Beverly Hills City Council
September 20, 2022

AGENDA REPORT
Meeting Date: September 20, 2022
Item Number:

To: Honorable Mayor & City Council
From: Ryan Gohlich, AICP, Director of Community Development Subject: GENERAL PLAN AMENDMENT, SPECIFIC PLAN, ZONE TEXT AND

MAP AMENDMENTS, MASTER PLAN OF STREETS AMENDMENT,

ENCROACHMENT AGREEMENT, DEVELOPMENT AGREEMENT

AND FINAL ENVIRONMENTAL IMPACT REPORT FOR A NEW
SPECIFIC PLAN PROJECT. APPEAL OF PLANNING COMMISSION

CONDITIONAL APPROVAL OF A VESTING TENTATIVE PARCEL
MAP FOR THE PROJECT. THE PROJECT IS A NEW MULTIPLE USE

BUILDING CONTAINING A LUXURY HOTEL WITH RESTAURANTS

AND ANCILLARY SERVICES, A PRIVATE CLUB, AND STREET
LEVEL RETAIL USES WITH NORTH RODEO DRIVE FRONTAGE.
(CHEVAL BLANC BEVERLY HILLS SPECIFIC PLAN PROJECT) – 456 AND 468 NORTH RODEO DRIVE; 449, 451 AND 453 NORTH
BEVERLY DRIVE; AND 461 THROUGH 465 NORTH BEVERLY
DRIVE.

Attachments: 1. Draft Specific Plan, dated 9.12.22

2. Conceptual Project Plans with renderings, dated 9.9.22

3. PC Resolution No. 1988 (FEIR recommendation) w/ findings and Mitigation Monitoring and Reporting Program (MMRP)_

4. PC Resolution No. 1989 (GPA/MPSA/ZTA/ZMA
recommendation)

5. PC Resolution No. 1990 (Specific Plan recommendation) w/ Project Conditions

6. PC Resolution No. 1991 (VTPM conditional PC approval)

7. PC Staff Reports (without attachments)

8. GK Law Appeal Petition, dated 6.23.22

9. City Attorney letter to GK Law, dated 7.7.22

10. Public Comment since 3.2022 (see FEIR for earlier comments)

11. Motor Court Study, dated 10.19.20

12. LAZ Parking Valet Parking Management Plan, dated 9.7.22

13. LVMH Club/Restaurant Operations/Usage Memo, dated 4.21.22 E-1
Meeting Date: September 20, 2022
Cheval Blanc Beverly Hills Specific Plan

14. LVMH Retail Parking Memo, dated 5.6.2022

15. Fehr & Peers Site Access Alternative Study, dated 5.16.22

16. Hirsch Green Alley Study, dated 1.18.22

17. Reverse Alley Travel turn sweep diagrams, dated 2.23.22

18. Existing Streets Master Plan Sheet 53

19. Kimley-Horn Parking Demand Analysis, dated 5.6.2022

20. Kimley-Horn In Lieu Parking Memo, dated 5.18.22

21. Matt Construction Site Logistics Plan, dated 3.9.20

22. Iteris Microsimulation Traffic Studies, dated 5.9.22 and 5.18.22

23. Public Notices for City Council hearings

24. FEIR (under separate cover and available at
www.beverlyhills.org/environmental)

25. FEIR Appendix N: FEIR Responses to comments in GK Law appeal petition (under separate cover and available at
www.beverlyhills.org/environmental)

RECOMMENDATION
Staff recommends that the City Council review the Cheval Blanc Beverly Hills Specific Plan Project (“Project”) materials including the submitted appeal petition, consider the analysis in the report, conduct a public hearing, receive public comment, and provide direction to Staff and the Applicant, including direction on preparing materials for the scheduled October 11, 2022 Project hearing.

BACKGROUND
In March 2020, the City received an application for several entitlements that would allow the construction of the Cheval Blanc Beverly Hills Specific Plan Project, a building containing a luxury hotel with public and private dining and ancillary uses, a private club, and street level retail uses facing Rodeo Drive. The application was submitted in March 2020 at which time City staff review of the Project began. The Planning Commission’s review of the Project began in October 2021 and continued until June 2022. The Planning Commission held six hearings to consider the Project at which extensive public comment was received:
 October 28, 2021 Review of Draft Environmental Impact Report (DEIR)  February 10, 2022
 February 24, 2022
 March 24, 2022 continuance request only
 May 26, 2022
 June 13, 2022
On June 13, 2022, the Planning Commission voted 5-0 to adopt resolutions recommending the City Council certify the Final Environmental Impact Report (FEIR) and approve the proposed General Plan Amendments, Master Plan of Streets, Alleys and Highways Amendments, Zone Text and Zone Map Amendments, and conditionally approve the proposed Specific Plan and encroachment permits. The Planning Commission also conditionally approved a Vesting Tentative Parcel Map (VTPM) for the Project, contingent on the City Council’s approval of the rest of the required entitlements. Discussion of the Commission’s deliberations and the modifications incorporated into the Project to address the Commission’s comments is included in the analysis section of this report.

Meeting Date: September 20, 2022
Cheval Blanc Beverly Hills Specific Plan

On June 23, 2022, the City received an appeal petition from GK Law (Attachment 8), on behalf of their client, Unite Here Local 11, challenging the four resolutions adopted by the Commission on June 13, 2022. Their appeal specifically states the appeal challenges both the recommendations and the conditional approval of the VTPM for the Project. On July 7, 2022 the City Attorney’s Office provided a written response to GK Law (Attachment 9) stating the Planning Commission’s contingent action on the Vesting Tentative Parcel Map is appealable to City Council, however the Commission’s recommendations are not final actions subject to appeal. The appeal discussion included later in this report discusses GK Law’s stated grounds for appeal. The City has prepared detailed responses to the comments included in the appeal petition (Attachment 25) for the Council’s review and these responses are incorporated into the FEIR as Appendix N. At its July 19, 2022 meeting, the Council concurred with the Applicant that the regular Subdivision Map Act timeline to hear the subdivision appeal is waived to allow the Council to hear the VTPM appeal concurrently with its consideration of the overall Project.

Project Location
Figure 1: Project Location
The 1.277-acre Project Site is located within the northern portion of the Beverly Hills Business Triangle is surrounded primarily by a mix of retail and restaurant uses. Directly north, across South Santa Monica Boulevard, are smaller retail and restaurant storefronts. Further north, on North Santa Monica Boulevard, are City operated parking structures and Beverly Gardens Park.

Single-family residential properties are located north of Beverly Gardens Park, starting approximately 525’ from the Project Site. The Writers and Artists Building (a locally registered historic property) is located on the northwest corner of North Rodeo Drive and South Santa Monica Boulevard. Various luxury retailers are located the west and south on Rodeo Drive. The 9-story, 110’ tall Bank of America Financial Center building and the City owned Beverly-Canon public parking structure are located directly east across North Beverly Drive. Various retailers and restaurants are located to the south on North Beverly Drive. An existing alley currently bisects the Project Site and provides rear access to commercial properties located on both Rodeo Drive and North Beverly Drive.

Meeting Date: September 20, 2022
Cheval Blanc Beverly Hills Specific Plan

PROJECT DESCRIPTION
The Applicant proposes construction of a single multiple-use building containing a luxury hotel, a private club, public and hotel/club restaurants, and appurtenant uses (operated as Cheval Blanc Beverly Hills); and street level retail spaces accessible from Rodeo Drive. Cheval Blanc is a division of the LVMH Group. A specific plan (Attachment 1) is proposed to establish development standards, including floor area, height, and use limitations, for the Project Site.

The draft specific plan provides for a maximum of 220,950 SF of building floor area and up to 115 hotel guest rooms. The Project’s conceptual plan is consistent with the specific plan’s proposed development standards (Attachment 2).

Figure 2: Project Rendering (View SE from S Santa Monica Blvd and Rodeo Drive) The conceptual plan, modified as a result of the Commission hearing process (PC changes are italicized below), is a 212,034 SF building with 109 hotel rooms and the following characteristics:
 Alley relocated to the southern portion of the site, accessible from North Beverly Drive.

During PC hearings the 20’ alley right-of-way widened at Beverly Drive entrance to 29’ and widened at 90° alley turn to 25’-37’. Numerous alley operation conditions were added by the Commission and are described in the alley section of this report.  South Santa Monica Boulevard: Widen the sidewalk fronting Project Site instead of widening the vehicle travel lanes as required by the existing Master Plan of Streets.  Rodeo Drive: 24,976 SF of street level accessible retail uses. Publicly accessible 20’ by 35’ pedestrian plaza at southeast corner of Rodeo Drive/South Santa Monica Boulevard.  Vehicle parking, delivery van loading spaces, building systems equipment areas, a central kitchen/employee facilities on three subterranean levels. Subterranean parking for hotel guests, restaurant and VIP retail customers, club members, and employees.

During the PC hearings the majority of retail parking was changed to in lieu spaces (33 spaces) and the number of on-site spaces reduced from 178 to 139 spaces.

Meeting Date: September 20, 2022
Cheval Blanc Beverly Hills Specific Plan

 Valet parking for hotel, spa, and public restaurant at S. Santa Monica Blvd. motor court.

Club valet parking on N. Beverly Dr. and club member direct access to underground parking allowed.
 Two on-site ground level truck loading bays are accessible from the relocated alley. Size of loading spaces adjusted and a requirement for a loading operations plan added during PC hearings.
 Ground floor public restaurant and 6th level hotel deck and restaurant w/public access. 2 nd and 7th floor dining/bar modified during PC hearings to club/hotel guests only.  Hotel rooms on 3
rd to 9th floors and range from 620 SF to 1,300 SF with 9’-6” ceiling height. 7,700 SF of penthouse floor area (one or two suite configurations).  Club: Ground floor lobby, 3rd floor club facilities (social/meeting and screening rooms), and use of hotel facilities. Maximum of 500 members and two guests per member. (PC added a membership phase in: 250/year one, +125/year two, +125/year three).  Spa facilities on 4th floor only.
 Health/wellness center: 8th level fitness equipment, services, outdoor terrace.

Table 1 summarizes the floor area totals for each of the Project’s uses. Project modifications during the Planning Commission’s review of the Project are italicized in the table. Detailed discussion of the floor area changes is included in the attached 5/26/2022 Planning Commission staff report (Attachment 7):

Table 1: Conceptual Plan Floor Area Summary
Conceptual Plan Specific Plan Maximum
Hotel: Guest Rooms 104,378 SF (109 rooms)* 115 rooms
Hotel: Lobby and Circulation 23,413 SF
Hotel: Wellness Center 4,924 SF
Hotel: Employee Facilities/ Office/BOH 19,290 SF
Spa 6,521 SF*
Club: Rooms and Circulation 8,198 SF
Hotel/Club Restaurant: Not Public* 7,952 SF*
SUBTOTAL: HOTEL, CLUB and
APPURTENANT USES Use Category
174,676 SF* 175,000 SF (Specific Plan allows up
to 5% adjustment:183,750 SF)*
SUBTOTAL: RETAIL USES Use Category 24,976 SF 25,000 SF (Specific Plan allows up to 5% adjustment: 26,250 SF)
SUBTOTAL: PUBLIC RESTAURANTS,
BARS, LOUNGES Use Category
12,382 SF* 12,400 SF (Specific Plan allows up
to 5% adjustment: 13,020 SF)*
TOTAL FLOOR AREA 212,034 SF 220,950 SF (Overall Maximum) Above Grade Floor Area Ratio (FAR) 3.75 3.91
Site FAR 4.03 4.2
* Change during PC hearings.

Specific Plan sets maximum size limit for three broad use categories: 1. HOTEL/CLUB, 2. RETAIL, 3. RESTAURANT/BAR and allows the floor area in each category to be adjusted up to 5% if overall floor area does not exceed 220,950 SF.

Table 2 below summarizes the specific plan development standards and the conceptual plan’s compliance with those standards. Changes made during the Commission’s review of the Project are italicized:

Meeting Date: September 20, 2022
Cheval Blanc Beverly Hills Specific Plan

Table 2: Specific Plan Standard / Conceptual Plan Compliance Conceptual Plan Specific Plan Standard
Building Height 4 stories/50’ on Rodeo Dr. with multiple step-backs to 9-stories/115’ on Beverly Dr.
4-stories/51’ on Rodeo Dr. with multiple step-backs
to 9-stories/115’ on Beverly Dr.

Parking 172 spaces (139 on site/33 retail in lieu)* Required parking table in Specific Plan (more than parking study peak of 151)*
On site Retail
VIP parking
15 Spaces* 15 Spaces*
Event Parking 218 available on site when aisle stacked* Meets parking study 218 peak* Hotel Motor
Court capacity
9 staging spaces, 2 allocated to
taxi/rideshare
9 staging spaces, 2 allocated to taxi/rideshare
N Beverly club
valet zone
TBD by City Engineer Review* Club members/guests required to use N Beverly Dr., delivery use during non-peak valet periods*
Truck Loading 2 spaces, 35’ by 12’ by 14’ ,#1 limited to SU-30, #2 allows SU-40 trucks*
2 spaces, 35’ by 12’ by 14’ ,#1 limited to SU-30, #2
allows SU-40 trucks*
Van Loading 2 spaces, 25’ by 10’ by 8’ 2 spaces, 25’ by 10’ by 8’ Bicycle Parking Short and long term areas identified, must provide 9 of each space type
Long-term bike parking: 5% of car spaces in
basement. Short-term bike parking: 5% of car
spaces on ground level.

Public Plaza Compliant area identified on plan Required, must have enhanced paving and artwork Green Building Plans refer to required features LEED Gold required, with specific features* *Change during PC review process.

ENVIRONMENTAL ASSESSMENT
The Project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City’s environmental regulations. An Initial Study was completed to preliminarily evaluate potential environmental effects of the Project and a Notice of Preparation was distributed on November 13, 2020 to provide public notice that an Environmental Impact Report (EIR) will be prepared.

There was a 30-day comment period (November 13, 2020 to December 14, 2020) and the City held a meeting on November 30, 2020 to take comments on the EIR scope. The Draft EIR (DEIR) was prepared and on October 28, 2021, the Planning Commission held a public hearing to review the contents of the DEIR as part of a 45-day public review period (September 17, 2021 through November 1, 2021) on the draft document.

The City completed a Final EIR (FEIR) for the Project and the report was distributed on February 3, 2022 as part of the materials prepared for the Planning Commission’s February 10, 2022 Project hearing. The FEIR includes responses to all written and oral comment received during the 45-day DEIR public review period (FEIR Section 10.0). In addition, after the February 10 and 24, 2022 Planning Commission hearings, Appendix L (Supplemental Responses) and Appendix M (Supplemental Analysis) were prepared for inclusion as part of the FEIR to respond to additional comments received at the February hearings and provide additional analysis of project modifications (changes to dining operation, retail parking, and reduction in day spa size) responsive to the Commission’s February comments on the Project. Appendix M.1 (Additional Supplemental Analysis) was prepared after the May 26, 2022 Planning Commission hearing to evaluate the additional Project changes of providing separate valet operations on North Beverly Drive for the club use and provide the option for club members to directly access the Project’s subterranean parking structure to self-park. Appendix N was prepared prior to the Council’s September 20, 2022 hearing and provides responses to GK Law’s appeal petition comments.

Meeting Date: September 20, 2022
Cheval Blanc Beverly Hills Specific Plan

The following environmental issue areas are studied in the FEIR:
 Air Quality
 Biological Resources (Bats)
 Cultural Resources
 Energy
 Geology/Soils (Paleontological)
 Greenhouse Gas Emissions
 Land Use & Planning
 Noise
 Transportation
 Tribal Cultural Resources
 Utilities/Service Systems (Energy)
Table ES-2 (Pages ES-20 to ES-43 of the FEIR Executive Summary) is a synopsis of the potential impacts evaluated, includes mitigation measures for Project’s potential environmental impacts, and identifies no residual impacts remain after mitigation. The FEIR concludes the Project will not result in any significant and unavoidable Project-level or cumulative environmental impacts. The Mitigation Measures are briefly summarized as follows:
 Biological Resources: BIO-MM-1, BIO-MM-2 and BIO-MM-3 require the protection of bats and birds during Project construction and include measures such as a preconstruction survey; limits on construction activities, timing, and locations during bat roosting and bird nesting seasons; and seasonal requirements on tree removal.  Cultural Resources: CUL-MM-1 and CUL-MM-2 require the retention of a qualified archeologist for monitoring, construction oversight, and reporting during construction.  Geology and Soils: GEO-MM-1 and GEO-MM-2 require the retention of a qualified paleontologist for monitoring, construction oversight, and reporting during construction.  Noise and Vibration: NOI-MM-1 requires pre-construction inspection of two adjacent buildings by a structural engineer and development and implementation of a vibration monitoring program during construction by an acoustical engineer.  Transportation: TRA-MM-1 requires a multi-point construction management plan, TRAMM-2 requires a construction worker parking plan and TRA-MM-3 requires the Applicant to coordinate with the City on temporary roadway closures and construction deliveries.  Tribal Cultural Resources: TCR-MM-1 through TCR-MM-5 requires pre-construction training regarding the protection of tribal cultural resources; Native American monitoring during initial ground disturbing activities; and sets requirements for the treatment of any discovered tribal cultural resources or human remains.

On June 13, 2022, the Commission voted 5-0 to adopt PC Resolution No. 1988 recommending the City Council certify the FEIR, adopt the required findings, and adopt a Mitigation Monitoring and Reporting Program (MMRP) for the Project.

PUBLIC OUTREACH AND NOTIFICATION
On August 26, 2022, public notice (Attachment 23) consistent with local and state requirements was distributed for the City Council’s September 20 and October 11, 2022 Project hearings. The notice was mailed to properties within a 1,000’ radius, mailed and emailed to registered interested parties. An additional mailed notice, correcting an error regarding Project parking supply, was mailed on September 1, 2022. The hearing notice was published in the Beverly Courier, Beverly Press and Beverly Hills Weekly newspapers and posted at five on-site locations. All required posted, mailed, emailed and newspaper published noticing was completed prior to the Project’s EIR scoping meeting, the release of the DEIR, and Planning Commission hearings for this Project.

Meeting Date: September 20, 2022
Cheval Blanc Beverly Hills Specific Plan

GENERAL PLAN POLICIES
The General Plan includes numerous goals and polices relevant to the review of the Project.

Full analysis and discussion of the Project’s consistency with the General Plan is provided in FEIR Section 4.7 (Land Use and Planning) and in the General Plan Consistency Analysis attached to the Planning Commission’s recommendation resolutions (Resolutions No. 1989 and 1990, Attachments 4 and 5). The following are a select number of particularly relevant General Plan polices for the Council’s consideration. Included in the list below are the Applicant’s requested text amendments to General Plan Land Use Element Policy LU 9.4: Anchor Location Design Criteria:
 Goal LU 2 Community Character and Quality. A built environment that is distinguished by its high level of site planning, architecture, landscape design, and sensitivity to its natural setting and history.
 LU 2.1 City Places: Neighborhoods, Districts and Corridors. Maintain and enhance the character, distribution, built form, scale, and aesthetic qualities of the City’s distinctive residential neighborhoods, business districts, corridors, and open spaces.  LU 2.4 Architectural and Site Design. Require that new construction and renovation of existing buildings and properties exhibit a high level of excellence in site planning, architectural design, building materials, use of sustainable design and construction practices, landscaping, and amenities that contribute to the City’s distinctive image and complement existing development.
 LU 9.1 Uses for Diverse Customers. Accommodate retail, office, entertainment, dining, hotel, and visitor-serving uses that support the needs of local residents, attract customers from the region, and provide a quality experience for national and international tourists.  LU 9.3 Anchor Locations. It is also recommended that certain anchor locations be set aside to permit development of a higher intensity type of development which is not otherwise provided in the community. These areas should be located so as to be accessible from the City’s major shopping areas and close to the City’s major streets.

These anchor locations should include those large parcels that are located at the gateways to the City, such as the site at 9850, 9876, 9900, and 9988 Wilshire Boulevard where additional building height is appropriate. A variety of land uses such as commercial, hotel, residential, and mixed use should be considered for the gateway locations. A change of use from commercial to residential, hotel or mixed use should be allowed only if such change provides an adequate transition to adjacent single family neighborhoods.
 LU 9.4 Anchor Location Design Criteria (Proposed modification underlined). The anchor location should encourage unified development oriented towards and along Wilshire Boulevard and at the intersection of North Rodeo Drive and South Santa Monica Boulevard planned to complement the scale and character of adjacent residential areas.

In addition, development of the anchor locations should incorporate measures to enhance streets, sidewalks, and roadways in order to encourage pedestrian circulation between these areas and the Business Triangle.
 LU 11.2 Site Planning and Architectural Design. Require that commercial and office properties and buildings are planned and designed to exhibit a high level of site and architectural design quality and excellence.
 LU 11.3 Retail Street Frontages. Require that development and street frontages in districts containing retail uses be designed and developed to promote pedestrian activity including (a) location and orientation of the building to the sidewalk; (b) transparency of and direct access to the ground floor elevation from the sidewalk; (c) articulation of streetfacing elevations to promote interest and sense of quality; (d) inclusion of uses and public Meeting Date: September 20, 2022
Cheval Blanc Beverly Hills Specific Plan

spaces that extend interior functions to the sidewalk such as cafes and plazas; and (e) use of pedestrian-oriented signage and lighting.
 LU 11.5 Retail Streetscapes. Maintain and, where deficient, improve street trees, plantings, furniture, signage, public art, and other amenities that promote pedestrian activity.
 LU 14.4 New Construction of Private Buildings. Require that new and substantially renovated buildings be designed and constructed in accordance with the City’s sustainability programs such as the City’s Green Building Ordinance or comparable criteria to reduce energy, water, and natural resource consumption, minimize construction wastes, use recycled materials, and avoid the use of toxics and hazardous materials.  LU 15.2 Priority Businesses. Retain and build upon the key business sectors contributing to the City’s identity, economy, and revenue for resident services, such as entertainment-related Class-A offices, high end retail and fashion, restaurant, hotel, technology, and supporting uses.
 LU 16.4 Public Places. Provide plazas, open spaces, and other outdoor improvements that are accessible to and used for public gatherings and activities, either through capital improvement or as a development requirement.
 CIR 4.1 Parking Provisions: Ensure that adequate parking is provided for existing and future uses while considering shared parking opportunities, Travel Demand Management (TDM) plans, and availability of alternate modes of travel, based on the site’s proximity to transit.
 CIR 7 Pedestrians. A safe and comfortable pedestrian environment that results in walking as a desirable travel choice, particularly for short trips, within the City.  CIR 8.5 Bikeway Amenities. Require that new development projects (e.g. employment centers, educational institutions, and commercial centers) provide bicycle racks, personal lockers, showers, and other bicycle support facilities.  CIR 11.2c. In commercial areas, however, there is the additional concern for alley relocation and/or closure, which may be desirable in conjunction with specific development proposals. As important as they are, the existence of the alleys should not preclude consideration of proposals which would alter them if satisfactory alternate services would be provided. In certain instances, development proposal which would utilize the alley may provide a type or quality of development or access which better serves the City’s objectives and as such, should be considered. Such development proposals might include alley closure which would permit unified development across an entire block or permit safer street access, or use the alley as part of a landscaped pedestrian plaza or mall, or relocation of an alley of a more functional arrangement of structures or possible consideration of the space above or below the alley for parking purposes.
 OS 8.5 Urban Parks. Encourage and allow opportunities for new development to provide small plazas, pocket parks, civic spaces, and other gathering places that are available to the public to help meet recreational demands.

ANALYSIS
The following analysis is provided for the Council’s consideration. These topics were reviewed by the Planning Commission in their development of City Council recommendations. Relevant information from the Commission hearing process is provided in the analysis:

Urban Context
The 1.277-acre Project Site is located in the City’s business triangle and is the most northern site on the east side the 400 block of Rodeo Drive. Neighboring retailers on this block include Meeting Date: September 20, 2022
Cheval Blanc Beverly Hills Specific Plan

Saint Laurent, Alexander McQueen, Brioni, Ralph Lauren, Giorgio Armani, Hermes, Vera Wang and Chanel. The Project Site spans one City block on South Santa Monica Boulevard with 325’ of frontage on that roadway. The Project also has a 150’ of street frontage on Rodeo Drive and 190’ on North Beverly Drive. Within the City’s business triangle there are no residential uses on Rodeo Drive. In 2020, when the City adopted the mixed use overlay zone ordinance that allows residential development at certain locations in the City’s commercial zone, the business triangle area was considered and specifically excluded from the allowable locations for mixed use residential development.

Currently the north end of Rodeo Drive does not have distinctive anchor development to denote entry into the City’s luxury retail area. The Project’s characteristics (large scale multiple use building including hotel, retail, and social club with a public plaza) appear consistent with General Plan Policy LU 9.3 that identifies anchor locations on major streets in proximity to the City’s major shopping areas be set aside for higher intensity development that could include commercial and hotel development. This is in contrast with the existing condition of Rodeo Drive at Wilshire Boulevard where the Beverly Wilshire Hotel and the Two Rodeo development are notable structures marking entry into the south end of the Rodeo Drive luxury retail area. In addition, the Project’s mix of uses appears consistent with General Plan Policy LU 9.1 Uses for Diverse Customers in that the Project includes retail, entertainment, dining and hotel uses that support the needs of local, residents, attracts customers from the region, and provides a quality experience for national and international tourists. The proposed mix of uses also appears consistent with General Plan Policy LU 15.2 Priority Businesses, which identifies a City goal of retaining and building on key business sectors that contribute to the City’s identity including high-end retail and fashion, restaurant and hotel uses.

PC Review: Urban Context. During the Commission hearings, public comments favorable to the Project included the Project’s positive fit on the north side of the business triangle, the revitalizing effect of the Project on both Rodeo Drive and Beverly Drive, and the Project’s potential to be a distinctive “crown-jewel” destination in the region. Comments critical of the Project expressed concerns that the Project would destroy the sense of village in the business triangle.

Proposed Building
The conceptual architectural plans and Project renderings (Attachment 2) are attached for the Council’s reference.

Building Exterior: Height. As evident in the above attachment, the proposed building ‘steps up’ in height from west to east across the site. The building is 51’ in height on Rodeo Drive, which is similar to the existing allowable building height on Rodeo Drive (C-3 zoning: 45’ with 15’ tall rooftop structure allowed [60’ total]). The Project then steps up to the hotel pool deck elevation at 66’. The penthouse suite deck level is at 104’ and the 115’ top of the penthouse roof is the building’s maximum allowable height. As is generally allowed in the City’s commercial zones there are allowances for building equipment, stairs, and elevator shafts to exceed the building’s maximum height. The 9-story, 110’ tall Bank of America Financial Center building is located on North Beverly Drive, directly across the street from the Project Site.

Building Exterior: View Study. A Scenic Views Study with six views of the proposed building from nearby locations on North and South Santa Monica Boulevard, Rodeo Drive and North Beverly Drive was prepared. From a CEQA perspective the Project is specifically excluded from aesthetic analysis as an urban infill, employment center project located in a transit priority area (PRC §21099(d)). For the Council’s information in its consideration of the Project entitlements, Meeting Date: September 20, 2022
Cheval Blanc Beverly Hills Specific Plan

the Scenic Views Study was included in the Initial Study (FEIR Appendix A Pages 21-36, Attachment 24) and concluded that the Project’s location is a fully developed and highly urbanized area and the Project would not have substantial adverse effects on publicly available scenic vistas, a state scenic highway, or conflict with General Plan policies regarding scenic quality.

Building Exterior: Shade Analysis. A Solar Shading Study was prepared comparing the shadows cast by existing buildings on the Project Site with the shadow of the proposed structure. From a CEQA perspective, the shadow effects of the Project are specifically excluded from aesthetic analysis (PRC §21099(d)). The Initial Study includes a Solar Shading Study (FEIR Appendix A Pages 38-42, Attachment 24) for the Council’s information in its consideration of the Project entitlements. In summary, no shadows cast by the Project will reach the nearest residential properties located north of the Project Site during any season. During the winter, shadow cast by the tallest portion of the building will reach Beverly Gardens Park in the morning hours. Project shadow will reach commercial buildings across South Santa Monica Boulevard in the morning hours throughout the year with the duration of shadow on these buildings longer in the winter than in the summer. Project shadow would reach commercial buildings located across North Beverly Drive in the afternoon hours all year and after 3PM in the spring, summer, and fall. There are small outdoor dining areas located on the north side of South Santa Monica Boulevard which could be considered shade sensitive uses. Considering that this is a busy urban street with limited vegetation and high sun exposure, the additional shade may not necessarily negatively impact these small dining areas.

PC Review: Building Exterior: During the Commission hearings favorable comments were received regarding the quality of the building’s design, the building’s appropriate height compared to the existing building to the east, and the expectation of high-quality construction based on Cheval Blanc’s other hotels. Multiple letters were also received critical of the height and density of the proposal.

Building Interior: Hotel. The majority of the proposed building’s floor area is devoted to uses associated with the hotel (guest rooms, lobbies, spa, ancillary wellness center, hotel dining/bar areas, and employee and hotel operations space). The primary access into the hotel is a double height lobby that faces the South Santa Monica Boulevard motor court. Hotel rooms are located on the third through ninth floors and the hotel’s appurtenant uses are located throughout the upper levels of the building. The hotel’s primary outdoor use area is located on the 6th floor.

Smaller outdoor use areas are located next to the bar on the 7th floor and the wellness center the 8th floor. The outdoor deck on the 9th floor is for use by penthouse guests and, under limited circumstances, for events. Outdoor use areas are required to be surrounded by glazed acoustical barriers at least 6’ in height (Project Design Feature NOI-PDF-4). The hotel’s common kitchen and back of house areas are located on basement level B1. Regarding the hotel, the specific plan allows the following:
 Up to 115 hotel guest rooms are allowed. Rooms can be rented jointly so the number of separate rentals or ‘keys’ could number less that the total number of rooms.  Amplified sound in outdoor areas is limited to 11 AM and 11 PM.  The penthouse may be used for events up to 6 times a year (75 person limit).

PC Review of Building Interior: Hotel. At the February project hearings, Commissioners expressed concerns with the number of vehicles using the Project’s motor court. The Meeting Date: September 20, 2022
Cheval Blanc Beverly Hills Specific Plan

Commission’s concerns are discussed in detail later in this report under the topic “Motor Court”.

Responsive to the Commission’s request to reduce the number of vehicles exiting the motor court, the Applicant returned to the May 26, 2022 hearing with Project revisions reallocating floor area in the hotel subcategory as follows:
 Re-allocate publicly accessible restaurant dining area on the 2nd floor (2,419 SF) and 7th floor (5,533 SF of indoor and 2,260 SF of outdoor) to appurtenant dining areas accessible to hotel guests, club members, and their respective guests only.  Eliminate the spa use from the 5th floor of the building. This removes 5,705 SF of spa floor area from the Project and leaves 6,521 SF of spa floor area on the 4th floor. The floor area on the 5th floor is reallocated to 5th floor hotel rooms with no increase in the number of hotel rooms.

PC Recommended Conditions: Recommended conditions are included in Resolution No. 1990 (Attachment 5). Regarding the hotel, the Commission recommends the following:
 Condition 9 allows the Director to obtain table reservation information to verify compliance with the general public access restriction to the 2nd and 7th floor dining areas.

The reallocation of dining space from public to hotel/club specific use reduces the number of non-hotel guest/non-club member vehicle trips to the Project Site.  Condition 8 requires all openings between the 6th and 7th floor indoor and outdoor dining areas be closed after 11 PM, other than for access. This condition is intended to discourage circumvention of the 11 PM restriction on outdoor sound amplification outdoors by using amplification devices located indoors.  Condition 10 requires all openings between the penthouse and adjacent pool deck remain closed after 11 PM, other than for access. The condition serves the same purpose as Condition 8 and is particularly relevant during the six events that are allowed in the penthouse.

Building Interior: Club. The private club is integrated into the hotel portion of the building, with a limited amount of floor area (approximately 8,200 SF) devoted to exclusive club use. Club specific floor area is located on the east side of the building at the ground level (club lobby) and on the 3rd floor (club specific social/meeting rooms and a screening room). Based on PC recommended changes to club vehicle operation, club members and their guests will enter the building through the club entry door on North Beverly Drive (adjacent to the club specific onstreet valet zone) or internally from the subterranean parking levels through the hotel lobby and into the club lobby. Club members have access to the spa, wellness center, publicly accessible dining areas, and the hotel guest/club member specific dining and bar facilities. The specific plan permits the club to operate as follows:
 A maximum of 500 individual memberships, no group or family memberships allowed.  Members are restricted to 2 guests at any one time.
 The 36 seat club screening room may be let to the public by reservation.  Up to 52 events per year with no more than 50 attendees (club members/their guests) and up to 6 events per year with no more than 150 attendees (club members/their guests and hotel guests) may be held within the club’s 3rd floor facilities as well as the 2 nd
, 6
th and 7th floor dining areas/bar.

PC Review of Building Interior: Club. At the February 10, 2022 hearing, the Commission had questions regarding the economics of operating the club use, the type of events that would be Meeting Date: September 20, 2022
Cheval Blanc Beverly Hills Specific Plan

held by the club, and the number of allowable club members. Responsive to these comments, the Applicant stated at the February 24, 2022 hearing that they would be willing to scale up the club membership numbers over a 3-year period, starting with 250 members the first year of operation, adding 125 members the second year, and another 125 members the third year to reach a total membership of 500. As discussed later under the “Motor Court” topic, the Commission’s concerns regarding the number of vehicles using the Project’s motor court lead to the recommendation that curb space on North Beverly Drive be used for club member valet operations and club members be provided the option to directly access the Project’s subterranean parking structure.

PC Recommended Conditions: The following club related conditions are recommended:
 Condition 11 requires the scaling up of club membership after the building opens from 250 to 500 members over a three year period.
 Condition 29 prohibits club members and their guests from using the hotel motor court and requires club valet operations to be located on North Beverly Drive near the club’s street level entrance.
 Condition 30 requires club members be provided an on-site self-park option.

Building: Retail. 24,976 SF of retail space in three two-level tenant spaces with direct access to Rodeo Drive is proposed in the conceptual plan. The street oriented retail spaces would be integrated into the existing Rodeo Drive environment. The orientation and access to the retail spaces appears consistent with General Plan Policy LU11.3 Retail Street Frontages that requires development and street frontages be designed to promote pedestrian activity, be transparent to the street, and include public spaces, such as plazas.

PC Review: Retail. At the May 26, 2022 hearing, responsive to the Commission’s concerns regarding the number of vehicles using the hotel motor court, the Applicant presented a modified approach to parking for the retail portion of the Project:
 Provide 15 on-site retail spaces for very important persons/customers (VIP/VIC) shopping by appointment. Require VIP/VIC customers to directly access the subterranean parking structure and not use the hotel motor court.  Provide the remainder of retail customer parking spaces off-site (33 spaces) through an in lieu parking program.
 Provide retail employee parking on site (direct access to underground parking)  Require that no retail customer access is allowed in the motor court.

The Commission reviewed the elimination of retail trips in the motor court by switching to in lieu parking, including review of the parking capacity available in nearby City parking structures, and found the proposed changes to the Project’s retail parking acceptable.

PC Recommended Conditions: In order to ensure that retail parking occurs as presented at the May 26, 2022 hearing, the Commission recommends the following:
 Condition 27 prohibiting retail customers from using valet services in the hotel motor court or using the motor court for ride-share/taxi pick-up or drop off. The condition also requires payment of the currently applicable fee amount for the in lieu spaces.  Condition 28 requires VIP-VIC customers be provided direct by appointment access to the subterranean parking structure and prohibits VIP-VIC customers from using the motor court for pick-up or drop-off.

Meeting Date: September 20, 2022
Cheval Blanc Beverly Hills Specific Plan

Building: Ground Floor Restaurant: The proposed ground floor restaurant wraps around the corner of South Santa Monica and North Beverly Drive and is required by the specific plan to be open to the public. Publicly accessible dining at this corner is intended to be pedestrian friendly Project feature. Restaurant access for customers arriving by vehicle would occur through the hotel lobby and via a street level entrance for pedestrians. At the May 26, 2022 hearing, the Applicant proposed elimination of public access to the second level of the restaurant, reducing the area accessible by the general public from 8,085 SF to 5,666 SF on the ground level only.

PC Review: Ground Floor Restaurant. The Commission found the change in operation to the second floor of the restaurant as an acceptable component in the Project revisions intended to reduce the number of vehicles using the hotel motor court.

Building: Hours of Operation. Allowable hours of operation are summarized as follows:

Table 3: Proposed Hours of Operation
Use Days/Time Allowable Hours of Operation
Hotel and Club Indoor Uses 24 hours everyday
Hotel and Club Outdoor Uses Sunday to Thursday: 6 AM to 12 AM1 Friday/Saturday: 6 AM to 2 AM1
Spa Sunday to Thursday: 7 AM to 10 PM
Friday/Saturday: 7 AM to 10 PM
Restaurants (publicly accessible) Sunday to Thursday: 6 AM to 12 AM1 Friday/Saturday: 6 AM to 2 AM1
Retail Sunday to Thursday: 7 AM to 10 PM
Friday/Saturday: 9 AM to 10 PM
1 Outdoor Amplified entertainment only permitted between 11 AM and 11 PM.

PC Review: Hours of Operation. There was discussion during Project deliberation regarding additional limitations on outdoor hours of operation, however the Commission concluded the hours in the table above were appropriate for the Project.

Building: Green Building. The Project is required to meet, at a minimum, the Leadership in Energy and Environmental Design (LEED) Green Building Rating of ‘Gold’. The originally submitted application proposed meeting a LEED Silver standard, however based on consideration of public comments submitted on the DEIR, the Applicant voluntarily resubmitted Project revisions to meet a LEED Gold standard. Features required by the specific plan include:
design that achieves energy savings over standard construction and in a manner that reduces the need for artificial light, building materials that reduce the use of CFCs and reduce offgassing, recycling during the construction process, and design for greywater and storm water capture. Project Design Feature PDF-1 in the FEIR’s MMRP (Exhibit B of Resolution No. 1988, Attachment 3) also lists water, energy, and construction features that will be incorporated to achieve a LEED Gold rating.

PC Review: Green Building. The Commission recommends a condition to ensure the Applicant incorporates adequate green building features into the Project to meet LEED Gold certification.

PC Recommended Condition: Condition 37 requires submittal of a green building plan during plan check that indicates which LEED checklist items are incorporated, and the City’s building official verify compliance with the green building plan prior to Certificate of Occupancy.

Meeting Date: September 20, 2022
Cheval Blanc Beverly Hills Specific Plan

Motor Court and Beverly Drive Club Valet
Figure 3: Proposed Motor Court
As depicted in Figure 3, the proposed motor court includes nine staging spaces, with two spaces reserved for taxi/rideshare use. The motor court is proposed to have one way operation with ingress on the west side and egress on the east side. Two lanes of vehicles may travel through the motor court without conflicting with the vehicle staging spaces. The attached Motor Court Study (Attachment 11) compares the size of the proposed motor court with other existing hotels in the vicinity. This study identifies that the proposed hotel has substantially fewer rooms than the comparison sites, yet the proposed capacity of the motor court is only slightly less than the next two smallest comparison hotels: the Maybourne (201 rooms) and Waldorf Astoria (170 rooms).

The motor court will be valet operated and, as revised to respond to the Commission’s direction, limited to hotel guests and customers of the public dining and spa uses. The Valet Parking Management Plan prepared by LAZ Parking (Attachment 12) indicates valets will drive customer vehicles out of the motor court with a right turn onto South Santa Monica Boulevard, a right turn onto South Beverly Drive and a right turn into the alley to the subterranean parking access ramp. Valets will return cars to the motor court via one way on-site circulation. The Planning Commission directed the Project be revised to provide club valet operations on Beverly Drive and the LAZ Parking Management Plan has been updated to include this revision.

PC Review: Motor Court and Beverly Drive Club Valet. The Commission discussed motor court operations in detail at its February 10 and February 24 hearings. Concerns about vehicle backup and delays, both for the on-site circulation and potentially onto South Santa Monica Boulevard, and a lack of detailed ‘micro-simulation’ traffic analysis were cited by the traffic consultant KOA, who commented on behalf of the neighboring retailers Hermes, Chanel and Meeting Date: September 20, 2022
Cheval Blanc Beverly Hills Specific Plan

Giorgio Armani. Commissioners identified they had concerns that vehicles could back-up onto South Santa Monica Boulevard and the number of vehicles exiting the motor court during busy afternoon traffic on South Santa Monica could negatively affect roadway operation. The Commission suggested potential physical changes to the Project, such as providing a down ramp within the motor court or widening South Santa Monica Boulevard to add a new right turn lane. These changes would involve major changes to the ground floor configuration of the Project, thus the Applicant requested at March 24, 2022 Commission hearing additional time to develop a viable solution to the issue. On May 26, 2022, the Applicant returned to the Commission with the following Project modifications described in greater detail earlier in this report:
 Reallocate restaurant dining area on the 2nd and 7th floor to be accessible by club members, hotel guests and their respective guests only. This change would reduce the number of restaurant customer vehicles as these trips would no longer visit the re-allocated dining space. The Applicant studied restaurant operations at their existing hotels and discovered that hotel guests dined at the hotel restaurants at a very high rate (See LVMH Club and Restaurant Operations Memorandum, Attachment 13), thus the Applicant concluded it was feasible to allocate more dining space for exclusive use by on-site hotel guests, club members and their guests.  Eliminate spa floor area on the 5th floor, reducing the size of the spa to one level on the 4th floor. This change further contributes to a reduction in vehicle trips to the Project site, as the spa is open to the public.
 Provide general retail parking off-site through participation in an in-lieu parking program. Prohibit retail customers from using the motor court valet to access on-site parking. Kimley-Horn completed an in-lieu parking analysis that studied available parking supply at nearby City public parking structures (Attachment 20). The study found that available parking supply at peak parking demand within these structures (286 spaces) exceeds the required in lieu space demand for this Project (33 spaces).

This change further reduces the number of vehicles using the motor court.  Provide up to 15 on site VIP/VIC customers spaces. Provide VIP/VIC customers direct access subterranean parking structure on an appointment basis and prohibit these customers from using the motor court. The Applicant submitted a Retail VIPVIC Customer Parking Memorandum describing the operation of the by appointment VIP/VIC retail parking (Attachment 14).

The intention of the listed changes is to reduce the number of vehicles exiting the Project site in the PM peak traffic period by an amount equivalent to incorporating a down-ramp directly from the motor court to subterranean parking. On May 26, 2022, the Commission reviewed the revisions, including detailed Microsimulation Analysis (Attachment 22) and acknowledged that progress was being made on resolving the issue. After consideration, the Commission directed relocation of club valet operations to North Beverly Drive and providing club members direct key card access to underground parking also be incorporated into the Project. The City’s transportation consultant, Fehr and Peers prepared a memorandum that evaluated the additional reduction in motor court trips and quantified the additional reduction in vehicle delay that would occur by incorporating these additional changes (Attachment 15). Table 4 summarizes the reduction in motor court trips and reduction in delay that would occur for the Applicant’s May 26, 2022 proposal and the Commission’s recommended Project:

Meeting Date: September 20, 2022
Cheval Blanc Beverly Hills Specific Plan

Table 4: Motor Court PM peak period trip reduction
# of PM Peak vehicle exits
from motor court
Average Vehicle Delay
(Future traffic + Project)
Original Project 235 vehicles 89.8 seconds delay
Comparison scenario: add motor
court down ramp
140 vehicles (40% reduction) Delay not calculated for
comparison scenario
May 26, 2022 Applicant Revised
Project
148 vehicles (37% reduction) 42.8 seconds delay (52%
reduction)
PC recommended Project
(added Club parking changes)
116 vehicles (51%
reduction)

33.8 seconds delay
(62% reduction)
PC Recommended Conditions: As previously noted in the report, the Commission recommends Conditions 27 and 28 to ensure retail parking operates as proposed and Conditions 29 and 30 to ensure club parking operates as proposed. In addition, the Commission recommends the following conditions regarding the motor court and general parking operations:
 Condition 31 requires signage that only valets can use the on-site valet return lane to the motor court. Those self-parking on-site must exit south on the public alley.  Condition 32 requires a detailed final valet parking plan be submitted prior to building operation.
 Condition 33 prohibits left turns from South Santa Monica Boulevard into the motor court and requiring design measures to restrict the movement.  Condition 34 requires right turn only signs at the exit of the motor court and a painted “Keep Clear” zone at the South Santa Monica Boulevard motor court exit.

Alley Relocation
Figure 4: Proposed Relocated Alley
The existing public alley that runs north-south across the Project Site that serves buildings on both North Rodeo Drive and North Beverly Drive is proposed to be relocated to the southern portion of the Project Site. The relocation requires the City’s Master Plan of Streets to be amended. Specifically the location of the alley would be modified on Sheets 31, 32 and 53 of the City’s street master plan (See Exhibit D of PC Resolution No. 1989, Attachment 4) and the new configuration of the alley easement is approved as part of the Project’s Vesting Tentative Parcel Map (See Exhibit C of PC Resolution No. 1989, Attachment 4). The relocated alley segment would be accessed from North Beverly Drive instead of South Santa Monica Boulevard (See Figure 4). It is proposed the alley continue to have one-way vehicle travel consistent with current operation. The relocated alley would have an approximately 150’ long east to west segment and a 90° turn to the existing north-south alignment for the rest of the 400 block of Meeting Date: September 20, 2022
Cheval Blanc Beverly Hills Specific Plan

North Beverly and North Rodeo Drives. The new alley alignment would run under the Cheval Blanc building and have 20’ of vertical clearance.

When the Project application was originally submittal, a 20’ wide public easement was proposed. Prior to the February 10, 2022 Commission hearing representatives of other businesses that use the alley submitted numerous comments regarding the alley. Responding to the comments, the Applicant made revisions to widen the alley easement to 29’ feet at the North Beverly Drive entrance and widen the alley easement to 25’ west of the ramp to the Project’s subterranean parking (the ramp has been shifted slightly east to provide additional space for the widened area). Additionally the alley easement flares out to approximately 37’ in width at the 90° turn to provide additional space for vehicles to complete a southbound turn.

PC Review: Alley Relocation. The operation of the alley was a key topic during the Commission’s review of the Project. During the Draft EIR comment period and at the October 28, 2021 PC hearing, Murray D. Fischer and KOA Corporation submitted extensive comments, on behalf of Hermès and Chanel, regarding the Project’s physical changes to the alley. These concerns included:
 Vehicles using the Project’s on-site loading bays having to back into the alley to exit.  The turning clearances for large trucks in the alley are too tight.  The alley width is insufficient during congested alley conditions.  Operation of the alley entrance does not take into account existing driveways on the east side of North Beverly Drive.
 Alternative alley configurations were not studied, including alley access from both Beverly and Rodeo Drives.

Responsive to these comments, the Applicant made Project changes and additional analysis was completed (See revised alley study, Attachment 16). Full responses to Mr. Fischer (EIR Letter No. 5) and KOA’s (EIR Letter No. 6) comments are included in FEIR Section 10.0:

Response to Comments (Attachment 24). The revised alley study concludes that large vehicles can successfully complete the 90° turn within the proposed alley right-of-way. Only the largest of the modelled vehicles, a 100’ BHFD ladder tiller and semi-truck, needs to use the 5’ of additional alley width that has been added to the alley easement to provide additional area to complete the southbound turn in the alley. The rest of the modelled vehicles could head straight through the relocated alley segment and complete a 90° turn. The resubmitted alley study also evaluated a modified configuration in the Project’s two-bay loading area. The Project plans were revised to allocate more vehicle maneuvering space the loading bay area by relocating the building’s telephone/electrical rooms. There is enough space on the Project Site for an SU-30 truck (30’ long truck) to enter and exit Loading Bay #1 without backing into the alley even if Loading Bay #2 is occupied. There is enough space for an SU-30 or SU-40 truck (40’ long truck) to enter and exit Loading Bay #2 without backing into the alley. The Specific Plan has been modified to restrict the use of Loading Bay #1 to SU-30 trucks or smaller.

A significant amount of discussion at the February 10 and February 24, 2022 hearings were also devoted to alley operation. The neighboring retailers cited concerns about:
 Increased alley traffic volumes preventing clients from promptly reaching businesses and causing safety issues for employees crossing the alley.  FedEx/UPS drivers not using underground loading spaces, the North Beverly Drive curb is a better location for delivery vehicles.

Meeting Date: September 20, 2022
Cheval Blanc Beverly Hills Specific Plan

 Public alley signage is needed.
 Reversing the direction of the alley should be considered.

Detailed responses were prepared to the neighboring retailers comments and are included in the additional FEIR Appendix L: Supplemental Analysis. Written alley operation comments included in Appendix L include: “Fischer1” (pp. 54-60), “Fischer2” (pp.61-82), “Kelly1” (pp. 125- 196), “Kelly2” (pp.197-207), “Lawrence” (pp.212-215), “Peterson1” (pp.253-259), “Peterson2” (pp.260-263), and “Routa” (pp.280-283). Numerous Project conditions recommended by the Commission are responsive to the concerns raised in the received correspondence, such as delivery vehicles blocking the alley, on-site loading causing off-site circulation issues, guarantees on continuously maintained public access to the alley, the new alley entrance have signs indicating public access, and the Project taking into consideration a future request to modify the direction of alley travel.

The City and the Applicant’s transportation consultant evaluated reversing the flow of alley traffic and concluded the following regarding the Project physically accommodating a change in direction:
 If alley traffic flow were reversed, City trash service could still be accommodated.  Turn sweep diagrams indicate the relocated alley can accommodate larger vehicles traveling northbound on the alley (Attachment 17).
 If alley operation was reversed, two-way alley operation at the intersection with North Beverly Drive is necessary to allow vehicles to enter the Project’s parking structure and alley traffic to exit. The conceptual plan provides 29’-8” of roadway width at the intersection. The roadway widens to 32’ feet at the parking structure down-ramp. Thus 20’ of roadway is available for vehicles traveling eastbound on the alley, leaving 9’-8” to 12’ of roadway for vehicles travelling westbound to the parking structure. Thus the dimensions of the relocated alley are can accommodate both eastbound alley traffic and westbound Project parking structure traffic.
 Vehicles exiting onto North Beverly Drive would enter a busier two-way roadway than the existing alley exit onto one-way westbound Brighton Way. While it is physically possible to reverse alley traffic to exit onto North Beverly Drive, there should be consideration of traffic safety measures and whether left turn movements out of the alley should be allowed.

After considering the issue, the Commission provided direction to the parties interested in reversing the alley direction to conduct outreach to other alley users and submit a request to the Public Works Transportation Division for staff and Traffic and Parking Commission review. After review, the request could be brought to City Council for a decision. The Applicant has not requested the change in alley direction as part of their application, thus the direction was provided to the other alley users if they wish to pursue the request.

PC Recommended Conditions for Alley: The Commission recommends the following conditions regarding alley operation:
 Condition 6 requires the existing north-south alley to remain open until east-west segment is completed and open for public access.
 Condition 19 requires the easement for the alley stipulate that the relocated alley cannot be closed or blocked temporarily or permanently by anyone other than the City without the Director of Public Works’ approval.

Meeting Date: September 20, 2022
Cheval Blanc Beverly Hills Specific Plan

 Condition 20 requires projecting alley entrance signage that indicates the alley is public, the direction of travel, and includes the City logo.
 Condition 21 requires signs and lane painting that indicate stopping is prohibited in the relocated alley segment.
 Condition 22 requires, if the City Engineer finds it necessary, the Applicant to pay for a transportation report evaluating whether the relocated alley has any conflicts with existing in-alley loading zones.
 Condition 23 requires monitoring cameras be installed in the relocated alley segment.  Condition 24 restricts ground floor entrances near the relocated alley to employees only and requires placement of no delivery signs at these doors.  Condition 25 includes signage and physical modification requirements for the alley if the direction travel is changed in the future.
 Condition 26 requires City review of a delivery scheduling system for the on-site loading docks with the option for City re-review and monitoring if issues arise with loading.  Condition 35 allows short-term deliveries to occur during limited times approved by the Director in the club valet zone on Beverly Drive.
 Condition 36 allows the Director of Community Development to require the Applicant to provide additional traffic, loading or parking analysis if unanticipated impacts occur and allows the Director to return to the Commission for additional review to resolve the issues.

Right-of-Way and Pedestrian Improvements
The following Project features are located in or adjacent to the public right-of-way surrounding the Project Site:

Pedestrian Plaza: A 20’ by 35’ publicly accessible pedestrian plaza is located contiguous with the public sidewalk at the corner of South Santa Monica Boulevard and North Rodeo Drive. The new pedestrian amenity appears consistent with General Plan Policy LU 9.4 which states anchor locations should incorporate measures to enhance streets and sidewalks to encourage pedestrian circulation and Policy OS 8.5 which states new development could include features such as small public plazas. The Applicant is proposing to place private artwork in the plaza, as the Applicant would like to maintain control over art selection. Thus the art would not be considered public art meeting the City’s fine art obligation. Thus the Applicant would also be required to install art reviewed by the City elsewhere on the site or pay the in lieu fine art fee.

South Santa Monica Boulevard Sidewalk Enlargement (Master Plan of Streets Amendment):

Existing Condition: South Santa Monica Boulevard adjacent to the west end of the Project Site currently has a 70’ wide right-of-way with a 50’ wide roadway and 10’ sidewalks. On the east end of the Project Site the right-of-way gradually widens from 70’ to 80’ and the sidewalk adjacent to the Project Site slightly narrows from 10’ to 9’.

Existing Master Plan of Streets: Sheet 53 of the existing Streets Master Plan (Attachment 18) calls for a widening of the South Santa Monica Boulevard Right of Way on the west side of the Project Site from 70’ to 75’. On the west side of the Project Site, the existing Streets Master Plan allocates an additional 4’ to the roadway (54’ roadway) to increase the width of both eastbound and westbound travel lanes and increases the width of the south sidewalk by 1’ from 10’ to 11’. The existing Streets Master Plan also calls for reductions in the existing width of the sidewalk at the both the Rodeo Drive and North Beverly Drive intersections to increase the amount of roadway available to turning vehicles.

Meeting Date: September 20, 2022
Cheval Blanc Beverly Hills Specific Plan

Requested Master Plan of Streets Amendment: The Applicant has proposed amendment to Street Master Plan Sheet 53 (See Exhibit D of PC Resolution No. 1989, Attachment 4). It is requested to maintain the existing roadway width on South Santa Monica Boulevard (50’ at the west end of the Project Site widening to 60’ at the east end). The request is to instead widen the sidewalk at the west end of the Project Site by 1.5’ and widen the sidewalk by 3’ to 7’ at the east end of the Project Site. It is also requested that the existing location of the sidewalk curb be maintained instead of increasing the amount of roadway for turning vehicles at the Rodeo Drive and Beverly Drive intersections with South Santa Monica Boulevard.

In summary, the Existing Master Plan of Streets requires adding 5’ to the South Santa Monica Boulevard roadway for use by motor vehicles and change intersection curbs to improve motor vehicle turn movements. The Applicant is requesting that the Master Plan be modified to maintain the existing roadway configuration for vehicles and instead increase the size of the sidewalk for pedestrians (additional width varying from 1.5’ to 7’). The request appears to be more consistent with the intent of recently adopted City policies and plans, notably the April 2021 Complete Streets Plan, that puts an emphasis on looking holistically at the City’s street network and balancing the needs of different travel options so that changes to the City’s transportation network do not just focus on motor vehicle improvements.

Right-of-Way (ROW) Encroachments:

Sidewalk Materials: The Applicant is requesting to use non-standard paving in the public ROW adjacent to the Project Site. The Maybourne Hotel is an example of where the City authorized non-standard sidewalk paving material for a project.

Right-of-Way Landscaping: The Applicant is requesting approval to install special landscaping in the public ROW surrounding the Project Site. The general location and configuration of the proposed landscaping is identified on Specific Plan Figure 37 (Attachment 1).

Parking under the Sidewalk: The Applicant is requesting permission for the Project’s subterranean parking structure to extend to the existing public sidewalk curb 10’ below grade.

The City has permitted similar encroachments for parking at other commercial buildings, such as the MGM headquarters at 245 N. Beverly Drive.

PC Recommended Conditions: The Commission recommends the following ROW and Pedestrian improvement related conditions:
 Conditions 12, 13, and 14 require the plaza be publicly accessible, that the Applicant maintain the plaza, and City review of the plaza configuration and materials.  Condition 15 requires City review of ROW landscaping for water conservation and public safety.
 Condition 16 requires finalization of the encroachment agreement before excavation of subterranean encroachment.
 Condition 17 requires finalization of the landscaping and sidewalk paving encroachment agreements before re-opening the public sidewalk.
 Condition 18 requires the Applicant to maintain the sidewalk, parkways, street trees and other landscaping surrounding the Project Site.

Parking Supply
The revised Project presented at the May 26, 2022 Commission hearing reduced parking supply from the originally proposed 185 parking spaces to 172 parking spaces. The revised Project provides 139 on-site spaces in three levels of underground parking and 33 parking spaces through in-lieu parking program participation. The revised Project plans reduce the number of Meeting Date: September 20, 2022
Cheval Blanc Beverly Hills Specific Plan

compact and tandem spaces parking spaces on levels B2 and B3 of the parking structure. The Applicant’s consultant Kimley-Horn prepared an updated Parking Demand Study (Attachment 19) and a supplemental in-lieu parking study (Attachment 20) to evaluate the Project changes presented at the May 26, 2022 hearing. The studies conclude:
 The Project’s 172 parking spaces would exceed the 151 parking space peak parking demand forecasted for the May 26, 2022 revised Project.  There are 772 parking spaces available in five City parking structures within 750’ of the Project Site. Field observations identified a 375 space peak parking occupancy across the five structures (Weekend 3PM). Thus the available supply at that time is 397 spaces which exceeds the Project’s 33 space in-lieu request. The available parking supply also exceeds the cumulative total of the Project request and the other 83 in lieu spaces previously approved for other Projects in the vicinity that are not yet operational.  The Kimley-Horn Study evaluated parking demand for special events by evaluating a scenario where the three allowable events at the Project Site occur concurrently (A 150 attendee hotel event, a 50 attendee club event, and a 75 attendee hotel penthouse event). Under that scenario 218 parking spaces are needed. Drive aisle stacked parking can add 79 spaces to the existing 139 on site spaces (LAZ Valet Parking Management Plan, Attachment 12), thus the 218 space maximum demand for special events can be met on-site.

Planning Commission Review: Parking Supply. Correspondence received included both comments that the Project had too much parking (GK Law) and calculated too little parking demand (KOA). The Kimley-Horn Study was peer reviewed by the City’s transportation consultant, Fehr and Peers, who found the methodology used sufficient. Detailed responses to both GK Law and KOA’s comments regarding parking supply are included in the various Response to Comments sections in the FEIR.

Transportation Assessment
CEQA Traffic Analysis: In 2020, CEQA Guidelines §15064.3 was modified to require the evaluation of transportation impacts using the “vehicle miles traveled” (VMT) metric instead of the previously used Level of Service (LOS) intersection delay metric as the State determined “automobile delay shall not constitute a significant environmental impact”. As required, the FEIR transportation analysis uses the VMT metric and concludes that the Project qualifies for screening out of VMT analysis and thus has a less than significant transportation impact. GK Law’s multiple correspondence questions the Project’s eligibility for screening, but as stated in FEIR responses, the Project is eligible for screening under State and locally adopted criteria (See full response in Appendix N, Attachment 25)
LOS based Local Transportation Assessment: When the Commission adopted new CEQA compliant transportation thresholds in October 2019, the Commission also made the determination that completing a LOS analysis for development projects would provide useful information for the public and decision-makers in the review and consideration of projects. Thus, Local Transportation Assessment (LTA) Guidelines were adopted by the Commission. The LTA prepared for the version of the Project that the Council is reviewing is FEIR Appendix H.2 (Attachment 24). Fehr and Peers, the City’s traffic consultant, prepared an LTA compliant with the City’s guidelines and evaluated the operation of 10 intersections near the Project under 4 different scenarios: 1) Existing Traffic plus Project; 2) Existing Traffic plus Existing Uses plus Project; 3) Future Traffic plus Project scenario; and 4) Future Traffic plus Existing Uses plus Project.

Meeting Date: September 20, 2022
Cheval Blanc Beverly Hills Specific Plan

The “Future Traffic plus Existing Uses plus Project scenario” may be of most interest to decision-makers as this scenario reviews projected traffic after the Project’s scheduled opening date and compares the Project’s impact against a baseline where the existing buildings at the Project Site are occupied. It is unlikely Project site buildings would remain unoccupied if the Project is not built. This scenario concludes that Project traffic would add an additional 18 seconds of delay in the AM peak period at North Beverly Drive/South Santa Monica Boulevard intersection (exceeds the 10 second delay criteria for intersections operating at a D service level) and an extra 6.7 seconds of delay in the PM peak period (exceeds 5 second delay criteria for intersections operating at an F service level).

Project Construction
38 months of construction is anticipated. The attached Matt Construction Site Logistics Plan (Attachment 21) provides details regarding the two planned construction phases:

Phase 1 Construction (7.5 Months):
 Utilities relocation
 Demolish 449 and 461 North Beverly Drive buildings
 Excavate 449 North Beverly Drive and a portion of 461 North Beverly Drive  Construct portion of subterranean parking under relocated alley, construct alley, and install canopy to protect alley from Phase 2 construction.

Phase 2 Construction (32 Months with 1.5 months of Phase 1 overlap):
 Cutover to new utility systems
 Demolish 456 and 468 North Rodeo Drive buildings
 Excavate the remainder of the Project Site
 Construct remainder of subterranean parking
 Build above ground building
 Complete exterior site work.

Construction Hauling: Hauling of demolished materials and dirt is proposed to occur between 7 PM and 7:30 AM. Depending on the time, haul trucks would use two different haul routes:
7 PM to 10 PM: Outbound route is Project Site to eastbound South Santa Monica Boulevard, onto Burton Way and San Vicente Avenue, right onto southbound La Cienega Boulevard to I-10. Inbound route is the reverse. 10 PM to 7:30 AM: Outbound route is Project Site to southbound North Beverly Drive, left onto eastbound Wilshire Boulevard, right onto southbound La Cienega Boulevard to I-10. Inbound route is I-10 to northbound La Cienega Boulevard, left onto westbound Wilshire Boulevard, right onto northbound North Camden Drive, right onto South Santa Monica Boulevard to Project Site.
Intermittent lane closures for Metro D Line subway construction are anticipated at or near the intersection of North Beverly Drive and Wilshire Boulevard. When lane closures occur the Burton Way haul route will be used in both the evening and night time periods.

Construction Worker Parking: During the initial months of construction off-site parking facilities will be used for construction worker parking. Construction workers will park on-site when the construction of the subterranean parking structure is completed. The number of construction workers on-site will fluctuate with an estimated maximum peak of 500 workers.

Meeting Date: September 20, 2022
Cheval Blanc Beverly Hills Specific Plan

Planning Commission Review: Construction. At the February 10 and 24, 2022 and May 26, 2022 Project hearings the representatives of Hermes, Chanel and Giorgio Armani provided both written and verbal concerns about construction, including: the alley could be closed during business hours during construction; an independent person should be hired to deal with construction concerns; a master plan of events for other alley users should be created and disruptive construction activities cease during these events; at least a week’s notice should be provided before construction activities that will create vibration or excessive noise; and the cost of cleaning construction dust should be reimbursed. These items were discussed between the representatives of the Applicant and the other businesses on the alley. In developing the recommended specific construction conditions, the Commission considered the extensive input from both the other alley users and the Applicant.

PC Recommended Conditions: As discussed on pages 6 and 7 of this report, the FEIR includes numerous construction related mitigation measures (various construction monitoring and a construction management plan requirements). In addition to the mitigation measures, the Commission recommends several conditions to address the cited construction concerns:
 Condition 40 lists additional requirements for the Construction Management Plan: set routes to off-site construction worker parking, construction site sign-in and sign-out requirements, active surveillance and privacy screening; and a prohibition from truck queuing on Rodeo Drive or South Santa Monica Boulevard unless an after-hours queuing is pre-approved by the Building Official.
 Condition 41 requires City Traffic Engineer review and approval of any temporary placement of construction equipment in the alley.
 Conditions 42 and 43 prohibits closure of the alley between 8 AM and 10 PM. Any closure at night requires Public Works Director approval and all other tenants and property owners on the alley must be noticed 7 days in advance.  Condition 44 requires the Applicant to maintain a website with the current construction schedule and provide the website location to neighboring property owners and tenants on the alley as well as post the website on the construction site.  Condition 45 requires a $25,000 cash deposit to ensure condition compliance. If violations occur the City can stop work, retain the deposit, and require additional deposit funds.
 Condition 47 requires the Applicant to pay for a City controlled Construction Relations Officer that can be contacted with construction concerns. Contact information for the Officer must be provided to tenants and property owners on the alley and posted on site.

APPEAL
On June 23, 2022, GK Law, on behalf of their client Unit Here Local 11, submitted a petition appealing the “City Planning Commission approvals involving the Cheval Blanc Beverly Hills Specific Plan” (Attachment 8). The appeal petition specifically challenges all four Planning Commission resolutions (Attachments 3 through 6) even though the VTPM resolution (Resolution No. 1991) is the only approval action taken by the Commission. The other three resolutions are Planning Commission recommendations to the City Council. The Appeal petition states “this Appeal challenges all the above-listed resolutions on the grounds of non-compliance with the California Environmental Quality Act (“CEQA”) and the Code”.

The City Attorney’s office reviewed the appeal petition and on July 7, 2022, responded to GK Law to concur with the statements in the appeal petition that the Planning Commission actions regarding the a) certification of the EIR, b) General Plan Amendment, c) Master Plan of Streets Amendment, d) Zone Text Amendment, f) Specific Plan and encroachment permits are Meeting Date: September 20, 2022
Cheval Blanc Beverly Hills Specific Plan

recommendations to the City Council. The City Attorney’s letter (Attachment 9) goes on to state that these recommendations are not final actions of the City and thus are not subject to appeal, and each of the matters will be presented to the City Council for consideration. The City Attorney’s letter also states “the Planning Commission’s contingent action to conditionally approve Vesting Tentative Parcel Map No. 82872 is, however, appealable to the City Council”.

The City Attorney’s letter acknowledges that Council can not undertake meaningful consideration of the Vesting Tentative Parcel Map appeal without also considering the EIR, Specific Plan, and other related entitlements, thus the appeal will be presented to the Council concurrently at the Council’s hearing on the entitlements.

The 275 page appeal petition includes numerous comments on the contents of the Project’s FEIR, and includes limited comments on the Vesting Tentative Parcel Map approval. As the City Council is considering certification of the FEIR, an additional FEIR appendix (Appendix N, Attachment 25) was prepared that provides detailed responses to individual comment included in the appeal petition. Thus the appeal petition’s CEQA related comments and responses to those comments have been incorporated into the FEIR that will be considered for certification.

Appeal Petition CEQA Comments
Pages 3 through 6 of the petition summarizes the grounds for appeal of CEQA issues. Briefly summarized, the appeal challenges the following items in the Project’s CEQA analysis:

A. Contrary to CEQA, the EIR understates the Project’s traffic impacts:

1. The EIR fails to conduct an adequate Vehicle Miles Travelled (VMT) analysis.

2. The EIR utilizes a flawed Level of Service (LOS) analysis.

3. Due to these errors, the EIR precludes further consideration of traffic mitigation, such as more aggressive commitments to public transit incentives and local hiring.

B. Contrary to CEQA, the EIR’s Air Quality Analysis is deficient:

1. The air quality modeling has substantial changes to CalEEMod default values without adequate justification, which results in an underestimation of the Project’s emissions.

2. The EIR modeling does not adequately consider and assess overlapping phased construction.

3. The EIR modeling improperly gives credit for a variety of mitigation measures inconsistent with CAPCOA guidance.

C. Contrary to CEQA, the Project’s GHG impacts are understated:

1. The EIR’s qualitative analysis fails to rely on a proper GHG reduction plan with binding enforceable measures specific to local land use projects.

2. The EIR overstates the Project’s purported sustainable features by primarily relying on compliance with existing regulations and fails to adequately consider the area’s housing/jobs imbalance or the inconsistency with smart growth principals by adding a 100 percent commercial Project in an area oversaturated with commercial, retail, and similar uses.

3. The EIR’s consistency analysis with the Southern California Association of Governments (SCAG) 2020 Regional Transportation Plan/Sustainable Communities Strategy is lacking.

4. The EIR’s consistency analysis with the 2017 California Air Resources Board (CARB) Scoping Plan is insufficient.

D. Contrary to CEQA the EIR failed to consider a housing alternative that would be consistent with housing and land use goals/policies and reduce project impacts:

Meeting Date: September 20, 2022
Cheval Blanc Beverly Hills Specific Plan

1. Places the City further behind its Regional Housing Needs Allocation (RHNA) and forgoes significant VMT/GHG reductions by addressing the area’s job/housing imbalance.

2. Is inconsistent with numerous Housing/Land Use goals in the City’s General Plan.

3. Fails to consider an adequate range of project alternatives that would reduce significant Project impacts – a requirement under CEQA.

The following is a brief summary of the responses included in FEIR Appendix N, responding to the CEQA related comments listed above:

A. Project Traffic Impacts

1. Adequacy of VMT analysis. FEIR Appendix N Response #8 provides details regarding the FEIR’s VMT conclusions and provides cross-references to where VMT information can be found in the FEIR. In short, Response #8 states the Project meets the requirements for screening out from further VMT analysis as the Project is located within a Transit Priority Area and the Project meets the relevant screening requirements. The FEIR analysis makes this finding based on an analytical foundation that includes the State CEQA Guidelines, the OPR Technical Advisory, and the City’s adopted CEQA Transportation Thresholds of Significance.

2. Adequacy of the LOS analysis. FEIR Appendix N Response #9 provides details regarding the LOS analysis completed for the Project and cross-references to where this topic is discussed in the FEIR. In short, the State eliminated LOS as a basis for determining transportation impacts under CEQA through SB 732. The purpose of the LOS analysis was to provide information to decision-makers about the Project and is not a part of the CEQA analysis. The LOS analysis includes accurate information about the number of club members (Specific Plan’s 500 member limit) and makes appropriate conservative assumptions regarding day spa trip generation.

3. Traffic Mitigation: FEIR Appendix N Response #10 provides details and cross-references to the FEIR traffic mitigation conclusion discussion. In short, VMT mitigation is not required because the FEIR does not identify a transportation impact. In addition the Project includes several sustainability and VMT reducing features such as proximity to transit, providing transit passes to hotel and club employees, providing transit passes to hotel guests on request, as well as electric vehicle/electric bicycle charging facilities.

B. Project Air Quality Analysis

1. CalEEMod Air Quality Analysis: FEIR Appendix N Responses 18, 19 and 24 discuss and provide cross references regarding the CalEEMod modelling completed for the Project. In short, the FEIR uses the appropriate 2016 version of CalEEMod as that was the available when the City noticed preparation of this EIR. Nevertheless the City has subsequently prepared analysis using the 2020 version of CalEEMod and that modelling did not identify air quality impacts. The FEIR, including responses, provides discussion and justification of the default values used in CalEEMod modeling for this Project.

2. Air Quality model considering overlapping phased construction: FEIR Appendix N Response 20 refers to the previous response to this comment (FEIR Response 2-39), that discusses in detail that the FEIR air quality and noise modelling take into account the overlapping phases one and two of Project construction.

3. Appropriateness of credits uses in air quality modeling: FEIR Appendix N Response 21 refers to the previous response to this comment (FEIR Response 2-41) that discusses Meeting Date: September 20, 2022
Cheval Blanc Beverly Hills Specific Plan

why the CAPCOA reduction measures that were taken for the Project are appropriate and the details why specific Project specific inputs were used.

Project GHG Analysis

1. Adequacy of GHG Qualitative Analysis: FEIR Appendix N Response 28 refers to the previous response to this comment (FEIR Response 2-43). As described in detail in that response, the FEIR GHG qualitative analysis is in compliance with CEQA as it is allowable to make a determination of significance that is based on compliance with statewide and regional plans.

2. Overstatement of sustainability features: FEIR Appendix N Response 29 refers to the previous response to this comment (FEIR Response 2-44). The Project is required to be constructed at a LEED Gold standard.

3. SCAG RTP/SCS analysis is lacking: FEIR Appendix N Response 30 refers to prior responses (FEIR Responses 2-45 through 2-50). The Project incorporates specific VMT and GHG reduction measures and the analysis finds the Project consistent with SCAG’s 2020 RTP/SCS.

4. Insufficient CARB Scoping Plan analysis. FEIR Appendix N Response 31 refers to prior responses (FEIR Response 2-51 through 2-54). The FEIR properly analyzes CARB scoping plan and subsequent updates (2008 Plan, as well as 2014 and 2017 updates).

Project Alternatives Analysis – Housing

1. Failure to consider a Project alternative with a housing component (particularly affordable) places City further behind its RHNA goal. FEIR Appendix N Response 2 discusses in detail that a housing alternative was considered and rejected as infeasible in the Alternatives FEIR section. Also Response 2 discusses the City’s recent adoption of the Mixed Use (MU) Overlay Zone that significantly expands the number of sites in the City that can be redeveloped with residential development and creates significant opportunities for net new housing to meet the City’s 6th Cycle RHNA allocation. When the MU Overlay Zone was considered by the City, the business triangle was specifically excluded from the overlay zone.

2. Inconsistency with General Plan Housing/Land Use Goals. FEIR Appendix N Response 38 identifies that FEIR Section 4.7 includes a full analysis of the applicable goals and policies set forth in the City’s General Plan and finds that the Project does not conflict with goals and policies that were adopted for the purpose of avoiding or mitigating an environmental effect.

3. Fails to consider an adequate range of Project Alternatives. FEIR Appendix N Response 39 discusses that the alternatives section considers an adequate range of alternatives to provide a comparative analysis of alternatives versus the Project that identifies opportunities to avoid or substantially lessen any environmental effects while feasibly attaining most of the Project’s objectives.

Appeal Petition: VTPM Grounds for Appeal
On Page 6 of the appeal petition, GK law states “to grant the VTPM and approvals that are the subject of the Resolutions, the City must make numerous findings under applicable law.

However, the above mentioned CEQA deficiencies run directly against many of these findings, including the Project being: (i) inconsistent with the applicable General Plan; (ii) likely to cause substantial environmental damage; (iii) cause serious public health problems; and (iv) conflict with public use and access of the Site.”
GK Law asserts that there are CEQA deficiencies in the environmental analysis and these deficiencies run directly against the required findings for the map. GK Law does not specify in Meeting Date: September 20, 2022
Cheval Blanc Beverly Hills Specific Plan

their petition which of the seven required subdivision findings that the Commission made for this Project they are asserting cannot be made. GK Law does identify four subject areas which they assert are problematic in making the findings to approve the map. The following is responsive GK Law’s statement:

1. The Project is inconsistent with the General Plan. Planning Commission Resolution No. 1991 includes a General Plan Consistency Analysis (Exhibit B to Attachment 6) that systematically goes through applicable Goals and Policies of the General Plan and finds the Project consistent. These consistency findings include specific discussion of the physical characteristics of the Project and find them consistent with numerous Goals and Policies in the Land Use, Circulation, Economic Sustainability and Open Space elements of the General Plan.

2. Likely to cause substantial environmental damage. The FEIR, which includes all comments made on the document and all the responses to those comments, concludes that implementation of the Project would not result in any significant and unavoidable Project-level or cumulative impacts. All potential environmental impacts identified in the report are either below the required threshold of significance used to evaluate the Project or can be reduced below the threshold of significance through mitigation identified in the FEIR.

3. Cause serious public health problems. If GK Law is referring to their CEQA related comments, the responses included in Appendix N address each of GK Law’s individual appeal petition comments and concludes that the analysis contained in the FEIR appropriately comes to the conclusion that the Project does not have significant environmental impacts, including any impact related to public health.

4. Conflict with Public Use and Access to the Site. The Project includes widening of the public sidewalk through the granting of new public right-of-way easements to the City. A public easement for the relocated alley is required, which will ensure permanent public access to the alley. It is required that public access be permanently maintained for the new approximately 20’ by 35’ pedestrian plaza at the corner of Rodeo Drive and South Santa Monica. Based on these features, the amount of usable space that the public has access to would increase over current conditions. The public would maintain alley access on the relocated segment of alley.

Staff’s recommendations regarding the Appeal Petition are:
1) Review the FEIR, including GK Law’s new CEQA related comments in the appeal petition and the responses to those comments. Consider the adequacy of the FEIR and the Commission’s recommendation regarding certification of the FEIR. 2) Review GK Law’s grounds for appeal of the subdivision map as part of the Council’s consideration of the Project’s VTPM.

Development Agreement
A City Council ad-hoc committee consisting of Vice-Mayor Bosse and Councilmember Friedman is currently negotiating draft Development Agreement terms with the Applicant. Greenburg Glusker (negotiations) and Keyser Marston (economic analysis) are supporting these negotiations. A draft version of the Development Agreement will be presented to the full City Council at a future hearing as the review process for this Project proceeds. The Council will review the draft Development Agreement for consistency with the City’s General Plan and consider adoption of the agreement.

Meeting Date: September 20, 2022
Cheval Blanc Beverly Hills Specific Plan

FISCAL IMPACT
The fiscal impact of the Project will be a function of the terms included in any Development Agreement entered into by the City Council. A Council Ad-hoc Committee consisting of Mayor Bosse and Councilmember Friedman is preliminarily negotiating a draft Development Agreement that will be presented to the entire Council for consideration.

RECOMMENDED ACTION
Staff recommends that the City Council review the project materials, consider the analysis provided in the report, conduct a public hearing, receive public comment, and provide direction to staff and the Applicant. This direction could include the preparation of additional informational materials or direction on preparation of decision documents, if appropriate.

Ryan Gohlich
Director of Community Development
Approved By