"TRANSMITTAl TO COUNCil

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1 "TRANSMITTAl TO COUNCil Case No. Planning Staff Name(s) and Contact No. C.D. No. DIR (RV) Sue Chang Related Case No(s). Last Day to Appeal Location of Project (Include project titles, if any South Western Avenue February 6, 2012 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 Appellant(s) and Representative(s) Name(s) and Contact Information, including phone numbers, if available. Nilkants, Inc Vista Pacifica Rancho Palos Verdes, CA Ankur Patel Pine Tree Motel 3821 South Western Avenue Los Angeles, CA Richard Gibson, Esq. Gibson Law PC Oxnard Street, Suite 310 Woodland Hills, CA 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 , the above-captioned files, which are the subject of the attached appeal, are transmitted for your consideration. The appellants, Nilkants, Inc. and Ankur Patel, are appealing the entire determination of the Zoning Administrator. On January 20, 2012, Zoning Administrator Sue Chang, acting for the Director of Planning, pursuant to the provisions of Section found that the operation of the Pine Tree Motel at 3821 South Western Avenue is a public nuisance and requires modification of its operation to mitigate adverse impacts on persons and property inside the building and on surrounding properties. Items Appealable to Council DIR (RV) Fiscal Impact Statement ENV. No., if applicable Commission Vote: Yes No X ENV CE.. Please note. In add1t1on to this 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) rilaittng labels (7) Condo pro'ects only: Q,cppies of D' termination labels (including tenants and 500ft. radius). Pre Date Contact Number February 10,

2 linn K. WYATT... ITY OF LOS ANGELE.. DEPARTMENT OF CHIH LONING ADMINISTRATOR ASSQCIA TE ZONING ADMINISTRATORS R. NICOLAS BROWN SUE G-IANG LOURDES CREEN FERNANDO TOVAR MAYA E. ZAITZEVSKY February 10, 2012 CALIFORNIA ANTONIO R. VILLARAIGOSA MAYOR CITY PLANNING MICHAEL j. LOG RAN DE DIRECTOR OFFICE OF ZONING ADMINISTRATION 200 N_ SPRING 5TRHT, 7 1 " hoor I OS ;\NCHFS, CA (213) fax: (213) Honorable City Council City of Los Angeles Room 395, City Hall Los Angeles, CA Case No. DIR (RV) Appellants: Nilkants, Inc. and Ankur Patel Address: 3821 South Western Avenue Council District: 8 Plan: South Los Angeles Environmental: ENV CE Honorable Members: In accordance with Municipal Code Section , the above-captioned files, which are the subject of the attached appeal, are transmitted for your consideration. Appeal Request: The appellants, Nilkants, Inc., and Ankur Patel, are appealing the entire determination of the Zoning Administrator. Background: On January 20, 2012, Zoning Administrator Sue Chang, acting for the Director of Planning, pursuant to the provisions of Section found that the operation of the Pine Tree Motel at 3821 South Western Avenue is a public nuisance and requires modification of its operation to mitigate adverse impacts on persons and property inside the b~~~-an::surroun g properties. l,j '"" \ \ / LINNY WYATT Chief Zoning Administrator LKW:Imc AN EQUAL EMPLOYMENT OPPORTUNITY- AFFIRMATIVE ACTION EMPLOYER

3 City of Los Angeles- Department of City Planning APPEAL TO THE: City Council --~ (DIRECTOR, AREA PLANNING COMMISSION, CITY PLANNING COMMISSION, CITY COUNCIL) REGARDING CASE#: DIR (RV) PROJECT ADDRESS: 3821 South Western Avenue, Los Angeles, CA FINAL DATE TO APPEAL: _:_F_:e.:::.b~ru~a..:..ry~6:._, 2..:..0:_1:..::2:. _ TYPE OF APPEAL: 1. El Appeal by Applicant 2. D Appeal by a person, other than the applicant, claiming to be aggrieved 3. D Appeal by applicant or aggrieved person from a determination made by the Department of Building and Safety APPELLANT INFORMATION- Please print clearly Name: Nilkants, Inc. and Ankur Patel, owner and operator of Pine Tree Motel Are you filing for yourself or on behalf of another party, organization or company? 1::1 Self 0 Other: Telephone: ~ Are you filing to support the origina~licant's position? 0 Yes gno REPRESENTATIVE INFORMATION Name: Richard Gibson, Esq., Gibson Law PC Address: Oxnard Street, Suite 310 Woodland Hills, CA Zip: Telephone: 8_1_8_-7_1_6_-_79_5_0 Rick@GibsonLawLA.com This application is to be used for any appeals authorized by the Los Angeles Municipal Code for discretionary actions administered by the Department of City Planning. CP-7769 (11/09/09)

4 )USTIFICATION/REASON FOR APPEALINC lease provide on separate sheet. Are you appealing the entire decision or parts of it? B Entire 0 Part Your justification/reason must state: The reasons for the appeal How you are aggrieved by the decision Specifically the points at issue Why you believe the decision-maker erred or abused their discretion ADDITIONAL INFORMATION/REQUIREMENTS Eight (8) copies of the following documents are required (1 original and 7 duplicates): Master Appeal Form Justification/Reason for Appealing document Original Determination Letter Original applicants must provide the original receipt required to calculate 85% filing fee. Original applicants must pay mailing fees to BTC and submit copy of receipt. Applicants filing per K "Appeals from Building Department Determinations" are considered original applicants and must provide notice per K 7. Appeals to the City Council from a determination on a Tentative Tract (TT or VTT) by the City (Area) Planning Commission must be filed within 10 days of the written determination of the Commission. A CEQA document can only 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 appealable. "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.n --CA Public Resources Code (c) e complete and true: Date: _2=,,1----LJ i-1--)--"=2' {,2~ Amount Date Deemed Complete Date ~Determination Authority Notified 0 Original Receipt and BTC Receipt (if original applicant) erry '(2:e\/oCA17 o~ CP-7769 (11/09/09)

5 Richard Gibson, Cal. State Bar# GIBSON LAW PC Oxnard Street, Suite 310 Woodland Hills, California Telephone: Facsimile: Attorney for Nilkants, Inc. dba Pine Tree Motel and Ankur Patel JUSTIFICATION/REASONS FOR APPEAL TO THE LOS ANGELES CITY COUNCIL FROM THE LOS ANGELES DEPARTMENT OF PLANNING CASE NO. DIR (RV) 3821 SOUTH WESTERN A VENUE SOUTH LOS ANGELES PLANNING AREA Nilkants, Inc. dba Pine Tree Motel and Ankur Patel hereby appeal to the Los Angeles City Council from the January 20, 2012 decision of the Los Angeles Department of City Planning determining that the operation of the Pine Tree Motel located at 3821 South Western A venue is a public nuisance and requiring the modification of its operation. This determination was made pursuant to Section of the Los Angeles Municipal Code, and this appeal to the City Council is made pursuant to Section I of the Los Angeles Municipal Code. At the hearing before the Office of Zoning Administration, a good deal of evidence was presented that there are serious problems in the neighborhood in which the Pine Tree Motel is located. All witnesses agreed, for example, that there is often a good

6 REASONS/JUSTIFICAfiON FOR APPEAL CASE NO. DIR (RV) deal of trash dumped on the sidewalks adjacent to the motel. There is also evidence of street prostitution, drug dealing and confrontational vagrants in the area. There was no evidence, however, linking any of these problems to any actions or inactions taken by the motel. On this issue of trash dumping, for example, the evidence was undisputed that: (a) the trash was not on the motel property, but adjacent to it; (b) the trash was not dumped by anyone employed by or otherwise connected to the motel; and (c) motel personal try very hard to keep this sidewalk clear of trash; they often pick up the trash several times a week. Pine Tree Motel presented testimony by its manger, its security guard, its owner and a long-term resident of the motel. All of them testified that the motel has a resident manager, and a 24-hour on call security guard. All of them testified that management is very careful to obey the law, and to run a clean establishment. Rooms are not rented to anyone who does not produce two forms of identification. No one other than paying guests are permitted on the premises. The security guard testified that there are often problems with vagrants, street prostitutes and drug dealers in the neighborhood. He said that he and motel management was able to keep these people off the motel property. He said that he had no power, however, to deal with these people, and the problems that they bring, when they were not on the motel property. The long-term resident of the motel testified that the motel was clean and safe. She said that she was a long-time resident of the neighborhood and was well aware of its problems. She said, however, that this motel was very safe, and that she felt comfortable being there and having her minor grandchildren visit her there. 2

7 REASONS/JUSTIFKAfiON FOR APPEAL CASE NO. DIR (RV) The police officers who testified all said that the Pine Tree Motel is well managed, and that there have been no crimes on the motel property. Instead, the problems have all been near the motel. The officers testified that the Pine Tree Motel is one of the cleanest and best run businesses in the area. They said, however, that the problems of the neighborhood were beyond the ability of the motel to control. In order to find that a business is a public nuisance, the Department of City Planning is required to find that the business is doing something, or failing to do something, and that these actions or inactions are causing a problem for the neighborhood. In short, there must be proof that the business is causing the problems, not simply that problems exist in the same area as the business. In this case, there was no evidence suggesting that the Pine Tree Motel was causing problems for the neighborhood. On the contrary, there was a great deal of evidence that the problems of the neighborhood are damaging the motel. The City should not be punishing businesses, which are doing their best to run a clean, decent establishment in difficult areas. The Pine Tree Motel has done nothing wrong. No evidence supported the fmding that it is a public nuisance. DATED: February 3, 2012 Attorney for Nilkants, Inc. and Ankm Patel 3

8 linn K. WYATI...::JTY OF LOS ANGEL :_. DEPARTMENT OF CHIEF ZONING ADMINISTRATOR ASSOCIATE ZONING ADMINISTRATORS R. NICOlAS BROWN SUE CHANG LOURDES GREEN FERNANDO TOVAR MAYA E. ZAITZEVSI<Y January 20, 2012 CALIFORNIA ANTONIO R. VILLARAIGOSA MAYOR CITY PlANNING MICHAEL). LOG RAN DE DIRECTOR OFFICE OF ZONING ADMINISTRATION 200 N. SPRING STREtT, 7'" FlOOR Los ANcms, CA (213) FAX: (213) Chief Zoning Administrator (A) Office of Zoning Administration 200 North Spring Street, #763 Los Angeles, CA Nilkants, Inc. (0) 6411 Vista Pacifica Rancho Palos Verdes, CA Ankur Patel (Op) 3821 South Western Avenue Los Angeles, CA CASE NO. DIR (RV) IMPOSITION OF CONDITIONS 3821 South Western Avenue South Los Angeles Planning Area Zone C2-1VL D.M C.D. 8 CEQA ENV CE Legal Description: Fr. Lots 98 and 99 of Tract Barcley Brown 38th Place Pine Tree Motel 3821 South Western Avenue Los Angeles, CA Pursuant to Section of the Los Angeles Municipal Code, I hereby DETERMINE: as follows: that the operation of the business known as the Pine Tree Motel, located at 3821 South Western Avenue, is a public nuisance, and requires the modification of its operation to mitigate adverse impacts on persons and property inside the building and on surrounding properties, 1. The business operator and/or the property owner shall file a Plan Approval application with associated application fees as set forth in Section of the Municipal Code and public hearing notification mailing fees, between 9 months and 12 months from the effective date of this determination to allow for a review of the effectiveness in implementing the Conditions established herein and to determine whether the public nuisance problems identified in the "Findings" section below have been reduced or eliminated. A public hearing shall be conducted. Notice of the public hearing shall be to all property owners and occupants located within 500 feet of the property. In addition, all persons where were mailed a copy of the instant determination shall be notified. Failure to file the Plan Approval application may result in revocation of the use. AN EQUAL EMPLOYMENT OPPORTUNITY- AFFIRMATIVE ACTION EMPLOYER

9 CASE NO. DIR (RV) PAGE 2 The applicant shall provide appropriate documentation to substantiate ongoing compliance ofthe applicant with each of the conditions contained herein at the time of filing the Plan Approval Review application. 2. The use of the property 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 such Conditions are proven necessary for the protection of the neighborhood. The Zoning Administrator may also add, modify or delete Conditions if they are no longer necessary or have proven ineffectual. 3. A copy of these terms and Conditions shall be maintained in view of the desk clerk and/or manager. All required permits shall be maintained at the clerk's desk and shall be made available to all enforcement personnel upon request The conditions of the subject grant shall be provided to employees including security personnel for their review. The employees shall be notified that the violation with the required conditions herein may result in disciplinary action including up to termination of employment. Within 30 days from the effective date of this grant, a statement signed by the employees stating that they reviewed and agree to comply with the conditions shall be submitted to the Zoning Administrator. 4. The business operator shall ensure property maintenance of the interior and exterior of the property. The property, including the parking area and sidewalk areas adjacent to the subject motel/inn, shall be maintained on a daily basis free from trash and debris. The owner/operator shall keep the premises and any area adjacent to the premises, over which he[ she] has control clear of litter, newspaper racks, benches, furniture, boxes or objects that encourage loitering. 5. 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. 6. Should there be a change in the ownership of the property/the restaurant and/or the business operator, the property owner and the business owner/operator shall provide the prospective new property owner and the business owner/operator with a copy of the conditions of this action prior to the legal acquisition of the property and/or the business. Prior to the closing of the escrow for a potential change in the ownership of the property/business owner or operator, evidence showing that a copy of this determination including the conditions required herewith has been provided to the prospective owner/operator, shall be submitted to the satisfaction of the Zoning Administrator. 7. The business operator shall require, and a sign in plain view of the public in English and in Spanish shall so state, that prospective guests fill out registration cards containing the names, addresses, valid identification consisting of either a driver's license or California photo identification, and vehicle information, if applicable, of all

10 CASE NO. DIR (RV) PAGE3 occupants of a guest room [Ref. Motel Registers, Section LAMC]. Registration files shall be maintained for at least five years and shall be made available to any law enforcement officer upon request. The business operator shall also require valid identification from all visitors, if permitted, who seek entry to any guest room and record the same information in a log or other such system. 8. The business operator shall post professionally prepared signs in English, at visible and conspicuous locations on the property, containing the following language in lettering of 2 inches or more: "NO DRUGS, NO DRUG DEALERS, NO LOITERING, NO WEAPONS. THE LOS ANGELES POLICE DEPARTMENT MAKES REGULAR AND FREQUENT PATROLS OF THESE PREMISES." 9. The property owner shall post and maintain signs at visible and conspicuous locations on all sides of the property stating: "THIS PROPERTY IS CLOSED TO THE PUBLIC-- NO ENTRY WITHOUT PERMISSION. LAMC Section " The language "THIS PROPERTY CLOSED TO THE PUBLIC -- NO ENTRY WITHOUT PERMISSION" on said signs shall be at least 2 inches high. 10. The property owner shall, within 10 days of the effective date of this determination, sign and deliver to the Los Angeles Police Department ("LAPD") Southwest Area Division a "Trespass Arrest Authorization" form, which authorizes the LAPD to arrest individuals unlawfully loitering on the property pursuant to LAMC Section A copy of the executed form shall also be provided to the Zoning Administrator within the same 10 days. 11. The business operator shall change all locks on any part of the property that is unoccupied for an extended period. The vacated parts of the property shall be locked and secured at all times when not legally occupied. 12. The property owner shall ensure proper maintenance of the motel, keeping all buildings, structures, plumbing, electrical and other property improvements in good repair at all times. 13. There shall be no public telephones, automated teller machines (ATM's) or vending machines on the property unless they are located inside the building. 14. The property owner shall install and maintain exterior lighting in the parking/courtyard or other areas in consultation with the Los Angeles Police Department [LAPD], Southwest Area Division to provide sufficient illumination so as to render objects or persons on the property and adjoining sidewalk clearly visible. All exterior lighting shall be shielded and directed onto the site to prevent the light source from illuminating adjacent properties.

11 CASE NO. DIR (RV) PAGE4 Within 30 days from the effective date of this determination, evidence of compliance with this condition shall be submitted to the Zoning Administrator. A letter or an e mail from the LAPD stating that the required exterior lighting has been installed to the satisfaction of the LAPD and in compliance with this condition will satisfy this condition. 15. A camera surveillance system shall be installed and maintained, which covers a parking lot area, the adjoining sidewalks and all common areas as well as high-risk areas in consultation with the Los Angeles Police Department. Video tapes shall be maintained for 30 days and shall be made available to the Police Department or other enforcement agency upon request. The surveillance monitors shall be located in an area where the monitors are regularly monitored by the motel staff and/or security personnel. Signs indicating the use of a 24-hour video surveillance system shall be posted at the motel entrance, parking lot area and on the exterior walls facing the adjoining streets. The signs shall state the following: WARNING THIS MOTEL IS UNDER 24-HOUR SURVEILLANCE BY THE MANAGEMENT AND ALL CRIMINAL ACTIVITIES WILL BE DIRECTLY REPORTED TO THE LAPD. The sign(s) shall be at least two square feet with 2-inch block lettering. The sign(s) shall be in English and Spanish. Within 30 days from the effective date of this determination, the business owner/operator or property owner shall submit evidence that shows compliance with this condition including, but not be limited to, photographs of such a posting and a letter from the LAPD, which states that the required surveillance cameras and signs have been installed/posted to the satisfaction of the LAPD. 16. The business operator shall maintain a log of all calls made to the Police Department for police service, including date, time and purpose of such calls. 17. The business operator shall retain a 24-hour State-licensed security patrol service, which shall routinely patrol the premises on a daily and nightly basis in effort to prevent loitering, noise, public disturbance and any criminal activity from occurring on the property. a. The property owner shall provide a copy of a valid contract for such service to the Zoning Administrator within 30 days of the effective date of this action. b. Members of the security patrol shall request the assistance of the Los Angeles Police Department if, based upon their training, the situation so warrants. The security patrol shall cooperate with all law enforcement personnel during any investigations or inspections on the property.

12 CASE NO. DIR (RV) PAGE5 c. A copy of a valid emergency contact phone number for the security patrol service shall be maintained in the manager's office and presented upon request to any law enforcement officer. d. A California State licensed uniformed security guard shall conduct periodic roving patrols at least three times daily, seven days a week. The guard shall be fluent in English and will have clear instructions to enforce applicable conditions and uphold the law. The guard will not follow, impede, obstruct or delay any law enforcement personnel conducting inspections or official business at the location. The guard shall be responsible for securing not only the motel but the adjacent parking lot and perimeter. e. A patrol log shall be maintained by the guard at the property, indicating the dates and times of security checks and shall be produced when requested by any law enforcement personnel. 18. The business operator shall evict all occupants engaging in narcotics, prostitution, gang-related activity or other illegal activities. The business operator shall not rent to prospective occupants previously arrested for narcotics, prostitution or other illegal activities when notified of such arrests by a police officer or the City Attorney or when such arrests become otherwise personally known to the business operator. Upon their eviction, such occupants shall not be permitted to return to the property. 19. Neither the business operator nor any manager shall allow access onto the property by persons known to them to be prostitutes, pimps, prostitution customers, parolees with prior narcotic or prostitution offenses, narcotics users, narcotics possessors, narcotics sellers or manufacturers of illegal controlled substances. 20. The business operator and managers shall inform the Police Department immediately if any person on the property is engaging in narcotics activity, or if narcotics paraphernalia is observed on the property. All trespassers and loiterers on the property shall be immediately reported to the Police Department. 21. The business operator and managers shall not take any action that would impede, interfere, hinder or otherwise obstruct any investigation undertaken by any law enforcement agency that relates to the subject property. 22. The business operator shall establish uniform motel registration procedures, including the following: a. All persons renting a room shall produce a valid driver's license or other valid photo identification. b. The motel register shall include the identification card number and expiration date. The operator shall photocopy such I D and attach it to the room number he/she is visiting. A photocopy of each identification card shall be retained.

13 CASE NO. DIR (RV) PAGE6 c. The business operator shall maintain motel registration procedures and ensure that all employees are properly trained. The business operator and all managers shall cooperate with the Police Department when, upon reasonable request, are asked to produce registration records. Pursuant to Municipal Code Section 41.49, the register shall include the name and address of each guest and the name address of each member of that party; and if the guest or party arrives by motor vehicle, the register shall specify the make, type and license number of the vehicle and the year of registration. Guests shall list all reported vehicles. All unknown or undocumented vehicles shall be removed from the property. d. The following signs in letters at least 2 inches in height shall be posted at the check-in/registration counter stating: "ROOMS ONLY AVAILABLE FOR FULL POSTED DAILY, WEEKLY AND MONTHLY RATES" and "LAMC SECTION REQUIRES ALL GUESTS TO PRODUCE VALID IDENTIFICATION AND LICENSE PLATE INFORMATION FOR ALL VEHICLES." 23. Guests shall be required to pay the full posted daily, weekly or monthly rental rate. Weekday, weekend, weekly and monthly rates shall be posted at the check' in/registration counter and in each guest room. The customary full daily, weekly or monthly rate shall be collected for each and every rental. 24. No individual may rent more than one room at a time or on behalf of another person. 25. No room may be rented to a juvenile or to persons under the age of The business operator shall post in each guest room a copy of the motel rules, which specify, at a minimum: a. No firearms are permitted on the property. b. Any of the following activities is grounds for immediate termination of room rental and eviction: 1) Occupant commits any violation of the law regarding the possession, use, storage, or sale of narcotics on or adjacent to the property. 2) Occupant negligently allows or permits his or her fellow occupant to commit any violation of the law regarding the possession, use, storage or sale of narcotics on or adjacent to the property. 3) Occupant allows lewd conduct or prostitution to occur in the room, within the property or adjacent to the property.

14 CASE NO. DIR (RV) PAGE 7 4) Occupant uses or permits the room to be used for any illegal purpose. 27. The business operator shall maintain locks and keys for each guest room. All keys shall be stamped "Do Not Duplicate". The manager shall have duplicate keys available at all times for emergency and law enforcement personnel. A key deposit system shall be utilized to prevent keys from being circulated or duplicated. 28. The property owner shall comply in a timely manner with all Orders to Comply or similar enforcement actions of the Department of Building and Safety, the Housing Department, the Fire Department, the County Department of Health or any other public agency. 29. Condoms shall not be sold or otherwise offered unless the business operator is required to do so by law. The sale and/or rental of pornographic videos, tapes, DVD discs, compact discs or other media is prohibited. This Condition does not preclude satellite or cable television channels. 30. The property owner and/or the business operator shall identify a contact person and provide a 24-hour "hot line" telephone number for any inquiries or complaints from the community regarding the subject facility. Prior to the utilization of this grant, the phone number shall be posted on the site so that is readily visible to any interested party. The hot line shall be: posted at the entry, and the check-in counter, responded to within 24 hours of any complaints/inquiries received on this hot line, and documented in a log and available for review by the Los Angeles Police Department and the Zoning Administrator upon request on when the calls were received, returned and the action taken at a minimum. 31. The property owner and/or the business owner/operator shall reimburse the City of Los Angeles applicable fees and surcharges for the subject application, as set forth at Los Angeles Municipal Code Section 19.01, within 60 days ofthe effective date of this determination. 32. Within 30 days of the effective date of this determination, the property owner shall record a covenant acknowledging and agreeing to comply with all the terms and conditions established herein in the County Recorder's Office. The agreement (standard master covenant and agreement form CP-6770) shall run with the land and shall be binding on any subsequent owners, heirs or assigns. The agreement with the conditions attached must be submitted to the Zoning Administrator for approval before being recorded. After recordation, a certified copy bearing the Recorder's number and date shall be provided to the Zoning Administrator for attachment to the subject case file.

15 CASE NO. DIR (RV) PAGE 8 TRANSFERABIUTY 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 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 M of the Municipal Code) APPEAL PERIOD- EFFECTIVE DATE The Zoning Administrator's determination in this matter will become effective after FEBRUARY 6, 2012, 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 Public offices are located at: Figueroa Plaza 201 North Figueroa Street, 4th Floor Los Angeles, CA (213) Marvin Braude San Fernando Valley Constituent Service Center 6262 Van Nuys Boulevard, Room 251 Van Nuys, CA (818) If you seek judicial review of any decision of the City pursuant to California Code of Civil Procedure Section , 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 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

16 CASE NO. DIR (RV) PAGE9 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 November 10, 2011, all of which are by reference made a part hereof, as well as knowledge of the property and the surrounding district, I find that there is cause for imposition of corrective Conditions based upon the provisions of Section of the Municipal Code which has been established by the following facts: NUISANCE ABATEMENT AUTHORITY - SECTION OF THE LOS ANGELES MUNICIPAL CODE On May 25, 1989, Ordinance No. 164,749 became effective, establishing procedures for the modification, discontinuance or removal of a use, building or structure that constitutes a public nuisance or endangers the public health or safety or violates any provision of City, State or Federal statutes or ordinance. That ordinance became Section A, 15 of the Los Angeles Municipal Code. On October 27, 1997, Ordinance No. 171,740 became effective, amending the language in the earlier ordinance. Prior to an action by the Zoning Administrator requiring that a use be discontinued, it must be found that prior governmental efforts to eliminate the problems associated with the use have failed and the owner or lessee has failed to demonstrate to the satisfaction of the Zoning Administrator a willingness and ability to eliminate the problems associated with the use. BACKGROUND The subject property consists of two-level, rectangular-shaped, corner, record lots, of approximately 0.25 acres, having a frontage of 90 feet on the west side of Western Avenue and a depth of 120 feet. The site is developed with a two-story motel with 17 rental units, three storage rooms and one manager's office and associated parking. Access to the site is via driveway frorn Western Avenue. There are community allegations and Los Angeles Police Department police call and arrest report documentation of: possession and sales of narcotics, battery, vandalism, robbery, drinking in public, loitering, and receiving known stolen property. There are written allegations and problem documented forms from residents of public drinking, drug abuse, prostitution, urinating in public, gambling, lewd conduct, trash, noise, graffiti, threats to persons passing by and trash on neighboring properties. These activities 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. In addition, the Community

17 CASE NO. DIR (RV) PAGE10 Coalition has obtained a signed petition of 119 residents who state the Pine Tree Motel along with other businesses in close proximity help fuel crime and nuisance activities in the area. The activities occurring in and around the premises have generated numerous police responses thereby straining the resources of the Police Department The properties to the north of the site are zoned C2-1 VL and developed with one-story commercial buildings occupied by a furniture store and the Dan Mar MoteL The properties to the south of the site are zoned C2-1VL and developed with a two-story commercial building converted to 37 low-income apartments. The properties to the east of Western Avenue are zoned C2-1VL and developed with one- and two-story commercial buildings occupied by a pawn shop, bakery, Belizean restaurant, a storefront church, parking, and LA County Public Health offices. The properties to the west ofthe site are zoned R2-1 and developed with one- and two-story apartments and single-family dwellings. Previous Cases on Surrounding Properties include: Case No. DIR (RV)(PA1) - On November 4, 2010, the Zoning Administrator determined that the operation of the Dan Mar Motor Inn located at 3811 South Western Avenue, had operated in substantial compliance with the terms and conditions set forth in the last determination. The Zoning Administrator retained, added and/or modified the existing conditions. Case No. DIR (RV)- On February 6, 2008, the Zoning Administrator found that the operation of the business known as the Dan Mar Motor Inn, located at 3811 South Western Avenue, to be a public nuisance, and required the modification of its operation to mitigate adverse impacts on persons and property inside the building and on surrounding properties. The Zoning Administrator imposed corrective conditions. The South Los Angeles Plan Map designates the property for Neighborhood Commercial land uses with corresponding zones of C1, C1.5, C2, C4, RAS3, and RAS4 and Height District No. 1 L. The property is within the area of the South Los Angeles Alcoholic Beverage Specific Plan (Ordinance 162,218). The request is not affected. The property is within the area of the Auto Related/Junk Yard/Open Storage Interim Control Ordinance (Ordinance 176,589). The request is not affected. Western Avenue, to the east is a Major Highway with a variable width of 100 to 80 feet and fully improved. 38th Place is a Local Street within a 60-foot dedication and improved with curb, gutter, and sidewalk. The following was received from the community: e Correspondence was received from residents detailing nuisance activities associated with the Pine Tree MoteL Submitted are generic problem "documentation" forms from the Community Coalition. Additionally, signed petitions from the surrounding community members, 119 signatures, and neighbors regarding

18 CASE NO. DIR (RV) PAGE11 prostitution, public drinking, and drug use allegedly from the Pine Tree, Dan Mar Motel, and W&W Recycling.. e Letters from residents of 1116 West 37th Street, and 1811 West 39th Street stating that there are so much trash, cigarette butts, crime, nuisance activities on and around the subject location such as public alcoholism, drug abuse, and prostitution. The residents are constantly in fear of such crime and illegal activities and don't feel safe to walk around the subject premises. Crime information received from the Los Angeles Police Department is as follows: Calls for Service Report for the period of January 2008 to January 2011 list a total of 36 patrol calls. The LAPD submitted the following crime/arrests reports: (Period between January 2008 and January 2011 ). SUMMARY OF ARREST REPORTS: /09/10 08/12/10 08/12/10 09/14/10 Preliminary investigation of battery. Suspect approached victim struck victim multiple times with a closed fist and fled in an unknown direction to unknown location in an unidentified vehicle. (On-site; 5:45p.m.) Arrests for LAMC, Failure to Keep Proper Registration and (a) LAMC, Failure to Post required City Permits. LAPD inspection by S.W. Area Vice conducting motel checks in the area revealed incorrect information on registration cards and non-posting of permits. (On-site; 11:50 a.m.) Arrests for 1136HS, Possession of Drug Paraphernalia. LAPD inspection by S.W. Area Vice conducting motel checks in the area Motel employee on parole, during questioning admits on parole, and stated there were "crack pipes in room where employee was staying. (On-site, 11:45 a.m.) Arrest for 3056PC, Parole Violation. LAPD Bike Ofcr.'s approach a female. During questioning female admits she is on parole for narcotics. Suspect states she is staying in room 8 of the Pine Tree Motel. During search Ofcr.'s recover 25 cylindrical glass pipes used to smoke rock cocaine. (On-site 4:30p.m.) 09/22/10 Arrests for 11350(A)HS, Felony Warrant. warrant for cocaine possession. (8: 15 p.m.) Arrest for outstanding

19 CASE NO. DIR Y3(RV) PAGE12 12/07/10 Arrest for 11350(A)HS, Possession of Rock Cocaine. LAPD Ofcr.'s pull into parking lot following an auto for a vehicle violation. Ofcr.'s conducted a traffic stop to investigate. As Ofcr.'s approached, deft. looked over his shoulder in Ofcr.'s direction and tossed an object. Deft. was arrested for possession of a controlled substance. (On-site, 7:15p.m.) /05/09 02/19/09 01/09/09 Arrests for 211 PC, Robbery. Suspect demanded extra money for an act of prostitution. Victim refused causing suspect to become angry. Suspect slapped victim one time then removed property from victim's person. (12:30 a.m.) Arrest for 11350(A)HS, Felony Warrant. Arrest for outstanding warrant for cocaine possession in Room 3 at 3821 S. Western Ave. (On-site; 7:30 p.m.) Preliminary investigation of Vandalism. Suspect attempted to gain entry into victim's room by vandalizing window. (On-site, 3:05a.m.) /04/08 10/30/10 09/26/08 09/26/08 Preliminary investigation of Battery. Suspect and victim were involved in a verbal dispute which then escalated when suspect struck victim numerous times with his fist. (On-site, 3:50a.m.) Arrest for 11350(A)HS, Possession of Controlled Substance, (rock cocaine). Ofcr.'s follow a female into the Pine Tree Motel. During questioning Ofcr.'s observed she was under the influence and noticed a white substance, resembling rock cocaine, in her hand. (On-site, 4:35p.m.) Multi-Arrests (2), 11350(A)HS, Possession of Controlled Substance, and 11532(A)HS, Loitering for the Purpose of Narcotics Sales. Narcotics transaction occurred in the parking lot of the Pine Tree Motel. (On-site, 8:20p.m.) Arrest for 11350(A)HS, Possession of Rock Cocaine. Undercover officer in an effort to rid the Pine Tree Motel of narcotics problem make an arrest in the driveway of the motel. (On-site; 7:45p.m.) PUBLIC HEARING The public hearing was held on November 10, 2011 in Room 1020, Los Angeles City Hall. The purpose of the hearing was to obtain oral and written testimony from anyone having knowledge about the activities on or about the motel property. The Zoning Administrator presented an overview of the case, stated the hearing procedures to be followed and then

20 CASE NO. DIR (RV) PAGE13 read aloud portions of the Zoning Investigator's report for background purposes. The hearing was attended by the property owner/business owner/operator [Ankur Patel], the property owner's representative [Richard Gibson], a security guard [Joel Woolery], a resident manager, a tenant of the subject motel [Zarmeda Steward], a resident of 1618 Middleton Place [Cheryl Doty], and representatives of the Los Angeles Police Department, detective Support and Vice Division, Community Problems Unit [Michael Dickes and senior lead officer Olega, Sergeant Brant McGuire and other officers of the South Los Angeles Division]. The following testimony was taken: Ankur Patel and Richard Gibson: The subject motel is a family owned business and has been under the same property owner since it was built in There are five (5) surveillance cameras installed including one in an office. There is a 24-hour security guard and a manager who lives on the site. One security guard is on site from 8 p.m. to 7 a.m. with on-call security service during the day time. There is no drug dealing, or prostitution on the site. Signs were posted for no trespassing, no loitering, and no prostitution. All guests are asked for proper identification cards as required by the applicable laws. The nuisance activities off-site on the adjacent sidewalk areas are beyond the property owner's control. Security Guard [Joel Woolery]: He has been working for the subject motel as an armed guard for approximately five years. There used to be frequent and aggressive loiters on and around the subject location; however, currently, there are much fewer, if any, loiterers around the site. There are nuisance activities at the bus station, which is directly across the street from site and on and around a vacant lot adjacent to the bus stop such as prostitution and the selling drugs, etc. There were incidents associated with such activities at that location approximately six to eight months ago. The security personnel and the property owners couldn't do much to mitigate loitering activities when they are in the public right-of-way. A resident at the motel [Zarmeda Fuller Steward]: She grew up in the neighborhood, and has been a tenant at the motel for the last two to three months. The subject motel is well kept and safe. Her grandchildren visit her at the motel and she hasn't experienced any confrontation or nuisance activities at the site. A resident manager [Virgina Patel]: She has been a manager on site for five to six years and her resident unit is connected to a motel office. There are 20 units on site and approximately 50 to 60 percent of the units are occupied. The LAPD reports dated August 12, 2010 indicating that the motel failed to maintain proper registration are incorrect. Proper

21 CASE NO. DIR (RV) PAGE14 identification fs required for the guests and no visitors are permitted to stay in the motel. A resident of 1618 Middleton Place: She has been living in the area for 10 years and her fiance has been a resident in the area since They've never seen a security guard on-site. There have been piles of trash and abandoned furniture in front of the subject motel for over a week or weeks. The subject site is not well maintained and it has over-grown grass. Such conditions are not getting better. The Los Angeles Police Department [Officer Michael Dickes, Senior Lead Officer Olega, Sergeant Brant McGuire]: There are several motels and transitional housing along Western Avenue corridor as well as Cocaine Anonymous at 3803 Western Avenue. the southwest corner of Western Avenue and 38th Place. Prostitutes use a bus stop to cover up their intentions to lure customers. There were 36 calls for service from the site for the last two years. Trash seems to be outside the subject premises at all times. No signs are posted on site except for a small sign at the motel check-in window. The LAPD compliments a physical condition of the motel including the construction of a fence adjacent to Del Mar motel, which is owned by the same property owner of the subject property. At the time when the LAPD conducted their undercover investigation in 2010, no business permit was displayed on site. Since the LAPD issued a violation of the registration requirements for the motel guests in August 2010, no other violations associated with the operation of the motel were issued. The business owner/operator is cooperative and a resident manager seems to be diligent in making efforts to mitigate the alleged nuisance activities. Even though the overall appearance is better than other motels, the LAPD recommends imposition of the operating conditions in order to ensure that the operation of the subject motel will not result in nuisance activities and detrimental impacts to the surrounding properties. DISCUSSION: The crime reports from the LAPD, the Planning Department staff investigation reports, letters from residents in the area as well as oral testimony at the public hearing, all generally summarized above, lead the Director of Planning/Zoning Administrator to conclude that the property has long been a source of nuisance and criminal activity involving a high number of incidents and police responses as a result of violations of several municipal and State laws. The facts of the case support a clear and convincing nexus between nuisance behavior on the subject property and the lack of control exercised by the landlord and business operator over the property during the course of several years. The subject motel has been under the ownership of the current property and the business owner/operator since The residents and the representatives of the Los Angeles Police Department, Southwest Division testified that nuisance activities on and around the subject location continue; resolution of the problems was not aggressively pursued by the

22 CASE NO. DIR (RV) PAGE15 property/business owners or business operators. Due to the extent of criminal and nuisance activities at the property in recent years, the site has been a location of frequent police response for service and the target of routine patrols and occasional undercover operations. It is an objective of the administrative nuisance abatement provisions not to seek closure of an offending land use but rather its rehabilitation. Should corrective conditions prove ineffective, the Municipal Code authorizes the discontinuance of that use. In order to establish and maintain order and to prevent criminal activities as well as to mitigate public nuisance activities on or nearby the subject site, the Zoning Administrator has established operating conditions that will mitigate the nuisance activities if the conditions are observed by the business owner/operators and property owner. In the following section, the rationale for each Condition is set forth. 1. The business operator and/or the property owner shall file a Plan Approval application with associated application fees as setforth in Section of the Municipal Code and public hearing notification mailing fees, between 9 months and 12 months from the effective date of this determination to allow for a review of the effectiveness in implementing the Conditions established herein and to determine whether the public nuisance problems identified in the "Findings" section below have been reduced or eliminated. A public hearing shall be conducted. Notice of the public hearing shall be to all property owners and occupants located within 500 feet of the property. In addition, all persons where were mailed a copy of the instant determination shall be notified. Failure to file the Plan Approval application may result in revocation of the use. The applicant shall provide appropriate documentation to substantiate ongoing compliance of the applicant with each of the conditions contained herein at the time of filing the Plan Approval Review application. The purpose of the review is to determine in an open, public setting whether or not the Conditions have been followed and whether the nuisance problems have been fully mitigated. The review will depend upon factual information such as arrest reports, detentions, investigations, photographs, videos, the issuance or suspension of licenses or permits, the timeliness of actions taken by the property owner and business operator, and other indices upon which an informed and reasonable judgment can be made. The notice of the review hearing will be mailed by the property owner to the same persons who were notified by the City of the original hearing. Review at a later period may result in a revocation of the use on the subject property, if there is failure to comply and if the nuisance activities on the site continue to impact the surrounding properties. 2. The use of the property 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 such Conditions