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Venice News Updates

News of Venice, CA and Marina del Rey CA

Planning to Hear …

2815 Ocean Front Walk will be heard 27 May, 10 am at West LA Municipal Building, 1645 Corinth Ave., 90025.

Owner want to conversion a storage room into a third dwelling unit (DU), within an existing duplex, on a lot that is approximately 2,520 square feet (2,856 square feet including one- half the alley); the resulting density would be approximately one DU for each 952 square feet of lot area.

Venice Specific Plan Exemptions would be:

    From Section 10.F to allow three (3) dwelling units in lieu of the maximum two (2) dwelling units on RD1.5-zoned lots.

    From Section 13.D. and E. to allow a total of six (6) parking spaces: two (2) for each dwelling unit, in lieu of providing a total of seven (7) required parking spaces: two for each dwelling unit and one (1) Beach Impact Zone (BIZ) space.

Comments or questions can be addressed to Kevin Jones at 213-978-1361 email: Kevin.Jones@lacity.org. Reference case Number APCW2014-3157-SPE-SPP-CDP-MEL and ENV2014-3158-MND.

665 Vernon Ave will be heard 28 May, 9:30 am by Deputy Advisory Agency at Los Angeles City Hall, 200 North Spring Street, room 1050, Los Angeles 90012.

Owner wants a ‘small lot’ subdivision to subdivide one lot into two ‘small lots,’ with one dwelling unit each, in the RD1.5-1 Zone, a Zoning Administrator Adjustment for ‘early start construction’ to permit a front yard prevailing setback of 10 feet in lieu of the required 15 feet; 5 foot side yards in lieu of the required 6 feet for buildings 3-story in height; and a rear yard setback of 5 feet in lieu of the required 15 feet; also, an adjustment to a permit a subdivision with less than the required minimum lot area of 5,000 square feet after dedication, and a Coastal Development Permit (CDP) for the construction of two dwelling units in the Coastal Zone, and Mello (MEL) Determination for the demolition of a 930 sq. ft. single family dwelling.

Comments or questions can be addressed to Kevin Jones at 213-978-1396 email: Kevin.Jones@lacity.org. Reference case number AA2014-1082-PMLA-SL, ENV-2014-1083-MND, and ZA-2014-1084-CDP-ZAA-MEL.

1141 Cabrillo Ave will be heard 21 May, 10 am at West LA Municipal Building, 1645 Corinth Ave., 90025.

Owner wants to demolish an existing single-family dwelling and construct a new 35-foot tall, 3,337 square-foot single-family residence with an attached 405 square-foot garage located on a 2,550 square-foot lot zoned RD1.5-1-O and within the single-jurisdiction area of the California Coastal Zone.

Comments or questions can be addressed to Kellen Hoime at 213-473-9769 email: Kellen.Hoime@lacity.org. Reference case number ZA2014-1346(CDP) and ENV2014-1347-CE.

LUPC to Hear Whaler Tuesday

Land Use and Planning Committee (LUPC) will hear the Whaler, restaurant/pub at 10 Washington, Tuesday at the Terrace Restaurant, 7 Washington Blvd, from 6:45 to 10 pm.

LUPC will also consider de minimis project 513 28th Ave

The Whaler restaurant/pub wants:

a) An Exception from VCZSP Section 13.D to permit zero (0) on-site parking spaces in lieu of the 19 parking spaces
that would otherwise be required;

b) A VCZSP project compliance permit (SPP);

c) A determination of a “Deemed-to-be-Approved” conditional use status (LAMC 12.24-L) for the sale of a full line
of alcoholic beverages in conjunction with an existing 3,096 sq ft 2-story restaurant accommodating 214 patrons and having interior hours of operation from 6 a.m. to 2 a.m. daily, currently selling a full line of alcoholic beverages;

d) Approval of Plans (LAMC 12.24-M) to allow the sale and dispensing of a full line of alcoholic beverages for on- site consumption in an existing 754 sq ft patio having 36 patron seats and hours of operation from 6 a.m. to 2 a.m. daily, in conjunction with a “Deemed-to-be-Approved” 3,096 sq ft 2-story restaurant accommodating 214 patrons and having interior hours of operation from 6 a.m. to 2 a.m. daily, currently selling a full line of alcoholic beverages;

e) A Coastal Development Permit, in the dual permit jurisdiction coastal zone

Applicant: Dafne Gokcen
LUPC Staff: Ramsey Daham & Robin Rudisill

Simmzy’s, 37 Washington Blvd, Moves on W/O Parking, Change of Use, Loading, Coastal Permit

Simmzy's

By Roxanne Brown, Venice Neighborhoods’ Coalition

Note: The City Planning ZA determination on the Building & Safety appeal from the neighbors was issued on April 9, 2015, which again denied the neighbors’ appeal of the City’s decision on the neighbors’ initial appeal of October 25, 2013.

The neighbors appealed this latest City determination last Friday, April 24th, and it will be heard by the West LA Area Planning Commission in the near future.

NO CHANGE OF USE For T-Shirt shop conversion to Pub/Restaurant?
The City approved 37 Washington’s (which was a T-shirt/clothing retail store for approximately 20 years) transforming from a retail clothing shop to a Simmzy’s Pub/Restaurant. Though a pub (serving 30 kinds of beer and wine) is likely to attract more customers and be an increased intensity of use, the City did not require a change of use.

Not only did the City NOT require a Coastal Development Permit for this brand new pub and restaurant at 37 Washington, located in the Dual Permit Jurisdiction Coastal Zone, but they processed it as if it was in the SINGLE Permit Jurisdiction Coastal Zone, in violation of their own LAMC (Los Angeles Municipal Code) as well as State law.

NO PARKING REQUIRED?
NO LOADING ZONE?
NO HANDICAPPED SPACE?

The neighborhood fought hard in the City’s Conditional Use Permit – Alcoholic Beverage (CUB) public process to get conditions assuring that delivery trucks would not park in the alley between residents’ homes and the Pub. The CUB was conditioned to assure this.

But, after the CUB became effective and the public hearing process ended, the City approved revised plans that prevent the loading zone on Washington Blvd from being used to park delivery vehicles. This forces the vehicles into the alley between the residences and the Pub.

The loading zone on Washington had been used as parking for approximately 20 years by the retail store.

No parking for the Pub is being required, not even one handicapped space. Normally, because there would be additional parking required for a pub as opposed to a retail use.

CONSTRUCTION OF NEW RESTAURANT–INTERIOR AND EXTERIOR–IS NOT CONSTRUCTION OR RECONSTRUCTION?
The entire foundation was removed at 37 Washington and significant, deep grading, both throughout the building and in the loading zone, was done in order to allow for all new plumbing and electrical. A brand new commercial kitchen is being built, as there had been no kitchen in the Retail Store for the last 20 years. All but the skeleton of the two walls touching the adjacent properties was removed. And yet the City did not require this brand new restaurant to have a Coastal Development Permit prior to approving its building permit.

On Christmas Eve, a member of the State Coastal Commission staff signed a letter stating that no Coastal Development Permit was required because: the brand new pub/restaurant was merely a “tenant improvement”; there is not only NOT a change of use but there is also not an increased intensity of use; there is no grading or construction/reconstruction, even though the Coastal Commission Staff out of the same South Coast District Office had already issued several written directives to the City and Applicant stating that there is grading, construction and reconstruction and that a Coastal Development Permit is required for Simmzy’s.

This significant December 24th action was not reported to the Coastal Commissioners.

REMEMBER THE LIGHTNING STRIKE? Safe Streets Councilmember Bonin?
The area surrounding 37 Washington, future site of Simmzy’s Pub (part of a chain), is already unacceptably congested, with a significant parking deficit and serious traffic problems.

Does anyone remember last summer’s lightning strike? Due to significant traffic congestion, emergency vehicles and personnel were significantly delayed when trying to reach victims at the beach.

For the City to allow even more traffic congestion in this very area, after lightning struck and gave one and all a devastating lesson that safety had already been significantly compromised, sure seems like dereliction of duty.

CALIFORNIA COASTAL COMMISSION IS PROTECTOR OF COASTAL ZONE?
So who is protecting our Special Coastal Community of Venice? Who is responsible for safety in this area? Who is responsible to protect Coastal Access for the Public?

Those whom we would expect to be doing these things appear to be “giving it away” as gifts on Christmas Eve. It seems our City and State officials are making decisions that not only cause severe damage to our communities today and permanently harm them forever, but that also set precedents that will cause the already significant detrimental effects that they are allowing to accumulate and thus severely harm the community of Venice, which is to be protected, according to State law.

Our regulators/protectors appear to have been “swayed.” This is particularly unfortunate, as the California Coastal Commission has since its inception in 1976 been known to be one of the premier organizations of its kind. It had not been “swayed” by those it regulated; but actions like these seem to indicate this may no longer be the case.

MAYOR ERIC GARCETTI AND COUNCILMEMBER BONIN’S LEGACY?
Venice is under assault by some developers who are taking full financial advantage of the City’s anything goes attitude. Their profit margins represent the gains from what appears to be illegal and/or legal loophole development. Their gains seem to be at the expense of residents’ and citizens’ safety. This is being allowed by Mayor Garcetti’s administration and Councilmember Bonin’s office.

If this is not brought to a halt, this assault and pillage of Venice, a protected coastal community, will go down in history as one of the worst things to ever happen in the California Coastal Zone.

IF YOU CARE?
Email councilmember.bonin@lacity.org
Do it now or you won’t do it.
One line will do:

“Stop bad development practices in Venice. We want action – not lip service.”

It’s never too late….

Simmzy’s Determination & Coastal Commission Exemption Documents State …

Update got documents … the paper work at press time. Not the best time. Apparently, there was a restaurant there before the T-Shirt establishment and restaurant was the last legally permitted use.

Update thinks it was the original place for the Cheese and Olive restaurant and deli, owned by Nick the Greek, Nicholas Kokkinakis.

Many appeals have occurred as stated in Roxanne Brown’s article. Determination paper work does not record any renovation beyond a remodel. Was this a “Venice remodel” as Roxanne implies?

Zoning Administrator approved a Conditional Use to permit the sale and dispensing of beer and wine for on-site consumption, in conjunction with a proposed 1,560 square-foot· restaurant within the C4-1-0 Zone, with seating for 44 patrons indoors and 12 patrons on the patio, with hours of operation from 11 am to 11 pm Monday through Thursday, 11 am to 12 midnight Friday, 9 am to 12 midnight Saturday, 9 am to 11 pm Sunday, and opening at 9 am during five weekday special events per calendar year, subject to modified Conditions of Approval. Retractable windows and doors are to be opened no earlier than opening time and be closed by 9 pm Sunday thru Thursday and 10 pm Friday and Saturday.

Deliveries to the restaurant are to be made from Washington Boulevard with the vendors using the front door before the restaurant opens, and the back door after opening. Loading and unloading from the alley may occur only between 11 am and 5 pm, Monday through Friday, and 10 am to 5 pm on Saturday. All vendors making deliveries shall be made aware of these restrictions.

West LA Area Planning Commission denied an appeal to above 14 June 2013 decision. So above conditions stand and cannot find any other planning documents to refute the above conditions.

Coastal Commission Permit
Permit exemption from Coastal Commission states that “The proposed development is an interior modification to an existing use with no change in the density or intensity of use (Coastal Act Section 30106).” The following is from the Permit exemption.

“Project Description: Tenant improvements to an existing vacant restaurant building. There are a total of 43 restaurant seats, including 5 bar, 13 fixed and 25 additional non-fixed seats and a 10’1″ wide nonconforming loading zone in the rear. Improvements do not change the use or intensity of use of the restaurant site.

Please be advised that only the project described above is exempt from the permit requirements of the Coastal Act.”

Some Questions
Is the loading zone still there? Are there going to be only 43 seats? If one adds square footage to the building, does that disqualify “existing?”

Sauce–Re-Appeal, Win or Lose?

Sauce Proposed
Proposed rendering of new Sauce. (Photo courtesy of Ilana Marosi.)

traffic
Traffic on Rose at Hampton shows present congestion with Rose Cafe not open and Sauce restaurant not expanded. (Photo courtesy of Ilana Marosi.)

Sauce restaurant at 259 Hampton had a “reconsider” meeting before the Area Planning Commission (APC) 1 April. Sauce had been approved but was appealed by Ilana Marosi. The APC unanimously approved the appeal which was a defeat for the Sauce restaurant. New facts and figures were found and thus the “reconsider,” which is what Roxanne Brown is reporting.

By Roxanne Brown

The Area Planning Commissioners, with only 3 in attendance versus five last time, HAD TO COME TO A UNANIMOUS VOTE. OTHERWISE, if they did not all agree, the result would be DENIAL OF APPEAL.

REMEMBER, the CITY had ALREADY APPROVED THIS. Then VENETIANS won the APPEAL. This was the best result Venetians could get with a RE-APPEAL.

259 SAUCE REPRESENTD BY: Owner Richard Gottlieb, Architects Stephen Vitalich and Sam Marshall, Consultant Laurette Healey, Lawyer Ben Reznik

As most Venetians know, the City approved 259’s proposed change of use from retail/take out to late night restaurant/bar with full alcohol license, providing no parking, as close as 15 feet to residents’ homes.

There was an Appeal Hearing on January 7th – Five West LA Planning Commissioners voted unanimously to Uphold the Appeal and Deny the Project. Details in prior Update.
After that decision, 259 Applicant requested and was granted a Re-hearing due to missing audio report and contradictory site plans.

Residents noted the many changes and new submissions that appeared in the City’s files, most just a few weeks prior to 1 April Re-hearing:
– At 7 January Appeal hearing a 12-page audio report from an unnamed expert was missing
– When requesting Re-hearing on 21 January at Commission, audio expert Marshall Long was introduced with a 7-page audio report, written March 11
– Subsequently, a 5-page audio report appeared from Roger Smith
– A traffic report from Ron Hirsch, written March 3rd
– A totally new site plan – the 3rd plan – appeared on March 16th

Laurette Healy, Applicant’s Consultant, spoke for the applicant and said:
– Change of use would be a less intense use than retail/take out
– More alcohol licenses do not affect crime rate
– No “in-lieu” parking fees are required – no need to grant parking

Gottlieb said there would be less trips (car) than there are now.
Vitalich said they would provide valet parking in structures. He did not state where or how many cars that would hold.

Chris Robertson from Councilman Bonin’s office stated that Council’s Office was opposed to the second floor and alcohol permit with 259’s track record of illegal operations for five years.
The Commissioners began a discussion. One main point was that this seemed like a completely different project than what was appealed and shouldn’t it start all over going through VNC and LUPC?

City Attorney, Kathy Phelan, and City employees, Theodore Irving, Kevin Jones and Simon Pastucha encouraged the Commissioners to approve the “new” project, which they said now mitigated noise and addressed parking concerns.

Although applicant and City said 259 was a totally enclosed space, the site plan showed an outdoor second story patio space.

Commissioner Joe Halper wanted to uphold the Appeal, Commission President Thomas Donovan said he could go either way – uphold or add conditions, Commissioner Esther Margulies wanted to approve with conditions. All three agreed to approve with conditions. Despite Bonin’s office being anti-second floor, Donovan allowed it.

Venetians won some conditions:
– No Alcohol Permit – can reapply in a year.
– Applicant must submit details of where valet parking would be to get permit.
– Acoustic testing of the enclosed building.
– No dining outside – no patio – no balcony – no open roof design.
– Conditions will be made for more reasonable hours of operation.

The Corner of Rose and Hampton will now have two restaurants with bars and valet parking at this busy intersection: The new Rose and 259 Hampton.

The Full Circle “church” is also on this corner. Neighbors have called police complaining of alcohol consumption and rowdy late night partying at Full Circle.

This triple threat of more activity could result in more traffic congestion, less beach access parking, significantly more noise as patrons come and go, creating more of a nuisance along this coastal access Rose Avenue route, as tourists and residents head toward California’s number one tourist attraction – Venice Beach.

VENETIANS SHOWED that we ARE NIMNBYS – NOT IN MY OR MY NEIGHBOR’S BACK YARD!!!

My Voice Matters Video

My Voice Matters! Film was received today from the Venice workshop put on by Institute for Public Strategies 11 March at Oakwood Recreation Center.

Panelists were Brenda Simmons, executive vice-president for Institute for Public Strategies; Tricia Keane, planning director for Councilman Mike Bonin; Claudia Martin, local neighborhood prosecutor for quality of life issues from City Attorney’s office; and Sarah Blanch, Westside impact project manager for Institute for Public Strategies.

Firestone to be Heard 26 March

Firestone Brewery, located at Lincoln and Washington in old World Gym facility, will be heard 26 March by Zoning Administrator at 10:30 am, West LA Miunicipal Building, 1645 Corinth, 90025.

Firestone Walker Brewery wants a Conditional Use Permit to authorize the sale and dispensing of beer and wine for on-site consumption and the sale, brewing, and dispensing of beer only for on- and off-site consumption. In addition, they want a Conditional Use Permit to authorize hours of operation from 11 am to 11 pm, Sunday through Thursday and 11 am to 12 midnight, Friday and Saturday, in the C2-1 Zone. All of this is in conjunction with a proposed 7,613 square-foot restaurant/retail/brewery (Firestone Walker Brewery) with 2,717 square feet of service floor area with seating for 187 patrons, and 4,580 square feet of office/retail, 987 square feet of which is designated retail space within existing improvements.

Comments may be sent to JoJo Pewsawang, at JoJo.Pewsawang@lacity.org, 213-978-1214.

Marina Update

By Jon Nahhas
Regional Planning Commission approved the Venice Dual Force Main Project and the proposed route underneath Via Marina, 25 February.

Like LA City did in its public meetings on the project, the County purposefully withheld the details of its own lawsuit from its County Commissioners and was absent from their packet of information. Anita Gutierrez, Department of Regional Planning Rep, gave a five-sentence summary of the long litigation process and simply stated that the County didn’t prevail.

The Grassroots Coalition and others presented information to the Commissioners on the dangers of the abandoned gas/oil wells along the proposed route. Beth Holden spoke about the need for more science and the traffic issues associated with the project. Dr. Dan Gottlieb discussed the problems with the Shores project including the leaking abandoned oil wells beneath The Shores and false traffic studies by the County. Kathy Knight of the LAX/Marina Sierra Club spoke on the impacts of other projects and how they are related to the Sewer Project.

The City’s staffers were not only backed by County staffers, but the LA Waterkeeper and Heal the Bay (each organization only attending 1 meeting). They were not concerned so much about the botched environmental review as they were the idea of placing the sewer pipe on the beach close to the water (both discussed sea level rise).

County Counsel quickly tried to spin the Commission after I commented on the huge debacle of the Commission not being informed of why their attorneys spent millions of taxpayer dollars fighting the bad EIR and challenging the City on its deficient traffic studies. I read part of the County’s Opening Brief in court to the Planning Commissioners during my testimony and it obviously created a nervous situation for City and County operatives (each tried to dispute my testimony):

“The EIR considered a number of impacts, including impacts on traffic from the construction of the Project. The EIR that was circulated to the public, however, understated the traffic impacts of both the Via Marina and Pacific Avenue routes. It severely undercounted the traffic impacts of using the Via Marina route because it assumed that only one lane of traffic would need to be closed during construction. However, the City later revealed that two lanes would need to be closed, leaving only one lane open in each direction. The City subsequently commissioned a second traffic study, which revealed that using the Via Marina route would cause significant reductions in the levels of service at several intersections and street segments along Via Marina. In addition, while the original traffic study only considered the cumulative impacts from ten related projects, the second traffic study considered cumulative impacts from 38 related projects.

Despite this significant new information, the City refused to re-circulate the EIR to allow the public to understand the issues relating to the Project, including traffic impacts and cumulative impacts, and to comment on them. The City incorrectly concluded that the traffic impacts from the Project will be less than significant because they will be temporary. In addition, the City incorrectly concluded that the second traffic study merely “corroborated and refined” the information contained in the first traffic study. There is not substantial evidence in the record to support the City’s decision not to re-circulate the EIR.

In addition, the EIR was defective because the Draft EIR considered only fifteen projects in its analysis of cumulative impacts in areas other than the traffic, including but not limited to noise, air quality, visual and aesthetic resources, and geology, soils and seismicity. It later determined that there were a number of additional related projects that were not considered in the Draft EIR, but it never revised the EIR to consider the cumulative impacts from these additional projects, as well as appropriate mitigation measures, and to re-circulated the EIR if the revised EIR includes significant new information.”

County Counsel did say they still believe these assertions are true but that they “lost on the claims.” Technically, they did not lose on the claims – they decided not to pursue. Why not?

Planning Commission to hear Appeals for 416, 418-422 Grand Blvd

West LA Planning Commission will hear an appeal for 416 Grand Blvd will be heard 4 March, 4:30 pm at Henry Medina Facility, 11214 West Exposition Blvd, LA, 90064. This was originally set for 4 February.

Appelants are: Angelina Meany, David Troy Smith, Kevin and Terry Keresey, Another set of appelants are: Robin Rudisill, Dr. Judith Goldman, Lydia Ponce, Laddie Williams, Kim Michalowski.

The hearing involves an appeal of the Zoning Administrator’s decision to Approve a Coastal Development Permit authorizing the construction of a new single-family dwelling in the single permit jurisdiction area of the California Coastal Zone pursuant to Los Angeles Municipal Code Section 12.20.2, and to adopt the action of the Lead Agency in issuing Mitigated Negative Declaration ENV- 2014-1357-MND, as the environmental clearance for the subject action. This is Case No. ZA-2014-1356-CDP-1A.

West LA Planning Commission will hear an appeal for 418 – 422 Grand Blvd will be heard 4 March at 4:30 pm at Henry Medina Facility, 11214 West Exposition Blvd, LA, 90064. This was originally set for 4 February.

Appelants are: Jason Lord, Angelina Meany, David Troy Smith, Kevin and Terry Keresey. Another set of appelants are Robin Rudisill, Dr. Judith Goldman, Lydia Ponce, Laddie Williams, Kim Michalowski.

The hearing involves an appeal of the Zoning Administrator’s decision to Approve a Coastal Development Permit authorizing the construction of a new single-family dwelling in the single permit jurisdiction of the California Coastal Zone pursuant to Los Angeles Municipal Code Section 12.20.2, and to adopt the action of the Lead Agency in issuing Mitigated Negative Declaration ENV-2014- 1357-MND, as the environmental clearance for the subject action. Case No. is ZA2014-1358-CDP-1A

Planning to Hear Rennie Conversion

328 Rennie Ave will be heard 26 February, 10 am, City Hall, 200 North Spring Street, Room 1050, 90i012.

Owner wants to do a one-lot subdivision for the conversion of an existing three-unit apartment into a three-unit condominium with seven parking spaces.

All comments and questions can be addressed to Joey Vasquez, 213-978-1487, Joey.Vasquez@lacity.org.