Beverly Hills City Council
November 1, 2022

AGENDA REPORT
Meeting Date: November 1, 2022
Item Number:

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

MAP AMENDMENTS, MASTER PLAN OF STREETS AMENDMENT,

ENCROACHMENT AGREEMENT, DEVELOPMENT AGREEMENT

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

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

BUILDING CONTAINING A LUXURY HOTEL WITH RESTAURANTS

AND ANCILLARY SERVICES, A PRIVATE CLUB, AND STREET
LEVEL RETAIL USES WITH NORTH RODEO DRIVE FRONTAGE.
(CHEVAL BLANC BEVERLY HILLS SPECIFIC PLAN PROJECT) – 456 AND 468 NORTH RODEO DRIVE; 449, 451 AND 453 NORTH
BEVERLY DRIVE; AND 461 THROUGH 465 NORTH BEVERLY
DRIVE
Attachments: 1. Resolution certifying FEIR, adopting CEQA findings and MMRP

2. Resolution amending General Plan and Master Plan of Streets

3. Ordinance adopting Zone Text and Map Amendments

4. Resolution adopting Cheval Blanc Beverly Hills Specific Plan

5. Resolution approving VTPM No. 82872 and denying appeal

6. Ordinance approving Development Agreement

7. Legislative Advocate Registration Database Searches

8. Employee Number estimates, existing and proposed uses (Fehr & Peers, 10.19.22)

9. Cheval Blanc projected guest room rates (RCL Co., 10.21.22)

10. City initiated Project Financial Analysis (KMA, 10.27.22)

11. Applicant initiated Project Financial Analysis (RCL Co, 10.26.22)

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

13. Conceptual Project Plans, dated 9.9.22
F-1
Meeting Date: November 1, 2022

RECOMMENDATION
Staff recommends that the City Council review and take action on the five attached approval documents prepared for the Project based on Council direction at the September 20, 2022 hearing (Attachments 1 to 5); and also review and consider the attached draft Development Agreement ordinance (Attachment 6). If the prepared documents are adequate, take action to:
approve the resolution certifying the Final EIR (Attachment 1), approve the resolution approving General Plan and Master Plan of Streets amendments (Attachment 2), introduce the ordinance adopting zone text and map amendments (Attachment 3), approve the resolution adopting the Cheval Blanc Beverly Hills Specific Plan including planned right-of-way encroachments (Attachment 4), approve the resolution conditionally approving Vesting Tentative Parcel Map No. 82872 and denying the appeal (Attachment 5), and introduce the ordinance adopting the Development Agreement (Attachment 6).

BACKGROUND
On September 20, 2022, the City Council held a duly noticed public hearing regarding the Project and by a 4-1 vote (Councilmember Mirisch dissenting), directed staff to return with draft resolutions and ordinances for conditional approval of the requested Project entitlements.

Approval documents for the Project have been prepared for the Council’s consideration in conjunction with the Council’s review of a draft Development Agreement. In addition, responsive to questions posed by members of the Council, the following information is attached to this report: 1) a records search of the City’s registered legislative lobbyist for the Project as well as records searches for two comparison projects (Attachment 7); 2) City consultant prepared information on the number of employees expected under normal operating conditions for the uses/buildings currently located on the Project site and the number of employees expected for the Project (Attachment 8); and 3) Applicant provided information on projected guest room rates for the Project’s hotel use (Attachment 9).

DISCUSSION
September 20, 2022 City Council Meeting follow up items Registered Legislative Lobbyist Database Search: Responsive to September 20, 2022 Councilmember questions, database queries were completed for the Cheval Blanc Beverly Hills Specific Plan Project, the One Beverly Hills Overlay Specific Plan Project, and the 9908 S.

Santa Monica (Friar’s Club) Mixed Use Project (Attachment 7). Table 1 below provides the total number of registered legislative advocates for each of the three projects and provides a subtotal for the number of those advocates that are either former elected or appointed City officials:

Table 1: City Database Search: Registered Legislative Lobbyists by Project Project # of registered legislative
advocates
# of former elected/
appointed officials
Cheval Blanc Beverly Hills
Specific Plan Project
25 5
One Beverly Hills Overlay
Specific Plan Project
43 2
9908 S. Santa Monica
Boulevard (Friar’s Club Project)
12 3
Meeting Date: November 1, 2022

Projected Number of Project Employees: Responsive to September 20, 2022 Councilmember questions, the City’s transportation consultant, Fehr & Peers has generated employee estimates for both: 1) the full operation of the existing buildings/uses on the Project site, and 2) full operation of the uses included in the Proposed Project. Also included in the Fehr & Peers information, based on additional Councilmember questions, are employee projections for the former Luxe Hotel site at 360 North Rodeo Drive, which is controlled by the same ownership as the Cheval Blanc Project site (LVMH). The Luxe site projections are for the former operation of the building as a hotel and for the future expected operation of the building as a retail location.

The Fehr & Peers employee projection information is included as Attachment 8 and is summarized as follows:

Table 2: Existing and Future Employee Projections
Location Employee projection
for existing buildings
/former uses
Employee
Projection for
Project/future uses
Difference
Cheval Blanc Beverly Hills
Project Site (4 parcels) 129 employees 248 employees +119 employees Luxe Hotel (360 North
Rodeo Drive) 49 hotel employees 90 retail employees +41 employees Combined total, both sites 178 employees 338 employees +160 employees
Cheval Blanc Projected Guest Room Rates: The Applicant has provided a memorandum produced by RCL Co. real estate consulting that projects the Cheval Blanc Beverly Hills project will generate an average daily room rate of $1,925.00 (in 2022 dollars), with projected room rates ranging from $1,167.00 for entry level rooms to $20,600.00 for the penthouse (Attachment 9).

Development Agreement
Development Agreement negotiations have concluded and a draft version of the development agreement is included for the full Council’s consideration in Attachment 6. Attorneys from Greenburg, Glusker, the law firm hired to represent the City in negotiations, will be present at the November 1, 2022 hearing to discuss the terms included in the draft development agreement and the development agreement negotiation process. Also, on behalf of the City, Keyser Marston Associates (KMA) completed an economic analysis of the Project (Attachment 10). The applicant independently retained RCL Co. to also complete an economic analysis of the Project (Attachment 11). Keyser Marston staff will be available at the November 1, 2022 hearing.

The City Council has fully reviewed the proposed Project and requested entitlements with the exception of the Development Agreement. The November 1, 2022 public hearing is the Council’s opportunity to review, hear public comment, and consider adoption of the Development Agreement and consider the Development Agreement’s consistency with the General Plan.

Key Provisions included in the Draft Development Agreement include the following:
• Public Benefit Contribution (Section 10.d) The Developer is required to pay a $26 million public benefit contribution upon the earlier of: a) within 30 days of the Final Approval Date or b) issuance of any building permit for the Project. The Final Approval Date will occur once all legal challenges and appeals have been resolved in the Project’s favor Meeting Date: November 1, 2022

and a referendum, if there is one, has occurred and the Project is approved by the voters.
• Additional Arts and Cultural Contribution (Section 10.h) The Developer is required to pay an additional $2 million to the City for arts and cultural purposes. This Arts and Cultural Contribution is in addition to the standard Fine Arts Obligation that the Developer is required to satisfy and will become due at the same time as the Public Benefit Contribution.
• 5% Municipal Surcharge on guest rooms (Section 1 and 10g) A 5% Municipal Surcharge on revenue from hotel rooms is required to be paid to the City. This 5% charge is in addition to the City’s standard transient occupancy tax of 14%. After 30 days the daily rate for the Municipal Surcharge increases to 19%. Therefore, a hotel guest will pay a consistent 19%, regardless of length of stay, as the Transient Occupancy Tax is not applicable for stays greater than 30 days in length.
• Term of Agreement (Section 5) The Agreement will expire five years from the Effective Date of the Agreement or Final Approval Date, whichever is later. If the Final Approval Date has not occurred within four years of the Effective Date, then either party may terminate the agreement and the Specific Plan rights would also be terminated.

Additionally, if the Project is invalidated through litigation or by referendum, but Developer has paid the Public Benefit Contribution, the City must refund the Public Benefit Contribution.
• Extension of Term (Section 5) The Developer may exercise one-year extensions to the term of the agreement up to 4 times. A $1 million payment to the City per extension is required. The overall length of the agreement cannot exceed 9 years. • Covenant to Construct, Open and Initially Operate (Section 6a) The Developer (LVMH) is required to construct, open, and operate the hotel for a minimum of 180 days, and the hotel must meet a Minimum Luxury Standard. The “Minimum Luxury Standard” is defined as “conformity with the design referenced in Section 4.8.F of the Specific Plan, and as approved by the Architectural Commission, and such quality of interior design, materials and finishes consistent with the world class standards of other Cheval Blanc properties.” The Developer cannot transfer this obligation without permission of the City, which the City can withhold in its sole discretion.
• Commencement of Construction (Section 6b) The Developer is required to commence construction within 12 months of the Final Approval Date. • Completion of Construction of Improvements (Section 6c) The Developer must complete the Project within 5 years of the Final Approval Date.
• Extension of the Construction Commencement or Completion dates (Section 6d) The Developer may extend either one of these dates for up to 3 years only upon payment of $250,000 for each month of extension.
• Failure to meet Construction Obligations (Section 6e) The Developer is required to pay $52 million if it fails to open and operate Hotel within five years of the Final Approval Date, subject to the extensions mentioned above. The $52 million includes forfeiture of the $26 million Public Benefit Contribution, the $2 million Arts and Culture Contribution, and the payment of an additional $24 million in liquidated damages. • Environmental Mitigation and Sustainability (EMS) Fee (Section 10f) An EMS fee of 3% of the sale price is imposed in perpetuity on any future sale of the property. • Minimum Luxury Standard (Section 1) After the initial 180 day period, and for as long as the Hotel remains open, the Developer is required to maintain the Hotel at a Minimum Luxury Standard. For this purpose, the Minimum Luxury Standard is defined as:
“commensurate with the standards of the top four (4) full-service luxury hotels in the City, as those properties may change from time to time.”
Meeting Date: November 1, 2022

Attached Approval Documents
On September 20, 2022, after reviewing and considering the Cheval Blanc Beverly Hills Project Council directed Staff to prepare resolutions and ordinances to approve the Project (4-1, Councilmember Mirisch dissenting). Attachments 1 through 6 are the draft documents prepared to take action on the Project.
1) Resolution certifying Final Environmental Impact Report (FEIR) • Minor changes have been incorporated into the draft City Council resolution in comparison with the Planning Commission’s FEIR certification recommendation resolution. These revisions include added discussion of the City Council’s consideration of the Project and identifying that Appendix N, responses to CEQA related comments in GK Law’s appeal petition, is now included in the FEIR. 2) Resolution amending General Plan and City’s Master Plan of Streets • Minor changes have been made to the resolution compared to the version recommended by the Planning Commission, including: 1) adding City Council public hearing dates and discussing the hearing process, 2) making clear that at the Project’s public hearings the Council discussed the entirety of the General Plan and Master Plan of Streets actions, and 3) making it clear that the attached map is a detail of the City’s General Plan map that indicates where the General Plan Land Use Map (LU1) will be modified to add the Cheval Blanc General Plan Land Use Designation.
3) Zone Text and Map Amendment Ordinance
• City Council hearing dates have been added compared to the version recommended by the Planning Commission.
4) Resolution adopting Cheval Blanc Beverly Hills Specific Plan • Changes to Exhibit B - Specific Plan: Updated Public Participation discussion (Section 2.7), CEQA compliance discussion (Section 2.8), Transportation Impacts discussion (Section 3.3B.2), and added solar collectors as a required Green Building feature (Section 4.9).
• Changes to Exhibit D – Conditions: Condition 36 was added requiring free employee parking; Condition 39 was added requiring solar collectors; and Condition 49 was modified to require that all owners and occupants in the 400 blocks of North Beverly Drive and North Rodeo Drive be provided contact information for the Project’s Construction Relations Officer. • Language is included in the draft resolution to make clear that the reviewed Project includes improvements located in the public right-of-way. 5) Resolution approving VTPM 82872 and denying appeal
• Resolution identifies that City Council completed a de novo review of the subdivision map and approves the map.
• Resolution also includes grounds for the rejection of the appeal of the Planning Commission’s decision approving the subdivision map for the Project. 6) Ordinance adopting Development Agreement
• Exhibit A is the Development Agreement for the City Council’s review.

Meeting Date: November 1, 2022

• The City Council is the decision-making body for finding the Development Agreement consistent with the City’s General Plan. The draft ordinance includes a general plan consistency analysis.

FISCAL IMPACT
The fiscal impact of the Project is a function of the terms included in the Development Agreement. Analysis of the Project and terms included in the development agreement have been prepared by both the City’s financial consultant, KMA, (Attachment 10) and by the Applicant’s financial consultant, RCL Co. (Attachment 11).

The RCL Co. (Applicant) analysis concludes:
• The Project is projected to result in a decline in the project’s residual land value relative to both the existing conditions and a code compliant project, as well as the acquisition cost of the properties. The residual land value of the project is $237.5 million below the acquisition cost.
• Through 2056 (30 year period), the Project is projected to generate $593.79 million in TOT and Municipal Surcharge revenue and total General Fund revenue of $778 million (including revenue from Sales, Property and Business tax but excluding EMS or other revenues from a property sale). The City stands to receive substantially higher total General Fund revenue from the Project than from the operations under existing conditions ($159.36 million) or a code compliant project ($268.088 million).

The KMA (City) analysis concludes:
• A pro forma analysis of the Project, considering development costs and net operating income, estimates the financial gap of the Project is $86 million. This means the Project is anticipated to generate a return to the developer that is $86 million less than the return a typical investor in a luxury hotel would require.
• The KMA analysis concludes that over a 30 year period, the Project is projected to generate $572.61 million in TOT and Municipal Surcharge revenue for the City’s General Fund. While KMA’s report only includes a TOT and Municipal Surcharge projection, KMA was asked to estimate total General Fund revenue taking into account the same revenue streams as RCL Co. and KMA estimates revenue at approximately $725 million.

Ryan Gohlich
Director of Community Development
Approved By
Attachment 1
Resolution certifying FEIR,
Adopting CEQA findings and MMRP
RESOLUTION NO. 22-R______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BEVERLY HILLS CERTIFYING THE FINAL

ENVIRONMENTAL IMPACT REPORT, ADOPTING

FINDINGS PURSUANT TO THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT AND ADOPTING A

MITIGATION MONITORING AND REPORTING PROGRAM

FOR THE CHEVAL BLANC BEVERLY HILLS SPECIFIC PLAN

PROJECT
The City Council of the City of Beverly Hills hereby finds, resolves, and determines as follows:

Section 1. The Cheval Blanc Beverly Hills Specific Plan Project is a proposal for a single multiple use building that contains 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 to 1 for the Project Site overall, and a maximum above ground FAR of 3.91 to 1. 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 (the “Proposed Project”).

Section 2. In accordance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; hereafter “CEQA”), and specifically Public Resources Code Section 21080(d), the City prepared an Environmental Impact Report for the Proposed Project pursuant to the provisions of CEQA and the State CEQA Guidelines, 14 Cal. Code Regs. 15000 et seq.; hereafter the “CEQA Guidelines”). The final significance determinations of environmental impacts of the Proposed Project are assessed using the existing Project site conditions as the baseline.

Section 3. On November 13, 2020, the City distributed a Notice of Preparation (“NOP”) to the State Office of Planning and Research. The NOP was circulated from November 13, 2020 through December 18, 2020, to receive input from interested public and private parties on issues to be addressed in the Environmental Impact Report (“EIR”). In addition, a public scoping meeting was held via video-conference on December 2, 2020, to provide information on the Proposed Project and receive additional comments on issues to be addressed in the Final EIR.

Section 4. On September 17, 2021, a Notice of Public Hearing and Notice of Availability (“NOA”) of the Draft EIR was published. In accordance with CEQA and the CEQA Guidelines, the City analyzed the Proposed Project’s potential impacts on the environment.

Section 5. The City circulated the Draft EIR and its appendices for the Proposed Project to the public and other interested parties for a 45-day comment period, in accordance with 2 CEQA Guidelines Section 15105, from September 17, 2021 through Monday, November 1, 2021.

During the public comment period, on October 28, 2021, the Planning Commission held a hearing to review and accept comments regarding the contents and scope of the Draft EIR.

Section 6. The City prepared written responses to all comments received on the Draft EIR and those responses to comments are incorporated into Section 10 of the Final EIR. The City received no Draft EIR comment letters from public agencies.

Section 7. On February 10 and February 24, 2022, the Planning Commission held a duly noticed public hearing to consider the EIR and the Proposed Project. Thereafter, the Applicant requested that the matter be continued to a date uncertain to enable them to consider the issues raised at the hearings, and an additional hearing was held on May 26, 2022, at which time the Commission considered the Proposed Project and revisions thereto, as described below, and hereafter collectively referred to as “Project Modifications”:

1. Modifying the operation of the proposed 2nd floor and 7th floor restaurants that together comprise approximately 7,952 square feet of indoor dining space as well as the approximately 2,260 square feet of outdoor dining space on the 7th floor such that these areas would be appurtenant uses to the hotel and club members (i.e., the restaurant uses would be open to hotel guests, club members and their guests, but not open to the general public). However, the total restaurant floor area of 20,334 square feet previously evaluated in the EIR would remain;

2. Eliminating the area of the Day Spa on the 5th floor and reallocating this floor area to create larger hotel rooms on the 5th floor (with no increase in the number of hotel rooms and maintaining the Day Spa area on the 4th floor only);

3. Providing parking for the majority of the patrons of the retail uses off-site in City-owned parking facilities, including payment for in-lieu parking spaces.

Specifically, the Project would utilize 33 total customer parking spaces off-site for the Project's retail uses via participation in the In-Lieu Parking District as set forth in the Specific Plan. Fifteen (15) parking spaces will be provided on-site to support parking for very important person-very important client (VIP-VIC) retail customers who will shop by appointment. Access for up to 24 self-park parking spaces would also be provided on-site for employees. VIP and VIC retail customers shopping by appointment and employees will self-park by accessing the down ramp at the rear of the hotel building via the relocated alley off of North Beverly Drive and will exit southbound down the alley to Brighton Avenue; they will not use the motor court.

With the proposed modifications, however, the overall maximum floor area under the Specific Plan would remain at 220,950 square feet. With the proposed modifications, the projected buildout to the Specific Plan maximum would include approximately 110,436 square feet associated with 115 hotel rooms; 24,772 square feet of hotel lobby and circulation areas; a 4,924-square-foot wellness center; a 6,899-square-foot spa; 20,410 square feet associated with employee facilities, office, and back of house uses including a central kitchen; 7,952 square feet of indoor hotel/club restaurants that would be appurtenant uses (approximately 2,260 square feet of outdoor dining space would also be provided on the 7th floor that would be an appurtenant use); a 7,001-square- 3 foot club conference room/screening room/lounge; and 1,197 square feet associated with a club lobby and associated circulation areas. Projected buildout to the Specific Plan maximum would also include 24,976 square feet of retail uses, and 12,382 square feet of indoor restaurant, lounge, bar, and restaurant kitchen uses (approximately 2,500 square feet of pool deck outdoor dining/bar area would also be provided on the 6th floor that would be open to the public). The Specific Plan would continue to provide for a maximum FAR of 4.2:1 (with an above ground FAR of 3.91:1).

The overall design of the building, including building height and massing would not change with the proposed modifications. In addition, the construction assumptions, including the depth of excavation and overall duration of construction activities would be substantially the same as that evaluated in the EIR. The existing alley would also continue to be relocated to the southern portion of the Project Site and would be accessible from the west side of North Beverly Drive. The location of the existing alley would be incorporated into the Project Site.

With the proposed modifications, the number of parking spaces previously proposed on-site would be reduced from 185 spaces to 139 spaces. These spaces would continue to be provided in three subterranean parking levels beneath the hotel/retail building. In addition, the Project would utilize 33 total customer parking spaces off-site for the Project's retail uses via participation in the In-Lieu Parking District as set forth in the Specific Plan.

Primary access to the building and parking would continue to be from South Santa Monica Boulevard from a valet motor court. However, with the proposed modifications, access to the proposed valet motor court on South Santa Monica Boulevard would be modified and would be used for drop-off and pick-up for hotel guests, club members, spa, and restaurant patrons only.

Access to the proposed valet motor court for patrons of the proposed retail uses would no longer be provided as the majority of the parking for retail patrons would be provided off-site. Very Important Person (VIP) and Very Important Customer (VIC) retail customers shopping by appointment and all employees will self-park by accessing the down ramp at the rear of the hotel building via the relocated alley off of North Beverly Drive, will exit southbound down the alley to Brighton Avenue, and will not use the motor court. As such, with the proposed modifications, the number of cars accessing from and leaving the motor court to South Santa Monica Boulevard would be reduced.

Subsequently at the May 26, 2022, Planning Commission hearing the Project was further modified to provide a separate valet stand for club members on the west side of North Beverly Drive. With this proposed modification, access to the Project motor court on South Santa Monica Boulevard would be limited to hotel guests, spa and restaurant patrons only. Club members would not have access to the Project motor court as club members would instead utilize the proposed valet area on North Beverly Drive or self-park in the subterranean parking area through key card controlled direct access. With the additional proposed modifications, the number of cars accessing from and leaving the motor court to South Santa Monica Boulevard would be further reduced.

Section 8. The potential environmental impacts of the Proposed Project including the Specific Plan, and incorporating the Project Modifications (hereafter referred to as the “Project”), were fully evaluated through the preparation of Appendix M (Supplemental Analysis Regarding Modifications to the Cheval Blanc Beverly Hills Project) and Appendix M-1 (Additional Supplemental Analysis Regarding Modifications to the Cheval Blanc Beverly Hills Project) of the Final EIR. As described in Appendices M and M-1, the Project Modifications do not result in any 4 changes to the basic conclusions of the Final EIR, and supplemental environmental analysis does not constitute significant new information and does not require recirculation of the EIR pursuant to CEQA Guidelines Section 15088.5.

Section 9. During the course of the Planning Commission’s consideration of the Project, after the close of the official period for interested parties to provide comment on the Draft EIR, and prior to and at the Planning Commissions’ continued hearing on February 24, 2022, a number of additional comments (hereafter referred to as “Late Comments”) were submitted to the City for consideration. Although CEQA does not require the preparation of responses to untimely comments, the City opted to nonetheless prepare responses to the Late Comments (“Supplemental Responses”) for the benefit of the commenters, the public, and the City’s decision makers. The Supplemental Responses are included in Appendix L of the Final EIR.

Section 10. In addition to the public hearings noted above, the Planning Commission held a duly noticed public hearing on June 13, 2022 to consider the Final EIR and the Proposed Project. Evidence, both written and oral, including staff reports, supporting documentation, and public comment letters, was presented at the hearing. At the June 13, 2022 hearing the Commission adopted Resolution No. 1988 to recommend the City Council certify the Final EIR, adopt findings and a mitigation monitoring and reporting program.

Section 11. On June 23, 2022, the City received an appeal petition from GK Law on behalf of their client, Unite Here Local 11, challenging the four resolutions adopted by the Commission on June 13, 2022, which include the Planning Commission’s recommendations and the conditional approval of the Vesting Tentative Parcel Map for the Project (hereafter referred to as the “GK Law Appeal”). On July 19, 2022, the City Council determined the regular Subdivision Map Act timeline to hear the subdivision appeal of the Vesting Tentative Parcel Map is waived to allow the Council to hear the GK Law Appeal concurrently with its overall consideration of the Project. The City prepared detailed responses to the issues raised in the GK Law Appeal, which are incorporated into the FEIR as Appendix N. The issues raised in the GK Law Appeal do not result in any changes to the basic conclusions of the Final EIR, and the supplemental environmental analysis does not constitute significant new information and does not require recirculation of the EIR pursuant to CEQA Guidelines Section 15088.5.

Section 12. The City Council held a duly noticed public hearing on September 20, 2022 and a continued public hearing to October 11, 2022, at which time no substantive discussion was held and the project was further continued to November 1, 2022 to consider the Final EIR, the Proposed Project, and the proposed Development Agreement. The City Council considered the Project on November 1, 2022 and concluded deliberations on the Proposed Project at that time.

Evidence, both written and oral, including staff reports, supporting documentation, public comment letters and the GK Law Appeal were presented at the hearing.

Section 13. The Final EIR is comprised of the Draft EIR dated September 2021 and all appendices thereto; the Comments and Responses to Comments on the Draft EIR; the clarifications, revisions, and corrections to the Draft EIR; the Final EIR and Final EIR Appendices L, M, M-1, and N; and the Mitigation Monitoring and Reporting Program; all of which collectively is referred to herein as the “Final EIR”. The City Council has considered the Cheval Blanc Beverly Hills Specific Plan, the General Plan Amendment, Zone Text and Map Amendments, the Master 5 Plan of Streets Amendment, the Encroachment Agreement, the Development Agreement and the Final EIR, and the evidence, both written and oral, including staff reports, supporting documentation, and public comment letters, presented at the various hearings.

Section 14. The findings made in this Resolution are based upon the information and evidence set forth in the Final EIR and upon other substantial evidence that has been presented at the hearings and in the record of the proceedings. The Final EIR, staff reports, technical studies, appendices, plans, specifications, and other documents and materials that constitute the record of proceedings on which this Resolution is based are on file for public examination during normal business hours at the Community Development Department, Beverly Hills City Hall, 455 N.

Rexford Drive, Beverly Hills, California 90210. The custodian of records is the City of Beverly Hills Community Development Department. Each of these documents is incorporated herein by reference.

Section 15. The City Council finds that agencies and interested members of the public have been afforded ample notice and opportunity to comment on the Final EIR and the Project.

Section 16. Section 15091 of the CEQA Guidelines requires that the City, before approving the Project, make one or more of the following written finding(s) for each significant effect identified in the Final EIR, accompanied by a brief explanation of the rationale for each finding:
(a) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the final EIR; or,
(b) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency; or, (c) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR.

Section 17. The required findings are set forth in Exhibit A, attached hereto and incorporated herein by reference.
(a) Environmental impacts identified in the Initial Study/NOP for the Project as no impact, or less than significant, are described in Exhibit A, Section IV. (b) Environmental impacts identified in the Final EIR as less than significant without mitigation are described in Exhibit A, Section V. (c) Environmental impacts identified as less than significant with mitigation imposed in the Final EIR are described in Exhibit A, Section VI. (d) No Environmental impacts were identified as significant and unavoidable in the Final EIR for the Project as described in Exhibit A, Section VII. 6 (e) Growth inducement and irreversible environmental effects associated with the Project are described in Exhibit A, Section VIII.
(f) Alternatives to the Project that might eliminate or reduce significant environmental impacts, and the reason such alternatives are inferior to the Project, are described in Exhibit A, Section IX.

Section 18. Prior to taking action, the City Council has heard, been presented with, reviewed, and considered the information and data in the record, including oral and written testimony presented to it for and during public hearings. The City’s independent environmental consultants, City staff, and the Project applicant’s environmental consultants, reviewed and analyzed the comments received on the Project’s environmental review. No comments or any additional information submitted to the City have produced any substantial new information requiring additional environmental review or re-circulation of the Final EIR under CEQA because no new significant environmental impacts were identified, nor was any substantial increase in the severity of any previously disclosed environmental impacts identified.

Section 19. The City Council, pursuant to CEQA Guidelines Section 15090, hereby certifies that the Final EIR 1) reflects the City Council’s independent judgement and analysis; 2) that was presented to, and reviewed and considered by, the City Council; and 3) has been completed in compliance with CEQA.

Section 20. The City Council hereby adopts findings as required pursuant to CEQA, substantially similar to the “Findings and Facts in Support of Findings” attached hereto as Exhibit A and incorporated herein by reference.

Section 21. Pursuant to Public Resources Code Section 21081.6, the City Council hereby adopts a mitigation monitoring and reporting program as required by CEQA, substantially similar to the “Mitigation Monitoring and Reporting Program,” attached hereto as Exhibit B and incorporated herein by reference, and adopts each mitigation measure set forth therein, and impose each mitigation measure as a condition of the Project’s approval.

Section 22. CEQA Guidelines Section 15093 requires that if a project will cause significant unavoidable adverse impacts, the City must adopt a Statement of Overriding Considerations prior to approving the project. The Final EIR did not identify any significant unavoidable adverse impacts and therefore a Statement of Overriding Considerations is not required for the Project. Although not required, the City Council hereby finds that each of the Proposed Project’s benefits, by its self and as cumulative benefits, would justify proceeding with the Project despite any impacts alleged to be significant and unavoidable in the record of proceedings or any impacts identified in the Final EIR if such significant impacts had been found to be significant and unavoidable. The Proposed Project benefits include:
(a) The Proposed Project will create a world-class architectural landmark with a visual presence in business triangle.
(b) The Proposed Project will augment Beverly Hills’ economic base by providing additional property tax revenues to the City and by providing tax-generating revenues from hotel operations and sales within the hotel’s ancillary commercial component. The Proposed 7 Project will maximize efficiency of hotel and commercial uses by combining hotel and commercial retail uses at one site.
(c) The Proposed Project will help attract visitors to Beverly Hills. It will attract tourism to Beverly Hills from around the world and augment Beverly Hills’ reputation as a destination.
(d) The Proposed Project will further increase tax revenues for Beverly Hills because hotel rooms will be assessed a transient occupancy tax and because the luxury hotel will attract visitors who will spend money and contribute to the Beverly Hills economy. (e) The Proposed Project will allow for development upon the project site as an anchor location on North Rodeo Drive, South Santa Monica and North Beverly Drive. (f) The Proposed Project will enhance the economic resources of Beverly Hills through the fees established through the Development Agreement, including a public benefit contribution of Twenty-Six Million Dollars ($26,000,000) and an environmental mitigation and sustainability fee required upon sale of all or a portion of the project; and a municipal surcharge. The Proposed Project provides substantial economic resources that allows the City to pursue a variety of its policy objectives.
8 Section 23. The City Clerk shall certify to the adoption of this Resolution and shall cause this Resolution and her certification to be entered in the Book of Resolutions of the Council of this City.

Adopted:
_________________________________

LILI BOSSE
Mayor of the City of
Beverly Hills, California
ATTEST:
_________________________________ (SEAL)

HUMA AHMED
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
_________________________________ ____________________________________ LAURENCE S. WIENER GEORGE CHAVEZ
City Attorney City Manager
____________________________________

RYAN GOHLICH, AICP
Director of Community Development
Exhibits:

A. Findings and Facts in Support of Findings
B. Mitigation Monitoring and Reporting Program

EXHIBIT A

FINDINGS AND FACTS IN SUPPORT OF FINDINGS

EXHIBIT A
Findings of Fact in Support of Findings
I. Introduction
The California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines (the “Guidelines”) provide that no public agency shall approve or carry out a project for which an environmental impact report (“EIR”) has been certified which identifies one or more significant effects on the environment that will occur if a project is approved or carried out unless the public agency makes one or more of the following findings:

A. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects identified in the EIR.

B. Such changes or alterations are within the responsibility of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency.

C. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the EIR.1
Pursuant to the requirements of CEQA, the City Council hereby makes the following environmental findings in connection with the Cheval Blanc Beverly Hills Specific Plan Project.

These findings are based upon evidence presented in the record of these proceedings, both written and oral, the Final Environmental Impact Report for the Cheval Blanc Beverly Hills Specific Plan Project including all the appendices, the Comments and Responses to Comments on the EIR for the Project, staff and consultants’ reports presented through the hearing process, and all of their contents.

II. Project Objectives
The objectives that the project applicant seeks to achieve with this Project (the “Project Objectives”) are as follows:
• Support and expand tourism and business activity by developing new lodging opportunities that are easily accessible to entertainment and commercial destinations in the City of Beverly Hills.
• Provide short- and long-term employment opportunities and maximize transient occupancy tax revenue for the City through the development of a one-of-a-kind luxury hotel that will attract visitors to the Business Triangle and Beverly Hills. • Reduce vehicular trips and promote local and regional mobility objectives by developing a hotel use with convenient access to a variety of alternative transportation options

1 Cal. Pub. Res. Code § 21081; 14 Cal. Regs. §§ 15901, 15163. 2 including walking, biking, and public transit, and in close proximity to popular tourist destinations.
• Replace existing uses and structures with an economically viable and aesthetically attractive anchor development on a physically constrained site that will be physically and programmatically compatible with the variety of urban uses in the vicinity. • Improve the pedestrian experience and enhance walkability through a pedestrian friendly design that includes pedestrian amenities at ground level. • To accommodate vehicle flow on adjacent City streets and promote multiple transportation modes (walking, bicycling) by relocating the portion of the alley which bisects the Project Site, placing parking underground, limiting driveway access points, and enhancing the pedestrian environment on all of the adjoining streets.

III. Project Description
The Project proposes the creation of the Cheval Blanc Beverly Hills Specific Plan, which would facilitate the orderly and efficient development of the Project Site by, among other things, establishing appropriate size, height, and density limits. Under the Cheval Blanc Beverly Hills Specific Plan, proposed development could include up to 220,950 square feet and up to 115 hotel guest rooms.

The Project as currently proposed, includes the development of a single 212,034 square-foot2 multiple-use building that would including a luxury hotel with 109 guest rooms, including a penthouse, a private club offering facilities for social and recreational purposes, restaurant and retail uses, and other appurtenant uses related to hotel and club services and functions such as a wellness center and spa. The proposed Specific Plan identifies a total floor area ration (FAR) maximum of 4.2:1 and an above ground maximum of 3.91:1. The total FAR calculation for the submitted conceptual plan is 4.03:1 and the above ground maximum is 3.75:1. The proposed building would vary in height from four stories and a maximum height of 51 feet along North Rodeo Drive, stepping back to a partial ninth-story penthouse with a maximum height of 115 feet along North Beverly Drive. The Project would incorporate modulation of building heights and massing, articulation of building façades at all elevations, and pedestrian-friendly treatments along the public right-of-ways.

The Project would also provide 139 on-site vehicle parking spaces for the proposed used in three subterranean parking levels beneath the hotel building, along with 33 spaces through an in the in lieu parking program as set forth in the proposed Specific Plan. Primary access to the building and parking would be from South Santa Monica Boulevard via a valet motor court. The existing alley that runs north-south and is currently accessed from South Santa Monica Boulevard would be relocated as part of the tentative map process to the southern portion of the Project Site and be accessible from the west side of North Beverly Drive. The Project plans identify approximately

2 Per the Specific Plan, exterior walls, stair shafts, elevators, elevator lobbies less than 100 square feet per cab, parking spaces and access, maintenance equipment/machinery rooms, outdoor dining areas, decks and balconies, and up to 6,000 square feet of storage per below grade level (2,000 square feet per parking level) are not included in the floor area calculations.
3 45,201 square feet of open space, including a publicly accessible 670 square-foot pedestrian plaza at the corner of South Santa Monica Boulevard and North Rodeo Drive, and outdoor restaurant and bar spaces, and open space areas for private use by hotel guests and club members and would include hotel room balcony/patio areas, hotel pool deck, wellness center outdoor area, and penthouse pool deck.

The existing conditions on the Project Site were used as a baseline for the Final EIR analysis. The Project Site is currently improved with commercial and institutional uses comprising approximately 56,787 square feet. Specifically, 456 North Rodeo Drive is development with a two-story, 6,895-square-foot commercial structure and nine surface parking space; 468 North Rodeo Drive is currently developed with a two-story, 20,265-square-foot commercial structure and six surface parking spaces; 461-465 North Beverly Drive is currently developed with a twostory, 23,351-square-foot institutional use and five surface and 45 underground parking spaces; and 449, 451 and 453 North Beverly Drive is developed with a one-story, 6,276-square-foot commercial structure. These existing commercial and institutional uses in total comprise approximately 56,787 square feet of floor area and would be removed to allow for development of the Project. In addition the portion of the public alleyway bisecting the site would be relocated to the southern portion of the Project Site as described above. The Project could result in an overall net floor area increase of up to 164,163 square feet at the Project Site under the Specific Plan maximums. The submitted conceptual plan identifies an increase of approximately 155,247 square feet of floor area over existing conditions.

IV. Effects Determined to be No Impact/Less Than Significant Without Mitigation in the Initial Study/Notice of Preparation
The City conducted an Initial Study to determine potential effects of the Proposed Project. In the course of this evaluation, certain impacts of the Project were found to be less than significant due to the inability of the Project to create such impact or the absence of project characteristics producing effects of this type. The following effects were determined to not be significant on a Project basis or cumulatively for the reasons set forth in the Initial Study and were not analyzed in the Final EIR.

A. AESTHETICS

1. As detailed in the Initial Study, current CEQA law states that “[a]esthetic and parking impacts of a residential, mixed-use residential, or employment center project on an infill site within a transit priority area shall not be considered significant impacts on the environment.” PRC Section 21099(d). The Project is subject to PRC Section 21099(d) because the Project is an employment center project that would located on an infill site within a transit priority area. The Project is considered an employment center, as that term is defined, because it is located on property that is zoned for commercial uses with a floor area ratio greater than

0.75. The Project site is located on an infill site, as that term is defined, because the Project Site consists of lots located within an urban area that have been previously developed. The Project Site is also located in a transit priority area, as that term is defined, because it is located within approximately 0.5 miles of several Los Angeles County Metropolitan Transit Authority (Metro) bust routes, including Bus Routes 4 4,16,17,704, and Rapid 720, with a service interval of 15 minutes or less during peak hours. The Metro D (formerly Purple) Line is currently under construction and includes a station at Wilshire/Rodeo approximately than 0.3 mile from the Project Site. Therefore, in accordance with PRC Section 21099(d)(1), the Project’s aesthetic impacts shall not be considered significant impacts on the environment and do not have to be evaluated under CEQA. For informational purposes only, the Initial Study discussed aesthetics.

2. The Project will not have a substantial adverse effect on a scenic vista, thus there is no impact.

3. The Project will not substantially damage scenic resources, including, but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway, thus there is no impact.

4. The Project will not conflict with applicable zoning and other regulations governing scenic quality, thus there is no impact.

5. The Project will not create a new source of substantial light or glare which would adversely affect day or nighttime views in the area, or create any significant shade or shadow impacts.

6. No cumulative effects are identified for Aesthetics and the Project will have no significant impacts for this category.

B. AGRICULTURE AND FORESTRY RESOURCES

1. The Project will not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) to non-agricultural use as the Project Site and surrounding area developed urban areas and are not mapped as Farmland, thus there is no impact.

2. The Project will not conflict with existing zoning for agricultural use or a Williamson Act contract because there is no agricultural zoning or use in the area and the Project Site is not subject to any Williamson Act contracts, thus there is no impact.

3. The Project will not conflict with existing zoning for, or cause rezoning of, forest land, timberland, or timberland zoned Timberland Production, thus there is no impact.

4. Development of the Project will not result in the loss of forest land or conversion of forest land to non-forest uses, thus there is no impact.

5. The Project does not involve other changes in the existing environment which, due to their location or nature, that could result in conversion of Farmland to nonagricultural use or conversion of forest land to non-forest land, thus there is no impact.
5 6. No cumulative effects are identified for Agricultural and Forestry Resources and the Project was determined to have no impact for this category.

C. AIR QUALITY

1. The Project will not result in other emissions (such as those leading to odors) adversely affecting a substantial number of people, thus there is no significant impact.

D. BIOLOGICAL RESOURCES

1. The Initial Study fully evaluated the Project’s potential impacts to biological resources and determined all such impacts would be less than significant or there would be no impact. In response to a comment letter received from the California Department of Fish and Wildlife, potential impacts to bat species were further evaluated in the Final EIR and are discussed in Sections V. B. and VI. A. below.

2. The Project will not 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 by the California Department of Fish and Wildlife or the United States Fish and Wildlife Service, thus there is no significant impact, however, refer to specific discussion of bat species in Section V. B. and VI. A. below.

3. The Project will not have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or the United States Fish and Wildlife Service, thus there is no impact.

4. The Project will not have a substantial adverse effect on state or federally protected wetlands through direct removal, filling, hydrological interruption, or other means, thus there is no impact.

5. The Project will not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites, thus there is no significant impact, however, refer to specific discussion of bat species in Section V. B. and VI. A. below.

6. The Project will not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance, thus there is no significant impact.

7. The Project will not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan, thus there is no impact.

E. CULTURAL RESOURCES
6 1. The Project will not disturb any human remains, including those interred outside of dedicated cemeteries, thus there is no significant impact, although in the event of any discovery, applicable statutory and regulatory requirements would be followed.

F. GEOLOGY AND SOILS

1. The Project will not directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving (i) rupture of a known earthquake fault, (ii) strong seismic ground shaking, (iii) seismic-related ground failure, including liquefaction, or (iv) or landslides, thus there is no significant impact, or, with respect to landslides, no impact.

2. The Project will not result in substantial soil erosion or the loss of topsoil, thus there is no significant impact.

3. The Project will not be located on a geological unit that is unstable, or that would become unstable as a result of the project and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse, thus there is no significant impact.

4. The Project will not be located on expansive soil creating substantial direct or indirect risks to life or property, thus there is no significant impact.

5. The Project will not have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water because there will be wastewater service to the entire site; thus there is no impact.

G. HAZARDS AND HAZARDOUS MATERIALS

1. The Project will not create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials, thus there is no significant impact.

2. The Project will not create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment, thus there is no significant impact.

3. The Project has the potential to emit and will involve handling of hazardous materials that are typical for the operation of commercial developments and all such activities would occur in compliance with all applicable federal, state and local requirements and therefore would not create a significant hazard, including any hazard to any schools within one-quarter of a mile of the Project site; thus there is no significant impact.

4. The Project is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 due to historic uses of the site which were fully evaluated and determined not to have created significant impacts on the subsurface 7 of the Project Site. Thus its listing will not create a significant hazard to the public or the environment, and there is no significant impact.

5. The Project is not located within an airport land use plan or within two miles of a public airport or public use airport and will not result in a safety hazard or excessive noise for people residing or working in the project area, thus there is no impact.

6. The Project will not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan, thus there is no significant impact.

7. The project will not expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires as the project is in an urbanized area, thus there is no impact.

8. No cumulative effects are identified for Hazards and Hazardous Materials and the Project was determined to have a less than significant impact or no impact for this category.

H. HYDROLOGY AND WATER QUALITY

1. The Project will not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality, thus there is no significant impact.

2. Development of the Project will not substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the Project may impede sustainable groundwater management of the basin, thus there is no significant impact.

3. Development of the Project will not substantially alter the existing drainage pattern of the site area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would (i) result in substantial erosion or siltation on- or off-site; (ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite; (iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or (iv) impede or redirect flood flows, thus there is no significant impact, or, with respect to flood flows, thus there is no impact.

4. Development of the Project will not risk release of pollutants due to Project inundation in flood hazard, tsunami, or seiche zones, thus there is no significant impact.

5. Development of the Project will not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan, thus there is no significant impact.
8 6. No cumulative effects are identified for Hydrology and Water Quality and the Project was determined to have a less than significant impact or no impact for this category.

I. LAND USE AND PLANNING

1. The Project will not physically divide an established community, thus there is no significant impact.

J. MINERAL RESOURCES

1. The project will not result in the loss of availability of a known mineral resource that would be of value to the region and residents of the state, thus there is no impact.

2. The project will not result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan, thus there is no impact.

3. No cumulative effects are identified for Mineral Resources and the project was determined to have no impact for this category.

K. NOISE

1. The project is not located within two miles of a public airport or public use airport and will not expose people residing or working in the project area to excessive noise levels, thus there is no impact.

L. POPULATION AND HOUSING

1. Development of the Project would not induce population growth in an area, either directly or indirectly, thus there is no significant impact.

2. The Project will not displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere because no housing currently exists on the Project Site; thus there is no impact.

3. No cumulative effects are identified for Population and Housing and the Project was determined to have a less than significant impact or no impact for this category.

M. PUBLIC SERVICES

1. Development of the Project will not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of 9 the following public services: (i) fire protection, (ii) police protection, (iii) schools, (iv) parks, (v) other public facilities, thus there is no significant impact.

2. No cumulative impacts are identified for Public Services and the Project was determined to have less than significant impact for this category.

N. RECREATION

1. Development of the Project will not increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility occur or be accelerated, thus there is no significant impact.

2. The Project does not include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment, thus there is no impact.

3. No cumulative effects were identified for Recreation and the project was determined to have a less than significant impact or no impact for this category.

O. TRANSPORTATION

1. Development of the project will not substantially increase hazards due to a geometric design feature or incompatible uses, thus there is no significant impact.

2. Development of the Project will not result in inadequate emergency access, thus there is no significant impact.

3. No cumulative effects were identified with respect to increases in hazards or inadequacy of emergency access, and the Project was determined to have a less than significant impact for these topics.

P. UTILITIES AND SERVICE SYSTEMS

1. There are sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years, thus there is no significant impact.

2. The anticipated wastewater flow from the Project is within the capacity of the wastewater treatment provider in addition to the provider’s existing commitments, thus there is no significant impact.

3. The Project will not generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals, either through construction or operations, and thus there is no significant impact.
10 4. The Project will comply with federal, state, and local management and reduction statutes and regulations related to solid waste, thus there is no significant impact.

5. No cumulative effects were identified with respect to the foregoing topics, and thus and the Project was determined to have a less than significant impacts in these regards.

Q. WILDFIRE

1. The Project will not substantially impair an adopted emergency response plan or emergency evacuation plan because the Project is located in an urbanized area away from high fire hazard severity zones; thus there is no impact.

2. The Project will not, due to slope, prevailing winds, and other factors exacerbate wildfire risks and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire because the Project is located in an urbanized area away from high fire hazard severity zones; thus there is no impact.

3. The Project will not require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines, or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment because the Project is located in an urbanized area away from high fire hazard severity zones; thus there is no impact.

4. The Project will not expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slow instability, or drainage changes because the Project is located in an urbanized area away from high fire hazard severity zones; thus there is no impact.

5. No cumulative effects are identified for Wildfire and the Project was determined to have no impact for this category.

V. Effects Determined to Be Less Than Significant Without Mitigation for the Project in the EIR
The Final EIR found that the Project would have no significant impact or a less than significant impact without the imposition of mitigation on the environmental topic areas listed below based on the more expansive discussions contained in the Final EIR.

A. AIR QUALITY

1. The Project will not conflict with or obstruct implementation of the applicable air quality plan, thus there is no significant impact.

2. The Project will not result in a cumulatively considerable net increase of any criteria pollutant for which the Project is in non-attainment under an applicable federal or state ambient air quality standard, thus there is no significant impact. 11 3. The Project will not expose sensitive receptors to substantial pollutant concentrations related to construction or operational air quality impacts as it will not generate air pollutant emissions exceeding the SCAQMD recommended thresholds; thus there is no significant impact.

4. The Project will not expose sensitive receptors to substantial pollutant concentrations related to carbon monoxide or toxic air contaminants; thus there is no significant impact.

5. Impacts related to Air Quality will be less than significant during construction and operation of the Project and therefore not cumulatively considerable.

B. BIOLOGICAL RESOURCES

1. The Project will not have a substantial adverse effect, either directly or through habitat modification any candidate, sensitive, or special status species, including bat species, during operations because the Project operations would not result in a loss of foraging or roosting habitat; thus there is no significant impact during operation.

2. The Project will not interfere substantially with the movement of wildlife species, including bats, during operation of the Project; thus there is no significant impact during operation.

3. Impacts related to Biological Resources will be less than significant during construction and operation of the Project and therefore are not cumulatively considerable.

C. CULTURAL RESOURCES

1. The Project will not cause substantial adverse change in the significance of a historical resources as defined in CEQA Guidelines Section 15064.5 and the potential indirect impacts to historical resources located in the vicinity of the Project site will be less than significant, thus there is no significant impact.

2. Impacts related to Cultural Resources will be less than significant and therefore not cumulatively considerable.

D. ENERGY

1. The Project will comply with existing energy efficiency standards and will not result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources during Project construction or operation; thus there is no significant impact.

2. The Project will not conflict with or obstruct a state or local plan for renewable energy or energy efficiency, thus there is no significant impact. 12 3. Impacts related to Energy will be less than significant during construction and operation of the Project and therefore not cumulatively considerable.

E. GEOLOGY AND SOILS

1. The Project will not directly or indirectly destroy a unique paleontological resource or site or unique geologic feature during operation because no excavation activities will occur during project operation; thus there is no significant impact during operation.

2. Impacts related to Geology and Soils will be less than significant and therefore not cumulatively considerable.

F. GREENHOUSE GAS EMISSIONS

1. The Project will result in direct and indirect GHG emissions but because this incremental increase in GHG emissions is consistent with any applicable plan, policy or regulation the agency adopted for the purpose of reducing GHG emissions, such GHG emissions from the Project will not result in a significant impact on the environment, thus there is no significant impact.

2. The Project would not conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases; thus there is no significant impact.

3. Analysis of a projects GHG impacts is inherently a cumulative impacts analysis because climate change is a global problem and the emissions from any single project along are negligible. Thus the potential for the Project to contribute to the cumulative impact of global climate change was considered. Given the Project’s consistency with statewide, regional, and local plans adopted for the reduction of GHG emissions, impacts related to greenhouse gas emissions and the Project’s cumulative contribution to climate change is less than significant.

G. LAND USE AND PLANNING

1. The Project will not conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect; thus there is no significant impact.

2. Impacts related to Land Use will be less than significant and therefore not cumulatively considerable.

H. NOISE

1. The Project will not result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of applicable standards, thus there is no significant impact.
13 2. The Project will not result in the generation of excessive ground borne vibration or noise levels during construction relating to human annoyance or during operation; thus there is no significant impact in these regards.

3. Cumulative Impacts related to Noise and ground borne vibration will be less than significant.

I. TRANSPORTATION

1. Operation of the Project will not conflict with a program, plan, ordinance, or policy regarding the circulation system, including transit, roadway, bicycle, and pedestrian facilities; thus there is no significant impact during operation.

2. Pursuant to CEQA Guidelines Section 15604.3, Subdivision (b), because the Project meets certain adopted screening criteria, it is screened from further VMT analysis and thus not have a significant impact.

3. Cumulative impact related to Transportation will be less than significant.

J. TRIBAL CULTURAL RESOURCES

1. Operation of the Project will not cause substantial adverse change in the significance of a tribal resource that is listed or eligible for listing in the California Register of Historical Resources or in a local register of historical resources, or a resource determined by the City to be significant pursuant to Public Resources Code Section 5024.1 because operation of the Project will not include ground disturbing activities; thus there is no significant impact.

2. Cumulative operational impact related to Tribal Cultural Resources will be less than significant.

K. UTILITIES AND SERVICE SYSTEMS

1. The Project will not require or result in the relocation or construction of new or expanded water, wastewater treatment, or storm drainage, electric power, natural gas, or telecommunications facilities, the construction of which could cause significant environmental effect; thus there is no significant impact.

2. Impacts related to Utilities and Service Systems will be less than significant and therefore not cumulatively considerable.

VI. Potentially Significant Environmental Impacts Determined in the EIR or Initial Study to be Mitigated to a Less Than Significant Level
A. BIOLOGICAL RESOURCES

1. Candidate, sensitive, or special status species
14 (a) Findings
The following Mitigation Measures imposed upon the Project mitigate construction-related impacts to bat and roosts to a less than significant level:

Mitigation Measure BIO-MM-1: At least 30 days prior to construction, surveys shall be conducted by a qualified biologist, on all roosting habitat adjacent to the construction area, to identify the presence of bats and any active or potential bat-roosting cavities. During the non-breeding and active season (typically October), bats shall be safely evicted from these areas, if feasible, under the direction of a qualified biologist. Pre-construction bat surveys of the palm tree crowns from a man-lift shall be conducted by a qualified bat specialist immediately prior to tree removal within the Biological Study Area, to determine whether or not there are bats within the construction area. If the presence or absence of bats cannot be confirmed in potential roosting habitat, a biological monitor shall be on-site during tree and building removal. If bats are disturbed during tree or building removal, work shall be safely suspended until all bats leave the vicinity on their own. Work shall resume only once it has been determined that all bats have left the site, as determined by the qualified biologist. In the event a maternal colony of bats is found, no work shall be conducted within 100 feet of the maternal roosting site until the maternal season (April 1– September 15) is over or the bats have left the site, or as otherwise determined by a qualified biologist. The site shall be designated as a sensitive area and protected as such until the bats have left the site. No clearing and grubbing shall be authorized adjacent to the roosting site. Combustion equipment, such as generators, pumps, and vehicles, shall not be parked nor operated within 100 feet of the roosting site. Fencing or other barriers shall be installed around the buffer area, and construction personnel shall not be authorized to enter areas beneath the colony, especially during the evening exodus. All qualified biologists shall be retained by the Applicant and proof of such retention shall be submitted to the City prior to the commencement of construction and prior to conducting any of the above described activities.

Mitigation Measure BIO-MM-2: If bats or any active bat-roosting cavities are found to be present on-site or in the adjacent street trees, construction activities shall be conducted during daylight hours, and no construction work shall be conducted at night until all bats leave the vicinity on their own. Once all bats have left the vicinity on their own, as determined by a qualified biologist, construction activities during nighttime hours may resume, consistent with all other applicable requirements.

Mitigation Measure BIO-MM-3: Tree removal activities associated with the Project are required to be conducted outside of the nesting season (February 1–August 31), to the extent feasible. Should vegetation removal activities occur during the nesting season, a biological monitor would be present during the removal activities to ensure that no active nests would be impacted. If active nests are found, a buffer would be established until the fledglings have left the nest.3
3 BIO-MM-3 is included as a mitigation measure to ensure compliance with the Migratory Bird Treaty Act and California Fish and Game Code. Conditions of approval were identified in the 15 (b) Findings of Fact
The Initial Study determined that bats were unlikely to inhabit the fifteen (15) street trees surrounding the Project Site. However, based on a letter from CDFW and the bat habitat assessment that followed, it was determined that the street trees, which are palm trees, appear to provide marginal bat roosting habitat. The habitat is marginal because the palm trees are periodically maintained and are well trimmed and bats prefer trees that are overgrown and provide better shelter and cover from predators. There is no other suitable bat habitat in the buildings on the Project Site or within a sixty (60) foot buffer. The fifteen (15) palm trees surrounding the Project Site will be removed during Project construction and replaced with a 1:1 ratio. The Project will also add seven (7) trees onsite. Mitigation Measures BIO-MM-1, BIO-MM-2, and BIO-MM3 are designed to address any potential impacts to bats and roosting areas by requiring preconstruction surveys, establishing procedures if bats or active roosting cavities are located, and sets the timing of tree removal activities. BIO-MM-3 also memorialize requirements of the MTBA as applicable to the Project.

Therefore, because the palm trees to be removed along the street surrounding the Project Site appear to provide marginal habitat, impacts to bats and roosts during construction would be potentially significant but Mitigation Measures BIO-MM-1, BIO-MM-2, and BIO-MM-3 will reduce impacts to a less than significant level.

2. Interference with Movement of Species
(a) Findings
The following Mitigation Measures imposed upon the Project mitigate construction-related impacts to bat movement to a less than significant level:

Mitigation Measures BIO-MM-1 (see above)
Mitigation Measures BIO-MM-2 (see above)
Mitigation Measures BIO-MM-3 (see above)
(b) Findings of Fact
As discussed above, based on the results of the bat habitat assessment and survey, there is marginal roosting habitat for bats in the fifteen (15) street trees lining the sidewalks of the Project Site and no suitable habitat in the buildings within the Project Site or within a sixty (60) foot buffer.

Therefore, because the palm trees to be removed along the street surrounding the Project Site appear to provide marginal habitat, impacts to bat movement during construction would be potentially significant but Mitigation Measures BIO-MM-1, BIO-MM-2, and BIO-MM-3 will reduce impacts to a less than significant level. BIO-MM-3 also memorialize requirements of the MTBA as applicable to the Project.

Initial Study to ensure compliance with these regulatory requirements, however, to further ensure compliance the requirements are incorporated as mitigation. 16 B. CULTURAL RESOURCES

1. Substantial Adverse change to archaeological resource (a) Findings
The following Mitigation Measures imposed upon the Project mitigate impacts to the significance of archeological resources to a less than significant level:

Mitigation Measure CUL-MM-1: A qualified archaeologist shall be retained to perform periodic inspections of excavation and grading activities at the Project Site. The frequency of inspections shall be based on consultation with the archaeologist and the City and shall depend on the rate of excavation and grading activities and the materials being excavated.

If archaeological materials are encountered, the archaeologist shall temporarily divert or redirect grading and excavation activities within 100-feet of the exposed material to facilitate evaluation and, if necessary, salvage. The archaeologist shall then assess the discovered material(s) and prepare a survey, study or report evaluating the impact. The Applicant shall then comply with the recommendations of the evaluating archaeologist, and a copy of the archaeological survey report shall be submitted to the City Planning Division. Ground-disturbing activities may resume once the archaeologist’s recommendations have been implemented to the satisfaction of the archaeologist.

Mitigation Measure CUL-MM-2: Retain a Qualified Principal Investigator. A qualified principal investigator, defined as an archaeologist who meets the Secretary of the Interior’s Standards for professional archaeology and has a minimum of 10 years of experience as a principal investigator working with Native American archaeological sites in southern California, shall be retained by the Applicant or their successor to carry out all mitigation measures related to archaeological and historical resources (hereafter qualified archaeologist). The qualified archaeologist shall be contacted in the event of an inadvertent archaeological discovery. Following completion of construction, the qualified archaeologist shall provide an archaeological monitoring report to the City and SCCIC with the results of the cultural monitoring program.
(b) Findings of Fact
The results of the records search conducted for the Project Site indicated that no archaeological resources have been found within the Project Site or within 0.5-mile of the Project Site. The Project is also located within an urbanized area of the City of Beverly Hills and has been subjected to grading and development in the past, as the entire Project Site has been developed previously.

There is also no record of the discovery of archaeological resources on the Project Site. Therefore any surficial archaeological resources that may have existed at one time have likely been previously disturbed. However, it is possible that unknown and unanticipated intact archaeological deposits and/or features could be present at subsurface levels. Excavations on the Project Site will extend to a depth approximately 44 feet below the ground surface. Mitigation Measures CULMM-1 and CUL-MM-2 are designed to address are designed to address impacts of the excavation activity and the potential for discovery of archaeological resources. Mitigation Measure CULMM-1 requires retention of a qualified archaeologist to perform periodic inspections of grading 17 and excavation activities and the procedures should and archaeological resources be identified.

Mitigation Measure CUL-MM-2 requires retention of a qualified principal investigator to be contacted in the event of an inadvertent archaeological discovery.

Project excavations could potentially encounter unknown and unanticipated archaeological resources. Thus impacts to archaeological resources during excavation would be potentially significant but Mitigation Measures CUL-MM-1 and CUL-MM-2 will reduce impacts to a less than significant level.

C. GEOLOGY AND SOILS

1. Destruction of unique paleontological resources, site or unique geologic feature (a) Findings
The following Mitigation Measures imposed upon the Project mitigate potential constructionrelated impacts to paleontological resources to a less than significant level:

GEO-MM-1: A Qualified Paleontologist meeting the Society of Vertebrate Paleontology (SVP) Standards (SVP, 2010) (Qualified Paleontologist) shall be retained prior to the approval of demolition or grading permits. The Qualified Paleontologist shall provide technical and compliance oversight of all work as it relates to paleontological resources and shall be responsible for monitoring and overseeing paleontological monitors (meeting SVP standards) that will observe Project grading and excavation activities.

GEO-MM-2: The Qualified Paleontologist shall have the authority to temporarily halt or divert work away from exposed fossils or potential fossils in the event such paleontological resources are encountered at the Project Site during construction or the course of any ground disturbance activities. If paleontological resources are encountered, the Applicant shall notify the City and consult with the Qualified Paleontologist to assess the significance of the find. The assessment shall be prepared in accordance with Society of Vertebrate Paleontology standards. If any find is determined to be significant, appropriate avoidance measures recommended by the consultant and approved by the City shall be followed unless avoidance is determined to be unnecessary or infeasible by the City. If avoidance is determined to be unnecessary or infeasible, other appropriate measures (e.g., data recovery, excavation) shall be instituted.

GEO-MM-3: Any significant fossils collected during Project-related excavations shall be prepared to the point of identification and curated into an accredited repository with retrievable storage. The Qualified Paleontologist shall prepare a final monitoring and mitigation report for submittal to the City in order to document the results of the monitoring effort and any discoveries. If there are significant discoveries, fossil locality information and final disposition will be included with the final report which will be submitted to the appropriate repository and the City.
(b) Findings of Fact
18 The records search conducted for the Project Site indicated that no paleontological resources have been previously recorded at the Project Site but that potentially fossil-bearing units are present in the project area, either at the surface or subsurface, though no fossil localities lie directly within the Project Site. Construction of the Project will result in excavation to a maximum depth of approximately 44 feet at the Project Site. Therefore the possibility exists that paleontological artifacts that were not recovered during prior construction and other human activity on the Project Site may be inadvertently encountered during construction. Mitigation Measures GEO-MM-1, GEO-MM-2, and GEO-MM-3 are designed to address any such impacts. Mitigation Measures GEO-MM-1 requires a retention of a qualified paleontologist to provide technical and compliance oversite and observation during grading activities. Mitigation Measure GEO-MM-2 gives the qualified paleontologist authority to stop or divert work away from any paleontological resource encountered and the procedures to follow if resources are found. Mitigation Measure GEO-MM3 specifies how significant fossils collected during Project-related excavations will be prepared.

Thus impacts to paleontological resources during excavation would be potentially significant but Mitigation Measures GEO-MM-1, GEO-MM-2, and GEO-MM-3 will reduce impacts to a less than significant level.

D. NOISE

1. Generation of excessive ground borne vibration or noise (a) Findings
The following Mitigation Measures imposed upon the Project mitigate impacts from ground borne vibration or ground borne noise levels during on-site construction to a less than significant level:

Mitigation Measure NOI-MM-1: Prior to start of construction, the Applicant shall retain the services of a structural engineer to visit the two off-site buildings adjacent to the Project Site to the south to inspect and document (video and/or photographic) the apparent physical condition of the buildings. In addition, the structural engineer shall establish baseline structural conditions of the buildings and prepare a shoring design.

Prior to construction, the Applicant shall retain the services of a qualified acoustical engineer to review proposed construction equipment and develop and implement a vibration monitoring program capable of recording and documenting the constructionrelated ground vibration levels at the two off-site buildings during demolition, shoring and excavation phase, as follows:

The vibration monitoring system shall measure (in vertical and horizontal directions) and continuously store the peak particle velocity (PPV) in inch/second. The system shall also be programmed for two preset velocity levels: a warning level of 0.4 inch/second (PPV) and a regulatory level of 0.5 inch/second (PPV). The system shall also provide real-time alert when the vibration levels exceed the two preset levels.

The vibration monitoring program shall be submitted to the Community Development Department, prior to initiating any construction activities. 19 In the event the warning level 0.4 inch/second (PPV) is triggered, the contractor shall identify the source of vibration generation and provide feasible steps to reduce the vibration level, including but not limited to staggering concurrent activities (if doing so would not pose a safety risk to personnel or damage risk to buildings) and utilizing lower vibratory techniques. The additional measures shall be submitted to the Building Official for review and approval.

In the event the regulatory level 0.5 inch/second (PPV) is triggered, the contractor shall halt the construction activities in the vicinity of the building and visually inspect the building for any damage. Results of the inspection must be logged. The contractor shall identify the source of vibration generation and provide feasible steps to reduce the vibration level. Construction activities may then restart once the vibration level is re-measured and below the warning level. The additional measures shall be submitted to the Building Office for review and approval.
(b) Findings of Fact
The Project will generate ground-borne construction vibration during building demolition and site excavation/grading activities when heavy construction equipment, such as large bulldozers, drill rigs, and loaded trucks will be used. The estimated vibration levels at the multi-story commercial buildings immediately abutting the Project Site to the south would exceed the 0.5-PPV significance threshold. Mitigation Measure NOI-MM-1 is designed to address potential impacts from ground borne vibration during construction. Mitigation Measure NOI-MM-1 requires the applicant to retain the services of a structural engineer and an acoustical engineer, implement a vibration monitoring program, and dictates procedures if vibration generation reaches certain levels.

Ground borne vibration impacts associated with potential building damage would be potentially significant, however, Mitigation Measure NOI-MM-1 will reduce impacts to a less than significant level.

E. TRANSPORTATION

1. Conflict with circulation system programs, plan, ordinance or policy (a) Findings
The following Mitigation Measures imposed upon the Project mitigate construction-related impacts to a less than significant level:

Mitigation Measure TRA-MM-1: A Construction Traffic Management Plan shall be prepared prior to the commencement of construction activities. The Construction Traffic Management Plan shall be implemented during construction to accomplish the following:
• Maintain existing access for land uses in proximity of the Project Site during Project construction.
• Schedule deliveries and pick-ups of construction materials to non-peak travel periods, to the maximum extent feasible.
20 • Coordinate deliveries and pick-ups to reduce the potential of trucks waiting to load or unload for protracted periods of time.
• Minimize obstruction of through traffic lanes on North Beverly Drive Boulevard and South Santa Monica Boulevard.
• Construction equipment traffic from the contractors shall be controlled by flagman. • Identify designated transport routes for heavy trucks (in addition to haul trucks) to be used over the duration of the Project.
• Schedule vehicle movements to ensure that there are no vehicles waiting off-site and impeding public traffic flow on the surrounding streets. • Establish requirements for loading/unloading and storage of materials on the Project Site, where parking spaces would be encumbered, length of time traffic travel lanes can be encumbered, sidewalk closings or pedestrian diversions to ensure the safety of the pedestrian and access to local businesses. • Coordinate with adjacent businesses and emergency service providers to ensure adequate access exists to the Project Site and neighboring businesses.

Mitigation Measure TRA-MM-2: A Construction Workers Parking Plan identifying parking locations for construction workers shall be submitted to the City prior to the commencement of construction activities. To the maximum extent feasible, all worker parking shall be accommodated on the Project Site. During phases when construction worker parking cannot be accommodated on the Project Site, the Construction Workers Parking Plan shall identify alternate parking locations for construction workers and the method of transportation to and from the Project Site for approval by the City 30 days prior to commencement of construction. The Construction Workers Parking Plan must include appropriate measures to ensure that the parking location requirements for construction workers would be strictly enforced. These include but are not limited to the following measures:
• Provide all construction contractors with written information on where their workers and their subcontractors are permitted to park and provide clear consequences to violators for failure to follow these regulations. This information would clearly state that no parking is permitted on residential streets north of Wilshire Boulevard or in public parking structures.
• No construction worker parking shall be permitted within 500 feet of the nearest point of the Project Site except within designated areas. The contractor shall be responsible for informing subcontractors and construction workers of this requirement, and if necessary, for hiring a security guard to enforce these parking provisions. Contractor shall be responsible for all costs associated with enforcement of this mitigation measure.
21 • In lieu of the above, the Project developer/construction contractor has the option of phasing demolition and construction activities such that all construction worker parking can be accommodated on the Project Site throughout the entire duration of demolition and construction activities.

Mitigation Measure TRA-MM-3: The developer for the Project shall coordinate with the City of Beverly Hills regarding the following:
• All temporary roadway closures shall be coordinated to limit overlap of roadway closures.
• All major deliveries shall be coordinated to limit the occurrence of simultaneous deliveries to the Project and other major construction projects. The Project applicant shall ensure that deliveries of items such as concrete and other highvolume items shall be reported to the City’s major delivery schedule and reporting shall be incorporated as a requirement into the Construction Traffic Management Plan to ensure that simultaneous deliveries are avoided when feasible. • The Project applicant shall coordinate with the City regarding the loading and unloading of delivery vehicles. Any off-site staging areas for delivery vehicles shall be consolidated and shared with the other major construction projects where feasible.
• The Project applicant or their representative shall meet on a regular basis during construction with the City to address any outstanding issues related to construction traffic, deliveries, and worker parking.
• If construction on other major projects in the vicinity is occurring simultaneously with this Project, the City can require as part of the Construction Traffic Management Plan that the applicant meet with other applicants and the City to address construction traffic, deliveries, and worker parking. (b) Findings of Fact
During construction of the Project, hauling activity is expected to occur between the Project Site and off-site staging and/or logistics areas through haul routes that include some of the most congested roadways in the City. During Project site excavation, approximately 60 trucks per day will access the Project Site in a 21 week period. While there are designated routes for haul trucks, there is no guarantee that such routes will be adhered to. Traffic to the Project Site will also occur from the transportation of materials and equipment to the Project Site such as concreate, plumbing materials and heavy construction equipment. Trucks used for such deliveries will vary from small trucks, cement mixer trucks to 18-wheelers and may need to park temporarily on adjacent roadways. There also may be intermittent periods where large numbers of materials need to be delivered. Additional traffic will be generated by transportation of construction workers to and from the Project Site. The maximum number of workers per day is 500 and the number of worker trips per day is estimated to be 800 daily trips with 200 peak hour trips. Workers will also utilize 22 a combination of public long-term and private parking facilities near the Project Site or, once the parking garage is sufficiently constructed, parking will occur on the Project Site.

Mitigation Measures TRA-MM-1, TRA-MM-2, and TRA-MM-3 are designed to address potential impacts from construction-related transportation described above. Mitigation Measure TRA-MM1 requires a Construction Traffic Management Plan to, among other thing, coordinate deliveries and pick-ups, minimize traffic lane obstruction, schedule vehicle movements, establish requirements for loading and unloading materials, and coordinate with adjacent property owners.

Mitigation Measure TRA-MM-2 requires a Construction Workers Parking Plan to identify parking locations for workers and establish measures to ensure strict enforcement of worker parking location requirements. Mitigation Measure TRA-MM-3 requires the developer of the Project to coordinate with the City on temporary roadway closures, major deliveries, delivery vehicle loading and unloading, other nearby construction projects.

Potential construction-related transportation impacts could result during construction of the Project associated with haul truck traffic, the delivery and staging of construction materials and equipment, construction worker traffic, and construction worker parking. Therefore construction activities associated with the Project may potentially conflict with a program, plan, ordinance, or policy addressing the circulation system and impacts would be significant. However, Mitigation Measures TRA-MM-1, TRA-MM-2, and TRA-MM-3 will reduce impacts to a less than significant level.

F. TRIBAL CULTURAL RESOURCES

1. Adverse changes to Tribal Cultural Resources
(a) Findings
The following Mitigation Measures imposed upon the Project mitigate construction-related impacts to tribal cultural resources to a less than significant level:

Mitigation Measure MM-TCR-1: Preconstruction Worker Training. At the Project kickoff and before construction activities begin, the qualified archaeologist or their designee shall provide training to construction personnel on information regarding regulatory requirements for the protection of cultural resources including tribal cultural resources. As part of this training, construction personnel will be briefed on proper procedures to follow should unanticipated cultural resources discoveries be made during construction. Workers will be provided contact information and protocols to follow in the event that inadvertent discoveries are made. If necessary, the qualified archaeologist can create a training video, PowerPoint presentation, or printed literature that can be shown to new workers and contractors to avoid continuous training throughout the course of the Project.

Mitigation Measure MM-TCR-2: Retain Native American Monitoring. Native American monitoring shall be retained by the Applicant or their successor and conducted by a representative of the Gabrieleño Band of Mission Indians-Kizh Nation, hereafter referred to as the “Monitoring Tribe”. Monitoring shall occur during all Project-related, initial ground-disturbing construction activities (i.e., grubbing, pavement removal, tree removal, 23 boring, grading, excavation, potholing, drilling and trenching etc.). The tribal monitor shall complete daily monitoring logs that shall provide descriptions of the day’s activities, including construction activities, locations, soil and any cultural materials identified. Once excavation is completed for a portion of the Project Site and entered into the daily monitoring log, the monitoring of an area shall be considered complete. The on-site monitoring shall end when all ground-disturbing activities at the Project Site are completed, or when the representatives of the Monitoring Tribe has indicated that all upcoming ground-disturbing activities at the Project Site have little to no potential for impacting Tribal Cultural Resources of their Tribe. Should the Gabrieleño Band of Mission Indians— Kizh Nation not have sufficient qualified staff, or not provide monitoring services at market rates, after consultation between the Tribe and the City’s Director of Community Development, the Applicant may contract with a different firm to provide a Native American monitor, subject to approval by the City of Beverly Hills Director of Community Development and reasonable and timely concurrence of the Gabrieleño Band of Mission Indians-Kizh Nation. Native American and Archaeological monitoring during construction projects will be consistent with current professional standards. All feasible care to avoid any unnecessary disturbance, physical modification, or separation of Tribal Cultural Resources shall be taken.

Mitigation Measure MM-TCR-3: Unanticipated Discovery of Tribal Cultural Resources.

In the event a Native American monitor identifies cultural or archaeological resources, the monitor shall be given the authority to temporarily halt construction in the immediate vicinity and within 50 feet of the discovery and to contact the qualified archaeologist to investigate the find and determine if it is a Tribal Cultural Resource under CEQA by the City of Beverly Hills in consultation with the ancestrally related tribe(s) and qualified archaeologist. Construction activities can continue in areas 50 feet away from the find and not associated with the cultural resource location. In the event of a find during ground disturbing activities, the Gabrieleño Band of Mission Indians- Kizh Nation shall be notified by the City and will retain it/them in the form and/or manner the Tribe deems appropriate, for educational, cultural and/or historic purposes. A Cultural Resources Monitoring and Mitigation Plan shall be developed to outline monitor procedures.

Mitigation Measure MM-TCR-4: Unanticipated Discovery of Human Remains. In the event that human remains are encountered at the Project Site, all work within 100 feet of the burial must cease, and any necessary steps to ensure the integrity of the immediate area shall be taken, including the placement of an exclusion zone around the discovery location.

The Los Angeles County Coroner will be immediately notified. Human remains and grave/burial goods shall be treated alike per PRC section 5097.98(d)(1) and (2). In ancient as well as historic times, Tribal Traditions included, but were not limited to, the preparation of the soil for burial, the burial of funerary objects with the deceased, and the ceremonial burning of human remains. The prepared soil and cremation soils are to be treated in the same manner as bone fragments that remain intact. Associated funerary objects are objects that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at the time of death or later; other items made exclusively for burial purposes or to contain human remains can also be considered as associated funerary objects. The Coroner must then determine whether the remains are Native American. Should the Coroner determine the remains are Native American, the 24 Coroner has 24 hours to notify the Native American Heritage Commission (NAHC), who shall in turn, notify the person they identify as the most likely descendent (MLD). Further actions shall be determined in part by the recommendations of the MLD. The MLD has 48 hours of being granted access to the Project Site to complete their inspection and make recommendations or express preferences for treatment of the remains. If the MLD does not make recommendations within 48 hours, the owner shall, with appropriate dignity, reinter the remains in an area of the property secure from further disturbance. Alternatively, if the owner does not accept the MLD’s recommendations, the owner or the descendent may request mediation by the NAHC. Procedures of conduct following the discovery of human remains have been mandated by Health and Safety Code Section 7050.5, PRC Section 5097.98, and the CEQA Guidelines Section 15064.5(e) (CEQA).

Mitigation Measure MM-TCR-5: Reburial Treatment Measures. Prior to the continuation of ground disturbing activities where human remains and/or ceremonial objects have been identified, the Developer shall arrange a designated site location within the footprint of the Project for the respectful reburial of the human remains and/or ceremonial objects. Preservation in place (i.e., avoidance) is the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis. In the case where discovered human remains cannot be fully documented and recovered on the same day, the remains shall be covered with muslin cloth and a steel plate that can only be moved by heavy equipment shall be placed over the excavation opening to protect the remains. If this type of steel plate is not available, a 24-hour guard shall be posted outside of working hours. If feasible, the Project shall be diverted to keep the remains in situ and protected. If the Project cannot be diverted, it may be determined that burials will be removed. The MLD shall work with the qualified archaeologist to ensure that the excavation is treated carefully, ethically, and respectfully.

If data recovery is approved by the MLD, documentation shall be taken which includes at a minimum detailed descriptive notes and sketches. Additional types of documentation shall be approved by the MLD for data recovery purposes. Cremations shall either be removed in bulk or by means as necessary to ensure complete recovery of all material. If the discovery of human remains includes four or more burials, the location is considered a cemetery and a separate treatment plan shall be created. Once complete, a final report of all activities is to be submitted to the MLD and NAHC. The MLD does not authorize any scientific study or utilization of any invasive and/or destructive diagnostics on human remains. Each occurrence of human remains and associated funerary objects shall be stored using opaque cloth bags. All human remains, funerary objects, sacred objects and objects of cultural patrimony shall be removed to a secure container on site if possible.

These items should be retained and reburied within six months of recovery. The site of reburial/repatriation shall be, to the extent feasible, on the Project Site but at a location agreed upon between the MLD and the landowner at a site to be protected in perpetuity.

There shall be no publicity regarding any cultural materials recovered. (b) Findings of Fact
The estimated depth of excavation for the subterranean parking and building foundations would be approximately 44 feet below grade and result in export of approximately 124,920 cubic yards 25 of soil during the excavation phase of construction. The Project Site has been previously excavated to install building foundations and, in one area, construct one level of underground parking which disturbed native subsoils with the potential to support the presence of cultural deposits. No prehistoric, archaeological sites or other resources documented to be related to Native American activity have been previously recorded within the Project Site according to the record searches performed. No known or suspected tribal cultural resources have been identified that could be impacted by the Project. But, due to the depth of excavation for the Project, the Project could potentially uncover undiscovered significant tribal cultural resources. The Project Site is also located in the ancestral tribal territory of the Gabrieleño Band of Mission Indians--Kizh Nation and the tribe considers this area, including the Project Site to be highly sensitive to tribal cultural resources. The City engaged in consultation with the Gabrieleño Band of Mission Indians--Kizh Nation. The Gabrieleño Band of Mission Indians--Kizh Nation requested certain mitigation language be included. Mitigation Measures MM-TCR-1, MM-TCR-2, MM-TCR-3, MM-TCR-4, and MM-TCR-5 are designed to address potential impacts to Tribal Cultural Resources to less than significant levels and incorporate recommended mitigation language from the Gabrieleño Band of Mission Indians--Kizh Nation. Mitigation Measure MM-TCR-1 requires preconstruction working training regarding regulatory requirements for protection of cultural resources and tribal cultural resources in the event of an unanticipated discovery. Mitigation Measure MM-TCR-2 requires retention of a representative of the Gabrieleño Band of Mission Indians--Kizh Nation (or other professional if such a representative is not available) to monitor all initial ground disturbing activities. Mitigation Measure MM-TCR-3 sets forth procedures in the event of an unanticipated discovery of a tribal cultural resource. Mitigation Measure MM-TCR-4 sets forth the procedures in the event of an unanticipated discovery of human remains. And Mitigation Measure MM-TCR5 sets forth the procedures for reburial of human remains or ceremonial object should such remains or objects be encountered.

The Project could potentially cause a substantial adverse change in the significance of a tribal cultural resource listed or eligible for listing in the California Register or a local register or a resources determined by the City to be significant pursuant to Public Resources Code Section 5024.1. However, Mitigation Measures MM-TCR-1, MM-TCR-2, MM-TCR-3, MM-TCR-4, and MM-TCR-5 will reduce impacts to a less than significant level.

VII. No Environmental Impacts Determined to be Significant and Unavoidable in the EIR The Final EIR determined that the Project will not result in any significant and unavoidable impacts. All potentially significant impacts will be adequately addressed with mitigation as discussed above.

VIII. Irreversible Environmental Changes, Growth Inducement, and Other CEQA Considerations
Section 6 of the Final EIR describes irreversible environmental changes, growth-inducing impacts and other CEQA considerations.

A. Irreversible Environmental Changes
26 Project construction and operation would require the irretrievable commitment of limited, slowly renewable, and non-renewable resources including building materials and associated solid waste disposal effects on landfills, water, and energy resources. Commitment of these resources will limit the availability of these resources and the Project Site for future generations or for other uses.

However, the consumption of such resources would not be considered substantial and would be consistent with regional and local growth forecasts and development goals for the area. The Project will reduce the consumption of non-renewable building materials in accordance with applicable regulations so as to not result in the inefficient or wasteful use of building materials and minimize solid waste generation. Although the Project will result in an increase in long-term water demand for consumption, operational uses, maintenance and other activities, the Project would not utilize water in an inefficient or wasteful manner or result in a significant impact related to water supply. The City’s 2020 Urban Water Management Plan forecasts adequate water supplies to meet all projected water demands in the City for normal, single-dry, and multiple-dry years through 2045. The Project is also well within SCAG’s growth projections for the City. The Project will not result in wasteful, inefficient, or unnecessary consumption of energy as the Project would comply with all applicable conservation requirements, including the CalGreen Code, incorporate sustainability features to achieve a LEED Gold certification, utilize energy efficient lighting, and promote use of alternative transit to the Project site. The Project will use the types and amounts of hazardous materials that are typical for use during construction and operation of similar uses.

Finally the Project, as an infill project, will not open up new areas to development.

The loss of these resources would not be highly accelerated when compared to existing conditions and such resources would not be used in a wasteful manner. Therefore, although irreversible environmental changes would result, such changes would be less than significant. Considering that the Project would consume an inconsequential amount of natural resources and would replace an existing urban use on a redevelopment site, the limited use of nonrenewable resources is justified.

B. Growth-Inducing Impacts
Section 15126.2(e) of the CEQA Guidelines requires that growth-inducing impacts of a project be considered in a Draft EIR. Growth-inducing impacts are characteristics of a project that could directly or indirectly foster economic or population growth or the construction of additional housing, either directly or indirectly, in the surrounding environment. Growth can be induced by:
(1) direct growth associated with a project; and (2) indirect growth created by demand not satisfied by a project or the creation of surplus infrastructure not utilized by a project.

Because the Project would not include the construction of new housing that would generate a new population, it would not result in direct population growth. The Project is expected to result in varying types of indirect growth associated with employment during construction and operation.

Employment opportunities during construction would be temporary in nature and highly specialized, therefore workers are not anticipate to relocate their households as a direct consequence of the Project. The Project would not be considered growth-inducing from a short-term employment perspective, but rather the Project would provide a public benefit by providing new temporary employment opportunities during the construction period. Operation of the Project would generate new employment opportunities. Some of these jobs are anticipated to 27 be filled by persons already residing in the area; others will be filled by persons moving into the surrounding area. The Project would not directly contribute to population growth in the Project area and as some of the employment opportunities generated by the Project would be filled by people already residing in the vicinity of the Project Site and the potential growth associated with Project employees who may relocate their place of residence would not be substantial. As such, the Project would not result in a notable increase in demand for new housing, and any new demand, should it occur, would be minor in the context of forecasted growth for the City.

The Project would not remove impediments to growth as the area surrounding the Project Site is already developed with a mix of retail uses and restaurants. The Project may require local infrastructure upgrades but such upgrades would not necessitate regional utility infrastructure improvements that have not already been accounted for and planned on a regional level. The Project would not require the extension of roads to un-served areas, expansion of water or wastewater treatment plants, or new development to address the Project’s scale of commercial demand. Overall, the Project would be consistent with the growth forecast for the SCAG Region and the City and would be consistent with regional policies to reduce urban sprawl, efficiently utilize existing infrastructure, reduce regional congestion, and improve air quality through the reduction of vehicle miles traveled by siting development within proximity to public transit options. Therefore, growth-inducing impacts would be less than significant.

C. Potential Secondary Effects of Mitigation Measures
Section 15126.4(a)(1)(D) of the CEQA Guidelines states that “if a mitigation measure would cause one or more significant effects in addition to those that would be caused by the project as proposed, the effects of the mitigation measure shall be discussed but in less detail than the significant effects of the project as proposed.” The potential impacts that could result with the implementation of each mitigation measure were analyzed in Section 6.0.4 of the Final EIR. The City determined that implementation of the proposed mitigation measures would not result in significant adverse secondary impacts.

D. Mandatory Findings of Significance
As analyzed in detail in the Final EIR, impacts to bats (biological resources), archaeological resources, paleontological resources, and tribal cultural resources, and impacts associated with vibration (noise) and transportation during construction were determined to be potentially significant without mitigation. However, with the implementation, potential impacts related to these environmental topics would be reduced to less than significant levels and the Project would not result in any significant and unavoidable environmental impacts.

IX. Project Alternatives
The Final EIR in Section 5 considered a range of alternatives to the Project: Alternative 1 - No Project, Alternative 2 - Reduced Excavation and Reduced Parking, Alternative 3 - Zoning Compliant, Alternative 4 - Reduce Height, Alternative 5 - Reduced Project. The five alternatives analyzed in the Final EIR are discussed below, including the basis for rejecting each alternative. 28 In addition, other alternatives were considered and rejected as infeasible as described in Section

5.0.4 of the Final EIR.

A. ALTERNATIVE 1 - NO PROJECT

1. Summary of Alternative
Consistent with CEQA Guidelines, the No Project Alternative consists of the circumstances under which a proposed project does not proceed and assumes the Project would not be approved and no new development would occur on the site. See CEQA Guidelines Section 15126.6(e)(3)(B). Under the No Project Alternative the existing physical conditions on the Project Site would generally remain as they are. The Project Site would continue to be developed with the existing commercial and institutional buildings comprising approximately 56,787 square feet and surface and underground parking spaces. The buildings within the Project Site have been occupied by a variety of commercial and institutional tenants over the years and one or more of the existing buildings have been vacant for a period of time over the years. As of the writing of the Final EIR the existing structure at 468 North Rodeo Drive and the existing structure at 449, 451, and 453 North Beverly Drive are vacant. The for purposes of analyzing Alternative 1, the Final EIR assumed all buildings were occupied by uses consistent with historic uses of those buildings and which are permitted by existing zoning, because it is unreasonable to assume that the buildings would remain vacant and unused in the longer term in the absence of the Project.

2. Reasons for Rejecting Alternative
A comparison between impacts identified in the Project and Alternative 1 is detailed in Section

5.1 of the Final EIR, summarized in Table 5.0-4, and summarized below.

Compared to the Project impacts evaluated in the Final EIR, impacts identified for Alternative 1 would be less than the impacts from the Project and have no impact. The exception is that Alternative 1 will have a slightly greater impact with respect to operations-related impacts to Energy. The Project will replace existing older buildings with modern buildings incorporating the latest requirements regarding building energy efficiency, thereby improving the energy efficient of uses within the Project Site.

While the cycle of vacancy and occupancy would continue through the life of the existing structures, the No Project Alternative would not construct new structures or expand existing structures such that site operations would increase. As such, the No Project Alternative would not result in significant impacts with regard to any of the environmental topics evaluated in the Final EIR and, the No Project Alternative would eliminate the Project’s less than significant impacts and less than significant with mitigation impacts. Overall, this alternative’s impacts would be less than those of the Project in each environmental category, except for Energy during operations which will be slightly greater but not significant.

Project Objectives
29 However, this alternative would not meet the Project’s underlying purpose to revitalize the Project Site or fulfill any of the applicant’s stated objectives for the Project. Specifically, Alternative 1 would not meet the following Project objectives:
• Support and expand tourism and business activity by developing new lodging opportunities that are easily accessible to entertainment and commercial destinations in the City of Beverly Hills.
• Provide short- and long-term employment opportunities and maximize transient occupancy tax revenue for the City through the development of a one-of-a-kind luxury hotel that will attract visitors to the Business Triangle and Beverly Hills. • Reduce vehicular trips and promote local and regional mobility objectives by developing a hotel use with convenient access to a variety of alternative transportation options including walking, biking, and public transit, and in close proximity to popular tourist destinations.
• Replace existing uses and structures with an economically viable and aesthetically attractive development on a physically constrained site that will be physically and programmatically compatible with the variety of urban uses in the vicinity. • Improve the pedestrian experience and enhance walkability through a pedestrian friendly design that includes pedestrian amenities at ground level. • To accommodate vehicle flow on adjacent City streets and promote multiple transportation modes (walking, bicycling) by relocating the alley bisecting the Project Site, placing parking underground, limiting driveway access points, and enhancing the pedestrian environment on all of the adjoining streets.

Conclusion
Because Alternative 1 would not meet the Project’s underlying purpose to revitalize the Project Site or meet any of the Project objectives, is an overall inferior alternative that is hereby rejected on those bases.

B. ALTERNATIVE 2 – REDUCED EXCAVATION AND REDUCED PARKING

1. Summary of Alternative
Alternative 2, the Reduced Excavation and Reduced Parking Alternative, would develop the Project Site similar to the Project except Alternative 2 would eliminate the third subterranean parking level proposed as part of the Project. Parking under Alternative 2 would be provided in two subterranean levels with a total of 117 on-site parking spaces (a reduction of 22 on-site parking spaces when compared to the Project’s proposed 139 on-site parking spaces, a reduction of 55 spaces when compared to the Project’s proposed total parking supply of 172 spaces [139 on-site and 33 in lieu parking spaces], and a reduction of 68 parking spaces when compared to the Proposed Project’s proposed 185 parking spaces).
30 Overall, like the Project, Alternative 2 would allow for up to 220,950 square feet of floor area with up to 115 hotel guest rooms under the Specific Plan maximum with an above-ground FAR of

3.91:1 and total FAR of 4.2:1. Similar to the Project, the proposed hotel building would vary in height from four stories and a maximum height of 51 feet along North Rodeo Drive to nine stories with a maximum height of 115 feet along North Beverly Drive. The overall design of the building under Alternative 2, including architectural features, lighting and signage, open spaces, and sustainability, would be similar to that of the Project. Alternative 2 would also feature similar vehicular, pedestrian, and bicycle access as the Project. The alley way would be removed and relocated from the southern portion of the Project Site and the new access point to the alley would be from the west side of North Beverly Drive. Alternative 2 would require the same discretionary entitlements as the Project.

Construction of Alternative 2 would also occur in phases, similar to the Project. However, Alternative 2 would result in in a reduction in excavation and export comparted to the Project. Due to the elimination of the third subterranean parking level, excavation for the two proposed subterranean levels under Alternative 2 would extend to a depth of approximately 35 feet (a reduction of nine feet when compared to the Project’s proposed 44 feet of excavation).

Consequently, soil export for Alternative 2 would be reduced as compared to the Project, and would include 99,369 cubic yards of exported soil (a reduction of 25,551 cubic yards when compared to the Project’s proposed 124,920 cubic yards of exported soil).

2. Reasons for Rejecting Alternative
A comparison between impacts identified in the Project and Alternative 2 is detailed Section 5.2 and summarized in Table 5.0-4 of the Final EIR, and summarized below.

Impacts identified for Alternative 2 in the following categories would remain generally the same as for the Project: Air Quality (operation), Biological Resources, Cultural Resources (historical resources), Energy (operation, conflict with plans), Greenhouse Gas Emissions, Noise, Transportation, Utilities and Service Systems (operation).

Impacts identified for Alternative 2 in the following categories would be decreased when compared to the Project but the less than significant determination would remain the same: Air Quality (construction), Cultural Resources (archeological resources), Energy (construction), Geology and Soils (paleontological resources), Tribal Cultural Resources, Utilities and Service Systems (construction).

Impacts related to the following category would be increased when compared to the Project but the less than significant determination would remain the same: Land Use and Planning. The Land Use and Planning impact is increased under Alternative 2 because the 117 parking spaces provided would not meet the projected peak demand of the proposed uses. However pursuant to Public Resources Code Section 21099(d)(1), a project’s parking impacts shall not be considered a significant impact on the environment if the project is an employment center project or located on an infill site within a transit priority, which would be the case for the Project and Alternative 2. 31 Therefore, while this conflict regarding the number of parking spaces provided in and of itself would not result in a significant land use impact, impacts related to conflicts with land use plans under Alternative 2 would be greater than the less-than-significant impacts of the Project; however, such impacts would continue to be less than significant under Alternative 2.

Project Objectives
Alternative 2 would meet the underlying purpose of the Project to the same extent as the Project by providing the same high quality hotel development as the Project. In addition, Alternative 2 would achieve the Project objectives, specifically the following:
• Support and expand tourism and business activity by developing new lodging opportunities that are easily accessible to entertainment and commercial destinations in the City of Beverly Hills.
• Provide short- and long-term employment opportunities and maximize transient occupancy tax revenue for the City through the development of a one-of-a-kind luxury hotel that will attract visitors to the Business Triangle and Beverly Hills. • Reduce vehicular trips and promote local and regional mobility objectives by developing a hotel use with convenient access to a variety of alternative transportation options including walking, biking, and public transit, and in close proximity to popular tourist destinations.
• Replace existing uses and structures with an economically viable and aesthetically attractive development on a physically constrained site that will be physically and programmatically compatible with the variety of urban uses in the vicinity. • Improve the pedestrian experience and enhance walkability through a pedestrian friendly design that includes pedestrian amenities at ground level. • To accommodate vehicle flow on adjacent City streets and promote multiple transportation modes (walking, bicycling) by relocating the alley bisecting the Project Site, placing parking underground, limiting driveway access points, and enhancing the pedestrian environment on all of the adjoining streets.

Conclusion
While Alternative 2 would meet the Project objectives and generally reduce construction activities due to the elimination of one level of subterranean parking proposed by the Project, it would not eliminate any of the Project’s impacts which are less than significant or less than significant with mitigation, and would result in greater Land Use and Planning impacts. Overall, impacts under Alternative 2 would be similar to, or less than, those of the Project, but would be more impactful for Land Use and Planning. Alternative 2 also would result in incrementally greater environmental impacts, and thus is an overall inferior alternative that is hereby rejected on those bases.

C. ALTERNATIVE 3 – ZONING COMPLIANT
32 1. Summary of Alternative
Alternative 3, the Zoning Compliant Alternative, would develop the Project Site consistent with the Project Site’s current zoning of C-3 (Commercial) and the General Plan’s land use designation for Low Density Commercial uses. The General Plan provides that the Project Site may be used for general commercial uses, including hotels and ancillary uses. Additionally, the Low Density Commercial designation limits development at the Project Site to a Floor Area Ratio (FAR) density of 2.0:1 and a height of 45 feet. Accordingly, Alternative 3 would include the development of a 36-room hotel (compared to the Project’s 115 guest rooms) with ground floor and second floor retail on North Rodeo Drive and South Santa Monica Boulevard. Overall, Alternative 3 would provide 105,214 square feet of floor area with a FAR of 2.0:1, compared to the 220,950 square feet of floor area and 3.91:1 above-ground FAR and 4.2:1 total FAR as proposed by the Project (a reduction of 115,735 square feet of floor area). Alternative 3 would consist of three stories with a maximum height of 45 feet (a reduction in height ranging from 6 feet from the Project’s 51 foot height along North Rodeo Drive, up to 70 feet in height from the Project’s maximum height of 115 feet along North Beverly Drive) and feature blocky massing without significant modulation or articulation. Alternative 3 would also eliminate the second and third subterranean levels of parking.

Alternative 3 would not include common and private outdoor space. The open space under Alternative 3 would consist of a rooftop lounge on the third floor. Alternative 3 would have a plain façade without the trellis-like garden porte cochere of the Project, guest balconies, awnings or greenery, or the pedestrian-friendly ground floor uses along South Santa Monica and North Beverly proposed by the Project. Without ground floor restaurant area and pedestrian oriented improvements, South Santa Monica and North Beverly would be dominated by vehicular uses.

The sidewalk on South Santa Monica Boulevard would not be widened or improved for pedestrian activities as proposed by the Project. Alternative 3 would replace the 15 street trees lining the sidewalks with fewer street trees, due to the increase in curb cuts. The Project’s proposed restaurant, bar, wellness center, spa, club, and penthouse uses would also be eliminated along with all public access to the Project Site except for the ground-floor and second floor retail uses.

Alternative 3 eliminates recessed windows, balconies and overhangs that are incorporated throughout the Project.

Parking would be provided in one subterranean level (a reduction of two subterranean levels when compared to the Project’s three proposed subterranean levels) with a total of 90 on-site parking spaces (a reduction of 49 parking spaces when compared to the Project’s proposed 139 on-site parking spaces, a reduction of 82 spaces when compared to the Project’s proposed total parking supply of 172 spaces [139 on-site and 33 in lieu parking spaces], a reduction of 95 parking spaces when compared to the Proposed Project’s proposed 185 parking spaces). As previously discussed, all public access to the Project Site would be eliminated under Alternative 3 except for the proposed retail uses.

The proposed valet motor court would connect to the existing alley under Alternative 3, which would remain in its current configuration, as compared to the Project’s proposed relocation of the alley. Employee and valet driven vehicles would enter Alternative 3’s subterranean parking from the valet motor court on North Beverly Drive. Employees and small delivery vans would also enter and exit the subterranean parking level through the valet motor court; full size delivery vans and trucks would use surface level loading areas located near the alley. 33 Because Alternative 3 would reduce the amount of construction and excavation/export compared to the Project, construction activities and the construction period would be reduced compared to the Project. Due to the elimination of the second and third subterranean levels, the total depth of excavation required for Alternative 3 would be reduced as compared to the Project from 44 feet to a depth of 15 feet (a reduction of 29 feet when compared to the Project). Consequently, soil export for Alternative 3 would be reduced as compared to the Project, and would include 18,435 cubic yards of exported soil (a reduction of 106,485 cubic yards when compared to the Project’s proposed 124,920 cubic yards of soil export).

Alternative 3 would not require a General Plan Amendment; a Zoning Map and Zone Text Amendment; a Specific Plan; or an Amendment to the Master Plan of Streets

2. Reasons for Rejecting Alternative
A comparison between impacts identified in the Project and Alternative 3 is detailed Section 5.3 and Table 5.0-4 of the Final EIR, and summarized below.

Impacts identified for Alternative 3 in the following categories would remain generally the same as for the Project: Biological Resources, Cultural Resources (historical resources), Energy (conflict with plans), Noise (construction, operation vibration), Transportation.

Impacts identified for Alternative 3 in the following categories would be decreased when compared to the Project but the significance determination would remain the same: Air Quality, Cultural Resources (archaeological resources), Energy (construction and operation), Geology and Soils (Paleontological Resources), Greenhouse Gas Emission, Land Use and Planning, Noise (operation), Tribal Cultural Resources, Utilities and Service Systems.

Project Objectives
Alternative 3 would not meet the underlying purpose of the Project to revitalize the Project Site by developing a high quality hotel development project. Specifically, the number of hotel rooms would be reduced (36 rooms as compared to the Project’s up-to 115 rooms) and all hotel amenities (restaurant, bar, pool, spa, wellness center with gym, members club) would be eliminated, as are the sidewalk improvements. Alternative 3 would therefore not provide a high quality hotel development within the City to serve the region and tourists as well as publicly accessible neighborhood-serving restaurant and bar uses that encourage pedestrian activity in the vicinity of the Project Site. Notwithstanding, Alternative 3 would achieve the following Project objective, albeit to a lesser extent than the Project, due to its limited number of hotel rooms and lack of amenities typically provided as part of a luxury hotel. • Reduce vehicular trips and promote local and regional mobility objectives by developing a hotel use with convenient access to a variety of alternative transportation options including walking, biking, and public transit, and in close proximity to popular tourist destinations.
34 The following objectives are either not met or only partially met by Alternative 3 due to the reduction in the number of hotel rooms; the retention of the alley in its current configuration; the reduction of two subterranean levels of parking; and the elimination of the restaurant uses, hotel amenities, garden porte cochere over the motor court, sidewalk widening and pedestrian improvements and the majority of the outdoor landscaping:
• Replace existing use and structures with an economically viable and aesthetically attractive development on a physically constrained site that will be physically and programmatically compatible with the variety of urban uses in the vicinity. • Support and expand tourism and business activity by developing new lodging opportunities that are easily accessible to entertainment and commercial destinations in the City of Beverly Hills.
• Provide short- and long-term employment opportunities and maximize transient occupancy tax revenue for the City through the development of a one-of-a-kind luxury hotel that will attract visitors to the Business Triangle and Beverly Hills. • Improve the pedestrian experience and enhance walkability through a pedestrian friendly design that includes pedestrian amenities at ground level. • To accommodate vehicle flow on adjacent City streets and promote multiple transportation modes (walking, bicycling) by relocating the alley bisecting the Project Site, placing parking underground, limiting driveway access points, and enhancing the pedestrian environment on all of the adjoining streets.

Conclusion
Alternative 3 would reduce construction and operational activities due to the reduction in development. However, it would not eliminate any of the Project’s impacts, which are less than significant or less than significant with mitigation. Impacts under Alternative 3 would be similar to, or less than, those of the Project. Alternative 3 also does not meet most of the Project objectives.

Alternative 3 also does not meet most of the Project objectives, and thus is an overall inferior alternative that is hereby rejected on those bases.

D. ALTERNATIVE 4 – REDUCED HEIGHT

1. Summary of Alternative
Alternative 4, the Reduced Height Alternative, would develop the Project Site with the same uses, floor area, and parking spaces as proposed by the Project, providing 220,950 square feet of floor area with an above-ground FAR of 3.91:1 and a total FAR of 4.2:1. Construction of Alternative 4 would be similar to the Project. However, Alternative 4 redistributes the massing of the building to reduce the overall height to seven stories, and reorients the Project’s proposed U-shaped building to the south, such that the bulk of its massing would be positioned between the outdoor spaces—where the proposed uses include amplified sound—and the residential neighborhoods to the north.
35 The hotel building under Alternative 4 would consist of seven stories with a maximum height of 89 feet, as compared to the Project which would vary in height from four stories and a maximum height of 51 feet along North Rodeo Drive (an increase of 48 feet) to nine stories with a maximum height of 115 feet along North Beverly Drive (a reduction of 26 feet in height). In addition to the reorientation of the Project’s proposed U-shaped building to the south, under Alternative 4, the third through sixth floors would extend over the motorcourt, and the hotel amenities would be concentrated at the center of the building, with the spa on the third floor, the private club and bar on the fourth floor, the wellness center and additional private club uses on the fifth floor, and the pool deck on the sixth floor. These amenities would be wrapped with hotel guest rooms along North Rodeo Drive, South Santa Monica Boulevard, and North Beverly Boulevard, thus resulting in a U shaped building that faces south. Furthermore, under Alternative 4, the penthouse would be positioned to the north of the penthouse pool deck. The Project’s proposed eighth and ninth floors would be eliminated under Alternative 4 and the features and amenities in these floors would be distributed to other lower floors.

Alternative 4 eliminates recessed windows, balconies and overhangs that are incorporated throughout the Project, which shade window glazing while allowing deflected and diffused daylight into the building and reduce the need for artificial light sources. Due to this redistribution of building massing, Alternative 4 would involve a significant reduction in access to natural light for a large number of guest rooms, as well as the club, wellness center, spa and gym uses.

Alternative 4 would also eliminate the building step backs on North Rodeo Drive, South Santa Monica Boulevard and North Beverly Boulevard as well as guest terraces and greenery. The Project’s proposed ground floor lobby to the private club with a pedestrian entrance on North Beverly Drive would also be eliminated under Alternative 4.

Open spaces and landscaping under Alternative 4 would eliminate the Project’s proposed garden porte cochere over the motor court; the 4,760 square feet of outdoor restaurant and bar spaces on levels six and seven; the publicly-accessible 670-square-foot pedestrian plaza at the corner of South Santa Monica Boulevard and North Rodeo Drive that would be contiguous to the sidewalk and include private artwork; the 742-square-foot outdoor terrace on the seventh level; the wellness center outdoor area; the hotel room balcony/patio areas; and the majority of the outdoor landscaping. The remaining open space would consist of the pool decks on the sixth and seventh floors. Alternative 4 would increase the number of trees on-site from zero to 7 trees and replace the 15 street trees adjacent to the Project Site on a 1:1 basis, for a combined total of 22 trees.

Alternative 4 would require the same discretionary entitlements as the Project.

2. Reasons for Rejecting Alternative
A comparison between impacts identified in the Project and Alternative 4 is detailed in Section

5.4 and Table 5.0-4 of the Final EIR, and summarized below.

Impacts identified for Alternative 4 in the following categories would remain generally the same as for the Project: Air Quality, Biological Resources, Cultural Resources, Energy, Geology and Soils (Paleontological Resources), Greenhouse Gas Emissions, Noise (other than on-site operational noise), Transportation, Tribal Cultural Resources, Utilities and Service Systems. 36 Impacts identified for Alternative 4 in the following category would be decreased when compared to the Project but the significance determination would remain the same: Noise (on-site operational noise). The outdoor spaces under Alternative 4 would be less than the Project and the building layout with reorientation of the U-shaped building would provide shielding of noise from the residential uses to the north.

Impacts related to the following category would be increased when compared to the Project and potentially significant: Land Use and Planning. With the introduction of one uniform height across the building, Alternative 4 would eliminate many of the Project’s features and the various design elements of the building proposed by the Project which support the City’s goals, objectives, and policies. As such, Alternative 4 conflicts with applicable land use plans, policies, or regulations adopted for the purpose of avoiding or mitigating an environmental effect. Thus, impacts related to conflicts with land use plans under Alternative 4 would be potentially significant and greater than the less-than-significant impacts of the Project.

Project Objectives
With a similar mix of uses, and the same floor area and FAR as the Project, Alternative 4 would achieve the following Project objectives:
• Support and expand tourism and business activity by developing new lodging opportunities that are easily accessible to entertainment and commercial destinations in the City of Beverly Hills.
• Reduce vehicular trips and promote local and regional mobility objectives by developing a hotel use with convenient access to a variety of alternative transportation options including walking, biking, and public transit, and in close proximity to popular tourist destinations.
• To accommodate vehicle flow on adjacent City streets and promote multiple transportation modes (walking, bicycling) by relocating the alley bisecting the Project Site, placing parking underground, limiting driveway access points, and enhancing the pedestrian environment on all of the adjoining streets.

However, Alternative 4 would only partial meet the underlying purpose of the Project and would not meet the following objectives of the Project due to the reduction of the Project’s proposed streetscape improvements, elimination of the building step backs, articulation, and modulation in lieu of a shear-sided, blocky massing; elimination of the publicly-accessible 670 square foot pedestrian plaza at the corner of South Santa Monica Boulevard and North Rodeo Drive that would be contiguous to the sidewalk and include private artwork; elimination of the majority of the private and common open space including guest terraces; elimination of the trellis-like garden porte cochere over the motor court; elimination of the majority of the outdoor landscaping; and a significant reduction in access to natural light for a large number of guest rooms, as well as the club, wellness center, spa and gym uses.
37 • Provide short- and long-term employment opportunities and maximize transient occupancy tax revenue for the City through the development of a luxury hotel that will attract visitors to the Beverly Hills Business Triangle.
• Replace existing uses and structures with an economically viable and aesthetically attractive development on a physically constrained site that will be physically and programmatically compatible with the variety of urban uses in the vicinity. • Improve the pedestrian experience and enhance walkability through a pedestrian friendly design that includes pedestrian amenities at ground level.

Conclusion
Alternative 4 would redistribute the massing of the hotel building to reduce the overall height to 89 feet consisting of seven stories as well as reorient the Project’s proposed U-shaped building to the south, this alternative would develop the same uses, floor area, and parking as the Project. As such, Alternative 4 would not eliminate any of the Project’s impacts, all of which are less than significant or less than significant with mitigation. In addition, Alternative 4 would result in greater impacts with regard to land use and planning as Alternative 4 would not be consistent with applicable land use policies. Overall, impacts under Alternative 4 would be similar to those of the Project, except for Land Use and Planning, which impacts would be greater. Alternative 4 also does not meet most of the Project objectives, and would result in incrementally greater environmental impacts, and thus is an overall inferior alternative that is hereby rejected on those bases.

E. ALTERNATIVE 5

1. Summary of Alternative
Alternative 5, the Reduced Project Alternative, would develop the Project Site similar to the Project but at a reduced scale, including by eliminating the third subterranean level proposed under the Project as well as all publicly-accessible uses except for the ground floor retail on Rodeo Drive.

Overall, Alternative 5 would provide 168,403 square feet with a FAR of 3.0:1 above-ground FAR and 3.2:1 total FAR as compared to the 220,950 square feet of floor area and 3.91:1 above-ground FAR and 4.2:1 total FAR of the Project (a reduction of 52,546 square feet). Alternative 5 would propose a 85-room hotel building (a reduction of 30 guest rooms compared to the Project) would consist of five stories with a maximum height of 66 feet along North Rodeo Drive (an increase of 15 feet as compared to the proposed four stories and 51 feet of the Project along North Rodeo Drive) and seven stories with a maximum height of 95 feet (a reduction of 20 feet in height as compared to the nine stories with a maximum height of 115 feet of the Project along North Rodeo Drive).

Alternative 5 would eliminate the Project’s proposed private club and also eliminate the publicly accessible, ground floor restaurant on the corner of South Santa Monica Boulevard and North Beverly Drive and replace it with a vehicle down ramp internal to the Project Site, as well as reduce the floor area of the wellness center and spa and the sixth floor restaurant. The remaining restaurant and the wellness center and spa on the sixth floor would be reduced in size and available 38 to hotel guests only. Additionally, the Project’s proposed ground floor lobby to the private club with a pedestrian entrance on North Beverly Drive would be eliminated under Alternative 5, as would the private club.

The overall design of the building under Alternative 5 differs from the Project by using shear sides and blocky massing to achieve a lower height, eliminating the Project’s stepped back, modulated and articulated design. The façade lacks the Project’s guest terraces and greenery, and lacks the trellis-like garden porte cochere. Alternative 5 would feature similar pedestrian and bicycle access as the Project. Vehicular access would also be similar to the Project, but all ramps would be internal to the Project Site and accessed from the motor court, as described further below.

Parking would be provided in two subterranean levels (a reduction of one subterranean level when compared to the Project’s three proposed subterranean levels) with a total of 94 on-site parking spaces (a reduction of 45 parking spaces when compared to the Project’s proposed 139 on-site parking spaces, a reduction of 78 parking spaces when compared to the Project’s proposed total parking supply of 172 spaces [139 on-site and 33 in lieu parking spaces], and a reduction of 91 parking spaces when compared to the Proposed Project’s proposed 185 parking spaces). As with the Project, primary access to the building and parking would be from South Santa Monica Boulevard from a valet motor court. The existing alley that runs north-south and is currently accessed from South Santa Monica Boulevard would be removed and relocated to the southern portion of the Project Site. The new access point to the alley would be from the west side of North Beverly Drive.

Open spaces and landscaping under Alternative 5 would be greatly reduced. Specifically, Alternative 5 would eliminate the Project’s proposed 4,760 square feet of outdoor restaurant and bar spaces on levels six and seven; the publicly-accessible 670 square foot pedestrian plaza at the corner of South Santa Monica Boulevard and North Rodeo Drive that would be contiguous to the sidewalk and include private artwork; the 742 square-foot outdoor terrace on the seventh level; the wellness center outdoor area; and the majority of the outdoor landscaping. The remaining open space and landscaping would consist of the pool decks on the sixth and seventh floors.

Furthermore, similar to the Project, Alternative 5 would also increase the number of trees on site from zero to 7 trees and replace the 15 street trees adjacent to the Project Site on a 1:1 basis, for a combined total of 22 trees.

With the reduction in uses and parking, construction of Alternative 5 would be reduced compared to the Project. Similar to the Project, construction activities would include demolition of existing uses, grading and excavation, and construction of a new structure and related infrastructure. Due to the elimination of the third subterranean level, the total depth of excavation required for Alternative 5 would be reduced from 44 feet to a depth of 35 feet (a reduction of nine feet when compared to the Project). Consequently, soil export for Alternative 5 would also be reduced as compared to the Project and would include 99,369 cubic yards of exported soil (a reduction of 25,551 cubic yards when compared to the Project’s proposed 124,920 cubic yards of soil export).

Alternative 5 would require the same discretionary entitlements as the Project, as listed in Section

2.0, Project Description, of this Draft Final EIR.

2. Reasons for Rejecting Alternative
39 A comparison between impacts identified in the Project and Alternative 5 is detailed Section 5.5 of the Final EIR and summarized below.

Impacts identified for Alternative 5 in the following categories would remain generally the same as for the Project: Biological Resources, Cultural Resources (historical resources), Energy (conflict with plans), Noise (construction, operation vibration), Transportation.

Impacts identified for Alternative 2 in the following categories would be decreased when compared to the Project but the significance determination would remain the same: Air Quality, Cultural Resources (archeological resources), Energy (construction and operation), Geology and Soils (Paleontological Resources), Greenhouse Gas Emissions, Noise (operation on-site and offsite noise), Tribal Cultural Resources, Utilities and Service Systems.

Impacts related to the following category would be increased when compared to the Project but the significance determination would remain the same: Land Use Planning. Alternative 5 would develop the Project Site with the same uses as the Project but would eliminate many of the Project’s features and design elements which support the City’s goals, objectives, and policies of its General Plan. Thus, Alternative 5 conflicts with applicable land use plans, policies, or regulations adopted for the purpose of avoiding or mitigating environmental effect and Alternative 5 Land Use and Planning impacts would be potentially significant and greater than the less than significant impacts of the Project.

Project Objectives
Alternative 5 would provide a similar mix of uses as the Project but such uses would be reduced.

Specifically, Alternative 5 does not encourage pedestrian activity; provides a smaller number of hotel rooms, a reduced number of restaurants; reduces the size of the amenity uses; eliminates one level of subterranean parking, the members club, most of the open space and landscaping, and the building step backs, modulation, and articulation. Thus Alternative 5 would only partially meet the underlying purpose of the Project to revitalize the Project Site by developing a high quality hotel development project. Alternative 5 would achieve the following Project objectives:
• Support and expand tourism and business activity by developing new lodging opportunities that are easily accessible to entertainment and commercial destinations in the City of Beverly Hills.
• Reduce vehicular trips and promote local and regional mobility objectives by developing a hotel use with convenient access to a variety of alternative transportation options including walking, biking, and public transit, and in close proximity to popular tourist destinations.

The following objectives are either not met or only partially met by Alternative 5 due to the elimination of step backs, modulation and articulation in building design, the ground floor restaurant, the private club, public use of the wellness center and spa and remaining restaurant and 40 their reduction in size, and elimination of one subterranean level of parking and the proposed streetscape improvements:
• Provide short- and long-term employment opportunities and maximize transient occupancy tax revenue for the City through the development of a one-of-a-kind luxury hotel that will attract visitors to the Business Triangle and Beverly Hills. • Replace existing uses and structures with an economically viable and aesthetically attractive development on a physically constrained site that will be physically and programmatically compatible with the variety of urban uses in the vicinity. • To accommodate vehicle flow on adjacent City streets and promote multiple transportation modes (walking, bicycling) by relocating the alley bisecting the Project Site, placing parking underground, limiting driveway access points, and enhancing the pedestrian environment on all of the adjoining streets.
• Improve the pedestrian experience and enhance walkability through a pedestrian friendly design that includes pedestrian amenities at ground level.

Conclusion
Alternative 5 would reduce construction and operational activities due to the reduction in uses, floor area, and parking. However, Alternative 5 would not eliminate any of the Project’s impacts, which are less than significant or less than significant with mitigation, and would result in greater impacts regarding land use and planning. Alternative 5 also does not meet most of the Project objectives, and would result in incrementally greater environmental impacts, and thus is an overall inferior alternative that is hereby rejected on those bases.

F. ENVIRONMENTALLY SUPERIOR ALTERNATIVE
As detailed discussion of the Environmentally Superior Alternative is included in Section 5.6 of the Final EIR.

The No Project Alternative would have environmental impacts that would be overall less than any other alternatives, including the Project. However, Section 15126.6 of the CEQA Guidelines requires that if the environmentally superior alternative is determined to be a “no project” alternative then an EIR must also identify an environmentally superior alternative from among the other alternatives.

Alternative 3 is identified as the environmentally superior alternative because Alternative 3 would reduce many of the Project’s less-than-significant and less than significant with mitigation impacts to the greatest degree compared to the other alternatives due to the substantial reduction of excavation and floor area involved. Nonetheless Alternative 3 would not eliminate the Project’s impacts, which are less than significant or less than significant with mitigation, and would not meet the underlying purpose of the Project to revitalize the Project Site by developing a high quality hotel development project.
41 Alternative 3 would also be less effective than the Project in meeting the following Project Objectives due to its limited number of hotel rooms (2/3 fewer than those provided by the Project) and lack of amenities typically provided as part of a luxury hotel, including restaurants and bars, spa and pools.
• Reduce vehicular trips and promote local and regional mobility objectives by developing a hotel use with convenient access to a variety of alternative transportation options including walking, biking, and public transit, and in close proximity to popular tourist destinations.

The following objectives are either not met or only partially met by Alternative 3 due to the reduction in hotel rooms; retention of the alley in its current configuration; the reduction of two subterranean levels of parking; and the elimination of the restaurant uses, amenities, garden porte cochere over the motor court, sidewalk widening and pedestrian amenities, and the majority of the outdoor landscaping:
• Replace existing use and structures with an economically viable and aesthetically attractive development on a physically constrained site that will be physically and programmatically compatible with the variety of urban uses in the vicinity. • Support and expand tourism and business activity by developing new lodging opportunities that are easily accessible to entertainment and commercial destinations in the City of Beverly Hills.
• Provide short- and long-term employment opportunities and maximize transient occupancy tax revenue for the City through the development of a one-of-a-kind luxury hotel that will attract visitors to the Business Triangle and Beverly Hills. • Improve the pedestrian experience and enhance walkability through a pedestrian friendly design that includes pedestrian amenities at ground level. • To accommodate vehicle flow on adjacent City streets and promote multiple transportation modes (walking, bicycling) by relocating the alley bisecting the Project Site, placing parking underground, limiting driveway access points, and enhancing the pedestrian environment on all of the adjoining streets.

Thus, although Alternative 3 is found to be the environmentally superior alternative, it is not superior to the Project in light of the project objectives.

EXHIBIT B

MITIGATION MONITORING AND REPORTING PROGRAM
Cheval Blanc Beverly Hills
Mitigation Monitoring and Reporting Program
City of Beverly Hills
June 2022

Mitigation Monitoring and Reporting Program
This document is the Mitigation Monitoring and Reporting Program (MMRP) for the Cheval Blanc Beverly Hills Specific Plan Project. The purpose of the MMRP is to ensure that the required Mitigation Measures and Project Design Features identified in the Final Environmental Impact Report (Final EIR) are implemented as part of the overall Project implementation. In addition to ensuring implementation of Mitigation Measures and Project Design Features, the MMRP provides feedback to agency staff and decision-makers during Project implementation and identifies the need for enforcement action before irreversible environmental damage occurs.

The following tables summarize the Mitigation Measures and Project Design Features for each issue area identified for the Project in the Final EIR. Where an impact was identified to be less than significant, no Mitigation Measures were required. The tables identify each Mitigation Measure and Project Design Feature, the action required for the Mitigation Measure/Project Design Feature to be implemented, the time at which the monitoring is to occur, the monitoring frequency, and the agency or party responsible for ensuring that the monitoring is performed. In addition, the tables include columns for compliance verification. These columns will be filled out by the monitoring agency or responsible party and will document the timing of monitoring compliance.

This MMRP will be used by City staff or the City’s consultant to determine compliance with permit conditions. Violations of these conditions may cause the City to revoke the operating permit.

Mitigation Monitoring and Reporting Program
Cheval Blanc Beverly Hills
Mitigation Monitoring and Reporting Program
City of Beverly Hills
June 2022

Mitigation Measure Action Required
When
Monitoring
to Occur
Monitoring
Frequency
Responsible
Agency or Party
Compliance Verification
Initial Date Comments
Biological Resources
Mitigation Measure BIO-MM-1: At least
30 days prior to construction, surveys
shall be conducted by a qualified
biologist, on all roosting habitat adjacent
to the construction area, to identify the
presence of bats and any active or
potential bat-roosting cavities. During the
non-breeding and active season (typically
October), bats shall be safely evicted
from these areas, if feasible, under the
direction of a qualified biologist. Preconstruction bat surveys of the palm tree crowns from a man-lift shall be conducted
by a qualified bat specialist immediately
prior to tree removal within the Biological
Study Area, to determine whether or not
there are bats within the construction
area. If the presence or absence of bats
cannot be confirmed in potential roosting
habitat, a biological monitor shall be
on-site during tree and building removal.

If bats are disturbed during tree or
building removal, work shall be safely
suspended until all bats leave the vicinity
on their own. Work shall resume only
once it has been determined that all bats
have left the site, as determined by the
qualified biologist. In the event a maternal
colony of bats is found, no work shall be
conducted within 100 feet of the maternal
roosting site until the maternal season
(April 1–September 15) is over or the
bats have left the site, or as otherwise
determined by a qualified biologist. The
site shall be designated as a sensitive
area and protected as such until the bats
have left the site. No clearing and
grubbing shall be authorized adjacent to
The Project Applicant
shall conduct a preconstruction bat survey
at least 30 days prior to
the start of construction
activities.

The City shall verify and
review completion of a
bat survey and survey
results.

During the non-breeding
and active season
(typically October): If
bats are found, bats shall
be safely evicted under
the direction of a
qualified biologist. If it
cannot be determined
during preconstruction
survey that bats are
present and bats are
disturbed during tree or
building removal, the City
shall verify work is safely
suspended until all bats
leave the vicinity on their
own.

During the maternal
season (April 1–
September 15): In the
event a maternal colony
of bats is found, the City
shall verify no work is
conducted within 100
feet of the maternal
roosting site until the
maternal season is over
Review and
verification prior
to issuance of
any construction
permit and during
tree and building
removal if bats
are present or if
their presence
cannot be
determined.

Once prior to
issuance of any
demolition and/or
construction permit
to verify surveys
have been
conducted.

Throughout all tree
and building
removal activities
and periodic
monitoring as
directed by the
Project Biologist if
maternal colony is
found.

Project Applicant,
Construction
Contractor,
Community
Development
Department, Project
Biologist
Mitigation Monitoring and Reporting Program
Cheval Blanc Beverly Hills
Mitigation Monitoring and Reporting Program
City of Beverly Hills
June 2022

Mitigation Measure Action Required
When
Monitoring
to Occur
Monitoring
Frequency
Responsible
Agency or Party
Compliance Verification
Initial Date Comments
the roosting site. Combustion equipment,
such as generators, pumps, and vehicles,
shall not be parked nor operated within
100 feet of the roosting site. Fencing or
other barriers shall be installed around
the buffer area, and construction
personnel shall not be authorized to enter
areas beneath the colony, especially
during the evening exodus. All qualified
biologists shall be retained by the
Applicant and proof of such retention
shall be submitted to the City prior to the
commencement of construction and prior
to conducting any of the above described
activities.
or the bats have left the
site, or as otherwise
determined by a qualified
biologist.

Mitigation Measure BIO-MM-2: If bats
or any active bat-roosting cavities are
found to be present on-site or in the
adjacent street trees, construction
activities shall be conducted during
daylight hours, and no construction work
shall be conducted at night until all bats
leave the vicinity on their own. Once all
bats have left the vicinity on their own, as
determined by a qualified biologist,
construction activities during nighttime
hours may resume, consistent with all
other applicable requirements.

In the event bats or any
active bat-roosting
cavities are found to be
present on-site or in the
adjacent street trees, the
City shall verify
construction activities be
conducted during
daylight hours, and no
construction work shall
be conducted at night
until all bats leave the
vicinity on their own.

If bats are found,
review and
verification
throughout the
construction
period, as
deemed
necessary by the
City and Project
Biologist.

If bats are found,
continuously
throughout the
construction period,
as deemed
necessary by the
City and Project
Biologist.

Project Applicant,
Construction
Contractor,
Community
Development
Department, Project
Biologist
Mitigation Measure BIO-MM-3:1 Tree
removal activities associated with the
Project are required to be conducted
outside of the nesting season (February
The City shall verify that
construction is scheduled
outside of the bird
nesting season; if
City review and
verification
during tree
removal
Once by City prior
to issuance of initial
demolition and/or
construction
Project Applicant,
Construction
Contractor,
Community
1 Section 4.2, Biological Resources, of the Draft EIR, includes Mitigation Measure BIO-MM-3 to ensure compliance with the Migratory Bird Treaty Act and California Fish and Game Code. Conditions of Approval were previously included in the Initial Study to ensure compliance with the Migratory Bird Treaty Act and California Fish and Game Code. However, to further ensure compliance with the MBTA and the CFG Code, these Conditions of Approval are incorporated as mitigation.

Mitigation Monitoring and Reporting Program
Cheval Blanc Beverly Hills
Mitigation Monitoring and Reporting Program
City of Beverly Hills
June 2022

Mitigation Measure Action Required
When
Monitoring
to Occur
Monitoring
Frequency
Responsible
Agency or Party
Compliance Verification
Initial Date Comments
1–August 31), to the extent feasible.

Should vegetation removal activities
occur during the nesting season, a
biological monitor would be present
during the removal activities to ensure
that no active nests would be impacted.

If active nests are found, a buffer would
be established until the fledglings have
left the nest.
construction is to occur
during the bird nesting
season, the City shall
verify that a biological
monitor would be present
during the removal
activities to ensure that
no active nests would be
impacted.
activities.

Biological
monitor required
if tree removal
activities occur
during bird
nesting season.
permits to confirm
when vegetation
removal activities
will occur. Ongoing
biological monitor
during tree removal
activities if
occurring during
bird nesting
season.

Development
Department, Project
Biologist
Cultural Resources
Mitigation Measure CUL-MM-1: A
qualified archaeologist shall be retained
to perform periodic inspections of
excavation and grading activities at the
Project Site. The frequency of
inspections shall be based on
consultation with the archaeologist and
the City and shall depend on the rate of
excavation and grading activities and the
materials being excavated. If
archaeological materials are
encountered, the archaeologist shall
temporarily divert or redirect grading and
excavation activities within 100-feet of the
exposed material to facilitate evaluation
and, if necessary, salvage. The
archaeologist shall then assess the
discovered material(s) and prepare a
survey, study or report evaluating the
impact. The Applicant shall then comply
with the recommendations of the
evaluating archaeologist, and a copy of
the archaeological survey report shall be
submitted to the City Planning Division.

Ground-disturbing activities may resume
once the archaeologist’s
recommendations have been
implemented to the satisfaction of the
The Project Applicant or
Contractor will verify that
a qualified archaeologist
is retained and verify that
the specialist is on-site
during ground-disturbing
activities. If resources
are found and exposed,
the Project Applicant
shall provide proof that a
qualified specialist as
listed in the Mitigation
Measure has
investigated and has
made appropriate
recommendations.

City review and
verification prior
to issuance of
any construction
permit. Project
Archaeologist
monitoring during
ground-disturbing
activities.

Once by City prior
to issuance of initial
demolition and/or
construction
permits to confirm
retention of
qualified
archeologist.

Periodic monitoring
by Project Qualified
Archaeologist
throughout all
ground-disturbing
activities.

Project Applicant,
Construction
Contractor,
Community
Development
Department, Project
Qualified
Archaeologist
Mitigation Monitoring and Reporting Program
Cheval Blanc Beverly Hills
Mitigation Monitoring and Reporting Program
City of Beverly Hills
June 2022

Mitigation Measure Action Required
When
Monitoring
to Occur
Monitoring
Frequency
Responsible
Agency or Party
Compliance Verification
Initial Date Comments
archaeologist.

Mitigation Measure CUL-MM-2:
2 Retain
a Qualified Principal Investigator. A
qualified principal investigator, defined as
an archaeologist who meets the
Secretary of the Interior’s Standards for
professional archaeology and has a
minimum of 10 years of experience as a
principal investigator working with Native
American archaeological sites in
southern California, shall be retained by
the Applicant or their successor to carry
out all Mitigation Measures related to
archaeological and historical resources
(hereafter qualified archaeologist). The
qualified archaeologist shall be contacted
in the event of an inadvertent
archaeological discovery. Following
completion of construction, the qualified
archaeologist shall provide an
archaeological monitoring report to the
City and SCCIC with the results of the
cultural monitoring program.

The Project Applicant
shall retain a qualified
archaeologist that meets
the Secretary of the
Interior’s Standards for
professional archaeology
and has had a minimum
of 10 years of experience
as a principal investigator
working with Native
American archaeological
sites in southern
California. The Qualified
Principal Investigator
shall provide proof that
the procedures and
Measures listed in this
Mitigation Measure have
been implemented and
complied with.

City review and
verification prior
to issuance of
any construction
permit. Project
Archaeologist
monitoring during
ground-disturbing
activities.

Once by City prior
to issuance of initial
demolition and/or
construction
permits to confirm
retention of Project
Qualified
Archeologist. As
required during the
construction period
in the event of an
inadvertent
discovery.

Project Applicant,
Construction
Contractor,
Community
Development
Department, Project
Qualified
Archeologist
Geology and Soils (Paleontological Resources)
Mitigation Measure GEO-MM-1: A
Qualified Paleontologist meeting the
Society of Vertebrate Paleontology (SVP)
Standards (SVP, 2010) (Qualified
Paleontologist) shall be retained prior to
the approval of demolition or grading
permits. The Qualified Paleontologist
shall provide technical and compliance
The Project Applicant
shall retain a Qualified
Paleontologist that meets
the SVP Standards. The
Qualified Paleontologist
shall provide proof that
the procedures and
Measures listed in this
City review and
verification prior
to issuance of
any construction
permit. Qualified
Paleontologist
overseen
monitoring during
Once by City prior
to issuance of initial
demolition and/or
construction
permits Continuous
monitoring
overseen by
Qualified
Project Applicant,
Construction
Contractor,
Community
Development
Department,
Qualified
Paleontologist
2 The Draft EIR included this mitigation as Mitigation Measure TCR-MM-1; however, since it relates to archaeological resources, the Mitigation Measure is most applicable to Cultural Resources.

Mitigation Monitoring and Reporting Program
Cheval Blanc Beverly Hills
Mitigation Monitoring and Reporting Program
City of Beverly Hills
June 2022

Mitigation Measure Action Required
When
Monitoring
to Occur
Monitoring
Frequency
Responsible
Agency or Party
Compliance Verification
Initial Date Comments
oversight of all work as it relates to
paleontological resources and shall be
responsible for monitoring and
overseeing paleontological monitors
(meeting SVP standards) that will
observe Project grading and excavation
activities.

Mitigation Measure have
been implemented and
complied with.
ground-disturbing
activities.

Paleontologist
during grading and
excavation
activities.

Mitigation Measure GEO-MM-2: The
Qualified Paleontologist shall have the
authority to temporarily halt or divert work
away from exposed fossils or potential
fossils in the event such paleontological
resources are encountered at the Project
Site during construction or the course of
any ground disturbance activities. If
paleontological resources are
encountered, the Applicant shall notify
the City and consult with the Qualified
Paleontologist to assess the significance
of the find. The assessment shall be
prepared in accordance with Society of
Vertebrate Paleontology standards. If
any find is determined to be significant,
appropriate avoidance Measures
recommended by the consultant and
approved by the City shall be followed
unless avoidance is determined to be
unnecessary or infeasible by the City. If
avoidance is determined to be
unnecessary or infeasible, other
appropriate Measures (e.g., data
recovery, excavation) shall be instituted.

The Project Applicant
and Contractor will verify
that exposed fossils or
potential fossils
unearthed by project
construction activities
shall be evaluated by the
Qualified Paleontologist.

If resources are found
and exposed, the Project
Applicant shall provide
proof that the Qualified
Paleontologist has
investigated and has
made appropriate
recommendations.

Qualified
Paleontologist
review and
verification
during grounddisturbing
activities in the
event of a find.

City verification
of avoidance
Measures in the
event of a
significant find.

Could periodically
occur during
ground-disturbing
activities in the
event of a find.

Project Applicant,
Construction
Contractor,
Community
Development
Department, Project
Qualified
Paleontologist
Mitigation Measure GEO-MM-3: Any
significant fossils collected during
Project-related excavations shall be
prepared to the point of identification and
curated into an accredited repository with
retrievable storage. The Qualified
Paleontologist shall prepare a final
In the event significant
fossils are collected
during construction, the
fossils will be prepared to
the point of identification
and curated into an
accredited repository
Qualified
Paleontologist
preparation and
curation during
grading and
excavation
activities with a
Qualified
Paleontologist
periodically during
the construction
period in the event
of a find. Qualified
Paleontologist once
Project Applicant,
Construction
Contractor,
Community
Development
Department, Project
Qualified
Mitigation Monitoring and Reporting Program
Cheval Blanc Beverly Hills
Mitigation Monitoring and Reporting Program
City of Beverly Hills
June 2022

Mitigation Measure Action Required
When
Monitoring
to Occur
Monitoring
Frequency
Responsible
Agency or Party
Compliance Verification
Initial Date Comments
monitoring and mitigation report for
submittal to the City in order to document
the results of the monitoring effort and
any discoveries. If there are significant
discoveries, fossil locality information and
final disposition will be included with the
final report which will be submitted to the
appropriate repository and the City.
with retrievable storage.

Qualified Paleontologist
required to complete final
monitoring report.
final report
required at the
conclusion of
monitoring.
for preparation of a
final monitoring and
mitigation report.

City once for
acceptance of final
monitoring and
mitigation report.

Paleontologist
Noise
Mitigation Measure NOI-MM-1: Prior to
start of construction, the Applicant shall
retain the services of a structural
engineer to visit the two off-site buildings
adjacent to the Project Site to the south
to inspect and document (video and/or
photographic) the apparent physical
condition of the buildings. In addition, the
structural engineer shall establish
baseline structural conditions of the
buildings and prepare a shoring design.

Prior to construction, the Applicant shall
retain the services of a qualified
acoustical engineer to review proposed
construction equipment and develop and
implement a vibration monitoring program
capable of recording and documenting
the construction-related ground vibration
levels at the two off-site buildings during
demolition, shoring and excavation
phase, as follows:
• The vibration monitoring system shall
measure (in vertical and horizontal
directions) and continuously store the
peak particle velocity (PPV) in
inch/second. The system shall also be
programmed for two preset velocity
levels: a warning level of 0.4
inch/second (PPV) and a regulatory
The Project Applicant or
Contractor will retain a
structural engineer and a
qualified acoustical
engineer and submit the
required procedures and
Measures listed in this
Mitigation Measure to the
Community Development
Department for review
and approval. The
Construction Contractor
must implement the
required vibration
monitoring system during
construction activities. In
the event of vibration
monitoring system alert,
the required procedures
in the Mitigation Measure
must be followed by the
Construction Contractor
and City Building Official.

City review and
verification of
required
inspection,
documentation
and monitoring
program prior to
issuance of any
construction
permit.

Construction
Contractor
vibration
monitoring
throughout the
construction
period. In the
event warning
levels are
exceeded, City
review and
monitoring for
compliance with
requirements of
Mitigation
Measure.

City review and
verification prior to
the start of
construction.

Construction
Contractor vibration
monitoring
throughout the
construction period.

Building Official
monitoring in the
event of
exceedance of a
vibration alert level.

Project Applicant,
Construction
Contractor,
Community
Development
Department, City
Building Official
Mitigation Monitoring and Reporting Program
Cheval Blanc Beverly Hills
Mitigation Monitoring and Reporting Program
City of Beverly Hills June
2022

Mitigation Measure Action Required
When
Monitoring
to Occur
Monitoring
Frequency
Responsible
Agency or Party
Compliance Verification
Initial Date Comments
level of 0.5 inch/second (PPV). The
system shall also provide real-time alert
when the vibration levels exceed the
two preset levels.
• The vibration monitoring program shall
be submitted to the Community
Development Department, prior to
initiating any construction activities.
• In the event the warning level 0.4
inch/second (PPV) is triggered, the
contractor shall identify the source of
vibration generation and provide
feasible steps to reduce the vibration
level, including but not limited to
staggering concurrent activities (if doing
so would not pose a safety risk to
personnel or damage risk to buildings)
and utilizing lower vibratory techniques.

The additional Measures shall be
submitted to the Building Official for
review and approval.
• In the event the regulatory level 0.5
inch/second (PPV) is triggered, the
contractor shall halt the construction
activities in the vicinity of the building
and visually inspect the building for any
damage. Results of the inspection
must be logged. The contractor shall
identify the source of vibration
generation and provide feasible steps
to reduce the vibration level.

Construction activities may then restart
once the vibration level is re-measured
and below the warning level. The
additional Measures shall be submitted
to the Building Official for review and
approval.

Mitigation Monitoring and Reporting Program
Cheval Blanc Beverly Hills
Mitigation Monitoring and Reporting Program
City of Beverly Hills
June 2022

Mitigation Measure Action Required
When
Monitoring
to Occur
Monitoring
Frequency
Responsible
Agency or Party
Compliance Verification
Initial Date Comments
Transportation
Mitigation Measure TRA-MM-1: A
Construction Traffic Management Plan
shall be prepared prior to the
commencement of construction activities.

The Construction Traffic Management
Plan shall be implemented during
construction to accomplish the following:
• Maintain existing access for land uses
in proximity of the Project Site during
Project construction.
• Schedule deliveries and pick-ups of
construction materials to non-peak
travel periods, to the maximum extent
feasible.
• Coordinate deliveries and pick-ups to
reduce the potential of trucks waiting to
load or unload for protracted periods of
time.
• Minimize obstruction of through traffic
lanes on North Beverly Drive and
South Santa Monica Boulevard.
• Construction equipment traffic from the
contractors shall be controlled by
flagman.
• Identify designated transport routes for
heavy trucks (in addition to haul trucks)
to be used over the duration of the
proposed Project.
• Schedule vehicle movements to ensure
that there are no vehicles waiting
off-site and impeding public traffic flow
on the surrounding streets.
• Establish requirements for
loading/unloading and storage of
materials on the Project Site, where
The Project Applicant
shall submit a
Construction Traffic
Management Plan and a
Construction Workers
Parking Management
Plan to the Director of
Community Development
prior to issuance of
grading or construction
permits.

The plan shall be
reviewed by the
Community Development
Department and Public
Works Department—
Transportation Division
and filed with the
Building and Safety
Division Prior to the
issuance of grading
permits.

The City Plan Check
Engineer shall review the
plan to ensure that it
complies with this
Measure. City Building
Inspectors in the field
shall also review the
work to ensure that it
complies with the
requirements noted in
the Construction Traffic
Management Plan and
the Construction Workers
Parking Management
Plan.

City review and
approval prior to
issuance of
construction
permit and City
monitoring
throughout all
construction
phases.

City review and
approval once prior
to issuance of
construction permit.

City field
verification
continuously
throughout all
construction
phases until
issuance of a
Certificate of
Occupancy.

Project Applicant,
Construction
Contractor,
Community
Development
Department/Building
and Safety Division,
Public Works
Department/
Transportation
Division
Mitigation Monitoring and Reporting Program
Cheval Blanc Beverly Hills
Mitigation Monitoring and Reporting Program
City of Beverly Hills
June 2022

Mitigation Measure Action Required
When
Monitoring
to Occur
Monitoring
Frequency
Responsible
Agency or Party
Compliance Verification
Initial Date Comments
parking spaces would be encumbered,
length of time traffic travel lanes can be
encumbered, sidewalk closings or
pedestrian diversions to ensure the
safety of the pedestrian and access to
local businesses.
• Coordinate with adjacent businesses
and emergency service providers to
ensure adequate access exists to the
Project Site and neighboring
businesses.

Mitigation Measure TRA-MM-2: A
Construction Workers Parking Plan
identifying parking locations for
construction workers shall be submitted
to the City prior to the commencement of
construction activities. To the maximum
extent feasible, all worker parking shall
be accommodated on the Project Site.

During phases when construction worker
parking cannot be accommodated on the
Project Site, the Construction Workers
Parking Plan shall identify alternate
parking locations for construction workers
and the method of transportation to and
from the Project Site for approval by the
City 30 days prior to commencement of
construction. The Construction Workers
Parking Plan must include appropriate
Measures to ensure that the parking
location requirements for construction
workers would be strictly enforced.

These include but are not limited to the
following Measures:
• Provide all construction contractors with
written information on where their
workers and their subcontractors are
permitted to park and provide clear
The Project Applicant
and Construction
Contractor shall submit
to the Community
Development
Department a
Construction Workers
Parking Plan and
affidavit attesting to the
compliance with this
Measure, which shall be
reviewed by the
Community Development
Department/Building and
Safety Division and
Public Works
Department/Transportati
on Division. The
Construction Workers
Parking Plan shall be
adhered to.

City review prior
to issuance of
any construction
permit. City
monitoring during
all construction
phases.

City review and
approval once prior
to issuance of
construction
permits. City field
verification
periodically
throughout all
construction
phases.

Project Applicant,
Construction
Contractor,
Community
Development
Department/Building
Safety Division,
Public Works
Department/
Transportation
Division
Mitigation Monitoring and Reporting Program
Cheval Blanc Beverly Hills
Mitigation Monitoring and Reporting Program
City of Beverly Hills
June 2022

Mitigation Measure Action Required
When
Monitoring
to Occur
Monitoring
Frequency
Responsible
Agency or Party
Compliance Verification
Initial Date Comments
consequences to violators for failure to
follow these regulations. This
information would clearly state that no
parking is permitted on residential
streets north of North Santa Monica
Boulevard or in public parking
structures.
• No construction worker parking shall be
permitted within 500 feet of the nearest
point of the Project Site except within
designated areas. The contractor shall
be responsible for informing
subcontractors and construction
workers of this requirement, and if
necessary, for hiring a security guard to
enforce these parking provisions.

Contractor shall be responsible for all
costs associated with enforcement of
this Mitigation Measure.
• In lieu of the above, the Project
developer/construction contractor has
the option of phasing demolition and
construction activities such that all
construction worker parking can be
accommodated on the Project Site
throughout the entire duration of
demolition and construction activities.

Mitigation Measure TRA-MM-3: The
developer for the Project shall coordinate
with the City of Beverly Hills regarding
the following:
• All temporary roadway closures shall
be coordinated to limit overlap of
roadway closures.
• All major deliveries shall be coordinated
to limit the occurrence of simultaneous
deliveries to the Project and other
major construction projects. The
The Project Applicant
and/or Construction
Contractor shall regularly
report future construction
activity to the Community
Development
Department and the
Public Works
Department/Engineering
Division. Reporting
frequency is subject to
City compliance
verification
throughout all
construction
phases.

Periodic throughout
all construction
phases.

Project Applicant,
Construction
Contractor,
Community
Development
Department/Building
Safety Division and
Public Works
Department/
Engineering Division
Mitigation Monitoring and Reporting Program
Cheval Blanc Beverly Hills
Mitigation Monitoring and Reporting Program
City of Beverly Hills
June 2022

Mitigation Measure Action Required
When
Monitoring
to Occur
Monitoring
Frequency
Responsible
Agency or Party
Compliance Verification
Initial Date Comments
Project applicant shall ensure that
deliveries of items such as concrete
and other high-volume items shall be
reported to the City’s major delivery
schedule and reporting shall be
incorporated as a requirement into the
Construction Traffic Management Plan
to ensure that simultaneous deliveries
are avoided when feasible.
• The Project applicant shall coordinate
with the City regarding the loading and
unloading of delivery vehicles. Any
off-site staging areas for delivery
vehicles shall be consolidated and
shared with the other major
construction projects where feasible.
• The Project applicant or their
representative shall meet on a regular
basis during construction with the City
to address any outstanding issues
related to construction traffic, deliveries,
and worker parking.
• If construction on other major projects
in the vicinity is occurring
simultaneously with this Project, the
City can require as part of the
Construction Traffic Management Plan
that the applicant meet with other
applicants and the City to address
construction traffic, deliveries, and
worker parking.
the City’s discretion, in
order to meet the
requirements of this
Mitigation Measure.

Tribal Cultural Resources
Mitigation Measure TCR-MM-1:

Preconstruction Worker Training. At the
Project kickoff and before construction
activities begin, the qualified
archaeologist or their designee shall
provide training to construction personnel
The Project Applicant or
Contractor will provide
the City written
verification (e.g., course
materials, sign in sheets,
etc.) that the Qualified
Verification prior
to the start of
construction
activities.

Additional
verification that
Once prior to start
of construction
activities and as
needed at the
City’s discretion
during construction
Project Applicant,
Construction
Contractor,
Community
Development
Department, Project
Mitigation Monitoring and Reporting Program
Cheval Blanc Beverly Hills
Mitigation Monitoring and Reporting Program
City of Beverly Hills
June 2022

Mitigation Measure Action Required
When
Monitoring
to Occur
Monitoring
Frequency
Responsible
Agency or Party
Compliance Verification
Initial Date Comments
on information regarding regulatory
requirements for the protection of cultural
resources including tribal cultural
resources. As part of this training,
construction personnel will be briefed on
proper procedures to follow should
unanticipated cultural resources
discoveries be made during construction.

Workers will be provided contact
information and protocols to follow in the
event that inadvertent discoveries are
made. If necessary, the qualified
archaeologist can create a training video,
PowerPoint presentation, or printed
literature that can be shown to new
workers and contractors to avoid
continuous training throughout the course
of the Project.

Archaeologist has
provided training to all
construction personnel
prior to the start of
construction.
that construction
workers new to
the Project site
have received
the training.
to ensure workers
new to the Project
Site have received
training. This
Measure shall
apply continuously
throughout all
grading activities.

Qualified
Archeologist
Mitigation Measure TCR-MM-2: Retain
Native American Monitoring. Native
American monitoring shall be retained by
the Applicant or their successor and
conducted by a representative of the
Gabrieleño Band of Mission Indians-Kizh
Nation, hereafter referred to as the
“Monitoring Tribe”. Monitoring shall occur
during all Project-related, initial grounddisturbing construction activities (i.e., grubbing, pavement removal, tree
removal, boring, grading, excavation,
potholing, drilling and trenching etc.).

The tribal monitor shall complete daily
monitoring logs that shall provide
descriptions of the day’s activities,
including construction activities,
locations, soil and any cultural materials
identified. Once excavation is completed
for a portion of the Project Site and
entered into the daily monitoring log, the
The Project Applicant or
Construction Contractor
will verify to the City that
the approved Native
American monitors are
retained and verify that
the monitors are on-site
during ground-disturbing
activities. The Project
Applicant shall provide to
the City that proof that
the procedures and
Measures listed in this
Mitigation Measure have
been implemented and
complied with.

City review and
verification that
monitors have
been retained
prior to start of
construction
activities.

Monitoring Tribe
monitoring shall
occur during
ground-disturbing
activities.

City review and
verification prior to
start of construction
activities.

Monitoring Tribe
monitoring to occur
continuously
throughout grounddisturbing activities.

Project Applicant,
Construction
Contractor,
Community
Development
Department,
Monitoring Tribe,
Mitigation Monitoring and Reporting Program
Cheval Blanc Beverly Hills
Mitigation Monitoring and Reporting Program
City of Beverly Hills
June 2022

Mitigation Measure Action Required
When
Monitoring
to Occur
Monitoring
Frequency
Responsible
Agency or Party
Compliance Verification
Initial Date Comments
monitoring of an area shall be considered
complete. The on-site monitoring shall
end when all ground-disturbing activities
at the Project Site are completed, or
when the representatives of the
Monitoring Tribe has indicated that all
upcoming ground-disturbing activities at
the Project Site have little to no potential
for impacting Tribal Cultural Resources of
their Tribe. Should the Gabrieleño Band
of Mission Indians—Kizh Nation not have
sufficient qualified staff, or not provide
monitoring services at market rates, after
consultation between the Tribe and the
City’s Director of Community
Development, the Applicant may contract
with a different firm to provide a Native
American monitor, subject to approval by
the City of Beverly Hills Director of
Community Development and reasonable
and timely concurrence of the Gabrieleño
Band of Mission Indians-Kizh Nation.

Native American and Archaeological
monitoring during construction projects
will be consistent with current
professional standards. All feasible care
to avoid any unnecessary disturbance,
physical modification, or separation of
Tribal Cultural Resources shall be taken.

Mitigation Measure TCR-MM-3:

Unanticipated Discovery of Tribal Cultural
Resources. In the event a Native
American monitor identifies cultural or
archaeological resources, the monitor
shall be given the authority to temporarily
halt construction in the immediate vicinity
and within 50 feet of the discovery and to
contact the qualified archaeologist to
investigate the find and determine if it is a
The Project Applicant
and Contractor will verify
that archaeological
resources unearthed by
project construction
activities shall be
evaluated by the
Qualified Archaeologist
and Native American
monitor. If resources are
During grounddisturbing
activities in the
event of a find.

Periodically during
ground-disturbing
activities in the
event of a find.

Project Applicant,
Construction
Contractor,
Community
Development
Department, Project
Qualified
Archeologist,
Monitoring Tribe
Mitigation Monitoring and Reporting Program
Cheval Blanc Beverly Hills
Mitigation Monitoring and Reporting Program
City of Beverly Hills
June 2022

Mitigation Measure Action Required
When
Monitoring
to Occur
Monitoring
Frequency
Responsible
Agency or Party
Compliance Verification
Initial Date Comments
Tribal Cultural Resource under CEQA by
the City of Beverly Hills in consultation
with the ancestrally related tribe(s) and
qualified archaeologist. Construction
activities can continue in areas 50 feet
away from the find and not associated
with the cultural resource location. In the
event of a find during ground-disturbing
activities, the Gabrieleño Band of Mission
Indians- Kizh Nation shall be notified by
the City and will retain it/them in the form
and/or manner the Tribe deems
appropriate, for educational, cultural
and/or historic purposes. A Cultural
Resources Monitoring and Mitigation
Plan shall be developed to outline
monitor procedures.
found and exposed, the
Project Applicant shall
immediately inform the
City of the find and
provide proof that the
requirements of this
Mitigation Measure have
been complied with.

Mitigation Measure TCR-MM-4:

Unanticipated Discovery of Human
Remains. In the event that human
remains are encountered at the Project
Site, all work within 100 feet of the burial
must cease, and any necessary steps to
ensure the integrity of the immediate area
shall be taken, including the placement of
an exclusion zone around the discovery
location. The Los Angeles County
Coroner will be immediately notified.

Human remains and grave/burial goods
shall be treated alike per PRC section
5097.98(d)(1) and (2). In ancient as well
as historic times, Tribal Traditions
included, but were not limited to, the
preparation of the soil for burial, the burial
of funerary objects with the deceased,
and the ceremonial burning of human
remains. The prepared soil and
cremation soils are to be treated in the
same manner as bone fragments that
If human remains are
found and/or exposed,
the Project Applicant
and/or Construction
Contractor must ensure
that all work within 100
feet of the burial must
cease, and any
necessary steps to
ensure the integrity of the
immediate area are
taken. The Los Angeles
County Coroner must be
immediately notified. The
Project Applicant shall
document and submit
written proof to the City
that the procedures listed
in this Mitigation
Measure have been
implemented and
complied with.

During all
ground-disturbing
activities in the
event of a find.

Periodically during
ground-disturbing
activities in the
event of a find.

Project Applicant,
Construction
Contractor,
Community
Development
Department, Los
Angeles County
Coroner, Project
Qualified
Archeologist,
Monitoring Tribe
Mitigation Monitoring and Reporting Program
Cheval Blanc Beverly Hills
Mitigation Monitoring and Reporting Program
City of Beverly Hills
June 2022

Mitigation Measure Action Required
When
Monitoring
to Occur
Monitoring
Frequency
Responsible
Agency or Party
Compliance Verification
Initial Date Comments
remain intact. Associated funerary
objects are objects that, as part of the
death rite or ceremony of a culture, are
reasonably believed to have been placed
with individual human remains either at
the time of death or later; other items
made exclusively for burial purposes or to
contain human remains can also be
considered as associated funerary
objects. The Coroner must then
determine whether the remains are
Native American. Should the Coroner
determine the remains are Native
American, the Coroner has 24 hours to
notify the Native American Heritage
Commission (NAHC), who shall in turn,
notify the person they identify as the most
likely descendent (MLD). Further actions
shall be determined in part by the
recommendations of the MLD. The MLD
has 48 hours of being granted access to
the Project Site to complete their
inspection and make recommendations
or express preferences for treatment of
the remains. If the MLD does not make
recommendations within 48 hours, the
owner shall, with appropriate dignity, reinter the remains in an area of the property secure from further disturbance.

Alternatively, if the owner does not
accept the MLD’s recommendations, the
owner or the descendent may request
mediation by the NAHC. Procedures of
conduct following the discovery of human
remains have been mandated by Health
and Safety Code Section 7050.5, PRC
Section 5097.98, and the CEQA
Guidelines Section 15064.5(e) (CEQA).

Mitigation Measure TCR-MM-5: If human remains and/or During ground- Periodically during Project Applicant, Mitigation Monitoring and Reporting Program
Cheval Blanc Beverly Hills
Mitigation Monitoring and Reporting Program
City of Beverly Hills
June 2022

Mitigation Measure Action Required
When
Monitoring
to Occur
Monitoring
Frequency
Responsible
Agency or Party
Compliance Verification
Initial Date Comments
Reburial Treatment Measures. Prior to
the continuation of ground-disturbing
activities where human remains and/or
ceremonial objects have been identified,
the Developer shall arrange a designated
site location within the footprint of the
Project for the respectful reburial of the
human remains and/or ceremonial
objects. Preservation in place (i.e.,
avoidance) is the preferred manner of
treatment. If preservation in place is not
feasible, treatment may include
implementation of archaeological data
recovery excavations to remove the
resource along with subsequent
laboratory processing and analysis. In
the case where discovered human
remains cannot be fully documented and
recovered on the same day, the remains
shall be covered with muslin cloth and a
steel plate that can only be moved by
heavy equipment shall be placed over the
excavation opening to protect the
remains. If this type of steel plate is not
available, a 24-hour guard shall be
posted outside of working hours. If
feasible, the Project shall be diverted to
keep the remains in situ and protected. If
the Project cannot be diverted, it may be
determined that burials will be removed.

The MLD shall work with the qualified
archaeologist to ensure that the
excavation is treated carefully, ethically,
and respectfully. If data recovery is
approved by the MLD, documentation
shall be taken which includes at a
minimum detailed descriptive notes and
sketches. Additional types of
documentation shall be approved by the
MLD for data recovery purposes.
ceremonial object have
been identified, the
Project Applicant must
comply with the
procedures of this
Mitigation Measure. The
Project Applicant shall
document and submit
written proof to the City
that the procedures listed
in this Mitigation
Measure have been
implemented and
complied with.
disturbing
activities in the
event of a find.
ground-disturbing
activities in the
event of a find.

Construction
Contractor,
Community
Development
Department, Project
Qualified
Archeologist,
Monitoring Tribe,
MLD tribal group,
NAHC
Mitigation Monitoring and Reporting Program
Cheval Blanc Beverly Hills
Mitigation Monitoring and Reporting Program
City of Beverly Hills
June 2022

Mitigation Measure Action Required
When
Monitoring
to Occur
Monitoring
Frequency
Responsible
Agency or Party
Compliance Verification
Initial Date Comments
Cremations shall either be removed in
bulk or by means as necessary to ensure
complete recovery of all material. If the
discovery of human remains includes four
or more burials, the location is
considered a cemetery and a separate
treatment plan shall be created. Once
complete, a final report of all activities is
to be submitted to the MLD and NAHC.

The MLD does not authorize any
scientific study or utilization of any
invasive and/or destructive diagnostics
on human remains. Each occurrence of
human remains and associated funerary
objects shall be stored using opaque
cloth bags. All human remains, funerary
objects, sacred objects and objects of
cultural patrimony shall be removed to a
secure container on site if possible.

These items should be retained and
reburied within six months of recovery.

The site of reburial/repatriation shall be,
to the extent feasible, on the Project Site
but at a location agreed upon between
the MLD and the landowner at a site to
be protected in perpetuity. There shall be
no publicity regarding any cultural
materials recovered.

Mitigation Monitoring and Reporting Program
Cheval Blanc Beverly Hills
Mitigation Monitoring and Reporting Program
City of Beverly Hills
June 2022

Project Design Feature Action Required
When
Monitoring
to Occur
Monitoring
Frequency
Responsible
Agency or Party
Compliance Verification
Initial Date Comments
Greenhouse Gas Emissions
Project Design Feature GHG-PDF-1:

The Project shall meet the U.S. Green
Building Council’s (USGBC) Leadership
in Energy and Environmental Design
(LEED) standards for certification of
environmentally sustainable buildings.

The Project shall incorporate LEED
features achieving Gold certification. The
design of the new building will
incorporate the following sustainability
features:
• Use of Energy Star–labeled products
and appliances.
• Use of light-emitting diode (LED)
lighting or other energy-efficient lighting
technologies, such as occupancy
sensors or daylight harvesting and
dimming controls, where appropriate, to
reduce electricity use.
• Water-efficient plantings with droughttolerant species; • Fenestration designed for solar
orientation, including recessed
windows, balconies and overhangs to
shade window glazing, while allowing
reflected and diffuse daylight into the
building to enhance the use of natural
light and reduce the need for artificial
light sources;
• Pedestrian- and bicycle-friendly design
in close proximity to public
transportation and with bicycle parking,
including charging facilities for ebicycles, as well as employee lockers and showers, and provision of transit
passes to hotel and club employees
The Project Applicant
shall submit a LEED
Checklist and design
drawings to the Director
of Community
Development prior to
issuance of grading or
construction permits.

The plans shall be
reviewed by the
Community Development
Department prior to the
issuance of grading
permits.

The City Plan Check
Engineer shall review the
plans to ensure that they
comply with this project
design feature. City
Building Inspectors in the
field shall also review the
work to ensure that it
complies with the
requirements in this
project design feature.

City review and
approval prior to
issuance of
construction
permit and City
monitoring
throughout
building
construction.

City review and
approval once prior
to issuance of
construction permit.

City field
verification
continuously
throughout building
construction until
issuance of a
Certificate of
Occupancy.

Project Applicant,
Construction
Contractor,
Community
Development
Department
Mitigation Monitoring and Reporting Program
Cheval Blanc Beverly Hills
Mitigation Monitoring and Reporting Program
City of Beverly Hills
June 2022

Project Design Feature Action Required
When
Monitoring
to Occur
Monitoring
Frequency
Responsible
Agency or Party
Compliance Verification
Initial Date Comments
who use public transportation to travel
to and from work. Transit passes
would also be provided to hotel guests
on request;
• Landscaping and exterior design
utilizing subterranean parking and
landscaped and shaded non-roof
surfaces, light-colored, low-albedo roof
surfaces to reduce local heat island
effects;
• The reduction of chlorofluorocarbons
(CFCs) from the building systems;
• The selection of materials, such as
adhesives, sealants, paints, and
carpeting, that reduce off-gassing to
improve internal air quality;
• The involvement of during design and
construction of a LEED Accredited
Professional;
• Installation of electric vehicle charging
equipment and bicycle parking spaces,
including charging facilities for ebicycles, as well as employee lockers and showers;
• Solar ready collectors for 15 percent of
the roof area excluding skylight areas
for energy efficiency;
• Track energy usage through advanced
energy metering;
• Recycling of a minimum of 65 percent
of demolition and construction debris;
• The use of stormwater for irrigation for
landscape;
• The use of greywater to offset building
systems use of potable water;
• Reduce the Project’s embodied carbon
Mitigation Monitoring and Reporting Program
Cheval Blanc Beverly Hills
Mitigation Monitoring and Reporting Program
City of Beverly Hills
June 2022

Project Design Feature Action Required
When
Monitoring
to Occur
Monitoring
Frequency
Responsible
Agency or Party
Compliance Verification
Initial Date Comments
through the reduction of petroleumbased insulation products; • Achieve energy savings of 18 percent
over ASHRAE (American Society of
Heating, Refrigerating and AirConditioning Engineers); and • During construction, treat and reuse
any water collected from dewatering
operations.

Noise
Project Design Feature NOI-PDF-1:

Power construction equipment (including
combustion engines), fixed or mobile, will
be equipped with state-of-the-art noise
shielding and muffling devices (consistent
with manufacturers’ standards). All
equipment will be properly maintained to
assure that no additional noise, due to
worn or improperly maintained parts,
would be generated.

The Project Applicant or
Construction Contractor
shall submit
specifications for the
shielding and muffling
devices to be used to the
Community Development
Department for review
and approval. The
Construction Contractor
must implement the
required shielding and
muffling devices during
construction activities.

City review and
verification of
required devices
prior to issuance
of any
construction
permit.

Construction
Contractor
monitoring of
device use
throughout the
construction
period.

City review and
verification prior to
the start of
construction.

Construction
Contractor
monitoring
throughout the
construction period.

Project Applicant,
Construction
Contractor,
Community
Development
Department
Project Design Feature NOI-PDF-2:

Project construction will not include the
use of driven (impact) pile systems.

The Project Applicant
shall submit a
construction plan to the
Director of Community
Development prior to
issuance of grading or
construction permits
showing construction
techniques to be used.

The plan shall be
reviewed by the
Community Development
Department prior to the
City review and
approval prior to
issuance of
construction
permit and City
monitoring
throughout
grading and
excavation.

City review and
approval once prior
to issuance of
construction permit.

City field
verification
continuously
throughout grading
and excavation.

Project Applicant,
Construction
Contractor,
Community
Development
Department
Mitigation Monitoring and Reporting Program
Cheval Blanc Beverly Hills
Mitigation Monitoring and Reporting Program
City of Beverly Hills
June 2022

Project Design Feature Action Required
When
Monitoring
to Occur
Monitoring
Frequency
Responsible
Agency or Party
Compliance Verification
Initial Date Comments
issuance of grading
permits.

The City Plan Check
Engineer shall review the
plan to ensure that it
complies with this project
design feature. City
Building Inspectors in the
field shall also review the
work to ensure that it
complies with this project
design feature.

Project Design Feature NOI-PDF-3:

Outdoor amplified sound systems will be
designed such that the average ambient
noise level at the off-site noise sensitive
receptors (refer to Table 4.8-7) will not
increase by more than 3 dBA.

Specifically, the amplified sound systems
will include controls that will prevent the
volume from exceeding the maximum
noise level of 80 dBA (Leq-1hr) at a
distance of 15 feet from the amplified
sound systems at the Level 7 and Level 8
terraces and 80 dBA (Leq-1hr) at a
distance of 25 feet at Level 6 and
Penthouse pool terraces.

The Project Applicant
shall submit outdoor
amplified sound system
specifications to the
Director of Community
Development prior to
issuance of grading or
construction permits.

The plans shall be
reviewed by the
Community Development
Department prior to the
issuance of grading
permits.

The City Plan Check
Engineer shall review the
plans to ensure that they
comply with this project
design feature. City
Building Inspectors in the
field shall also review the
work to ensure that it
complies with the
requirements in this
project design feature.

City review and
approval prior to
issuance of
construction
permit and City
monitoring during
installation of
outdoor amplified
sound systems.

City review and
approval once prior
to issuance of
construction permit.

City field
verification during
installation of
outdoor amplified
sound systems until
issuance of a
Certificate of
Occupancy.

Project Applicant,
Construction
Contractor,
Community
Development
Department
Mitigation Monitoring and Reporting Program
Cheval Blanc Beverly Hills
Mitigation Monitoring and Reporting Program
City of Beverly Hills
June 2022

Project Design Feature Action Required
When
Monitoring
to Occur
Monitoring
Frequency
Responsible
Agency or Party
Compliance Verification
Initial Date Comments
Project Design Feature NOI-PDF-4: A
6-foot solid (visually transparent)
acoustics barrier will be provided at the
Level 6, Level 7, Level 8 and Penthouse
terraces to acoustically screen the
outdoor spaces from off-site noisesensitive receptors to the north (receptors R1 and R2).

The Project Applicant
shall submit design
drawings to the Director
of Community
Development prior to
issuance of grading or
construction permits.

The plans shall be
reviewed by the
Community Development
Department prior to the
issuance of grading
permits.

The City Plan Check
Engineer shall review the
plans to ensure that they
comply with this project
design feature. City
Building Inspectors in the
field shall also review the
work to ensure that it
complies with the
requirements in this
project design feature.

City review and
approval prior to
issuance of
construction
permit and City
monitoring during
building
construction.

City review and
approval once prior
to issuance of
construction permit.

City field
verification during
building
construction until
issuance of a
Certificate of
Occupancy.

Project Applicant,
Construction
Contractor,
Community
Development
Department
Project Design Feature NOI-PDF-5:

The Project’s building façade will
incorporate sound insulation such that
the interior background noise within the
hotel suites will not exceed 45 dBA CNEL
per the 2019 California Building Code
(Section 1206.04) and within the retail/
commercial space will not exceed 50 dBA
Leq(1-hour) per the 2019 California Green
Code (Section 5.507).

The Project Applicant
shall submit design
drawings to the Director
of Community
Development prior to
issuance of grading or
construction permits.

The plans shall be
reviewed by the
Community Development
Department prior to the
issuance of grading
permits.

The City Plan Check
City review and
approval prior to
issuance of
construction
permit and City
monitoring during
building
construction.

City review and
approval once prior
to issuance of
construction permit.

City field
verification during
building
construction until
issuance of a
Certificate of
Occupancy.

Project Applicant,
Construction
Contractor,
Community
Development
Department
Mitigation Monitoring and Reporting Program
Cheval Blanc Beverly Hills
Mitigation Monitoring and Reporting Program
City of Beverly Hills
June 2022

Project Design Feature Action Required
When
Monitoring
to Occur
Monitoring
Frequency
Responsible
Agency or Party
Compliance Verification
Initial Date Comments
Engineer shall review the
plans to ensure that they
comply with this project
design feature. City
Building Inspectors in the
field shall also review the
work to ensure that it
complies with the
requirements in this
project design feature.

Transportation
Project Design Feature TRA-PDF-1:

The Project proposes an amendment
to the Master Plan of Streets to:
(1) eliminate an existing surface right of
way segment and relocate this segment
in the Project Site area for public alley
purposes; (2) dedicate additional surface
right of way for public sidewalk purposes
along South Santa Monica Boulevard to
widen the sidewalk; and (3) allow the
existing public roadways along North
Rodeo Drive and South Santa Monica
Boulevard to remain in their current
locations.

The Project Applicant
shall submit design
drawings to the Director
of Community
Development prior to
issuance of grading or
construction permits.

The plans shall be
reviewed by the
Community Development
Department prior to the
issuance of grading
permits.

The City Plan Check
Engineer shall review the
plans to ensure that they
comply with this project
design feature. City
Building Inspectors in the
field shall also review the
work to ensure that it
complies with the
requirements in this
project design feature.

City review and
approval prior to
issuance of
construction
permit and City
monitoring during
building
construction.

City review and
approval once prior
to issuance of
construction permit.

City field
verification during
building
construction until
issuance of a
Certificate of
Occupancy.

Project Applicant,
Construction
Contractor,
Community
Development
Department
Project Design Feature TRA-PDF-2:

The Specific Plan requires that free
transit passes be made available to Hotel
The Project Applicant
shall submit proof of
purchase of transit
City review and
approval prior to
issuance of
City review and
approval once prior
to issuance of
Project Applicant,
Community
Development
Mitigation Monitoring and Reporting Program
Cheval Blanc Beverly Hills
Mitigation Monitoring and Reporting Program
City of Beverly Hills
June 2022

Project Design Feature Action Required
When
Monitoring
to Occur
Monitoring
Frequency
Responsible
Agency or Party
Compliance Verification
Initial Date Comments
and Club employees who use transit to
travel to and from the Project Site to
work.
passes and/or plan for
how transit passes will
be made available to
employees to the
Director of Community
Development prior to
issuance of Certificate of
Occupancy.

The proof/plan shall be
reviewed by the
Community Development
Department prior to the
issuance of Certificate of
Occupancy.

Certificate of
Occupancy.

Certificate of
Occupancy.

Department
Attachment 2
Resolution amending General Plan
And Master Plan of Streets
1 DRAFT RESOLUTION NO. 22-R_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BEVERLY HILLS AMENDING THE CITY OF BEVERLY

HILLS GENERAL PLAN AND THE MASTER PLAN OF

STREETS, ALLEYS, AND HIGHWAYS TO ALLOW FOR
COMPREHENSIVE REDEVELOPMENT OF 456 AND 468
NORTH RODEO DRIVE; 449, 451 AND 453 NORTH BEVERLY
DRIVE; AND 461 THROUGH 465 NORTH BEVERLY DRIVE

WITH A LUXURY HOTEL, RESTAURANT AND ANCILLARY

USES, PRIVATE CLUB, AND RETAIL USES AS

CONTEMPLATED IN THE CHEVAL BLANC BEVERLY

HILLS SPECIFIC PLAN
The City Council of the City of Beverly Hills hereby finds, resolves, and determines as follows:

Section 1. 468 N Rodeo Drive LLC, 456 N Rodeo Drive LLC, 461 N Beverly Drive LLC, and 449 N. Beverly Drive, LLC, limited liability companies (the property owners and collectively the “Applicant”), submitted applications for the Cheval Blanc Beverly Hills Specific Plan Project to allow for comprehensive redevelopment of the approximately 1.28-acre Project site including the properties located at 456 and 468 North Rodeo Drive; 449, 451, and 453 North Beverly Drive; and 461 through 456 North Beverly Drive (the “Project”). The Project proposes a luxury hotel, restaurant and ancillary uses, a private club, and retail uses, as well as the relocation of an existing alley and widening of the public sidewalk along South Santa Monica Boulevard.

The Project includes requests for a General Plan amendment; zone text amendment; zone change; specific plan adoption; Master Plan of Streets, Alleys, and Highways amendment; vesting tentative parcel map; encroachment permit; and development agreement for the subject property.

Section 2. The proposed Project, including the above referenced General Plan amendment; Master Plan of Streets, Alleys, and Highways amendment; Specific Plan adoption; 2 zone text and map amendments; vesting tentative parcel map; encroachment permits; and development agreement approval, has been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. (“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.), and the City’s Local CEQA Guidelines. A Final Environmental Impact Report was prepared and the City Council, by separate Resolution No. 22-R-____, certified the Final Environmental Impact Report, made appropriate environmental findings, and adopted a Mitigation Monitoring and Reporting Program for the Project. Resolution No. 22-R-____ is incorporated by reference, and made a part hereof as if fully set forth herein. The documents and other material that constitute the record on which this decision is based are located in the Department of Community Development and are in the custody of the Director of Community Development.

Section 3. The City of Beverly Hills has an adopted General Plan. California Government Code Section 65358 provides the authority for the City Council to amend the City’s General Plan. The City of Beverly Hills Planning Commission held public hearings on October 28, 2021 (to consider the scope of the environmental impact report to be prepared for the Project); February 10, 2022, February 24, 2022, March 24, 2022, and May 26, 2022 to consider the proposed Cheval Blanc Beverly Hills Specific Plan Project, including amendment of the Beverly Hills General Plan, for the purpose of allowing the redevelopment of the Project Site and encouraging and implementing a proposed anchor location, and amendment to the City of Beverly Hills Master Plan of Streets, Alleys, and Highways. Thereafter at a public hearing on June 13, 2022, the Planning Commission adopted Resolution No. 1989 recommending that the City Council approve the proposed General Plan Amendments and Master Plan of Streets, Alleys and Highways Amendments for the proposed Project.
3 Section 4. The City Council considered the Project, including the General Plan Amendments and Master Plan of Streets, Alleys and Highways amendments set forth in this Resolution, at a duly noticed public hearing on September 20, 2022, a continued public hearing on October 11, 2022 (at which time no substantive discussion was held) and a further continued public hearing on November 1, 2022, and concluded deliberations on the proposed Project at that time.

Evidence, both written and oral, was presented during the hearing.

Section 5. Legislative Findings. Due to special circumstances surrounding the properties at the Project Site, the City Council finds that the property is unique in size and location and therefore is appropriate for development of a multi-story luxury hotel building, restaurant and ancillary uses, a private club, and retail uses. The Cheval Blanc Beverly Hills Specific Plan has been prepared for the subject property and creation of the Cheval Blanc Beverly Hills Specific Plan General Plan land use designation and application of that designation to the property is necessary and appropriate for adoption and implementation of the Cheval Blanc Beverly Hills Specific Plan.

Section 6. The City Council hereby amends the Land Use Element of the General Plan, specifically Map 1 (Map LU 1), by designating as “Cheval Blanc Beverly Hills Specific Plan” the area described in Exhibit A, attached hereto and incorporated herein by this reference, also known by the street addresses of 456 and 468 North Rodeo Drive; 449, 451, and 453 North Beverly Drive; and 461 through 465 North Beverly Drive. A detail map identifying the amendment to General Plan Land Use Designations Map, Map LU1, is attached hereto as Exhibit B and incorporated herein by this reference.
4 Section 7. The City Council hereby amends the text of the General Plan Land Use Element Policy 9.4 to directly reference the Project site as being subject to anchor location design criteria and specifically encouraging development oriented toward the intersection of North Rodeo Drive and South Santa Monica Boulevard, to read as follows (amended text underlined):
“LU 9.4 Anchor Location Design Criteria. 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 and be 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.”
Section 8. On October 28, 2021 (to consider the scope of the environmental impact report to be prepared for the Project); February 10, 2022; February 24, 2022; March 24, 2022; and May 26, 2022; the Planning Commission considered, among other things, the alley relocation and sidewalk widening and found that these actions are consistent with the General Plan and on June 13, 2022 adopted Resolution No. 1989 recommending that the City Council approve the alley relocation and sidewalk widening.

Section 9. The City Council held a duly noticed public hearing regarding the Project, including the alley relocation and sidewalk widening, on September 20, 2022, continued the matter to October 11, 2022, and further continued the public hearing on November 1, 2022.

Based on the foregoing, and evidence presented through the hearing process, the City Council hereby finds and determines as follows regarding the alley relocation and sidewalk widening:
5 1. The alley relocation and sidewalk widening further the goals and policies of the City by allowing the City to enhance an important anchor location while providing sufficient access and circulation in and around the existing and future developments. Specifically, the Project would vacate a portion of the existing 20-foot wide alley accessible from South Santa Monica Boulevard and replace it by dedicating a new alley easement accessible from North Beverly Drive, and ranging in width from approximately 20- to 28.9-feet. Additionally, the new alley easement flares out to approximately 37.6-feet in width at the 90 degree turn to provide additional space for vehicles to complete a southbound turn onto the existing alley. This reconfiguration is consistent with General Plan Policy CIR 11.2c, which states:
“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 proposals 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 of 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.”
The alley relocation and sidewalk widening are desirable projects for the City for the reasons outlined above, and a satisfactory alternative to the existing alley and sidewalk width because the relocation of the alley results in wider access and exit areas that can adequately accommodate loading vehicles, and the widening of the sidewalk results in an additional 1.5 to 7 feet of sidewalk width along South Santa Monica Boulevard, enhancing the pedestrian environment.
6 2. The current public alley proposed for relocation as described on Vesting Tentative Parcel Map 82872, attached hereto as Exhibit C and incorporated by reference, is unnecessary for present or prospective public use as it will be relocated as part of Vesting Tentative Parcel Map 82872 and the relocated alley right-of-way will adequately serve the same purposes currently served by the current alley.

3. Upon dedication and improvement of the relocated alley, the relocated alley would be useful for non-motorized transportation, and as such, the current alley is no longer necessary for a non-motorized transportation facility.

Section 10. The City Council hereby orders that the portion of the alley as described and shown on Exhibit C, attached hereto and incorporated by reference, shall be relocated subject to all of the conditions applicable to the Cheval Blanc Beverly Hills Specific Plan and related entitlements.

Section 11. The City Council hereby orders that the sidewalk on the south side of South Santa Monica Boulevard as described and shown on Sheet 53 of Exhibit D, attached hereto and incorporated by reference, shall be and is hereby ordered to be widened subject to all the conditions applicable to the Cheval Blanc Beverly Hills Specific Plan and related entitlements.

Section 12. Sheets 31, 32 and 53 of the City’s Master Plan of Streets, Alleys, and Highways is hereby amended as shown on the maps attached hereto as Exhibit D and incorporated by reference.
7 Section 13. The City Clerk shall certify to the adoption of this Resolution and shall cause this Resolution and her certification to be entered in the Book of Resolutions of the City Council of the City.

Section 14. This Resolution shall take effect at the same time the Ordinance adopting the Development Agreement for the Cheval Blanc Specific Plan Project takes effect.

Adopted:

LILI BOSSE
Mayor of the City of Beverly Hills, California
ATTEST:
(SEAL)

HUMA AHMED
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

LAURENCE S. WIENER GEORGE CHAVEZ
City Attorney City Manager

RYAN GOHLICH, AICP
Director of Community Development
Exhibits:

A. Legal Description
B. Project Amendment to City of Beverly Hills General Plan Land Use Designations Map C. Vesting Tentative Parcel Map No. 82872
D. Amendment to Sheets 30/31 and 53 of the City of Beverly Hills Master Plan of Streets, Alleys, and Highways

EXHIBIT A
Legal Descriptions of 456 and 468 North Rodeo Drive; 449, 451, and 453 North Beverly Drive; and 461 through 465 North Beverly Drive
EXHIBIT “A”

LEGAL DESCRIPTION
449 N. Beverly

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

LOT 21 IN BLOCK 2 OF BEVERLY, IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGE 94 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

COMMONLY KNOWN AS 449 NORTH BEVERLY DRIVE, BEVERLY HILLS, CALIFORNIA, 90210.

APN: 4343-016-019
EXHIBIT “A”

LEGAL DESCRIPTION
461 N. Beverly

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

LOTS 22, 23 AND 24 IN BLOCK 2 OF BEVERLY, IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11 PAGE 94 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPT THAT PORTION OF LOT 24 IN BLOCK 2 OF BEVERLY, IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11 PAGE 94 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 24; THENCE SOUTH 50° 29' 33" WEST, ALONG THE NORTHWESTERLY LINE OF SAID LOT 24, A DISTANCE OF 112.64 FEET; THENCE SOUTH 39° 30' 27" EAST 5.00 FEET; THENCE NORTH 52° 55' 57" EAST 105.17 FEET TO

THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF

10.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 8.84 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 24; THENCE NORTH 39° 31' 30" WEST, ALONG SAID NORTHEASTERLY LINE, 13.47 FEET TO THE POINT OF BEGINNING.

COMMONLY KNOWN AS 461 NORTH BEVERLY DRIVE, BEVERLY HILLS, CALIFORNIA, 90210.

APN: 4343-016-023
EXHIBIT “A”

LEGAL DESCRIPTION
456 N. Rodeo

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

LOT 3 IN BLOCK 2 OF BEVERLY, IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11 PAGE 94 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

COMMONLY KNOWN AS 456 NORTH RODEO DRIVE, BEVERLY HILLS, CALIFORNIA, 90210.

APN: 4343-016-002
EXHIBIT “A”

LEGAL DESCRIPTION
468 N. Rodeo

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

LOTS 1 AND 2 IN BLOCK 2 OF BEVERLY, IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGE 94 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

COMMONLY KNOWN AS 468 NORTH RODEO DRIVE, BEVERLY HILLS, CALIFORNIA, 90210.

APN: 4343-016-001
ALLEY PARCEL 1:

THAT PORTION OF THE SOUTHWESTERLY HALF OF THE ALLEY (20 FEET WIDE), IN BLOCK 2 OF

BEVERLY, IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 11 PAGE 94 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHEASTERLY OF AND ADJACENT TO LOTS 1 AND 2 IN BLOCK 2 OF SAID BEVERLY, THAT WOULD PASS WITH A LEGAL CONVEYANCE OF SAID LOTS.

ALLEY PARCEL 2:

THAT PORTION OF THE SOUTWESTERLY HALF OF THE ALLEY (20 FEET WIDE), IN BLOCK 2 OF

BEVERLY, IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 11 PAGE 94 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHEASTERLY OF AND ADJACENT TO LOT 3 IN BLOCK 2 OF SAID BEVERLY, THAT WOULD PASS WITH A LEGAL CONVEYANCE OF SAID LOT.

ALLEY PARCEL 3:

THAT PORTION OF THE NORTHEASTERLY HALF OF THE ALLEY (20 FEET WIDE), IN BLOCK 2 OF

BEVERLY, IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 11 PAGE 94 OF MAPS, IN THE OFFICE OF THE

COUNTY RECORDER OF SAID COUNTY, LYING SOUTHWESTERLY OF AND ADJACENT TO LOTS 22, 23 AND 24 IN BLOCK 2 OF SAID BEVERLY, THAT WOULD PASS WITH A LEGAL CONVEYANCE OF SAID LOTS.

EXHIBIT B
Project Amendment to City of Beverly Hills General Plan Land Use Designations Map

EXHIBIT C
Vesting Tentative Parcel Map No. 82872

E E E E E E E E E E E E
E E E

E E E E E
E
E E
E
E
E
E E

E E E NGAS NGAS NGAS NGAS NGAS NGAS

E E E E E E E
E E
E
E
E
E E

E E E E E E E E E E E E E

W W W W W W W W W W

W W W W W W W
SD
SD

SD D SS SSW
W
W
W
W
W
W
W
W

W NGAS NGAS NGAS NGAS NGAS NGAS NGAS NGAS NGAS NGAS NGAS NGAS

E NGAS NGAS NGAS

NGAS NGAS

NGAS NGAS NGAS NGAS NGAS NGAS NGAS NGAS NGAS NGAS

S SS SS SS SS SS SS SS SS SS SS SS SS

SS SS SS SS SS ALLEY (PUBLIC STREET)
E
T
T
E
E
S
D
D

E RODEO DRIVE (PUBLIC STREET) BEVERLY DRIVE (PUBLIC STREET)

SOUTH SANTA MONICA

BOULEVARD
(PUBLIC STREET)
20'
10' 10' PROPOSED DRIVEWAY
S50°30'37"W 212.76'
PROPOSED LOT 1
55,608 SF
(1.28 AC±)
42'
23' 19'
42'
12' 30' 30' 10' 20' 30' 10'

EXISTING BUILDING

EXISTING BUILDING

EXISTING BUILDING
5' GUTTER 5' GUTTER2' GUTTER
2' GUTTER 2' GUTTER

PROPOSED

DRIVEWAY

PROPOSED

DRIVEWAY
N50°30'37"E

20.00'

FD SPIKE &
WASHER, L.S.
5411 PER PWFB
1316/1201-1202

FD SPIKE &
WASHER, L.S.
5411 PER PWFB
1316/1201-1202

FD SPIKE &
WASHER, L.S.
5411 PER PWFB
1316/1201-1202

EXISTING DRIVEWAY TO BE REMOVED

AND REPLACED WITH SIDEWALK

EXISTING STREET LIGHT

TO BE RELOCATED
S50°30'16"W

20.00'
N50°30'13"E 152.79' S39°31'23"E 50.00'
N50°30'16"E 152.51' N39°29'55"W 186.58'
∆=50°37'49"
R=10.00'
L=8.84'
CB=S78°15'55"W
C=8.55'
N39°29'23"W
S52°57'01"W 105.17'

5.00' S39°31'43"E 150.08' 17.2' 12.8' 15.2' 20.0'

79.2'
152.5'

41.5' 4.6'
45°
25°
48° 7.8' 28.9'

8.0'

BRIGHTON WAY
(PUBLIC STREET)

SHEET NUMBER
This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.

No. REVISIONS DATE BY
DATE

AS SHOWN

CHECKED BY
SCALE

DESIGNED BY

DRAWN BY

KHA PROJECT
660 SOUTH FIGUEROA STREET, SUITE 2050, LOS ANGELES, CA 90017 PHONE: 213-261-4040
WWW.KIMLEY-HORN.COM

VESTING TENTATIVE
PARCEL MAP NO. 82872
Plotted By:DeLaRosa, Carlo Sheet Set:Kha Layout:Layout1January 24, 2022 01:24:48pm\\ldtfp01\CA_LDT\LDT_LDEV\099477002-Cheval_Blanc_Hotel\CAD\PlanSheets\VTTM.dwg © 2022 KIMLEY-HORN AND ASSOCIATES, INC.

CITY OF BEVERLY HILLS CA
1 099477002
01/20/2022
MC
CY
TW

EXISTING PROPERTY LINE

PROPOSED SUBDIVISION BOUNDARY

RIGHT-OF-WAY LINE

CENTER LINE

EXISTING LOT LINE

PROPOSED EASEMENT

PROPOSED SURFACE BUILDING LIMITS

PROPOSED UNDERGROUND BUILDING LIMITS
LEGEND

AT LEAST TWO DAYS

BEFORE YOU DIG

DIAL TOLL FREE
811

UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNIA
® Know what's below.

Call before you dig.

NORTH

THE LAND REFERRED TO HEREIN BELOW IS SITUATED I THE CITY OF BEVERLY

HILLS, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

LOTS 1 THROUGH 3, 21 THROUGH 24, AND PARCELS 1 AND 2 IN BLOCK 2, INCLUSIVE, AS PER MAPS RECORDED IN BOOK 11 PAGE 94 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY .

ELEVATIONS SHOWN HEREON ARE BASED UPON CITY OF BEVERLY HILLS BENCHMARK NO. 344, ELEVATION 265.27 FEET (NAVD 88).

DESCRIPTION:

S. SANTA MONICA BLVD. @ RODEO DR. (SE CORNER); BRASS PLUG (STAMPED 344N) IN S. SANTA MONICA BLVD. CURB, CENTER OF 8' WIDE CATCH BASIN

THE BEARINGS SHOWN HEREON ARE BASED UPON THE CENTER LINE OF SANTA MONICA BOULEVARD, BEING N50°30'37"E PER CORNER RECORD, PWFB 1316-1201 PAGE 2 OF CORNER RECORD, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY.

TOPOGRAPHY AND GROUND CONTROL BASED ON TOPOGRAPHIC SURVEY PREPARED BY CALVADA SURVEYING, INC. ON SEPTEMBER 12, 2019.

DATE OF FIELD SURVEY IS AUGUST 22, 24, AND 29, 2019.

OWNER/DEVELOPER
449 N. BEVERLY DRIVE, LLC
461 N. BEVERLY DRIVE, LLC
469 N. BEVERLY DRIVE, LLC
468 N. RODEO DRIVE, LLC
456 N. RODEO DRIVE, LLC

SURVEYOR
ARMANDO D. DUPONT, PLS 7780
CALVADA SURVEYING, INC.
411 JENKS CIR., SUITE 205
CORONA, CA 92880
(951) 280-9960
(951) 280-9746 FAX
[email protected]

CIVIL ENGINEER
TONY WONG, RCE 22551
KIMLEY-HORN AND ASSOCIATES, INC.
660 S. FIGUEROA ST., SUITE 2050
LOS ANGELES, CA 90017
(213) 261-4040
[email protected]

GEOTECHNICAL CONSULTANT
JOSHUA R. FEFFER

FEFFER GEOLOGICAL CONSULTING
1990 S. BUNDY DR., SUITE 400
LOS ANGELES, CA 90025
(310)207-5048
[email protected]

LEGAL DESCRIPTION

SOURCE OF TOPOGRAPHY

BENCHMARK

BASIS OF BEARINGS
SITE

WHILSHIRE BOULEVARD

BEVERLY DRIVE

BRINGTON WAY

SANTA MONICA BOULEVARD
DRIVE
ALLEY
RODEO

CRESCENT DRIVE
NORTH

VICINITY MAP
SCALE: NTS
THOMAS GUIDE REF# 632-F1
VESTING TENTATIVE PARCEL MAP NO. 82872

IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA

FOR ALLEY RELOCATION AND LOT CONSOLIDATION PURPOSES
EASEMENT FOR ALLEY PER MAP RECORDED IN BOOK 11 PAGE 94 OF MAPS

EXISTING EASEMENT

1. SITE ADDRESS: 468 AND 456 N. RODEO DRIVE; 449 (INCLUSIVE OF 451 AND 453) AND 465 N. BEVERLY DRIVE,
BEVERLY HILLS, CA 90210

2. APN: 4343-016-001, 4343-016-002,
4343-016-019, & 4343-016-023

3. GROSS SITE AREA: 55,608 SF/1.28 ACRES

APPROXIMATE
ALLEY MERGER AREA: 3,001 SF/0.07 ACRES
TOTAL SITE AREA: 52,607 SF/1.21 ACRES

4. ZONING CLASSIFICATION: C-3(COMMERCIAL ZONE)

5. EXISTING USE: COMMERCIAL

6. PROPOSED USE: HOTEL

7. PROJECT DESCRIPTION: A VESTING TENTATIVE PARCEL MAP FOR THE PURPOSE OF CREATING A 1 LOT SUBDIVISION. THE GROUND LOT WILL CONTAIN ONE (1) HOTEL/COMMERCIAL BUILDING UNIT WITH
SUBTERRANEAN PARKING.

8. THIS PROPERTY LIES WITHIN FLOOD ZONE "X" (AREA DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN) AS SHOWN ON FIRM MAP COMMUNITY PANEL NUMBER 06037C1585F, PANEL DATED 9/26/2008.

9. EXISTING UTILITIES WITHIN THE ALLEY THAT IS TO BE MERGED WILL BE REMOVED.

10. EXISTING 8" SANITARY SEWER LOCATED WITHIN ALLEY TO BE RELOCATED SHALL BE REMOVED OR RELOCATED.

11. ALL EXISTING SITE IMPROVEMENTS TO BE REMOVED.

12. PROPOSED STRUCTURES SHOWN HEREON ARE APPROXIMATE.

13. ALL EXISTING TREES ARE TO BE REMOVED AND REPLACED.

ENGINEER'S NOTES
SCALE: 1"=20' @ 24" x 36"

ELECTRIC MANHOLE

ELECTRIC OUTLET

CENTER LINE

FLAG POST

FOUND MONUMENT AS NOTED
GATE

FIRE HYDRANT

GAS VALVE

GROUND LIGHT

IRRIGATION CONTROL VALVE

HANDICAP
LADDER

GUARD POST

SEWER MANHOLE PROPERTY LINE

TELECOM MANHOLE

STORM DRAIN MANHOLE

TRAFFIC LIGHT

WATER VALVE

STREET LIGHT

TREE (TYPICAL)

PALM TREE

ELECTRIC METER

FINISH SURFACE
INVERT

TOP OF CURB

TOP OF STRUCTURE

TOP OF WALL
CABLE T.V. VAULT

CATCH BASIN

DRAIN INLET

FINISH FLOOR

GAS METER

GROUND VENT

HANDICAP RAMP

TELCO PULL BOX

RIGHT OF WAY

WATER METER

FLOW LINE
EM
FS
INV
TC
TOP
TW
CATV
CB
DI
FF
GM
GV
HCR
TPB
WM
FL

STAIRS SHOWING DOWNWARD DIRECTION

NG NATURAL GROUND
R/W

TRUNCATED DOME
E
S
T

FLOW DIRECTION

CD CURB DRAIN

ALLEY AREA TO BE RELOCATED PER FINAL MAP
(3,001 SQ. FT./0.07 ACRES)

PROPOSED ALLEY TO BE RELOCATED
PREPARED UNDER THE SUPERVISION OF:

TONY WONG RCE#22551 DATE
D
OF 1
EASEMENT FOR STREET PER MAP RECORDED IN BOOK 11 PAGE 94 OF MAPS

PROPOSED STREET TREE

PUBLIC ROW SIDEWALK EASEMENT TO BE DEDICATED PER FINAL
MAP (754 SQ. FT./0.02 ACRES)

PROPOSED EASEMENT

ALLEY ROW EASEMENT TO BE EXCHANGED AND / OR RELOCATED

PER THE FINAL MAP
(3,498 SQ. FT./0.08 ACRES)

EXHIBIT D
Amendment to Sheets 30/31 and 53 of the City of Beverly Hills Master Plan of Streets, Alleys, and Highways

EXISTING ALLEY
(PUBLIC STREET) SANTA MONICA BOULEVARD EXISTING BUILDING EXISTING BUILDING 30'
10' 20' 1.5' 30'
40'
10' PROP. PUBLIC SIDEWALK EASEMENT EXIST ROW EXIST. ROW PROP. PUBLIC SIDEWALK EASEMENT 5' 8 4' 12' 30' 30' 8 4' 12' 12' 30' 30' 12' 23' 19' 9 2' 23' 12' 30' 38' 12' ±6' 12' 7 7' R = 18' PROP. ROW
30'
40'
30'
40'
10'
5 0'
6 0' R = 12' FUTURE ALLEY (PUBLIC STREET)
9' 3' R = 13' R = 13' R = 25' R = 25' STREET MASTER PLAN NORTH RODEO DRIVE BEVERLY DRIVE 660 S. FIGUEROA ST, SUITE 2050, LOS ANGELES, CA 90017 PHONE: 213-261-4040 © 2022 KIMLEY-HORN AND ASSOCIATES, INC. 04/22/2022 REPLACES A PORTION OF SHEET 53 Attachment 3
Ordinance adopting Zone Text
And Map Amendments
1 DRAFT ORDINANCE NO. _____

AN ORDINANCE OF THE CITY OF BEVERLY HILLS
ADDING ARTICLE 16.6 TO CHAPTER 3 OF TITLE 10 TO THE

CITY OF BEVERLY HILLS MUNICIPAL CODE AND

APPLYING THE CHEVAL BLANC BEVERLY HILLS

SPECIFIC PLAN ZONING TO THE PROPERTIES LOCATED
AT 456 AND 468 NORTH RODEO DRIVE; 449, 451 AND 453
NORTH BEVERLY DRIVE; AND 461 THROUGH 465 NORTH

BEVERLY DRIVE

THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY
ORDAINS AS FOLLOWS:

Section 1. 468 N Rodeo Drive LLC, 456 N Rodeo Drive LLC, 461 N Beverly Drive LLC, and 449 N. Beverly Drive, LLC, limited liability companies (the property owners and collectively the “Applicant”), submitted applications for the Cheval Blanc Beverly Hills Specific Plan Project to allow for comprehensive redevelopment of the approximately 1.28-acre project site including the properties located at 456 and 468 North Rodeo Drive; 449, 451, and 453 North Beverly Drive; and 461 through 456 North Beverly Drive (as described in the legal description attached hereto as Exhibit A and incorporated herein by reference) (the “Project”).

The Project proposes a luxury hotel, restaurant and ancillary uses, a private club, and retail uses, and includes requests for a General Plan amendment; zone text amendment; zone change; specific plan adoption; Master Plan of Streets, Alleys, and Highways amendment; vesting tentative parcel map; encroachment permits; and development agreement for the subject property.

Section 2. Legislative Findings. Due to special circumstances surrounding the properties at the Project Site, the City Council finds that the property is unique in size and location and therefore is appropriate for development of a multi-story luxury hotel building, 2 restaurant and ancillary uses, a private club, and retail uses. The Cheval Blanc Beverly Hills Specific Plan has been prepared for the subject property and creation of the Cheval Blanc Beverly Hills Specific Plan zoning designation and application of that zoning designation to the property is necessary and appropriate for adoption and implementation of the Cheval Blanc Beverly Hills Specific Plan.

Section 3. The Planning Commission considered the zone text amendment and zone change (the “Zoning Amendments”) set forth in this Ordinance at duly noticed public hearings on October 28, 2021 (to consider the scope of the environmental impact report to be prepared for the Project); February 10, 2022; February 24, 2022; March 24, 2022; and May 26, 2022. Evidence, both written and oral, was presented during the hearings. After considering the evidence, the Planning Commission found that the public interest, health, safety, morals, peace, comfort, convenience, or general welfare requires the reclassification of the property and, on June 13, 2022, adopted Resolution No.1989 recommending that the City Council adopt an Ordinance amending the zoning map and text for the Project.

Section 4. The City Council considered this Ordinance a duly noticed public hearing on September 20, 2022, a continued public hearing on October 11, 2022 (at which time no substantive discussion was held), and a further continued public hearing on November 1, 2022. Evidence, both written and oral, was presented during the hearings.

Section 5. The Project, including the Zoning Amendments set forth in this Ordinance, has been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. (“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.), and the 3 City’s Local CEQA Guidelines. An Environmental Impact Report was prepared and the City Council, by separate Resolution No. 22-R- ____, certified the Final Environmental Impact Report, made appropriate environmental findings, and adopted a Mitigation Monitoring and Reporting Program for the Project. Resolution No. 22-R-____ is incorporated by reference, and made a part hereof as if fully set forth herein. The documents and other material that constitute the record on which this decision is based are located in the Department of Community Development and are in the custody of the Director of Community Development.

Section 6. The Zoning Amendments are consistent with the objectives, principles, and standards of the General Plan. The Zoning Amendments include changes to the zoning code text and zoning map consistent with the amendments in the General Plan Land Use Designation Map of the Land Use Element of the General Plan adopted pursuant to Resolution No. ______, to ensure that the zoning is consistent with the proposed Cheval Blanc Beverly Hills Specific Plan General Plan land use designation. Furthermore, the Zoning Amendments are consistent with the objectives, principles, and standards of the General Plan as a part of the Project for the reasons set forth in the General Plan Consistency Analysis attached as Exhibit C, Section

2.4 of the Cheval Blanc Beverly Hills Specific Plan and Table 4.7-1 of the Final Environmental Impact Report, which are hereby incorporated by reference and made a part hereof as if fully set forth herein.

Section 7. The City Council hereby amends the Beverly Hills Municipal Code to add a new Article 16.6 regarding the Cheval Blanc Beverly Hills Specific Plan to Chapter 3 of Title 10 of the Beverly Hills Municipal Code to read as follows:
4 “Article 16.6. Cheval Blanc Beverly Hills Specific Plan. 10-3-1661. Uses Permitted.

No lot, premises, roadway, open space, building or portion thereof within the area of the Cheval Blanc Beverly Hills Specific Plan shall be erected, constructed, built, altered, enlarged, built upon, used or occupied except as authorized by and in conformance with the Cheval Blanc Beverly Hills Specific Plan.
10-3-1662. Development Restrictions.

Notwithstanding any other provisions of this chapter of this title, development in accordance with the Cheval Blanc Beverly Hills Specific Plan shall not be governed by any other regulations of this chapter of this title governing development, including, without limitation, those regulations governing development in commercial zones, unless otherwise provided in the Cheval Blanc Beverly Hills Specific Plan.
10-3-1663. Conditions Ensuring Implementation of Cheval Blanc Beverly Hills Specific Plan.

All development within the Cheval Blanc Beverly Hills Specific Plan shall be reviewed for compliance with the Cheval Blanc Beverly Hills Specific Plan.” Section 8. The City Council hereby changes the zoning on that certain property commonly known as 456 and 468 North Rodeo Drive; 449, 451, and 453 North Beverly Drive; and 461 through 456 North Beverly Drive as shown in the attached Exhibit A, to the zoning designation of “Cheval Blanc Beverly Hills Specific Plan.” Section 9. Publication. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage in accordance with Section 36933 of the Government 5 Code, shall certify to the adoption of this Ordinance and shall cause this Ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City.

Section 10. Effective Date. This Ordinance shall go into effect and be in full force and effect when the Ordinance adopting the Development Agreement for the Cheval Blanc Beverly Hills Specific Plan Project takes effect, but no earlier than 12:01 a.m. on the thirty-first (31st) day after its passage.

Adopted:

Effective:

LILI BOSSE
Mayor of the City of Beverly Hills, California
ATTEST:
(SEAL)

HUMA AHMED
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

LAURENCE S. WIENER GEORGE CHAVEZ
City Attorney City Manager

RYAN GOHLICH, AICP
Director of Community Development
Exhibits:

A. Legal Description
B. City of Beverly Hills Zoning Map: Cheval Blanc Beverly Hills Specific Plan Designation C. General Plan Consistency Analysis
Exhibit A
Legal Descriptions of 456 and 468 North Rodeo Drive; 449, 451, and 453 North Beverly Drive; and 461 through 465 North Beverly Drive
EXHIBIT “A”

LEGAL DESCRIPTION
449 N. Beverly

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

LOT 21 IN BLOCK 2 OF BEVERLY, IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGE 94 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

COMMONLY KNOWN AS 449 NORTH BEVERLY DRIVE, BEVERLY HILLS, CALIFORNIA, 90210.

APN: 4343-016-019
EXHIBIT “A”

LEGAL DESCRIPTION
461 N. Beverly

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

LOTS 22, 23 AND 24 IN BLOCK 2 OF BEVERLY, IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11 PAGE 94 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPT THAT PORTION OF LOT 24 IN BLOCK 2 OF BEVERLY, IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11 PAGE 94 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 24; THENCE SOUTH 50° 29' 33" WEST, ALONG THE NORTHWESTERLY LINE OF SAID LOT 24, A DISTANCE OF 112.64 FEET; THENCE SOUTH 39° 30' 27" EAST 5.00 FEET; THENCE NORTH 52° 55' 57" EAST 105.17 FEET TO

THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF

10.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 8.84 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 24; THENCE NORTH 39° 31' 30" WEST, ALONG SAID NORTHEASTERLY LINE, 13.47 FEET TO THE POINT OF BEGINNING.

COMMONLY KNOWN AS 461 NORTH BEVERLY DRIVE, BEVERLY HILLS, CALIFORNIA, 90210.

APN: 4343-016-023
EXHIBIT “A”

LEGAL DESCRIPTION
456 N. Rodeo

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

LOT 3 IN BLOCK 2 OF BEVERLY, IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11 PAGE 94 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

COMMONLY KNOWN AS 456 NORTH RODEO DRIVE, BEVERLY HILLS, CALIFORNIA, 90210.

APN: 4343-016-002
EXHIBIT “A”

LEGAL DESCRIPTION
468 N. Rodeo

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

LOTS 1 AND 2 IN BLOCK 2 OF BEVERLY, IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGE 94 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

COMMONLY KNOWN AS 468 NORTH RODEO DRIVE, BEVERLY HILLS, CALIFORNIA, 90210.

APN: 4343-016-001
ALLEY PARCEL 1:

THAT PORTION OF THE SOUTHWESTERLY HALF OF THE ALLEY (20 FEET WIDE), IN BLOCK 2 OF

BEVERLY, IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 11 PAGE 94 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHEASTERLY OF AND ADJACENT TO LOTS 1 AND 2 IN BLOCK 2 OF SAID BEVERLY, THAT WOULD PASS WITH A LEGAL CONVEYANCE OF SAID LOTS.

ALLEY PARCEL 2:

THAT PORTION OF THE SOUTWESTERLY HALF OF THE ALLEY (20 FEET WIDE), IN BLOCK 2 OF

BEVERLY, IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 11 PAGE 94 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHEASTERLY OF AND ADJACENT TO LOT 3 IN BLOCK 2 OF SAID BEVERLY, THAT WOULD PASS WITH A LEGAL CONVEYANCE OF SAID LOT.

ALLEY PARCEL 3:

THAT PORTION OF THE NORTHEASTERLY HALF OF THE ALLEY (20 FEET WIDE), IN BLOCK 2 OF

BEVERLY, IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 11 PAGE 94 OF MAPS, IN THE OFFICE OF THE

COUNTY RECORDER OF SAID COUNTY, LYING SOUTHWESTERLY OF AND ADJACENT TO LOTS 22, 23 AND 24 IN BLOCK 2 OF SAID BEVERLY, THAT WOULD PASS WITH A LEGAL CONVEYANCE OF SAID LOTS.

Exhibit B
City of Beverly Hills Zoning Map: Cheval Blanc Beverly Hills Specific Plan Designation

EXHIBIT C

GENERAL PLAN CONSISTENCY ANALYSIS
1 General Plan Consistency Analysis
The Cheval Blanc Beverly Hills Specific Plan Project proposes comprehensive redevelopment of the approximately 1.28-acre Project site and includes the properties addressed 456 and 468 North Rodeo Drive; 449, 451 and 453 North Beverly Drive; and 461 through 465 North Beverly Drive. The proposed Specific Plan could include up to 220,950 SF in floor area and up to 115 hotel guest rooms in a single multiple use building that includes a hotel with private dining areas and other appurtenant uses, restaurants open to the public, a private club, and retail uses. A portion of the existing public alley bisecting the Project Site would be relocated to the southern portion of the Project Site. The proposed Specific Plan identifies a total floor area ratio (FAR) maximum of 4.2:1 and an above ground maximum of

3.91:1. The submitted Conceptual Plan includes 212,034 SF of floor area and 109 hotel rooms. The total FAR calculation for the submitted conceptual plan is 4.03:1, with an above ground FAR of 3.75:1.

The City of Beverly Hills City Council finds the requested General Plan Amendment, Specific Plan, Zone Text Amendment, Zoning Map Amendment, Master Plan of Streets, Alleys, and Highways Amendment, Vesting Tentative Parcel Map, and Encroachment Permits consistent with the City of Beverly Hills General Plan based upon the analysis provided below, the General Plan consistency analysis provided in Table 4.7- 1 of the Cheval Blanc Beverly Hills Specific Plan Project Final Environmental Impact Report (SCH document # 2020110223), and the ‘Relationship to the General Plan’ discussion contained in Section 2.4 of the Cheval Blanc Beverly Hills Specific Plan, both of which are incorporated herein by reference.

GOALS AND POLICIES:
• 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 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.

The project exhibits a high level of excellence in site planning and unique architecture that is responsive and complementary to its Business Triangle location. The Project’s varied building heights and massing respond to directly adjacent existing physical development surrounding the Project site. Retail frontages and lower building heights are located on the Rodeo Drive portion of the building. Taller portions of the building are located on Beverly Drive with a height consistent with the existing commercial structure directly to the east. The building incorporates façade modulation and articulation on all elevations including varied window sizing to provide visual interest. The Project incorporates features such as a widened sidewalk and a pedestrian plaza with art to improve the streetscape and promote pedestrian activity along the Project’s three street frontages.
2 • 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.

The retail component of the Project is designed as a continuation of the Rodeo Drive pedestrian oriented commercial corridor and the ground floor publicly accessible restaurant interfaces with the street at the corner of Beverly Drive and South Santa Monica Boulevard. The street facing orientation of both the retail spaces and ground floor restaurant are complementary to the established pedestrian oriented retail environment that exists within the Business Triangle and is attractive to local and regional visitors. The high quality hotel and appurtenant amenities, including spa use, are hospitality uses centrally located in the City that will provide a quality experience for national and international tourists.
• LU 9.3 Anchor Locations. It is also recommended that certain anchor locations be set aside to permit development of a higher intensity type of development which is not otherwise provided in the community. These areas should be located so as to be accessible from the City’s major shopping areas and close to the City’s major streets. These anchor locations should include those large parcels that are located at the gateways to the City, such as the site at 9850, 9876, 9900, and 9988 Wilshire Boulevard where additional building height is appropriate. A variety of land uses such as commercial, hotel, residential, and mixed use should be considered for the gateway locations. A change of use from commercial to residential, hotel or mixed use should be allowed only if such change provides an adequate transition to adjacent single family neighborhoods. • LU 9.4 Anchor Location Design Criteria (as revised). 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.

Consistent with these two anchor location General Plan Land Use Element policies, the Project is a unified multiple use (hotel, retail, and club uses) building with a higher intensity of development (both density and height) at an anchor location (the northern end of the City’s luxury retail shopping street within the City’s Business Triangle). The hotel/retail/club Project would demark the entry to the northern end of the Rodeo Drive luxury retail corridor and would mirror existing anchor development at the southern end of Rodeo Drive: the existing taller hotel (Beverly Wilshire Hotel) and adjacent unified retail development (Two Rodeo). The Project incorporates measures to encourage pedestrian circulation in the Business Triangle, including a widened sidewalk on South Santa Monica Boulevard, uniform landscaping and enhanced sidewalk paving material in the public right-of-way surrounding the Project, and a publicly accessible pedestrian plaza at the corner of Rodeo Drive and South Santa Monica Boulevard.

• 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 street-facing 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.

Both the 150 linear feet of Rodeo Drive retail frontage and approximately 200 linear feet of South Santa Monica Boulevard and Beverly Drive ground floor restaurant frontage are consistent with 3 the specific characteristics listed in General Plan Land Use Policy LU 11.3. Both the retail and ground floor restaurant spaces are designed to: a) maintain the commercial streetwall that exists in the City’s Business Triangle; b) provide ample pedestrian level fenestration between the commercial spaces and public sidewalk and have direct pedestrian entrances from Rodeo Drive and Beverly Drive respectively; c) include upper story articulation along all street-facing sides of the building and provide a 20’ by 35’ building inset on Rodeo Drive for a publicly accessible pedestrian plaza; d) provide the plaza at the corner of Rodeo Drive and South Santa Monica Boulevard as a public space and include large building openings on South Santa Monica Boulevard and Beverly Drive to provide connection between the interior dining areas of the ground floor restaurant with the adjacent public sidewalks; and e) include distinct ground level retail spaces with retail signage consistent with the pedestrian oriented retail signage pattern found within the Business Triangle.
• LU 11.5 Retail Streetscapes. Maintain and, where deficient, improve street trees, plantings, furniture, signage, public art, and other amenities that promote pedestrian activity. • 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.

The Project includes improvements to beautify the public right-of-way that surrounds the Project site and thus promote pedestrian activity and create a safer and more comfortable pedestrian environment that is integrated into the City’s walkable Business Triangle. These improvements include: a) replacement street trees around the new building that are planted at a spacing consistent with the current street tree configuration located in the immediate vicinity and are tree species consistent with those planted within the Business Triangle; b) additional 3’ wide landscaped areas in the public right-of-way that will be maintained by the Project operator; and c) widened sidewalks on South Santa Monica Boulevard as well as a publicly accessible pedestrian plaza that will include art.
• 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.

The Project’s new building is required to meet the City of Beverly Hills Green Building Code and CALGreen as well as be designed to meet a minimum rating of ‘Gold’ under the Leadership in Energy and Environmental Design (LEED) Green Building Rating System. LEED-consistent features are identified in Section 4.9 of the Project’s Specific Plan and require the Project to be designed in a manner to reduce energy, water and natural resource consumption when compared with standard construction techniques, as well as require minimizing construction waste, and reduce the use of toxic 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 ClassA offices, high end retail and fashion, restaurant, hotel, technology, and supporting uses. • ES 1.4 Retain Existing Industries. Consistent with future economic sustainability plans, encourage existing industries such as luxury retail, tourism, hoteling, finance, entertainment and media businesses and services to remain and expand within the City. 4 The luxury retail businesses located on Rodeo Drive are closely identified with commercial identity of the City of Beverly Hills. The Project is an anchor development at the north end of Rodeo Drive that includes luxury retail and high end hotel uses. This development expands both luxury retail and luxury hotel offerings located in the City and builds upon the City’s identity as an international destination for high end retail, hotels, and services.
• 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.
• 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.

The Project is a new development that includes a publicly accessible plaza directly accessible from the sidewalks surrounding the building. The plaza will provide an additional public space along Rodeo Drive that will add interest to the pedestrian environment on this highly visited street. • 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 alternative modes of travel, based on the site’s proximity to transit.

A parking demand analysis that quantified the shared parking opportunities of the multiple use Project was completed. The parking requirements of the Specific Plan will ensure that the number of parking spaces provided by the Project is adequate to meet parking needs for the included uses, including any additional parking needs for special events at the Project site. In addition, a portion of the parking for the retail component of the Project is provided offsite through participation in the in lieu parking program. Thus this portion of the retail parking is provided through the use of public parking structures that are shared with other uses located within the City’s Business Triangle. The Specific Plan also requires that TDM measures, such as providing transit passes to employees and guests and on-site bicycle facilities, are incorporated. The Project is located in close proximity to existing (North Santa Monica Boulevard rapid bus line) and future (Wilshire Boulevard Westside subway extension) transit.
• 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.

The Specific Plan requires the Project to include secure bicycle parking spaces within the building, at-grade bicycle parking spaces for short-term visitors, and provide charging facilities for ebicycles. The Project includes lockers and showers for use by employees who commute by bicycle. • CIR 11.2c (portion of Role of Alleys). 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 5 arrangement of structures or possible consideration of the space above or below the alley for parking purposes.

The Project is an anchor development located at the north end of the City’s Business Triangle that spans four existing parcels between Rodeo Drive and Beverly Drive. The relocation of the alley is required in order to consolidate the site and allow the unified development of a single building across an entire block. The alley relocation thus helps facilitate a project that serves the City’s objective of a high quality multiple use anchor commercial development at a key location within the City’s Business Triangle.

Attachment 4
Resolution adopting
Cheval Blanc Beverly Hills Specific Plan
RESOLUTION NO. 22-R-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BEVERLY HILLS ADOPTING THE CHEVAL BLANC

BEVERLY HILLS SPECIFIC PLAN TO ALLOW A LUXURY

HOTEL, RESTAURANTS AND APPURTENANT USES, A

PRIVATE CLUB, RETAIL USES AND IMPROVEMENTS
LOCATED IN THE PUBLIC RIGHT-OF-WAY AT 456 AND 468
NORTH RODEO DRIVE; 449, 451, AND 453 NORTH BEVERLY
DRIVE; AND 461 THROUGH 465 NORTH BEVERLY DRIVE
The City Council of the City of Beverly Hills hereby finds, resolves, and determines as follows:

Section 1. 468 N Rodeo Drive LLC, 456 N Rodeo Drive LLC, 461 N Beverly Drive LLC, and 449 N. Beverly Drive, LLC, limited liability companies (the property owners and collectively the “Applicant”), submitted applications for the Cheval Blanc Beverly Hills Specific Plan Project to allow for comprehensive redevelopment of the approximately 1.28-acre project site including the properties located at 456 and 468 North Rodeo Drive; 449, 451, and 453 North Beverly Drive; and 461 through 456 North Beverly Drive (as described in the legal description attached hereto as Exhibit A and incorporated herein by reference) (the “Project”). The Project proposes a luxury hotel, restaurant and ancillary uses, a private club, and retail uses, as more fully described in the Cheval Blanc Beverly Hills Specific Plan (“Specific Plan”), and includes requests for a General Plan amendment; zone text amendment; zone change; specific plan adoption; Master Plan of Streets, Alleys, and Highways amendment; vesting tentative parcel map; encroachment permits; and development agreement for the subject property.

Section 2. The Project proposed for the Project Site, including the above referenced Specific Plan adoption and encroachments, has been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, 2 et seq. (“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.), and the City’s Local CEQA Guidelines. A Final Environmental Impact Report was prepared and the City Council, by separate Resolution No. ____, certified the Final Environmental Impact Report, made appropriate environmental findings, and adopted a Mitigation Monitoring and Reporting Program for the Project. Resolution No. ____ is incorporated by reference, and made a part hereof as if fully set forth herein.

Section 3. The Planning Commission conducted duly noticed public hearings on October 28, 2021 (to consider the scope of the environmental impact report to be prepared for the Project); February 10, 2022; February 24, 2022; March 24, 2022; and May 26, 2022; at which times it received oral and documentary evidence relative to the proposed Project. Thereafter, on June 13, 2022, the Planning Commission concluded deliberations and adopted Resolution No. 1989 recommending City Council approval of General Plan and Master Plan of Streets, Highways and Alleys amendments, zone text and zoning map amendments; Resolution No. 1990 recommending the City Council adopt the Cheval Blanc Beverly Hills Specific Plan and approve encroachment permits for improvements located in the public right-of-way; and Resolution No. 1991 conditionally approving vesting tentative parcel map No. 82872.

Section 4. On September 20, 2022, the City Council conducted a duly noticed public hearing to consider the Project and the appeal of the Planning Commission’s decision regarding vesting tentative parcel map No. 82872, at which time it received oral and documentary evidence relative to the proposed Project. The City Council continued the public hearing to October 11, 2022 (at which no substantive discussion was held) and further continued the public hearing to November 1, 2022. The City Council considered the Project, including the Development 3 Agreement, at a continued public hearing on November 1, 2022, and concluded deliberations on the proposed Project at that time.

Section 5. The City Council finds that the Specific Plan, attached as Exhibit B, including the encroachments identified in the Specific Plan for: a) Project parking spaces to extend under the public sidewalk (See Page 26 of Exhibit B); b) installation and maintenance of landscaped parkways and special paving in the public right-of-way (See Pages 30-31 of Exhibit B) and c) a subsurface utility vault in the public right-of-way (See Figure 16 of Exhibit B) are consistent with the Beverly Hills General Plan for the reasons set forth in the General Plan Consistency Analysis attached as Exhibit C, Section 2.4 of the Specific Plan and Table 4.7-1 of the Final Environmental Impact Report.

Section 6. The City Council hereby adopts the Cheval Blanc Beverly Hills Specific Plan, subject to the conditions set forth in Exhibit D, hereby incorporated by reference and made a part hereof as if fully set forth herein. Exhibit D includes conditions of approval requiring the Applicant to enter into encroachment agreements with the City for both subterranean and above ground encroachments within the public right-of-way.

Section 7. The City Clerk shall certify to the adoption of this Resolution and shall cause this resolution and her certification to be entered in the Book of Resolutions of the City Council.

Section 8. This Resolution shall take effect at the same time the Ordinance adopting the Development Agreement for the Cheval Blanc Specific Plan Project takes effect. (Signatures continued on next page)
4 Adopted:
____________________________________

LILI BOSSE
Mayor of the City of Beverly Hills, California
ATTEST:
__________________________ (SEAL)

HUMA AHMED
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

LAURENCE S. WIENER GEORGE CHAVEZ
City Attorney City Manager
____________________________________

RYAN GOHLICH, AICP
Director of Community Development
Exhibits:

A. Legal Description
B. Cheval Blanc Beverly Hills Specific Plan
C. General Plan Consistency Analysis
D. Conditions of Approval

EXHIBIT A

LEGAL DESCRIPTION
EXHIBIT “A”

LEGAL DESCRIPTION
449 N. Beverly

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

LOT 21 IN BLOCK 2 OF BEVERLY, IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGE 94 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

COMMONLY KNOWN AS 449 NORTH BEVERLY DRIVE, BEVERLY HILLS, CALIFORNIA, 90210.

APN: 4343-016-019
EXHIBIT “A”

LEGAL DESCRIPTION
461 N. Beverly

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

LOTS 22, 23 AND 24 IN BLOCK 2 OF BEVERLY, IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11 PAGE 94 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPT THAT PORTION OF LOT 24 IN BLOCK 2 OF BEVERLY, IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11 PAGE 94 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 24; THENCE SOUTH 50° 29' 33" WEST, ALONG THE NORTHWESTERLY LINE OF SAID LOT 24, A DISTANCE OF 112.64 FEET; THENCE SOUTH 39° 30' 27" EAST 5.00 FEET; THENCE NORTH 52° 55' 57" EAST 105.17 FEET TO

THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF

10.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 8.84 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 24; THENCE NORTH 39° 31' 30" WEST, ALONG SAID NORTHEASTERLY LINE, 13.47 FEET TO THE POINT OF BEGINNING.

COMMONLY KNOWN AS 461 NORTH BEVERLY DRIVE, BEVERLY HILLS, CALIFORNIA, 90210.

APN: 4343-016-023
EXHIBIT “A”

LEGAL DESCRIPTION
456 N. Rodeo

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

LOT 3 IN BLOCK 2 OF BEVERLY, IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11 PAGE 94 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

COMMONLY KNOWN AS 456 NORTH RODEO DRIVE, BEVERLY HILLS, CALIFORNIA, 90210.

APN: 4343-016-002
EXHIBIT “A”

LEGAL DESCRIPTION
468 N. Rodeo

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

LOTS 1 AND 2 IN BLOCK 2 OF BEVERLY, IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGE 94 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

COMMONLY KNOWN AS 468 NORTH RODEO DRIVE, BEVERLY HILLS, CALIFORNIA, 90210.

APN: 4343-016-001
ALLEY PARCEL 1:

THAT PORTION OF THE SOUTHWESTERLY HALF OF THE ALLEY (20 FEET WIDE), IN BLOCK 2 OF

BEVERLY, IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 11 PAGE 94 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHEASTERLY OF AND ADJACENT TO LOTS 1 AND 2 IN BLOCK 2 OF SAID BEVERLY, THAT WOULD PASS WITH A LEGAL CONVEYANCE OF SAID LOTS.

ALLEY PARCEL 2:

THAT PORTION OF THE SOUTWESTERLY HALF OF THE ALLEY (20 FEET WIDE), IN BLOCK 2 OF

BEVERLY, IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 11 PAGE 94 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHEASTERLY OF AND ADJACENT TO LOT 3 IN BLOCK 2 OF SAID BEVERLY, THAT WOULD PASS WITH A LEGAL CONVEYANCE OF SAID LOT.

ALLEY PARCEL 3:

THAT PORTION OF THE NORTHEASTERLY HALF OF THE ALLEY (20 FEET WIDE), IN BLOCK 2 OF

BEVERLY, IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 11 PAGE 94 OF MAPS, IN THE OFFICE OF THE

COUNTY RECORDER OF SAID COUNTY, LYING SOUTHWESTERLY OF AND ADJACENT TO LOTS 22, 23 AND 24 IN BLOCK 2 OF SAID BEVERLY, THAT WOULD PASS WITH A LEGAL CONVEYANCE OF SAID LOTS.

EXHIBIT B

CHEVAL BLANC BEVERLY HILLS SPECIFIC PLAN
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Cheval Blanc
Beverly Hills
Specific Plan
(October 26, 2022)
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TABLE OF CONTENTS
CHAPTER 1.0 – INTRODUCTION...................................................................................................3

1.1 DEFINITIONS...........................................................................................................3

1.2 PURPOSE AND INTENT...........................................................................................4

1.3 SPECIFIC PLAN SITE...............................................................................................6

1.4 GOALS AND OBJECTIVES.......................................................................................7

1.5 CONTENTS..............................................................................................................8 CHAPTER 2.0 – PLANNING CONTEXT..........................................................................................9

2.1 INTRODUCTION.......................................................................................................9

2.2 AUTHORITY.............................................................................................................9

2.3 GENERAL PLAN AND ZONING DESIGNATIONS.....................................................9

2.4 RELATIONSHIP TO THE GENERAL PLAN...............................................................9

2.5 RELATIONSHIP TO THE ZONING ORDINANCE....................................................13

2.6 RELATIONSHIP TO PARKING STANDARDS..........................................................13

2.7 PUBLIC PARTICIPATION.......................................................................................15

2.8 CEQA COMPLIANCE..............................................................................................16 CHAPTER 3.0 – PLAN COMPONENTS.........................................................................................17

3.1 INTRODUCTION.....................................................................................................17

3.2 LAND USES............................................................................................................17

3.3 SITE PLANNING.....................................................................................................17

3.4 UTILITIES...............................................................................................................20 CHAPTER 4.0 – DEVELOPMENT STANDARDS AND GUIDELINES............................................23

4.1 GENERAL PROVISIONS........................................................................................23

4.2 PERMITTED USES.................................................................................................23

4.3 PORTE COCHERE AND MOTOR COURT..............................................................25

4.4 PARKING AND LOADING.......................................................................................25

4.5 BUILDING HEIGHT.................................................................................................29

4.6 INTENSITY AND CAPACITIES................................................................................31

4.7 SIGN STANDARDS.................................................................................................31

4.8 ARCHITECTURE AND DESIGN..............................................................................31

4.9 GREEN BUILDING STANDARDS............................................................................33 CHAPTER 5.0 – OPERATIONAL STANDARDS............................................................................35

5.1 ACCESS STANDARDS...........................................................................................35

5.2 HOURS...................................................................................................................35

5.3 OPEN AIR DINING..................................................................................................36 CHAPTER 6.0 – IMPLEMENTATION AND ADMINISTRATION.....................................................37

6.1 PURPOSE ..............................................................................................................37

6.2 ADMINISTRATION..................................................................................................37

6.3 AMENDMENTS AND MODIFICATIONS TO THE SPECIFIC PLAN..........................37

6.4 FINANCING............................................................................................................38 CHAPTER 7.0 – CONDITIONS OF APPROVAL AND MITIGATION MEASURES..........................39 CHAPTER 8.0 – SP FIGURES.......................................................................................................40 3 156329300.21
CHAPTER 1.0 – INTRODUCTION

1.1 DEFINITIONS
The following definitions of the uses in the Cheval Blanc Beverly Hills Specific Plan (the Specific Plan) are referenced throughout and are provided here for the reader’s convenience. Further details regarding these uses and provisions governing their development and operation are found at Chapters 4 and 5 of this Specific Plan.

A. Hotel shall mean any building, or portion thereof designed or used for lodging persons for a period of less than thirty (30) consecutive days.

B. Club shall mean a private Club offering facilities for social and recreational purposes to members, who shall be persons who have paid a membership fee set by the Specific Plan operator. Facilities reserved for use by Club members and their guests may include one or more meeting rooms, a screening room, and a bar and lounge. The provisions of Beverly Hills Municipal Code (BHMC) Title 4, Chapter 2, Article 2 shall not apply to the Specific Plan.

C. Retail shall mean a business that carries on as its principal business the selling of tangible commodities, goods, merchandise or wares, including art, and including stores, shops, galleries, and retail storage.

D. Restaurant(s) shall mean indoor and outdoor restaurants, bars, and lounges, including bars as separate spaces and outdoor pool bars. Restaurants operated as Appurtenant Uses shall be open only to Hotel guests, Club members and their respective guests.

E. Appurtenant Use(s) shall mean the following uses related to Hotel and Club services and functions used primarily by Hotel guests, Club members, and their respective guests:

1. Central kitchens for food and beverage services and establishments including Restaurants, alcohol sales and service, specialty food service (including bakeries, cafes, delicatessen, ice cream parlors, and similar food services), but excluding drive-up, drive-in and drive-through.

2. Lobbies and other common areas.

3. Wellness Center including fitness and exercise equipment and services.

4. Spa including day spa, cosmetic spa, beauty and barber services.

5. Restaurants operated as Appurtenant Uses that shall be open only to Hotel guests, Club members and their respective guests.

6. Pools, decks, balconies and other outdoor areas on the rooftops and adjacent to Hotel and Club areas and related facilities, including seating and sunning areas, trellises and cabanas, landscaping, open spaces, special lighting and amplification equipment, mechanical equipment, elevator shafts and lobbies, solar collectors, wind-sound barriers, and other infrastructure.

7. Back of house (BOH) including but not limited to offices, laundry, employee facilities, storage, and kitchens.
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1.2 PURPOSE AND INTENT
The Specific Plan provides a framework for redevelopment of a 1.277-acre site (the Specific Plan Site or Site) within the northern portion of the Beverly Hills Business Triangle at an anchor location, accessible from South Santa Monica Boulevard and other major streets. This anchor location on a large parcel will enhance the pedestrian circulation within the Business Triangle and attract visitors to Beverly Hills. The Specific Plan proponent, Cheval Blanc (a division of LVMH), develops and operates a limited number of one-of-a-kind luxury hotel developments at select locations around the world. The Cheval Blanc will provide a one-of-a-kind luxury Hotel development that will promote harmonious, robust, and resilient economic development of the Business Triangle and surrounding area. The multiple use, Hotel-driven luxury anchor development is designed to be compatible with the scale and massing of the surrounding neighborhood, to provide pedestrian friendly amenities and uses along the street level providing a vital link between the North Rodeo Drive and North Beverly Drive corridors, and to be sensitive to the quality of life and character of the surrounding community. Consistent with Cheval Blanc’s commitments at its properties throughout the world, the development incorporates environmentally sensitive, sustainable, and responsible design.

The purpose of the Specific Plan is to facilitate the orderly and efficient development of the Specific Plan Site by, among other things, establishing appropriate size, height, and density limits. The intent of the Specific Plan is to provide a concise development plan for the Specific Plan Site and to optimize the use of the Specific Plan Site in a manner that capitalizes on the Site’s location at the northern entrance to the City’s Business Triangle.

The Specific Plan Site has frontage along South Santa Monica Boulevard, North Rodeo Drive, and North Beverly Drive. The Specific Plan allows for a single multiple use building including a luxury Hotel and private Club, with Restaurants and other Appurtenant Uses, and ground level and second floor Retail. The multiple use Hotel driven Specific Plan will anchor and revitalize the northern portion of the Business Triangle. The development of the Cheval Blanc project (the Project) on the Specific Plan Site includes the uses specified, at the densities set forth, in Table 1 – Development Program.

The Project incorporates modulation of building heights and massing, articulation of building façades on all elevations and pedestrian-friendly treatments along the adjacent public rights-of-way. Building height will vary between 4 stories near the western portion of the Site fronting on North Rodeo Drive and 9 stories near the eastern and northern portions of the Site near North Beverly Drive and South Santa Monica Boulevard. The Project includes valet, accessible, and employee parking in a subterranean garage, at-grade large truck loading areas, below-grade small delivery van loading areas, outdoor dining on various roof decks, pool deck areas, and large windows and openings providing an indoor/outdoor dining character to the pedestrian experience at the ground level as a part of a ground level Restaurant.

The existing public alley, running north-south through the Site with access from South Santa Monica Boulevard, will be relocated to the southern portion of the Site. The new access point to the alley will be from the west side of North Beverly Drive; the surface of the relocated portion of the alley will remain public, with a portion of the hotel above. A valet porte cochere over a motor court facing South Santa Monica Boulevard will be used for drop-off and pick-up of Hotel guests and Club members and their respective guests, along with Restaurant and Spa patrons. 5 156329300.21
The Project incorporates features that will complement and enhance the pedestrian environment on the three fronting streets, while allowing larger scale development of a multiple use anchor building with a luxury Hotel. At the corner of North Rodeo Drive and South Santa Monica Boulevard a publicly accessible pedestrian plaza will be contiguous with the public sidewalk and include private artwork.

The sidewalks along North Rodeo Drive, South Santa Monica Boulevard and North Beverly Drive will be enhanced by a landscaped pedestrian parkway at the curb, providing protection for pedestrians and a landscaped character to the street. The width of the sidewalk along the South Santa Monica Boulevard frontage will be increased by dedication of a surface right-of-way for sidewalk purposes, adding an additional approximately one and a half feet (1.5’) to the existing sidewalk width along the western half of the block and an approximate three feet (3’) for the eastern half of South Santa Monica Boulevard; the resulting perimeter sidewalks will vary from approximately eight feet (8’) to twelve feet (12’) wide plus the three foot (3’) parkway. The ground level of the building will be designed to engage the street by locating Retail and Restaurant uses with large transparent glass windows and doors adjacent to the sidewalks of the adjoining streets, including large windows and openings providing an indoor/outdoor dining character to the pedestrian experience at the ground level as a part of a ground level Restaurant, and through the use of special paving on the perimeter sidewalks integrated with the design of the building. The combined sidewalk enhancements and ground level building uses will Table 1 – Development Program1
Number of Hotel
Rooms
Floor Area (SF) Max. Floor
Area Ratio
(FAR)
Above Grade Maximum Floor Area and FAR 205,700 3.91
Below Grade Floor Area and FAR varies varies
Total Maximum Floor Area and FAR 220,950 4.2
Floor Area By Use2
• Hotel Rooms, Club and Appurtenant Uses
including Restaurants operated as
Appurtenant Uses3
Up to 115 175,000
• Restaurants/Bars/Lounges that shall or may
be operated as open to the public3
12,400
• Retail 25,000

1. The Development Program sets forth the maximum allowed above grade and total floor area and FAR. Below grade floor area and FAR may vary based on actual above grade floor area and FAR, subject to the total maximum floor area and FAR. Site area for FAR purposes is 52,607 square feet. Floor area excludes exterior walls, stair shafts, elevators, elevator lobbies less than 100 square feet per cab, parking spaces and access, maintenance equipment/machinery rooms, outdoor dining areas, decks and balconies, and 2,000 square feet of storage per below grade parking level.

2. The Development Program includes the maximum number of Hotel rooms and the approximate amount of space that may be allocated to each general use in the building. The floor area by use may be increased by up to five percent (5%) pursuant to Section 6.3; however, the maximum floor area of the Project may not exceed 220,950 square feet.

3. Excludes 2,500 square feet of outdoor dining/bar on private property that is open to the public at the 6th floor and 2,260 square feet of Appurtenant Use (closed to the public) outdoor dining/bar on private property on the 7th floor.
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facilitate and promote pedestrian connections between the North Rodeo Drive and North Beverly Drive corridors and energize the North Beverly Drive corridor.

The Specific Plan contains policies, standards and guidelines, and conditions of approval designed to ensure that the Specific Plan Site is improved in a manner that recognizes the Site as an anchor in the northern part of the Business Triangle, effectively utilizing architectural elements, providing a world class architectural landmark, incorporating open space and landscaping, and encouraging pedestrian circulation between the Specific Plan Site, other businesses in the City’s Business Triangle, residential neighborhoods, and transit.

1.3 SPECIFIC PLAN SITE
A. Project Location
The Specific Plan Site is comprised of seven legal lots: 1) one legal lot at 456 North Rodeo Drive (Assessor’s Parcel Number 4343-016-012, 456 North Rodeo), 2) two legal lots at 468 North Rodeo Drive (Assessor’s Parcel Number 4343-016-001, 468 North Rodeo Drive), 3) three legal lots at 461- 465 North Beverly Drive (Assessor’s Parcel Number 4343-016-023, 461 North Beverly), and 4) one legal lot at 449-453 North Beverly Drive (Assessor’s Parcel Number 4343-016-019, 449 North Beverly). The Specific Plan Site is generally bounded by South Santa Monica Boulevard to the north, existing commercial buildings to the south, North Beverly Drive to the east, and North Rodeo Drive to the west. The overall Site Area is approximately 1.277 acres. The Site Area used for FAR calculations excluding the existing public alley is 1.208 acres. The Site’s lowest elevation is at its southeastern portion, and its highest elevation of 265.97’ (266’) is at the northeast corner along South Santa Monica Boulevard near North Beverly Drive, which is used to calculate the Project’s height in conformance with BHMC Title 10, Chapter 3, Article 1, Section 10-3-100, “Height of Building.” Specific Plan (“SP Figure”) 1 identifies the location of the Site and SP Figure 2 identifies the Specific Plan Site.

B. Existing Setting

1. Specific Plan Site
The Site is currently developed with four commercial structures, three surface parking lots, and one underground parking lot. The commercial structure at 456 North Rodeo currently houses retailer Celine and provides 6,895 square feet and nine surface parking spaces. The commercial structure at 468 North Rodeo formerly housed retailer Brooks Brothers and provides 20,265 square feet and six surface parking spaces. The commercial structure located at 461 North Beverly Drive formerly housed The Paley Center for Media and provides 23,351 square feet, five surface parking spaces, and 45 underground parking spaces. The 6,276 square foot commercial structure, which consists of two separate connected buildings located at 449 North Beverly Drive (inclusive of 451 and 453, collectively 449 North Beverly), is vacant. No residential units exist on the Site. SP Figure 3 illustrates the existing condition of the Site.

2. Surrounding Land Uses
The Site is surrounded by a mix of land uses as illustrated in SP Figure 4:
a. North along South Santa Monica Boulevard: A collection of small retail stores and restaurants, including an art gallery, are located across the street from the Site on the north side of South Santa Monica Boulevard. b. South: Immediately south of the Site fronting North Rodeo Drive is a 3- story building, which contains Ralph Lauren and Giorgio Armani stores 7 156329300.21
on floors 1-2 and a doctor's office and other commercial office tenants on the 3rd floor. The area immediately south of the Project Site close to North Beverly Drive is developed with two 2-story buildings. The building that fronts North Beverly Drive has small retail stores and restaurants on the ground floor and office space on the second floor. The building that fronts the alley (the Geary Building) contains warehouse space on the ground floor with office space on the second floor.
c. East across North Beverly Drive: The 9-story, 110’ Bank of America Financial Center is located directly across from the Site on the east side of Beverly Drive. The building primarily contains office space with a Bank of America Branch office and vacant commercial space on the ground floor fronting North Beverly Drive and South Santa Monica Boulevard. d. West across North Rodeo Drive: A collection of luxury clothing stores, including Alexander McQueen, Brioni, DSquared2, Zadig & Voltaire, and Saint Laurent are located across the street from the Site on the west side of North Rodeo Drive.

The closest residential uses to the Site are approximately 525 feet to the north, on the north side of Santa Monica Boulevard, north of Beverly Gardens Park. The Site is approximately 0.4 mile walking distance from the Metro D (formerly Purple) line station currently under construction on Wilshire Boulevard.

1.4 GOALS AND OBJECTIVES
Implementation of the Specific Plan will help to achieve the following goals and objectives:
a. To encourage a one-of-a-kind luxury Hotel development setting a new international standard and providing a new anchor use that will attract visitors to the Business Triangle and Beverly Hills, providing additional tax revenue for the City both directly and indirectly by supporting robust and resilient economic development of the Business Triangle and surrounding area.
b. To ensure that a luxury multiple use Hotel development acting as an anchor use for the northern portion of North Rodeo Drive will enhance the City’s Business Triangle and will promote harmonious, robust and resilient economic development of the Business Triangle and surrounding area.
c. To provide for luxury Hotel driven development that is compatible with the scale and massing of the surrounding neighborhood, through appropriate modulation, upper story setbacks, other similar measures, or any combination thereof.
d. To provide pedestrian friendly amenities and uses along the street level, with sidewalk widths and setbacks that are generally consistent with other development along South Santa Monica Boulevard, North Rodeo Drive, and North Beverly Drive.
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e. To ensure that luxury Hotel driven development will be sensitive to the quality of life, and character of the surrounding community. f. To promote a high level of design excellence by providing an exclusive, world-class, modern yet timeless, classic design for this luxury destination that reflects Southern California and the hospitality guest experience of the Cheval Blanc brand.
g. To accommodate vehicle flow on adjacent City streets and promote multiple transportation modes (walking, bicycling) by relocating the alley bisecting the Site, placing parking underground, limiting driveway access points, and enhancing the pedestrian environment on all of the adjoining streets.
h. To provide high quality, luxury Retail along North Rodeo Drive’s ground floor frontage, enhancing and fostering the economic vitality and identity of this world-known pedestrian-oriented retail district. i. To incorporate environmentally sensitive, sustainable, and responsible design.
j. To promote and protect the public health, safety and welfare.

1.5 CONTENTS
The Specific Plan consists of the following components:
a. Chapter 1.0 (Introduction) provides a broad overview of the Specific Plan and its goals.
b. Chapter 2.0 (Planning Context) describes the planning issues and procedures for approval of the Specific Plan.
c. Chapter 3.0 (Plan Components) sets forth the general land use concept for the Specific Plan Site, and describes land uses, building placement, traffic circulation, and utilities.
d. Chapter 4.0 (Development Standards and Guidelines) sets forth Development Standards and guidelines for the Specific Plan Site, including permitted uses, parking, building height, density and capacity, signage, architecture, and design.
e. Chapter 5.0 (Operational Standards) sets forth the provisions governing the long-term operation of uses within the Specific Plan Site. f. Chapter 6.0 (Implementation and Administration) sets forth the implementation and amendment process for the Specific Plan. g. Chapter 7.0 (Mitigation Measures) sets forth the mitigation measures and conditions of approval that have been adopted by the City Council and 9 156329300.21
incorporates those mitigation measures and conditions into the Specific Plan.1
h. Chapter 8.0 (SP Figures): Chapter 8.0 contains the SP Figures referenced throughout the Specific Plan.

CHAPTER 2.0 – PLANNING CONTEXT

2.1 INTRODUCTION
This chapter provides an overview of the Specific Plan process, General Plan and Zoning Amendments, and public participation in developing the Specific Plan.

2.2 AUTHORITY
The California Government Code (Title 7, Division 1, Chapter 3, Article B, §§ 65450-65457) authorizes cities to adopt specific plans for the systematic implementation of the general plan for all or part of the area covered by the general plan. Any specific plan adopted pursuant to this authority shall be consistent with the adopted general plan. Once a specific plan is adopted, all zoning, subdivision, public works projects, and development agreements shall then be consistent with the specific plan.

The Beverly Hills General Plan (the General Plan) provides that the Site may be used for general commercial uses including hotels and appurtenant uses and retail within the Commercial Low Density General land use designation in the City’s General Plan Land Use designation map.

2.3 GENERAL PLAN AND ZONING DESIGNATIONS
The Specific Plan Site is designated as Low-Density General Commercial on the General Plan land use map and has a zoning designation of C-3 prior to the adoption of the Cheval Blanc Beverly Hills Specific Plan.

In connection with the adoption of the Cheval Blanc Specific Plan, the Land Use Plan Map in the Land Use Element of the General Plan shall be amended to designate the Specific Plan Site as “SP-Cheval Blanc Beverly Hills Specific Plan,” and the zoning designation for the Specific Plan Site shall be amended to change the designation for the Specific Plan Site to the “Cheval Blanc Beverly Hills Specific Plan” zone as shown in SP Figure 5. Section 2.4 of the Specific Plan provides an analysis of the Specific Plan’s consistency with the City’s General Plan.

2.4 RELATIONSHIP TO THE GENERAL PLAN
The General Plan serves as the long-term planning guide for future development throughout the City.

The General Plan operates as a guide to the type of community desired for the future and provides the means to accomplish that goal. California law requires a specific plan to be consistent with the adopted general plan. The Specific Plan will be adopted in conjunction with general plan amendments to amend the Land Use Element and map to change the land use designation for the Specific Plan Area from “Low Density General Commercial” to “SP – Cheval Blanc Beverly Hills Specific Plan,” 1 To be completed after CEQA certification and Specific Plan adoption. 10 156329300.21
thereby permitting a mix of Hotel, Appurtenant Uses, and other commercial uses in the Specific Plan Area in a manner consistent with the General Plan.

The Specific Plan is consistent with the General Plan, as amended, and advances the policies, objectives, goals, recommendations and characteristics identified below:

A. Land Use Element
The Land Use Element of the General Plan contains the following policies recommendations and characteristics that are important to the Specific Plan:

LU 1 Long-Term Stability. In general, each of the land use issues is directed toward the enhancement and maintenance of the long-term durability and stability of the community. A plan which would accomplish this must recognize the unique qualities of the community, and with it, the factors which enhance the uniqueness as well as the factors which jeopardize them. Beverly Hills is fortunate in that it is able to serve a variety of residential and commercial demands in a manner and combination which is difficult to duplicate elsewhere in the Los Angeles area. Consequently, as long as Beverly Hills is able to provide an alternative not available elsewhere, it will endure. The characteristics which contribute to the special opportunities available in Beverly Hills include:
• The City's key location with respect to major professional and managerial centers of employment.
• The wide range of high-quality services, such as police, fire, and education. • The quality of the physical environment, such as its extensive network of trees and landscaping, relatively unmarred by overhead utilities. • The scale of the community, which fosters a sense of place and identity rather than a sense of anonymity.
• The pride of its residents and businesses, as reflected in many ways, such as the architecture, landscaping, and overall concern for the welfare of the community, as evidenced in the wideranging commitments to participation in community affairs. • The character of its business community, as reflected in the quality and diversity of its stores, hotels, restaurants, and offices.
• The exceptional qualities of its housing stock, which offers a variety of housing and neighborhoods rarely found elsewhere.

LU 9.3 Anchor locations (Commercial Areas). It is also recommended that certain anchor locations be set aside to permit development of a higher intensity type of development that is not otherwise provided in the community. These areas should be located so as to be accessible from or within the City’s major shopping areas and close to the City’s major streets.

These anchor locations should include large parcels that are located at the gateways to the City, such as the Site at 9900 Wilshire Boulevard or where additional building height is appropriate. A variety of land uses such as commercial, residential, and mixed use should be considered for the anchor locations. A change of use from commercial to residential or mixed use should be allowed only if such change provides an adequate transition to adjacent singlefamily neighborhoods. 11 156329300.21
LU 9.4 Anchor Location Design Criteria. 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 development, including 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, and within the Business Triangle.

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.

The Specific Plan is consistent with each of these policies, recommendations, and characteristics.

The implementation of the Specific Plan will enhance the quality of the physical environment, foster a strong sense of place with the development of an anchor architectural building in Beverly Hills, incorporate modulation of building heights, articulation of building facades of all elevations and pedestrian-friendly treatments along the public rights-of-way. The heights and massing of the multiple use building respond to the Sites’ location in the Business Triangle and the character of the area, with Retail and lower building heights along North Rodeo Drive frontage near South Santa Monica Boulevard. Via stepped-back, modulated massing, the Project’s building heights along South Santa Monica Boulevard and North Beverly Drive are compatible with and transition to the unmodulated height of an existing structure to the east. The luxury Hotel, private Club, Restaurants, and other Appurtenant Uses and Retail uses that will be developed in the Specific Plan Site will be of exceptional quality and will be designed to promote pedestrian activity along its three adjoining streets in the Business Triangle. The pedestrian plaza with private artwork at the intersection of South Santa Monica Boulevard and North Rodeo Drive provides an iconic art anchor for the northern portion of the Business Triangle.

Consistent with General Plan policies LU 9.3 and LU 9.4, the Site is designated in the Specific Plan as an anchor location appropriate for higher intensity-type development and additional height. The Site is large, accessible from major streets and close to other major streets. The unified multiple use commercial development incorporates measures to enhance the street and sidewalks, encouraging pedestrian circulation within the Business Triangle, along North Rodeo Drive, South Santa Monica Boulevard, and North Beverly Drive. These measures include pedestrian supportive uses along the sidewalk with large transparent windows providing views of the Project’s Retail and Restaurant uses and including large windows and openings providing an indoor/outdoor dining character to the pedestrian experience at the ground floor Restaurant use, a publicly accessible pedestrian plaza be contiguous with the public sidewalk and including private artwork, new street trees similar to existing species, landscaped parkways, and other landscape features.

B. Open Space Element
The Open Space Element of the General Plan contains the following statements that are important to the Specific Plan:

Overview: Beverly Hills offers a variety of natural and man-made aesthetic resources that define its unique character. The City’s built environment reflects its rich architectural heritage.

However, the City’s greatest aesthetic resource is its elaborate network of landscaping and scenic vistas which fosters a sense of spaciousness within an urban setting, differentiating this community from others.
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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.

The Project provides a publicly accessible pedestrian plaza with private artwork at the intersection of South Santa Monica Boulevard and North Rodeo Drive, streetscape improvements on the three adjoining streets, and landscaping as part of its building façade.

C. Circulation Element
The Circulation Element of the Beverly Hills General Plan contains the following policies that are important to the Specific Plan:

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 11.2b. A program for widening and realignment of the alleys as recommended in the Master Plan of Streets Study. This proposal calls for dedication of additional alley right-of-way to better enable the alleys to serve their intended function. This is an important implementation tool which would serve as a development guide. Due to its specific nature, however, it should be adopted separately from the City’s General Plan, and modified as specific circumstances dictate.

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 proposals 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 of 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.

The Specific Plan is consistent with these provisions of the Circulation Element of the Beverly Hills General Plan. The parking for the Site provides adequate centrally located, uniformly operated parking facilities that will provide adequate access to parking for visitors and employees alike. Valet parking will be provided in the motor court for Hotel and Appurtenant Uses, Restaurant and Spa patrons, as well as guests and visitors to the Specific Plan Site. Valet parking for Club members and their guests will be provided on North Beverly. VIP and VIC Retail customers shopping by appointment and employees will self-park by accessing the down ramp at the rear of the building via the relocated alley off of North Beverly Drive. General Retail customer parking (i.e., parking for Retail customers who are not shopping by appointment) will be provided off-Site by participation in the City’s In Lieu Parking Program. Relocation of the alley and widening the South Santa Monica Boulevard sidewalk right-of-way, including by amending the Master Plan of Streets, allows for one-of-a-kind luxury, Hotel driven multiple use development across a unified series of parcels along the block of South Santa MonicaBoulevard from North Rodeo Drive to North Beverly Drive, providing a more functional arrangement of the building as an anchor development revitalizing the northern portion of the Business Triangle.
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2.5 RELATIONSHIP TO THE ZONING ORDINANCE
As set forth in proposed BHMC Title 10, Chapter 3, Article 15.9, the Specific Plan supersedes other development regulations and standards set forth in the Beverly Hills Planning and Zoning Ordinances (BHMC Title 10, Chapters 3 and 4) for the Specific Plan Site. The provisions of this Specific Plan shall apply in lieu of the provisions in the Planning and Zoning Ordinances, provided that for development and operational standards not established in this Specific Plan, the standards in the Planning and Zoning Ordinances shall apply. In addition, any terms used in this Specific Plan that are not defined or described herein shall have the meanings, if any, set forth for them in the Planning and Zoning Ordinances.

2.6 RELATIONSHIP TO PARKING STANDARDS
A. The Specific Plan relationship to the City’s generally-applicable parking standards, and the Specific Plan’s parking standards set forth in Section 4.4, Table 2 – Parking Requirements, are described below. Parking for the Project shall be provided in conformance with Section 4.4.

1. For the Development Program in Table 1 – Development Program, a Parking Demand Analysis Study(Kimley Horn, 2021, revised 2022) was prepared using two methodologies from the Urban Land Institute’s (ULI) Shared Parking, 3rd Edition (ULI Shared Parking), with input from empirical data from hotels and restaurants in Beverly Hills and comparable, nearby communities, analytical assumptions based on empirical data and recently relied on by the City and the City of West Hollywood regarding parking demand for private member club uses, and operational information from the applicant’s existing retail stores on North Rodeo Drive regarding the demand for on-Site VIP-VIC Retail customer parking.

2. The Parking Demand Analysis Study found a thirty-three percent (33%) overnight drive rate for existing Beverly Hills hotels. Hotel drive in rates are derived by calculating the number of occupied rooms and comparing that with overnight cars parked in a hotel’s parking garage.

3. The Specific Plan provides that the Site’s ground floor Restaurant shall, and its sixth floor Restaurant may, be operated as a non-Appurtenant Use, i.e., open to the public. The Parking Demand Analysis therefore assumed that both the ground floor and sixth floor Restaurants (both indoor and outdoor) would be operated as open to the public and would be provided with parking.

4. The empirically-based drive rate and requirement that the publicly-accessible (i.e., non-Appurtenant) Restaurants be separately parked support a Hotel use parking requirement of 0.83/parking space per Hotel room.

5. Consistent with BHMC Title 10, Chapter 3, Article 28.6, section 10-3-2866(I), it is appropriate to reduce the Project’s parking requirements, excepting Club Facilities and Retail, by fifteen percent (15%) because of:
a. The Site’s close proximity to public transportation including Metro Rapid Line 704, with a 15-minute headway weekday service and stops along Santa Monica Boulevard within 600’ and 800’ of the Site, and Metro Lines 4, 14/37, 20/720 and 16/316, with stops within 500’ and 1,400’ of the Site.

The heavy rail Metro Line D (formerly Purple Line) Wilshire Rodeo 14 156329300.21
Station, located within 0.4 mile walking distance of the Site, is currently under construction and scheduled to open in 2025;
b. The Site is located in close proximity to a dense concentration of shopping and services easily accessible on foot; and
c. Free transit passes shall be made available to Hotel and Club employees who use transit to travel to and from the Site to work, see Attachment G Transportation Demand Management Strategies in LA VMT Calculator (Los Angeles Department of Transportation), p. 11, providing a twenty percent (20%) VMT reduction when employees are eligible for employerprovided transit passes. Transit passes shall also be made available to Hotel guests upon request.

6. The Parking Demand Analysis Study analyzed peak parking demand under two methodologies: (i) the parking demand rates, credits and shared parking model supplied by ULI Shared Parking; and (ii) applying the BHMC, including applicable BHMC-parking credits, in conjunction with the ULI Shared Parking model. Under these analyses, the peak weekday parking demand varies from 139 to 151 spaces and the peak weekend parking demand varies from 140 to 146 spaces.

See Parking Demand Analysis Study Section II and Appendix E. The Specific Plan’s parking requirements, as applied to the Project, require 139 on-Site parking spaces and 33 off-Site parking spaces for non-VIP-VIC Retail customers via the City’s In Lieu Parking Program, for a total of 172 parking spaces, which is more than the estimated parking demand.

7. The Project’s participation in the In-Lieu Parking District to provide Retail customer parking is appropriate on the basis of the following findings:
a. The Site is located in an In-Lieu Parking District and contains eligible uses pursuant to BHMC Section 10-3-3301, including General Retail Sales Commercial Activities, Convenience Sale and Service Commercial Uses and Food Sales, and Service Commercial Uses.The Project encourages retail trade in the In-Lieu Parking District and will generate additional retail sales through its Retail use itself and because the Project as a whole will attract and serve potential retail sales customers in the In-Lieu Parking District;
b. The Project’s Retail use and the Project as a whole are compatible with and will not be detrimental to retail business in the In-Lieu Parking District; c. The Parking Demand Analysis demonstrates that 48 customer parking spaces, including 15 VIP-VIC Retail customer parking spaces and 10 employee parking spaces, are sufficient to serve the Project’s Retail use; d. Off-Site provision of 33 new customer parking spaces for the Project’s Retail use via participation in the In-Lieu Parking District will not unreasonably deplete parking resources within the In-Lieu Parking District, adversely affect existing and anticipated development in the vicinity, create any significantly adverse traffic safety impacts, pedestrianvehicle conflicts, or parking impacts, or be detrimental to the public health, safety or welfare.
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e. Off-Site provision of 33 total (28 new) customer parking spaces for the Project’s Retail use via participation in the In-Lieu Parking District will promote harmonious development of the area.

8. The Parking Demand Analysis Study analyzed special event parking demand, based on the Specific Plan’s limitations on the number of events and their capacities, see Parking Demand Analysis Study Section IV, and concludes that the special event peak parking demand is for 218 spaces (this is inclusive of daily weekday and weekend peak parking demand). A Valet Parking Management Plan (LAZ Parking, 2022) shows, at pages 4-6, that levels B1, B2 and B3 can accommodate up to 218 spaces with stacked parking. Therefore, the peak event parking demands anticipated in the Parking Demand Analysis Study will be accommodated by the Project.

2.7 PUBLIC PARTICIPATION
The Specific Plan was presented to the Planning Commission at noticed public hearings on February 10, 2022, February 24, 2022, which were both noticed on January 21, 2022, by publication, mail and posting at the Project Site. At the conclusion of the February 24, 2022 hearing, the Planning Commission continued the matter to March 24, 2022. At the applicant’s request, the March 24, 2022 hearing was continued to a date uncertain. On May 6, 2022, notice was published, mailed and posted at the Project Site that the Planning Commission would hold public hearings on the Project on May 26, 2022, and June 13, 2022. Public comment was taken at the May 26, 2022 hearing, and the Planning Commission directed staff to prepare for adoption on June 13, 2022, Resolutions recommending that the City Council: 1) certify the Final Environmental Impact Report prepared in conformance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq., CEQA); and 2) adopt the Specific Plan. The Specific Plan shall be presented to and considered by the City Council as provided for in the BHMC and shall be presented to the public for input and analyzed by the City in conformance with CEQA. The adopted Specific Plan shall reflect changes to the originally submitted Specific Plan proposed by the applicant and as provided by the Planning Commission and the City Council. On June 13, 2022, the Planning Commission adopted: 1) Planning Commission Resolution No. 1988, recommending that the City Council certify the Final Environmental Impact Report; and 2) Planning Commission Resolution No. 1990, recommending that the City Council approve the Specific Plan.

On August 26, 2022, notice was published, mailed and posted at the Project Site that the City Council would hold public hearings on the Project on September 20, 2022, and October 11, 2022. Public comment was taken at the September 20, 2022 hearing and the City Council directed staff to prepare for adoption at the October 11, 2022 hearing an Ordinance adopting the Specific Plan, amended to reflect changes to the Specific Plan recommended for approval by the Planning Commission proposed by the applicant and as provided by the City Council. At the October 11, 2022 hearing, no substantive consideration occurred, and the matter was continued to the November 1, 2022 hearing.

At the November 1, 2022 hearing ____________________________ On __________________, the City Council adopted Ordinance No. ____, adopting the SpecificPlan.

The applicant’s voluntary public outreach plan includes the informal notice provided to property owners and tenants on the alley. The notice was distributed by US Mail on June 26, 2020. 16 156329300.21

2.8 CEQA COMPLIANCE
An Initial Study dated November 13, 2020, found that the Project may have a significant effect on the environment in the areas of: Air Quality, Cultural Resources, Energy, Geology/Soils (Paleontological), Greenhouse Gas Emissions, Land Use Planning, Noise, Transportation, Tribal Cultural Resources, Utilities/Service Systems (Energy). Following a noticed scoping meeting held on December 2, 2020, a Draft Environmental impact report was prepared and a Notice of Availability posted on September 17, 2021. Based on comments received from the California Department of Fish and Wildlife, the Draft Environmental Impact Report (the Draft EIR) included an analysis of potential impacts to Biological Resources (Bats). A forty-five day comment period on the Draft EIR ran from September 17, 2021, through November 1, 2021, and a hearing to receive public comment was held by the Planning Commission on October 28, 2021.

A Final Environmental Impact Report (the Draft EIR, comments received on the Draft EIR, responses to substantive CEQA comments on the Draft EIR, and any text changes, together the Final EIR) was prepared for the Specific Plan pursuant to the provisions of CEQA, the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.), and the City’s Local Environmental Guidelines, and released in February 2022. The Final EIR identified potentially significant environmental impacts resulting from the implementation of the proposed Specific Plan, all of which will be reduced to less than significant with implementation of the feasible mitigation measures identified in the Final EIR that will be incorporated as conditions of approval into the Specific Plan.

Public comment was taken regarding, and the Planning Commission considered, the Final EIR at noticed public hearings on February 10, 2022, February 24, 2022, and May 26, 2022. At the conclusion of the May 26, 2022 hearing, the Planning Commission directed staff to prepare for adoption on June 13, 2022, a Resolution recommending that the City Council certify the Final EIR.

On June 13, 2022, the Planning Commission adopted Planning Commission Resolution No. 1.988, recommending that the City Council certify the Final Environmental Impact Report.

On August 26, 2022, notice was published, mailed and posted at the Project Site that the City Council would hold public hearings on the Final EIR on September 20, 2022, and October 11, 2022. Public comment was taken at the September 20, 2022 hearing and the City Council directed staff to prepare for adoption at the October 11, 2022 hearing a Resolution certifying the Final EIR. At the October 11, 2022 hearing, no substantive consideration occurred, and the matter was continued to the November 1, 2022 hearing. At the November 1, 2022 hearing
On __________________, the City Council adopted Resolution No. ____, certifying the Final EIR. 17 156329300.21
CHAPTER 3.0 – PLAN COMPONENTS

3.1 INTRODUCTION
The Specific Plan is a comprehensive policy and regulatory document that will be used to guide development of the Site. This chapter addresses (a) the location, distribution, and extent of land uses within the Specific Plan Site, and (b) the location, distribution, and extent of essential facilities serving the Specific Plan Site.

3.2 LAND USES
The land use concept for the Specific Plan Site encourages a development consisting of a luxury Hotel, private Club and Appurtenant Uses, Restaurants, Retail, a subterranean parking structure, and rooftop and ground level open areas, all on 1.277 net acres of land. SP Figure 6 illustrates the basic land use concept for the Specific Plan Site.

The uses in the Specific Plan Site shall be limited to those uses set forth in Section 4.2 of this Specific Plan.

A conditional use permit shall not be required for a Hotel and private Club with Appurtenant Uses, Restaurants, Retail, or any other use listed in Section 4.2 of this Specific Plan, other than as provided for in Section 4.

3.3 SITE PLANNING
A. Building Placement
The multiple use building will be placed close to the public rights-of-way of the adjacent streets to create an active pedestrian environment along the public sidewalks as shown in SP Figures 7 and 9.

The location, distribution and type of open space, pedestrian amenities, and landscaping shall be substantially as shown on SP Figures 19 and 37 of the Specific Plan. The Specific Plan’s Development Program is summarized in Table 1 – Development Program.

B. Circulation

1. Local Circulation
The Specific Plan Site is located within the area bounded by South Santa Monica Boulevard to the north, North Beverly Drive to the east, and North Rodeo Drive to the west. The locations of these streets are shown on SP Figure 8.

According to the California Highway System - Functional Classification Roads, used by the City to define the local street network, South Santa Monica Boulevard is a principal arterial, Beverly Drive is a minor arterial, and North Rodeo Drive is a local street with regional traffic carried by both Santa Monica Boulevard and Beverly Drive. The Project Site is adjacent to South Santa Monica Boulevard; note that North Santa MonicaBoulevard carries a larger proportion of the regional through traffic than South Santa MonicaBoulevard. South Santa Monica Boulevard extends from the City of Los Angeles border on the west and then merges with Burton Way on the east in Beverly Hills near Rexford Drive.

South Santa Monica Boulevard has two travel lanes in each direction, left turn lanes at intersections and no on street parking adjacent to the Site. Beverly Drive extends from Sunset Boulevard in the City of Beverly Hills on the north to just past National Boulevard in the City of Los Angeles to the south, and consists of two travel lanes in each direction with metered on street parking near the southern portion of the Site. North Rodeo Drive, the premier shopping street in Beverly Hills, extends from 18 156329300.21
Wilshire Boulevard in the south to Sunset Boulevard to the north and has two travel lanes in each direction, a left turn lane at Santa Monica Boulevard, a landscaped median south of the Site, and palm tree lined sidewalks on both sides.

Transportation improvements and facilities including alleys, driveways, and parking facilities shall be constructed within the Specific Plan Site to minimize parking and circulation impacts on adjoining streets. The alley, driveway, and parking facilities to be constructed within the Specific Plan Site shall be substantially as shown on SP Figures 9 through 12.Parking and Appurtenant Uses may be redistributed within the below grade levels from the distribution shown on the conceptual Architectural Plans submitted with the Specific Plan, dated 10/20/2020 and partially revised 12/28/2021 (Plans).

2. Transportation lmpacts
A Transportation Impact Report (Fehr & Peers, September 2021) was prepared and made available for public comment from September 17, 2021, through November 1, 2021 as Appendix H.1 of the Draft EIR. The Transportation Impact Report concludes that the Project qualifies for screening out of Vehicle Miles Traveled analysis and thus has a less than significant transportation impact.

A Local Transportation Assessment (Fehr & Peers, September 2021) was prepared in compliance with the City’s Local Transportation Assessment Guidelines (October 2019) and made available for public comment from September 17, 2021, through November 1, 2021 as Appendix H.2 of the Draft EIR. A Revised Local Transportation Assessment (Fehr & Peers, May 2022) was prepared and released in February 2022 as Appendix H.2 of the Final EIR. The Revised Local Transportation Assessment evaluated operations at 10 intersections near the Project under four different scenarios:
• Existing Traffic plus Project;
• Existing Traffic plus Existing Uses plus Project;
• Future Traffic plus Project; and
• Future Traffic plus Existing Uses plus Project.

The Revised Local Transportation Assessment concludes that projected operations exceed the City’s criteria set forth in its Local Transportation Assessment Guidelines where and as follows:

Existing Traffic plus Project • North Beverly Drive/South Santa Monica Boulevard o +20.2 seconds delay during AM peak period
Existing Traffic plus Existing
Uses plus Project
• North Beverly Drive/South Santa Monica Boulevard
o +20.1 second delay during AM peak period
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Future Traffic plus Project • North Rodeo Drive/North Santa Monica Boulevard o +8.2 seconds delay during PM peak period
• North Beverly Drive/South Santa Monica Boulevard
o +18.1 seconds delay during AM peak period
o +10.2 seconds delay during PM peak period.

Future Traffic plus Existing Uses
plus Project
• North Rodeo Drive/NorthSanta Monica Boulevard
o + 6.7 second delay during PM peak period
• North Beverly Drive/South Santa Monica Boulevard
o +18 seconds delay during AM peak period

3. Pedestrian Circulation
The Project and the public sidewalks of the three adjoining streets are designed to encourage pedestrians from neighboring areas to walk to the commercial uses at the Specific Plan Site, such as the Retail and Restaurants, and to provide an attractive pedestrian link within the Business Triangle between the North Rodeo Drive corridor and the North Beverly Drive corridor. The Project continues and enhances the pedestrian-oriented retail environment along North Rodeo Drive with two-story luxury Retail façades containing large transparent windows fronting along the sidewalk providing visual interest and window-shopping opportunities. The sidewalk has a landscaped parkway with street trees near the curb providing protection for pedestrians from traffic, as well as a new pedestrian plaza at the intersection of North Rodeo Drive and South Santa Monica Boulevard providing additional pedestrian space near the crosswalks; private artwork will be installed at the plaza.

Along South Santa Monica Boulevard, luxury Retail continues with large transparent windows fronting on the sidewalk. Dedication of an additional one and a half foot (1.5’) to three feet (3’) of surface rightof-way enlarges the existing sidewalk, which is also enhanced with a landscaped parkway with palms adjacent to the curb providing protection for pedestrians from traffic. The pedestrian access to the Hotel lobby is from the sidewalk along the side of the motor court, which is partially screened from pedestrians on the sidewalk by a low wall. The transparent lobby wall provides visual access to a large fine art mural to be installed at the rear lobby wall, which will provide visual interest to pedestrians. At the intersection of South Santa Monica Boulevard and North Beverly Drive, a gourmet Restaurant with large windows and openings provides an indoor/outdoor dining character to the pedestrian experience, which, along with an ancillary, pedestrian-only entrance to the Restaurant, will provide vibrant activity and interest for pedestrians along the sidewalk.

Along North Beverly Drive, the large windows and indoor/outdoor dining character of the Restaurant facing the sidewalk continue. Pedestrian access-only for Club members is provided via a lobby with an opening to the street. A landscape parkway with street trees at the curb protects pedestrians on the sidewalk from adjoining street traffic.

4. Parking and Loading Facilities
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The subterranean parking structure shall provide a minimum of 139 parking spaces in compliance with Section 4.4 of this Specific Plan and substantially as shown on SP Figures 10, 11, and 12. OnSite parking shall be below-grade with valet parking for Hotel guests, Club members, and Spa and Restaurant patrons primarily in tandem spaces and self-parked Retail VIP-VIC customer and employee parking primarily in single loaded spaces; these spaces provide parking for all land uses within the Specific Plan Site, with the exception of 33 spaces for Retail customer parking which shall be off-Site by participation in the City’s In Lieu Parking Program. Employee parking may, subject to subsequent approval, be provided off-Site as provided for in Section 4.4(B). Truck loading spaces may be used for staging of pick-up and drop-off of passenger vehicles during occasional peak-event times, including times of general peak event congestion in the City.

The Project’s full-size loading areas shall be located at grade and located in the southern portion of the Site (see SP Figures 9 and 29); two smaller format van loading spaces will be provided below grade (see Specific Plan Figure 10).

3.4 UTILITIES
Due to the long-time operation of commercial uses at the Specific Plan Site and the urbanized nature of the surrounding area, the Specific Plan Site is currently provided with facilities for sewage, water, drainage, solid waste disposal, and energy. The Specific Plan Project has been studied to determine if the development will require additional sewage, water, solid waste disposal, energy, or other essential facilities. Supporting information and analyses have been documented in a “Utility Memorandum”, dated August 14, 2020 prepared by Kimley Horn as well as a “Preliminary Hydrology & Hydraulics Report”, dated August 14, 2020 prepared by Kimley Horn. The Project will be required to pay its fair share to mitigate any cumulative impacts on City facilities. Planning level work has been done with the applicable utility service providers to determine the Project’s demands on each system. In addition, all utility construction, connections, and maintenance shall conform to the provisions of the BHMC.

Implementation of the Specific Plan will require relocation of certain utilities substantially as shown on SP Figures 13 through 18.

A. Water
The City of Beverly Hills Water Department provides water to the Specific Plan Site. Existing water lines running along South Santa Monica Boulevard, North Beverly Drive, and the alley forming a looped distribution system. The Project proposes to interrupt the water line loop in the alley at the southern edge of the Site and South Santa Monica Boulevard. The alley line will be looped back down the existing alley. The line at South Santa Monica Boulevard will be capped at its current connection to the alley line. SP Figure 13 shows the proposed relocation of the water distribution system that serves the Specific Plan Site and adjacent buildings.

The Utility Memorandum provides further detail showing the projected water service required by the Project. City water service infrastructure does not need to be upgraded to serve the Project.

The applicant has coordinated with the Director of Public Works at the City of Beverly Hills and the City’s consultant, CIVILTEC Engineering Inc., with regard to the above noted relocation as well as the capacity of the existing supply and distribution of water to accommodate the Project’s water demand.

The applicant understands that CIVILTEC has completed a preliminary memorandum to confirm the viability of a looped water system within the existing alley. Similarly, the City has performed an initial hydraulic analysis and confirmed that additional water mains will not be required to service the load requirement of the Specific Plan Site.

B. Sewer
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The City of Beverly Hills Public Works Department provides sewer service to the Specific Plan Site.

An existing sanitary sewer line runs within South Santa Monica Boulevard from the commercial buildings north of the Site, through the Site and south along the alley. The existing sewer line will be capped on both sides of the Site. Existing sewer service lines in South Santa Monica Boulevard will be extended to the east to connect to an existing manhole and sewer line on South Santa Monica Boulevard between North Beverly Drive and Cannon Drive. The sewer line within the alley will be terminated at the southern edge of the Site. SP Figure 14 shows the proposed relocation of the sewer facilities servicing the Site and adjacent buildings.

The Utility Memorandum provides further detail showing the projected sewer loads from the Project and verifies that the City infrastructure does not need to be upgraded as a result of the Project.

The applicant has coordinated with the Public Works Department of the City of Beverly Hills with regard to the relocation and capacity of the existing sewer lines to accommodate the wastewater generated by the Project; the Department has approved the proposed conceptual plan and supporting documentation as provided in the Utility Memorandum.

C. Solid Waste Disposal
Solid waste disposal for the Specific Plan Site is provided through a franchise with the City. All solid waste generated by the Project will be disposed of at landfills in Los Angeles or Riverside Counties.

Solid waste generation projections for the Specific Plan Site are determined by the Project size and usage typology. Projections by the City’s environmental consultant will determine if any mitigation measures will be required for solid waste disposal facilities and landfill capacities to accommodate the Project’s projected solid waste.

D. Storm Drain
The City of Beverly Hills Public Works Department provides storm drain service to the Specific Plan Site. An existing storm drain line runs along South Santa Monica Boulevard flowing to the west. The location of this line is outside of the boundary of the Site. The location of storm drain facilities and proposed storm drain plan tie-in for the Project are shown on SP Figure 15.

The Site was previously developed with commercial buildings and parking facilities with no landscape area. Implementation of the Project adds planted surface areas over structure, which will reduce the amount of impermeable land on the Site and will thereby reduce the amount of stormwater runoff from the Site. In addition, development within the Site will be required to comply with the City’s National Pollution Discharge Elimination System (NPDES) Permit and the City’s stormwater and urban runoff management ordinance (BHMC Title 9, Chapter 4, Article 5). The Preliminary Hydrology & Hydraulics Report provides further detail showing the reduced stormwater flow from the Site.

E. Energy
Southern California Edison Company (SCE) provides electricity to the Specific Plan Site and Southern California Gas Company (SCG) provides natural gas to the Specific Plan Site.

Existing underground electrical service lines are run along South Santa Monica Boulevard and the alley. SCE main lines will both be capped on either side of the Site. SCE will require additional conduits and structures be installed within the existing alley to accommodate service feeds to the neighboring properties. SCE will also require a new vault to be installed on North Beverly Drive to accommodate the service to the Site. Other electric equipment will be installed in the open-air Electric Capacitor Yard on the Site to improve the power delivery quality on the circuitry as determined by 22 156329300.21
SCE; see Section 4.8(E) regarding the Electric Capacitor Yard. SP Figure 16 shows the proposed relocation of electrical facilities. Additionally, the Utility Memorandum provides further detail showing the projected electrical loads of the Project and the work that has been done with SCE to provide service, including preliminary design plans provided by SCE.

Existing natural gas lines run along South Santa Monica Boulevard and the alley. SCG main lines will both be capped on both sides of the Specific Plan Site. SCG will require a new connection be installed within South Santa Monica Boulevard to the east or to the west to connect the existing gas line to service. The direction will be determined by the SCG engineering department in their final design.

SCG will install their service to the Project from the existing alley. SP Figure 17 shows the proposed relocation of existing gas facilities. Additionally, the Utility Memorandum provides further detail showing the projected gas loads of the Project and the work that has been done with SCG to provide service. SCG has completed preliminary design plans that show the work needed to support the Project.

The applicant has coordinated with with regard to the relocation and capacity of the existing supply and distribution facilities for electricity and natural gas to accommodate the Project’s demands.

F. Telecom
AT&T and Spectrum provide telecommunication service (cable/internet) to the Specific Plan Site.

Existing underground telecom service lines are provided along South Santa Monica Boulevard and the alley. Telecom lines will be capped on both sides of the Site. The telecom providers have requested additional conduits be installed within the existing alley to accommodate service feeds to the Project and the neighboring properties. SP Figure 18 shows the proposed relocation of telecom distribution structures to be installed to serve the Project. The applicant has coordinated with AT&T with regard to their equipment in the area and they have provided confirmation of these preliminary plans.
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CHAPTER 4.0 – DEVELOPMENT STANDARDS AND GUIDELINES

4.1 GENERAL PROVISIONS
The Specific Plan is a policy and regulatory document, and all development within the Specific Plan Site shall be governed by the Specific Plan in accordance with the Development Standards and guidelines contained herein. Where this Specific Plan is silent, the BHMC applies. The provisions of BHMC Title 10, Chapter 3, Article 28.6 shall not apply to this Specific Plan unless specifically provided herein.

4.2 PERMITTED USES
The uses set forth below are permitted uses within the Specific Plan Site. If a use is not listed below, or is determined not to be a similar use consistent with the goals and objectives of the Specific Plan by the Director of Community Development pursuant to Section 4.2(B)(1), then such use shall be prohibited unless a Conditional Use Permit is approved by the Planning Commission pursuant Section

4.2(B)(2) and the procedures set forth in BHMC Title 10, Chapter 3, Article 38. The foregoing notwithstanding, uses that must be permitted pursuant to State or Federal law shall be deemed permitted uses, and shall comply with any and all provisions of the BHMC regarding such uses.

A. COMMERCIAL AREAS

1. Hotel and Appurtenant Uses substantially as shown on SP Figure 6 and illustrated on Plans Sheets A111-A192.2
a. The 115 Hotel guest rooms may be rented jointly so that maximum occupancy would number less than 115 separate rentals or Keys, but may not be rented so that maximum occupancy exceeds 115 separate rentals or Keys.
b. The Penthouse shown on SP Figure 27 and illustrated on Plans Sheet A191 may be used for events no more than 6 times per year, with nonlodging occupancy limited to 75.

2. A private Club and Appurtenant Uses in the areas substantially as shown on SP Figures 19, 20, 21, 25 and 26, and illustrated on Plan Sheets A111, A121,A131, A171 and A181.
a. No more than 500 individual Club memberships may be sold; no group or family memberships may be sold.
b. Members may each bring a maximum of two guests at any one time to use Club facilities, provided that no Club member guests shall be allowed to access the Wellness Center.
c. The screening room shall have no more than 36 fixed seats. The screening room may be let to the public in its entirety only, solely on a prior-reservation basis.
2 All SP Figures to be updated as necessary at the conclusion of the hearing process; SP Figures 20-28 will be added to the Specific Plan after the hearing process; cross-references to the applicable Plans Sheets are provided for convenience.
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d. Up to 52 Club events per year, open by reservation to no more than 50 attendees who shall be Club members and their guests, may be held in the areas shown on SP Figures 20, 21, 24 and 25 and illustrated on Plans Sheets A121, A131, A161 and A171.
e. Up to 6 Club events per year, open by reservation to no more than 150 attendees who shall be Club members and their guests and Hotel guests, may be held in the areas shown on SP Figures 20, 21, 24 and 25 and illustrated on Plans Sheets A121, A131, A161 and A171.

3. Restaurants operated as non-Appurtenant Uses, i.e., open to the public, in the areas substantially as shown on SP Figures 19 and 24, and illustrated on Plans Sheets A111 and A161. At the discretion of the operator, the Restaurant shown on SP Figure 24, and illustrated on Plans Sheet A161, shall be operated as open to the public, except that it may be reserved for use by Hotel guests, Club members, and their respective guests during those club events allowed pursuant to Section 4.2(A)(2)(e), i.e., those 6 Club events per year that are open by reservation to no more than 150 attendees who shall be Club members and their guests and Hotel guests. The Restaurant in the area substantially as shown on SP Figure 19 and illustrated on Plans Sheet A111 shall be operated as open to the public.

4. Alcohol sales (on-Site and off-Site) and consumption throughout the Specific Plan Site in conjunction with room service, Restaurants including open-air dining on private property, and food and beverage establishments, subject only to issuance of a Department of Alcoholic Beverage Control license.

5. Amplified entertainment including live music and karaoke, conducted indoors and outdoors, as an ancillary use in conjunction with a Hotel, Club, or Restaurant use, subject to BHMC Title 5, Chapter 1, Article 1 and Article 2, Section 5-1-202.

Indoor amplified entertainment shall be permitted only in those areas identified onSP Figures 19, 20, 21, 24 and 25, and illustrated on Plans Sheets A111, A121, A131, A161 and A171. Outdoor amplified entertainment shall be permitted only in those areas identified on SP Figures 24, 25, 27, 43, and 44, illustrated on Plans Sheets A161, A171 and A191, and only between the hours of 11 a.m. and 11 p.m.

6. Retail in the areas substantially as shown on SP Figure 6, 19, and 20, and illustrated on Plans Sheets A111 and A121.

B. OTHER USES

1. Other similar uses may be permitted by the Director on a determination that they are consistent with the goals and objectives of the Specific Plan pursuant to the Administrative Modification provisions of Section 6.3. Those Appurtenant Service Uses listed in BHMC Title 10, Chapter 3, Article 28.6, section 10-3-2861 are presumed to be consistent with the goals and objectives of the Specific Plan.

2. Additional uses not listed in Section 4.2(A) or authorized by the Director pursuant to Section 4.2(B)(1) may be authorized by a Conditional Use Permit approved by the Planning Commission pursuant to the procedures set forth in BHMC Title 10, Chapter 3, Article 38. The Planning Commission may approve such additional 25 156329300.21
uses if the Commission finds that (i) the proposed location of any such uses will not be detrimental to adjacent property or to the public welfare, (ii) such uses do not materially alter the distribution, location, and extent of the uses of land as set forth in the Specific Plan, and (iii) the uses fulfill the intent of the Specific Plan as described in Section 1.3 (Goals and Objectives).

4.3 PORTE COCHERE AND MOTOR COURT
The drop-off and pick-up area located between a public street and an entry to a hotel is the motor court. The porte cochere is the roof covering the motor court. The size of the porte cochere is limited to the size substantially as shown on SP Figure 19 and illustrated on Plans Sheets A111 and A131, and which is adequate to serve the Project. The porte cochere is supported on columns and may be attached on up to three sides of the multiple use building.

A. A minimum nine (9) pick-up and drop-off spaces shall be provided in the motor court which may be covered by a porte cochere. Spaces shall comply with sizes described in section 4.4.D.1.

B. Included in the minimum pick-up and drop-off spaces above are two (2) taxi/ride sharing vehicle spaces, which shall be provided in the motor court.

4.4 PARKING AND LOADING
Any project developed under this Specific Plan shall only comply with the parking requirements provisions, and limitations of this Specific Plan. BHMC Title 10, Chapter 3, Article 28.6, Section 10-3- 2866 and Article 27, Sections 10-3-2730 through 10-3-2732, 10-3-2734, 10-3-2736 through 10-3- 2742, and 10-3-2744 for parking and loading spaces shall not apply to this Specific Plan.

A. The Project’s parking requirements shall be as set forth in Table 2 – Parking Requirements, on the basis of the findings set forth in Section 2.6.

Table 2 – Parking Requirements
Type of Use Ratio of Required Parking Spaces1

1. Hotel Rooms 0.83 space per rentable hotel room.

2. Hotel and Club Appurtenant Uses, including Restaurants operated as Appurtenant Uses (not open to the public) Included in Hotel room and Club parking requirement, except as otherwise provided for in Specific Plan
Section 4.4.

3. Restaurants operated as non-Appurtenant Uses (includes BOH, serving area, kitchen, restrooms and seating areas) 1 space per 350 square feet of floor area. ­ Ground Floor ------------------------------------------------------ ­ 6th Floor ------------------------------------------------------

4. Non-Appurtenant open-air dining on private property
­ 6th Floor 1 space per 350 square feet of floor area.
------------------------------------------------------

5. Retail and other commercial uses permitted under the Specific Plan and not otherwise specified in this Table 22 1 space per 350 square feet of floor area; less fifty percent (50%) of the number of spaces provided for Hotel 26 156329300.21
guest rooms up to, but not exceeding, the number of
Retail spaces provided on-Site.

6. 3rd floor Club Facilities (includes meeting rooms, screening room and lounge and bar) 1 space per 350 square feet of floor area.

BHMC Title 10, Chapter 3, Article 28.6, section 10-3-2866(I) – Project parking requirement subject to fifteen percent (15%) reduction with the exception of Club Facilities and Retail (no. 5 and no. 6 of this Table 2).

1. This parking requirement can be satisfied by providing tandem or compact parking spaces in compliance with the standards set forth in Specific Plan Section 4.4(D).

2. Thirty-three percent of the required Retail parking spaces shall be provided on-Site for employees. With the exception of 15 spaces for VIP-VIC Retail customers, Retail customer parking shall be provided off-Site via participation in the In Lieu Parking Program. Previously obtained in lieu parking spaces for prior retail uses on the Site shall be credited to the Project.

B. Off-Site Employee Parking

1. Subject to the approval of the Director of Community Development, employee parking for the Project may be provided off-Site within 750’ of the Site, on property owned by the Project owner or operator or on property in another ownership, provided that the Specific Plan operator shall furnish satisfactory evidence to the Director of a legal right to parking at the off-Site location.

C. Retail Parking

1. Thirty-three percent of the required Retail parking spaces shall be provided onsite for employees.

2. Fifteen parking spaces for VIP-VIC Retail customers shopping by appointment shall be provided on-Site.

3. The balance of the Project’s Retail customer parking shall be provided off-site via participation in the In-Lieu Parking District, provided that the bulk and size limits for the Site’s participation in the In-Lieu Parking District shall be those established for the Project by this Specific Plan at Sections 4.5 and 4.6 and the restrictions in BHMC Section 10-3-3302 shall not apply.
a. The City has previously approved, and the applicant’s predecessor in interest has paid the required fees to secure, 5 parking spaces to support retail uses at 468 North Rodeo Drive, which shall be credited against the off-Site parking requirements for the Project. The balance of the Retail customer spaces for the Project to be secured by payment of the In Lieu rate per space and shall be determined based on the Retail square footage in the Project’s approved construction plans at the ratio set forth in Table 2.
b. Any additional Retail customer parking spaces required as a result of an approval to increase Retail square footage pursuant to Section 6.3 shall be calculated at the ratio set forth in Table 2 and purchased at the thenapplicable rate.

D. General Parking Provisions
Valet parking shall be available for Hotel guests, Club members and their respective guests, and Restaurant, and Spa patrons, unless otherwise approved by the Director of Community Development pursuant to a parking management plan reviewed as an Administrative Modification pursuant to 27 156329300.21
Section 6.3. Valet service for Club members and their guests will be provided on North Beverly, with access for Club members and their guests to the building via the Club lobby; Club members will also self-park. VIP-VIC Retail customers shopping by appointment and all employees shall self-park. If the number of Hotel rooms is modified and a parking survey supports the need for additional parking, then the parking requirement shall be adjusted consistent with the requirements as outlined herein.

1. Parking Space Dimensions and Aisle Width
a. Standard Space: 9 feet by 19 feet (minimum). 9 feet by 26 feet for parallel parking. 9 feet by 19 feet for parallel parking with direct access from drive aisle.
b. Compact Space: 7 feet 6 inches by 17 feet.
c. Minimum Aisle Width: 26 feet for two-way traffic with 90° parking; 20 feet in the motor court; 14 feet minimum for parallel parking layout; 12 feet minimum for one-way ramps and drive aisles without parallel parking if approved by the Director of Transportation and Engineering. The Director of Transportation and Engineering shall determine the appropriate aisle width where parking spaces are provided at less than a 90o angle to a drive aisle.
d. Tandem Space: Dimensions and aisle width of tandem spaces are the same as those listed for compact or standard as described in 1a, 1b, and 1c above.

2. Tandem and Stacked Spaces
a. Each required parking space within the parking area shall be individually and easily accessible, except that automobiles may be parked permanently in tandem.
b. Permanent tandem spaces shall not exceed thirty five percent (35%) of the total spaces on the Site.
c. Stacked parking in drive aisles is permitted provided attendants are available to park vehicles consistent with the Valet Parking Management Plan.

3. Parking Under the Sidewalk
a. Ten (10) feet below grade, parking spaces and aisles may extend under the public sidewalk up to the existing curb, subject to approval of an encroachment agreement with the City.

4. Limitations
a. Except for valet and ride share/taxi drop-off and pick-up in the motor court and on North Beverly, above grade loading spaces accessed from the alley and off-Site Retail guest parking, all parking and loading accommodations shall be below grade.
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b. No more than 25 percent (25%) of the parking spaces shall be compact parking spaces.
c. For the multiple uses authorized by this Specific Plan, the total off-street parking requirement shall be the sum of the requirements for the various uses listed in Section 4.4(A) unless demonstrated during the approval process by the applicant or the City that reduced parking is justified due to the nature of the uses proposed on the Site.
d. The limitations of this Section 4.4.D.2(b) and Section 4.4 D.4(b) shall not apply to parking spaces provided in excess of the number of required spaces.

E. Loading Spaces

1. Number of Loading Spaces.
a. Two (2) truck loading spaces shall be provided for the Specific Plan Site substantially in the location and dimensions shown on SP Figure 29.

Loading Bay #1 as shown on SP Figure 29 is restricted to use by SU-30 vehicles and smaller, while Loading Bay #2 as shown on SP Figure 29 may accommodate SU-40 vehicles and smaller. In addition, two (2) smaller van loading spaces shall be provided in the subterranean garage.

2. Loading spaces minimum dimensions.
a. Truck loading spaces: thirty-five feet (35’) length, twelve feet (12’) width, and fourteen (14’) overhead, turning radius forty feet (40’), forty-five feet (45’) backup.
b. Van loading spaces: twenty-five feet (25’) length, ten feet (10’)width, eight feet (8’) overhead, twenty-five feet (25’) turning radius, twenty-five feet (25’) backup.
c. Loading spaces shall be shared by all uses on the Site. d. Truck loading spaces can be used for staging of pick-up and drop-off of passenger vehicles during occasional peak-event times, including times of general peak event congestion in the City, provided that Hotel or valet staff is available to manage traffic.

F. Bicycle Parking

1. Per the 2019 California Green Building Code requirements, long-term bicycle parking spaces equal in number to five percent (5%) of the number of vehicle parking spaces on Site (excluding truck and van loading spaces) shall be provided, located in the basement, and short-term bicycle parking spaces for guests and visitors equal in number to five percent (5%) of the number of vehicle parking spaces shall be provided located at grade.

2. A minimum of twenty five percent (25%) of the long-term bicycle parking spaces shall provide charging facilities for electric bicycles. 29 156329300.21

4.5 BUILDING HEIGHT
A. Measurement of Height. The height of a building shall be defined as the distance from the highest point of the public sidewalk adjoining the lot or parcel upon which the building or structure is to be erected (0’-0”), whichever is higher, to the highest element of the building or structure. The following elements of a building or structure shall not be considered when determining conformance with the maximum allowable one hundred and fifteen feet (115’) height:

1. Vent pipes that are not higher than required by law.

2. Chimneys that are not higher than required by law.

3. Structures enclosing stairs to be carried to the roof if such enclosing structure is used for no other purpose than enclosing the stairs and is no larger than the stair shaft below and if such enclosure is not more than fifteen feet (15') in height as measured from the adjacent roof deck (finished walking surface of the roof).

4. Structures used for mechanical equipment for the building including solar collectors spanning this mechanical equipment, stairs, and elevator shafts shall not be more than twenty-three feet (23’) in height measured from the adjacent roof deck. Such structures shall be used solely for the purpose of providing the minimum space for the elevators and associated lobbies and the aforementioned equipment.

5. Parapets and handrails associated with balconies or other usable outdoor spaces shall not exceed more than forty-six inches (46") in height as measured from the roof or floor which they surround.

6. Shade structures and Cabanas (semi-permanent structures which provide shade, space for lounging and have amenities such as power outlets, audio/visual equipment and can be reserved or rented by hotel guests or club members) at pool decks shall not be higher than fifteen feet (15’) above the adjacent roof and/or pool deck.

7. Pools and an area no more than ten feet (10’-0”) to the sides of the pool gutter shall not be higher than two feet (2’-0”) above the adjacent roof deck. Rooftop barriers for wind protection and sound attenuation around pool decks shall be measured from the level of the raised pool deck if the pool deck is within five feet (5’-0”) of the roof edge.

8. Rooftop barriers for wind protection and sound attenuation around pool decks and outdoor Restaurants shall be at least six feet (6’) in height and not be higher than eight feet (8’). Barriers should be of relatively transparent materials above forty-six inches (46”). Visual transparency only shall be evaluated by the Architectural Commission with regard to factors such as, but not limited to, a barrier’s visibility from the street and its sun exposure.

9. Unoccupied architectural features, such as skylights and clerestories, not more than fifteen feet (15') in height as measured from the adjacent roof deck if such features do not exceed thirty-three percent (33%) of the roof area upon which they are located, and no such feature exceeds or intersects a line projecting from 30 156329300.21
the perimeter of the roof upward at an angle of forty-five degrees (45°) from the horizontal.

10. Antennas, other than satellite dish antennas, that do not exceed fifteen feet (15') in height as measured from the surface on which the antennas are mounted and do not exceed fifteen feet (15') above the applicable zoning height limit unless a minor accommodation permit and a building permit are obtained in accordance with the provisions of BHMC Section 10-3-4506.

11. Satellite dish antennas that do not exceed fifteen feet (15') in height as measured from the surface on which the antennas are mounted and do not exceed fifteen feet (15') above the applicable zoning height limit unless a minor accommodation permit and a building permit are obtained in accordance with the provisions of BHMC Sections 10-3-4506 and 10-3-4504.

B. Building Height Envelope. SP Figure 30 illustrates the heights of buildings within the Specific Plan Site. The building heights shall be consistent with the heights shown on SP Figure 30 and not exceed the height envelope shown in the Plans. Height envelope is defined as the outline of a building indicating the height of the building at each point within the building footprint. The height envelope of the Specific Plan Site (see SP Figures 30-36) is as follows:

1. North Rodeo Drive frontage: the height of the building within twenty feet (20') of the Site's property line on North Rodeo Drive shall not exceed fifty-one feet (51’); the height of the building within seventy feet (70') of the Site's property line on North Rodeo Drive shall not exceed sixty-six feet (66'); the height of the building within one hundred seventy feet (170') of the Site's property line on North Rodeo Drive shall not exceed one hundred three feet (103’).

2. South Santa Monica Boulevard frontage: the height of the building within eight feet (8') of the Site's property line on South Santa Monica Boulevard and one hundred fifty-five (155’) from the Site’s property line along North Beverly Drive shall not exceed seventy eight feet six inches (78'-6”); the height of the building within eight feet (8') of the Site's property line on South Santa Monica Boulevard and one hundred seventy feet (170’) from the Site’s property line along North Rodeo Drive shall not exceed sixty-six feet (66’); the height of the building within seventeen feet (17') of the Site's property line on South Santa Monica Boulevard and one hundred fifty five feet (155’) from the Site’s property line along North Beverly Drive shall not exceed one hundred three feet (103’).

3. North Beverly Drive frontage: the height of the building within ten feet (10') of the Site's property line on North Beverly Drive shall not exceed seventy-eight feet six inches (78'-6”); the height of the building within seventeen feet (17') of the Site's property line on North Beverly Drive shall not exceed one hundred three feet (103’).

4. Southern property line: the height of the building shall not exceed one hundred fifteen feet (115') along the southern property line.
31 156329300.21

5. Pedestrian Plaza: at the northwest corner of the Project Site at North Rodeo Drive and South Santa Monica Boulevard, no structure shall be built above-grade within twenty feet (20') of the Site's property line on North Rodeo Drive and thirtyfive feet (35’) from the Site’s property line on South Santa Monica Boulevard.

4.6 INTENSITY AND CAPACITIES
Maximum intensity and capacities for the Site are as follows:

A. Maximum FAR

1. Exterior walls, stair shafts, elevators, elevator lobbies less than one hundred (100) square feet per cab, parking spaces and access, mechanical equipment/machinery rooms, outdoor dining areas, decks (covered and uncovered), and balconies (covered and uncovered)shall not be included in floor area calculations. For subterranean levels, up to two thousand (2,000) square feet of floor area per level devoted exclusively to storage shall not be counted in the floor area.

2. The above-grade portion of the multiple use building on the Specific Plan Site shall have a maximum aggregate FAR no greater than 3.9, and the entirety of the multiple use building on the Specific Plan Site (including subsurface areas) shall have a maximum aggregate FAR no greater than 4.2.

B. Maximum Number of Hotel Rooms
A Hotel room is a single room or suite of rooms designed for occupancy as a single unit, exclusive of units designed or used for occupancy by on-site management and/or maintenance personnel. The maximum permitted Hotel rooms shall be one hundred and fifteen (115) separately rentable rooms or Keys.

4.7 SIGN STANDARDS
All signs shall be subject to architectural review pursuant to the procedures set forth in BHMC Title 10, Chapter 4. The signage shall be consistent with the provisions in the BHMC Title 10, Chapter 4 in terms of permitted size, but the Director shall have the authority to approve alternative locations of the signage to meet the objectives of the Specific Plan, including to provide direction to uses on the Site.

4.8 ARCHITECTURE AND DESIGN
A. Hotel Driven Multiple Use Building
The Hotel driven multiple use building shall be constructed substantially as shown on SP Figures 19 through 28 of the Specific Plan (see Plans Sheets A111-A192).

B. Open Space/Landscaping/Art

1. The landscaping shall be developed substantially as shown on SP Figures 37 through 39 of the Specific Plan. The landscaping shall meet the following criteria:
a. The location and type of plant materials shall respond to and complement the architectural design of the buildings in the Specific Plan Site and shall be integrated with the buildings as an additional architectural element. 32 156329300.21
b. Landscaping shall be used to highlight entries, contrast with or reinforce building lines and volumes, soften hard structural lines and building mass, and define pedestrian activity areas such as the adjoining streetscapes, the Hotel lobby entrance, the deck top Restaurants, and pool areas.

2. A plaza shall be provided at the corner of South Santa Monica Boulevard and North Rodeo Drive with enhanced paving and private art as shown on SP Figures 7 and 19.

3. Special paving may be provided within the sidewalk right-of-way subject to City Engineer approval for adequacy of the sidewalk’s static coefficient of friction.

C. Ground Floor Street Frontage and Building Setbacks
The ground floor street façade of the multiple use building shall be constructed substantially as shown in SP Figures 19, 38 and 39.

1. The majority of the ground floor street façades shall be located at or within five feet (5’) of the property line, except for the motor court and plaza, and shall contain pedestrian-oriented uses including retail, restaurants, lounges, and a secondary entrance to upper levels. Some restaurant lounge/windows shall open to the sidewalk providing an indoor/outdoor dining character along the street.

2. The motor court with its special paving, two-story landscaped porte cochere and landscaped screening shall clearly define both pedestrian and vehicular drop-off and pick-up and enhance the hotel lobby which shall be recessed from South Santa Monica Boulevard for privacy and security.

3. The parking and alley entrances shall be integrated with the façade of the multiple use structure and include art, textured paving, and a similar façade treatment for the portion of the building located twenty feet (20’) above the alley to the rest of the façade.

D. Awnings
Awnings shall be allowed to project beyond the property line on the three street frontages (North Rodeo Drive, South Santa Monica Boulevard, and North Beverly Drive) as allowed by the California Building Code section 3202. Building projections eight feet (8’-0”) or more, but less than fifteen feet (15’-0”) above finish grade may be provided limited to 2/3 the width of the sidewalk, measuring from the building. Projections fifteen feet (15’-0”) or more above finish grade shall not be limited.

E. Electric Capacitor Yard
In order to improve the power delivery quality on the circuitry in the Project when there is a spike in electrical demand, a capacitor is required. An open-air electric capacitor yard (Capacitor Yard) is required with access from North Beverly Drive substantially as shown in SP Figures 19 and 29. A fence up to twenty feet (20’) high made of a material in keeping with the architectural style of the building shall be used to screen the Capacitor Yard. It should have at least a six foot (6’) wide gate that opens fully for maintenance. The sidewalk in front of the Capacitor Yard shall be constructed of H-20 strength concrete to withstand the weight of a utility truck in the event that it may need to drive partially on the sidewalk for the installation or maintenance of equipment. The area in front of the Capacitor Yard should be clear of trees, streetlights, or other obstructions. Maintenance is infrequent for this type of equipment and has been known to not require full replacement for twenty or more 33 156329300.21
years. In the event that replacement of the electric capacitor is required, the area above the capacitor pad should be open to the sky to allow a boom truck crane to access the equipment.

F. Architectural Review
Prior to the issuance of building permits, the design, materials and finishes of the buildings, and landscaping shall be subject to the review and approval of the Architectural Commission and shall be generally consistent with the building elevations and renderings presented to the City Council as shown in SP Figures 38 through 42. After Architectural Commission approval, all development that, in the determination of the Director, is in substantial conformance with the design, materials and finishes of the buildings, and landscaping, approved by the Architectural Commission shall be issued construction permits without further discretionary review, including architectural review. Any subsequent construction or modification to the exterior of the structures within the Specific Plan Site that is not in substantial conformance with prior Architectural Commission approval(s) shall be subject to architectural review pursuant to the procedures set forth in BHMC Title 10, Chapter 3, Article 30.

4.9 GREEN BUILDING STANDARDS
Development in the Specific Plan Site shall incorporate green construction standards and design consistent with the Leadership in Energy and Environmental Design (LEED) Green Building Rating System with a minimum rating of ‘Gold.’ The intent of LEED is to provide a national definition and standard of what constitutes green building and then to provide third-party certification to assure correct implementation of the standard. LEED is based on a point system that determines one of four levels of certification a given building or project can achieve. The LEED categories include Sustainable Sites, Water Efficiency, Energy & Atmosphere, Materials & Resources, Indoor Environmental Quality, and Innovation and Design Process. At the discretion of the Community Development Director, an alternate third party rating system may be used.

The following LEED-consistent features shall be incorporated into the Specific Plan:

A. Recessed windows, balconies and overhangs to shade window glazing, while allowing reflected and diffuse daylight into the building to enhance the use of natural light and reduce the need for artificial light sources;
B. Proximity to public transportation;
C. Provide transit passes to Hotel and Club employees who use public transportation to travel to and from work;
D. Provide transit passes to Hotel guests on request;
E. Landscaping and exterior design utilizing subterranean parking and landscaped and shaded non-roof surfaces, light-colored, low-albedo roof surfaces to reduce local heat island effects;
F. The reduction of chlorofluorocarbons (CFCs) from the building systems; G. The selection of materials, such as adhesives, sealants, paints, and carpeting, that reduce off-gassing to improve internal air quality;
H. The involvement during design and construction of a LEED Accredited Professional; 34 156329300.21
I. Installation of electric vehicle charging equipment and bicycle parking including charging facilities for electric bicycles;
J. Solar collectors for 15% of the roof area excluding skylight areas for energy efficiency; K. Track energy usage through advanced energy metering; L. Recycling of a minimum of 65% of demolition and construction debris; M. The use of stormwater for irrigation for landscape;
N. The use of greywater to offset building systems use of potable water; O. Reduce the Projects’ embodied carbon through the reduction of petroleum-based insulation products;
P. Achieve energy savings of 18% over ASHRAE (American Society of Heating, Refrigerating and Air-Conditioning Engineers); and
Q. During construction, treat and reuse any water collected from dewatering operations. 35 156329300.21
CHAPTER 5.0 – OPERATIONAL STANDARDS

5.1 ACCESS STANDARDS
Access to the Site shall be as provided in Table 3 – Site Access.

Table 3 – Site Access
Access
Floor Use Club Members Hotel Guests Public
1 Retail X X X
1 Restaurant X X X
1 Club Lobby X - -
2 Appurtenant Use Restaurant X X -
3-8 Hotel Guests’ Rooms - X -
3 Club Lounge X - -
3 Club Meeting Rooms X - -
3 Club Screening Room X - X1
4 Spa X X X2
6 Pool and Deck3 X X -
6 Restaurant and Poolside Bar4 X X X
7 Appurtenant Use Restaurant
and Terrace X X -
8 Wellness Center and Terrace3 X X -
9 Penthouse - X X5

1. The screening room may be let to the public in its entirety by prior reservation only.

2. By appointment only.

3. Access by Hotel guests and Club members only, no outside guests.

4. At the operator’s discretion, may be reserved for use solely by Hotel guests, Club members, and their respective guests. May be used for maximum 150-attendee, by reservation only special events open to Club Members, their guests, and Hotel guests, no more than 6 times per year.

5. By reservation only for non-lodging uses, no more than 6 times per year, for events with attendance limited to 75, subject to the City’s Noise Ordinance and the Public Use Hours of Operation provided in Specific Plan Section 5.2(B), Table 5 – Public Use Hours of Operation.

5.2 HOURS
A. Operating hours for Hotel, Club, and Appurtenant Uses (including Restaurants operated as Appurtenant Uses, i.e., reserved for the use of Hotel guests, Club members and their respective guests) shall be as listed in Table 4 – Hotel and Club Uses Hours of Operation.
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Table 4 – Hotel and Club Uses Hours of Operation
Hours Sunday through Thursday Friday and Saturday
INDOOR 24 hours 24 hours
OUTDOOR1 6 a.m. to 12 a.m. (midnight) 6 a.m. to 2 a.m.
1 As provided in Specific Plan Section 4.2(A)(5), outdoor amplified entertainment shall be permitted only in those areas identified on SP Figures 43 and 44, and only between the hours of 11 a.m. and 11 p.m.

B. Operating hours of other uses open to the public shall be as listed in Table 5 – Public Use Hours of Operation.

Table 5 – Public Use Hours of Operation
Hours Sunday through Thursday Friday and Saturday
RETAIL
SPA1
7 a.m. to 10 p.m.
7 a.m. to 10 p.m.
9 a.m. to 10 p.m.
7 a.m. to 10 p.m.

RESTAURANT
• Ground Floor
• Sixth Floor2, 3
PENTHOUSE3, 4
6 a.m. to 12 a.m. (midnight)
6 a.m. to 12 a.m. (midnight)
6 a.m. to 2 a.m.
6 a.m. to 2 a.m.
1 Applicable only to public, by-appointment only, access to the Spa. 2 Applicable only to the extent and when open to the public. 3 As provided in Specific Plan Section 4.2(A)(5), outdoor amplified entertainment shall be permitted only in those areas identified on SP Figures 43 and 44, and only between the hours of 11 a.m. and 11 p.m. 4 Applicable only to the extent and when used for events pursuant to Section 4.2.A.1(b).

5.3 OPEN AIR DINING
BHMC Title 10, Chapter 3, Article 35 shall not apply to any project developed under this Specific Plan.

Open air dining on private property shall be permitted within the Specific Plan Site generally in those areas identified on SP Figure 45, subject to the following conditions:

A. Lights shall illuminate open air dining areas and shall not significantly adversely impact neighboring properties.

B. No alcoholic beverages shall be served or consumed in open air dining areas without the required license and approval from the State Department of Alcoholic Beverages Control.

C. Portable heaters shall be located a minimum of three feet from any combustible material and shall be located entirety within the seating area.
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CHAPTER 6.0 – IMPLEMENTATION AND ADMINISTRATION

6.1 PURPOSE
This chapter sets forth criteria for administration of the Specific Plan, provisions for amendments to the Specific Plan, and financing. Chapter 2.0 addresses General Plan and zoning amendments and Specific Plan consistency.

6.2 ADMINISTRATION
Although every effort has been made to include provisions in the Specific Plan that are clear, the necessity of interpreting such provisions in light of specific and unusual cases may occur from time to time. When such interpretations are necessary, the Director of Community Development shall be responsible for the interpretation of the provisions of the Specific Plan. The Director shall be the City administrator responsible for enforcing the regulations, Site Development and Operational Standards and procedures set forth in the Specific Plan. The Director shall have the administrative authority for interpretation related to the enforcement of the Specific Plan.

6.3 AMENDMENTS AND MODIFICATIONS TO THE SPECIFIC PLAN
A. Adoption of and amendments to the Specific Plan will require the review and approval of both the Planning Commission and the City Council. Amendments are governed by the provisions of Section 65450 et seq. of the California Government Code and require compliance with specific notice and public hearing requirements. An Amendment to the Specific Plan shall be required for any proposed modifications that would substantially alter the distribution, location, extent, or density of the uses and buildings permitted in the Specific Plan, including increases in (1) the total maximum floor area, (2) the maximum number of Hotel rooms, or (3) the approved building height envelope.

B. The Director of Community Development may, without the review and approval of the Planning Commission or the City Council, approve Administrative Modifications to the Specific Plan that do not substantially alter the distribution, location, extent, or density of the uses and buildings permitted in the Specific Plan. An Administrative Modification shall be required with respect to changes to the Site plan and building elevations that would materially alter the approved architectural style or modulation of the buildings. An Administrative Modification shall be processed pursuant to the procedures set forth in BHMC Title 10, Chapter 3, Article 36, except that the limitations on the type of accommodations set forth in Section 10-3-3600 shall not apply.

C. Notwithstanding anything to the contrary in this Section 6.3, the following modifications to the Specific Plan shall not require an Amendment to the Specific Plan or an Administrative Modification:

1. The relocation of square footage devoted to uses permitted in this Specific Plan, or an increase by no more than five percent (5%) of square footage devoted to a use permitted in this Specific Plan, provided the Director determines that the relocation or increase of square footage:
a. Does not exceed the maximum floor area provided for such use, or the maximum number of Hotel rooms, set forth in Section 1.2, Table 1 – Development Program, of this Specific Plan;
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b. The Project will not exceed the Maximum FAR or Maximum and AboveGround FAR, set forth in Section 1.2, Table 1 – Development Program, of this Specific Plan; and
c. The Project will be adequately served by parking, which may be demonstrated by either (i) conformance with the parking requirements set forth in Section 4.4(A), Table 2 – Parking Requirements, of this Specific Plan; or (ii) a parking study.

2. Variations between the conceptual Plans set forth in Chapter 8.0 and the final construction documents for the Specific Plan Site, provided the final construction documents substantially conform to the conceptual Plans set forth in Chapter 8.0;

3. Changes to the number and location of the parking spaces in the subterranean parking structure, provided that the subterranean parking structure includes a sufficient number of parking spaces to satisfy the parking requirements set forth in Section 4.4(A), Table 2 – Parking Requirements, of this Specific Plan, or a reduction in such requirements is supported by a parking study;

4. Changes to the configuration of the subterranean parking structure, provided that the Director determines that any alterations to the access points to the subterranean parking structure do not present any safety issues;

5. The substitution of similar types of plant species in the landscaping plan, or minor changes to the Site plan or building elevations, provided such changes do not materially alter the approved architectural style, modulation, or height of the building;

6. A reduction in the number of Hotel rooms or the reconfiguration of Hotel rooms and BOH to accommodate operational and functional improvements to the Hotel.

6.4 FINANCING
The applicant shall be responsible for all on-Site improvements and shall pay its fair share allocation of any off-Site improvements as required to mitigate significant environmental impacts associated with implementation of the Specific Plan, as identified in the Final EIR or as required by the Project’s conditions of approval. No public funds are necessary to implement the Specific Plan. 39 156329300.21
CHAPTER 7.0 – CONDITIONS OF APPROVAL AND MITIGATION MEASURES The conditions of approval and the Mitigation Monitoring and Reporting Program adopted for the Specific Plan shall be attached hereto as Exhibit 1, and the mitigation measures set forth in the Mitigation Monitoring and Reporting Program shall be conditions of approval on the Project. All conditions of approval shall be incorporated by reference, and shall be part of the Specific Plan as if set forth in full in this Chapter 7.
40 156329300.21
CHAPTER 8.0 – SP FIGURES
A. LIST OF SP FIGURES

1. Specific Plan Site Location Map

2. Specific Plan Site

3. Existing Site Conditions

4. Surrounding Land Uses

5. Modified Zoning and Land Use

6. Specific Plan Land Use Concepts, revised April 7, 2022

7. Building Placement

8. Surrounding Circulation

9. Site Circulation, Access, Driveways, Roadway Improvements, revised April 7, 20221

10. Parking Plan – Level B1, revised April 7, 2022

11. Parking Plan – Level B2, revised April 7, 2022

12. Parking Plan – Level B3, revised April 7, 2022

13. Water System Plan

14. Sewer System Plan

15. Storm Drain Plan

16. Electric Facilities Plan

17. Natural Gas Plan

18. Telecom Plan

19. Building Plan – Ground Floor, revised April 7, 2022

20. Building Plan – Level 2 (see Plans)

21. Building Plan – Level 3 (see Plans)

22. Building Plan – Level 4 (see Plans)

23. Building Plan – Level 5 (see Plans)

24. Building Plan – Level 6 (see Plans)
41 156329300.21

25. Building Plan – Level 7 (see Plans)

26. Building Plan – Level 8 (see Plans)

27. Building Plan – Level 9 Penthouse (see Plans)

28. Building Plan – Roof Level (see Plans)

29. At-Grade Loading Spaces, revised April 7, 2022

30. Building Height

31. Height Envelope – North Elevation

32. Height Envelope – West Elevation

33. Height Envelope – East Elevation

34. Height Envelope – South Elevation

35. Height Envelope – Longitudinal Section, revised April 7, 2022

36. Height Envelope – Transverse Section, revised April 7, 2022

37. Landscape Conceptual Plan

38. East and West Elevations

39. North and South Elevations

40. South Santa Monica Boulevard Rendering

41. North Rodeo Drive Rendering

42. North Beverly Boulevard Rendering

43. Building Plan – Level 6 - Ancillary Outdoor Live Entertainment, revised April 7, 2022

44. Building Plan – Level 9 Penthouse - Ancillary Outdoor Live Entertainment, revised December 28, 2021

45. Outdoor Dining Level 6 and Level 7, revised April 7, 2022 Cheval Blanc Beverly Hills Specific Plan Figures - APRIL 7, 2022

SPECIFIC

PLAN AREA
SP FIGURE 1

SPECIFIC PLAN SITE LOCATION MAP
Cheval Blanc Beverly Hills Specific Plan Figures - APRIL 7, 2022 SPECIFIC PLAN SITE SP FIGURE 2
N. BEVERLY DR.

N. CANON DR.

N. RODEO DR.

N. CAMDEN DR.

BRIGHTON WAY
N. SANTA MONICA BLVD.

Wallis Annenberg
Center of the
S. SANTA MONICA BLVD. Performing Arts

BOUNDARY OF

SPECIFIC PLAN
NOTE: SP Figures are conceptual and will be updated as the review process unfolds Cheval Blanc Beverly Hills Specifi c Plan Figures - APRIL 7, 2022 S. SANTA MONICA BLVD.

BRIGHTON WAY
N. SANTA MONICA BLVD.

N. BEVERLY DR.

N. CAMDEN DR.

N. CANON DR.

N. RODEO DR.

SP FIGURE 3

EXISTING SITE CONDITIONS
Cheval Blanc Beverly Hills Specific Plan Figures - APRIL 7, 2022 SURROUNDING LAND USES SP FIGURE 4
N. BEVERLY DR.

N. CANON DR.

N. RODEO DR.

N. CAMDEN DR.

BRIGHTON WAY
N. SANTA MONICA BLVD.

OFFICE /

COMMERCIAL
RETAIL
RETAIL/REST./ OFFICE
RETAIL/REST./ OFFICE
RETAIL/REST.

RETAIL
RETAIL

PARKING PARKING PARKING
RETAIL
RETAIL
RETAIL
RETAIL
RETAIL
RETAIL
RETAIL
RETAIL

MULTI-TENANT
RETAIL
RETAIL
RETAIL
RETAIL
RETAIL
RETAIL
RETAIL
RETAIL
RETAIL/REST.

RESTAURANT
REST.

RETAIL
RETAIL
S. SANTA MONICA BLVD.

Wallis Annenberg
Center of the
Performing Arts
NOTES: SP Figures are conceptual and will be updated as the review process unfolds. Labeled building uses are subject to change as C3 zoning allows for a variety of uses.

Cheval Blanc Beverly Hills Specific Plan Figures - JUNE 9, 2022 SP FIGURE 5

MODIFIED ZONING AND LAND USE

BEVERLY BLVD

CINTHIA ST

SAN YSIDRO DR

SAN YSIDRO DR

S ROBERTSON BLVD

DE VO N AVE

LOM A V SI TA DR

LARRABEE

N DOHENY DR

W SUNSET BLV D

C OL DWATER CANYON DR

COLDWATER CANYON DR

S BEVERLY DR

W PICO BLVD

WILSHIRE BLVD WILSHIRE BLVD WILSHIRE BLVD

WILSHIRE BLVD

SANTA MONICA BLVD

CRESCENT DR

WARNALL AVE
W 3RD ST

S CAMDEN DR

SUNSET BLVD
SUNSE

MORENO DR

N OAKHURST DR

N PALM DR

N MAPLE DR N MAPLE DR

S BEDFORD DR

BENEDICT C ANYON DR

FOX HILLS DR

CENTURY PARK

N LE DOUX RD

LAKE DR

N HAMEL DR

BENECIA AVE

SCHUMACHER D R

DOHENY RD

N ROXBURY DR

N BEDFORD DR

N RODEO DR

BEVERWIL

S WOOSTER ST

REEVES ST

GLENVILLE DR

CARD FI F AVE

CLUB VIEW DR

LAUREL WAY

S DOHENY DR

S P ALDING DR

SPALDING DR

BRIER DR

EASTBORNE AVE

ANGELO DR

W OLYMPIC BLVD

HARTFORD WAY

N SIERRA DR

N CANON DR

PECK DR

TOW ER RD

N CRESCENT DR N CRESCENT DR

VIDOR DR

DAYTON WAY

S ALFRED ST
W 4TH ST

DURANT DR

ALPINE DR

ALPINE DR

HILLC REST RD

HILLCREST RD

WHITTIER DR WHITT EI R DR

SUM MIT DR

CARMELITA AVE

CHEROKEE LN

FOOTHILL RD

PARK WAY

N REXFORD DR N REXFORD DR

N DOHENY DR

N WETHERLY DR

CIVIC CENTER DR

N LA PEER DR

N SWALL DR

N CLARK DR

LOMITAS AVE

BLACKBURN AVE

S HAMEL DR

TRENTON DR

ALTA DR
INGS
OLIVE

N ELM DR

S CANON DR

S OAKHURST DR

S WETHERLY DR

S ELM DR

S SWALL DR

WALDEN DR

S ALMONT DR

S CLARK DR

S PALM DR

REEVES DR

ELCAMINO DR

S MAPLE DR

S CRESCENT DR

MCCARTY DR

S LINDEN DR

S REXFORD DR

S ROXBURY DR

LAKE FRANKLIN DR

S CORN NI G ST

N BEVE R LY DR

N LINDEN DR

S GALE DR

ARDEN DR

ROBERT LN
KINGS

N PALM DR

N CARSON RD

FE R R ARIDR

N MAPLE DR

HEATH AVE

N STANLEY DR

EDRIS DR

STANLEY HILLS DR CLARK ST

FOOTHILL RD

EVELYN PL

REXFORD DR

ENSLEY AVE

MARILY N DR

N OAKHURST DR

S O RLANDO AVE

BRIGHTON WAY
MGM DR

HOLT AVE

MOUNTAIN DR

N ELM DR

N ALMONT DR

HILL CREST DR

N HAMILTON DR

WOODLAND DR

COV E WAY

BEVERLY PK

CHALETTE DR RI DGE M ONT DR

N LA CIENEGA BLVD

GREGORY WAY

GREGORY WAY

OLYMPIC BLVD OLYMPIC BLVD OLYMPIC BLVD

S RODEO DR

S LA PEER DR

WHITWORTH DR

S SHENANDOAH ST

S BEDFORD ST

S SHERBOURNE DR

S HOLT AVE

S LA CIENEGA BLVD

OLYMPIC BLVD

CHALMERS DR

OAKHURST DR

CANFIELD AVE

S CREST DR

L VI ON AI AVE

S LA JOLLA AVE

ALVIRA ST

GALAXY W AY

S BEVERLY DR

AVENUE OF THE STARS

CONSTELLATION BLVD

CENTURY PK W

THAYER AVE HOLMBY AVE

S BEVERLY GLEN B L VD

S BEVE RLY GLEN BLV D

COMSTO C K AVE

VIRGINIA

SMITHWOOD

DANIELS AVE

CASTELLO
MOORE

WILLAMAN DR

MARYLAND
W 5TH ST

DREXEL AVE

COLGATE AVE

ROBERTSON BLVD

N ARNAZ DR
W 3RD ST

ALDEN DR
W 3RD ST

ALDEN DR

BURTON WAY

S SAN VICENTE BLVD
D AVE

BEVERLY BLVD N PALM DR

N DOHENY DR

N CAMDEN DR

N BEVERLY DR

CARMELITA AVE ELEVADO AVE

SUNSET BLVD SU NSET BLVD

N SANTA MONICA BLVD

S SANTA MONICA BLVD

PANDORA AVE

N ROXBURY DR

N CRESCENT DR

N BEVERLY DR

N REXFORD D R

S CH U YLER RD

WALLACE RI D GE HILLCREST R
C
D

ARLA RIDGE

LOMA VIS TA D R

ARKELL DR

C ARLA RIDGE

CASTLE PL

TRO USDA L E PL

MAR T I N LN
HAYNES

CALLE V SI TA DR

LAGO V I STADR

SUM MI T DR

SA N YSIDRO DR

TO WER RD

TOW ER GROV E DR

SUMMIT RI DGE DR

LAUREL WAY

FRA NKL NI CAN YO N DR

W ONDERLAND AVE

L O OKOUT MOUNTAIN AVE

BL U E JAY WAY

RIS NI G GLEN R D

WALNUT DR

RIDPATH DR

KIRKW O O D DR

G R A ND VIE W

APPIAN WAY

NIGHTIN G ALE DR
KINGS

Q UEENS RD

SUNSE T PLAZA DR

T HRA S HER

S EI RRAA LTA WAY

N DOHEN Y D R

HILLDALE

N DOHENY DR

SUNS E T PL A Z A

LON D ONDERRY

N WETHE R L Y DR

R U G BY PL

A PPIAN WAY

S UNSET CREST

HILLGREEN DR LASKY DR

HACIENDA
A

FOUNTAIN AVE

LTA LOMA

CHARLEVILLE BLVD

W PICO BLVD

CHARLEVILLE BLVD

LOMITAS AVE

N BEV ERLY DR S BEVERLY DR

BURTON WAY

CLIFTON WAY

SHA DOW HI L L WAY

LO MA LIND
A DR
Zoning Map - City of Beverly Hills
ZONES

SINGLE FAMILY RESIDENTIAL
R-1 One-Family Residential Zone
R-1.X One-Family Residential Zone
R-1.5X One-Family Residential Zone
R-1.5X2 One-Family Residential Zone
R-1.6X One-Family Residential Zone
R-1.7X One-Family Residential Zone
R-1.8X One-Family Residential Zone

MULTI-FAMILY RESIDENTIAL
R-3 Multiple Residential Zone
R-4 Multiple Residential Zone
R-4X1 Residential Income and Multiple Dwelling Zone
R-4X2 Multiple Residential Zone
R-4-P Residential Parking Zone
RMCP Multiple-Family Residential-Commercial Parking
Zone

COMMERCIAL
C-3 Commercial Zone
C-3A Commercial Zone
C-3B Commercial Zone
C-3T-1 Commercial-Transition Zone
C-3T-2 Commercial-Transition Zone
C-3T-3 Commercial-Transition Zone
C-5 Commercial Zone

INSTITUTIONAL/GOVERNMENT
Church Zone
P-S Public Service Zone
S School
T-1 Transportation Zone
Parks, Reservoirs, Government (Unzoned)

SPECIFIC PLAN AREAS & OVERLAY
9900 Wilshire Specific Plan
Beverly Hilton Specific Plan
Beverly Hills Garden Specific Plan
Beverly Hills Hotel Specific Plan
One Beverly Hills Overlay Specific Plan
This map is for informational purposes. The City of
Beverly Hills makes no representations or warranties
of any kind with respect to the accuracy of the
information or data furnished herein.

Map produced by: City of Beverly Hills - IT - GIS
455 N. Rexford Dr. Beverly Hills, CA 90210
October 05, 2021

TROUSDALE

ESTATES

HILLSIDE
AREA

CENTRAL
AREA
E 0 970 1,940
Feet
1:19,500

N ROBERTSON BLVD S ROBERTSON BLVD
C-3 (AR) Adaptive Reuse Planned Development Overlay
Zone
C-H(O) Commercial Hotel Overlay Zone
C-R Commercial-Retail Overlay Zone
C-R-PD Commercial etail Planned Development Overlay
Zone
E-O-PD Entertainment Office Planned Development
Overlay Zone
M-PD-2 Mixed Use Planned Development Overlay Zone
M-PD-3 Mixed Use Planned Development Overlay Zone
M-PD-4 Mixed Use Planned Development Overlay Zone
M-PD-5 Mixed Use Planned Development Overlay Zone
Medical Use Overlay Zone
T-O Transportation Overlay Zone
Mixed Use Overlay Zone
Hillside Area and Central Area Boundary
City Boundary
Cheval Blanc Specific Plan (Proposed)

BEVERLY BLVD

CINTHIA ST

N ORLANDO AVE N ORLANDO AVE

SAN YS DI RO DR

SAN YSIDRO DR

S ROBERTSON BLVD

DE V O N AVE

LOM A V SI TA DR

LARRABEE

N DOHENY DR

W SUNSET BLVD

C OL DWATER CANYON DR

COLDWATER CANYON DR

S BEVERLY DR

W PICO BLVD

WILSHIRE BLVD WILSHIRE BLVD WILSHIRE BLVD

WILSHIRE BLVD

SANTA MONICA BLVD SANTA MONICA BLVD

CRESCE NT DR

WARNALL AVE
W 3RD ST

SAN V CI ENTE BLVD

S CAMDEN DR

SUNSET BLVD

SUNSET BLVD

MORENO DR

N OAKHURST DR

N PALM DR

N MAPLE DR N MAPLE DR

S BEDFORD DR

BENEDICT C ANYON DR

FOX HILLS DR

CENTURY PARK

N LE DOUX RD

LAKE DR

N HAMEL DR

BENECIA AVE

SCHUMACHER D R

HOLLOWAY
ALFRED

DOHENY RD

N ROXBURY DR

N BEDFORD DR

N RODEO DR

BEVERW LI

S WOOSTER ST

REEVES ST

GLENVILLE DR

CARD FI F AVE

CLUB VIEW DR

LAUREL WAY

N CROFT AVE

S DOHENY DR

S P ALDING DR

SPALDING DR

BRIER DR

EASTBORNE AVE

ANGELO DR

W OLYMPIC BLVD

HARTFORD WAY

KEITH AVE

N SIERRA DR

N CANON DR

PECK DR

TOWER RD

N CRESCENT DR N CRESCENT DR

MELROSE

VIDOR DR

DAYTON WAY

SHERWOOD

S ALFRED ST
W 4TH ST

DURANT DR

ALPINE DR

ALPINE DR

HILLC REST RD

HILLCREST RD

MELROSE AVE

LLO YD PL

WHITTIER DR WHITT EI R DR

SUM MIT DR

CARMELITA AVE

CHEROKEE LN

FOOTHILL RD

PARK WAY

N REXFORD DR N REXFORD DR

N DOHENY DR

N WETHERLY DR

CIVIC CENTER DR

N LA PEER DR

N SWALL DR

N CLARK DR

LOMITAS AVE

DICKS ST

BLACKBURN AVE

S HAMEL DR

TRENTON DR

ALTA DR
KINGS

N CROFT AVE OLIVE

RANGELY AVE

DORRINGTON AVE

K NI GS

N ELM DR

S CANON DR

S OAKHURST DR

S WETHERLY DR

S ELM DR

AL F RED

S SWALL DR

WALDEN DR

S ALMONT DR

S CLARK DR

S PALM DR

REEVES DR

ELCAM NI O DR

S MAPLE DR

S CRESCENT DR

MCCARTY DR

S LINDEN DR

S REXFORD DR

S ROXBURY DR
BONNER

LAKE FRANKLIN DR

S CORNING ST

N BEVE R LY DR

N LINDEN DR

S GALE DR

ARDEN DR

ROBERT LN
KINGS

N PALM DR

N CARSON RD

FE R R ARIDR

N MAPLE DR

HEATH AVE

N STANLEY DR

EDRIS DR

STANLEY HILLS DR CLARK ST

FOOTHILL RD

EVELYN PL

REXFORD DR

ENSLEY AVE

PALM AVE

MARILY N DR

N OAKHURST DR

S O RLANDO AVE

BRIGHTON WAY
MGM DR

HOLT AVE

MOUNTAIN DR

N ELM DR

N ALMONT DR

H LI L CREST DR

NORWICH

N HAMILTON DR

WO ODLAND DR

CO VE WAY

BEVE RLY PK

CHALETTE DR RI DGE M ONT DR

N LA CIENEGA BLVD

GREGORY WAY

GREGORY WAY

OLYMPIC BLVD OLYMPIC BLVD OLYMPIC BLVD

S RODEO DR

S LA PEER DR

WHITWORTH DR

S SHENANDOAH ST

S BEDFORD ST

S SHERBOURNE DR

S HOLT AVE

S LA CIENEGA BLVD

OLYMPIC BLVD

CHALMERS DR

OAKHURST DR

CANF EI LD AVE

S CREST DR

L VI ONIA AVE

S LA JOLLA AVE

ALVIRA ST

GALAXY WAY

S BEVERLY DR

AVENUE OF THE STARS

CONSTELLATION BLVD

CENTURY PK W

THAYER AVE HOLMBY AVE

S BEVERLY GLEN B L VD

S BEVE RLY GLEN BLV D

COMSTO C K AVE

VIRGINIA

SMITHWOOD

DANIELS AVE

CASTELLO
MOORE

WILLAMAN DR

MARYLAND
W 5TH ST

DREXEL AVE

COLGATE AVE

N ROBERTSON BLVD

N ARNAZ DR
W 3RD ST

ALDEN DR
W 3RD ST

ALDEN DR

BURTON WAY

S SAN VICENTE BLVD

OAKWOOD AVE

BEVERLY BLVD

ASHCROFT AVE

ROSEWOOD AVE

N PALM DR

ROSEWOOD AVE

WESTBOUR NE

WESTMOUN T

WEST KNOLL

N DOHENY DR

N CAMDEN DR

N BEVERLY DR

CARMELITA AVE ELEVADO AVE

SUNSET BLVD SUNSET BLVD

N SANTA MONICA BLVD

S SANTA MONICA BLVD

PANDORA AVE

N ROXBURY DR

N CRESCENT DR

N BEVERLY DR

N REXFORD D R

S CH U YLER RD

WALLACE RI D GE HILLCREST R
C
D

ARLA RI DGE

LOMA VIS TA D R

ARKELL DR

C ARLA RIDGE

CASTLE PL

TRO USDA L E PL

MAR TI N LN
HAYNES

CALLE V SI TA DR

LAGO V I STADR

SUM MI T DR

SA N YSIDRO DR

TO WER RD

TOW ER GROV E DR

SUMMIT RIDGE DR

LAUREL WAY

FRANKLIN CAN YO N DR

W ONDERLAND AVE

L O OKOUT MOUNTAIN AVE

BL U E JAY WAY

RIS NI G GLEN R D

WALNUT DR

RIDPATH DR

KIRKW O O D DR

G R A ND VIE W

APPIAN WAY

NIGHTIN G ALE DR
KINGS

Q UEENS RD

SUNSE T PLAZA DR

T HRA S HER

SIERRAA LTA WAY

N DOHENY D R

HILLDALE

HAMMOND ST

HANCOCK AVE

N DOHENY DR

SUNS E T

PL A Z A

LON D ONDERRY

N WETHE R L Y DR

R U G BY PL

A PPIAN WAY

S UNSET CREST

HILLGREEN DR LASKY DR

HACIENDA
A

FOUNTAIN AVE

LTA LOMA

WEST KNOLL

CLINTON AVE

CHARLEVILLE BLVD

W PICO BLVD

CHARLEVILLE BLVD

LOMITAS AVE

N BEVERLY DR S BEVERLY DR

HUNTLEY

N LA CIENEGA BLVD

BURTON WAY

CLIFTON WAY

SHA DOW HI L L WAY

LO MA LIND
A DR
SP
SP
SP
SP
General Plan Land Use Designations - City of Beverly Hills Legend
Streets selection
Single family residential
Low density
Medium density
High density
Multi-family residential
Very low density
Low density
Low medium density
Medium density
High density
Commercial
Low density general
Low density general or medium
density retail
Low density general or medium
density retail
Medium density commercial
Low density general and municipal
Mixed use
Mixed use #2
Mixed use #3
M-PD-5 overlay zone
Specific plan - hotel uses
Specific plan - Beverly Hills
Gardens
Specific plan - 9900 Wilshire
Specific plan - Beverly Hilton
Overlay specific plan - One Beverly
Hills
Mixed use overlay
Parks and quasi-public uses
Parks
Public buildings
Public schools
Railroad
Maximum
density
(DU/Acre)
Maximum
height
(feet)
1 4
6 22
40 40
45 50
33 - 45
30 40
60 60

2.0 (FAR)

5.0 (FAR)

5.0 (FAR)

3.6 (FAR)

1.5 - 2.0
(FAR)

4.0 (FAR)

2.0 (FAR)
45 85
100
92 45
60 61
This map is for informational purposes. The City of
Beverly Hills makes no representations or warranties
of any kind with respect to the accuracy of the
information or data furnished herein.

Map produced by: City of Beverly Hills - IT - GIS
455 N. Rexford Dr. Beverly Hills, CA 90210
October 05, 2021
SP
SP
SP
SP
550 *refer to mixeduse overlay
zone map
E 0 970 1,940
Feet
1:19,500

2.5 (FAR) 47

N ROBERTSON BLVD S ROBERTSON BLVD
Cheval Blanc Beverly Hills Specific Plan (Proposed)
Cheval Blanc Beverly Hills Specific Plan (Proposed) Proposed Land Use Redesignation to Cheval Blanc Beverly Hills Specific Plan RODEO

BRIGHTON

BEVERLY

SANTA MONICA

SANTA MON
S ICA
CAMDEN
CANON
501
460
0 0
438
0 465
421
468
439
447
420
421 9460
9550
9500 436
400
460
449
401
433
409
400
440
420
434 419 426
414
450
427
408
421
459
415
449
400
453
450
456 443 447
444
457
490
9501
9533
9477
9455
N
RODEO

BRIGHTON

BEVERLY

SANTA MONICA

SANTA MON
S ICA
CAMDEN
CANON
501
460
0 0
438
0 465
421
468
439
447
420
421 9460
9550
9500 436
400
460
449
401
433
409
400
440
420
434 419 426
414
450
427
408
421
459
415
449
400
453
450
456 443 447
444
457
490
9501
9533
9477
9455
N
DE V O
N
AVE
S

WILSHIRE BLVD WILSHIRE BLVD

WILSHIRE BLVD

SANTA MONICA BLVD

WARNALL AVE
S
C
A
M
D
E
N
D
R

MORENO DR
N
O
A
K
H
U
R
S
T
D
R
N
PA
L
M
D
R
N
M
A
P
L
E
D
R
N
M
A
P
L
E
D
R
S
B
E
D
F
O
R
D
D
R

FOX HILLS D

CENTURY
PARK
BEN
E
CIA
AV

N ROXBURY DR

N BEDFORD DR

N RODEO DR
G
CLUB
VIEW
DR

S P ALDING DR
S
PA
L
DIN
G
D
R

EASTBORNE AVE
BLVD
N
CANON
DR
P
E
C
K
D
R

RESCENT
DR
N

CRESCENT
DR

DAYTON WAY

DURANT DR
W
HIT
T
EI R
DR

CARMELITA
AVE

PARK WAY

N REXFORD DR
LOMITA

TRENTON DR
S
C
A
N
O
N
D
R
S
O
A
K
H
U
R
S
T
D
R
S
E
L
M
D
R

WALDEN DR
S
PA
L
M
D
R
R
E
E
V
E
S
D
R
E
L
C
A
M
NI O
D
R
S
M
A
P
L
E
D
R
S
C
R
E
S
C
E
N
T
D
R
M
C
C
A
R
T
Y
D
R
S
LIN
D
E
N
D
R
S
R
E
X
F
O
R
D
D
R
S
R
O
X
B
U
R
Y
D
R

N LINDEN DR

HEATH AVE
F
O
O
T
HIL
L
R
D
ENSLEY
AVE

BRIGHTON WAY
MGM DR
N
E
L
M
D
R

GREGORY WAY

OLYMPIC BLVD

OLYMPIC BLVD
S
R
O
D
E
O
D
R
O

GALAXY WAY
S
B
E
V
E
R
LY
D
R
AVENU

CONSTELLATION BLVD

CENTURY PK W
HO
S BEV
E
R
LY
S

BEVE RLY
GLE
N
B
LV
D
CO
M
S
T
O

C K AVE

VIRGINIA

SMITHWOO

DANIELS AV

CASTELL
N
P
A
L
M
D
R

N CAMDEN DR

BEVERLY DR

N SANTA MONICA BLVD

S SANTA MONICA BLVD
PA
N
D
O
R
A
AV
E
HILLG
L
A
S
K
Y
D
R

CHARLEVILLE BLVD
S

BEVERLY DR

BURTON WAY

CLIFTON WAY
SP
SP
SP
This map is for informational purposes. The Ci
Beverly Hills makes no representations or warra
of any kind with respect to the accuracy of th
Cheval Blanc Beverly Hills Specifi c Plan Figures - APRIL 7, 2022 +0'-0"

GROUND FLOOR
115'-0"

LOW ROOF
+0'-0"

GROUND FLOOR
115'-0"

LOW ROOF
+0'-0"

GROUND FLOOR
115'-0"

LOW ROOF

SPECIFIC PLAN LAND USE CONCEPTS
SP FIGURE 6
RETAIL*
RESTAURANT/BAR**

HOTEL, MEMBERS CLUB & APPURTENANT USES

PARKING

SPECIFIC PLAN

HEIGHT ENVELOPE
* Retail space is 2 stories
**see plans for open air dining
N. RODEO DRIVE
S. SANTA MONICA BLVD.

N. BEVERLY DRIVE
S. SANTA MONICA BLVD.

NORTH
EAST WEST N. BEVERLY DRIVE
N. RODEO DRIVE
NOTE: SP Figures are conceptual and will be updated as the review process unfolds.

Cheval Blanc Beverly Hills Specific Plan Figures - APRIL 7, 2022 BUILDING PLACEMENT SP FIGURE 7
N. BEVERLY DR.

N. RODEO DR.

S. SANTA MONICA BLVD.

PLAZA
NOTE: SP Figures are conceptual and will be updated as the review process unfolds.

Cheval Blanc Beverly Hills Specific Plan Figures - APRIL 7, 2022 SURROUNDING CIRCULATION SP FIGURE 8
N. BEVERLY DR.

N.REXFORD DR.

N. CANON DR.

N. CRESCENT DR.

N. RODEO DR.

N. CAMDEN DR.

BEDFORD DR.

N. ROXBURY DR.

N. LINDEN DR.

CARMELITA AVE.

BRIGHTON WAY

DAYTON WAY

CLIFTON WAY
WILSHIRE BLVD.

N. SANTA MONICA BLVD.

BURTON WAY

DAYTON WAY
N. ALPINE DR.FOOTHILL RD.

S. SANTA MONICA BLVD.

PRINCIPAL ARTERIAL

MINOR ARTERIAL
LEGEND*
NOTE: Unless otherwise indicated all named streets are local streets * per Caltrans California Highway System - Functional
Classification Roads. https://caltrans.maps.arcgis.com/apps/webappviewer/ index.html?id=026e830c914c495797c969a3e5668538
Cheval Blanc Beverly Hills Specifi c Plan Figures - SEPTEMBER 9, 2022 N. BEVERLY DR.

S. SANTA MONICA BLVD.
12'-0"
3'-6"
MIN.
12'-0"
ALLEY
20'-0"
MIN.
12'-0"
N. RODEO DR.

S. SANTA MONICA BLVD.
12'-0"
3'-6"
12'-0"
MIN.

CONCEPTUAL SITE CIRCULATION, ACCESS , DRIVEWAYS, ROADWAY IMPROVEMENTS SP FIGURE 9

RELOCATED ONE-WAY ALLEY

STOPPING PROHIBITED

SIGNAGE

VALET/EMPLOYEE/DISABLED

PARKING GARAGE ENTRANCE

VALET/EMPLOYEE/DISABLED

PARKING GARAGE EXIT
TRUCK LOADING AREA (2)

CLUB VALET / OFF-PEAK

LOADING AND DELIEVERIES

VALET RETURN LANE
(NO PUBLIC ACCESS)

MAIN ENTRY(RIGHT TURN IN ONLY)

MAIN EXIT (RIGHT TURN OUT ONLY)

MOTOR COURT (DROP-OFF/PICK-UP)

COVERED BY PORTE COCHERE

TNC VEHICLE/TAXI

SERVICE ENTRANCE/EXIT,

EMPLOYEE EXIT

SHORT TERM BICYCLE
PARKING (5)
NOTE: SP Figures are conceptual and will be updated as the review process unfolds.

KEEP
CLEAR

STOPPING

PROHIBITED
Cheval Blanc Beverly Hills Specific Plan Figures - SEPTEMBER 9, 2022 CONCEPTUAL PARKING PLAN - LEVEL B1 SP FIGURE 10

ACCESSIBLE PARKING
TRASH
LOADING BAYS (2)
NOTE: SP Figures are conceptual and will be updated as the review process unfolds.

Cheval Blanc Beverly Hills Specific Plan Figures - SEPTEMBER 9, 2022 CONCEPTUAL PARKING PLAN - LEVEL B2 SP FIGURE 11
NOTE: SP Figures are conceptual and will be updated as the review process unfolds.

LOBBY
Cheval Blanc Beverly Hills Specific Plan Figures - SEPTEMBER 9, 2022 CONCEPTUAL PARKING PLAN - LEVEL B3 SP FIGURE 12
NOTE: SP Figures are conceptual and will be updated as the review process unfolds.

LOBBY
Cheval Blanc Beverly Hills Specifi c Plan Figures - APRIL 7, 2022 SP FIGURE 13

WATER SYSTEM PLAN

BH WATER TO CAP

EXISTING WATER MAIN

BH WATER TO CAP

EXISTING WATER MAIN

ENGINEERING NEEDED TO

DETERMINE IF CURRENT

WATER SYSTEM CAN
SUPPLY NEW BUILDING.

CITY TO DETERMINE
REQUIREMENTS.

LOOPED SYSTEM WITH WATER

RELEASE MAY BE REQUIRED

S SANTA MONICA BLVD

RODEO DR

N BEVERLY DR

N CANON DR

BRIGHTON WAY

BH WATER - PROPOSED
. . .
. . .
. . .

NOT TO SCALE

SITE PLAN
D. KANOWSKY 951.536.2092 12.17.19

CHEVAL BLANC

RELOCATION OF UTILITIES

RODEO DR & SANTA MONICA BLVD & BEVERLY DR, BEVERLY HILLS SOUTHERN CALIFORNIA ELECTRICAL FIRM N/A 12 OF 14

LOS ANGELES

DESIGNED BY

COUNTY DRAWN BY

CHECKED BY

APPROVED BY

SCALE PAGE

ENGR - POWER

ENGR - GAS

FUNCTION
2 PROJECT MGR
1 REV#
3 DATE BY DESCRIPTION

CONTACT PHONE NO DATE

RELOCATION

EXISTING
LEGEND

SERVICE
N.

NOTE: SP Figures are conceptual and will be updated as the review process unfolds.

Cheval Blanc Beverly Hills Specifi c Plan Figures - APRIL 7, 2022 SP FIGURE 14

SEWER SYSTEM PLAN

NEW SEWER PIPE TO BE INSTALLED

TO CONNECT WITH EXISTING SEWER

EAST OF BEVERLY

EXISTING SEWER MANHOLE

NEW SEWER MANHOLE

S SANTA MONICA BLVD

RODEO DR

N BEVERLY DR

N CANON DR

BRIGHTON WAY

BH SEWER - PROPOSED

EX MH
NEW MH
. . .
. . .
. . .

NOT TO SCALE

SITE PLAN
D. KANOWSKY 951.536.2092 2.5.20

CHEVAL BLANC

RELOCATION OF UTILITIES

RODEO DR & SANTA MONICA BLVD & BEVERLY DR, BEVERLY HILLS SOUTHERN CALIFORNIA ELECTRICAL FIRM N/A 14 OF 14

LOS ANGELES

DESIGNED BY

COUNTY DRAWN BY

CHECKED BY

APPROVED BY

SCALE PAGE

ENGR - POWER

ENGR - GAS

FUNCTION
2 PROJECT MGR
1 REV#
3 DATE BY DESCRIPTION

CONTACT PHONE NO DATE

RELOCATION

EXISTING
LEGEND

SERVICE
N.

NOTE: SP Figures are conceptual and will be updated as the review process unfolds.

Cheval Blanc Beverly Hills Specifi c Plan Figures - APRIL 7, 2022 SP FIGURE 15

STORM DRAIN PLAN

NO RELOCATION NEEDED

S SANTA MONICA BLVD

RODEO DR

N BEVERLY DR

N CANON DR

BRIGHTON WAY

BH STORM DRAIN - PROPOSED
. . .
. . .
. . .

NOT TO SCALE

SITE PLAN
D. KANOWSKY 951.536.2092 12.17.19

CHEVAL BLANC

RELOCATION OF UTILITIES

RODEO DR & SANTA MONICA BLVD & BEVERLY DR, BEVERLY HILLS SOUTHERN CALIFORNIA ELECTRICAL FIRM N/A 10 OF 14

LOS ANGELES

DESIGNED BY

COUNTY DRAWN BY

CHECKED BY

APPROVED BY

SCALE PAGE

ENGR - POWER

ENGR - GAS

FUNCTION
2 PROJECT MGR
1 REV#
3 DATE BY DESCRIPTION

CONTACT PHONE NO DATE

RELOCATION

EXISTING
LEGEND

SERVICE
N.

NOTE: SP Figures are conceptual and will be updated as the review process unfolds.

Cheval Blanc Beverly Hills Specifi c Plan Figures - APRIL 7, 2022 SP FIGURE 16

ELECTRIC FACILITIES PLAN

SCE TO CUT OFF FEED FROM

CIRCUIT TO NORTH AND RE-FEED

FROM CIRCUIT TO SOUTH
(INSTALLATION OF NEW CONDUITS

IN ALLEY MAY BE REQUIRED)

REMOVAL OF SCE VAULT

RELOCATION OF METER

PEDESTAL SERVING CITY OF

BH LIGHTING

REMOVAL OF SCE VAULT

PROPOSED SCE METER ROOM TO

BE BELOW GRADE LEVEL

NEW SCE VAULT

ADDITIONAL CONDUITS NEEDED

TO FEED EXISTING PROPOERTIES

FROM SOUTH

S SANTA MONICA BLVD

RODEO DR

N BEVERLY DR

N CANON DR

BRIGHTON WAY

SCE ELECTRIC - PROPOSED
. . .
. . .
. . .

NOT TO SCALE

SITE PLAN
D. KANOWSKY 951.536.2092 12.17.19

CHEVAL BLANC

RELOCATION OF UTILITIES

RODEO DR & SANTA MONICA BLVD & BEVERLY DR, BEVERLY HILLS SOUTHERN CALIFORNIA ELECTRICAL FIRM N/A 2 OF 14

LOS ANGELES

DESIGNED BY

COUNTY DRAWN BY

CHECKED BY

APPROVED BY

SCALE PAGE

ENGR - POWER

ENGR - GAS

FUNCTION
2 PROJECT MGR
1 REV#
3 DATE BY DESCRIPTION

CONTACT PHONE NO DATE

RELOCATION

EXISTING
LEGEND

SERVICE
N.

NOTE: SP Figures are conceptual and will be updated as the review process unfolds.

Cheval Blanc Beverly Hills Specifi c Plan Figures - APRIL 7, 2022 SP FIGURE 17

NATURAL GAS PLAN

SO CAL GAS ENGINEERING TO

DETERMINE WHICH DIRECTION

TO PICK UP EXISTING GAS

SERVICE LINE

SO CAL GAS ENGINEERING TO

DETERMINE WHICH DIRECTION TO

PICK UP EXISTING GAS SERVICE LINE

SO CAL GAS TO CAP

EXISTING CONDUIT

SO CAL GAS TO CAP

EXISTING CONDUIT

S SANTA MONICA BLVD

RODEO DR

N BEVERLY DR

N CANON DR

BRIGHTON WAY

SO CAL GAS - PROPOSED
. . .
. . .
. . .

NOT TO SCALE

SITE PLAN
D. KANOWSKY 951.536.2092 12.17.19

CHEVAL BLANC

RELOCATION OF UTILITIES

RODEO DR & SANTA MONICA BLVD & BEVERLY DR, BEVERLY HILLS SOUTHERN CALIFORNIA ELECTRICAL FIRM N/A 4 OF 14

LOS ANGELES

DESIGNED BY

COUNTY DRAWN BY

CHECKED BY

APPROVED BY

SCALE PAGE

ENGR - POWER

ENGR - GAS

FUNCTION
2 PROJECT MGR
1 REV#
3 DATE BY DESCRIPTION

CONTACT PHONE NO DATE

RELOCATION

EXISTING
LEGEND

SERVICE
N.

NOTE: SP Figures are conceptual and will be updated as the review process unfolds.

Cheval Blanc Beverly Hills Specifi c Plan Figures - APRIL 7, 2022 SP FIGURE 18

TELECOM PLAN

CAP EXISTING FEED AND

REMOVE PULL BOXES AND

CONDUIT
NEW (4) 4" AND POTENTIALLY

INSTALLATION OF NEW

DISTRIBUTION STRUCTURES

S SANTA MONICA BLVD

RODEO DR

N BEVERLY DR

N CANON DR

BRIGHTON WAY

AT&T - PROPOSED
. . .
. . .
. . .

NOT TO SCALE

SITE PLAN
D. KANOWSKY 951.536.2092 12.17.19

CHEVAL BLANC

RELOCATION OF UTILITIES

RODEO DR & SANTA MONICA BLVD & BEVERLY DR, BEVERLY HILLS SOUTHERN CALIFORNIA ELECTRICAL FIRM N/A 8 OF 14

LOS ANGELES

DESIGNED BY

COUNTY DRAWN BY

CHECKED BY

APPROVED BY

SCALE PAGE

ENGR - POWER

ENGR - GAS

FUNCTION
2 PROJECT MGR
1 REV#
3 DATE BY DESCRIPTION

CONTACT PHONE NO DATE

RELOCATION

EXISTING
LEGEND

SERVICE
N.

NOTE: SP Figures are conceptual and will be updated as the review process unfolds.

Cheval Blanc Beverly Hills Specific Plan Figures -SEPTEMBER 9, 2022 SP FIGURE 19

CONCEPTUAL BUILDING PLAN - GROUND FLOOR
N. BEVERLY DR.

RODEO DR.

S. SANTA MONICA BLVD.
325'-4 3/4"
39'-9"
150'-0"
92'-8" ±114'-7" 94'-3"
152'-8" 20'-0" 12'-0" 140'-8"
± 23'-9"
71'-6"
SHEET TITLE SHEET NO.

DATE SCALE GA PROJECT NO.
0 8' 16' 32'
NOTE: SP Figures are conceptual and will be updated as the review process unfolds.

CLUB VALET /

OFF-PEAK LOADING

AND DELIEVERIES

STOPPING

PROHIBITED
KEEP
CLEAR
Cheval Blanc Beverly Hills Specific Plan Figures - SEPTEMBER 9, 2022 AT-GRADE LOADING SPACES SP FIGURE 29
N. BEVERLY DR.

RODEO DR.

S. SANTA MONICA BLVD.
325'-4 3/4"
39'-9"
150'-0"
92'-8" ±114'-7" 94'-3"
152'-8" 20'-0" 12'-0" 140'-8"
± 23'-9"
71'-6"
SHEET TITLE SHEET NO.

DATE SCALE GA PROJECT NO.
0 8' 16' 32'
NOTE: SP Figures are conceptual and will be updated as the review process unfolds.

STOPPING

PROHIBITED

CLUB VALET /

OFF-PEAK LOADING

AND DELIEVERIES
Cheval Blanc Beverly Hills Specific Plan Figures - APRIL 7, 2022 SP FIGURE 30

BUILDING HEIGHT
N. RODEO DR.

N. BEVERLY DR.

S. SANTA MONICA BLVD.
20'-0" 50'-0" 100'-0" ±145'-5" 10'-0" 8'-0" 8'-0"
7'-0"
9'-0"
N. BEVERLY DR.

RODEO DR.

S. SANTA MONICA BLVD.
325'-4 3/4"
39'-9"
150'-0"
92'-8" ±114'-7" 94'-3"
152'-8" 20'-0" 12'-0" 140'-8"
± 23'-9"
71'-6"
SHEET TITLE SHEET NO.

DATE SCALE GA PROJECT NO.
0 8' 16' 32'
+115’ 78’-6”
EL. 266.0’=0’-0”
+51’ +66’ +103’
20’-0” 50’-0” 100’-0” 145’-5”
+
10’-0”
8’
NOTE: SP Figures are conceptual and will be updated as the review process unfolds.

Cheval Blanc Beverly Hills Specifi c Plan Figures - APRIL 7, 2022 +0'-0"

GROUND FLOOR
3rd FLOOR
4th FLOOR
5th FLOOR
6th FLOOR
7th FLOOR
8th FLOOR

PENTHOUSE FLOOR
115'-0"

LOW ROOF
35'-8"
51'-0" ALLOWABLE HEIGHT ENVELOPE
66'-0" ALLOWABLE HEIGHT ENVELOPE
103'-0" ALLOWABLE HEIGHT ENVELOPE
115'-0" ALLOWABLE HEIGHT ENVELOPE
100'-0" 50'-0"
12'-6"
20'-0"
2nd FLOOR
SHEET TITLE SHEET NO.
0 8' 16' 32'
78'-6" ALLOWABLE HEIGHT ENVELOPE
103'-0" ALLOWABLE HEIGHT ENVELOPE
17'-0"
10'-0"

HEIGHT ENVELOPE - NORTH ELEVATION
SP FIGURE 31
NOTE: SP Figures are conceptual and will be updated as the review process unfolds.

Cheval Blanc Beverly Hills Specifi c Plan Figures - APRIL 7, 2022 51'-0" ALLOWABLE HEIGHT ENVELOPE
115'-0" ALLOWABLE HEIGHT ENVELOPE
3rd FLOOR
+0'-0"

GROUND FLOOR
4th FLOOR
5th FLOOR
6th FLOOR
7th FLOOR
8th FLOOR

PENTHOUSE FLOOR
2nd FLOOR
115'-0"

LOW ROOF
12'-6"
66'-0" ALLOWABLE HEIGHT ENVELOPE
103'-0" ALLOWABLE HEIGHT ENVELOPE
1'-6"
SHEET TITLE SHEET NO.

DATE SCALE GA PROJECT NO.
0 8' 16' 32'
17'-0"
8'-0"

HEIGHT ENVELOPE - WEST ELEVATION
SP FIGURE 32
NOTE: SP Figures are conceptual and will be updated as the review process unfolds.

Cheval Blanc Beverly Hills Specifi c Plan Figures - APRIL 7, 2022 3rd FLOOR
+0'-0"

GROUND FLOOR
4th FLOOR
5th FLOOR
6th FLOOR
7th FLOOR
8th FLOOR

PENTHOUSE FLOOR
2nd FLOOR
115'-0"

LOW ROOF
12'-6"
3'-0"
SHEET TITLE SHEET NO.
0 8' 16' 32'
17'-0"
8'-0"
103'-0" ALLOWABLE HEIGHT ENVELOPE
78'-6" ALLOWABLE HEIGHT ENVELOPE
115'-0" ALLOWABLE HEIGHT ENVELOPE

HEIGHT ENVELOPE - EAST ELEVATION
SP FIGURE 33
NOTE: SP Figures are conceptual and will be updated as the review process unfolds.

Cheval Blanc Beverly Hills Specifi c Plan Figures - APRIL 7, 2022 12'-6" 3rd FLOOR
+0'-0"

GROUND FLOOR
4th FLOOR
5th FLOOR
6th FLOOR
7th FLOOR
8th FLOOR

PENTHOUSE FLOOR
2nd FLOOR

LOW ROOF
51'-0" ALLOWABLE HEIGHT ENVELOPE
66'-0" ALLOWABLE HEIGHT ENVELOPE
50'-0" 100'-0"
103'-0" ALLOWABLE HEIGHT ENVELOPE
20'-0" 35'-8"
10'-0"
17'-0"
103'-0" ALLOWABLE HEIGHT ENVELOPE
78'-6" ALLOWABLE HEIGHT ENVELOPE
115'-0" ALLOWABLE HEIGHT ENVELOPE

HEIGHT ENVELOPE - SOUTH ELEVATION
SP FIGURE 34
NOTE: SP Figures are conceptual and will be updated as the review process unfolds.

Cheval Blanc Beverly Hills Specifi c Plan Figures - APRIL 7, 2022 10'-0" 51'-0" ALLOWABLE HEIGHT ENVELOPE
66'-0" ALLOWABLE HEIGHT ENVELOPE

THIRD LEVEL

FOURTH LEVEL

FIFTH LEVEL

SIXTH LEVEL

SEVENTH LEVEL

EIGHTH LEVEL

PENTHOUSE LEVEL

SECOND LEVEL
-20'-0"
BASEMENT LEVEL B1
-32'-0"
BASEMENT LEVEL B2
-44'-0"
BASEMENT LEVEL B3
115'-0" ALLOWABLE HEIGHT ENVELOPE
103'-0" ALLOWABLE HEIGHT ENVELOPE
12'-6"
100'-0" 50'-0" 20'-0"
+0'-0"

GROUND LEVEL
115'-0"

LOWER LEVEL ROOF
0 8' 16' 32'
78'-6" ALLOWABLE HEIGHT ENVELOPE
103'-0" ALLOWABLE HEIGHT ENVELOPE

HEIGHT ENVELOPE - LONGITUDINAL SECTION
SP FIGURE 35
NOTE: SP Figures are conceptual and will be updated as the review process unfolds.

HOTEL MEMBER’S CLUB

RESTAURANT (APPURTENANT USE)
Cheval Blanc Beverly Hills Specifi c Plan Figures - APRIL 7, 2022 66'-0" ALLOWABLE HEIGHT ENVELOPE
103'-0" ALLOWABLE HEIGHT ENVELOPE
10'-0"
8'-0"

THIRD LEVEL
+0'-0"

GROUND LEVEL

FOURTH LEVEL

FIFTH LEVEL

SIXTH LEVEL

SEVENTH LEVEL

EIGHTH LEVEL

PENTHOUSE LEVEL

SECOND LEVEL
-20'-0"
BASEMENT LEVEL B1
-32'-0"
BASEMENT LEVEL B2
-44'-0"
BASEMENT LEVEL B3
70'-0" STEP BACK
1'-6"
115'-0"

LOWER LEVEL ROOF
0 8' 16' 32'

HEIGHT ENVELOPE - TRANSVERSE SECTION
SP FIGURE 36
NOTE: SP Figures are conceptual and will be updated as the review process unfolds.

HOTEL RESTAURANT (APPURTENANT USE)
Cheval Blanc Beverly Hills Specific Plan Figures - APRIL 7, 2022 LANDSCAPE CONCEPTUAL PLAN SP FIGURE 37
NOTE: SP Figures are conceptual and will be updated as the review process unfolds.

Cheval Blanc Beverly Hills Specifi c Plan Figures - APRIL 7, 2022 EAST & WEST ELEVATIONS SP FIGURE 38
N. RODEO DRIVE
EAST
WEST
ALLEY
S. SANTA MONICA BLVD.

S. SANTA MONICA BLVD.

NORTH BEVERLY DRIVE
NOTE: SP Figures are conceptual and will be updated as the review process unfolds.

Cheval Blanc Beverly Hills Specifi c Plan Figures - APRIL 7, 2022 SP FIGURE 39

NORTH & SOUTH ELEVATIONS
N. BEVERLY DRIVE
N. BEVERLY DRIVE N. RODEO DRIVEN. RODEO DRIVE

SOUTH SANTA MONICA BOULEVARD
SOUTH
NORTH
ALLEY
N. BEVERLY DRIVEN. RODEO DRIVE
N. RODEO DRIVEN. BEVERLY DRIVE
SOUTH
ALLEY
NOTE: SP Figures are conceptual and will be updated as the review process unfolds.

Cheval Blanc Beverly Hills Specific Plan Figures - APRIL 7, 2022 SOUTH SANTA MONICA BLVD. RENDERING SP FIGURE 40
NOTE: SP Figures are conceptual and will be updated as the review process unfolds.

Cheval Blanc Beverly Hills Specific Plan Figures - APRIL 7, 2022 SP FIGURE 41
NORTH RODEO DR. RENDERING
NOTE: SP Figures are conceptual and will be updated as the review process unfolds.

Cheval Blanc Beverly Hills Specific Plan Figures - APRIL 7, 2022 NORTH BEVERLY BLVD. RENDERING SP FIGURE 42
NOTE: SP Figures are conceptual and will be updated as the review process unfolds.

Cheval Blanc Beverly Hills Specific Plan Figures - APRIL 7, 2022 BUILDING PLAN - LEVEL 6 & 7 - ANCILLARY OUTDOOR AMPLIFIED ENTERTAINMENT SP FIGURE 43
148'-6"
62'-7"
4'6"
85'-11"
LEVEL 6 LEVEL 7
NOTE: SP Figures are conceptual and will be updated as the review process unfolds.

HOTEL MEMBER’S CLUB RESTAURANT (APPURTENANT USE)
Cheval Blanc Beverly Hills Specific Plan Figures - APRIL 7, 2022 67'7" 50'
9" 13'
5"
18'-0"
10'-0"
5'-10" 63'
0"
8'-2"
6'-0"
6'-6" 147'-0" 13'-3"
BUILDING PLAN - LEVEL 9 PENTHOUSE - ANCILLARY OUTDOOR AMPLIFIED ENTERTAINMENT SP FIGURE 44
NOTE: SP Figures are conceptual and will be updated as the review process unfolds.

Cheval Blanc Beverly Hills Specific Plan Figures - APRIL 7, 2022 148'-6" 62'-7" 4'6"
85'-11"
OUTDOOR DINING LEVEL 6 & 7
SP FIGURE 45
2,500 SF
2,260 SF
LEVEL 6 LEVEL 7
NOTE: SP Figures are conceptual and will be updated as the review process unfolds.

HOTEL MEMBER’S CLUB RESTAURANT (APPURTENANT USE)
42 156329300.21
EXHIBIT 1 –Conditions of Approval (to be inserted after project approvals)

EXHIBIT C

GENERAL PLAN CONSISTENCY ANALYSIS
1 General Plan Consistency Analysis
The Cheval Blanc Beverly Hills Specific Plan Project proposes comprehensive redevelopment of the approximately 1.28-acre Project site and includes the properties addressed 456 and 468 North Rodeo Drive; 449, 451 and 453 North Beverly Drive; and 461 through 465 North Beverly Drive. The proposed Specific Plan could include up to 220,950 SF in floor area and up to 115 hotel guest rooms in a single multiple use building that includes a hotel with private dining areas and other appurtenant uses, restaurants open to the public, a private club, and retail uses. A portion of the existing public alley bisecting the Project Site would be relocated to the southern portion of the Project Site. The proposed Specific Plan identifies a total floor area ratio (FAR) maximum of 4.2:1 and an above ground maximum of

3.91:1. The submitted Conceptual Plan includes 212,034 SF of floor area and 109 hotel rooms. The total FAR calculation for the submitted conceptual plan is 4.03:1, with an above ground FAR of 3.75:1.

The City of Beverly Hills City Council finds the requested General Plan Amendment, Specific Plan, Zone Text Amendment, Zoning Map Amendment, Master Plan of Streets, Alleys, and Highways Amendment, Vesting Tentative Parcel Map, and Encroachment Permits consistent with the City of Beverly Hills General Plan based upon the analysis provided below, the General Plan consistency analysis provided in Table 4.7- 1 of the Cheval Blanc Beverly Hills Specific Plan Project Final Environmental Impact Report (SCH document # 2020110223), and the ‘Relationship to the General Plan’ discussion contained in Section 2.4 of the Cheval Blanc Beverly Hills Specific Plan, both of which are incorporated herein by reference.

GOALS AND POLICIES:
• 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 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.

The project exhibits a high level of excellence in site planning and unique architecture that is responsive and complementary to its Business Triangle location. The Project’s varied building heights and massing respond to directly adjacent existing physical development surrounding the Project site. Retail frontages and lower building heights are located on the Rodeo Drive portion of the building. Taller portions of the building are located on Beverly Drive with a height consistent with the existing commercial structure directly to the east. The building incorporates façade modulation and articulation on all elevations including varied window sizing to provide visual interest. The Project incorporates features such as a widened sidewalk and a pedestrian plaza with art to improve the streetscape and promote pedestrian activity along the Project’s three street frontages.
2 • 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.

The retail component of the Project is designed as a continuation of the Rodeo Drive pedestrian oriented commercial corridor and the ground floor publicly accessible restaurant interfaces with the street at the corner of Beverly Drive and South Santa Monica Boulevard. The street facing orientation of both the retail spaces and ground floor restaurant are complementary to the established pedestrian oriented retail environment that exists within the Business Triangle and is attractive to local and regional visitors. The high quality hotel and appurtenant amenities, including spa use, are hospitality uses centrally located in the City that will provide a quality experience for national and international tourists.
• LU 9.3 Anchor Locations. It is also recommended that certain anchor locations be set aside to permit development of a higher intensity type of development which is not otherwise provided in the community. These areas should be located so as to be accessible from the City’s major shopping areas and close to the City’s major streets. These anchor locations should include those large parcels that are located at the gateways to the City, such as the site at 9850, 9876, 9900, and 9988 Wilshire Boulevard where additional building height is appropriate. A variety of land uses such as commercial, hotel, residential, and mixed use should be considered for the gateway locations. A change of use from commercial to residential, hotel or mixed use should be allowed only if such change provides an adequate transition to adjacent single family neighborhoods. • LU 9.4 Anchor Location Design Criteria (as revised). 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.

Consistent with these two anchor location General Plan Land Use Element policies, the Project is a unified multiple use (hotel, retail, and club uses) building with a higher intensity of development (both density and height) at an anchor location (the northern end of the City’s luxury retail shopping street within the City’s Business Triangle). The hotel/retail/club Project would demark the entry to the northern end of the Rodeo Drive luxury retail corridor and would mirror existing anchor development at the southern end of Rodeo Drive: the existing taller hotel (Beverly Wilshire Hotel) and adjacent unified retail development (Two Rodeo). The Project incorporates measures to encourage pedestrian circulation in the Business Triangle, including a widened sidewalk on South Santa Monica Boulevard, uniform landscaping and enhanced sidewalk paving material in the public right-of-way surrounding the Project, and a publicly accessible pedestrian plaza at the corner of Rodeo Drive and South Santa Monica Boulevard.

• 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 street-facing 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.

Both the 150 linear feet of Rodeo Drive retail frontage and approximately 200 linear feet of South Santa Monica Boulevard and Beverly Drive ground floor restaurant frontage are consistent with 3 the specific characteristics listed in General Plan Land Use Policy LU 11.3. Both the retail and ground floor restaurant spaces are designed to: a) maintain the commercial streetwall that exists in the City’s Business Triangle; b) provide ample pedestrian level fenestration between the commercial spaces and public sidewalk and have direct pedestrian entrances from Rodeo Drive and Beverly Drive respectively; c) include upper story articulation along all street-facing sides of the building and provide a 20’ by 35’ building inset on Rodeo Drive for a publicly accessible pedestrian plaza; d) provide the plaza at the corner of Rodeo Drive and South Santa Monica Boulevard as a public space and include large building openings on South Santa Monica Boulevard and Beverly Drive to provide connection between the interior dining areas of the ground floor restaurant with the adjacent public sidewalks; and e) include distinct ground level retail spaces with retail signage consistent with the pedestrian oriented retail signage pattern found within the Business Triangle.
• LU 11.5 Retail Streetscapes. Maintain and, where deficient, improve street trees, plantings, furniture, signage, public art, and other amenities that promote pedestrian activity. • 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.

The Project includes improvements to beautify the public right-of-way that surrounds the Project site and thus promote pedestrian activity and create a safer and more comfortable pedestrian environment that is integrated into the City’s walkable Business Triangle. These improvements include: a) replacement street trees around the new building that are planted at a spacing consistent with the current street tree configuration located in the immediate vicinity and are tree species consistent with those planted within the Business Triangle; b) additional 3’ wide landscaped areas in the public right-of-way that will be maintained by the Project operator; and c) widened sidewalks on South Santa Monica Boulevard as well as a publicly accessible pedestrian plaza that will include art.
• 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.

The Project’s new building is required to meet the City of Beverly Hills Green Building Code and CALGreen as well as be designed to meet a minimum rating of ‘Gold’ under the Leadership in Energy and Environmental Design (LEED) Green Building Rating System. LEED-consistent features are identified in Section 4.9 of the Project’s Specific Plan and require the Project to be designed in a manner to reduce energy, water and natural resource consumption when compared with standard construction techniques, as well as require minimizing construction waste, and reduce the use of toxic 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 ClassA offices, high end retail and fashion, restaurant, hotel, technology, and supporting uses. • ES 1.4 Retain Existing Industries. Consistent with future economic sustainability plans, encourage existing industries such as luxury retail, tourism, hoteling, finance, entertainment and media businesses and services to remain and expand within the City. 4 The luxury retail businesses located on Rodeo Drive are closely identified with commercial identity of the City of Beverly Hills. The Project is an anchor development at the north end of Rodeo Drive that includes luxury retail and high end hotel uses. This development expands both luxury retail and luxury hotel offerings located in the City and builds upon the City’s identity as an international destination for high end retail, hotels, and services.
• 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.
• 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.

The Project is a new development that includes a publicly accessible plaza directly accessible from the sidewalks surrounding the building. The plaza will provide an additional public space along Rodeo Drive that will add interest to the pedestrian environment on this highly visited street. • 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 alternative modes of travel, based on the site’s proximity to transit.

A parking demand analysis that quantified the shared parking opportunities of the multiple use Project was completed. The parking requirements of the Specific Plan will ensure that the number of parking spaces provided by the Project is adequate to meet parking needs for the included uses, including any additional parking needs for special events at the Project site. In addition, a portion of the parking for the retail component of the Project is provided offsite through participation in the in lieu parking program. Thus this portion of the retail parking is provided through the use of public parking structures that are shared with other uses located within the City’s Business Triangle. The Specific Plan also requires that TDM measures, such as providing transit passes to employees and guests and on-site bicycle facilities, are incorporated. The Project is located in close proximity to existing (North Santa Monica Boulevard rapid bus line) and future (Wilshire Boulevard Westside subway extension) transit.
• 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.

The Specific Plan requires the Project to include secure bicycle parking spaces within the building, at-grade bicycle parking spaces for short-term visitors, and provide charging facilities for ebicycles. The Project includes lockers and showers for use by employees who commute by bicycle. • CIR 11.2c (portion of Role of Alleys). 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 5 arrangement of structures or possible consideration of the space above or below the alley for parking purposes.

The Project is an anchor development located at the north end of the City’s Business Triangle that spans four existing parcels between Rodeo Drive and Beverly Drive. The relocation of the alley is required in order to consolidate the site and allow the unified development of a single building across an entire block. The alley relocation thus helps facilitate a project that serves the City’s objective of a high quality multiple use anchor commercial development at a key location within the City’s Business Triangle.

EXHIBIT D

CONDITIONS OF APPROVAL
1 Community Development/Planning Project Conditions

1. Compliance with Plans. The Project shall be built in substantial compliance with the approved plans dated September 9, 2022 (“Approved Plans”) and the approved Cheval Blanc Beverly Hills Specific Plan (“Specific Plan”). These Approved Plans shall be kept on file with the City Clerk’s Office and the Department of Community Development, Planning Division, and subject to additional conditions as may be imposed by the Architectural Commission.

2. Amendments. The provisions governing amendment of the Specific Plan and Approved Plans are set out in Section 6.3 of the Specific Plan. These provisions identify the criteria for amendments that require review and approval of the City Council and Planning Commission, when the Community Development Director may consider an administrative modification through a publicly noticed review process, and certain limited circumstances when minor modifications may be approved by the Community Development Director.

3. Architectural Commission Review. Prior to the issuance of building permits, the design, materials and finishes of the building, and proposed landscaping shall be subject to the review and approval of the Architectural Commission. The Developer shall submit to the Architectural Commission final landscape, lighting, and irrigation plans. Landscape and irrigation plans shall be prepared by a licensed landscape architect.

4. Architectural Commission Review of Building Signage. Prior to the issuance of a certificate of occupancy, Project exterior signage shall be reviewed and approved by the Architectural Commission.

5. Final Building Plans. Final building plans shall be consistent with the preliminary plans approved by this Resolution and shall be prepared by a licensed professional. 2 6. Alley Relocation. The existing north/south alley bisecting the Project Site shall remain open until the relocated east/west alley segment is completed and has been opened for public access.

7. Building Site. Prior to the issuance of excavation permits or building permits associated with the construction of the relocated alley and subsurface portions of the structure located under the relocated alley, the two parcels located on the South Beverly Drive side of the Project Site shall be legally tied to form one parcel through the use of a lot-tie covenant.

Prior to the issuance of any excavation permits for the portion of the Project Site where the existing alley is located or for building permits for the remainder of the structure, the Final Vesting Parcel Map shall be recorded. The lot-tie covenant is subject to review and approval by the City Attorney and shall be recorded with the County of Los Angeles Recorder’s Office.

In the event that the Applicant opts to proceed with the lot-tie covenant, no building shall be permitted in the existing alley area to be removed and relocated until the Final Vesting Parcel Map is recorded, except that minor work in the existing alley area may be approved by the Director of Public Works through an encroachment permit or public right-of-way use permit.

8. Outdoor Dining Area Amplified Sound. All openings, including but not limited to windows and doors, that are located on the 6th and 7th floors and between the indoor dining areas and contiguous outdoor dining areas must remain closed after 11 PM, other than when in use for ingress or egress.

9. Hotel and Club Member Dining on 2nd and 7th Floors. Dining areas located on the 2nd and 7th levels shall be accessible to hotel guests, club members and their respective guests only. Access to these dining areas shall not be available to the general public. Upon the request of the Community Development Director, table reservation information, provided as 3 aggregated data that indicates the percentage of diners at the 2nd and 7th floor dining areas that are hotel guests and their guests and the percentage of diners that are club members and their guests, shall be provided to the City to verify compliance with this use restriction.

10. Penthouse Deck Amplified Sound. All openings, including but not limited to windows and doors, that are located on the penthouse level and between the penthouse and the penthouse pool deck area must remain closed after 11 PM, other than when in use for ingress or egress.

11. Club Membership Restrictions. Club membership is limited to no more than 250 members for the first year after the date of the certificate of occupancy for the building. An additional 125 members may be added after the first anniversary of the certificate of occupancy (Maximum of 375 members during the second year of occupancy). An additional 125 members may be added after the second anniversary of the certificate of occupancy (Maximum of 500 members during the third year of occupancy and thereafter). Upon the request of the Community Development Director, total club membership information will be provided to the City to verify compliance with this condition.

12. Public access to Pedestrian Plaza. Public access to the ‘Pedestrian Plaza’ depicted in the Approved Plans and required by the Specific Plan shall be maintained at all times.

Notwithstanding the foregoing, the Plaza may be closed periodically by the Applicant for maintenance purposes after providing notification to the Community Development Director and Public Works Director. Any closure longer than 24 hours requires prior authorization from the Community Development Director and Public Works Director. 4 13. Pedestrian Plaza Maintenance. The Plaza shall be maintained and kept clean at all times. The Applicant shall be responsible for the maintenance and cleaning of the Pedestrian Plaza as well as all associated costs.

14. Public Plaza Review. The Community Development Director and Public Works Director shall review and approve a conceptual Public Plaza design that includes the plaza configuration and proposed materials. The following criteria shall be used in reviewing the conceptual design and materials: adequacy of pedestrian accessibility, the adequacy of materials to withstand permanent public use, and review of materials for consistency to ensure that the materials do not conflict with the materials used for the adjacent public sidewalk. This review authority does not include review of the private art other than for public safety purposes and as to its relationship to pedestrian accessibility. The Directors may choose to refer this review to the Planning Commission for its approval.

15. Right-of-Way Landscaping. The Community Development Director and Public Works Director shall review and approve the landscape plan for landscaping located within the public right-of-way. The following criteria shall be used in reviewing the landscape plan:
consistency with City and State water conservation regulations, public safety including accessibility, and the durability and maintenance needs of the proposed planting materials.

16. Right-of-Way Subsurface Encroachment Agreements. Prior to the approval for any excavation or other work within the public rights-of-way, the Applicant shall enter into an encroachment agreement with the City to allow the subterranean encroachments under the City’s rights-of-way.

17. Right-of-Way Landscaping and Sidewalk Paving Encroachment Agreements. Prior to the re-opening of the public sidewalk and the issuance of a certificate of occupancy, the 5 Applicant shall enter into an encroachment agreement with the City to allow the landscaping and special paving to be located within the City’s rights-of-way surrounding the Project Site.

18. Right-of-Way Maintenance. The Applicant shall be responsible for the maintenance of the sidewalks, parkways, street trees and other landscaping, including irrigation, within and along the public rights-of-way adjacent to the Project Site along Rodeo Drive, South Santa Monica Boulevard, and Beverly Drive, including the area adjacent to the relocated alley.

19. Public Easement for Relocated Alley. The Final Vesting Parcel Map shall dedicate to the City an easement for the relocated alley, which easement shall grant public use of the relocated alley area for public street and/or alley and public utility purposes (the “Relocated Alley Easement”). The legal description of the three dimensional space of the Relocated Alley Easement shall include the space extending between the bottom of the building area constructed above the easement area at the top, and the top of the structure below the surface of the alley that is constructed for the subterranean portion of the hotel building. A vault for public utility use between the alley surface and the top of the structure below the surface alley that is constructed for the subterranean portion of the hotel building, with dimensions authorized by the Public Works Director, shall be included in the easement area. The easement shall also provide that the Relocated Alley Easement area cannot be closed, blocked, or otherwise rendered unusable, on either a temporary or permanent basis, by any person or entity other than the City of Beverly Hills without the express prior approval of the Public Works Director.

20. Public Alley Signage. The North Beverly Drive entrance to the alley shall be appropriately marked by “blade” style signage that indicates the entrance to the public alley 6 and the direction of travel on the public alley. The size and location of signage requires review and approval by the Public Works Director and Community Development Director, and shall include the City logo to indicate that it is a public alley.

21. Public Alley ‘Stopping Prohibited’ Lane Marking and Signage. Prior to the opening of the relocated alley for public use, the pavement of the alley shall be painted to state ‘Stopping Prohibited’. In addition, ‘Stopping Prohibited’ signage shall be installed on the wall of the Project’s vehicle ramp to the subterranean parking located adjacent to the relocated alley.

The location and size of the lane markings and signage shall be reviewed and approved by the Community Development Director and Public Works Director.

22. Existing In-Alley Loading Zone Modification. Prior to the opening of the relocated alley for public use, the Applicant shall provide the Public Works Director a report prepared by a traffic engineer evaluating whether the location of the existing loading zone painted in the alley right-of-way adjacent to 437-447 North Beverly Drive conflicts with left turn vehicle movements from the relocated alley segment onto the existing north-south alley. Upon review of this information, the Public Works Director may require modification of the loading zone.

The Applicant shall pay for any modifications to this loading zone required by the Public Works Director.

23. Install Cameras to Monitor Alley. Security cameras shall be installed to monitor vehicle operations in the relocated portion of the alley located under the Project building and the access point to the Project’s at-grade loading facility. The locations of cameras shall be subject to Community Development Director review and approval. The camera feed shall be provided to a hotelsecurity room and monitored by building security staff to the extent feasible.

If a vehicle violates the prohibition on stopping in the relocated portion of the alley located 7 under the Project building and the access point to the Project’s at-grade loading facility, building security shall inform the vehicle driver of the prohibition and/or contact the Beverly Hills Police Department to enforce this traffic regulation.

24. South Facing Ground Floor Pedestrian Entrance Restrictions. Pedestrian entrances on the ground floor of the building that face south and are adjacent to the relocated alley shall be limited to employee entrances only and shall remain locked with access allowed only to employees. Prior to Certificate of Occupancy, signage indicating that these doors are employee entrances only and no deliveries are allowed shall be installed. This restriction does not apply to openings associated with the building’s at-grade loading facility.

25. Future modification of Alley Direction of Travel. If a request to change the direction of travel on the alley adjacent to the project is authorized by the City (subject to Public Works Department – Transportation Division and Traffic and Parking Commission review and City Council approval) in the future, Project Condition 20 shall no longer be applicable. A future approval to reverse alley traffic flow should include: clear physical partition between eastbound vehicles using the alley and westbound vehicles entering the parking structure; appropriate wayfinding signage for the alley and for the Project’s parking structure; signage per CaMUTCD clearly indicating “DO NOT ENTER/WRONG WAY” so that westbound vehicles do not enter the eastbound alley; and striping to avoid wrong way vehicle traffic entering the alley from North Beverly Drive. The requestor of the alley directional change shall be responsible for submittal of a traffic analysis that fully evaluates whether a left turn from a North Beverly Drive exit should be prohibited.

26. Loading Scheduling System and Loading Review. Prior to issuance of a certificate of occupancy, the Applicant shall provide to the Community Development Director 8 information regarding the delivery scheduling system that will be used for the Project’s two ground level loading bays. If the City receives complaints regarding the alley operation after the Project begins operation, the Director may require the Applicant to provide an upcoming delivery schedule and City Staff may monitor the site for compliance with the schedule, with all costs of the monitoring paid for by the Applicant. If deliveries deviate from the schedule or unauthorized locations are used by delivery vehicles, including but not limited to the relocated alley segment, the Community Development Director may choose to schedule a public hearing so that the Planning Commission may consider additional delivery restrictions for the Project.

27. Retail In Lieu Parking. Customers accessing the Project’s Rodeo Drive retail stores are prohibited from using valet services located in the Project’s motor court or using the Project’s motor court for pick-up or drop-off by ride-share, taxi, private vehicle or other mode without using valet service. Retail customer parking will be provided through participation in the in lieu parking program, except as provided for in Project Condition 28. The Project is subject to the Rodeo Drive retail rate for the required in lieu parking spaces (the per space rate at time of payment is applicable, currently the fee is $51,674.00 per space). The project requires 33 in lieu parking spaces. Payment of the Rodeo Drive rate for 28 in lieu spaces is required as 5 in lieu retail parking spaces for retail uses have been previously purchased for the Project site. Upon the request of the Community Development Director, valet parking information shall be provided to the City to verify compliance with this condition.

28. Retail Very Important Person/Client (VIP-VIC) Parking. At any one time, up to 15 VIP-VIC retail customer vehicles may directly access the subterranean parking structure on a shopping by appointment basis. These VIP-VIC retail customer vehicles are prohibited from using the Project’s motor court valet service or using the Project’s motor court for pick-up or 9 drop-off by ride-share, taxi, private vehicle or other mode without using valet service. In addition, VIP-VIC retail customer vehicles may not enter the hotel motor court for retail customer drop-off or pick-up. The entry of VIP-VIC retail customer vehicles into the secured underground parking shall be facilitated during retail business hours by security personnel stationed on the ground floor security room located on the southern end of the building.

29. Valet Parking for Club Use. Valet parking services for club members and guests of club members shall be located at a curbside location on North Beverly Drive near the ground floor entrance into the members’ club lobby. The configuration and location of the curbside valet location is subject to Community Development Director and Public Works Director review and approval prior to issuance of Certificate of Occupancy for the building. Club members and their guests are prohibited from using the valet parking service located in the Project’s motor court or using the Project’s motor court for pick-up or drop-off by ride-share, taxi, private vehicle or other mode without using valet service.

30. Club Member Self-Parking. All club members shall be offered a self-parking option to access the Project’s subterranean parking structure. The provided self-parking access shall be key card controlled.

31. Valet Access Only Signage. Signs shall be installed indicating that the on-site valet vehicle return lane with access into the hotel motor court shall be used by valet staff only. VIPVIC retail customers and self-parking club members shall use the public alley to exit the site.

32. Final Valet Parking Plan. Prior to issuance of a certificate of occupancy, the Developer shall submit a final version of the valet parking plan for Community Development Director and Public Works Director review and approval. The final valet parking plan shall include information on the number of valet attendants that will be on duty at any given time, 10 the standard operating procedures for staging of limousines, ride share vehicles, car service vehicles, and taxis, and any other information deemed necessary by the Directors. The valet parking plan shall provide operational information for both the valet service within the Project’s motor court and the valet operations located on North Beverly Drive for the club use.

33. Left Turns into Motor Court Entrance Prohibited. Left turns from westbound South Santa Monica Boulevard to the Project motor court entrance are prohibited. The Applicant shall have a traffic engineer design measures that could include, but are not limited to, signage, lane markings, and/or physical barriers to restrict the prohibited left turn movement. The design measures shall be subject to Public Works Director review and approval. The Applicant is responsible for the full cost of installing these measures. The measures shall be installed prior to certificate of occupancy.

34. Motor Court Exit Signage and Lane Markings. “Right Turn Only” signage and “Keep Clear” lane markings must be installed in the eastbound lanes of South Santa Monica Boulevard at the motor court exit prior to certificate of occupancy. The design and location of the “Right Turn Only” signage and “Keep Clear” lane markings are subject to review and approval of the Public Works Director prior to installation. The Applicant is responsible for the costs of signage and lane markings.

35. On-Street Loading and Delivery. On-street loading and delivery for any use on the Project Site is prohibited on North Rodeo Drive, South Santa Monica Boulevard or in the alley adjacent to the Project. Subject to Public Works Director and Community Development Director review and approval, short-term deliveries may occur in the North Beverly Drive curbside area adjacent to the ground floor private club entrance during limited times approved in the Project’s valet parking management plan. If approved by the Directors, the allowed time 11 period and allowed parking duration for short-term deliveries shall be indicated on signage located on North Beverly Drive.

36. Free Employee Parking. Employees of business entities operating at the Project Site, inclusive of retailers; restaurants; the hotel and related ancillary services; and the membership club; who choose to drive vehicles to their workplace, shall be provided free parking either on-site or at an off-site parking location properly authorized pursuant to Subsection 4.4.B of the Cheval Blanc Beverly Hills Specific Plan.

37. Unanticipated Traffic, Loading, or Parking Impacts. In the event that the Community Development Director determines that operation of the Project is having unanticipated traffic, loading, and/or parking impacts, the Director shall require the Applicant to provide an analysis of the traffic, loading, and/or parking impacts. After review of the additional analysis, the Director may recommend the implementation of additional conditions to mitigate the impacts or schedule a hearing before the Planning Commission concerning the unanticipated traffic, loading, or parking impacts being caused by the Project. At least twenty days prior to such hearing, notice shall be posted on the site; mailed to all property owners and residential occupants within 1,000 feet of the project site, plus blockface; and shall be published in two newspapers of local circulation. Additionally, the Applicant shall receive at least twenty days’ notice of such hearing. Upon conclusion of the hearing, the Planning Commission may impose additional conditions upon the Project as necessary to mitigate any unanticipated traffic, loading, and/or parking impacts caused by the Project, and the Applicant shall forthwith comply with any such additional conditions at their sole expense. However, the owner(s), Applicant, or hotel operator(s), may appeal the decision of the Planning Commission to the City Council pursuant to the provisions of the Beverly Hills Municipal 12 Code and any decision of the Planning Commission shall be stayed pending a decision by the City Council on appeal.

38. Green Building Design. The building shall be constructed to meet or exceed LEED® Gold certification or equivalent. A green building plan shall be submitted as part of the application for a building permit. The green building plan shall indicate which LEED® checklist items the project will utilize, and indicate where compliance with each selected point is shown on the plans. The Developer shall be required to implement all points shown in the final green building plan. The Building Official or their designee shall verify compliance with each selected point prior to issuance of a final certificate of occupancy. The Building Official may conduct other inspections as needed to ensure compliance with this condition. The Developer may request amendment of the green building plan and such amendment may be approved by the Building Official, provided that the LEED® Gold certification or equivalent is maintained.

39. Solar Collectors Required. Prior to the issuance of a Certificate of Occupancy for the building, solar collectors must be installed and operational on the roof of the building.

Other City Departments’ Requirements

40. The Developer shall comply with all applicable conditions and permits required from the Public Works Department and Community Services-Recreation and Parks Department attached as Exhibit A. The Developer shall secure all necessary permits from the Engineering Division of Public Works prior to commencement of any demolition or Project related work.

41. The Project shall comply with all applicable conditions from the Fire Department as may be identified through the plan check process.
13 Construction Management

42. Prior to issuance of a demolition or grading permit, the Developer shall submit a Construction Management Plan satisfactory to the Community Development Director and the Building Official. The Construction Management Plan shall incorporate the Construction Traffic Management Plan (TRA-MM-1) and the Construction Workers Parking Plan (TRAMM-2) as described in the attached Mitigation Measures for the Project. The Construction Management Plan shall also include, at a minimum, the following requirements:
a. A map identifying routes and the locations of off-site construction worker parking lots to be utilized shall be provided to the City and include written certification from the owner(s) of the parking lots proposed to be used that such parking will be available to the Developer for the duration of the construction period during which off-site parking is necessary.
b. All final construction mitigation measures in the Final Environmental Impact Report. c. A construction phasing and timing plan for the Project, and implementation plan for each phase of construction (demolition, excavation, concrete, superstructure, etc). d. Specification that hauling of debris and/or soil from the site shall be allowed to take place at night and/or weekends as approved by the Director of Community Development in accordance with an after-hours work permit (BHMC Section 5- 1206).
e. Requirements for measures such as a sign-in/sign-out requirement for all persons accessing and leaving the site, defined separations between public and construction areas, fencing and/or landscape barriers, active surveillance, privacy screening, and other similar measures to prevent unauthorized access between such areas. 14 f. Information clearly identifying the usage of cranes and other heavy equipment. g. A provision prohibiting construction trucks from queuing on South Santa Monica Boulevard or North Rodeo Drive during all aspects of construction, with the exception that trucks may queue on these streets in locations and during timeframes as may be authorized by the Building Official as part of a night-time construction permit.

43. Temporary Placement of Construction Equipment. City Traffic Engineer review and approval is required for all temporary placements of construction equipment in the alley.

44. Alley Closure Limitations during Project Construction. During construction, when the relocated alley becomes operational to public traffic, alley closures shall not occur earlier than 10 PM or later than 8 AM, except in the case of emergency closure. Any alley closure requires approval of the Public Works Director.

45. Alley Closure Notifications. The Applicant shall notify tenants and property owners on the west side of the 400 block of North Beverly Drive and east side of the 400 block of North Rodeo Drive of any construction related full or partial alley closure at least seven (7) days prior to the alley closure. Proof of this notification shall be provided to the Community Development Director.

46. Construction Schedule Website. The Applicant shall maintain a publicly accessible website with a current construction schedule. Prior to the issuance of building permits, the website address must be provided to tenants and property owners on the west side of the 400 block of North Beverly Drive and east side of the 400 block of North Rodeo Drive and posted at a publicly visible location on the Project Site.
15 47. A cash deposit of $25,000 shall be deposited with the City to ensure compliance with the conditions of this Resolution regarding construction activities. The $25,000 deposit shall be replenished as deemed necessary by the City’s Building Official. Such deposit shall be returned to Developer upon completion of all construction activities and in the event that no more than two violations of such conditions or the Beverly Hills Municipal Code occur. In the event that three or more such violations occur, the City may: (a) retain the deposit to cover costs of enforcement; (b) notify the Developer that the Developer may request a hearing before the City within ten days of the notice; and (c) issue a stop work notice until such time that an additional deposit of $25,000 is deposited with the City to cover the costs associated with subsequent violations. Work shall not resume for a minimum of two days after the day that the additional deposit is received by the City. If the Developer timely requests a hearing, said deposit will not be forfeited until after such time that the Developer has been provided an opportunity to appear and offer evidence to the City, and the City determines that substantial evidence supports forfeiture. Any subsequent violation will trigger forfeiture of the additional deposit, the issuance of a stop work notice and the deposit of an additional $25,000, pursuant to the procedure set forth herein above. All amounts deposited with the City shall be deposited in an interest bearing account. The Developer shall be reimbursed all interest accruing on monies deposited. The requirements of this condition are in addition to any other remedy that the City may have in law or equity and shall not be the sole remedy of the City in the event of a violation of the conditions of this Resolution or the Beverly Hills Municipal Code.

48. The Developer shall maintain the site in an orderly condition prior to commencement of and during construction, including but not limited to, maintenance of the 16 orderly appearance of existing structures and landscaping on the site, dust suppression for areas cleared by demolition, maintenance of safety barriers and adjacent public sidewalks.

49. City Construction Relations Officer. The Developer shall deposit with the City funds adequate to pay for a City consultant or City employee that is designated as the Project’s City Construction Relations Officer. The deposit to fund this position shall be regularly replenished by the Applicant upon City request. The City Construction Relations Officer may be contacted by the public in the event that the public has any concerns regarding the maintenance of the site or the project construction activities. The name and telephone number of the City Construction Relations Officer shall be transmitted to the owners and occupants of properties located on the 400 block of North Rodeo Drive and North Beverly Drive. In addition, the Applicant shall post the name and telephone number of the City Construction Relations Officer on the site in a location readily visible to the general public as approved by the Community Development Director and on the Project’s publicly accessible webpage.

50. Within three working days after approval of this Resolution, the Developer shall remit to the City a cashier’s check payable to the County Clerk and inclusive of the County Clerk posting fee, for a documentary handling fee in connection with Fish and Game Code requirements in addition to the Department of Fish and Game filing fee imposed pursuant to Fish and Game Code Section 711.4.

51. Property Maintenance. The Applicant shall be responsible for the operation and maintenance of the private sewer connection to the public sewer in the public right-of-way, the site drainage system, the maintenance of the common areas and facilities, the exterior of the building, and any costs or corrections due to building or property maintenance code enforcement actions.
17 General Conditions

52. All electrical transformers and other such mechanical equipment shall be clearly depicted, described, or both, in the final plans reviewed by the Planning Division of the Department of Community Development Department, prior to issuance of a building permit.

Screening and/or relocation may be required if the proposed locations have the potential to adversely affect the appearance of the building from the public right-of-way.

53. The Project shall comply with the applicable conditions and shall obtain all necessary permits, including those from the Public Works/Engineering Department. The Conditions List is attached hereto as Exhibit A and incorporated herein by this reference.

54. The Developer shall comply with the requirements of the Street Tree Mitigation Plan of the Recreation and Parks Department, incorporated herein by this reference.

55. These conditions shall run with the land and shall remain in full force for the duration of the life of the Project.

56. The City reserves the right to make modifications and/or impose additional conditions which may become necessary to enable implementation of the specific conditions set forth in this Resolution, and the Developer shall comply with all such modified or additional conditions.

57. The developer of the Project shall comply with the Mitigation Monitoring and Reporting Program adopted for the Project, which is attached hereto, including all mitigation measures set forth therein.

58. Recordation. The provisions of the Specific Plan shall not become effective and no development or implementation of the Specific Plan shall be permitted until a) the ordinance approving the development agreement has become effective, b) the development agreement is 18 executed and recorded and c) a covenant, satisfactory in form and content to the City Attorney, accepting the conditions of approval set forth in this Resolution, is recorded. The covenant shall include a copy of this Resolution as an exhibit.
19 Exhibit A

CHEVAL BLANC BEVERLY HILLS SPECIFIC PLAN

PUBLIC WORKS CONDITIONS LIST
Engineering:

1. Applicant shall contact all utility companies (Southern California Edison, the Gas Company, Time Warner and AT&T, etc.) to arrange for the relocation of their utilities before commencing relocation process.

2. Each utility within the alley shall be relocated without interruption of service. It will be the Applicant’s responsibility to make the requisite arrangements with each and every utility to provide an equivalent level of service as each utility deems necessary. All utilities proposed for relocation will need to be relocated to the satisfaction of each utility owner before any work for the proposed project will be allowed in the relocated portion of the alley.

3. All City owned and operated utilities shall be relocated at the Applicant’s expense. The Applicant shall work with franchise utilities to relocate those utilities at no expense to the City. The City will assist the Applicant with such relocation, to the extent that the City bears no expense in this effort.

4. Applicant shall clearly identify the process, phasing, and future location of utilities in the event that the alley is relocated.

5. Sidewalks, curb ramps and curb and gutter surrounding the site on South Santa Monica Boulevard, Beverly Drive and Rodeo Drive shall be removed and replaced (according to City standards), and shall be paid for by the Applicant.

6. The pavement for the full width of South Santa Monica Boulevard, Rodeo Drive and Beverly Drive (within the projection of property lines) shall be removed and replaced according to City standards, and shall be paid for by the Applicant.

7. All survey monuments, underground utilities, and any off-site improvements affected by the demolition shall be re-established according to the City standards, and shall be paid for by the Applicant. No structures or improvements are permitted within the public rightof-way without an encroachment permit.

8. All street light poles and fixtures surrounding the site shall be removed and replaced based on specifications and standards provided by the City and shall be paid for by the Applicant. In addition, two 4-inch empty conduits with pull boxes shall be installed underneath all sidewalks surrounding the site for future use based on staff’s direction and satisfaction.
20 9. The same lighting intensity shall be maintained on South Santa Monica Boulevard, Rodeo Drive, and Beverly Drive if street lights adjacent to the proposed building are removed due to excavation under the sidewalks. Also, a continuous power supply shall be maintained to the rest of the street lights on both streets if street light conduits are removed due to the excavation under the sidewalks.

10. Future driveway and alley approaches shall be constructed to current ADA and City standards.

11. In accordance with the requirements set forth in City Council Resolution 71-R-4269, the Applicant shall file a formal written request with the Civil Engineering Division for approval of any type of temporary construction encroachment (steel tieback rods, etc.) within the public right-of-way. Shoring plans and elevations prepared by a registered civil engineer shall be submitted for review. Shoring elements shall not project into the alleys. An indemnity bond shall be submitted and approved by the City Attorney prior to excavation. Shoring plans shall be in compliance with the City of Beverly Hills document titled SUMMARY OF REQUIREMENTS FOR THE

INSTALLATION/REMOVAL OF TIE-BACKS AND SUPPORTING STRUCTURES which is incorporated by reference.

12. Applicant shall provide a soil report prepared by a California registered geotechnical engineer that identifies the shoring recommendations and design parameters.

13. A minimum clearance of eight feet is required between the top of the basement slab and the finish grade of the sidewalk.

14. A east-west public alley with dimensions specified on VTPM No. 82872 that connects the north-south alley to Beverly Drive shall be granted by easement to the City of Beverly Hills.

15. A site improvement plan designed by a licensed Civil Engineer in the State of California shall be prepared and submitted to the Civil Engineering Division for plan check and approval. All work in the public right of way shall be constructed in accordance to the approved plans and required permits issued for this specific work. Plans should show the property line and the exact dimension of public right -of- way encroachments on all views and cross sections.

16. Safe pedestrian access shall be maintained (5 feet minimum) on S. Santa Monica Boulevard, Beverly Drive and Rodeo Drive during excavation and construction. No sidewalk closures are allowed unless otherwise approved by the City Engineer.

17. Applicant shall provide a Construction Management Plan (CMP) which clearly shows usage of cranes and other heavy equipment. The City Engineer has the discretion to modify the CMP during construction to address concerns created by the project.

18. Landscape plans shall be reviewed and approved by the City’s Arborist. 21 19. Removal and replacement of City trees shall be coordinated and authorized by the City’s Arborist. An indemnity bond shall be submitted and approved by the City Attorney prior to removal
Transportation:

20. Hauling shall be limited to South Santa Monica Boulevard to the western City limit (South Santa Monica Boulevard and Moreno Drive) between 7PM to 10PM; and south along Beverly Drive to Wilshire Boulevard and easterly on Wilshire Boulevard to the City limits from 10PM to 7:30 AM.

21. Staging of construction trucks is not allowed within the City of Beverly Hills.

22. All streets and alleys shall remain open during construction, unless otherwise approved by the City Engineer.

23. No construction crew parking is allowed on City streets. Contractor shall make arrangement for construction personnel parking and shuttling if needed.

24. Intersection signal modifications shall consist of new galvanized poles and blend with existing signalized intersection pole aesthetics.

25. All traffic control plans shall be stamped by a California license engineer.

Water:

26. The Developer shall make connections to the City's water system through the existing water service connections unless otherwise approved by the City Engineer. The size, type and location of the water service meter installation shall also require approval from the City Engineer.

27. The Developer shall prepare and provide final plans for the development along with finalized water demands, fire service demands and fire flow requirements from the Fire Department. The City will complete the water system hydraulic analysis based upon this finalized information. The City Fire Department shall determine the fire flow requirements per hydrant and hydrant spacing surrounding the site. These requirements will be used in the final hydraulic analysis. The City will generate a final technical memorandum summarizing the results of the analysis. Off-site water system improvements shall be required based upon the preliminary analyses performed in 2020.

Wastewater

28. The Developer shall complete a sewer hydraulic analysis/sewer area study to assess the capacity of the municipal sewer system, specifically the existing sewer lines within the City of Beverly Hills which will convey the flow from the Project site. The study shall 22 be based on the Project’s final approved use and occupancy. The Developer shall pay for any necessary sewer system upgrades that are necessary to convey the Project’s additional sewage discharge.

29. Proposed realignment of the alley will require abandonment/relocation of existing utility lines. Any sewer line in the proposed alley to be abandoned shall be CCTV’d to verify existing connections before abandoning the line. This work shall be done according to City standards and shall be paid for by the Applicant.

30. Condensate from HVAC and refrigeration equipment shall drain to the sanitary sewer, not curb drains.

31. The Applicant is required to install a new sewer maintenance hole for city access in the portion of the alley where new termination will occur and where the new sewer mainline will begin from the property to the new sewer main.

32. The Applicant is required to install a grease interceptor for food service establishment uses. Grease interceptor design shall meet the Los Angeles County Public Works Industrial Waste Program requirements. Placement shall be accessible for maintenance operation.

Storm Water

33. The catch basin located at the south side of S. Santa Monica Blvd., east of Rodeo Dr. shall be removed and replaced. The new catch basin shall be constructed per County Flood Control District standards. The new catch basin shall also include a front automatic retractable screen (ARS) and a full capture screen (FCS) systems. Design of ARS and FCS shall meet Los Angeles County Department of Public Works.

34. The Developer shall include a reclaimed water system that includes both a greywater system and a storm water capture system to reduce overall potable water demands as required by Section 4.9 of the Specific Plan, including sufficient plumbing features to allow gray water to be used for landscaped areas on the property. All plumbing requirements shall be subject to review and approval by the City’s Building and Safety Division.

35. The Developer shall install a non-potable water system to manage urban runoff or shallow groundwater that is encountered on-site. The Developer shall implement all plumbing, health and safety code requirements by the City’s Building and Safety Division and Los Angeles County Department of Public Health.

36. The Developer is required to submit a Low Impact Development (LID) Plan to the City for review and approval. The LID shall comply with the numerical design criteria in the City’s MS4 permit.
23 37. During construction all items in the Erosion, Sediment, Chemical and Waste Control section of the general construction notes shall be followed, including specific requirements of properly maintaining BMPs on-site.

38. Water discharged from a loading dock and trash enclosure areas are subject to the project’s overall storm water management compliance with BHMC 9-4-508. A loading dock is not to be confused with a loading zone or designated parking space for loading and unloading.

39. Organic residuals from daily operations and water used to wash trash rooms shall not be discharged to the alley.

40. All ground water discharges must have a permit (NPDES) from the Regional Water Quality Control Board. Examples of ground water discharges include rising ground water and garage sumps. The Developer is responsible for all monitoring and reporting requirements of the NPDES permit. All ground water discharges must obtain a discharge permit from the City of Beverly Hills in accordance with BHMC 9-4-610.

Should discharge of ground water be permitted by the City to a storm drain, connection to a storm drain shall be accomplished in the manner approved by the City Engineer and the Los Angeles County Department of Public Works.

41. Subject to the project’s overall storm water management compliance with BHMC 9-4- 508, storm water runoff from automobiles going into a parking garage shall be discharged through a clarifier before discharging into the storm drain system. In lieu of discharging runoff through a clarifier, parking lots can be cleaned every two weeks with emphasis on removing grease and oil residuals which drip from vehicles. Records of cleaning activities shall be maintained for verification by a City inspector.

42. The Developer shall apply for a statewide Storm Water Pollution Prevention Plan (SWPPP) permit that requires the Developer to implement all necessary Best Management Practices (BMPs) related to shoring, grading and construction activities.

The Developer is responsible for completing all the necessary permitting, monitoring and reporting requirements prescribed in the SWPPP permit.

Solid Waste

43. The developer shall complete a solid waste projection analyses that includes organics waste production. The analyses will provide the appropriate waste and organic bin size for collection. The developer is required to provide adequate space for waste hauling equipment to provide service.

Attachment 5
Resolution approving VTPM No. 82872
And denying appeal
RESOLUTION NO. 22-R-________

A RESOLUTION OF THE COUNCIL OF THE CITY OF

BEVERLY HILLS CONDITIONALLY APPROVING VESTING
TENTATIVE PARCEL MAP NO. 82872 RELATED TO THE

CHEVAL BLANC BEVERLY HILLS SPECIFIC PLAN
PROJECT LOCATED AT 456 AND 468 NORTH RODEO
DRIVE; 449, 451, AND 453 NORTH BEVERLY DRIVE; AND
461-465 NORTH BEVERLY DRIVE, AND DENYING A

RELATED APPEAL
The City Council of the City of Beverly Hills hereby finds, resolves, and determines as follows:

Section 1. 468 N Rodeo Drive LLC, 456 N Rodeo Drive LLC, 461 N Beverly Drive LLC, and 449 N. Beverly Drive, LLC, limited liability companies (the property owners and collectively the “Applicant”), submitted applications for the Cheval Blanc Beverly Hills Specific Plan (the “Specific Plan”) to allow for comprehensive redevelopment of the approximately 1.277-acre project site including the properties located at 456 and 468 North Rodeo Drive; 449, 451, and 453 North Beverly Drive; and 461 through 456 North Beverly Drive (the “Project Site”). The project proposes a luxury hotel, restaurant and ancillary uses, a private club, and retail uses, as well as the relocation of an existing alley and widening of the public sidewalk along South Santa Monica Boulevard (the “Project”). The Project includes requests for a General Plan amendment; Master Plan of Streets, Alleys, and Highways amendment; zone text amendment; zoning map amendment; specific plan adoption; vesting tentative parcel map (“VTPM”); encroachment permits; and development agreement for the subject property. The VTPM proposes to relocate the surface public alley right-of-way, widen the public sidewalk adjacent to South Santa Monica Boulevard, and merge the four existing lots described in attached Exhibit A. 2 Section 2. The Planning Commission conducted duly noticed public hearings on October 28, 2021 (to consider the scope of the environmental impact report to be prepared for the Project); February 10, 2022; February 24, 2022; March 24, 2022; and May 26, 2022 at which time it received oral and documentary evidence relative to the proposed Project. Thereafter, on June 13, 2022, the Planning Commission concluded deliberations on the proposed Project, and adopted resolutions recommending City Council approval of the following requests:
• Certification of the Final Environmental Impact Report and adopt findings and a mitigation monitoring and reporting program (Planning Commission Resolution No. 1988) • General Plan amendment, Master Plan of Streets, Alleys, and Highways amendment, zone text amendment; and zoning map amendment (Planning Commission Resolution No. 1989) • Specific plan adoption and encroachment permit authorization (Planning Commission Resolution No. 1990).

On June 13, 2022, the Planning Commission adopted Resolution No. 1991 approving VTPM No. 82872, contingent upon City Council approval of the other requested entitlements associated with the Project and, as conditioned, the VTPM would not become effective unless and until the other entitlements are approved and in effect.

Section 3. On June 23, 2022, a timely appeal of the Planning Commission’s decision was filed by GK Law on behalf of their client Unite Here Local 11, in accordance with BHMC §1-4- 101 et seq., seeking City Council review of the Planning Commission’s approvals for the Project.

The City determined that Planning Commission’s contingent approval of VTPM No. 82872 was 3 an appealable action and that the Planning Commission recommendations to the City Council were not final appealable actions.

Section 4. The City Council held a duly noticed public hearing on September 20, 2022 to consider the Final Environmental Impact Report, the Project and the VTPM appeal. The Council received oral and documentary evidence relative to the proposed Project and appeal. The City Council hearing was a de novo review of VTPM No. 82872 that included an independent review of the evidence contained in the record. The Council, by a 4-1 vote (Councilmember Mirisch dissenting), directed staff to return to the City Council with draft resolutions approving the required entitlements for the Project, including approval of VTPM No. 82872 and rejection of the appeal, for consideration in conjunction with the review of a Development Agreement for the Project. This resolution memorializes the City Council’s action conditionally approving VTPM No. 82872.

Section 5. The Project, including VTPM No. 82872, has been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. (“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.), and the City’s Local CEQA Guidelines. An Environmental Impact Report was prepared and the City Council, by separate Resolution No. 22-R-____, certified the Final Environmental Impact Report, made appropriate environmental findings, and adopted a Mitigation Monitoring and Reporting Program for the Project. Resolution No. 22-R-____ is incorporated by reference, and made a part hereof as if fully set forth herein. The documents and other material that constitute the record on which this decision is based are located in the Department of Community Development and are in the custody of the Director of Community Development.
4 Section 6. Vesting Tentative Parcel Map Findings. Pursuant to BHMC §10-2-205, the Planning Commission’s decision regarding the Vesting Tentative Parcel Map is appealable to the City Council. As the reviewing authority on appeal the City Council independently considered the following findings pursuant to California Subdivision Map Act Section 66474 and the City’s subdivision requirements:

1. Whether the proposed map is consistent with applicable general and specific plans as specified in Section 65451;

2. Whether the design or improvement of the proposed subdivision is consistent with applicable general and specific plans;

3. Whether the site is physically suitable for the type of development;

4. Whether the site is physically suitable for the proposed density of development;

5. Whether the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially or avoidably injure fish or wildlife or their habitat;

6. Whether the design of the subdivision or type of improvements are likely to cause serious public health problems; and

7. Whether the design of the subdivision or type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

Section 7. Based on the foregoing, the City Council hereby finds and determines as follows with respect to the VTPM:
5 1. As conditioned, the proposed VTPM is consistent with the objectives, policies, general land uses, and programs specified in the General Plan for the reasons set forth in Exhibit B (General Plan Consistency Analysis) of this resolution. Approval of the VTPM is contingent upon the adoption of the Cheval Blanc Beverly Hills Specific Plan, and as such, that Specific Plan would be applicable to the Project Site. The location, geometry, and distribution of the proposed lot within the VTPM align with the locations and distribution of the site plan and land uses in the Specific Plan. The Specific Plan is consistent with the objectives, policies, general land uses, and programs specified in the General Plan for the reasons set forth in Exhibit B (General Plan Consistency Analysis) of this resolution. In connection with the adoption of the Specific Plan, the Land Use Element of the General Plan would be amended to designate the Project Site as “Cheval Blanc Beverly Hills Specific Plan”. The proposed VTPM represents one of the steps in implementation of the Specific Plan, and as such is consistent with both the Specific Plan and the City’s General Plan.

2. As conditioned, the design or improvement of Project as shown in the proposed VTPM is consistent with the objectives, policies, general land uses, and programs specified in the General Plan for the reasons set forth in Exhibit B (General Plan Consistency Analysis) of this resolution. Approval of the VTPM is contingent upon the adoption of the Cheval Blanc Beverly Hills Specific Plan, and as such, that Specific Plan would be applicable to the Project Site. The location, geometry, and distribution of the proposed lot within the VTPM align with the locations and distribution of the site plan and land uses in the Specific Plan. The 6 Specific Plan is consistent with the objectives, policies, general land uses, and programs specified in Exhibit B (General Plan Consistency Analysis) of this resolution. In connection with the adoption of the Specific Plan, the Land Use Element of the General Plan would be amended to designate the Project Site as “Cheval Blanc Beverly Hills Specific Plan”, and the zoning text and map would be amended to achieve consistency among the General Plan, Specific Plan, and zoning.

The proposed VTPM represents one of the steps in implementation of the Specific Plan, and as such is consistent with both the Specific Plan and the City’s General Plan.

3. The site is physically suitable for the type of development contemplated by the Project, which will be facilitated by the proposed VTPM.

Currently, the 1.277-acre Project site is already developed with commercial uses.

The development features of the Project as contemplated by the Specific Plan were reviewed by the City Council and found to be consistent with the City's General Plan for the reasons set forth in Exhibit B (General Plan Consistency Analysis) of this resolution. The infrastructure serving the site is generally adequate to support the development proposed on the site and as conditioned, the Applicant shall be required to study and if necessary, upgrade the water, wastewater, storm water, and solid waste infrastructure prior to issuance of a Certificate of Occupancy. The site has no unusual seismic or other hazards. Therefore, the site is physically suitable for the type of development contemplated by the Specific Plan and the proposed VTPM, which represents one of the steps in implementation of the Specific Plan. 7 4. The site is physically suitable for the proposed density of the development. Currently, the 1.277-acre Project site is already developed with commercial uses. The proposed density of the Project was reviewed by the City Council and found to be consistent with the City's General Plan for the reasons set forth in Exhibit B (General Plan Consistency Analysis) of this resolution. The Specific Plan establishes allowable density on the Project site, and the proposed VTPM was reviewed and found to be consistent with the Specific Plan. The infrastructure serving the site is generally adequate to support the development proposed on the site and as conditioned, the Applicant shall be required to study and, if necessary, upgrade the water, wastewater, storm water, and solid waste infrastructure prior to issuance of a Certificate of Occupancy. The site has no unusual seismic or other hazards. Therefore, the site is physically suitable for the proposed density of development contemplated by the Specific Plan and the proposed VTPM, which represents one of the steps in implementation of the Specific Plan.

5. The Project will not cause substantial environmental damage or substantial and avoidable injury to fish or wildlife or their habitat. The Final EIR, certified by Resolution No. 22-R-______ found less than significant impacts to fish, wildlife, or habitat with mitigation measures incorporated. The VTPM implements the Specific Plan by merging parcels and reconfiguring public right-of-way that is presently already developed, and on which there are no fish, wildlife or significant habitat.
8 6. The design of the VTPM and the type of improvements will not cause serious public health problems. The Final EIR, certified by Resolution No. 22- R-______ found no significant impacts, less than significant impacts, or less than significant impacts with implementation of mitigation with respect to air quality, noise, geology and soils, hazards and hazardous materials, hydrology and water quality. The Project will be built in accordance with the City’s Building Code standards and numerous conditions of approval and mitigation measures would be required in order to limit or eliminate any potential health impacts resulting from the Project.

7. The design of the subdivision or type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. The VTPM has been reviewed by the Public Works and Engineering Department, including the City Engineer. The Project includes relocation of an existing 20-foot wide alley accessible from South Santa Monica Boulevard and replacing it with a new alley easement accessible from North Beverly Drive, ranging in width from approximately 20- to 28.9-feet. Additionally, the new alley easement flares out to approximately 37-feet in width at the 90-degree turn to provide additional space for vehicles to complete a southbound turn. The Project also includes widening of the sidewalk along the Project’s South Santa Monica Boulevard frontage by an additional width of 1.5 to 7 feet, thereby enhancing the pedestrian environment. Encroachment permits will be obtained for all temporary and permanent encroachments into the public right-of-way. As conditioned, any public utility easements that are in conflict with the Project shall 9 be quitclaimed, and the Applicant shall coordinate with the utility agencies on the dedication of new easements required for relocated and/or new facilities required for the Project.

Section 8. The City Council rejects the appeal with respect to the Vesting Tentative Parcel Map on the following grounds:

1. The City Council rejects the Appellant’s claim that the Project is inconsistent with the General Plan. Exhibit B, incorporated into this resolution, systematically reviews the applicable goals and policies of the General Plan and finds the Project, including the VTPM, consistent with the Land Use, Circulation, Economic Sustainability and Open Space Elements of the General Plan.

2. The City Council rejects the Appellant’s claim that the Project is likely to cause substantial environmental damage. The City Council, by separate Resolution No. 22-R-____, certifies the FEIR, which concludes that Project implementation would not result in any significant and unavoidable Project-level or cumulative environmental impacts. Therefore, the Project will not cause substantial environmental damage. Transportation comments in the appeal petition are robustly responded to in the FEIR, including Appendix N directly responding to appeal petition comments. The FEIR Air Quality analysis models the Project using the appropriate 2016 version of CalEEMod. In addition, responsive to the Appellant’s comments on the Project, the Project’s air quality analysis was also modelled using the 2020 version of CalEEMod. Neither model run identified a significant air quality impact. The Greenhouse Gas qualitative analysis appropriately determined the Project is consistent with statewide and regional plans and the FEIR includes an 10 appropriate analysis of the California Air Resources Board scoping plan and subsequent updates. The FEIR studies an appropriate range of project alternatives, including considering a housing alternative and rejecting it as infeasible.

3. The City Council rejects the Appellant’s claim that the Project will cause significant public health problems. The public health related comments included in the appeal petition are directly responded to in FEIR Appendix N, and the FEIR concludes there are no significant environment effects related to public health.

4. The City Council rejects the Appellant’s claim that the Project will conflict with public use and access to the site. The Project includes widening of the public sidewalk over current conditions. The relocated alley, which is wider at certain locations than the current alley, is required to be a public easement, which will ensure permanent public access to the alley. In addition a new 20’ by 35’ pedestrian plaza at the corner of Rodeo Drive and South Santa Monica Boulevard is required to be permanently accessible by the public. Based on these listed Project features, the amount of usable public space on the Project site will be increased over current conditions.

Section 9. Based on the foregoing, the City Council hereby grants the requested VTPM No. 82872, attached as Exhibit C, merging four existing lots into a single lot, widening the public sidewalk along South Santa Monica Boulevard, and relocating the public alley right-of-way in connection with the development of the Specific Plan, subject to the following conditions:

1. The approval of this VTPM shall be subject to all conditions of approval and mitigation measures associated with the General Plan amendment, 11 Specific Plan, Zone Text and Map amendments, Encroachment Permit, Master Plan of Streets Amendment, Development Agreement, and Final EIR associated with the Cheval Blanc Specific Plan.

2. The Applicant shall coordinate with the affected utility agencies (easement holders) to obtain non-interference letters and/or for the quitclaiming of all existing easements listed on the VTPM that are in conflict with the proposed project. The Applicant shall also coordinate with the utility agencies on the dedication of new easements required for relocated and/or new facilities required for the project, and such easements shall be shown on any Final Map.

3. The Final Map shall be prepared in accordance with the approved VTPM and shall be filed within twenty-four (24) months from the date of approval by the City, unless, at least thirty (30) days prior to expiration of the twenty-four months, the Planning Division has received a request from the subdivider for an extension of time and the subdivider thereafter receives approval of such extension by the City.

4. Prior to any Final Map approval, Applicant or their successor shall either complete required infrastructure improvements for the Project or enter into a subdivision improvement agreement with the City and provide required security to ensure completion of any such improvements.

Section 10. The City Clerk shall certify to the adoption of this Resolution and shall cause this Resolution and her certification to be entered in the Book of Resolutions of the City Council of the City.
12 Section 11. This Resolution shall take effect at the same time the Ordinance adopting the Development Agreement for the Cheval Blanc Specific Plan Project takes effect.

Adopted:

LILI BOSSE
Mayor of the City of Beverly Hills, California
ATTEST:
(SEAL)

HUMA AHMED
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

LAURENCE S. WIENER GEORGE CHAVEZ
City Attorney City Manager

RYAN GOHLICH, AICP
Director of Community Development
Exhibits:

A. Legal Description
B. General Plan Consistency Analysis
C. Vesting Tentative Parcel Map No. 82872
Exhibit A
Legal Descriptions of 456 and 468 North Rodeo Drive; 449, 451, and 453 North Beverly Drive; and 461 through 465 North Beverly Drive
EXHIBIT “A”

LEGAL DESCRIPTION
449 N. Beverly

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

LOT 21 IN BLOCK 2 OF BEVERLY, IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGE 94 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

COMMONLY KNOWN AS 449 NORTH BEVERLY DRIVE, BEVERLY HILLS, CALIFORNIA, 90210.

APN: 4343-016-019
EXHIBIT “A”

LEGAL DESCRIPTION
461 N. Beverly

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

LOTS 22, 23 AND 24 IN BLOCK 2 OF BEVERLY, IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11 PAGE 94 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPT THAT PORTION OF LOT 24 IN BLOCK 2 OF BEVERLY, IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11 PAGE 94 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 24; THENCE SOUTH 50° 29' 33" WEST, ALONG THE NORTHWESTERLY LINE OF SAID LOT 24, A DISTANCE OF 112.64 FEET; THENCE SOUTH 39° 30' 27" EAST 5.00 FEET; THENCE NORTH 52° 55' 57" EAST 105.17 FEET TO

THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF

10.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 8.84 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 24; THENCE NORTH 39° 31' 30" WEST, ALONG SAID NORTHEASTERLY LINE, 13.47 FEET TO THE POINT OF BEGINNING.

COMMONLY KNOWN AS 461 NORTH BEVERLY DRIVE, BEVERLY HILLS, CALIFORNIA, 90210.

APN: 4343-016-023
EXHIBIT “A”

LEGAL DESCRIPTION
456 N. Rodeo

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

LOT 3 IN BLOCK 2 OF BEVERLY, IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11 PAGE 94 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

COMMONLY KNOWN AS 456 NORTH RODEO DRIVE, BEVERLY HILLS, CALIFORNIA, 90210.

APN: 4343-016-002
EXHIBIT “A”

LEGAL DESCRIPTION
468 N. Rodeo

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

LOTS 1 AND 2 IN BLOCK 2 OF BEVERLY, IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGE 94 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

COMMONLY KNOWN AS 468 NORTH RODEO DRIVE, BEVERLY HILLS, CALIFORNIA, 90210.

APN: 4343-016-001
ALLEY PARCEL 1:

THAT PORTION OF THE SOUTHWESTERLY HALF OF THE ALLEY (20 FEET WIDE), IN BLOCK 2 OF

BEVERLY, IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 11 PAGE 94 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHEASTERLY OF AND ADJACENT TO LOTS 1 AND 2 IN BLOCK 2 OF SAID BEVERLY, THAT WOULD PASS WITH A LEGAL CONVEYANCE OF SAID LOTS.

ALLEY PARCEL 2:

THAT PORTION OF THE SOUTWESTERLY HALF OF THE ALLEY (20 FEET WIDE), IN BLOCK 2 OF

BEVERLY, IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 11 PAGE 94 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHEASTERLY OF AND ADJACENT TO LOT 3 IN BLOCK 2 OF SAID BEVERLY, THAT WOULD PASS WITH A LEGAL CONVEYANCE OF SAID LOT.

ALLEY PARCEL 3:

THAT PORTION OF THE NORTHEASTERLY HALF OF THE ALLEY (20 FEET WIDE), IN BLOCK 2 OF

BEVERLY, IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 11 PAGE 94 OF MAPS, IN THE OFFICE OF THE

COUNTY RECORDER OF SAID COUNTY, LYING SOUTHWESTERLY OF AND ADJACENT TO LOTS 22, 23 AND 24 IN BLOCK 2 OF SAID BEVERLY, THAT WOULD PASS WITH A LEGAL CONVEYANCE OF SAID LOTS.

Exhibit B
General Plan Consistency Analysis
1 General Plan Consistency Analysis
The Cheval Blanc Beverly Hills Specific Plan Project proposes comprehensive redevelopment of the approximately 1.28-acre Project site and includes the properties addressed 456 and 468 North Rodeo Drive; 449, 451 and 453 North Beverly Drive; and 461 through 465 North Beverly Drive. The proposed Specific Plan could include up to 220,950 SF in floor area and up to 115 hotel guest rooms in a single multiple use building that includes a hotel with private dining areas and other appurtenant uses, restaurants open to the public, a private club, and retail uses. A portion of the existing public alley bisecting the Project Site would be relocated to the southern portion of the Project Site. The proposed Specific Plan identifies a total floor area ratio (FAR) maximum of 4.2:1 and an above ground maximum of

3.91:1. The submitted Conceptual Plan includes 212,034 SF of floor area and 109 hotel rooms. The total FAR calculation for the submitted conceptual plan is 4.03:1, with an above ground FAR of 3.75:1.

The City of Beverly Hills City Council finds the requested General Plan Amendment, Specific Plan, Zone Text Amendment, Zoning Map Amendment, Master Plan of Streets, Alleys, and Highways Amendment, Vesting Tentative Parcel Map, and Encroachment Permits consistent with the City of Beverly Hills General Plan based upon the analysis provided below, the General Plan consistency analysis provided in Table 4.7- 1 of the Cheval Blanc Beverly Hills Specific Plan Project Final Environmental Impact Report (SCH document # 2020110223), and the ‘Relationship to the General Plan’ discussion contained in Section 2.4 of the Cheval Blanc Beverly Hills Specific Plan, both of which are incorporated herein by reference.

GOALS AND POLICIES:
• 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 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.

The project exhibits a high level of excellence in site planning and unique architecture that is responsive and complementary to its Business Triangle location. The Project’s varied building heights and massing respond to directly adjacent existing physical development surrounding the Project site. Retail frontages and lower building heights are located on the Rodeo Drive portion of the building. Taller portions of the building are located on Beverly Drive with a height consistent with the existing commercial structure directly to the east. The building incorporates façade modulation and articulation on all elevations including varied window sizing to provide visual interest. The Project incorporates features such as a widened sidewalk and a pedestrian plaza with art to improve the streetscape and promote pedestrian activity along the Project’s three street frontages.
2 • 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.

The retail component of the Project is designed as a continuation of the Rodeo Drive pedestrian oriented commercial corridor and the ground floor publicly accessible restaurant interfaces with the street at the corner of Beverly Drive and South Santa Monica Boulevard. The street facing orientation of both the retail spaces and ground floor restaurant are complementary to the established pedestrian oriented retail environment that exists within the Business Triangle and is attractive to local and regional visitors. The high quality hotel and appurtenant amenities, including spa use, are hospitality uses centrally located in the City that will provide a quality experience for national and international tourists.
• LU 9.3 Anchor Locations. It is also recommended that certain anchor locations be set aside to permit development of a higher intensity type of development which is not otherwise provided in the community. These areas should be located so as to be accessible from the City’s major shopping areas and close to the City’s major streets. These anchor locations should include those large parcels that are located at the gateways to the City, such as the site at 9850, 9876, 9900, and 9988 Wilshire Boulevard where additional building height is appropriate. A variety of land uses such as commercial, hotel, residential, and mixed use should be considered for the gateway locations. A change of use from commercial to residential, hotel or mixed use should be allowed only if such change provides an adequate transition to adjacent single family neighborhoods. • LU 9.4 Anchor Location Design Criteria (as revised). 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.

Consistent with these two anchor location General Plan Land Use Element policies, the Project is a unified multiple use (hotel, retail, and club uses) building with a higher intensity of development (both density and height) at an anchor location (the northern end of the City’s luxury retail shopping street within the City’s Business Triangle). The hotel/retail/club Project would demark the entry to the northern end of the Rodeo Drive luxury retail corridor and would mirror existing anchor development at the southern end of Rodeo Drive: the existing taller hotel (Beverly Wilshire Hotel) and adjacent unified retail development (Two Rodeo). The Project incorporates measures to encourage pedestrian circulation in the Business Triangle, including a widened sidewalk on South Santa Monica Boulevard, uniform landscaping and enhanced sidewalk paving material in the public right-of-way surrounding the Project, and a publicly accessible pedestrian plaza at the corner of Rodeo Drive and South Santa Monica Boulevard.

• 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 street-facing 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.

Both the 150 linear feet of Rodeo Drive retail frontage and approximately 200 linear feet of South Santa Monica Boulevard and Beverly Drive ground floor restaurant frontage are consistent with 3 the specific characteristics listed in General Plan Land Use Policy LU 11.3. Both the retail and ground floor restaurant spaces are designed to: a) maintain the commercial streetwall that exists in the City’s Business Triangle; b) provide ample pedestrian level fenestration between the commercial spaces and public sidewalk and have direct pedestrian entrances from Rodeo Drive and Beverly Drive respectively; c) include upper story articulation along all street-facing sides of the building and provide a 20’ by 35’ building inset on Rodeo Drive for a publicly accessible pedestrian plaza; d) provide the plaza at the corner of Rodeo Drive and South Santa Monica Boulevard as a public space and include large building openings on South Santa Monica Boulevard and Beverly Drive to provide connection between the interior dining areas of the ground floor restaurant with the adjacent public sidewalks; and e) include distinct ground level retail spaces with retail signage consistent with the pedestrian oriented retail signage pattern found within the Business Triangle.
• LU 11.5 Retail Streetscapes. Maintain and, where deficient, improve street trees, plantings, furniture, signage, public art, and other amenities that promote pedestrian activity. • 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.

The Project includes improvements to beautify the public right-of-way that surrounds the Project site and thus promote pedestrian activity and create a safer and more comfortable pedestrian environment that is integrated into the City’s walkable Business Triangle. These improvements include: a) replacement street trees around the new building that are planted at a spacing consistent with the current street tree configuration located in the immediate vicinity and are tree species consistent with those planted within the Business Triangle; b) additional 3’ wide landscaped areas in the public right-of-way that will be maintained by the Project operator; and c) widened sidewalks on South Santa Monica Boulevard as well as a publicly accessible pedestrian plaza that will include art.
• 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.

The Project’s new building is required to meet the City of Beverly Hills Green Building Code and CALGreen as well as be designed to meet a minimum rating of ‘Gold’ under the Leadership in Energy and Environmental Design (LEED) Green Building Rating System. LEED-consistent features are identified in Section 4.9 of the Project’s Specific Plan and require the Project to be designed in a manner to reduce energy, water and natural resource consumption when compared with standard construction techniques, as well as require minimizing construction waste, and reduce the use of toxic 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 ClassA offices, high end retail and fashion, restaurant, hotel, technology, and supporting uses. • ES 1.4 Retain Existing Industries. Consistent with future economic sustainability plans, encourage existing industries such as luxury retail, tourism, hoteling, finance, entertainment and media businesses and services to remain and expand within the City. 4 The luxury retail businesses located on Rodeo Drive are closely identified with commercial identity of the City of Beverly Hills. The Project is an anchor development at the north end of Rodeo Drive that includes luxury retail and high end hotel uses. This development expands both luxury retail and luxury hotel offerings located in the City and builds upon the City’s identity as an international destination for high end retail, hotels, and services.
• 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.
• 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.

The Project is a new development that includes a publicly accessible plaza directly accessible from the sidewalks surrounding the building. The plaza will provide an additional public space along Rodeo Drive that will add interest to the pedestrian environment on this highly visited street. • 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 alternative modes of travel, based on the site’s proximity to transit.

A parking demand analysis that quantified the shared parking opportunities of the multiple use Project was completed. The parking requirements of the Specific Plan will ensure that the number of parking spaces provided by the Project is adequate to meet parking needs for the included uses, including any additional parking needs for special events at the Project site. In addition, a portion of the parking for the retail component of the Project is provided offsite through participation in the in lieu parking program. Thus this portion of the retail parking is provided through the use of public parking structures that are shared with other uses located within the City’s Business Triangle. The Specific Plan also requires that TDM measures, such as providing transit passes to employees and guests and on-site bicycle facilities, are incorporated. The Project is located in close proximity to existing (North Santa Monica Boulevard rapid bus line) and future (Wilshire Boulevard Westside subway extension) transit.
• 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.

The Specific Plan requires the Project to include secure bicycle parking spaces within the building, at-grade bicycle parking spaces for short-term visitors, and provide charging facilities for ebicycles. The Project includes lockers and showers for use by employees who commute by bicycle. • CIR 11.2c (portion of Role of Alleys). 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 5 arrangement of structures or possible consideration of the space above or below the alley for parking purposes.

The Project is an anchor development located at the north end of the City’s Business Triangle that spans four existing parcels between Rodeo Drive and Beverly Drive. The relocation of the alley is required in order to consolidate the site and allow the unified development of a single building across an entire block. The alley relocation thus helps facilitate a project that serves the City’s objective of a high quality multiple use anchor commercial development at a key location within the City’s Business Triangle.

Exhibit C
Vesting Tentative Parcel Map No. 82872

E E E E E E E E E E E E
E E E

E E E E E
E
E E
E
E
E
E E

E E E NGAS NGAS NGAS NGAS NGAS NGAS

E E E E E E E
E E
E
E
E
E E

E E E E E E E E E E E E E

W W W W W W W W W W

W W W W W W W
SD
SD

SD D SS SSW
W
W
W
W
W
W
W
W

W NGAS NGAS NGAS NGAS NGAS NGAS NGAS NGAS NGAS NGAS NGAS NGAS

E NGAS NGAS NGAS

NGAS NGAS

NGAS NGAS NGAS NGAS NGAS NGAS NGAS NGAS NGAS NGAS

S SS SS SS SS SS SS SS SS SS SS SS SS

SS SS SS SS SS ALLEY (PUBLIC STREET)
E
T
T
E
E
S
D
D

E RODEO DRIVE (PUBLIC STREET) BEVERLY DRIVE (PUBLIC STREET)

SOUTH SANTA MONICA

BOULEVARD
(PUBLIC STREET)
20'
10' 10' PROPOSED DRIVEWAY
S50°30'37"W 212.76'
PROPOSED LOT 1
55,608 SF
(1.28 AC±)
42'
23' 19'
42'
12' 30' 30' 10' 20' 30' 10'

EXISTING BUILDING

EXISTING BUILDING

EXISTING BUILDING
5' GUTTER 5' GUTTER2' GUTTER
2' GUTTER 2' GUTTER

PROPOSED

DRIVEWAY

PROPOSED

DRIVEWAY
N50°30'37"E

20.00'

FD SPIKE &
WASHER, L.S.
5411 PER PWFB
1316/1201-1202

FD SPIKE &
WASHER, L.S.
5411 PER PWFB
1316/1201-1202

FD SPIKE &
WASHER, L.S.
5411 PER PWFB
1316/1201-1202

EXISTING DRIVEWAY TO BE REMOVED

AND REPLACED WITH SIDEWALK

EXISTING STREET LIGHT

TO BE RELOCATED
S50°30'16"W

20.00'
N50°30'13"E 152.79' S39°31'23"E 50.00'
N50°30'16"E 152.51' N39°29'55"W 186.58'
∆=50°37'49"
R=10.00'
L=8.84'
CB=S78°15'55"W
C=8.55'
N39°29'23"W
S52°57'01"W 105.17'

5.00' S39°31'43"E 150.08' 17.2' 12.8' 15.2' 20.0'

79.2'
152.5'

41.5' 4.6'
45°
25°
48° 7.8' 28.9'

8.0'

BRIGHTON WAY
(PUBLIC STREET)

SHEET NUMBER
This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.

No. REVISIONS DATE BY
DATE

AS SHOWN

CHECKED BY
SCALE

DESIGNED BY

DRAWN BY

KHA PROJECT
660 SOUTH FIGUEROA STREET, SUITE 2050, LOS ANGELES, CA 90017 PHONE: 213-261-4040
WWW.KIMLEY-HORN.COM

VESTING TENTATIVE
PARCEL MAP NO. 82872
Plotted By:DeLaRosa, Carlo Sheet Set:Kha Layout:Layout1January 24, 2022 01:24:48pm\\ldtfp01\CA_LDT\LDT_LDEV\099477002-Cheval_Blanc_Hotel\CAD\PlanSheets\VTTM.dwg © 2022 KIMLEY-HORN AND ASSOCIATES, INC.

CITY OF BEVERLY HILLS CA
1 099477002
01/20/2022
MC
CY
TW

EXISTING PROPERTY LINE

PROPOSED SUBDIVISION BOUNDARY

RIGHT-OF-WAY LINE

CENTER LINE

EXISTING LOT LINE

PROPOSED EASEMENT

PROPOSED SURFACE BUILDING LIMITS

PROPOSED UNDERGROUND BUILDING LIMITS
LEGEND

AT LEAST TWO DAYS

BEFORE YOU DIG

DIAL TOLL FREE
811

UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNIA
® Know what's below.

Call before you dig.

NORTH

THE LAND REFERRED TO HEREIN BELOW IS SITUATED I THE CITY OF BEVERLY

HILLS, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

LOTS 1 THROUGH 3, 21 THROUGH 24, AND PARCELS 1 AND 2 IN BLOCK 2, INCLUSIVE, AS PER MAPS RECORDED IN BOOK 11 PAGE 94 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY .

ELEVATIONS SHOWN HEREON ARE BASED UPON CITY OF BEVERLY HILLS BENCHMARK NO. 344, ELEVATION 265.27 FEET (NAVD 88).

DESCRIPTION:

S. SANTA MONICA BLVD. @ RODEO DR. (SE CORNER); BRASS PLUG (STAMPED 344N) IN S. SANTA MONICA BLVD. CURB, CENTER OF 8' WIDE CATCH BASIN

THE BEARINGS SHOWN HEREON ARE BASED UPON THE CENTER LINE OF SANTA MONICA BOULEVARD, BEING N50°30'37"E PER CORNER RECORD, PWFB 1316-1201 PAGE 2 OF CORNER RECORD, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY.

TOPOGRAPHY AND GROUND CONTROL BASED ON TOPOGRAPHIC SURVEY PREPARED BY CALVADA SURVEYING, INC. ON SEPTEMBER 12, 2019.

DATE OF FIELD SURVEY IS AUGUST 22, 24, AND 29, 2019.

OWNER/DEVELOPER
449 N. BEVERLY DRIVE, LLC
461 N. BEVERLY DRIVE, LLC
469 N. BEVERLY DRIVE, LLC
468 N. RODEO DRIVE, LLC
456 N. RODEO DRIVE, LLC

SURVEYOR
ARMANDO D. DUPONT, PLS 7780
CALVADA SURVEYING, INC.
411 JENKS CIR., SUITE 205
CORONA, CA 92880
(951) 280-9960
(951) 280-9746 FAX
[email protected]

CIVIL ENGINEER
TONY WONG, RCE 22551
KIMLEY-HORN AND ASSOCIATES, INC.
660 S. FIGUEROA ST., SUITE 2050
LOS ANGELES, CA 90017
(213) 261-4040
[email protected]

GEOTECHNICAL CONSULTANT
JOSHUA R. FEFFER

FEFFER GEOLOGICAL CONSULTING
1990 S. BUNDY DR., SUITE 400
LOS ANGELES, CA 90025
(310)207-5048
[email protected]

LEGAL DESCRIPTION

SOURCE OF TOPOGRAPHY

BENCHMARK

BASIS OF BEARINGS
SITE

WHILSHIRE BOULEVARD

BEVERLY DRIVE

BRINGTON WAY

SANTA MONICA BOULEVARD
DRIVE
ALLEY
RODEO

CRESCENT DRIVE
NORTH

VICINITY MAP
SCALE: NTS
THOMAS GUIDE REF# 632-F1
VESTING TENTATIVE PARCEL MAP NO. 82872

IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA

FOR ALLEY RELOCATION AND LOT CONSOLIDATION PURPOSES
EASEMENT FOR ALLEY PER MAP RECORDED IN BOOK 11 PAGE 94 OF MAPS

EXISTING EASEMENT

1. SITE ADDRESS: 468 AND 456 N. RODEO DRIVE; 449 (INCLUSIVE OF 451 AND 453) AND 465 N. BEVERLY DRIVE,
BEVERLY HILLS, CA 90210

2. APN: 4343-016-001, 4343-016-002,
4343-016-019, & 4343-016-023

3. GROSS SITE AREA: 55,608 SF/1.28 ACRES

APPROXIMATE
ALLEY MERGER AREA: 3,001 SF/0.07 ACRES
TOTAL SITE AREA: 52,607 SF/1.21 ACRES

4. ZONING CLASSIFICATION: C-3(COMMERCIAL ZONE)

5. EXISTING USE: COMMERCIAL

6. PROPOSED USE: HOTEL

7. PROJECT DESCRIPTION: A VESTING TENTATIVE PARCEL MAP FOR THE PURPOSE OF CREATING A 1 LOT SUBDIVISION. THE GROUND LOT WILL CONTAIN ONE (1) HOTEL/COMMERCIAL BUILDING UNIT WITH
SUBTERRANEAN PARKING.

8. THIS PROPERTY LIES WITHIN FLOOD ZONE "X" (AREA DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN) AS SHOWN ON FIRM MAP COMMUNITY PANEL NUMBER 06037C1585F, PANEL DATED 9/26/2008.

9. EXISTING UTILITIES WITHIN THE ALLEY THAT IS TO BE MERGED WILL BE REMOVED.

10. EXISTING 8" SANITARY SEWER LOCATED WITHIN ALLEY TO BE RELOCATED SHALL BE REMOVED OR RELOCATED.

11. ALL EXISTING SITE IMPROVEMENTS TO BE REMOVED.

12. PROPOSED STRUCTURES SHOWN HEREON ARE APPROXIMATE.

13. ALL EXISTING TREES ARE TO BE REMOVED AND REPLACED.

ENGINEER'S NOTES
SCALE: 1"=20' @ 24" x 36"

ELECTRIC MANHOLE

ELECTRIC OUTLET

CENTER LINE

FLAG POST

FOUND MONUMENT AS NOTED
GATE

FIRE HYDRANT

GAS VALVE

GROUND LIGHT

IRRIGATION CONTROL VALVE

HANDICAP
LADDER

GUARD POST

SEWER MANHOLE PROPERTY LINE

TELECOM MANHOLE

STORM DRAIN MANHOLE

TRAFFIC LIGHT

WATER VALVE

STREET LIGHT

TREE (TYPICAL)

PALM TREE

ELECTRIC METER

FINISH SURFACE
INVERT

TOP OF CURB

TOP OF STRUCTURE

TOP OF WALL
CABLE T.V. VAULT

CATCH BASIN

DRAIN INLET

FINISH FLOOR

GAS METER

GROUND VENT

HANDICAP RAMP

TELCO PULL BOX

RIGHT OF WAY

WATER METER

FLOW LINE
EM
FS
INV
TC
TOP
TW
CATV
CB
DI
FF
GM
GV
HCR
TPB
WM
FL

STAIRS SHOWING DOWNWARD DIRECTION

NG NATURAL GROUND
R/W

TRUNCATED DOME
E
S
T

FLOW DIRECTION

CD CURB DRAIN

ALLEY AREA TO BE RELOCATED PER FINAL MAP
(3,001 SQ. FT./0.07 ACRES)

PROPOSED ALLEY TO BE RELOCATED
PREPARED UNDER THE SUPERVISION OF:

TONY WONG RCE#22551 DATE
D
OF 1
EASEMENT FOR STREET PER MAP RECORDED IN BOOK 11 PAGE 94 OF MAPS

PROPOSED STREET TREE

PUBLIC ROW SIDEWALK EASEMENT TO BE DEDICATED PER FINAL
MAP (754 SQ. FT./0.02 ACRES)

PROPOSED EASEMENT

ALLEY ROW EASEMENT TO BE EXCHANGED AND / OR RELOCATED

PER THE FINAL MAP
(3,498 SQ. FT./0.08 ACRES)
Attachment 6
Ordinance approving
Development Agreement
-1-
ORDINANCE NO. 22-O-____

AN ORDINANCE OF THE CITY OF BEVERLY HILLS

APPROVING A DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF BEVERLY HILLS AND 468 N RODEO DRIVE
LLC, A DELAWARE LIMITED LIABILITY COMPANY, 456 N

RODEO DRIVE LLC, A DELAWARE LIMITED LIABILITY
COMPANY, 461 N BEVERLY DRIVE LLC, A DELAWARE
LIMITED LIABILITY COMPANY, AND 449 N BEVERLY

DRIVE LLC, A DELAWARE LIMITED LIABILITY

COMPANY FOR DEVELOPMENT IN ACCORDANCE WITH

THE CHEVAL BLANC BEVERLY HILLS SPECIFIC PLAN
FOR PROPERTY AT 456 AND 468 NORTH RODEO DRIVE;
449, 451 AND 453 NORTH BEVERLY DRIVE; AND 461
THROUGH 465 NORTH BEVERLY DRIVE.

THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY
ORDAINS AS FOLLOWS:

Section 1. 468 N Rodeo Drive LLC, a Delaware limited liability company, 456 N Rodeo Drive LLC, a Delaware limited liability company, 461 N Beverly Drive LLC, a Delaware limited liability company, and 449 N Beverly Drive LLC, a Delaware limited liability company (collectively “Developer”), propose to enter into a development agreement (herein, the “Development Agreement”), which is attached to this Ordinance as Exhibit “A,” in connection with the development of the Cheval Blanc Beverly Hills Specific Plan Project (“Project”), a comprehensive and coordinated alternative redevelopment of the approximately 1.28-acre project site located in the City of Beverly Hills central business triangle at the northern gateway to Rodeo Drive including properties at 456 and 468 North Rodeo Drive; 449, 451, and 453 North Beverly Drive; and 461 through 465 North Beverly Drive (“Project Site”).

Section 2. The Project, including the related General Plan and Master Plan of Streets, Alleys and Highways amendments, Specific Plan adoption, zone text and map -2-
amendments, encroachment permits, vesting tentative parcel map, and development agreement approval, has been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. (“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.), and the City’s Local CEQA Guidelines. An Environmental Impact Report was prepared and the City Council, by separate Resolution No. 22-R-____ adopted on __________, 2022, certified the Final Environmental Impact Report, made appropriate environmental findings, and adopted a Mitigation Monitoring and Reporting Program for the Project. Resolution No. 22-R-____ is incorporated by reference, and made a part hereof as if fully set forth herein.

The documents and other materials that constitute the record on which this recommendation was made are located in the Department of Community Development and are in the custody of the Director of Community Development. Further, the mitigation measures set forth therein are made applicable to the Project.

Section 3. The Planning Commission conducted duly noticed public hearings on October 28, 2021 (to consider the scope of the environmental impact report to be prepared for the Project); February 10, 2022; February 24, 2022; March 24, 2022; and May 26, 2022, at which time it received oral and documentary evidence relative to the proposed Project.

Thereafter, on June 13, 2022, the Planning Commission concluded deliberations on the proposed entitlements and adopted Resolution No. 1988 recommending City Council certification of the Final Environmental Impact Report and adoption of findings and a mitigation monitoring and reporting program; Resolution No. 1989 recommending City Council approval of General Plan and Master Plan of Streets, Highways and Alleys amendments, zone text and zoning map amendments; Resolution No. 1990 recommending the City Council adopt the Cheval Blanc -3-
Beverly Hills Specific Plan and approve encroachment permits for improvements located in the public right-of-way; and Resolution No. 1991 conditionally approving vesting tentative parcel map No. 82872.

Section 4. On September 20, 2022, the City Council conducted a duly noticed public hearing to consider the Project and the appeal of the Planning Commission’s decision regarding vesting tentative parcel map No. 82872. The City Council continued the public hearing to October 11, 2022 (at which no substantive discussion was held) and further continued the public hearing to November 1, 2022. The City Council considered the Project, including the Development Agreement, at a continued public hearing on November 1, 2022. Notices of the time, place and purpose of the public hearing were duly provided in accordance with California Government Code Sections 65867, 65090 and 65091.

Section 5. The City Council finds that the provisions of the Development Agreement are consistent with the City of Beverly Hills General Plan as proposed to be amended, and complies with its objectives and policies for the reasons set forth in the General Plan Consistency Analysis attached as Exhibit “B” and incorporated herein by reference; Section

2.4 of the Cheval Blanc Beverly Hills Specific Plan; and Table 4.7-1 of the Final Environmental Impact Report. The Development Agreement implements the terms of the General Plan, the Cheval Blanc Beverly Hills Specific Plan and City ordinances, including General Plan Amendments processed in connection with the Project to add the land use designation of Cheval Blanc Beverly Hills Specific Plan to the Project Site and the revision to Land Use Element Policy LU 9.4: Anchor Location Design Criteria to specifically identify the policy is applicable to the Project site.
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Section 6. The City Council hereby approves the Development Agreement and authorizes the Mayor to execute the Development Agreement on behalf of the City.

Section 7. No later than ten (10) days after the effective date of this Ordinance, the City Clerk shall record with the County Recorder a copy of the Development Agreement.

Section 8. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage, in accordance with Section 36933 of the Government Code; shall certify to the adoption of this Ordinance and shall cause this ordinance and this certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City.
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Section 9. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.

Adopted:

Effective:
____________________________________

LILI BOSSE
Mayor of the City of Beverly Hills, California
ATTEST:
__________________________ (SEAL)

HUMA AHMED
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

LAURENCE S. WIENER GEORGE CHAVEZ
City Attorney City Manager
____________________________________

RYAN GOHLICH, AICP
Director of Community Development
Exhibits:

A. Development Agreement
B. General Plan Consistency Analysis

EXHIBIT A

DEVELOPMENT AGREEMENT
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RECORDING REQUESTED BY:

CITY OF BEVERLY HILLS
WHEN RECORDED MAIL TO:

City of Beverly Hills
Attention: City Attorney’s Office
455 North Rexford Drive, Room 230
Beverly Hills, CA 90210

SPACE ABOVE THIS LINE FOR
RECORDER’S USE

DEVELOPMENT AGREEMENT CHEVAL BLANC
(LIENS FOR PUBLIC BENEFIT CONTRIBUTIONS

EMS FEES MUNICIPAL SURCHARGES AND CONSTRUCTION COVENANT) THIS DEVELOPMENT AGREEMENT (this “Agreement”) is made by and between THE CITY OF BEVERLY HILLS, a California municipal corporation (the “City”), on the one hand, and 468 N Rodeo Drive LLC, a Delaware limited liability company, 456 N Rodeo Drive LLC, a Delaware limited liability company, 461 N Beverly Drive LLC, a Delaware limited liability company, and 449 N Beverly Drive LLC, a Delaware limited liability company, on the date hereof as listed on the signature pages hereto) (collectively “Property Owner”) and LVMH MOËT HENNESSY LOUIS VUITTON INC., a Delaware corporation (“LVMH Inc.”) (the term “Developer” shall collectively refer to both Property Owner and “LVMH Inc.”), on the other hand. The City and Developer are individually referred to herein as a “Party” and collectively referred to as the “Parties.”

RECITALS
This Agreement is made and entered into with regard to the following facts, each of which is acknowledged as true and correct by the Parties to this Agreement.

A. Developer is the legal and beneficial owner of the real property located at 456 North Rodeo Drive (Assessor’s Parcel Number 4343-016-012), 468 North Rodeo Drive (Assessor’s Parcel Number 4343-016-001), 461 through 465 North Beverly Drive (Assessor’s Parcel Number 4343-016- 023), and 449 through 453 North Beverly Drive (Assessor’s Parcel Number 4343-016-019) in the City of Beverly Hills, which constitute the “Property” (as hereafter further defined).

B. Developer desires to allow for the integrated redevelopment of the entire Property, through the adoption by the City of the Cheval Blanc Beverly Hills Specific Plan (the “Specific Plan”).

The integrated development contemplated by the Specific Plan, is generally referred to as the “Project” (as hereafter further defined).
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C. Developer has applied to the City for a development agreement, pursuant to the provisions of the Development Agreement Act (as hereafter defined) and other applicable laws.

D. In anticipation of the Project’s development, Developer has made or will make application to the City (in its governmental capacity) for certain approvals, entitlements, findings and permits required for the development and construction of the Project, including, without limitation:
(1) an amendment to the Land Use Element of the Beverly Hills General Plan; (2) the Specific Plan; (3) a Master Plan of Streets amendment to a) relocate the existing surface right-of-way for public alley purposes; b) dedicate additional surface right-of-way for public sidewalk purposes along South Santa Monica Boulevard, and c) allow the public roadway along North Rodeo Drive, South Santa Monica Boulevard and North Beverly Drive to remain in their current locations; (4) an encroachment permit to allow a) subsurface utility vaults to encroach in the public right-of-way, b) private parking spaces to extend under the public sidewalk from 10 feet below grade and up to the existing sidewalk curb, c) installation and maintenance of landscaped parkways and special paving in the public right-of-way fronting the Project Site and in portions of the relocated public alley; (5) a vesting tentative parcel map which merges the existing legal parcels and relocates and reconfigures via remapping the alley within the Property (the “Tract Map”); (6) zoning text and map amendments; (7) architectural review; (8) the certification of an “EIR (as hereafter defined) with respect to the Project and the making of certain associated findings; and (9) a Development Agreement under the Development Agreement Act (collectively, the “Project Approvals”).

E. The City Council has specifically considered the advantages and impacts of this Project upon the welfare of the City and believes that the Project will benefit the City.

F. This Agreement eliminates uncertainty in planning and provides for the orderly development of the Project in a manner consistent with the City’s Zoning Regulations (as hereafter defined), the Applicable Rules (as hereafter defined) and the General Plan (as hereafter defined).

G. To provide such certainty in planning and orderly development, the City desires, by this Agreement, to provide Developer with assurance that Developer can proceed with development of the Project with the uses, density and other land use characteristics specified in the Project Approvals.

H. To provide the City with assurances that the corresponding benefits associated with the a higher intensity of uses in this “Anchor Location” will be realized (1) at an extraordinary level of quality and with the anticipated synergies to the Business Triangle (as hereafter defined) anticipated by the Project approved under the Specific Plan (and related approvals), and (2) the projected future economic benefits to the City from, among other matters, generally applicable tax revenues, Public Benefit Contributions, EMS Fees and Municipal Surcharges will be realized, the Developer is committing to proceed with the Project pursuant to the terms of this Agreement and as set forth in the Project Approvals.

I. Developer desires to provide the City with assurances that it will (as further provided below) timely construct, equip and staff the Project and open the same to the public, Club Members and Hotel guests in the allocated densities of uses provided under the full build-out of the Project as contemplated by the Specific Plan and at the initial level of quality generally described in the Specific Plan and Project Approvals as further supplemented by the Minimum Luxury Standard (as hereafter 14321-00005/4231829.23
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defined) and other provisions in this Agreement. The foregoing includes, without limitation the completion and opening of the Hotel component without material reduction in size and in accordance with the design referenced in Section 4.8.F of the Specific Plan, and as approved by the Architecture Commission, and having a quality of interior design, materials and finishes consistent with the world class standards of other Cheval Blanc properties as more fully described herein in connection with the definition of the Minimum Luxury Standard below.

J. Neither Developer nor City would enter into this Agreement, or agree to provide the public benefits and improvements described herein, without the agreement that the Project can and will be developed, during the Term (as hereafter defined) of this Agreement, with the uses, density and other land use characteristics specified in the Project Approvals.

K. The City has determined that, as a result of the development of the Project in accordance with the Project Approvals and this Agreement, substantial benefits will accrue to the public, including but not limited to (i) the Developer making a Public Benefit Contribution (as hereafter defined) to offset the fiscal, environmental, and other impacts of development of the Project and (ii) increased City revenues from the payment of substantial transient occupancy taxes, the Municipal Surcharge (as hereafter defined), the EMS Fee (as hereafter defined) and other economic benefits from the Project.

L. On _______, 2022 and _______, 2022, pursuant to the requirements of the Development Agreement Act, the City Council of the City of Beverly Hills (the “City Council”) conducted a hearing on Developer’s application for this Agreement.

M. The City Council has found and determined that this Agreement is consistent with the City’s General Plan (as amended) and all other plans, policies, rules and regulations applicable to the Project.

N. By Resolution No. 22-R-____ adopted by the City Council on _______, 2022, the City Council reviewed and certified, after making appropriate findings, the EIR (as hereafter defined) that contemplates this Agreement.

O. On ___, 2022, the City Council adopted Ordinance No. 22-______ approving this Agreement, and such ordinance became effective on _____, 2022.

AGREEMENT
NOW THEREFORE, pursuant to the authority contained in the Development Agreement Act, as it applies to the City, and in consideration of the mutual promises and covenants herein contained and other valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto agree as follows:

1. Definitions. For all purposes of this Agreement, except as otherwise expressly provided herein, or unless the context of this Agreement otherwise requires, the following words and phrases shall be defined as is set forth below:
(a) “Additional Arts and Cultural Contribution” means the $2,000,000 payment due under Section 10 (h) below.
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(b) “All or any portion of the Property” means the entire Property or any portion of the entire Property, including, without limitation, a subdivided parcel which is a portion thereof, any co-tenancy interest in all or any portion thereof and any condominium or air-space parcel from all or any portion of the Property.
(c) “Applicable Rules” means the rules, regulations, ordinances, resolutions, codes, guidelines, and officially adopted procedures and official policies of the City governing the use and development of real property, including, but not limited to, the City’s Zoning Regulations and building regulations, adopted as of the Effective Date. Among other matters, the Applicable Rules set forth and govern the permitted uses of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, parking requirements, setbacks, and development standards, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction guidelines, standards and specifications applicable to the development of the Property.
(d) “Building Permit” means a permit issued by the City pursuant to Title 9 of the Beverly Hills Municipal Code to authorize construction of a building or other structure. “Building Permit” shall not include a demolition permit, but shall include a foundation permit. (e) “Business Day” means any day other than a Saturday, Sunday or California or Federal holiday on which banks in the City are customarily closed. (f) “Business Triangle” means the area of the City bounded by Wilshire Boulevard, Santa Monica Boulevard South Roadway and the alley westerly of Crescent Drive (g) “Club Members” is defined in the Specific Plan.
(h) “CEQA” means the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.), as it now exists or may hereafter be amended. (i) “Certificate of Occupancy” means any of the following with respect to any part of the Project: (i) a permanent Certificate of Occupancy or (ii) a temporary Certificate of Occupancy; provided, however, that a Certificate of Occupancy or a Certificate of Completion as to underground parking components being utilized prior to the completion of vertical improvements shall not be deemed to be included within the definition of a “Certificate of Occupancy.” (j) “Conditions of Approval” shall mean the conditions of approval imposed by the City upon the Project Approvals.
(k) “Commencement of Construction” shall mean that date upon which all of the following have occurred: (i) issuance of a demolition permit, (ii) the issuance of a foundation permit and (iii) the commencement of demolition.
(l) “Developer Fees” shall mean those fees established, adopted, or imposed by the City pursuant to Section 66000-66008, of the Government Code of the State of California or the California Subdivision Map Act to offset the impact of development on the City’s capital facilities.

Such fees may include impact fees, linkage fees, exactions, assessments, fair share charges, or other 14321-00005/4231829.23
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similar impact fees imposed by the City on or in connection with new development. Developer Fees do not mean or include Processing Fees.
(m) “Development Agreement” or “Agreement” means this Agreement. (n) “Development Agreement Act” means Article 2.5 of Chapter 4 of Division I of Title 7 (Sections 65864 through 65869.5) of the California Government Code (as the same may be amended and/or re-codified from time to time).
(o) “Discretionary Action(s)” or “Discretionary Approval(s)” means an action which requires the exercise of judgment, deliberation or discretion on the part of the City, including any board, agency, commission or department and any officer or employee thereof, in the process of approving or disapproving a particular activity, as distinguished from a Ministerial Permit or Ministerial Approval (as hereafter defined).
(p) “Effective Date” shall mean the date this fully executed Agreement is recorded in the official records of the Los Angeles County Recorder. (q) “EIR” shall mean the final Environmental Impact Report (SCH No. 2020110223) that addresses the Project and was prepared, circulated and certified in accordance with applicable law, including, without limitation, CEQA.
(r) “EMS” Fee(s) means the fee(s) paid pursuant to the provisions of Section 10(e) of this Agreement, which payments shall be used by the City for various public projects and programs, as determined by the City in its sole discretion.
(s) “Final Approval Date” or “Final Approval” means that date when all of the following matters have been satisfied (i) any period for administrative appeal of each of the Project Approvals has expired with no such appeal having been filed; (ii) if any administrative appeal has been filed, any administrative appeals of any Project Approval(s) has been denied and such denial becomes final; (iii) if any administrative appeal has been filed, there is no further right to administrative appeal or to seek any other administrative relief from such Project Approval after any appeal has been denied and such denial becomes final; (iv) the time for legal challenge (including referendum petition or lawsuit) to any Project Approval has expired with no legal challenge being filed; or (v) if any petition, lawsuit, or other legal challenge has been filed, such lawsuit or legal challenge shall have been resolved by a final decision, which includes discharge of any applicable writ, which does not revoke or alter the Project Approvals, including this Agreement or the EIR, in a manner that imposes changes to the Project or additional conditions, obligations or liabilities on the Developer, or alters the Developer’s rights under this Agreement , and with no further right to appeal; and (vi) if a referendum petition relating to any Project Approval or this Agreement is timely and duly circulated and filed, certified as valid and the City holds an election, the date the election results on the ballot measures are certified by the City Council in the manner provided by applicable State and City laws reflecting the approval by voters of the Project Approval subject to referendum or this Agreement. Notwithstanding the foregoing, if any lawsuit or legal challenge is resolved by a settlement with all opposing parties to the matter described in clause “(v)” above which is approved by both the City and the Developer, each acting in their sole, absolute and unrestricted discretion, then the date of such settlement. 14321-00005/4231829.23
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(t) “Final Approval Period” means the time period which elapses between the Effective Date and the Final Approval Date.
(u) “Force Majeure” means shall mean and include:
(i) Any delay(s) caused by an event beyond the reasonable control of the Party claiming the delay (and despite the good faith efforts of such Party and the lack of such Party’s fault) that may prevent the Party from fulfilling the obligations for which it seeks excuse including without limitation all of the following events to the extent that they may prevent the Party claiming delay from fulfilling the obligation from which it seeks to be excused: acts of God; civil commotion; riots; strikes; picketing or other labor disputes; shortages or delayed delivery of materials or supplies; pandemic; damage to work in progress by reason of fire, floods, earthquake or other casualties; failure, delay or inability of the other Party to act; or terrorism, and litigation brought by a third party attacking the validity of this Agreement, the Project Approvals or the EIR or other litigation (including without limitation any litigation seeking injunctive relief attempting to slow or interrupt construction of the Project) which may interfere with the performance of the subject obligation. (ii) Force Majeure shall not include any delay attributable to economic hardships or conditions or financial wherewithal.
(iii) If the impacts of two or more of such events shall occur during the same time period, no more than one day of delay shall be attributed to any day which is impacted by two or more such events.
(iv) If a Party believes that an event has occurred which would constitute a Force Majeure event as to an obligation or time period, the affected Party shall be required to give prompt written notice to the other Party of the commencement of the event and its anticipated impact, but in no event later than thirty (30) days after the occurrence of same and the affected Party will use commercially reasonable efforts to minimize the impact of the event and the duration of any associated delay in performance. If Developer fails to provide timely notice as required above, Developer shall not have the right to assert Force Majeure as to the occurrence for which it has failed to provide timely notice as required above. If the City disagrees with any asserted Force Majeure in a notice from the Developer, it shall give written objection to the Developer’s notice within thirty (30) days of the City’s receipt of the same. If the City fails to timely provide such written objection, the City shall not have the right to later assert that the event did not occur, but the City’s failure to object to Developer’s assertion that the event occurred shall not limit the City’s right to dispute the duration of the impact of that event.
(v) “General Plan” means the General Plan of the City, as it exists as of the Effective Date.
(w) “Gross Room Revenue” means revenue that is or would be subject to the transient occupancy tax imposed by the City pursuant to Title 3, Chapter 1, Article 3 or the Beverly Hills Municipal Code as that Article exists on the Effective Date. (x) ”Hotel” shall have the meaning specified therefor in the Specific Plan. 14321-00005/4231829.23
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(y) “Minimum Luxury Standard” means: (i) with respect to the initial construction, opening and operations of the Hotel, Restaurants and ancillary uses contemplated by the Project Approvals, conformity with the design referenced in Section 4.8.F of the Specific Plan, and as approved by the Architecture Commission, and such quality of interior design, materials and finishes consistent with the world class standards of other Cheval Blanc properties and (ii) with respect to all Hotel operations, maintenance, repair and alterations after the 180-day period described in Section 6(a) hereof, conformity with all continuing requirements of the Specific Plan, commensurate with the standards of the top four (4) full-service luxury hotels in the City, as those properties may change from time to time.
(z) “Ministerial Permit(s),” or “Ministerial Approval(s)” means a permit or approval, including, but not limited to, building permits, demolition permits, foundation permits, grading permits, zone clearances, and certificates of occupancy, which requires the City, including any board, agency, commission or department or any officer or employee thereof, to determine whether there has been compliance with applicable rules, statutes, ordinances, conditions of approval, and/or regulations, as distinguished from an activity which is included in the definition of Discretionary Action or Discretionary Approval.
(aa) “Mortgage” means any mortgage, deed of trust, encumbrance, sale leaseback or other security interest encumbering all or any portion of the Property, whether now or hereafter existing, given by Developer for the purpose of securing funds to be used for financing or refinancing the Property or any portion thereof, financing or refinancing the construction of improvements thereon and/or any other expenditures reasonably necessary and appropriate to develop the Project. (bb) “Mortgagee” means the holder of the beneficial interest under any Mortgage. (cc) “Municipal Surcharge” means five percent (5.0%) of the Gross Room Revenue payable to the City. As to longer stays pursuant to Section 7(b) below (in the event of any holding over by guests, whether or not intended by the Developer), the “Municipal Surcharge shall be five percent (5.0%) of the Gross Room Revenue for days one (1) through thirty (30) and nineteen percent (19%) of the Gross Room Revenue commencing on day thirty-one (31). (dd) “Specific Plan” shall be defined as set forth in Recital B. (ee) “Owner” shall be defined as the Developer as of the Effective Date, and following any Transfer, the beneficial and legal owner(s) of the Project, collectively, from time to time.
(ff) “Penthouse” shall have the meaning specified therefor in the Specific Plan. (gg) “Processing Fees” means all processing fees and charges required by the City that are applied uniformly to all construction or development related activity including, but not limited to, fees for land use applications, Building Permit applications, Building Permits, demolition permits, foundation permits, grading permits, hauling permits, encroachment permits, subdivision or parcel maps, lot line adjustments, street vacations, inspections, certificates of occupancy and plan check.

Processing Fees shall not mean or include Developer Fees. In addition, any and all fees payable under the current Applicable Rules shall be deemed to be included within the term “Processing Fees” and 14321-00005/4231829.23
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not to be included within the term “Developer Fees,” whether the same are payable upon issuance of a Building Permit, upon connection of a utility or upon issuance of a Certificate of Occupancy or other Ministerial Approval.
(hh) “Project” means the development project as described in the final EIR (as hereinafter defined), as modified by the Project Approvals. (ii) “Project Approvals” shall be defined as set forth in Recital D and shall include any Subsequent Project Approvals (as hereafter defined). (jj) “Property” means the real property described in Exhibit A attached hereto. (kk) “Public Benefit Contribution” means the payment from the Developer to the City pursuant to Section 10(d) of this Agreement, which payment may be used by the City for various public projects and programs.
(ll) “Reserved Powers” means the power and authority of the City to enact regulations and/or take Discretionary Action if the same is expressly found by the City to be necessary to protect residents of the City, those employed in the City, or visitors to the City, from a condition that is dangerous to public health or safety or if the same is required to comply with California or federal laws (whether enacted previous or subsequent to the Effective Date of this Agreement).

Reserved Powers also include the power and authority of the City to enact regulations which apply within the Business Triangle of the City, including without limitation, regulations of hotels, retail uses, private members clubs and parking, provided that such regulations do not impact the permitted density, height, or square footage of the Project permitted by the Specific Plan. (mm) “Subsequent Land Use Regulations” means any change in or addition to the Applicable Rules adopted after the Effective Date of this Agreement, including, without limitation, any change in any applicable general or specific plan, zoning, subdivision, or building regulation, including, without limitation, any such change by means of an ordinance, initiative, resolution, policy, order or moratorium, initiated or instituted for any reason whatsoever by the Mayor, City Council, Planning Commission or any other board, agency, commission or department of the City, or any officer or employee thereof, or by the electorate, as the case may be, which would, absent this Agreement, otherwise be applicable to the Project.
(nn) “Subsequent Project Approvals” shall mean further Discretionary Actions or Discretionary Approvals, Building Permit, Ministerial Permits and Ministerial Approvals required to carry out the Project as approved on ________, 2022, including, without limitation, any tentative subdivision map, whether vesting or non-vesting. Following adoption or approval, a Subsequent Project Approval shall become a Project Approval.
(oo) “Transfer” means any transaction that directly or indirectly conveys all or any portion of the Property, and which conveyance would be subject to, and not exempt from, documentary transfer tax pursuant to California Revenue and Taxation Code Sections 11911 through 11933, including Los Angeles County Documentary Transfer Tax (Los Angeles County Code, Chapter 4.60), as those taxes existed on the Effective Date of this Agreement. A transaction whereby the possession of all or any portion of the Property is transferred but the seller retains the title as security for the 14321-00005/4231829.23
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payment of the price shall be deemed a Transfer. For the purposes of triggering the EMS Fee only, a Transfer shall also include any sale, assignment, or transfer (but excluding pledges) of fifty percent (50%) or more of the beneficial ownership interest in Owner, whether in one transaction or a series of transactions.
(pp) “Zoning Regulations” shall mean the official zoning regulations of the City adopted as of the Effective Date of this Agreement.

2. Recitals of Premises, Purpose and Intent.
(a) State Enabling Statute. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted the Development Agreement Act which authorizes any city to enter into binding development agreements establishing certain development rights in real property with persons having legal or equitable interests in such property. Section 65864 of the Development Agreement Act expressly provides as follows:
“The Legislature finds and declares that:
(a) The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and discourage investment in and a commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public. (b) Assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic cost of development.”
Notwithstanding the foregoing, to ensure that the City remains responsive and accountable to its residents while pursuing the benefits of development agreements contemplated by the Legislature, the City accepts restraints on its police powers contained in development agreements only to the extent and for the duration required to achieve the mutual objectives of the Parties. (b) The Project. The Developer intends to develop the Property as described in the Project Approvals and the final Building Permit plans submitted to the City, subject to the Applicable Rules, the Project Approvals, and the Conditions of Approval. The Parties hereby agree that, for the term of this Agreement, the permitted uses, the density and intensity of use, the maximum height and size of proposed buildings, parking requirements, setbacks, and development standards, provisions for reservation or dedication of land for public purposes and location of public improvements, and the design, improvement, construction and other guidelines, standards and specifications applicable to the development of the Property shall be those set forth in the Project Approvals, the Applicable Rules and this Agreement, including the Conditions of Approval.

3. Property Subject to Agreement. This Agreement shall apply to all of the Property. 14321-00005/4231829.23
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