kate bartolo 8cassociates

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KATE BARTOLO 8cASSOCIATES January 6,2017 Nazario Sauceda, Director Bureau of Street Services Attn: Lance Oishi, Contract Administrator, Bus Bench Program 1149 South Broadway, Suite 400 Los Angeles, CA 90015 Re: Request for bus bench cancellation, at the NWQ of 6 th /Spring Dear Ms. Sauceda and Mr. Oishi, Please consider this letter and its attachments a formal request for cancellation and permanent removal of the bus bench at the afore-referenced location. This request is further predicated on the bus bench not being relocated to another nearby location. As directed, the owner of the property fronting the bus bench, i.e. the owner of the Manhattan Loft LLC, has submitted a formal letter request outlining the basis for its request to remove the afore-referenced bus bench. The attached Exhibit A outlines the multiple bases for seeking bus bench removal in code and law. For simplicity purposes, i.e. to avoid a lengthy staff review process and the necessity of making health and welfare findings to justify such removal, owner is pursuing the remedy available to it in L.A.M.C Section 68.04 (f); and which provides that a bus bench may be removed if 60% of the neighboring property owners within a 200 foot radius of the subject location support its removal. To that end, we hired GC Mapping to prepare a radius map to identify all the.property owners within the 200 foot radius. There are 15 property owners within that radius. The 60 % threshold is attained if 9 property owners support the bus bench removal. In fact, we have obtained support for the bus bench's permanent removal from 10 owners (66%) of the neighboring property owners. The process to so obtain this extraordinary level of support was such that individual meetings were conducted to brief said owners on the issues involved. In fact, the owners were already aware that the bus bench in this particular location has long been a problem Please note that time is of the essence in requesting such removal. The bus bench continues to pose a health and safety threat to the adjacent restaurant operation. And that same owner, Springtime in New York is soon poised to open another restaurant use directly next door to its original location. The Springtime owner continues to send me photos of misuse of the bus Kate Bartolo & Associates (213) 896-8906- Phone (213) 402-3735 - Fax

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Page 1: KATE BARTOLO 8cASSOCIATES

KATE BARTOLO 8cASSOCIATES

January 6,2017

Nazario Sauceda, Director

Bureau of Street Services

Attn: Lance Oishi, Contract Administrator, Bus Bench Program

1149 South Broadway, Suite 400

Los Angeles, CA 90015

Re: Request for bus bench cancellation, at the NWQ of 6th/Spring

Dear Ms. Sauceda and Mr. Oishi,

Please consider this letter and its attachments a formal request for cancellation and permanent

removal of the bus bench at the afore-referenced location. This request is further predicated

on the bus bench not being relocated to another nearby location. As directed, the owner of the

property fronting the bus bench, i.e. the owner of the Manhattan Loft LLC, has submitted a

formal letter request outlining the basis for its request to remove the afore-referenced bus

bench.

The attached Exhibit A outlines the multiple bases for seeking bus bench removal in code and

law. For simplicity purposes, i.e. to avoid a lengthy staff review process and the necessity of

making health and welfare findings to justify such removal, owner is pursuing the remedy

available to it in L.A.M.C Section 68.04 (f); and which provides that a bus bench may be

removed if 60% of the neighboring property owners within a 200 foot radius of the subject

location support its removal. To that end, we hired GC Mapping to prepare a radius map to

identify all the.property owners within the 200 foot radius. There are 15 property owners

within that radius. The 60 % threshold is attained if 9 property owners support the bus bench

removal. In fact, we have obtained support for the bus bench's permanent removal from 10

owners (66%) of the neighboring property owners. The process to so obtain this extraordinary

level of support was such that individual meetings were conducted to brief said owners on the

issues involved. In fact, the owners were already aware that the bus bench in this particular

location has long been a problem

Please note that time is of the essence in requesting such removal. The bus bench continues to

pose a health and safety threat to the adjacent restaurant operation. And that same owner,

Springtime in New York is soon poised to open another restaurant use directly next door to its

original location. The Springtime owner continues to send me photos of misuse of the bus

Kate Bartolo & Associates (213) 896-8906- Phone (213) 402-3735 - Fax

Page 2: KATE BARTOLO 8cASSOCIATES

NWQ 6th and Spring Bus

Bench Removal Request Page 2 of 2

bench by indigent homeless on a regular basis. Most recently, I was sent a photo of the bus

bench use by a homeless person, in which a bus rider had to stand and wait for the bus.

It should be further noted that the Springtime restaurant operator obtained its revocable

permit in 2014 to allow outdoor seating. Street Services staff maintains that the bus bench was

installed months before the Revocable Permit for Springtime outdoor dining was approved. In

fact, it must be noted that the same department reviewed the Springtime request for outdoor

seating in 2013 and nowhere was it referenced that a bus bench already existed in this location.

There may be some misunderstanding about this among staff. It cites that the prior adjacent art

gallery owner specifically requested the addition of the bus bench and, as represented by staff,

the bench was installed but days later. If that is the case, it would seem then to provide a

time line standard we would respectfully wish to be emulated for the bus benches removal.

Finally, the owner of the adjacent building, Manhattan Lofts, is seeking a fair but swift remedy

for the problems posed by misuse of the bus bench. We had originally sought to relocate the

bus bench to a location fronting the Manhattan Lofts property north of the current location.

However this would have necessitated moving the MTA bus stop and the Dash bus stop further

north, in close proximity to that potential new bench location. Further, at least one, perhaps

two of the adjacent metered parking spaces would have to be removed. If Street Services is

prepared to spearhead such efforts successfully and to do so in a faster timeline, the

Manhattan Lofts owner is ready to support the effort.

Please call me if you have any questions. We appreciate your attention to this matter.

Regards,

Kate Bartolo

Representative for Manhattan Lofts owner and Springtime operator

Page 3: KATE BARTOLO 8cASSOCIATES

I ; ! IIIIIIIIUII 111111111111111 IIIILJII 11111 111111111111111 11111111 i : 1

BOARD OF PU~IC WORKS MEMBERS I

KEVIN .JA.ltES ·1' PRESIDENT '

MONICA ROQ~UEZ VICE PRE~I?ENT .1

MATT SZA'BO • PRESIDENT PROiTEMPORE

I MICHAEl. Ii DAVIS COMMISSIdNER '

BARBARA ~MERO I COMMISS~NER ,

ARLEEN P. TAYLOR ;! EXECUTIVE PFFICER I

i ' I 1; \

CITY OF LOS ANGELES CALIFORNIA

ERIC GARCETTI MAYOR

REVOCABLE PERMIT

I t \ , CITY ENGINEER'S REVOCABLE PERMIT NO. '

This Revocable ~ermit JerebY issued on this day of October 22, 2014

ISSUED TO: \; GOe;Lalasazan (Springtime in NY Cafe)

DEPARTMENT OF PUBUCWORKS

BUREAU OF ENGINEERING

GARY LEE MOORE, PE. ENV SP CITY ENGINEER

1149 S BROADWAY, SUITE 700 LOS ANGELES, CA 90015-2213

http://eng.lacity.org

ADDRESS: i 608 ~~ Hili Street, Suite 906, Los Angeles, CA 90014 FOR THE ;: Full ~ervic8 Restaurant: Placing 7 tables and 14 chairs encroaching approximately 6-ft into PURPOSE OF: I! the ppblic right-o~-way along Spring Street. (See attached approved sketch)

PERMIT CONDI*6NS: .\ • 1. Evidence of the requi,~ Liability In$urance must be presented annually to the Board of Public Works. 2. The tables a~d chairSjshall be pla~ at a maximum of 6-ft from the face of the building along Spring Street, such

that there is ~ rnlnlm~tn 7 teet clear, space for pedestrian traffic from the encroachments to any obstructions, such as street tree grates, parking meters, news racks, trash cans, street lights, or traffic signals.

I, ,I , 3. The tables an~ chairSlshall be placed on the sidewalk during business hours only and shall be removed and stored

inside the prc}~erty at r" other time~. 4. The applicanf ~hall c1~an and maintain the sidewalk areas where the tables and chairs are placed at ali times. 5. Any propose(t ;sidewalk or driveway. or proposed improvements to an existing sidewalk or drive shall comply with

the requirem~nts of tf'Ie Americans with Disabilities Act. 6. All improvembhts on~rivate property shall be constructed under a Department of Building and Safety Permit. 7. consumptio~ 9f alco~1 within the public right-of-way is not allowed without explicit approval from City Planning per

a conditional ilise permit and a perniit from the Alcoholic Beverage Control. 8. Banners, sig~~ge, dJorations, or advertislngs of any kind are not allowed in the sidewalk area. (LAMC 67.02)

9. Smoking is t"ibited!in or n .. routdoor dining areas (lAMC~ ~ ~ i ' I LEMUEL • PAC , .--.~- ~;'eer ~ 1 ; I Central District 1 . I Bureau of Engineering i I i ' 'l October 22, 2014

District Map No.! ' I 129A211. ' . I

Date: Waiver No. N/A -Lessee

NOTE: Arry ViOI~ Of~. pennft conditions 1-9 cOuld result In an Immediate revocation of thIS outdoor S~II< dining permit. Ii J

l ' ,

SITE ADDRESS i lOCA ~ION OF PUBLIC WAY: 557 S. Spring Street \ i ! ; ~

; ! I ! ,

Printed on: 1012212014 at: 3l3i:> PM ! '

I i I ,

AN EQUAL EMPLOYMENT OPPORTUNITY -AFFlRMAnve ACTION EMPLOYER Page: 1 of1

Page 4: KATE BARTOLO 8cASSOCIATES

APPRQVED! Bureau of Englneerinal Central District Offici!

AUG 04 k013 ! . Cd l tA., i . 02zk l By: , l

Name'~I1£k;.tt/9 j , I · !

l : i

----

1 I

i. , , i . i: ,

i !

! i i

u n H

OUTDOPR ~EATING PLAN PROJECT: SPRIN~ TIME IN NY CAFE

. 1557 S. Spring st. . , . LPS ANGELES, CA

\ \ \

SCALE: 1/8"=1'-0"

SHEET: A~8 t-lr---------------i ~~;~~/2013 ! . i

..... / .;.. ~

/ '0. (

I I I

MILAN L 0 J o L

ARC HIT E eTA. I. A .

10524 W. Pico Blvd, Suite 210 LO$ Angeles, California 90064

310-559-9701

Page 5: KATE BARTOLO 8cASSOCIATES

200 FT. RADIUS MAP N

GC MAPPING SERVICE, INC. 3055 WEST VALLET BOULEVARD

ALHAMBRA CA 91803 (626) 441-1080, FAX (626) 441-8850

[email protected]

LEGEND

11. OWNERSHIP NO.

~ OWNERSHIP HOOK

CASE NO.

DATE: 10-31-2016

SCALE: 1" = 200'

OWNERSHIP MAP

Page 6: KATE BARTOLO 8cASSOCIATES

ID APN 0 OWNER NAME M HSE NO MDIR

1 5144-001-020 SB SPRING LLC 312 W

2 5144-002-015 THOMSON FOUNDATION PROPERTIES LLC 3903

3 5144-002-016 PACIFIC INVESTMENTS I AND M LLC 206 W

3 5144-002-017 PACIFIC INVESTMENTS I AND M LLC

4 5144-002-018 600 SOUTH BROADWAY ACQUISITION COMPANY ABC LLC 233 S

5 5144-002-019 616 SOUTH BROADWAY 314 W

6 5149-035-004,005 FIFTH STREET FUNDING INC 541 S

7 5149-035-007 MIDEB NOMINEES INC 541 S

8 5149-035-010 MOSES N ASLAN 1155 N

9 5149-035-011 BROADWAY JEWELRY MART LLC 706 N

10 5149-035-012 FIFTH STREET FUNDING INC 541 S

11 5149-035-014 MANHATTAN LOFT LLC 312 W

12 5149-035-016 to 159 MIDEB NOMINEES INC 541 S

13 5149-036-010 LRW INVESTMENTS LLC 845 S

14 5149-036-016 LOS ANGELES GARAGE ASSOCIATES LEESEE 355 S

15 5149-036-017 6TH ST LOFT LLC 312 W

Page 7: KATE BARTOLO 8cASSOCIATES

M STREET MSFX MUNIT MCITY M STATE MZIP MZIP4 5TH ST OFC LOS ANGELES CA 90013

BELLAIRE BLVD HOUSTON TX 77025

6TH ST LOS ANGELES CA 90014

PO BOX 2535 BEVERLY HILLS CA 90213

BEAUDRY AVE #1100 LOS ANGELES CA 90012

6TH ST #626 LOS ANGELES CA 90014

SPRING ST #204 LOS ANGELES CA 90013

SPRING ST #204 LOS ANGELES CA 90013

LA ClENEGA BLVD #707 WEST HOLLYWOOD CA 90069

RODEO DR BEVERLY HILLS CA 90210

SPRING ST #204 LOS ANGELES CA 90013

5TH ST OFC LOS ANGELES CA 90013

SPRING ST #204 LOS ANGELES CA 90013

FIGUEROA ST #500 LOS ANGELES CA 90017

GRAND AVE #2800 LOS ANGELES CA 90071

5TH ST #201 LOS ANGELES CA 90013

Page 8: KATE BARTOLO 8cASSOCIATES

GC MAPPING SERVICE, INC. 3055 WEST VALLEY BOULEVARD

ALHAMBRA CA 91803 (626) 441-1080, FAX (626) 441-8850 [email protected]

I hereby certify that to the best of my knowledge the attached radius map correctly depicts the required data obtained from records of the Office of the City Engineer, City Clerk and/or City Planning Department of the City of Los Angeles and, where appropriate, the State Division Highways.

I further hereby certify that to the best of my knowledge and under the penalty of perjury, the attached ownership list correctly shows the latest names and addresses on the City Clerk's list records as of the following date: 10/31/16. In certain circumstances, such as in annexation proceedings, where there may be no City Clerk's records, the records of the Cou ty Assessor's Office may be accepted by the Planning Commission.

Signature

I hereby certify that to the best of my knowledge and under the penalty of perjury, the attached occupants list correctly indicates addresses of the required occupants that fall within the radius as of the following date: 10/31116

tJ/A Signature

In celtain instances, I was unable to notify all occupants, therefore the following indicates which occupants I was not able to notify. I understand that the Planning Department 'detennine if reasonable attempts were made to secure these addresses from the infonnation provided below.

Ownership #

*(1) Secured building

(2) Gated yard

(3) Refused access

(4) Other: Specify

Reason unable to notify*

Attempts made Additional to notify** information

**(1) Returned to building on 3 separate occasions

(2) Efforts to contact owner or manager without success

(3) Contact the owner or manager who refused to provide info.

(4) Other: Specify

The Department shall not accept the application, maps and ownership list which bear a date of more than 90 days prior to the date the application is accepted for ElR process.

The applicant may be required to update the radius map and ownership list prior to filing the application for action by the Planning Commission of Zoning Administrator.

561 S. SPRING STREET