4 as good as Elements.

Roosevelt isn't a club ... it's a bar. The two are different.

Reply To This Message Previous Message I Next Message

Topics

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Carter

MBA

Subject: RE: Element

DIR 2

Date 10/5/2005 2:26 am PDT

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03 3688

DOCUMENT 11 ARCHITECTURAL PARKING PLAN

SUBMITTED TO ZA

ii 2 03 3688

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DOCUMENT 12 PRESS REPORTS OF OUR MIDNIGHT CLOSURE ON

NOVEMBER 22nd 2005

PerezHilton.com --Hollywood's Most-Hated Web Site Page2 of 5

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All the pretty peeps were at Element, including the Duffster and the Madden boys, stavros and Paris and Paris. Hmm .. . wonder if that was awkward at all? Oh yeah, and did we mention that Nick carter was there too? Yeah, not awkward c1t c1IJI

Also there? Lindsay, who walked the red carpet but didn't go Inside the party, a source tells PerezHllton.com. Hmmm. Wonder whomever In the wor1d she could have been trying to avoid?

Who did make it in?, Kimberlan, J.C. Chasez, Kristin Cavallerl & Jody Brenner, Clara, and our good pal Miss Diane Warren.

The party was scheduled to end at midnight, but llke any good Cinderella story, that's only when the madness began!

Ttle Teen People party ended at midnight on the

DOCUMENT 13 TEEN PEOPLE CONTRACT

'AA GROUP

Customer: Teen People / AMA Contract No: PH677 Mailing Address: Event Date: Nov 22nd 2005

Event Name: n/a

Billing Name: Carolyn Chauncey Element, Hollywood Billing Address: James

Daytime Phone: Refer: Evening Phone: Fax Number: E-Mail: n/a On Site Contact:

Da Date Start End Time Location Est. Guests Nov 22nd 2005 9 m - 12am Whole House 500 actual

FOOD QTY PRICE TOTAL


Tray Passed ONLY ( 4 Items) Service for a two-hour duration 500 -

BEVERAGE QTY PRICE TOTAL

9pm I Main Room I 500 -Hosted Premium beverage package (Service for 3hrs)

SET-UP & SERVICE QTY PRICE TOTAL


PAYMENT SCHEDULE Payments can be made by company check or credit card . An additional 3% processing fee is added to all credit card transactions. A 50% non-refundable deposit and signed contract are required to confirm event date. Remaining balance is due before door time on event date. Doors will remain closed until final payment is received. Additional charges, incurred on or before the event date, are invoiced to the client Payment is due within 14 days of event conclusion. If payment is not received within 14 days of event conclusion there will be a 10% late charge added. The PaJa Group reserves the riqht to charqe client, or comoanv(s)


TEL: 310 27 : 31 °ti 188

3 3688

PROPERTY ADDRESSES 1642 N LAS PALMAS AVE 1640 S LAS PALMAS AVE

ZIP CODES 90028

RECENT ACTIVITY Hollywood Signage SUD Adaptive Reuse Incentive Spec. Pin-Ord 175038

CASE NUMBERS CPC-2003-2115-CRA CPC-2002-4173-SUD CPC-1999-324-ICO CPC-1999-2293-ICO CPC-1986-835 ORD-176172 ORD-173562 ORD-165657 ZA-2003-2409-CUB-CUX ZA-1998-399-CU B-ZV-PA 1-PA-A A1 ZA-1988-925-CUB ZA-1983-421 ENV-2003-2410-ND ENV-2003-1377-MND ENV-1998-187-CUB-CUX-ZV-MN ND ND-87-417-ZV PRIOR-07 /29/1962

City of Los Angeles Department of City Planning

02/01/2006 PARCEL PROFILE REPORT

Address/Legal Information PIN Number: Area (Calculated): Thomas Brothers Grid: Assessor Parcel Number: Tract: Map Reference: Block: Lot: Arb (Lot Cut Reference): Map Sheet:

Jurisdictional Information Community Plan Area : Area Planning Commission: Neighborhood Council : Council District: Census Tract#: LADBS District Office: Building Permit Info:

Planning and Zoning Information Special Notes: Zoning: Zoning Information (ZI):

General Plan Land Use: Specific Plan Area: Historic Preservation Overlay Zone: Historical Cultural Monument: Mills Act Contract Number: POD - Pedestrian Oriented Districts: COO - Community Design Overlay: Streetscape: Sign District:

Adaptive Reuse Incentive Area :

35% Density Bonus: CRA - Community Redevelopment Agency: Central City Parking: Downtown Parking: Building Line: 500 Ft School Zone:

Additional Information Airport Hazard: Coastal Zone: Farmland: Very High Fire Hazard Severity Zone: Fire District No. 1: Fire District No. 2: Flood Zone: Hazardous Waste I Border Zone Properties:

148-5A185 170 3,999.9 (sq ft) PAGE 593 - GRID E4 5547014018 EULALIE TRACT NO 2 MB 3-84 None 2 3 148-5A185

Hollywood Central Central Hollywood CD 13 - Eric Garcetti 1907.00 Los Angeles Metro View

None C4-2D-SN Zl -2277 Hollywood Redevelopment Project Zl-1352 Hollywood Redevelopment Project Zl-2331 Hollywood Signage Supplemental Use District (CRA Area) Zl-1812 Regional Center Commercial None None None None None None No Hollywood Signage Supplemental Use District (CRA Area) Adaptive Reuse Incentive Areas Specific Plan Eligible Hollywood Redevelopment Project No No None Yes: Selma Elementary School

None None Area not Mapped No Yes Yes None No

Methane Hazard Site: High Wind Velocity Areas: Hillside Grading: Oil Wells: Alquist-Priolo Fault Zone: Distance to Nearest Fault: Landslide: Liquefaction :

Economic Development Areas Business Improvement District: Federal Empowerment Zone: Renewal Community: Revitalization Zone: State Enterprise Zone: Targeted Neighborhood Initiative:

Assessor Information Assessor Parcel Number: L.A. County Ownership Info:

City Clerk Ownership Info:

Parcel Area (Approximate): Use Code: Building Class: Assessed Land Val. : Assessed Improvement Val. : Year Built: Last Owner Change: Last Sale Amount: Number of Units: Number of Bedrooms: Number of Bathrooms: Building Square Footage: Tax Rate Area: Deed Reference No.:

None No No None No 0.61523 (km) No No

Hollywood Entertainment None No Central City None None

5547014018 GRECO.PAOLO AND FLORA AND GRECO.MICHAEL 4824 LOS FELIZ BLVD LOS ANGELES CA 90027 GRECO, PAOLO & FLORA (TRS) GRECO FAMILY TRUST DTD 9-21-93 4824 LOS FELIZ BL LOS ANGELES CA 90027 8,058.6 (sq ft) 6100 - Movie Theater (Indoor) ex $203, 117 $243,744 1927 03/09/04 $0 0 0 0 7,850.0 (sq ft) 200 2266483

CASE SUMMARIES Note: Information for Case Summaries is Retrieved from the Planning Department's Plan Case Tracking System (PCTS) Database.

Case Number: CPC-2003-2115-CRA Required Action(s): CRA-COMMUNITY REDEVELOPMENT AGENCY Project Description(s): First Amendment to the Hollywood Redevelopment Plan

Case Number: CPC-2002-4173-SUD Required Action(s): SUD-SUPPLEMENTAL USE DISTRICT ("K" DIST., "O" DISTRICT, ETC.) Project Description(s): Data Not Available

Case Number: CPC-1999-324-ICO Required Action(s): !CO-INTERIM CONTROL ORDINANCE Project Description(s): Data Not Available

Case Number: CPC-1999-2293-ICO Required Action(s): !CO-INTERIM CONTROL ORDINANCE Project Description(s): INTERIM CONTROL ORDINANCE.

Case Number: CPC-1986-835 Required Action(s): Data Not Available Project Description(s): PLAN AMENDMENTS AND ZONE CHANGES FOR THE HOLLYWOOD COMMUNITY

PLAN REVISION/ZONING CONSISTENCY PROGRAM

Case Number: Required Action(s):

Project Description(s):


Project Description(s):

Case Number: Required Action(s): Project Description(s):

ZA-2003-2409-CUB-CUX CUX-ADUL T ENTERTAINMENTS CUB-CONDITIONAL USE BEVERAGE (ALCOHOL) A CUP TO ALLOW THE EXPANSION OF THE SERVICE AREA FOR ALCOHOLIC BEVERAGES TO THE OUTDOOR PATIO DINING AREA OF THE EXISTING RESTAURANT THEREBY INCREASING THE OCCUPANCY CAPACITY TO A TOTAL OF 650 PATRONS; TO ALLOW THE CHANGE OF OPERATING HOURS FROM 11A.M. TO 12 MIDNIGHT AS REQUIRED BY CONDITION NO. 8 0 .. .

ZA-1998-399-CU B-ZV-P A 1-P A-A 1 PA-PLAN APPROVAL ZV-ZONE VARIANCE CUB-CONDITIONAL USE BEVERAGE (ALCOHOL) CONDITIONAL USE TO PERMIT THE ON-SITE SALE OF ALCOHOLIC BEVERAGES AND DANCING WITHIN THE LAS PALMAS THEATER AND SUPPER CLUB IN THE C4-2D ZONE.

ZA-1988-925-CUB CUB-CONDITIONAL USE BEVERAGE (ALCOHOL) TO PERMIT THE SALE AND DISPENSING OF A FULL LINE OF ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE PREMISES, IN CONNECTION WITH THE OPERATION OF A LEGITIMATE THEATRE AND FOOD SERVICE HAVING A SEATING CAPACITY FOR APPROXIMATELY 300 PATRONS IN THE C4-4 ZONE, AND OPERATING BETWEEN THE HOURS OF 7:30 A.M. TO ...

Case Number: ZA-1983-421 Required Action(s): Data Not Available Project Description(s): CATCH-ALL APPLICATION FOR OLD MICROFILM CASES.

Case Number: Required Action(s): Project Description(s):

ENV-2003-2410-ND ND-NEGATIVE DECLARATION A CUP TO ALLOW THE EXPANSION OF THE SERVICE AREA FOR ALCOHOLIC BEVERAGES TO THE OUTDOOR PATIO DINING AREA OF THE EXISTING RESTAURANT THEREBY INCREASING THE OCCUPANCY CAPACITY TO A TOTAL OF 650 PATRONS; TO ALLOW THE CHANGE OF OPERATING HOURS FROM 11A.M. TO 12 MIDNIGHT AS REQUIRED BY CONDITION NO. 8 0 ...

Case Number: ENV-2003-1377-MND Required Action(s): MND-MITIGATED NEGATIVE DECLARATION Project Description(s): Approval of a proposed Sign Supplemental Use District pursuant to Section 13.11 of the

LAMC for the Hollywood Redevelopment Project Area


ENV-1998-187-CUB-CUX-ZV-MND MND-MITIGATED NEGATIVE DECLARATION ZV-ZONE VARIANCE CUX-ADULT ENTERTAINMENTS CUB-CONDITIONAL USE BEVERAGE (ALCOHOL)

Project Description(s): Data Not Available

Case Number: ND-87-417-ZV Required Action(s): ZV-ZONE VARIANCE Project Description(s): Data Not Available

Case Number: PRIOR-07 /29/1962 Required Action(s): ZV-ZONE VARIANCE Project Description(s): Data Not Available

DATA NOT AVAILABLE Hollywood Signage SUD Adaptive Reuse Incentive Spec. Pin-Ord 175038 ORD-176172 ORD-173562 ORD-165657

ZIMAS INTRANET 02/01/2006 City of Los Angeles Department of City Planning

0

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...,_, r------•c---, .... JLA City Planningi%.j;----- Background Display: Generalized Zoning

I _5! Feet ---......:C.,'11

Generalized Zoning

- OS

._____.! A, RA

~~I RE, RS, R1, RU, RZ, RW1 R2, RO, RMP, RW2, Rl, RAS3, R4, RAS4, RS ADPi C1, C1 .5, C2, C4, C5, CR, CW, LASED, WC

I CM. MR, ccs, M1 , !M2,LAX, ~~ .M3,SL

I I P, PB

- PF

HILLSIDE

Property Information Address: APN: Tract: Block: Lot: Arb: PIN#: Zoning: General Plan:

1642 N LAS PALMAS AVE 5547014018

EULALIE TRACT NO 2 None

2 3

148-5A185 170 C4-2D-SN

Regional Center Commercial

f'L/d\f\ NC

Streets Copyright (c) Thomas Brothers Maps, Inc.

CITY OF LOS ANGELES DEPARTMENT OF CITY PLANNING

OFFICE OF ZONING ADMINISTRATION

STAFF INVESTIGATOR REPORT

March 25, 2005

Chief Zoning Administrator (A) Office of Zoning Administration 200 North Spring Street, Room 763 Los Angeles, CA 90012

Rodney Perdew (Op) 1642 North Las Palmas Avenue Los Angeles, CA 90028


Jeffrey F. Fax., Esq. (R) 805 South Figueroa Street, # 2600 Los Angeles, CA 90017

Request

CASE NO. DIR 2003-3688(RV)(PA1) REVIEW COMPLIANCE WITH

CONDITIONS, MODIFICATION OF CONDITIONS OR POSSIBLE REVOCATION OF USE

1642 North Las Palmas Avenue Hollywood Planning Area Zone : C4-2D D. M. : 148.5A185 C. D. : 13 CEQA : ENV 2003-2410-ND Fish and Game : Exempt Legal Description : Lots 1 and 2,

Eulalie Tract

The purpose of the hearing is to obtain testimony of the owner of the property and business plus affected and/or interested persons regarding the operation of Club Blue Nightclub. Following the hearing, the Zoning Administrator may require the discontinuance of the use or modify, delete or impose additional corrective conditions regarding the use of the existing business as a nightclub in order to mitigate any land use impacts caused by the use. The public is also invited to submit written comments prior to the hearing.

ISSUES:

On August 28, 2003, the Zoning Administrator issued a determination imposing corrective conditions pursuant to the provisions of Section 12.27 .1 of the Los Angeles Municipal Code, for the operation of the restaurant/nightclub known as "Club Blue", located at 1642 North Las Palmas Avenue. The Zoning Administrator determined that the operation of said business, a restaurant/nightclub use, had not substantially complied with the conditions as imposed under Case No. ZA 2003-2409(CUB){CUX) and continued to be a public nuisance. Complaints from the Los Angeles Police Department included sales of alcoholic beverages to intoxicated individuals, possession of narcotics, assault with a deadly weapon, battery, vandalism and non-compliance with

CASE NO. DIR 2003-36od(RV)(PA 1) PAGE2

conditional use permit. The Zoning Administrator's determination was appealed to the City Council and at the meeting of the City Council held March 16, 2004, the appeal was denied.

Condition No. 29 of the City Council action states:

29. Plan Approval Review within three months. Within three months of the effective date of this determination, but not less than two months, the applicant shall file a Plan Approval Review application ($549) for the purpose of evaluating the effectiveness of all conditions of the action and whether the use continues to violate conditions and continues to constitute a nuisance. A public hearing shall be held to hear from all departments and concerned parties. This hearing may result in the revocation of the use should it be determined that there is non compliance with the conditions of approval and/or continued nuisance activities. Notification labels shall be provided by the owner/operator for owners and occupants within a 500-foot radius. The applicant shall provide appropriate documentation to substantiate

on-going compliance of the applicant with each of the conditions contained herein at the time of filing the Plan Approval Review application. Compliance can be determined based upon photographs, police records, receipts and other similar evidence. Modifications to conditions, as appropriate, may be considered at this time and may include the expansion of hours. (Modified 11-03)

A communication was sent to the owner/operator as a reminder to file a review of conditions application. A application was not filed and the hearing was initiated by the Office of Zoning Administration.

Property Description

The property is a level, rectangular site, having a frontage of approximately 60 feet on the east side of Las Palmas Avenue and a depth of 120 feet that is completely developed with a one-story building. Owners also have use of an adjacent paved private alley, ten feet in width, to the north of the building, extending from Las Palmas Avenue to Cherokee Avenue.

The Project

The Zoning Administrator determined that the operation of Club Blue, a "restaurant/nightclub" use, had not substantially complied with the conditions as imposed under Case No. ZA 2003-2409(CUB)(CUX) and was found to be a public nuisance.

A communication was sent to the owner/operator, dated July 1, 2004, as a reminder to file a review of conditions application. A application was not flied and the hearing, for the review of conditions of operation, was initiated by the Office of Zoning Administration.

CASE NO. DIR 2003-36~8(RV)(PA1) PAGE3

Planning conducted site research and land use analysis on March 11 , 2005, at approximately 8:30 a.m. extensive interior renovations were being undertaken from the previous Club Blue. During the hearing initiation phase, the Club had changed operator's and Bruce Perdew is no longer the operator. Research indicated that a transfer in ownership is pending for the existing ABC license.

Staff was contacted by the new owner Mr. James Sinclair and was given a tour of the site, with Mr. Sinclair's business partners, on March 16, 2005. The new operator's stated that they intend to improve the site with higher profile clientele and not the theme nights that attracted the "ecstasy taking" and "goth" type of crowds. A new club is not yet in operation and, again is undergoing interior remodeling (see photos). However, the operator stated that private parties have been held at the site for music and film events only. Since there is no nightclub operation the August 28, 2003, conditions of operation could not be verified. Additionally, the interior renovations appear to be a noticeable improvement from the previous club.

Relevant Provisions of the Municipal Code

Nuisance Abatement Authority - Section 12.27 .1 of the Los Angeles Municipal Code

On May 25, 1989, Ordinance No. 164, 7 49 became effective, establishing procedures for the modification, discontinuance or removal of use, building or structure that constitutes a public nuisance or endangers the public health of safety or violates any provision of City, State, or Federal statutes or ordinance. That ordinance become Section 12.21-A, 15 of the Los Angeles Municipal Code.

On October 27, 1997, Ordinance No. 171,740 became effective, amending the language in the earlier ordinance.


Surrounding Land Uses

Properties to the north are zoned C4-2D and are developed with a two-story commercial building occupied by Maceli's Restaurant.

Properties to the south are zoned C4-2D and are developed with a two-story commercial building occupied by a restaurant. The rest of the block to the south of Le Deux is zoned P-1 and is developed with parking lots.

Properties to the east are zoned C4-2D and are developed with the restaurant's patio, and further east by a two-story commercial building fronting on Cherokee Avenue.

CASE NO. DIR 2003-36t,8(RV)(PA 1) PAGE4

Properties to the west of Las Palmas Avenue are zoned C4-2D and are developed with one- and two-story commercial buildings and parking lots occupied by various businesses, a news stand and the Egyptian Theater.

Previous Cases, Affidavits, Permits, and Orders On the Applicant's Property:

Case No. DIR 2003-3688(RV) - On December 19, 2003, the Zoning Administrator found that the operation of Club Blue, had not substantially complied with the conditions imposed and continued to be a public nuisance, maintained and modified conditions of operation. The operator appealed the Zoning Administrator's determination to the City Council (CF No. 04-0122) and at the meeting of the Council held March 16, 2004, upheld the determination of the Zoning Administrator.

Case No. ZA 2003-2409(CUB)(CUX)(ZV) - On December 4, 2003, the Zoning Administrator, denied a Conditional Use Permit to allow the continued sale and dispensing of a full line of alcoholic beverages for on-site consumption; in conjunction with an existing restaurant/nightclub (Club Blue) with live entertainment and patron dancing as previously authorized by ZA 98-0399(CU)(PA 1) with limited modifications thereto. Also, denied a variance to permit the provision or required parking off-site by lease agreement.

Case No. ZA 98-0399(CUB) - On October 3, 2001, under ZA Case No. 98-0399(CUB)(PA) the Zoning Administrator, pursuant to Los Angeles Municipal Code Section 12.24-M, denied an expansion of hours until 6 a.m. daily, and the expansion of an 800 square-foot outdoor patio area at an existing nightclub, and under the same action, pursuant to Condition 29 of Case No. ZA 98-0339(CUB)(PA) dated November 20, 2000, and the provisions of Section 12.27.1 of the Los Angeles Municipal Code, the Zoning Administrator conducted a review of the effectiveness of conditions imposed under that action. The Zoning Administrator found that the operation of the Club Blue nightclub had not substantially complied with 37 conditions as imposed by the Zoning Administrator and that the nightclub use, as operated, had caused a public nuisance. The Zoning Administrator maintained, modified, and added to the existing conditions and required a second review for the purpose of determining the need for revocation of the actual use within three months.

On October 3, 2001, the action of the Zoning Administrator was appealed to the Central Area Planning Commission and on March 15, 2002, the Central Area Planning Commission denied the applicants's appeal, sustaining the action of the Zoning Administrator and imposing 42 Conditions of Compliance, which were not modified.

Case No. ZA 98-0399(CUB) - On November 20, 1998, under ZA Case No. 98-0399(CUB), the Zoning Administrator, pursuant to Los Angeles Municipal Code Section 12.24-C,38 and 42, approved a conditional use to permit the sale and dispensing of alcoholic beverages for on-site consumption (Type 47 license); and pursuant to Los Angeles Municipal Code 12.27-B and Charter Section 98, the Zoning Administrator also, approved a variance from Section 12.26-E,6 of the Los Angeles Municipal Code to permit the provision of required parking off-site by lease agreement all in conjunction with the existing 7 ,840 square-foot, Las Palmas Theater and Supper Club located in the C4-2D Zone.

CASE NO. DIR 2003-36ljo(RV)(PA 1) PAGES

On February 10, 1999, under ZA Case No. 98-0399(CUB), the Zoning Administrator issued a letter of correction which stated: pursuant to Los Angeles Municipal Code Sections 12.24-C, 38 and 42, a conditional use was approved to permit the sale and dispensing of alcoholic beverages for on-site consumption (Type 47 license), dancing and a variance from Section 12.26 E the Los Angeles Municipal Code to permit the provision of required parking by off-site lease agreement.

Case No. CUB 83-421 - Was approved March 20, 1984, by the Zoning Administrator to provide a conditional use to permit the sale and dispensing of alcoholic beverages for consumption on the premises in the lobby of an existing legitimate theater prior to stage performances and during intermissions in the C4-4 Zone. The State Department of Alcoholic Beverage Control approved a Type 4 7 license for serving a full line of alcoholic beverages for on-site consumption. The permit is valid as of this writing.

Previous Cases, Affidavits, Permits, and Orders On Surrounding Properties:

Case No. ZA 95-0282(CUB)(CUX) - For property adjacent to the property on the southerly side, was approved June 30, 1995, by the Zoning Administrator for on-site consumption and a dance hall with live entertainment in conjunction with a restaurant and lounge to accommodate 357 persons.

Case No. ZA 88-0925(CUB) - Was for a full line of alcoholic beverages for on-site consumption at Miceli's on the northerly property adjacent to the property.

Case No. ZA 84-0539(CUB) - Was approved December 21, 1984, by the Zoning Administrator as a conditional use at 1646 Las Palmas, to permit the on-site sale of alcoholic beverages.

General Plan, Specific Plans and Interim Control Ordinances

Community Plan:

The Hollywood Community Plan designates the property for Commercial Regional Center with corresponding zones of C4, C2, P and PB. A Regional Center has a higher intensity mix of uses with a focus on entertainment uses.

Specific Plans and Interim Control Ordinances:

The property is within the boundaries of the Hollywood Redevelopment Plan.

Streets

Las Palmas Avenue, adjoining the property to the west, is a Local Street dedicated a width of 50 feet and fully improved, intersecting to the north with Hollywood Boulevard.

Hollywood Boulevard, to the north, is a designated Major Highway dedicated a width of 100 feet and fully improved.

CASE NO. DIR 2003-36ob(RV)(PA1) PAGE6

The alley, adjoining the property to the north, is a private alley and is fully improved within a 10-foot dedication.

Flood Hazard Evaluation:

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

Environmental Clearance:

On June 19, 2003, the City Planning Department Environmental Staff Advisory Committee (ESAC) issued Negative Declaration No. ENV 2003-2410-ND (Article V - City CEQA Guidelines) and determined that this project will not have a significant effect on the environment.

Comments from Other Departments or the General Public

LOS ANGELES POLICE DEPARTMENT • ARRESTS REPORTS AND INVESTIGATIONS

A communication was sent to Los Angeles Police Department - Vice Division dated November 3, 2004, requesting arrest reports with corresponding CCAD and Calls for Service ranging from August 2003 to the present. Crime information was received on December 16, 2004. The following information was received:

1999

01/01/99

12/02/99

Arrest for vandalism, 594 (8)(4)PC. Suspect vandalized store front window with white marker, suspect wrote "JOLERn (Off-site)

RFC: 41.24 LAMC, Trespassing. Officers observed defendant trespass on private property. (On-site)

01/08/00 Arrest for possession of controlled substance ecstasy and marijuana; 11378 HS. On-site arrest of a person for sale of marijuana. (On-site)

01/08/00 Arrest for possession of controlled substance; 11379 HS. On site arrest for possession of marijuana by LAPD undercover officers. (On-site)

01//08/00 Arrest for sales of controlled substance ecstasy; 11378 HS. On-site arrests of a person for selling "X" (ecstasy) inside of the nightclub. (On-site)

01/29/00 Preliminary investigation of lost property. Victim lost his cell phone while at a nightclub. (On-site}

CASE NO. DIR 2003-36bij(RV)(PA1) PAGE?

02/10/00

02/23/00

02/25/00

04/16/00

04/28/00

06/19/00

07/16/00

09/29/00

10/02/00

Arrest for carrying a concealed weapon, 12020(A)PC. Martial arts weapon found during traffic stop for expired registration.

Preliminary investigation of lost property. Victim lost her cell phone while at a nightclub. (On-site)

Preliminary investigation of lost property. Victim lost her cell phone while at a nightclub. On-site)

Preliminary investigation of suspect became angry at victim and broke her vehicle's taillight in parking lot of nightclub. (On-site)

Preliminary investigation of vandalism. Victim observed that unknown suspect used possibly key to scratch the paint on passenger rear and trunk of vehicle. (Off-site)

Preliminary investigation of robbery. Unknown suspect approached victim, simulated a handgun and demanded victim's wallet. Victim in fear handed suspect his wallet, suspect fled the location on foot. (Off-site)

Arrest for presenting false ID to police officer, 148.9(B)PC. Suspect used false ID to gain entrance to nightclub. (On-site)

Preliminary investigation of battery. Victim was escorted out of the location by suspect. Victim's left ear-ring was pulled off causing pain. (On-site)

Preliminary investigation of lost property. Handheld ticket writer was lost in the street. (Off-site)

None provided.

2002

01/18/02

2003

1/09/03

1/24/03

Preliminary investigation of battery. Suspect ran up to victim yelling, "Get away from my car", suspect began punching and kicking victim. Victim sustained injury to his left eye. Incident occurred in parking lot of nightclub.

Preliminary investigation of burglary from motor vehicle. (Off-site)

Preliminary investigation of assault with a deadly weapon (Off-site parking lot). Club promoter (victim) was standing next to witnesses vehicle when suspect vehicle entered parking lot and pulled up next to him, victim then observed suspect pointing a possible shotgun at him.

CASE NO. DIR 2003-36oH(RV)(PA 1) PAGE8

1/24/03

2/1/03

2/1/03

2/23/03

2004

01/10/04

01/12/04

04/09/04

04/09/04

07/06/04

Preliminary investigation of vandalism (Off-site). Victim was loading records into the back of his vehicle when unknown suspect walked up and said, "Hey peckerwood", victim ran around the side of his vehicle and then heard suspect damaging vehicle.

Officers declaration on February 1, 2003, an ABC investigation was conducted at Club Blue. During investigation a minor was served an alcoholic beverage and the Club was operating after 12 midnight in violation of Condition No. 41.


Incident report serving alcohol to minor, then dragged to alley in intoxicated state and abandoned. A Boardner's employee assisted the minor and called paramedics for assistance.

RFC : .12.29 LAMC, Violation of conditional use permit Section No.41 - No after hours use of the club after 1200 midnight.

Vehicle report. Impound of stolen vehicle.

Preliminary investigation of battery. Suspect and victim were involved in a physical altercation outside the Club Blue. Suspect punched victim with a closed fist.

Preliminary investigation of battery. Suspect and victim were involved in a physical altercation, suspect pushed victim and victim fell to the ground at the Club Blue.

Preliminary investigation of lost property. Victim lost cell phone at nightclub.

Calls for Service

PIO VINCENT Q ORIANO Zoning lnvestiga or

PVQ:ek

~ J. MICHAEL CAREY :1TY OF LOS ANGELI Offlceofthe City Clerk

FRANK T. MARTINEZ Executive Officer


04-0122

CD 13

April 5, 2004

Councilmember Garcetti City Planning Department, Attn: David Kobashima

Bureau of Engineering, Land Development Group

Department of Building & Safety, c/o Zoning Coordinator cc: Residential Inspection Unit

- Mail Stop 115

CALIFORNIA

JAMES K. HAHN MAYOR

CITY CLERK Council and Public Services



Fax: (213) 978-1040

HELEN GINSBURG Chief, Conncil and Public Services Division

CORRECTED LETTER *See Mayor concurrence date

City Attorney Attn: Jeri Burge

Office of Zoning Administration Department of Transportation, Traffic/Planning Sections

Police Department

{see additional notifications)

RE: AN APPEAL ON CORRECTIVE CONDITIONS OF APPROVAL IMPOSED BY THE CITY FOR NUISANCE ABATEMENT AT RESTAURANT/NIGHT CLUB KNOWN AS CLUB BLUE AT 1642 LAS PALMAS AVENUE

At the meeting of the Council held March 16, 2004, the following action was taken:

Attached report adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X Attached motion ( - ) adopted .................................. ~---~-Attached resolution adopted ................................... ·~-~-~-Mayor approved ................................................ ·~--~--FORTHWITH ...................................................... ------*Mayor concurred. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 -31- 04 To the Mayor FORTHWITH ...................... ~ ................. _____ _ Findings adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X Motion adopted to approve committee report recommendation(s) ···--~---Motion adopted to approve communication recommendation(s) ..... ·------Negative Declaration adopted .................................. . ------Categorically exempt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X Generally exemP.t .............................................. .

(}'"1~~ --City Clerk crm


' STATE OF CALIFORNIA • ALCOHOLIC BEVERAGE CONTROL 3530 WILSHIRE BLVD .• STE. 1110

. ' ' LOS ANGELES', CA 90013

Paolo Greco 4824 Los Feliz Blvd. Los Angeles, CA 90027

Rodney Perdew 3603 Dixie Canyon Ave. Sherman Oaks, CA 91423

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Bruce Edward Perdew, 1642 No. Las Palmas Av Hollywood, CA 90028

Jeffrey F. Fax, Esq. 805 S. Figueroa St., #2600 Los Angeles, CA 90017

Mary Clair Molidor CNAP

1645 Corinth Ave., #210 Los Angeles, CA 90025

. -~ . ' ...

David Carlat . 8833 Sunset Blvd., #304 West Hollywood, CA 90069

Jeffrey F. Sax, Esq. 856 S. Figueroa St., #2600 Los Angeles, CA 90017

Galen Loran 1200 E. California Blvd. Pasadena, CA 91126

' ' , '.


Your

reports as follows:

FILE NO. 04-0122

PLANNING AND LAND USE MANAGEMENT Committee


CATEGORICAL EXEMPTION and PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to an appeal on corrective Conditions of Approval imposed by the City for nuisance abatement at restauranVnight club known as Club Blue located at 1642 Las Palmas Avenue.

Recommendations for Council action: i

' l 1. FIND that this action is categorically exempt from California Environmental Quality Act. pursuant to Article

VII, Section 1, Class 21 (2) of the City's Environmental Guidelines. i · :! \ : : : ' 'i '! .:· ,l;

2. ADOPT the FINDINGS of the Zoning Administrator as the findings of Council.

3. RESOLVE TO DENY APPEAL filed by Bruce Edward Perdew, Protestant, from the nuisance abatement determination of the Zoning Administrator to impose corrective condition no. 8 (hours of sales, service and consumption of alcoholic beverages) and corrective condition no. 41 (no after hours use), and THEREBY SUSTAIN all Conditions of Approval imposed by the Zoning Administrator to mitigate adverse impacts caused by the operation of the restauranVnightclub known as "Club Blue" located at 1642 Las Palmas Avenue.

Applicant: City of Los Angeles (Office of Zoning Administration) DIR 2003-3688 (RV) . I .

' Fiscal Impact. Statements: None submitted by the Zoning Administrator. Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report. · ' · · · ,

TIME LIMIT FILE - MARCH 20, 2004

(LAST DAY FOR COUNCIL ACTION - MARCH 19, 2004) Summary: At their meeting held on March 3, 2004, the Planning and Land Use Management Committee conducted a public hearing on an appeal filed by Bruce Edward Perdew, appellanVapplicant/owner, from the nuisance abatement determination of the Zoning Administrator, to impose corrective condition no. 8 (hours of sales, service and consumption of alcoholic beverages) and corrective condition No. 41 (no after hours use), for continued use and operation of the restaurant/nightclub known as "Club Blue" located at 1642 Las Palmas Avenue.

The Zoning Administrator (ZA) reported in a second review of the conditional use issued to Club Blue, and after receiving input from the Los Angeles Police Department (LAPD), he determined that the nightclub/restaurant had not substantially complied with the Conditions of Approval and continued to operate as a nuisance in the surrounding area. As a result, the ZA reported that on December 19, 2003, he reissued his determination which required the modification and continuation of the Conditions of Approval in order to mitigate the adverse impacts caused by the club's operation. On January 5, 2004, Mr. Perdew filed an appeal to the ZA's determination. On January 20, 2004, the Chief Zoning Administrator, acting on behalf of the Director of Planning forwarded the appeal to the City Council. The Zoning Administrator reported that his determination also allows for a Plan Approval review within three months (90 days) from the effective date of the Zoning Administrator's determination for the purpose

,!,

' .

of evaluating the effectiveness of all conditions of the action and whether the use continues to constitute a nuisance.

In addition, the ZA also reported, Mr. Perdew's appeal on corrective condition no. 8 was filed in error. Condition no. 8 states that "sales service and consumption of alcoholic beverages shall be permitted only between the hours of 11 a.m. and 12 midnight daily." However, the ZA reported that this requirement is preempted by state law, and therefore, Condition no. 8 was deleted from the Conditions of Approval in November 2003. Condition No. 41, also appeal by the appellant/owner states, "No 'after hour' use of the club is allowed. The business must be empty of patrons by 12 midnight daily.ff

Staff from the LAPD and the Council Office staff spoke in favor of imposing the modified and continued Conditions of Approval and of the Plan Approval review within three months, prior to granting the club's request for after hour use. LAPD, Hollywood Division, reported that the activities at the club have constituted a nuisance and have adversely impacted nearby residential and commercial uses. In addition, the LAPP reported incidences on battery, assault with a deadly weapon, sales of alcoholic beverages to intoxicated individuals, vandalism and on the overall club's non-compliance with the conditional use permit. · · · ' · · · ·:' · · · · ··: -:· 1 i · .! . :·i .. : . • ' .

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Several persons including the appellant spoke in support of the appeal. The f;Jppellant/o~er ~eported that requiring the club to close by 12 midnight imposes an unreasonable hardship on the business and would likely cause him to file bankruptcy. The appellant's newly assigned representative, reported that the club has put together a security plan, and that he has reviewed the security plans of other clubs in the area in an effort to alleviate some of the concerns noted by the LAPD. He reported, that if it is the intent of the City not to close the business, than the business should be allowed to operate until 2 a.m during the review period. During this period the club will be able to provide evidence to the City that the business can operate in compliance. The representative further reported that, the club has not been able to provide evidence of compliance due to the owner's lack of understanding of the process for providing evidence of compliance. The representative stated that he has met with the LAPD who seems to be a~amant about the club closing at 12 midnight. He reiterated ~hat tpis

1 rn9~i,rem~~~ v,v~ul~ rventually cause

the business to close. · · · · · · · · 1 · , • . , • , , : · . ·• · •

1

No speaker cards, and no publictestimonywas'provided in oppos~ion t~ ~he:~p·· ·P•

1

ear~ ··:·/:-ii ' i ,,'::i • . . . l,jl ! J Ii

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After careful consideration of the documents in the file, and the testimony provided, the Committee recommended that the appeal be denied, and that "Club Bluen be subject to the three month Plan approval review to determine if the club continues to constitute a nuisance.


MEMBER REYES: CARDENAS:

PLANNING AND LAND USE MANA ENT COMMITTEE VOTE c:::? A ,()

YES ~ fr. YES - •

WEISS:

YES AA . A Ar,r BG:ys VflC!ll 3-4-04 Enc: DIR 2003-3688 (RV) Attachment: Conditions of Approval CD13 Note: (Notice has been published not


MAR 1 6 2004

#040122

·. , CF 04-0122 ZA DIR 2003-3688 RV

CONDITIONS OF APPROVAL


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. (ZA 98-0399) · ·

3. The authorized use shall be conducted at all times with due regard for the character of the surrounding district, and the right is reserveq fo 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 neighbo.rh'ooci' or'qccupants of adjacent property. (ZA 98-0399)

• .: :: .. ,'.,j ' . ". ,,, ·1:, ::(::. • •


5. A copy of the first page of this grant and all conditions and/or any subsequent appeal of this grant and its result.ant conditions and/or letters of clarification shall be included in the "notes" portion of the building plans submitted to the Zoning Administrator and the Department of Building and Safety for purposes of having a building permit issued. (ZA 98-0399)

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6. The authorization granted hereil1 is for a period of 8 years from the effective date of the subject grant (December 7, 1998). Thereafter (December 7, 2006), the permit shall automatically expire and the applicant will be required to secure a. nevi permit to continue the· use. (ZA 98-0399) (Clarified11-03) 1

",. :,:.: •·•• · 1'

1••

7. (Deleted 11-03)


8. (Deleted 11-03)

9. There shall always be 200 seats set for food service at all times during business hours. (ZA 98-0399)


11. (Deleted 11-03)


-1-

~ CF 0:4-0122 ZA DIR 2003-3688 RV


14. Alcoholic beverages shall not exceed 50% of the gross sales of food during any month. Records of food sales and alcohol sales shall be provided to the Zoning Administrator with the application for the required three month plan approval. (Modified 11-03)


16. The applica~t: shall hire a certified noise engineer who, will determine the maximum level the interior music· ~mplification can be set and still comply with the City Noise Ordinance. The report of the ·consultant ·shall be submitted to the Zoning Administrator for review and approval within 60 days ofthe

1

effective date of this determination. The club music amplification shall be kept at the level allowed by the City at all times. The double doors leading outside to the rear patio shall have automatic door closing devices added to ensure they are always kept closed. (ZA 98-0399)

17.· No private rooms or areas are allowed. All space of the business shall be open to the public unless there is a private function where all of the business is reserved. (ZA 98-0399)


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19. There shall be nO sales of alcoholic beverages for off-site consumption. '! t :;1•1>ri!!!il !;· "i11j"!::,!'! ,t, ' '

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20. A full menµ shall be available until 11 p.m. daily. (ZA 98-0399) ' ' ! '



23. No employees shall solicit or accept any alcoholic or non-alcoholic beverage from any customer while in the premises. (ZA 98-0399)

24. No advertising of club beverages is allowed. (ZA 98-0399)


26. The applicant may also maintain a live theater and music, motion picture, video screening, record

-2-

27.

28.

29.

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31.

32.

33.

34.

35.

36.

CF 04-0122 ZA DIR 2003-3688 RV

release and listening parties, band and orchestral rehearsals as well as special events, provided all necessary permits and licenses, where required for such activities are valid. (ZA 98-0399)

There shall be no minimum drink requirements. (ZA 98-0399)

No outside public telephone is permitted on site. Any public pay phone on the interior shall be located in an area within full view of the restaurant staff and not located within any restroom. (ZA 98-0399)

Plan Approval Review within three months. Within three months of the effective date of this determination, but not less than two months, the applicant shall file a Plan Approval Review application ($549) for the purpose of evaluating the effectiveness of all conditions of the action and whether the use continues to violate conditions and continues to constitute a nuisance. A public hearing shall be held to hear from all departments and concerned parties. This hearing may result in the revocation of the use should it be determined that there is non compliance with the conditions of approval and/or continued nuisance activities. Notification labels shall be provided by the owner/operator for owners and occupants within a 500-foot radius.

The applicant shall provide appropriate documentation to substantiate on-going compliance ofthe applicant with each of the conditions contained herein at the time of filing the Plan Approval Review application. Compliance can be determined based upon photographs, police records, receipts and other similar evidence. Modifications to conditions, as appropriate, may be considered at this time and may include the expansion of hours. (Modified 11-03)

Any future operator or owner for this site must file a new Plan Approval application to allow the ,: City to review the "mode and character" of a possible new restaurant. ' ·•

Deliveries, trash pick up and parking lot cleaning are allowed only between the hours of 7 a.m. and 6 p.m. daily. (ZA 98-0399)

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: ', :' ,: ; I

Any private rental use shall be required to be shown, sign for and follow all of the conditions of this grant. (ZA 98-0399)

Proof of quarterly meetings with Hollywood Vice shall be submitted to the Zoning Administrator at the time of a plan approval review. (Modified 11-03)

A copy of these conditions shall be kept on site at all times. All employees shall be familiar with the conditions. (ZA 98-0399)

A parking plan shall be submitted to the Zoning Administrator approval which will provide for new or additional off-street parking for the duration of the new use involved. (ZA 98-0399)

The applicant shall develop a detailed security plan within 30 days of the effective date of this determination which shall be reviewed by Hollywood Vice and approved by the Zoning Administrator. The plan shall include: (ZA 98-0399)

-3-

• 1 CF 04-0122 ZA DIR 2003-3688 RV

a. Twelve State licensed security officers at all times the club is open and until one hour after closing based on a maximum capacity of 400 and a ratio of three security guards per 100 patrons.




,. ",, ,'' )l ',,,j

e. The exact locations of security guards shall include: 6 inside, 4 outside the restaurant (2 in front, 1 in the side alley and 1 in the rear patio) and 1 each at th~. ,~o le~s~d off-s~~,, parking sites. . · · :: ... ,· · ·' .: 1-1: /:' :.!:illi::!Ji1!1.;;, . ,: ,' ,T.::\· <ii

• · · . ' .. >:::-, , ;,)'(:'I'\·:: i; J 1! · ',: ·:;i

f. The hiring of a security supervisor with previous police or military police background.·· ,i ,. · ·

g. Amount of training required for security personnel as specified by the police, the exact hours of security patrol before and after the business operates. ·' ·


i. How to effectively move patrons from the cjub and disperse .them without bloc~ng streets or loitering next to the club after closing. · '· . , ·: ·· .: 11\,:··' . ·:;;!.! i :. 1' ·

11"'' ' ', ! !" ,' (':!: 1 .,,,,,! 11 !·jJ:il,iif1! .;; ·::l:1;<1 , ,1 :. . ' ·(, . 1:;1 ·;·:!111\I::.: ·:1i 1'ii.:f:1·

j. Development of a management plan so club security preve11ts public drinking by patrons waiting in line to enter the club. The goal of these 10 "performance" standards is to develop a well trained "pro active" security force which prevents public nuisances at the business.


38. The adjacent public sidewalk shall be swept on a daily basis after the close of business. (Modified 11-03)

39. No use of the alley is allowed. The applicant shall develop a "control" plan with review by Hollywood Vice showing where patrons would line up, how they would be kept in orderly line and how many security would be used to control the patrons. No club patrons are allowed to stand in any public street adjacent to the subject site and the sidewalk on Las Palmas must kept open at all times by club security personnel for the easy access of the general public. (ZA 98-0399)


41. No "after hours" use of the club is allowed. The business must empty of patrons by 12 midnight

-4-

CF 04-01'22 ZA DIR 2003-3688 RV

daily. (ZA 98-0399)

42. Valet parking must be offered after 6 p.m. and no double parking is allowed on public streets. Offsite parking of cars by valets shall not be on public streets. The location of valet parking sites and agreements for such sites shall be submitted to the Zoning Administrator at the time of the plan approval review. (Modified 11-03)

#040122con

1' ':I

-5-

I' ·,1;r;1!.,j, ;, ' ... ,;.I: '

J, MICHAEL CAREY City Clerk

.. ITV OF LOS ANGEL.; Office of the CALIFORNIA CITY CLERK


Los Angeles, CA 90012 FRANK T. MARTINEZ

Executive Officer



Fax: (213) 978-1040

HELEN GINSBURG

JAMES K. HAHN Chief, Council and Public Services Division

04-0122 PLACE IN PILES MAYOR

APR . • 1 ?-004

~ CD 13

April 5, 2004

Councilmember Garcetti City Planning Department, Attn: David Kobashima

Bureau of Engineering, Land Development Group

Department of Building & Safety, c/o Zoning Coordinator cc: Residential Inspection Unit.

- Mail Stop 115 . ' .

-..

CORRECTED LETTER *See Mayor concurrence date

City Attorney Attn: Jeri Burge


Police Department

(see additional notifications) ' ~ .. ·



Attached report adopted........................................ X Attached motion ( - ) adopted .................................. _____ _ Attached resolution adopted .................................... _____ _ Mayor approved ................................................. _____ _ FORTHWITH ...................................................... ------*Mayor concurred. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 - 31- O 4 To the Mayor FORTHWITH ...................... : ............... ··------Findings adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X Motion adopted to approve committee report recommendation(s) ···------Motion adopted to approve communication recommendation(s) ..... ·------Negative Declaration adopted .................................. . ------Categorically exempt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X Generally exemP.t .............................................. .

cf"'~~ --City Clerk

AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER Recyclable and made Iran recycled -.. @

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Mayor;s Time Stamp

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City Clerk's Time Stamp

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SUBJECT TO MAYOR'S APPROVAL

COUNCIL FILE NO. 04-0122 COUNCIL DISTRICT NO. 13

COUNCIL APPROVAL DATE March 16, 2004.

RE: AN APPEAL ON CORRECTIVE CONDITIONS OF APPROVAL IMPOSED BY THE CITY FOR

NUISANCE ABATEMENT AT RESTAURANT/NIGHT CLUB KNOWN AS CLUB BLUE AT 1642

LAS PALMAS AVENUE ~

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LAST DAY FOR MAYOR TO ACT APR O 5 2004

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(10 Day Charter requirement as per Charter Section 341)

DO NOT WRITE BELOW THIS LINE - FOR MAYOR OFFICE USE ONLY

*DISAPPROVED

*Transmit objections in writing pursuant to Charter Section 341

DATE OF MAYOR APPROVAL OR DISAPPROVAL __ M_A_R_3_1_2_0_04

APR O 1 2004 steno\040122

PLANNING AND LAND USE MANAGEMENT COMMITTEE Report/Communication for Signature

Council File Number: ({) i- [)/ d d._

Committee Meeting Date: .3- 3-u4 Council Date: 3-1~ -09:

COMMITTEE MEMBER YES NO ABSENT

Councilmember Ed Reyes, Chair 't__.,/

Councilmember Tony Cardenas v--

Councilmember Jack Weiss v

Barbara Greaves, Legislative Assistant ------------------------------------------- Telephone (213) 978-1068

J. MICIL\EL C.AKEY City Clerk

t-. rv OF LOS ANGELE!:> Office of the



04-0122

CD 13

March 17, 2004

Councilmember Garcetti City Planning Department Attn: David Kobashima

Bureau of Engineering,

CALIFORNIA

JAMES K. HAHN MAYOR




Fax: (213) 978-1040

HELEN GINSBURG Chief, Council and Public Services Division

Los Angeles County Assessor 500 West Temple Street Los Angeles, CA 90012

City Attorney, Attn: Jeri Burge

Land Development & Mapping Division Department of Building & Safety,


Police Department c/o Zoning Coordinator cc: Residential Inspection Unit

- Mail Stop 115 (see additional notifications)



Attached report adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X Mayor conct1rred ...............•.............................. ·--~----To the Mayor FORTHWITH ................................ ········------Findings adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X Motion adopted to approve committee report recommendation(s) ···------PtJ,blication date ............................................... _____ _ findings adopted ............................................... ____ _ Negative Peolaration adopted .................................. . ------Categorically exempt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X General 1 y exempt .............................................. .

City Clerk crm

@m)•o AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER

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STATE OF CALIFORNIA ALCOHOLIC BEVERAGE CONTROL 3530 WILSHIRE BLVD., STE. 1110

• LOS ANGEt.ES, CA'90013



Bruce Edward Perdew 1642 No. Las Palmas Ave. Hollywood, CA 90028




David Carlat 8833 Sunset Blvd., #304 West Hollywood. CA 90069




Your

reports as follows:


FILE NO. 04-0122

Committee


CATEGORICAL EXEMPTION and PLANNING AND LAND USE MANAGEMENT COMMITIEE REPORT relative to an appeal on corrective Conditions of Approval imposed by the City for nuisance abatement at restauranVnight club known as Club Blue located at 1642 Las Palmas Avenue.


1. FIND that this action is categorically exempt from California Environmental Quality Act pursuant to Article VII, Section 1, Class 21 (2) of the City's Environmental Guidelines. ·


3. RESOLVE TO DENY APPEAL filed by Bruce Edward Perdew, Protestant, from the nuisance abatement determination of the Zoning Administrator to impose corrective condition no. 8 (hours of sales, service and consumption of alcoholic beverages) and corrective condition no. 41 (no after hours use), and THEREBY SUSTAIN all Conditions of Approval imposed by the Zoning Administrator to mitigate adverse impacts caused by" the operation of the restaurant/nightclub known as "Club Blue" located at 1642 Las Palmas Avenue.

Applicant: City of Los Angeles (Office of Zoning Administration) DIR 2003-3688 (RV)

Fiscal Impact Statements: None submitted by the Zoning Administrator. Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report. ·


(LAST DAY FOR COUNCIL ACTION - MARCH 19, 2004) Summary: At their meeting held on March 3, 2004, the Planning and Land Use Management Committee conducted a public hearing on an appeal filed by Bruce Edward Perdew, appellant/applicant/owner, from the nuisance abatement determination of the Zoning Administrator, to impose con-ective condition no. 8 (hours of sales, service and consumption of alcoholic beverages) and corrective condition No. 41 (no after hours use), for continued use and operation of the restaurant/nightclub known as "Club Blue" located at 1642 Las Palmas Avenue.

The Zoning Administrator (ZA) reported in a second review of the conditional use issued to Club Blue, and after receiving input from the Los Angeles Police Department (LAPD), he determined that the nightclub/restaurant had not substantially complied with ·the Conditions of Approval and. continued to operate as a nuisance in the surrounding area. As a result, the ZA reported that on December 19, 2003, he reissued his determination which required the modification and continuation of the Conditions of Approval in order to mitigate the adverse impacts caused by the club's operation. On January 5, 2004, Mr. Perdew filed an appeal to the ZA's determination. On January 20, 2004, the Chief Zoning Administrator, acting on behalf of the Director of Planning forwarded the appeal to the City Council. The Zoning Administrator reported that his determination also allows for a Plan Approval review within three months (90 days) from the effective date of the Zoning Administrator's determination for the purpose


In addition, the ZA also reported, Mr. Perdew's appeal on corrective condition no. 8 was filed in error. Condition no. 8 states that "sales service and consumption of alcoholic beverages shall be permitted only between the hours of 11 a.m. and 12 midnight daily." However, the ZA reported that this requirement is preempted by state law, and therefore, Condition no. 8 was deleted from the Conditions of Approval in November 2003. Condition No. 41, also appeal by the appellant/owner states, "No 'after hour' use of the club is allowed. The business must be empty of patrons by 12 midnight daily."

Staff from the LAPD and the Council Office staff spoke in favor of imposing the modified and continued Conditions of Approval and of the Plan Approval review within three months, prior to granting the club's request for after hour use. LAPD, Hollywood Division, reported that the activities at the club have constituted a nuisance and have adversely impacted nearby residential and commercial uses. In addition, the LAPD reported incidences on battery, assault with a deadly weapon, sales of alcoholic beverages to intoxicated individuals, vandalism and on the overall club's non-compliance with the conditional use permit.

Several persons including the appellant spoke in support of the appeal. The appellant/owner reported that requiring the club to close by 12 midnight imposes an unreasonable hardship on the business and would likely cause him to file bankruptcy. The appellant's newly assigned representative, reported that the club has put together a security plan, and that he has reviewed the security plans of other clubs in the area in an effort to alleviate some of the concerns noted by the LAPD. He reported, that if it is the intent of the City not to close the business, than the business should be allowed to operate until 2 a.m during the review period. During this period the club will be able to provide evidence to the City that the business can operate in compliance. The representative further reported that, the club has not been able to provide evidence of compliance due to the owner's lack of understanding of the process for providing evidence of compliance. The representative stated that he has met with the LAPD who seems to be adamant about the club closing at 12 midnight. He reiterated that this requirement would eventually cause the business to close.

No speaker cards, and no public testimony was provided in opposition to the appeal.

After careful consideration of the documents in the file, and the testimony provided, the Committee recommended that the appeal be denied, and that "Club Blue" be subject to the three month Plan approval review to determine if the club continues to constitute a nuisance.



PLANNING AND LAND USE MANA ENT COMMITTEE VOTE c::::;? A ,()

YES ~ V-. YES . •

WEISS: YES fM t A 4f1lf

BG:ys VflPl { J 3-4-04 Enc: DIR 2003-3688 (RV) Attachment: Conditions of Approval CD13 Note: (Notice has been published not

less than 24 days prior to the public hearing date pursuant to Sections 12.24 13 and 12.24 D2(b) of the Los Angeles Municipal Code) LOS ANGELES CITY COUNCIL

Co. 1 .. .,,,r,'u I E ~f ..,,,._,./).,. Arpro ,,,,,J P..&t,·. fl~·,.,~ He Id'

#040122

CF 04-0:122 ZA DIR 2003-3688 RV



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. (ZA 98-0399)

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. (ZA 98-0399)


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 included in the "notes" portion of the building plans submitted to the Zoning Administrator and the Department of Building and Safety for purposes of having a building permit issued. (ZA 98-0399)

6. The authorization granted herein is for a period of 8 years from the effective date of the subject grant (December 7, 1998). Thereafter (December 7, 2006), the permit shall automatically expire and the applicant will be required to secure a new permit to continue the use. (ZA 98-0399) (Clarified 11-03) ·

7. (Deleted 11-03)


8. (Deleted 11-03)



11. (Deleted 11-03)


-1-

!'

Cf 04-0~22 ZA DIR 2003-3688 RV




16. The applicant shall hire a certified noise engineer who, will determine the maximum level the interior music amplification can be set and still comply with the City Noise Ordinance. The report of the consultant shall be submitted to the Zoning Administrator for review and approval within 60 days of the effective date of this determination. The club music amplification shall be kept at the level allowed by the City at all times. The double doors leading outside to the rear patio shall have automatic door closing devices added to ensure they are always kept closed. (ZA 98-0399)




20. A full menu shall be available until 11 p.m. daily. (ZA 98-0399)







-2-

. . CF 04-0~22 ZA DIR 2003-3688 RV




29. Plan Approval Review within three months. Within three months of the effective date of this determination, but not less than two months, the applicant shall file a Plan Approval Review application ($549) for the purpose of evaluating the effectiveness of all conditions of the action and whether the use continues to violate conditions and continues to constitute a nuisance. A public hearing shall be held to hear from all departments and concerned parties. This hearing may result in the revocation of the use should it be determined that there is non compliance with the conditions of approval and/or continued nuisance activities. Notification labels shall be provided by the owner/operator for owners and occupants within a 500-foot radius.

The applicant shall provide appropriate documentation to substantiate on-going compliance ofthe applicant with each of the conditions contained herein at the time of filing the Plan Approval Review application. Compliance can be determined based upon photographs, police records, receipts and other similar evidence. Modifications to conditions, as appropriate, may be considered at this time and may include the expansion of hours. (Modified 11-03)



32. Any private rental use shall be required to be shown, sign for and follow all of the conditions of this grant. (ZA 98-0399)

33. Proof of quarterly meetings with Hollywood Vice shall be submitted to the Zoning Administrator at the time of a plan approval review. (Modified 11-03)

34. A copy of these conditions shall be kept on site at all times. All employees shall be familiar with the conditions. (ZA 98-0399)

35. A parking plan shall be submitted to the Zoning Administrator approval which will provide for new or additional off-street parking for the duration of the new use involved. (ZA 98-0399)


-3-

.. CF 04-0j22 ZA DIR 2003-3688 RV





e. The exact locations of security guards shall include: 6 inside, 4 outside the restaurant (2 in front, 1 in the side alley and 1 in the rear patio) and 1 each at the two leased off-site parking sites.




i. How to effectively move patrons from the club and disperse them without blocking streets or loitering next to the club after closing.

j. Development of a management plan so club security prevents public drinking by patrons waiting in line to enter the club. The goal of these 10 "performance" standards is to develop a well trained "pro active" security force which prevents public nuisances at the business.






-4-

. . CF Q4:-0j22 zA DIR 2003-3688 RV

daily. (ZA 98-0399)


#040122con

-5-

RETURN IN F'iVE DAYS TO

OFFtCE OF

CITY CLERK .M. 395, 200 N. SPRING STREET


"AN EQUAL EMPLOYMENT OPPORTUNITY -AFFIRMATIVE ACTION EMPLOYER"

Jeffrey F. Fax, Es 805 S. Figueroa ., #2600

- ·-. .l&s..Angel.es-;·e'A 90017

9 .,

ll I ltr llrn lJ 1t1tiIIf11 I I II ulil

J. MICHAEL CAREY City Clerk

L1TY OF Los ANGELES Office of the



04-0122

CD 13

March 17, 2004


Bureau of Engineering,

CALIFORNIA

JAMES K. HAHN MAYOR




Fax: (213) 978-1040




Land Development & Mapping Division Department of Building & Safety,


Police Department c/o Zoning Coordinator cc: Residential Inspection Unit

- Mail Stop 115 (see additional notifications)



Attached report adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X Mayor concurred ............................................... -------To the Mayor FORTHWITH ........................................ -------Findings adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X Motion adopted to approve committee report recommendation(s) ···------J?ublication date ............................................... _____ _ Findings adopted .............................................. ·------Negative Declaration adopted .................................. . ------Categorically exempt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X General 1 y exempt .............................................. .

a~~ City Clerk crm


------

Recyclable ar(! merle from recycled waste. @

ST JXTE OF CALIFORNIA ALCOHOLIC BEVERAGE CONTROL 3530 WIL'SHIRE BLVD., STE. 1110

' LOS ANGELES, CA 90013



.,.





David Carlat 8833 Sunset Blvd., #304 West Hollywood, CA 90069




Your

reports as follows:


FILE NO. 04-0122

Committee


CATEGORICAL EXEMPTION and PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to an appeal on corrective Conditions of Approval imposed by the City for nuisance abatement at restaurant/night club known as Club Blue located at 1642 Las PalmasAvenue.




3. RESOLVE TO DENY APPEAL flied by Bruce Edward Perdew, Protestant, from the nuisance abatement determination of the Zoning Administrator to impose corrective condition no. 8 (hours of sales, service and consumption of alcoholic beverages) and corrective condition no. 41 (no after hours use), and THEREBY SUSTAIN all Conditions of Approval imposed by the Zoning Administrator to mitigate adverse impacts caused by the operation of the restaurant/nightclub known as "Club Bluen located at 1642 Las Palmas Avenue.


Fiscal Impact Statements: None submitted by the Zoning Administrator. Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis_ of this report.


(LAST DAY FOR COUNCIL ACTION - MARCH 19, 2004) Summary: At their meeting held on March 3, 2004, the Planning and Land Use Management Committee conducted a public hearing on an appeal flied by Bruce Edward Perdew, appellant/applicant/owner, from the nuisance abatement determination of the Zoning Administrator, to impose corrective condition no. 8 (hours of sales, service and consumption of alcoholic beverages) and corrective condition No. 41 (no after hours use), for continued use and operation of the restaurant/nightclub known as "Club Bluen located at 1642 Las Palmas Avenue.










PLANNING AND LAND USE MANA ENT COMMITTEE VOTE c::;;::> "" ,{) YES --c:coJ! V-. YES - '

WEISS:

YES AA I A Allf BG:ys Vf/0 {} 3-4-04 Enc: DIR 2003-3688 (RV) Attachment: Conditions of Approval CD13 Note: (Notice has been published not


F ,· ,. J ; '11 s • " J I<. f o ,...,..

ADOPTED

LOS ANGELES CITY COUNCIL C •te.-.,or,'ea. I E tt wcfi:/o"' Afprov•J P..&Nc l-/tt&,-1~ He le/

#040122

. . CF 04-0122 ZA DIR 2003-3688 RV






5. A copy of the first page of this grant and all conditions and/or any subsequent appeal of this grant and its result.ant conditions and/or letters of clarification shall be included in the "notes" portion of the building plans submitted to the Zoning Administrator and the Department of Building and Safety for purposes of having a building permit issued. (ZA 98-0399)


7. (Deleted 11-03)


8. (Deleted 11-03)



11. (Deleted 11-03)


-1-

CF 04-0122 ZA DIR 2003-3688 RV















-2-

CF 04-0122 ZA DIR 2003-3688 RV





The applicant shall provide appropriate documentation to substantiate on-going compliance of the applicant with each of the conditions contained herein at the time of filing the Plan Approval Review application. Compliance can be determined based upon photographs, police records, receipts and other similar evidence. Modifications to conditions, as appropriate, may be considered at this time and may include the expansion of hours. (Modified 11-03)








-3-

CF 04-0122 ZA DIR 2003-3688 RV





e. The exact locations of security guards shall include: 6 inside, 4 outside the restaurant (2 in front, 1 in the side alley and 1 in the rear patio) and 1 each at the two leased off-site parking sites. ·,











-4-

. . . . CF 04-0122 ZA DIR 2003-3688 RV

daily. (ZA 98-0399)


#040122con

,,, :,'11

-5-

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RETURN 1N FIVE DAYS TO .:tf• e---.

9FFICE OF

CiTY CLERK ,<rJI. 395, 200 N. SPRING STREET


"AN EQUAL EMPLOYMENT OPPORTUNITY -AFFIRMATIVE ACTION EMPLOYER"

"". . . . '\


·'.<.... ' ·. . - ,. ' : ' .. '.,. t·'•, ... I ·II· ,::fl'i~ \"..;tfl. ~ :1·: 11·.i:•1 .. ·.,H,11,;· 1·, 11·1· I' .·,··1 ·' · -"' ~~~~t~ .~1fo : : ,v~ :::.11:.1.! .• !!!!'!'!fe~.~~.!J r, fH~:!~:'ftf#~:11~r H.:lt:~!~~!~

. --- - ------- ------·--- ..

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rv OF Los ANGELE:.... Office of the CALIFORNIA CITY CLERK


Los Angeles, CA 90012 FRANK T. MARTINEZ

Executive Officer

When maldng inquiries relative to this matter refer to File No.

04-0122

CD 13

March 17, 2004

PLACE IN FILl=S

MAR 2 2 2004

DEPUTY~


Bureau of Engineering, Land Development & Mapping Division

Department of Building & Safety, c/o Zoning Coordinator cc: Residential Inspection Unit

- Mail Stop 115

Council File Information • (218) 978-1048 General Information · (218) 978-1188

Fax: (218) 978-1040





Police Department

(see additional notifications)

RE: AN APPEAL ON CORRECTIVE CONDITIONS OF APPROVAL IMPOSED BY THE CI'I'Y FOR NUISANCE ABATEMENT AT RESTAURANT/NIGHT CLUB KNOWN AS CLUB BLUE AT 1642 LAS PALMAS AVENUE


Attached report adopted........................................ X Mayor concurred ............................................... _____ _ To the Mayor FORTHWITH········································------Findings adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X

· Motion adopted to approve committee report recommendation(s) ... _____ _ Publication date ............................................... _____ _ Findings adopted ............................................... _____ _ Negative Declaration adopted .................................. . ------Categorically exempt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X General 1 y exempt .............................................. .

·« City Clerk crm

@i!)•o AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER

------

Recyclable and made Imm recycled waste. ~


Your

reports as follows:


FILE NO. 04-0122

Committee


CATEGORICAL EXEMPTION and PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to an appeal on corrective Conditions of Approval imposed by the City for nuisance abatement at restaurant/night club known as Club Blue located at 1642 Las Palmas Avenue.

Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:



3. RESOLVE TO DENY APPEAL filed by Bruce Edward Perdew, Protestant, from the nuisance abatement determination of the Zoning Administrator to impose corrective condition no. 8 (hours of sales, service and consumption of alcoholic beverages) and corrective condition no. 41 (no after hours use), and THEREBY SUSTAIN all Conditions of Approval imposed by the Zoning Administrator to mitigate adverse impacts caused by the operation of the restaurant/nightclub known as "Club Blue" located at 1642 Las Palmas Avenue.




(LAST DAY FOR COUNCIL ACTION - MARCH 19, 2004) Summary: At their meeting held on March 3, 2004, the Planning and Land Use Management Committee conducted a public hearing on an appeal filed by Bruce Edward Perdew, appellant/applicant/owner, from the nuisance abatement determination of the Zoning Administrator, to impose corrective condition no. 8 (hours of sales, service and consumption of alcoholic beverages) and corrective condition no. 41 (no after hours use), for continued use and operation of the restaurant/nightclub known as "Club Blue" located at 1642 Las Palmas Avenue.










PLANNING AND LAND USE MANA ENT COMMITTEE VOTE c::;;:::> ""' ,() YES ~ ,r: YES . I

WEISS:

YES ffeftri i Ii llf1 lf BG:ys V/1(/l { / 3-4-04 Enc: DIR 2003-3688 (RV) Attachment: Conditions of Approval CD13 Note: (Notice has been published not


MAR 1 6 2004

#040122

CF 04-0122 ZA DIR 2003-3688 RV








7. (Deleted 11-03)


8. (Deleted 11-03)



11. (Deleted 11-03)


-1-

CF 04-0122 ZA DIR 2003-3688 RV















-2-

CF 04-0122 ZA DIR 2003-3688 RV





The applicant shall provide appropriate documentation to substantiate on-going compliance of the applicant with each of the conditions contained herein at the time of filing the Plan Approval Review application. Compliance can be determined based upon photographs, police records, receipts and other similar evidence. Modifications to conditions, as appropriate, may be considered at this time and may include the expansion of hours. (Modified 11-03)








-3-

CF 04-0122 ZA DIR 2003-3688 RV





e. The exact .locations of security guards shall include: 6 inside, 4 outside the restaurant (2 in front, 1 in the side alley and 1 in the rear patio) and 1 each at the two leased off-site parking sites.











-4-

CF 04-0122 ZA DIR 2003-3688 RV

daily. (ZA 98-0399)


#040122con

-5-

COUNCIL VOTE

Mar 16, 2004 10:22:38 AM, #3

ITEM NO. (4) Voting on Item(s): 4 Roll Call

CARDENAS GARCETTI GREUEL HAHN LABONGE LUDLOW MISCIKOWSKI PARKS PERRY REYES SMITH VILLARAIGOSA WEISS ZINE

Yes Yes Yes Yes Yes Absent Yes Yes Yes Yes Yes Yes Yes Yes Yes *PADILLA

Present: 14, Yes: 14 No: 0

Please fill this form out be JOU leave. It will be picked up from table after the discussion. Thank you, Staff

SPEAKER LIST

DATE: >Ir 6(1.,()tJL I I

ITEM#: --+-y ___ _ NAME DEPT. POSITION

~/?A_ $/C.#A'E/ .A3;.rc £/Ir'/) /A./LJ 1/1,tj_ .:- Al/ Cv()d/.)/U~m/Z.

l-T. S--r:E:V6N 1cu,2 .. u4f)/) 1-/wD VJ(li; !"ICE,... 0/C-

.jFt: r-__,,/1 14~/(_£ Lll!IJ tJCf/-(} JlFr. i.,,...;,,;. (Y~('/l £ fN I

MAR 16 2004

CITY LOS ANGELES SPEAKER .RD

Council File No., Agenda Item, or Case No. I Date

~ ·J(p•6'-/

I wish to speak before the ___ Gt____;c._r~-+---C_o_·1...<... __ t-l_~-=..,,L-""'-------------------Name of ity Agency, Department, Committee or Council

Do you wish to provide general public comment, or to speak for or against a proposal on the agend~) For proposal ""'-. /1 ( ) Against proposal

Name: ~ ~ U ·1 ...0 L.-A:f<.....l.4:\:T: ( ) General comments

Bu~nessorO~a~zatlon~ili~~n: ____________________________ ~

Address: ____________________________________ _ Street City State Zip

Business phone(!'~ l,S~ • 3 "111 Representing: __ C...=_L_L-(.~6'_Bi==-L=l.l..-=:ec.."""-... ________ _

CHECK HERE IF YOU ARE A PAID SPEAKER AND PROVIDE CLIENT INFORMATION BE~~

Client Name: C l 1.. .l. 'B :B L U. i::... Phone #: 'If,~ - 3"'B fo.3 Client Address: } (elf. 2... LAS J?M....h,\ Jti,,& I ,Jo 14,, LUOO b

Street City I State Zip

Please see reverse of card for important information and submit this entire card to the presiding officer or chairperson. MAR 16 2004

PLANNINl:ii. _JD LAND USE MANAGEMENT COl ..... ,TTEE SUGGESTED NOTIFICATION OF COUNCIL ACTION

Council Fiie No. (} L/-0 I~ d--.

Applicant/Appellant/Owner Representative

sign

v·Council Member(s) ~ ~~,~~~~~~---"'"--~~~~~~~~~~~~~~~~~~

Office of the Mayor (w/file) - Section ____ _

/ City Attorney (v.</glue slip) -Attn: r ~ __ City Administrative Officer (CAO)

. Chief Legislative Analyst (CLA) ·

7 City Planning Department -Attn:~ /6.c--l~ City Planning Commission -Attn: Gabriele Williams (w/copy of Ordinance)

(ZC; HD; BL; HE; HPOZ; GPA; SPE; CPU; CPR; CA; ICO; TOD; SP; CDO)

Director of Planning <same as eommissionJ

V"". Office of Zoning Administration - (all ZA cases; cu; 'Z),IJ

Advisory Agency - (PM; TI; cPu; CPR; CA; 1co; TOD; SP; cooi

Community Planning Section - (ORB; CPU; CPR; CPE; TI; PM; Ck, ICO; COO; HE)

Geographic Information Section - Attn: Fae Tsukamoto - csame as eomm1ss1onJ

__ Information Technology Agency - (large projects)

V Bureau of Engineering, Land Development & Mapping Division -(generally most cases)

~ Department of Transportation, Traffic/Planning Sections - (generally most cases)

v/ Department of Building & Safety c/o Zoning Coordinator - (generally most cases)

v· Residential Inspection Unit- Mail Stop 115 - (SPE; HE; CU; ICO;ZC;generallymostcases)

_· _ Bureau of Street Lighting, "B" Permit Section - (allzonlngcasesJ

__ Department of Water and Power - (DB & large projects)

__ Fire Department - ca11 zoning & hillside casesJ

V Police Department. (beer & w1ne; adu1t entertainment. revocat1onsJ

__ Community Development Department

~ Los Angeles County Assessor - ccu appears & large projects)

7/03

CF 04-0122 DIR 2003-3688 RV #0401221ab.

DAVID ~HIMA, ZA PLANNlf>IGDEPARTMENT OFFICliOF ZONING ADMINISTRATION rH F/ooR, CITY HALL STO~: 395

~ VINCE Q~RIANO REVOCATIO TRACKING PLANNIN EPARTMENT rH FLOO , CITY HALL STOP:.395

/ DE . OF BUILDING & SAFETY Matt llerman 500 Sha Pl, #500 LOS ANG

I ES, CA 90012

STOP: 11V /

J LAP!i)':..CRIMINAL INTELLIGENCE RO'™ 602, PARKER CENTER LOS ANGELfS, CA 90012

/

STOP:,40'0 t

STATE OF CALIFORNIA ALCOHOLIC BEVERAGE CONTROL 3530 WILSHIRE BLVD., STE.1110 LOS ANGELES, CA 90013



CHIEF ZONtt.i~MINISTRATOR PLANNI~PARTMENT OFFIClt'OF ZONING ADMINISTRATION rH F~OR, CITY HALL STOP:~.

\ MICHAEL KLE(}kNER LAND USE QlVISION, CITY ATTORNEY 200 N. M~N ST., RM. 1800, CHE

STOP(140

',,,,,

Dept. Of s'und1ng & Safety Dave Vaccaro } 3550 Wilshir~·Blvd., Ste. 1800 Los Angele$, CA 90010 STOP: 115

SCOTT~-CJ::IASSE,COMMANDER LAPD-CRIMINAb, INTELLIGENCE 150 N. LOS ANGELES ST., RM. 602 LOS ANGELES, CA 90012 STOP: 400





COUNCIJ,.~ARCETTI PLANN1NG LIAISON cou~~L DISTRICT NO. 13

'~ •,, ,. \

JERI BURG ) LAND USEJ!)IVISION, CITY ATTORNEY 200 N. MAlN ST., RM.1800, CHE

STOP(140 '"1~,, Eaton DiAng~llo LAPD-ocvDJ 419 s. ~{NG ST., RM. 600 LOS ANGELES, CA 90012 STl?P: 933

"·"' '-...

LAPD - Holl~ood Vice Ed Sakowski 1)58 N. Wilcox Ave. SIQ,!l;A06




CITY OS ANGELES SPEAKER


~[)~ l 1)::'A'{ :# z_

Name of City Agency, Department, Committee or Council

Do you wish to provide general public comment, or to speak for or against a proposal on the agenda? (',() For proposal Prtf'?-J. r.::::, r::- r-, ""- ( ) Against proposal

Name: ~ \ q~/E,c/V ( ) General comments

BusinessorO~an~ation~il~tion:~~~G~U-~~~~~~~~~~~-------------------~

Address: { wt::\CZ-- ~ f'ftUJ\/\S AV LJ\. u_ :1\-z.,o, Street City State Zip

Business phone: ·o:z~LJ.&~·3f5' b ~ Representing: -=c"-', ["""-·,,._l)--"'~-};),.,...........l"""-,,.V=-=--fz------------


Client Address: ---=-------------c:c"'.""""---------------------Street City State Zip

Please see reverse of card for important information and submit this entire card to the presiding officer or chairperson. /

"

c1Tv C:Cs ANGELES SPEAKER ---I Date

7-? -0'1 Council File No., Agenda Item, or Case No.

1-tez. ~ ff l..

l~sh~~~kb~orafue ____ P_l_v_~ __ C_o~h~~~'-~~e_~_~-----------------Name of City Age~cy. Department, Committee or Council J

Do you wish to provide general public comment, or to speak for or against a proposal on the agenda? ~ proposal Prf rt ( ) Against proposal ( ) General comments Name: 124,G hoe.ti S[e !Jk ,-

Business or O~an~ation~iliation:_C~'~~~~~~~~~-u-~----------------------

Address: /6, l/ L 411' fJA/AA,f /.k1J IJ wo4'1 Street City 7 State

Business phone: pl.J 4/'r .. Jf&} Representing: _ ___,__C-/_v'--ll=------_..,_tf,,__.A--_"e..--"-------------


C Client Address:-------------------------------------Street City State Zip


CITY LOS ANGELES SPEAKER D

I Date

3 /-;,/by Council File No., Agenda Item, or Case No.

I wish to speak before the Pt,UM COMM. rne-E: . Name of City Agency, Department, Committee or Council _ _J

Do you wish to provide general public comment, or to speak for or against a proposal on the agenda? ( ~oposal Aflf ( ) Against propo;a{ '

Name: M \. l, \::\:i?(Ek B::, R,~ SJ:BI N ( ) General comments

B~ine~orO~~~doo~l~fun: __ C~L~U~B--~~~L~U~~~-----------------~

Address: l "'-\ 2- LA-$ A'-\"LM,~ Ht>t L'i wcao G&::: Street City State Zip

Business phone: Q 'lJ) LlC:JS-3~'23 Representing: --'Q=-· _,L=-l ...... > ...... «...___,\3=-L>\.,.,.;0,.;;;;....;:~:;__------------

CHECK HERE IF YOU ARE A PAID SPEAKER AND PROVIDE CLIENT INFORMATION BELOW: ~ Client Name: C-LD {3 ~ \...,UE:; Phone #:~2'3') L\b~ -~365

Client Address: { C:, "i :2- L.ft> t1¥tLM{tS Street

>fol L <r 4006 D City

~& State Zip


CITY OS ANGELES SPEAKER

I Date Council File No., Agenda Item, or Case No.

I wish to speak before the k U v'\I)_ Ct, ~ ffi I ::o::J=-.S. Name of City Agency, Department, Committee or Council . . J

Do you wish to provide general public comment, or to speak for or against a proposal on the ag~) For proposal Afp£ ~ () ·_ ..... ,!::I ,j ~'i.AL- ( ) Against proposal

Name: ~A,{)11) ~ ( ) General comments

B~n~orO~~~~M~~~-'-~----~--~--~--~-------------------

Address: J &>lfJ.--- J e~ f a..l W\. ~ I ~,4 ' ~7eet City State Zip

Business phone:?P'(f5~ ... :; ~1] Representing: -~ __ U-$__.;;_ __ ;__;:_-'=----~~------

CHECK HERE IF YOU ARE A PAID SPEAKER AND PROVIDE CLIENT INFORMATION BELOW:

Client Name: ~ ]__Lot.L Phone#: ____ _

Client Address: J l..t, ~'--:-to~ 'P ~AS J~S\- ~ Street City State Zip


Daily Journal - publish on o Newspaper

ore - February 6, 2004

PUBLIC NOTICE

The Planning and Land Use Management Committee of the Los Angeles City Council will consider on Wednesday, March 3, 2004 at approximately 2:00 p.m. or soon thereafter in Room 1010, 200 North Spring Street, Los Angeles, CA 90012, an appeal filed by Bruce Edward Perdew, protestant, from part of the Zoning Administrator's determination to impose Corrective Condition No. 8 (hours of sales, service and consumption of alcoholic beverages) and Condition No. 41 (no after hours use) for the continued use of the restaurant/night club known as "Club Blue" located at 1642 Las Pal mas Avenue, for the operation of the restaurant/nightclub in order to mitigate adverse impacts caused by its operation.

Applicant: City of Los Angeles (Office of Zoning Administration)

In addition, the Los Angeles City Council will conduct a public hearing on Tuesday, March 16, 2004, at approximately 10:00 a.m., or as soon thereafter as the matter can be taken up, in the John Ferraro Council Chamber, Room 340, at 200 N. Spring Street, Los Angeles, CA 90012. A copy of the Council file Number 04-0122 may be examined in the Office of the City Clerk. Written comments may be submitted to the Council, addressed in care of the City Clerk, Room 395, City Hall, at the above address.


#040122pub

J. MICHAEL CAREY, CITY CLERK of the City of Los Angeles

October 31, 2003

LOS ANGELES CITY COUNCIL Eric Garcetti

Couneilmember, District 13

Mr. Dave Kabashima, AZ.A City of Los Angeles 200 North Spring Street, ~ floor Los Angeles, CA 90012

RE: ZA 03-2409 CUB CUX DIR 03 - 3688 RV 1642 Las Palmas Avenue

Mr. Kabashima;

I am writing to state my concern about the proposed conditional use permit application filed by the owners of Club Blue. This business has been problematic for quite some time. My staff has followed the related City proceedings closely since I took office in June 2001. While · I am well aware that the intensity of complaints lodged against the Club have ebbed and. flowed over the years, what has· been consistent is the business owners' unwillingness to cooperat~ with City officials and build bridges of communication with their neighbors.

I appreciate the effort that has been made on behalf of the business owners by David Carlat, their consultant. But the right time to pursue a dialogue was between February 2002 and May 2002, when the Club's Plan Approval was scheduled to be submitted. The Captain of Hollywood Division, LAPD, and his Vice Unit continue to express opposition to the continued operation of this establishment, and I defer to their best judgement on issues related to public safety.

I appreciate your careful consideration of this case.

Sincerely,

ERICGARCITTI .Councilmember, 13th District

Cc: Capt. Downing, Hollywood Division, LAPD Mr. Carlat, Consultant Messrs. Perdew, Club Blue

200 North Spring Street, Room 470 • Los Angeles CA 90012 • (213) 473-7013 • (213) 613-0819 fax • [email protected] ------~-~-- --------- . --·· . -- ·@•4.,,_. - - 4 - - - . . - Ciii - . - 44 4 , ,£ - ' . . . . . . . ..

\ '·~ · .. . ',·bt··· . . · .. · c .· . BETl'ER TECHNOLOGY CORPORATION . .

. 201 N. Los Angeles st., Ste.13~ Los Angeles, CA 9Q012.

14540 Sylvan St., Ste. A Van:,Vuys, ~.91411

(~18) 779-8866 Fax"(818) 779-8870

(213)'617-9600 . · Fax (213) 617~9643 Malling Affidavit

City Planning Commission Case No.-----

·cF.No. ~~-04-\J\~

. ·zoning Administrator r C.'X.-, o , J Case No. z. ~ --@oO~ - :)IO b b "v .

Coastal Permit . Case No. · -----Design ~evlew Board Case No •. ____ _

Deputy Advisory Agency Tentative Trapt No .. ____ _

Parcel Map No.------

Private· Street No. -----

Area Planning Commission Central, Harbor,.sv, ELA, SLA, WLA, NV Case No.--------

streADoREss: l~L\~ lA-to. PA-Lrn'f\'=> A\J~J0U..E...

I, \'( AN0 G.-t. \-\-(<.... .. · · certify that Lam ~n employee of .. BTC, a · contractor of the Clty~~s Angeles, Deg,artment of Cit}! PJ,n11lng; State of California,

. and I did, on the ~ - day· of r,e..f:?Q.CA ~R. \' ,·2004,mall, postage prepaid, to the applicant and all parties required by the Municipal Code, as detailed on the official ownership list, a notice of hearing, a true copy of which I~ ·attached.

>< 600-foot radius ___ . Abutting the subject site

>< Owners and Occupants . ___ Tenant Notice

100-foot coastal notice ------State Coastal Commlssldn .. ___ . Adjacent City Qes) >< Applicant and Representative (where Indicated) : _city_ Council Office _city_ Newspaper Notice . · . ..

X LA Unified School District, LA County Regional Planning ___ Caltrans · ___ Council's Own Initiative , ___ Metropolitan .Transit Authorlty .

. >s Certified Neighborhood Council (Dept. of Neighborhood Empowerment} _ci~...:...,_ Homeowners Associations ,

K_ Other ~ o~ ~ -G:,s)-.)' L ~ev6

There Is a regular dally communlcation and service by mall between the City of Los Ang las and each of the Addresses to which notices were malled.

' .

8 C Hearing Notice Mailing Clerk


CITY OF LOS ANGELES CALIFORNIA

Offlce of the

CITY CLERK Council and PubUc Senices

Boom 891S, Olty Ball Los Angeles, CA 90012

FRANK T. MAin'INEZ Exeeutlve Officer

When Jll8ldn, tnqulriee relative to this matt.er refer to File No.

Council File Information • (213) 9711-1043 General Information· (213) 978-1133

Fu: (218) 978-16'o

....

CF04-0122 ZA 2003-3688 RV CD13

JAMES K. HAHN MAYOR

BELEN GINSBURG Chief, Council and l'abllc Senices Dlvlal.on

February 6, 2004

NOTICE TO PROPERTY OWNERS/OCCUPANTS WITHIN A SQQ-FOOT RADIUS

You are hereby notified that the Planning and Land Use Management Committee of the Los Angeles City Council will consider, on Wednesday. March 3, 2004, at approximately 2:00 p.m. or soon thereafter In Room 1010, 200 North Spring Street, City Hall, an appeal filed by Bruce Edward Perdew, protestant, from part of the Zoning Administrator's determination to impose Corrective Condition No. 8 (hours of sales, service and consumption of alcoholic beverages) and Condition No. 41 (no after hours use) for the continued use of the restaurant/night club known as "Club Blue" located at 1642 Las Palmas Avenue, for the operation of the restaurant/nightclub in order to mitigate adverse impacts caused by its operation.

Applicant: City of Los Angeles (Office of.Zoning Administration)

The full Los Angeles City Council will also conduct a public hearing on this matter on Tuesday, March 16, 2004, at approximately 10:00 a.m. or soon thereafter in John Ferraro Council Chamber, Room 340, City Hall at 200 North Spring Street.

If you are unable to appear at these hearings, you may submit your comments in writing. The file and appeal referred to above can be reviewed In the Office of the City Clerk .. Written comments may be addressed to the City Clerk, Room 395, City Halt, 200 North Spring Street, Los Angeles, CA 90012.


lhn. k. -~ B~~=s Legislative Assistant Planning and Land Use Management Committee, 213-978-1068

Note: If you challenge this proposed action in court, you may be limited to raising only those Issues you or someone else raised at the public hearing described In this notice, or In written correspondence delivered to the City Clerk at, or prior to, the public hearing. Any written correspondence delivered to the City Clerk before the City Council's final action on a matter wlU become a part of the administrative record. The time In which you may seekjudiclal review of any final action by the City Council ls limited by Ceilfomla Code of Civil Procedure Section 1094.6 which provides that an action pursuant to Code of Civil Procedure Section 1094.5 challenglng the CouncU's action must be filed no later than the 90th day following the date on which the Council action becomes final.

#0401221tr

AN IE«;tUAL EMPLOYMENT OPPORTUNITY - AF'P'IRMATIVE ACTION EMPLOYER

. .

I. PAOLO &·FLORA GRECO 4824 LOS FELIZ Blvd. LOS ANGELES, CA 90027-1737

4. CROSSROADS OF THE WORLD C/0 MORTON LAKRETZ 1575 SELMA AVE. LOS ANGELES, CA 90028

7. MORTON & ROSALIE LA KRETZ 1575 SELMA AVE. LOS ANGELES, CA 90028

10. CINEMATHEQUE AMERICAN 1800 NHIGHLAND AVE. #717 HOLLYWOOD, CA 90028

13. CINEMATHEQUE AMERICAN 6708 HOLLYWOOD Blvd. HOLLYWOOD, CA 90028

16. JOSEPH SIMON P.O. BOX 186 CATHEYS VALLEY. CA 95306

19. MUSICIANS INSTITUTE INC. 1621 N MCCADDEN PL LOS ANGELES, CA 90028

22. RODMAN & WILLIAM MAXSON 116 PEARL AVE. EWPORT BEACH, CA 92662

25. PAOLO & FLORA GRECO 4824 LOS FELIZ Blvd. LOS ANGELES, CA 90027

OWNERS LIST 1642 N. LAS P ALMAS A VE. LOS ANGELES, CA 90028

2. JOSEPH SIMON P.O. BOX 186 CATHEYS VALLEY, CA 95306

5. LINDA DUTTENHA VER 6671 W SUNSET Blvd. #1575 HOLLYWOOD, CA 90028

8. FIRST BAPTIST CHURCH OF HOLLYWOOD 6682 SELMA A VE. LOS ANGELES, CA 90028 11. JOSEPH & JOHN SIMON 1618 N. LAS PALMAS AVE. HOLLYWOOD, CA 90028

14. IRVING & BONNIE FULLER 8727 W 3Rd. ST. #208 LOS ANGELES, CA 90048

17. MORTON LA KRETZ 6671 W SUNSET Blvd. #1575 HOLLYWOOD, CA 90028

20. DAVID WATSON 6762HAWTHORN AVE. HOLLYWOOD, CA 90028

23. BUILDING MANAGEMENT SVCS. 1710 IVAR AVE. LOS ANGELES, CA 90028

26. AARON & EUGENE EPSTEIN 10850 RIVERSIDE Dr.# 412 NORTH HOLLYWOOD, CA 91602

3. SHA! & GEORGE ULLMAN JR. 1618 N LASPALMAS AVE. HOLLYWOOD, CA 90028

6. ARCHDIOCESE OF LA EDUCATION & WELFARE 3424 WILSHIRE Blvd. LOS ANGELES, CA 900 IO 9. MORTON LADRETZ 6671 W SUNSET Blvd. #1575 LOS ANGELES, CA 90028

12. SHAHPARROUHANI 8306 WILSHIRE Blvd. #323 BEVERLY IDLLS, CA 90211

15. JOSEPH E. SIMON P.O. BOX 186 CATHEYS VALLEY, CA 95306

18. GEORGE ULLMAN 6671 W SUNSET Blvd. #1575 --;,. LOS ANGELES, CA 90028

21. ESP CO LTD 165 5 N MCCADDEN PL. HOLLYWOOD, CA 90028

24. 6741 HOLLYWOOD ASSOC. LLC 849 S BROADWAY LOBBY LOS ANGELES, CA 90014

27. 6753 HOLLYWOOD ASSOCIATES 849 S BROADWAY LOS ANGELES, CA 90014-3206

-:3. OUTPOST BLDG. CO. ADOLFO SUAYA HOLLYWOOD PLAZA ASSOC. 849 S. BROADWAY #908

2118 WILSHIRE BLVD. #421 8249 MARMONT LN.

LOS ANGELES, CA 90014 SANTA MONICA, CA 90403 LOS ANGELES, CA 90069

3'1. 32. 33. PANDORA VICTOR ULLMAN INVESTMENTS LTD ANN JONES P.O. BOX786 1618 N. LAS PALMAS A VE. 6667 HOLLYWOOD BL VD. REDONDO BEACH, CA 90277 HOLLYWOOD, CA 90028 LOS ANGELES, CA 90028

34. 35. 36. ROSEKEEGEL ANN JONES MANOUCHER KHORSHIDI 7249 FRANKLIN A VE. 6667 HOLLYWOOD BL VD. 1856 LOMA VISTA DR. LOS ANGELES, CA 90046 LOS ANGELES, CA 90028 BEVERLY HIT.LS, CA 90210

37. 38. 39. BERNICE AARON SEONPARK AMBER ENTERPRISES INC. 15260 VENTURA BLVD. #680 22448 CA;O[ATROA DR/ 6648 HOLLYWOOD BL VD. SHERMAN OAKS, CA 91403 CALABASSAS, CA 91302 LOS ANGELES, CA 90028

40. 41. 42. 6622 HOLLYWOOD BL VD. PTRS. JOSEPH SIMON LA UNIFIED SCHOOL DIST. 11022 SANTA MONICA BLVD. P.O.BOX 186 P.O. BOX2298 LOS ANGELES, CA 90025 CATHEYS VALLEY, CA 95309 LOS ANGELES, CA 90051

43. 44. 45. ORIENT INC. WOW PRODUCTIONS LLC ELLIOT & RONALD MENASHE 37 ROLLINGWOOD DR. 6671 SUNSET BL VD. #1590 1200 W. OLYMPIC BL VD. ROLLING HJLLS EST A TES, CA 90274

HOLLYWOOD, CA 90028 LOS ANGELES, CA 90012

46. 47. 47A.. JACK ARIAN & ASSOC. BEN &ZELDA DAN CITY OF LA-GEN'L SRVCS. 503 N. VICTORY BLVD. 8105 CANBY A VE. #1 200 N. SPRING ST. BURBANK, CA 91502 RESEDA, CA 91335 LOS ANGELES, CA 90012

48. 02-2247 02-2247 MI CELIS LAS P ALMAS INC. ROD PERDEW AL PRATT 3655 CAHUENGA BL VD. 1642 N LAS PALMAS A VE. 22225 LEADWELL ST. LOS ANGELES, CA 90068 HOLLYWOOD, CA 90028 CANOGA PARK, CA 90019

COUNCIL DISTRICT #13 CENTRAL HOLLYWOOD CC 200 N. SPRING ST. #455 DEBBIE WEHBE LOS ANGELES, CA 90012 1248 N. HIGHLAND AVE.

HOLLYWOOD, CA 90038

OCCUPANT LIST 1642 N. LAS PALMAS AVE.

LOS ANGELES, CA90028

1. 2. 2. OCCUPANT OCCUPANT OCCUPANT 1642 N. LAS PALMAS AVE. 618 N. LAS PALMAS AVE 1643 N. CHEROKEE A VE. LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

3. 4. 5. OCCUPANT OCCUPANT OCCUPANT 1618 N. LAS PALMAS AVE. 1608 N. LAS PALMAS AVE. 1606 N. LAS PALMAS AVE. LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

5. 6. 6. OCCUPANT OCCUPANT OCCUPANT

• 1602 N. LAS PALMAS AVE. 6636 SELMA A VE. 6641 SELMA A VE. LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

6. 6. 7. OCCUPANT OCCUPANT OCCUPANT 6657 SELMA A VE. 6657 SUNSET BL VD. 6669 W. SUNSET BL VD. LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

7. 7. 7. OCCUPANT OCCUPANT OCCUPANT 6671 W. SUNSET BLVD. 6677 W. SUNSET BL VD. 6679 W. SUNSET BL VD. LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

7. 7. 7. OCCUPANT OCCUPANT OCCUPANT 1502 SELMA AVE. 1503 SELMA AVE. 1504 SELMA A VE. LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

7. 7. 7. OCCUPANT OCCUPANT OCCUPANT 1505 SELMA A VE. 1509 SELMA AVE. 1511 SELMA AVE. LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028


7. 7. 7. OCCUPANT OCCUPANT OCCUPANT 1525 SELMA A VE. 1527 SELMA A VE. 1529 SELMA A VE. LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

7. 7. 7. OCCUPANT OCCUPANT OCCUPANT 1533 SELMA AVE. 1508 SELMA A VE. 1510 SELMA AVE. LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028



7. 7. 7. OCCUPANT OCCUPANT OCCUPANT 1550 SELMA AVE. 1554 SELMA A VE. 1574 SELMA A VE. LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

7. 7. 7. OCCUPANT OCCUPANT OCCUPANT 1574B SELMA A VE. 1580 SELMA A VE. 1582 SELMA AVE. LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028


7. 7. 7. OCCUPANT OCCUPANT OCCUPANT 1588 SELMA A VE. 1590 SELMA A VE. 1592 SELMA A VE. LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028


7. 7. 7. OCCUPANT OCCUPANT OCCUPANT 1583 SELMA AVE. 1585 SELMA AVE. 1587 SELMA AVE. LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028


7. 8. 9. OCCUPANT OCCUPANT OCCUPANT 1597 SELMA A VE. 6682 SELMA A VE. 1535 N. LAS PALMAS AVE. #I LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

9. 9. 9. OCCUPANT OCCUPANT OCCUPANT 1535 N. LAS PALMAS AVE. #2 1535 N. LAS PALMAS AVE. #3 1535 N. LAS PALMAS AVE. #4 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028



9. 9. 9. OCCUPANT OCCUPANT OCCUPANT 1535 N. LAS PALMAS AVE. #II 1535 N. LAS PALMAS AVE. #12 1535 N. LAS PALMAS AVE. #13 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028








9. 9. 9. OCCUPANT OCCUPANT OCCUPANT 1545 N. LAS P ALMAS A VE. #2 1545 N. LAS PALMAS AVE. #3 1545 N. LAS PALMAS AVE. #4 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028



9. 9. 9. OCCUPANT OCCUPANT OCCUPANT 1545 N. LAS PALMAS AVE. #11 1545 N. LAS PALMAS AVE. #12 1545 N. LAS PALMAS A VE. #13 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028




9. 9. 9. OCCUPANT OCCUPANT OCCUPANT 1545 N. LAS PALMAS AVE. #23 1545 N. LAS PALMAS AVE. #24 1545 N. LAS P ALMAS A VE. #25 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

9. 9. 9. OCCUPANT OCCUPANT OCCUPANT 1545 N. LAS P ALMAS A VE. #26 1545 N. LAS PALMAS AVE. #27 1545 N. LAS PALMAS AVE. #28 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028


9. 9. 9. OCCUPANT OCCUPANT OCCUPANT 1545 N. LAS PALMAS AVE. #32 1545 N. LAS P ALMAS A VE. #33 1555 N. LAS PALMAS AVE.# 1 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

9. 9. 9. OCCUPANT OCCUPANT OCCUPANT 1555 N. LAS PALMAS AVE. #2 1555 N. LAS P ALMAS A VE. #3 6718 SELMA AVE.# 1 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

9. 9. 9. OCCUPANT OCCUPANT OCCUPANT 6718 SELMA A VE. # 2 6718 SELMA A VE.# 3 6718 SELMA AVE.# 4 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

9. 9. 9. OCCUPANT OCCUPANT OCCUPANT 6714 SELMA A VE. 6716 SELMA AVE. 6712 SELMA A VE. #1 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

9. 9. 9. OCCUPANT OCCUPANT OCCUPANT 6712 SELMA A VE. #2 6712 SELMA AVE. #3 6712 SELMA AVE. #4 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

9. 9. 9. OCCUPANT OCCUPANT OCCUPANT 6710 SELMA A VE.# 6704 SELMA AVE. #I 6704 SELMA A VE. #2 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

9. 9. 9. OCCUPANT OCCUPANT OCCUPANT 6704 SELMA A VE. #3 6704 SELMA A VE. #4 6702 SELMA AVE. #1 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

9. 9. 9. OCCUPANT OCCUPANT OCCUPANT 6702 SELMA A VE. #2 6702 SELMA AVE. #3 6700 SELMA AVE. #1 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

9. 9. 11. OCCUPANT OCCUPANT OCCUPANT 6700 SELMA A VE. #2 6700 SELMA A VE. #3 1625 N. LAS PALMAS AVE. LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

11. 11. 11. OCCUPANT OCCUPANT OCCUPANT 1637N. LAS PALMAS AVE. 1639 N. LAS P ALMAS A VE. 1641 N. LAS PALMAS A VE. LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

11. 11. 11. OCCUPANT OCCUPANT OCCUPANT 1643 N. LAS PALMAS AVE. 1645 N. LAS PALMAS AVE. 1647 N. LAS PALMAS AVE. LOS ANGELES. CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

11. 12. 12. OCCUPANT OCCUPANT OCCUPANT 1649 N. LAS PALMAS AVE. 6700 HOLLYWOOD BL VD. 6702 HOLLYWOOD BL VD. LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

13. 14. 14. OCCUPANT OCCUPANT OCCUPANT 6712 HOLLYWOOD BL VD. 6718 HOLLYWOOD BLVD. 6720 HOLLYWOOD BL VD. LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

15. 15. 15. OCCUPANT OCCUPANT OCCUPANT 1625 N. LAS PALMAS AVE. 1637N. LAS PALMAS AVE. 1639N. LAS PALMAS AVE. LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

15. 15. 15. OCCUPANT OCCUPANT OCCUPANT 1641 N. LAS PALMAS AVE. 1643 N. LAS PALMAS AVE. 1645 N. LAS PALMAS AVE. LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

15. 15. 19. OCCUPANT OCCUPANT OCCUPANT 1647 N. LAS PALMAS AVE. 1649 N. LAS P ALMAS A VE. 6752 HAWTHORN A VE. LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

20. 21. 22. OCCUPANT OCCUPANT OCCUPANT 6750 HAWTHORN A VE. 6779 HAWTHORN A VE. 6752 HOLLYWOOD BLVD. #IA LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

22. 22. 22. OCCUPANT OCCUPANT OCCUPANT 6752 HOLLYWOOD BL VD. #2A 6752 HOLLYWOOD BL VD. #3A 6752 HOLLYWOOD BL VD. #4A LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

22. 22. 22. OCCUPANT OCCUPANT OCCUPANT 6752 HOLLYWOOD BLVD. #SA 6752 HOLLYWOOD BL VD. #6A 6752 HOLLYWOOD BL VD. #7 A LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

22. 22. 22. OCCUPANT OCCUPANT OCCUPANT 6752 HOLLYWOOD BL VD. #8A 6752 HOLLYWOOD BL VD. #IB 6752 HOLLYWOOD BL VD. #2B LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

22. 22. 22. OCCUPANT OCCUPANT OCCUPANT 6752 HOLLYWOOD BL VD. #3B 6752 HOLLYWOOD BL VD. #4B 6752 HOLLYWOOD BL VD. #5B LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

22. 22. 22. OCCUPANT OCCUPANT OCCUPANT 6752 HOLLYWOOD BL VD. #6B 6752 HOLLYWOOD BL VD. #7B 6752 HOLLYWOOD BL VD. #8B LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

23. 24. 24. OCCUPANT OCCUPANT OCCUPANT 6724 HOLLYWOOD BL VD. 6741 HOLLYWOOD BL VD. 6743 HOLLYWOOD BL VD. LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

24. 24. 25. OCCUPANT OCCUPANT OCCUPANT 6745 HOLLYWOOD BL VD. 1710 MC CADDEN PL. 6735 HOLLYWOOD BL VD. LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

25. 26. 26. OCCUPANT OCCUPANT OCCUPANT 6739 HOLLYWOOD BL VD. 6727 Yi HOLLYWOOD BL VD. 6729 1/8 HOLLYWOOD BL VD. LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

26. 26. 26. OCCUPANT OCCUPANT OCCUPANT 6729 % HOLLYWOOD BL VD. 6727 5/8 HOLLYWOOD BL VD. 6727 Yi HOLLYWOOD BL VD. LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

26. 26. 26. OCCUPANT OCCUPANT OCCUPANT 6727 3/8 HOLLYWOOD BL VD. 6727 IA HOLLYWOOD BL VD. 6727 1/8 HOLLYWOOD BL VD. LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

26. 29. 29. OCCUPANT OCCUPANT OCCUPANT 6727 HOLLYWOOD BL VD. 6689 HOLLYWOOD BL VD. 6701 HOLLYWOOD BLVD. LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028


29. 29. 29. OCCUPANT OCCUPANT OCCUPANT 6717 HOLLYWOOD BL VD. 6719 HOLLYWOOD BLVD. 6721 HOLLYWOOD BLVD. LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

29. 29. 29. OCCUPANT OCCUPANT OCCUPANT 6723 HOLLYWOOD BL VD. 6715 HOLLYWOOD BLVD. #212 6715 HOLLYWOOD BL VD. #204 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

29. 29. 29. OCCUPANT OCCUPANT OCCUPANT 6715 HOLLYWOOD BL VD. #210 6715 HOLLYWOOD BLVD. #208 6715 HOLLYWOOD BL VD. #200/202

LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

29. 29. 29. OCCUPANT OCCUPANT OCCUPANT 6715 HOLLYWOOD BLVD. #297 6715 HOLLYWOOD BLVD. #291 6715 HOLLYWOOD BLVD. #272 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028



29. 29. 29. OCCUPANT OCCUPANT OCCUPANT 6715 HOLLYWOOD BLVD. #292/294 6715 HOLLYWOOD BLVD. #212 6715 HOLLYWOOD BLVD. #291 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028


29. 29. 29. OCCUPANT OCCUPANT OCCUPANT 6715 HOLLYWOOD BLVD. #284 6715 HOLLYWOOD BL VD. #286 6715 HOLLYWOOD BLVD. #202 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028


30. 30. 31. OCCUPANT OCCUPANT OCCUPANT 6685 HOLLYWOOD BL VD. 6687 HOLLYWOOD BL VD. 1714 N. LAS PALMAS AVE. LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028


33. 33. 34. OCCUPANT OCCUPANT OCCUPANT 6673HOLL YWOOD BL VD. 6675 HOLLYWOOD BL VD. 1733 N. CHEROKEE AVE. #1 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

34. 34. 34. OCCUPANT OCCUPANT OCCUPANT 1733 N. CHEROKEE A VE. #2 1733 N. CHEROKEE A VE. #3 1733 N. CHEROKEE AVE. #4 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

34. 34. 34. OCCUPANT OCCUPANT OCCUPANT 1733 N. CHEROKEE A VE. #5 1733 N. CHEROKEE A VE. #6 1733 N. CHEROKEE A VE. #7 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028


34. 34. 34. OCCUPANT OCCUPANT OCCUPANT 1733 N. CHEROKEE AVE. #11 1733 N. CHEROKEE AVE. #12 1733 N. CHEROKEE AVE. #13 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028



34. 34. 34. OCCUPANT OCCUPANT OCCUPANT 1733 N. CHEROKEE AVE. #20 1733 N. CHEROKEE AVE. #21 1733 N. CHEROKEE A VE. #22 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

34. 34. 34. OCCUPANT OCCUPANT OCCUPANT 1733 N. CHEROKEE AVE. #23 1733 N. CHEROKEE A VE. #24 1733 N. CHEROKEE AVE. #25 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028


34. 34. 34. OCCUPANT OCCUPANT OCCUPANT 1733 N. CHEROKEE A VE. #29 1733 N. CHEROKEE A VE. #30 1733 N. CHEROKEE AVE. #31 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

36. 36. 36. OCCUPANT OCCUPANT OCCUPANT 6655 HOLLYWOOD BL VD. #3A 6655 HOLLYWOOD BL VD. #4 6655 HOLLYWOOD BL VD. #5 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

36. 37A. 37A. OCCUPANT OCCUPANT OCCUPANT 6655 HOLLYWOOD BL VD. #10 1718 N. CHEROKEE AVE. #A 1718 N. CHEROKEE AVE. #B LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

37A. 37. 37. OCCUPANT OCCUPANT OCCUPANT 1718 N. CHEROKEE A VE. #C 6611 ~HOLLYWOOD BLVD. 6613 HOLLYWOOD BLVD. LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

37. 37. 37. OCCUPANT OCCUPANT OCCUPANT 6615 HOLLYWOOD BLVD. 6617 HOLLYWOOD BL VD. 6619 HOLLYWOOD BL VD. LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

37. 37. 37. OCCUPANT OCCUPANT OCCUPANT 6621A HOLLYWOOD BL VD. 6623 HOLLYWOOD BL VD. 6623A HOLLYWOOD BL VD. LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028



38. 39. 39. OCCUPANT OCCUPANT OCCUPANT 6620 1h HOLLYWOOD BL VD. 6638 HOLLYWOOD BL VD. 663 8 1h HOLLYWOOD BL VD. LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

39. 39. 39. OCCUPANT OCCUPANT OCCUPANT 6640 HOLLYWOOD BLVD. 6644 HOLLYWOOD BLVD. 6648 HOLLYWOOD BL VD. LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028

39. 39. 39. OCCUPANT OCCUPANT OCCUPANT 1652 N. CHEROKEE A VE. 1654 N. CHEROKEE AVE. 1656 N. CHEROKEE AVE. LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028





39. 39. 39. OCCUPANT OCCUPANT OCCUPANT 6646 N. CHEROKEE AVE. #218 6646 N. CHEROKEE A VE. #219 6646 N. CHEROKEE A VE. #220 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028 LOS ANGELES, CA 90028


39. OCCUPANT 6646 HOLLYWOOD BL VD. #224 LOS ANGELES, CA 90028


40. OCCUPANT 6622 HOLLYWOOD BL VD. LOS ANGELES, CA 90028



44. OCCUPANT 1655 N. CHEROKEE A VE. #100 LOS ANGELES, CA 90028

44. OCCUPANT 1655 N. CHEROKEE A VE. #4TH FL. LOS ANGELES, CA 90028



48. OCCUPANT 1642 N. LAS PALMAS AVE. LOS ANGELES, CA 90028






44. OCCUPANT 1655 N. CHEROKEE A VE. 2ND FL. LOS ANGELES, CA 90028






40. OCCUPANT 6624 Yz HOLLYWOOD BL VD. LOS ANGELES, CA 90028

42. OCCUPANT 6611 SELMA A VE. LOS ANGELES, CA 90028


44. OCCUPANT 1655 N. CHEROKEE A VE. 3RD. FL. LOS ANGELES, CA 90028


47. OCCUPANT 6670 HOI,L YWOOD BL VD. LOS ANGELES, CA 90028.

48. OCCUPANT 1646 N. LAS P ALMAS A VE. LOS ANGELES, CA 90028

CF 04-0122 DIR 2003-3688 RV #0401221ab.·

CHIEF ZONING _AO.Ml TRA TOR.··-- ·- -- . - --... ..COUNCILPERSON ~CETTI PLANNI DEi:>ARTMENT ...... --····- _ .. ___ ---PL:ANNfN<foe·PART. ENT PLAN.NiNcn: N

.._OFFIC .. OF ZONING ADMINISTRATION OFFICE OF ZONI ADMINISTRATION COUNCIL DI RICT NO. 7TH F OR, CITY HALL 7rH FLOOR, Cl ALL STO : 395 STOP: 395

DEPT. OF UILDING & SAFETY Matt Kelle an 500 Shatt Pl, #50 . LOS ANG E A90012 STOP: 115 STOP: 115

LAP- ~IN INTELLIGENCE SCOTT CHASSE, COMMANDER Roo;;~ PA KER CENTER LAPD-C W\UN+Eb1=1GENeE---·-·- -ffi:jllywoed...~ce LOS AflGELES ~--fSolfi ANGELES ST., RM. 602 Ed S kowskl

....__ LOS ANG ES, CA 90012 135 N. Wilcox Ave. STOP: 400 STOP: 400 ST P: 406 -





Mary Clair Molldor CNAP 1645 Corinth Ave., #210 Los Angeles, CA 90025





rv OF LOS ANGELEl CALIFORNIA

Oftlce oftbe CITY CLERK


Los .Angeles, CA 90012 FRANK T. MARTINEZ

Executive Officer

When ma.king inquiries relative to this matter refer to File No.


Fax: (213) 978-1040

@D>•o

CF 04-0122 ZA 2003-3688 RV CD13

JAMES K. HAHN MAYOR

HELEN GINSBURG Chier, Council and Public Services Div:lslon

February 6, 2004


You are hereby notified that the Planning and Land Use Management Committee of the Los Angeles City Council will consider, on Wednesday, March 3, 2004, at approximately 2:00 p.m. or soon thereafter in Room 1010, 200 North Spring Street, City Hall, an appeal filed by Bruce Edward Perdew, protestant, from part of the Zoning Administrator's determination to impose Corrective Condition No. 8 (hours of sales, service and consumption of alcoholic beverages) and Condition No. 41 (no after hours use) for the continued use of the restaurant/night club known as "Club Blue" located at 1642 Las Palmas Avenue, for the operation of the restaurant/nightclub in order to mitigate adverse impacts caused by its operation.


The full Los Angeles City Council will also conduct a public hearing on this matter on Tuesday, March 16, 2004, at approximately 10:00 a.m. or soon thereafter in John Ferraro Council Chamber, Room 340, City Hall at 200 North Spring Street.

If you are unable to appear at these hearings, you may submit your comments in writing. The file and appeal referred to above can be reviewed in the Office of the City Clerk. Written comments may be addressed to the City Clerk, Room 395, City Hall, 200 North Spring Street, Los Angeles, CA 90012.

Please be advised that both the Planning and Land Use Management Committee and City Council reserve the right to continue this matter to a later date, subject to any time limit constraints. Please contact this office if you would like to be notified of any future hearing dates should the Committee or Council not act on this

ma~tter on the aforem~tioned dat~).

1 ~ Ba r es Legislative Assistant Planning and Land Use Management Committee, 213-978-1068

Note: If you challenge this proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. Any written correspondence delivered to the City Clerk before the City Council's final action on a matter will become a part of the administrative record. The time In which you may seek judicial review of any final action by the City Council is limited by California Code of Civil Procedure Section 1094.6 which provides that an action pursuant to Code of Civil Procedure Section 1094.5 challenging the Council's action must be filed no later than the 90th day following the date on which the Council action becomes final.

#040122itr


(When required) RECORDING REQUESTED BY AND MAIL TO:

The Los Angeles DalLY JOURNAL - SINCE 1888 -

915 E. First Street, Los Angeles, California 90012 Mailing Address: P.O. Box 54026, Los Angeles, California 90054-0026

Telephone (213) 229-5300 • Fax (213) 680-3682

Gloria Pinon CITY OF LA,CITY CLERK, ADMIN SERVICES 200 N SPRING ST ROOM 395 LOS ANGELES, CA 90012

PROOF OF PUBLICATION

(2015.5 C.C.P.)

State of California ) County of Los Angeles ) ss

Notice Type: GPN GOVERNMENT PUBLIC NOTICE

Ad Description: 04-0122

I am a citizen of the United States and a resident of the County of Los Angeles; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the Los Angeles Daily Journal, a daily newspaper published in the English language in the City of Los Angeles, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Los Angeles, State of California, under date of June 2, 1952, Case No. 599,382. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:

02/06/04

Executed on: 02/06/2004 At Los Angeles, California

I certify (or declare) under penalty of perjury that the foregoing is true and correct.

Signature

This space for filing stamp only

DJ#:634762

PUBLIC NOTICE The Planning and Land Use Management Committee of the Los Angeles City Council will consider on Wednesday, March 3, 2004 at apprOXimately 2:00 p.m. or soon thereafter in Room 1010, 200 North Spring Street, Los Angeles, CA 90012, an appeal filed by Bruce Edward Perdew, protestant, from part of the Zoning Administrator's determination to impose Corrective Condition No. 8 (hours of sales, service and consumption of alcoholic beverages) and Condition No. 41 (no after hours use) for the continued use of the restaurant/night club known as "Club Blue• located at 1642 Las Palmas Avenue, for the operation of the restaurant/nightclub in order to mitigate adverse impacts caused by its operation. Applicant: City of Los Angeles (Office of Zoning Admirnstration) In addition, the Los Angeles City Council will conduct a public heannq on Tuesday, March 16, 2004, at approximately 10:00 a.rn., or as soon thereafter as the matter can be taken up, in the John Ferraro Council Chamber, Room 340, at 200 N. Spring Street, Los Angeles, CA 90012. A copy of the Council fife Number 04-0122 may be examined in the Office of the City Clerk. Written comments may be submitted to the Council, addressed in care of the City Clerk, Room 395, City Hall, at the abOve address. Please be advised that both the Planning and Land Use Management Committee and City Council reserve the right to continue this matter to a later date, subject to any time limit constraints. Please contact this office if you would like to be notified of any future hearing dates should the Committee or Council not act on this matter on the aforementioned date(s). J. MICHAEL CAREY, CITY CLERK of the City of Los Angeles 02/()6/04

DJ-6347621

r

Daily Journal - publish on or Newspaper

>re - February 6, 2004

PUBLIC NOTICE

The Planning and Land Use Management Committee of the Los Angeles City Council will consider on Wednesday, March 3, 2004 at approximately 2:00 p.m. or soon thereafter in Room 1010, 200 North Spring Street, Los Angeles, CA 90012, an appeal filed by Bruce Edward Perdew, protestant, from part of the Zoning Administrator's determination to impose Corrective Condition No. 8 (hours of sales, service and consumption of alcoholic beverages) and Condition No. 41 (no after hours use) for the continued use of the restaurant/night club known as "Club Blue" located at 1642 Las Pal mas Avenue, for the operation of the restaurant/nightclub in order to mitigate adverse impacts caused by its operation.


In addition, the Los Angeles City Council will conduct a public hearing on Tuesday, March 16. 2004, at approximately 10:00 a.m., or as soon thereafter as the matter can be taken up, in the John Ferraro Council Chamber, Room 340, at 200 N. Spring Street, Los Angeles, CA 90012. A copy of the Council file Number 04-0122 may be examined in the Office of the City Clerk. Written comments may be submitted to the Council, addressed in care of the City Clerk, Room 395, City Hall, at the above address.


#040122pub

J. MICHAEL CAREY, CITY CLERK of the City of Los Angeles

OFFICIAL NOTICE

-·.Office of Zoning Administration 200 North Spring Street, 7th Floor Los Angeles, CA 90012

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OFFICIAL NOTICE

-Office of Zoning Administration 200 North Spring Street, 7th Floor Los Angeles, CA 90012

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ROBERT JANOVICI CHIEF ZONING ADMINISTRATOR

ASSOCIATE ZONING ADMINISTRATORS

GARY BOOHER

R. NICOLAS BROWN

ANIK CHARRON

EMILY J. GABEL-LUDDY

DANIEL GREEN

LOURDES GREEN

DAVID KABASHIMA

ALBERT LANDINI

JON PERICA

January 20, 2004

Honorable City Council City of Los Angeles Room 395, City Hall Los Angeles, CA 90012

Honorable Members:

CALIFORNIA

JAMES K. HAHN MAYOR

DEPARTMENT OF

CITY PLANNING CON HOWE

DIRECTOR

, FRANKLIN P. EBERHARD

DEPUTY DIRECTOR


200 N. SPRING STREET, 7'" FLOOR

Los ANGELES, CA 90012 (213) 978-1318

FAX: (213) 978-1334

Case No. DIR 2003-3688(RV) Appellant: Bruce Edward Perdew Address: 1642 North Las Palmas Avenue Council District: 13 V Plan: Hollywood Environmental: ENV 2003-3689-CE

In accordance with M~nicipal Code Section 12.27 .1 and Condition No. 29 of the Zoning Admi'nistrator's determination upheld by the central Area Planning Commission on March 15, 2002 under Case No. ZA 98-0399(CUB)(PA), the above-caption~d file, which is the subject of the attached appeal, is transmitted for your consideration.

Appeal Request: The appellant is appealing part of the Zoning Administrator's determination to impose conditions with respect to hours of operation.

Background: On December 19, 2003, Zoning Administrator David Kabashima, pursuant to the provisions of Section 12.27.1 found that the business has been a nuisance and has continued to operate in a manner which justified the imposition of conditions in order to mitigate detrimental impacts to the surrounding area.

The Zoning Administrator's determination required the modification/continuation of conditions for the .operation of the restaurant/nightclub in order to ~tigate ~verse

impacts caused by its operation: ............ _"'-- \ ~ : · ~~

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PLAN & LAND USE MGT. JAN 2 1 2004

AN EQUAL EMPLOYMENT OPPORTUNITY- AFFIRMATIVE ACTION EMPLOYER RecyclallJeardmadelromrecydedwaste.@

OFFICE:

CITY HALL

VALLEY

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DATE: /-5-o4

DEPARTMENt OF CITY PLANNING

LOS ANGELES, CALIFORNIA 90012

242933

NOTICE: The staff of the Planning Department wlll analyze your request and accord the same full and Impartial consideration to your application, regardless of whether or not you obtain the services of anyone to represent you.

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$

$

$

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$

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OSS SURCHARGE - 2%

DEVELOPMENT SURCHARGE - 3%

OPERATING SURCHARGE - 7%

i!i-lti!1_~'t11~-'1'1t-t'rf-!'.ltt=t-±-;;-H'r.'!'!'1~1-SUfet~ VN 07 16 096819 01/05/04 04:35PM

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COUNCllpQ~Tffl~ArlD /jsi_ PLAN ARS'JE STD A(:11( f'i,.. I)

DEVEU1Pffl' /ci .1~00 c,.. OPERATING S 'CHG

RECEIVED BY: ___ ri ___ _,__ ..... ~._____.r! .... ~"'--4"'/\>r7-"""-~~b--""+,._.,,,,,,.2.__ ____ _

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White - Applicant Golden Rod - Return to Planning Pink - Building & Safety Canary - Master Copy

CP 7107

recelplwq1

$64.00 $1. .00 $2.00 $4.00

$71.00 $-71.00

. ' 201 LOS ANGELES., STE 13A LOS ANGELES, CA 90012 TEL: (213)617-9600, FAX: (213)617-9643

btc 14540 SYLVAN ST., STE. A

VAN NUYS, CA 91411 TEL: (818) 779-8866, FAX: (818)-779-8870

Case No. ZA-03-2409(CUB)(CUX)/DIR-03-3~ Invoice No. V04-10

Reference No. Date: 01/05/04

Site Address 1642 N LAS PALMAS AVE

Received From CLR ENTERPRISE INC/WILLIAM COWDIN

MATERIALS RECEIVED FROM APPLICANT/MAP MAKER:

PAYMENT RECEIVED FROM APPLICANT/MAP MAKER:

Preparation of Labels & Mailing - Number

Mailing Only - Number

Appeals - Number

Posting of Site - Number of signs

Approved Radius Map/Plot Plan Ownership/Occupant Lists Certification Labels -owner/app/rep marked Copy of Transparency

X$1.45 = $0.00

X$1.10= $0.00

407 X$1.25 = $508.75

X$60.00 = $0.00

TOTAL DUE: $508.75

A COPY OF THIS FORM MUST BE PRESENTED TO THE PLANNING DEPARTMENT AT THE FILING TO HAVE YOUR APPLICATION DEEMED "COMPLETE".

Note - If applicant/map maker is retaining labels for addition of case number, labels must be returned to BT 7 days from the date of this invoice, or BTC will be forced to produce labels and charge the applicant/ map maker. If bill is not paid, further processing of your other cases will stop. For cases requiring immediat« mailing, labels must be submitted on the day of payment, or BTC will be forced to produce labels and char~ applicant/map maker. ,_ ___ initial)

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Cancellations and changes are subject to a 10% or $10.00 handling fee, whichever is greater. Returned checks subject to a $50.00 NSF fee.

** If case goes to appeal, processing & mailing costs of $1.25/label will be paid. ( ~tial)

PLANNING DEPARTMENT

MASTER APPEAL FORM

APPEAL TO THE: Central Area Planning Commission

REGARDING CASE NO.: DIR 2003-3688 (RV)

This application is to be used for any authorized appeals of discretionary actions administered by the Planning Department. Appeals must be delivered in person with the following information filled out and be in accordance with the Municipal Code. A copy of the action being appealed must be included. If the appellant is the original applicant, a copy of the receipt must also be included.

APPELLANT INFORMATION: PLEASE PRINT CLEARLY

Name Bruce Edward Perdew

Mailing Address 1642 ~s Palmas Ave.

_H_o_l_l.:.;,.yw_o_o_d_,_c_A __________ .Zip:_9_0_0_2_a ______ _

Work Phone: (32) _4~6 ..... 6 ...... -~3~8 ..... 6.._3~ _____ Home Phone {818) _5=-5=-0~--=-0=5=5.;;;;.5 _____ _

a)

b)

c)

d)

Are you or do you repre,e.Qt the original applicant? (Circle One) YES @ .

Are you filing to supp~he original applicant's position? (Circle One) YES ® Are you filing for yoursel~~half of other parties, an organization or company? (Circle One) SELF ~

If "other" please state the name of the person(s), organization or company (print clearly or type)

PSP Ventures, Inc. dba Blue

REPRESENTATIVE

Name David Carlat Mailing Address 8833 Sunset Blvd., #304

West Hollywood

_c_a_l_i_f_o_r_n_i_· a ____________ Zip __ 9_0_0_6_9 _____ _

Work Phone: (310, _6_5_9_-_3_8_7_7 _____ Home Phone: (213) 506-2045 pgr.

APPEAL INFORMATION

A complete copy of the decision letter is necessary to determine the final date to appeal, under what

authorizing legislation, and what, if any, additional materials are needed to file the appeal.

Final Date to Appeal: January 5, 2004

Authorizing Legislation

REASONS FOR APPEALING

Are you appealing the entire decision or parts of it?

0 · Entire lfil Part

Indicate: 1) How you are aggrieved by the decision; and 2} Why do you believe the decision-maker erred or abused their discretion? If you are not appealing the whole determination, please explain and specifically identify which part of the determination you are appealing.

Attach additional sheets if necessary.

FACILITY OPERATOR APPEALS CORRECTIVE CONDITIONS #8 AND #41

"hours of operation". SEE ATTACHED APPEAL JUSTIFICATION

ADDITIONAL INFORMATION

original applicants must pay mailing fees to BTC and submit copy of receipt. (BTC not required for Building and Safety Appeals}

any additional information or materials required for filing an appeal must be provided in accordance ·. with the· LAMC regulations ·as · specified · in · the original determination letter. : · Copy · of determination/decision letter Is req.uired. · · ·

~ acceptance of a complete and timely appeal is based upon successful completion and examination of all the required information.

I certify that the statem pplication are complete and true:

OFFICIAL USE ON.LY

Receipt No. t.7'· Y ~ '1 .j, 3 Amount ~$-'1+-1-1-------- Date ___.._I ~_,,5_-__ ~'D-:J~-Application Received-Sy _ _,_i)...:;_...._..;:.5_-......,,y1"-'-'k,,""',"""1..c;;ob'0 Q""'-"~--=-------------------

Appfication Deemed Complete --','--~~C~)--..(:,,_..1 ~L::YJ.~-"-1,.L.....=,_ ________________ _

Copies provided: I B"oetermination

Determination Authority Notified (if necessary) Q--·

CP-7769 (03/27/01)

· 0 Receipt (original . applicant only)

P:\WORDPROC\CPFORMS\CP7000\7769.wpd

ATTACHMENT TO MASTER APPEAL FORM

APPEAL TO THE CENTRAL AREA PLANNING COMMISSION CASE NO. DIR 2003-3688(RV)

Club Blue 1642 North Las Palmas Avenue

APPEAL JUSTIFICATION OF APPLICANT Appellant was aggrieved by the decisions in Case No. DIR 2003-3688(RY)

The Zoning Administrator erred and abused his discretion in violation of sec. 12.27. lD

The appellant believes Zoning Administrator, David Kabashima, went to great lengths to design "corrective conditions of operation" issued December 19, 2003,that will allow the appellant an opportunity to prove to the Zoning Administrator, the Los Angeles Police Department and to the surrounding community that "A well run nightclub with a strong management could provide an entertaining dining and dancing service to the Hollywood community at this location" as determined by Zoning Administrator Jon Perica October 3, 2001. Unfortunately, we believe Mr. Kabashima abused his discretion and violated the rights of the appellant by denying relief from those conditions related to the hours of operation because they are no longer necessary and place an unreasonable hardship on the appellant. No evidence was presented to the Zoning Administrator that any "nuisance" currently exists at the "club" and there is no evidence that any relief from the restricted hours of operation would result in any repeat of the kind of activity that led to the imposition of corrective conditions.

Further, the "club" has continued to operate until 2 a.m. since the Zoning Administrator's determination was upheld by the Central Area Planning Commission on March 15, 2002. The only reason the hours of operation continue to be restricted to 12 midnight is because Michael P. Downing, Captain Commanding Officer of the Hollywood Community Police Station continues to support closure of the "club" and has resisted all efforts to work with the operators to mitigate " ... the staff time the Police would have to commit to monitoring the club's operation", the very reason given by the Zoning Administrator October 3, 2001 for restricting the hours of operation. By ignoring evidence of "substantial changes in circumstances such that the continued enforcement of the previously imposed conditions is no longer reasonable or necessary'', the Zoning Administrator has placed in to question the very process in which "corrective conditions" are imposed, reviewed, evaluated and or modified by the City under sec. 12.27 .1 D of the Los Angeles Municipal Code.

•

Although the Zoning Administrator granted relief from some of the forty-two "corrective conditions" that were imposed on the appellant, the Zoning Administrator granted no relief from those conditions that most seriously impact the appellant and represent an umeasonable financial hardship. In order for any business to succeed it must be able to operate in a manner that is consistent with other similar businesses. Further, testimony was given to the Zoning Administrator that the "club" is currently open four days a week and only from 10 p.m. to 2 a.m. If the operators of the "club" were to be forced to close at 12 midnight this would be tantamount to revocation. No business could operate for two hours a night four nights a week.

All the appellant wants is an opportunity to prove to the Los Angeles Police Department, to the community and to the Los Angeles City Council that they can operate a responsible business under conditions consistent with other clubs if given the opportunity to do so.

. •

ROBERT JANOVICI CHIEF ZONING ADMINISTRATOR

'TY OF Los ANGELE! CALIFORNIA DEPilRTMENT OF

CITY PLANNING CON HOWE

AsSOCIATE ZONING ADMINISTRATORS DIRECTOR

GilRY BOOHER R. NICOLAS BROWN

ilNIK CHARRON EMILY J. GilBEL-LUDDY

DilNIEL GREEN LOURDES GREEN

DAVID KABASHIMA ALBERT LANDINI

JON PERICA

December 19, 2003


Rodney Perdew (0) 1642 North Las Palmas Avenue

· Los Angeles, CA 90028


Jeffrey F. Fax, Esq. (R) 805 South Figueroa Street, #2600 Los Angeles, CA 90017

Department of Building and Safety

FAANKLIN P. EBERHARD DEPlJIY DIRECTOR


JAMES K. HAHN

200 N. SPRING STREET, 7'" FtoOR Los ilNGELES, Cil 90012

(213) 978-1318 MilYOR FAX: (213) 978-1334

REISSUED DETERMINATION CASE NO. DIR 2003-3688(RV) REVIEW OF CONDITIONS 1642 North Las Palmas Avenue Hollywood Planning Area Zone C4-2D D. M. : 148.5A185 C. D. : 13 CEQA : ENV 2003-2410-ND Fish and Game : Exempt Legal Description : Lots 1 and 2,

Eulalie Tract

Pursuant to Los Angeles Municipal Code Section 12.27 .1 and Condition 29 of the Zoning Administrator's determination upheld by the Central Area Planning Commission on March 15, 2002, I hereby FIND:

that the operation of Club Blue, a restaurant/nightclub use. has not substantially complied with the conditions as imposed by the Zoning Administrator and. continues

. to be a public nuisance. ·

I hereby maintain, as modified, the conditions· as follows:

1 . All other use, height and. area regulations .of the Municipal Code and all other applicable government/regulatory agencies shall be strictly complied within the development and use of the property, except as such regulations. are herein specifically varied or required. (ZA 98-0399) ·

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. (ZA 98-0399)

AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER Aec)dllllllandmademn,cycled-.@





6. The authorization granted herein is for a period of 8 years from the effective date of the subject grant (December 7. 1998). Thereafter (December 7. 2006), the permit shall automatically expire and the applicant will be required to secure a new permit to continue the use. (ZA 98-0399) (Clarified 11-03)

7. Page 1 of the grant and all conditions.of approval shall be printed on the building plans submitted to the Zoning Administrator and the Department of Building and Safety. (ZA 98w0399) (Deleted 11-03)


8. Sales, service and consumption of alcoholic beverages shall be permitted only betvt-een the hours of 11 a.m. to 12 midnight, daily. (Delete 11-03)



11. [Delet-el Food service shall be available during all hours of alcohol sales. (ZA 98· 0399) (Delete 11-03)



14. Records of food sales and alcohol sales shall be provided to the Zoning Administrator on a monthly basis starting with the effeethte date of this determination. (ZA 98-0399) Alcoholic beverages shall not exceed 50% of the gross sales of food during any month. Records of food sales and alcohol sales shall be provided to the Zoning Administrator with the application for the required three month plan approval. (Modified 11-03)

' '

CASE NO. DIR 2003-36: , tV) PAGE3








22. No employees shall be permitted to accept money or any other thing. of value from a customer or be employed for the specific purpose of sitting with or otherwise spending time with customers while in said premises. The licensee shall not provide or permit or make available either gratuitously or for compensation, male or female persons who act as escorts, companions or guests of or for the customers. (ZA 98-0399)




26. The applicant may also maintain a live theater and music, motion picture, video screening, record release and listening parties, band and orchestral rehearsals as well as special events, provided all necessary permits and licenses, where required for such activities are valid. (ZA 98-0399}

27 .. There shall be no minimum drink requirements. (ZA 98-0399)



29. A new Plan Approval revierw shall be filed ($1,929) ·within three months of the effective date of this determination to e-,aluate the degree of compliance with all conditions of this ease, and to determine if the existing public nuisance has been corrected or ·whether the use might have to be closed. (ZA 98·0399)

Plan Approval Review within three months. Within three months of the effective date of this determination. but not less than two months. the applicant shall file a Plan Approval Review application ($549) for the purpose of evaluating the effectiveness of all conditions of the action and whether the use continues to violate conditions and continues to constitute a nuisance. A public hearing shall be held to hear from all departments and concerned parties. This hearing may result in the revocation of the use should it be determined that there is non compliance with the conditions of approval and/or continued nuisance activities. Notification labels shall be provided by the owner/operator for owners and occupants within a 500-foot radius.

The applicant shall provide appropriate documentation to substantiate on-going compliance of the applicant with each of the conditions contained herein at the time of filing the Plan Approval Review application. Compliance can be determined based upon photographs. police records. receipts and other similar evidence. Modifications to conditions. as appropriate. may be considered at this time and may include the expansion of hours. (Modified 11-03)









CASE NO. DIR 2003-36:__'" tV) PAGE5









i. How to effectively move patrons from the club and disperse them without blocking streets or loitering next to the .club after closing.



38. The adjacent alley and public street sidewalk shall be swept on a daily basis after the close of business. (Modified 11-03)



41. No "after hours" use of the club is allowed. The business must empty of patrons by 12 midnight daily. (ZA 98-0399}


42. Valet parking must be offered after 6 p.m. and no double parking is allowed on public streets. Off-site parking of cars is only allowed at Selma Elementary School or at Grant's parking lot to the south of the subject business. (ZA 98-0399) by valets shall not be on public streets. The location of valet parking sites and agreements for such sites shall be submitted to the Zoning Administrator at the time of the plan approval review. (Modified 11-03)

FINDINGS OF FACT

After thorough consideration of the statements contained in the application, the plans submitted therewith, the report of the Zoning Analyst thereon, the statements made at the public hearing on September 25, 2003, 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

The subject property is a level, rectangular site, having a frontage of approximately 60 feet on the east side of Las Palmas Avenue and a depth of 120 feet that is completely developed with a one-story building. Owners also have used an adjacent paved private alley, ten feet in width, to the north of the building, extending from Las Palmas Avenue to Cherokee Avenue. That private alley, however, is not a part of the existing or proposed conditional use site as shown on the submitted radius maps.

Properties to the north of the site are zoned C4-2D and are developed with a two-story commercial building occupied by Miceli's Restaurant.

Properties to the south of the site are zoned C4-2D and are developed with a two-story commercial building occupied by Le Deux Restaurant. The rest of the block to the south of Le Deux is zoned P-1 and is developed with parking lots.

Properties to the east of the site are zoned C4-2D and are developed with Le Deux Restaurant's patio, and further east by a two-story commercial building fronting on Cherokee Avenue.


Las Palmas Avenue, adjoining the property to the west, is a Local Street dedicated to a width of 50 feet and fully improved, intersecting to the north with Hollywood Boulevard.

· Hollywood Boulevard, to the north, is a designated Major Highway dedicated to a width of 100 feet and fully improved.

The alley, adjoining the property to the north, is a private alley and is fully improved within a 10-foot dedication.·

CASE NO. DIR 2003-368 _, '.V) PAGE?

Previous zoning related actions on the site/in the area include:

Subject Property:

Case No. ZA 98-0399(CUB)(PA) - On October 3, 2001, under Case No. ZA 98-0399(CUB)(PA) the Zoning Administrator, pursuant to Los Angeles Municipal Code Section 12.24-M, denied an expansion of hours until 6 a.m. daily, and the expansion of an 800 square-foot outdoor patio area at an existing nightclub, and under the same action, pursuant to Condition 29 of Case No. ZA 98-0339(CUB)(PA) dated November 20, 2000, and the provisions of Section 12.27.1 of the Los Angeles Municipal Code, the Zoning Administrator conducted a review of the effectiveness of conditions imposed under that action. The Zoning Administrator found that the operation of the Club Blue nightclub had not substantially complied with 37 conditions as imposed by the Zoning Administrator and that the nightclub use, as operated, had caused a public nuisance. The Zoning Administrator maintained, modified, and added to the existing conditional use conditions and required a second review for the purpose of determining the need for revocation of the actual use within three months.


Case No. ZA 98-0399(CUB) - On November 20, 1998, under Case No. ZA 98-0399(CUB), the Zoning Administrator, pursuant to Los Angeles Municipal Code Section 12.24-C,38 and 42, approved a conditional use to permit the sale and dispensing of alcoholic beverages for on-site consumption (Type 4 7 license); and pursuant to Los Angeles Municipal Code 12.27-B and Charter Section 98, the Zoning Administrator also, approved a variance from Section 12.26-E,6 of the Los Angeles Municipal Code to permit the provision of required parking off-site by lease agreement all in conjunction with the existing 7 ,840 square-foot, Las Pal mas Theater and Supper Club located in the C4-2D Zone.

On February 10, 1999, under Z.A. Case No. 98-0399(CUB}, the Zoning Administrator issued a letter of correction which stated: pursuant to Los Angeles Municipal Code Sections 12.24-C, 38 and 42, a conditional use was approved to permit the sale and dispensing of alcoholic beverages for on-site consumption (Type 4? license}, dancing and a variance from Section 12.26-E the Los Angeles Municipal Code to permit the provision of required parking by off-site lease agreement.

Case No. CUB 83-421 -was approved March 20, 1984, by the Zoning Administrator to provide a conditional use to permit the sale and dispensing of alcoholic beverages for consumption on the premises in the lobby of an existing legitimate theater prior to stage performances and during intermissions in the C4-4 Zone. The State Department of Alcoholic Beverage Control approved a Type 4 7 license for serving a full line of alcoholic beverages for on-site consumption.

Surrounding Properties:

Case No. ZA 95-0282(CUB)(CUX) - was approved for property adjacent to the subject property on the southerly side, was approved June 30, 1995 by the Zoning

CASE NO. DIR 2003-3688v-<V) PAGE8

Administrator for on-site consumption and a dance hall with live entertainment in conjunction with a restaurant and lounge to accommodate 357 persons.

Case No. ZA 88-0925(CUB) - was approved for a full line of alcoholic beverages for on-site consumption at Miceli's on the northerly property adjacent to the subject property.

Case No. ZA 84-0539(CUB) - was approved December 21, 1984 by the Zoning Administrator as a conditional use at 1646 Las Palmas, to permit the on-site sale of alcoholic beverages.

The applicant was required by the Central Area Planning Commission's determination dated March 15, 2002, to file for a plan approval within three months so that the Zoning Administrator could evaluate the degree of compliance with all conditions of the case and to determine if the existing public nuisance has been corrected or whether the use might have to be closed. The operator of the club failed to file for that plan approval, nevertheless, the Zoning Administrator, in response to continuing complaints, conducted a review of the effectiveness of the conditions imposed under that action.

PUBLIC HEARING

The public hearing for the subject request was held on September 25, 2003. The applicant representative and the applicant described the requests being made and commented as follows:

• They are trying·to rel~x the present conditions applying to the subject property and are not asking to increase the scope of the conditional use.

• They are withdrawing the request to stay open until 4 a.m. and now are only requesting to stay open until 2 a.m.

• Since the conditions were imposed, they have been operating without incident. • It has been over a year since the conditions were imposed and they are now

exercising their right to ask for modifications. • They played a video to demonstrate that all the problems in the area are not the

blame of the club. • The club cannot make it if it closed by 12 midnight as required by the conditions. • They have stayed open until 2 a.m. to show that there would be no problems and

should not be penalized for that. • They have no problems, no drug overdoses, they don't tolerate drugs and many of

the problems of the area are not necessarily their responsibility. • Except for the hours and the occupancy limits, they are fine with the rest of the

existing conditions. • · They want an occupancy of 650 occupants. • The patio is not for alcohol, just smoking. • They propose monthly meetings with Los Angeles Police Department and the

Council Office relative to resolving problems. • The owner is willing to relinquish ownership of the club if there is a failure to comply

in exchange for the right to operate until 2 a.m. • They don't open until 1 O p.m. and are open only four nights a week so closing at the

required time is a hardship. • The operators did not understand the procedure to show compliance. • The noncompliance was over a year ago. • There are 60 jobs at stake here.

CASE NO. DIR 2003-36~-v {V) PAGE9

• All staff are sent to STAR training. • They have made some mistakes in the beginning but are trying to learn from their

mistakes. • They have 75,000 patrons per year • The calls to service are minimal at this location. • They want patrons interested in music, not drugs or fighting. • They are willing to deal with the neighbors. • The original hearing gave the impression that problems were ongoing. • They have spent $50,000 in sound proofing. • They got rid of the valet parking because of the line on Las Pal mas. • He apologizes for their inexperience in the beginning. • If they open at 9 p.m. and close at 12 midnight, it would not be workable. • This used to be a full restaurant, but couldn't make it as a restaurant from 1999 to

2001.

· Persons in support of the use commented as follows:

• This club is the most fun and a great venue. • Everything here is orderly, he's been carded and the sushi is quite good. • He has never seen altercations here and this is one of the most friendly crowds he

has met. • His female friends are never groped here. • The place closes on time at 2 a.m. • This place is the most tightly run and laid back. • This is a very professionally run club. • He has seen no fights or other incidents here.

Persons opposed the request commented as follows:

• He is speaking on behalf of the business neighbors and notes that of 42 conditions the club has not complied with 37 of them, but they are doing a lot better than before when they were open until 4 or 6 a.m.

• During the last year he has not had a major problem with the club, but is concerned about their record of compliance.

• He owns the vacated alley and complains that the applicant took over the alley. He, however, has never called the authorities.

A representative of the Department of Building and Safety commented as follows:

• Since 2001 they have issued orders to comply. • He has met with the applicant and the applicant refused to close as required. • They are currently in court on this matter.

A representative of the Organized Crime Unit of the Los Angeles Police Department commented as follows:

• They have had complaints of trespassing and lewd conduct at this club. • During undercover operations they noted violations relative to the lack of food, that

amplified music was audible beyond the premise, that this was not a bonafide restaurant and that two of the officers made arrests for ecstasy.

• After that incident, they had a meeting with the applicant and the neighbors find out what the problems were and have had no further complaints.


•

•

•

They did get a note from CNAP in October of 2002, noting the following violations: • There was a violation of Condition No. 9 as only 60 seats were set for food

•

• • • • • • • •

service. They purchased alcohol at 12:20 a.m. which is after the premise was supposed to be closed. Patrons were still in the club after closing hours . The double doors to the alley were open . No valet parking was provided . The patio area within the vacated alley had twenty patrons . Club advertisements show that they are open until 2 a.m . The club only had 9 of the 12 required security personnel. There was no security in the parking area as required by Condition No. 36 . They did not have guard cards for one of the security guards .

A shop across the street· indicated a problem with club patrons vomiting in her doorway and that she was afraid of the club patrons. He observes that he is impressed with the testimony of support by the patrons but notes that patrons don't complain.

A representative of the Hollywood Vice Unit commented that many of the conditions were not being complied with and, therefore, they are in opposition to the expansion proposed.

The representative of the Council Office commented as follows:

• There appears to be more questions than answers here. • The entitlement is not suitable for the activities at this site. • The uses have changed so that all of the conditions are not applicable. • It is appropriate that the new request is for a nightclub since that is the present use. • This is a regional attraction with fans from far away, but is unacceptable if it is a

nuisance to the neighborhood. • They request that this be taken under advisement for at least two weeks.

The applicant representative responded to the comments as follows:

• It is clear that the business is not a nuisance and that the only violation was serving to a minor.

• They are now only requesting that the hours of operation be expanded to 2 a.m. • They agree to waive the 75 day requirement.

At the close of the hearing the Zoning Administrator indicated that the matter would be taken under advisement and that the record would be open for at least one month. The applicant and the Los Angeles Police Department were invited to submit conditions they felt were appropriate for the requests should they be granted.

Subsequent to the public hearing, the applicant representative submitted a set of 42 conditions they believe will protect the interests of the community and provide the necessary structure to ensure that the club will operate in a manner that no longer poses a nuisance. One of those proposed conditions is for a plan approval review in ninety days.

A letter from Councilmember Eric Garcetti was received on October 31, 2003, and notes the consistent unwillingness of the business owner to cooperate with the City and

CASE NO. DIR 2003-368-,. ~V) PAGE 11

neighbors. The letter indicates support of the Los Angeles Police Department opposition to the continued operation of this establishment.

A letter from the Los Angeles Police Department on October 23, 2003, requests the revocation of the zoning permit for this club. They indicate that the management of the club was deceitful when they proposed to open a supper club. For the succeeding three years it has operated as a nightclub and one that has been a source of constant community complaint and a drain on police resources. Club management has admitted and demonstrated that there is no intent to abide by reasonable operating conditions.

Relative to the revocation of the use, there are many emails and letters in support of the club and requests not to revoke the use from patrons of the club. Many comment that it is a well run venue and that they have never observed or experienced any problems there.

NUISANCE ABATEMENT AUTHORITY

The Office of Zoning Administration on behalf of the Director of Planning has the authority to investigate and initiate corrective actions against any use which constitutes a public nuisance, adversely affects the safety of persons residing or working in the surrounding area, and does so on a repeated basis, pursuant to the provisions of Section 12.27 .1 of the Los Angeles Municipal Code, established under Ordinance No. 171, 7 40 on October 27, 1997, and most recently amended by Ordinance No. 173,268 on July 1, 2000. This Ordinance amended earlier nuisance abatement authority established May 25, 1989, under Ordinance No. 164,749.

This Ordinance also provides that the Director of Planning may require the modification, discontinuance or revocation of a discretionary zoning approval if it is found that it violates any condition imposed by the discretionary approval pursuant to Section 12.24, among others, of the Los Angeles Municipal Code.


Comments. from Other Departments or the. General. Public

LOS ANGELES POLICE DEPARTMENT -ARREST REPORTS AND INVESTIGATIONS

(Period between January 2000 - February 2003)

2000

1/08/00

1/08/00

Arrest for possession of controlled substance ecstasy and marijuana; 11378 HS. On-site arrest of a person, made by Blue Room security staff, for sale of marijuana.

Arrest for possession of controlled substance; 11379 HS. On site arrest for possession of marijuana by LAPD un~ercover officers.

CASE NO. DIR 2003-368b\KV) PAGE12

1/08/00 Arrest for sales of controlled substance ecstasy; 11378 HS. On-site arrests by undercover officers of a person for selling "X" ( ecstasy) inside of the nightclub.

6/16/00 Arrest for possession of controlled substance ecstasy; 11379 HS. On-site arrests by undercover officers of a person for selling "X" ( ecstasy) inside of the nightclub.

6/17/00 Arrest for sales of controlled substance ecstasy; 11379 HS. On-site arrests by undercover officers of a person for selling "X" (ecstasy) inside of the nightclub.

6/17 /00 Arrest for sales of controlled substance ecstasy; 11378 HS. On-site arrests by undercover officers of a person for selling "X" (ecstasy) inside of the nightclub.

12/09/00 Arrest for possession for sale of ecstasy; 11379 HS. On-site arrests by undercover officers of a person for selling "X" (ecstasy) inside of the nightclub.

4/07/01 Preliminary investigation of plain theft-petty. (On-site)

4/13/01 Arrest for assault with a deadly weapon; 245 (A)(1) PC (On-site). Incident relating to security personnel removing an intoxicated and belligerent patron.

4/26/01 Preliminary investigation of vandalism (On-site). Unknown suspect vandalized security guard, of Blue Room, vehicle.

6/01/01 Preliminary investigation of battery; (Off-site, but related to incident at nightclub).

6/01/01 Preliminary investigation of battery; (Off-site, but related to incident at nightclub). Security guard had to forcibly remove a problem patron.

8/03/01 Notice to appear for operating as a security guard at a business without a California state license; 75.44.6(A)B&P (On-site). Security at the location did not have in their possession valid California security guard cards.

8/03/01 Notice to appear for operating as a security guard at a business without a California state license; 75.44.6(A)B&P (On-site). Security at the location did not have in their possession valid California security guard cards.

8/05/01 Operating as a security guard at a business without a California state license; 75.44.6(A)B&P (On-site). Security at the location did not have in their possession valid California security guard cards.

·9/01/01 Preliminary investigation of battery; (On-site). Victim was inside "Club Blue". While victim was inside he was battered by two different security guards. Victim was pushed outside the club and handcuffed against his own free will.

10/11/01 Follow up investigation of 9/01/01 battery incident.

CASE NO. DIR 2003-36l-,. tV) PAGE13

10/11/01 Second, follow up investigation of 9/01/01 battery incident.

11/04/01 Notice to appear for possession of less than one ounce of marijuana;11357 (b) H&S. (On-site)

11/09/01 Preliminary investigation of theft cell phone. (On-site)

2002.

2/03/02

3/24/02

4/13/02

5/04/02

5/27/02

6/15/02

6/23/02

7/14/02

8/24/02

2003

1/09/03

1/24/03

1/24/03

Preliminary investigation of theft wallet (On-site). Unknown suspects took wallet out of victims purse, undetected at nightclub when victim was distracted.

Preliminary investigation of lost property, cell phone (On-site).

Notice to appear for violation of Condition No. 41: business open after 12 midnight. Patrons and operating observed at 1 :30 a.m.

Notice to appear for violation of Condition No. 41; business open after 12 midnight. Open bar service at 12:45 a.m.

Preliminary investigation -of vandalism. Unknown suspects kicked victims vehicle for no apparent reason and fled parking lot (Off-site).

Notice to appear for violation of Condition No •. 41; business open after 12 midnight.

Preliminary investigation of assault with a caustic chemical (pepper spray). (On-site) A suspect, no longer allowed in the nightclub, peppered sprayed victim. Overspary hit three other nightclub patrons.

Notice to appear for violation of Condition No. 41; business open after 12 midnight.

Notice to appear for violation of Condition No. 8 sales and service and consumption of alcohol after 12 midnight, No. 9 no food service set for 200 patrons during business hours, and No. 20 no full menu available.





2/1/03 Officers declaration on February 1, 2003, an ABC investigation was conducted at Club Blue. During investigation a minor was served an alcoholic beverage and the Club was operating after 12 midnight in violation of Condition No. 41.

2/1/03

2/23/03



Calls for Service

Period between March 18, 2001 - March 16, 2003, total 12.

CONDITION COMPLIANCE AND THE NEXUS BETWEEN THE CONDITIONS AND THE NUISANCE

The conditions and requirements of Case No. ZA 98-0399(CUB)(PA 1 ), were amended by the action of the Central Area Planning Commission on February 12, 2002. After each condition are the comments of the zoning analyst, followed by comments by the Zoning Administrator and, where applicable, comments by the applicant. These conditions are applicable to both the extant conditional use permit and the nuisance abatement action and are imposed to preclude future problems and to protect the neighborhood and are intended to abate the existing nuisance problems and offer a prescription which will assist in the operation of the restaurant/nightclub in a satisfactory manner.

1 . [Unchanged] All other use, height and area regulations of the Municipal Code and all other applicable government/regulatory agencies shall be strictly complied within the development and use of the property, except as such regulations are herein specifically varied or required.

Zoning Analyst Comment: Blue has been cited for possible violation of the conditions of their ABC license, and various conditions of this grant by the Los Angeles Department of Building and Safety (LADBS); and by the Los Angeles Police Department.

Zoning Administrator Comment: This is a standard condition which notifies the operator that continued compliance with any other applicable regulation is required.

2. [Unchanged] 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 ~esult of this action.

Zoning Analyst Comment: The plot plan is accurate. However, the floor plan, indicates a seating capacity for 200. During an LADBS and LAPD inspection of the site on Saturday, August 30, 2003, there was seating for approximately 50 patrons.

Zoning Administrator Comment: The present application plot plan differs from the approved Exhibit A and double counts the dance area of the premises shown also as dining area. As no modifications of the Exhibit A are authorized herein, the Exhibit A contained in Case No. ZA 98-0399, still apply.

CASE NO. DIR 2003-368-,. ~V) PAGE15

3. [Unchanged] 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.

Zoning Analyst Comment: 42 conditions (actually 52 see Condition No. 36 a-j) and corrective conditions were imposed under ZA 98-0399(CUB)(CUX)(PA 1 ).

Zoning Administrator Comment: This is a standard condition reserving the right to the Zoning Administrator to impose any necessary additional conditions for the protection of the publ"ic.

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

Zoning Analyst Comment: Staff observed no graffiti and none has been reported by other investigators.

Zoning Administrator Comment: This is a standard condition which actually restates existing law and is included to minimize graffiti nuisance.

5. [Unchanged] 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 included in the "notes" portion of the building plans submitted to the Zoning Administrator and the Department of Building and Safety for purposes of having a building permit issued.

Zoning Analyst Comment: Staff could not verify.

Zoning Administrator Comment: This is a standard condition which is necessary to assure that the Department of Building and Safety is aware of required conditions.

6. [Unchanged] The authorization granted herein is for a period of eight years from the effective date of the subject grant. Thereafter; the permit shall automatically expire and the applicant will be required to secure a new permit to continue the use. Considering the operational history of this restaurant/club, eight years may prove to be too long a term.

Zoning Analyst Comment: This is the fifth year of the grant. Under ZA 98-0399 (CUB)(CUX)(PA 1) corrective conditions were imposed as part of the plan approval review. Currently, nuisance related activities were brought to the attention of the Office of Zoning Administration and nuisance abatement procedures commenced. Additionally, the applicant filed a new conditional use for modification of conditions as stated in the request clause.

Zoning Administrator Comment: After the eight year term the applicant must reapply to continue the use. At that time the Zoning Administrator will determine whether the use is still appropriate considering any changes to the area and the history of the operation.


7. [Unchanged] Page 1 of the grant and all conditions of approval shall be printed on the building plans submitted to the Zoning Administrator and the Department of Building and Safety.


Zoning Administrator Comment: This condition should be deleted as Condition No. 5 already provides for the same thing.

Condition Nos. 8-34 are volunteered by the applicant.

8. [Amended] Sales, service and consumption of alcoholic beverages shall be permitted only between the hours of 11 a.m. to 12 midnight, daily.

Zoning Analyst Comment: Non-compliance, the club was cited by LAPD for operation and alcohol service after 12 midnight. On August 30, 2003, LAPD and LADBS personnel closed the establishment for operating and serving alcohol after 12 midnight. LAPD, previously cited the establishment on August 24, 2002.

Applicant Comment: The applicant requests the restoration of their hours of operation as granted under ZA 98-0399, and indicates that there is no evidence that any nuisance ever resulted from being open until 2 a.m.

Zoning Administrator Comment: As this condition relates to the hours during which alcohol service and consumption is permitted and the applicant specifically requested modification of these hours, the Zoning Administrator concludes that it should be eliminated as a condition. This change was requested as a part of a new conditional use application, it is clear that it is no longer a volunteered condition. This condition will be deleted.

9. [Amended) There shall always be 200 seats set for food service at all times during business hours.

Zoning Analyst Comment:. Non-compliance, on August 30, 2003, LADBS staff informed Planning that there were six tables that could accommodate four people each; three booths for six people, therefore all seating could accommodate 50 people.

Further, the LAPD cited the establishment on August 24, 2002, for having less than 200 seats.

Applicant Comment: The applicant requests restoration of the seating plan as granted by ZA 98-0399. No evidence was ever presented that additional seating was needed.

Zoning Administrator Comment: As noted in the Zoning Administrator determination dated October 3, 2001, the business was originally presented to the City in the 1998 alcohol request as an upscale dining facility and, therefore, there must always be accommodations in place for 200 diners. However, the hours of the

· restaurant/club operation is still limited to no later than 12 midnight under Condition No. 41.

CASE NO. DIR 2003-36L_" tV) PAGE17

10. [Unchanged] No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee.

Zoning Analyst Comment: LAPD informed staff that on August 30, 2003, no consumption of alcohol was observed on any property adjacent to the club.

Zoning Administrator Comment: This condition limits the consumption of alcohol to the subject building and prevents nuisance drinking on adjacent properties.

11. [Delete] Food service shall be available during all hours of alcohol sales.

Zoning Analyst Comment: LADBS and LAPD verified that there was food service, had a sushi menu and there were receipts for 19 food orders.

Zoning Administrator Comment: This condition was deleted by the Zoning Administrator in the plan approval decision letter dated October 3, 2001, and should remain deleted as it was noted to be redundant.

12. [Unchanged] There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of beverages. A menu may be posted,.however.

Zoning Analyst Comment: No exterior advertising was observed.

Zoning Administrator Comment: This condition is necessary to maintain the restaurant as a primary use.

13. [Unchanged] There shall be no pool tables or coin operated game machines maintained upon the subject premises.

Zoning Analyst Comment:. LADBS and LAPD informed staff that no pool tables or coin operated game machines were observed.

Zoning Administrator Comment: This condition clarifies that this is not a pool hall or game arcade which requires a different conditional use permit.

14. [Amended] Records of food sales and alcohol sales shall be provided to the Zoning Administrator on a monthly basis starting with the effective date of this determination.

Zoning Analyst Comment: No records of food sales and alcohol sales have been provided to the Zoning Administrator.

Applicant Comment: The applicant is volunteering to modify this condition and is convinced they can make the 50% ratio of food to alcohol based on their current menu.

Zoning Administrator Comment: The reason for this volunteered condition is to demonstrate the restaurant nature of the use and this change appears to be a beneficial,· if compliance is achieved, as a restaurant use is expected to be less impacting on the surrounding community. Although, the Zoning Administrator originally contemplated a maximum alcohol sales of 30%, it appear reasonable to accept 50%, inasmuch as this conditions is a voluntary condition. Assuming that the


three month plan approval will be filed by the applicant as required, the monthly submission of information is unnecessary. The condition should read as follows:

Alcoholic beverages shall not exceed 50% of the gross sales of food during any month. Records of food sales and alcohol sales shall be provided to the Zoning Administrator with the application for the required three month plan approval.

15. [Unchanged] The subject alcoholic beverage license shall not be exchanged for a public premise type license nor shall the premises be operated as a public premises.

Zoning Analyst Comment: The license has not been exchanged. Information from California Department of Alcoholic Beverage Control states that the primary owner is Bruce E. Perdew. Other licensees listed are Rodney J. Perdew; Michael L. Stewart; Patrick C. Tom.

Zoning Administrator Comment: The applicant represents this use as a restaurant/nightclub. This conditions preserves the restaurant portion of the use.

16. [Amended] The applicant shall hire a certified noise engineer who, will determine the maximum level the interior music amplification can be set and still comply with the City Noise Ordinance. The report of the consultant shall be submitted to the Zoning Administrator for review and approval within 60 days of the effective date of this determination. The club music amplification shall be kept at the level allowed by the City at all times. The double doors leading outside to the rear patio shall have automatic door closing devices added to ensure they are always kept closed.

Zoning Analyst Comment: There is no evidence of compliance with this condition being submitted to the file.

Applicant Comment: The applicant has already complied with this condition except for providing a report from a certified noise engineer, which will be provided in the plan review within ninety days after the Zoning Administrator approves the other modified conditions.

Zoning Administrator Comment: The previous Zoning Administrator action indicated that the noise study to meet the City's Noise Ordinance limits will establish a measurable standard for the club to limit its music so as not to cause a noise problem for the neighbors. The rear doors of the club have not been kept closed on a regular basis and conditions should require continuing closure of those doors for noise attenuation and to prohibit unauthorized use of the adjacent vacated alley. Although the Zoning Administrator is not approving all of the modifications as request by the applicant, the applicant is still expected to provide the information required at the time of the next plan approval.

17. [Amended] No private rooms or areas are allowed. All space of the business shall be open to the public unless there is a private function where all of the business is reserved.

Zoning. Analyst Comment: LAD BS and LAPD verified - no private rooms or areas.

Zoning Administrator Comment: This prohibition is necessary to preclude illegal activities within the club and to assure visibility for monitoring of club activities.

CASE NO. DIR 2003-36l_,. !V) PAGE19

18. [Unchanged] There shall be no enclosed customer booths. If booths exist, they shall only be separated by a partition.

Zoning Analyst Comment: LADBS and LAPD informed staff that there were no enclosed customer booths.

Zoning Administrator Comment: This prohibition is necessary to preclude illegal activities within the club and to assure visibility for monitoring of club activities.

19. [Unchanged] There shall be no sales of alcoholic beverages for off-site consumption.

Zoning Analyst Comment: There have been no reports or complaints of sale of alcoholic beverages for off-site consumption.

Zoning Administrator Comment: This is an entitlement for onsite consumption and does not permit offsite consumption without a different conditional use permit.

20. [Amended] A full menu shall be available until 11 p.m. daily.

Zoning Analyst Comment: Non compliance, cited by LAPD on August 24, 2002. LADBS informed Planning staff that there were only 19 food orders on August 30, 2003.

Zoning. Administrator Comment: This condition is necessary to assure that food is generally available during the hours of operation and that the restaurant use does not become merely incidental to the nightclub use.

21. [Unchanged] The licensee shall furnish the premises with tables and chairs at which food may be comfortably consumed am:I have cutlery, condiments and other eating utensils available for use by patrons.

Zoning Analyst Comment: Again, on August 30, 2003, LADBS staff informed Planning that there were six tables that could accommodate four people each; three booths for six people, therefore all seating could accommodate 50 people.

Zoning Administrator Comment: The condition was imposed to assure that the subject use remains primarily a restaurant. The findings of the zoning analyst indicates that this is more of a nightclub rather than a restaurant. As a nightclub it will have more impact on the area and different conditions of approval.

22. [Unchanged] No employees shall be permitted to accept money or any other thing of value from a customer or be employed for the specific purpose of sitting with or otherwise spending time with customers which in said premises. The licensee shall not provide or permit or make available either gratuitously or for compensation, male or female persons who act as escorts, companions or guests of or for the customers.

Zoning Analyst Comment: In compliance per Los Angeles Police Department.

Zoning Administrator Comment: This is a condition recommended by the Los Angeles Police Department to assure the legal operation of the premises. The word "which" in the first sentence should be corrected to "while".

CASE NO. DIR 2003-368o(RV) PAGE 20

23. [Unchanged] No employees shall solicit or accept any alcoholic or non-alcoholic beverage from any customer while in the premises.


Zoning Administrator Comment: This is a condition recommended by the Los Angeles Police Department to assure the legal operation of the premise.

24. [Amended] No advertising of club beverages is allowed.

Zoning Analyst Comment: Blue has violated this condition on at least one occasion. Blue's advertisement in the LA Weekly of April 20-26, 2001, offered "dollar drinks" before 11 p.m.

Zoning Administrator Comment: This is a volunteered condition and is beneficial for the continuing restaurant use portion of the operation. No change was requested by the applicant here.

25. [Unchanged] The applicant shall not sublet the premises to "promoters" for nightclub activity.


Zoning Administrator Comment: This condition is designed to make sure that the operator is always in control of the restaurant/nightclub use and is more likely to result in a nuisance free operation. A strictly nightelub use would be detrimental to the area.

26. [Unchanged] The applicant may also maintain a live theater and music, motion picture, video screening, record release and listening parties, band and orchestral rehearsals as well as special events, provided all necessary permits and licenses, where required for such activities are valid.


Zoning Administrator Comment: This condition may be obsolete, however, the operator did not ask that it be modified.



Zoning Administrator Comment: This will help maintain the balance between the restaurant and alcoholic portions of the use.

28. [Unchanged] No outside public telephone is permitted on site. Any public pay phone on the interior shall be located in an area within full view of the restaurant staff and not located within any restroom.

Zoning Analyst Comment: There are no public telephones outside of the site.

CASE NO. DIR 2003-36l , ~V) PAGE 21

Zoning Administrator Comment: The condition is intended to discourage loitering around the subject property.

29. [Amended] A new Plan Approval review shall be filed ($1,929) within three months of the effective date of this determination to evaluate the degree of compliance with all conditions of this case, and to determine if the existing public nuisance has been corrected or whether the use might have to be closed.

Zoning Analyst Comment: A Plan Approval was never filed three months after the effective date of this determination to evaluate the degree of compliance. Again, nuisance related activities were brought to the attention of the Office of Zoning Administration and nuisance abatement procedures commenced. Additionally, the applicant filed a new conditional use for modification of conditions as stated in the request clause.

Applicant Comment: The applicant has hired a consultant to prepare and file a plan review to be submitted within ninety days of the effective date of the Zoning Administrator's determination.

Zoning Administrator Comment: Inasmuch as there has been significant noncompliance, this additional review will determine whether the use will continue or discontinue. It will enable the Zoning Administrator to determine whether the operator is unwilling or unable to comply with the conditions and whether nuisance activities remain as a result. The 90-day period is a reasonable period of time in which to demonstrate the utility of individual Conditions and to provide adequate time to demonstrate the value in subsequently amending the Conditions if necessary to protect the public welfare. As revocation of a use requires a finding that the business owner has shown no willingness or ability to comply with the Conditions, this review is especially critical. At the public hearing the business owner indicated a willingness to comply with conditions.

30. [Unchanged] Any future operator or owner for this site must file a new Plan Approval application to allow the City to review the "mode and character" of a possible new restaurant.

Zoning Analyst Comment: The club has not changed operator or owner. The current operators/owners are Bruce Perdew and Rodney J. Perdew.

Zoning Administrator Comment: Inasmuch as the present use has proven problematic, any operator or owner changes should be reviewed for possible nuisance activity.



Zoning.Administrator Comment: This is a condition to minimize late night and early morning noise in the area.



Comment: Staff could not verify.

Applicant Comment: In order to demonstrate the sincere intent of the applicant to comply with these conditions, the applicant proposes to voluntarily modified this condition to include the City collecting a financial penalty on the lessee for failure to comply with any of the conditions.

Zoning Administrator Comment: The financial penalty appears to be outside the jurisdiction of the Zoning Administrator and would be difficult to enforce, particularly as proposed by the operator. The basic condition is adequate to assure compliance by users of the premise. It may be appropriate for the operator to require a deposit and penalty for noncompliance as such noncompliance jeopardizes the club entitlement.


Zoning Analyst Comment: LAPD - OCVD personnel informed Planning staff that club owners may not have had quarterly meetings with Hollywood Vice. No proof of such meetings have been submitted to the case file.

Applicant Comment: The applicant proposes to voluntarily modify this condition to allow the community to be included in the monitoring of the efforts by the applicant to comply with these conditions.

Zoning Administrator Comrnent: This is a relatively standard condition for nuisance abatement locations and is intended to help the operator improve the performance of the business and mitigate police related problems. Although the applicant proposes to allow the community to be included, the Zoning Administrator does not see any significant benefits from this. At any rate, the applicant is not precluded from involving the community here. The appropriate time for submission of the information would be at the time of a plan approval review.

34. [Unchanged] A copy of these conditions shall be kept on site at all times. All employees shall be familiar with the conditions.

Zoning Analyst Comment: LAPD and LAD BS stated that a copy of conditions was kept on site.

Zoning Administrator Comment: This assures that employees do not plead ignorance of the conditions whenever they violate them.



Zoning Analyst Comment:. No parking plan was submitted to the official file.

CASE NO. DIR 2003-368c.\.~V) PAGE 23

Zoning Administrator Comment: This is necessary to assure adequate parking for the use. The lack of such an adequate plan was a factor in not increasing the permitted patron load of the use.












Zoning Analyst Comment: Information from LADBS, on August 30, 2003, noted there were 1 O security guards, not the required 12. One security guard had an expired state card and was cited. Also, cited for failure to have 12 security guards on March 7, 2003. Also LAPD informed staff that no security plan has ever been submitted to the Police Department.

Applicant Comment: The applicant proposes to modify the language of this condition in order to allow for more flexible security plan that more realistically reflects the security needs at the club. These modifications would not adversely affect the security needs of the club as they will require the review of Hollywood Vice and the approval of the Zoning Administrator.


Zoning Administrator Comment: This condition was imposed by the prior Zoning Administrator as a security plan was not provided during that consideration of this project. The Zoning Administrator noted that the single biggest problem with the club was in controlling the nuisance impacts resulting from inappropriate patron behavior. The Zoning Administrator noted that management and security operations were not adequate and that additional security guards were needed based on comments from Hollywood Vice, Los Angeles Police Department. The proposed modifications to the condition are inappropriate as they do not appear to have been reviewed by Hollywood Vice.

37. [Unchanged] Signs shall be limited to the minimum necessary to identify the name of the subject business establishment.

Zoning Analyst Comment: In compliance no signs were observed at the site (see photos).

Zoning Administrator Comment: This was an environmental mitigation measure which is still applicable here.


Zoning Analyst Comment: The adjacent alley and public street was generally clean and free of debris.

Zoning Administrator Comment: This condition resulted from citizen complaints that the outside of the business was not being cleaned in a timely manner each day. The Zoning Administrator notes that this condition requires modification as it is not reasonable to require cleaning of the alley if the applicant is not allowed its use, as it is not a part of the condition use approval and as the owner of that vacated alley protests its use by the operator.

39. [New] No use of the alley is allowed. The applicant shall develop a "control" plan with review by Hollywood Vice showing where patrons would line up, how they would be kept in orderly line and how many security would be used to control the patrons. No club patrons are allowed to stand in any public street adjacent to the subject site and the sidewalk on Las Palmas must kept open at all times by club security personnel for the easy access of the general public.

Zoning Analyst Comment: On March 7, 2003, the Department of Building Safety conducted an inspection of the premises and observed the following violation of conditions of Case No. ZA 98-0339(CUB)(PA):

"Alley being used as the primary entrance to the Club (Condition No. 39)."

As a result of this inspection Building and Safety issued on "Order to Comply" of which the owner/operator/applicant of the property has partially complied with the "Order to Comply".

At the August 30, 2003, site investigation, LAPD informed staff that there is a patio used by smokers in the adjacent alley north of the club.

CASE NO. DIR 2003-36Lv,, ~V) PAGE25

Zoning Administrator Comment: In an obvious oversight, the applicant has not proposed any changes to this condition to reflect their desired use of this area as an outdoor patio. The prior Zoning Administrator notes that the legal right to use part of the northern alley next to the club has not been established based on that owner's testimony and Department of Building and Safety comments that there are no City permits for its use by the club. The Zoning Administrator notes that this vacated alley is not a part of the conditional use site and has never been a part of any application. The northerly adjacent business claims ownership of the alley and has testified as to the club's unauthorized use of this area.


Zoning Analyst Comment: According to the application the occupancy load is 650 and seating capacity is 200.

Applicant Comment: The applicant believes that he can demonstrate during the review period that he can maintain order and comply with these proposed conditions; therefore, he is requesting the restoration of the occupancy as determined by the Fire Department.

Zoning Administrator Comment: The occupancy was reduced by the prior Zoning Administrator due to concerns by the Los Angeles Police Department that too many patrons were at the club and that a lower number would allow better security control and reduce police service calls and nuisance impacts. It would be inappropriate, at this time, to increase that number until it is demonstrated that there will be no impacts to the Los Angeles Police Department operations and to the area. Also, it appears that the· only way to reasonably accommodate 650 occupants to completely eliminate the restaurant seating.

41. [New] No "after hours" use of the club is allowed. The business must empty of patrons by 12 midnight daily.

Zoning Analyst Comment: Non-compliance. Cited by LAPD and LADBS on April 13, 2002, June 15, 2002, July 4, 2002, March 7, 2003, February 1, 2003 and August 30, 2003.

Applicant Comment: The applicant proposes the restoration of hours of operation granted by ZA 98-0399. The applicant has operated until 2 a.m. without creating a nuisance since October 3, 2001.

Zoning Administrator Comment: The apparent disregard for this condition, the disregard of the other conditions is appalling. The applicant's rationalization is symptomatic of an unwillingness to accept responsibility for the operation of the business and for the behavior of their patrons. Given the blatant violation of this and other conditions and the Los Angeles Police Department reports of continuing ,problems here, it is inappropriate to increase the hours of operation at this time.

42. [New] Valet parking must be offered after 6 p.m. and no double parking is allowed on public streets. Off-site parking of cars is only allowed at Selma Elementary. School or at Grant's parking lot to the south of the subject business.

Zoning Analyst Comment: LAPD stated that there was no valet parking available.

CASE NO. DIR 2003-3688(RV) PAGE 26

Applicant Comment: Currently, the applicant provides parking at 6725 Sunset Boulevard.

Zoning Administrator Comment: The Zoning Administrator notes that the property indicated by the applicant to be approximately 1,200 feet from the subject property and assumes the distance to be excessive without valet parking. Additionally, no verification of a lease has been submitted nor any indication as to the number or spaces provided. The Zoning Administrator, however, does not see the value of limiting the valet parking and off-site parking to the locations noted and will modify the condition to eliminate those location references. The valet parking is intended to mitigate patron parking on the surrounding public streets and to limit impacts of the club to the immediate area of the club.

FINDINGS

Club Blue continues to operate in violations of conditions imposed under Case No. ZA 98-0399 and has been and continues to be a public nuisance as established in Section 12.27.1 of the Los Angeles Municipal Code. The Zoning Administrator hereby finds that the site at 1642 North Las Palmas Avenue:

1. The use of the property continues to violate. . the previously imposed conditional use conditions under Case No. ZA 98-0399.

Review of the Club Blue operation indicate that the club is in violation of 16 of the 42 conditions imposed (Conditions 1, 2, 3, 8, 9, 14, 16, 20, 24, 29, 33, 35, 36, 39, 41, and 42. This has been verified by review of the file and testimony from the Los Angeles Police Department, Department of Building and Safety and businesses in the area. The continued violation of these conditions results in continued nuisance activity in this area as described below.

2. Adversely impacts nearby agricultural, residential. or commercial uses.

During the Area Planning Commission review of this matter at its meeting of February 12, 2002, major lack of compliance was found in inadequate security, the illegal sales of alcohol outdoors, lack of permission to expand the club into an alley, causing noise, trash, loitering and safety problems for neighbors, allowing private area use of the club, and not meeting in a timely manner with the local vice section. Testimony of the Department of Building and Safety, Los Angeles Police Department and adjacent businesses indicate that most of these problems remain and continue to adversely impact the area.

The operator of the subject club has chosen to conduct business in an irresponsible manner and continues to flaunt the conditions which have been imposed on this use, conditions which were intended to eliminate the nuisances caused by Club Blue. The club operators indicate that they cannot survive financially without the additional hours. Other violations such a menu violations, inadequate security, lack of valet parking and unauthorized use of the vacated alley appear to be financially motivated and result in the surrounding community subsidizing this business as unwilling victims of the resultant nuisances.

3. Jeopardizes or endangers the public health or safety of persons residing or working on the premises or in the surrounding. area.

CASE NO. DIR 2003-36 ,RV) PAGE 27

While it is clear that the Police Department's motto "To Serve and Protect" applies to all residents, the heightened demand for such services at this one location places an inequitable burden on that Department and the to provide similar services needed elsewhere in the community. The club, therefore, whether directly or indirectly, has a documented history of impacting nearby properties. Written and oral testimony from the area businesses and the Police Department statistics on crime incidents at and about the location indicate that this club has a blighting effect on the community.

It is generally recognized that crime can and does occur virtually anywhere in the city. However, the level of reported and observed criminal activities on and adjacent to the subject property appears to be beyond reasonable expectation of societal norms. The key ingredient needed here is proper management.

Operating a restaurant/nightclub is difficult as it necessary to cater to the often times fickle desires of the public, satisfy the necessary regulations and, at the same time, make a profit. This should in no way excuse the responsibility of the owner/operator to recognize, as well as accept, social and economic responsibilities for the spillover impacts their business creates.

4. Constitutes a public nuisance.

In the past it was noted that the club was not being run in a responsible manner and at times was out of control by allowing drug sales inside, fights, adult entertainment activities, and by causing excessive police service calls to control activities at the site. Although public testimony indicates that the situation is better since the last imposition of conditions, the continuing violation of conditions has posed a nuisance to neighboring commercial uses. The adjoining business to the north complains of illegal use of the vacated alley which is not authorized to be utilized by the club. The Los Angeles Police Department continuing violations and relates that a nearby business is intimidated by patrons, has had a problem of patrons vomiting in her doorway and has witnessed fights in this area.

5. Has resulted in repeated nuisance activities. including but not limited to disturbances of the peace, illegal drug activity, harassment of passersby, prostitution, theft, assaults, batteries, loitering, police detentions. and arrests.

Since the this use was last considered by the Area Planning Commission in February of 2002 the Los Angeles Police Department reports arrest reports and investigations involving exceeding the permitted business hours, assault with pepper spray, burglary from motor vehicles, assault with a deadly weapon, food service violations, service to a minor. Additionally, the Department of Building and Safety and adjacent businesses report conditional use condition violations and harassment by club ·patrons.

6. Violates provisions of Chapter 1 of the Municipal Code, or any other city, state, or federal regulation, ordinance or statute.

Since the this use was last considered by the Area Planning Commission in February of 2002 the Los Angeles Police Department reports arrest reports and investigations involving exceeding the permitted business hours, assault with pepper spray,

CASE NO. DIR 2003-3688(RV) PAGE 28

burglary from motor vehicles, assault with a deadly weapon, food service violations, service to a minor. Additionally, the Department of Building and Safety and adjacent businesses report conditional use condition violations. These constitute violations of Chapter 1 of the Los Angeles Municipal Code and violations of Department of Alcoholic Beverage Control regulations by the operators.

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 all the procedures as set forth in Sections 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 owner/operator of the premises has been provided notice of these proceedings and has been afforded and taken the opportunity to testify and respond to the allegations concerning. the impacts of the operation of this restaurant/nightclub use. Further, the conditions imposed are primarily those designed to eliminate and prevent nuisances and not so onerous as to prevent a viable operation of the business in compliance with applicable law.

The apparent problem with this restaurant/nightclub use is that the subject property was originally to be developed as a theater/supper club and the conditions imposed were tailored to that use. As the business evolved to more of a nightclub, rather than. file an

. application for the changed use, the operators chose to violate the conditions of approval not suited to their needs. In choosing to flaunt the conditions the operators have created a public nuisance. and have established the expectation that future conditions will be similarly ignored.

The businesses in the area, the Los Angeles Police Department and. the Council Office favor the discontinuance of this business. However, the operators attribute the initial violations to ignorance and inexperience and appear to be willing to improve the situation. They have proposed a number of modifications to the conditions designed to accommodate their operations and. impose some volunteered punitive measures should there be violations of those conditions. As previously discussed, some of the modifications were acceptable. and others. were. deemed to. be premature. It may well. tum out that the applicant can comply with the conditional use conditions and other regulations. It may be that they are unable to change their operation to eliminate nuisance activities. If they. are unwilling or unable to eliminate the. nuisances,. the use will be discontinued. A plan approval review in three months. has. been required. to determine compliance.

APPEAL PERIOD - EFFECTIVE DATE

The Zoning Administrator's determination in. this matter will become effective. after JANUARY 5. 2004, 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 atwww.lacity.org/pln. Public offices are located at: -

CASE NO. DIR 2003-36_,"\· ~V)

Figueroa Plaza 201 North Figueroa Street,

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

PAGE29

Marvin Braude San Fernando Valley Constituent Service Center

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

The time in which a party may seek judicial review of this determination is governed by California Code of Civil Procedure Section 1094.6. Under that provision, a petitioner may seek judicial review of any decision of the City pursuant to California Code of Civil Procedure Section 1094.5, only if the petition for writ of mandate pursuant to that section is filed no later than the 90th day following the date on which the City's decision becomes final.

CON HOWE Dir ctor of Planning

AVID KABA H MA Associate Zoning Administrator Direct Telephone No. (213) 978-1387

DK:Imc

cc: Councilmember Eric Garcetti Thirteenth District

Adjoining Property Owners County Assessor

'.

CITY OF LOS ANGELES DEPARTMENT OF CITY PLANNING


STAFF INVESTIGATOR REPORT

September 12, 2003


Rodney Perdew (A) 1642 North Las Palmas Avenue Los Angeles, CA 90028


Jeffrey F. Fax, Esq. (R) 805 South Figueroa Street, #2600 Los Angeles, CA 90017

Request

CASE NOS. ZA 2003-2409(CUB)(CUX) AND DIR 2003-3688(RV)

CONDITIONAL USE AND REVIEW OF COMPLIANCE WITH CONDITIONS, MODIFICATIONS OF CONDITIONS OR POSSIBLE REVOCATION OF USE

1642 N. Las Palmas Avenue Hollywood Planning Area Zone : C4-2D D. M. : 148.5A185 C. D. : 13 CEQA : ENV 2003-2410-ND and

ENV 2003-3689-CE Fish and Game : Exempt Legal Description : Lots 1 and 2,

Eulalie Tract

The owner/operator/applicant has filed a Conditional Use Permit ZA 2003-2409(CUB) (CUX) requesting a Conditional Use, pursuant to the provisions of Section 12.24-W, 1 and 18 (a) of the Los Angeles Municipal Code, to permit the continued sale and dispensing of alcoholic beverages for on-site consumption; in conjunction with an existing restaurant/nightclub (Club Blue) with live entertainment and patron dancing; to also include alcoholic beverage consumption in an outdoor patio area; to allow an occupancy load for 650 persons; and modifications of Conditions Nos. 8 and 14 as imposed under Case No. ZA 98-0399(CUB)(PA).

Condition No. 8 states:

"Sales, service and consumption of alcoholic beverages shall be permitted only between the hours of 11 a.m. to 12 midnight, daily."

The owner/operator/applicant is requesting to permit the hours of operation to be from 11 a.m. to 4 a.m., daily with sales, service and on-site consumption of alcoholic beverages to remain between the hours of 11 a.m. to 2 a.m. daily.

CASE NOS ZA 2003-2'f-u~{CUB)(CUX) and DIR 2003-3688(RV)

Condition No. 14 states:

PAGE2

"Records of food sales and alcohol sales shall be provided to the Zoning Administrator on a monthly basis starting with the effective date of this determination."

The owner/operator/applicant is requesting to permit the quarterly sales of alcoholic beverages not to exceed 50% of the gross sales of food during the same period.

ISSUES:

On March 20, 1984, under Case No. CUB 83-421, the Zoning Administrator approved a conditional use to permit the sale and dispensing of alcoholic beverages for consumption on the premises in the lobby of an existing legitimate theater prior to stage performances and during intermissions for the subject property located in the C4-4 Zone. The State Department of Alcoholic Beverage Control approved a Type 47 license for serving a full line of alcoholic beverages for on-site consumption.

On November 20, 1998, under Case No. ZA 98-0399(CUB), the Zoning Administrator, pursuant to Los Angeles Municipal Code Section 12.24-C,38 and 42, approved a conditional use to permit the sale and dispensing of alcoholic beverages for on-site consumption (Type 47 license); and pursuant to Los Angeles Municipal Code 12.27-B and Charter Section 98, the Zoning Administrator also, approved a variance from Section 12.26-E,6 of the Los Angeles Municipal Code to permit the provision of required parking off-site by lease agreement all in conjunction with the existing 7,840 square-foot, Las Palmas Theater and Supper Club located in the C4-2D Zone.

On February 10, 1999, under Case No. ZA 98-0399(CUB), the Zoning Administrator issued a letter of correction which stated: pursuant to Los Angeles Municipal Code Sections 12.24-C,38 and 42, a conditional use was approved to permit the sale and dispensing of alcoholic beverages for on-site consumption {Type 47 license), dancing and a variance from Section 12.26-E the Los Angeles Municipal Code to permit the provision of required parking by off-site lease agreement.

On October 3, 2001, under Case No. ZA 98-0399(CUB)(PA) the Zoning Administrator, pursuant to Los Angeles Municipal Code Section 12.24-M, denied an expansion of hours until 6 a.m. daily~ and the expansion of an 800 square-foot outdoor patio area at an existing nightclub, and under the same action, pursuant to Condition 29 of Section 12.27 .1 of the Los Angeles Municipal Code, the Zoning Administrator conducted a review of the effectiveness of conditions imposed under that action. The Zoning Administrator found that the operation of the Club Blue nightclub had not substantially complied with 37 conditions as imposed by the Zoning Administrator and that the nightclub use, as operated, had caused a public nuisance. The Zoning Administrator maintained, modified, and added to the existing conditions and required a second

CASE NOS ZA 2003-24u~(CUB)(CUX) and DIR 2003-3688(RV)

PAGE3

review for the purpose of determining the need for revocation of the actual use within three months.


Further, there have been allegations from the Los Angeles Police Department (LAPD) that the nightclub activities on the subject site have adversely impacted nearby residential and commercial uses jeopardizing and/or endangering the public health and safety of persons residing or working on the premises or in the surrounding area, thereby constituting a public nuisance. LAPD Officer Declaration's state that there has been sales of alcoholic beverages to intoxicated individuals, possession of narcotics, assault with a deadly weapon, battery, vandalism and non-compliance with conditional use permit. The activities occurring in and around the premises have generated police responses on numerous occasions straining the resources of the Los Angeles Police Department.

The Office of Zoning Administration has received communications from the Los Angeles Police Department which include Officer's Declarations. Additional information received from the Los Angeles Police Department, include, for the period between March 1, 2001 through March 13, 2003, which indicated that there were 31 arrests reports and investigations, including 12 calls for service at the subject address, of which are contained in the file.

On March 7, 2003, the Department of Building Safety conducted an inspection of the premises and observed the following violations of conditions of ZA Case No. 93-0399 (CUB)(PA):

1. Operating past 12 midnight (Condition No. 41)

2. Failure to maintain required number of State licensed security guards (Condition No. 36).

3. Alley being used as the primary entrance to the Club (Condition No. 39).

As a result of this inspection Building and Safety issued an "Order to Comply'' of which the owner/operator/applicant of the property has partially complied with the "Order to Comply".

AUTHORITY: The Director of Planning, through the Office of Zoning Administration, has the authority to revoke the use or impose conditions on the operation of the existing business as a nightclub under Section 12.27.1 (land use impacts caused by any use), of the Los Angeles Municipal Code.

. 0 CASE NOS ZA 2003-24u~(CUB)(CUX)

and DIR 2003-3688(RV)

Property Description

PAGE4

The subject property is a level, rectangular site, having a frontage of approximately 60 feet on the east side of Las Palmas Avenue and a depth of 120 feet that is completely developed with a one-story building. Owners also have use of an adjacent paved private alley, ten feet in width, to the north of the building, extending from Las Palmas Avenue to Cherokee Avenue.

The Project

The purpose of the hearing under ZA 2003-2409(CUB)(CUX) is to obtain testimony from affected and/or interested persons regarding the conditional use application for an existing restaurant/nightclub with live entertainment, dancing, on-site consumption of alcoholic beverages, expansion into outdoor patio area, increase of occupancy load and modification of Condition Nos. 8 and 14 of ZA 98-0399(CUB)(PA). The environmental impact will be among the matters considered at the hearing.

Further, in order to review and clarify the degree of compliance with operative conditions, the Office of Zoning Administration has initiated the instant Review of Compliance with Conditions or Revocation of Use hearing. The hearing is also to obtain testimony of the owner/operator/applicant, plus affected and/or interested persons regarding the application under DIR 2003-3688(RV). Following the hearing, the Zoning Administrator may require the discontinuance of the use or modify or add conditions regarding the use of the existing business as a restaurant/nightclub with live entertainment, patron dancing, and on-site consumption of alcoholic beverages, in order to mitigate any land use impacts caused by the use, previously considered under ZA 98-0399(CUB). The public is also invited to submit written comments prior to the hearing.

Planning conducted site research and land use analysis on August 22, 2003, and on September 10, 2003. City personnel from the Los Angeles Department of Building and Safety (LADBS); Los Angeles Police Department - Organized Crime and Vice Division; and LAPD Hollywood Area Vice Section conducted a site investigation on August 30, 2003.

CONDITIONS

The conditions and requirements of Case No. ZA98-0399(CUB)(PA 1 ), amended by the Central Area Planning Commission on February 12, 2002.

1 . [Unchanged] All other use, height and area regulations of the Municipal Code and all other applicable government/regulatory agencies shall be strictly complied within the development and use of the property, except as such regulations are herein specifically varied or required.

Comment: Blue has been cited for possible violation of the conditions of their ABC license, and various conditions of this grant by the Los Angeles Department


PAGE5

of Building and Safety (LADBS); and by the Los Angeles Police Department (LAPD).

2. [Unchanged] 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.

Comment: The plot plan is accurate. However, the floor plan, indicates a seating capacity for 200. During an LADBS and LAPD inspection of the site on Saturday, August 30, 2003, there was seating for approximately 50 patrons.

3. [Unchanged] 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.

Comment: 42 conditions (actually 52 see Condition No. 36 a-j) and corrective conditions were imposed under ZA 98-0399(CUB)(CUX)(PA 1 ).

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

Comment: Staff observed no graffiti and none has been reported by other investigators.

5. [Unchanged] 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 included in the "notes" portion of the building plans submitted to the Zoning Administrator and the Department of Building and Safety for purposes of having a building permit issued.


6. [Unchanged] The authorization granted herein is for a period of 8 years from the effective date of the subject grant. Thereafter, the permit shall automatically expire and the applicant will be required to secure a new permit to continue the use.

Comment: This is the fifth year of the grant. Under ZA 98-0399 {CUB){CUX){PA 1) corrective conditions were imposed as part of the plan approval review. Currently, nuisance related activities were brought to the attention of the Office of Zoning Administration and nuisance abatement procedures commenced. Additionally, the applicant filed a new conditional use for modification of conditions as stated in the request clause.

CASE NOS ZA 2003-241.J~(CUB)(CUX) and DIR 2003-3688(RV)

PAGE6

7. [Unchanged] Page 1 of the grant and all conditions of approval shall be printed on the building plans submitted to the Zoning Administrator and the Department of Building and Safety.


Condition Nos. 8-34 are volunteered by the applicant.

8. [Amended] Sales, service and consumption of alcoholic beverages shall be permitted only between the hours of 11 a.m. to 12 midnight, daily.

Comment: Non-compliance, the club was cited by LAPD for operation and alcohol service after 12 midnight. On August 30, 2003, LAPD and LADBS personnel closed the establishment for operating and serving alcohol after 12 midnight. LAPD, previously cited the establishment on August 24, 2002.

9. [Amended] There shall always be 200 seats set for food service at all times during business hours.

Comment: Non-compliance, on August 30, 2003, LADBS staff informed Planning that there were six tables that could accommodate four people each; three booths for six people, therefore all seating could accommodate 50 people.

Further, the LAPD cited the establishment on August 24, 2002, for having less than 200 seats.

10. [Unchanged] No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee.

Comment: LAPD informed staff that on August 30, 2003, no consumption of alcohol was observed on any property adjacent to the club.

11. [Delete] Food service shall be available during all hours of alcohol sales.

Comment: LADBS and LAPD verified that there was food service, had a sushi menu and there were receipts for 19 food orders.

12. [Unchanged] There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of beverages. A menu may be posted, however.

Comment: No exterior advertising was observed.

13. [Unchanged] There shall be no pool tables or coin operated game machines maintained upon the subject premises.

' 0 CASE NOS ZA 2003-24U~(CUB)(CUX)

and DIR 2003-3688(RV) PAGE7

Comment: LADBS and LAPD informed staff that no pool tables or coin operated game machines were observed.

14. [Amended] Records of food sales and alcohol sales shall be provided to the Zoning Administrator on a monthly basis starting with the effective date of this determination.

Comment: No records of food sales and alcohol sales have been provided to the Zoning Administrator.

15. [Unchanged] The subject alcoholic beverage license shall not be exchanged for a public premise type license nor shall the premises be operated as a public premises.

Comment: The license has not been exchanged. Information from California Department of Alcoholic Beverage Control states that the primary owner is Bruce E. Perdew. Other licensees listed are Rodney J. Perdew; Michael L. Stewart; Patrick C. Tom.

16. [Amended] The applicant shall hire a certified noise engineer who, will determine the maximum level the interior music amplification can be set and still comply with the City Noise Ordinance. The report of the consultant shall be submitted to the Zoning Administrator for review and approval within 60 days of the effective date of this determination. The club music amplification shall be kept at the level allowed by the City at all times. The double doors leading outside to the rear patio shall have automatic door closing devices added to ensure they are always kept closed.

Comment: There is no evidence of compliance with this condition being submitted to the file.

17. [Amended] No private rooms or areas are allowed. All space of the business shall be open to the public unless there is a private function where all of the business is reserved.

Comment: LADBS and LAPD verified - no private rooms or areas.

18. [Unchanged] There shall be no enclosed customer booths. If booths exist, they shall only be separated by a partition.

Comment: LADBS and LAPD informed staff that there were no enclosed customer booths.

19. [Unchanged] There shall be no sales of alcoholic beverages for off-site consumption.

CASE NOS ZA 2003-2409{CUB)(CUX) and DIR 2003-3688(RV)

PAGEB

Comment: There have been no reports or complaints of sale of alcoholic beverages for off-site consumption.

20. [Amended] A full menu shall be available until 11 p.m. daily. Comment: Non compliance, cited by LAPD on August 24, 2002. LADBS informed Planning staff that there were only 19 food orders on August 30, 2003.

21. [Unchanged] The licensee shall furnish the premises with tables and chairs at which food may be comfortably consumed and have cutlery, condiments and other eating utensils available for use by patrons.

Comment: Again, on August 30, 2003, LADBS staff informed Planning that there were six tables that could accommodate four people each; three booths for six people, therefore all seating could accommodate 50 people.

22. [Unchanged] No employees shall be permitted to accept money or any other thing of value from a customer or be employed for the specific purpose of sitting with or otherwise spending time with customers which in said premises. The licensee shall not provide or permit or make available either gratuitously or for compensation, male or female persons who act as escorts, companions or guests of or for the customers.

Comment: In compliance per LAPD.

23. [Unchanged] No employees shall solicit or accept any alcoholic or non-alcoholic beverage from any customer while in the premises.


24. [Amended] No advertising of club beverages is allowed.

Comment: Blue has violated this condition on at least one occasion. Blue's advertisement in the LA Weekly of April 20-26, 2001, offered "dollar drinks" before11 p.m.

25. [Unchanged] The applicant shall not sublet the premises to "promoters" for nightclub activity.


26. [Unchanged] The applicant may also maintain a live theater and music, motion picture, video screening, record release and listening parties, band and orchestral rehearsals as well as special events, provided all necessary permits and licenses, where required for such activities are valid.


CASE NOS ZA 2003-24u~{CUB)(CUX) and DIR 2003-3688(RV)



PAGE9

28. [Unchanged] No outside public telephone is permitted on site. Any public pay phone on the interior shall be located in an area within full view of the restaurant staff and not located within any restroom.

Comment: There are no public telephones outside of the site.

29. [Amended] A new Plan Approval review shall be filed ($1,929) within three months of the effective date of this determination to evaluate the degree of compliance with all conditions of this case, and to determine if the existing public nuisance has been corrected or whether the use might have to be closed.

Comment: A Plan Approval was never filed three months after the effective date of this determination to evaluate the degree of compliance. Again, nuisance related activities were brought to the attention of the Office of Zoning Administration and nuisance abatement procedures commenced. Additionally, the applicant filed a new conditional use for modification of conditions as stated in the request clause.

30. [Unchanged] Any future operator or owner for this site must file a new Plan Approval application to allow the City to review the "mode and character'' of a possible new restaurant.

Comment: The club has not changed operator or owner. The current operators/owners are Bruce Perdew and Rodney J. Perdew.






Comment: LAPD - OCVD personnel informed Planning staff that club owners may not have had quarterly meetings with Hollywood Vice. No proof of such meetings have been submitted to the case file.


PAGE10

34. (Unchanged] A copy pf these conditions shall be kept on site at all times. All employees shall be familiar with the conditions.

Comment: LAPD and LADBS stated that a copy of conditions was kept on site.



Comment: No parking plan was submitted to the official file.












PAGE 11


Comment: Information from LADBS, on August 30, 2003, noted there were 10 security guards, not the required 12. One security guard had an expired state card and was cited. Also, cited for failure to have 12 security guards on March 7, 2003.

Also LAPD informed staff that no security plan has ever been submitted to the Police Department.

37. [Unchanged] Signs shall be limited to the minimum necessary to identify the name of the subject business establishment.

Comment: In compliance no signs were observed at the site (see photos).


Comment: The adjacent alley and public street was generally clean and free of debris.

39. [New] No use of the alley is allowed. The applicant shall develop a "control" plan with review by Hollywood Vice showing where patrons would line up, how they would be kept in orderly line and how many security would be used to control the patrons. No club patrons are allowed to stand in any public street adjacent to the subject site and the sidewalk on Las Palmas must kept open at all times by club security personnel for the east access of the general public.

Comment: On March 7, 2003, the Department of Building Safety conducted an inspection of the premises and observed the following violation of conditions of Case No. ZA 98-0339(CUB)(PA):

"Alley being used as the primary entrance to the Club (Condition No. 39)."

As a result of this inspection Building and Safety issued on "Order to Comply'' of which the owner/operator/applicant of the property has partially complied with the "Order to Comply".

At the August 30, 2003, site investigation, LAPD informed staff that there is a patio used by smokers in the adjacent alle north of the club.


CASE NOS ZA 2003-24v~{CUB){CUX) and DIR 2003-3688{RV)

PAGE12

Comment: According to the application the occupancy load is 650 and seating capacity is 200.

41. [New] No "after hours" use of the club is allowed. The business must empty of patrons by 12 midnight daily.

Comment: Non-compliance. Cited by LAPD and LADBS on April 13, 2002, June 15, 2002, July 4, 2002, March 7, 2003, February 1, 2003 and August 30, 2003.

42. [New] Valet parking mut be offered after 6 p.m. and no double parking is allowed on public streets. Off-site parking of cars is only allowed at Selma Elementary

School or at Grant's parking lot to the south of the subject business.

Comment: LAPD stated that there was no valet parking available.

Surrounding Land Uses

Properties to the north of the site are zoned C4-2D and are developed with a two-story commercial building occupied by Miceli's Restaurant.

Properties to the south of the site are zoned C4-2D and are developed with a two-story commercial building occupied by Le Deux Restaurant. The rest of the block to the south of Le Deux is zoned P-1 and is developed with parking lots.

Properties to the east of the site are zoned C4-2D and are developed with Le Deux Restaurant's patio, and further east by a two-story commercial building fronting on Cherokee Avenue.


Previous Cases, Affidavits, Permits, and Orders On the Applicant's Property:

Case No. ZA 98-0399(CUB)(PA) - On October 3, 2001, under Case No. ZA 98-0399(CUB){PA) the Zoning Administrator, pursuant to Los Angeles Municipal Code Section 12.24-M, denied an expansion of hours until 6 a.m. daily, and the expansion of an 800 square-foot outdoor patio area at an existing nightclub, and under the same action, pursuant to Condition 29 of Case No. ZA 98-0339{CUB)(PA) dated November 20, 2000, and the provisions of Section 12.27.1 of the Los Angeles Municipal Code, the Zoning Administrator conducted a review of the effectiveness of conditions imposed under that action. The Zoning Administrator found that the operation of the Club Blue nightclub had not substantially complied with 37 conditions as imposed by the Zoning Administrator and that the nightclub use, as operated, had caused a public nuisance. The Zoning Administrator maintained, modified, and added

I

CASE NOS ZA 2003-24u~(CUB)(CUX) PAGE13 and DIR 2003-3688(RV)

to the existing conditions and required a second review for the purpose of determining the need for revocation of the actual use within three months.


Case No. ZA 98-0399(CUB) - On November 20, 1998, under Case No. ZA 98-0399(CUB), the Zoning Administrator, pursuant to Los Angeles Municipal Code Section 12.24-C,38 and 42, approved a conditional use to permit the sale and dispensing of alcoholic beverages for on-site consumption (Type 47 license); and pursuant to Los Angeles Municipal Code 12.27-B and Charter Section 98, the Zoning Administrator also, approved a variance from Section 12.26-E,6 of the Los Angeles Municipal Code to permit the provision of required parking off-site by lease agreement all in conjunction with the existing 7 ,840 square-foot, Las Palmas Theater and Supper Club located in the C4-2D Zone.

On February 10, 1999, under Z.A. Case No. 98-0399(CUB), the Zoning Administrator issued a letter of correction which stated: pursuant to Los Angeles Municipal Code Sections 12.24-C, 38 and 42, a conditional use was approved to permit the sale and dispensing of alcoholic beverages for on-site consumption (Type 47 license}, dancing and a variance from Section 12.26-E the Los Angeles Municipal Code to permit the provision of required parking by off-site lease agreement.

Case No. CUB 83-421 - was approved March 20, 1984, by the Zoning Administrator to provide a conditional use to permit the sale and dispensing of alcoholic beverages for consumption on the premises in the lobby of an existing legitimate theater prior to stage performances and during intermissions in the C4-4 Zone. The State Department of Alcoholic Beverage Control approved a Type 4 7 license for serving a full line of alcoholic beverages for on-site consumption. The permit is valid as of this writing.

Previous Cases, Affidavits, Permits, and Orders On Surrounding Properties:

Case No. ZA 95-0282(CUB)(CUX) - was approved for property adjacent to the subject property on the southerly side, was approved June 30, 1995 by the Zoning Administrator for on-site consumption and a dance hall with live entertainment in conjunction with a restaurant and lounge to accommodate 357 persons.

Case No. ZA 88-0925(CUB) - was approved for a full line of alcoholic beverages for onsite consumption at Miceli's on the northerly property adjacent to the subject property.

Case No. ZA 84-0539(CUB) - was approved December 21, 1984 by the Zoning Administrator as a conditional use at 1646 Las Palmas, to permit the on-site sale of alcoholic beverages.

CASE NOS ZA 2003-2<-tu~(CUB)(CUX) and DIR 2003-3688(RV)

General Plan, Specific Plans and Interim Control Ordinances

Community Plan

PAGE14

The Hollywood Community Plan designates the subject property for Commercial Regional Center with corresponding zones of C4, C2, P and PB. A Regional Center has a higher intensity mix of uses with a focus on entertainment uses.

Specific Plans and Interim Control Ordinances:

The subject property is within the boundaries of the Hollywood Redevelopment Plan.

Streets

Las Palmas Avenue, adjoining the property to the west, is a Local Street dedicated a width of 50 feet and fully improved, intersecting to the north with Hollywood Boulevard.

Hollywood Boulevard, to the north, is a designated Major Highway dedicated a width of 100 feet and fully improved.

The alley, adjoining the property to the north, is a private alley and is fully improved within a 10-foot dedication.

Flood Hazard Evaluation:

The National Flood Insurance Program rate maps, which are a part of the Flood Hazard Management Specific Plan adopted by the City Council by Ordinance No. 154,405, have been reviewed and it has been determined that the property is located in Zone C, areas of minimal flooding.

Environmental Clearance:

On June 19, 2003, the City Planning Department Environmental Staff Advisory Committee (ESAC) issued Negative Declaration No. ENV-2003-2410-ND (Article V - CEQA Guidelines) and determined that this project will not have a significant effect on the environment.

On May 23, 2003, the project was issued a Notice of Exemption (Article Ill, Section 3, City CEQA Guidelines}, log reference ENV 2003-3689-CE, for a Categorical Exemption, Class 21, Category 2, City CEQA Guidelines, Article VII, Section 1, State EIR Guidelines, Section 15100.


PAGE15

Comments from Other Departments or the General Public

LOS ANGELES POLICE DEPARTMENT • ARREST REPORTS AND INVESTIGATIONS

(Period between January 2000 - February 2003)

1 /08/00 Arrest for possession of controlled substance ecstasy and marijuana; 11378 HS. On-site arrest of a person, made by Blue Room security staff, for sale of marijuana.

1/08/00 Arrest for possession of controlled substance; 11379 HS. On site arrest for possession of marijuana by LAPD undercover officers.

1/08/00 Arrest for sales of controlled substance ecstasy; 11378 HS. On-site arrests by undercover officers of a person for selling "X" ( ecstasy) inside of the night club.

6/16/00 Arrest for possession of controlled substance ecstasy; 11379 HS. On-site arrests by undercover officers of a person for selling "X" ( ecstasy) inside of the nightclub.

6/17/00 Arrest for sales of controlled substance ecstasy; 11379 HS. On-site arrests by undercover officers of a person for selling "X" ( ecstasy) inside of the nightclub.

6/17 /00 Arrest for sales of controlled substance ecstasy; 11378 HS. On-site arrests by undercover officers of a person for selling "X" ( ecstasy) inside of the nightclub.

12/09/00 Arrest for possession for sale of ecstasy; 11379 HS. On-site arrests by undercover officers of a person for selling "X" (ecstasy) inside of the nightclub.

2001

4/07/01

4/13/01

4/26/01

Preliminary investigation of plain theft-petty. (On-site)

Arrest for assault with a deadly weapon; 245 (A)(1) PC (On-site). Incident relating to security personnel removing an intoxicated and belligerent patron.

Preliminary investigation of vandalism (On-site). Unknown suspect vandalized security guard, of Blue Room, vehicle.

CASE NOS ZA 2003-24ut:i(CUB)(CUX) and DIR 2003-3688(RV)

PAGE16

6/01/01

6/01/01

8/03/01

8/03/01

8/05/01

9/01/01

10/11/01

10/11/01

11/04/01

11/09/01

2002

2/03/02

3/24/02

4/13/02

5/04/02

Preliminary investigation of battery; (Off-site, but related to incident at nightclub).

Preliminary investigation of battery; (Off-site, but related to incident at nightclub). Security guard had to forcibly remove a problem patron.

Notice to appear for operating as a security guard at a business without a California state license; 75.44.6(A)B&P (On-site). Security at the location did not have in their possession valid California security guard cards.

Notice to appear for operating as a security guard at a business without a California state license; 75.44.6(A)B&P (On-site). Security at the location did not have in their possession valid California security guard cards.

Operating as a security guard at a business without a California state license; 75.44.6(A)B&P (On-site). Security at the location did not have in their possession valid California security guard cards.

Preliminary investigation of battery; (On-site). Victim was inside "Club Blue". While victim was inside he was battered by two different security guards. Victim was pushed outside the club and handcuffed against his own free will.

Follow up investigation of 9/01/01 battery incident.

Second, follow up investigation of 9/01/01 battery incident.

Notice to appear for possession of less than one ounce of marijuana;11357 (b) H&S. (On-site)

Preliminary investigation of theft cell phone. (On-site)

Preliminary investigation of theft wallet (On-site). Unknown suspects took wallet out of victims purse, undetected at nightclub when victim was distracted.

Preliminary investigation of lost property, cell phone (On-site).

Notice to appear for violation of Condition No. 41: business open after 12 midnight. Patrons and operating observed at 1 :30 a.m.

Notice to appear for violation of Condition No. 41; business open after 12 midnight. Open bar service at 12:45 a.m.

CASE NOS ZA 2003-24v~(CUB)(CUX) and DIR 2003-3688(RV)

PAGE17

5/27/02

6/15/02

6/23/02

7/14/02

8/24/02

2003

1/09/03

1/24/03

1/24/03

2/1/03

2/1/03

2/23/03

Preliminary investigation of vandalism. Unknown suspects kicked victims vehicle for no apparent reason and fled parking lot (Off-site).


Preliminary investigation of assault with a caustic chemical (pepper spray). (On-site) A suspect, no longer allowed in the nightclub, peppered sprayed victim. Overspary hit three other nightclub patrons.


Notice to appear for violation of Condition No. 8 sales and service and consumption of alcohol after 12 midnight, No. 9 no food service set for 200 patrons during business hours, and No. 20 no full menu available.




Officers declaration on February 1, 2003, an ABC investigation was conducted at Club Blue. During investigation a minor was served an alcoholic beverage and the Club was operating after 12 midnight in violation of Condition No. 41.




Calls for Service

Period between March 18, 2001 - March 16, 2003, total 12.

Zoning Investigator

PVQ:ek

PAGE18

COUNTY :K'S USE CITY OF LOS AN ES CITY CLERK'S USE OFFICE OF THE CIT RK

ROOM 395, CITY HALL LOS ANGELES, CALIFORNIA 90012

CALIFORNIA ENVIRONMENTAL QUALITY ACT

NOTICE OF EXEMPTION (Article Ill, Section 3-City CEQA Guidelines)

Submission of this form Is optional. The form shall be flied with the County Clerk, 111 No. Hiii St., Los Angeles, Callfomia 90012, pursuant to Public Resources Code Section 21252 (b). Pursuant to Publlc Resources Code Section 21188 (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 I COUNCIL DISTRICT City of Los Angeles Department of City Planning 13

PROJECT TITLE X Revocation Action

I LOG REFERENCE ENV 2003-3689-CE

PROJECT LOCATION X 1642 North Las Palmas Avenue DESCRIPTION OF NATURE, PURPOSE, AND BENEFICIARIES OF PROJECT: XMitigate 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: X Chief Zoning Administrator

CONTACT PERSON I AREA CODE I TELEPHONE NUMBER I EXT. X Pio Vincent Quitoriano X213 X 978-1458

EXEMPT STATUS: (Check One)

CITYCEQA STATE EIR GUIDELINES GUIDELINE

D MINISTERIAL Art. Ill. Sec. 2b Sec. 15073

D DECLARED EMERGENCY Art. Ill, Sec. 2a (1) Sec. 15071 (a)

D EMERGENCY PROJECT Art. Ill, Sec. 2a (2) & (3) Sec. 15071 (b) & (c)

D GENERAL EXEMPTION Art. Ill, Sec. 1 Sec. 15060

D CATEGORICAL EXEMPTION Art. VII, Sec. 1 Sec. 15100

Class 21 Category .2.. (City CEQA Guidelines)

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

JUSTIFICATION FOR PROJECT EXEMPTION: lfhe adoption of an administrative decision or order enforcing or revoking the lease, permit, license, certificate or other entitlement for use or enforcing the general rule, standard or objective

IF FILED BY APPLICANT, ATTACH CERTIFIED DOCUMENT OF EXEMPTION FINDING.

/ ~ATURE / ,q Al:)( Jll./AIJ /. - J

ITITLE City Planning Associate

- / FEE: RECEIPT NO.

DISTRIBUTION: (1) County Clerk, (2) City Clerk, (3) Agency Record Fonn Gen. 183 (Rev. 8-90) (Appendix A) (C.S. 4198)

I REC'D.BY

DATE 5/23/03

DATE

THE APPLICANT CERTIFIES THAT HE OR SHE UNDERSTANDS THE FOLLOWING: Completion of this form by an employee of the City constitutes only a staff recommendation that an exemption from CEQA be granted. A Notice of Exemption is only effective if, after a public review and any required public hearings, it is adopted by the City agency having final jurisdiction (including any appeals) over the project application. If a CEQA exemption is found inappropriate, preparation of a Negative Declaration or Environmental Impact Report will be required. IF THE INFORMATION SUBMIITED BY THE APPLICANT IS INCORRECT OR INCOMPLETE SUCH ERROR OR OMISSION COULD INVALIDATE ANY CITY ACTIONS ON THE PROJECT.

INCLUDINGC:41~ •

NAME (PR~ ~ =s,=G-NA-T...,.U.,,...R_E ________ _

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