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CITY OF WEST HOLLYWOOD APPROVING A

DEMOLITION PERMIT, DEVELOPMENT PERMIT,

CONDITIONAL

USE

PERMIT,

MINOR

CONDITIONAL USE PERMIT, ADMINISTRATIVE

PERMIT

AND

CERTIFICATE

OF

APPROPRIATENESS, AND VESTING TENTATIVE

TRACT MAP, IN CONJUNCTION WITH THE

PROPOSED 241-ROOM HOTEL DEVELOPMENT

WITH ASSOCIATED MEETING AND EVENT

SPACE, RESTAURANT AND RETAIL USES, AND

PARTIAL PRESERVATION AND ADAPTIVE REUSE

OF A POTENTIAL CULTURAL RESOURCE ON THE

SITE FOR A PROJECT LOCATED AT 645-681 N.

ROBERTSON BOULEVARD AND 648-654 N. LA

PEER DRIVE, WEST HOLLYWOOD, CALIFORNIA.

(ROBERTSON LANE).

THE CITY COUNCIL OF THE CITY OF WEST HOLLYWOOD DOES

HEREBY RESOLVE AS FOLLOWS:

SECTION 1. An application for Master Project (MP17-0076) including

General Plan Amendment (GPA-014-001) Specific Plan (SPA-014-001); Zoning

Text Amendment (ZTA18-0002) Zoning Map Amendment (ZMA-014-001);

Certificate of Appropriateness (COA17-0021); Demolition Permit (DMP-014-012);

Development Permit (DVP-014-017); Conditional Use Permit (CUP-014-002 &

CUP-014-003); Minor Conditional Use Permit (MCP-014-006); Administrative

Permit (AP0-014-014), and Vesting Tentative Tract Map No. 73699

(TTM-014-004) was filed on May 15, 2014 by Faring Capital, LLC and Robertson Court,

LLC for the redevelopment of a 1.94-acre site with a hotel and ancillary uses.

The application was deemed complete on June 23, 2014. On April 19, 2016, the

applicant submitted an updated application for a revised project to include partial

rehabilitation, relocation and adaptive reuse of a potential cultural resource and

construction of a new, 241-room hotel with associated restaurant, retail, fitness,

spa and nightclub uses.

SECTION 2. Notice of the public hearing before the City Council was

posted on the site for a period of at least 28 days beginning on May 7, 2018.

Notices to surrounding property owners and residents as well as to

Neighborhood Watch groups and interested parties including those who have

previously commented on the project were mailed on May 24, 2018. Copies of

the staff report and attachments have been on file at the West Hollywood City

Hall and West Hollywood Library since May 30, 2018. The City Council properly

reviewed and considered this matter at a public hearing on June 4, 2018.

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SECTION 3. This project was reviewed by the Historic Preservation

Commission (HPC) at its meeting of January 22, 2018. At that time, the HPC

passed Resolution No. HPC 18-126 recommending that the City Council certify

the Final EIR, adopt a Mitigation Monitoring and Reporting Plan and approve a

Certificate of Appropriateness in conjunction with the proposed project.

SECTION 4. This project was reviewed by the Planning Commission at its

meeting of March 1, 2018. At that time, the Planning Commission unanimously

adopted Resolution No. PC 18-1246 recommending that the City Council

approve the proposed project. The Planning Commission recommended that the

outdoor dining areas be permitted to operate until 2:00 a.m. and be permitted to

have amplified music at ambient levels consistent with the noise mitigation

measures contained in the Final EIR. The Planning Commission also

recommended that the public benefit analysis be revised to include new

information regarding Alternative 3, and be conducted consistent with the City's

public benefit framework tool. Finally, the Planning Commission recommended

inclusion of a condition requiring that the project be reviewed by the Commission

at public hearings three, six, and twelve months following commencement of use

to determine whether the conditions of approval concerning alcohol service and

amplified sound are adequate to avoid negative effects on surrounding land

uses. All of these recommendations have been incorporated in this resolution

approving the proposed project.

SECTION 5. Pursuant the California Environmental Quality Act (CEQA)

(Public Resources Code Section 21092.5), the City circulated a Notice of

Preparation of an Environmental Impact Report (EIR) for a period of 43 days

from December 11, 2014 through January 23, 2015. A public scoping meeting

was held on January 7, 2015. A Draft Environmental Impact Report (EIR) was

prepared and a Notice of Availability of the Draft EIR was circulated for a period

of 62 days from March 23, 2017 to May 24, 2017. The Final EIR and Mitigation

Monitoring and Reporting Program (MMRP) were made public on February 8,

2018. All required notifications were provided pursuant to CEQA (Public

Resources Code Section 21092.5) and all comment letters were incorporated

into the Final EIR. Planning Commission recommended certification and adoption

of the MMRP for Alternative 3 in Resolution No. PC 18-1243.

SECTION 6. Following circulation of the DEIR, the applicant submitted a

revised project which is reflected in the Final EIR as Alternative 3. While the

proposed project that was analyzed in the DEIR would not result in any

substantial adverse change to the historical resource under CEQA, Alternative 3

refines the new structures to better relate to the repositioned and rehabilitated

Factory Building. Under Alternative 3, the massing of the proposed hotel building

has been reduced near the historic structure and other existing development

along Robertson Boulevard. Alternative 3 also includes minor design and

programmatic changes to the proposed hotel building to ensure that the hotel's

design is efficient for future operations. Alternative 3 also includes the elimination

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of the proposed parking structure located beneath the western portion of West

Hollywood Park and all of the parking for the project is located in a subterranean

structure located within the project boundaries. No construction is proposed for

West Hollywood Park, and no subterranean access is proposed beneath

Robertson Boulevard. Alternative 3 does not affect any impact conclusions in the

DEIR. The programming of the spaces is not more intense than the project

studied in the DEIR, the project remains largely the same with respect to floor

area, uses, height and design, and changes made in Alternative 3 will enhance

the preservation of the Factory Building. Therefore, recirculation of the document

was not required. The approvals contained in this resolution refer to the project

as proposed in Alternative 3.

SECTION 7. In accordance with WHMC Section 19.50.050, the City

Council makes the following findings regarding request for Demolition Permit

DMP-014-012:

a. All other applications for discretionary permits necessary for the new

project to be constructed on the site will be approved simultaneously

with this permit; and

b. The building or structure is a designated resource listed on the

California Register of Historical Resources, but is being dismantled,

partially reassembled, relocated, and rehabilitated on the site pursuant

to a Certificate of Appropriateness for which the Historic Preservation

Commission has recommended approval. The project has been

evaluated as part of an Environmental Impact Report which concluded

that the proposed alterations to the Factory Building, with

implementation of the Mitigation Measures included in the MMRP, will

not constitute a substantial adverse change to the historical resource.

All other structures on the site will remain intact with the exception of

the surface parking lots.

SECTION 8. In accordance with WHMC Section 19.48.050, the City

Council makes the following findings regarding request for Development Permit

DVP-014-017:

a. The proposed use or construction is allowed by Article 19-2 within the

applicable zoning district, and complies with all other applicable

provisions of this Zoning Ordinance and the municipal code in that,

with the adoption of the Robertson Lane Specific Plan, the project will

be fully consistent with the development standards and allowed uses

within the Specific Plan. Furthermore, the uses proposed for the site

(hotel, restaurant, retail, nightclub and wholesale design showroom)

are all permitted in the vicinity of the site and compatible with similar

uses nearby including nightclubs such as The Abbey, restaurants such

as Bossa Nova and Tortilla Republic, hotels such as the Kimpton

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which was recently completed on La Peer Drive, and various retail and

design-related uses throughout the nearby area. Where applicable the

uses approved herein have been conditioned to comply with any

specific land use requirements set forth in WHMC Section 19.36

(Specific Land Uses). Parking and loading on the site will fully comply

with WHMC Chapter 19.28 with no fewer than 750 parking spaces

proposed, including at least 25 parking spaces in excess of code­

requirements.

b. The proposed project can be adequately conditioned so as not to

endanger, jeopardize, or otherwise constitute a menace to the public

convenience, health, interest, safety, or general welfare of persons

residing or working in the neighborhood of the proposed use. The

proposed project is located in a portion of the City that is zoned entirely

commercial, and is not directly adjacent any residentially zoned areas.

In addition, uses contained within the new development will be similar

in nature to other uses existing in the vicinity of the site, including hotel,

restaurant, nightclub, retail and design showroom. Nevertheless, the

project includes conditions of approval limiting hours of operation and

requiring sound attenuation and/or mitigations to avoid noise-related

impacts on surrounding neighborhoods. The site will include adequate

off-street parking and loading pursuant to Chapter 19.28 of the WHMC,

and will offer excess parking on the project site at subsidized rates

consistent with rates charged by City parking facilities to serve and

support existing businesses in the area. Furthermore, the project will

enliven the streetscape, and activate both La Peer Drive and

Robertson Boulevard which has been shown to enhance pedestrian

safety. The project will be required to implement a construction period

mitigation plan to avoid any undue burden on users of the surrounding

properties during construction. In addition, mitigation measures as

provided in the Mitigation Monitoring and Reporting Program in the

Final EIR will be incorporated to ensure that the project does not have

any significant effect on the environment or sensitive users in the

vicinity. Therefore, the project is adequately conditioned so as not to

endanger, jeopardize, or otherwise constitute a menace to the public

convenience, health, interest, safety, or general welfare of persons

residing or working in the neighborhood of the proposed use.

c. The proposed use or construction is consistent with the objectives,

policies, general land uses, and programs of the General Plan and any

applicable specific plan. The proposed project is consistent with the

vision that the General Plan sets forth for the Melrose/Beverly District.

The project meets the intent of General Plan by maintaining

consistency with the following General Plan goals and policies:

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1.

LU-1.3: Encourage new development to enhance the pedestrian

experience and

LU-11.1: As feasible, encourage public plazas as

part of development projects. The proposed project achieves the

intent both of these policies by providing a pedestrian paseo to

connect La Peer Drive and Robertson Boulevard as well as

pedestrian plaza areas with outdoor seating, outdoor dining and

active pedestrian-oriented land uses on either end.

2.

LU-4.2: Continue to improve the pedestrian environment through a

coordinated approach to street tree planting, sidewalk maintenance

and enhancement, pedestrian amenities, and a focus on human­

scale frontage design for building renovations and new

development projects. The project includes streetscape

improvements and street trees consistent with the Design District

Streetscape Masterplan. In addition, the project includes a

pedestrian paseo spanning between Robertson Boulevard and La

Peer Drive, which features pedestrian seating, outdoor dining, and

open space on either end, all of which are considered pedestrian

amenities consistent with the West Hollywood Design District

Streetscape Master Plan (p.10). The project has been designed to

feature reduced massing along the Robertson Boulevard frontage,

offering a human-scale streetfront along the west side of the street.

3.

LU-4.3: Continue to implement parking strategies and standards

that ensure parking areas do not dominate street frontages and are

screened from public views whenever possible. The project will

include the elimination of extensive surface parking areas that front

on both Robertson Boulevard and La Peer Drive, and will result in

the provision of sufficient replacement parking located in an entirely

subterranean parking structure, screened from public view.

4.

LU-1.8: Promote the establishment, retention, and expansion of

businesses that provide employment for West Hollywood's

residents and the surrounding region and

LU-1.10: Encourage new

non-residential land uses that contribute to a strong and diversified

local economy. The project will include uses such as hotel,

restaurant, retail and nightclub that are key to the success of the

City and contribute to its economic vitality. These uses will provide

employment opportunities for residents of the City as well as the

greater Los Angeles region.

5. Goal

HP-3 and Policy HP-3.4 seek to encourage the protection of

historical resources and encourage adaptive reuse and

rehabilitation. The project incorporates the majority of the Factory

Building into the Robertson Boulevard frontage and will result in the

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rehabilitation of the building consistent with the Secretary of the

Interior's Standards.

i. The proposed project will not impede the implementation of any

of the objectives, goals, or policies of the West Hollywood

General Plan. Furthermore, the project will maintain consistency

with the Robertson Lane Specific Plan in that the project

provides for significant benefits to the city, and expands uses

which are considered to be of significant importance including

historical uses of the site (nightclub, restaurant, design

showroom). The project, as designed, is consistent with the

development criteria set forth in Section 19.16.040 (Robertson

Lane Specific Plan.)

d. The new structure is compatible with the scale, bulk and mass of

existing structures in the vicinity of the subject property, and does not

impair the integrity and character of the zoning district in which it is to

be located in that while the project has been designed to be larger than

the development immediately surrounding the site, it has been set back

to remain sensitive to the scale of existing development along

Robertson Boulevard and the scale of the Factory Building, to be

relocated along the Robertson Boulevard frontage. The project design

also responds to the massing of the building that was approved to be

built at the Melrose Triangle, and the existing Pacific Design Center.

The use of additional height and density at this site will allow buildings

of variable heights in this commercial region of the City. The location of

the Factory Building on the Robertson Boulevard frontage will maintain

the existing scale of development on the street while "opening up" the

entrance to the pedestrian paseo and enabling ground level open space

along the paseo throughout the width of the site. The project design will

enhance the neighborhood surrounding the site by introducing a

building high-level of architectural integrity and design, and will enhance

the streetscape in the Melrose/Beverly District and the greater Melrose

Triangle area by introducing a pedestrian-oriented frontage and

pedestrian paseo through the project. Therefore, the proposed project

will be compatible with the pedestrian-scaled development in the vicinity

and will not impair the integrity and character of the zoning district in

which it is located]

SECTION 9. In accordance with WHMC Section 19.52.050, the City

Council hereby makes the following findings regarding the request for Conditional

Use Permit CUP-014-002 for operation of a hotel which includes ancillary alcohol

service for hotel rooms, hotel meeting and conference facilities and hotel bars:

a) The proposed use is allowed within the applicable zoning district with

conditional use permit approval, and complies with all other applicable

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provisions of this Zoning Ordinance and the Municipal Code. With the

approval of the Robertson Lane Specific Plan, the hotel use is

permitted on the project site. The project has been designed to comply

with the development standards pertaining to height, density, land

uses, and design criteria set forth in WHMC Section 19.16.040

(Robertson Lane Specific Plan) being considered contemporaneously

with this entitlement. The hotel has been designed and conditioned to

comply with the requirements for hotels in commercial zones as set

forth in WHMC Section 19.36.150, including provisions for the

treatment of the primary street frontage, location of delivery and

loading areas, and design elements to promote sensitive design for

both users of the site and surrounding residents. The proposed hotel is

not located adjacent to or in the immediate vicinity of any residentially

zoned property. The project is designed to provide sufficient parking

(as required in Chapter 19.28 of the WHMC, in a subterranean parking

structure on the project site. Therefore, the hotel use, as proposed, is

permitted in the applicable zoning district and complies with all other

applicable provisions of the Municipal Code.

b) The proposed hotel use is consistent with the General Plan and any

applicable specific plan. The proposed hotel is consistent with the

intent of the following General Plan Provisions:

1.

LU-1.8: Promote the establishment, retention, and expansion of

businesses that provide employment for West Hollywood's

residents and the surrounding region;

LU-1.10: Encourage new

non-residential land uses that contribute to a strong and diversified

local economy, and

ED-2.1: Continue to seek opportunities for

revenue generation by supporting the City's major revenue

generating industries, including: fashion, arts, and design-related

uses; entertainment and tourism, including hotels, restaurants,

bars, nightclubs, and other entertainment venues; and media

industry, including film production, offices, and related businesses.

The hotel and related restaurant, retail and nightclub uses

proposed with this project are key to the success of the City and

contribute to its economic vitality. These uses will provide

employment opportunities for residents of the City as well as the

greater Los Angeles region, and will support the ongoing fiscal well­

being of the City of West Hollywood through provision of transient

occupancy tax, sales tax, and support of other related businesses

in the vicinity.

2. Goal

ED-7: Enhance the City as a regional, national and

international destination for the entertainment, nightlife, dining and

retail industries that are key to West Hollywood's fiscal health,

Policy

_{ED-7 .1: Strive to attract a variety of hotel types to the City to}

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broaden the area's appeal, and Policy ED-7.3: Attract

complementary entertainment businesses such as restaurants,

bars, cafes, theaters, music venues, and nightclubs to enhance the

desirability of the City as a tourist destination. The proposed hotel

use and other related uses on the site will encourage tourist activity

in this portion of the City, supporting local businesses and

contributing to the status of West Hollywood as a national and

international destination.

3. ED-1.7: Seek to develop a cultural tourism strategy to capitalize on

the City's diverse population, such as the LGBT and Russian­

speaking populations. The proposed hotel is located adjacent to the

Santa Monica Boulevard West District. As described in the Land

Use Element of the General Plan, this district is a focus of the

LGBT community. Visitors to this portion of the City will be able to

stay in close proximity to popular nightlife destinations on Santa

Monica Boulevard and Robertson Boulevard. Furthermore, with the

preservation and rehabilitation of the Factory Building, guests of the

hotel will be able to view and understand the importance and

controversies of the former Studio One nightclub related to the

LGBT community and the history of the struggle for equal rights.

Measures in the project's Mitigation Monitoring and Reporting

Program in the Final EIR specifically require commemoration of the

prior Studio One use in the Factory Building such that visitors to

West Hollywood will be provided with substantially more information

to understand Studio One and its significance upon the project's

completion as compared to existing conditions.

The proposed hotel use does not impede the implementation of any of the

objectives, goals, or policies, set forth in the General Plan. The project is

consistent with the provisions set forth in the Robertson Lane Specific

plan.

c) The site is physically adequate for the type, density, and intensity (e.g.,

number of employees and customers) of the hotel use being proposed,

including provision of services (e.g., sanitation and water), public access,

and the absence of physical constraints. The project was evaluated

pursuant to the CEQA and it was determined that all necessary public

services can be provided to the site at a level adequate to serve the

proposed uses (See detailed information provided in Chapters 3.1 O (public

services) and 3.12 (utilities and service systems) of the Robertson Lane

Draft EIR). All required parking for visitors and employees will be provided

on-site in a subterranean parking structure. All loading and delivery activity

can be accommodated on-site and out of public view. There are no

physical constraints on the project site that would preclude development of

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the project as proposed. Therefore, the site is physically adequate for the

type, density and intensity of the hotel use;

d) The design, location, size, and operating characteristics of the proposed

hotel use are compatible with the existing and future land uses on-site and

in the vicinity of the subject property in that the project is located in a

portion of the city that is zoned entirely for commercial development and is

not adjacent to or in the immediate vicinity of any residentially zoned

property. Uses surrounding the site are varied and include hotel, retail,

restaurant, nightclub, design showroom, and personal services. The

proposed hotel use will be compatible with surrounding nightlife uses

along Robertson Boulevard and Santa Monica Boulevard by offering

accommodation to out-of-town visitors to these venues and attractions.

Other on-site uses will include retail, restaurant, nightclub, event space

and other uses that complement the hotel. Therefore, the proposed hotel

use is compatible with existing and future land uses in the vicinity of the

project site with respect to design, location, size and operating

characteristics; and

e) The establishment, maintenance, or operation of the proposed hotel use

at the location proposed will not endanger, jeopardize, or otherwise

constitute a menace to the public convenience, health, interest, safety, or

the general welfare of persons residing or working in the vicinity of the

proposed use. As discussed above, the hotel use is compatible with other

commercial uses in the vicinity and will complement and support existing

businesses. In addition, mitigation measures as provided in the Mitigation

Monitoring and Reporting Program in the Final EIR will be incorporated to

ensure that the project does not have any significant effect on the

environment or sensitive users in the vicinity. Therefore, the

establishment, maintenance, and operation of the hotel at this location will

not endanger, jeopardize, or otherwise constitute a menace to the public

convenience, health, interest, safety, or the general welfare of persons

residing or working in the vicinity.

SECTION 10. In accordance with WHMC Section 19.52.040, the City Council

make the following findings regarding the request for Conditional Use Permit

CUP-014-003 for operation of a nightclub:

a) The proposed use is allowed within the applicable zoning district with

conditional use permit approval, and complies with all other applicable

provisions of this Zoning Ordinance and the Municipal Code. Nightclubs

are permitted with approval of a conditional use permit in all commercial

zoning districts within the City and are similarly permitted within the

Robertson Lane Specific Plan area. Further, numerous nightclubs have

been located on this site historically since the 1960s. The proposed

nightclub is provided with adequate parking in the on-site subterranean

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parking structure as required by Chapter 19.28 of the WHMC. The

proposed nightclub has been designed and/or conditioned to comply with

all provisions set forth in Section 19.36.060 (Alcoholic Beverage Sales).

The use will not contribute to an undue proliferation of alcoholic beverage

sales businesses in an area where additional ones would be undesirable

because the area in which the nightclub is lqcated has been identified in

the General Plan as a region of the City where such uses are encouraged.

The use will not impact nearby schools or religious facilities because there

are no such uses in the immediate vicinity. The nightclub will be located in

a subterranean area and insulated with respect to sound, therefore, the

project would not impact the West Hollywood Park, located just east of the

project site and would not impact residents' sleep during the nighttime

hours. 19.36.200 (Nightclubs and Related Uses) of the WHMC with

respect to sound attenuation and security. Therefore, the p

_oposed

nightclub use is consistent with all applicable provisions of the municipal

code.

b) The proposed use is consistent with the General Plan and any applicable

specific plan

1. Goal ED-7: Enhance the City as a regional, national and international

destination for the entertainment, nightlife, dining and retail industries

that are key to West Hollywood's fiscal health, and Policy ED-7.3:

Attract complementary entertainment businesses such as restaurants,

bars, cafes, theaters, music venues, and nightclubs to enhance the

desirability of the City as a tourist destination. The proposed nightclub

use on the site will encourage tourist activity in this portion of the City,

contributing to the status of West Hollywood as a national and

international destination.

2. Policy LU-1.21: Provide for the expansion and recruitment of

commercial uses that provide economic and fiscal benefits to the City

including entertainment businesses, music and entertainment venues,

bars and nightclubs, hotels and hospitality, and design and creative

arts. The proposed nightclub, along with the overall multi-use hotel

development, will foster the expansion and recruitment of these uses.

The proposed nightclub use does not impede the implementation of

any of the objectives, goals, or policies, set forth in the General Plan.

The project is consistent with the provisions set forth in the Robertson

Lane Specific plan.

c) The site is physically adequate for the type, density, and intensity (e.g.,

number of employees and customers) of the nightclub use being

proposed, including provision of services (e.g., sanitation and water),

public access, and the absence of physical constraints. The project was

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evaluated pursuant to the CEQA and it was determined that all necessary

public services can be provided to the site at a level adequate to serve the

proposed uses (See detailed information provided in Chapters 3.10 (public

services) and 3.12 (utilities and service systems) of the Robertson Lane

Draft EIR). All required parking for the nightclub will be provided on-site in

a subterranean parking structure. All loading and delivery activity can be

accommodated on-site and out of public view. Therefore, the site is

physically adequate for the type, density and intensity of the nightclub use;

d) The design, location, size, and operating characteristics of the proposed

nightclub use are compatible with the existing and future land uses on-site

and in the vicinity of the subject property in that the project is located in a

portion of the city that is zoned entirely for commercial development and is

not adjacent to or in the immediate vicinity of any residentially zoned

property. Uses surrounding the site are varied and include hotel, retail,

restaurant, nightclub, design showroom, and personal services. The

proposed nightclub will be compatible with similar nightlife and

entertainment-related uses along Robertson Boulevard and Santa Monica

Boulevard. Other on-site uses will include hotel, retail, restaurant, and

meeting and event space. The guestrooms and other sensitive uses will

be well-removed and acoustically insulated from the nightclub. Therefore,

the proposed nightclub use is compatible with existing and future land

uses in the vicinity of project site with respect to design, location, size and

operating characteristics; and

e) The establishment, maintenance, or operation of the proposed nightclub

use at the location proposed will not endanger, jeopardize, or otherwise

constitute a menace to the public convenience, health, interest, safety, or

the general welfare of persons residing or working in the vicinity of the

proposed use. As discussed above, the nightclub will be compatible with

other commercial uses in the vicinity. In addition, mitigation measures as

provided in the Mitigation Monitoring and Reporting Program in the Final

EIR will be incorporated to ensure that the project does not have any

significant effect on the environment or sensitive users in the vicinity.

Therefore, the establishment, maintenance, and operation of the nightclub

at this location will not endanger, jeopardize, or otherwise constitute a

menace to the public convenience, health, interest, safety, or the general

welfare of persons residing or working in the vicinity.

SECTION 11 In accordance with WHMC Section 19.52.050, the City Council

make the following findings regarding the request for Minor Conditional Use

Permit MCP-014-006 for the on-site sales, service, and consumption of alcohol

as accessory to a restaurant use:

a) The proposed use is allowed within the applicable zoning district with

conditional use permit approval, and complies with all other applicable

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provisions of this Zoning Ordinance and the Municipal Code. The sales,

service and consumption of alcohol as accessory to a restaurant is

permitted with approval of a conditional use permit in all commercial

zoning districts within the City and is similarly permitted within the

Robertson Lane Specific Plan area. The proposed restaurant spaces are

provided with adequate parking in the on-site subterranean parking

structure as required by Chapter 19.28 of the WHMC. The proposed

restaurants have been designed and/or conditioned to comply with all

provisions of Section 19.36.060 of the WHMC. The restaurants associated

with this project will not contribute to an undue proliferation of alcoholic

beverage sales businesses in an area where additional ones would be

undesirable because the area in which the project is located has been

identified in the General Plan as a region of the City where such uses are

encouraged. The use will not impact nearby schools or religious facilities

because there are no such uses in the immediate vicinity. Restaurants

with outdoor dining areas located in proximity to the public right-of-way

enliven the streetscape, and enhance the pedestrian character of the

neighborhood. As such, the provision of restaurant uses near West

Hollywood Park, located just east of the project site, would not adversely

impact the park, but rather would offer an enhanced pedestrian

experience in the area and additional services for users of the park. The

outdoor dining areas with alcohol sales will be limited in hours of

operation, and are located a sufficient distance from the nearest

residential neighborhoods that residents' sleep will not be affected during

nighttime hours. Nevertheless, a condition of approval has been included

that these entitlements shall be reviewed in one year following

commencement of use to evaluate the effectiveness of the conditions of

approval and lessen any unanticipated negative effects of the businesses.

Therefore, the proposed restaurant use is consistent with all applicable

provisions of the municipal code.

b) The proposed use is consistent with the General Plan and any applicable

specific plan. The General Plan includes Policy LU-11.1(b): "Continue to

allow a wide variety of uses including retail, galleries, boutiques, cafes,

restaurants, creative office space, entertainment venues, bars and

nightclubs". This policy refers to the Melrose/Beverly District in which the

project site is located and encourages restaurant uses. The proposed

restaurants do not or impede the implementation of any of the objectives,

goals, or policies of the West Hollywood General Plan. The proposed

sales, service, and consumption of alcohol associated with the proposed

restaurant uses are consistent with the provisions in the Robertson Lane

Specific Plan.

c) The design, location, size, and operating characteristics of the proposed

sales, service, and consumption of alcohol associated with the restaurant

use are compatible with the existing and future land uses on-site and in

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the vicinity of the subject property in that the project is located in a portion

of the city that is zoned entirely for commercial development and is not

adjacent to or in the immediate vicinity of any residentially zoned property.

Uses surrounding the site are varied and include hotel, retail, restaurant,

nightclub, design showroom, and personal services. The proposed

restaurant spaces will be compatible with both the daytime uses including

nearby office, retail, personal services and park-related uses, as well as

nightlife and entertainment-related uses along Robertson Boulevard and

Santa Monica Boulevard. Other on-site uses will include hotel, retail,

nightclub, and event space. The restaurant spaces within the development

will complement and support other related uses on the site. Therefore, the

proposed sales, service and consumption in the restaurant use is

compatible with existing and future land uses in the vicinity of project site

with respect to design, location, size and operating characteristics; and

d) The establishment, maintenance, or operation of the proposed use at the

location proposed will not endanger, jeopardize, or otherwise constitute a

menace to the public convenience, health, interest, safety, or the general

welfare of persons residing or working in the vicinity of the proposed use.

As discussed above, the restaurant use with sales, service and

consumption of alcohol is compatible with other commercial uses in the

vicinity and will complement and support existing businesses such as

retail, personal services, and nightlife and entertainment-related

establishments. In addition, mitigation measures as provided in the

Mitigation Monitoring and Reporting Program in the Final EIR will be

incorporated to ensure that the project does not have any significant effect

on the environment or sensitive users in the vicinity. Therefore, the

establishment, maintenance, and operation of the restaurants serving

alcohol at this location will not endanger, jeopardize, or otherwise

constitute a menace to the public convenience, health, interest, safety, or

the general welfare of persons residing or working in the vicinity.

SECTION 12. In accordance with WHMC Section 19.44.050, the City Council

makes the following findings regarding the request for Administrative Permit

AP0-014-014 for outdoor dining:

a) The proposed outdoor dining use is allowed by Article 19-2 (Zoning

Districts and Allowable Land Uses) within the applicable zoning district

with administrative permit approval, and complies with all other applicable

provisions of this Zoning Ordinance and the Municipal Code in that

outdoor dining associated with restaurants is permitted in all commercial

zoning districts within the City, including within the Robertson Lane

Specific Plan, with approval of an administrative permit. The outdoor

dining areas are provided parking in compliance with Chapter 19.28 of the

WHMC within the project's fully subterranean parking structure. The

project has been designed or conditioned consistent with the provisions

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set forth in WHMC Section 19.36.210 regarding location requirements,

hours of operation, landscaping, sound attenuation, and alcohol service.

Therefore, the outdoor dining use complies with all applicable provisions in

the municipal code.

b) The proposed outdoor dining use or construction is consistent with the

objectives, policies, general land uses, and programs of the General Plan,

and any applicable specific plan. The General Plan includes goals and

policies intended to encourage the active use of exterior spaces,

enlivening the pedestrian realm and contributing to a vibrant streetscape.

Specifically, Policy LU-4.6(d): "Require commercial development projects

to provide for enhanced pedestrian activity in commercial areas through

the following techniques: allowing for development of outdoor plazas and

dining areas." A large portion of the proposed outdoor dining will be

located at the street level and the first floor roof deck level, overlooking the

pedestrian paseo. Accordingly, the proposed outdoor dining will help

enliven the paseo space and encourage pedestrian activity through the

paseo. The proposed outdoor dining will not impede the implementation of

any of the objectives, goals, or policies of the General Plan. Provision of

outdoor dining areas is permitted within the Robertson Lane Specific Plan.

No specific provisions for outdoor dining are included in the specific plan.

c) This administrative permit is for the provision of outdoor dining. The

development associated with the outdoor dining is entitled through

approval of a development permit, and the finding for compatibility is made

above in Section 6 of this resolution. Therefore, this finding is not required

for the proposed outdoor dining use.

SECTION 13. In accordance with WHMC Section 20.04.050 and Sections

66473.5 and 66474 of the Subdivision Map Act, the City Council makes the

following findings regarding the request for Vesting Tentative Tract Map No.

73699:

a) The proposed map is consistent with the applicable general and specific

plans in that, as described above, the project will serve to implement

several of the City's goals, and policies set forth in the General Plan, and

is consistent with the Robertson Lane Specific Plan. Subdivision of

airspace within the project does not affect the project with respect to the

massing, design, proposed uses, or other parameters that define this

consistency. The adoption of the proposed map will not impede the

implementation of any of the objectives, goals or policies of the West

Hollywood General Plan. Therefore, the proposed map does not conflict

with the General Plan or Robertson Lane Specific Plan.

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b) The design or improvement of the proposed subdivision is consistent with

the West Hollywood General Plan in that the proposed project is

consistent with the vision that the General Plan sets forth for the

Melrose/Beverly District. The project meets the intent of General Plan by

maintaining consistency with the following General Plan goals and

policies:

1.

LU-1.3: Encourage new development to enhance the pedestrian

experience and

LU-11.1: As feasible, encourage public plazas as

part of development projects. The proposed project achieves the

intent both of these policies by providing a pedestrian paseo to

connect La Peer Drive and Robertson Boulevard as well as

pedestrian plaza areas with outdoor seating, outdoor dining and

active pedestrian-oriented land uses on either end.

2.

LU-4.2: Continue to improve the pedestrian environment through a

coordinated approach to street tree planting, sidewalk maintenance

and enhancement, pedestrian amenities, and a focus on human­

scale frontage design for building renovations and new

development projects. The project includes streetscape

improvements and street trees consistent with the Design District

Streetscape Masterplan. In addition, the project includes a

pedestrian paseo spanning between Robertson Boulevard and La

Peer Drive, which features pedestrian seating, outdoor dining, and

open space on either end, all of which are considered pedestrian

amenities consistent with the West Hollywood Design District

Streetscape Master Plan (p.10). The project has been designed to

feature reduced massing along the Robertson Boulevard frontage,

offering a human-scale streetfront along the west side of the street.

3.

LU-4.3: Continue to implement parking strategies and standards

that ensure parking areas do not dominate street frontages and are

screened from public views whenever possible. The project will

include in the elimination of extensive surface parking areas that

front on both Robertson Boulevard and La Peer Drive, and will

result in the provision of sufficient replacement parking located in

an entirely subterranean parking structure, screened from public

view.

4.

LU-1.8: Promote the establishment, retention, and expansion of

businesses that provide employment for West Hollywood's

residents and the surrounding region and

LU-1.10: Encourage new

non-residential land uses that contribute to a strong and diversified

local economy. The project will include uses such as hotel,

restaurant, retail and nightclub that are key to the success of the

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City and contribute to its economic vitality. These uses will provide

employment opportunities for residents of the City as well as the

greater Los Angeles region.

5. Goal HP-3 and Policy HP-3.4 seek to encourage the protection of

historical resources and encourage adaptive reuse and

rehabilitation. The project incorporates the majority of the Factory

Building into the Robertson Boulevard frontage and will result in the

rehabilitation of the building consistent with the Secretary of the

Interior's Standards.

6. The proposed project will not impede the implementation of any of

the objectives, goals, or policies of the West Hollywood General

Plan. Furthermore, the project will maintain consistency with the

Robertson Lane Specific Plan in that the project provides for

significant benefits to the city, and expands uses which are

considered to be of significant importance including historical uses

of the site (nightclub, restaurant, design showroom). The project, as

designed, is consistent with the development criteria set forth in

Section 19.16.040 (Robertson Lane Specific Plan.)

c) The site is physically suitable for the type of development being proposed

in that the project was evaluated pursuant to the CEQA and it was

determined that all necessary public services can be provided to the site

at a level adequate to serve the proposed uses (See detailed information

provided in Chapters 3.10 (public services) and 3.12 (utilities and service

systems) of the Robertson Lane Draft EIR). All required parking for visitors

and employees will be provided on-site in a subterranean parking

structure. All loading and delivery activity can be accommodated on-site

and out of public view. There are no physical constraints on the project

site that would preclude development of the project as proposed.

Therefore, the site is physically adequate for the type of development

being proposed;

d) The site is physically suitable for the proposed density of the development

The project was evaluated pursuant to the CEQA and it was determined

that all necessary public services can be provided to the site at a level

adequate to serve the proposed uses (See detailed information provided

in Chapters 3.10 (public services) and 3.12 ( utilities and service systems)

of the Robertson Lane Draft EIR). All required parking for visitors and

employees will be provided on-site in a subterranean parking structure. All

loading and delivery activity can be accommodated on-site and out of

public view. There are no physical constraints on the project site that

would preclude development of the project as proposed. Therefore, the

site is physically adequate for the type, density and intensity of the hotel

use;

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e) The design of the subdivision or the proposed improvements are not likely

to cause substantial environmental damage or substantially and avoidably

injure fish or wildlife or their habitat in that the project, as a whole, was

evaluated pursuant to the California Environmental Quality Act and an

Environmental Impact Report (EIR) was prepared. Based on the evidence

in the record, the project, as mitigated per the Mitigation Monitoring and

Reporting Program, would not cause substantial environmental damage,

or substantially and avoidable injure fish, wildlife or their habitat.

f) The design of the subdivision or type of improvement is not likely to cause

serious public health problems in that the project, as a whole, was

evaluated pursuant to the California Environmental Quality Act and an

Environmental Impact Report (EIR) was prepared. Based on the evidence

in the record, the project, as mitigated per the Mitigation Monitoring and

Reporting Program, would not cause serious public health problems.

g) The design of the subdivision or the type of improvements will not conflict

with easements, acquired by the public at large, for access through or use

of, property within the proposed subdivision in that there are no public

access easements or rights-of-way identified within the project

boundaries. Therefore the subdivision and the proposed hotel

development would not conflict with such easements.

SECTION 14. In accordance with Section 19.48.050 of the West

Hollywood Municipal Code, the City Council makes the following findings

regarding Certificate of Appropriateness 17-0021:

a) The proposed work will neither adversely affect the significant architectural

features of the cultural resource nor adversely affect the character or

historic, architectural, aesthetic interest or value of the cultural resource

and its site in that the proposed project was evaluated by a qualified

historic preservation professional who determined that while the proposed

work will demolish a portion of the resource, and relocate and reconfigure

the resource on the same site, when the project is completed, the Factory

Building will retain its significant architectural features and character.

Completion of the Robertson Lane Hotel Project will result in the

truncation, relocation, and reconfiguration of a historical resource.

However, due to its nature as a prefabricated, modular, steel building, the

Factory Building is uniquely capable of undergoing such changes while

maintaining sufficient integrity to justify its listing in the California Register

of Historic Resources and the City of West Hollywood Local Cultural

Resource Register. Key portions of the building will be retained and

rehabilitated, ensuring that the dual histories of the Mitchell Camera

Corporation and Studio One are carried forward and made available on a

long-term basis to new users as part of an adaptively reused building. The

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mitigation measures incorporated include documentation, commemoration

and interpretation of each of these periods of significance, in addition to

requirements for appropriate treatment of the historical materials and

features. Further, the project involves restoration, rehabilitation and

enhancement of key features of the Factory Building to ensure they are

consistent with historic appearances. The building will continue to convey

its importance in the historical context of the City of West Hollywood as

well as the state of California. Appendix D to the EIR, as well as the

Supplemental Historical Report provide background and evidence

supporting this finding.

b) The proposed work conforms to the prescriptive standards and design

guidelines, if any, prepared by the Historic Preservation Commission for

the particular resource, and to the Secretary of the Interior's Standards for

Rehabilitation, and does not adversely affect the character of the cultural

resource. The City of West Hollywood has not adopted prescriptive

standards for this resource. The proposed work conforms to the Secretary

of the Interior's Standards for the Treatment of Historic Properties as well

as the Guidelines for Rehabilitation in the following ways:

1 . The property will be used as it was historically or be given a new use

that requires minimal change to its distinctive materials, features,

spaces and spatial relationships.

The Factory building will be adaptively reused as retail and restaurant

space. These uses are flexible and will require relatively few changes

to the building. The most dramatic change to the Factory building will

be its truncation and relocation on the site, such that a majority of the

building's length will span a north-south axis, parallel to Robertson

Boulevard, rather than perpendicular to it. While this will change

certain aspects of the spatial relationships associated with the Factory

building, the structure will remain on the same site within the same city

block and retain its relationship within the larger context of the site as it

relates to the industrial history of West Hollywood as well as the growth

LGBTQ-related uses in this portion of the City. While the building will

no longer be accessed from both La Peer Drive and Robertson

Boulevard, both entrances will be retained and rehabilitated to

represent both the Mitchell Camera Factory and Studio One periods of

significance.

Surrounding the relocated Factory building will be retail and restaurant

uses at ground level, similar to what currently exists along Robertson

Boulevard in this area, and a hotel building rising to approximately 120

feet above. These uses will be situated so that the Factory Building is

both incorporated into the development as a component, and given

enough space to be experienced as its own entity. Particularly,

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Alternative 3 presents a refined project in which the new construction is

pulled away from the relocated Factory Building above the first floor

level, and the portion of the new building fronting Robertson Boulevard

north of the Factory Building will be lowered so that it is in line with the

height of the historic structure and the other buildings on the street.

While the spatial relationships will change on the site, the larger

context is retained, and the relocated historic structure will experience

minimal change to its distinctive materials, features, and spaces.

2. The historic character of the property will be retained and preserved.

The removal of distinctive materials or alteration of features, spaces,

and spatial relationships that characterize a property will be avoided.

While the proposed alterations to the Factory Building would alter the

spatial relationships of the building by truncating a portion of the

building and turning it 90 degrees on the site, the project, considered

as a whole, will retain and preserve the historic character of the

property. The unique shape, including the lantern roof and large multi­

light windows that enabled the early factory work within and the pre­

fabricated steel structure made up of modular components provide

character and distinction to the Factory building. These aspects of the

building will be preserved and restored through the implementation of

the proposed project. With respect to its association with the Mitchell

Camera Company, the Factory building is located within the larger

context of the portion of West Hollywood that was located near the rail

yards on San Vicente and associated with industrial uses, during the

early part of the area's development. The location of the Factory

building upon completion of the project will be consistent with this

context. While additional development will be added to the site, the

building has been part of a built-out urban environment for decades, so

the spatial relationships to other buildings and the commercial

neighborhood at large will not change substantially. Furthermore, as

addressed in the technical report and supplemental technical report,

prepared by Architectural Resources Group, the building will be

rehabilitated, and mitigation has been enhanced with respect to

commemoration and interpretation to better convey the distinctive

characteristics of the historical materials and features.

3. Each property will be recognized as a physical record of its time, place,

and use. Changes that create a false sense of historical development,

such as adding conjectural features or elements from other historic

properties will not be undertaken.

The proposed rehabilitation of the Factory building will not use

conjecture or false materials from other sources to complete the work.

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As discussed in the technical reports, the portions of the building that

are being removed will be salvaged and used to restore the remaining

portion of the Factory building, minimizing the need for non-original

materials.

4. Changes to a property that have acquired historic significance in their

own right will be retained and preserved.

The analysis and rehabilitation plan for the Factory building takes into

account both periods of significance for the site: Mitchell Camera

Factory as well as the Studio One discotheque. All significant periods,

and subsequent related changes, will be considered and treated

accordingly.

5. Distinctive materials, features, finishes and construction techniques or

examples of craftsmanship that characterize a property will be

preserved.

The Factory building is defined by its distinctive shape, pre-fabricated

modular construction, metal materials, window patterns, and

cavernous interior spaces - all of which contributed to both the original

use of the building as a factory as well as the subsequent nightclub

use. As required by the project's mitigation program, all of these

materials, features, finishes and construction techniques will be

rehabilitated and preserved to the fullest extent possible. Portions of

the building that are being removed will be salvaged and preserved

and will be available for future use and potential repairs.

6. Deteriorated historic features will be repaired rather than replaced.

Where the severity of deterioration requires replacement of a

distinctive feature, the new feature will match the old in design, color,

texture, and where possible, materials. Replacement of missing

features will be substantiated by documentary and physical evidence.

As discussed in the technical reports, the portions of the building that

are being removed will be salvaged and used to restore the remaining

portion of the Factory building, minimizing the need for non-original

materials. Portions of the building that are being removed will be

salvaged and preserved and will be available for future use and

potential repairs.

7. Chemical or physical treatments, if appropriate, will be undertaken

using the gentlest means possible. Treatments that cause damage to

historic materials will not be used.

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Mitigation measure (MM-CUL-4) related to sensitive treatment and

conservation of materials will ensure that materials that are in need of

repair or treatment for salvage and reuse are handled with the most

appropriate and gentlest means available. An on-site historic architect

will be present to monitor the administration of all rehabilitation

treatment techniques. Mitigation measure MM-CUL-5 requires on-site

construction monitoring by a qualified architect to ensure that the

preservation of retained materials from the original building are treated

appropriately at all times.

8. Archaeological resources will be protected and preserved in place. If

such resources must be disturbed, mitigation measures will be

undertaken.

It is not anticipated that archaeological resources will be discovered

during construction of the proposed project. However, mitigation

measures are in place to protect any unidentified archaeological

resources. See MM-CUL-12, MM-CUL-13, and MM-CUL-14 for specific

information regarding possible inadvertent discovery of any

archaeological or paleontological resources, or human remains.

9. New additions, exterior alterations, or related new construction will not

destroy historic materials, features, and spatial relationships that

characterize the property. The new work will be differentiated from the

old and will be compatible with the historic materials, features, size,

scale and proportion and massing to protect the integrity of the

property and its environment.

In developing the Robertson Lane Hotel project, the applicant

proposes to remove a portion of the Factory building, reconfigure the

building on the same site such that it will align parallel to Robertson

Boulevard, and rehabilitate the remaining portion of the building. The

act of dismantling and storing a portion of the building will affect some

of the historical materials. Mitigation measures have been incorporated

to ensure sensitive treatment of materials and appropriate

rehabilitation of the significant features of the building. Character­

defining features of the Factory Building will be retained and

rehabilitated.

On the same site as the reconfigured Factory building will be a new

hotel complex spanning from Robertson Boulevard to La Peer Drive.

The hotel building has been designed, in an iterative process, to

respond sensitively to the relocated Factory building. The new building

along Robertson Boulevard is limited to two floors, and contains a

restaurant on the ground level, and banquet room pre-function space

(indoor and outdoor) on the upper level. Between this portion of the

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building and the Factory building is a walk-through or paseo known as

"Robertson Lane". This walkway will have approximately 30 feet in

width, with retail and restaurant fronting the Lane. Where the Lane

meets Robertson Boulevard, a gathering space, or plaza is created

which is bounded by the hotel building, the Lane, and the Factory

building. This configuration will lend prominence to the Factory building

as a focal point of the hotel project on the Robertson Boulevard site.

The contemporary design of the hotel building will be well differentiated

from the historic structure. The hotel building rises to approximately

120 feet in height on the La Peer side of the site. To ensure that the

hotel building is subordinate to the Factory building, the project

applicant revised the plans following circulation of the Draft EIR to

introduce Alternative 3. In this alternative, the portion of the hotel

building directly to the west of the Factory building, which largely

blocked the western side of the historic structure from view, has been

limited to one story in height with outdoor dining and trellises located

on the first floor roof. The relocated Factory Building will appear to be

set apart from the larger hotel structure, and will be visible from all

sides.

10. New Additions and adjacent or related new construction will be

undertaken in such a manner that, if removed in the future, the

essential form and integrity of the historic property and its environment

would be unimpaired.

Following implementation of the project, the site of the Factory Building

will be permanently changed. Should the hotel structure be removed at

a future date, the Factory Building could likely not be reassembled in

the same configuration, and some portions of the existing structures

which have been identified as unsalvageable will be lost. Nevertheless,

while the Factory Building will be modified and relocated, the project

will result in a historic property that continues to convey the

significance of the events that occurred there in both periods of

significance through both form and siting. Furthermore, the remaining

portions of the building will undergo extensive rehabilitation work to

restore the pre-fabricated Truscon Steel building to its original

condition. These efforts, along with the interpretation and

commemoration requirements, and construction monitoring, will ensure

that the implementation of the project does not impair the historic

property or its environment to a degree that would destroy its ability to

convey its significance or jeopardize its eligibility for inclusion in the

California Register of Historic Resources or the West Hollywood Local

Cultural Resource Register.

c) In the case of construction of a new improvement upon a cultural resource

property, the use and design of the improvement shall not adversely