AGENDA REPORT
Meeting Date: July 19, 2022
Item Number:
To: Honorable Mayor & City Council
From: Timothea Tway, AICP, City Planner
Subject:
HEARING DATE FOR AN APPEAL OF THE PLANNING
COMMISSION'S MAY 26, 2022 DECISION AMENDING A
DEVELOPMENT PLAN REVIEW REGULATING ROOFTOP USES AT
9800 WILSHIRE BOULEVARD AND 121 SPALDING DRIVE (SPRING
PLACE)
Attachments: 1. Appeal Petition
2. Planning Commission Resolution No. 1985
RECOMMENDATION
It is recommended that the City Council schedule an appeal hearing of the Planning Commission’s decision on May 26, 2022 to adopt a resolution (Planning Commission Resolution No. 1985, Attachment 2) amending a previously approved Development Plan Review (DPR) that regulates the rooftop uses for Spring Place, a private membership club and co-working office located at 9800 Wilshire Boulevard and 121 Spalding Drive. It is recommended that the appeal hearing be set for the second City Council meeting in November. The applicant team has indicated that they will not be available for the hearing until November, however, if the City Council wishes to set an earlier date to resolve this matter, staff can be prepared to bring this item to the Council as soon as September.
INTRODUCTION
After receiving multiple complaints regarding adverse impacts caused by Spring Place’s operations, the Planning Commission reviewed their compliance with the conditions of approval outlined in Resolution No. 1927 during their meetings on May 12, 2022 and May 26, 2022. At the hearing on May 26, 2022, the Commission adopted a resolution with amended conditions of approval designed to mitigate the impacts identified (including noise, disruption to residential properties, and vehicular congestion) that have resulted from Spring Place holding frequent events that are considered violations of the existing conditions of approval and the Beverly Hills Municipal Code.
F1
Meeting Date: July 19, 2022
On June 8, 2022, Mark Egerman, a representative of the applicant, filed a timely appeal of the Commission’s decision. It should be noted that the filing of an appeal stays the Commission’s decision, meaning that Spring Place is currently subject to Planning Commission Resolution No. 1927 until the appeal is processed.
DISCUSSION
Pursuant to Beverly Hills Municipal Code (BHMC) §1-4-105, the procedure for appeals of Planning Commission decisions to the City Council is a two-step process. The matter is first placed on the Council agenda for review of the evidence presented in the appeal petition. If the evidence and information presented in the appeal is the same as was presented to the Planning Commission, the Council can then set a public hearing to consider the appeal. However, if the appeal petition contains new information, the Council may order that the Commission rehear the matter.
Planning Division staff and the City Attorney’s Office have reviewed the appeal petition and do not believe that new information beyond that already considered by the Planning Commission is presented therein. Therefore, staff recommends that the Council formally schedule this matter for a formal public hearing on the second meeting in November to consider the appeal. Notice of the hearing will be provided pursuant to the Municipal Code requirements, and to staff’s list of interested parties for this project.
FISCAL IMPACT
There is no anticipated fiscal impact related to the review of this appeal, given that the required appeal fee has been paid by the applicant, and this discussion will only set the hearing date for the appeal.
Ryan Gohlich, AICP
Director of Community Development
Approved By
Attachment 1
Appeal Petition
Attachment 2
Planning Commission Resolution No.
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF BEVERLY HILLS CONDITIONALLY APPROVING
AN AMENDMENT TO A DEVELOPMENT PLAN REVIEW
FOR ROOFTOP USES AND STRUCTURES FOR THE
PROPERTIES LOCATED AT 9800 WILSHIRE BOULEVARD
AND 121 SPALDING DRIVE (PL2200044)
The Planning Commission of the City of Beverly Hills hereby finds, resolves, and determines as follows:
Section 1. On May 24, 2018, Spring Place received an approval for an amendment to a
located at 9800 Wilshire Boulevard and 121 . The Project Site contains two buildings connected by an existing bridge structure. The approval permitted food and beverage service on the rooftops of both buildings on the Project Site, and allowed up to three guests (per club member) to utilize the rooftop facilities during the proposed hours of operation from 8:00 AM to 10:00 PM, Monday to Friday, and 9:00 AM to 10:00 PM, Saturday to Sunday, in conjunction with a proposed co-working office use. The co-working office use currently operates as a private club, with membership providing access to the shared amenities and office space. The existing rooftop is currently improved with unenclosed architectural features (shade canopies), restroom facilities, moveable tables and chairs, radiant heaters, a counter and sink structure, and rooftop useable deck area.
Section 2. On June 13, 2019, the Planning Commission considered a request for a Zone Text Amendment and Development Plan Review Amendment to permit rooftop music 2 uses and up to 10 guests per member to utilize the rooftop facilities. At this hearing, neighbors from the adjacent residential area expressed concerns regarding the impacts being caused by the operations of Spring Place, including impacts related to noise, parking, and the frequency of events in the evening hours. As a result, the Commission directed staff to prepare a resolution for the denial of the requested entitlements, and to return at a future study session with an informational report on the operations of Spring Place. On October 24, 2019, the Commission reviewed the operations of Spring Place, and discussed the operational plan prepared by Spring Place to mitigate Spring Place took, and directed staff to return within approximately one year to review Spring stated valet operations. At the November 12, 2020 meeting, the Planning Commission modified Condition Nos. 10 and 13 of the approved Development Plan Review to require free valet parking services for employees and members of Spring Place, and guests arriving after 6:00 PM, and to require that members file a business tax registration with the Finance Department (if applicable to their business). The resolution adopted at the November 12, 2020 meeting was Planning Commission Resolution No. 1927.
Section 3. At its January 13, 2022 meeting, the Planning Commission requested that staff return with a report on the recent operations of Spring Place as a result of receiving complaints from members of the public related to adverse impacts on the surrounding neighborhood. On April 28, 2022, a review of Spring Place was added to the agenda, and continued to the May 12, 2022 hearing due to time constraints. At the May 12, 2022 hearing, the Planning Commission received a report detailing the recent operations of Spring Place, including several actions that constituted violations of the conditions of approval of the DPR resolution controlling 3 the use of the rooftop facilities at that time. These violations were related to the use of the facilities for events that were not exclusively for the co-working members of the club, and/or the rental of the facilities for events hosted by third parties or individuals who were not members of the coworking office use. The Planning Commission also received testimony from Spring Place and their representatives and members of the public. The comments from members of the public detailed the adverse impacts that neighbors residing in close proximity to the Project Site have been traffic,
parking, noise, and disturbances to the peaceful enjoyment of residential properties. At the conclusion of their deliberations, the Commission directed staff to return at the May 26, 2022 meeting with an amended resolution reflecting their findings and the requested changes to the conditions of approval that regulate the use of the rooftop facilities at the Project Site.
Section 4. The Project has been environmentally reviewed pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.), and CEQA Guidelines Section 15301 (Class 1), which is applicable to projects involving the operation, repair, maintenance, leasing, or minor alteration of existing public or private structures, or facilities, involving negligible or no expansion of existing or former use. The Project involves minor operational changes within an existing private facility. Therefore, the Planning Commission hereby finds the Project exempt from further review under the provisions of CEQA. 4 Section 4. Notice of the Project and the public hearing was mailed on April 8, 2022 to all property owners and residential occupants within a 500-foot radius plus block face of the property; an on-site notice was posted on the Project Site on April 8, 2022. A newspaper notice was also published in two newspapers of local circulation, the Beverly Hills Courier and the Beverly Hills Weekly, on April 8, 2022, and April 14, 2022, respectively. On May 12, 2022, and May 26, 2022, the Planning Commission considered the application at a duly noticed public meeting. Evidence, both written and oral, was presented at said meetings.
Section 5. In considering the request for an amendment to a Development Plan Review, the Planning Commission considered whether it could make the following findings in support of the Project:
1. The proposed plan is consistent with the general plan and any specific plans adopted for the area;
2. The proposed plan will not adversely affect existing and anticipated development in the vicinity and will promote harmonious development of the area;
3. The nature, configuration, location, density, height, and manner of operation of any commercial development proposed by the plan will not significantly and adversely interfere with the use and enjoyment of residential properties in the vicinity of the subject property;
4. The proposed plan will not create any significantly adverse traffic impacts, traffic safety hazards, pedestrian-vehicle conflicts, or pedestrian safety hazards; and
5 5. The proposed plan will not be detrimental to the public health, safety, or general welfare.
Section 6. Based on the foregoing, the Planning Commission hereby finds and determines as follows with respect to the Development Plan Review:
1. The Project will allow the continued operation of rooftop uses in conjunction with a co-working office use that complies with all applicable goals and policies set forth in the general plan. The Project will promote continued economic vitality and will support desirable uses that generate additional jobs and revenue in the area. The Project Site is not located within a specific plan area;
2. The Project will modify the conditions of operation for the rooftop uses on the Project Site, which currently operate as an ancillary component of the co-working office use. The proposed modifications will contribute to the harmonious development of the area by memorializing stricter limits for the use of the rooftop, with respect to the maximum number of people, types of activities, and hours of use, which will help ensure greater compatibility with adjacent residential uses. In addition, the revised conditions require that the operations of Spring Place are reviewed again at a future Planning Commission hearing, approximately nine months from the date of this resolution, in order to ensure ongoing compliance with the conditions of approval and mitigation of any adverse impacts identified. With the modified and additional conditions herein, the proposed plan will not adversely affect existing and anticipated development in the vicinity;
6 3. The Project Site is located within the Commercial-Residential Transition Area, with the nearest residentially zoned properties located approximately 100 feet from the Project Site. Spring Place complies with the applicable Commercial-Residential Transition requirements for operations, development, landscaping, and hours of operation.
The Project Site contains rooftop uses associated with a co-working office that are consistent with the applicable zoning and general plan designations. Spring Place will continue to operate in compliance with City standards designed to mitigate the impacts of commercial uses in proximity to residential uses, and the conditions of approval. Such conditions have been modified to restrict the rooftop operations to further mitigate identified impacts to surrounding uses, and as a result, the Project is not anticipated to significantly and adversely interfere with the use and enjoyment of residential properties in the vicinity of the subject property;
4. The Project will not materially alter the current use of the existing lunchroom rooftop facilities as an amenity for members and their guests of the co-working office use, and will add restrictions to ensure that this area only functions as an ancillary component of such commercial office use. The existing rooftop amenities supplement the existing commercial office uses, and the Project will limit the use of the rooftops (with respect to the number of people, hours of use, and types of activities) to prevent adverse noise and operational impacts to the surrounding residential area and uses. Because the Project will only be permitted to operate in a more limited capacity, and will not intensify the use or alter the physical development pattern of the Project Site, the Project will not result in any significantly adverse traffic or safety hazards; 7 5. The Project consists of the operation of ancillary rooftop amenities that support a high quality co-working office use. The co-working office use and ancillary rooftop facilities will operate in compliance with all Municipal Code standards related to the public health, safety, and general welfare. In addition, the Project has been conditioned to restrict the use of the rooftop facilities in order to mitigate and/or eliminate adverse impacts to members of the public and surrounding residential areas. As conditioned under the modifications herein, the proposed uses and physical improvements associated with the Project will not adversely affect the public health, safety, and general welfare.
Section 7. Based on the foregoing, the Planning Commission hereby grants the requested Development Plan Review amendment. The following conditions set forth in this resolution incorporate all applicable conditions previously imposed on the rooftop areas of the Project Site pursuant to Planning Commission Resolution Nos. 1683, 1846, and 1927, and delete or modify conditions that are no longer applicable. Therefore, this resolution and the conditions set forth herein shall supersede Planning Commission Resolution Nos. 1683, 1846, and 1927. The Project is subject to the following conditions:
1. Unless otherwise approved herein, all conditions of approval set forth in Planning Commission Resolution No. 1647, and City Council Resolution No. 12-R-12890 shall remain in full force and effect. If the conditions in this resolution conflict with any of the conditions in Resolution Nos. 1647 or 12-R12890, then the more restrictive condition shall apply. 8 2. With the exception of maintenance activities, rooftop access shall be prohibited within 30 feet of the south property line of the building located at 121 Spalding Drive. Landscaping shall be permitted within this area.
3. The outdoor rooftop areas shall be restricted to use only by a maximum of thirty (30) people, including members and guests of members, at any time and only between the hours of 9:00 AM to 6:00 PM. Spring Place co-working office members may each bring up to three guests of each member to an outdoor rooftop area at any one time. The outdoor rooftop areas may not be accessed by members, guests or staff thereafter between the hours of 6:00 PM to 9:00 AM on the following day. No events or organized activities may take place on the rooftop. For the purpose of this resolution an event or organized activity shall mean any preplanned gathering of people for any purpose except for those activities consistent with a rooftop office lunchroom; for example, as a space for the enjoyment of the outdoors while working or during a break from work, or a space to meet and talk with co-workers or colleagues. In the event that the Director of Community Development determines that the use of the rooftop is resulting in unanticipated impacts, the Director shall have the authority to impose additional conditions on the use of the outdoor rooftop areas, and may, at his/her discretion, schedule a public hearing before the Planning Commission to assess the impacts and impose additional conditions. In the event that the Project is found to result in any unanticipated impacts and a hearing is scheduled to review the Project, the full cost of the review hearing and implementation of any additional conditions or mitigations measures shall be paid for by the Applicant.
9 4. Food and beverage service is prohibited on the rooftop of the Project Site. Notwithstanding the foregoing, members or guests of members utilizing the rooftop facilities may consume food or drink on the rooftop, but shall not be able to order food or drink on the rooftop from employees of Spring Place or any other food and beverage service provider, including third party companies.
5. The co-working offices and the ancillary rooftop uses shall operate at all times in compliance with requirements for Private Clubs enumerated in Title 4, Chapter 2, Article 2 of the Municipal Code. At no time shall ancillary uses be permitted within the co-working offices that are prohibited in the C-3 Zone pursuant to BHMC §10-3-1603, or permitted by a conditional use permit in the C-3 Zone pursuant to BHMC §10-3-1604. Any events or activities occurring within the coworking office premises must be an ancillary function of the co-working office use, and may only be accessible to co-working members and their guests. It shall be considered a violation of this condition to host any events unrelated to a commercial office use, or to allow a third-party to host an event within the facilities. Examples of events that are not related to a commercial office use include, but are not limited to: weddings, bar/bat mitzvahs, engagement parties, birthday parties, fundraisers, and other similar events.
6. Exterior lighting intended to illuminate the rooftop areas or structures shall be subject to Architectural Review. The Director of Community Development or his/her designee shall serve as the reviewing authority for any such exterior lighting request, and may, at his/her discretion, forward requests to the Architectural Commission for consideration. Exterior lighting currently provided 10 and affixed to the rooftop canopy structure shall be maintained, and shielded and oriented so that it does not illuminate areas beyond the bounds of the Project Site or towards residential uses.
7. The Project shall operate at all times in compliance with the operational requirements for commercial-residential transition areas enumerated in Title 10, Chapter 3, Article 19.5 of the Municipal Code.
8. The Project shall operate at all times in compliance with requirements for Noise Regulation enumerated in Title 5, Chapter 1 of the Municipal Code.
9. Any entertainment, live entertainment, live musical accompaniment to dining, or prerecorded music shall operate at all times in compliance with the requirements for Entertainment Outside the Business Triangle enumerated in Title 10, Chapter 3, Article 27 of the Municipal Code. No speakers or other amplified sound transmission equipment are permitted on the rooftop.
10. The Applicant shall maintain 134 parking spaces on site at all times, and shall provide free valet parking services for members and employees of Spring Place, Monday to Friday, during the hours of operation. In addition, free valet parking services shall be provided for guests of Spring Place members, Monday to Friday, from 6:00 PM to the close of the facilities.
11. All landscaping shall be maintained in good condition and in conformance with the Title 10, Chapter 3, Article 30 of the Municipal Code at all times.
11 12. The Planning Commission reserves jurisdiction relative to traffic, parking, loading, and noise issues and the right to impose additional conditions as necessary to mitigate any other unanticipated impacts caused by the proposed Project as they arise. In the event that the Project is found to result in any unanticipated impacts and a hearing is scheduled to review the Project, the full cost of the review hearing and implementation of any additional conditions or mitigations measures shall be paid for by the Applicant.
13. Each member of Spring Place shall comply with the Business Tax Registration requirements set forth in Title 3, Chapter 1, Article 2 of the Municipal Code, if applicable. Spring Place shall inform all of its members of this requirement upon becoming a member of the co-working offices.
14. The conditions set forth in this resolution are intended to prevent adverse impacts to the surrounding neighborhood and ensure that operations are consistent with an office-type use. Therefore no special event permit issued pursuant to BHMC §4-8-3 shall be granted for the purpose of circumventing any of the conditions set forth herein.
15. The Planning Commission shall review the operations of Spring Place at the Project Site in approximately twelve months from the date of adoption of this resolution. The full cost of such review hearing and implementation of any additional conditions or mitigations measures shall be paid for by the Applicant.
16. EXPIRATION. Development Plan Review: The exercise of rights granted in such approval shall be commenced within three (3) years after the adoption of such resolution.
12 17. APPEAL. Decisions of the Planning Commission may be appealed to the City Council within fourteen (14) days of the Planning Commission action by filing a written appeal with the City Clerk. Appeal forms are available in the City (10) days of the Planning Commission Action. An appeal fee is required.
18. RECORDATION. This Resolution approving the Development Plan Review shall become effective immediately. The owner of the Project site shall record a covenant or other similar instrument, satisfactory in form and content to the City Attorney, accepting the conditions of approval set forth in this resolution. The covenant shall include a copy of the resolution as an exhibit. The Applicant shall deliver the executed covenant to the Department of Community Development within 180 days of the Planning Commission decision. At the time that the Applicant delivers the covenant to the City, the Applicant shall also provide the City with all fees necessary to record the document with the County Recorder. If the Applicant fails to deliver the executed covenant within the required 180 days, this resolution approving the Project shall be null and void and of no further effect.
Notwithstanding the foregoing, the Director of Community Development may, upon a written request by the Applicant, submitted prior to the expiration of the 180-day period, grant a written extension of the 180-day time limit for a period of no more than 180 days if, at the time of the request, the Director determines that there have been no substantial changes to any federal, state, or local law that would affect the Project. Regardless of the timelines set forth in this condition, in no event shall a building permit be issued prior to the recordation of the covenant. 13 19. VIOLATION OF CONDITIONS: A violation of any of these conditions of approval may result in a termination of the entitlements granted herein.
20. This approval is for those plans submitted to the Planning Commission on May 24, 2018, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval.
21. Minor amendments to the plans shall be subject to approval by the Director of Community Development. A significant change to the approved Project shall be subject to Planning Commission Review. Construction shall be in conformance with the plans approved herein or as modified by the Planning Commission or Director of Community Development.
22. Project Plans are subject to compliance with all applicable zoning regulations, except as may be expressly modified herein. Project plans shall be subject to a complete Code Compliance review when building plans are submitted for plan check. Compliance with all applicable Municipal Code and General Plan Policies is required prior to the issuance of a building permit.
23. Prior to the issuance of a building permit, all applicable Park and Recreation Facilities Tax required by the Municipal Code shall be paid.
24. APPROVAL RUNS WITH LAND. These conditions shall run with the land and shall remain in full force for the duration of the life of the Project.
25. The Project shall operate at all times in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking, or other actions.
14 Section 8. The Secretary of the Planning Commission shall certify to the passage, approval, and adoption of this resolution, and shall cause this resolution and his/her Certification to be entered in the Book of Resolutions of the Planning Commission of the City.
Adopted:
Chair of the Planning Commission of
the City of Beverly Hills
Attest:
Timothea Tway, AICP
Secretary of the Planning Commission
Approved as to form: Approved as to content:
David M. Snow Timothea Tway, AICP
Assistant City Attorney City Planner
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF BEVERLY HILLS )
I, KAREN MYRON, Recording Secretary of the Planning Commission of the City of Beverly Hills, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. 1985 duly passed, approved and adopted by the Planning Commission of said City at a meeting of said Commission on May 26, 2022, and thereafter duly signed by the Secretary of the Planning Commission, as indicated; and that the Planning Commission of the City consists of five (5) members and said Resolution was passed by the following vote of said Commission, to wit:
AYES: Commissioners Ross, Ostroff, Acting Chair Demeter NOES: None
ABSTAIN: None
ABSENT: None
RECUSED: Vice Chair Hudnut, Chair Licht
________________________________
KAREN MYRON
Recording Secretary of the
Planning Commission
City of Beverly Hills, California