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MICHAEL LOGRANDE CHIH ZONING ADMINISlRAfOR _.ITY OF LOS ANGELE .... ; DEPARTMENT Of CITY PLANNING ASSOCIATE ZONING ADMINISTRATORS R. NICOLAS BROWN SUE CHANG LOURDES GREEN UNN K. WYATT MAYA E. ZAITZEVSKY August 2, 2010 Honorable City Council City of Los Angeles Room 395, City Hall Los Angeles, CA 90012 Honorable Members: CALIFORNIA ANTONIO R. VlLLARAIGOSA Case No. DIR 2008-2822(RV) Appellants: Sam Zatar S. CAll GOLDBERG, AICI" DIRECTOR OFFICE OF ZONING ADMINISTRATION 200 N. SPRING STRl[[, 7'" FlOOR Los ANGELES, CA 90012 (213) 978-1318 fAX: (213) 978-1334 www.lacity .orgiPLN Address: 10609 Wilmington Avenue Council District: 15 Plan: Southeast Los Angeles Environmental: ENV 2008-2823-CE In accordance with Municipal Code Section 12.27.1, the above-captioned files, which are the subject of the attached appeal, are transmitted for your consideration. Appeal Request: The appellant, Sam Zatar, is appealing part of the determination of the Zoning Administrator. The appellant is appealing Condition Nos. 4 and 5 relating to hours of operation and provision of security guard. Background: On June 30, 2010, Zoning Administrator Larry Friedman, acting for the Director of Planning, pursuant to the provisions of Section 12.27.1 found that modification of the operation of a market known as Dim a Market located at 10609 Wilmington Avenue, was required in order to mitigate adverse impacts caused by said operation and the sale of alcoholic beverages and any potential impacts caused by any future operation of the market. MICHAEL LOGRANDE Chief Zoning Administrator ML:Imc ·.· ;. ·: .. {·: .. AN EQUAL. EMPLOYMENT OPPORTUNITY- AFFIRMATIVE ACTION EMPLOYER
Transcript

MICHAEL LOGRANDE CHIH ZONING ADMINISlRAfOR

_.ITY OF LOS ANGELE....; DEPARTMENT Of CITY PLANNING

ASSOCIATE ZONING ADMINISTRATORS

R. NICOLAS BROWN SUE CHANG

LOURDES GREEN UNN K. WYATT

MAYA E. ZAITZEVSKY

August 2, 2010

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

Honorable Members:

CALIFORNIA

ANTONIO R. VlLLARAIGOSA

Case No. DIR 2008-2822(RV) Appellants: Sam Zatar

S. CAll GOLDBERG, AICI" DIRECTOR

OFFICE OF ZONING ADMINISTRATION

200 N. SPRING STRl[[, 7'" FlOOR

Los ANGELES, CA 90012

(213) 978-1318 fAX: (213) 978-1334

www.lacity .orgiPLN

Address: 10609 Wilmington Avenue Council District: 15 Plan: Southeast Los Angeles Environmental: ENV 2008-2823-CE

In accordance with Municipal Code Section 12.27.1, the above-captioned files, which are the subject of the attached appeal, are transmitted for your consideration.

Appeal Request:

The appellant, Sam Zatar, is appealing part of the determination of the Zoning Administrator. The appellant is appealing Condition Nos. 4 and 5 relating to hours of operation and provision of security guard.

Background: On June 30, 2010, Zoning Administrator Larry Friedman, acting for the Director of Planning, pursuant to the provisions of Section 12.27.1 found that modification of the operation of a market known as Dim a Market located at 10609 Wilmington Avenue, was required in order to mitigate adverse impacts caused by said operation and the sale of alcoholic beverages and any potential impacts caused by any future operation of the market.

MICHAEL LOGRANDE Chief Zoning Administrator

ML:Imc

·.· ;.

·: .. {·: ..

AN EQUAL. EMPLOYMENT OPPORTUNITY- AFFIRMATIVE ACTION EMPLOYER

1 RANSMITTAL TO COUNCIL

Case No. Planning Staff Name(s) and Contact No. C.D. No.

DIR 2008-2822(RV) Larry Friedman/Albert Landini- 213-369-0552 15

Related Case No(s). Last Day to Appeal

July 15, 2010

Location of Project (Include project titles, if any.

10609 Wilmington Avenue

Applicant(s) and Representative(s) Name(s) and Contact Information, including phone numbers, if available.

Office of Zoning Administration City of Los Angeles 200 North Spring Street, #763 Los Angeles, CA 90012 213-978-1318

Appellant(s) and Representative(s) Name(s) and Contact Information, including phone numbers, if available.

Sam Zatar 10609 Wilmington Avenue Los Angeles, CA 90002 714-657-2600

Stuart Miller Wellman & Warren, LLP 24411 Ridge Route, Suite 200 Laguna Hills, CA 92653 949-580-3737

Final Project Description (Description is for consideration by Committee/Council, and for use on agendas and official public notices. If a General Plan Amendment and/or Zone Change case, please include the prior land use designation and zone, as well as the proposed land use designation and zone change (i.e. "from Very Low Density Residential land use designation to Low Density land use designation and concurrent zone change from RA-1-K to (T){Q)R1-1-K). In addition, for all cases appealed in the Council, please include in the description only those items which are appealable to Council.)

In accordance with Municipal Code Section 12.27.1, the above-captioned files, which are the subject of the attached appeal, are transmitted for your consideration.

The appellant, Sam Zatar, is appealing part of the determination of the Zoning Administrator. The appellant is appealing Condition Nos. 4 and 5 relating to hours of operation and provision of security guard.

Background: On June 30, 2010, Zoning Administrator Larry Friedman, acting for the Director of Planning, pursuant to the provisions of Section 12.27.1 found that modification of the operation of a market known as Dima Market located at 10609 Wilmington Avenue, was required in order to mitigate adverse impacts caused by said operation and the sale of alcoholic beverages and any potential impacts caused by any future operation of the market.

Items Appealable to Council DIR 2008-2822(RV)

Fiscal Impact Statement ENV. No., if applicable Commission Vote:

Yes No X ENV 2008-2823-CE .. Please note: In add1t1on to thJs transmittal sheet, Council needs: (1) One original and two copies of the Commission, Zoning Administrator or Director of Planning report {2) Staff recommendation report {3) Appeal, if applicable; (4) environmental document used to approve the project, if applicable; (5) public hearing notice; and (6) mailing labels (7) Condo projects only: 2 copies of Determination labels (including tenants and 500 ft. radius). Prep?:fy Date

~e:Lo'lJ---- August 2, 2010

Contact Number

213-978-1318

MASTER APPEAL FORM

City of Los Angeles- Department of City Planning

/-1

-,' · '-) /) /'J J.' A , I/~~ j APPEAL TO THE : City Planning Department t--1 L vt.-·~-"' v .... "-

{DIRECTOR, AREA PLANNING COMM ISS ION, CITY PLANNING COMMISSION, CITY COUNCIL)

REGARDING CASE#: DIR 2008-2822(RV) ----------~~--------------------------------------_,

<:(

2 PROJECT ADDRESS: 10609 Wilmington Ave. , Los Angeles CA 90002 -(!) -a: 0 C]

FINAL DATE TO APPEAL: 7/15/10 -------------------------------------------------

TYPE OF APPEAL: 1. 0 Appea l by Applica nt

2. IZl Appea l by a perso n, other t han the applicant, cla iming to be aggrieved

3. 0 Appea l by app lica nt or aggrieved person from a determination made by the Depa rtment

of Bui ld ing and Safety

J'vtere.- k ,z..o ~ wrl '<:.c......-f \

APPELLANT INFORMATION- Please print clearly

Name: Sam Zatar

Are you f iling for yourself or on behalf of another party, orga nization or com pany?

8J Self D Other: -------------------------------------

Address: 10609 Wilmington Avenue

Los Angeles CA Zip: 90002

Tele phone: (71 4) 657-2600 E-mail : jbashj@live .com

Are you filing to support the origin al app li cant's posit ion ?

D Yes D No

REPRESENTATIVE INFORMATION

Name: Stuart Miller, We llman & Warren LLP

Address: 24411 Ridge Route , Suite 200

Laguna Hil ls CA Zip : 92653

Telephone: _____ 9_4_9 _5_80_-_3_73_7 __ _ E-mail: stuartmiller@earthlink. net

This applicat ion is to be used for any appeals authorized by the Los Angeles Municipa l Code for discretionary actions administered by the Department of City Pla nn ing.

cn769 (11/09/09) JUL 1 6 2010 . ....._. ____

JUSTIFICATION/REASON FOR APPEALING- Please provide on separate sheet.

Are you appea li ng the ent ire decision or parts of it?

0 Entire IZI Part

Your just ification/reason must state:

• The reasons for t he appea l How you are aggrieved by the decision

Specifica ll y the points at issue • Why you be lieve t he decis ion-maker erred or abused the ir discretion

ADDITIONAL INFORMATION/REQUIREMENTS

Eight (8) copies of the fo ll owing documents are requ ired (1 origina l and 7 duplicates):

Master Appeal Form Just if ication/Reason for Appea ling document Origina l Determination Letter

Origina l appl icants must provide t he original rece ipt requ ired to ca lculate 85% f ili ng fee .

Origina l appl ica nts must pay ma iling fees to BTC and submit copy of receipt.

• Applica nts f il ing per 12.26 K "Appeals from Building Department Determinations" are considered origina l applicants and must provide not ice per 12.26 K 7.

• Appea ls to t he City Counci l f rom a determination on a Tentative Tract (TI or VTI) by the City (Area ) Planning Commiss ion must be f iled within 10 days of the written determinat ion of the Co mmission.

• A CEQA document can on ly be appealed if a non-elected decision-making body (i. e. ZA, APC, CPC, etc .. . ) makes a determination for a project that is not further appealab le.

"If a nonelected decision-making body of a local lead agency certifies an environmental impact report, approves a negative declaration or mitigated negative declaration, or determines that a project is not subject to this division, that certification, approval, or determination may be appealed to the agency's elected decision-making body, if any."

--CA Public Resources Code§ 21151 (c)

I cert ify that t he statements contained in this app lication are c

Date: _L,_?_~_/-'-y-'-j.---'2..=.....£j'-=A-/--==O=---Appel la nt Signature :

Amount Reviewed and Accepted by Oate

Deemed Complete by Date 7- JS""- )0

Detecm'TA"~ 0 Origina l Receipt and BTC Receipt (if origina l applicant)

CP-7769 (11/09/09)

Scott W. Wellman Scott R. W anen Anabella Q. Bonfa David Van Sambeek Derek Banducci Matt Krepper Bimali Walgampaya

949/580-3737 800/444-6587 FAX 949/580-3738 [email protected]

Planning Department City of Los Angeles

WELLMAN & WARREN LLP ATTORNEYS AT LAW

2441 1 Ridge Route, Suite 200 Laguna Hills, California 92646

July 14, 2010

Re: Case No. DIR 2008-2822(RV)

Dear Sir or Madam:

Of Counsel Stuart Miller* Cathy Pham Zotti**

Martin Hagerman*** Hagerman ABOGADOS S.C. Basques de Duraznos 65-503 Basques de las Lomas Mexico, D.F. 11700 www.hagetman.com.mx

*Admitted in CA and NY **Admitted in CA only ***Admitted in Mexico only

This office represents Sam Zatar, operator ofDima Market, 10609 Wilmington Avenue, Los Angeles CA 90002. We hereby appeal from the decision of the Associate Zoning Administrator dated 1 une 3 0, 20 1 0.

First, I request an opportunity to review the administrative record in order to amplify this statement justifYing the appeal. Please let me know how I can do so.

We are particularly concerned about two provisions of the decision: items 4 and 5.

The reduction in the operating hours of the business will have the effect of putting it out of business and will be of no practical benefit to the city. The reduction also makes no sense, because the alleged incidents recited in the decision "have occurred during all hours, daytime and evenings of business operation.,.

The small physical size (550 square feet) and marginal profit ofthe business make a security guard infeasible and unnecessary.

The arrest/crime rep011s and statements by police do not support the determination. Events occurring on the block or across the street are not necessarily attributable to this business. Rather, they are a result of the nature of the neighborhood, and would occur with our without the operation of this convenience store. For example, it is impossible to understand how a "drive-by shooting" near the store arose from the conduct of the store owner, or how it would not have occurred if the store had been closed.

Moreover, Mr. Zatar is willing to comply with the requirements in the decision other than the change in hours and the secmity guard. There should be an opportunity to see if those measures resolve the issues of concern before imposing measures that will have the effect of closing the business.

Planning Dept. City of Los Angeles Re: Case No. DIR 2008-2822(RV) July 14,2010 page 2

It is my understanding fi·om page 5 of the decision that the effect of the decision is stayed pending resolution of this appeal.

I look forward to hearing from you regarding the means whereby I can review the administrative record and supplement this statement in supp01i of the appeal.

Very truly yours,

Stuati Miller

~llOGRANDE _:ITY OF LOS ANGELI::.d D~PARTMENT Of CITY PLANNING -, ADM\NIST RA TOR

,,~lNG ADMINISTRATORS

,,. NICOLAS BROWN SUE CHANG

LOURDES GREEN LINN K. WYATT

MAYA E. ZAITZEVSKY

June 30, 2010

Chief Zoning Administrator (A) Office of Zoning Ad ministration 200 North Spring Street, #763 Los Angeles, CA 90012

Heriberto and Maria Nunez (0) 8114 San Luis Avenue South Gate, CA 90280

Dima Market 10609 Wilmington Avenue Los Angeles, CA 90002

CALIFORNIA

5. GAIL GOLDBERG, AICP DIRECTOR

OFFICE OF ZONING ADMINISTRATION

200 N SPRING STRHT, 7'" FtooR Los ANcms, CA 90012

(213)978·1318

ANTONIO R. VILLARAIGOSA FAX: 1213) 978-1334

www.lacity.org/PLN MAYOR

CASE NO, DIR 2008-2822(RV) IMPOSITION OFCONDITIONS 10609 Wilmington Avenue Southeast Los Angeles Planning Area Zone [Q]C2-1 D. M. 090A215 C. D. 15 CEQA ENV 2008-2823-CE Legal Description : Lots 339-341,

Farris Tract

Pursuant to Section 12.27.1 of the Los Angeles ~unicipal Code, I hereby REQUIRE:

the modification of the operation of a market known as Dima Market located at 1 0609 Wilmington Avenue, in order to mitigate adverse impacts caused by said operation and the sale of alcoholic beverages and any potential impacts caused by any future operation of the market,

as follows:

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

2. The authorized use shall be conducted at all times with due regard for the character of the surrounding district, and the right is reserved to the Zoning Administrator to impose additional corrective Conditions, if, in the Administrator's opinion, such Conditions are proven necessary for the protection of persons in the neighborhood or occupants of adjacent property.

3. All graffiti on the site shall be removed or painted over to match the color of the surface to which it is applied within 24 hours of its occurrence.

4. Hours of business operation shall not exceed 7 a.m. to 7 p.m., daily.

AN EQUAL EMPLOYMENT OPPORTUNITY- AFFIRMATIVE ACTION EMPLOYER

CASE NO. DIR 2008-L822(RV) PAGE 2

5. At least one State licensed armed security guard shall be on the premises during all hours of operation for the market. The guard shall be an employee of a State­licensed security company and fluent in English. The guard shall wear a distinctive uniform, a patch on each shoulder which reads "private security" and the name of the private security company for which the person is employed.

The guard's primary responsibility shall be to patrol inside the premises and outdoors, including the adjacent sidewalk and alley, in order to discourage loitering, public drinking, narcotics use/possession/sales and other public nuisances or criminal activities. The guard shall notify the Police when the guard's training would indicate such presence is needed. The guard shall not follow, impede, obstruct or delay any law enforcement personnel conducting inspections or ofFicial business at the location. A guard presence shalf be maintained outdoors at all hours specified by this condition, except for any incidental patrolling of the inside premises, as warranted.

a. Along with the normal security guard duties, the guard shall limit the number of patrons inside the market at any one time (five maximum).

b. Patrons shall not be allowed to remain inside the market for more than ten minutes.

6. The premises, including the adjacent sidewalk and alley, shall be cleaned of trash and debris on a daily basis and kept free of any other items that encourage loitering, such as but not limited to milk crates, benches and boxes.

7. There shall be no loitering and no alcoholic beverages consumed on the property or any property adjacent to the premises under the control of the owner/operator. The operator shall instruct patrons as to these prohib,itions and not to open any alcoholic beverages on the inside, in front of or adjacent to the premises.

8. An electronic age verification device, which can be used to determine the age of any individual attempting to purchase alcoholic beverages or tobacco products, shall be installed on the premises at each point-of-sale location. All employees who assist in the sale of alcoholic beverages or tobacco products shall be trained to operate the age verification device. Such device shall be maintained in good working condition, replaced if not functioning properly, and operable at all times the convenience store is open to the public. The owner/operator shall verify that patrons attempting to purchase alcohol are of legal drinking age by requiring identification from anyone appearing to be under the age of 35.

9. Within six months of the effective date of this determination, the operators, managers and all employees selling alcoholic beverages to patrons shall enroll in and complete a certified training program for the responsible selling of alcohol, such as Standardized Training for Alcohol Retailers (STAR), recognized by the State Department of Alcoholic Beverage Control (ABC) or the Los Angeles Police Department. The applicant shall contact the Southeast Area Vice Unit of the Police Department, tel. (213) 972-7973 and make arrangements for such training. This training shall be completed by all new employees within 90 days of their

CASE NO. DIR 2008-28L2(RV) PAGE 3

employment and by all employees once every 24 months. Verification of compliance shall be recorded and maintained by the grantee and submitted to the Zoning Administrator.

10. Within 60 days of the effective date of this determination, the business owner/operator shall, in consultation with and to the satisfaction of the Police Department's Southeast Area Vice Unit, complete the following:

a. Install additional lighting, preferably halogen lighting, above the store entrance and to the south side of property adjacent to the alley. The lighting shall be of sufficient strength to make visible the identity and the actions of all persons entering and exiting the premises, to help deter loitering and provide improved security. The lighting shall be installed so that the light is directed onto the subject site and shielded to prevent the light source from being viewed from adjacent properties.

b. Install additional surveillance cameras inside and outside of the store with views of all common areas in order to provide for improved security and deter loitering along these areas of and adjacent to the property. The business

· operator shall routinely monitor the cameras and keep the video tapes/DVD for at least one week before recording over the said recorded device. The Police Department shall be notified whenever criminal activity is observed and the video tapes/DVD be made available to the Police upon reasonable request.

c. Remove any pay phones currently on the property. Thereafter, no pay phones are permitted.

d. Remove the corrugated metal fence and any other solid panels that impede clear view and observation of the property through the existing wrought iron fence.

e. Remove all trash and debris from open areas of the subject property and prevent any such accumulation from recurring.

11. All outside trash/recycling containers shall be stored within a solid block wall enclosure within the subject property, constructed to the satisfaction of the Department of Building and Safety, painted to match the color of the main building, and located so as not to result in noise or odor impacts on any adjacent use.

12. The market's front window shall be sufficiently kept clear of obstructions to provide clear visibility in and out of the market. Only minimum signage shall cover the window in order to allow direct view into the business. No alcohol advertising or promotional signs shall be permitted on windows and outside walls.

13. The owner/operator shall join and actively participate in the efforts of any local neighborhood watch and shall meet with the Los Angeles Police Department's Southeast Area Vice Unit representatives on as needed basis, as determined by the Police, to receive appropriate training and information regarding any alcoholic

CASE NO. DIR 2008-2822(RV) PAGE4

beverage control in the immediate area and any narcotic laws and nuisance abatement procedures.

14. The property owner and/or operator shall post professionally prepared signs in English and Spanish, at visible and conspicuous locations on the property, containing the following messages in lettering of 2 inches or more:

"IT IS A VIOLATION OF MUNICIPAL CODE SECTION 41.27(d) TO POSSESS ANY BOTTLE, CAN OR OTHER RECEPTACLE CONTAINING ANY ALCOHOLIC BEVERAGE WHICH HAS BEEN OPENED, OR THE SEAL IS BROKEN, OR THE CONTENTS OF WHICH HAVE BEEN PART/ALLY REMOVED, ON OR ADJACENT TO THESE PREMISES.n

and

"NO DRUGS, NO DRUG DEALERS, NO LOITERING, NO WEAPONS. THE LOS ANGELES POLICE DEPARTMENT MAKES REGULAR AND FREQUENT PATROLS OF THESE PREMISES."

15. No single cups, glasses or receptacles commonly used for drinking beverages shall be sold, furnished or given away in quantities of less than 24, nor shall ice be sold, furnished or given away in quantities of less than 5-pound packages.

16. No single cigarettes nor any narcotics paraphernalia or related items shall be sold.

17. The operator shall observe strict adherence to the Department of Alcoholic Beverage Control laws and conditions, specifically Section 25612.5 of the California Business and Professions Code (retail operating conditions).

18. The operator shall make available a copy of these conditions to all employees of the store and shall train them to insure that compliance with the conditions is monitored and enforced.

19. Conditions of this action shall be maintained on the premises at all times and posted along with other permits and produced immediately upon request of the Police Department, the Department of Building and Safety or other government entity.

20. No earlier than 5 months and no later than 6 months from the effective date of this determination, the owner/operator of the subject premises and/or the property owner of the land shall file a Plan Approval with the Office of Zoning Administration together with a filing fee and a mailing list of owners and occupants within 500 feet of the premises to determine the effectiveness of compliance with the conditions herein, and to determine whether additional and more restrictive conditions or, fewer conditions need to be considered for the operation of the facility or whether revocation is appropriate. The matter shall be set for a public hearing. The operator shall submit with the application documentation of how compliance with each condition has been attained.

CASE NO. DIR 2008-28L2(RV) PAGE 5

21. Within 30 days of the effective date ofthis determination, the property owner of the subject property shall record a covenant and agreement with the County Recorder, in a manner suitable to the Zoning Administrator, containing all of these conditions. This Covenant and Agreement shall be maintained in full force and effect at all times that the market is in business and shall not be terminated unless approved by the Zoning Administrator. If the property owner fails to comply with this condition, the City will record the covenant.

22. Within 30 days of the effective date of this determination, the business owner and/or the property owner shall reimburse the City for the costs required to conduct and process the subject nuisance abatement action pursuantto Section 19.01-P of the Los Angeles Municipal Code. Payment shall be made to the City of Los Angeles with confirmation of payment forwarded to the Zoning Administrator within this same time period.

TRANSFERABILITY

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

VIOLATIONS OF THESE CONDITIONS IS A MISDEMEANOR

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

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

APPEAL PERIOD» EFFECTIVE DATE

The Zoning Administrator's determination in this matter will become effective after JULY 15, 2010, unless an appeal therefrom is filed with the City Planning Department. It is strongly advised that appeals be filed early during the appeal period and in person so that imperfections/incompleteness may be corrected before the appeal period expires. Any appeal must be filed on the prescribed forms, accompanied by the required fee, a copy of the Zoning Administrator's action, and received and receipted at a public office of the Department of City Planning on or before the above date or the appeal will not be accepted. Forms are available on-line at http://pfanning.lacity.org. Public offices are located at:

Figueroa Plaza 201 North Figueroa Street,

4th Floor

Marvin Braude San Fernando Valley Constituent Service Center

6262 Van Nuys Boulevard, Room 251

CASE NO. DIR 2008-2822(RV)

Los Angeles, CA 90012 (213) 482-7077

Van Nuys, CA 91401 (818) 374-5050

PAGE 6

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

NOTICE

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

FINDINGS OF FACT

After thorough consideration of the statements and correspondence contained in the file, the report of the Zoning Analyst thereon, the statements made at the public hearing before the Zoning Administrator on August 21, 2008, all of which are by reference made a part hereof, as well as knowledge ofthe property and the surrounding district, I find that there is cause for imposition of corrective Conditions based upon the provisions of Section 12.27.1 of the Municipal Code which has been established by the following facts:

NUISANCE ABATEMENT AUTHORITY~ SECTION 12.27.1 OF THE LOS ANGELES MUNICIPAL CODE

On October 27, 1997, under Ordinance No. 171,7 40, Section 12.21-A, 15 was repealed and superseded by Section 12.27.1 which continued the established administrative procedures for nuisance abatement relating to the modification, discontinuance or removal of a land use that constitutes a public nuisance or endangers the public health, peace, health and safety of persons residing or working in the surrounding area or violates any land use related condition or other provision of City, State or Federal statutes or ordinance.

BACKGROUND

The subject property is a leve19,375 square-foot rectangular-shaped interior parcel of land comprised of three record lots and developed with a one-story commercial building (the subject Dima Market, formerly known as the Jordan Market) containing approximately 550 square feet of floor area with two small detached apartment units. The property is zoned [Q]C2-1. The [Q] condition limits the height of all buildings/structures to three stories or45 feet.

The property has 75 feet of frontage along the west side of Wilmington Avenue and an even depth 125 feet. The property abuts an east-west through alley along the southerly property line. There is no off-street parking for store customers although there is street

CASE NO. DIR 2008-28L2(RV) PAGE 7

parking and also private parking in the rear of the property, apparently for use by the residents of the apartment units.

Properties to the north fronting onto Wilmington Avenue are classified in the [Q]C2-1 Zone and developed mainly with one- and two-story multi-family residential buildings. To the east, across Wilmington Avenue, properties are classified in the [Q]C2-1 Zone and also developed with one- and two-story multi-family residential buildings. To the south, across the abutting alley, properties fronting onto Wilmington Avenue are classified in the [O]C2-1 Zone and developed with two-story multi-family residential buildings. Properties to the west are classified in the R1-1 Zone and are developed with one- and two-story single-family dwellings.

Wilmington Avenue, adjoining the property to the east, is a designated Major Highway Class ll dedicated to a right-of-way width of 60 feet and improved with asphalt roadway surfacing and concrete curbs, gutter and sidewalk.

The alley, adjoining the property to the south, is a through alley dedicated to a width of 15 feet and improved with asphalt surfacing.

The closest street light is located at the southwest corner of Wilmington Avenue and the alley abutting the subject property. Another street light is located at the northwest corner of Wilmington Avenue and 1 06th Street

Previous cases, affidavits, permits and orders on the slte/in the area include:

Subject Property

ABC License No. 457051 - California Department of Alcoholic Beverage Control License Type 20 (off-sale beer and wine) issued to Dima Investment Group doing business as Dim a Market. The original issue date was September 25, 2007. The current active license expires on August 31, 2010.

Order to Comply No. A-1887195 - On August 22, 2008, the Code Enforcement Bureau of the Department of Building and Safety issued the business operator an order citing the following Municipal Code violations:

1 . A temporary sign (paper) installed on the wrought iron security gate without permit and approval.

2. An approximately 4' x 5' illuminated projecting sign installed without permit and approval.

3. An illuminated wall sign approximately 4' x 12' installed without permit and approval.

4. Unapproved festive temporary decorative lighting (Christmas lights) installed at the wrought iron security bars.

Status: Closed- In compliance on April 5, 2010.

CASE NO. DIR 2008-2822(RV) PAGE 8

Order to Comply No. A-1194953- On May 5, 2006, the Code Enforcement Bureau of the Department of Building and Safety issued the property owner an order citing the following Municipal Code violations:

1. Unapproved banner and paper signs.

2. Unapproved projecting sign.

Status: Closed- In compliance on April 5, 2010.

Substandard Order No. A-11 95099 - On May 5, 2006, the Code Enforcement Bureau of the Department of Building and Safety issued the property owner an order citing the following Municipal Code violations:

1. The garage has been converted to habitable space without the required permits and approvals.

2. Unapproved occupancy or use of the: (1) store/residence to a store/duplex; (2) detached garage converted to a habitable use; (3) storage room addition to the garage converted to a habitable space.

3. Open storage of inoperable vehicles.

4. Rubbish, garbage, trash and debris on the premises.

5. The approximate 4' x 12' construction of a patio enclosure to the store/residence; the 8' x 8' laundry/storage room addition to the store/residences; and the 10 x 20' detached metal storage structure was/is constructed without the required permits and approvals.

6. Security bars or grilles on the required emergency or rescue window(s) were installed without the approved release mechanisms.

7. Maintenance and repair of the existing building (exterior).

8. Maintenance and repair of the existing building and premises (interior).

9. Electrical not complying with the Code.

10. Electrical permit required.

11. Inspection required.

12. Building(s) or portion(s) of occupied for living, sleeping, cooking or dining purposes which were not designed or intended to be used for such occupancies ..

CASE NO. DIR 2008-2822(RV) PAGE9

13. Hazardous wiring in the store/residence and the garage/storage room.

14. Hazardous plumbing in the store/residence and the garage/storage room.

Status- Closed -In compliance on May 18, 2007.

Certificate of Occupancy - Issued by the Department of Building and Safety on February 27, 1950 for: 1 Story, Type V, 23' x 73', G-1 and H Occupancies, Store and Residence. (No required or provided parking indicated)

No prior relevant zoning related cases pertaining to revocation proceedings or conditional use permits for alcoholic beverage sales were found within a 1 ,000-foot radius of the subject site.

The Southeast Los Angeles Community Plan Map designates the subject property for General Commercial land uses with corresponding zones of C1, C1.5, C2, C4 and RAS3.

The property is within the area of the South Los Angeles Alcohol Sales Specific Plan area. The Specific Plan pertains to conditional use approval of establishments dispensing for sale or other consideration alcoholic beverages, including beer and wine, for off-site consumption and thus has no direct effect on the subject matter.

CORRESPONDENCE AND REPORTS (Prior to Public Hearing)

In March of 2007, the City Attorney's Office, Citywide Nuisance Abatement Program ("CNAP") referred the subject market to the Office of Zoning Administration for nuisance abatement/revocation processing due to community complaints of public drinking, loitering, obstruction of the public sidewalk, and drug use and sales on, near and directly associated with the use and the site. The Los Angeles Police Department ("LAPD") has documented call and arrest reports for: public drinking; narcotics and controlled substances possession, use and sale; possession of drug paraphernalia; assaults, threats and possession of deadly weapons. LAPD personnel have stated that numerous persons loiter outside Dima Market for the purposes of selling and purchasing narcotics. Hand-to-hand narcotics transactions have been seen by undercover LAPD officers inside the store as well as outside and across the street from the store.

The illegal activities noted above are jeopardizing and/or endangering the public health and safety of persons residing or working on the premises or in the surrounding area, thereby constituting a public nuisance, and contributing to the deterioration of the adjacent community. The activities occurring in and around the premises have generated numerous neighborhood complaints and police responses thereby placing undue demand on the resources of the LAPD.

Comments from Other Departments or the General Public

July 29, 2008- Correspondence from a neighbor on 1 osth Street indicating the market is a place where "a lot of people come to drink and sell drugs and I would like if this market [were] to be closed down."

CASE NO. DIR 2008-2822(RV) PAGE10

LOS ANGELES POLICE DEPARTMENT- ARREST AND INVESTIGATION REPORTS

The LAPD submitted the following arrest/crime reports:

1. March 22, 2004 - Assault with a Deadly Weapon preliminary investigation report, occurred approximately 10:05 p.m.- Jordan Market clerk observes a slow moving vehicle approaching the front of the store; male passenger yells out the vehicle window identifying himself as a gang member then proceeds to fire approximately nine shots before fleeing the location; one male victim attempting to enter the store reports being grazed by a bullet.

2. March 30, 2004 - Possession of Marijuana for Sales arrest report, occurred approximately 5:50p.m.- Officers driving by observe narcotics transaction on sidewalk in front of Jordan Market; suspect abruptly ends transaction, enters liquor store and is observed by officers attempting to discard the marijuana into an open cooler; officers retrieve marijuana then arrest suspect.

3. April 21, 2004 - Possession of Marijuana for Sales arrest report, occurred approximately 1:25 p.m. - Officers notified of suspects selling marijuana in front of Jordan Market; officers observe hand to hand transaction; officers arrest two suspects.

4. May 6, 2004- Cocaine Sales arrest report, occurred approximately 4:30p.m. -Undercover officer buys crack cocaine from suspects loitering near Jordan Market; officers arrest four suspects; police "buy" money located inside Jordan Market cash register as suspect went into liquor store for change; clerk at market identifies suspect who brought in money.

5. June 19, 2004 - Assault with a Deadly Weapon preliminary investigation report, occurred approximately 6:50 p.m. - Intoxicated victim and suspect engage in verbal argument; suspect stabs victim on forehead with knife; suspect flees location on bicycle.

6. June 20, 2004 - Criminal Threats arrest report, occurred approximately 7:45 p.m. - Victim becomes involved in verbal argument with suspect; suspect threatens to kill victim; victim calls police; police arrest suspect.

7. December 19, 2004 - Possession of Marijuana for Sales arrest report, occurred approximately 5:50p.m.- Gang enforcement officers serve search warrant on liquor store; three subjects arrested; one for possession of marijuana for sales, one for possession of a firearm with serial numbers altered, one for possession of less than an ounce of marijuana.

8. June 14, 2005 - Battery preliminary investigation report, occurred approximately 8:00 p.m. -Victim observed suspect outside Jordan Market door; suspect appeared to be intoxicated; as victim walks through market doorway, suspect strikes victim with open hand; victim calls police; suspect gone upon arrival of officers.

9. September 15, 2005 - Possession of Marijuana for Sales arrest report, occurred approximately 5:00p.m.- Gang unit officers receive information that

CASE NO. DIR 2008-28L2(RV) PAGE 11

narcotics being sold in front of Jordan Market; officers observe suspect making hand-to-hand narcotics transactions on sidewalk in front of Jordan Market; suspect arrested.

1 0. November 23, 2005 - Battery preliminary investigation report, occurred approximately 2:30p.m.- Victim alleges that suspect sells marijuana in front of Jordan Market and has money, therefore victim requests a birthday gift from suspect; suspect becomes enraged and proceeds to slap and kick victim; victim flees location and reports crime to police.

11. December 19, 2005 - Possession of Marijuana for Sales arrest report, occurred approximately 3:30 p.m. - Officers notified of narcotics sales occurring in the alley next to Jordan Market; officers investigate and arrest one suspect after finding small baggies of narcotics packaged for sale.

12. January 24, 2006- Possession of Marijuana for Sales arrest report, occurred approximately 12:30 p.m. -Officers conduct surveillance of Jordan Market due to numerous complaints of narcotics, gangs and drinking; suspect observed exiting vehicle then walking in front of Jordan Market and purchasing marijuana; suspect detained then arrested.

13. January 24, 2006- Possession of Marijuana for Sales arrest report, occurred approximately 1:40 p.m.- Officers conduct surveillance of Jordan Market and observe suspect directing persons loitering about Jordan Market to hide marijuana; suspect observed making narcotic transaction; suspect detained then arrested.

14. January 24, 2006- Drinking in Public arrest report, occurred approximately 3:30 p.m. - Senior Lead Officer states that narcotics and drinking are constant problems at Jordan Market therefore he keeps constant watch over the area; SLO observes suspect drinking beer on sidewalk approximately 30 feet away from Jordan Market; suspect arrested and released at scene.

15. January 14, 2007- Drinking in Public arrest report, occurred approximately 11 :00 p.m. - Officers observe suspect in front of Jordan Market drinking alcoholic beverage; suspect arrested and released at scene.

16. January 15, 2007- Drinking in Public arrest report, occurred approximately 7:50 p.m. - Officers observe suspect in front of Jordan Market drinking alcoholic beverage; .suspect arrested and released at scene.

17. January 16, 2007- Drinking in Public arrest report, occurred approximately 3:40 p.m. - Officer observes suspect in front of Jordan Market drinking alcoholic beverage; suspect arrested and released at scene.

18. January 16, 2007 - Possession of Controlled Substance arrest report, occurred approximately 6:20 p.m. - Officers observe suspect drinking alcoholic beverage near Jordan Market; suspect arrested and while being searched, crack cocaine found in her possession.

CASE NO. DIR 2008-28~2(RV) PAGE12

19. January 16, 2007- Drinking in Public arrest report, occurred approximately 3:50 p.m. - Officers observe suspect in front of Jordan Market drinking alcoholic beverage; suspect arrested and released at scene.

20. January 22, 2007- Drinking in Public arrest report, occurred approximately 7:20 p.m. - Officers observe suspect in front of Jordan Market drinking alcoholic beverage; suspect arrested and released at scene.

21. January 22, 2007- Drinking in Public arrest report, occurred approximately 7:30 p.m. - Officers observe suspect in front of Jordan Market drinking alcoholic beverage; suspect arrested and released at scene.

22. January 24, 2007- Drinking in Public arrest report, occurred approximately 5:40 p.m. - Officers observe suspect in front of Jordan Market drinking alcoholic beverage; suspect arrested and released at scene.

23. January 24, 2007- Blocking Sidewalk arrest report, occurred approximately 6:00p.m.- Officers observe suspect sitting on milk crate on sidewalk in front of Jordan Market forcing pedestrians to go into the street to avoid her; suspect arrested and released at scene.

24. January 26, 2007- Drinking in Public arrest report, occurred approximately 7:30 a.m. - Officers observe suspect in front of Jordan Market drinking alcoholic beverage; suspect arrested and released at scene.

25. January 30, 2007- Drinking in Public arrest report, occurred approximately 7:30 a.m. - Officers observe suspect in front of Jordan Market drinking alcoholic beverage; suspect arrested and released at scene.

26. January 31, 2007- Blocking Sidewalk arrest report, occurred approximately 2:1 0 p.m. -Officers observe suspect sitting on milk crate on sidewalk in front of Jordan Market forcing pedestrians to go into the street to avoid her; suspect arrested and released at scene.

27. January 31, 2007- Blocking Sidewalk arrest report, occurred approximately 2:20p.m.- Officers observe suspect sitting on milk crate on sidewalk in front of Jordan Market forcing pedestrians to go into the street to avoid him; suspect arrested and released at scene.

28. January 31, 2007- Blocking Sidewalk arrest report, occurred approximately 7:00p.m.- Officers observe suspect sitting on milk crate on sidewalk in front of Jordan Market forcing pedestrians to go into the street to avoid him; suspect arrested and released at scene.

29. February 3, 2007- Drinking in Public arrest report, occurred approximately 12:00 p.m. - Officers observe suspect in front of Jordan Market drinking alcoholic beverage; suspect arrested and released at scene.

30. February 13, 2007- Drinking in Public arrest report, occurred approximately 3:45 p.m. - Officers observe suspect in front of Jordan Market drinking alcoholic beverage; suspect arrested and released at scene.

CASE NO. DIR 2008-28L2(RV) PAGE13

31. February 20,2007- Drinking in Public arrest report, occurred approximately 4:00p.m. - Officers observe suspect sitting on sidewalk 10 feet away from Jordan Market drinking alcoholic beverage; suspect arrested and released at scene.

32. February 22, 2007- Drinking in Public arrest report, occurred approximately 7:40 p.m. - Officers observe suspect in front of Jordan Market drinking alcoholic beverage; suspect arrested and released at scene.

33. February 22, 2007- Drinking in Public arrest report, occurred approximately 7:50 p.m. - Officers observe suspect in front of Jordan Market drinking alcoholic beverage; suspect arrested and released at scene.

34. February 22, 2007- Drinking in Public release from custody report, occurred approximately 8:00 p.m. - Officer observes suspect near the corner of Wilmington Avenue and 1 06th Street drinking alcoholic beverage; suspect admonished and released at scene.

35. February 28, 2007- Drinking in Public arrest report, occurred approximately 1:20 p.m. - Officers observe suspect in front of Jordan Market drinking alcoholic beverage; suspect arrested and released at scene.

36. February 28, 2007- Blocking Sidewalk arrest report, occurred approximately 1:30 p.m.- Officers observe suspect sitting on milk crate on sidewalk in front of Jordan Market forcing pedestrians to go into the street to avoid her; suspect arrested and released at scene.

37. February 28, 2007- Blocking Sidewalk arrest report, occurred approximately 1:40 p.m.- Officers observe suspect sitting on milk crate on sidewalk in front of Jordan Market forcing pedestrians to go into the street to avoid her; suspect arrested and released at scene.

38. March 4, 2007 - Possession of Controlled Substance arrest report, occurred approximately 2:20 p.m. -Officers observe suspect sitting in alley abutting Jordan Market drinking alcoholic beverage; suspect begins running away from officers; officers catch suspect and retrieve crack cocaine that the suspect attempted to throw away; suspect found to be on parole for possession of narcotics; suspect arrested.

39. March 24, 2007- Parolee in Possession of Firearm arrest report, occurred approximately 1:15 p.m. - Undercover officer enters Jordan Market and purchases narcotic paraphernalia (glass pipe and small piece of Brillo Pad) from store clerk behind counter where a loaded gun is kept; officers arrest clerk and discover he is on parole with a warrant therefore he is arrested.

40. March 27, 2007 - Drinking in Public arrest report, occurred approximately 5:15 p.m. -Officers observe suspect sitting in the alley abutting Jordan Market drinking alcoholic beverage; suspect arrested and released at scene.

41. April 5, 2007 - Drinking in Public arrest report, occurred approximately 1 :30 p.m.- Officers observe suspect sitting on sidewalk in front of Jordan Market drinking alcoholic beverage; suspect arrested and released at scene.

CASE NO. DIR 2008-2822(RV) PAGE14

42. April 5, 2007 - Drinking in Public arrest report, occurred approximately 1:30 p.m. - Officers observe suspect sitting on sidewalk in front of Jordan Market drinking alcoholic beverage; suspect arrested and released at scene.

43. September 18, 2007 - Drinking in Public arrest report, occurred approximately 10:00 a.m. - Officers observe suspect drinking alcoholic beverage in front of Jordan Market; suspect arrested and released at the scene.

44. September 18, 2007 - Drinking in Public arrest report, occurred approximately 11:10 a.m. - Officers observe suspect drinking alcoholic beverage at corner of Wilmington Avenue and 106th Street; suspect arrested and released at the scene.

45. April 11, 2008 - Drinking in Public release from custody report, occurred approximately 4:50 p.m. - While traveling eastbound on 1 oyth Street approaching Wilmington Avenue, officer observes suspect drinking alcoholic beverage in public view and place; suspect arrested and released at the scene.

46. April 11, 2008 - Drinking in Public release from custody report, occurred approximately 5:30 p.m. -Officer observes suspect sitting on a milk crate and drinking alcoholic beverage on sidewalk in front of Jordan Market; suspect arrested and released at the scene.

47. April 20, 2008- Drinking in Public and Possession of Drug Paraphernalia arrest report, occurred approximately 1:20 p.m. -Officers observe suspect sitting on milk crate on sidewalk drinking from an alcoholic beverage container along with two other suspects; one attempted to flee on bicycle as officers approached; all three suspects detained; one suspect admitted he was on probation and another stated he had a "crack pipe" in his pant pocket.

48. April 20, 2008- Possession of Marijuana for Sales arrest report, occurred approximately 8:20 p.m. - Officers observe suspect drinking alcoholic beverage among a group of males in front of Dima Market; suspect runs into the store and is pursued by officers; suspect arrested and officers then discover six individual bags of marijuana in store area where suspect was detained; officers search suspect and recover an additional bag of marijuana from his right side leg pocket and $150 U.S. currency; suspect taken into custody at 77th Street Jail for booking.

49. Apri126, 2008- Possession of Open Alcoholic Beverage Container adjacent to a liquor store arrest report, occurred approximately 5:10 p.m. -Officers observe suspect in possession of an open container of alcohol while standing on the sidewalk in front of the Dima Market; suspect arrested and released at the scene.

CASE NO. DIR 2008-28L2(RV) PAGE15

50. May 17, 2008-Assaultwith a Deadly Weapon investigative report, occurred approximately 5:45 p.m. -Officers receive ADW radio call at 10609 South Wilmington Avenue; victim observed at scene being treated by paramedics for large contusion on forehead; victim described female suspect as having swung an alcoholic beverage bottle at his head after victim refused to give her money; suspect then fled.

51. May 29, 2008- Property report, occurred approximately 5:45 p.m.- ATF informant walks to the front of the Jordan Market and is directed inside to a person behind the counter who asks the informant how much "weed" he/she wanted to buy, to which the informant replies, two bags; person behind the counter reaches for two baggies and places them inside a black plastic bag with a soda and bag of chips; informant pays person at counter $10 U.S. currency; bags of marijuana later recovered by LAPD officer.

52. June 10, 2008 - Property report, occurred approximately 6:30 p.m. - ATF informant drives to the front of the Jordan Market and observes suspect and asks to buy marijuana; suspect tells informant to wait, walks across Wilmington Avenue and opens a parked vehicle; suspect retrieves the product, walks back to meet the informant; informant purchases two $5 bags of marijuana and asks suspect about purchasing rock cocaine; suspect contacts an unidentified male who enters the Jordan Market, exits with a baggie and gives it to the suspect; suspect then hands the baggie to the informant, who then hands the suspect a $20 bill; informant then drives away.

53. September 29, 2008 - Possession of Marijuana for Sales arrest report, occurred approximately 1:10 p.m. - Officers on patrol respond to another unit's request at 10609 South Wilmington Avenue; suspect had been observed by other officers in what appeared to be a cash transaction with another unidentified man for bags of marijuana while standing on 1 O?th Street; one officer gave chase to the suspect who fled north on Wilmington Avenue and then west into the alley south of the Dima Market; suspect tossed a black bag over the wrought iron fence adjacent to the market and attempted to jump over the fence; suspect was discovered a few minutes later inside the Dima Market attempting to buy beer and was detained; a black plastic bag containing U.S. currency and marijuana was recovered in the· yard; suspect arrested and booked at 77th Street Jail.

54. October 13, 2008 - Murder investigative report; occurred approximately 8:50 p.m. -Unknown suspect(s) drive by a parked vehicle on southbound Wilmington Avenue, south of 1 06th Street, and with the victim inside; suspect(s) fire numerous shots at the vehicle and strike the victim; suspect(s) flee southbound from the location; victim taken to a hospital and dies the next day; a second victim on the sidewalk next to the first victim's vehicle when shooting occurs is struck on the left arm by a bullet.

55. October 18, 2008- Possession of Less than One Ounce of Marijuana arrest report, occurred approximately 10:15 a.m.- Officers observe two suspects riding a bike northbound on Wilmington Avenue while approaching Santa

CASE NO. DIR 2008-2822(RV) PAGE16

Ana Boulevard; suspects continue traveling north and one gets off the bike and enters the subject market while the other stands outside the store; officers approach and detain suspects and find a baggie containing marijuana in a box where one suspect had been standing; suspects arrested and transported to Southeast Station.

56. November 3, 2008 - Murder investigative report; occurred approximately 9:10 p.m. - Unknown suspect(s) drove by and fired numerous gunshots striking victim several times; victim was standing adjacent to the Dima Market; suspects fled the area; victim taken to a hospital but failed to respond to medical treatment and subsequently was pronounced dead.

57. November 13, 2008- Attempted robbery and possession of cocaine arrest report; occurred approximately 11:10 p.m. - Suspect parked his vehicle, which had no front license plate, in front of Dima Market; officers pulled. behind and approached his vehicle; suspect was carrying a BB gun as he exited the vehicle; officers searched vehicle recovering the gun, a glass pipe and a baggie containing rock cocaine; market owner told officers that suspect had entered the store for separate times the day before and asked the owner for money; officers believed suspect intended to enter the store in attempt to demand money and use the BB gun to instill fear; suspect arrested and booked at 77th Street Jail.

58. May 2, 2009 - Riding a bicycle while holding an open container of an alcoholic beverage property report; occurred approximately 5:50 pm. -Suspect pulled over by officers at 10609 Wilmington Avenue and frisked for weapons; officers recovered a plastic baggie containing marijuana; suspect cited and released at the scene.

59. May 9, 2009- Forgery investigation report; occurred approximately 5:40p.m. -Suspect entered Dima Market and tried to pass a fake $20 bill to the store owner, who realized it was fake and tore it up; suspect became upset and left scene in a vehicle with two other males.

60. June 9, 2009 - Assault with a Deadly Weapon arrest report; occurred approximately 3:20 p.m. the prior day- Female suspect, age 13, assaults female Markham Middle School victim as the latter was walking home from school; suspect placed under arrest and booked at 77th Street JaiL

61. June 17, 2009- Transport of Marijuana arrest report; occurred approximately 1:00 a.m. - Officers approached suspect riding bicycle who was riding without a light in violation of the Vehicle Code; officers recovered plastic baggies of marijuana from the suspect's pant pocked; suspect arrested and transported to Southe~st Division.

62. July 3, 2009- Drinking an Alcoholic Beverage in Public View arrest report; occurred approximately 7:30 pm. - Suspect riqing a bicycle on the west sidewalk of Wilmington Avenue near 1 061

h Street; suspect arrested and released at the scene.

CASE NO. DIR 2008-28L:2(RV) PAGE 17

63. July 19, 2009 - Sales of Single Cigarettes release from custody report; occurred approximately 5:40 p.m. - Plain clothes officers walk into the market and observe a male standing behind the front counter next to the register; employee sold three single cigarettes to officer; defendant arrested and taken into custody.

64. August 24, 2009 - Assault with a Deadly Weapon Shooting investigative report; occurred approximately 3:35p.m.- Gang officers respond to "ADW Shooting" radio call at Wilmington Avenue and 106th Street; shooting had just occurred at the market and two victims were down, one having been transported to a hospital by private vehicle; victim stated he was standing near the market and was shot from a drive-by vehicle and believed it to be from a rival gang; officers identify a vehicle in the rival gang area that matches a vehicle seen in a video recording of the incident from a camera across the street

65. September 16, 2009 - Sales of Marijuana arrest report; occurred approximately 7:45 p.m.- Vice officers were monitoring the activity in and around the market location and observe two males loitering in front drinking from cans inside of brown paper bags; one suspect observed making what appeared to be a narcotics transaction; suspects acted as lookouts and escorted persons to the seller inside the store and then out; three suspects arrested and transported to Southeast station.

PUBLIC HEARING

In response to the allegations, the Office of Zoning Administration instituted proceedings to conduct a public hearing in order to obtain testimony from the owner/operator of the facility and interested or affected persons regarding the operation of the Dima Market. The hearing was noticed and mailed to the business operator of the facility and to the property owner of the premises and to owners and occupants of nearby properties within 500 feet of the subject site, in compliance with Municipal Code requirements.

A public hearing was held by the Zoning Administrator on August 21, 2008 commencing at approximately 10:00 a.m. in Los Angeles City Hall, located at 200 North Spring Street. In attendance and testifying were representatives of the Los Angeles Police Department, a representative of the operator, the operator, a representative from the Office of Council District 15 and neighbors.

The purpose of the hearing was to obtain testimony from the owner and operator of the subject facility and from any other affected or interested parties regarding the operation of the liquor store to determine whether the use constitutes a public nuisance or has resulted in repeated nuisance activities and to determine whether conditions should be imposed on the operation of the premises. The Director of Planning has the authority under Section 12.27.1 of the Municipal Code to impose conditions on the operation of an existing business to mitigate any land use impacts caused by the operations of such use.

CASE NO. DIR 2008-2822(RV) PAGE18

Summary of Testimony

The following is a summary of the points made in verbal testimony:

Senior Lead Officer Roberto Yanez, LAPD Southeast Division

There have been problems at this location since he was first assigned to Southeast in 1996. Problems include drinking in public in front, loitering, blocking the sidewalk; trespassing and persons sleeping in a garage on the property. One cannot see through a wrought iron fence; there are trash piles at the rear of the property. Narcotics transactions take place inside and at the front of the market. He had met with the business operator several times about the problem activities. Drinking in public and loitering problems have continued. The store sells alcoholic beverages and snacks. There are no surveillance cameras outside the store. Wants alcoholic beverage sales to cease. Should be an armed security guard and 24-hour outside surveillance camera operation. Gang members from outside the immediate area, such as Compton and Inglewood, congregate at this location and have been cited. Several residents have moved away because ofthe nuisance activities occurring at the Dima Market Drug transactions occur at the doorway to the market.

Detective Lavita Jones, LAPD Detective Support and Vice Division, Community Problems Unit

Has observed loitering and drinking at this location. People sit in front of the market on cardboard boxes, and drink. There is trash on the side of the property. Council Office indicated there had been citizen complaints about narcotics sales at this location. Narcotics sales occur inside and outside the store. People hang out starting in the early morning until about 4 p.m. Has seen open bags of ice inside the store.

Officer Otis Swift, LAPD Southeast Division

Has witnessed loitering, hanging out at this location since he began with Southeast Division about 10 years prior. J-walking back and forth to the store occurs on Wilmington Avenue. Drinking in public starts as early as 9:30 or 10:00 a.m. Nuisance problems occur from the time the market opens until it closes. This location always needs law enforcement attention and is a drain on LAPD resources. ABC license should be revoked; imposing conditions will not help.

CASE NO. DIR 2008-28L2(RV) PAGE19

Visitors to nearby Watts Towers are frightened by activities taking place in front of the market.

Christopher Carmouche, Property Owner, Wilmington Avenue

Has noticed drug dealing occurring at the market across the street from his duplex. Has had to gate the fence in front of his property. Finds discarded bottles, cans, paper, candy wrappers and debris on his property. One of his units has been vacant for some time and he cannot find a tenant due to the adverse conditions on the street. Two new duplex units nearby at 10617 and 10617-1/2 Wilmington Avenue are also unoccupied. There is a higher ratio of liquor sales to other merchandise items at the market. Activity at the market is constant. People who congregate around the market tend to loiter and drink on his side of the street (opposite the market) as well.

Louis Juarez, Area Resident

Has been in the neighborhood over 70 years. Liquor at this location is sold to a criminal element. A liquor store at 1 ogth Street and Wilmington Avenue was cleaned up over three years ago. Problems have occurred at this site for the last 10 to 15 years, including shootings. Nuisance problems are particularly active during the summer.

Jose Luis Roman, Market Employee

Employed 8 to 9 years at the market. He is aware of the issues. He asks problem individuals to leave but they return. There are signs in English and Spanish indicating no drinking on the premises and no smoking. Does not have STAR training.

Rosa Oropeza, Wilmington Avenue Resident

A 14-year resident about 1 /2 a block away from the market; a regular customer. No problems occur when she shops there. Sometimes sees people hanging out; she ignores them. She buys convenience items and is concerned about the business being closed down.

Jesley Gomez, Wilmington Avenue Resident

A market customer almost daily. It is hard sometimes to walk by the people in front. People are friendly; some are drinking liquor. Her mother sends her to the store to buy items like milk and juice.

CASE NO. DIR 2008-2822(RV) PAGE 20

Does not want to see the store closed.

Frank Hong, Council District 15

He and Council Office staff are very aware of nuisance activities occurring at the site. He agrees with points made by the LAPD and supports revocation of the alcoholic beverage license.

Nicholas Nassiff, Attorney for Dima Market Operator

Submits 37 letters in support of the business. His client knows there are problems occurring. The owner works at the store 12 hours per day. He would be forced to close the business if the beer and wine license were revoked.

Sam Zatar, Manager of Dima Market

Five or six guys are causing the problems. Appreciates the help of the LAPD. Problems occur up and down the street, not just at his market. The market is his only source of income. Has installed more lighting in front. Willing to work with the Police and provide security cameras and a security guard, if needed. There are three employees, including himself, who work at the market. The market is open 7 a.m. to 11 p.m., daily. Estimates 50 percent of sales are for alcoholic beverages. The store is always clean. There is a trash dumpster in the gated area. Beer is sold in individual cans/bottles, 6-packs and 12-packs. There is no age verification machine; employees check ID routinely. There are four security cameras inside that run 24 hours; the system does operate. Security video is stored for one week; he has never been asked by law enforcement to review the video tapes. About 90 percent of the customers walk to the store. Drug/narcotics sales are not tolerated, especially inside the store. He has never been personally threatened.

Nicholas Nassiff

Client used to work 3 to 4 hours; now works 10 to 14 hours at the market Client told loiterers to leave when he got notice of the revocation hearing. Client is committed to keeping the business open. Client's sister is the owner. Revocation would be too drastic a measure.

CASE NO. DIR 2008-2822(RV) PAGE 21

Senior Lead Officer Yanez - Rebuttal

Markets at 112th and Wilmington and 11 Oth and Wilmington do not sell alcoholic beverages and have remained open. The pay phone should be removed. Problems with the market have not decreased; there continues to be narcotics activity and drinking in public. Loitering would decrease if liquor sales were to discontinue.

At the end of the public hearing, the record on the matter was maintained open to allow additional time for the property owner and the business operator to coordinate with the Police Department, for the Police to submit any additional Police reports and for the operator and any interested party to submit additional information.

WRITTEN COMMUNICATIONS RECEIVED AT THE PUBLIC HEARING

The Zoning Administrator received from Mr. Nassiff, the business operator's attorney, 42 signed letters/statements in support of the market remaining open and a petition containing 48 signatures, also in support of the market remaining open.

WRITTEN COMMUNICATIONS RECEIVED SUBSEQUENT TO PUBLIC HEARING

Dima Zatar - Letter dated August 25, 2008

My name is Dima Zatar, I'm the owner of Dim a Market... This community convenience store has been opened and managed by my family for over 10 years. I took the title in June 2007 from Reem T a mimi. Dim a Market was formerly Jordan Market. My brother and my family have fun the convenience store with the best intentions for the community. Over the past decade, we have made Wilmington our home and feel a great bond to the neighborhood. We have provided food, over the counter medication and necessities, such as diapers to the local families. I have watched neighborhood children grow up over the years. Due to the bond and respect to the community, we have always tried our best to run the store as safe and ethical as possible. This is not to mention that my own family works at the store. We also have 2 employees from the Wilmington community working with us.

By revoking the license, the problem will not be solved. The problem is not the provided but the consumer that continues to loiter and behave in a disrespectful manner to the community. If the Dima Market beer & wine license is revoked, it will only cause consumers to go to the next beer & wine store and purchase it. Per Officer (Yanez), two other markets were shut and it did not solve the problem. The problem will continue the existing pattern that has been causing the current disturbances. We have been keeping and continue to keep a healthy communication with the community about how to prevent these disturbances. We would not like to move and the people in the community need us.

Below are some of the changes that will take effect immediately if our license remains:

CASE NO. DIR 2008-2822(RV)

Security Guard More Cameras (inside/outside the store) Staff training for Sales of liquors (beer & wine) More trash cans More communication with our customers Digita/10 card reader More signs

PAGE 22

We look fotward to se!Ving the community and making it a safer and healthier environment for all of us. It is our job at Dima Market to make sure each and everyone is happy with our se!Vice we provide. We promise to deliver the best service and to help the community be a better place to live.

On September 10, 2008, the Zoning Administrator received a list of suggested operating conditions for the Dim a Market from Officer Jones of the LAPD Detective and Support and Vice Division. The conditions address the following areas of concern and are not limited to those listed below:

Strict adherence to Department of Alcohol and Beverage Control laws and conditions. Keeping the premises and adjacent area under owner/operator control clear of litter and other objects that encourage loitering. Not allowing any patron to remain on the premises for more than 10 minutes to discourage loitering. Graffiti removal within 24 hours. Removal of any pay phones on the property. Posting of signs, in English and Spanish, requiring compliance with LAMC Sections 41.27(d) and 41.27(e). No cups, glasses, etc. sold, furnished or given away in quantities of less than 24. No sales of single cigarettes. No sales of narcotics paraphernalia or related items. No window/wall advertising of alcoholic beverages. Minimum signage covering the windows to allow direct view into the premises. Owner/operator participation in any local business neighborhood watch and meetings with Southeast Vice Unit representatives and Senior Lead Officers on an as needed basis to receive appropriate training and information. Use of an age verification machine for patrons attempting to purchase alcoholic beverages. One State-licensed uniformed security guard present during all operating hours. STAR training. Lighting above the entrance and to the west side of the premises to make visible the identity and actions of all persons entering and exiting the premises. Video surveillance cameras with inside/outside views of all common areas. Hours of operation limited from 7 a.m. to 7 p.m., daily. Training of all employees to comply with these conditions.

CASE NO. DIR 2008-28L2(RV) PAGE 23

DISCUSSION OF TESTIMONY

The record, including correspondence and testimony at the public hearing, indicates that the premises as well as the location have been the source of a number of impacts associated with a variety of activities primarily dealing with loitering, public drinking, and possession/sales of controlled substances. These have led to impacts which have occurred during all hours, daytime and evenings of business operation, and which have had a direct impact on the quality of life of adjacent residential neighbors and the community at large as well as which have put an undue demand on limited Police resources.

The record identifies 65 incidents with arrest/reports since March 2004 through September, 2009 associated predominantly with drinking in public and loitering in front of the market. However, there have also been numerous incidents narcotics possession/sales and violent crimes committed, such as assault with a deadly weapon, battery and murder by drive-by shooting (presumably gang-related). Most but not all of the incidents occurred during the afternoon or evening hours.

The business operator and owner indicate they are willing to implement certain recommendations of the Police Department, including the hiring of a security guard, installing more video surveillance cameras, staff training for alcohol sales, acquisition of an electronic age verification device, improved signage and better communication with patrons -if they are permitted to retain their current ABC license.

A proactive uniformed security guard by mere presence along with the implementation of various other security related matters may help deter the identified impacts. In addition to the presence of an armed security guard, more diligent oversight by the operator with regards to selling to intoxicated patrons or persons who tend to loiter can be undertaken so as to reduce some of the existing problems.

The purpose and typical first step in any nuisance abatement proceeding is to establish corrective conditions to address and curtail those issues which fostered the original nuisance activities. Most of these are directly related to the nature of the nuisance and to that extent those have been incorporated in this action. A six-month review period is established by this action to allow for a future assessment of the convenience store operation and of compliance with the imposed conditions. At such time, the nature of the operation and the implementation and effectiveness of the conditions can be evaluated in a public hearing based on a record that can be documented. To this end, the community and the convenience store operator and the property owners will have an opportunity to be vigilant and document compliance as well as non-compliance with any of the imposed conditions and whether the premises are operated in a manner which does not create a nuisance to the surrounding community.

FINDINGS

As presented in the information documented herein through correspondence and public testimony by affected parties, it is determined that the operation of the store known as Dima Market (formerly known as the Jordan Market) has created nuisance impacts at the

CASE NO. Dl R 2008-28L2(RV) PAGE 24

site. The Zoning Administrator, on behalf of the Director, finds that the business as operated:

1. Jeopardizes or adversely affects the public health, peace or safety of persons residing or working on the premises or in the surrounding area.

There are Police reports in the file, as well as public testimony and correspondence which indicate that activities at the subject location have resulted in impacts to the community at large. These impacts have been associated with the operation of the premises as a market and a lack of diligent oversight regarding- the sale of alcohol to certain individuals who are already intoxicated as well as an absence of effective monitoring of the sidewalk area directly abutting the market where public drinking has occurred. Such impacts include but are not limited to loitering, blocking the sidewalk, drug sales and possession of controlled substances, assaults with a deadly weapon and other criminal activities. The conduct of these activities deprives residents and other community members of their rightful ability to enjoy their neighborhood.

2. Constitutes a public nuisance.

Testimony at the hearing and in correspondence attests to the nuisance impacts generated by the numerous activities being conducted on and around the premises. There has yet to be an assertive and effective response by the operator as a result of the initiation of this nuisance abatement review to curtail activities which have become an ongoing public nuisance for several years. This situation has utilized limited City resources to target the mitigation of the nuisance activities.

3. Has resulted in repeated nuisance activities, including but not limited to public drinking, drug possession and loitering.

The record based on public testimony, correspondence and reports from the Police Department show that all of these activities have occurred on an ongoing basis in and around the subject market premises, which ultimately led to the initiation of nuisance abatement proceedings.

In order to preclude the occurrence of any problems, as described herein, in the future, and to protect the surrounding neighborhood, the Zoning Administrator has imposed conditions upon the site and its use which are intended to protect the interest of the surrounding neighborhood and to prevent further detrimental impacts thereon.

4. Adversely impacts nearby uses.

As documented and supported further by testimony, the operation of the store has adversely impacted abutting residential uses, including rental properties left vacant due to the underlying nuisance activities.

5. Violates provisions of Chapter 1 of the Municipal Code, or any other city, state, or federal regulation, ordinance or statute.

CASE NO. DIR 2008-28L2(RV) PAGE 25

The list of such violations is set forth in the arrest reports and crime reports information referenced in this action and also attached in more specificity to the case file.

RELATIONSHIP OF CONDITIONS TO FINDINGS

Condition Nos. 1-3: These conditions represent administrative conditions that are imposed upon all discretionary approvals. These conditions are designed to insure that any use of land or a business operation is conducted in a manner which respects the character ofthe surrounding community including to insure that all other regulations of the Municipal Code shall be observed. Graffiti clean-up is required within 24 hours of occurrence, which is also a standard condition imposed for any discretionary case.

Condition No. 4 - This condition requires the business operation not exceed 7 a.m. to 7 p.m., daily. These hours have been recommended by the Police Department to help curtail heightened nuisance activities that have and potentially can take place under the cover of darkness at night. This will be a reduction in current operating hours. (According to the operator's public hearing testimony, current operating hours are from 7 a.m. to 11 p.m., daily.) The reduction in operating hours is necessary to protect the public health and safety from continuing adverse nuisance and criminal activities occurring at night and help alleviate demand upon limited Police resources.

Condition No. 5- This condition, as recommended by the Police Department requires the presence of at least one State licensed, uniformed and armed security guard during all hours of operation for the market. The guard's presence requires monitoring the area outside the premises as well as the inside where nuisance activities have occurred. The limitation on the number of patrons allowed into the store and the length of time permitted to remain inside is intended to further curb loitering, public drinking and narcotics sales that have been observed to take place on the site. The Police have also advised that this limit on time allowed in the store, which has been imposed at other locations, is desirable to discourage loitering inside the premises. Further, the requirement that the security guard be armed is intended to deter the type and extent of criminal activity which has taken place at or in the immediate vicinity of the site, including gang-related activity, drug possession/use/sales, assaults with a deadly weapon, battery, attempted robbery, drive-by shooting and murder.

Condition No. 6- This condition seeks to insure that the operator and the property owners concentrate on the upkeep of the property and particularly conduct daily clean up of the trash and debris both on the property and on the adjoining sidewalk. A lack of any maintenance only reaffirms to those who want to drink outside the premises and loiter in the area, that there is no oversight of the property and that it is even acceptable to further degrade it.

Condition No.7- This condition is intended to reduce the likelihood of any on-site drinking, drinking in public areas and loitering.

Condition No. 8- This condition requires an electronic age verification device to insure that proper age verification is conducted in the sale of alcoholic beverages and that no

CASE NO. DlR 2008-28L2(RV) PAGE 26

sales to minors occur. This condition is imposed on non-nuisance markets as well as on restaurants which only have on-site sales in recognition of the need to provide accurate age verification.

Condition No. 9- This condition requires that all employees or others who sell alcohol be trained by the Police Department in alcohol sales under the STAR program. This condition requires that such training be current for any new employees as adequate training is intended to provide for increased accountability and responsibility in alcohol sales practice.

Condition No. 10-This condition requires that outdoor lighting be enhanced and additional surveillance cameras be installed after review and input from the Pol ice Department. At the public hearing, Police testimony addressed the need for better camera surveillance and lighting. This condition also requires that tapes be maintained for one week in the event that the Police Department or another agency needs to review them for any criminal investigation. The operator has a camera surveillance system inside the store and lighting which he is seeking to improve in order to meet the objectives of the Police Department in terms of location and effectiveness. This condition also requires that there be no public phones permitted on the property as these tend to provide a cover for loiterers or others who have no business at the site but who use the phone as a cover-up for nuisance-related activities. In addition, the property is not only unsightly with its corrugated metal addition to the wrought iron fence, it also blocks Police observation and surveillance into the property. It cannot be justified for the purpose of concealing open trash and debris inside the property; the condition requires that all trash and debris be removed and prevented from further accumulation.

Condition No. 11 -This condition requires the trash/recycling container(s) be stored within a solid block wall enclosure and located so as not to produce noise or odor impacts upon any adjacent use. Typically these enclosures are less visually obtrusive when they are painted to match the color of the main building on the site. The enclosure may require a building permit from the Department of Building and Safety, and thus must be constructed in accordance with plans approved by that Department.

Condition No. 12- This condition requires that the store's front window allow for improved visibility of the indoors for safety and monitoring by Police and that advertising or promotion of alcoholic beverages not be permitted on windows and outside walls, which otherwise conveys a message of primarily a liquor store operation, usually to the detriment of public safety and the surrounding area.

Condition No. 13- This condition is intended to insure that the operator continues to be an active participant in the community through participation in community organizations and interaction with the Police Department, which can provide preventive advice to promote a more responsible operation.

Condition No. 14 - This condition requires the conspicuous posting of professionally prepared signs identifying a Los Angeles Municipal Code provision which prohibits the opening of alcoholic beverages on the subject premises. It is intended as an admonition to patrons. Additionally, due to the presence of persons engaged in narcotics possession and sales or persons carrying weapons, warning signs are necessary convey that such activity will not be tolerated and that the site is under close observation by the Police.

CASE NO. DIR 2008-2b.c.2(RV) PAGE 27

Condition No. 15-This condition seeks to curtail the selling, furnishing of giving away of any single cups or receptacles that may facilitate the public drinking that has occurred on the sidewalk and the immediate area. The condition requires such items not be sold in less quantity than 24 items per package. A similar requirement will apply to the selling, furnishing or giving away of ice, which must not be conveyed in less than 5-pound quantities. In the past, broken bags of ice have been observed inside the store.

Condition No. 16 - This condition prohibits the sale of single cigarettes or any narcotics paraphernalia or related items. On July 19, 2009, undercover police agents arrested a store clerk who sold them three individual cigarettes. The prohibition on the sale of narcotics paraphernalia or related items is necessary so as not to attract persons engaged in possession, use or sale of illicit drugs or controlled substances.

Condition No. 17- This condition admonishes the operator to comply with all requirements of the Department of Alcohol and Beverage Control regarding retail operating conditions as these relate to alcohol sales.

Condition No. 18 - This condition requires that the operator make all employees familiar . with all conditions of this action. Familiarity with such conditions is intended to promote compliance with the conditions as further implemented by knowledgeable employees.

Condition No. 19-This condition requires the retention and posting of the conditions of this action and any other permits to insure that the operator is adhering to these and to facilitate the sharing of the conditions with any enforcement agencies that may need to evaluate current compliance while visiting the premises.

Condition No. 20- This condition requires that the owner/operator file a Pian Approval with the Office of Zoning Administration within 5 to 6 months of the effective date of this determination. It is the intent of this condition to permit the Zoning Administrator to maintain close monitoring of the operation of the premises. To do so it is necessary to determine whether the owner/operator is complying with the conditions imposed herein and to determine whether more or less stringent controls are required or whether the conditions imposed herein have resulted in the desired effect of reducing or eliminating the nuisance activities associated with the current use or whether revocation of the use is warranted. A compliance review is also a requirement of the Municipal Code provisions regarding nuisance abatement procedures pursuant to Section 12.27.1 of the Municipal Code.

Condition No. 21 -This condition requires that a covenant and agreement regarding all of the conditions of approval be recorded with the County Recorder by the property owner. This is a standard condition required in order to insure that any future owner of the property be made aware of the restrictions and requirements that have been made applicable to the premises. This condition serves to insure that in the event of a successor owning or operating the site, the new owner or operator is made aware of the requirements of this Office in order to assure the compatibility of the use with the surrounding businesses and properties. The City will record this covenant if the property owner does not comply with this condition as required.

CASE NO. DIR 2008-28LL(RV) PAGE 28

Condition No. 22- This condition provides for the payment of the costs associated with the nuisance abatement proceedings pursuant to Section 12.27.1 of the Los Angeles Municipal Code. On October 27, 1997, Ordinance No. 171,740 became effective adding Section 19.01-P to the Los Angeles Municipal Code. This Section establishes the authority for the amount that may be charged for the processing of a modification or discontinuation of a use. The fee is intended to address the sum of labor costs preparing the review of the case and its processing as well as hearing notice preparation/mailing costs.

It is the purpose of these proceedings under Ordinance No. 180,409 to provide a just and equitable method to be cumulative and in addition to any other remedy available for the abatement of certain public nuisance activities. This action is, therefore, to advise the owner and any future owner or lessee that this determination constitutes the first governmental action (provided by the above noted ordinance) and to make the herein cited correction and changes. Failure to comply with the conditions cited herein will put you at risk of revocation and the issue of an order directing the discontinuance of the use as a market with alcohol sales located at 10609 Wilmington Avenue.

It is further determined that the instant action by the Zoning Administrator on behalf of the Director of Planning is in compliance with Section 12.27.1 of the Municipal Code and has been conducted so as not to impair the constitutional right of any person. All of the procedures followed as a part of this action conform to the Municipal Code" The owner/operator of the premises as well as the property owners have been provided notice of these proceedings and have been afforded the opportunity to testify and respond to the allegations concerning the impacts of the operation of the store known as Dima,Market and the past operation on the property. Further, the conditions imposed are not so <Onerous as to prevent the viable, legal operation of the business.

GAIL GOLDBERG Director of Planning

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CITY OF LOS ANGELES DEPARTMENT OF CITY PLANNING

OFFICE OF ZONING ADMINISTRATION

STAFF INVESTIGATOR REPORT

August20,2008

Office of Zoning Administration (A) City of Los Angeles 200 North Spring Street, #763 Los Angeles, CA 90012

Heriberto and Maria Nunez (O)(Op) 8114 San Luis Avenue South Gate, CA 90280

Dima Market 10609 Wilmington Avenue Los Angeles, CA 90002

Request

CASE NO. DIR 2008-2822(RV) POSSIBLE IMPOSITION OF

CONDITIONS TO ABATE NUISANCE 10609 Wilmington Avenue Southeast Los Angeles Planning Area Zone : [O]C2-1 D. M. : 090A215 C. D. :15 CEQA : ENV 2008-2823-CE Fish and Game : Exempt Legal Description : Lots 339-341 ,

Farris Tract.

The purpose of the hearing is to obtain testimony of the property owner and/or business operator, plus affected and/or interested persons regarding the operation of the Dima Market (previously known as Jordan's Food Market), use location address: 10609 South Wilmington Avenue, (property location addresses of: 10607, 10609 and 10611 South Wilmington Avenue). Following the hearing, the Zoning Administrator may require the discontinuance of the use or may impose corrective conditions regarding its use as a market with be~r and wine sales in order to mitigate any land use impacts caused by the use.

Property Description

The subject parcel is a level, 9,375 square-foot, rectangular-shaped, corner parcel of land comprised of three record lots and developed with a one-story commercial building (the subject liquor store) containing approximately 550 square feet of floor area with two small, attached apartment units. The liquor store's hours of operation are approximately 9 a.m. to 8 p.m., seven days a week. The property is zoned [O]C2-1. The "Q" condition limits the height of all buildings/structures to three stories or 45 feet.

The subject property has 75 feet offrontage along the west side of Wilmington Avenue and 125 feet along the north side of the abutting alley. There is no off-street parking for customers of the subject" liquor store although there is street parking and also private parking in the rear of the property, apparently for use by the residents of the apartment units.

CASE NO. DIR 2007-5813(RV) PAGE 2

At the time of field investigation, there was a large pile of trash and debris within the fenced property near the southeast corner of the property. The exterior perimeter of the property was generally dirty with trash and debris scattered around the front of the liquor store as well as in the abutting alley. The very discernable scent of urine was prevalent around the portion of the alley closest to the liquor store.

The interior of the small liquor store appeared orderly and clean although cramped. The store's primary sales item is alcoholic beverages although the store also sells a limited amount of household goods and groceries which provides convenience for local residents. Single cans of alcoholic beverages are sold. According to the store clerk, ice is not given away and is only sold in 41b. bags, however, staff observed at least two bags of ice which were open with half of the contents gone. The clerk also stated that single styrofoam cups are not given away. No open packages of styrofoam cups were seen, only sealed, full packages of cups. Individual cigarettes are not sold, however, blunt cigars packaged in boxes of six, are opened and sold individually.

There are four video cameras located inside the store. There are no video cameras located outside on the building exterior. The monitor and DVD recorder are located behind the counter in the cash register area. The clerk was not familiar with the operation of the recorder and therefore was not able to state the length of time recorded on each DVD nor how long each DVD is kept before being recorded over or discarded.

The Project

In March of 2007, the City Attorney's Office, Citywide Nuisance Abatement Program (CNAP) referred the subject liquor store to the Office of Zoning Administration for nuisance abatemenUrevocation processing due to community complaints of public drinking, loitering, obstruction ofthe public sidewalk, and drug use and sales on, near and directly associated with the use and the site. The Los Angeles Police Department has documented call and arrest reports for: public drinking; narcotics and controlled substances possession, use and sale; possession of drug paraphernalia; assaults, threats and possession of deadly weapons. LAPD personnel has stated that numerous persons loiter outside Jordan Market for the purposes of selling and purchasing narcotics. Hand-to-hand narcotics transactions have been seen by undercover LAPD officers inside the store as well as outside and across the street from the store.

The illegal activities noted above are jeopardizing and/or endangering the public health and safety of persons residing or working on the premises or in the surrounding area, thereby constituting a public nuisance, and contributing to the deterioration of the adjacent community. The activities occurring in and around the premises have generated numerous neighborhood complaints and police responses thereby placing undue demand on the resources of the LAPD.

According to the State Department of Alcoholic Beverage Control licensing criteria, 4 on­site and 3 off-site are allocated to Census Tract No. 2427. There are currently 0 on-site and 1 off-site licenses in this Census Tract.

Statistics from the Los Angeles Police Department reveal that in the subject Crime Reporting District No. 646, which has jurisdiction over the property, the number of crimes reported were 1,869 compared to the Citywide average 256 crimes and the high crime reporting district average of 307 crimes for the same period.

CASE NO. DIR 2007-5813(RV) PAGE 3

Surrounding land Uses

Properties to the north are classified in the [Q]C2-1 Zone and are developed mainly with one- and two-story multi-family residential buildings.

Properties to the east, across Wilmington Avenue, are classified in the [Q]C2-1 Zone and are developed with one- and two-story multi-family residential buildings.

Properties to the south, across the abutting alley, are classified in the [Q]C2-1 Zone and are developed with two-story multi-family residential buildings.

Properties to the west are classified in the R 1-1 Zone and are developed with one-and two­story single-family residential buildings.

Previous Cases, Affidavits, Permits, and Orders On the Applicant's Property

License No. 457051 -California Department of Alcoholic Beverage Control license Type 20 (off-sale beer and wine) issued to Dima Investment Group doing business as Dima Market. The license expires on August 31, 2008.

Previous Cases, Affidavits, Permits, and Orders On Surrounding Properties

There are no similar or relevant ZA or CPC cases.

General Plan, Specific Plans and Interim Control Ordinances

Community Plan:

The Southeast Los Angeles Community Plan designates the property for General Commercial land uses with corresponding zones of C1, C1.5, C2, C4, and RAS3 with Height District No. 1.

Specific Plans and Interim Control Ordinances:

The property is within the area of the South Los Angeles Alcohol Sales Specific Plan. The subject project is not affected.

CPC-2007-3827-ICO pertains to the South Los Angeles Fast Food Interim Control Ordinance.

Streets

Wilmington Avenue, adjoining the property to the east, is a designated Secondary Highway dedicated a width of 60 feet and is improved.

The alley, adjoining the property to the south, is a through alley dedicated a width of 15 feet and is improved.

CASE NO. DIR 2007-5813(RV) PAGE4

Flood Hazard Evaluation

The property is not located in an area for which a flood insurance rate map has been prepared.

Environmental Clearance

On July 11, 2008, the project was issued a Notice of Exemption (Article Ill, Section 3, City CEQA Guidelines), log reference ENV 2008-2823-CE, for a Categorical Exemption, Class 21, Category 2, City CEQA Guidelines, Article VII, Section 1, State EIR Guidelines, Section 15100.

Comments from Other Departments or the General Public

The LAPD submitted the following arrest/crime reports:

1. March 22, 2004- Assault with a Deadly Weapon preliminary investigation report, occurred approximately 10:05 p.m. -Jordan Market clerk observes slow-moving vehicle approach front of store; male passenger yells out the vehicle window identifying himself as a gang member then proceeds to fire approximately nine shots before fleeing the location; one male victim attempting to enter the store reports being grazed by a bullet.

2. March 30, 2004 - Possession of Marijuana for Sales arrest report, occurred approximately 5:50p.m.- Officers driving by observe narcotics transaction on sidewalk in front of Jordan Market; suspect abruptly ends transaction, enters liquor store and is observed by officers attempting to discard the marijuana into an open cooler; officers retrieve marijuana then arrest suspect.

3. April 21, 2004 - Possession of Marijuana for Sales arrest report, occurred approximately 1:25 p.m. -Officers notified of suspects selling marijuana in front of Jordan Market; officers observe hand to hand transaction; officers arrest two suspects.

4. May 6, 2004- Cocaine Sales arrest report, occurred approximately 4:30p.m. -Undercover officer buys crack cocaine from suspects loitering near Jordan Market; officers arrest four suspects; police "buy" money located inside Jordan Market cash register as suspect went into liquor store for change; clerk at market identifies suspect who brought in money.

5. June 20, 2004 - Criminal Threats arrest report, occurred approximately 7:45 p.m. - Victim becomes involved in verbal argument with suspect; suspect threatens to kill victim; victim calls police; police arrest suspect.

6. June 19, 2004 - Assault with a Deadly Weapon preliminary investigation report, occurred approximately 6:50 p.m. - Intoxicated victim and suspect engage in verbal argument; suspect stabs victim on forehead with knife; suspect flees location on bicycle.

7. December 19, 2004 - Possession of Marijuana for Sales arrest report, occurred approximately 5:50p.m.- Gang enforcement officers serve search

CASE NO. DIR 2007-5813(RV) PAGE 5

warrant on liquor store; three subjects arrested; one for possession of marijuana for sales, one for possession of a firearm with serial numbers altered, one for possession of less than an ounce of marijuana.

8. June 14, 2005 - Battery preliminary investigation report, occurred approximately 8:00 p.m. -Victim observed suspect outside Jordan Market door; suspect appeared to be intoxicated; as victim walks through market doorway, suspect strikes victim with open hand; victim calls police; suspect gone upon arrival of officers.

9. September 15, 2005 - Possession of Marijuana for Sales arrest report, occurred approximately 5:00p.m.- Gang unit officers receive information that narcotics being sold in front of Jordan Market; officers observe suspect making hand-to-hand narcotics transactions on sidewalk in front of Jordan Market; suspect arrested.

10. November 23, 2005 - Battery preliminary investigation report, occurred approximately 2:30p.m.- Victim alleges that suspect sells marijuana in front of Jordan Market and has money therefore victim requests a birthday gift from suspect; suspect becomes enraged and proceeds to slap and kick victim; victim flees location and reports crime to police.

11. December 19, 2005 - Possession of Marijuana for Sales arrest report, occurred approximately 3:30 p.m. - Officers notified of narcotics sales occurring in the alley next to Jordan Market; officers investigate and arrest one suspect after finding small baggies of narcotics packaged for sale.

12. January 24, 2006- Drinking in Public arrest report, occurred approximately 3:30 p.m. - Senior Lead Officer states that narcotics and drinking are constant problems at Jordan Market therefore he keeps constant watch over the area; SLO observes suspect drinking beer on sidewalk approximately 30 feet away from Jordan Market; suspect arrested and released at scene.

13. January 24, 2006- Possession of Marijuana for Sales arrest report, occurred approximately 12:30 p.m.- Officers conduct surveillance of Jordan Market due to numerous complaints of narcotics, gangs and drinking; suspect observed exiting vehicle then walking in front of Jordan Market and purchasing marijuana; suspect detained then arrested.

14. January 24, 2006- Possession of Marijuana for Sales arrest report, occurred approximately 1:40 p.m.- Officers conduct surveillance of Jordan Market and observe suspect directing persons loitering about Jordan Market to hide marijuana; suspect observed making narcotic transaction; suspect detained then arrested.

15. January 14, 2007- Drinking in Public arrest report, occurred approximately 11:00 p.m. - Officers observe suspect in front of Jordan Market drinking alcoholic beverage; suspect arrested and released at scene.

CASE NO. DIR 2007-5813(RV) PAGE 6

16. January 15, 2007- Drinking in Public arrest report, occurred approximately 7:50 p.m. - Officers observe suspect in front of Jordan Market drinking alcoholic beverage; suspect arrested and released at scene.

17. January 16, 2007- Drinking in Public arrest report, occurred approximately 3:40 p.m. - Officer observes suspect in front of Jordan Market drinking alcoholic beverage; suspect arrested and released at scene.

18. January 16, 2007 - Possession of Controlled Substance arrest report, occurred approximately 6:20 p.m. - Officers observe suspect drinking alcoholic beverage near Jordan Market; suspect arrested and while being searched, crack cocaine found in her possession.

19. January 16, 2007- Drinking in Public arrest report, occurred approximately 3:50 p.m. - Officers observe suspect in front of Jordan Market drinking alcoholic beverage; suspect arrested and released at scene.

20. January 22, 2007- Drinking in Public arrest report, occurred approximately 7:30 p.m. - Officers observe suspect in front of Jordan Market drinking alcoholic beverage; suspect arrested and released at scene.

21. January 22, 2007- Drinking in Public arrest report, occurred approximately 7:20 p.m. - Officers observe suspect in front of Jordan Market drinking alcoholic beverage; suspect arrested and released at scene.

22. January 24, 2007- Drinking in Public arrest report, occurred approximately 5:40 p.m. - Officers observe suspect in front of Jordan Market drinking alcoholic beverage; suspect arrested and released at scene.

23. January 24, 2007- Blocking Sidewalk arrest report, occurred approximately 6:00p.m.- Officers observe suspect sitting on milk crate on sidewalk in front of Jordan Market forcing pedestrians to go into the street to avoid her; suspect arrested and released at scene.

24. January 26, 2007- Drinking in Public arrest report, occurred approximately 7:30 a.m. - Officers observe suspect in front of Jordan Market drinking alcoholic beverage; suspect arrested and released at scene.

25. January 30, 2007 - Drinking in Public arrest report, occurred approximately 7:30 a.m. - Officers observe suspect in front of Jordan Market drinking alcoholic beverage; suspect arrested and released at scene.

26. January 31, 2007- Blocking Sidewalk arrest report, occurred approximately 7:00p.m.- Officers observe suspect sitting on milk crate on sidewalk in front of Jordan Market forcing pedestrians to go into the street to avoid him; suspect arrested and released at scene.

27. January 31, 2007- Blocking Sidewalk arrest report, occurred approximately 2:40p.m.- Officers observe suspect sitting on milk crate on sidewalk in front of Jordan Market forcing pedestrians to go into the street to avoid him; suspect arrested and released at scene.

CASE NO. DIR 2007-5813(RV) PAGE 7

28. January 31, 2007- Blocking Sidewalk arrest report, occurred approximately 2:10p.m.- Officers observe suspect sitting on milk crate on sidewalk in front of Jordan Market forcing pedestrians to go into the street to avoid her; suspect arrested and released at scene.

29. February 2, 2007 - Drinking in Public arrest report, occurred approximately 7:50 p.m. - Officers observe suspect in front of Jordan Market drinking alcoholic beverage; suspect arrested and released at scene.

30. February 13, 2007- Drinking in Public arrest report, occurred approximately 3:45 p.m. - Officers observe suspect in front of Jordan Market drinking alcoholic beverage; suspect arrested and released at scene.

31. February 13, 2007- Drinking in Public arrest report, occurred approximately 12:00 p.m. - Officers observe suspect in front of Jordan Market drinking alcoholic beverage; suspect arrested and released at scene.

32. February 20, 2007- Drinking in Public arrest report, occurred approximately 4:00 p.m. - Officers observe suspect sitting on sidewalk 10 feet away from Jordan Market drinking alcoholic beverage; suspect arrested and released at scene.

33. February 22, 2007- Drinking in Public arrest report, occurred approximately 8:00p.m. -Officer observes suspect near the corner of Wilmington Avenue and 1 06th Street drinking alcoholic beverage; suspect arrested and released at scene.

34. February 22, 2007- Drinking in Public arrest report, occurred approximately 7:40 p.m. - Officers observe suspect in front of Jordan Market drinking alcoholic beverage; suspect arrested and released at scene.

35. February 28, 2007- Drinking in Public arrest report, occurred approximately 1:20 p.m. - Officers observe suspect in front of Jordan Market drinking alcoholic beverage; suspect arrested and released at scene.

36. February 28, 2007- Blocking Sidewalk arrest report, occurred approximately 1:30 p.m.- Officers observe suspect sitting on milk crate on sidewalk in front of Jordan Market forcing pedestrians to go into the street to avoid her; suspect arrested and released at scene.

37. February 28, 2007- Blocking Sidewalk arrest report, occurred approximately 1:40 p.m.- Officers observe suspect sitting on milk crate on sidewalk in front of Jordan Market forcing pedestrians to go into the street to avoid her; suspect arrested and released at scene.

38. March 4, 2007- Possession of Controlled Substance arrest report, occurred approximately 2:20 p.m. - Officers observe suspect sitting in alley abutting Jordan Market drinking alcoholic beverage; suspect begins running away from officers; officers catch suspect and retrieve crack cocaine the suspect

CASE NO. DIR 2007-5813(RV) PAGE 8

attempted to throw away; suspect found to be on parole for possession of narcotics; suspect arrested.

39. March 24, 2007 - Parolee in Possession of Firearm arrest report, occurred approximately 1:15 p.m. - Undercover officer enters Jordan Market and purchases narcotic paraphernalia (glass pipe and small piece of Brillo Pad) from store clerk behind counter where a loaded gun is kept; officers arrest clerk and discover he is on parole with a warrant therefore he is arrested.

40. March 27, 2007 - Drinking in Public arrest report, occurred approximately 5: 15 p.m. - Officers observe suspect sitting in the alley abutting Jordan Market drinking alcoholic beverage; suspect arrested and released at scene.

41. April 5, 2007 - Drinking in Public arrest report, occurred approximately 1 :30 p.m.- Officers observe suspect sitting on sidewalk in front of Jordan Market drinking alcoholic beverage; suspect arrested and released at scene.

42. April 5, 2007 - Drinking in Public arrest report, occurred approximately 1 :30 p.m. - Officers observe suspect sitting on sidewalk in front of Jordan Market drinking alcoholic beverage; suspect arrested and released at scene.

43. September 18, 2007 - Drinking in Public arrest report, occurred approximately 10:00 a.m. - Officers observe suspect drinking alcoholic beverage in front of Jordan Market; suspect arrested and released at the scene.

44. September 18, 2007 - Drinking in Public arrest report, occurred approximately 11:10 a.m. - Officers observe suspect drinking alcoholic beverage at corner of Wilmington Avenue and 1 06th Street; suspect arrested and released at the scene.

One letter was received from a local resident who states that many people come to the market to drink and sell drugs. He would like the market to be closed down.

KIT AWAKUNI Zoning Investigator

KA:Imc

= -COUNTY CLERK'S USE CITY OF LOS ANGELES CITY CLERK'S USE

OFFICE OF THE CITY CLERK ROOM 395, CiTY HALL

LOS ANGELES, CALIFORNIA 90012 CALIFORNIA ENVIRONMENTAL QUALITY ACT

NOTICE OF EXEMPTION (Article Ill, Section 3-City CEQA Guidelines)

Submission of this form is optional. The form shall be filed with the County Clerk, 111 No. Hill St., Los Angeles, California 90012, pursuant to Public Resources Code Section 21252 (b). Purs~ant to Public Resources Code Section 21188 (df, the filing of this notice starts a 35-day statute of limitations on court challenges to the approval of the project. Failure to file this notice with the County Clerk results In the statute of limitations being extended to 180 days.

LEAD CITY AGENCY I COUNCIL DISTRICT City of Los Angeles Department of City Planning 15

PROJECT TITLE ~ Revocation Action

~ LOG REFERENCE ENV 2008-2823-CE

PROJECT LOCATION :ot 10609 South Wilmington Avenue

DESCRIPTION OF NATURE, PURPOSE, AND BENEFICIARIES OF PROJECT: ~Mitigate nuisance activities on-site and upon adjacent properties by imposition of conditions and/or revocation of use

NAME OF PERSON OR AGENCY CARRYING OUT PROJECT ,.IF OTHER THAN LEAD CITY AGENCY: M Chief Zoning Administrator

CONTACT PERSON I AREA CODE ! TELEPHONE NUMBER I EXT. ~ Kit Awakuni X 213 ~ 978-1345

EXEMPT STATUS: (Check One)

CITY CEQA STATE EIR GUIDELINES GUIDELINE

0 MINISTERIAL Art Ill, Sec. 2b Sec. 15073

0 DECLARED EMERGENCY Art. Ill, Sec. 2a (1) Sec. 15071 (a)

0 EMERGENCY PROJECT Art. Ill, Sec. 2a (2) & (3) Sec. 15071 (b) & (c)

0 GENERAL EXEMPTION Art. Ill, Sec. 1 Sec. 15060

0 CATEGORICAL EXEMPTION Art. VII, Sec. 1 Sec. 15100

Class 21 Category .1.. (City CEQA Guidelines)

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

USTIFICATION FOR PROJECT EXEMPTION: he adoption of an administrative decision or order enforcing or revoking the lease, permit, license, ertificate or other entitlement for use or enforcing the general rule, standard or objective

IF FILED BY ArfLICA)lT, ATTACf:Y9'ERTIFIED DOCUMENT OF EXEMPTION FINDING.

Sl~ l ~- ~TITLE '../A; City Planning Associate

FEE:' I RECEIPT NO.

O!STRIBUTJON. (i} Counly Clerk, (2) City Clerk, (3) Agency Record Form Gen. 183 (Rev. 8-90) (Appendix A) (C.S. 4/98)

I REC'D. BY

DATE 7f11/08

DATE

THE APPLICANT CERTIFIES THAT HE OR SHE UNDERSTANDS THE FOLLOWING: Completion of this form by an employee of the City constitutes only a staff recommendation that an exemption from CEQA be granted. A Notice of Exemption is only effective if, after a public review and any required public hearings, it is adopted by the City agency having final jurisdiction (including any appeals) over the project application. IF a CEQA exemption is found inappropriate, preparation of a Negative Declaration or Environmental Impact Report will be required. IF THE INFORMATION SUBMITTED BY THE APPLICANT IS INCORRECT OR INCOMPLETE SUCH ERROR OR OMISSION COULD INVALIDATE ANY CITY ACTIONS ON THE PROJECT, INCLUDING CEQA FINDINGS.

NAME (PRINTED) SIGNATURE

DIMA MARKET O!R 2008-2822(RV)

Heriberto & Maria Nunez 8114 San Luis Avenue South Gate, CA 90280

Erendira Cesma 10616 Wilmington Avenue Los Angeles, CA 90002

Zatar Dima Sara 8114 San Luis Avenue South Gate, CA 90280

LAPD, Vice Southeast Division 145 West 1 08th Street STOP 436

Vincent Cravens State ABC- Metro 3530 Wilshire Boulevard, #111 0 Los Angeles, CA 90010

Mary Clair Molidor CNAP- Room 210 1645 Corinth Avenue Los Angeles, CA 90025

Dima Market 10609 Wilmington Avenue Los Angeles, CA 90002

Shirlyn Woods 1728 W. 36th Street Los Angeles, CA 90018-0036

Christopher C. 3715 Homeland Drive Los Angeles, CA 90008

Salvador & Maria Lopez 1834 East 1 06th Street Los Angeles, CA 90002

Amoni Loxy I 8918 Holmes Avenue Los Angeles, CA 90002

Elijah Asante 10606 Wilmington Avenue Los Angeles, CA 90002

Dima Market 10609 Wilmington Avenue Los Angeles, CA 90002

Karemeon Waddell-Peterson State ABC -Inglewood 1 Manchester Boulevard, 6th Floor P.O. Box 6500 Inglewood, CA 90306

Frank Lara, Code Enforcement Department of Building and Safety 500 Shatto Place, Room 500 STOP 115

Cynthia Foronda Community Redevelopment Agency 354 South Spring Street, #800 STOP 182

Roberto Yanez 145 W. 1 08th Street Los Angeles, CA 90061

Nicholas S. Nassif 3055 Wilshire Blvd., #900 Los Angeles, CA 90010

David Edwards and Kevin Gilligan City Attorney 1645 Corinth Ave., 2nd Floor S T 0 P 149

Ramon & Maria Palomino 2936 Norton Avenue Lynwood,CA 90262

Brian & Rebecca James 1 030 Dolores Street La Habra, CA 90631

Deutsche Bank National Trust Co. 155 North Lake Avenue Pasadena,CA 91101

Jordan Market 10609 Wilmington Market Los Angeles, CA 90002

Marcie Griffin State ABC - Long Beach/Lakewood 3950 Paramount Boulevard, #250 Lakewood, CA 90712

Det. Eric Moore Los Angeles Police Department Community Problems Unit 419 South Spring Street, #600 STOP 933

Heriberto and Maria Nuez 8114 San Luis Avenue South Gate, CA 90280

Lavita Jones 251 E. 6th Street, Room 323 Los Angeles, CA 90013

Sam Zatar 10609 Wilmington Avenue Los Angeles, CA 90002

Feliciano Hernandwz 1831 E. 1 05th Street Los Angeles, CA 90002

Direct: (31 O) 308-4511 Fax: (310) 216·1199

E-mail: [email protected] www.aagla.org

'Nww.aagloa.org _llrnie Cortin Director

APARTMENT ASSOCIATION of GREATER LOS ANGELES

621 S. Westmoreland Ave. Los Angeles, CA 90005

Jordan Market 1 0609 Wilmington Ave Art Espinoza 07/09/08

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FLORES SUSANA AND 10703 ANZAC AVE LOS ANGELES CA 90059

60680010161 WILM10609

LOPEZ JOSE L 10710 ANZAC AVE LOS ANGELES CA 90059

Jordan Market \VILM10609 \VILM10609

10609 Wilmington Ave OCCUPANT OCCUPANT Art Espinoza 1776 E 105TH ST 1777 E105THST

07/09/08 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILM10609 \VILM10609 WILMI0609

OCCUPANT OCCUPANT OCCUPANT 1781 E I 05TH ST 1782 E 105TH ST 1783 E 105TH ST LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILM10609 \VILM10609 WILM10609

OCCUPANT OCCUPANT OCCUPANT 1784 E 105TH ST 1801 E 105TH ST 1802 E 105TH ST LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILM10609 WILM10609 WILM10609

OCCUPANT OCCUPANT OCCUPANT 1803 E 105TH ST 1805 E 105TH ST 1806 E 105TH ST LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILM!0609 WILM10609 WILM10609

OCCUPANT OCCUPANT OCCUPANT 1807 E 105TH ST 1808 E 105TH ST 1812 E 105TH ST LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

\VILMI0609 WILM10609 WILMI0609

OCCUPANT OCCUPANT OCCUPANT 1813 E J05TH ST 1814 E l05TH ST 1815 E J05TH ST LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILM10609 \VILM10609 WILM10609

OCCUPANT OCCUPANT OCCUPANT 1816 E 105TH ST 1818 E 105TH ST 1822 E 105TH ST LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILM10609 WILMI0609 WILM10609

OCCUPANT OCCUPANT OCCUPANT 1823 E 105TH ST 1824 E l05TH ST 1829 E105THST LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILM10609 \VILMJ0609 WILM\0609

OCCUPANT OCCUPANT OCCUPANT 1830 E 105TH ST 1831 E 105TH ST 1834 E 105TH ST LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILMJ0609 WILM10609 \VILMI0609

OCCUPANT OCCUPANT OCCUPANT 1911 E 105TH ST APT I 1911 E 105TH ST APT 2 1911 E 105TH ST APT 3 LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILM10609 WILM10609 WILM10609

OCCUPANT OCCUPANT OCCUPANT 1911 E 105TH ST APT 4 1911 E 105TH ST 1915 E 105TH ST LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS AJ:IGELES CA 90002

WILM10609 WILM10609 WILM10609

OCCUPANT OCCUPANT OCCUPANT 1916 E 105TH ST 1918 E 105TH ST 1920 E 105TH ST LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILMI0609 WILM10609 WILM10609

OCCUPANT OCCUPANT OCCUPANT 1923 E 105TH ST 1926 E 105TH ST 1951 E 105TH ST LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILM10609 WILM10609 WILM10609

OCCUPANT OCCUPANT OCCUPANT 1952 E 105TH ST 1954 E 105TH ST 1956 E 105TH ST LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILM10609 WILM10609 WILM10609

OCCUPANT OCCUPANT OCCUPANT 1912 E l05TH ST 1951 1/2 E 105TH ST 1741 E 106TH ST LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILM10609 WILM10609 WILM10609

OCCUPANT OCCUPANT OCCUPANT 1745 E 106TH ST 1746 E 106TH ST 1748 E l06TH ST LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILM10609 WILM10609 WILMJ0609

OCCUPANT OCCUPANT OCCUPANT 1748 1/2 E 1 06TH ST 1749 E 106TH ST 1751 E 106TH ST LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILM10609 WILM10609 WILM10609

OCCUPANT OCCUPANT OCCUPANT 1752 E 106TH ST 1755 E 106TH ST 1756 E 106TH ST LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILMI0609 WILM10609 WILMJ0609

OCCUPANT OCCUPANT OCCUPANT 1801 E 106TH ST 1802 E 106TH ST 1802 l/2 E I 06TH ST LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILMI0609 WILM10609 WILM10609

OCCUPANT OCCUPANT OCCUPANT 1803 E 106TH ST 1805 E 106TH ST 1806 E !06TH ST LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILM10609 WILM10609 WILM10609

OCCUPANT OCCUPANT OCCUPANT 1807 E 106TH ST 1808 E 106TH ST 1808 1/2 E I06TH ST LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILM10609 WILM10609 WILMI0609

OCCUPANT OCCUPANT OCCUPANT 1811 E 106TH ST 1812 E 106TH ST 1813 E 106TH ST LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILM10609 WILMJ0609 WILM10609

OCCUPANT OCCUPANT OCCUPANT 1814 E 106TH ST 1815 E 106TH ST 1817 E 106TH ST LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILM10609 WILM10609 WILM10609

OCCUPANT OCCUPANT OCCUPANT 1822 E 106TH ST 1823 E 106TH ST 1824 E 106TH ST LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILM10609 WILM10609 WILMI0609

OCCUPANT OCCUPANT OCCUPANT 1827 E 106TH ST 1828 E I06TH ST 1829 E 106TH ST LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

W1LM10609 WILM10609 WILM10609

OCCUPANT OCCUPANT OCCUPANT 1832 E 106TH ST 1833 E 106TH ST 1834 E 106TH ST LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILM10609 WILM10609 WILM10609

OCCUPANT OCCUPANT OCCUPANT 1840 E 106TH ST APT I 1840 E 106TH ST APT 2 1840 E l06TH ST APT 3 LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILM10609 WILMI0609 WILMI0609

OCCUPANT OCCUPANT OCCUPANT 1840 E 106TH ST APT 4 1 840 E 106TH ST 1768 E 107TH ST LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILMJ0609 WILM10609 WILM10609

OCCUPANT OCCUPANT OCCUPANT 1774 E 107TH ST 1776 E 107TH ST 1778 E 107TH ST LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILM10609 WILM10609 WILM10609

OCCUPANT OCCUPANT OCCUPANT 1782 E J07TH ST 1784 E l07TH ST 1801 E 107TH ST LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILM10609 WILM10609 WILM10609

OCCUPANT OCCUPANT OCCUPANT 1807 E I 07TH ST 1807 1/2 E 107TH ST 1 811 E 1 07TH ST LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WJLM10609 WILM10609 WILM10609

OCCUPANT OCCUPANT OCCUPANT 1815 E 107TH ST 1815 112 E 107TH ST 1818 E 107TH ST LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILM10609 WILM10609 WILM10609

OCCUPANT OCCUPANT OCCUPANT 1819 E 107TH ST 1820 E 107TH ST 1821 E 107TH ST LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILMI0609 WILM10609 WILM10609

OCCUPANT OCCUPANT OCCUPANT 1826 E 107TH ST 1827 E 107TH ST 1828 E 107TH ST LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILM10609 WJLM10609 WILMI0609

OCCUPANT OCCUPANT OCCUPANT 1829 E 107TH ST 1830 E 107TH ST 1831 E 107TH ST LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILMI0609 WJLM10609 WILM10609

OCCUPANT OCCUPANT OCCUPANT 1833 E 107TH ST 1834 E 107TH ST 1907 E 107TH ST LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILM10609 WILM10609 WILM10609

OCCUPANT OCCUPANT OCCUPANT 1907 1/2 E 107TH ST 1913 E 107TH ST 1913 1/2 E 1 07TH ST LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILMI0609 WJLM10609 WILMI0609

OCCUPANT OCCUPANT OCCUPANT 1919 E 107TH ST 1923 E 107TH ST 1765 E 107TH ST LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILMI0609 WJLM10609 WILM10609

OCCUPANT OCCUPANT OCCUPANT 1805 E 108TH ST 1812 E 108TH ST 1813 E 108TH ST LOS ANGELES CA 90059 LOS ANGELES CA 90059 LOS ANGELES CA 90059

WILMI0609 WILM10609 WILMJ0609

OCCUPANT OCCUPANT OCCUPANT 1814 E 108TH ST 1815 E l08TH ST 1819 112 E 108TH ST LOS ANGELES CA 90059 LOS ANGELES CA 90059 LOS ANGELES CA 90059

WILMJ0609 WILM10609 WILMI0609

OCCUPANT OCCUPANT OCCUPANT 1819 E 108TH ST 1820 E 108TH ST 1822 1/2 E 108TH ST LOS ANGELES CA 90059 LOS ANGELES CA 90059 LOS ANGELES CA 90059

WILM10609 WILM10609 WILM10609

OCCUPANT OCCUPANT OCCUPANT 1822 E 108TH ST 1823 E l08TH ST 1827 E !08TH ST LOS ANGELES CA 90059 LOS ANGELES CA 90059 LOS ANGELES CA 90059

WILM10609 WILM10609 WILM10609

OCCUPANT OCCUPANT OCCUPANT 1830 E 108TH ST 1832 112 E 108TH ST 1832 E 108TH ST LOS ANGELES CA 90059 LOS ANGELES CA 90059 LOS ANGELES CA 90059

WILM10609 WILM10609 WILM10609

OCCUPANT OCCUPANT OCCUPANT 1835 E 108TH ST I 0508 ANZAC AVE 10513 ANZAC AVE LOS ANGELES CA 90059 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILM10609 WILM10609 WILMl0609

OCCUPANT OCCUPANT OCCUPANT 10515 ANZAC AVE 10521 ANZAC AVE 10522 ANZAC AVE LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILM10609 WILM10609 WTLM10609

OCCUPANT OCCUPANT OCCUPANT 10524 ANZAC A VB 10525 ANZAC AVE 10526 ANZAC AVE LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILM10609 WILM10609 WILM10609

OCCUPANT OCCUPANT OCCUPANT 10529 ANZAC AVE I 0602 ANZAC AVE 10603 ANZAC AVE LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILM10609 WILM10609 WILM10609

OCCUPANT OCCUPANT OCCUPANT 10604 ANZAC AVE 10607 ANZAC AVE 1 0608 ANZAC AVE LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILM10609 WILM10609 WILM10609

OCCUPANT OCCUPANT OCCUPANT 10611 ANZAC AVE 10614 ANZAC AVE 10616 ANZAC AVE LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILM10609 WILM10609 WILMI0609

OCCUPANT OCCUPANT OCCUPANT 10618 ANZAC AVE 10621 ANZACAVE 10622 ANZAC AVE LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILM10609 WILMI0609 WILMI0609

OCCUPANT OCCUPANT OCCUPANT 10623 ANZAC AVE I 0623 1/2 ANZAC AVE 10626 ANZAC AVE LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILM10609 WILM10609 WILM10609

OCCUPANT OCCUPANT OCCUPANT 10715 ANZACAVE 10716 ANZAC AVE 10720 ANZACAVE LOS ANGELES CA 90059 LOS ANGELES CA 90059 LOS ANGELES CA 90059

WILM10609 WILM10609 WILM10609

OCCUPANT OCCUPANT OCCUPANT 10721 ANZAC AVE 1775 SANTA ANA BLVD 1781 SANTA ANA BLVD LOS ANGELES CA 90059 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILM10609 WILM10609 WILM10609

OCCUPANT OCCUPANT OCCUPANT 1783 SANTA ANA BLVD 1785 SANTA ANA BLVD 1918 SANTA ANA BLVD LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90059

WILM10609 WILM10609 WILM10609

OCCUPANT OCCUPANT OCCUPANT 1925 SANTA ANA BLVD 1919 SANTA ANA BLVD 1920 SANTA ANA BLVD LOS ANGELES CA 90059 LOS ANGELES CA 90059 LOS ANGELES CA 90059

WILM10609 WILMJ0609 WILM10609

OCCUPANT OCCUPANT OCCUPANT 1929 SANTA ANA BLVD 1901 SANTA ANA BLVD 10416 WILMINGTON AVE LOS ANGELES CA 90059 LOS ANGELES CA 90059 LOS ANGELES CA 90002

WILM10609 WILM10609 WILM10609

OCCUPANT OCCUPANT OCCUPANT 10418 WILMINGTON AVE 10418 WILMINGTON AVE APT 101 10418 WILMINGTONAVEAPT 102 LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILMJ0609 WILM10609 WILMI0609

OCCUPANT OCCUPANT OCCUPANT l 0418 WILMINGTON AVE APT 103 10418 WILMINGTON AVE APT 104 I 0509 WILMINGTON AVE LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILMJ0609 WILMI0609 WILM10609

OCCUPANT OCCUPANT OCCUPANT 10509 1/2 WILMINGTON AVE 10511 WILMINGTON AVE 10517 WILMINGTON AVE LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILM10609 WILM10609 WILM10609

OCCUPANT OCCUPANT OCCUPANT 1 0518 WILMINGTON AVE !0522 WILMINGTON AVE 10524 WILMINGTON AVE LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILM10609 WILM10609 WILM10609

OCCUPANT OCCUPANT OCCUPANT I 0524 1/2 WILMINGTON AVE I 0525 WILMINGTON AVE 10525 1/2 WILMINGTON AVE LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILM10609 WILMi0609 WILMl0609

OCCUPANT OCCUPANT OCCUPANT 1 0526 WILMINGTON AVE 10528 WILMINGTON AVE 10606 WILMINGTON AVE LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILM10609 WILM10609 WILM10609

OCCUPANT OCCUPANT OCCUPANT 10608 WILMINGTON AVE 10610 WILMINGTON AVE 10611 WILMINGTON AVE LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILM10609 WILM10609 WILM10609

OCCUPANT OCCUPANT OCCUPANT 10612 WILMINGTON AVE 10613 WILMINGTON AVE 10614 WILMINGTON AVE LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILMI0609 WILM10609 WILM10609

OCCUPANT OCCUPANT OCCUPANT 10615 WILMINGTON AVE 10616 WILMINGTON AVE 10617 WILMINGTON AVE LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILM10609 WILM10609 WILM10609

OCCUPANT OCCUPANT OCCUPANT 106171/2 WILMINGTON AVE 10618 WILMINGTON AVE I 0620 WILMINGTON AVE LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILM10609 WILM10609 WILM10609

OCCUPANT OCCUPANT OCCUPANT l 0621 WILMINGTON AVE 10423 WILMINGTON AVE 10501 WILMINGTON AVE LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILM10609 WILM10609 WILM10609

OCCUPANT OCCUPANT OCCUPANT l 0505 WILMINGTON AVE 10512 WILMINGTON AVE I 0609 WILMINGTON AVE LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILM10609 WILMl0609 WILM10609

OCCUPANT OCCUPANT OCCUPANT I 0624 WILMINGTON AVE UNIT 1 l 0624 WILMINGTON AVE UNIT 2 10624 WILMINGTON AVE UNIT 3 LOS ANGELES CA 90002 LOS ANGELES CA 90002 LOS ANGELES CA 90002

WILM10609 WILMI0609

OCCUPANT OCCUPANT 10625 WILMINGTON AVE l 0628 WILMINGTON AVE LOS ANGELES CA 90002 LOS ANGELES CA 90002

~onn 2.0&3 (R'i!V. 11021

Address Any Communications to: OFFICE OF ZONING ADMINISTRATION

200 N. SPRING ST., 7"' FLOOR Los ANGELES, CA 90012

(213) 978-1318 FAX- (213) 978-1334

NOTICE OF PUBLIC HEARING TO PROPERTY OWNERS o Within a 1 00-Foot Radius Jl.l Within a 500-Foot Radius

CASE NO. DIR 2008-2822(RV) POSSIBLE IMPOSITION OF CONDITIONS

TO ABATE NUISANCE OR REVOCATION OF USE

o Abutting a Proposed Development Site o And Occupants within a 100-Foot Radius ~And Occupants within a 500-Foot Radius

SOUTHEAST LOS ANGELES PLANNING AREA

DISTRICT MAP NO. 90A215 COUNCIL DISTRICT NO. 15

The Office of Zoning Administration will conduct a public hearing which you may attend.

PLACE:

TIME:

Los Angeles City Hall 200 North Spring Street, Room 1 020 (Enter From Main Street) Los Angeles, CA 90012

THURSDAY, AUGUST 21, 200B AT 10:00 A.M.

APPLICANT: CITY OF LOS ANGELES DEPARTMENT OF CITY PLANNING OFFICE OF ZONING ADMINISTRATION

The purpose of the hearing is to obtain testimony of the property owner and/or business operator, plus affected and/or interested persons regarding the operation of the Dima Market (previously known as: Jordan's Food Market), use location address: 10609 South Wilmington· Avenue, {property location addresses of: 10607. 10609 and 10611 South Wilmington Avenue ). Following the hearing, the Zoning Administrator may require-the discontinuance of the use; or may impose corrective conditions regarding its use as a market with beer and wine sales in order to mitigate any land use impacts caused by the use. The public is also invited to submit written comments prior to the hearing.

ISSUES: There are community complaints of public drinking, loitering, obstruction of the public sidewalk, and drug use and sales on, near and directly associated with the use and the site. The Los Angeles Police Department has documented call and arrest reports for: public drinking; narcotics and controlled substances possession, use and sale; possession of drug paraphernalia; assaults, threats and possession of deadly weapons. These activities are jeopardizing 01nd!or endangering the public health and safety of persons residing or working on the premises or in the surroundingarea, thereby constituting a public nuisance, and contributing to the deterioration ofthe adjacent community. The activities occurring in and around the premises have generated numerous neighborhood complaints and police responses thereby placing undue demand on the resources of the Police Department

AUTHORITY: The Director of Planning, through the Office of Zoning Administration, has the authority to revoke the use or to impose corrective conditions on the operation of the existing business as a market with beer and wine sales under Section 12.27.1 (land use impacts caused by any use) of the Los Angeles Municipal Code.

PROPERTY INVOLVED: The business conducted at the subject property is known as the Dima Market (previously known as: Jordan's Food Market) and is located at 10609 South Wilmington Avenue. The property ownership is legally described as Lots 339, 340 and 341, Farris Tract. The property is zoned [QJC2-1.

REVIEW OF FILE: Case No. DIR 2008-2822(RV} containing the file, maps and exhibits, is available in the Office of Zoning Administration, 7th Floor, ZOO North Spring Street, Los Angeles, CA 90012, between the hoursof7:15 a.m. and4 p.m., Monday through Friday. Please call (213) 978-1318, (818)756-8121 or (310) 548-7721 in advance to assure that the file wil! be available. The file will be unavailable for review the day of the hearing.

As a covered entity under Title II of the Americans with Disabilities Act, the City of Los Angeles does not discriminate on the basis of disability, and upon request, will provide reasonable accommodation to ensure equal access to its programs, services and activities.

Pursuant to California Government Code Section 65009(b)(2), any court challenge to the Zoning Administrator's action on this matter may be limited to only those issues raised prior to the dose of the public hearing.

IF YOU ARE NO LONGER THE OWNER OF THE PROPERTY WITHIN TH!S AREA, PLEASE FORWARD THIS NOTICE OF HEARING TO THE NEW OWNER.


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