and any potential environmental impacts that may result from the Project. The report recommendation is for the Planning Commission to accept public comments and provide Commission comments regarding the content and adequacy of the Draft EIR.
BACKGROUND
Application File Date: 3/12/20
Applicant and Owner: 468 N Rodeo Drive LLC, 456 N Rodeo Drive LLC, 461 N Beverly Drive LLC, and 449 N Beverly Drive, LLC
Representative: Deborah Quick, Perkins Coie, LLP
Registered Legislative
Advocates1:
See Attachment B
PROPERTY AND NEIGHBORHOOD SETTING
Property Information
Address: 456 and 468 North Rodeo Drive; 449, 451, and 453 North Beverly Drive; and 461 through 465 North Beverly Drive
Assessor’s Parcel Nos: 4343-016-001, -002, -019 and -023 Zoning District: C-3 Commercial Zone
General Plan Designation: Commercial Low Density General Existing Land Uses: • 468 North Rodeo Drive: 20,265 SF commercial building, former Brooks Brothers location
• 456 North Rodeo Drive: 6,895 SF commercial building, Celine retail location
• 461-465 North Beverly Drive: 23,351 SF institutional building, former Paley Center for Media location
• 449-452 North Beverly Drive: 6,276 SF commercial building, former tenants include Organic Pharmacy and Teuscher
Chocolates
• Existing north-south alley located between North Rodeo Drive and North Beverly Drive
Lot Dimensions & Area 1.277-acre (55,608 SF) Project Site with approximate frontages of 325’ on South Santa Monica Boulevard, 150’ on North Rodeo Drive, and 188’ on North Beverly Drive.
Year Built: 468 North Rodeo Drive (former Brooks Brothers) - 1997 456 North Rodeo Drive (Celine Retail location) - 1948
461-465 North Beverly Drive (former Paley Center for Media) - substantially rebuilt in 1996
449-453 North Beverly Drive - 1921, substantial expansion in 1926 Historic Resource: Refer to Draft EIR Section 4.3 (Cultural Resources) and Appendix D (Cultural Resources Reports) for detailed information.
Protected Trees/Grove: None
Adjacent Zoning and Land Uses
North C-3 – Commercial Zone (Business Triangle); T-1 Transportation Zone; Parks (Beverly Gardens Park); R-1.X Single Family Residential Zone
East C-3 – Commercial Zone (Business Triangle)
1 Legislative Advocates registered with the City Clerk’s office as of October 19, 2021.
Planning Commission Report
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October 28, 2021
South C-3 – Commercial Zone (Business Triangle)
West C-3 – Commercial Zone (Business Triangle)
Circulation and Parking
Adjacent Street(s): South Santa Monica Boulevard, North Rodeo Drive and North Beverly Drive
Traffic Volume: Refer to Draft EIR Appendix H.2 (Local Transportation Assessment) for detailed information
Adjacent Alleys: 20’ north-south alley (one way southbound) between North Rodeo Drive and North Beverly Drive
PROJECT LOCATION
The Project Site is located within the northern portion of the Beverly Hills Business Triangle.
Surrounding land uses are primarily a mix of retail and restaurant uses. North of the Project Site, across South Santa Monica Boulevard are smaller retail and restaurant storefronts. Further to the north, located 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’ in distance 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. To the west and south of the Project Site on North Rodeo Drive are the locations of various luxury retailers. Directly east of the Project Site, across North Beverly Drive, is the 9-story, 110’ tall Bank of America Financial Center building and the City owned Beverly-Canon public parking structure. Various commercial properties, including retailers and restaurants, are located south of the Project Site on North Beverly Drive. An existing alley currently bisects the Project Site and provides rear access to commercial properties located on both North Rodeo Drive and North Beverly Drive.
Figure 1: Project Location
Planning Commission Report
Cheval Blanc Beverly Hills Specific Plan
October 28, 2021
Figure 2: Project Rendering (View SE from S Santa Monica Blvd and N Rodeo Drive) Figure 3: Proposed Ground Level
KEY: Retail Club Restaurant Hotel
Planning Commission Report
Cheval Blanc Beverly Hills Specific Plan
October 28, 2021
PROJECT DESCRIPTION
The Applicant proposes construction of a single, multiple-use building that would include a luxury hotel, restaurants, a private club, and appurtenant uses (operated as the Cheval Blanc Beverly Hills); and ground-level accessible retail spaces with frontage on North Rodeo Drive. Cheval Blanc is a division of the LVMH Group, a France-based multinational corporation specializing in luxury goods. The Project is a proposal for a specific plan to regulate the development on the
1.277-acre Project Site. The draft Cheval Blanc Beverly Hills Specific Plan (Attachment C) would establish floor area, height, and use limitations for the plan area. The Specific Plan provides for a maximum of 220,950 SF of building floor area and up to 115 hotel guest rooms. Conceptual architectural plans consistent with the proposed development standards of the specific plan have been submitted as part of the Project application (Attachment F). The submitted conceptual plans are for a 212,034 SF building with 109 hotel guest rooms and include of the following characteristics:
• The Project Site consists of four parcels, two with North Rodeo Drive frontage and two with North Beverly Drive frontage, as well as the portion of the north-south alley located between North Rodeo Drive and North Beverly Drive that is adjacent to the subject four parcels.
• At the ground level, the existing alley would be relocated from a north-south configuration to the southern portion of the Project Site, accessible from North Beverly Drive. • The existing sidewalk on South Santa Monica Boulevard is proposed to be widened. An additional 1.5’ is proposed on the western side of the proposed building and widening ranging from 3’ to 7’ is proposed on the eastern side of the proposed building. • Three subterranean levels containing vehicle parking (including long-term bicycle parking), delivery van loading spaces, building systems equipment areas, a central kitchen and employee facilities. The subterranean parking is for hotel guests, retail and restaurant customers, club members, and Project Site employees.
• 24,976 SF of retail uses are proposed to be accessible from street level on North Rodeo Drive. Also located at the southeast corner of the North Rodeo Drive and South Santa Monica Boulevard intersection is an approximately 670 SF publicly accessible pedestrian plaza which would include the display of a piece of private artwork. • The building’s motor court would be accessible from South Santa Monica Boulevard. The motor court would provide staging space for nine vehicles as well as two circulation lanes.
The motor court is proposed to have valet operated drop-off and pick-up for the Project’s hotel, club, spa, and retail uses. Valet driven vehicles will be transferred to the parking area via a right turn onto South Santa Monica Boulevard, a right turn on North Beverly Drive and right turn into the relocated alley access and enter a ramp to the subterranean parking. Valets will return vehicles to the motor court via on-site ground level circulation. • Two full size loading spaces are located at the ground level, with access from the relocated alley.
• The primary pedestrian entrance to the hotel, private club, spa facility and ground floor restaurant would be through the South Santa Monica Boulevard facing hotel entry lobby adjacent to the motor court. A second club member pedestrian entrance into the ground level private club member lobby is proposed on North Beverly Drive. A secondary pedestrian entrance to the ground floor restaurant may be provided on North Beverly Drive and/or South Santa Monica Boulevard.
• The 2nd level of the building contains the second level of the North Rodeo Drive retail spaces, a limited second level dining area for the publicly accessible restaurant, and back of house service area for the restaurant and hotel.
Planning Commission Report
Cheval Blanc Beverly Hills Specific Plan
October 28, 2021
• Hotel guest rooms are proposed to be located on the 3rd through 9th levels. Typical hotel rooms would range from 620 SF to 1,300 SF in size with guest room floor to ceiling heights of 9’-6”. Approximately 7,700 SF of penthouse floor area is proposed. • In addition to hotel guest rooms, the 3rd level is the primary location of private club specific facilities, including social/meeting rooms and a screening room. The private club would allow for up to 500 individual members, with a member guest limit of two guests. • Hotel guest rooms and spa facilities (including day spa, beauty/barber services, and cosmetic spa facilities) are proposed to be located on the 4th and 5th levels. • The hotel’s outdoor pool deck with cabanas and bar service is located at the 6th level. A hotel restaurant and hotel guest rooms are also proposed on the 6th level. • A member’s club/hotel bar with adjacent outdoor terrace, as well as additional hotel guest rooms, are proposed on the 7th level.
• A health/wellness center containing fitness equipment and services and adjacent outdoor terrace, and hotel guest rooms, are located on the 8th level. The health/wellness center is proposed to be open to hotel guests and club members only. • The hotel penthouse guest suite is proposed on the 9th level, with adjacent penthouse pool deck.
Table 1 below summarizes the proposed floor area of the Project uses summarized above and identifies the proposed Specific Plan limitations on the Project:
Table 1 – Floor Area Summary of Proposed Uses/Proposed Specific Plan Limits Proposed
Conceptual Plan
Proposed Specific
Plan Maximum1
Projected Buildout to
Specific Plan
Maximum2
Hotel: Guest Rooms 98,673 SF (109 rooms) 115 rooms 104,400 SF (115 rooms) Hotel: Lobby and Circulation 23,413 SF 24,772 SF
Hotel: Wellness Center 4,924 SF 4,924 SF
Hotel: Employee
Facilities/Office/BOH
(including central kitchen)
19,290 SF 20,410 SF
Spa 12,226 SF 12,936 SF
Club: Screening Room,
Meeting Room, Lounge
7,001 SF 7,001 SF
Club: Lobby and Circulation 1,197 SF 1,197 SF
SUBTOTAL: HOTEL, CLUB
and APPURTENANT USES
Specific Plan Use Category
166,724 SF 167,500 SF (Specific
Plan allows up to 5%
adjustment:175,875 SF)
175,640 SF
SUBTOTAL: RETAIL USES
Specific Plan Use Category
24,976 SF 25,000 SF (Specific
Plan allows up to 5%
adjustment: 26,250 SF)
24,976 SF
SUBTOTAL:
RESTAURANTS, BARS,
LOUNGES Specific Plan
Use Category
20,334 SF 20,500 SF (Specific
Plan allows up to 5%
adjustment: 21,525 SF)
20,334 SF
TOTAL FLOOR AREA 212,034 SF 220,950 SF (Overall
Max. Allowable)
220,950 SF
Above Grade Floor Area
Ratio (FAR)
3.75 3.9 3.9
Planning Commission Report
Cheval Blanc Beverly Hills Specific Plan
October 28, 2021
Proposed
Conceptual Plan
Proposed Specific
Plan Maximum1
Projected Buildout to
Specific Plan
Maximum2
Site FAR 4.03 4.2 4.2
1 The “Specific Plan Maximum” is the regulatory limit included in the Specific Plan. The Specific Plan sets a maximum size limit for three broad use categories (1. HOTEL/CLUB, 2. RETAIL, 3. RESTAURANT/BAR) and allows for the floor area in each use category to be adjusted by up to 5% as long as overall floor area does not exceed 220,950 SF. 2 “Projected Buildout to Specific Plan Maximum” are floor area approximations for the purpose of completing a conservative CEQA analysis. The approximation allocates floor area to use categories to illustrate Project buildout to the 220,950 SF Specific Plan floor area maximum. The approximation assumes more floor area would be allocated to the hotel use category if the Project was built out to the 115 hotel room Specific Plan maximum compared to 109 hotel rooms included on the conceptual plans.
Table 2 below summarizes key development standards included in the Specific Plan and how the Conceptual Plan meets the proposed standards:
Table 2: Specific Plan Development Standards and Conceptual Plan Compliance Proposed Conceptual Plan Proposed Specific Plan Standard Building Height 4 stories/50’ on Rodeo Drive with
multiple step-backs to 9-stories/115’
on Beverly Drive
Height envelope: 4 stories/51’ on Rodeo
Drive with multiple step-backs to 9-
stories/115’ on Beverly Drive
Parking 178 Spaces 178 Spaces, based on Parking Demand
Analysis Study
Event Parking 236 spaces can be provided with
aisle stacked parking
Accommodate 227 space special event peak
parking demand
Parking Under
Sidewalk
Parking located at least 10’ below
grade, extends to existing curbs
Parking encroaching under sidewalk must be
at least 10’ below grade and cannot extend
beyond existing curb
Motor Court capacity 9 total pick-up drop off spaces, 2 allocated to taxi/rideshare
9 pick-up drop off spaces, 2 must be
allocated to taxi/rideshare
Truck Loading 2 spaces, 35’ by 12’ by 14’ 2 spaces, 35’ by 12’ by 14’ 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
5% of vehicle spaces for long-term in
basement and 5% for short-term at grade
Public Plaza Compliant area identified on
conceptual plan
Must be provided with enhanced paving and
private artwork per Specific Plan exhibit
Green Building Plans refer to required features LEED Silver required, with specific features Hotel and Club
Outdoor Uses Hours of
Operation1,
N/A2 Sunday to Thursday: 6 AM to 12 AM
Friday/Saturday: 6 AM to 2 AM
Retail Hours of
Operation
N/A2 Sunday to Thursday: 7 AM to 10 PM
Friday/Saturday: 9 AM to 10 PM
Spa Hours of
Operation
N/A2 Sunday to Thursday: 7 AM to 10 PM
Friday/Saturday: 7 AM to 10 PM
Restaurants Hours of
Operation1
N/A2 Sunday to Thursday: 6 AM to 12 AM
Friday/Saturday: 6 AM to 2 AM
Public Use of
Penthouse1
N/A2 Sunday to Thursday: 6 AM to 12 AM
Friday/Saturday: 6 AM to 2 AM
1 Outdoor Amplified entertainment only permitted between 11 AM and 11 PM. 2 Allowed hours are an operational standard, thus are not shown on Conceptual Plan.
Planning Commission Report
Cheval Blanc Beverly Hills Specific Plan
October 28, 2021
ENVIRONMENTAL ASSESSMENT
This project is being assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The City prepared an Initial Study to determine the proposed Project’s potential impact on the environment. After reviewing the Initial Study, the City has determined that this Project may have a significant effect on the environment. Accordingly, a Draft Environmental Impact Report (Draft EIR) has been prepared. The 45-day public review period for the Draft EIR is Friday, September 17, 2021 through Monday, November 1, 2021. The public review period is currently underway, and the purpose of this staff report and public hearing is to provide an opportunity for the public to comment on the Draft EIR and/or Project, as well as for the Planning Commission to become familiar with the Project and offer comments on the Draft EIR. No formal action can be taken on the proposed Project until the conclusion of the public comment period.
The Draft EIR addresses impacts identified by the Initial Study to be potentially significant. The following issues were found to include potentially significant impacts and have been studied on the Draft EIR:
• 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)
The alternatives section of the Draft EIR (Section 5.0), prepared in accordance with Section 15126.6 of the CEQA Guidelines, is intended to study potential environmental impacts associated with alternative development scenarios in lieu of the proposed Project. The alternatives discussion evaluates the CEQA-required “no project” alternative and four other development scenarios.
Table ES-2 in the Draft EIR Executive Summary (see pages ES-19 through ES-42) summarizes the Project’s environmental impacts in the issue areas studied in the Draft EIR, lists proposed mitigation measures, and indicates residual impacts (the degree of impact remaining after application of mitigation). As summarized in Table ES-2, residual impacts are less than significant for all issue areas studied in the Draft EIR.
In preparing the Draft EIR, use was made of pertinent City policies and guidelines, previously completed technical studies provided by the Applicant, and background documents prepared by the City. A full reference list is contained in Section 7.0 of the Draft EIR, References and Report Preparers.
PUBLIC OUTREACH AND PUBLIC HEARING NOTIFICATION
On November 13, 2020, a Notice of Preparation of an Environmental Impact Report and Public Scoping Meeting was published in the Beverly Hills Courier newspaper (and the Beverly Hills Weekly on November 19, 2020), mailed to all property owners and residents within the Beverly Hills Municipal Code (BHMC) required noticing area and all registered interested parties, and posted at the Project Site. On December 2, 2020, the video conference scoping meeting was held to provide an opportunity for the public to identify what environmental issues should be included in the Draft EIR. The scoping meeting was held during a 35-day public comment period for the Planning Commission Report
Cheval Blanc Beverly Hills Specific Plan
October 28, 2021
preparation of the Draft EIR, which occurred from November 13, 2020 to December 18, 2020 (period exceeded the 30 day CEQA required minimum). All public and agency comments received during the comment period, as well as at the scoping meeting, are summarized in Table
1.0-1 of the Draft EIR’s Introduction section (See pages 1.0-8 through 1.0-15).
On September 17, 2021, the Notice of Public Hearing and Notice of Availability of the Draft EIR was published in the Beverly Hills Courier newspaper (and the Beverly Hills Weekly on September 23, 2021), mailed to property owners and residential occupants within the required mailing radius and all registered interested parties, and posted on the Project Site (Attachment A). The notice identified that the CEQA required 45-day circulation period for public review and comment on the Draft EIR will occur between September 17, 2021 and November 1, 2021. Since the publication of the Notice of Availability, and as of the writing of this report, nine written correspondence regarding the Project have been received and are attached (Attachment D).
Table 3 – Planning Commission Hearing Noticing Summary
Type of Notice Required
Period
Actual
Period
Required
Notice Date Actual Notice Date
Newspaper Notice 20 Days 41 Days 10/8/21 Courier - 9/17/21 Weekly – 9/23/211
Mailed Notice
(Owners & Residential
Occupants - 1000' Radius)
20 Days 41 Days 10/8/21 9/17/21
Property Posting 20 Days 41 Days 10/8/21 9/17/21
Agenda Posting 72 Hours 7 Days 10/25/21 10/21/21
Website 72 Hours 7 Days 10/25/21 10/21/21 1 As a practice notices are published in two newspapers, the second notice occurring after the start of the noticing period
CEQA PROCESS AND PROJECT REVIEW
The City approvals required for the Project include:
• Approval of a General Plan Amendment to: 1) create the “Cheval Blanc Beverly Hills Specific Plan” land use designation and apply it to the Project Site, and; 2) modify General Plan Land Use Element Policy LU 9.4 regarding anchor location design criteria to specifically identify that the criteria applies to the Project Site (legislative request). • Approval of the Cheval Blanc Beverly Hills Specific Plan (legislative request). • Approval of Zone Text and Map Amendments to add the Cheval Blanc Beverly Hills Specific Plan to the BHMC and assign the Cheval Blanc Beverly Hills Specific Plan zoning designation to the Project Site (legislative request).
• Approval of the requested Development Agreement (legislative request). • Approval of a Vesting Tentative Parcel Map to merge the four existing lots and relocate the public alley surface right-of-way.
• Encroachment Permits to allow: 1) subsurface utility vaults to encroach into the public right-of-way; 2) the Project’s parking facility to extend, at a minimum 10’ depth, under the public sidewalk; and 3) installation and maintenance of landscaped parkways and special paving in the public right-of-way fronting the Project Site on North Rodeo Drive, South Santa Monica Boulevard and North Beverly Drive.
Planning Commission Report
Cheval Blanc Beverly Hills Specific Plan
October 28, 2021
• Approval of a Master Plan of Streets amendment to: 1) relocate the existing public alley; 2) modify the right-of-way requirements for South Santa Monica Boulevard and North Rodeo Drive to maintain the existing roadway configuration; and 3) dedicate additional public sidewalk area on South Santa Monica Boulevard.
• Other approvals not yet submitted to the City include: Architectural Review, After Hours Construction Permit, and Building and Construction Permits.
Regarding legislative land use matters, the City Council is the decision-making authority, with the Planning Commission responsible for making recommendations to the Council. Prior to any recommendations or decisions being made on the requested entitlements, the Project is subject to environmental review under the provisions of CEQA. The chart below provides an overview of the CEQA process as it relates to the City’s overall decision-making process:
Figure 4 – CEQA Review Process
The Draft EIR has been prepared and is currently within the required 45-day circulation and public comment period. The purpose of this Planning Commission hearing is to provide an opportunity for members of the public, interested agencies, and the Planning Commission to comment on the content and adequacy of the Draft EIR during the required comment period, which will close on November 1, 2021. Upon completion of the comment period, the City will prepare a Final EIR and include responses to the comments received. The Project will then be scheduled for a Planning Commission public hearing for a recommendation on the requested entitlements and the CEQA findings. After Planning Commission review and recommendation, the Project entitlements and Final EIR will be scheduled for a City Council public hearing for final decisions.
City prepares Initial
Study
City circulates Notice of
Preparation
(30-Day Minimum)
City prepares Draft EIR
City files Notice of
Completion/Availability
(45-Day Minimum)
*Current Step in Process
City prepares Final EIR
Planning Commission
provides
recommendations on
CEQA findings and
entitlements
City Council makes final
decision on CEQA
findings and
entitlements
Planning Commission Report
Cheval Blanc Beverly Hills Specific Plan
October 28, 2021
CEQA ISSUES NOT STUDIED IN DRAFT EIR
The Initial Study for the Project, released on November 13, 2020, identified ten environmental issue areas with potential for significant environmental impacts. These ten issue areas are studied in the Draft EIR. In addition, Biological Resources was added as an issue area studied in the Draft EIR to respond to comments received from the California Department of Fish and Wildlife (CDFW) during the EIR scoping period regarding the need to evaluate potential impacts on bat species.
The Initial Study includes findings for the issues for which it was determined that additional analysis in the Draft EIR was not warranted. The Initial Study is included as Appendix A to the Draft EIR. Table 4 below provides a brief synopsis of the Initial Study findings for issue areas and issue area sub-topics not studied in the Draft EIR.
Table 4 - Issues Not Studied in the Draft EIR
Issue Area Initial Study Issue Finding
Aesthetics • The aesthetic impacts of employment center projects on urban infill sites located in transit priority areas, such as the Project Site, are not considered significant for CEQA purposes (PRC §21099(d)). Initial Study aesthetic analysis is provided for informational purposes only.
Agriculture and
Forestry Resources
• No impacts regarding converting farmland to non-agricultural use; conflict with existing zoning for agricultural use or Williamson Act contract; loss of forest or timberland; or conflict with existing zoning for forest land.
Air Quality • A less than significant impact regarding objectionable odors. • All other air quality sub-topics included in Draft EIR.
Biological Resources • No impact on riparian habitat or on state or federally protected wetlands. • No conflict with local, regional or state habitat conservation plans. • The Project’s removal and replacement of street trees does not conflict with local policies or ordinances, impact found to be less than significant. • With compliance with the Migratory Bird Treaty Act, the Project would have a less than significant impact on bird species.
• Responsive to California CDFW scoping comments, an analysis of the Project’s effect on bat species is included in the Draft EIR.
Cultural Resources • Due to the low potential for human remains to be located at the Project Site, and compliance with existing regulations would ensure appropriate treatment of unexpectedly encountered human remains, impact found to be less than significant. • All other historic resources sub-topics included in the Draft EIR.
Geology & Soils • Based on geotechnical and seismic fault investigations completed for the Project Site, less than significant impacts regarding rupture of a known earthquake fault, seismic ground shaking, seismic-related ground failure, liquefaction, soil erosion, or expansive soils.
• No impact regarding landslides; unique geologic features; or the use of septic tanks/alternative waste water systems.
• The sub-topic of paleontological resources is included in the Draft EIR.
Hazards &
Hazardous Materials
• Project Site environmental site assessment reports were completed. Based on the reports the Project would have a less than significant impact regarding accident conditions releasing hazardous materials into the environment; or the creation of a significant hazard on a Government Code §65962.5 listed hazardous materials site. • Through compliance with existing relevant regulations and requirements, the Project would have a less than significant impact regarding hazards due to the routine transport, use, or disposal of hazardous materials, including emissions and handing of hazardous materials within a ¼ mile of a school.
• Less than significant impact related to interference with an emergency response or evacuation plan.
Planning Commission Report
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October 28, 2021
Issue Area Initial Study Issue Finding
• No impact regarding safety hazards due to airports as the Project is not located within two miles of an airport and is not within an airport planning area. • No impact regarding wildland fires as the Project Site is an urban location.
Hydrology & Water
Quality
• Through compliance with existing relevant regulations and requirements, the Project would have a less than significant impact any not violate water quality, waste discharge requirements or otherwise substantially degraded surface or ground water quality.
• Based on the information contained in the submitted hydrology report, the Project would have a less than significant impact regarding substantially decreasing ground water supplies or impeding groundwater recharge.
• Through compliance with existing relevant regulations and requirements, the Project would have a less than significant impact regarding alteration of drainage patterns resulting in erosion/situation or increased rate/amount of surface runoff; exceed capacity of stormwater drainage systems; alteration of drainage patterns; or conflicts with water quality control plans; and sustainable groundwater management plans. • Less than significant impact regarding release of pollutants due to flood, seiche or tsunami, as the Project is 7 miles inland and not within the FEMA 100-year flood hazard area.
Land Use & Planning • Less than significant impact regarding physically dividing an established community. • Land use plans, policies and regulations sub-topic included in Draft EIR.
Mineral Resources • No impact regarding loss of mineral resources.
Noise • No impact regarding excessive noise exposure from airports. • Other noise sub-topics included in Draft EIR.
Population &
Housing
• Less than significant impact regarding inducing substantial growth. • No impact regarding displacing housing or people.
Public Services • Less than significant impact regarding fire protection, police protection, schools, parks, other public facilities.
Recreation • Less than significant impact regarding increased use of recreational facilities that could cause or accelerate deterioration of the facility. • No impact regarding requiring construction or expansion of recreational facilities.
Transportation/Traffic • A study of the reconfigured alley was completed that included vehicle turn movement evaluations. A less than significant impact would occur regarding increased hazards due to a geometric design feature or emergency access.
• Other transportation sub-topics included in the Draft EIR.
Utilities & Service
Systems
• Less than significant impact related to construction or expansion of water, wastewater treatment, storm water drainage, and telecommunication facilities. • Based on review of the City’s Urban Water Management Plan, a less than significant impact as sufficient water supplies would be available to serve the Project.
Less than significant impact regarding adequate wastewater treatment provider capacity.
• Less than significant impact related to solid waste infrastructure capacity, attaining solid waste reduction goals or compliance with solid waste regulations. • The Project’s demand on existing energy resources is included in the Draft EIR.
Wildfire • No impacts regarding emergency response plans, wildfire spread, exposure to risk, or installation of infrastructure that results in increased wildfire risk.
Planning Commission Report
Cheval Blanc Beverly Hills Specific Plan
October 28, 2021
CEQA ISSUES STUDIED IN DRAFT EIR
Air Quality
The Draft EIR evaluated the Project’s potential for air quality impacts (Section 4.1). The analysis of the required thresholds concluded:
• Would the Project conflict with or obstruct implementation of the applicable air quality plan?
o The quantitative air quality emissions analysis identifies the Project would not exceed South Coast Air Quality Management District (SCAQMD) significance thresholds for pollutants. Therefore: 1) Project construction will not result in a significant impact with regard to local air quality; 2) Project operation would not increase the frequency or severity of an existing Carbon Monoxide (CO) violation or cause or contribute to a new CO violation, and; 3) Project operation would not delay timely attainment of the air quality standards or interim emission reductions specified in the SCAQMD 2016 Air Quality Management Plan (AQMP). o The Project is consistent with AQMP population, housing and employment growth assumptions. As infill development located near transit, the Project is consistent with the AQMP goals of reducing Vehicle Miles Travelled (VMT) and related vehicle emissions, thus the Project would not conflict with or obstruct implementation of the AQMP.
o The Project is consistent with the air quality related goals in the City’s General Plan and Sustainable City Plan.
o The Draft EIR concludes that the Project would be consistent with the regional plan (2016 AQMP) for attainment of federal and state air quality standards and applicable City air quality policies, therefore the Project’s impacts regarding air quality plans would be less than significant without mitigation. (See pages
4.1-30 to 4.1-51)
• Would the Project result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is non-attainment under an applicable federal or state ambient air quality standard?
o The Draft EIR models Project emissions for six air pollutants of primary state and federal concern using industry standard CalEEMod software. The analysis concludes, based on the CalEEMod results, that Project construction will not exceed any SCAQMD daily significance levels for the analyzed pollutants. The analysis concludes, based on CalEEMOD results, that Project operation (measuring the Project’s increase in operational emissions when compared with existing uses on the site) would not exceed SCAQMD thresholds. o The Draft EIR concludes that both Project construction and operational air pollutant impacts are less than significant without mitigation. (See pages 4.1- 51 through 4.1-56)
• Would the Project expose sensitive receptors to substantial pollutant concentrations? o Evaluation of the amount of pollutant exposure the Project could have on the nearest sensitive receptor during construction was completed using SCAQMD “localized significance threshold” methodology. The evaluation concludes that the Project would not expose the nearest sensitive receptor (the Beverly Hills Presbyterian Church preschool located 280’ from the Project Site) to pollutants in excess of the localized significance threshold during construction. o Project operation would not introduce a major new source of air pollution to the Project Site.
Planning Commission Report
Cheval Blanc Beverly Hills Specific Plan
October 28, 2021
o The Draft EIR concludes that, at Project buildout, intersections in the vicinity would still have traffic volumes significantly below the daily traffic volumes the SCAQMD has identified that would be expected to generate Carbon Monoxide “hotspots”. o The land uses proposed at the Project Site would generate toxic air contaminants (which include diesel particulate matter, industrial manufacturing processes and the use of certain hazardous materials) below thresholds warranting further study. o Thus the Draft EIR concludes the Project’s impacts regarding exposing sensitive receptors to substantial pollutant concentrations would be less than significant without mitigation. (See pages 4.1-56 through 4.1-61). • Project Cumulative Air Quality Impacts:
o The SCAQMD recommends evaluating cumulative impacts for individual projects based on whether the Project exceeds SCAQMD daily thresholds for identified pollutants. Neither Project construction nor Project operation would exceed SCAQMD thresholds. Therefore cumulative impacts related to air quality during both construction and operation of the Project would be less than significant without mitigation. (See pages 4.1-61 to 4.1-62).
Biological Resources (Bats)
The Initial Study originally concluded that this topic did not require evaluation in the Draft EIR.
However, responsive to comments received from the CDFW regarding bat species, the topic has been included in the Draft EIR (Section 4.2). A Bat Habitat Assessment Memorandum was completed for the City by GPA Consulting. This memorandum included both a literature review/records search and on-site bat habitat assessment. The Draft EIR concludes the following regarding the two thresholds relevant to bat species:
• Would the Project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the CDFW or U.S. Fish and Wildlife Service?
• Would the Project substantially interfere with the movement of any native or migratory species or with wildlife corridors or impede the use of native wildlife nursery sites? o GPA’s database search concluded that there have been no recordings of bats within the Project Site or immediate vicinity in the last 10 years. GPA’s bat habitat assessment involved inspection of the 15 street trees that will be removed and replaced as part of the Project and a 60-foot buffer area around the Project site.
No bats or visible signs of bat presence (guano and/or staining) were observed within the assessment area. The assessment concluded the assessment area contained marginal quality bat roosting habitat. Because the palm trees on the street that would be removed as part of the Project appear to provide marginal bat roosting habitat, three mitigation measures are recommended. In brief, these mitigation measures are summarized as:
BIO-MM-1 requires biological survey to identify the presence of bats and active bat roosting cavities prior to construction. If bats are present, BioMM-1 requires safe eviction of the bats during the non-breeding season, and a 100 foot “no work” buffer during the maternal season. BIO-MM-2 requires that, if bats are present on-site or in adjacent trees, construction may only occur in daylight hours.
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BIO-MM-3 requires that Project tree removal activities occur outside the nesting season to the extent feasible. A biological monitor is required if tree removal activities occur during the nesting season.
The Draft EIR concludes the Project’s impacts regarding bats would be less than significant with mitigation (See pages 4.2-15 to 4.2-19). • Project Cumulative Biological Resources Impacts:
o Similar to the proposed Project, other nearby projects generally involve infill development/redevelopment within highly urbanized areas with little or no bat habitat. Further, due to the site specific nature of impacts on biological resources, nearby projects would address site-specific impacts to bats through the implementation of site-specific recommendations and/or mitigation measures.
Therefore Project cumulative impacts related to biological resources, specifically bats, would be less than significant without mitigation. (See pages 4.2-19 to 4.2-20).
Cultural Resources
Draft EIR Section 4.3 studies the potential for cultural resource impacts. The analysis is based on four Historic Resource Assessment Reports completed by Architectural Resources Group and submitted by the Applicant and a Historic Resources Review Report prepared for the City by the Historic Resources Group. The analysis of potential impacts on archaeological resources is based on South Central Coastal Information Center database search results. • Would the Project cause a substantial change in the significance of a historical resource pursuant to CEQA guidelines §15064.5?
o 456 North Rodeo Drive is a commercial building constructed in 1948 that has been occupied by an assortment of retailers. The first know tenant was the consumer electronics retailer “Crawford’s”. Subsequent tenants include “Raymond Burr Galleries”, and various apparel retailers including “Juicy Couture”. Currently it is the location of the apparel, handbag and other accessories retailer “Celine”. The building has been extensively remodeled since its original construction, does not appear to be associated with events that have contributed to the broad patterns of history, the structure does not embody a distinctive characteristics of a type, period or method of construction and does not appear to be significant for reasons related to architectural design. The building does not meet eligibility criteria for federal, state, or local historic listing and there is not substantial evidence for finding the property to be a historical resource.
o 468 North Rodeo Drive is a commercial building designed by Allan Greenburg and constructed in 1997. It was originally the flagship store for “Tommy Hilfiger”, and then occupied by “Brooks Brothers” until August 2018. The property was constructed 23 years ago, which is generally too recent to be considered a historical resource. Both federal and state historic registries allow for listing of more recently constructed properties of exceptional importance. The building does not exhibit an exceptional level of historical and/or architectural significance needed to substantiate its eligibility for federal, state, or local listing and thus is not considered to be a historical resource.
o 461-465 North Beverly Drive is the former location of the “Paley Center for the Media” and was constructed between 1994 and 1996. The construction of the Paley Center building was the extensive remodeling of two existing commercial structures. The museum was designed by prominent architectural firm Richard Planning Commission Report
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Meier and Partners. As the property was constructed approximately 25 years ago, it was built too recently constructed to be considered a historic resource unless found to be a property of exceptional importance. When the Paley Center is evaluated in the context of the institutional projects in Richard Meier and Partners’ portfolio, it does not meet the definition of exceptional importance needed to substantiate its eligibility for federal, state, or local listing and thus is not considered a historical resource.
o 449, 451 and 453 North Beverly Drive is a commercial structure consisting of three retail storefronts on North Beverly Drive and a storage area on the rear of the property. The property was constructed in 1921 with a significant expansion in 1926. Various retail tenants have occupied the building’s tenant spaces. The property was owned in 1928 (for less than a year) by Ruth Law, a prominent aviator. Ruth Law sold the property to Jack Warner, head of Warner Brother Studios, in 1929. Based on building permit records, Jack Warner appears to have sold the property by the 1950s. An original architect (if used) and original contractor could not be identified. Original ownership of the site by Helen Hudson, wife of local architect W. Asa Hudson, makes it likely that Hudson was associated with construction of the building, but there is a lack of corroborating evidence of this association. The building has been extensively altered over time and these alterations have extensively changed the appearance of the building. Historically significant individuals have owned the building, however there is insufficient evidence to substantiate that the building bears a meaningful relationship with those individuals’ productive lives. The Draft EIR concludes the building doesn’t to meet the criteria for federal, state or local listing and thus is not considered a historical resource.
o The Project involves demolition of all existing buildings on the Project Site. These buildings do not qualify as historical resources. Therefore the Project’s direct impact on historical resources would be less than significant without mitigation.
o No historical resources are immediately adjacent to the Project Site according to the Historic Resources Review Report completed for the Project. The closest historical resource is the Writers and Artists Building, City of Beverly Hills Landmark No. 24, which is located on the northwest corner of North Rodeo Drive and South Santa Monica Boulevard. Project construction vibration has been analyzed and the vibration velocity levels are estimated to be well below the building damage significance threshold for the Writers and Artists building. The Draft EIR concludes that the Project’s indirect impact on historical resources would be less than significant without mitigation. (See pages 4.3-14 to 4.3- 53)2
.
• Would the Project cause a substantial adverse change in significance of an archeological resource pursuant to CEQA guidelines §15064.5?
o The database search did not identify archeological resources on the Project Site or within 0.5 miles of the site. Although the Project is located in an urbanized area that has previously been subject to grading and development, the Project will involve excavation to a depth of 44’. Because unknown and unanticipated 2 The Cultural Resources section of the Draft EIR contains a page numbering error indicating the section as 4.2. The correct section is 4.3 and the numbering will be corrected in the Final EIR.
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archaeological resources could potentially be encountered, mitigation measure CUL-MM-1 is recommended:
Briefly summarized, CUL-MM-1 requires that a qualified archeologist perform inspections of excavation and grading activities and if archeological materials are encountered grading will be diverted or redirected within 100’ of the material to provide an opportunity for evaluation by the archeologist.
The Draft EIR concludes the Project’s impacts regarding archeological resources would be less than significant with mitigation (See pages
4.3-54 to 4.3-55)
2 .
• Project Cumulative Cultural Resource Impacts:
The Draft EIR does not identify direct or indirect historical resources impacts from the Project. In addition historical resources impacts were not identified for two development projects located nearby that are considered related projects in the Draft EIR. The Draft EIR concludes that the Project will not result in a cumulative impact to any historical resources and cumulative impacts to historical resources will be less than significant without mitigation (See page 4.3-55)2
.
Energy
Draft EIR Section 4.4 analyzes the Project’s potential impacts on three energy resources:
electricity, natural gas, and transportation-related energy (petroleum-based fuels). The section evaluates the Project’s demand and makes determinations regarding the Project’s use and conservation for these energy resources. The section also evaluates the Project’s consistency with adopted energy conservation plans and policies.
• Would the Project result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during Project construction or operation?
o The Draft EIR concludes that the Project’s energy requirements during both construction and operation would not significantly affect local and regional supplies or capacity. The Project’s energy use during both peak and base periods would be consistent with future electricity and natural gas projections for the region.
Electricity generation capacity and supplies of natural gas and transportation fuels would be sufficient to meet the needs of Project related construction and operations. During operations, the Project would include energy conservation measures and comply with energy efficiency requirements, such as the CalGreen code. In addition, the Project is proposed to achieve LEED Silver energy efficiency requirements. The Draft EIR concludes that Project impacts related to energy use during both construction and operation would be less than significant without mitigation (See pages 4.4-19 to 4.4-35).
• Would the Project conflict with or obstruct a state or local plan for renewable energy or energy efficiency?
o Project compliance with the State CALGreen Code and City Building Code is mandatory. In addition, the Project would be consistent with the City’s Sustainable City Plan. The Project is also consistent with the regional transportation plan (SCAG 2020-2045 RTP/SCS), specifically the VMT goals of that plan. The Draft EIR concludes that Project impacts associated with consistency with energy regulations would be less than significant without mitigation (See pages 4.4- 35 to 4.4-36).
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• Project Cumulative Energy Impacts:
Based on the Project and related projects’ consistency with: energy efficiency regulations, efficient transportation planning policies, and the energy efficiency improvements of energy providers, the Draft EIR concludes the Project cumulative impacts regarding energy are less than significant without mitigation (See pages 4.4-36 to 4.4-41).
Geology and Soils (Paleontological Resources)
Draft EIR Section 4.5 provides an analysis of the Project’s potential impacts to paleontological resources. A Project specific Natural History Museum records search was completed and is included in the Draft EIR as Appendix F:
• Would the Project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
o The records search indicates that no paleontological resources have been previously recorded at the Project Site. While there are no fossil localities within the Project Site, there are fossil localities nearby in the same sedimentary deposits that occur in the Project area. Given that Project excavation would occur to a depth of 44’, there is a possibility that paleontological artifacts may be inadvertently encountered during Project excavation and the following mitigations (briefly summarized) are recommended:
GEO-MM-1 requires that a qualified Paleontologist be responsible for monitoring/overseeing monitoring during Project grading and excavation activities. GEO-MM-2 identifies the Paleontologist has authority to temporarily halt or divert construction work if fossils or potential fossils are encountered. GEO-MM-3 identifies that significant fossil finds must be curated into an accredited repository. Also the Paleontologist shall prepare a monitoring and mitigation report that will be submitted to the City to document the results of monitoring and any discoveries.
The Draft EIR concludes that Project impacts to paleontological resources would be less than significant with mitigation. (See pages 4.5-4 and 4.5-6) • Project Cumulative Paleontological Impacts:
Impacts to paleontological resources are generally specific. Project cumulative impacts to paleontological resources are less than significant without mitigation (4.5-6-4.5- 7).
Greenhouse Gas Emissions (GHG)
Draft EIR Section 4.6 studies the Project’s potential for greenhouse gas (GHG) emission impacts.
The Draft EIR evaluates Project GHG emissions against two thresholds: 1) consistency with applicable plans, policies and regulations for the reduction of GHG emissions (qualitative analysis) and 2) a SCAQMD ‘bright-line threshold’ (quantitative analysis). • Would the Project conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs?
• Would the Project generate GHG emissions, either directly or indirectly, that may have a significant effect on the environment?
o Qualitative Analysis: The Draft EIR identifies the Project complies with or exceeds the regulatory requirements of the California Air Resources Board (CARB) Climate Change Scoping Plan, Southern California Association of Governments Planning Commission Report
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(SCAG) 2020-2045 Regional Transportation Plan, and the Beverly Hills Sustainable City Plan, as well as other relevant plans, policies and regulations. o Quantitative Analysis: The ‘bright-line threshold’ is based on guidance provided by SCAQMD, which identifies an annual GHG emissions screening criterion of 3,000 MT CO2e per year. Project emissions are calculated at 1,966 MT CO2e per year for the Project and thus do not exceed the ‘bright-line threshold’. o Conclusion: Both Quantitative and Qualitative analyses conclude Project GHG impacts would be less than significant without mitigation (See pages 4.6-51 to 4.6-75).
• Project Cumulative GHG Impacts:
o A Project’s GHG emissions analysis is inherently a cumulative impacts analysis because climate change is a global problem and the emissions from any single Project would be negligible. Given the Project’s consistency with statewide, regional and local plans adopted for the reduction of GHG emissions, the Draft EIR concludes that the Project’s incremental contribution to GHG emissions would not be cumulatively considerable. Project cumulative GHG impacts would be less than significant without mitigation (See pages 4.6-75 and 4.6- 76)
Land Use and Planning
Draft EIR Section 4.7 analyzes the Project’s consistency with applicable land use plans, policies and regulations adopted for the purpose of avoiding or mitigating an environmental effect. • Would the Project cause a significant environmental impact due to a conflict with any land use plan, policy or regulation adopted for the purpose of avoiding or mitigating an environmental effect?
o The Project’s consistency with the City’s General Plan is examined on a policyby-policy basis and concludes the Project would not conflict with these applicable policies. The analysis also concludes that, with the establishment of the requested Specific Plan, the Project would not conflict with the applicable provisions of the BHMC. The Project’s consistency with regional land use plans (SCAG 2020-2045 RTP/SCS and SCAQMD AQMP) are also examined and it is concluded that the Project would not conflict with the goals and policies of those regional plans. The Draft EIR determines the Project’s impacts related to conflicts with applicable land use plans would be less than significant without mitigation (See pages 4.7-10 to 4.7-58).
• Project Cumulative Land Use Plans Impacts:
o The Draft EIR identifies that the Project and the identified related projects would all have to comply with relevant land use policies and regulations and are subject to CEQA review. Additionally, related projects in the City of Beverly Hills generally consist of infill development and redevelopment of existing uses, which are encouraged by the land use policies of the Beverly Hills General Plan. The Draft EIR determines Project cumulative impacts with regard to conflict with land use plans would be less than significant without mitigation (4.7-58 and 4.7- 59).
Noise
Draft EIR Section 4.8 analyzes the Project’s potential for noise and vibration impacts during construction and operation. The section describes the existing noise environment of the Project Planning Commission Report
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Site area. The noise calculations, completed for the City by the firm Acoustical Engineering Services, estimates future noise and vibration levels due to Project construction and operation at surrounding sensitive land uses.
• Would the Project result in generation of substantial temporary or permanent increase in ambient noise levels in the vicinity of the Project in excess of standards established in the general plan or noise ordinance, or applicable standards of other agencies? o On-Site Construction Noise: The Draft EIR identifies the closest noise sensitive receptors as Beverly Hills Presbyterian Church (approximately 280’ from the Project Site) and single family residential properties located north of Beverly Gardens Park (beginning approximately 525’ from the Project Site). To provide a conservative analysis, it was assumed that all construction equipment would be operated simultaneously and located on the portion of the construction area closest to the sensitive receptors. The noise analysis does take into account that existing buildings on the north side of South Santa Monica Boulevard would provide some noise screening of the construction site. The analysis concludes that project construction noise levels would not exceed the +5 dBA significance threshold at either of the two closest noise sensitive receptors, the Project onsite construction noise impacts would be less than significant without mitigation (See Pages 4.8-27 to 4.8-29).
o Off-Site Construction Noise: The Project’s off-site construction noise would be due to construction related vehicles, with the major noise source being construction delivery/haul trucks. Construction hauling is planned to occur in the evening and overnight hours. The Project’s designated truck haul route between the hours of 7 PM and 10 PM is: inbound from the I-10 Freeway to northbound La Cienega Boulevard and westbound on San Vicente Boulevard/Burton Way/South Santa Monica to the Project Site, with the inverse for outbound trips.
Between the hours 10 PM and 7:30 AM inbound trucks will travel westbound on Wilshire Boulevard from La Cienega Boulevard and turn right on Camden Drive, and turn right on South Santa Monica Boulevard to access the Project Site.
Overnight truck trips leaving the Project Site will travel southbound on North Beverly Drive and turn eastbound on Wilshire Boulevard to southbound La Cienega Boulevard to access the I-10 Freeway. The estimated increased noise caused by the haul trucks would not exceed applicable City of Beverly Hills and City of Los Angeles noise thresholds for noise sensitive land uses located in proximity of the haul route. The Project off-site construction noise impacts would be less than significant without mitigation (See pages 4.8-29 to 4.8- 31).
o Operational Noise: The Project’s on-site operational noise sources includes mechanical equipment and outdoor use where people could gather and converse.
Outdoor spaces include the hotel outdoor pool terrace on level 6, outdoor terraces associated with bar/dining on levels 7 and 8, and the level 9 penthouse pool terrace. The on-site operational noise modelling takes into account Project design features, including 6’ tall visually transparent solid acoustics barriers around the outdoor areas located on levels 6 through 9 and amplified sound systems specifically designed to control maximum noise levels. The Project’s off-site operational noise sources would be future Project related traffic. Mechanical equipment operational noise, outdoor area operational noise and Project related traffic noise were all individually modelled and each operational noise source did Planning Commission Report
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not exceed applicable noise thresholds at the identified noise sensitive receptors.
The composite noise impact from all Project’s operational noise sources was also evaluated and composite noise did not exceed the applicable thresholds, thus the Draft EIR determines that Project operational noise impacts would be less than significant without mitigation (See pages 4.8-31 to 4.8-41). • Would the Project result in generation of excessive groundborne vibration or groundboune noise levels?
o Project operation will not generate vibration levels perceptible at off-site sensitive uses. The Draft EIR identifies that Project construction would generate the most ground-borne vibration during building demolition and site excavation. Estimated vibration levels at buildings immediately abutting the Project site to the south could exceed the 0.5 peak particle velocity (PPV) significance threshold.
Therefore during construction vibration impacts associated with building damage could occur on adjacent buildings to the south and mitigation is recommended. Briefly summarized, MM-NOI-1 requires that, prior to construction, a structural engineer to visit the two adjacent buildings to the south to inspect and document the baseline physical conditions of the buildings and prepare a shoring design. Also prior to construction, an acoustical engineer must develop a vibration monitoring program to record and document construction vibration levels at the two buildings. The vibration monitoring system must include a warning when 0.4 PPV is reached and also identify if 0.5 PPV is reached. The monitoring must provide real-time alerts. If 0.4 PPV is reached, the contractor must identify feasible steps to reduce vibration generation and submit these to the City Building Official for review and approval. If the 0.5 PPV threshold is reached then the contractor must halt construction and inspect and document the two building for damage. Additional feasible steps to reduce vibration levels shall be identified and submitted to the Building Official for review and approval. Construction may restart once vibration levels are re-measured below the warning level.
With implementation of MM-NOI-1 to ensure vibration levels at the two adjacent commercial buildings south of the Project Site would not exceed
0.5 PPV, Project construction vibration impacts would be less than significant with mitigation (See pages 4.8-43 to 4.8-47). • Project Cumulative Noise Impacts:
The potential for cumulative construction noise impacts is specific to the distance between related projects. Two related projects are within 1,000’ of the Project Site and concurrent construction on either of those two sites with Project construction would not result in a cumulative construction noise impact at the two noise sensitive receptors nearest to the Project Site. Regarding off-site construction noise, when construction haul trips are added to the Project trips, the cumulative effect does not exceed the impact threshold for noise sensitive uses located on the Project’s identified haul route. The Draft EIR also finds that cumulative on-site and off-site operational noise would not exceed applicable levels of significance. Given the rapid attenuation characteristics of ground borne vibration, both cumulative construction and operational vibration impacts would be less than significant. In conclusion the Project’s cumulative noise and vibration impacts would be less than significant without mitigation (See pages 4.8-47 and
4.6-55)
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Transportation
Draft EIR Section 4.9 is based on a “Transportation Impact Report” and a “Local Transportation Assessment” which were both prepared for the City by Fehr and Peers in September 2021 (Appendix H). Based on the current requirements of CEQA, the transportation impacts of the Project are evaluated using the Vehicle Miles Traveled (VMT) metric instead of the Level of Service (LOS) intersection vehicle delay metric that was, in the past, routinely used to evaluate project traffic impacts. VMT is a metric based on modelling the number of trips and the length of trips that a project would generate. The VMT metric is seen as more aligned with achieving the state’s environmental goals of reducing GHG transportation emissions and encouraging infill development. VMT is not intended to evaluate the efficient movement of vehicles through the City’s transportation network. The City still requires completion of a LOS analysis of nearby intersections as part of the Local Transportation Assessment for the Project. LOS analysis is information that can be considered by City decision-makers during the entitlement review of the Project rather than the CEQA evaluation of the Project. • Would the project conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? o The Draft EIR evaluates the Project’s potential to conflict with the City’s General Plan, Complete Streets Plan, and Master Plan of Streets, as well as Metro’s First Last Mile Strategic Plan. The Project’s operation would not conflict with these applicable plans. Project construction impacts are also analyzed, including haul truck traffic, delivery and staging of construction materials and equipment, and construction worker traffic and parking. The Draft EIR concludes that Project construction activities could conflict with a program, plan, ordinance or policy addressing the circulation system and the following mitigations (briefly summarized) are recommended:
TRA-MM-1 requires preparation of a Construction Traffic Management Plan prior to construction to reduce construction effects on neighboring properties, nearby businesses, and the roadway network. TRA-MM-2 requires preparation of a Construction Workers Parking Plan prior to construction to ensure all construction worker parking occurs on the Project site or at alternate off-site locations approved by the City. TRA-MM-3 requires the Applicant to stay in regular communication with the City regarding temporary road closures, major deliveries and coordination with the construction of other major projects.
With implementation of the three mitigation measures, the Project’s impacts related to conflicts with City programs, plans, ordinances, and policies addressing the City’s circulation system would be less than significant with mitigation. (See pages 4.9-19 to 4.9-27) • Would the Project conflict or be inconsistent with CEQA Guidelines §15064.3, Subdivision (b).
o CEQA Guidelines §15064.3, Subdivision (b) establishes the criteria for VMT based analysis for Transportation Impacts. In 2019, the City adopted CEQA transportation thresholds of significance consistent with these guidelines and the Project is evaluated based on these adopted thresholds. The retail component of the Project meets the City’s adopted “Project Type Screening”, which identifies that retail projects less than 50,000 SF are presumed to have a less than significant VMT impact. The Project in its entirety meets City’s “Transit Priority Area Planning Commission Report
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Screening”, as the Project meets specific characteristics (FAR and parking) and is located in a transit priority area. The Project’s impacts regarding transportation impacts (VMT-based) would be less than significant without mitigation (See pages 4.9-27 to 4.9-30).
• Project Cumulative Transportation Impacts:
The Draft EIR finds the Project’s cumulative operational and construction transportation impacts less than significant without mitigation (See pages 4.9-30 to
4.9-33).
• For informational purposes the Draft EIR contains a summary of a Local Transportation Assessment recommendation to remove one metered parking space on the north side of South Santa Monica Boulevard to provide more travel lane space so that a storage lane for westbound vehicles turning left into the Project site could be provided and conflicts with westbound through traffic could be reduced (See page 4.9-33).
Tribal Cultural Resources
Draft EIR Section 4.10 studied the Project’s potential for tribal cultural resource impacts. In compliance with state requirements, the City contacted all tribes on the Native American Heritage Commission’s Project specific consultation list. One tribe, the Gabrieleno Band of Mission Indians – Kizh Nation, requested consultation with the City. A time of publication of the Draft EIR, the City was still engaged in consultation with the Tribe. The recommended mitigation measures in the Draft EIR reflect the consultation process at the time of Draft EIR publication. As the consultation process is completed the published Final EIR will reflect any additional changes to the mitigations needed to complete the consultation with the Gabrieleno Band of Mission Indians – Kizh Nation. • Would the project cause a substantial adverse change to in the significance of a tribal cultural resource? (abridged – see Draft EIR for full threshold text) o The depth of Project excavation exceeds the existing maximum depth of disturbance on the Project Site. The Gabrieleno Band of Mission Indians – Kizh Nation considers the Project Site area as part of ancestral tribal territory and has indicated the area to be highly sensitive regarding tribal cultural resources. In consultation with the Tribe, the recommended draft mitigation language (briefly summarized) was developed:
MM-TCR-1 Retain a Qualified principal investigator (archeologist), who will provide an archeological monitoring program to the City. MM-TCR-2 Preconstruction Worker Training will be provided by the archeologist regarding the regulatory requirements for the protection of cultural resources.
MM-TCR-3 requires monitoring for tribal cultural resources by the Gabrieleno Band of Mission Indians – Kizh Nation during initial ground disturbing activities.
MM-TCR-4 provides required procedures if a tribal cultural resource is discovered, including the temporary halting of construction activities within 50’ of the find.
MM-TCR-5 provides required procedures if human remains are discovered, including stopping all construction work within 100’ of the discovery location and immediate notification of the LA County Coroner. MM-TCR-6 provides required procedures for respectful reburial of human remains and/or ceremonial objects. These procedures require approval by the most likely descendants and have specific measures to respectfully Planning Commission Report
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protect human remains temporarily while the final treatment plan is resolved.
With implementation of the recommended mitigation measures, the Project’s impacts related to tribal cultural resources would be less than significant with mitigation. (See pages 4.10-11 to 4.10-17) • Project Cumulative Tribal Cultural Impacts:
The Project and related projects are required to comply with the State’s tribal consultation requirements and applicable regulatory requirements. The Draft EIR concludes that the Project’s cumulative impacts related to tribal cultural resources would be less than significant without mitigation (See pages 4.10-17 and 4.10-18) Utilities and Service Systems (Energy Infrastructure)
Draft EIR Section 4.11 studies the Project’s potential impacts on electricity and natural gas infrastructure. Project potential impacts regarding water, wastewater treatment, stormwater drainage and telecommunications was evaluated in the Initial Study and found to be less than significant.
• Would the Project require or result in the relocation or construction of new or expanded [electric power or natural gas] facilities, the construction or relocation of which could cause significant environmental effects?
o Project construction would not result in an increased demand for electricity that would exceed available supply or distribution infrastructure capabilities. Project construction activities would not generate a need for natural gas. Both the Project’s electricity and gas needs were estimated and it is anticipated that existing and planned capacity and supply for both SCE and SoCalGas will be sufficient to support the Project’s demand for the two energy sources. The Draft EIR determines that Project impacts related to energy infrastructure capacity would be less than significant during construction and operation (See pages
4.11-5 and 4.11-9).
• Project Cumulative Energy Infrastructure Impacts:
o Both SCE and SoCalGas forecast future demand and infrastructure needs. These forecasts take into account population growth, energy efficiency improvements and future development/construction. Additionally, the SCE will-serve letter process takes into account future uses (including development projects) in the service area to ensure that sufficient local and regional infrastructure is adequate.
The Draft EIR concludes that the Project’s cumulative impacts related to energy infrastructure would be less than significant without mitigation (See pages 4.11-9 and 4.11-12)
Other CEQA-Required Discussions
Section 6.0 includes analysis of other CEQA considerations that must be included in an EIR. This discussion includes significant irreversible environmental changes, growth inducing impacts, potential secondary effects of mitigation measures. The discussion (See pages 6.0-1 through 6.0- 14) does not identify any additional significant environmental effects of the Project.
PROJECT ALTERNATIVES STUDIED IN THE DRAFT EIR
As required by CEQA, Section 5.0 of the Draft EIR examines alternatives to the Project. The CEQA Guidelines state that the selection of project alternatives should be based primarily on the ability to avoid or substantially lessen significant impacts relative to the proposed Project, even if Planning Commission Report
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these alternatives would impede to some degree the attainment of the project objectives, or would be more costly. The Draft EIR includes discussion of five alternatives. Massing models of the three alternatives that have a different above ground physical configurations than the Project were produced by the Applicant and are attached for reference (Attachment E). The Alternatives discussion in the Draft EIR compares the environmental impacts associated with each of the alternatives with the impacts associated with the Project. Table 5.0-4 (Pages 5.0-13 through 5.0- 18) summarizes this comparison of environmental impacts. Additionally the Alternatives section includes a discussion of the extent to which each of the alternatives meets the Project Objectives.
Table 5.0-3 (Page 5.0-9) is a summary of this Project Objectives analysis.
Alternative 1: No Project
This CEQA required alternative assumes that the Project would not be implemented, no new development would occur within the Project Site, and the existing physical conditions on the site would remain as they are today. The existing retail buildings at 456 and 468 North Rodeo Drive would remain and the existing former location of the Paley Center at 461-465 North Beverly Drive and the commercial structure at 449-453 North Beverly Drive would also remain. Although the majority these structures are currently vacant, for the purposes of alternatives analysis it is assumed that the buildings are fully occupied. The configuration of the existing alley that bisects the Project Site would not be changed.
As discussed on Pages 5.0-19 through 5.0-28, this alternative involves no construction or changes to operation at the site, the No Project Alternative would not result in significant impacts in any of the environmental topics evaluated. Regarding Project Objectives, Alternative 1 alternative would not meet the underlying purpose of the Project of revitalizing the Project Site with a high quality hotel development project.
Alternative 2: Reduced Excavation and Reduced Parking Alternative This alternative assumes the same above ground development characteristics as the proposed Project: 220,000 SF of floor area, up to 115 hotel rooms and varied roof height of 51’ on North Rodeo Drive to 115’ on North Beverly Drive. The alternative would eliminate the Project’s third proposed subterranean parking level, thus reducing parking by 61 spaces for a total of 117 parking spaces. Stacked parking would also be necessary to achieve the reduced number of spaces in the two underground levels. Project excavation would be reduced from the Project’s 44’ in depth to approximately 35’ in depth.
To summarize the analysis on Pages 5.0-29 through 5.0-43, Alternative 2 would reduce construction related impacts because of the elimination of one level of subterranean excavation.
However Alternative 2 would not eliminate any of the Project’s impacts which are less than significant or less than significant with mitigation. Impacts under Alternative 2 would be similar to, or less than, those of the Project. Regarding Project Objectives, Alternative 2 would meet the underlying purpose of the Project to the same extent of as the Project and provide the same high quality hotel development including publicly accessible dining uses at the site, and provide for the same design and service standards at the Project.
Alternative 3: Zoning Compliant Alternative
This alternative considers development at the Project Site in accordance with the existing C-3 zoning designation and Commercial General Plan land use designation. Alternative 3 would include 36 hotel guest rooms and maintain retail uses. One level of underground parking with an excavation depth of approximately 15’ would be provided with capacity for 90 parking spaces.
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The Project’s restaurant, bar, wellness center, spa, private club and penthouse use would all be eliminated in Alternative 3. The hotel motor court would be located on North Beverly Drive and the existing alley would remain at its existing location. Alternative 3 would provide 105,214 SF of floor area to be compliant with the 2.0 FAR maximum of the C-3 zone.
Alternative 3 is analyzed on pages 5.0-44 through 5.0-59. In summary, Alternative 3 would reduce construction and operational activities due to the elimination of Project features including the restaurant, bar, wellness center, spa, private club, penthouse uses and pool decks. While Alternative 3 would not eliminate any of the Project’s impacts which are less than significant or less than significant with mitigation, it would reduce many of these impacts to a greater degree than the other alternatives due to the substantial reduction of excavation and floor area. Thus Alternative 3 is identified as the environmentally superior alternative. Regarding Project Objectives, Alternative 3 would not meet the underlying purpose of the Project of developing a high quality hotel development, as many of the features intrinsic to a high quality hotel are eliminated.
Alternative 4: Reduced Height Alternative
Alternative 4 would include the same uses, floor area, and parking spaces as the proposed Project but would redistribute the massing of the building to reduce the overall building height from a maximum of 115’ and nine stories to 89’ and seven stories. Alternative 4 would also reorient the Project’s proposed building massing so that it has a u-shaped configuration on the upper levels that is oriented to the south. Thus the bulk of the building massing would be located between upper level outdoor space where sound amplification is proposed and the residential neighborhood located to the north of the Project Site.
Alternative 4 is analyzed on pages 5.0-60 through 5.0-76. In summary, the vast majority of impacts of Alternative 4 remain similar to the impacts of the Project. The effect of outdoor area operational noise on nearby noise sensitive receptors may be reduced in comparison to the Project. Land use impacts would be increased in comparison to the Project as the revised design would be less consistent with certain applicable land use policies. Regarding Project Objectives, Alternative 4 provides similar floor area, thus include the same range of uses and hotel rooms as the Project.
However the height reduction would result in elimination of building step-backs, modulation, and articulation. The design revision would also reduce the amount of natural light that would reach guest rooms and the project components (restaurant, spa, wellness center and club use). The amount of open space would also be reduced. While Alternative 4 would not provide a high quality hotel development, it would still provide for a publicly accessible restaurant and encourage pedestrian activity in the vicinity of the Project site, thus partially meet the underlying Project Objectives.
Alternative 5: Reduced Project Alternative
Alternative 5 would develop the site is a similar fashion as the Project, but at a reduced scale that includes elimination of the third subterranean level and all publicly-accessible uses except ground-floor retail on Rodeo Drive. Alternative 5 would provide for 168,403 SF of floor area (a 52,546 SF reduction) with an above ground FAR of 3.0 and a total FAR of 3.2. The number of hotel rooms would be reduced by 30 to 85 rooms. Alternative 5 building height would range from 5-stories and 66’ (a 15’ increase in height) on North Rodeo Drive to 7-stories and 95’ on North Beverly Drive (a 20’ decrease in height). Alternative 5 would eliminate the private club and eliminate the ground floor publicly accessible restaurant.
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October 28, 2021
As analyzed on pages 5.0-77 through 5.0-92, Alternative 5 would reduce construction and operational impacts due to reduction in uses, floor area and parking. However, Alternative 5 would not eliminate any of the Project’s less than significant or less than significant with mitigation impacts. The impacts of Alternative 5 are mostly similar to, or less than, those of the Project, except for impacts regarding land use and planning, which would be greater due to Alternative 5 not supporting certain land use policies to the same extent as the Project. Regarding Project Objectives, Alternative 5 would provide a similar mix of uses as the Project, such uses would be reduced and, in some cases, eliminated. As such, Alternative 5 would only partially meet the underlying purpose of the Project to revitalize the site by developing a high quality hotel development.
NEXT STEPS
It is recommended that the Planning Commission open the public hearing, receive public comments on the Draft EIR and provide staff with comments as appropriate.
Report Reviewed By:
Timothea Tway, AICP,
City Planner
City of Beverly Hills
Planning Division
455 N. Rexford Drive Beverly Hills, CA 90210
TEL. (310) 285-1141 FAX. (310) 858-5966
Planning Commission Report
Attachment(s):
A. Required Findings
B. Public Notice
C. Public Correspondence
D. Registered Legislative Advocates List
E. October 28, 2021 Planning Commission Staff Report (w/o attachments) F. Draft Specific Plan dated January 10, 2022
G. Scenic Views Study dated October 15, 2020
H. Solar Shading Study dated August 13, 2020 w/ September 1, 2020 update I. Street Master Plan Sheet 53
J. Proposed modifications to Street Master Plan Sheets 30/31 and Sheet 53 K. Hirsch/Green Transportation Alley Study dated January 18, 2022 L. Loading and Deliveries information dated December 28, 2021 M. Motor Court/Porte Cochere Study dated October 19, 2020 N. Kimley Horn Parking Demand Analysis dated January 6, 2022 O. Valet Parking Plan dated December 31, 2021
P. Fehr and Peers Local Transportation Assessment dated September 2021 Q. Matt Construction Site Logistics Plan dated March 9, 2020 R. Conceptual Architectural Plans, dated December 28, 2021 (under separate cover)
S. Proposed Vesting Tentative Parcel Map No. 82872 (under separate cover) T. Cheval Blanc Model Views dated June 9, 2020 (under separate cover) U. Final Environmental Impact Report (under separate cover and available at www.beverlyhills.org/environmental)
V. Final EIR Mitigation Monitoring and Reporting Program (MMRP) Report Author and Contact Information:
Masa Alkire, AICP, Project Manager
(310) 285-1135
[email protected]
Meeting Date: February 10, 2022
Subject: 456 and 468 NORTH RODEO DRIVE; 449, 451, and 453 NORTH BEVERLY DRIVE; and 461 through 465 NORTH BEVERLY DRIVE
(CHEVAL BLANC BEVERLY HILLS SPECIFIC PLAN PROJECT)
General Plan Amendment, Specific Plan, Zone Text and Map Amendments, Master Plan of Streets Amendment, Vesting Tentative Parcel Map, Encroachment Permits, Development Agreement and Final Environmental Impact Report (PL2000138)
A request for a new specific plan to allow for comprehensive redevelopment of the Project Site with a 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. Pursuant to the provisions set forth in the California Environmental Quality Act, the Commission will also consider a Final Environmental Impact Report.
Project Applicant: 468 N Rodeo Drive LLC, 456 N Rodeo Drive LLC, 461 N Beverly Drive LLC, and 449 N Beverly Drive, LLC (Project Proponent: Cheval Blanc, a division of LVMH)
Recommendation: That the Planning Commission:
1. Conduct a public hearing and receive testimony on the Project; and
2. Provide direction to staff and the Applicant as appropriate Planning Commission Report
Cheval Blanc Beverly Hills Specific Plan
February 10, 2022
REPORT SUMMARY
The Cheval Blanc Beverly Hills Specific Plan Project (“Project”) is a proposal for a single multipleuse building containing a luxury hotel with restaurants and ancillary services, a private club, and street level retail uses facing North Rodeo Drive. The proposed Specific Plan identifies a maximum floor area ratio (FAR) of 4.2 for the Project Site overall, and a maximum above ground FAR of 3.91. The development standards contained in the proposed Specific Plan allow up to 220,950 square feet (SF) of floor area in the building and up to 115 hotel guest rooms. The proposed building varies in height across the Project Site. The proposed building is 4-stories, 51’ tall on the North Rodeo Drive frontage, has multiple step-ups in building height towards the east side of the Project Site, and a maximum height of 9-stories, 115’ tall on the Project’s North Beverly Drive frontage.
This report provides a description of the Project and the requested entitlements. The report includes analysis of various topics including: urban context, site planning and building design, Project land uses, public right of way modifications and encroachments, Project vehicle circulation, Project parking supply, loading facilities, local traffic assessment, Project construction, and proposed Specific Plan administration.
BACKGROUND
Application File Date: 3/12/20
CEQA Recommendation: Environmental Impact Report
Permit Streamlining: Not Applicable (legislative action) Applicant and Owner: 468 N Rodeo Drive LLC, 456 N Rodeo Drive LLC, 461 N Beverly Drive LLC, and 449 N Beverly Drive, LLC
Representative: Deborah Quick, Perkins Coie, LLP
Registered Legislative
Advocates1:
See Attachment D
PROPERTY AND NEIGHBORHOOD SETTING
Property Information
Address: 456 and 468 North Rodeo Drive; 449, 451, and 453 North Beverly Drive; and 461 through 465 North Beverly Drive
Assessor’s Parcel Nos: 4343-016-001, -002, -019 and -023 Zoning District: C-3 Commercial Zone
General Plan Designation: Commercial Low Density General Existing Land Uses: • 468 North Rodeo Drive: 20,265 SF commercial building, former Brooks Brothers location
• 456 North Rodeo Drive: 6,895 SF commercial building, Celine retail location
• 461-465 North Beverly Drive: 23,351 SF institutional building, former Paley Center for Media location
• 449-452 North Beverly Drive: 6,276 SF commercial building, former tenants include Organic Pharmacy and Teuscher
Chocolates
1 Legislative Advocates registered with the City Clerk’s office as of February 2, 2022.
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• Existing north-south alley located between North Rodeo Drive and North Beverly Drive
Lot Dimensions & Area 1.277-acre (55,608 SF) site with frontages of approximately 325’ on South Santa Monica Boulevard, 150’ on North Rodeo Drive, and 188’ on North Beverly Drive.
Year Built: 468 North Rodeo Drive (former Brooks Brothers) - 1997 456 North Rodeo Drive (Celine location) - 1948
461-465 North Beverly Drive (former Paley Center for Media) - substantially rebuilt in 1996
449-453 North Beverly Drive - 1921, substantial expansion in 1926 Historic Resource: Refer to Draft EIR Section 4.3 (Cultural Resources) and Appendix D (Cultural Resources Reports) for detailed information.
Protected Trees/Grove: None
Adjacent Zoning and Land Uses
North C-3 – Commercial Zone (Business Triangle); T-1 Transportation Zone; Parks (Beverly Gardens Park); R-1.X Single Family Residential Zone
East C-3 – Commercial Zone (Business Triangle)
South C-3 – Commercial Zone (Business Triangle)
West C-3 – Commercial Zone (Business Triangle)
Circulation and Parking
Adjacent Street(s): South Santa Monica Boulevard, North Rodeo Drive and North Beverly Drive
Traffic Volume: Refer to Local Transportation Assessment (Attachment P) for detailed information
Alley: 20’ north-south alley (one way southbound)
Roadway/Parkway: North Rodeo Drive: 45’ roadway with 12.5’ parkway both sides.
South Santa Monica Boulevard: roadway varies 50’ to 60’, sidewalk varies 9’ to 10’
North Beverly Drive: 60’ roadway with 12’ parkway
Parking Restrictions: North Rodeo Drive: No Stopping Any Time South Santa Monica Boulevard: No Stopping Any Time
North Beverly Drive: No Stopping near intersection with South Santa Monica Boulevard and five 20-minute parking spaces Nearest Intersections: North Rodeo Drive and South Santa Monica Boulevard North Beverly Drive and South Santa Monica Boulevard
Street Classifications: North Rodeo Drive: Commercial Street South Santa Monica Boulevard: Arterial, Heavy Haul Route east of North Beverly Boulevard
North Beverly Boulevard: Arterial, Heavy Haul Route
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Cheval Blanc Beverly Hills Specific Plan
February 10, 2022
PROJECT LOCATION
The Project Site is located within the northern portion of the Beverly Hills Business Triangle.
Surrounding land uses are primarily a mix of retail and restaurant uses. North of the Project Site, across South Santa Monica Boulevard, are smaller retail and restaurant storefronts. Further to the north, located 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. To the west and south of the Project Site on North Rodeo Drive are the locations of various luxury retailers. Directly east of the Project Site, across North Beverly Drive, is the 9-story, 110’ tall Bank of America Financial Center building and the City owned BeverlyCanon public parking structure. Various commercial properties, including retailers and restaurants, are located south of the Project Site on North Beverly Drive. An existing alley currently bisects the Project Site and provides rear access to commercial properties located on both North Rodeo Drive and North Beverly Drive.
Figure 1: Project Location
PROJECT DESCRIPTION
The Applicant proposes construction of a single multiple-use building that would include a luxury hotel, restaurants, a private club, and appurtenant uses (operated as the Cheval Blanc Beverly Hills); and ground-level accessible retail spaces with frontage on North Rodeo Drive. Cheval Blanc is a division of the LVMH Group, a France-based multinational corporation specializing in luxury goods. The Project is a proposal for a specific plan to regulate the development on the
1.277-acre Project Site. The draft Cheval Blanc Beverly Hills Specific Plan (Attachment F) would establish floor area, height, and use limitations for the plan area. The draft Specific Plan provides for a maximum of 220,950 SF of building floor area and up to 115 hotel guest rooms. Conceptual architectural plans consistent with the proposed development standards of the specific plan have been submitted as part of the application (Attachment R).
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Figure 2: Project Rendering (View SE from S Santa Monica Blvd and N Rodeo Drive) Figure 3: Project Rendering (View SW from S Santa Monica Blvd and N Beverly Drive) Planning Commission Report
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February 10, 2022
Figure 4: Proposed Ground Level
The submitted conceptual plans are for a 212,034 SF building with 109 hotel guest rooms and has the following characteristics:
• The Project Site consists of four parcels: two with North Rodeo Drive frontage and two with North Beverly Drive frontage. The Project Site also includes the portion of the northsouth alley that abuts the subject four parcels. • The existing alley would be relocated from a north-south configuration to the southern portion of the Project Site, accessible from North Beverly Drive. • Widening of the existing sidewalk on South Santa Monica Boulevard is proposed. • Three subterranean levels containing vehicle parking (including long-term bicycle parking), delivery van loading spaces, building systems equipment areas, a central kitchen and employee facilities. The subterranean parking is for hotel guests, retail and restaurant customers, club members, and Project Site employees.
• 24,976 SF of street level accessible retail uses are proposed on North Rodeo Drive. A publicly accessible pedestrian plaza is proposed at the southeast corner of the North Rodeo Drive and South Santa Monica Boulevard intersection. • The building’s motor court would be located on South Santa Monica Boulevard. Valet parking is proposed for the hotel, club, spa, restaurant, and retail uses. • Two on-site ground level truck sized loading bays accessible from the relocated alley.
KEY: Retail Club Restaurant Hotel Motor court Loading Bay Planning Commission Report
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February 10, 2022
• The primary pedestrian entrance to the hotel, private club, spa facility and publicly accessible ground floor restaurant would be a hotel entry lobby facing the motor court. A club pedestrian entrance is proposed on North Beverly Drive. • The 2nd level of the building contains the second level of the Rodeo Drive retail spaces, a second dining level for the ground floor restaurant, and back of house areas. • Hotel guest rooms are proposed to be located on the 3rd through 9th levels. Typical hotel rooms would range from 620 SF to 1,300 SF in size with guest room floor to ceiling heights of 9’-6”. Approximately 7,700 SF of penthouse floor area is proposed. • In addition to hotel guest rooms, the 3rd level is the primary location of private club specific facilities, including social/meeting rooms and a screening room. • Hotel guest rooms and spa facilities (including day spa, beauty/barber services, and cosmetic spa facilities) are proposed to be located on the 4th and 5th levels. • The hotel’s outdoor pool deck with cabanas and bar service is located at the 6th level. A hotel restaurant and hotel guest rooms are also proposed on the 6th level. • A member’s club/hotel bar with adjacent outdoor terrace, as well as additional hotel guest rooms, are proposed on the 7th level.
• A health/wellness center containing fitness equipment and services and adjacent outdoor terrace, and hotel guest rooms, are located on the 8th level. • The hotel penthouse suite is proposed on the 9th level, with adjacent penthouse pool deck.
Table 1 – Floor Area Summary of Proposed Uses/Proposed Specific Plan Limits Proposed Conceptual Plan Proposed Specific Plan Maximum1 Hotel: Guest Rooms 98,673 SF (109 rooms) 115 rooms
Hotel: Lobby and Circulation 23,413 SF
Hotel: Wellness Center 4,924 SF
Hotel: Employee Facilities/
Office/BOH (inc. central kitchen)
19,290 SF
Spa 12,226 SF
Club: Screening Room, Lobby,
Circulation, Meeting Room, Lounge
8,198 SF
SUBTOTAL: HOTEL, CLUB and
APPURTENANT USES Specific Plan
Use Category
166,724 SF 167,500 SF (Specific Plan allows up to
5% adjustment:175,875 SF)
SUBTOTAL: RETAIL USES Specific
Plan Use Category
24,976 SF 25,000 SF (Specific Plan allows up to
5% adjustment: 26,250 SF)
SUBTOTAL: RESTAURANTS,
BARS, LOUNGES Specific Plan Use
Category
20,334 SF 20,500 SF (Specific Plan allows up to
5% adjustment: 21,525 SF)
TOTAL FLOOR AREA 212,034 SF 220,950 SF (Overall Max. Allowable) Above Grade Floor Area Ratio (FAR) 3.75 3.9
Site FAR 4.03 4.2
1 The “Specific Plan Maximum” is the regulatory limit included in the Specific Plan. The Specific Plan sets a maximum size limit for three broad use categories (1. HOTEL/CLUB, 2. RETAIL, 3. RESTAURANT/BAR) and allows for the floor area in each use category to be adjusted by up to 5% as long as overall floor area does not exceed 220,950 SF.
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February 10, 2022
Table 2: Specific Plan Development Standards and Conceptual Plan Compliance Proposed Conceptual Plan Proposed 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 stepbacks to 9-stories/115’ on Beverly Dr.
Parking 185 Spaces 185 Spaces based on Parking Demand Study Event Parking 252 spaces (aisle stacked parking can
provide 67 additional spaces)
Accommodate 252 space special event peak
parking demand
Parking Under
Sidewalk
Parking located at least 10’ below grade,
extends to existing curbs
Parking under sidewalk must be at least 10’
below grade/cannot extend past existing curb
Motor Court
capacity
9 total pick-up drop off spaces, 2 allocated
to taxi/rideshare
9 pick-up drop off spaces, 2 must be
allocated to taxi/rideshare
Truck Loading 2 spaces, 35’ by 12’ by 14’ ,Space #1
limited to SU-30 trucks, Space #2 limited to
SU-40 trucks or smaller1
2 spaces, 35’ by 12’ by 14’
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
Equal to 5% of car spaces for long-term in
bike parking in basement and 5% of car
spaces for short-term bike parking at grade
Public Plaza Compliant area identified on conceptual
plan
Must be provided per Specific Plan with
enhanced paving and private artwork
Green Building Plans refer to required features LEED Gold required, with specific features 1 SU-30 refers to 30’ long trucks and SU-40 refers to 40’ long trucks
REQUIRED ENTITLEMENTS
As proposed, the Project requires the following entitlements:
• Final Environmental Impact Report: Certification of the Environmental Impact Report. • General Plan Amendment: Create the Cheval Blanc Beverly Hills Specific Plan land use designation and apply it to the Project Site. Amend the text of General Plan Land Use Element Policy 9.4 to identify that anchor location design criteria specifically applies to the Project Site. (legislative request)
• Specific Plan: Adopt a specific plan (Attachment F) that includes: 1) allowed uses, development standards and guidelines for the plan area, 2) operational standards for uses, 3) plan implementation and administration, and 4) a conceptual project plan. (legislative request)
• Zone Text and Map Amendments: Add the Cheval Blanc Beverly Hills Specific Plan to the Beverly Hills Municipal Code and updated the City’s zoning map to apply the new zoning designation to the Project Site. (legislative request) • Vesting Tentative Parcel Map: Merge 4 existing lots into one lot and relocate the surface public alley right-of-way to the southern portion of the Project Site (Attachment S). • Encroachment Permit: Allow: 1) subsurface utility vaults to encroach in the public rightof-way, 2) public parking spaces to extend under the public sidewalk from 10 feet below Planning Commission Report
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grade and up to the existing sidewalk curb, 3) installation and maintenance of landscaped parkways and special paving in the public right-of-way fronting the Project Site. • Master Plan of Streets Amendment: 1) relocate the existing surface right-of-way for public alley purposes; 2) dedicate additional surface right-of-way for public sidewalk purposes along South Santa Monica Boulevard, and 3) allow the public roadway along North Rodeo Drive, South Santa Monica Boulevard and North Beverly Drive to remain in their current locations (Attachment J).
• Development Agreement: The Applicant is requesting a development agreement with the City in conjunction with the proposal. The City Council will consider this request.
The requested entitlements require legislative action by the City Council. The Planning Commission, as the City Commission responsible for reviewing land use requests, is tasked with providing recommendations on the Project to the City Council.
GENERAL PLAN POLICIES
The General Plan includes numerous goals and polices relevant to the City’s review of the Project.
A full analysis of the Project’s consistency with the General Plan is provided in Final EIR Section
4.7: Land Use and Planning. A select number of particularly relevant General Plan Polices are listed below for the Planning Commission’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 Planning Commission Report
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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 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.
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• 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.
ENVIRONMENTAL ASSESSMENT
This 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 environmental regulations of the City.
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 inform the public and public agencies that an Environmental Impact Report (EIR) will be prepared for the Project.
Public and public agency comment was received during a 30-day (November 13, 2020 to December 14, 2020) public comment period held prior to preparation of the EIR. The City hosted an EIR scoping meeting during the comment period on November 30, 2020. Subsequently, a Draft EIR was prepared and was released for public review on September 17, 2021. The Planning Commission held a public hearing on October 28, 2021 to review the contents of the Draft EIR as part of a 45-day public review period for the draft document (September 17, 2021 through November 1, 2021). The City received 19 written correspondence commenting on the draft document. Oral comments on the draft document were received at the October 28, 2021 hearing.
The City has completed a Final EIR document for the Project. The Final EIR was publicly distributed on February 3, 2022, concurrent with the Planning Commission packet for this meeting. The Final EIR includes responses to all written and oral comment received during the 45-day Draft EIR public review period (Final EIR Section 10.0). During the comment period extensive comment letters were received from GK Law on behalf of the union Unite Here Local 11, as well as the Law Offices of Murray D. Fisher and KOA Corporation on behalf of Hermes and Chanel. GK Law provided numerous comments on the adequacy of the EIR’s transportation evaluation, greenhouse gas evaluation, and housing issues (EIR Letter 2). Murray D. Fisher provided comments regarding the proposed alley modifications effects on the operations of his two clients (EIR Letter 5) and KOA Corporation had numerous comments on the Project’s transportation evaluations, parking demand study, and alley operations (EIR Letter 6). Full responses to the individual comments included in those three letters, as well as the other correspondence received, are included in Final EIR Section 10.0.
The following environmental issue areas are studied in the Final EIR:
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• 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 located on pages ES-19 through ES-42 of the Final EIR’s Executive Summary provides a synopsis of each potential impact evaluated, provides the identified mitigation measures for Project’s potential environmental impacts, and concludes that no residual impacts remain after mitigation. Thus the final EIR 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. Mitigation Measures 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 pre-construction survey, limits on construction activities, timing, and locations during roosting season, and seasonal requirements on tree removal. • Cultural Resources. Mitigation Measures CUL-MM-1 and CUL-MM-2 require the retention of an archeologist meeting certain qualifications for monitoring, construction oversight, and reporting during construction.
• Geology and Soils. Mitigation Measures GEO-MM-1 and GEO-MM-2 require the retention of a Paleontologist meeting certain qualifications for monitoring, construction oversight, and reporting during construction.
• Noise and Vibration. Mitigation Measure 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. Mitigation Measure TRA-MM-1 requires a multi-point construction management plan and TRA-MM-2 requires a construction worker parking plan. Mitigation Measure TRA-MM-3 requires the Project developer coordinate with the City regarding temporary roadway closures and construction deliveries. • Tribal Cultural Resources. Mitigation Measures 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.
PUBLIC OUTREACH AND PUBLIC HEARING NOTIFICATION
Public Notices, Meetings and Comments
On November 13, 2020, a Notice of Preparation of an Environmental Impact Report and Public Scoping Meeting was published in the Beverly Hills Courier newspaper (and the Beverly Hills Weekly on November 19, 2020), mailed to all property owners and residents within the Beverly Hills Municipal Code (BHMC) required noticing area and all registered interested parties, and posted at the Project Site. On December 2, 2020, the video conference scoping meeting was held to provide an opportunity for the public to identify what environmental issues should be included Planning Commission Report
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in the Draft EIR. The scoping meeting was held during a 35-day public comment period for the preparation of the Draft EIR, which occurred from November 13, 2020 to December 18, 2020 (period exceeded the 30 day CEQA required minimum). All public and agency comments received during the 35-day comment period, including at the scoping meeting, are summarized in Table 1.0-1 of the Final EIR Introduction section (See pages 1.0-7 through 1.0-15).
On September 17, 2021, the Notice of Public Hearing and Notice of Availability of the Draft EIR was published in the Beverly Hills Courier newspaper (and Beverly Hills Weekly on September 23, 2021), mailed to property owners and residential occupants within the required mailing radius and all registered interested parties, and posted on the Project Site. The notice identified a 45- day circulation period (September 17, 2021 to November 1, 2021) for public review and comment on the Draft EIR. 19 written correspondence were received during the circulation period. In addition comments on the draft document were made by the public and Commissioner at the October 28, 2021 Planning Commission hearing regarding the contents of the Draft EIR. The received comments, as well as responses to those comments, are included in Final EIR Section
10.0. On January 21, 2022, Notice of Planning Commission Public Hearings was published in the Beverly Hills Courier newspaper (Beverly Hills Weekly on January 27, 2022), mailed to all property owners and residents within the BHMC 1000’ plus block face mailing radius and all registered interested parties, and posted at the Project Site. This notice identified February 10 and 24, 2022 Planning Commission hearings regarding the application. As of the writing of this report two additional public comment letters, one in support of the Project and one opposed due to traffic congestion concerns have been received (Attachment C).
Table 3 – Noticing Summary
Type of Notice Required
Period
Actual
Period
Required
Notice Date Actual Notice Date
Newspaper Notice 20 Days 20 Days 1/21/22 Courier - 1/21/22 Weekly – 1/27/221
Mailed Notice
(Owners & Residential
Occupants - 1000' Radius)
20 Days 20 Days 1/21/22 1/21/22
Property Posting 20 Days 20 Days 1/21/22 1/21/22
Agenda Posting 24 Hours 7 Days 2/9/22 2/3/22
Website 24 Hours 7 Days 2/9/22 2/3/22 1 As a practice notices are published in two newspapers, the second notice occurring after the start of the noticing period
ANALYSIS
Project approval, conditional approval, or denial is based upon specific findings for each requested discretionary application. The required findings are included with this report in Attachment A and may be used to guide the Planning Commission’s deliberation on the Project.
Additionally, staff’s analysis is provided below for the Commission’s consideration:
Urban Context
The 1.277-acre Project Site is located in the northern portion of the City’s Business Triangle. The Project Site spans one City block along South Santa Monica Boulevard with approximately 325’ Planning Commission Report
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of frontage on that roadway. The Project also has street frontages of approximately 150’ on North Rodeo Drive and 190’ feet on North Beverly Drive. The existing Rodeo Drive frontage of the Project Site is currently improved with a 20’ wide sidewalk and is at the northern end of the decorative center median that runs the length of the luxury retail portion of Rodeo Drive. The Project Site is the most northern site on the east side the 400 block of Rodeo Drive. Neighboring retailers and designers in this block include Saint Laurent, Alexander McQueen, Brioni, Ralph Lauren, Georgio Armani, Hermes, Vera Wang and Chanel. There are no residential uses on the portion of North Rodeo Drive within the City’s Business Triangle. 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.
Notable development at Wilshire Boulevard and Rodeo Drive, including the Beverly Wilshire Hotel and the Two Rodeo development, marks entry into the south end of the Rodeo Drive luxury retail area. The built environment at that location appears to be consistent with General Plan Policy LU
2.1 which states development that maintains and enhances the distinctive character of the City’s business districts as appropriate. The distinctive structures at the intersection of Wilshire Boulevard and Rodeo Drive are also 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. Currently the northern end of the Rodeo Drive commercial district 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 the noted General Plan policies as the development would enhance the distinctive character of the Rodeo Drive business district would act as an anchor location of higher intensity development providing a range of uses.
Building Design and Site Planning
The Conceptual Architectural Plans (Attachment R) and various views of views of the model for the project (Attachment T) are included in this report for review.
Figure 5: South Santa Monica Blvd. Rendering
Building Height: The proposed building ‘stepping up’ in height from west to east across the site is evident in Figure 5 above. The building is 51’ in height on Rodeo Drive. This is a similar height to the existing allowable C-3 Zone building height on the street (45’ with an allowable 15’ tall rooftop Planning Commission Report
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structure [60’ total]). The Project steps up to the hotel pool deck elevation at 66’, which is the Project’s main outdoor use area. The penthouse suite deck level is at 104’ and the roof of the penthouse is at the 115’ building height maximum. 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.
Motor Court Location: The proposed motor court location is on South Santa Monica Boulevard.
On Figure 5 the motor court is located at the center of the building with a curb-cut for vehicle ingress on the right (west) side and a curb-cut for egress on the left (east) side. The motor court is covered by a porte cochere with a planted ‘green-roof’.
Views of Proposed Building: The Applicant completed a Scenic Views Study (Attachment G) with six views of the proposed building in the existing environment, including: east and west on both North and South Santa Monica Boulevard and views north on North Rodeo Drive and North Beverly Drive. The Scenic View Study is included in the Project application as information for the Commission’s consideration of the requested Project entitlements. 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 informational purposes Eyestone Environmental completed an evaluation of the Scenic Views Study (see pages 21-36 of the Initial Study, Final EIR Appendix A) and concluded that the Project’s location is a fully developed and highly urbanized area and the Project would not have a substantial adverse effect on a publicly available scenic vista, state scenic highway, or conflict with General Plan policies regarding scenic quality.
Shade Analysis: The Project Architect completed a Solar Shading Study (Attachment H) that compares 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 Project’s Initial Study contains discussion of the Solar Shading Study for informational purposes (see pages 38-42 of the Initial Study, Final EIR Appendix A). 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 South Beverly Drive in the afternoon hours all year and only 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.
Hotel: As described earlier in the Project Description section, the majority of the proposed building’s floor area is devoted to the hotel use (guest rooms, lobbies, ancillary spa and wellness uses, dining and bar area, and employee and hotel operations space). The primary access into the hotel is a double height hotel lobby that faces the South Santa Monica Boulevard motor court.
Hotel guest rooms are located on the third through ninth floors and the hotel’s appurtenant uses are located throughout the upper levels of the hotel portion of the building. The hotel’s primary Planning Commission Report
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outdoor use area is located on the 6th floor. Smaller outdoor use areas are associated with 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 gatherings as discussed in the operations section of this report. The described outdoor use areas will be surrounded by glazed acoustical barriers at least 6’ in height, as required by Project Design Feature NOI-PDF-4. The hotel’s common kitchen and hotel back of house areas are located on basement level B1.
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 (a small club lobby) and on the east side of the 3rd floor (including a screening room, social and meeting rooms). It is expected the majority of club members and their guests will enter the building through the hotel lobby and make their way to club facilities inside the building because vehicle access to the Project is through the motor court. There is also a direct pedestrian access to the club lobby from North Beverly Drive.
Club members have access to the dining and bar facilities in the building, the 6th floor pool deck and smaller outdoor areas associated with dining on the 7th and 8th floor, the spa, and the wellness center facilities.
Retail: The conceptual plan includes 24,976 SF of retail in three tenant spaces with direct access to Rodeo Drive. The proposed retail spaces would be integrated into the three city blocks of street oriented luxury retail on Rodeo Drive. On the conceptual plan each of the three retail tenant spaces have two floor levels. 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.
Ground Floor Restaurant: The proposed ground floor restaurant wraps around the corner of South Santa Monica and North Beverly Drive. The proposed Specific Plan requires this restaurant to be publicly accessible. Primary access is anticipated to occur through the hotel lobby (by hotel guests, club members, and diners using valet parking to visit the restaurant). There will also be a pedestrian only direct entrance from the sidewalk. The restaurant floor area is approximately 8,000 SF in two levels with the majority of the floor area at the ground level.
Green Building Standards: Draft Specific Plan Section 4.9 requires that the building be designed and constructed to meet, at a minimum, the Leadership in Energy and Environmental Design (LEED) Green Building Rating of ‘Gold’. The Applicant considered public comments submitted on the Draft EIR and subsequently resubmitted a revised Specific Plan that requires the Project to meet the LEED Gold standard, as LEED Silver was originally proposed. LEED consistent features required to be incorporated into the Project are listed on page 31 of the revised draft Specific Plan. These features include: design the Project to achieve energy savings over standard construction and in a manner that reduces the need for artificial light, choose building materials that reduce the use of CFCs and reduce off-gassing, recycling during the construction process, and design for greywater and storm water capture.
Staff Report Comment: In addition to the Green Building Standards in the draft Specific Plan, the conceptual plan and project application also identify specific features that are intended to: improve energy and water efficiency, provide required bicycle and electric bicycle facilities and reduce Project noise on neighboring sites and within the building. These Project Design Features are Planning Commission Report
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required and are listed as part of the Project’s Mitigation Monitoring and Reporting Program (MMRP) (Attachment V).
Project Land Uses
The Project’s proposed 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 highend retail and fashion, restaurant and hotel uses. Section 4.2 of the proposed Specific Plan includes the following regulations regarding the permitted uses:
Hotel:
• Up to 115 hotel guest rooms are allowed, however rooms could be rented jointly so the number of separate rentals or ‘keys’ could number less that the total number of rooms. • The penthouse may be used for events (75 person limit) up to 6 times a year.
Club:
• Club members have access to club social/meeting rooms, club screening room, restaurants and bars, spa, and wellness center.
• A maximum of 500 individual memberships, no group or family memberships allowed. • Members are restricted to 2 guests at any one time, no guest wellness center access. • The 36 seat Club screening room may be let to the public by reservation. • Up to 52 events with no more than 50 attendees (Club members and their guests) may be held within the Club’s 3rd floor facilities/the 6th floor restaurant/7th floor bar. • Up to 6 events per year with no more than 150 attendees (Club members and their guests and hotel guests) may be held in the 6th floor restaurant/7th floor bar.
Restaurants:
• The ground level of the restaurant at the corner of North Beverly Drive and South Santa Monica Boulevard must be open to the public.
• The operator may choose to allow public access to 2nd level of the ground floor restaurant, the 6th floor restaurant and 7th floor bar or limit access to these dining facilities to hotel guests, club members and their respective guests.
Draft Specific Plan Chapter 5.0 controls the allowable hours of operation for the Project’s proposed uses, which are summarized in Table 4:
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Table 4: 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 Sunday to Thursday: 6 AM to 12 AM1
Friday/Saturday: 6 AM to 2 AM1
Penthouse Events (6 event per year
maximum)
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.
Conditions for Consideration: The proposed Specific Plan provides specific numeric limits on club members, guests and events that may occur in the Project, which will control the intensity of use of the building’s dining facilities. The proposed Specific Plan also limits the hours of operation for the uses within the building. In order to ensure consistency with the requirement that outdoor amplified entertainment end at 11 PM staff recommends conditions that:
• Require door/window openings between the 6th and 7th level indoor dining and contiguous outdoor dining areas remain closed after 11 PM, other than for ingress and egress. • Require openings between the indoor penthouse and penthouse pool deck area remain closed after 11 PM during public events other than for ingress and egress.
Right-of-Way and Pedestrian Improvements
The Project includes requests for modifications and improvements to and adjacent to the public right-of-way surrounding the Project Site, including:
Pedestrian Plaza: The proposed Specific Plan requires a publicly accessible pedestrian plaza contiguous with the public sidewalk at the corner of South Santa Monica Boulevard and North Rodeo Drive in a 20’ by 35’ area on the Project Site where above grade construction is not allowed. The plaza would be a new pedestrian amenity at the northern end of Rodeo Drive’s primary retail area and 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 that private artwork be placed within the plaza, as the Applicant would like to maintain control over the selection of the art piece. Thus the art would not be considered public art meeting the City’s fine art obligation. Therefore the Applicant would also be required to either install art reviewed by the City in accordance with the City’s fine art ordinance or pay the fine art in lieu 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’.
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Existing Master Plan of Streets: Sheet 53 of the existing Streets Master Plan (Attachment I) 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’. A varied expansion in width on the east side of the Project Site (adjacent to the existing Paley Center) generally consistent with Streets Master Plan Sheet 53 appears to have been previously completed. The existing Streets Master Plan also calls for reductions in the existing width of the sidewalk at the both the Rodeo Drive and Beverly Drive intersections to increase the amount of roadway available to vehicles turning at these two corners.
Requested Master Plan of Streets Amendments: The Applicant has proposed amendment (Attachment J) to Street Master Plan Sheet 53. On South Santa Monica Boulevard the request is to maintain the existing roadway width (50’ at the west end of the Project Site widening to 60’ at the east end). The amendment widens the sidewalk at the west end of the Project Site by 1.5’ and widens 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 at both the Rodeo Drive and Beverly Drive intersections with South Santa Monica Boulevard.
In summary the Existing Master Plan of Streets requires 5 feet of additional right of way and intersection curb modifications on South Santa Monica Boulevard. The planned roadway changes are intended to increase the portion of the public right-of-way that is used by motor vehicles. The Applicant is instead requesting that the Streets Master Plan be modified to maintain the existing South Santa Monica Boulevard roadway configuration and the size of the existing sidewalk be increased (additional width varying from 1.5’ to 7’). This request appears to be 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 Encroachments:
Sidewalk Materials: The Applicant is requesting an encroachment agreement to use non-standard paving in the public right-of-way adjacent to the Project Site. The Montage Hotel (now Maybourne) received City authorization to place non-standard sidewalk paving material around that hotel.
Subsection 4.8.B.3 of the draft Specific Plan requires the City Engineer to approve the adequacy of the sidewalk’s static coefficient of friction.
Right-of-Way Landscaping: The Applicant is requesting approval to install special landscaping in the public right-of-way surrounding the Project Site through an encroachment agreement. The general location and configuration of the proposed landscaping is identified on Specific Plan Figure 37. Required criteria for the landscaping is listed in Specific Plan Subsection 4.8.B.1.
Parking under the Sidewalk: The Applicant is requesting an encroachment agreement to allow the Project’s subterranean parking structure to extend to the existing curb of the public sidewalk starting at 10’ below grade. The City has permitted similar encroachments for parking at other commercial buildings (including the MGM headquarters at 245 N. Beverly Drive).
Conditions for Consideration: Staff recommends the Commission consider conditions regarding the public use of the plaza and the proposed public right-of-way improvements, including:
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• Require public access to the plaza at all times, except for temporary maintenance closures.
• Require the Applicant to be responsible for cleaning and maintaining the plaza. • Prior to issuance of building permits for the above ground building, require Community Development Director and Public Works Director review and approval of a conceptual plaza design that includes the plaza configuration and proposed materials. The review criteria includes: pedestrian accessibility, adequacy of materials for permanent public use, and review of materials to ensure that they not conflict with materials used for the adjacent sidewalk. The Directors may choose to forward this review to the Planning Commission. • Require Public Works Director review and approval of the sidewalk paving materials to ensure they are of an adequate quality for permanent public use. • Require Public Works Director and Community Development Director review and approval the landscape plan within the public right-of-way. The review criteria is:
consistency with City and State water conservation regulations, public safety including accessibility, and the durability and maintenance of the proposed planting material.
Alley Relocation (Master Plan of Streets Amendment)
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 would be approved as part of the Vesting Tentative Parcel Map and requires Master Plan of Streets be amended.
The relocated alley would be accessed from North Beverly Drive instead of South Santa Monica Boulevard. It is proposed the alley continue to have one-way vehicle travel consistent with the current operation of the alley. 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 North Beverly and North Rodeo Drives. The alley is proposed to run under the Cheval Blanc building with a 20’ vertical clearance.
Figure 6: Relocated Alley Detail
The original application submittal proposed a 20’ alley width for the relocated segment. However, responsive to comments received from representatives of other businesses that use the alley, the Applicant has made revisions to widen the alley easement to 29’ feet at the North Beverly Drive Planning Commission Report
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entrance and widen the alley easement to 25’ west of the ramp to the Project’s subterranean parking (this ramp has been slightly shifted 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.
The Applicant has submitted a revised alley study (Attachment K) that includes:
• Field observations of existing alley traffic volumes
• Discussion of the traffic redistribution effects of relocating the alley entrance on the South Santa Monica Boulevard/North Beverly Drive
• Evaluation of the turn movements for larger vehicles that could use the alley, including turning diagrams for SU-30 and SU-40 delivery trucks, WB-40 Semi-trailer trucks, garbage trucks, and various fire apparatus, including a 100’ Ladder Tiller Pierce Arrow, which is currently the least maneuverable vehicle BHFD uses.
• Evaluation of SU-30 and SU-40 truck turn movements from the alley into the Project’s two ground level loading bays.
The alley study concludes that all studied vehicles are able to complete the 90° turn within the proposed alley right-of-way. Only the largest of the modelled vehicles (100’ ladder tiller and semitruck) need to use the added 5’ of alley width to complete the left turn onto the southbound alley.
The rest of the modelled vehicles could head straight through the relocated alley segment and complete the 90° turn. The resubmitted alley study also evaluates a modified configuration in the Project’s two-bay loading area. The Project plans have been revised since the October 28, 2021 Commission hearing to allocate more vehicle maneuvering space the loading bay area through the relocation of telephone/electrical rooms. There is enough space on the Project Site for an SU30 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 to enter and exit Loading Bay #2 without backing into the alley. The Specific Plan has been modified to include a regulation that Loading Bay #1 can only be used by SU-30 trucks or smaller.
During the Draft EIR comment period and at the October 28, 2021 hearing, Murray D. Fischer and KOA Corporation submitted extensive comments, on behalf of Hermès and Chanel, regarding parking, traffic, and modifications to the alley. Full responses to each concern in the submitted comments from Mr. Fischer (EIR Letter No. 5), KOA (EIR Letter No. 6) and Chris Kapogiannis of Hermès (Oral Comments) can be reviewed in the Final EIR Response to Comments Section (Section 10.0). In brief some of the concerns regarding the alley include:
• Concern that vehicles using the on-site Loading Bays will have to back into the alley in order to exit. As described earlier, the Applicant resubmitted plans with more vehicle maneuvering space in the truck loading bays and revised the Specific Plan to limit use of Loading Bay #1 to only SU-30 trucks. The revisions were evaluated in the revised alley study.
• Concern regarding tight turning clearances for large trucks in the alley. As described earlier, the Applicant has widened the alley easement width at both the west and east ends of the relocated alley segment. The alley study includes revised turn movement diagrams show the studied vehicles have adequate space to complete the 90° left turn.
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• Concern about insufficient alley width during congested alley conditions. The Applicant has modified the loading facilities to ensure Project delivery vehicles do not back into the alley and the public alley easement area has been widened to greater than 20’ on the east and west side of the Project’s underground parking ramp. • Concern that the operational analysis of the alley entrance does not take into account two existing driveways on the east side of North Beverly Drive. Fehr and Peers, the City’s traffic consultant, completed traffic counts (included in EIR Response 6-13) at the two existing driveways. As discussed in Response 6-13, there are times when vehicles making northbound turn movements into the proposed realigned alley could conflict with vehicles making southbound turn movements into the two existing driveways. However two-way left turn lanes are intended to serve areas with minimal access control and frequent turning movements such as the closely spaced driveways on North Beverly Drive.
• Concern that alternative alley configurations were not studied, including alley access from both Beverly and Rodeo Drives or changing the direction of travel to northbound on the alley. See EIR Response #6 to Mr. Kapogiannis’ comment. In summary, changing the direction of alley travel would expose the southern portion of the alley to higher traffic volumes as all Project trips travelling to the proposed building’s underground parking would have to travel through the southern section of the alley. In addition, the Public Works Department recommends not changing alley direction as this would disrupt the Business Triangle’s alternating pattern of one-way alleys. The existing pattern of alley travel facilitates the efficient provision of services such as trash pick-up. Adding a second alley entrance on Rodeo Drive would be disruptive to the pedestrian oriented environment that exists on this major shopping street.
Conditions for Consideration: In addition to the modifications that have been made to the Conceptual Plan and the Specific Plan responsive to the received comments, the Commission may want to consider conditions to:
• Require the entrance to the alley be appropriately signed as a publicly accessible alley.
The size and location of signage requires City Public Works Director review and approval. • Require, prior to relocation of the alley, that the Applicant provide the City Traffic Engineer information evaluating whether the existing loading zone located in the alley (adjacent to the North Beverly Drive property directly south of the Project Site) conflicts with vehicle turn movements. After City Traffic Engineer review and approval, the Applicant shall complete any necessary modifications to this loading zone to avoid turn movement conflicts before the relocated alley begins operation.
Loading and Delivery
The Project includes two 35’ by 12’ loading bays at ground level and two 10’ by 25’ van sized loading spaces on subterranean level B1. Figures 7 and 8 below are plan details highlighting the loading space locations. The Applicant has submitted loading and deliveries information (Attachment L). The Applicant expects that all Project Site deliveries will be in size SU-30 trucks or smaller. As discussed earlier, SU-30 trucks may enter and exit the two ground level loading bays without backing into the alley. Loading Bay #2 can also facilitate SU-40 truck movements to allow head first exiting into the alley. The loading study estimates a total of 84 deliveries per week for all Project Site uses (hotel, club, retail, and dining). The Loading Study states that loading and Planning Commission Report
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unloading of service vehicles will be scheduled in advance and limited to specific morning and afternoon delivery windows. During the October 28, 2021 hearing the representative of Hermès requested that all deliveries occur before 8 AM.
Condition for Consideration: In order to minimize the off-site impacts of Project related loading, the Commission may want to consider a condition to:
• Require Community Development Director be provided information regarding the delivery scheduling system prior to Certificate of Occupancy. If complaints regarding alley operation occur, the Director may request the upcoming delivery schedule and City staff may monitor the site for schedule compliance. If deliveries deviate from the schedule, the Director may choose to return to the Planning Commission to consider additional delivery restrictions.
Figure 7: Two Ground Level Loading Spaces
Figure 8: Two Van Loading Spaces on Level B1
Vehicle Circulation
Specific Plan Figure 9 (See Attachment F) is annotated with information regarding Project motor court and vehicle circulation. The Project motor court will be used by hotel guests, club members, and customers of the dining, retail and spa uses. All Project employees directly access Project parking through the relocated alley. The motor court is proposed to include nine staging spaces, of which two are reserved for taxi/rideshare use. The motor court is proposed to have one way Planning Commission Report
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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 M) compares the size of the proposed motor court with other existing hotels in or near Beverly Hills. This study identifies that the proposed hotel has substantially fewer rooms than all the comparison sites, yet the proposed capacity of the motor court only is only slightly less than the next two smallest comparison hotels: the Montage (now Maybourne) (201 rooms) and Waldorf Astoria (170 rooms). The submitted study also includes empirical counts of the number of vehicle trips occurring at the Montage Hotel (now Maybourne) motor court. The number of vehicles using the Montage motor court were substantially less than the expected ITE (Institute of Traffic Engineers) trip generation rate for the use (60% lower).
Fehr and Peers completed a Local Transportation Assessment (Attachment P) that evaluated left turn access into the motor court from South Santa Monica Boulevard. This was studied because there is currently not a left turn restriction into the alley. When alley trip counts were conducted vehicles were observed using the existing painted median to make left turns. The Local Traffic Assessment includes recommendations to improve the vehicle storage area in the middle of South Santa Monica Boulevard so that vehicles waiting to turn left do not obstruct westbound traffic. As an alternative the Commission may want to consider prohibiting the left turns from South Santa Monica into the Project motor court to reduce the potential for vehicle conflicts.
The motor court will be valet operated. A Valet Parking Management Plan (Attachment O) was prepared by LAZ Parking. In summary, 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 LAZ valet plan also includes information on stacked parking and identifies capacity for up to 67 additional vehicles in the subterranean parking drive aisles that could be used during events.
KOA commented (EIR Letter 6) that vehicle congestion at the motor court could create back-ups onto both South Santa Monica Boulevard and within the internal on-site circulation. Full responses to KOA’s comments are included in Final EIR Section 10.0. Included in the EIR response is a Fehr and Peers recommendation that “Keep Clear” lane striping be painted on the roadway at the motor court exit to help facilitate exiting vehicles.
Conditions for Consideration: The Commission may want to consider conditions regarding the motor court that:
• Restrict left turns from South Santa Monica Boulevard into the motor court. Require the Applicant design measures that could include signage, painted, and/or physical barriers to restrict the left turn movement. These measures are subject to review and approval by the City’s Traffic Engineer and must be installed prior to Certificate of Occupancy. • Require the Applicant to add lane markings to the eastbound lanes of South Santa Monica Boulevard indicating “Keep Clear” at the motor court exit. The design and location of the lane markings are subject to review and approval of the City’s Traffic Engineer and must be installed prior to Certificate of Occupancy.
Parking Supply
Specific Plan Parking Requirement: The parking requirements in the proposed Specific Plan were specifically developed for this Project. Kimley Horn completed a Parking Demand Analysis Study Planning Commission Report
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(Attachment N) identifying the Project’s parking needs. The City’s traffic consultant, Fehr and Peers, peer reviewed the study’s methodology and calculations. The study evaluated parking demand using two methodologies:
1. Parking Demand Analysis: This is the primary method used to calculate the Project’s 185 parking space requirement. The number of spaces was calculated using shared parking principles described in Urban Land Institute’s (ULI) publication “Shared Parking” (3rd edition). The calculation is fully described on pages 8-10 of the attached report. In summary, this method starts with a base parking rate for each of the Project’s uses. The base parking rate is based on surveys of stand-alone locations for each use where nearly all visitors/employees drive. Second, the base number for each use is adjusted based on a ‘Drive Ratio’ that is developed for each use. This adjustment reflects local drive rate conditions. This discount rate is based on local survey information, if available. Third, an internal capture rate is applied because as there are multiple uses at the Project Site it is assumed uses will ‘capture’ trips from other uses. The ITE Internal Capture Estimator Tool was used to verify the 20% internal capture rate used for this Project. Fourth, the various uses on the site experience peak parking demand at different times. Thus ULI time of day shared parking demand rates were applied to each use to account for the fluctuating parking demand that each use has over the course of a day. The calculation concludes that the 185 space peak parking demand occurs on weekdays in the early afternoon.
2. City Code Parking Requirements with ULI time of day shared parking rates applied:
The approach was used to bolster the conclusion that 185 spaces was adequate to meet the Project’s parking demand. The approach starts with the current City Code parking requirements for the Project uses. Second, two credits that are available to any hotel constructed per BHMC hotel regulations are applied (shared hotel/retail credit and proximity to transit credit) reducing the number of required spaces. Third, the study proposes that time of day demand rates published in ULI shared parking be applied to the ‘code-required’ parking calculation to account for fluctuating parking demand for each use over the day. As summarized in Table 3 (Page 7) of the attached report, at no time during the week or on the weekend would parking demand exceed the 185 space supply.
The maximum calculated parking demand using this methodology would be 159 spaces, which would occur on weekend evenings.
Special Event Parking: A shared parking demand analysis was also completed for special events permitted in the Draft Specific Plan. These events are:
a) Club member/Hotel guest events with 150 attendees (allowed 6 times per year) b) Club member events with 50 attendees (allowed 52 times per year) c) Hotel penthouse public events with 75 attendees (allowed 6 times per year).
The study assumptions are conservative as the analysis presumes that all 3 allowable events occur concurrently and while peak regular operation is occurring in the rest of the building. The analysis concludes that the peak event parking demand is 252 spaces. The LAZ valet parking management plan (Attachment O) concludes that the additional 76 spaces needed to accommodate the peak special event scenario can be provided through valet operated drive aisle stacked parking.
Planning Commission Report
Cheval Blanc Beverly Hills Specific Plan
February 10, 2022
Additional Parking Supply Options: The draft Specific Plan includes two options if additional parking needs are identified. Neither option is currently proposed to be used:
a) Off-Site Employee Parking: Subject to Community Development Director approval, Project employee parking may be provided off-site within 750’ of the Project Site. The legal right to park at the off-site location must be obtained.
b) In-lieu Parking: The Project Site is located in an in-lieu parking district. The Specific Plan includes a provision that Project uses that are eligible for participation in lieu parking in BHMC §10-3-3301 may participate in the City’s in lieu parking program. Eligible uses include retail sales and service uses.
Submitted Parking Supply Comments: EIR comment period letters received from KOA (EIR Letter 6) and GK Law (EIR Letter 2) included comments regarding parking. The GK Law letter includes a comment that appears critical of the amount of parking proposed. The comment states that “due to the amount of car parking being provided, the Cheval Blanc Beverly Hills Specific Plan is still designed in a way that induces demand for additional vehicle trips” (GK law comment 2-19).
Conversely, the KOA letter includes numerous concerns about components of the Parking Demand Analysis including: how BHMC parking credits were applied, how employee and club member parking demand was calculated, and how various parking demand adjustments were calculated. The KOA comments appear to question the parking supply conclusion and implies the Project’s parking demand should be higher than calculated. Detailed responses to both letters, including the responses to the parking supply comments, are included in Final EIR Section 10.0.
The Project’s parking impacts are not a CEQA issue. However, since both letters were received during the Draft EIR comment period and both letters include numerous comments specific to the EIR’s CEQA analysis, the detailed responses to the parking comments were kept with the other responses and included Final EIR. Responding to comments in the KOA letter, the Kimley Horn Parking Demand Analysis was updated since the October 28, 2021 hearing. The earlier version of the Kimley Horn analysis concluded Project parking demand at 178 spaces and event parking demand at 227 spaces. The attached revised analysis identifies Project parking demand at 185 spaces and event parking demand at 252 spaces. The Conceptual Plan has also been updated and 185 spaces included in the Project’s subterranean parking levels.
Local Traffic Assessment
CEQA Traffic Analysis: As of July 1, 2020, CEQA Guidelines §15064.3 requires the evaluation of transportation impacts using the “vehicle miles traveled” (VMT) metric as “a project’s effect on automobile delay shall not constitute a significant environmental impact”. The transportation analysis included in Section 4.9 of the Project’s EIR was evaluated using the Vehicle Miles Traveled (VMT) metric instead of the Level of Service (LOS) intersection vehicle delay metric.
The EIR transportation analysis concludes that the Project qualifies to be screened out from VMT analysis and thus would have a less than significant VMT impact. Draft EIR comments were received that addressed how the VMT analysis was completed. Notably GK Law (EIR Letter 2) included multiple comments on the VMT analysis. Full responses to these comments are included in Final EIR Section 10.0.
LOS based Local Transportation Assessment: When the Planning Commission adopted the new CEQA compliant VMT transportation thresholds in October 2019, the Commission also made the determination that requiring LOS analysis for proposed 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.
Fehr and Peers, the City’s traffic consultant, prepared a LTA (Attachment P) compliant with the Planning Commission Report
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February 10, 2022
City’s guidelines. This LTA analysis evaluates the LOS operation of 10 intersections near the Project. Four scenarios are included in the LTA:
• Existing Traffic plus Project scenario: Estimated Project traffic is added to 2019 traffic counts. This scenario identifies an undesirable delay increase at 1 of the 10 study intersections (North Beverly Drive/South Santa Monica Boulevard). See LTA Table 10,
• Existing Traffic plus Existing Uses plus Project scenario: Estimated Project traffic is added to 2019 traffic counts plus a traffic estimate for full occupation of all existing buildings on the Project Site. Two buildings on the Project Site were not occupied when the 2019 traffic counts were taken. It is reasonable to assume that those structures would return to full operation if the Project is not built. This scenario identifies an undesirable delay increase at 1 of the 10 study intersections (North Beverly Drive/South Santa Monica Boulevard).
See LTA Table 11, Page 26.
• Future Traffic plus Project scenario: Estimated Project traffic is added to projected future traffic conditions (2026). The 2026 projection reflects regional growth in traffic and other projects that will be constructed in the Project vicinity. This scenario identifies an undesirable delay increase at 3 of the 10 study intersections (North Beverly Drive/South Santa Monica Boulevard, North Beverly Drive/North Santa Monica Boulevard and North Rodeo Drive/North Santa Monica Boulevard). See LTA Table 12, Page 31. • Future Traffic plus Existing Uses plus Project scenario: Estimated Project traffic is added to 2026 traffic conditions plus a traffic estimate for full occupation of all existing buildings on the Project Site. This scenario identifies an undesirable delay increase at 1 of the 10 study intersections (North Beverly Drive/South Santa Monica Boulevard). See LTA Table 13, Page 34.
The Future Traffic plus Existing Uses plus Project scenario may be of most interest to the Commission as this scenario models traffic after the Project’s scheduled opening and compares Project traffic with the traffic generated if all existing buildings on the Project Site were occupied.
It is unlikely the two buildings would remain unoccupied if the Project is not built. This scenario concludes that Project traffic would add an additional 17.5 second delay in the AM peak period and 14.8 second delay in the PM peak period at North Beverly Drive/South Santa Monica Boulevard. The delay would exceed the City’s applicable 10.0 second criteria for an undesirable LOS effect on an intersection.
Fehr and Peers evaluated potential physical modifications to the North Beverly Drive/South Santa Monica Boulevard intersection (LTS Page 30). A possible modification is adding an eastbound right turn pocket to South Santa Monica Boulevard. This improvement would reduce vehicle delay by less than 5 seconds thus the Project’s undesirable LOS effect would remain. Also, this improvement would remove sidewalk area on the south side of South Santa Monica Boulevard which would work against the Project’s proposed sidewalk widening on South Santa Monica Boulevard. Improving the City’s pedestrian environment are policies/goals of both the General Plan and Complete Streets Plan. Increasing the pedestrian crossing distance at the intersection and reducing amount of sidewalk space for pedestrians would not work towards achieving these policies/goals.
Planning Commission Report
Cheval Blanc Beverly Hills Specific Plan
February 10, 2022
Project Construction
Construction is anticipated to commence later in 2022 and have an overall duration of approximately 38 months. Construction will occur in two phases. Construction Phase 1 (construct the portion of the subterranean garage on 449 North Beverly Drive to grade and open the relocated alley with overhead protection) is anticipated to have a 7.5 month duration. Construction Phase 2 is anticipated to have a 32 month duration with the start of Phase 2 overlapping Phase 1 by approximately 1.5 months. More detail regarding the construction activities and phasing are provided in the attached Matt Construction Site Logistics Plan (Attachment Q). Construction activities are grouped as follows:
Phase 1 Construction (7.5 Months):
• Utilities Relocation: Infrastructure
• Demolition: Demolish 449 and 461 North Beverly Drive Buildings • Excavation: Excavate 449 North Beverly Drive and a portion of 461 North Beverly Drive • Construction: 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):
• Utilities Relocation: Cutover to new systems
• Demolition: Demolish 456 and 468 North Rodeo Drive buildings • Excavation: Excavate the remainder of the Project Site • Construction: Construct remainder of subterranean parking • Construction: Build above ground building
• Site Work: Complete exterior site work.
Construction Hauling: Construction hauling of demolished materials and dirt is proposed to occur between 7 PM and 7:30 AM. Depending on time, haul trucks would use two different haul routes:
• From 7 PM to 10 PM:
o Outbound: Project Site to eastbound South Santa Monica Boulevard, continue onto Burton Way and San Vicente Avenue, right onto southbound La Cienega to the I-10.
o Inbound: Reverse of Outbound.
• From 10 PM to 7:30 AM:
o Outbound: Project Site to southbound North Beverly Drive, left onto eastbound Wilshire Boulevard, right onto southbound La Cienega Boulevard to the I-10. o Inbound: 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 are anticipated on North Beverly Drive and/or Wilshire Boulevard at or near the street intersection. These closures are related to Metro D Line Planning Commission Report
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February 10, 2022
subway station construction. When lane closures occur the 7 PM to 10 PM haul route will be used throughout the night.
Equipment and Materials Delivery and Staging: TRAF-MM-1 requires the preparation of a Construction Management Plan (CMP) that includes the requirement that deliveries and pick-ups of construction materials be scheduled during non-peak travel periods to the maximum extent feasible. The CMP requires construction equipment traffic be controlled by flag-persons and various coordination actions so that construction vehicles do not impede traffic flow or access to adjacent properties.
Construction Worker Parking: Off-site parking facilities will be used for construction worker parking during the initial months of construction. Mitigation Measure TRAF-MM-2 requires, at least 30 days before the start of construction, City review and approval of an off-site parking location as well as information on how construction workers will be transported from parking to the Project Site. Construction workers will park on-site in the subterranean parking structure after the below ground portion of the structure is completed. The number of construction workers on site will fluctuate over the construction period with a maximum peak estimated at 500 workers.
Other Project Specific Construction Mitigations: The Final EIR Mitigation Measures and Project Design Features include various Project construction requirements. These measures are summarized on page 11 of this report and include bat, bird, archeological, paleontological, vibration monitoring, and cultural monitoring actions during construction.
Conditions for Consideration: Neighboring Rodeo Drive retailers who commented during the Draft EIR comment period raised concerns that alley operations could be impaired during Project construction. To reduce potential construction impacts on alley operations the Commission may want to consider conditions to:
• Require City traffic engineer review and approval of all temporary placements of construction equipment within the alley.
• Require the Applicant to notify other tenants and property owners in the 400 block of the alley of any construction related temporary partial or full alley closures at least seven days in advance.
• Require the Developer to maintain a current construction schedule on a publicly accessible website. Directly provide tenants and property owners located in the 400 block of the alley the website address. Post the website address on signage that is publicly visible at the Project Site.
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. The full City Council will review the draft Development Agreement for both the legislative action of adopting the agreement and reviewing the agreement for consistency with the City’s General Plan as part of the Council’s entitlement hearings on the Project. On September 21, 2021 the City Council adopted Ordinance 21-O-2845 amending the Beverly Hills Municipal Code regarding the assignment of Planning Agency functions related to development agreement applications. The amended Code identifies the City Council as the City’s Planning Agency for the purpose of reviewing development agreements for consistency with the City’s General Plan.
Planning Commission Report
Cheval Blanc Beverly Hills Specific Plan
February 10, 2022
NEXT STEPS
It is recommended that the Planning Commission review the Project materials, consider the analysis in the report, conduct the public hearing, receive public comments and provide direction to staff and the Applicant. The Planning Commission could provide direction on the preparation of materials, such as additional information and analysis and/or City Council recommendation documents for the scheduled February 24, 2022 Planning Commission hearing regarding the Project.
Report Reviewed By:
Timothea Tway, AICP,
City Planner
City of Beverly Hills
Planning Division
455 N. Rexford Drive Beverly Hills, CA 90210
TEL. (310) 285-1141 FAX. (310) 858-5966
Planning Commission Report
Attachment(s):
A. Required Findings
B. Public Correspondence regarding 2.10.2022 hearing
C. Public Correspondence received since 2.10.2022
D. Draft Project Conditions of Approval
E. Applicant Response Package
F. Draft Specific Plan dated January 10, 2022
G. February 10, 2022 Planning Commission Staff Report (w/o attachments) H. October 28, 2021 Planning Commission Staff Report (w/o attachments) I. Conceptual Architectural Plans, dated December 28, 2021 (previously provided under separate cover)
J. Proposed Vesting Tentative Parcel Map No. 82872 (previously provided under separate cover)
K. Final Environmental Impact Report (previously provided under separate cover and available at www.beverlyhills.org/environmental) L. Final EIR Mitigation Monitoring and Reporting Program (MMRP) Report Author and Contact Information:
Masa Alkire, AICP, Project Manager
(310) 285-1135
[email protected]
Meeting Date: February 24, 2022
Subject: 456 and 468 NORTH RODEO DRIVE; 449, 451, and 453 NORTH BEVERLY DRIVE; and 461 through 465 NORTH BEVERLY DRIVE
(CHEVAL BLANC BEVERLY HILLS SPECIFIC PLAN PROJECT)
General Plan Amendment, Specific Plan, Zone Text and Map Amendments, Master Plan of Streets Amendment, Vesting Tentative Parcel Map, Encroachment Permits, Development Agreement and Final Environmental Impact Report (PL2000138)
A request for a new specific plan to allow for comprehensive redevelopment of the Project Site with a 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. Pursuant to the provisions set forth in the California Environmental Quality Act, the Commission will also consider a Final Environmental Impact Report. (Continued from the February 10, 2022 Planning Commission Special Meeting)
Project Applicant: 468 N Rodeo Drive LLC, 456 N Rodeo Drive LLC, 461 N Beverly Drive LLC, and 449 N Beverly Drive, LLC (Project Proponent: Cheval Blanc, a division of LVMH)
Recommendation: That the Planning Commission:
1. Conduct a public hearing and receive testimony on the Project; and
2. Provide direction to staff and the Applicant as appropriate
REPORT SUMMARY
The first Planning Commission hearing for the Cheval Blanc Beverly Hills Specific Plan Project (“Project”) was held on February 10, 2022. The staff report and Applicant presentation were provided, the public hearing was opened and public comment was taken, and the Commission asked questions and provided direction to the Applicant and City staff for further information to Planning Commission Report
Cheval Blanc Beverly Hills Specific Plan
February 24, 2022
provide at the scheduled February 24, 2022 hearing for the Project. This report contains: a) a summary of the topics discussed at the February 10, 2022 project hearing and additional related information and/or indication of what information is pending on the identified topics; b) an Applicant Response package, which includes indication of which topics there will be further information provided at the February 24, 2022 hearing; and c) preliminary draft Project conditions of approval for the Commission’s discussion and consideration.
PROJECT DESCRIPTION
Provided in the February 10, 2022 Staff Report (Attachment G)
DRAFT CONDITIONS OF APPROVAL
In order to facilitate continued Project discussion, preliminary draft Project conditions of approval are attached to this staff report for discussion (Attachment D). Based on Commissioner comment and direction, a revised version of these draft conditions can be included in the Planning Commission recommendation resolution to the City Council. Attachment D is organized as follows:
Draft conditions that are routinely placed on Projects are indicated in black text. Conditions recommended to address specific concerns in the February 10, 2022 staff report are highlighted in yellow.
Applicant requested modifications to the February 10, 2022 recommended conditions are highlighted in green.
Additional Conditions that have been added responsive to concerns raised at the February 10, 2022 hearing are highlighted in blue.
FEBRUARY 10, 2022 PUBLIC COMMENT
After the publication of the February 10, 2022 staff report and prior to the hearing, numerous correspondence were received. These correspondence items were distributed electronically to Commissioners and read into the record at the hearing. For ease of reference, these correspondence are attached to this report (Attachment B). Correspondence received after the February 10, 2022 hearing are also attached (Attachment C).
Public comment was also provided by video and telephone at the February 10, 2022 hearing. The following is a summary of the topics raised in the oral and written public comment for the February 10, 2022 hearing. The summary statements are followed by staff comments providing additional information on the topics:
Comments in Favor of the Project: 11 individuals provided oral and written comments in favor of the Project. In synopsis, the reasons provided for supporting the Project included:
The quality, creativity, beauty, and elegance of the Project’s design, including features such as the travertine exterior.
The recently opened Cheval Blanc Paris Project was executed very well with high-quality construction.
The positive fit of this development within the north side of the City’s business triangle. The Project revitalizing Rodeo Drive and having a positive effect on other businesses in the area.
North Beverly Drive has not been doing well as a retail area, and this Project will reenergize and revitalize the whole of North Beverly Drive.
Planning Commission Report
Cheval Blanc Beverly Hills Specific Plan
February 24, 2022
The negative traffic and noise impacts of past projects, such as the Peninsula and Montage Hotels, have not been as great as statements made during the review processes for those Projects.
A portion of the Project’s building height is probably equivalent to the building height of the Bank of America building on the other side of North Beverly Drive. The Project could become a ‘crown jewel’ destination in Southern California, both a national and international attraction. The Project distinguishes the City from other areas in the region such as Century City, Downtown Los Angeles, and Santa Monica. Looking forward to using the amenities in the building. World-class art will be attracted to and displayed at the Project. Not having this Project in the City would be a missed opportunity to add a high-end hospitality use and this growth will go elsewhere
Concerns Regarding the Alley: Representatives of retailers located on the 400 block of the alley located between Rodeo Drive and North Beverly Drive identified concerns regarding the alley relocation and alley operation. Multiple commenters indicated that clientele (including VIP customers) access stores through rear doors adjacent to the alley. These are key entrances and temporary (construction) or permanent (Project operation) disruptions will have a direct impact on business. The commenters indicated that they appreciate some of the changes made to the Project but still have concerns regarding:
Trucks using the building’s loading zone still having to make complicated turns and block the alley when making these turns.
Trucks damaging the median between the alley and retailer vehicle areas when making the turn from the new alley segment and the existing alley. The increased traffic volumes in the alley creating delays and blockages in the alley that will cause safety issues with employees crossing the alley and prevent clients from promptly reaching businesses.
Concern that FedEx and UPS drivers will not use the underground loading spaces.
Suggest instead a sidewalk cut-out on North Beverly Drive be provided for delivery vehicles.
Continued concern regarding northbound traffic making a left turn into the alley. Entrance to the alley needs sufficient signage in both directions so clients and vendors know how to enter the public alley. Use of Beverly Hills logo on signage is recommended. Also the use of a “blade sign” for the alley is suggested. The alley has the appearance of being another entrance into the hotel, not an entrance to the alley. This area should be differentiated from the rest of the alley. Use of the Beverly Hills logo is suggested.
Would like an additional alley entrance from North Rodeo Drive studied. Concerns about early evening construction.
Concerns about alley closures during construction.
Requesting a designated on-site individual hired by the City to monitor construction.
This individual should be through a $500,000.00 bond put up by the Applicant.
Staff Comment: The following information is available regarding the above identified concerns:
Truck Turns. Attachment K to the February 10, 2022 staff report included AutoTURN modelling software generated turn movement diagrams for 7 types of vehicles, ranging from a 30’ delivery truck to a 100’ BHFD Ladder Tiller truck. Each vehicle is shown Planning Commission Report
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February 24, 2022
successfully completing the turn movement (See pages 1-247 through 1-255 of the February 10, 2022 staff report).
Alley Traffic Volumes. Fehr and Peers will be available at the February 24, 2022 hearing to discuss traffic volumes in the alley.
Delivery Parking. The concern is that delivery vehicles will park in unauthorized locations and cause congestion in the relocated alley and/or on South Beverly Drive. A suggestion from public commenters is a sidewalk ‘cut-out’ to provide delivery loading space on South Beverly Drive. More information regarding a delivery vehicle ‘cut-out’ will be provided at the February 24, 2022 hearing. In addition, there are recommended Project conditions that are intended to deter delivery vehicle parking at unauthorized locations, including:
Condition 18: Requires “Stopping Prohibited” lane markings and signs in the relocated alley segment.
Condition 20: Allows the Director (and the Planning Commission upon referral) to re-review project loading if complaints are received regarding alley operation.
Additional conditions could be imposed on the Project. This condition has been updated to specifically identify that parking of delivery vehicles in unauthorized locations, including the relocated alley segment, can lead to additional delivery restrictions being imposed on the Project.
Condition 25 is a ‘catch-all’ condition where if there are unanticipated traffic, loading, or parking impacts, the Director can require the Applicant to submit additional analysis and require a noticed Planning Commission public hearing to review the matter and can impose additional conditions on the Project. Left turns into Alley. Fehr and Peers will be available at the February 24, 2022 hearing to discuss left turn movements into the relocated alley. Final EIR Response 6-13 (FEIR Pages 10.0-117 to -120) is a detailed discussion of left turn movements into the alley.
Staff, based on Fehr and Peers analysis, is recommending left turn movements into the relocated alley not be prohibited.
Public Alley signs. Staff is recommending a condition that incorporates the suggestion that the Beverly Hills logo be incorporated into required public alley signs. Condition 17 would require signs indicating that the alley is public with the size and location of these signs approved by the City and the signs must include the Beverly Hills shield logo. North Rodeo Drive Alley Entrance. Staff does not recommend an additional alley entrance on Rodeo Drive, as this would interrupt the continuous flow of pedestrian accessible retail street fronts on Rodeo Drive with a motor vehicle roadway. See additional discussion on
Alley Closures during construction. Recommended conditions that are related to this concern include:
o Condition 30. City Traffic Engineer review of the temporary placement of any construction equipment in the alley.
o Condition 31. 7-day notification to all other alley users of any partial or complete alley closure during construction.
o Condition 32. A current construction schedule be maintained on a website for the public.
Construction Monitoring. Condition 35 requires the Applicant to appoint a Construction Relations Officer and provide that individual’s contract information to tenants and owners on the alley.
Oral Comments and Submitted Letter From KOA Corporation. KOA submitted a detailed letter during the Draft EIR comment period. Responses to all comments in KOA’s Draft EIR Planning Commission Report
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February 24, 2022
comment letter are Section 10.0 of the Final EIR. On February 10, 2022, KOA submitted a follow up letter (See Attachment B) with outstanding concerns regarding the technical analysis completed in the Transportation Impact Report, the Local Transportation Assessment, the Parking Demand Analysis Study and the Alley Study. KOA reiterated the comments submitted in the letter orally at the February 10, 2022 hearing.
Staff Comment: Fehr and Peers, the City’s transportation consultant, will be available at the February 24, 2022 hearing to discuss the Transportation Impact Analysis and Local Transportation Assessment completed by Fehr and Peers for the City as well as the responses to comments included in the Final EIR. Fehr and Peers is also available at the February 24, 2022 hearing to discuss comments included in KOA’s February 10, 2022 comment letter.
The Applicant’s consultant Kimley Horn and Associates has prepared responses to the Parking Demand Analysis comments in KOA’s February 10, 2022 letter, which are included in the Applicant Response Package submitted for this hearing (See Attachment E). Also included in the Applicant Response Package is discussion of KOA’s comments regarding the relocated alley.
Regarding the relocated alley, KOA’s new comments include figures (Figures 2, 4 and 5) that assume delivery vehicles will be parked in the relocated alley segment and cause congestion by restricting the turn movement of other vehicles using the alley. KOA also asserted the entrance to the alley has not been modified to the desired degree since the October 28, 2022 hearing. The recommended Project conditions include multiple conditions (Conditions 17, 18, 19, 20, 24, and 25) to deter vehicles from parking in the relocated alley segment and other unauthorized locations, requires identification of the alley entrance, and provides the City flexibility to resolve alley operation issues in the future (see in Attachment D for full text of recommended conditions).
Concerns about Building Height: Concerns were raised about Project height including one commenter indicating that the nine story building at the Project location will destroy sense of village in the area. Another commenter wrote that luxury sky rise projects are unneeded and that social services, affordable housing and community bikes are needed instead. In addition, 20 form letters were received indicating concern regarding the height and density of the Project. The form letter also indicated concern with the traffic analysis.
Concerns about Housing/Affordable Housing: Representatives of a hospitality worker’s union commented that they would like to see housing incorporated into the Project and a portion of that housing be affordable housing. Including a housing component would create VMT (vehicle miles travelled) savings in the Project and help address the jobs housing imbalance. Other commenters noted that the Project does not include affordable housing, and that more affordable housing is needed, not additional overpriced hotels and apartments. In addition, 19 form letters were received indicating affordable housing concerns.
Staff Comment: In 2020, the City considered and adopted the Mixed Use Overlay Zone which allows residential uses in certain commercially zoned locations in the City. After an extensive and comprehensive planning effort, the City came to the conclusion that the Business Triangle, in which the Project Site is located, is not an appropriate location for mixed use residential development. See FEIR responses 2-20 and 2-56 for a detailed discussion regarding this topic.
Planning Commission Report
Cheval Blanc Beverly Hills Specific Plan
February 24, 2022
FEBRUARY 10, 2022 COMMISSIONER COMMENTS/QUESTIONS
Commissioner Demeter:
1) Can vehicles enter the motor court by a left turn from westbound South Santa Monica Boulevard?
Staff Comment: Recommended Condition #20 prohibits a left turn into the motor court and requires to Applicant to design and pay for signs and barriers to restrict this movement.
2) Can vehicles turn left from the center turn lane into the relocated alley from North Beverly Drive?
Staff Comment: Staff is recommending that a left turn from Northbound Beverly Drive not be restricted because any physical barriers in the North Beverly Drive center turn lane would conflict with southbound left turn movements into the City parking structure and the Bank of America Financial center subterranean parking. 3) How does a vehicle traveling westbound on South Santa Monica Boulevard enter the hotel if the left turn is prohibited? How will drivers know that the left turn is prohibited? Staff Comment: Drivers would have multiple options to access the site instead of making the left turn in question because of the grid pattern of the local street network surrounding the site. For example, a westbound driver could use North Santa Monica Boulevard, turn left onto Rodeo Drive and then turn onto eastbound South Santa Monica Drive. Alternatively, drivers could use westbound Brighton Way to northbound Rodeo Drive to eastbound Santa Monica to access the motor court. Wayfinding applications are updated to include prohibited movements and accurate access information provided to the site.
4) Is exiting the Motor Court a right turn only?
Staff Comment: Yes, the motor court exit is limited to a right turn only (See Condition 23)
5) Where is outdoor amplified music allowed?
Staff Comment: The specific plan allows for amplified sound in outdoor areas on the 6th, 7th, 8th and 9th levels until 11 PM. Minimum 6‘- tall clear acoustical screening is required around all the outdoor areas where outdoor amplified sound is allowed.
The FEIR studied off-site noise and noise levels did not exceed impact levels at any nearby sensitive receptor. It is noted that Conditions 8 and 9 require all windows and door to be closed between outdoor areas and adjacent indoor areas to ensure no amplified sound is occurring in the outdoor areas. 6) Are the number of events appropriate? (52 50-person club events, 6 150-person club events and 6 75-person public events per year)
Staff Comment: The Applicant Response Package provides additional information regarding events.
Commissioner Ross:
1. Shares concerns regarding the number of events. Concerns regarding foot traffic, noise, and traffic. Do additional studies need to be conducted? Staff Comment: The Applicant Response Package provides additional information regarding events. The Parking Demand Study did study a parking scenario of simultaneous events occurring at the hotel and identified 252 spaces would be needed in that unlikely situation. The LAZ Valet Parking Plan identifies that the number of spaces can be provided on-site through aisle stacking in the parking Planning Commission Report
Cheval Blanc Beverly Hills Specific Plan
February 24, 2022
structure. The LTA does account for the various uses on the Project Site including the club, so the 52 50-person club events are accounted for in the study. The larger 6-time a year events are not analyzed in the LTA. It should be noted from a regulatory perspective the City would not typically regulate the type of events identified in the Cheval Blanc Specific Plan in other buildings located in the Business Triangle.
2. Requesting information on Club Membership Criteria.
Staff Comment: The Applicant has indicated that additional information about club membership will be provided. On February 10, 2022 the Applicant stated that Beverly Hills residents are a key target for club membership as one purpose of the Club is to provide a Cheval Blanc experience to locals not staying at the hotel.
3. How do we determine that truck movements can occur in the alley. Staff Comment: AutoTURN Swept Path Analysis software was used to analyze vehicle turn maneuvers. The outputs from that software are shown on pages 1- 247 through 1-263 of the February 10, 2022 staff report. All modelled vehicles from 30-foot long trucks to 100-foot long BHFD trucks can make alley left turn movement.
Commissioner Ostroff
1. Direction to the Applicant and other alley users to get together and discuss the concerns regarding the alley and try to come to a resolution on the outstanding issues prior to the February 24 Planning Commission hearing.
2. Direction to return to the Commission on February 24, 2022 with clear information about the recommended vehicle turn movements associated with the Project. See the table below for the staff recommendations regarding the turn movements associated with the Project:
Project
Location
Recommendation Condition Reason
Motor Court
Entrance
No Left Turn from westbound
S. Santa Monica into the Alley
#22 To avoid causing delays to westbound
#1 lane by cars queuing to turn left.
Motor Court
Exit
Right turn only signage onto S.
Santa Monica. Add “Keep
Clear” lane markings in
eastbound S. Santa Monica
roadway.
#23 To avoid a dangerous left turn onto S.
Santa Monica. To avoid causing
backups into the motor court. To
provide space during busy traffic
conditions for Project traffic to enter S.
Santa Monica.
Alley Entrance Do not restrict left turns from
northbound N. Beverly Drive
into the alley.
N/A An existing two-way left turn lane
exists in N. Santa Monica Boulevard.
F&P conducted additional turn
movement observations at proposed
alley location (See discussion in FEIR
Response 6-13). F&P expects most
alley trips to enter alley from a
southbound turn movement. Physical
measures cannot be used to restrict
the left turn movement to the alley.
Alley Entrance Provide signage identifying the
Alley as public. Use the City of
Beverly Hills shield as part of
public signage.
#17 This is a permanent public alley and
public access should be clearly
identified. Note: The City controls the
Planning Commission Report
Cheval Blanc Beverly Hills Specific Plan
February 24, 2022
Project
Location
Recommendation Condition Reason
alley and can modify signage if greater
visibility is needed at any time.
Alley Roadway Provide signage and lane
markings indicating no
stopping. Have enforcement
methods if unauthorized
vehicle stops are occurring.
#18, #20,
and #25
If the relocated portion of the alley is
kept clear of stopped vehicles, alley
operation should occur as analyzed.
3. Direction to return the February 24, 2022 hearing with more information regarding the Private Club. Consider starting with a shorter membership list than 500 and potentially increase numbers over time. Consider how City of Beverly Hills residents are treated in club policies and membership.
The Applicant indicated that they will return with additional information on this issue.
Vice-Chair Hudnut
1. Give serious consideration to making the alley two-way up to the point of the new alley junction with the relocated alley.
A full response regarding two-way alley operation will be provided by City Staff at the February 24, 2022 hearing.
Chair Licht
1. Consider providing a vehicle delivery ‘cut out’ on S. Beverly Drive A full response regarding a delivery vehicle cut-out on S. Beverly Drive will be provided by City Staff at the February 24, 2022 hearing.
2. Consider making the alley look more generic so that it is clear it is public. Project public alley signage conditions have been included in this packet. The Applicant has indicated that they would be amendable to a more generic look on the alley if the City were to condition that requirement.
3. Is there data on the economic effect of other Cheval Blanc on their locations? The Applicant has indicated they will provide additional data regarding this issue at the February 24, 2022 meeting.
4. Concerns regarding the path of project vehicles from the motor court onto South Santa Monica to South Beverly and into the new alley. Direction to provide a drawing with a down ramp in the motor court. As an alternative, a dedicated right turn lane could be added to South Santa Monica at North Beverly Drive.
The Applicant has indicated that they evaluated on-site ramping extensively during Project design. They are concerned that it will make the ground floor of the Project auto dominated and the motor court would have to be enlarged. The Applicant indicated an on-site ramp will make the hotel pedestrian unfriendly, reduce the attractiveness of the building, and lead to lose useful space in the building at the ground floor. The Applicant has indicated that they will return to the February 24, 2022 hearing with additional information on this issue.
Planning Commission Report
Cheval Blanc Beverly Hills Specific Plan
February 24, 2022
NEXT STEPS
Staff seeks direction and comment on the materials provided for this hearing and direction on returning with City Council recommendation resolutions and a Planning Commission action resolution regarding the requested Vesting Tentative Parcel Map at a continued public hearing for the Project. Staff also seeks direction on the date and time to schedule the continued Public Hearing for the Project.
Report Reviewed By:
Timothea Tway, AICP,
City Planner
City of Beverly Hills
Planning Division
455 N. Rexford Drive Beverly Hills, CA 90210
TEL. (310) 285-1141 FAX. (310) 858-5966
Planning Commission Report
Attachment(s):
A. Applicant continuance request received March 3, 2022 B. Murray D. Fischer correspondence dated March 9, 2022 Report Author and Contact Information:
Masa Alkire, AICP, Project Manager
(310) 285-1135
[email protected]
Meeting Date: March 24, 2022
Subject: 456 and 468 NORTH RODEO DRIVE; 449, 451, and 453 NORTH BEVERLY DRIVE; and 461 through 465 NORTH BEVERLY DRIVE
(CHEVAL BLANC BEVERLY HILLS SPECIFIC PLAN PROJECT)
General Plan Amendment, Specific Plan, Zone Text and Map Amendments, Master Plan of Streets Amendment, Vesting Tentative Parcel Map, Encroachment Permits, Development Agreement and Final Environmental Impact Report (PL2000138)
A request for a new specific plan to allow for comprehensive redevelopment of the Project Site with a 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. Pursuant to the provisions set forth in the California Environmental Quality Act, the Commission will also consider a Final Environmental Impact Report. (Continued from the February 24, 2022 Planning Commission Special Meeting)
Project Applicant: 468 N Rodeo Drive LLC, 456 N Rodeo Drive LLC, 461 N Beverly Drive LLC, and 449 N Beverly Drive, LLC (Project Proponent: Cheval Blanc, a division of LVMH)
Recommendation: That the Planning Commission, based on the Applicant’s request, continue the item to a date uncertain and notice the future hearing consistent with the City’s public noticing requirements.
CONTINUANCE REQUEST
The Planning Commission has held public hearings regarding the Cheval Blanc Beverly Hills Specific Plan Project (“Project”) on February 10 and 24, 2022. Commissioner comments and direction were provided to the Project Applicant at the Project hearings. At the conclusion of the February 24, 2022 hearing, the item was continued to 7 PM on March 24, 2022. On March 3, 2022, the City received correspondence from the Applicant’s representative stating:
”We appreciate the Commission’s detailed comments, questions and requests made at the February 24, 2022 hearing on the Project. We are engaging in detailed studies regarding options for addressing the issues identified at the hearing. Those studies will take time, and we are therefore requesting continuance of consideration of the Project to a date uncertain” (Attachment A).
Planning Commission Report
Cheval Blanc Beverly Hills Specific Plan
March 24, 2022
After receipt of the continuance request, the City also received correspondence from the representative of neighboring retailers located in the 400 block of North Rodeo Drive (Hermes, Armani, and Chanel). This correspondence acknowledges their understanding that the Applicant has submitted the continuance request to the City and advises the Commission “that we will withhold further public comment and temporarily suspend pursuing the potential reversal of the alley until such time as the new LVMH hotel plan is re-submitted” (Attachment B).
NEXT STEPS
It is recommended that the Project hearing regarding this matter be postposed and be continued to a date uncertain. After the City receives revised information from the Applicant, a new hearing date for the Project will be noticed pursuant to the public noticing requirements of the Beverly Hills Municipal Code. These noticing requirements include newspaper noticing, mailed notice to property owners and residential occupants within 1000 feet of the Project Site, and posted notice on the Project Site. In addition, all individuals/groups registered with the City as a party interested in the Project will also receive notification of the future hearing.
Report Reviewed By:
Timothea Tway, AICP,
City Planner
City of Beverly Hills
Planning Division
455 N. Rexford Drive Beverly Hills, CA 90210
TEL. (310) 285-1141 FAX. (310) 858-5966
Planning Commission Report
Attachments:
A. Required Findings
B. Public Correspondence received since 2.24.2022 hearing C. 5.6.2022 Applicant letter regarding project revisions D. 2.23.2022 Applicant Letter regarding alley reversal
E. Comments and responses tables for Fischer1 and Fischer2 letters.
F. 2.24.2022 Applicant email regarding construction conditions of approval G. Draft Specific Plan dated 4.21.2022
H. 5.6.2022 Kimley Horn revised Parking Demand Analysis I. 5.18.2022 Kimley Horn additional In Lieu parking memorandum J. 4.21.2022 LVMH Club and Restaurant Operations and Usage Memo K. 5.6.22 LVMH Memorandum regarding Retail Parking
L. 5.9.2022 Iteris Microsimulation Traffic Study
M. 5.18.2022 Iteris Microsim supplemental memorandum.
N. 5.16.2022 Fehr & Peers Alternative Club Access Memo
O. Draft Project Conditions of Approval
P. 2.24.2022 Planning Commission Staff Report (w/o attachments) Q. 2.10.2022 Planning Commission Staff Report (w/o attachments) R. 10.28.2021 Planning Commission Staff Report (w/o attachments) S. Applicant Response Package submitted for 2.24.2022 hearing T. FEIR Mitigation Monitoring and Reporting Program (MMRP) U. Revised Conceptual Plans, dated 4.20.2022 (under separate cover) V. Proposed Vesting Tentative Parcel Map No. 82872 (under separate cover) W. FEIR (under separate cover) (also at www.beverlyhills.org/environmental) X. FEIR additions: new Appendix L (Supplemental Responses) and Appendix M (Supplemental Analysis); updated Appendix H.2 (Local Transportation Assessment) and Appendix K CalEEMod (under separate cover) Report Author and Contact Information:
Masa Alkire, AICP, Project Manager
(310) 285-1135
[email protected]
Meeting Date: May 26, 2022
Subject: 456 and 468 NORTH RODEO DRIVE; 449, 451, and 453 NORTH BEVERLY DRIVE; and 461 through 465 NORTH BEVERLY DRIVE
(CHEVAL BLANC BEVERLY HILLS SPECIFIC PLAN PROJECT)
General Plan Amendment, Specific Plan, Zone Text and Map Amendments, Master Plan of Streets Amendment, Vesting Tentative Parcel Map, Encroachment Permits, Development Agreement and Final Environmental Impact Report (PL2000138)
A request for a new specific plan to allow for comprehensive redevelopment of the Project Site with a 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. Pursuant to the provisions set forth in the California Environmental Quality Act, the Commission will also consider a Final Environmental Impact Report. (Continued from the February 24, 2022 Planning Commission Special Meeting)
Project Applicant: 468 N Rodeo Drive LLC, 456 N Rodeo Drive LLC, 461 N Beverly Drive LLC, and 449 N Beverly Drive, LLC (Project Proponent: Cheval Blanc, a division of LVMH)
Recommendation: That the Planning Commission review the Project revisions, conduct a public hearing and receive testimony on the Project; and provide direction to staff and the Applicant as appropriate
Planning Commission Report
Cheval Blanc Beverly Hills Specific Plan
May 26, 2022
REPORT SUMMARY
The Planning Commission held public hearings regarding the requested entitlements for the Cheval Blanc Beverly Hills Specific Plan Project (“Project”) on February 10 and 24, 2022. Public comments were received and the Commission provided comments and direction at the two hearings. At the conclusion of the February 24, 2022 meeting, the Commission continued the Project hearing to March 24, 2022. Subsequent to that action, the City received an Applicant request to continue the Project hearing to a date uncertain so that the Applicant could have more time to study options to address the issues raised at the hearings.
On April 22, 2022, the Applicant submitted revised Project application materials, with additional updated materials received by the City in early May, 2022. Evaluation of the updated application is included in the Final EIR as additional Appendix M – Supplemental Analysis (Attachment X).
This staff report includes the following:
a) Discussion of Project changes since the February 24, 2022 hearing. b) Summary of major issues raised by the Commission and public at prior public hearings. c) Analysis of the responsiveness of the Project changes the issues raised at prior hearings. d) Updated Draft Project Conditions of Approval annotated to indicate the relationship of a condition to issue(s) raised, with new conditions highlighted. e) A decision matrix for the Commission’s reference in their review of the amended Project.
PROJECT DESCRIPTION
A full description of the version of the Project reviewed by the Commission at the two February hearings is provided in the February 10, 2022 Staff Report (Attachment Q). The revised Project application materials were submitted to the City in late April and early May. Attached is May 6, 2022, Applicant correspondence that summarizes the proposed Project revisions (Attachment C).
This correspondence explains the Applicant’s rationale for the changes. Per the attached correspondence the main goal of the Applicant’s Project changes is to reduce the number of vehicles exiting the motor court during the PM peak hour by the equivalent of providing a downramp to subterranean parking within the motor court. Summarized, the Project revisions are:
• Re-allocate restaurant dining area on the 2nd floor (2,419 SF) and 7th floor (5,533 SF of indoor and 2,260 SF of outdoor for a total of 7,952 SF) to appurtenant dining areas accessible to hotel guests, club members, and their respective guests only. The previous iteration of the Project allowed for the possibility that members of the public could use these 2nd and 7th floor dining areas. It is now proposed that the public not have access to the two dining areas.
• Reduce the amount of floor area devoted to a spa use by eliminating this use from the 5th floor of the building. This removes 5,705 SF of spa use from the Project with 6,521 SF of spa floor area remaining on the building’s 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. • Provide 33 retail customer parking spaces offsite through an in lieu parking program. The proposal establishes a requirement that no retail parking will be provided via valet parking in the motor court. Provide up to 15 parking spaces on–site for very important person-very important client (“VIP-VIC”) retail customers shopping by appointment only. Provide up to 24 spaces on-site for retail employee parking.
• Modify the number of parking spaces provided on-site through reducing the number of compact and tandem spaces provided on levels B2 and B3 of the parking structure. 139 on-site spaces plus 33 in lieu spaces are now proposed for a total project supply of 172 spaces. The prior iteration of the project provided 185 on-site parking spaces.
Planning Commission Report
Cheval Blanc Beverly Hills Specific Plan
May 26, 2022
Table 1 is a comparison of the floor area allocation of the revised conceptual plan (Attachment U) with the version of the conceptual plan reviewed by the Commission in February. Yellow highlighting indicates where floor area has been modified:
Table 1 – Floor Area Modifications
2/10/22 Conceptual Plan Revised Conceptual Plan Change (SF) Hotel: Guest Rooms 98,673 SF (109 rooms) 104,378 SF1 (109 rooms) + 5,705 SF Hotel: Lobby and Circulation 23,413 SF 23,413 SF N/C
Hotel: Wellness Center 4,924 SF 4,924 SF N/C
Hotel: Employee Facilities/
Office/BOH (inc. central kitchen)
19,290 SF 19,290 SF N/C
Spa 12,226 SF 6,521 SF1 - 5,705 SF
Club: Screening Room, Lobby,
Circulation, Meeting Room, Lounge
8,198 SF 8,198 SF N/C
Hotel/Club restaurant NOT OPEN TO
PUBLIC
0 SF 7,952 SF2 +7,952 SF
SUBTOTAL: HOTEL, CLUB and
APPURTENANT USES Specific Plan
Use Category
166,724 SF 174,676 SF +7,952 SF
SUBTOTAL: RETAIL USES Specific
Plan Use Category
24,976 SF 24,976 SF N/C
SUBTOTAL: RESTAURANTS,
BARS, LOUNGES OPEN TO THE
PUBLIC Specific Plan Use Category
20,334 SF 12,382 SF2 -7,952 SF
TOTAL FLOOR AREA 212,034 SF 212,034 SF N/C
1 Guest room floor area increased on the 5th floor. Spa use deleted on 5th floor. 2 Dining area has been removed from Dining Area Open to the Public and reallocated to hotel/club use only dining area.
Table 2 is a comparison of the parking calculations for the previous version of the Project with the current proposal. Changes are highlighted in yellow:
Table 2 – Required Parking Comparison
USE
2/10/22
Conceptual
Plan
Revised
Conceptual
Plan
Proposed Specific Plan
Parking Requirement
Change
Hotel Guestroom 96 96 0.83 per rentable hotel room N/C
Hotel/Club Appurtenant Uses,
including dining (indoor and
outdoor) not open to the public
EXEMPT EXEMPT Included in hotel room parking
requirement (Specific Plan §
4.4)
Hotel/club dining (not
public) added to
appurtenant uses
Restaurants (indoor and
outdoor seating areas, kitchen,
back of house, restrooms)
59 (20,334
SF)
36 (12,382
SF)
1 per 350 SF floor area Public indoor dining
reduced 7,952 SF
Restaurants (outdoor seating) 14 (4,760
SF)
8 (2,500 SF) 1 per 350 SF floor area Public outdoor dining reduced 2,260 SF
Club 20 (7,001) 20 (7,001) 1 per 350 SF floor area N/C
Club lobby EXEMPT EXEMPT Exempt per Specific Plan § 4.4 N/C Retail 72 (24,976) 72 (24,976) 1 per 350 SF, Specific Plan §4.4 in lieu regulations modified
Partially met through in
lieu program1
SUBTOTAL 261 232
Planning Commission Report
Cheval Blanc Beverly Hills Specific Plan
May 26, 2022
USE
2/10/22
Conceptual
Plan
Revised
Conceptual
Plan
Proposed Specific Plan
Parking Requirement
Change
APPLICABLE CREDITS:
• Hotel Retail
Credit
-48 -39 Up to 50% of hotel spaces
can be credited to retail
Smaller credit because
reduction cannot exceed
retail spaces on site
• Proximity to
Transit Credit
-28 -21 Applies only hotel and
restaurant spaces
Reduction in public
restaurant reduces credit
TOTAL PARKING REQUIRED 185 172 parking reduction
primarily from public
restaurant SF reduction
TOTAL PARKING PROVIDED 185 139 on-site
and 33 in
lieu = 172
On-site parking modified
by reducing tandem and
compact spaces on
Levels B2 and B3
1 Revised Retail parking provided as follows:
• 28 new in lieu spaces
• 5 previously purchased in lieu spaces
• 15 on-site VIP-VIC parking spaces
• 24 retail staff on-site (33% of retail parking for staff is a similar requirement as the BHMC hotel regulations.
This parking is provided on-site for staff is a new regulation in specific plan.)
DISCUSSION
Planning Commission: Key Topics from February hearings
Motor Court
The Commission had many questions and comments regarding the operation of the Project’s motor court. Specifically, whether the number of vehicles using the motor court would result in excessive delays for vehicles exiting the motor court, particularly during the PM peak period. The concerns were: whether the resultant delays could cause vehicle back-ups within on-site circulation and potentially spilling onto South Santa Monica Boulevard; and whether the amount of traffic exiting the motor court during busy afternoon traffic on South Santa Monica Boulevard would negatively affect roadway operation. The Commission suggested potential design changes to resolve these issues, including:
• Providing a down ramp within the motor court to subterranean parking rather than relying on valets transferring vehicles on City streets (South Santa Monica Boulevard, Beverly Drive, and the relocated alley) to the down ramp location. • Modifying the proposed alley to a “T” configuration with access from both North Rodeo Drive and North Beverly Drive.
• Modifying South Santa Monica Boulevard to add a turn lane on South Santa Monica Boulevard for right turns onto North Beverly Drive.
The Applicant has articulated numerous reasons why the three suggested physical changes would have a detrimental effect on the Project, both at the February 24, 2022 hearing and in previously submitted written material for that hearing (Attachment S). After the February 24, 2022 hearing, the Applicant requested additional time to study the issues raised at the meeting. In the late April/early May 2022 resubmittal, the Applicant proposes a different approach than the suggestions listed above to resolve the motor court concerns. The Applicant’s approach is to revise Project operations to remove retail customer trips from the motor court and reduce Planning Commission Report
Cheval Blanc Beverly Hills Specific Plan
May 26, 2022
restaurant customer trips using the Project’s motor court. Discussion and analysis of this alternative approach is provided in the Revised Project Analysis section below.
Alley Reconfiguration and Operation
A significant amount of the February 24, 2022 hearing was devoted to the operation of the relocated alley. This included discussing the physical design to the Project, reversing the direction of traffic on the alley, and potential conditions of approval that could reduce the impact of the Project on other users of the alley. On February 23, 2022, three Rodeo Drive merchants located in the 400 block submitted a joint correspondence to Commissioners requesting that the Commission and City Council consider reversing the direction of travel on the alley to resolve their concerns regarding the Project’s effect on their businesses (See “Fischer2” letter, pp. 61-82 in FEIR Appendix L, included in Attachment X). The Applicant submitted information on February 23, 2022, responsive to the Alley reversal request (Attachment D). In summary, the Commission had the following comments regarding the Alley reconfiguration and the proposal to change the alley direction of travel:
• The Commission was provided many new documents and new information regarding reversing the flow of traffic one day before and on the day of the hearing, and Commissioners needed time to consider the issue. The change in flow of traffic may resolve some issues but presents other issues. These issues include: a) the effect of vehicles exiting onto N. Beverly Dr. and, b) what turning movements should vehicles exiting onto N. Beverly Dr. be allowed to make.
• Commissioners acknowledged staff Project design and condition recommendations regarding alley operation. However, since new information was introduced to the Commission shortly before the hearing, including the potential of reversing the flow of traffic on the alley and the potential use of N. Beverly Dr. curb-space for valet operations and a daytime short-term delivery zone, staff recommendations needed to be updated so these additional Project variables are addressed.
• Both the Applicant and the group of Rodeo Dr. merchants with alley operation concerns should engage in good faith negotiations to resolve the outstanding alley operational issues.
Staff analysis below discusses both the feasibility of reversing the travel direction on the alley and recommends additional Project conditions regarding the alley. The staff recommendation is that reversal of the alley is physically feasible and could be implemented given the current physical design of the building. However, staff recommends that the Commission impose Project conditions that control alley operation with the current north to south traffic flow and recommends that the issue of reversing the alley be considered through a process separate from the Project decision. A separate alley reversal review process could be led by the Public Works DepartmentTransportation Division. This would allow the City Department that manages and operates the City’s roadway network to lead a public process that seeks to engage all merchants and landowners that share the alley. This would also allow for a full discussion of the alley operation before the Traffic and Parking Commission. Additional discussion of this topic is provided in the Revised Project Analysis section of this report.
Club Operation
After reviewing the Applicant’s information regarding daily club operations and special events attached to the February 24, 2022 staff report (Attachment S), the Commission had additional questions regarding the club:
Planning Commission Report
Cheval Blanc Beverly Hills Specific Plan
May 26, 2022
• The Commission requested information regarding the economics of club operation: Has a pro forma had been prepared? What are the monthly dues anticipated for club membership?
• Questions about the benefit of the Club to the residents of the City of Beverly Hills were raised.
• Further discussion was held regarding starting with a smaller membership list and potentially increasing the number of members over time.
At the February 24, 2022, hearing the Applicant identified that they would be willing to scale up the membership numbers for the private club over a 3-year period, starting with 250 members allowed the first year of club operation, adding an additional 125 members the second year and another 125 members the third year of club operation for a total membership of 500 members by the third year of operation. This approach is restated in the club operations discussion included in the Applicant’s May 6, 2022 letter describing Project revisions (Attachment C). Recommended draft Condition 11 requires that maximum club membership gradually increase over three years as described above (See Attachment O). The Applicant also stated at the hearing that they have not yet developed a detailed pro forma, as they do not require financing to develop the Project and they are approximately 4 years away from opening the club. The Applicant stated at the hearing there was a willingness to reserve some portion of the club membership for Beverly Hills residents, however, that statement was not reiterated in the club operation discussion in the Applicant’s May 6, 2022 letter.
Public Comments
Written comments not previously distributed to the Commission, received prior to and on the day of the February 24, 2022 hearing, are included in the attached FEIR Appendix L: Supplemental Responses (Attachment X). Correspondence received after the February 24, 2022 hearing, but prior to publication of this staff report are attached (Attachment B). Public comments in support of the Project and opposed to the Project were received at and before the February 24, 2022 hearing and are briefly summarized as follows:
• Comments in support of the Project discuss the quality and beauty of the Project, the beneficial economic effects on the City’s business triangle, and the benefit of adding a high-quality hotel on the City and region in general.
• Comments with concerns about the Project included:
o The City’s 6th cycle General Plan Housing Element not yet certified by the State and this Project does not include a housing/affordable housing component o The effect of the proposed height and density on the village feel of the City’s business triangle
o The negative effect of Project traffic, particularly on S. Santa Monica Boulevard o The negative effects of prolonged Project construction The following CEQA responses relevant to the public comments identified above are included in the FEIR Appendix L: Supplemental Responses (Attachment X):
City Housing Element and Housing within the Business Triangle. Master Response 1 (See page 3 of Appendix L) discusses the City’s General Plan Housing Element and recent zoning changes that increase the potential for new housing in the City.
Project Site Zoning and Proposed Density and Height. Master Response 2 (See page 5 of Appendix L) discusses the zone change, as well as height and density.
Planning Commission Report
Cheval Blanc Beverly Hills Specific Plan
May 26, 2022
Project Transportation Analysis Overview. Master Response 3 (See page 7 of Appendix L) discusses the Project’s transportation analysis in terms of the CEQA required VMT analysis for the Project. In addition, the Local Transportation Assessment (LTA) has been updated (See Appendix H.2, Attachment X) to evaluate the proposed Project modifications. The LTA intersection analysis is updated to take into account reductions in Motor Court trips and the redirection of retail parking to off-site public parking structure locations, as a result of the proposed in lieu parking approach.
Project Construction. Appendix L: Supplemental Responses (Attachment X) provides individual responses to construction concerns submitted in written correspondence received for the February 24, 2022 hearing. The draft Conditions of Approval (Attachment O) includes various draft conditions labeled “(CONSTRUCTION)” that are intended to control and/or reduce the construction effects of the Project.
Rodeo Drive Retailers’ Comments
Representatives of three retailers located on the 400 block of Rodeo Drive provided comments at the February 24, 2022 hearing and submitted multiple correspondence identifying concerns with the Project and suggesting conditions to reduce the potential impacts of the Project on these retailers. Eight pieces of written correspondence submitted by representatives of the three retailers, as well as responses prepared by the City’s CEQA consultant, are included in Appendix L: Supplemental Responses (Attachment X). The written correspondence is included in Appendix L as: “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).
The eight correspondence each contain numerous concerns, as well as requests for specific conditions to be placed on the Project. It appears that Fischer1 (undated) and Fischer2 (dated February 23, 2022, and signed by a representative of Hermes, Chanel and Giorgio Armani) consolidate the topics of concern of these retailers and compile the requests made at the February 24, 2022 hearing. Two tables are attached (Attachment E) that list the topics raised in the Fischer1 and Fischer2 letters and provides a response to each topic. Also attached is a February 24, 2022 email from the Applicant responding to specific requests for additional conditions of approval (Attachment F).
REVISED PROJECT ANALYSIS
Dining Area Changes
The revised Project reallocates 7,952 SF of floor area (on 2nd and 7th Floors) from the public restaurant/bar area use category to appurtenant dining uses only accessible to hotel guests, club members and their respective guests. The prior version of the draft Specific Plan identified that the two subject dining areas may be open to the public. In order to provide a conservative EIR and Local Transportation Assessment analysis these areas were previously treated as publicly accessible, thus the two dining areas were considered to generate customers and vehicle trips in addition to trips generated by hotel and club operation. The Applicant reviewed the dining operations in their Paris hotel (Attachment J) and discovered that approximately half of the diners in their Paris hotel restaurants are hotel guests. Thus, the Applicant has decided to forgo the option of allowing the public to dine in the two areas. The implications of this change are:
Planning Commission Report
Cheval Blanc Beverly Hills Specific Plan
May 26, 2022
• The regulations of the Specific Plan (Attachment G) are updated to identify these two areas are only available to hotel guests, club members and their respective guests, and not open to the public.
• The trip generation assumptions in the Local Transportation Assessment have been revised downward because separate non-hotel and non-club related vehicle trips will no longer arrive to visit the 7,952 SF of reallocated floor area. • The reduction in public restaurant customer trips contributes a reduction in number of vehicles using the Project’s motor court, particularly during the PM peak hour when trips associated with restaurant customers are expected to arrive for evening meals.
Staff Recommendation:
• Draft Condition 9 is recommended. The condition requires the installation of signs restricting the two dining areas to hotel and club use and requires the Applicant supply information, upon the City’s request, to verify that the two dining areas are only used by hotel guests, club members, and their respective guests.
Spa Floor Area Reduction
The revised plan eliminates 5,705 SF of spa floor area from the 5th floor of the building. This floor area has been incorporated into the hotel rooms on the 5th floor with no increase in the number of hotel rooms. The spa use remains unchanged on the 4th floor. This change is an almost 50% reduction in the amount of spa floor area in the Project. The Specific Plan classifies the spa use as publicly accessible. Therefore, the reduction in the spa use floor area results in a reduction in the number of non-hotel guest/non-club member spa customer vehicle trips projected to be generated and contributes to a reduction in number of vehicles using the Project motor court.
Retail Parking Modifications
The revised Project allows for 33 of the Project’s 72 required retail customer parking spaces to be provided through participation in an in lieu parking program. The proposal is also amended to provide 15 on-site retail customer spaces to VIP-VIC customers who would only be shopping by appointment, and 24 on-site retail staff parking spaces. These changes are reflected in the parking regulations contained in Section 4.4 of the revised Specific Plan (Attachment G).
In lieu parking program: An in lieu parking study is included on pages 12 and 13 of the revised Kimley Horn Cheval Blanc Parking Demand Analysis Study (Attachment H). An inventory of 772 parking spaces is available in five City parking structures located within 750 feet of the Project Site. Data was collected on weekdays and weekends in 2021 and 2022 to evaluate parking occupancy in the five structures. A peak parking occupancy of 375 spaces was identified (Weekend 3PM), so minimum available public parking supply was determined to be 397 spaces.
The available supply exceeds the 33 space in lieu parking space proposal. The available supply also exceeds the cumulative total of the requested in lieu parking spaces and the 83 in lieu spaces previously approved for other Projects in the vicinity that are not yet operational. In addition, the Applicant submitted a supplemental in lieu memorandum with supplemental field surveys conducted in May 2022 (Attachment I) that support the finding that supply in excess of the in lieu request is available in public parking structures in the vicinity of the Project.
On-Site VIP-VIC customer parking: VIP-VIC customers will be provided direct access into the Project’s subterranean parking structure by building security staff at their designated arrival time and will be escorted by retail staff from parking stalls located on Level B2 into elevators with direct access into the Project’s retail spaces. The Applicant has submitted a Retail VIP-VIC Customer Planning Commission Report
Cheval Blanc Beverly Hills Specific Plan
May 26, 2022
Parking Memo (Attachment K) that describes the process of VIP-VIC retail customer vehicle entry, store access, and customer vehicle departure from the site. VIP-VIC retail customers will not use the Project motor court because these vehicles will access the site from the alley adjacent parking down ramp accessible from North Beverly Drive and exit the site via the alley.
Retail Staff Parking. Retail staff will directly access the Project’s underground parking through key card access and exit the site via the alley. These trips will not enter or exit the hotel motor court.
Section 4.4 of the draft Specific Plan has been modified to require 33% of the required retail parking spaces be provided on-site for employees. The 33% retail employee requirement is intended to be similar to the employee parking requirements contained the City’s hotel regulations (BHMC §10-3-2866).
Staff analysis concludes the following regarding the proposed retail parking modifications:
• The Project has been revised so that none of the vehicle trips associated with the 24,976 SF of retail floor area will the Project’s motor court. The draft conditions of approval have been modified to prohibit all retail trips, both regular and VIP, from using valet services in the Project’s motor court (See draft Conditions 27 and 28). • Many retailers on Rodeo Drive participate in an in lieu parking program. The City has previously approved in lieu parking program participation for projects on Rodeo Drive involving new construction. The Applicant is requesting that the retail component of their Project be allowed similar treatment as other new retail projects on Rodeo Drive.
While the Project exceeds the bulk and size limits for BHMC in lieu parking program participation, the proposed Specific Plan includes the provisions that allow for the retail component of the Project to participate in an in lieu parking program. • According to 1996 City building permit records, 5 in lieu parking spaces were previously purchased for the former Brooks Brother’s building on the Project site. These previously purchased spaces may be credited against the in lieu parking requirement for the current Project. Thus the Applicant would be required to pay for an additional 28 new in lieu parking spaces.
• The current cost of an in lieu space for a project on Rodeo Drive is $51,674.00 per space. Under the current cost, the Project would be required to pay a total of $1,446,872.00 for 28 spaces.
Revised Parking Demand Calculation and Revisions to On-Site Parking The Project revisions result in a lower parking requirement for the Project. The following is a summary of the changes to the Project’s parking demand calculation and discusses how the Project’s required parking supply has been modified:
• The updated Kimley Horn Parking Demand Study (Attachment H) studies the revised project with the same methodology used for the previous iteration of the Project. The Parking Demand Study analyzes the Project’s peak parking demand using two different methods: 1) a parking demand analysis based on the principles described in the Urban Land Institute’s (ULI) publication “Shared Parking” and 2) an additional approach that looks at City Code parking requirements for the Project uses, applies parking credits available in the Code, and applies that time of day demand rates published in the ULI shared parking publication be applied the “code-required” parking calculation. Using both methods, the highest peak parking demand is 151 parking spaces. • Table 2 in Section 4.4 of the revised draft Specific Plan (Attachment G) provides parking requirements for each Project use. 172 parking spaces are required for the Project based Planning Commission Report
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on the proposed parking regulations in the draft Specific Plan. This parking requirement exceeds the highest peak parking demand in the Parking Demand Study (151 spaces). • The number of parking spaces available on-site (See Attachment T - Conceptual Plans) has been reduced from 185 parking spaces to 139 parking spaces. The Project meets the revised parking requirement through a combination of 139 on-site spaces and 33 in lieu spaces, for a total of 172 parking spaces.
• The reduction in the amount of required parking (from 185 spaces to 172 spaces) is primarily attributable to the reduction in publicly accessible restaurant space. The parking needs for 2nd and 7th floor dining areas accessible to hotel guest, club members and their respective guests is now accounted for in the required parking for the hotel and club uses. • The size of the 3 level subterranean parking area has not been changed in the revised Project. The number of on-site spaces has been reduced from 185 spaces to 139 spaces due to restriping of parking spaces on levels B2 and B3. The re-striping eliminates many of the previously proposed compact and tandem spaces.
Staff Recommendation:
• Reducing the number of on-site parking spaces provided on levels B2 and B3 appears reasonable as the revised Project’s parking supply exceeds the calculated parking demand. However, if the Commission concludes that providing additional on-site spaces would be appropriate there is space to add at least 17 additional tandem spaces on levels B2 and B3. That would raise the on-site parking supply to 156 spaces and the Project’s overall parking supply to 189 (156 on-site + 33 in lieu).
Operational Changes to Motor Court
As discussed earlier in this section, the revised Project reduces the number of vehicles using the Project motor court because: 1) the number of public restaurant customer vehicle trips has been reduced, and 2) all retail customer vehicle trips are removed from the motor court.
Section 6.4.1 (page 40) of the revised FEIR Appendix H2: Local Transportation Assessment (Attachment X) evaluates the revised motor court operation of the document. The following table summarizes the reduction in number of vehicle trips leaving the motor court in the PM peak hour and the reduction in average vehicle delay compared to the previous iteration of the Project.
Table 3: PM Peak Hour Motor Court Vehicle Exits
# of Vehicles exiting
motor court in Peak PM
hour
Average Vehicle Delay
(Future conditions + Project)
February version of
Project
235 vehicles 89.8 seconds
Revised Project 148 vehicles 42.8 seconds
At the February 24, 2022 hearing the Commission suggested redesigning the Project to add a vehicle down-ramp directly from the motor court into the subterranean parking structure. Fehr & Peers has determined that adding a down ramp would reduce the number of vehicle trips leaving the motor court by 95 trips in the PM peak hour (number of valet trips in the PM peak hour).
Adding a down-ramp to the February version of the Project would result in 140 vehicles exiting the motor court in the PM peak hour. This would be a 40% reduction in number of vehicles exiting in the PM peak hour. The proposed revised Project changes instead results in 148 vehicles exiting in the PM peak hour, which is a 37% reduction from the February version of the Project. Thus the Planning Commission Report
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proposed change in the number of motor vehicle exits in the PM peak hour appears to be roughly similar to the addition of a down-ramp to the February version of the Project, if all other aspects of the Project remained constant.
In submitted written and verbal comments, the transportation engineer commenting on the Project on behalf of the group of three Rodeo Drive retailers stated that a microsimulation traffic study should be completed for the Project to better understand the effects of motor court traffic on the operation of South Santa Monica Boulevard. The Applicant retained the firm Iteris to complete a Microsimulation Traffic Study (Attachment L). The microsimulation analysis provides a more thorough evaluation of if and how the motor court operations would affect internal circulation at the Project site and overall traffic operations in the local vicinity of the Project. The City’s consultant, Fehr & Peers reviewed the microsimulation findings and concluded that the simulation model demonstrates that the Project would not result in extensive queuing in the motor court or result in vehicles queuing onto eastbound South Santa Monica Boulevard while waiting to enter the motor court.
Staff Recommendation:
• The proposed operational revisions to the Project result in substantial reductions in the number of vehicles exiting the motor court in the PM peak hour (37% reduction) and the average vehicle delay in the PM peak hour (52% reduction). It is possible to make additional changes to Project operations to further reduce the number of vehicles using the motor court.
• At the February 24, 2022 hearing, staff provided information regarding using curb space on North Beverly Drive to move certain vehicle trips out of the motor court. It is still recommended that curb space on North Beverly Drive can be used to further reduce the number of vehicles using the motor court. Club member trips could be removed from the motor court by providing curbside valet service for the club on North Beverly Drive directly in front of the ground-level entrance into the club lobby. Key card access for club members to drive directly into the subterranean parking could also be provided. • Fehr & Peers has evaluated these additional club valet/self-park changes (Attachment N) and has determined that prohibiting club trips from using the motor court would result in 116 PM peak hour trips exiting the motor court. This is an additional 32-vehicle trip reduction in PM peak hour trips compared the 148-peak hour vehicle motor court exits projected for the revised Project, and a 119 vehicle reduction compared to the 235 vehicle exits from the motor court projected for the February version of the Project. Motor court delay would be reduced to 33.8 seconds (an additional 9-second reduction compared to the revised Project and a 56-second reduction compared with the February version of the Project).
• Draft Conditions of Approval 29 (Valet Parking for Club Use), 30 (Club Member SelfParking) and 31 (Valet Access Only Signage) are recommended. These conditions prohibit club members from using the motor court valet service, identify the design of the Beverly Drive curbside location for club member valet services is subject to City review, require club members have direct key card access to parking, and require signs to be installed to direct self-driving club members to exit the Project site via the alley.
Reverse Direction of Traffic flow on Alley
On the day prior to the February 24, 2022 Project hearing, the representative of the three retailers located on Rodeo Drive (See Fischer2 letter in Appendix L, Attachment X) submitted correspondence proposing that changing the direction of alley traffic be considered. The letter states that reversal of alley direction would resolve most, if not all, of the concerns these Planning Commission Report
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merchants have regarding the Project. The Applicant submitted a letter to the City on the same day as Mr. Fischer’s letter (Attachment D) that responded to the proposal to reverse the flow of the alley. The Applicant’s letter indicated that they had met with the three retailers on February 22, 2022, to discuss the retailer’s proposal that the Alley be accessed from Brighton Way and exit onto North Beverly Drive. The Applicant’s letter included turn sweep diagrams that evaluated whether the larger vehicles (delivery trucks, trash trucks, and emergency vehicles) could still navigate turns within the proposed public alley right-of-way if the direction of alley traffic was reversed. These diagrams indicate that the studied vehicles can make the turn movements within the proposed alley right-of-way. The Applicant’s submitted turn sweep diagrams also indicate that vehicles leaving the Project site that have to complete a “U-turn” movement out of the subterranean parking structure if the alley flow is reversed have adequate space to do so. The turn sweep diagrams also indicate that delivery trucks could still access the two on-site loading bays if the alley travel direction is reversed.
The Applicant stated in their February 23, 2022 letter, based on the turn sweeps produced for a reverse alley traffic flow, that the Project as currently designed would not preclude any future application to the City that the other alley users may wish to make to request the flow of traffic in the alley be reversed. The Applicant made clear in their May 6, 2022 correspondence (Attachment C) that reversing the flow of traffic is not a part of their Project application.
The other retailers met with Community Development and Public Works staff on March 16, 2022, to further discuss reversing alley traffic flow. The City requested that the retailers who would like the alley traffic flow reversed provide information regarding:
• How reversal of the alley would affect the existing on-site circulation for each property owner/retail tenant located in the 400 block of North Rodeo and North Beverly Drives. • Provide analysis of the vehicle operations at the North Beverly Drive exit to a reversed alley so the City may evaluate operations at this intersection and consider any traffic operations restrictions at this location.
• Conduct outreach to other property owners and tenants who use this segment of alley.
As of the writing of this report, the City has not received additional information from the three retailers on Rodeo who have suggested that reversal of alley traffic flow be considered.
Since the February 24, 2022 hearing, City Staff further evaluated reversing the flow of traffic on the alley and has the following comments regarding physically accommodating this request:
• If alley traffic flow were reversed, trash service could still be accommodated with minor adjustments to the route used by the City’s trash service vendor. • The turn sweep diagrams submitted by the Applicant’s traffic engineer conclude that the 20’ wide relocated alley right-of-way, which widens to 25’ at the intersection with the existing alley and widens to 29’ at the intersection of the relocated alley and North Beverly Boulevard, can accommodate larger vehicles using the alley. • If alley operation was reversed, two-way alley roadway operations would occur on the alley at the intersection with North Beverly Drive. Vehicles accessing the Project’s parking structure would enter and alley traffic would exit at the intersection. The conceptual plan provides 29’-8” of curb to curb roadway width for vehicles maneuvering at this intersection. The usable vehicle roadway widens to over 32’ feet at the entrance to the parking structure down-ramp. Thus 20’ of public right-of-way is available to vehicles traveling eastbound on the alley, leaving at least 9’-8” to 12’ available to Project vehicles Planning Commission Report
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travelling westbound into the Project’s parking structure. The physical dimensions of the proposed relocated alley appear large enough to accommodate both eastbound one-way alley traffic and westbound Project traffic into the parking structure. • Vehicles exiting a reverse flow alley onto North Beverly Drive would be entering a busier two-way roadway with nearby parking structure entrances than the existing alley exit onto one-way westbound Brighton Way. While the operation of an alley that exits onto North Beverly Drive is physically possible, there should be consideration of traffic safety measures and whether left turn movements out of the alley should be allowed.
Staff Recommendation on Alley Reversal
Based upon further consideration of this issue, the staff recommendation is:
• The physical design of the relocated alley segment would not conflict with the City’s ability to change the direction of the alley in the 400 block. Trash service operations is not an impediment to changing traffic flow direction. Thus the physical characteristics of the Project would not conflict with a change of alley direction. • In addition to the three retailers who are requesting the change in alley direction, there are many other users of this alley. Outreach and an invitation to discuss this proposed modification should occur with all alley users located in the 400 block as part of considering an alley direction change.
• The Applicant has not requested the change in alley direction as part of their Project Application.
• It is recommended that any future application to change the direction of the alley be reviewed by Public Works– Transportation Division and the Traffic and Parking Commission. The Public Works– Transportation Division should be the City’s lead department in reviewing a request to change the direction of traffic flow on a public alley as this division is responsible for the planning and operation of the City’s transportation circulation network. Public review and consideration of a request to modify alley direction could occur at the Traffic and Parking Commission.
• Draft Condition 25 (Future Modification of Alley Direction of Travel) is recommended, which incorporates many of the requests made by the three Rodeo retailers regarding conditions for any future reversal of traffic on the alley that is considered by the City.
Conditions on Alley Operation
The Draft Conditions of Approval (Attachment O) include multiple recommended conditions to control alley operations. These conditions are intended to control alley operations based on the maintaining the existing one-way travel with an exit onto Brighton Way. However, the recommended conditions all continue to be appropriate, with the exception of Condition 20 (Public Alley Signage), if the flow of traffic on the alley was reversed in the future. In summary, the alley specific recommended conditions are:
• Public Alley Easement. Condition 19 added for May 26 hearing. This condition specifies terms that must be included in the public alley easement that will be granted to the City. • Public Alley Signage. Condition 20 updated for May 26 hearing. Additional provisions requested by the three Rodeo Drive retailers has been added to alley signage requirements. Signs must be a ‘blade’ signs and provide directional information. • Public Alley “Stopping Prohibited” Lane Markings and Signage. Condition 21 previously recommended.
• Existing In-Alley Loading Zone Modification. Condition 22 continues to be recommended to provide the Public Works Director information needed to evaluate alley operation and the authority to require the Applicant to pay for any needed operational changes.
Planning Commission Report
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• Install Cameras to Monitor Alley. Condition 23 added for May 26 hearing. Requires the Applicant install cameras to monitor vehicle operations in the relocated alley. • South Facing Ground Floor Pedestrian Entrances Restrictions. Condition 24 added for the May 26 hearing. The purpose of this condition is to deter delivery vehicles from stopping in the relocated alley as non-employee pedestrian building entry is not allowed adjacent to the relocated alley.
• Loading Scheduling System and Loading Review. Condition 26 previously recommended.
• On-street Loading and Delivery. Condition 35 updated for May 26 hearing. • Unanticipated Traffic, Loading, or Parking Impacts. Condition 36 previously recommended.
Construction Conditions
The three Rodeo Drive retailers provided numerous comments and condition suggestions regarding the Project construction. A point by point discussion of their consolidated written comment letters (Fischer1 and Fischer2) is included in Attachment E. The recommended Project conditions include many construction specific conditions, which are noted as (CONSTRUCTION) in the Draft Conditions of Approval (Attachment O). The conditions require preparation of a construction management plan as well as a construction traffic management plan and construction worker’s parking plan. The following conditions have been added or modified to further address some of the concerns raised during the public hearings:
• Added Condition 42. During construction, the relocated alley segment cannot be closed to public traffic earlier than 10 PM or later than 8AM. • Modified Condition 47. The Construction Relations Officer is now required to be a City consultant or employee, with the Applicant responsible for providing a deposit to pay for the officer.
DRAFT CONDITIONS OF APPROVAL
The Draft Conditions of Approval document (Attachment O) is intended to aid the Commission in their review of appropriate conditions for the Project. Each condition has been labelled to denote a topic to which it is intended to apply. New conditions added since the February hearings are highlighted in yellow. Both the public comments and Commission comments made at prior hearings have been reviewed and Staff believes the recommended conditions are appropriate and responsive to the neighbor concerns in a manner consistent with how the City typically imposes conditions.
PROJECT DECISION MATRIX
The table on the following page is provided as a guide to help the Commission navigate the decision-making process for the Project:
Planning Commission Report
Cheval Blanc Beverly Hills Specific Plan
May 26, 2022
Table 4: Project Decision Matrix
Action Item Tasks Decisions
Final EIR
Certification
Recommendation
• Review Final EIR
• Review additional
Appendices L and M
• Review revised Appendices
• Direct staff: revisions or
additional analysis required?
• Direct staff: prepare Council
recommendation.
General Plan
Amendment; Master
Plan of Streets
Amendment; Zone
Text/Map
Amendments
• Based on a review of General
Plan policies, provide
direction on policy findings for
the Project.
• Direct staff: prepare a
recommendation resolution
regarding GP/MPS
Amendment and ZTA/ZMA,
including general plan
consistency findings.
Specific Plan • Review major outstanding
issues: Motor Court, Alley,
and Construction
• Review Draft Specific Plan
• Review Conceptual Plan
• Review Conditions of
Approval
• Decision-making: major
issues
• Changes to Specific Plan?
• Changes to Conceptual Plan?
• Additions/Modifications to
Conditions of Approval?
• Direct staff: Prepare Council
recommendation
Vesting Tentative
Parcel Map
• Review map merging 4 lots
into 1 lot.
• Review alley relocation and
proposed new alley easement
• Direct staff to prepare
resolution approving map
contingent on Council
approval of other entitlements
NEXT STEPS
Staff seeks direction and comment on the revised project and the materials provided for this hearing. Direction is sought on returning to the scheduled Monday June 13, 2022, continued public hearing for the Project with City Council recommendation resolutions and a Planning Commission action resolution regarding the requested Vesting Tentative Parcel Map.
Report Reviewed By:
Timothea Tway, AICP,
City Planner
City of Beverly Hills
Planning Division
455 N. Rexford Drive Beverly Hills, CA 90210
TEL. (310) 285-1141 FAX. (310) 858-5966
Planning Commission Report
Attachments:
A. Draft Resolution recommending certification of the Final EIR B. Draft Resolution recommending approval of GPA, MPSA, ZTA, and ZMA C. Draft Resolution recommended adoption of the CBBH Specific Plan and associated encroachment permits
D. Draft Resolution conditionally approving VTPM
E. Public Comment Letters
F. Applicant Correspondence
G. Fehr & Peers memorandum regarding Club Valet modification H. Fehr & Peers memorandum responding to 5.25.2022 KOA letter I. Conceptual Project Plans (under separate cover)
J. Final Environmental Impact Report (under separate cover) K. Final Environmental Impact Report Appendix M-1
Report Author and Contact Information:
Masa Alkire, AICP, Project Manager
(310) 285-1135
[email protected]
Meeting Date: June 13, 2022
Subject: 456 and 468 NORTH RODEO DRIVE; 449, 451, and 453 NORTH BEVERLY DRIVE; and 461 through 465 NORTH BEVERLY DRIVE
(CHEVAL BLANC BEVERLY HILLS SPECIFIC PLAN PROJECT)
General Plan Amendment, Specific Plan, Zone Text and Map Amendments, Master Plan of Streets Amendment, Vesting Tentative Parcel Map, Encroachment Permits, Development Agreement and Final Environmental Impact Report (PL2000138)
A request for a new specific plan to allow for comprehensive redevelopment of the Project Site with a 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. Pursuant to the provisions set forth in the California Environmental Quality Act, the Commission will also consider a Final Environmental Impact Report. (Continued from the May 26, 2022 Planning Commission Special Meeting) Project Applicant: 468 N Rodeo Drive LLC, 456 N Rodeo Drive LLC, 461 N Beverly Drive LLC, and 449 N Beverly Drive, LLC (Project Proponent: Cheval Blanc, a division of LVMH)
Recommendation: That the Planning Commission:
1. Conduct the public hearing and receive testimony on the Project; and
2. Review the attached City Council recommendation documents and take action as appropriate; and
3. Adopt a resolution conditionally approving Vesting Tentative Parcel Map No. 82872
REPORT SUMMARY
The Planning Commission held public hearings regarding the requested entitlements for the Cheval Blanc Beverly Hills Specific Plan Project (“Project”) on February 10, 2022, February 24, 2022, and May 26, 2022. Public comments were received and the Commission provided comments and direction at the three hearings. With the exception of the requested vesting tentative parcel map, the requested entitlements require legislative action by the City Council, and the Planning Commission is tasked with reviewing the land use requests and providing Planning Commission Report
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June 13, 2022
recommendations to City Council. Based upon the Commission’s direction draft recommendation documents have been prepared for the following:
A) Draft Resolution recommending certification of the Final EIR (Attachment A) B) Draft Resolution recommending approval of a General Plan Amendment, Master Plan of Streets Amendment, Zone Text Amendment, and Zone Map Amendment to establish the Cheval Blanc Beverly Hills Specific Plan (Attachment B) C) Draft Resolution recommending adoption of the Cheval Blanc Beverly Hills Specific Plan and associated encroachment permits (Attachment C)
The Planning Commission is the City of Beverly Hills decision-making body for subdivision maps.
Therefore, a draft resolution has been prepared for the Planning Commission’s consideration to approve Vesting Tentative Parcel Map No. 82872 (Attachment D). The Planning Commission’s action on the Vesting Tentative Parcel Map is contingent on the City Council’s approval of the rest of the requested Project entitlements.
DISCUSSION
Project Changes Directed at the May 26, 2022 Hearing
The Planning Commission reviewed materials provided at the May 26, 2022, hearing that discussed using curb space on North Beverly Drive for club member valet operations and providing club members the option to drive directly into the Project’s subterranean parking structure. The Planning Commission considered these changes and directed that the modifications be incorporated into the Project. Project Conditions 29 and 30 included in the Specific Plan conditions of approval (see Attachment C) require this Project modification.
Project Conditions of Approval
At the May 26, 2022 hearing, the Planning Commission systematically reviewed the draft conditions of approval for the Project and directed staff to modify the language of specific draft conditions. All directed changes have been incorporated and the revised Project conditions can be reviewed in Attachment C.
Public Comment
Comment letters not attached to prior Planning Commission agenda reports for this Project are attached (Attachment E). As discussed at the May 26, 2022 hearing, the submitted correspondence includes letters identifying support for the Project, a letter concerned with the parking supply for the Project, a letter from KOA Corporation with transportation and parking comments, and a letter from a representative of Hermes discussing alley operations and Project conditions.
The Applicant submitted three correspondence for the May 26, 2022 hearing (Attachment F). Two of the Applicant’s correspondence responded to KOA comments regarding the Project’s parking and transportation analysis. The third Applicant correspondence were comments regarding the draft project conditions and minor changes to the Specific Plan. These items were discussed and reviewed by the Commission on May 26, 2022. The modifications that the Planning Commission agreed to during those deliberations have been incorporated into the Specific Plan and conditions of approval documents included in Attachment C.
Planning Commission Report
Cheval Blanc Beverly Hills Specific Plan
June 13, 2022
Final EIR
The Commission reviewed the Final EIR, including additional appendices L and M at the May 26, 2022 hearing. Additional Appendix M-1 (Attachment K) has been added to the Final EIR that discusses the modification to club valet operations. The entire Final EIR is available on the City’s website at www.beverlyhills.org/environmental.
NEXT STEPS
It is recommended that the Planning Commission take action on the three attached draft City Council recommendation resolutions and adopt the resolution conditionally approving the Vesting Tentative Parcel Map.
Report Reviewed By:
Timothea Tway, AICP,
City Planner