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SR-012208-12As ~~~ ~;tYOf Information Item Santa Monica / r,' ~ Dater January 16, 2008 To: Mayor and City Council From: Eileen Fogarty, Director of Planning and. Community Development Subject: Code Violations at Izzy's Deli - 1433 Wilshire Blvd. Introduction This Information Item responds to a written communication sent to the Council and included as Item 12-A on the January 22, .2008 Council agenda regarding code violations at Izzy's Deli; 1433 Wilshire Blvd. In summary: • There are no Code provisions to allow for limitations on operating hours for Izzy's Deli or the adjacent parking lot; • The Police Department has already instituted periodic checks in the area to increase police presence; and • Code Compliance staff will work with the Police Department to monitor the situation. Background The building at 1433 Wilshire Blvd. was built in 1925 without off-street parking which was not required at that time. Located on the north side of Wilshire Blvd., Izzy's Deli shares the % block between 14th Court alley and 15th Street with 2 other buildings - Tehran Market at 1419 Wilshire Blvd. and an Ortho Mattress store at 1423 Wilshire 1 Blvd. The building was used as a real estate office for many years and also retail sales. In 1973 the building was converted to restaurant use for Izzy's Deli. No discretionary permit, such as a Conditional Use Permit, or additional parking was required for the conversion in accordance with the zoning regulations in effect at that time. Although Izzy's Deli offers beer and wine sales, the City did not establish the Conditional Use Permit requirement for alcohol sales until 1984, 11 years after Izzy's Deli commenced operation. Discussion The written communication to the Council forwards a complaint that focuses on noise related problems that occur in the parking lot to the rear of Izzy's Deli during the late night and early evening hours. To alleviate the problem, the complainant suggests that the deli be required to cease operations between 12:00 a.m. and 8:00 a.m. or close the rear parking lot between the same hours, except for emergency services. Hours of Operation There are no City conditions of approval or other limitations on operating hours or alcohol sales at Izzy's Deli since it began operations before any discretionary approvals were required. There are no Municipal Code provisions to impose conditions on the existing deli operation. Beer and wine sales are regulated by the California. Department of Alcoholic Beverage Control (ABC} which has. issued a Type 41 .alcohol license. According to the ABC 2 website, there is no disciplinary history or current disciplinary action related to the beer and wine sales at Izzy's. Likewise, there are no provisions in the City's Municipal Code to impose conditions on the existing beer and wine sales. Hours of Parking Lot Operation The parking lot to the rear of Izzy's is on a separate parcel that is owned by the owner of the building at 1419 Wilshire Blvd. The parcel is zoned R2 with an A -Off-Street parking overlay which permits the use of the site for parking to support the commercial uses fronting Wilshire Blvd. It is apparently jointly used by the tenants of the three buildings, but there are no records to indicate that the parking lot is required parking for any of the buildings. There are no provisions in the City's Municipal Code to impose operating hours for the existing parking lot. Moreover, placing restrictions on the parking lot operating hours is problematic since the lot is not owned by the owners of Izzy's Deli and is shared by other tenants who would be impacted by the restrictions. Finally, more late night and early morning patrons of Izzy's with vehicles would. park on Wilshire Blvd. and adjacent residential side streets if the parking lot were closed. Noise Ordinance Enforcement The complainant contends that multiple complaints have been filed with the Police Department relative to excessive late night/early morning noise and intoxicated persons 3 in the rear parking lot. An examination of police calls for service from January 2004, through August 20, 2007, revealed eighty-eight (88) calls for service, of which twenty- one (21) were noise specific complaint or disturbance calls, that required police action in the parking lot located to the rear of Izzy's Deli. Further research by the Police Department showed that four other businesses share the same. parking lot. When all businesses that share the parking lot were included in the query, the number of calls for service increased to 112. The Police Department has instituted periodic checks to increase police presence. Next Steps No noise complaints have been submitted to the City's Code Compliance office, and the Planning and Community Development Department has only. recently been contacted regarding noise. Code Compliance staff will work with the Police Department to monitor the site for Noise Ordinance violations. Days or times of when the excess noise occurs should be identified so that monitoring could be effective. Additionally, the location has been flagged in the Computer Aided Dispatch (CAD) system so responding officers are aware of the history related to the parking lot and the frustration experienced by residents. 4 28-AuQ-07 09:52 Prom-t9T131091T6940 P REMIER AR TIS T S P1i8LISHirvG 8 PRO DU[TION MA NAOEM ENT 12-~ n - ~~N ~~ ~~ 288 SOUTH BEVERLY DRIVE - BUITE 1a1 6EVE RiY ryRts, CA 80212 P: 310.281.6015-F; 310.27 G, T588 E: PETERm)PREMIERARTI S78.CO,UK COPY Robert F. ShrWer The City of Santa Monica City CouncN 1685 Main Street Suite 209 Santa Monica, Ca 90401 Andrea Antosova Crowe v. Israel Freeman - Izzy's Deli Inc. August 22, 2007 Dear Mr. Shriver: i am writing on behalf of our clients, Mrs. Andrea Antosova Crowe and her husband, to draw your attention, along with that of the entire City of Santa Monica government, to a chronic practice and pattern of conduct that has caused my clients irreparable harm. Mrs. Crowe is a Fulbright Scholar and an award-winning school teacher to Santa Monica. Her husband owns a successful pubUshing company, and is currently disabled, receWing Life-sustaining dialysis treatments for kidney failure from a birth defect. He is awaiting an organ transplant from Cedars-Sinai Medical Center. Sleep disorders can be fatal to patients w"Rh renal disease, It is therefore critical to Mr. Crowe's health that he be able to sleep at night. Mrs, Crowe and her husband maintain residential property on IS"t Street, just north of Wilshire Boulevard and immediately adjacent to a private parking lot north of and adjacent to Izzy's Deli Restaurant. Izzy's Deli is owned by one Israel Freeman and operates 24 hours a day. Beginning in April, 2005, our clients have documented over 200 separate noise disturbances and other commercial violations by Izzy's restaurant. Each of these codes violation were either condoned or ordered by Mr. Freeman. Each of the Santa Monica codes violations documented by our client have occurred between 12:OD A.M. and 8:00 A.M., usuatly at approximatery 3:OD and 4:00 A.M. The violations include the use of commercial generators and other extremely loud industrial machinery, repeated and illegal commercial deifveries and the extremely loud and occasionally violent behavior of patrons after leaving the establishment. The Santa Monica police have responded to dozens of complaints made as a result of these flagrant codes violations. A recent example of the type of codes violations that our clients have been subjected to occurred at 4:00 R.M. on August 2].~`, at which time Mr. Freeman had ordered the use of extremely loud commercial generators to run wntinuousiy. our client photographed the commercial equipment trucks hired by Mr. Freeman that created the notse disturbance and made an audio tape recording of the extreme noise levels created by the industrial equipment. The violation was also witnessed by officer Michael SaBce of the Santa Monica Police Department, who may have made a detahed report. The area of 15t4 Street north of Wilshire in Santa Monica is general-y a very quiet residential community. The rights of these citizens are being chronically and intentionally violated by Mr. Freeman, who has publicly stated that he consftlers himself the unofficial "mayor" of Santa Monica, This fact that is germane to our claim and Indicative that Mr. Freeman considers himself above the 13W 8ntl not tEquired to GgRtply with the civil and criminal cotles Imposed Dy Santa Monica City govemment. 'T~,N zZ..ZoD8 28-Aua-OT 08:53 from-~67131091768d0 .' _ - ___. -'~ y _ ~'-' -' -"' T-637 P.004/004 f-871 Robert F. Shrlver The Clry of Santa Monica city Council Pa9a 2 It is our intent to initiate civil litigation to recover damages from Mr. Freeman for pain and suffering his conduct has inflicted upon our client artd to protect those in the community from continuing to suffer further damages from the chronic and intentionally ircesponsible conduct of this commercial business owner, We also intend to seek the full support of the news media. Mr. Crowe's rights are prot®ct®d under Federal law under Che American with ptsabilities Act. Because oP the critical nature of his medics! condition and the severe Ievei of his disability, Mr, Crowe has been hospitalized. We intend to prove that Mr. Crowe`s health and medical condition have been sign~cantty rnmpromised as a result of the chronic noise disturbances he and his wife have endured as the result of the many code's violations and irresponsible conduct of Mr. Freeman and his commerciai estabitshment, No amount of civil iiggatian can repair the damage caused by Mr. Freeman`s conduct. We believe that the City Santa Monica has an gear obligation ko protect the rights of each of the city's citizens to me peaceful enjoyment of their residential property, Nn one should be expected to live Irt a war-zone environment, which is how Ms. Crowe has described their once quit neighborhood. We also believe that Mr. Freeman will be responsive to any form of censure of warning. We therefore respectfuly request that a measure requiring a vote be put before the Santa Monica Ciry Caunsei that w111 require that, as a result of a pattern of chronic and flagrant code's violations, Iazy's Deli Restaurant will be required to close during the hours of 12:00 A. M. and 8:00 A.M. Alternatively, we respectfully request that a measure requiring a vote be put before the Santa Monica City Counsel that will require that Mr. Freeman required to be chain the parking lot north and adjacent to Izzy`s Deti Restaurant and that the parking lot not be used for any purpose other than fire and other emergencies belroveen the hours of 12:00 A. M. and 5:00 A.M. We respectfully await your response, Very truly yours, Peter Roger Partnar cc: Andrea Antosava Crowe 28-Aua-07 08:52 From-t6T13109176640 -~- -- _ --` T-837 P.002Po04 F-8T1 PREMIER ARTISTS PU6LI5 FLING S PRQDa CTtON MANAGEMENT tae SOUTH BEV ER 4Y DRIVE - SUt7E 1A/ SEVEnLY H7LLS, Cq 80212 P: 970.287.6615-f; 870.27A,7688 E: PETER~PREMIERARTISTS.CO. LLK Mr. Gordon Anderson Assistant City Manager The City of Santa Monica 1685 Main Street Suite 209 Santa Monica, Ca 90401 Andrea AnfioSOVa Crowe v, Israel Freeman - izzy's Deli Inc. August 22, 2007 pear Mr. Anderson, I am Following-up your conversation yesterday my partner in our firm, Geoff Sloan. I am also working on behalf of our firm's clients, Mrs. Antlrea Antosova Crowe and her husband wha are Santa Monica residents. It is our intent to draw your attention to a chranlc practice and pattern of conduct that has caused our clients irreparable harm, and to solicit the active efforts of the Santa Monica City Council to adopt of measure that will stop these flagrant codes violations. Please see enclosed our letker of August 22, 2007 to Robert F. Shriven. which explains our clients' claims in greater detail, RespectfuilY, Peter Ruger Partner cc: Andrea AnYosOVa Crowe NOV ~ 3 2007 IZZY'S DELI 1433 WILSHIRE BOULEVARD SANTA MONICA, CA 90403 310-433-3354 November 13, 2007 Mr. Adam Radinsky Santa Monica City Hall City Attorney's Office 1685 Main Street Santa Monica, CA 90401 Dear Mr. Radinsky: I am writing to you as the owner of IZZY'S DELI, a Santa Monica restaurant that has been in business at 15`h and Wilshire for the past 34 yeazs. Since 1973, we have received many awazds from the City of Santa Monica and the Mayor's office for outstanding business practices. We operate 24 hours a day, 7 days a week. The hows, ow excellent food and service have established IZZY' S as an institution in Santa Monica. Our customers include members of the Santa Monica and Los Angeles Police Departments, the Santa Monica Fire Deparhnent, DWP Emergency Services, and staff and visitors from UCLA Hospital. In 2005, Nathan Crowe moved into a residential property on I5`h Street, just north of Wilshire, adjacent to a private parking lot. As a new neighbor, we continually accommodated his requests. Although an adult, he repeatedly ordered food from the Children's Menu, at the discounted prices, and demanded that he be served immediately. We complied with both. Despite our accommodations, Mr. Crowe has been hazassing the employees of IZZY' S DELI, our customers, our delivery companies, and the sanitation employees of the City of Santa Monica. Prior to his arrival in Santa Monica, no complaints were ever made. Mr. Crowe harasses and screams at people who park in the parking meters on 15th Street. He accused IZZY'S DELI of receiving deliveries at 3:OOAM, which were actually for the Tehran Market that shares the parking lot. All deliveries made to IZZY'S aze between 8:OOAM and 4:OOPM, to do our part to reduce traffic and congestion in our city. His complaints have escalated since the opening of THE PARLOUR on Wilshire Boulevard east of 15~' Street. Their customers park on the street and in neazby parking lots. As a result, to help alleviate the noise, public loitering and drinking I have hired a valet for the lot behind IZZY'S, which has been positive for the entire community. Inasmuch as all attempts to appease Mr. Crowe have failed, and his harassment is continuing, IZZY'S DELI is now filing a harassment complaint against Nathan Crowe. Sincerely, 3vu~ sxeunart Izzy Freeman CC: City Council, City of Santa Monica NOV 1 ~ 2007