Item F-1 Link — Beverly Hills City Council, December 6, 2022 (part 1 of 2)

AGENDA REPORT
Meeting Date: December 6, 2022
Item Number:

To: Honorable Mayor & City Council
From: Timothea Tway, AICP, City Planner
Chloe Chen, Associate Planner
Subject: AN APPEAL OF THE PLANNING COMMISSION'S MAY 26, 2022

DECISION AMENDING A DEVELOPMENT PLAN REVIEW
REGULATING ROOFTOP USES AT 9800 WILSHIRE BOULEVARD
AND 121 SPALDING DRIVE (SPRING PLACE)
Attachments: 1. Appeal Petition

2. Letter from Appellant dated 11-8-2022

3. Planning Commission Resolution No. 1985

4. Planning Commission Resolution No. 1927

5. Staff Report – April 28, 2022 Planning Commission Meeting

6. Public Notice – November 15, 2022 Appeal Hearing

7. Public Notice – April 28, 2022 Planning Commission Meeting

8. Member and Guest Check-In Data

9. Member Category Totals

10. List of Events

RECOMMENDATION
Mark Egerman of Egerman Law Group, LLP, on behalf of the project applicant, Spring Place (collectively, the appellant) has filed an appeal to challenge the Planning Commission’s decision on May 26, 2022. On May 26, 2022, the Planning Commission decided to adopt an amended Development Plan Review (DPR) resolution (Resolution No. 1985, Attachment 3) that regulates the use of the rooftop operations of the buildings located at 9800 Wilshire Boulevard and 121 Spalding Drive (the project site). This item was continued from the November 15, 2022 formal City Council meeting agenda.

However, the appellant has requested that this matter be remanded back to the Planning Commission to be reheard, pursuant to Beverly Hills Municipal Code (BHMC) §1-4-105.

Staff is in support of this request, given the changes to the management and operations of Spring Place, as noted in the letter from the appellant (Attachment 2). In the case that the City Council decides not to remand this back to the Planning Commission, then staff recommends the Council proceed with the appeal hearing.

F-1
Meeting Date: December 6, 2022

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INTRODUCTION
Spring Place is a co-working office and private membership club that has operated at the project site since 2018, and currently occupies the first two levels of office space in the 9800 Wilshire Boulevard building, and the fourth level of the 121 Spalding Drive building.

Spring Place has described their operations as a membership-based, co-working office that provides common and dedicated spaces and amenities. A co-working use typically appeals to those desiring a built-in workplace community and more flexible office option.

A co-working office use is consistent with the permitted uses for the C-3 Commercial Zone, which include commercial office uses. Similar to Spring Place, commercial offices typically provide shared amenities, conveniences and services, ancillary uses, and occasional events for their tenants. While the co-working use does not require approval to operate at the project site, Spring Place has previously received discretionary approval for specific types of rooftop uses and services provided as further discussed below.

Previous Planning Commission Hearings – Spring Place
May 2018
On May 24, 2018, the Planning Commission approved an Amendment to a previously approved Development Plan Review to permit food and beverage services on the rooftops of both buildings located on the project site, and to allow up to three guests per Spring Place member to utilize the rooftop facilities during hours of operation (8:00 AM to 10:00 PM, Monday to Friday, and 9:00 AM to 10:00 PM, Saturday to Sunday). The resolution approving this amendment, Planning Commission Resolution No. 1846, is included as an attachment to the Staff Report for the April 28, 2022 Planning Commission meeting (Attachment 5). It is important to note that this resolution regulates the operations of the rooftop facilities on the project site only, and that the co-working office use has been determined to be consistent with the permitted uses of the C-3 Commercial Zone. During this Planning Commission meeting, Spring Place stated that the target number for members during the first year of operation was between 500 to 800 members, but did not specify the total membership goal for the life of the operation.

In addition, it was presented that the co-working office would be the primary use of the project site, and that ancillary social and cultural events would function as a secondary amenity for users.

September 2018
Subsequently, in September 2018, Spring Place submitted a request for a Zone Text Amendment and Development Plan Review Amendment. The Zone Text Amendment would have permitted rooftop music uses, and the Development Plan Review Amendment would have modified the existing conditions of approval to allow members to bring up to ten guests per member to the rooftop facilities. At the June 13, 2019 Planning Commission meeting, the Commission reviewed these requests and directed staff to prepare a resolution for the denial of the requested entitlements for the Planning Commission meeting of July 11, 2019. On July 2, 2019, Spring Place withdrew the application, and as a result, the denial resolution was not adopted at the July 11, 2019 Planning Commission meeting.

Additionally, the Commission requested the study session to evaluate whether Spring Meeting Date: December 6, 2022

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Place has operated in a manner consistent with the statements presented at the May 24, 2018 meeting. Specifically, the Commission expressed concern that the social and cultural events had become a primary component of Spring Place’s operations, rather than an ancillary or occasional function, due to the frequency of events and resulting adverse impacts to adjacent residential properties.

October 2019
On October 24, 2019, the Planning Commission reviewed the operations of Spring Place and discussed the operational plan that was submitted by the applicant representative, which detailed additional steps the business was taking to mitigate neighbors’ concerns regarding impacts to the adjacent residential uses. At this meeting, the Commission expressed satisfaction regarding the actions Spring Place took, and that there were no neighbors present expressing further concerns with their operations. The Commission stated that they hoped to see Spring Place further improve their operations by growing the amount of members who have dedicated desks, and help ensure their members comply with the City’s business tax licensing requirements. In addition, the Commission directed staff to return within approximately one year to review Spring Place’s operations, and to bring the applicable conditions of approval into consistency with their stated operations, specifically their valet parking services. Since a change to the conditions of approval consists of an amendment to the existing DPR approval, a noticed public hearing was required to satisfy the Planning Commission’s request at the November 2020 hearing (rather than a study session, as was originally requested).

As a result, the Commission adopted an amended resolution, Planning Commission Resolution No. 1927, which currently regulates the rooftop uses on the project site and largely supersedes the previous resolutions. While many of the conditions of approval from the previous resolutions are irrelevant to Spring Place’s operations because the approvals were connected to the development of the buildings on the project site, Condition No. 5 of Resolution No. 1647 requires that free parking is provided to all employees.

April/May 2022
At the January 13, 2022 Planning Commission meeting, the Commission was made aware of some recent complaints regarding Spring Place’s operations. Pursuant to Condition No. 12 of Planning Commission Resolution No. 1927 (which governed Spring Place’s operations at the time), the Commission reserved the right to impose additional Meeting Date: December 6, 2022

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conditions as necessary to mitigate unanticipated impacts caused by the proposed project. Based on Condition 12, the Commission directed staff to schedule a hearing to review the project. Hearings were held on April 28, May 12, and May 26, 2022 during which the Commission reviewed information regarding Spring Place’s operations, potential violations of the conditions of approval, and comments and testimony provided by members of the Spring Place team and the public. Multiple hearings took place because of requests by the applicant team to continue the item, and the direction of the Planning Commission to return to a subsequent meeting with an amended resolution. At the conclusion of the May 26, 2022 hearing, the Planning Commission adopted a resolution (Planning Commission Resolution No. 1985, Attachment 3) that amended the existing Planning Commission Resolution No. 1927 (Attachment 4) and added further conditions and restrictions on Spring Place’s operations, designed to address the adverse impacts identified by the public’s testimony and the Commission’s review.

Planning Commission Resolution No. 1985 made the following changes, as compared to Planning Commission Resolution No. 1927:
• Condition No. 1 – revised the condition language to clarify the relationship of this resolution with any previous resolutions that apply to the Project Site; • Condition No. 3 – revised to allow a maximum of 30 people total on the rooftops at any one time (including members and guests), to specify that no events may be held on the rooftops, and to limit the hours of access to the rooftops to 9:00 AM to 6:00 PM;
• Condition No. 4 – revised to prohibit food and beverage service on the rooftops (from both the Spring Place restaurant or outside catering service), which is not intended to preclude a member or guest from consuming food and/or drink on the rooftops that they have brought up themselves;
• Condition No. 5 – revised to clarify that any events held at the project site (in the interior of the building only) must be an ancillary component of the co-working office use, and may not include events unrelated to an office use (i.e. weddings, bar/bat mitzvahs, etc.), and must only be accessible to members and their guests;
• Condition No. 14 – new condition that clarifies that special event permits cannot be obtained for any events on the site for activities that circumvent or conflict with the conditions set forth in the resolution;
• Condition No. 15 – new condition to require that the Planning Commission review the operations of Spring Place again in approximately 12 months from the date of adoption of the amended resolution.

DISCUSSION
Review of Spring Place Operations
On June 8, 2022, Spring Place’s representative filed a timely appeal of the Planning Commission decision and resolution adopted on May 26, 2022, as described in the section above. The appeal stays the effectiveness of Planning Commission Resolution No. 1985 (adopted on May 26, 2022), and therefore, Spring Place is currently subject to the previous resolution, Planning Commission Resolution No. 1927. The operational conditions that Spring Place must comply with while the appeal is pending from June to the present (not including more general or standard conditions) are summarized below:
• Condition No. 2 - no rooftop activities allowed within 30 ft. of the south property line of the 121 Spalding building
• Condition No. 3 - outdoor rooftop areas may be used by members and up to 3 guests per member from 8 AM to 10 PM, Mon-Fri, and 9 AM - 10 PM, Sat-Sun; Meeting Date: December 6, 2022

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occasional events are permitted later than 10 PM if notice is given to the City 72 hrs. in advance;
• Condition No. 4 - food and beverage service on the rooftop is allowed between 8 AM to 10 PM, Mon-Fri, and 9 AM - 10 PM, Sat-Sun; service shall take place in the 3rd floor restaurant, professional wait staff must be used, and beverages may be prepared in the rooftop bar;
• Condition No. 5 - must comply with the private club requirements at all times, and no ancillary uses that are unpermitted in the C-3 zones are allowed; • Condition No. 6 - exterior lighting is subject to architectural review and must be shielded and oriented away from adjacent residential uses; • Condition No. 7 - must operate in compliance with commercial-residential transition regulations
• Condition No. 8 - must operate in compliance with noise regulations • Condition No. 9- must operate in compliance with "Entertainment outside the business triangle" regulations, and no amplified sound or speakers are allowed • Condition No. 10 - must maintain 134 parking spaces and provide free valet for members and employees during hours of operation and for any events outside normal hours; condition shall not be applicable if Spring Place is not fully operational (such as during COVID)
• Condition No. 13 - every member shall comply with business tax registration requirements and Spring Place shall inform members of this requirement Data regarding Spring Place’s operations at the time of the Planning Commission’s review in April and May of 2022 are included in the attachments to the staff report for the April 28th meeting (Attachment 5). Staff requested updated data from Spring Place from the time of the last hearing in May to present day, so that this information can be evaluated based on the applicable conditions in Planning Commission Resolution No. 1927. This data is summarized below.

Police Incident Reports
Staff requested police incident reports from June 2022 to October 2022 that were related to the project site. Police records can help to indicate if the operations on the project site have resulted in disturbances to the neighborhood, since calls regarding disturbance of the peace would be included. Police records for this specific period only showed one call for service on September 7, 2022 related to a transient complaint at the 9800 Wilshire Boulevard address.

Community Preservation Actions and Monitoring
Staff reviewed the City’s Community Preservation records for any enforcement actions that took place after the Planning Commission’s review in May 2022, and spoke to Community Preservation staff working on the monitoring case. Although there has been correspondence between staff and the Spring Place team about scheduled events since the Planning Commission’s review in May, there have not been any violations recorded, or new complaints submitted. Staff has provided guidance to the Spring Place team regarding a number of events in order to help the business comply with the limitations.

More detail regarding the previous Community Preservation actions can be found in the attached Planning Commission staff report.

Member and Guest Check-Ins
For the period from May 2022 to October 2022, Spring Place has provided check-in data for its members and visitors (Attachment 8). The average number of members checking in during this period was 60 members per day, and the average number of visitors was 39 visitors per day. The highest number of members that checked in on one day was Meeting Date: December 6, 2022

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104, and the highest number of visitors on one day was 85. Spring Place has also provided totals for the number of members in each membership category (Attachment 9). Based on the current total of 761 members, the average capture rate for members is

7.8% (60 / 761) and the average capture rate for visitors is 5.1%. A list of the events that have occurred from May to October has also been included as Attachment 10, but this list only provides the title of the event and does not provide much information regarding the nature of the event.

Valet Data
The Spring Place team has indicated that they are not currently providing valet services, but that valet service will be reactivated in the near future. The team provided a signed contract with a valet company as evidence of this service being provided, and the start date for the contract was 11/1/2022. However, staff has checked with the Spring Place team, and no valet services are being provided at this time. Spring Place has stated that they are waiting on an approval of a valet permit from the City, but staff was unable to find a pending valet permit application in the City’s permitting system. Currently, Spring Place provides complimentary self-parking for both members and visitors, and valet services have been provided for events only. Condition No. 10 of Planning Commission Resolution No. 1927, which Spring Place is currently subject to while the appeal is pending, states that Spring Place shall provide free valet for members and employees during hours of operation and for any events outside normal hours. However, the condition also states that it shall not be applicable if Spring Place is not fully operational, such as during the COVID-19 pandemic. Given that most of the operating restrictions previously imposed by the Los Angeles County Health Department are no longer in effect, it is staff’s view that valet services should be provided at this time.

Appeal Petition and Responses
The appeal petition makes several arguments regarding why the appeal should be granted. The arguments made by the appellant are summarized below and responded to with clarifying information and explanations. Please note that the appeal petition includes numbering of each section and the corresponding numbering is repeated below.
• Comment I. Spring Place’s business was negatively impacted by the COVID-19 pandemic since it is dependent upon in-person utilization of the co-working office spaces. Since costs remained high throughout this time, Spring Place suffered financially, but looked for more business opportunities once operations became more normal in 2021. Spring Place became aware of complaints submitted to the City, and in response, decided to implement methods to ensure compliance with the applicable resolution and conditions of approval. These methods included:
designating a compliance officer in charge of ensuring that the operations comply with the applicable resolution and conditions of approval, training sessions to make employees aware of operational restrictions, created a checklist of requirements for programming events, created an outreach program to communicate with neighbors, and engaging a sound engineering firm to test noise levels from events.
o Response: These circumstances are noted. Spring Place has stated that various steps have been taken to help ensure that the company operates in compliance with the applicable resolution and conditions of approval.

However, the City is not aware of any updates on the steps that were still in progress, and whether or not the programs have been implemented fully and successfully.

Meeting Date: December 6, 2022

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• Comment II. A. The noticing for the May 26, 2022 Planning Commission meeting did not include the totality of what was included in the adopted resolution, such as new restrictions. The appellant also notes that the Planning Commission directed staff to revise or add conditions related to the rooftop operations on the project site, but that the amended resolution included items that were not mentioned by the Commission.
o Response: It is not unusual for notices to be more general than the topics specifically discussed at a public hearing because it is not possible to anticipate all that will be discussed by the advisory body or reviewing authority at a public hearing. The intent of a public notice is to make members of the public aware that this discussion is taking place, and what generally will be discussed, which was the review of Spring Place’s operations against the current conditions of approval. The notice for the April 28, 2022 meeting (Attachment 7) states that the “Planning Commission will review all current operations and compliance with the conditions of approval of Resolution No. 1927, and may add or amend other conditions of approval affecting Spring Place’s rooftop operations”.

The subsequent public hearings were continued from April 28 to May 12 and May 26, and did not require additional noticing.

Regarding the argument that staff included items outside of the scope of the Planning Commission’s direction in the amended resolution, the Commission’s discussion at the May 26th hearing clearly stated that the types of events needed to be further specified in the resolution so that events inconsistent with a co-working office use are not permitted to take place on site. As a result of the Commissions’ deliberations, staff drafted the amended resolution to more specifically limit the types of events that are allowed to occur on site. In addition, the condition regarding valet parking services was clarified since the original intent of this condition was to only provide relief while the COVID-19 restrictions were in place.

Ultimately, the conditions included in the resolution were reviewed and approved by the Planning Commission.
• Comment II. B. The appellant states that the Planning Commission did not discuss the additional restrictions related to events inside the building, and valet parking services during the May 12th hearing. This comment provides an excerpt of the transcript for the May 12th meeting.
o Response: The excerpt of the May 12th meeting transcript provided in the appeal petition clearly shows that the Commission wished to restrict the types of events that were occurring on site. The conditions in the resolution related to the types of events that are allowed within the building are existing regulations in the code that already apply to the project site’s operations, but are restated for clarity. These code restrictions include the private club restrictions (BHMC §4-2-202.D), which states that “Private parties shall be hosted on the premises by private club members only, and the private club shall not charge a member or the member's guests for the use of the facilities for a private party”, and the restrictions in BHMC §10-3-1601, which lists the types of uses permitted in the C-3 Commercial Zone. Similar to Condition Nos. 7, 8, and 9 of the Planning Commission Resolution No. 1927 that restate requirements from the code in order to ensure they are enforced properly, Condition No. 5 of Planning Commission Resolution No. 1985 simply restates code restrictions that already apply to the project site. Condition Meeting Date: December 6, 2022

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No. 5 includes new language to clarify that any events held there must be an ancillary component of the co-working office use, and may not include events unrelated to an office use (i.e. weddings, bar mitzvahs, etc.), and must only be accessible to members and their guests. Given the Commission’s clear desire to prevent events that do not comply with these restrictions from occurring in the future, such as weddings and bar mitzvahs, the conditions were updated to ensure it is clear that such events are prohibited not just in the rooftop areas but within the interior of the building as well.
• Comment II. C. This comment states that the condition related to the types of events permitted within the building (Condition No. 5 of Planning Commission Resolution No. 1985) is not within the jurisdiction of the Planning Commission to impose since it does not have a relationship to the rooftop uses. In addition, the condition is contrary to the permitted uses in a C-3 zone.

Response: As discussed above in the response to Comment II. B., the addition of Condition No. 5 is intended to restate code restrictions that already apply to the project site, but are repeated for clarity and enforcement purposes. Sometimes, specific code restrictions are repeated in resolutions even if the project must already comply with them for two reasons: 1) to ensure that the applicant and the public are aware of the restriction, and 2) to facilitate easier enforcement of such code restrictions. As mentioned in the response above, the C-3 Commercial Zone allows for a defined list of general commercial uses. This list does not include event spaces for private rental, as such uses are intended to be concentrated in facilities specifically designed to accommodate large events like hotels or conference facilities. In addition, the requested entitlement was for a Development Plan Review (DPR) that related to the rooftop operations at the project site. Pursuant to BHMC §10-3-3104, “In approving a development plan application, the reviewing authority may impose such conditions as it deems appropriate to protect the public health, safety and general welfare”. The addition of conditions that restate restrictions in the code were clearly intended to preserve the general welfare, given the complaints related to the adverse impacts resulting from unpermitted events such as weddings and private celebrations occurring at the site.
• Comment II. D. This comment states that the terms used in Condition No. 5 of Planning Commission Resolution No. 1985 are vague and unintelligible.

The comment complains that this ambiguity results in Spring Place having to interpret and determine if any events are in compliance or not, which could result in criminal penalties.
o Response: Condition No. 5 states the following: “The co-working offices and the ancillary rooftop uses shall operate at all times in compliance with requirements for Private Clubs enumerated in Title 4, Chapter 2, Article 2 of the Municipal Code. At no time shall ancillary uses be permitted within the co-working offices that are prohibited in the C-3 Zone pursuant to BHMC §10-3-1603, or permitted by a conditional use permit in the C-3 Zone pursuant to BHMC §10-3-1604.

Any events or activities occurring within the co-working office premises must be an ancillary function of the co-working office use, and may only be accessible to co-working members and their guests.

It shall be considered a violation of this condition to host any events Meeting Date: December 6, 2022

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unrelated to a commercial office use, or to allow a third-party to host an event within the facilities. Examples of events that are not related to a commercial office use include, but are not limited to: weddings, bar/bat mitzvahs, engagement parties, birthday parties, fundraisers, and other similar events”. The condition is not written to intentionally confuse or obscure its meaning, and specific examples of the types of events that do not comply with the condition are listed to further clarify the intent of the restriction. Ancillary events are intended to refer to events that are directly related to the co-working office use and operation, such as an event featuring a speaker in a creative field or industry that is of interest to members of the co-working office.

Another example that would be related to the co-working office use would be a showcase of an artist or chef, along with a sampling of their work. These events are clearly distinct from a wedding or bar/bat mitzvah, which are intended to be private celebratory events for friends and family, rather than events that are intended to act as an amenity or networking feature for members of the co-working office use. In addition, staff has encouraged Spring Place to reach out with questions whenever events are scheduled, and there may be questions as to whether the event is permitted or not. Staff has previously corresponded with Spring Place regarding whether a proposed event complies with the applicable restrictions or not, and would encourage Spring Place to do this when any question arises as to the legality of an event in the future.
• Comment II. E. This comment states that the additional language in Condition No. 5 related to the types of events that are permitted within the commercial office facility is designed to undermine Spring Place’s business model. The comment states that events are an integral part of Spring Place’s business model, and are key offerings for members. The comment also states that Spring Place’s business model is “to provide co-working office space on various levels, foster interaction among its members and the exchange of ideas and concepts, and provide members with unique event experiences.

The events hosted by Spring Place are designed to create memorable experiences for members and to cultivate connections to brands, publications, personalities, and cultural institutions”. o Response: The types of events that Condition No. 5 are intended to prohibit from occurring are privately hosted events that are clearly not open to nor intended to include all of the members of the co-working office, such as private weddings, bar/bat mitzvah, birthday party, or other private lifetime event celebrations. The types of events that the City would consider to be ancillary to a co-working office use are precisely those that would “foster interaction among its members and the exchange of ideas and concepts, and cultivate connections to brands, publications, personalities, and cultural institutions”, consistent with the types of events Spring Place has stated it intends to host. The types of examples provided in Condition No. 5 that are not considered to be ancillary to the co-working office use (weddings, bar/bat mitzvahs, engagement parties, birthday parties, fundraisers, etc.) clearly would not be consistent with Spring Place’s stated intent for events to “cultivate connections to brands, publications, personalities, and cultural institutions”. Events that would be consistent with this description, such as speaking engagements for notable figures in the business or creative fields, would not be Meeting Date: December 6, 2022

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prohibited by this condition. Thus, this condition aligns with the statements made by Spring Place as to what types of events the business would like to host for its members, and is not designed to undermine the viability of Spring Place’s business model. • Comment III. This comment states that the appellant requests that no new restrictions are placed on Spring Place, and that existing restrictions related to private clubs, noise, and entertainment outside the business triangle are sufficient to protect neighbors.
o Response: The comment states that the existing restrictions and limitations on private clubs, noise, and entertainment outside the business triangle are sufficient to protect the neighbors. However, many of the conditions have simply been updated to restate the existing limitations that apply to Spring Place, with which Spring Place has failed to comply in the past. Spring Place has failed to comply with the applicable conditions and operational limitations during its operation in the past, as evidenced by the complaints that were previously submitted to City staff as well as the monitoring by the Community Preservation team that confirmed several violations of the applicable conditions. In addition, Spring Place’s ongoing noncompliance and issues with these conditions has necessitated a review of their operations by the Planning Commission multiple times in the past.

PUBLIC OUTREACH AND NOTIFICATION
Type of Notice Required
Period Actual Period Required Date
Actual
Date
Notice of Pending Application
(Owners & Occupants – 500’ Radius +
block face)

N/A N/A N/A N/A
Adjacent Neighbors Notice
(Owners & Occupants – 100’ Radius) N/A N/A N/A N/A
Notice of Public Hearing
(Owners & Occupants – 500’ Radius +
block face)
20 Days 20 Days 10/21/22 10/21/22
Newspaper Notice1 20 Days 20 Days 10/21/22 10/21/22
Property Posting 20 Days 20 Days 10/21/22 10/21/22
Agenda Posting 72 Hours 7 Days 11/11/22 11/12/22
Website 72 Hours 7 Days 11/11/22 11/12/22 1 The project was noticed in the October 21, 2022 edition of The Beverly Hills Courier, and the October 27, 2022 edition of The Beverly Hills Weekly. In addition, staff has sent an email out to a list of interested parties regarding this item. The item was continued by the City Council at the November 15, 2022 formal meeting to a date certain (December 6, 2022), so no additional noticing was required for this meeting.

2. In addition to the noticing methods included in the table below, staff also notified a list of interested parties via email. The list of interested parties was created during the notification period for the Planning Commission hearing on the requested Zone Text Amendment and Development Plan Review Amendment for Spring Place on June 13, 2019.

Public Correspondence
As of the writing of this report, staff has not received public correspondence related specifically to this appeal request. Public comments previously provided at the Planning Meeting Date: December 6, 2022

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Commission hearing on April 28, 2022 are included in the attachments to the staff report for that meeting (Attachment 5).

ENVIRONMENTAL REVIEW
This project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.), and the environmental regulations of the City. Upon review, the project appears to qualify for a Class 1 Categorical Exemption (Existing Facilities) and Class 21 Categorical Exemption (Enforcement Actions by Regulatory Agencies) in accordance with the requirements of Section 15301 and 15321 of the state CEQA Guidelines. The Class 1 exemption is applicable to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The Class 21 exemption is applicable to actions taken by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency, including the adoption of an administrative decision or order enforcing or revoking the lease, permit, license, certificate, or entitlement for use or enforcing the general rule, standard, or objective. Staff recommends that the City Council consider finding the project exempt from further review under CEQA pursuant to the applicable Categorical Exemptions cited.

FISCAL IMPACT
There is no anticipated fiscal impact to the City at this time since the appellant has paid the required filing fee.

Ryan Gohlich, AICP,
Director of Community Development
Approved By
Attachment 1
Appeal Petition

APPEAL PETITIONS MUST BE FILED WITH THE CITY CLERK'S OFFICE WITHIN 14 CALENDAR DAYS AFTER THE DATE OF THE DECISION

APPEAL TO CITY COUNCIL
PLEASE TYPE OR PRINT CLEARLY IN BLACK INK June 8. 2022
Date
In accordance with the appeals procedure as authorized by the provisions of the Beverly Hills Municipal Code, the undersigned hereby appeals from the decision of the PLANNING COMMISSION (Official, Board or Commission involved) rendered on M a y 2 6 , 2022; which decision consisted of: Imposing conditions on Spring Place for use of its rooftop and limitations on use of the building proper.

The grounds submitted for this appeal are as follows: (WARNING: State qHgrounds for appeal Describe how decision is inconsistent with law. Use extra paper if necessary.) See Attachment.

The undersigned discussed the decision being appealed with:

Not Applicable on Not Applicable
(Department Head(s) Involved) Date
It is requested that written notice of the time and place for the hearing on this appeal before the City Council be sent to:

Mark Egerman, Egerman Law Group, LLP, 280 S. Beverly Drive, Suite 304, Beverly Hills, CA 90212 Name Address
Spring Place
__ ^ , attorney
Signature of appealing/arty
9800 Wilshire Blvd., Beverly Hills, CA 90212 and
121 Spalding Drive, Beverly Hills, CA 90212
Address
310-248-6299 (telephone) 310-248-6288 (facsimile)
Telephone Number & Fax Number
Fee Paid ^ 5'^ 5/? 00 (For City Clerk's use) DATE RECEIVED ' bem hills citv clerk
LOG NO. ^5V Written Notice mailed to appellant: 2022 JUN 8 PM4.07 Copies to: City Council, City Manager, City Attorney, ) Ty r>(Ci/lLlLAK>M(ri\i ) f^O (2^ f^L Z2- 006 WLj Involved Department

ATTACHMENT TO APPEAL TO THE CITY COUNCIL FROM RESOLUTION OF THE PLANNING COMMISSION ADOPTED ON MAY 26, 2022,

REGARDING SPRING PLACE AND THE USE OF THE ROOFTOP AT
9800 WILSHIRE BLVD. AND 121 SPALDING, BEVERLY HILLS, CA 90212 Spring Place appeals the Resolution of the Planning Commission adopted on May 26, 2022.

FACTUAL BACKGROUND
The property in question is 9800 Wilshire Boulevard and 121 Spalding Drive, Beverly Hills, California which consists of two office buildings in a C-3 zone in the City of Beverly Hills. The rooftops of the building are connected by a bridge over the alley separating the buildings and are improved outdoor areas of just under 7,000 square feet. In 2013, the Planning Commission approved a Development Plan Review (Planning Commission Resolution No. 1683) for the property to allow rooftop structures and uses, consisting of unenclosed architectural features (shade structures) and a rooftop lunchroom facility for employees of the offices.

Spring Place became a tenant of the project site in October 2018, renting the the first two levels of office space in the 9800 Wilshire Boulevard building and the fourth level of the 121 Spalding Drive building. It invested millions of dollars in tenant improvements to develop the space into a private membership-based, co-working office that provides common and dedicated spaces and amenities. Its business model is to provide co-working office space on varies levels, foster interaction among its members and the exchange of ideas and concepts, and provide members with unique event experiences. The events hosted by Spring Place are events designed to create memorable experiences for members and to cultivate connections to brands, publications, personalities, and cultural institutions. Discretionary approval is not required for these activities, as they are allowed by right under the Beverly Hills Municipal Code in a 0-3 zone. Rooftop uses, however, do require discretionary approval under BHMC §10-3-3107.

The Planning Commission on May 25, 2018, approved an Amendment to the Development Plan Review (Resolution No. 1846) to permit food and beverage services on the rooftops of both buildings and to allow up to three guests per Spring Place member to utilize the rooftop facilities. In November, 2020, the Planning Commission adopted Resolution No. 1927, which (1) provided greater flexibility regarding the requirement to provide valet services while operations were diminished during the pandemic; (2) clarified that Spring Place shall comply with the City's private club regulations; and (3) clarified that Spring Place shall not be responsible for enforcing business tax license requirements, but shall inform its members of such requirements.

The success of Spring Place's business is dependent upon providing a unique environment in which people gather together to work, interact, network, and mingle at unique events. It was the perfect business model prior to Covid-19, which Covid-19 unfortunately largely destroyed. By March, 2020, Covid-19 essentially shut down Spring Place. While Spring Place attempted to cut its costs by reducing its overhead (e.g., termination of valet parking, reducing staff, etc.), its costs, particularly its monthly rent, remained high. For over a year, it was bleeding cash at an unsustainable rate.

With the development of vaccines against Covid-19, life slowly began to become somewhat more normal commencing in 2021. Businesses, including Spring Place, many on the verge of bankruptcy, began the painful process of recovery by attempting to generate revenue to sustain its operations. Spring Place began the process of trying to once again become viable and rebuild its staff. To do so, it seized every legitimate business opportunity that was available to build back its business.

The City received complaints regarding events being held at Spring Place and on its rooftop. It referred the matter to the City Prosecutor, which resulted in a meeting between the City Prosecutor, City Code enforcement officers, and representatives of Spring Place on March 16, 2022. The meeting resulted in Spring Place changing attendance requirements for two upcoming events and changing its advertising. Spring Place also put into place various measures to insure greater compliance with the rules and regulations under which it operates.

The Planning Commission contemporaneously called Spring Place for a hearing to review the conditions under which it could conduct activities on its rooftop. The original hearing date was set for April 28, 2022, but this date was continued to May 12, 2022. Prior to the hearing date of May 12, 2022, Spring Place instituted the following compliance steps:

1. Ann Kleinhenz, a Vice President of Spring Place, was designated as the compliance officer to ensure that Spring Place follows all of the requirements of the City of Beverly Hills in its daily operations. In addition, she is responsible for monitoring all marketing communications on an ongoing basis as part of her position as the compliance officer.

Specifically, she has been instructed to ensure that all marketing materials specify that programing and events are open only to members of Spring Place and a limited number of their invited guests.

All employees involved in programming events and booked events are required to complete an in-house training program by Spring Place's legal counsel of the various rules and regulations regarding its operations. Two one hour long in-house training programs have been completed.

3. A checklist of City Requirements is being developed for each and every programing event held by Spring Place.

4. Gaby Alexander was retained to reintroduce her successful outreach program. She developed a communication card to be given to surrounding neighbors of Spring Place. She has reached out with Karim Elfeky, Vice President of Member Care at Spring Place, going door-todoor to speak with residents, introduce them to Karim Elfeky, and to leave with them his contact number should the residents have any concerns or problems. The response from the residents they have already contacted has been very positive. Many have expressed appreciation for the effort and the direct access they have been given.

5. Spring Place is negotiating with Veneklasen Associates, a sound engineering firm, for testing to ensure that any noise resulting from permitted events at Spring Place is below the legal threshold, and, if not, to design proper engineering modifications to ensure that there will be no noise violations or negative impacts on neighbors. Christian Toraldo, the CEO of Spring Place, and Mark Egerman, attorney for Spring Place, met with Steven Martin of Veneklasen at Spring Place. The physical premises were toured, and Mr. Martin was asked to develop a testing program to ensure that any and all activities and noises resulting from operations at Spring Place comply with all City ordinances and requirements.

II.

GROUNDS FOR APPEAL
A. The Planning Commission Meeting of May 26, 2022, Was Not Noticed.

The Resolution adopted on May 26, 2022, contains material and substantive new restrictions that were not raised or discussed at the hearing of the Planning Commission on May 12, 2022, and staff was never directed to include those additional restrictions in the Resolution. Specifically, at the hearing on May 12, 2022, the Planning Commission recognized that its proposed limitations on activities related only to rooftop use and not the building itself. Staff was directed to draft a resolution: (1) prohibiting events on the rooftop; (2) limiting rooftop use to thirty (30) individuals at any given time; (3) prohibiting food and beverage service on the rooftop; and (4) limiting the hours of rooftop use to between 9 a.m. and 8 p.m. Further restrictions, which had never been discussed at the Planning Commission meeting on May 12, 2022, and which staff was not directed to include in the Resolution, included a prohibition on events inside of the buildings unless related to "an ancillary function of the co-working office use" and specifically prohibited events inside of the buildings "unrelated to a commercial office use." The proposed Resolution also deleted the prior provision that valet parking not be required during the Covid-19 pandemic. Since these were totally new issues that were taken up, of which the Spring Place and the public were unaware and not notified, proper notice of the hearing was required, but was not given.^ B. Restrictions Only Allowing Events Inside Of The Buildings That Are "An Ancillary Function of the Co-working Office Use" And Prohibiting Events Inside the Buildings "Unrelated to a Commercial Office Use" And The Deletion of the Prior Provision That Valet Parking Not Be Required During the Covld-19 Pandemic Were Improperly Obtained.

Two new and previously not discussed restrictions were included in the proposed resolution given to the Planning Commission by Staff for the May 26, 2022, meeting: (1) Events in the buildings (not on the rooftop) were prohibited if they are "unrelated to a commercial office use;" and (2) the exemption to the requirement of valet parking during the pandemic was eliminated.

It is clear from the transcript of the May 12, 2022, Planning Commission hearing (at the close of public comment) that the Planning Commissioners were considering restrictions only on use of the rooftop." A sampling of the Commissioners* statements is as follows:

P: "In any event, we are here today to deal with the use of the rooftop. That's the only thing we have any jurisdiction over. I'm sure ..." P: "I just wanna bring us into the precise issue in front of us, which is "what are we going to do about the rooftop?" are we going to change the conditions? I say yes. I think that it may be some day that the new leadership can earn our trust and confidence but it hasn't happened yet and we've seen the movie before and I don't want to go through it all again. I wanna se if commissioner Ross ...

M: Commissioner Ross, do you want to comment on that? He's suggesting that we...

P: Well, I haven't finished. Did you want to say anything? M: No
P: OK, I think what we have to take the findings to deal with and we have to craft something respecting the limitations on the use of the roof that are 1 A partial transcript of the hearing of May 12, 2022, is attached hereto as Exhibit "A." 4 consistent with what the findings require and take into account the past history, I'm prepared to suggest some things, but Commissioner Ross, it looked like you wanted to raise an issue
M: Commissioner Ross?
G: We're just doing public commentary and deliberations, yes? M: Yes
G: I'm very disappointed in what I've seen over the last two years. I am extremely disappointed with what has been alleged over the last three or four months since the new team has been put in place. You're all saying the right things since Mr. Toraldo took over in December of 2021. There are a number of alleged violations with the hiring of Ann in March 2022, subsequent allegations of violations, so when it comes to the rooftop I do share in large measure Commissioner Osteroffs concerns. I also am a believer in, because I'm newer to this than Commissioner Osteroff, in last chances. And in my mind, you are all on very, very thin ice and I am open minded to a final warning double secret probation zero tolerance going fonward. I am open minded to giving this new management team a last best chance going forward with a narrow permission to continue on the rooftop with stricter conditions, but I am disappointed in the presentation, not from you, Mr. Egerman, but from Mr. Toraldo, who was either ill prepared or unwilling to answer some of our questions. As CEO, he's here today and we asked him very specific questions that a hands on resident CEO operator should know about what types of people attended events that are under scrutiny right now, how much they were charged, so I don't know if its an inadequate answer today because he knew what was on the table and what kind of questions we were asking. So I'm not ready to drop the hammer and shut down the roof, but I'm close, and I would only permit in my mind continued rooftop operations with a very, very short leash, and have you evaluate them over the next 12 weeks, three months with a very, very strict zero tolerance policy and any close calls in my mind will be construed against Spring Place. I'm very close to being with Commissioner Ostroff, on this, but I do have a sense that I'd like to give them one last best chance."
P: "I'm not suggesting that we shut down the roof. I am suggesting that we have much stricter conditions and conditions that we can enforce. We can't enforce who is a member and who isn't. You guys change membership categories every day and you do whatever you want. So I think the limitations have to be in terms of the hours of use, the nature of the use, the number of people whether they're members, giraffes. whatever they may be, that's what I think we should do. So I wasn't suggesting that we close down the roof. What I am suggesting is that there are very, very strict limits on it that are enforceable. And we are not going to have to quibble about who is a member and who isn't, but we would limit it to a certain number, limit commission hours, not have food and beverage service, things of that nature. That's what I had in mind.

Sorry to interrupt."
P: "I am not sure whether, where I go between the two of you, but I will make some specific suggestions, but I do think we need to have a very, very strict limits on the use of the roof and they have to be clearly enforceable.

So I would not purport to talk about what categories of people, but would talk about the number and my number would be 10. No more than 10 people. No events, but if people who work there want to go up on the roof, sit, talk, I would permit that during the normal business hours 9-6 Monday through Friday. I could be persuaded to do it on Saturday, but there is no events, no parties, no amplification, no microphones, no weddings, nothing. No more than 10 people at a time with a specific working hours like 9-6. Something like that, and no food or beverage service, period. Those are things that we can, that someone can observe and enforce, and we don't to quibble about whether somebody's a member or whether it was a ticketed event or whatever it was. So that's the kind of thing that I would support is limits on those types.

M: Commissioner Ross, do you have any comments? Because I hear you didn't. Commissioner Osteroff, you didn't enumerate how many events of this type you believe they should be allowed to have.

P: No, zero was my number...

M: No, no, should they be allowed to have 10 people on the roof 30 days a month or should ...

P: Well, I think that I would prefer that it just be weekdays, but I don't feel terribly strongly about that, I just want to make sure there's no food or beverage up there, that there's no, that it just can't be that many people gathering. That would be my focus.

M: Commissioner Ross, your comments?
G: I would tend to be a bit more lenient. I am operating off of Resolution 1927 and guess I would ask our own staff if 1 am correct in the following assumptions, that's the operative condition, am I correct? 1927 and that allows Spring Place to hold roof time operations until 10:00 p.m. seven days a week. Am I correct?
staff: Yes"
G: "Well, I'm in agreement that we should limit the number of events, the number of people, their hours should be shrunk, and that they should not have amplification or parties up there. Where I might be more lenient than you is just on the numbers, but we're not that far apart.

P: Give me your number and maybe we can split the difference.

G: Where are we on the number of events? Oh, no events, zero events, I agree with you. I would allow them to have 20 people on the roof at any particular time.

P: Well, you were at 15."
P: "The one thing that Mr. Egerman has said that I find a little persuasive is that its 6,000 square feet so maybe I can be a little more flexible in terms of the gross number of people. I really can't get involved in whether they're members, I think we have to have an absolute limit on the number people that are there at any given time and I can be persuaded to go above 20 people, 25 people, but not in any organized way but if the workers or, unfortunately, as far as I can tell is a very small minority of the total membership that actually has the right to use either an office or a desk and I may be wrong about that. I don't really care. What I thought we were getting was an office environment where almost everyone who was a member was either going to be somebody who had a dedicated office or at least a dedicated workspace and that would be my own concept of what was presented to begin with. So maybe there'd be a couple of the, 10% of the folks, would have some lesser rights than that but nothing like this. I don't mean to give a speech, but I'd be willing to say 20 to 25 people could go up there and I would also have no objections if they brought their own sandwiches or drinks up there but I'd like to limit the hours, certainly not until 10 at night. There's no need for that with a lunchroom. So if I could make a specific proposal, I would say that there's no food or beverage service there, but people can bring [food or drinks] if they get something down below and they want to bring a sandwich or a drink or both up that's ok and I would limit the number to say 25 people and at any one time. No more than 25 total and the hours would be maybe 9 to 7 or 9 to 8, something like that. That's where I would go.

M: Commissioner Ross do you want to comment on that?
G: Sure, we're getting very close. I agree with 9 to 8. I would, one category 7 of membership is like 450 members and the community member is 356. I would advocate for a larger number than you are given the space, it's quite large, and narrow their hours from 9 to 8 instead of 10:00 I would be comfortable with the number in the range of 30 to 45 from 9 to 8, no food service up there, although they can bring food up there from the first or second floor, whatever it is, and I would want to see them in 90 days, meaning they're coming back to us in 90 days akin to an Order to Show Cause regarding whether or not behaved ...

P: That may be a little short. There's notices and all kinds of things.

G: OK, I wanna see them back here in a time that's ...

P: I'll go with 30
G: 30 people?
P: Yeah
G: OK. And, so we're 15 people apart...

P: No, you said 30-45, I'm taking the 30
G: Um, and with a strict return date to see how they're doing. I want to give, I was impressed by Miss Kleinzhenz. I want to give, um Gaby Alexander has a fantastic reputation. I think they put a good team in place. I would like Mr. Toraldo to be back when they come back and be more informed, and I'd like to give them 90 days, if that's too short, I'm just gonna use that as shorthand, and see how they do ...

P: Say 6 months ...

G: Fine, 6 months and see how they do and what neighborhood complaints there are or aren't and evaluating at that time, I think we narrow their rights, give them some rights, and have them come back along the lines of perameters as we've discussed. I think we're 30 to 45 apart.

M: Thank you. Um, I'm gonna go with the 30. That's way beyond what I originally started with. In fact, it's double. It is a space that people to couple off, or whatever and do business or be by themselves or eat lunch or discuss things privately. I think that's fine, but bring your own drinks and food. No food service on the roof. The hours 9 to 8, but nothing less than a 6 month review. 6 months or 9 months. It takes time. Let's see how this works, and uh, I think we're all in agreement, so we've given direction to our staff. Are you satisfied with the ..."
8 As can be seen from the excepts, there was no discussion or consideration of restricting events in the co-working office premises to events that are "an ancillary function of the co-working office use" and prohibiting them if they are "not related to a commercial office use." Further, there was no discussion at all of eliminating the exemption to the requirement of valet parking during the pandemic.

C. The Requirement That an Event in the Co-working Office Space inside of the Buiidings Be "An Anciiiary Function of the Co-Working Office Use" and Prohibiting Events Inside of the Building If They Are "Not Related to a Commercial Office Use" is Beyond the Jurisdiction of the Planning Commission in That Those Events Have Nothing to Do with Regulation of the Rooftop Uses and Are Contrary to the BHMC.

The Resolution places a condition on the use of the building, i.e., events inside of the buildings are limited to those that are "an ancillary function of the co-working office use" and are barred inside of the buildings if they are "unrelated to a commercial office use." This restriction has no relationship to the rooftop uses of Spring Place and, therefore, exceeds the jurisdiction of the Planning Commission. Further, it is explicitly contrary to the uses allowed in a 0-3 zone.

D. The Terms "An Anciiiary Function of the Co-Working Office Use" And "Unrelated to a Commercial Office Use" Are Vague, Ambiguous, and Uninteiligibie.

The criteria of allowing events inside of the buildings only if they are "an ancillary function of the co-working office use" and banning all events inside of the buildings unless if they are "unrelated to a commercial office use" are vague, ambiguous, and unintelligible. It places Spring Place in the untenable position of having to determine whether an event is "an ancillary function of the co-working office use" and if the event is "unrelated to a commercial office use." Keep in mind that there are criminal penalties if Spring Place is found to violate the terms of the resolution. Literally, the language if narrowly construed bars all events inside of the buildings, but in broadly construed would allow any event inside of the buildings.

E. The Banning of Events Inside of the Buildings Is Designed to Destroy Spring Place as a Viable Business Entity.

As previously stated by Spring Place, its business model is to provide co-working office space on varies levels, foster interaction among its members and the exchange of ideas and concepts, and provide members with unique event experiences. The events hosted by Spring Place are designed to create memorable experiences for members and to cultivate connections to brands, publications, personalities, and cultural institutions. The requirement to allow events inside of the buildings only if they have "an ancillary function of the co-working office use" and to prohibit them if they are "unrelated to a commercial office use" undermines the ability of Spring Place to develop and maintain a viable business model. Events for members and guests are an integral part of Spring Place's business model. Spring Place invested millions of dollars to develop a state-ofthe-art environment for a co-working office space. To attract members, one of the key offerings is unique outstanding events for its members. To prohibit events, is to effectively destroy its business.

III.

CONCLUSION
For the foregoing reasons, it is respectively requested that the Resolution of the Planning Commission of May 26, 2022, be overturned and that no new restrictions be placed on Spring Place. Existing restrictions and limitations on, private clubs, noise, and entertainment outside of the business triangle are more than sufficient to protect the neighbors.

Dated: June 8, 2022
Egerman Law Group, LLP
By:.

Mark Egerman, Attorn^s for
Spring Place
10 % /
EXHIBIT "A"
11 Planning Commission
May 12,2022
1:42:11 start
P: In any event, we are here today to deal with the use of the rooftop. That's the only thing we have any jurisdiction over. I'm sure ...

M: Maybe we should move into deliberations. It sounds as if you're already ready.

P: that's where I am
M: you're already there and we have to catch up. I'm going got close the public hearing.

P: I thought that you did.

M: no, I didn't
P: Can I continue my speech?
M: No we didn't, but now that we did...

P: I wanna come to the point, which is, I think, thank you for setting me straight procedurally. I don't always know quite how to do that.

C: may I make a comment, is that permitted?
M: if you ask him a question, now that the public comment hearing is closed, commissioner Osteroff, do you have a question for him?
P: No, I don't have any questions for him
M: I think we're at the commissioner deliberations so we're going to continue in that vain.

P: I just wanna bring us into the precise issue in front of us, which is "what are we going to do about the rooftop?" are we going to change the conditions? I say yes. I think that it may be some day that the new leadership can earn our trust and confidence but it hasn't happened yet and we've seen the movie before and I don't want to go through it all again.

I wanna se if commissioner Ross ...

M: Commissioner Ross, do you want to comment on that? He's suggesting that we ...

P: Well, I haven't finished. Did you want to say anything? M: No
P: OK, I think what we have to take the findings to deal with and we have to craft something respecting the limitations on the use of the roof that are consistent with what the findings require and take into account the past history, I'm prepared to suggest some things, but Commissioner Ross, it looked like you wanted to raise an issue M: Commissioner Ross?
G: We're just doing public commentary and deliberations, yes? M: Yes
G: I'm very disappointed in what I've seen over the last two years. I am extremely disappointed with what has been alleged over the last three or four months since the new team has been put in place. You're all saying the right things since Mr. Toraldo took over in December of 2021, there are a number of alleged violations with the hiring of Ann in March 2022, subsequent allegations of violations, so when it comes to the rooftop I do share in large measure Commissioner Osteroff s concerns. I also am a believer in, because I'm newer to this than Commissioner Osteroff, in last chances. And in my mind, you are all on very very thin ice and I am open minded to a final warning double secret probation zero tolerance going forward. I am open minded to giving this new management team a last best chance going forward with a narrow permission to continue on the rooftop with stricter conditions, but I am disappointed in the presentation, not from you, Mr. Egerman, but from Mr. Toraldo who was eidier ill prepared or unwilhng to answer some of our questions. As CEO, he's here today and we asked him very specific questions that a hands on resident CEO operator should know about what types of people attended events that are under scrutiny right now, how much they were charged, so I don't know is an inadequate answer today because he knew what was on the table and what kind of questions we were asking, so I'm not ready to drop the hammer and shut down the roof, but I'm close, and I would only permit in my mind continued rooftop operations with very very short leash and have you evaluate them over the next 12 weeks, three months with a very very strict zero tolerance policy and any close calls in my mind will be construed against Spring Place. I'm very close to being with Commissioner Osteroff, on this, but I do have a sense that I'd like to give them one last best chance.

P: Can I be heard?
M: No, I like to say some things.

P: Can I just finish my thoughts on this?
M: OK, because, I have...

P: I'm not suggesting that we shut down the roof. I am suggesting that we have much stricter conditions and conditions that we can enforce. We can't enforce who is a member and who isn't. You guys change membership categories every day and you do whatever you want. So I think the limitations have to be in terms of the hours of use, the nature of the use, the number of people whether they're members, giraffes, whatever they may be, that's what 1 think we should do. So 1 wasn't suggesting that we close down the roof.

What 1 am suggesting is that there are very very strict limits on it that are enforceable.

And we are not going to have to quibble about who is a member and who isn't but we would limit it to a certain number, limit commission hours, not have food and beverage service, things of that nature. That's what 1 had in mind. Sorry to interrupt.

M: Thank you, 1 just wanted to give my opinion so that you heard, 1 think that Spring Place opened with a wonderful concept in mind, something we really need in this community, I've heard it said by some young people at some campaign events that they would like a coworking social place for younger people so 1 think that your initial concept and your presentation when 1 wasn't on the planning commission was a very good one. 1 think that you have repeatedly not only disregarded the regulations but you have blatantly gone ahead and continued in non compliance to everything that has been indicated including letters from the City and code enforcement. You've taken a lot of time also of our staff and our lawyers, etc. so my faith in your continuing or discontinuing the type of behavior that has been going on for several years is very very slight. However, 1 do not believe in last chances. You've had your last chances. You've had it again and again and again and again and we have pages of violations and pages of letters and pages of telephone calls and pages of different people who told you what is allowed and what is not allowed and you continued again and again with making promises that you would do this and do that and we haven't seen it. 1 know that you've changed your legal representation and that have also changed your administration and brought on new people and 1 think that's a good first step, but to the only way 1 would consider continuing any type of rooftop is to include the most stringent of regulations which would include the number of events that we would allow. That has to be limited. The times that they would be allowed. The nature of the events. The numbers of people involved. And 1 think as you said Commissioner Osteroff, it has to be enforceable. We have given you years and years and a again a lot of staff time, attorney time has been taken to try to help you to come back to compliance. So 1 will entertain some suggestions because we're supposed give staff some direction on allow the rooftop to continue under the strictest regulations possible. So would either of my fellow commissioners, oh! Commissioner Osteroff...

P: 1 am not sure whether, where 1 go between the two of you, but 1 will make some specific suggestion but 1 do think we need to have very very strict limits on the use of the roof and they have to be clearly enforceable. So 1 would not purport to talk about what categories of people but would talk about the number and my number would be 10. No more than 10 people. No events, but if people who work there want to go up on the roof, sit, talk, 1 would permit that for during the normal business hours 9-6 Monday through Friday. 1 could be persuaded to do it on Saturday but there is no events, no parties, no amplification, no microphones, no weddings, nothing, no more than 10 people at a time with a specific working hours like 9-6, something like that, and no food or beverage service, period. Those are things that we can, that someone can observe and enforce and we don't to quibble about whether somebody's a member or whether it was a ticketed event or whatever it was. So that's the kind of thing that I would support is limits on those types.

M: Commissioner Ross, do you have any comments? Because I hear you didn't.

Commissioner Osteroff, you didn't enumerate how many events of this type you believe they should be allowed to have.

P: No, zero was my number...

M: No, no, should they be allowed to have 10 people on the roof 30 days a month or should P: Well, I think that I would prefer that it just be weekdays, but I don't feel terribly strongly about that, I just want to make sure there's no food or beverage up there, that there's no, that it just can't be that many people gathering. That would be my focus.

M: Commissioner Ross, your comments?
G: I would tend to be a bit more lenient. I am operating off of Resolution 1927 and guess I would ask our own staff if I am correct in the following assumptions, that's the operative condition, am I correct? 1927 and that allows Spring Place to hold roof time operations until 10:00 p.m. seven days a week. Am I correct?
Staff: Yes
G: and that allows Spring Place to have their members bring 10 guests up per member.

Staff: I believe its 3 guests per member.

OS: There's 10 guests per member allowed inside the facility but a limit of 3 guests per member on the rooftop under the prior conditions.

G: So I'll ask my colleague, when you say 10 people on the roof maximum, would that be 10 members or do you care?
P: No, I don't care, because that is unenforceable. This >vill be the, you know, the St.

Patrick's day special membership, or whatever they have, they charge them $25 and now this person is a member. We can't distinguish and I don't want to get involved in it. I want to make it simple, that a City person can go and count how many people are there and not worry about whether they're members, or zebras, or whatever they might be.

G: Well, I'm in agreement that we should limit the number of events, the number of people, their hours should be shrunk, and that they should not have amplification or parties up there. Where I might be more lenient than you is just on the numbers, but we're not that far apart.

P: Give me your number and maybe we can split the difference.

G: Where are we on the number of events? Oh, no events, zero events, I agree with you. I would allow them to have 20 people on the roof at any particular time.

P: Well, you were at 15.

G: I would shrink their hours to 10:00 p.m. under their behaviors is too late. I would let them be up there until 8:00 p.m. And I personally would allow them to serve food and drinks up there. I'd probably get out voted, but that's just how I would vote P: I won't vote for that.

M: OK I'm going to propose then a modification, I'll go between the two of you. I lean towards the 10 but because you are suggesting 20, I'll suggest no more than 15 people.

Period. Up on the roof. I think that to give them some evening I would allow 9-8:00 p.m. but I would not allow food and beverage. They can go up there and talk, do whatever they'd like to do, discuss, but I think we have to be a little bit pimitive in terms of what they are doing. I think that's manageable, no events, no amplification, etc. and I think that would work for me.

G: May I ask Mr. Egerman a question?
M: Yeah
G: I know that you and your client are probably not happy with any of this, but in terms of the topics that we're discussing, how important is your ability to serve food and beverage on the rooftop?
ME: Well, it is obviously an amenity, but let me simply point out that the rooftop area, I believe, is 6,000 square feet. A no event limitation is what is says: no events on the rooftop. To say that members or employees are limited to 10, 15 or 20, as Christian's lawyer, I would probably advise him to simply close the rooftop rather than risk the violations so that is effectively what you're doing.

M: But you've not answered the question. I'm sorry. The Commissioner asked you a question about food and drink. You haven't answered. We went off on a tangent.

ME: I would divide food and drink into two categories and I would request you to clarify this issue. Does no food and drink mean that the service staff cannot bring food and drink up, or does it mean that someone who buys a drink at the bar cannot walk up the stairs to the rooftop with it, because it's a different enforcement issue that we have to know the answer to. Did that answer the question?
M: Now I'll give it back to Commissioner
G: The existing circumstances at Spring Place sells food on the rooftop? ME: 1 believe they can order food and drink that will be brought up to them by staff.

G: Got it. Now to get to the food. Narrowing it to the food. How important is that to the operations of Spring Place?
ME: Well if there's only going to be 10-15 people 1 don't think it's going to be very important.

G: How many people are on that rooftop typically on Monday through Thursday between 6 and 10?
ME: Every time I've been there there have not been many people. 1 think what you're doing is effectively eliminating the rooftop as a viable component of their business, once you eliminate and disallow any event.

G: That's the difficult part of what we might be doing, we haven't done anything yet. It's the events. It's not just the causal meeting that takes place on the roof that populates the roof, it's the events that is the important component and the difficult part of what we're considering. Am 1 correct?
ME: that is correct.

M: Thank you. Commissioner Osteroff?
P: Unfortunately what we've seen is gross abuse of that permission. We simply ... consistent with the findings that we have to make, we couldn't, in my view, it would be imprincipled of us to allow that to occur again and so when 1 talk about a number of people, its just one or two go up and talk and whatever it is, but never more than N number on the roof at any given time. Whether, 1 don't want to get involved in whether somebody could bring a drink up or a cup of coffee or something like that, my restriction that there be no service up there so that a couple of people wanted to walk up there with a cup of coffee, nobody's going to take it out of their hands. It's just not a place that we can, with any good conscious, allow, given what's going on in the past. 1 don't share that notion that there's anything punitive about this. This is taking the findings that we have and applying them to this particular operation given what has gone before. And like 1 said, the world did not start in March, it didn't start in January, we've been going with this for a long time, and it circumstances change, there's a little more inflation and "oh my goodness, business isn't so good, we've gotta do something, and we'll ignore the conditions." We can't do that again. We just can't do it.

ME: You could require for any event involving X number of people that there be a code compliant officer present.

P: There's a lot of things we could do, but 1 think we're past that point, Mark. 1 think that, and 1 do have the disappointment that no one but the applicant has chosen to address what has to be paramount in our lives which is that we have been consistently misled by this enterprise. I'm not pointing the finger at Mr. Toraldo, but he didn't change things when he was told to cease and desist, it didn't happen, and so 1 don't, but even if you did, we just, next month is then and this is now and we just, how can we have any confidence that whatever things we allow will not be abused as they have been abused consistently and materially in a way that really did a bad thing for our City that you were mayor of...

M: This is not a discussion. I'm going to stop it now. You've already said your piece. We need to come to some conclusions here.

G: 1 have another question or two. 1 think ?? Had a question:

R: 1 just wanted to add one clarification because 1 think it sort of, the conversation about events, the commission is somewhat constrained by the code regardless of what Mr.

Egerman may or may not be asking for. The way that this rooftop was originally permitted the section of the code that it relies on is the rooftop lunchroom provision which allows for rooftop lunchrooms but also includes sort of ancillary outdoor events that go along with this and that the only way the events have been permitted through the prior resolutions is because it was understood that these were occasional events and they there for the folks who were the co-working members, the were essentially office workers within the building and that was a component of the feature available to them. There is not an ability in the code even to use this as a venue for outside events where you're hosting things which is frankly why that's written into the conditions already to begin with, so there's really nothing the code to allow for outside events on this rooftop.

M: Very helpful. Thank you.

G: So they're not allowed to have any events on the rooftop.

M: Correct.

R: Well, with the exception of those events that are specific for the coworking members of the club because that was viewed as an ancillary component of the office use. It was never intended to be something that could turn into an event venue.

G: So, when we speak of events and we speak of Spring Place, we're speaking of member only events.

R: that is essentially the only types of events that could be hosted ...

P: I thought you said co-worker?
R: Co-workers are the members, essentially.

P: We can't get into a situation where we are quibbling over whether someone is a bonafide member, we just can't get into that. Whether people could take their lunch up there, I don't feel strongly about that. But I'm not, more confused now than I was before about what you're suggesting we can't limit in that way?
R: No, I'm not sure what Mr. Egerman was asking for the ability to do events. I don't know what types of events he was referring to, all I'm suggesting is that the idea of outside events and basically renting the rooftop out as a venue or outside events to take place, that's something that the code doesn't even allow. If Spring Place wants to say "hey, we're going to bring in Depok Shopra to do some sort of event with our members," then that's just an amenity that they're offering to the members, that's fine. That's what was intended with the original conditions, but if he's coming in and they're doing a ticketed event or something like that there where it's hey bring whoever you want, that is not what was intended with the conditions.

M: so what we're trying to do is figure out conditions that we can give direction to staff to put into to make a, to come back with, and that's what we're discussing right now. So we have on the table several different suggestions.

G: one last question, Mr. Egerman, may I?
M: Yeah
G: when you said that shutting down your events is tantamount to shutting down the rooftop, did I understand you correctly?
ME: I think I was referring to the fact that if you say no more than 10,15 or 20 members at any one time could be on the rooftop it will probably be my legal advice to shut it down because the risk of a violation from my prospective is greater than any amenity to a very small number of people having access to 6,000 square feet of space and it would also require them dedicating personnel to continue to monitor this as a practical matter it just doesn't work. That's what I'm saying.

P: You're a wonderful lawyer, you can give whatever advice you want to give and that may be your advice, that's fine, that's a business decision for you to make. We have to deal widi the City, the residents, the findings and try to apply them here in a way that is consistent with everything that you have seen.

G: I'm sorry I'm still confused. I heard you speaking in terms of events and I heard you say something like if we blocked Spring Place from having events, correct me if I'm wrong, that's the equivalent of rendering the rooftop useless as a practical matter. Did I misunderstand you? What were you referring to when you said events. I'm trying here.

I'm trying to find something that might work for you guys.

ME: No, I appreciate that. I am referring to a member or group of members getting together for an event on the rooftop with the possibility that under current regulations which may change momentarily, bring three guests with them. And I am also referring generally to the absolute limitation to the number of people which would be members and employees being limited to 10,15, or 20 in a space that is 6,000 square feet.

M: I just wanted to remind every to what Mr. Gohlich told us, the purpose of the rooftop in approving it was a Ixmch time area where people could bring food up, no service and it was not designed, if I'm correctly interpreting what you said, it was for lunch time employee or coworker use.

R: You are generally correct. It's considered a lunch room under the code. However, it doesn't mean that it's only during lunch hours, that's just the terminology. The condition has defined the hours for this particular user and we have other rooftop lunch areas in the city where the commission has imposed hours based on potential impacts and things like that, but yes it is intended as a space for the members to utilize as an ancillary space to the office environment. We have allowed them to provide drink service, again as an ancillary and then you can go up to the rooftop to do some work, or take a meeting up there and have some food provided. But again it was not intended and the code does not provide for it to become an event venue working or renting it out. Go back and give another example: let's say Spring Place has some connection with Elon Musk and they say hey we're gonna bring in Elon Musk, he's goima give a talk on the rooftop, come and members, if you want to bring three guests you can come do that. That would be allowed the way the conditions are currently written because again that's a minor ancillary thing it's not a recurring event venue, but that would also be a situation where they couldn't charge the members to participate in that, it's really just an offering they're providing as prograimning for the membership.

M: Thank you for the explanation, do you want to start by giving some suggestions and we'll see how it goes?
P: The one thing that Mr. Egerman has said that I find a little persuasive is that its 6,000 square feet so maybe I can be a little more flexible in terms of the gross number of people. I really can't get involved in whether they're members, I think we have to have an absolute limit on the number people that are there at any given time and I can be persuaded to go above 20 people, 25 people but not in any organized way but if the workers or, unfortunately, as far as I can tell is a very small minority of the total membership that actually has the right to use either an office or a desk and I may be wrong about that, I don't really care, what I thought we were getting was an office environment where almost everyone who was a member was either going to be somebody who had a dedicated office or at least a dedicated workspace and that would be my own concept of what was presented to begin with so maybe there'd be a couple of the 10% of the folks would have some lesser rights than that but nothing like this, I don't mean to give a speech but I'd be willing to say 20 to 25 people could go up there and I would also have no objections if they brought their own sandwiches or drinks up there but I'd like to limit the hours, certainly not until 10 at night, there's no need for that with a lunchroom.

So if I could make a specific proposal I would say that there's no food or beverage service there but people can bring if they get something down below and they want to bring a sandwich or a drink or both up that's Ok and I would limited the number of say 25 people and at any one time no more llian 25 total and the hours would be maybe 9 to 7 or 9 to 8, something like that. That's where I would go.

M: Commissioner Ross do you want to conunent on that?
G: Sure, we're getting very close. I agree with 9 to 8. I would, one category of membership is like 450 members and the community member is 356. I would advocate for a larger number than you are given the space, it's quite large, and narrow their hours from 9 to 8 instead of 10:001 would be comfortable with the number in the range of 30 to 45 from 9 to 8, no food service up there, although they can bring food up there from the first or second floor, whatever it is, and I would want to see them in 90 days, meaning they're coming back to us in 90 days akin to an Order to Show Cause regarding whether or not behaved...

P: that may be a little short. There's notices and all kinds of things. 0: OK, I wanna see them back here in a time that's ...

P: I'll go with 30
G: 30 people?
10 P: Yeah
G: OK. And, so we're 15 people apart...

P: No, you said 30-45, I'm taking the 30
G: Um, and with a strict return date to see how they're doing. I want to give, I was impressed by Miss Kleinzhenz, I want to give, um Gaby Alexander has a fantastic reputation, I think they put a good team in place. I would like Mr. Toraldo to be back when they come back and be more informed, and I'd like to give them 90 days, if that's too short, I'm just gonna use that as shorthand, and see how they do ...

P; Say 6 months...

G: Fine, 6 months and see how they do and what neighborhood complaints there are or aren't and evaulating at that time, I think we narrow their rights, give them some rights and have them come back along the lines of perameters as we've discussed. I think we're 30 to 45 apart.

M: Thank you. Um, I'm gonna go with the 30. That's way beyond what I originally started with, in fact it's double. It is a space that people to couple off, or whatever and do business or be by themselves or eat lunch or discuss things privately, I think that's fine, but bring your own drinks and food, no food service on the roof. The hours 9 to 8 but nothing less than a 6 month review. 6 months or 9 months. It takes time. Let's see how this works, and uh, I think we're all in agreement so we've given direction to our staff.

Are you satisfied with the...

Staff: So we have the direction we need for a resolution, I just ask that you continue the item, ask Staff to return to a date certain. May 26^ is the next planning commission meeting, so if you tell us that it's already been noticed, we wouldn't have to wait to renotice it or renotice it.

M: So, you have your direction and we're going to ask you to return to a date certain of May 26* with a resolution and we appreciate the cooperation of everybody and look forward to seeing you back then.

ME: thank you for your time. I take it that none of my principals need to be present on May 26?
P: It's up to you.

ME: Well, alright. It was my understanding that what happens on May 26* is that the formal resolution will be brought back to you by staff for adoption, correct? 11 DS: Yes, madam chair, at first I would say leave it to Mr. Egerman and his team to decide who should be here when the resolution is presented to the commission for consideration, and I suggest that the commission take a motion and formally continue the matter until that meeting on May 26*.

M: Ok, thank you, so we're going to accept the motion
P: I would vote that we return on May 26* with the thread of resolution that is consistent with what we said, I'm not entirely clear whether it was unanimous as to 30 or whether we have. Commissioner Ross, are you OK with the 30?
G: May I ask Mr. Egerman one more question on that topic? Because I'm trying to get close with what we're doing here. I'd like to hear from you an argument, or from Mr. Toraldo an argument to persuade us to 30 or 45
ME: Sure, I believe that the events that concern the commission and the community that occurred on the roof could not be replicated under the resolution you will pass on May 26*. Given that situation, what we're really dealing with is whether members have an added amenity and flexibility to use, it's a fabulous area, by the way, it's a wonderful area, this area on the roof that is 6,000 square feet. Certainly 6,000 square feet can accommodate 45 people that are either lunch chatting or on their computer. I think you pretty well nailed down extremely hard what you are concerned with and did not like which are event type of activities that cannot now happen. So it is simply a question of if there is a desire of members and we're in Southern California so most of the days are very pleasant and sunny, to use the roof in a way that has no impact on anyone, frankly, given the conditions you've set, other than a punitive measure, is there a reason to limit, so I think 45 people is a rather severe limitation in itself for 6,000 square feet, but again, what my client will have to concentrate on is enhancing the experience of the members and building that membership because it's such a pleasant, desirable place to be. And so to the extent you take one component, which is in may the most desirable place to be, and severely limit it, it has an impact that in my view in punitive and does not in fact accomplish what you have already accomplished regardless of what number you put on it.

M: Yeah, I just wanted to say I will not go above 30, so if my colleagues do there's going to be a split vote and it's not going to go forward amicably. So, make a decision.

G: I think we're splitting hairs here. Between local members and resident members you have 71 members. So 30 of them can use the rooftop, I think that's probably OK, so yes, I would go with that, I would do more, but I'm OK with that.

M: OK so we have a motion.

RG: The one question I wanted to ask and maybe it was intentionally not included but there 12 wasn't any conversation in having any kind of penalty structure or any kind of deposit for fees or anything like that, it was just something we had in the report here P: I think that those, I didn't really support those, I don't think they're necessaiy under these circumstances. I think it's pretty clear that the penalty if somehow, I mean, I think this is a, what I wanted was something that's self-executing and easy to enforce. I think we have it and I don't think we need anything more in terms of a specific penalty but I appreciate the...

M: So we have a motion to continue to May 26^. We have a second, commisioner Ross? G: I'll second that.

M: May we have a vote, please?
Staff: and just to clarify, Commissioner Ostroff, that was continuing to May 26^ with the direction to staff to prepare a resolution memorializing findings, correct? P: Correct.

Staff: Thank you. Commissioner Ross?
G: Yes.

Staff: Mr. Ostroff?
P: Yes.

Staff: Acting Chair Demeter?
M: Yes. Motion passes. Thank you.

Ends. 2:26:53
13 CITY OF BEVERLY HILLS
Cashiering Govolutlon MID
455 N. REXFORD DR
BEVERLY HILLS, OA 90210
33347867-0008 Francisco 06/08/2022 04:11PM

CASH RECEIPTS
2022 Item: 3970

1.0 1 5,958.00 5,958.00
5,958.00
Subtotal 5,958.00
Total 5,958.00
CHECK 5,958.00
Check NumberO14048
Change due 0.00
Paid by: Egerman
Thank you for your payment.

CUSTOMER COPY
Attachment 2
Letter from Appellant dated 11-8-2022

Attachment 3
Planning Commission Resolution No.
1985
RESOLUTION NO.

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF BEVERLY HILLS CONDITIONALLY APPROVING

AN AMENDMENT TO A DEVELOPMENT PLAN REVIEW

FOR ROOFTOP USES AND STRUCTURES FOR THE
PROPERTIES LOCATED AT 9800 WILSHIRE BOULEVARD
AND 121 SPALDING DRIVE (PL2200044)
The Planning Commission of the City of Beverly Hills hereby finds, resolves, and determines as follows:

Section 1. On May 24, 2018, Spring Place received an approval for an amendment to a
located at 9800 Wilshire Boulevard and 121 . The Project Site contains two buildings connected by an existing bridge structure. The approval permitted food and beverage service on the rooftops of both buildings on the Project Site, and allowed up to three guests (per club member) to utilize the rooftop facilities during the proposed hours of operation from 8:00 AM to 10:00 PM, Monday to Friday, and 9:00 AM to 10:00 PM, Saturday to Sunday, in conjunction with a proposed co-working office use. The co-working office use currently operates as a private club, with membership providing access to the shared amenities and office space. The existing rooftop is currently improved with unenclosed architectural features (shade canopies), restroom facilities, moveable tables and chairs, radiant heaters, a counter and sink structure, and rooftop useable deck area.

Section 2. On June 13, 2019, the Planning Commission considered a request for a Zone Text Amendment and Development Plan Review Amendment to permit rooftop music 2 uses and up to 10 guests per member to utilize the rooftop facilities. At this hearing, neighbors from the adjacent residential area expressed concerns regarding the impacts being caused by the operations of Spring Place, including impacts related to noise, parking, and the frequency of events in the evening hours. As a result, the Commission directed staff to prepare a resolution for the denial of the requested entitlements, and to return at a future study session with an informational report on the operations of Spring Place. On October 24, 2019, the Commission reviewed the operations of Spring Place, and discussed the operational plan prepared by Spring Place to mitigate Spring Place took, and directed staff to return within approximately one year to review Spring stated valet operations. At the November 12, 2020 meeting, the Planning Commission modified Condition Nos. 10 and 13 of the approved Development Plan Review to require free valet parking services for employees and members of Spring Place, and guests arriving after 6:00 PM, and to require that members file a business tax registration with the Finance Department (if applicable to their business). The resolution adopted at the November 12, 2020 meeting was Planning Commission Resolution No. 1927.

Section 3. At its January 13, 2022 meeting, the Planning Commission requested that staff return with a report on the recent operations of Spring Place as a result of receiving complaints from members of the public related to adverse impacts on the surrounding neighborhood. On April 28, 2022, a review of Spring Place was added to the agenda, and continued to the May 12, 2022 hearing due to time constraints. At the May 12, 2022 hearing, the Planning Commission received a report detailing the recent operations of Spring Place, including several actions that constituted violations of the conditions of approval of the DPR resolution controlling 3 the use of the rooftop facilities at that time. These violations were related to the use of the facilities for events that were not exclusively for the co-working members of the club, and/or the rental of the facilities for events hosted by third parties or individuals who were not members of the coworking office use. The Planning Commission also received testimony from Spring Place and their representatives and members of the public. The comments from members of the public detailed the adverse impacts that neighbors residing in close proximity to the Project Site have been traffic,
parking, noise, and disturbances to the peaceful enjoyment of residential properties. At the conclusion of their deliberations, the Commission directed staff to return at the May 26, 2022 meeting with an amended resolution reflecting their findings and the requested changes to the conditions of approval that regulate the use of the rooftop facilities at the Project Site.

Section 4. The Project has been environmentally reviewed pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.), and CEQA Guidelines Section 15301 (Class 1), which is applicable to projects involving the operation, repair, maintenance, leasing, or minor alteration of existing public or private structures, or facilities, involving negligible or no expansion of existing or former use. The Project involves minor operational changes within an existing private facility. Therefore, the Planning Commission hereby finds the Project exempt from further review under the provisions of CEQA. 4 Section 4. Notice of the Project and the public hearing was mailed on April 8, 2022 to all property owners and residential occupants within a 500-foot radius plus block face of the property; an on-site notice was posted on the Project Site on April 8, 2022. A newspaper notice was also published in two newspapers of local circulation, the Beverly Hills Courier and the Beverly Hills Weekly, on April 8, 2022, and April 14, 2022, respectively. On May 12, 2022, and May 26, 2022, the Planning Commission considered the application at a duly noticed public meeting. Evidence, both written and oral, was presented at said meetings.

Section 5. In considering the request for an amendment to a Development Plan Review, the Planning Commission considered whether it could make the following findings in support of the Project:

1. The proposed plan is consistent with the general plan and any specific plans adopted for the area;

2. The proposed plan will not adversely affect existing and anticipated development in the vicinity and will promote harmonious development of the area;

3. The nature, configuration, location, density, height, and manner of operation of any commercial development proposed by the plan will not significantly and adversely interfere with the use and enjoyment of residential properties in the vicinity of the subject property;

4. The proposed plan will not create any significantly adverse traffic impacts, traffic safety hazards, pedestrian-vehicle conflicts, or pedestrian safety hazards; and
5 5. The proposed plan will not be detrimental to the public health, safety, or general welfare.

Section 6. Based on the foregoing, the Planning Commission hereby finds and determines as follows with respect to the Development Plan Review:

1. The Project will allow the continued operation of rooftop uses in conjunction with a co-working office use that complies with all applicable goals and policies set forth in the general plan. The Project will promote continued economic vitality and will support desirable uses that generate additional jobs and revenue in the area. The Project Site is not located within a specific plan area;

2. The Project will modify the conditions of operation for the rooftop uses on the Project Site, which currently operate as an ancillary component of the co-working office use. The proposed modifications will contribute to the harmonious development of the area by memorializing stricter limits for the use of the rooftop, with respect to the maximum number of people, types of activities, and hours of use, which will help ensure greater compatibility with adjacent residential uses. In addition, the revised conditions require that the operations of Spring Place are reviewed again at a future Planning Commission hearing, approximately nine months from the date of this resolution, in order to ensure ongoing compliance with the conditions of approval and mitigation of any adverse impacts identified. With the modified and additional conditions herein, the proposed plan will not adversely affect existing and anticipated development in the vicinity;
6 3. The Project Site is located within the Commercial-Residential Transition Area, with the nearest residentially zoned properties located approximately 100 feet from the Project Site. Spring Place complies with the applicable Commercial-Residential Transition requirements for operations, development, landscaping, and hours of operation.

The Project Site contains rooftop uses associated with a co-working office that are consistent with the applicable zoning and general plan designations. Spring Place will continue to operate in compliance with City standards designed to mitigate the impacts of commercial uses in proximity to residential uses, and the conditions of approval. Such conditions have been modified to restrict the rooftop operations to further mitigate identified impacts to surrounding uses, and as a result, the Project is not anticipated to significantly and adversely interfere with the use and enjoyment of residential properties in the vicinity of the subject property;

4. The Project will not materially alter the current use of the existing lunchroom rooftop facilities as an amenity for members and their guests of the co-working office use, and will add restrictions to ensure that this area only functions as an ancillary component of such commercial office use. The existing rooftop amenities supplement the existing commercial office uses, and the Project will limit the use of the rooftops (with respect to the number of people, hours of use, and types of activities) to prevent adverse noise and operational impacts to the surrounding residential area and uses. Because the Project will only be permitted to operate in a more limited capacity, and will not intensify the use or alter the physical development pattern of the Project Site, the Project will not result in any significantly adverse traffic or safety hazards; 7 5. The Project consists of the operation of ancillary rooftop amenities that support a high quality co-working office use. The co-working office use and ancillary rooftop facilities will operate in compliance with all Municipal Code standards related to the public health, safety, and general welfare. In addition, the Project has been conditioned to restrict the use of the rooftop facilities in order to mitigate and/or eliminate adverse impacts to members of the public and surrounding residential areas. As conditioned under the modifications herein, the proposed uses and physical improvements associated with the Project will not adversely affect the public health, safety, and general welfare.

Section 7. Based on the foregoing, the Planning Commission hereby grants the requested Development Plan Review amendment. The following conditions set forth in this resolution incorporate all applicable conditions previously imposed on the rooftop areas of the Project Site pursuant to Planning Commission Resolution Nos. 1683, 1846, and 1927, and delete or modify conditions that are no longer applicable. Therefore, this resolution and the conditions set forth herein shall supersede Planning Commission Resolution Nos. 1683, 1846, and 1927. The Project is subject to the following conditions:

1. Unless otherwise approved herein, all conditions of approval set forth in Planning Commission Resolution No. 1647, and City Council Resolution No. 12-R-12890 shall remain in full force and effect. If the conditions in this resolution conflict with any of the conditions in Resolution Nos. 1647 or 12-R12890, then the more restrictive condition shall apply. 8 2. With the exception of maintenance activities, rooftop access shall be prohibited within 30 feet of the south property line of the building located at 121 Spalding Drive. Landscaping shall be permitted within this area.

3. The outdoor rooftop areas shall be restricted to use only by a maximum of thirty (30) people, including members and guests of members, at any time and only between the hours of 9:00 AM to 6:00 PM. Spring Place co-working office members may each bring up to three guests of each member to an outdoor rooftop area at any one time. The outdoor rooftop areas may not be accessed by members, guests or staff thereafter between the hours of 6:00 PM to 9:00 AM on the following day. No events or organized activities may take place on the rooftop. For the purpose of this resolution an event or organized activity shall mean any preplanned gathering of people for any purpose except for those activities consistent with a rooftop office lunchroom; for example, as a space for the enjoyment of the outdoors while working or during a break from work, or a space to meet and talk with co-workers or colleagues. In the event that the Director of Community Development determines that the use of the rooftop is resulting in unanticipated impacts, the Director shall have the authority to impose additional conditions on the use of the outdoor rooftop areas, and may, at his/her discretion, schedule a public hearing before the Planning Commission to assess the impacts and impose additional conditions. In the event that the Project is found to result in any unanticipated impacts and a hearing is scheduled to review the Project, the full cost of the review hearing and implementation of any additional conditions or mitigations measures shall be paid for by the Applicant.
9 4. Food and beverage service is prohibited on the rooftop of the Project Site. Notwithstanding the foregoing, members or guests of members utilizing the rooftop facilities may consume food or drink on the rooftop, but shall not be able to order food or drink on the rooftop from employees of Spring Place or any other food and beverage service provider, including third party companies.

5. The co-working offices and the ancillary rooftop uses shall operate at all times in compliance with requirements for Private Clubs enumerated in Title 4, Chapter 2, Article 2 of the Municipal Code. At no time shall ancillary uses be permitted within the co-working offices that are prohibited in the C-3 Zone pursuant to BHMC §10-3-1603, or permitted by a conditional use permit in the C-3 Zone pursuant to BHMC §10-3-1604. Any events or activities occurring within the coworking office premises must be an ancillary function of the co-working office use, and may only be accessible to co-working members and their guests. It shall be considered a violation of this condition to host any events unrelated to a commercial office use, or to allow a third-party to host an event within the facilities. Examples of events that are not related to a commercial office use include, but are not limited to: weddings, bar/bat mitzvahs, engagement parties, birthday parties, fundraisers, and other similar events.

6. Exterior lighting intended to illuminate the rooftop areas or structures shall be subject to Architectural Review. The Director of Community Development or his/her designee shall serve as the reviewing authority for any such exterior lighting request, and may, at his/her discretion, forward requests to the Architectural Commission for consideration. Exterior lighting currently provided 10 and affixed to the rooftop canopy structure shall be maintained, and shielded and oriented so that it does not illuminate areas beyond the bounds of the Project Site or towards residential uses.

7. The Project shall operate at all times in compliance with the operational requirements for commercial-residential transition areas enumerated in Title 10, Chapter 3, Article 19.5 of the Municipal Code.

8. The Project shall operate at all times in compliance with requirements for Noise Regulation enumerated in Title 5, Chapter 1 of the Municipal Code.

9. Any entertainment, live entertainment, live musical accompaniment to dining, or prerecorded music shall operate at all times in compliance with the requirements for Entertainment Outside the Business Triangle enumerated in Title 10, Chapter 3, Article 27 of the Municipal Code. No speakers or other amplified sound transmission equipment are permitted on the rooftop.

10. The Applicant shall maintain 134 parking spaces on site at all times, and shall provide free valet parking services for members and employees of Spring Place, Monday to Friday, during the hours of operation. In addition, free valet parking services shall be provided for guests of Spring Place members, Monday to Friday, from 6:00 PM to the close of the facilities.

11. All landscaping shall be maintained in good condition and in conformance with the Title 10, Chapter 3, Article 30 of the Municipal Code at all times.
11 12. The Planning Commission reserves jurisdiction relative to traffic, parking, loading, and noise issues and the right to impose additional conditions as necessary to mitigate any other unanticipated impacts caused by the proposed Project as they arise. In the event that the Project is found to result in any unanticipated impacts and a hearing is scheduled to review the Project, the full cost of the review hearing and implementation of any additional conditions or mitigations measures shall be paid for by the Applicant.

13. Each member of Spring Place shall comply with the Business Tax Registration requirements set forth in Title 3, Chapter 1, Article 2 of the Municipal Code, if applicable. Spring Place shall inform all of its members of this requirement upon becoming a member of the co-working offices.

14. The conditions set forth in this resolution are intended to prevent adverse impacts to the surrounding neighborhood and ensure that operations are consistent with an office-type use. Therefore no special event permit issued pursuant to BHMC §4-8-3 shall be granted for the purpose of circumventing any of the conditions set forth herein.

15. The Planning Commission shall review the operations of Spring Place at the Project Site in approximately twelve months from the date of adoption of this resolution. The full cost of such review hearing and implementation of any additional conditions or mitigations measures shall be paid for by the Applicant.

16. EXPIRATION. Development Plan Review: The exercise of rights granted in such approval shall be commenced within three (3) years after the adoption of such resolution.
12 17. APPEAL. Decisions of the Planning Commission may be appealed to the City Council within fourteen (14) days of the Planning Commission action by filing a written appeal with the City Clerk. Appeal forms are available in the City (10) days of the Planning Commission Action. An appeal fee is required.

18. RECORDATION. This Resolution approving the Development Plan Review shall become effective immediately. The owner of the Project site shall record a covenant or other similar instrument, satisfactory in form and content to the City Attorney, accepting the conditions of approval set forth in this resolution. The covenant shall include a copy of the resolution as an exhibit. The Applicant shall deliver the executed covenant to the Department of Community Development within 180 days of the Planning Commission decision. At the time that the Applicant delivers the covenant to the City, the Applicant shall also provide the City with all fees necessary to record the document with the County Recorder. If the Applicant fails to deliver the executed covenant within the required 180 days, this resolution approving the Project shall be null and void and of no further effect.

Notwithstanding the foregoing, the Director of Community Development may, upon a written request by the Applicant, submitted prior to the expiration of the 180-day period, grant a written extension of the 180-day time limit for a period of no more than 180 days if, at the time of the request, the Director determines that there have been no substantial changes to any federal, state, or local law that would affect the Project. Regardless of the timelines set forth in this condition, in no event shall a building permit be issued prior to the recordation of the covenant. 13 19. VIOLATION OF CONDITIONS: A violation of any of these conditions of approval may result in a termination of the entitlements granted herein.

20. This approval is for those plans submitted to the Planning Commission on May 24, 2018, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval.

21. Minor amendments to the plans shall be subject to approval by the Director of Community Development. A significant change to the approved Project shall be subject to Planning Commission Review. Construction shall be in conformance with the plans approved herein or as modified by the Planning Commission or Director of Community Development.

22. Project Plans are subject to compliance with all applicable zoning regulations, except as may be expressly modified herein. Project plans shall be subject to a complete Code Compliance review when building plans are submitted for plan check. Compliance with all applicable Municipal Code and General Plan Policies is required prior to the issuance of a building permit.

23. Prior to the issuance of a building permit, all applicable Park and Recreation Facilities Tax required by the Municipal Code shall be paid.

24. APPROVAL RUNS WITH LAND. These conditions shall run with the land and shall remain in full force for the duration of the life of the Project.

25. The Project shall operate at all times in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking, or other actions.
14 Section 8. The Secretary of the Planning Commission shall certify to the passage, approval, and adoption of this resolution, and shall cause this resolution and his/her Certification to be entered in the Book of Resolutions of the Planning Commission of the City.

Adopted:

Chair of the Planning Commission of
the City of Beverly Hills
Attest:

Timothea Tway, AICP
Secretary of the Planning Commission
Approved as to form: Approved as to content:

David M. Snow Timothea Tway, AICP
Assistant City Attorney City Planner

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.

CITY OF BEVERLY HILLS )
I, KAREN MYRON, Recording Secretary of the Planning Commission of the City of Beverly Hills, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. 1985 duly passed, approved and adopted by the Planning Commission of said City at a meeting of said Commission on May 26, 2022, and thereafter duly signed by the Secretary of the Planning Commission, as indicated; and that the Planning Commission of the City consists of five (5) members and said Resolution was passed by the following vote of said Commission, to wit:

AYES: Commissioners Ross, Ostroff, Acting Chair Demeter NOES: None
ABSTAIN: None
ABSENT: None
RECUSED: Vice Chair Hudnut, Chair Licht
________________________________

KAREN MYRON
Recording Secretary of the
Planning Commission
City of Beverly Hills, California

Attachment 4
Planning Commission Resolution No.
1927
RESOLUTION NO. 1927

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF BEVERLY HILLS CONDITIONALLY APPROVING

AN AMENDMENT TO A DEVELOPMENT PLAN REVIEW

FOR ROOFTOP USES AND STRUCTURES FOR THE
PROPERTIES LOCATED AT 9800 WILSHIRE BOULEVARD
AND 121 SPALDING DRIVE (PL1801737)
The Planning Commission of the City of Beverly Hills hereby finds, resolves, and determines as follows:

Section 1. On May 24, 2018, Spring Place received an approval for an amendment to a Development Plan Review (“DPR”) for rooftop uses and structures (the “Project”) located at 9800 Wilshire Boulevard and 121 Spalding Drive (the “Project Site”). The Project Site contains two buildings connected by an existing bridge structure. The approval permitted food and beverage service on the rooftops of both buildings on the Project Site, and allowed up to three guests (per club member) to utilize the rooftop facilities during the proposed hours of operation from 8:00 AM to 10:00 PM, Monday to Friday, and 9:00 AM to 10:00 PM, Saturday to Sunday, in conjunction with a proposed co-working office use. The co-working office use currently operates as a private club, with membership providing access to the shared amenities and office space. The existing rooftop is currently improved with unenclosed architectural features (shade canopies), restroom facilities, moveable tables and chairs, radiant heaters, a counter and sink structure, and rooftop useable deck area.

Section 2. On June 13, 2019, the Planning Commission considered a request for a Zone Text Amendment and Development Plan Review Amendment to permit rooftop music 1 DocuSign Envelope ID: 2D050AE0-93EA-48C8-A65D-F07773A37C7F uses and up to 10 guests per member to utilize the rooftop facilities. At this hearing, neighbors from the adjacent residential area expressed concerns regarding the impacts being caused by the operations of Spring Place, including impacts related to noise, parking, and the frequency of events in the evening hours. As a result, the Commission directed staff to prepare a resolution for the denial of the requested entitlements, and to return at a future study session with an informational report on the operations of Spring Place. On October 24, 2019, the Commission reviewed the operations of Spring Place, and discussed the operational plan prepared by Spring Place to mitigate neighbors’ concerns. At this meeting, the Commission expressed satisfaction regarding the actions Spring Place took, and directed staff to return within approximately one year to review Spring Place’s operations, and to bring the applicable conditions of approval into consistency with their stated valet operations. As a result, this resolution modifies Condition Nos. 10 and 13 of the approved Development Plan Review. The modified requirements are summarized as follows:
 Free valet parking services Monday to Friday during the hours of operation for employees and members of Spring Place, and free valet parking for guests after 6:00 PM, Monday to Friday during the hours of operation. Valet services shall also be provided for any events occurring later than 10:00 PM.

However, valet services shall only be required during periods of normal business operations, excluding periods during which COVID-19 restrictions are in place.
 Members of Spring Place shall be required to file a business tax registration with the Finance Department, if applicable. 2 DocuSign Envelope ID: 2D050AE0-93EA-48C8-A65D-F07773A37C7F Section 3. The Project has been environmentally reviewed pursuant to 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 environmental guidelines. The Project qualifies for a categorical exemption pursuant to CEQA Guidelines Section 15301 (Class 1), which is applicable to projects involving the operation, repair, maintenance, leasing, or minor alteration of existing public or private structures, or facilities, involving negligible or no expansion of existing or former use. The Project involves minor operational changes within an existing private facility. Therefore, the Planning Commission hereby finds the Project exempt from further review under the provisions of CEQA.

Section 4. Notice of the Project and the public hearing was mailed on October 23, 2020 to all property owners and residential occupants within a 1,000-foot radius plus block face of the property; an on-site notice was posted on the Project Site on October 23, 2020. On November 12, 2020, the Planning Commission considered the application at a duly noticed public meeting. Evidence, both written and oral, was presented at said meeting.

Section 5. In considering the request for an amendment to a Development Plan Review, the Planning Commission considered whether it could make the following findings in support of the Project:

1. The proposed plan is consistent with the general plan and any specific plans adopted for the area;

2. The proposed plan will not adversely affect existing and anticipated development in the vicinity and will promote harmonious development of the area; 3 DocuSign Envelope ID: 2D050AE0-93EA-48C8-A65D-F07773A37C7F

4. The proposed plan will not create any significantly adverse traffic impacts, traffic safety hazards, pedestrian-vehicle conflicts, or pedestrian safety hazards; and

5. The proposed plan will not be detrimental to the public health, safety, or general welfare.

Section 6. Based on the foregoing, the Planning Commission hereby finds and determines as follows with respect to the Development Plan Review:

1. The Project will allow the continued operation of rooftop uses in conjunction with a co-working office use complies with all applicable goals and policies set forth in the general plan. The Project will promote continued economic vitality and will support desirable uses that generate additional jobs and revenue in the area. The Project Site is not located within a specific plan area;

2. The Project will modify the conditions of operation for the rooftop uses on the Project Site, which currently operate in conjunction with a co-working office use. The proposed modifications will contribute to the harmonious development of the area by memorializing changes to the valet operations on site, which will help ensure greater compatibility with adjacent residential uses. As conditioned, the proposed plan will not adversely affect existing and anticipated development in the vicinity; 4 DocuSign Envelope ID: 2D050AE0-93EA-48C8-A65D-F07773A37C7F

The Project Site contains rooftop uses associated with a co-working office that are consistent with the applicable zoning and general plan designations. Spring Place will continue to operate in compliance with City standards designed to mitigate the impacts of commercial uses in proximity to residential uses, and the conditions of approval. Such conditions have been modified to reflect additional operational changes to further mitigate identified impacts to surrounding uses, and as a result, the Project is not anticipated to significantly and adversely interfere with the use and enjoyment of residential properties in the vicinity of the subject property;

4. The Project will not materially alter the current use of the existing lunchroom rooftop facilities as an amenity for guests of members of the co-working office use with food and beverage services. The existing rooftop amenities supplement the existing commercial office uses, and the Project will memorialize the improvements made to the valet operations to reduce and prevent adverse traffic and parking impacts to the surrounding residential area and uses. Because the Project will continue to operate in a fundamentally similar manner to the existing office and rooftop uses, and will not intensify the use or alter the physical development pattern of the Project Site, the Project will not result in any significantly adverse traffic or safety hazards;

5. The Project consists of the continued operation of ancillary rooftop amenities that support a high quality co-working office use. The co-working office use 5 DocuSign Envelope ID: 2D050AE0-93EA-48C8-A65D-F07773A37C7F and ancillary rooftop facilities will operate in compliance with all Municipal Code standards related to the public health, safety, and general welfare. As conditioned, the proposed uses and physical improvements associated with the Project will not adversely affect the public health, safety, and general welfare.

Section 7. Based on the foregoing, the Planning Commission hereby grants the requested Development Plan Review amendment. The following conditions set forth in this resolution incorporate all applicable conditions previously imposed on the Project Site pursuant to Planning Commission Resolution No. 1683, and delete or modify conditions that are no longer applicable. Therefore, this resolution and the conditions set forth herein shall supersede Planning Commission Resolution Nos. 1683. The Project is subject to the following conditions:

2. With the exception of maintenance activities, rooftop access shall be prohibited within 30 feet of the south property line of the building located at 121 Spalding Drive. Landscaping shall be permitted within this area. [Condition of Resolution No. 1683 – modified herein]

3. The outdoor rooftop areas shall be restricted to use only by Spring Place co-working office members, and up to three guests of each member between the hours of 8:00 AM and 10:00 PM, Monday to Friday, and 9:00 AM to 10:00 PM, Saturday to Sunday. The outdoor rooftop areas may not be accessed by members, 6 DocuSign Envelope ID: 2D050AE0-93EA-48C8-A65D-F07773A37C7F guests or staff thereafter between the hours of 10:00 PM to 8:00 AM on the following weekday, and between the hours of 10:00 PM to 9:00 AM on the following weekend day. Notwithstanding the preceding restrictions, this condition shall not prohibit the Applicant from hosting occasional events on the rooftop later than 10:00 PM for members and up to three guests per member, provided the Applicant submits written notice to the Director of Community Development at least 72 hours in advance of the event, notifying the Director of the date, time, and type of event to be conducted.

In the event that the Director of Community Development determines that the type or frequency of events is resulting in unanticipated impacts, the Director shall have the authority to impose additional conditions on the use of the outdoor rooftop areas, and may, at his/her discretion, schedule a public hearing before the Planning Commission to assess the impacts and impose additional conditions. [Condition of Resolution No. 1683 – modified herein]

4. Food and beverage service may be provided on the rooftop to members of Spring Place and up to three guests of each member between the hours of 8:00 AM to 10:00 PM, Monday to Friday, and 9:00 AM to 10:00 PM, Saturday to Sunday. Food and beverage service may not be provided thereafter between the hours of 10:00 PM to 8:00 AM on the following weekday, and between the hours of 10:00 PM to 9:00 AM on the following weekend day. Food preparation shall take place in the kitchen located on the third floor of the 121 Spalding Drive building, and beverage preparation may occur within the rooftop bar structure. Service shall be conducted by professionally trained wait staff. Occasional buffet food service shall be permitted in conjunction with special events.
7 DocuSign Envelope ID: 2D050AE0-93EA-48C8-A65D-F07773A37C7F

6. Exterior lighting intended to illuminate the rooftop areas or structures shall be subject to Architectural Review. The Director of Community Development or his/her designee shall serve as the reviewing authority for any such exterior lighting request, and may, at his/her discretion, forward requests to the Architectural Commission for consideration. Exterior lighting currently provided and affixed to the rooftop canopy structure shall be maintained, and shielded and oriented so that it does not illuminate areas beyond the bounds of the Project Site or towards residential uses. [Condition of Resolution No. 1683 – modified herein]

8. The Project shall operate at all times in compliance with requirements for Noise Regulation enumerated in Title 5, Chapter 1 of the Municipal Code. [Condition of Resolution No. 1683 – modified herein]

9. Any entertainment, live entertainment, live musical accompaniment to dining, or prerecorded music shall operate at all times in compliance with the requirements for Entertainment Outside the Business Triangle enumerated in Title 8 DocuSign Envelope ID: 2D050AE0-93EA-48C8-A65D-F07773A37C7F 10, Chapter 3, Article 27 of the Municipal Code. No speakers or other amplified sound transmission equipment are permitted on the rooftop.

10. The Applicant shall maintain 134 parking spaces on site at all times, and shall provide free valet parking services for members and employees of Spring Place, Monday to Friday, during the hours of operation from 8:00 AM to 10:00 PM, or later, if events occur later than 10:00 PM as allowed by Condition No. 3. In addition, free valet parking services shall be provided for guests of Spring Place members, Monday to Friday, from 6:00 PM to 10:00 PM, or later if events occur later than 10:00 PM as allowed by Condition No. 3. This condition shall only be applicable during periods which Spring Place is fully operational under normal conditions, and when there are no extenuating circumstances or additional operational restrictions in effect as determined by the Director of Community Development. [Updated Condition]

11. All landscaping shall be maintained in good condition and in conformance with the Title 10, Chapter 3, Article 30 of the Municipal Code at all times.

12. The Planning Commission reserves jurisdiction relative to traffic, parking, loading, and noise issues and the right to impose additional conditions as necessary to mitigate any other unanticipated impacts caused by the proposed Project as they arise. In the event that the Project is found to result in any unanticipated impacts and a hearing is scheduled to review the Project, the full cost of the review hearing and implementation of any additional conditions or mitigations measures shall be paid for by the Applicant.
9 DocuSign Envelope ID: 2D050AE0-93EA-48C8-A65D-F07773A37C7F

14. EXPIRATION. Development Plan Review: The exercise of rights granted in such approval shall be commenced within three (3) years after the adoption of such resolution. [Condition of Resolution No. 1683]

15. APPEAL. Decisions of the Planning Commission may be appealed to the City Council within fourteen (14) days of the Planning Commission action by filing a written appeal with the City Clerk. Appeal forms are available in the City Clerk’s office. Decisions involving subdivision maps must be appealed within ten (10) days of the Planning Commission Action. An appeal fee is required. [Condition of Resolution No. 1683]

16. RECORDATION. This Resolution approving the Development Plan Review shall not become effective until the owner of the Project site records a covenant or other similar instrument, satisfactory in form and content to the City Attorney, accepting the conditions of approval set forth in this resolution. The covenant shall include a copy of the resolution as an exhibit. The Applicant shall deliver the executed covenant to the Department of Community Development within 180 days of the Planning Commission decision. At the time that the Applicant delivers the covenant to the City, the Applicant shall also provide the City with all fees necessary to record the document with the County Recorder. If the Applicant fails to deliver the executed covenant within the required 180 days, this 10 DocuSign Envelope ID: 2D050AE0-93EA-48C8-A65D-F07773A37C7F resolution approving the Project shall be null and void and of no further effect.

17. VIOLATION OF CONDITIONS: A violation of any of these conditions of approval may result in a termination of the entitlements granted herein. [Condition of Resolution No. 1683]

18. This approval is for those plans submitted to the Planning Commission on May 24, 2018, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval. [Condition of Resolution No. 1683]

19. Minor amendments to the plans shall be subject to approval by the Director of Community Development. A significant change to the approved Project shall be subject to Planning Commission Review. Construction shall be in conformance with the plans approved herein or as modified by the Planning Commission or Director of Community Development.
11 DocuSign Envelope ID: 2D050AE0-93EA-48C8-A65D-F07773A37C7F

20. Project Plans are subject to compliance with all applicable zoning regulations, except as may be expressly modified herein. Project plans shall be subject to a complete Code Compliance review when building plans are submitted for plan check. Compliance with all applicable Municipal Code and General Plan Policies is required prior to the issuance of a building permit. [Condition of Resolution No. 1683]

21. Prior to the issuance of a building permit, all applicable Park and Recreation Facilities Tax required by the Municipal Code shall be paid. [Condition of Resolution No. 1683]

22. APPROVAL RUNS WITH LAND. These conditions shall run with the land and shall remain in full force for the duration of the life of the Project. [Condition of Resolution No. 1683]

23. The Project shall operate at all times in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking, or other actions. [Condition of Resolution No. 1683]
///
///
///
12 DocuSign Envelope ID: 2D050AE0-93EA-48C8-A65D-F07773A37C7F Section 8. The Secretary of the Planning Commission shall certify to the passage, approval, and adoption of this resolution, and shall cause this resolution and his/her Certification to be entered in the Book of Resolutions of the Planning Commission of the City.

Adopted: November 12, 2020
Peter I. Ostroff
Chair of the Planning Commission of the
City of Beverly Hills
Attest:

Ryan Gohlich, AICP
Secretary of the Planning Commission
Approved as to form: Approved as to content:

David M. Snow Ryan Gohlich, AICP
Assistant City Attorney Assistant Director / City Planner Community Development Department
13 DocuSign Envelope ID: 2D050AE0-93EA-48C8-A65D-F07773A37C7F

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.

CITY OF BEVERLY HILLS )
I, KAREN MYRON, Recording Secretary of the Planning Commission of the City of Beverly Hills, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. 1927 duly passed, approved and adopted by the Planning Commission of said City at a meeting of said Commission on November 12, 2020, and thereafter duly signed by the Secretary of the Planning Commission, as indicated; and that the Planning Commission of the City consists of five (5) members and said Resolution was passed by the following vote of said Commission, to wit:

AYES: Commissioner Demeter, Vice Chair Gordon, Chair Ostroff NOES: None
ABSTAIN: None
ABSENT: None
RECUSED: Commissioners Hudnut, Licht
________________________________

KAREN MYRON
Recording Secretary of the
Planning Commission
City of Beverly Hills, California
DocuSign Envelope ID: 2D050AE0-93EA-48C8-A65D-F07773A37C7F Certificate Of Completion
Envelope Id: 2D050AE093EA48C8A65DF07773A37C7F Status: Completed Subject: Please DocuSign: PC Reso #1927 - Spring Place.pdf Source Envelope:

Document Pages: 14 Signatures: 5 Envelope Originator:

Certificate Pages: 2 Initials: 0 Evelin Welch
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455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
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Attachment 5
Staff Report – April 28, 2022 Planning
Commission Meeting
City of Beverly Hills
Planning Division 455 N. Rexford Drive Beverly Hills, CA 90210 TEL. (310) 285-1141 FAX. (310) 858-5966
Planning Commission Report
Attachment(s):

A. Planning Commission Resolution No. 1927
B. Planning Commission Resolution No. 1846
C. Planning Commission Resolution No. 1647
D. City Council Resolution No. 12-R-12890
E. Public Hearing Notice
F. Letter from City Prosecutor Dated March 2, 2022
G. Police Incident Reports
H. Club Rules
I. Event Programming
J. Member and Guest Check-In Data
K. Valet Data – November 2019-February 2020
L. Condition Compliance Letter Dated July 30, 2020
M. Letter Regarding Operations Dated September 30, 2019 N. Public Comment
Report Author and Contact Information:

Chloe Chen, Associate Planner
(310) 285-1194
[email protected]
Meeting Date: April 28, 2022
Subject: 9800 WILSHIRE BOULEVARD AND 121 SPALDING DRIVE (SPRING PLACE)
Per a request by the Planning Commission, a report to review the operations of Spring Place, a co-working office and private membership club at 9800 Wilshire Boulevard and 121 Spalding Drive.

Project Applicant: City Initiated
Representative: Mark Egerman, Egerman Law Group, LLP.

Recommendation: Conduct a public hearing on the operations of Spring Place, and provide direction to staff regarding future actions as appropriate.

REPORT SUMMARY
This report provides information regarding the current operations of Spring Place, a co-working office and private membership club located within two commercial buildings at 9800 Wilshire Boulevard and 121 Spalding Drive (the project site). The Planning Commission previously reviewed Spring Place, and approved Planning Commission Resolution 1927, which amended a previous Development Plan Review approval (Planning Commission Resolution No. 1846) that regulates the use of the rooftop space. Condition No. 12 of this resolution states that the Commission reserves the right to impose additional conditions as necessary to mitigate unanticipated impacts caused by the proposed project, and may schedule a hearing to review the project.

Pursuant to this condition, the Planning Commission directed staff at a previous public hearing (January 13, 2022 Planning Commission meeting) to present this report due to complaints received regarding the nature of Spring Place’s operations in recent months, including actions that potentially violated the conditions of approval of Planning Commission Resolution No. 1927.

In response to this request, this report provides information regarding Spring Place’s current operations, and reviews their compliance with the existing conditions of approval adopted as part of a Development Plan Review approval (Planning Commission Resolution No. 1927, included Planning Commission Report
9800 Wilshire Boulevard & 121 Spalding Drive
April 28, 2022

Page 2 of 15 ends

as Attachment A). In addition, the report provides information regarding the City’s monitoring activities of the project site through the Community Preservation Division, and police report data.

Staff recommends that the Planning Commission review the information included in the report, conduct a public hearing, and provide feedback to both Spring Place and staff regarding any future actions as appropriate.

BACKGROUND
Project Site Development
In 2012, the Planning Commission approved a Development Plan Review (Planning Commission Resolution No. 1647, included as Attachment C) to allow a new office building and parking structure at 121 Spalding Drive, and recommended approval of an encroachment permit and partial alley vacation to the City Council. This approval allowed for the development of the unified building design and development across the 9800 Wilshire Boulevard and 121 Spalding Drive parcels, with an extensive renovation at the Wilshire Boulevard site, and a new building at the Spalding Drive site. In 2013, the Planning Commission approved a Development Plan Review (Planning Commission Resolution No. 1683) to allow rooftop structures and uses, consisting of unenclosed architectural features (shade structures) and a rooftop lunchroom facility for employees of the offices.

This Development Plan Review approval included conditions of approval that regulated the operation of the rooftop lunchroom, which was intended to function as an amenity for the offices within the building. Most notably, the conditions restricted any rooftop access within 30 feet of the south property line of 121 Spalding Drive, and limited the use of the rooftop areas from 7:00 AM to 10:00 PM daily for employees, and from 7:00 AM to 7:00 PM for guests of employees. The conditions also permitted the use of the rooftop for events outside of the aforementioned hour restrictions, upon submitting written notice to the Director of Community Development. In conjunction with this Development Plan Review, a Zone Text Amendment to modify the development standards for rooftop uses was approved by the City Council in 2013 (Ordinance No. 13-O-2643) to allow unenclosed architectural features on rooftops to encroach upon the 45- degree angle setback upon approval by the Planning Commission. Subsequently, the Development Plan Review regulating the rooftop uses at the project site was amended to allow operational changes requested by Spring Place, including different hours and services on the rooftop (further detail is provided below).

Spring Place Co-Working Offices
Spring Place began operating as a tenant of the project site in October 2018, and currently occupies the first two levels of office space in the 9800 Wilshire Boulevard building, and the fourth level of the 121 Spalding Drive building. Spring Place has described their operations as a membership-based, co-working office that provides common and dedicated spaces and amenities. A co-working use typically appeals to those desiring a built-in workplace community and more flexible office option. Spring Place provides three different types of memberships, which provide access to different levels of amenities at the project site, as further described in the Discussion section below. A co-working office use is consistent with the permitted uses for the C-3 Commercial Zone, which include commercial office uses. Similar to Spring Place, commercial offices typically provide shared amenities, conveniences and services, ancillary uses, and occasional events for their tenants. While the co-working use does not require approval to operate Planning Commission Report
9800 Wilshire Boulevard & 121 Spalding Drive
April 28, 2022

Page 3 of 15 ends

at the project site, Spring Place has previously received discretionary approval for specific types of rooftop uses and services provided as further discussed below.

Previous Planning Commission Hearings – Spring Place
May 2018
On May 24, 2018, the Planning Commission approved an Amendment to a previously approved Development Plan Review to permit food and beverage services on the rooftops of both buildings located on the project site, and to allow up to three guests per Spring Place member to utilize the rooftop facilities during hours of operation (8:00 AM to 10:00 PM, Monday to Friday, and 9:00 AM to 10:00 PM, Saturday to Sunday). The resolution approving this amendment, Planning Commission Resolution No. 1846, is included as Attachment B to this report. It is important to note that this resolution regulates the operations of the rooftop facilities on the project site only, and that the co-working office use has been determined to be consistent with the permitted uses of the C-3 Commercial Zone. During this Planning Commission meeting, Spring Place stated that the target number for members during the first year of operation was between 500 to 800 members, but did not specify the total membership goal for the life of the operation. In addition, it was presented that the co-working office would be the primary use of the project site, and that ancillary social and cultural events would function as a secondary amenity for users.

July 2019
At the July 11, 2019 meeting, the Commission directed staff to monitor the operations of Spring Place for a period of time and to return at a future study session with an informational report on the operations of Spring Place. This report was requested so that the Commission may evaluate the use further and assess whether the existing conditions of approval adequately regulate the current operations of the project site. Additionally, the Commission requested the study session to evaluate whether Spring Place has operated in a manner consistent with the statements presented at the May 24, 2018 meeting. Specifically, the Commission expressed concern that the social and cultural events had become a primary component of Spring Place’s operations, rather than an ancillary or occasional function, due to the frequency of events and resulting adverse impacts to adjacent residential properties.

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adjacent residential uses. At this meeting, the Commission expressed satisfaction regarding the actions Spring Place took, and that there were no neighbors present expressing further concerns with their operations. The Commission stated that they hoped to see Spring Place further improve their operations by growing the amount of members who have dedicated desks, and help ensure their members comply with the City’s business tax licensing requirements. In addition, the Commission directed staff to return within approximately one year to review Spring Place’s operations, and to bring the applicable conditions of approval into consistency with their stated operations, specifically their valet parking services. Since a change to the conditions of approval consists of an amendment to the existing DPR approval, a noticed public hearing was required to satisfy the Planning Commission’s request at the November 2020 hearing (rather than a study session, as was originally requested).

November 2020
Pursuant to the Commission’s direction, a report regarding Spring Place’s operations and compliance with conditions of approval was presented at the November 12, 2020 Planning Commission meeting. At this meeting, Spring Place representatives discussed the impact of the COVID-19 pandemic on their business operations, noting that utilization of the indoor co-working office facilities had greatly decreased since the onset of the pandemic, although the outdoor dining and rooftop areas were still available for use. At this hearing, the Commission discussed potential changes to the conditions of approval, which primarily entailed changes to condition language to:
1) provide greater flexibility regarding the requirement to provide valet services while operations were diminished during the pandemic, 2) clarify that Spring Place shall comply with the City’s private club regulations, and 3) clarify that Spring Place shall not be responsible for enforcing business tax license requirements, but shall inform its members of such requirements (it is the individual member’s responsibility to comply). As a result, the Commission adopted an amended resolution, Planning Commission Resolution No. 1927, which currently regulates the rooftop uses on the project site and largely supersedes the previous resolutions. While many of the conditions of approval from the previous resolutions are irrelevant to Spring Place’s operations because the approvals were connected to the development of the buildings on the project site, Condition No. 5 of Resolution No. 1647 requires that free parking is provided to all employees. As a result, the main resolution regulating Spring Place at this time is Resolution No. 1927.

PROJECT SITE HISTORY
Business Spring Place
Owner(s) GCIP Holdings, LLC.

Representative(s) Christian Toraldo, Chief Executive Officer of Spring Place1 Maximilian Straub, Chief Operations Officer of Spring Place Legislative Advocate Mark Egerman, Egerman Law Group, LLP.

1 The listed representatives who are employed by Spring Place do not meet the City’s definition of a legislative advocate. Pursuant to BHMC §1-9-102, the definition of “Compensation” states that it “does not include the salary of an employee who devotes less than twenty percent (20%) of that employee’s work time to legislative advocacy during any one year and who engages in legislative advocacy only on behalf of a single employer”. Since the representatives listed here work on behalf of a single employer (Spring Place), they do not meet the threshold for being compensated as legislative advocates.

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Prior PC Action Resolution No. 1647 (7/12/2012) – Approved a Development Plan Review for a new office building and parking structure at 121 Spalding Drive, and recommending approval for an
encroachment permit and partial alley vacation.

Resolution No. 1682 (3/14/2013) – Recommended the
adoption of an ordinance amending the development
standards for rooftop uses (initiated in conjunction with the development of the project site).

Resolution No. 1683 (3/14/2013) – Approved a Development Plan Review to allow rooftop structures and uses on 9800 Wilshire Boulevard and 121 Spalding Drive.

Resolution No. 1846 (5/24/2018) – Approved an amendment to a Development Plan Review for rooftop uses and
structures, in order to permit food and beverage services and to allow guest use of the rooftop facilities associated with a private co-working club use.

Resolution No. 1927 (11/12/2020) – Approved amendments
to a Development Plan Review regulating rooftop uses
associated with a private co-working and membership use, which clarified existing conditions of approval.

Prior Council Action Resolution No. 12-R-12890 (8/7/2012) – Approved the vacation of a portion of the alley adjacent to 121 Spalding Drive, and an encroachment permit to allow certain aboveand below-grade improvements in the alley right-of-way.

Ordinance No. 13-O-2643 (7/16/2013) – Approved an
amendment regarding development standards for rooftop
uses (initiated in conjunction with the development of the project site).

PROPERTY AND NEIGHBORHOOD SETTING
Address(es) 9800 Wilshire Boulevard and 121 Spalding Drive Assessor’s ID No. 4328-008-001, 4328-008-002
Zoning District C-3
General Plan General Commercial - Low Density
Existing Land Use(s) General commercial offices
Lot Dimensions & Area 105’ x 135’ – 14,175 square feet (9800 Wilshire Boulevard) 100’ x 122.5’ – 12,240 square feet (121 Spalding Drive) Year Built 1958 – 9800 Wilshire Boulevard, 2014 – 121 Spalding Drive Planning Commission Report
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Historic Resource The property is not listed on the City’s inventory as being potentially historic.

Protected Trees/Grove None
Adjacent Zoning and Land Uses
North C-3 – Commercial (Offices and Ground Floor Retail) South C-3 – Commercial (Hotel)
East C-3 – Commercial (Offices)
West C-3 – Commercial (Offices)
Circulation and Parking
Adjacent Street(s) Wilshire Boulevard and Spalding Drive Traffic Volume Average Daily Trips on Wilshire Boulevard: 45,000 Average Daily Trips on Spalding Drive: 3,800
Adjacent Alleys 20’-wide, two-way east-west alley bisecting the two properties, and a 20’-wide, two-way north-south alley located west of the property
Parkways & Sidewalks Wilshire Boulevard sidewalk/parkway – 15’ from face of curb to property line
Spalding Drive sidewalk/parkway – 10’ from face of curb to property line
Parking Restrictions Wilshire Boulevard - no parking anytime Spalding Drive - 1 hour metered parking adjacent to project site
Nearest Intersection Spalding Drive and Wilshire Boulevard Circulation Element Wilshire Boulevard - Arterial street Spalding Drive - Local street
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Figure 1. Project Site
Neighborhood Character
The project site is located at the southwest corner of the Wilshire Boulevard and Spalding Drive intersection, at Spalding Drive’s northerly terminus. The project site contains two buildings occupied by commercial office uses and associated parking. Adjacent to the project site is a hotel to the south, and general commercial offices to the west; other surrounding uses include commercial offices, restaurant, retail, and medical uses. Multi-family residential uses are located on either side of Spalding Drive farther south of the project site. The closest multi-family property is approximately 100 feet south of the 121 Spalding Drive building.

Project Site
The 9800 Wilshire Boulevard building contains three levels of general office space with approximately 39,371 square feet of floor area. The 121 Spalding Drive building contains 134 parking spaces within two subterranean and three above-ground levels, and general office space in a portion of the ground floor and the entire fourth floor, totaling approximately 18,882 square feet of floor area. The buildings are visibly unified in architectural design, distinguished by a threedimensional slumped glass façade feature, as well as an undulating perforated shade canopy on each rooftop. A two-level bridge is located over the alley that bisects the project site and connects the rooftops and top levels of each building.

The existing rooftop of the 9800 Wilshire Boulevard building includes approximately 3,280 square feet of deck area, and 220 square feet of floor area for restrooms, for a total of 3,500 square feet of accessible rooftop space. The existing 121 Spalding Drive rooftop includes approximately 3,350 square feet of deck area, and 135 square feet of floor area for restrooms, for a total of 3,485 square feet of accessible rooftop space. Landscaped planters and screening features for N
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mechanical or building equipment are installed on both rooftops. Access beyond the southerly 30 feet of the 121 Spalding Drive building is restricted by existing glass guardrails, though landscaping within the last 30 feet is presently installed for additional buffering and screening of the rooftop uses from the adjacent hotel use. The canopy structure covers approximately 4,100 square feet of the 9800 Wilshire Boulevard rooftop, and approximately 3,512 square feet of the 121 Spalding Drive rooftop – the canopy covers both accessible and inaccessible rooftop areas.

The height of the canopy structure varies because of the undulating design, with a maximum height of 15’ above the roof level.

PUBLIC OUTREACH AND NOTIFICATION
This hearing was noticed in compliance with the applicable requirements, as noted in the table below. However, since this hearing is commission-requested and Spring Place did not submit an application for a discretionary request, certain public notification methods (such as the Notice of Pending Application) were not required. Staff also notified a list of interested parties via email with information regarding this public hearing on March 21, 2022. The list of interested parties was created during the notification period for the Planning Commission hearing on the requested Zone Text Amendment and Development Plan Review Amendment for Spring Place on June 13, 2019.

The public hearing notice is contained in Attachment E of this report.

Type of Notice Required
Period Actual Period Required Date ActualDate
Notice of Pending Application
(Owners & Occupants – 500’ Radius +
block face)

N/A N/A N/A N/A
Adjacent Neighbors Notice
(Owners & Occupants – 100’ Radius) N/A N/A N/A N/A
Notice of Public Hearing
(Owners & Occupants – 500’ Radius +
block face)
20 Days 20 Days 4/8/22 4/8/22
Newspaper Notice 20 Days 20 Days 4/8/22 4/8/22
Property Posting 20 Days 20 Days 4/8/22 4/8/22
Agenda Posting 72 Hours 7 Days 4/25/22 4/21/22
Website 72 Hours 7 Days 4/25/22 4/21/22
Public Comment
As of the writing of this report, staff received several comments (Attachment N) from nearby residents expressing concerns about the decreasing quality of life due to the impacts of Spring Place’s operations, including additional noise and traffic to the project site. Additionally, the comments detail certain events held by Spring Place that have specifically resulted in adverse impacts to the surrounding areas. Information provided by the public in these emails is summarized in the discussion section of this report.

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DISCUSSION
Operational Information
At the October 24, 2019 Planning Commission Study Session, Spring Place presented a letter to the Planning Commission dated September 30, 2019 (Attachment M), which detailed recent changes to the operations of the co-working office/private membership club intended to address issues raised by neighbors and to ensure compliance with the existing conditions of approval of Planning Commission Resolution No. 1846, which was the document that governed the rooftop operations at the time. This is the most recent letter available detailing Spring Place’s operations, so is included for reference. As previously discussed, Spring Place states that it provides its members with a new model of commercial office in which members utilize both dedicated and shared work space, as well as communal amenities such as food and beverage services, lounges, and meeting rooms. This section of the report provides an overview of the operational components of Spring Place.

Membership
There are four broad categories of membership at Spring Place: Community, Local, Resident, and Private Office-holders. Community members may access meeting rooms and communal spaces, and attend events. Local members have access to all workspaces and meeting rooms, and have all benefits of a Community member with some additional services. Resident members have access to dedicated desks, and Private Office-holders have access to dedicated office space, in addition to the other benefits previously mentioned. A “Complimentary” membership provides most of the same benefits as a Community membership, including access to the New York and Beverly Hills Clubs, meeting rooms, communal areas, and programming. No one can apply for a Complimentary membership, but rather it is given upon the approval of the Membership Committee to an individual who meets specific criteria. Spring Place previously implemented a Terrace membership in response to the COVID-19 pandemic restrictions, which provides access to the terrace only, and is a limited term membership that does not renew on an annual basis.

The “Club Rules” document provided in Attachment H provides more detail about the membership types and the rules in place for member activities and behavior.

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The updated membership data submitted by Spring Place now shows there are a total of 356 Community members, 56 Local members, 15 Resident members, 98 Private Office-holders, and 105 Complimentary members, for a total of 630 members. Since the November 2020 hearing, membership has increased overall by 16 members. At the November 2020 hearing, Spring Place also provided check-in data for members and guests that showed a significant decrease in the check-in rates during the pandemic - the average “capture rate2 ” for members decreased from
13% to 2.4%, and the guest check-in rate decreased from 1.1 guests per member per day to 0.6 guests per member per day. Based on the current data submitted for the period from 1/5/2021 to 1/26/2022, an average of 27 members checked in per day, translating to a capture rate of approximately 4.2% (27 members/630 total members). For the period from 1/19/2021 to 1/26/2022, the average guest check-in rate per member was 1 guest per member per day.

However, the guest check-in data shows a very wide range of check-ins, with some days reflecting only 1 guest check-in and other days showing guest check-in totals as high as 89 guests.

Parking and Valet Operations
The project site currently contains 134 parking spaces within the on-site parking garage in the 121 Spalding Drive building. However, Spring Place has previously stated that it has access to 272 parking spaces total, combining both on- and off-site parking spaces. In the past, Spring Place provided an option of valet parking to its members and guests for a fee of $10. However, as discussed at the previous Planning Commission meetings, this may have resulted in members and guests utilizing nearby street parking spaces rather than the on-site parking garage. Adjacent to the project site on Spalding Drive, parking is available after 6:00 PM Monday to Saturday, and from 8:00 AM to 6:00 PM, only permit parking is available.

Pursuant to Condition No. 1 of Planning Commission Resolution No. 1846 and Condition No. 5 of Planning Commission Resolution No. 1647, Spring Place must provide free parking to all employees, which has been interpreted to apply to both members and employees of Spring Place, but not guests. In addition, Spring Place has previously stated that it worked with its valet operator to ensure that any drop-off and pick-up queuing takes places on the internal alley bisecting the two buildings on the project site. This includes a policy requiring users to pull directly into the parking garage to increase available queuing and valet space during events or periods of high demand. At the November 2020 hearing, Condition No. 10 was amended to require that Spring Place provide free valet parking to both its members and employees, and free valet parking for guests of members after 6:00 PM, Monday to Friday during their hours of operation, and during any special events outside of their normal hours of operation. The condition also includes language to limit the applicability of this requirement to periods of normal business operation, which was added to provide relief from this requirement during the COVID-19 pandemic.

At the previous hearing, Spring Place provided valet data for the period from November 2019 to February 2020 (Attachment K). While the number of cars valeted per day ranged widely (from zero to 258), the overall average during this period was 66 valeted cars. This demonstrates that the demand for valet services has been consistent from the period from the October 2019 hearing to the implementation of COVID-19 restrictions. However, since Spring Place has stated that no valet services were needed or operated on site during the COVID-19 shutdown, no valet data was

2 The “capture rate” indicates how many members are utilizing the facilities at any given time, expressed as a percentage of member check-ins out of the total membership.

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available from March 2020 to the November 2020 hearing date. Spring Place has not provided any updated valet data to the City as part of the current review. However, in order to comply with Condition No. 10, Spring Place should be providing regular free valet services for members, employees, and guests, now that the COVID-19 restrictions have largely been relaxed. The “Club Rules” document (Attachment H) mentions that valet parking is mandatory for all members and guests, but also that “fees may vary”, though valet should be provided free of charge.

Events
The events hosted by Spring Place have been previously described by their representatives as events designed to create memorable experiences for members and to cultivate connections to brands, publications, personalities, and cultural institutions. Attachment I contains the member event programming from March 2021 to February 2022. Pursuant to Condition No. 3 of Planning Commission Resolution No. 1927, Spring Place may host occasional events on the rooftops during the permitted hours of operation, which are from 8:00 AM to 10:00 PM, Monday to Friday, and 9:00 AM to 10:00 PM, Saturday to Sunday. In addition, occasional events may be held outside of the hours of operation for members and up to three guests per member, upon submittal of notice to the Director of Community Development at least 72 hours in advance, which has generally consisted of a submittal of an application for a special event permit with the City. Since it began operating, Spring Place has hosted various events within its interior space and on the rooftop facilities. However, in recent months, several complaints have been submitted regarding the nature of the events currently being hosted by Spring Place. Specifically, the complaints included concerns that Spring Place was hosting events that utilized live music in potential violation of Condition No. 9 of Planning Commission Resolution No. 1927 (regarding entertainment outside the Business Triangle), and that the events appeared to be open to members of the public, and not just members and guests of members. In addition, it appears as if some events held in the last few months were more consistent with events that would be held in a banquet or hotel facility (weddings, etc.) and that the rooftop space was being rented out to the general public for such events. As shown on the event programming brochure provided by Spring Place, several events mention musical components (DJ, jazz, live music, etc). Additional information regarding events that may have resulted in violations of the conditions of approval is provided in the Community Preservation section below.

Condition Compliance
In order to ensure compliance with the existing conditions of approval, staff has requested that Spring Place provide a signed document attesting to compliance with applicable conditions of approval of Planning Commission resolutions, and with applicable regulations for private clubs.

The Condition Compliance document dated July 30, 2020 that was previously provided for the November 2020 was re-submitted by the representatives for this hearing. This letter notes that Spring Place is in full compliance with the conditions, but does not include the updated conditions from Planning Commission Resolution No.1927. Staff has requested an updated letter, but has not received one at this time.

Complaints, Community Preservation Actions, and Monitoring At the November 2020 Planning Commission hearing, the Commission reviewed all Community Preservation actions that had taken place up to that date, shown in Table 1 below. The cases primarily related to noise were associated with events that Spring Place had hosted on-site. As noted in the case comments for the smoking violation, an investigation was conducted and the Planning Commission Report
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City advised Spring Place of the smoking regulations. No additional violations or complaints were received after this investigation took place. The case related to the valet parking requirement was opened because Spring Place had ceased to provide valet services due to the COVID-19 pandemic. In addition, Community Preservation staff monitored the project site in September 2020 (in advance of the November 2020 hearing), and only noted concerns regarding the potential violation of the valet requirements. The valet requirement issue was resolved with the amendment of Condition No. 10 of Planning Commission Resolution No. 1927.

Table 1. Community Preservation Actions at Project Site (2018-2020) Action Description Case Number & Date of Action
Excessive Noise from Events CP1820700; 12/21/2018
Excessive Music Noise from Events CP1900043; 1/18/2019
Smoking on the Rooftop CP2001533; 7/15/20
No Valet Services CP2001638; 7/25/20
As shown in Table 2, several Community Preservation actions have been opened since the previous hearing in November 2020. Two such cases were related to specific events that were scheduled at the end of 2021 and were potential violations due to the music component of the event. However, voluntary compliance was achieved once the Community Preservation officers were present for monitoring during these events.

Table 2. Community Preservation Actions at Project Site (2021-2022) Action Description Case Number & Date of Action
Mask Violation and No Social Distancing CP2100483; 3/26/2021 Violation of Planning Resolution for Rooftop Use CP2101874; 10/26/2021 Spring Place Event CP2101898; 10/29/2021
Short Term Renting - Private Events CP2200100; 1/18/2022 In January 2022, several complaints were submitted to City staff regarding the adverse impacts of events being held at the project site, and provided documentation to show that Spring Place was advertising its premises for private event rental. In addition, documentation was submitted by members of the public to show that several events had been advertised to members of the public, and that social events, such as engagement parties and bar/bat mitzvahs were being held on the rooftop. This is a violation of Condition No. 3 of Planning Commission Resolution No. 1927, which states that occasional events may be held on the rooftops for members and up to three guests per member, and the private club regulations in BHMC §4-2-2023 , which state that
private parties in private clubs may only be hosted by members and the club shall not charge fees for the use of the facilities for a private party. This is also a violation of Condition No. 5 of

3 Spring Place is not required to register as a private club with the Finance Division, however, it is subject to private club regulations as a result of Condition No. 5 of Planning Commission Resolution No. 1927.

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Resolution No. 1927, which states that Spring Place shall comply with all private club regulations in Title 4, Article 2 of the BHMC.

City staff subsequently contacted Spring Place representatives in mid-January to provide notice that such activities were violations of the conditions of approval and municipal code, and to inform Spring Place that any events that violated the conditions of approval must cease immediately.

Planning Staff also requested that Community Preservation staff begin to monitor the project site for other violations. After providing notice to Spring Place that any rental of the premises for private events was not permitted, several events took place in continued violation of the private club regulations and Condition Nos. 3 and 5 of Planning Commission Resolution No. 1927. Per the description of these regulations above, any event that required a rental fee of the space, was hosted by non-members, or hosted by members but included more than three guests per member would be in violation of the approval document. Staff has provided a summary of events that community members provided information about, or that staff learned of from pictures, videos, or online invitations in Table 3. Greater detail regarding the events and the nature of the apparent violations are provided below in Table 3.

Table 3. Apparent Spring Place Events and Violation of Conditions/BHMC Action Description Apparent Violation
of BHMC §4-2-202?
Apparent Violation of Reso.

No. 1927?
Grammy’s Party (March 26, 2022) Y Y
(Condition #3, 5)
Beauty Event for Dermatologist (March
2022) Y Y(Condition #3, 5)
Party with DJ (March 2022) Y Y
(Condition #9)
Neiman Marcus Fashion Event (March
2022) Y Y(Condition #3, 5)
Private Wedding Celebration (February
2022) Y Y(Condition #3, 5, 9)
Partnership with Mattioli Auto Group
(February 2022) Y Y(Condition #3, 5)
Ticketed Business Event (February 2022) Y Y
(Condition #3, 5, 9)
Private Wedding Celebration (January
2022) Y Y(Condition #3, 5, 9)
Ticketed Fitness Event (January 2022) Y Y
(Condition #3, 5)
Public Ticketed Fashion Event (December
2021) Y Y(Condition #3, 5)
Public Ticketed Fundraising Event
(December 2021) Y Y(Condition #3, 5)
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Ticketed Mixer for Parents at Beverly Vista
Middle School (September 2021) Y Y(Condition #3, 5)
Private Bar Mitzvah Celebration
(September 2021) Y Y(Condition #3, 5)
Public Ticketed Real Estate Event
(September 2021) Y Y(Condition #3, 5)
Public Ticketed Wine Tasting Event
(August 2021) Y Y(Condition #3, 5)
Advertised Rental of Restaurant & Rooftop
on Peerspace (April 2021) Y Y(Condition #3, 5)
After repeated failed attempts to bring Spring Place into voluntary compliance, Community Preservation staff engaged the City Prosecutor’s Office to provide an official notice regarding such violations (Attachment F). This letter documents several violations perpetrated by Spring Place and the regulations violated. In addition, Community Preservation staff and the City Prosecutor met with Spring Place representatives on March 16, 2022. Since this meeting, continued monitoring of the project site has been conducted by Community Preservation staff, and no other violations have been documented. Case No. CP2200100 remains active, and Community Preservation staff continues to monitor the project site and follow up on any reports of potential violations.

Police Incident Reports
Staff also reviewed police incident reports for the project site from the period of November 2020 to March 2022, which are included in Attachment G. As shown in these reports, it appears that several complaints regarding signs set up for valet services and/or special events were likely related to Spring Place’s operations. In addition, one incident of “disturbing the peace” was reported on 5/27/2021, and was described as a rooftop party. However, it is unclear whether the report was related to an event occurring at Spring Place.

Potential Remedies to Address Violations
Given Spring Place’s recent violations of the conditions of approval including advertising their facilities for private rentals, and advertising events to members of the public, the Planning Commission could consider the following actions.

1. The Commission may amend the existing resolution by adding conditions of approval that would address the issues that have arisen. Such conditions could include explicitly stating that Spring Place may not rent out the premises for private events, and any event held on the premises must only be open to members and up to three guests per member. In addition, the conditions could be amended to require Community Preservation staff monitoring of the project site whenever events are scheduled, etc. to ensure ongoing compliance.

2. The Commission may add a penalty structure for violations of any conditions of approval, such as a fee that is assessed from a deposit paid by the applicant whenever a violation of a condition is documented and verified by City staff. Similar penalty structures have been implemented for other projects where repeated violations have occurred, and an Planning Commission Report
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example of this penalty structure is shown below, with conditions of approval categorized as “minor and major” violations:
a. EXAMPLE:

Upon verification of evidence that a violation of any condition of approval contained herein has occurred, financial penalties shall be withdrawn from the cash deposit in the following amounts for each violation within a 12- month period:
1st
Violation
2nd
Violation
3rd
Violation Subsequent Violations
Major
Violations $1,000 $5,000 $10,000
$10,000 and automatically
returned to Planning
Commission for review
and possible revocation.

All application fees would
be required in addition to
the assessed penalty.

Minor
Violations $500 $2,500 $7,500

3. The Commission may revoke the Development Plan Review approval (Planning Commission Resolution No. 1927), which regulates the rooftop uses of the project site.

However, it should be noted that if such approval is revoked, only the rooftop uses would need to cease (since the resolution only regulates the rooftop uses), since a co-working office and private club use is a permitted use in the C-3 Commercial Zone. This means that if the approval is revoked, the City would also be limited in the sense that it could not impose conditions of approval on Spring Place’s operations (rather than just the municipal code regulations), which can often be more restrictive and tailored to a project’s operations.

NEXT STEPS
It is recommended that the Planning Commission conduct the public hearing, and provide the business and its representatives with feedback regarding their current operations and compliance with the conditions of approval of Planning Commission Resolution No. 1927. In addition, staff requests that the Commission provide direction regarding any next steps and whether there is interest in scheduling a future review of the business’s operations and compliance and to adopt a resolution with amended conditions of approval.

Report Reviewed By:

Timothea Tway, AICP
City Planner
Planning Commission Report
Spring Place Review
April 28, 2022

ATTACHMENT A
Planning Commission Resolution No. 1927
RESOLUTION NO.

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF BEVERLY HILLS CONDITIONALLY APPROVING

AN AMENDMENT TO A DEVELOPMENT PLAN REVIEW

Section 2. On June 13, 2019, the Planning Commission considered a request for a Zone Text Amendment and Development Plan Review Amendment to permit rooftop music 1

uses and up to 10 guests per member to utilize the rooftop facilities. At this hearing, neighbors from the adjacent residential area expressed concerns regarding the impacts being caused by the operations of Spring Place, including impacts related to noise, parking, and the frequency of events in the evening hours. As a result, the Commission directed staff to prepare a resolution for the denial of the requested entitlements, and to return at a future study session with an informational report on the operations of Spring Place. On October 24, 2019, the Commission reviewed the operations of Spring Place, and discussed the operational plan prepared by Spring Place to mitigate neighbors’ concerns. At this meeting, the Commission expressed satisfaction regarding the actions Spring Place took, and directed staff to return within approximately one year to review Spring Place’s operations, and to bring the applicable conditions of approval into consistency with their stated valet operations. As a result, this resolution modifies Condition Nos. 10 and 13 of the approved Development Plan Review. The modified requirements are summarized as follows:
x Free valet parking services Monday to Friday during the hours of operation for employees and members of Spring Place, and free valet parking for guests after 6:00 PM, Monday to Friday during the hours of operation. Valet services shall also be provided for any events occurring later than 10:00 PM.

However, valet services shall only be required during periods of normal business operations, excluding periods during which COVID-19 restrictions are in place.
x 0HPEHUV RI 6SULQJ 3ODFH VKDOO EH UHTXLUHG WR ILOH D EXVLQHVV tax registration with the Finance Department, if applicable. 2

Section 3. The Project has been environmentally reviewed pursuant to 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 environmental guidelines. The Project qualifies for a categorical exemption pursuant to CEQA Guidelines Section 15301 (Class 1), which is applicable to projects involving the operation, repair, maintenance, leasing, or minor alteration of existing public or private structures, or facilities, involving negligible or no expansion of existing or former use. The Project involves minor operational changes within an existing private facility. Therefore, the Planning Commission hereby finds the Project exempt from further review under the provisions of CEQA.

Section 5. In considering the request for an amendment to a Development Plan Review, the Planning Commission considered whether it could make the following findings in support of the Project:

1. The proposed plan is consistent with the general plan and any specific plans adopted for the area;

2. The proposed plan will not adversely affect existing and anticipated development in the vicinity and will promote harmonious development of the area; 3

4. The proposed plan will not create any significantly adverse traffic impacts, traffic safety hazards, pedestrian-vehicle conflicts, or pedestrian safety hazards; and

5. The proposed plan will not be detrimental to the public health, safety, or general welfare.

Section 6. Based on the foregoing, the Planning Commission hereby finds and determines as follows with respect to the Development Plan Review:

The Project Site contains rooftop uses associated with a co-working office that are consistent with the applicable zoning and general plan designations. Spring Place will continue to operate in compliance with City standards designed to mitigate the impacts of commercial uses in proximity to residential uses, and the conditions of approval. Such conditions have been modified to reflect additional operational changes to further mitigate identified impacts to surrounding uses, and as a result, the Project is not anticipated to significantly and adversely interfere with the use and enjoyment of residential properties in the vicinity of the subject property;

5. The Project consists of the continued operation of ancillary rooftop amenities that support a high quality co-working office use. The co-working office use 5

and ancillary rooftop facilities will operate in compliance with all Municipal Code standards related to the public health, safety, and general welfare. As conditioned, the proposed uses and physical improvements associated with the Project will not adversely affect the public health, safety, and general welfare.

Section 7. Based on the foregoing, the Planning Commission hereby grants the requested Development Plan Review amendment. The following conditions set forth in this resolution incorporate all applicable conditions previously imposed on the Project Site pursuant to Planning Commission Resolution No. 1683, and delete or modify conditions that are no longer applicable. Therefore, this resolution and the conditions set forth herein shall supersede Planning Commission Resolution Nos. 1683. The Project is subject to the following conditions:

3. The outdoor rooftop areas shall be restricted to use only by Spring Place co-working office members, and up to three guests of each member between the hours of 8:00 AM and 10:00 PM, Monday to Friday, and 9:00 AM to 10:00 PM, Saturday to Sunday. The outdoor rooftop areas may not be accessed by members, 6

guests or staff thereafter between the hours of 10:00 PM to 8:00 AM on the following weekday, and between the hours of 10:00 PM to 9:00 AM on the following weekend day. Notwithstanding the preceding restrictions, this condition shall not prohibit the Applicant from hosting occasional events on the rooftop later than 10:00 PM for members and up to three guests per member, provided the Applicant submits written notice to the Director of Community Development at least 72 hours in advance of the event, notifying the Director of the date, time, and type of event to be conducted.

6. Exterior lighting intended to illuminate the rooftop areas or structures shall be subject to Architectural Review. The Director of Community Development or his/her designee shall serve as the reviewing authority for any such exterior lighting request, and may, at his/her discretion, forward requests to the Architectural Commission for consideration. Exterior lighting currently provided and affixed to the rooftop canopy structure shall be maintained, and shielded and oriented so that it does not illuminate areas beyond the bounds of the Project Site or towards residential uses. [Condition of Resolution No. 1683 – modified herein]

9. Any entertainment, live entertainment, live musical accompaniment to dining, or prerecorded music shall operate at all times in compliance with the requirements for Entertainment Outside the Business Triangle enumerated in Title 8

10, Chapter 3, Article 27 of the Municipal Code. No speakers or other amplified sound transmission equipment are permitted on the rooftop.

10. The Applicant shall maintain 134 parking spaces on site at all times, and shall provide free valet parking services for members and employees of Spring Place, Monday to Friday, during the hours of operation from 8:00 AM to 10:00 PM, or later, if events occur later than 10:00 PM as allowed by Condition No. 3. In addition, free valet parking services shall be provided for guests of Spring Place members, Monday to Friday, from 6:00 PM to 10:00 PM, or later if events occur later than 10:00 PM as allowed by Condition No. 3. This condition shall only be applicable during periods which Spring Place is fully operational under normal conditions, and when there are no extenuating circumstances or additional operational restrictions in effect as determined by the Director of Community Development. [Updated Condition]

11. All landscaping shall be maintained in good condition and in conformance with the Title 10, Chapter 3, Article 30 of the Municipal Code at all times.

16. RECORDATION. This Resolution approving the Development Plan Review shall not become effective until the owner of the Project site records a covenant or other similar instrument, satisfactory in form and content to the City Attorney, accepting the conditions of approval set forth in this resolution. The covenant shall include a copy of the resolution as an exhibit. The Applicant shall deliver the executed covenant to the Department of Community Development within 180 days of the Planning Commission decision. At the time that the Applicant delivers the covenant to the City, the Applicant shall also provide the City with all fees necessary to record the document with the County Recorder. If the Applicant fails to deliver the executed covenant within the required 180 days, this 10

resolution approving the Project shall be null and void and of no further effect.

17. VIOLATION OF CONDITIONS: A violation of any of these conditions of approval may result in a termination of the entitlements granted herein. [Condition of Resolution No. 1683]

21. Prior to the issuance of a building permit, all applicable Park and Recreation Facilities Tax required by the Municipal Code shall be paid. [Condition of Resolution No. 1683]

22. APPROVAL RUNS WITH LAND. These conditions shall run with the land and shall remain in full force for the duration of the life of the Project. [Condition of Resolution No. 1683]

23. The Project shall operate at all times in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking, or other actions. [Condition of Resolution No. 1683]

12

Section 8. The Secretary of the Planning Commission shall certify to the passage, approval, and adoption of this resolution, and shall cause this resolution and his/her Certification to be entered in the Book of Resolutions of the Planning Commission of the City.

Adopted: 1RYHPEHU
Peter I. Ostroff
Chair of the Planning Commission of the
City of Beverly Hills
Attest:

Ryan Gohlich, AICP
Secretary of the Planning Commission
Approved as to form: Approved as to content:

David M. Snow Ryan Gohlich, AICP
Assistant City Attorney Assistant Director / City Planner Community Development Department
13

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.

CITY OF BEVERLY HILLS )
I, KAREN MYRON, Recording Secretary of the Planning Commission of the City of Beverly Hills, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. 1927 duly passed, approved and adopted by the Planning Commission of said City at a meeting of said Commission on November 12, 2020, and thereafter duly signed by the Secretary of the Planning Commission, as indicated; and that the Planning Commission of the City consists of five (5) members and said Resolution was passed by the following vote of said Commission, to wit:

AYES: Commissioner Demeter, Vice Chair Gordon, Chair Ostroff NOES: None
ABSTAIN: None
ABSENT: None
RECUSED: Commissioners Hudnut, Licht
________________________________

KAREN MYRON
Recording Secretary of the
Planning Commission
City of Beverly Hills, California

Planning Commission Report
Spring Place Review
April 28, 2022

ATTACHMENT B
Planning Commission Resolution No. 1846
RESOLUTION NO. 1846

A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF BEVERLY HILLS CONDITIONALLYAPPROVThJG AN AMENDMENT TO A DEVELOPMENTPLAN REVIEW FOR ROOFTOP USES AND STRUCTURESFOR THE PROPERTIES LOCATED AT 9800 WILSHIREBOULEVARD AND 121 SPALDING DRIVE (PL18O 1737).

The Planning Commission of the City of Beverly Hills hereby finds, resolves, and determines as follows:

Section 1. Spring Place, through its agent Mitch Dawson (collectively, the “Applicant”), has submitted an application for an amendment to a previously approvedDevelopment Plan Review (“DPR”) for rooftop uses and structures (the “Project”) located at 9800 Wilshire Boulevard and 121 Spalding Drive (the “Project Site”). The Project Site contains two buildings connected by an existing bridge structure. The 9800 Wilshire Boulevard building contains approximately 39,371 square feet of general office uses in three levels, and the 121 Spalding Drive building contains approximately 18,882 square feet of general office uses in a portion of the ground floor and the fourth floor, and parking within two subterranean and three above-ground levels. The proposed Project consists of amendments to permit food and beverage service on the rooftops of both buildings on the Project Site, and to allow guests to utilize the rooftop facilities during the proposed hours of operation from 8:00 AM to 10:00 PM, Monday to Friday, and 9:00 AM to 10:00 PM, Saturday to Sunday, in conjunction with a proposed co-working office use. The co-working office use will operate as a private club, with membership providingaccess to the amenities and office space. The existing rooftop elements approved in the previousDPR (Planning Commission Resolution No. 1683) include unenclosed architectural features (shade canopies), restroom facilities, moveable tables and chairs, radiant heaters, a counter and sink structure, and rooftop useable deck area. The proposed project will utilize approximately 3,500 square feet of accessible rooftop space of the 9800 Wilshire Boulevard building, and approximately 3,360 square feet of accessible rooftop space on the 121 Spalding Drive rooftop.

The proposed minor physical changes to the rooftops include the replacement of an existing bar counter for beverage service on the 9800 Wilshire Boulevard rooftop, and the installation of a new reflecting pooi and expanded access to existing deck space on the 121 Spalding Drive rooftop.

The existing enclosed structures, canopy structures, and other fixed improvements will not be modified, except for a 5 square foot expansion of the elevator mechanical room on the 121 Spalding Drive rooftop.

Section 2. The Development Plan Review that permitted the existing rooftop structures and uses was approved by the Planning Commission on March 14, 2013. The request to allow food and beverage service on the rooftops, and the use of the rooftop amenities by guests of members from 8:00 AM to 10:00 PM, Monday to Friday, and 9:00 AM to 10:00 PM, Saturday to Sunday results in the need for an amendment to the approved Development Plan Review conditions of approval. Condition No. 5 of the previously approved Development Plan Review restricted the use ofthe rooftop by guests to the hours of 7:00 AM to 7:00 PM daily, and Municipal Code Section 10-3-3107 A.1.e. limits food service on the rooftop to vending machines, unless approved by the Planning Commission through a Development Plan Review. The requested amendment to the Development Plan Review modifies these Conditions of Approval with new requirements included as Conditions No. 3 and 4 of this resolution. The modified requirements are summarized as follows:
2 • The outdoor rooftop areas may be used by members of Spring Place and up to three guests of each member between the hours of 8:00 AM to 10:00 PM, Monday to Friday, and 9:00 AM to 10:00 PM, Saturday to Sunday. The outdoor rooftop areas may not be accessed by members, guests or staff thereafter between the hours of 10:00 PM to 8:00 AM on the following weekday, and between the hours of 10:00 PM to 9:00 AM on the following weekend day.
• Food and beverage service may be provided on the rooftop to members of Spring Place and up to three guests of each member between the hours of from 8:00 AM to 10:00 PM, Monday to Friday, and 9:00 AM to 10:00 PM, Saturday to Sunday. Food and beverage service may not be provided thereafter between the hours of 10:00 PM to 8:00 AM on the following weekday, and between the hours of 10:00 PM to 9:00 AM on the followingweekend day.

The applicant is not requesting any other modifications to the existing conditions of approval.

Section 3. The Project has been environmentally reviewed pursuant to 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 environmental guidelines. The Project qualifies for a categorical exemption pursuant to CEQA Guidelines Section 15301 (Class 1). Specifically, the Project involves minor physical andoperational changes of an existing private facility, and is therefore exempt from further review 3 under the provisions of CEQA.

Section 4. Notice of the Project and the public hearing was mailed on May 3, 2018 to all property owners and residential occupants within a 1,000-foot radius plus block face of the property; an on-site notice was posted on the Project Site on May 3, 2018. On May 24,2018, the Planning Commission considered the application at a duly noticed public meeting.

Evidence, both written and oral, was presented at said meeting.

Section 5. In considering the request for an amendment to a Development Plan Review, the Planning Commission considered whether it could make the following findings in support of the Project:

1. The proposed plan is consistent with the general plan and any specific plans adopted for the area;

2. The proposed plan will not adversely affect existing and anticipated development in the vicinity and will promote harmonious development of the area;

4. The proposed plan will not create any significantly adverse traffic impacts, traffic safety hazards, pedestrian-vehicle conflicts, or pedestrian safety hazards; and
4 5. The proposed plan will not be detrimental to the public health, safety, or general welfare.

Section 6. Based on the foregoing, the Planning Commission hereby finds and determines as follows with respect to the Development Plan Review:

1. The proposed plan to permit rooftop uses in conjunction with a co-working office use complies with all applicable goals and policies set forth in the general plan. TheProject will promote continued economic vitality and will support desirable uses that generate additional jobs and revenue in the area. The Project Site is not located within a specific plan area;

2. The proposed plan will add rooftop uses in conjunction with a co-working office use, which will contribute to the harmonious development of the area through theaddition of upscale commercial office uses. The expansion of uses on the rooftop andminor changes to the existing rooftop structures will meet all applicable development standards for rooftops, and will not substantially alter the existing rooftop improvements that are of a high-quality design and material. The Project will operate in compliance with City standards and the Project’s conditions of approval, and as such, will be compatible with adjacent commercial and multi-family residential uses. As conditioned, the proposedplan will not adversely affect existing and anticipated development in the vicinity;

3. The Project Site is located within the Commercial-Residential Transition Area, with the nearest residentially zoned properties located approximately 100 feet from the Project Site. The Project will comply with the applicable Commercial-Residential Transition requirements for operations, development, landscaping, and hours of operation, 5 and the applicant will obtain a Transitional Use License. The Project will contain rooftop uses associated with a co-working office that are consistent with the applicable zoning and general plan designations, and will operate in compliance with City standards designed to mitigate the impacts of commercial uses in proximity to residential uses. As the Project will not substantially change the nature, configuration, location, and manner of operation of the existing rooftop uses, the Project is not anticipated to significantly and adversely interfere with the use and enjoyment of residential properties in the vicinity of the subject property;

4. The proposed plan will not materially alter the current use of the existing lunchroom rooftop facilities with the provision of food and beverage service and additional hours for use of the rooftop by guests of members of the co-working office use. The existing rooftop amenities supplement the existing commercial office uses, and the proposed plan will similarly support the co-working office use. Because the Project will operate in a fundamentally similar manner to the existing office and rooftop uses, and will not intensify the existing use of the Project Site, the Project is not like to result in any significant traffic or safety hazards;

5. The proposed plan for ancillary rooftop amenities will support a high quality co-working office use, and will operate in compliance with all Municipal Code standards related to the public health, safety, and general welfare. As conditioned, the proposed uses and physical improvements associated with the Project will not adversely affect the publichealth, safety, and general welfare. 6 Section 7. Based on the foregoing, the Planning Commission hereby grants the requested Development Plan Review amendment. The following conditions set forth in this resolution incorporate all applicable conditions previously imposed on the Project Site pursuant toPlanning Commission Resolution No. 1683, and delete or modify conditions that are no longer applicable. Therefore, this resolution and the conditions set forth herein shall supersede Planning Commission Resolution No. 1683. The Project is subject to the following conditions:

1. Unless otherwise approved herein, all conditions of approval set forth in Planning Commission Resolution No. 1647, and City Council Resolution No. 12-R-12$90 shall remain in full force and effect. [Condition of Resolution No. 1683]

3. The outdoor rooftop areas shall be restricted to use only by Spring Place co-working office members, and up to three guests of each member between the hours of 8:00 AM and 10:00 PM, Monday to Friday, and 9:00 AM to 10:00 PM, Saturday to Sunday. The outdoor rooftop areas may not be accessed by members, guests or staffthereafter between the hours of 10:00 PM to 8:00 AM on the following weekday, and between the hours of 10:00 PM to 9:00 AM on the following weekend day. Notwithstanding the preceding restrictions, this condition shall not prohibit the Applicant from hosting occasional events on the rooftop later than 10:00 PM for members and up to three guests per member, provided the Applicant submits written 7 notice to the Director of Community Development at least 72 hours in advance of the event, notifying the Director of the date, time, and type of event to be conducted.

In the event that the Director of Community Development determines that the type or frequency of events is resulting in unanticipated impacts, the Director shall have the authority to impose additional conditions on the use ofthe outdoor rooftop areas, and may, at his/her discretion, schedule a public hearing before the Planning Commission to assess the impacts and impose additional conditions. [Condition of Resolution No. 1683 — modified herein]

4. Food and beverage service may be provided on the rooftop to members of Spring Place and up to three guests of each member between the hours of 8:00 AM to 10:00 PM, Monday to Friday, and 9:00 AM to 10:00 PM, Saturday to Sunday. Food and beverage service may not be provided thereafter between the hours of 10:00 PM to 8:00 AM on the following weekday, and between the hours of 10:00 PM to 9:00 AM on the following weekend day. Food preparation shall take place in the kitchen located on the third floor of the 121 Spalding Drive building, and beverage preparation may occur within the rooftop bar structure. Service shallbe conducted by professionally trained wait staff. Occasional buffet food service shall be permitted in conjunction with special events. [New Condition]

6. Exterior lighting intended to illuminate the rooftop areas or structures shall be subject to Architectural Review. The Director of Community Development or his/her designee shall serve as the reviewing authority for any suchexterior lighting request, and may, at his/her discretion, forward requests to the Architectural Commission for consideration. Exterior lighting currently provided and affixed to the rooftop canopy structure shall be maintained, and shielded andoriented so that it does not illuminate areas beyond the bounds ofthe Project Site or towards residential uses. [Condition of Resolution No. 1683 — modified herein]

7. The Project shall operate at all times in compliance with the operational requirements for commercial-residential transition areas enumerated inTitle 10, Chapter 3, Article 19.5 of the Municipal Code. [New Condition]

8. The Project shall operate at all times in compliance with requirements for Noise Regulation enumerated in Title 5, Chapter 1 ofthe Municipal Code. [Condition of Resolution No. 1683 — modified herein]

10. The Applicant shall maintain 134 parking spaces on site at all times, and shall provide valet services Monday to Friday during the hours of operation from 9 8:00 AM to 10:00 PM, or later, if events occur later than 10:00 PM as allowed by Condition No. 3. [New Condition]

11. All landscaping shall be maintained in good condition and in conformance with the Title 10, Chapter 3, Article 30 of the Municipal Code at all times. [New Condition]

12. The Planning Commission reserves jurisdiction relative to traffic, parking, loading, and noise issues and the right to impose additional conditions as necessary to mitigate any other unanticipated impacts caused by the proposed Project as they arise. In the event that the Project is found to result in anyunanticipated impacts and a hearing is scheduled to review the Project, the full cost ofthe review hearing and implementation of any additional conditions or mitigations measures shall be paid for by the Applicant. [New Condition]

13. Each member of Spring Place shall comply with the Business Tax Registration requirements set forth in Title 3, Chapter 1, Article 2 of the Municipal Code. [New Condition]

14. EXPIRATION. Development Plan Review: The exercise of rights granted in such approval shall be commenced within three (3) years after theadoption of such resolution. [Condition of Resolution No. 1683]

15. APPEAL. Decisions of the Planning Commission may be appealed to the City Council within fourteen (14) days of the Planning Commission action by filing a written appeal with the City Clerk. Appeal forms are available in the City Clerk’s office. Decisions involving subdivision maps must be appealed within ten 10 (10) days ofthe Planning Commission Action. An appeal fee is required. [Condition of Resolution No. 1683]

16. RECORDATION. The resolution approving the amendment to a Development Plan Review shall not become effective until the owner of the Project site records a covenant, satisfactory in form and content to the City Attorney, accepting the conditions of approval set forth in this resolution. The covenant shall include a copy of the resolution as an exhibit. The Applicant shall deliver the executed covenant to the Department of Community Development within 60 days of the Planning Commission decision. At the time that the Applicant delivers the covenant to the City, the Applicant shall also provide the City with all fees necessary to record the document with the County Recorder. If the Applicant fails to deliver the executed covenant within the required 60 days, this resolution approving the Project shall be null and void and of no further effect. Notwithstanding the foregoing, the Director of Community Development may, upon a request by the Applicant, grant a waiver from the 60-day time limit if, at the time of the request, the Director determines that there have been no substantial changes to any federal, state, or local law that would affect the Project. [Condition of Resolution No. 1683]

17. VIOLATION OF CONDITIONS: A violation of any of these conditions of approval may result in a termination ofthe entitlements granted herein. [Condition of Resolution No. 1683]

18. This approval is for those plans submitted to the Planning Commission on May 24, 2018, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, 11 except as otherwise specified in these conditions of approval. [Condition of Resolution No. 1683]

19. Minor amendments to the plans shall be subject to approval by the Director of Community Development. A significant change to the approved Project shall be subject to Planning Commission Review. Construction shall be inconformance with the plans approved herein or as modified by the PlanningCommission or Director of Community Development. [New Condition]

20. Project Plans are subject to compliance with all applicable zoning regulations, except as may be expressly modified herein. Project plans shall be subject to a complete Code Compliance review when building plans are submittedfor plan check. Compliance with all applicable Municipal Code and General PlanPolicies is required prior to the issuance of a building permit. [Condition of Resolution No. 1683]

21. Prior to the issuance of a building permit, all applicable Park and Recreation facilities Tax required by the Municipal Code shall be paid. [Conditionof Resolution No. 1683]

22. APPROVAL RUNS WITH LAND. These conditions shall run with the land and shall remain in full force for the duration of the life of the Project. [Condition of Resolution No. 1683]

23. The Project shall operate at all times in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking, or other actions. [Condition of Resolution No. 1683]
12 Section 8. The Secretary of the Planning Commission shall certify to the passage, approval, and adoption of this resolution, and shall cause this resolution and his/her Certification to be entered in the Book of Resolutions of the Planning Commission of the City.

Attest:

AICP
Adopted: May 24, 2018
Approved as to form: Approved as to content:

Dvi’a M. SnoviAssistant City Attorney
Ry’11ich, AICPAsifnt Director / City Planner
Community Development Department
1ylohlich,
S.erary of the Planning Commission
13 STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.CITY OF BEVERLY HILLS )I, KAREN MYRON, Recording Secretary of the Planning Commission of the City ofBeverly Hills, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. 1846 duly passed, approved and adopted by the Planning Commissionof said City at a meeting of said Commission on May 24, 2018, and thereafter duly signed by the Secretary of the Planning Commission, as indicated; and that the PlanningCommission of the City consists of five (5) members and said Resolution was passed by the following vote of said Commission, to wit:

AYES: Commissioners Ostroff, Shooshani, Block, Chair Gordon NOES: None
ABSTAIN: NoneABSENT: NoneRECUSED: Vice Chair Licht
KcRecording Secretary of thePlanning Commission
City of Beverly Hills, California
Planning Commission Report
Spring Place Review
April 28, 2022

ATTACHMENT C
Planning Commission Resolution No. 1647
RESOLUTION NO. 1647
A RESOLUTION OF TilE PLANNING COMMISSION OF TilE
CITY OF BEVERLY H1LLS CONDIHONALLY APPROVINGA DEVELOPMENT PLAN REVIEW AND RECOMMENDING APPROVAl OF AN FNCROA( [IMEN F Pt RMII ANI)
PARTIA[ All EY VACATION TO Al I OW 1111

DEMOLITION OF AN EXISTING PARKING STRUCTURE

ANI) CONSTRUCTION OF A NEW OFFICE BUILDING ON
THE PROPERTY LOCATED AT 121 SPALDING DRIVE.

The Planning Commission of the City of Beverly Hills hereby finds, resolves and determines as follows:

Section 1. The Gores Group. through its agent Tom Levyn. has submitted an application to allow the demolition of an existing parking structure, with subsequent construction of a new office building with parking facilities (the “Project”). The proposed Project consists of the demolition of an existing 3-level parking structure, and the construction of a new 4-level (above-grade) commercial building containing a mix of parking and general office uses. The existing parking structure that is proposed for demolition provides parking for the adjacent office building located at 9800 Wilshire Boulevard, which requires replacement parking to be provided within the proposed Project. Therefore, the proposed Project includes a total of 5 levels of parking (2 subterranean and 3 above-grade). The portion of the Project’s ground floor that fronts on Spalding Drive contains general office space, and the entire fourth floor is made up of general office space. The total floor area of proposed office uses is approximately 9,000 square feet.

The proposed Project is a code-compliant 45 feet in height (not including allowable rooftop elements), and includes a proposal to realign and widen the existing 15-foot-wide east-west alley to 20 feet. In addition to the proposal to realign and widen the alley, the Applicant has proposed specific encroachments within the alley right-of-waY. The encroachments include a subterranean encroachment under the alley for parking purposes. and an above-grade encroachment to allow abridge connection between the top floor of the proposed Project and the top floor of the existing 980() Wilshire Boulevard office building.

Section 2. The request to demolish the existing parking structure and construct a new office building results in the need for specific entitlements as follows:

1. Development Plan Review. A Development Plan Review is required for the construction of any new structure that has a floor area of 2,500 square feet or more. Accordingly, the Applicant seeks a Development Plan Review in order to construct the proposed Project;

2. Alley Vacation. In order to accommodate remodeling of the adjacent 9800 Wilshire Boulevard office building and the installation of a stone veneer along the alley-facing building wall (which would otherwise encroach into the alley), the Applicant proposes that the City realign thealley by vacating approximately 1 foot of width along the northern edge of the east-west alley. The 1 foot of width lost due to vacation wouldbe offset by an approximately 6-foot dedication of land for alley purposes along the southern edge of the east-west alley. The resultwould be a 20-foot wide alley; and

3. Encroachment Permit. The Applicant proposes a subterranean alley encroachment for parking purposes, and an above-grade encroachment 2 for a bridge connection between the proposed Project and the 9800 Wilshire Boulevard office building.

Section 3. The Project has been environmentally reviewed pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000, ci seq.(“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 ci seq.), and the City’s environmental guidelines. A Class 32 Categorical Exemption has been issued pursuant to CEQA Guidelines Section 15332 (infill development) because theProject meets the following environmental criteria:
(a) The Project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoningdesignation and regulations; (b) The proposed development occurs within city limits on a Project site of no more than 5 acres substantially surrounded by urban uses; (c) The project site has no value as habitat for endangered, rare, or threatened species;
(d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and
(e) The site can be adequately served by all required utilities and public services.

The Project complies with the above-referenced criteria, based on the following information:
3 (a) The Project has been tbund to he consistent with the applicable general plan land use designation and all applicable general plan policies.

Additionally. the Project has been reviewed fhr conformance with the applicable zoning designation and all zoning regulations and development standards.
(h) The Project is located at 121 Spalding Drive, which is located within the City of Beverly Hills city limits. Additionally, the Project site issubstantially surrounded by urban uses on all sides, and the Project site is approximately 0.28 acres in size, which is well within the required 5-acre limit.
(c) The Project site was previously developed with a three-level parking structure, and has remained as such until present day. Because the Projectsite is already developed with a commercial building, the site does not hold any value as habitat for endangered, rare, or threatened species. (d) A traffic study was prepared in conjunction with the Project, which found that based on the anticipated trip generation of the office uses, the Project will not generate any significant impacts related to traffic. Additionally, a study was prepared to analyze potential impacts related to noise, air quality, and water quality. The study found that minor. short-term impactsmay be generated during construction of the Project, but that once complete. the Project would not generate any significant impacts related to noise, air quality, or water quality.
4 (e) Because the Project site has been previously developed, and is consistent with the requirements of the general plan. it can he adequately served byall required utilities and public services.

Section 4. Notice of the Project and the public hearing held concerning the Project was mailed on July 2. 2012 to all property owners and residential tenants within a 300-foot radius of the property. On July 12, 2012, the Planning Commission considered the application at a duly noticed public meeting. Evidence, both written and oral, was presented at said meeting.

Section 5. In considering the request for a Development Plan Review, the Planning Commission may approve the l)evelopment Plan Review ifthe Commission finds as follows:

1. The proposed plan is consistent with the general plan and any specific plans adopted for the area;

2. The proposed plan will not adversely affect existing and anticipated development in the vicinity and will promote harmonious development of the area;

3. The nature, configuration, location, density, height and manner of operation of any commercial development proposed by the plan will not significantly andadversely interfere with the use and enjoyment of residential properties in the vicinity of the subject property;

4. The proposed plan will not create any significantly adverse traffic impacts, traffic safety hazards, pedestrian-vehicle conflicts, or pedestrian safety hazards; and

5. The proposed plan will not be detrimental to the public health, safety or general welfare.
5 cti Based on the foregoing, the Planning Commission hereby finds and determines as Follows regarding the Development Plan Review:

1. The proposed plan complies with all applicable goals and policies set ftrth in the general plan, and allows for the establishment of a new office and parking facility that will contain desirable uses and generate additional jobs and revenue in the area. The proposed plan is not located within a specific plan area;

2. The proposed plan replaces an aging parking structure with a modern office building and parking facility. The Project utilizes high quality design and materials, and meets all applicable development standards. Therefore, the Project will be a harmonious addition to the area that will generate high quality jobs without adversely affecting existing and anticipated development in the vicinity of the Project site;

3. Residential properties are located a minimum of 100 feet away from the Project site. The Project will contain general office and parking uses consistent with the applicable zoning and general plan designations. Because the Project is separated from residential uses and is compliant with all applicable City standards, the Project is not anticipated to significantly and adversely interfere with the use andenjoyment of residential properties in the vicinity of the subject property;

4. A traffic analysis has been prepared for the Project, and the analysis demonstrates that the Project will not result in any significant traffic or safety hazards.Furthermore, the Project eliminates an existing driveway on Spalding Drive, 6 which will reduce interference and potential pedestrian conflicts with the sidewalk; and

5. The proposed plan is consistent with all applicable City standards, and serves to update an existing commercial property with new, high quality development.Therefore, the Project is anticipated to be a benefit to the public health, safety,and general welfare.

Section 7. In considering the request for alley vacation and alley encroachments, the Planning Commission may recommend that the City Council approve the vacation if theCommission finds as follows:

1. The proposed alley vacation and alley encroachments are consistent with the General Plan.

Section 8. Based on the foregoing, the Planning Commission hereby finds and determines as follows regarding the alley vacation and alley encroachments:

1. The alley vacation and alley encroachments further the goals and policies of the City by allowing the City to enhance an existing commercial property and attractan important commercial asset while continuing to provide sufficient access and circulation in and around existing and future developments. Specifically, vacationof a portion of the existing 15-foot wide alley and establishment of a realigned 20-foot wide alley is consistent with General Plan Policy LU 5.6, which states:
7 Alleys. Maintain existing neighborhood alleys as alternate, safe, well maintained access points to homes that also reduce curb cuts, driveways. and associated pedestrian-automobile conflicts.”
The Project provides a new, wider alley as a replacement to the existing alley, andthus maintains the City’s alley system as an alternate, safe, well maintained access point to properties. Additionally, the proposed alley encroachments do notinterfere with the safe operation of the alley, and are therefore consistent with the goals and policies ofthe general plan.

SectioIL Based on the foregoing, the Planning Commission hereby grants the requested Development Plan Review and recommends approval of the alley vacation and alley encroachments, subject to the following conditions:

Project-Specific Conditions

1. The approvals to construct a new office building and parking garage shall not become effective unless and until the proposed alley vacation, alley dedication, and encroachment permit for above- and below-grade alley encroachments have been reviewed and approved by the City Council.

2. The portion of existing alley to be vacated shall not be abandoned or closed to vehicular circulation unless and until the proposed new alley has been constructedand is operational.

3. Vacation of the northern strip of the east-west alley shall be conducted in accordance with the Streets and Highways Code Section 8300 et seq. 8 4. The parking and drive aisle configuration within the Project shall be subject to final review and approval by the Citys Transportation Engineer prior to the issuance ofbuilding permits.

5. Free on-site parking shall be provided to all employees ol the Project.

6. The Applicant has agreed to construct a temporary wall along the north side of the pool area at the adjacent Mosaic Hotel to assist in addressing noise and dust fromconstruction activities. The temporary wall would be constructed in advance of demolition activities on the project site, and would incorporate sound insulationmaterials.

7. The Applicant shall submit a construction management plan to the City for review and approval prior to the issuance of any building permits. To the maximum extent feasible, the construction management plan shall identify Project timelines and staging, and shall identify methods for reducing noise impacts. At a minimum, theconstruction management plan shall schedule higher impact construction activities (those that generate the most noise) to occur between the hours of 9:30 AM and 4:30 PM, unless otherwise approved by the Director of Community Development.

8. The Applicant shall establish a construction coordinator. The construction coordinator shall be responsible for ensuring satisfactory compliance with allconstruction conditions set forth in this resolution. Contact information for the construction coordinator shall be posted at the Project site, and the construction coordinator shall be available to answer questions regarding the Project and respond to any complaints generated by the Project’s construction. 9 9. The Applicant shall submit a worker parking management plan to the City for review and approval prior to the issuance of any building permits. To the maximum extent feasible, all worker parking shall be accommodated on the Project site. During any demolition and construction activities when construction worker parking cannot be accommodated on the Project site, the plan shall identify alternate parking locationsfor construction workers and method of transportation to and from the Project site.

10. All diesel equipment shall be operated with closed engine doors, and shall be equipped with factory-recommended mufflers,
ii. Electrical power shall be used to run air compressors and similar power tools, and to power any temporary structures such as construction trailers or caretaker facilities.

12. Not more than two pieces of diesel equipment shall be operated at the Project site at any one time.

13. Water trucks shall be used during demolition and construction to keep all areas of vehicle movements damp enough to prevent dust from leaving the site. At a minimum, this will require three daily applications (once in the morning, once atmidday, and once at the end of the workday). Increased watering shall be required whenever wind speed exceeds 15 mph. Grading shall be suspended if wind gusts exceed 25 mph.

Standard Conditions

14. APPEAL. Decisions of the Planning Commission may be appealed to the City Council within fourteen (14) days of the Planning Commission action by filing a written appeal with the City Clerk. Appeal forms are available in the City Clerk’s 10 of lice. Decisions involving subdivision maps must be appealed within ten (10) days of the Planning Commission Action. An appeal fee is required.

15. RECORDATION. The resolution approving the Development Plan Review shall not become effective until the owner of the Project site records a covenant, satisfactory in ft)rrn and content to the City Attorney, accepting the conditions of approval set forth in this resolution. The covenant shall include a copy of the resolution as an exhibit.The Applicant shall deliver the executed covenant to the Department of Community l)evelopment within 60 days of the Planning Commission decision. At the time that the Applicant delivers the covenant to the City, the Applicant shall also provide the City with all fees necessary to record the document with the County Recorder. If the Applicant fails to deliver the executed covenant within the required 60 days, this resolution approving the Project shall be null and void and of no further effect.

Notwithstanding the foregoing, the Director of Community Development may, upon a request by the Applicant, grant a waiver from the 60 day time limit if, at the time of the request, the Director determines that there have been no substantial changes to any federal, state. or local law that would affect the Project.

16. EXPIRATION. Development Plan Review: The exercise of rights granted in such approval shall be commenced within three (3) years after the adoption of such resolution.

17. VIOLATION OF CONDITIONS. A violation of any of these conditions of approval may result in a termination of the entitlements granted herein.

18. This approval is for those plans submitted to the Planning Commission on July 12, 2012, a copy of which shall be maintained in the files of the City Planning Division. 11 Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval.

19. Project Plans are subject to compliance with all applicable zoning regulations, except as may be expressly modified herein. Project plans shall be subject to a completeCode Compliance review when building plans are submitted for plan check.Compliance with all applicable Municipal Code and General Plan Policies is required prior to the issuance of a building permit.

20. APPROVAL RUNS WITH THE LAND. These conditions shall run with the land, and shall remain in full force for the duration ofthe life ofthe Project.

21. Prior to the issuance of a building permit, all applicable Park and Recreation Facilities Taxes required by the Municipal Code shall be paid.

22. The Project shall operate at all times in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking, or other actions.

23. The Project shall operate at all times in compliance with Municipal requirements for Noise Regulation.

24. The Applicant shall remove and replace all public sidewalks surrounding the Project site that are rendered defective as a result of Project construction.

25. The Applicant shall remove and replace all curbs and gutters surrounding the Project site that are rendered defective as a result of Project construction.

26. The Applicant shall protect all existing street trees adjacent to the subject site during construction of the Project. Every effort shall be made to retain mature street trees.

No street trees, including those street trees designated on the preliminary plans, shall 12 he removed and/or relocated unless written approval from the Recreation and Parks [)epartment and the City Engineer is obtained.

27. Removal and/or replacement of any street trees shall not commence until the Applicant has provided the City with an improvement security to ensure theestablishment of any relocated or replaced street trees. The security amount shall be determined by the Director of Recreation and Parks. and shall be in a form approved by the City Engineer and the City Attorney.

28. The Applicant shall provide that all roof and/or surface drains discharge to the street.

All curb drains installed shall be angled at 45 degrees to the curb face in the direction of the normal street drainage flow. The Applicant shall provide that all groundwater discharges to a storm drain. All ground water discharges must have a permit (NPDES) from the Regional Water Quality Control Board. 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. No concentrated discharges onto the alley surfaces will be permitted.

29. The Applicant shall provide for all utility facilities, including electrical transformers required for service to the proposed structure(s), to be installed on the subject site.

No such installations will be allowed in any City right-of-way.

30. The Applicant shall underground, if necessary, the utilities in adjacent streets and alleys per requirements ofthe Utility Company and the City.

31. The Applicant shall make connection to the City’s sanitary sewer system through the existing connections available to the subject site unless otherwise approved by the City Engineer, and shall pay the applicable sewer connection fee. 13 32. The Applicant shall make connection to the City’s water system through the existing water service connection unless otherwise approved by the City Engineer. The size, type, and location of the water service meter installation will also require approval from the City Engineer.

33. The Applicant shall provide to the Engineering Office the proposed demolitionlconstruction staging for the Project to determine the amount, appropriateroutes, and time of day of heavy hauling truck traffic necessary for demolition,deliveries, etc., to the subject site.

34. The Applicant shall obtain the appropriate permits from the Civil Engineering Department for the placement of construction canopies, fences, etc., and the construction of any improvements in the public right-or-way, and for use ofthe publicright-of-way for staging andlor hauling certain equipment and materials related to theProject.

35. The Applicant shall remove and reconstruct any existing improvements in the public right-of-way damaged during construction operations.

36. During construction, all items in the Erosion, Sediment, Chemical and Waste Control section of the general construction notes shall be followed.

37. Condensation from HVAC and refrigeration equipment shall drain to the sanitary sewer, not curb drains.

38. All ground water discharges must have a permit (NPDES) from the Regional Water Quality Control Board, Ground water discharges include, but are not limited to, rising ground water and water from garage sumps.
14 jon1Q The Secretary of the Planning Commission shall certify to the passage, approval, and adoption of this resolution, and shall cause this resolution and his/her Certification to be entered in the Book of Resolutions of the Planning Commission of the City.

Adopted: 07/12/2012
Craig Co an, Chair of the PlanningCommi on of the City of Beverly Hills,California Attest:

Secretary
Approved as to form: Approved as to content:
1 i
David M. Snow Michele McGrath
Assistant City Attorney Acting City Planner
15 STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.

CITY OF BEVERLY HILLS )
I, MICHELE MCGRATh, Secretary of the Planning Commission and Acting CityPlanner of the City of Beverly Hills, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. 1647 duly passed, approved and adopted by the Planning Commission of said City at a meeting of said Commission on September 13, 2012. and thereafter duly signed by the Secretary of the Planning Commission, as indicated: and that the Planning Commission of the City consists of five (5) members and said Resolution was passed by the following vote of said Commission. to wit:

AYES: Commissioners Fisher, Yukeison, Cole, Vice Chair Rosenstein, and Chair Corman.

NOES: None.

ABSTAiN: None.

ABSENT: None.
7/ /
q ()J/ //:

MICHELE MCGRATH
Secretary of the Planning Commission /
Acting City Planner
City of Beverly Hills, California
Planning Commission Report
Spring Place Review
April 28, 2022

ATTACHMENT D
City Council Resolution No. 12-R-12890

Planning Commission Report
Spring Place Review
April 28, 2022

ATTACHMENT E
Public Hearing Notice
City of Beverly Hills 455 N. Rexford Drive Beverly Hills, California 90210 p (310) 285-1141 f (310) 858-5966 BeverlyHills.org

NOTICE OF PUBLIC HEARING
DATE: Thursday, April 28, 2022
TIME: 1:30 PM, or as soon thereafter as
the matter may be heard
LOCATION: Commission Meeting Room
280A
Beverly Hills City Hall
455 North Rexford Drive
Beverly Hills, CA 90210
PROJECT ADDRESS: 9800 Wilshire Boulevard & 121
Spalding Drive (At the intersection of Wilshire Boulevard and Spalding Drive)
The Planning Commission of the City of Beverly Hills, at a REGULAR meeting on April 14, 2022, will hold a public hearing beginning at 1:30 PM, or as soon thereafter as the matter may be heard to consider:

Review and Potential Amendment of a Development Plan Review. The Planning Commission will review and potentially amend a previously approved Development Plan Review (DPR) that regulates rooftop uses for the buildings located at 9800 Wilshire Boulevard & 121 Spalding Drive. The rooftop areas of these buildings are primarily utilized by a business called Spring Place, which is a co-working office and private membership club that also occupies offices within the buildings. The Planning Commission previously reviewed the operations of Spring Place at its October 24, 2019 study session, and its November 12, 2020 regular meeting, which resulted in the adoption of Planning Commission Resolution No. 1927 that regulates the rooftop uses and certain operations on the site. Pursuant to Condition No. 12 of said resolution, the Planning Commission has requested to review the operations of Spring Place and their compliance with the conditions of approval as a result of receiving several complaints related to activities on the site, and an active Community Preservation case. At this hearing, the Planning Commission will review all current operations and compliance with the conditions of approval of Resolution No. 1927, and may add or amend other conditions of approval affecting Spring Place’s rooftop operations.

This project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.), and the environmental regulations of the City. Upon review, the project appears to qualify for a Class 1 Categorical Exemption (Existing Facilities) and Class 21 Categorical Exemption (Enforcement - 2 -
Actions by Regulatory Agencies) in accordance with the requirements of Section 15301 and 15321 of the state CEQA Guidelines. The Class 1 exemption is applicable to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The project does not involve any physical development, and will be limited to potential changes in the operational limitations of the rooftop areas on the project site. The Class 21 exemption is applicable to actions taken by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency, including the adoption of an administrative decision or order enforcing or revoking the lease, permit, license, certificate, or entitlement for use or enforcing the general rule, standard, or objective. This project is being reviewed by the Planning Commission to ensure and enforce compliance with a previously issued entitlement, and to potentially revoke and/or modify said entitlement. Accordingly, the Planning Commission will consider a recommendation to find the project categorically exempt, pursuant to Section 15301 and 15321, from further environmental review under CEQA.

How to Participate
Pursuant to Government Code Section 54953(e)(3), members of the Beverly Hills Planning Commission and staff may participate in this meeting via teleconference. In the interest of maintaining appropriate social distancing, members of the public can participate in, watch, or listen to the commission meetings through the following methods:
 In Person: Submit a speaker card to the Recording Secretary at the meeting.  Oral Comment via Phone: Provide oral comment during the meeting by dialing (310) 288- 2288, select Option 1 when prompted. You will be placed on a brief hold, and called upon to make a comment at the appropriate time.
 Video Comment: Provide live video comment during the meeting by joining the virtual meeting: https://beverlyhills-org.zoom.us/my/bevpublic, enter passcode: 90210 when prompted.
 Audio Only: Listen to the meeting live by dialing (310) 288-2288, select Option 2 when prompted.
 Watch LIVE: Live meeting coverage will be available via BHTV Channel 10 on Spectrum Cable and webcast live at www.beverlyhills.org/watchlive.
 Written Comment: Provide comment(s) by sending an email to:
[email protected]
Written comments should identify the Agenda Item Number or Topic in the subject line of the email or letter. In order to have written material included in the Commissioners’ packet, it must be received no later than 8 calendar days before the date of the hearing. Comments that are not included in the packet will be read into the record, with a maximum allowance of 3 minutes per individual comment (approximately 350 words), subject to the Commission's discretion. It is recommended that written comments be submitted prior to the posted meeting date/time. If a comment is received after the agenda item is heard, but before the close of the meeting, the comment will still be included as a part of the record of the meeting, but will not be read into the record.
- 3 -
Any written comments received by end of the day on Tuesday, April 5, 2022 will be attached to the agenda report regarding this item. Any comments received after Tuesday, April 5, 2022, but prior the public hearing, will be distributed to the Commission under separate cover.

According to Government Code Section 65009, if you challenge the City’s action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City, either at or prior to the public hearing. Please note that any comments received prior to or during the public hearing will be considered as part of the public record.

If there are any questions regarding this notice, please contact Chloe Chen, Associate Planner in the Planning Division at (310) 285-1194, or by email at [email protected]. Copies of the project plans and associated application materials are on file in the Community Development Department, and can be reviewed by any interested person at 455 North Rexford Drive, Beverly Hills, CA 90210.

Sincerely:
___________________________
Chloe Chen, Associate Planner
Pursuant to the Americans with Disabilities Act (ADA), the City of Beverly Hills will make reasonable efforts to accommodate persons with disabilities. If you require special assistance, please contact (310) 285-1126 (voice) or (310) 285-6881 (TTY) prior to the meeting for assistance. Providing at least forty-eight (48) hours advance notice will help to ensure availability of services. City Hall, including the Council Chamber and Room 280A is wheelchair accessible. The City Hall Council Chamber and Room 280A are also equipped with audio equipment for the hearing impaired.

Planning Commission Report
Spring Place Review
April 28, 2022

ATTACHMENT F
Letter from City Prosecutor Dated March 2, 2022

DAPEER ROSENBLIT LITVAK LLP

L A W Y E R S
WILLIAM LITVAK*
STEVEN H. ROSENBLIT
KENNETH B. DAPEER
JAMES C. ECKART

ANITA ZUCKERMAN
PATRICIA H. FITZGERALD
CAROLINE K. CASTILLO
ERIC P. MARKUS

JOAN STEVENS SMYTH

JAMES CUNNINGHAM
*managing partner
March 2, 2022

WEST LOS ANGELES OFFICE
11500 W. OLYMPIC BLVD., SUITE 550
LOS ANGELES, CA 90064-1524
TELEPHONE (310) 477-5575
FACSIMILE (310) 477-7090
WRITER’S EMAIL
[email protected]
Giovanni Palacardo [Manager/Responsible Person]
Maximilian Straub [Manager/Responsible Person]
Christian Toraldo [C.E.O./Responsible Person]
SP BH, LLC [Business Owner/Responsible Person]
d/b/a Spring Place
9800 Wilshire Blvd.

Beverly Hills, CA 90212
[Copy Via Email: [email protected] and [email protected] and [email protected]]
Re: Notice of Violations
9800 Wilshire Blvd. and 121 S. Spalding Drive, Beverly Hills City Case No. CP2200100
Gentlemen:

This office represents the city of Beverly Hills as code enforcement attorneys and prosecutors. We enforce the Beverly Hills Municipal Code (“BHMC”).

The City has received complaints concerning disturbances of the peace and nonresident vehicle parking on nearby residential streets that are attributed to your operation of Spring Place.1 This letter is the result of a City investigation in response to those complaints.

Planning Commission Resolution Nos. 1647, 1683, and 1927 granted entitlements for Spring Place’s operations. Condition No. 3 in Resolution No. 1927 states in part as follows:
1 Condition No. 23 in Resolution No. 1927 states as follows: “The Project shall operate at all times in a manner not detrimental to surrounding properties or residents by reason of lights, noise, parking, or other actions.”
Giovanni Palacardo [Manager/Responsible Person]
Maximilian Straub [Manager/Responsible Person]
Christian Toraldo [C.E.O./Responsible Person]
SP BH, LLC [Business Owner/Responsible Person]
d/b/a Spring Place
Re: Notice of Violations
9800 Wilshire Blvd. and 121 S. Spalding Drive, Beverly Hills City Case No. CP2200100
March 2, 2022

Page 2 ends

The outdoor rooftop areas shall be restricted to use only by Spring Place co-working office members and up to three guests of each member …
The rooftop events shown in Appendix 1 to this letter appear to include persons other than members and their guests, which is a violation of Condition No 3.

The events set forth in Appendix 2 indicate that use of Spring Places’ indoor areas was not limited to members and their guests in disregard of Condition No. 52 in Resolution No. 1927 and BHMC Section 4-2-205.3 Your recent partnership with Mattioli Auto Group is a violation of BHMC Section 4-2-205 A. because non-members have the right to use Spring Place’s premises. In that regard, a February 15, 2022 entry in Spring Place’s blog4 states in part as follows:

Mattioli Auto Group (MAG) led by Chairman and CEO
Giacomo Mattioli, is excited to announce the launch of Ferrari Beverly Hills (FBH) Club, an invitation-only lifestyle membership.

FBH Club has formed a strategic partnership with Spring Place, the preeminent private membership club which targets
the fashion, entertainment, and luxury industries.

This exciting new relationship will serve to benefit members of both the Spring Place and Ferrari communities, uniting like-minded people of exceptional entrepreneurial spirit. The two brands share 2 Condition No. 5 states in part as follows: “The co-working offices and ancillary rooftop uses shall operate at all times in compliance with requirements for private Clubs enumerated in Title 4, Chapter 2, Article 2 of the Municipal Code.” 3 BHMC Section 4-2-205 (which is in Title 4, Chapter 2, Article 2) states as follows:
“A. Only bona fide members and their guests shall use, frequent, patronize, or participate in any private club.”
4 https://springplacebeverlyhills.spaces.nexudus.com/en/blog/read/1414955984/ferraribeverly-hills-and-spring-place-announce-new-strategic-partnership.

Giovanni Palacardo [Manager/Responsible Person]
Maximilian Straub [Manager/Responsible Person]
Christian Toraldo [C.E.O./Responsible Person]
SP BH, LLC [Business Owner/Responsible Person]
d/b/a Spring Place
Re: Notice of Violations
9800 Wilshire Blvd. and 121 S. Spalding Drive, Beverly Hills City Case No. CP2200100
March 2, 2022

Page 3 ends

a focus on driving positive impact by creating elegant products for clients who believe that life is about incredible experiences.

Spring Place offers sophisticated venues for its high-profile members and is delighted to offer “Ferraristis”, through FBH Club, access to its locations in Beverly Hills and Manhattan, with plans to launch additional clubs in Europe. Members will have access to exclusive events, private experiences, and a digital community, among other perks.

A Message from Christian Toraldo, CEO of Spring Place:

We are thrilled to partner with Ferrari. Spring Place members are successful, daring and passionate. Our membership aligns nicely with the Ferrari brand, and there will be many synergies for all to enjoy at our current locations in Beverly Hills and Manhattan - and as we expand to new locations internationally.

You are prohibited from allowing non-club members to host parties at Spring Place and from allowing charges to be imposed on attendees.5 Several events that are shown in Appendices 1 and 2 to this notice confirm you violated that prohibition.

You are advertising the availability of Spring Place to the public as a venue for parties/events on your website (https://www.springplace.com/beverlyhills/contact/contact-us) with the recital – “For event inquiries, please contact: [email protected].” Your advertisement sets the stage for violations of BHMC Sections 4-2-202 D. and Section 4-2-205 A. 5 BHMC Section 4-2-202 D. states as follows: “Private parties shall be hosted on the premises by private club members only, and the private club shall not charge a member or the member's guests for the use of the facilities for a private party.” Giovanni Palacardo [Manager/Responsible Person]
Maximilian Straub [Manager/Responsible Person]
Christian Toraldo [C.E.O./Responsible Person]
SP BH, LLC [Business Owner/Responsible Person]
d/b/a Spring Place
Re: Notice of Violations
9800 Wilshire Blvd. and 121 S. Spalding Drive, Beverly Hills City Case No. CP2200100
March 2, 2022

Page 4 ends

You are obligated to control and limit noise at Spring Place and prevent disturbances of the peace to nearby residents. Condition No. 9 of Resolution No. 1927 states as follows:

Any entertainment, live entertainment, live musical
accompaniment to dining, or prerecorded music shall operate at all times in compliance with the requirements for Entertainment Outside the Business Triangle enumerated in Title 10, Chapter 3, Article 27 of the Municipal Code. No speakers or other amplified sound transmission equipment are permitted on the rooftop.

Pertinent provisions in Article 27, Section 10-3-2703, which you must always comply with, are as follows:

B. Live Musical Accompaniment To Dining; Regulations And Restrictions: Except as expressly provided for in subsections D and E of this section, live musical accompaniment to dining is the only form of live entertainment permitted in any area of the city outside the business triangle …
C. Prerecorded Music; Regulations And Restrictions:

Notwithstanding any other provision of this code, prerecorded music may be played inside an establishment outside the business triangle during any hours the establishment is lawfully operating …
D. Live Entertainment; Regulations And Restrictions:

Excluding nonconforming nightclub type activities regulated pursuant to subsection E of this section, any form of live entertainment, including, without limitation, nightclub type activities, other than live musical accompaniment to dining regulated pursuant to subsections A and B of this section, is expressly prohibited outside the business triangle …
Giovanni Palacardo [Manager/Responsible Person]
Maximilian Straub [Manager/Responsible Person]
Christian Toraldo [C.E.O./Responsible Person]
SP BH, LLC [Business Owner/Responsible Person]
d/b/a Spring Place
Re: Notice of Violations
9800 Wilshire Blvd. and 121 S. Spalding Drive, Beverly Hills City Case No. CP2200100
March 2, 2022

Page 5 ends

The Motion-LA event shown in an Instagram posting on Page 11 of this notice reportedly included speakers on the rooftop, which is a violation of Condition No. 9 in Resolution No. 1927. The Karaoke 90210 – By Wade Crescent event of March 25, 2021 (see Appendix 3), which invited attendees to sing “their hearts out” violated Section 10-3-2703, and Condition No. 9.

You are incurring criminal and civil liability for your wrongful actions pursuant to the following provisions of the BHMC:

Section 1-3-103:

A. No person shall violate or fail to comply with any
provision or requirement of this code. Any person who shall violate or fail to comply with any provision or requirement of this code … shall be guilty of a misdemeanor …
Section 10-3-205:

Any use, occupation, building, or structure maintained
contrary to the provisions of this chapter shall constitute a public nuisance. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor …
Please undertake the following actions:

1. Do not violate BHMC Section 4-2-205 again. Effective immediately, ensure that activities and/or events (whether indoors or on the rooftop) only include members and their guests (which must not exceed three in number).

Do not allow Ferrari Beverly Hills (FBH) Club members to enter the premises of Spring Place for any reason.

2. Cancel all scheduled future activities and/or events that invite nonmembers to enter or use indoor or outdoor areas of the subject premises.

Page 6 ends

3. Do not rent your premises, or portions thereof, to non-members at any time (including but not limited to Motion-LA, ACG Los Angeles, and BABC).

Permanently revise your website to delete invitations to the public for event inquiries by March 7, 2022.

4. Do not violate BHMC Section 4-2-202 D. again. Ensure that only members host parties without charges to members or their guests.

5. Comply with Condition No. 9 in Resolution No. 1927, as well as BHMC Section 10-3-2703 at all times going forward.

6. Always adhere to all other entitlement conditions.

Failure to comply with the foregoing requests could result in this office initiating a criminal prosecution against you for misdemeanor offenses of the BHMC in the Los Angeles County Superior Court. Alternatively, this office could proceed with a civil case against you for committing a public nuisance and injunctive/restraining orders in the Los Angeles County Superior Court.

Your failure to comply with entitlement conditions has an additional consequence. Condition No. 17 in Resolution No. 1927 states as follows:

A violation of any of these conditions of approval may result in a termination of the entitlements granted herein.

Property owner GCIP Holdings II, LLC and Alec Gores, its C.E.O., could also incur consequences if you continue to violate the BHMC and entitlement conditions after the date of this letter and they do not enforce the landlord’s lease and state law rights to require your lawful use and occupancy of the premises. The entitlements also run with the land. Accordingly, I am sending a copy of this letter to them.

Page 7 ends

Please respect nearby residents by always operating in accordance with the BHMC and entitlement conditions. Thank you in advance for your cooperation.

Sincerely,
Steven H. Rosenblit
Beverly Hills Code Enforcement Attorney/Prosecutor
Cc: Alec Gores, C.E.O.

GCIP Holdings II, LLC [Property Owner]
6260 Lookout Road, Suite 200
Boulder, CO 80301-3685
Community Development Department
Giovanni Palacardo [Manager/Responsible Person]
Maximilian Straub [Manager/Responsible Person]
Christian Toraldo [C.E.O./Responsible Person]
SP BH, LLC [Business Owner/Responsible Person]
d/b/a Spring Place
Re: Notice of Violations
9800 Wilshire Blvd. and 121 S. Spalding Drive, Beverly Hills City Case No. CP2200100
March 2, 2022

Page 8 ends

APPENDIX 1
Giovanni Palacardo [Manager/Responsible Person]
Maximilian Straub [Manager/Responsible Person]
Christian Toraldo [C.E.O./Responsible Person]
SP BH, LLC [Business Owner/Responsible Person]
d/b/a Spring Place
Re: Notice of Violations
9800 Wilshire Blvd. and 121 S. Spalding Drive, Beverly Hills City Case No. CP2200100
March 2, 2022

Page 9 ends

_______________________________
Giovanni Palacardo [Manager/Responsible Person]
Maximilian Straub [Manager/Responsible Person]
Christian Toraldo [C.E.O./Responsible Person]
SP BH, LLC [Business Owner/Responsible Person]
d/b/a Spring Place
Re: Notice of Violations
9800 Wilshire Blvd. and 121 S. Spalding Drive, Beverly Hills City Case No. CP2200100
March 2, 2022

Page 10 ends

Page 11 ends

Page 12 ends

Page 13 ends

APPENDIX 2
_______________________________
Giovanni Palacardo [Manager/Responsible Person]
Maximilian Straub [Manager/Responsible Person]
Christian Toraldo [C.E.O./Responsible Person]
SP BH, LLC [Business Owner/Responsible Person]
d/b/a Spring Place
Re: Notice of Violations
9800 Wilshire Blvd. and 121 S. Spalding Drive, Beverly Hills City Case No. CP2200100
March 2, 2022

Page 14 ends

Page 15 ends

Page 16 ends

Page 17 ends

APPENDIX 3
Planning Commission Report
Spring Place Review
April 28, 2022

ATTACHMENT G
Police Incident Reports
RLS TO CCHEN CDD 3/4/22 KC825
RLS TO CCHEN CDD 3/4/22 KC825
RLS TO CCHEN CDD 3/4/22 KC825
RLS TO CCHEN CDD 3/4/22 KC825
RLS TO CCHEN CDD 3/4/22 KC825
RLS TO CCHEN CDD 3/4/22 KC825
RLS TO CCHEN CDD 3/4/22 KC825
RLS TO CCHEN CDD 3/4/22 KC825
RLS TO CCHEN CDD 3/4/22 KC825
RLS TO CCHEN CDD 3/4/22 KC825
RLS TO CCHEN CDD 3/4/22 KC825
RLS TO CCHEN CDD 3/4/22 KC825
RLS TO CCHEN CDD 3/4/22 KC825
RLS TO CCHEN CDD 3/4/22 KC825
RLS TO CCHEN CDD 3/4/22 KC825
RLS TO CCHEN CDD 3/4/22 KC825
RLS TO CCHEN CDD 3/4/22 KC825
Planning Commission Report
Spring Place Review
April 28, 2022

ATTACHMENT H
Club Rules
Club Rules
Eligibility
Spring Place membership is offered, subject to the Membership Committee’s sole discretion and all other applicable rules, to persons who are at least 21 years old on or before the date accepted as a Member of Spring Place. By submitting your application for Spring Place membership, you agree to be bound by the terms and conditions of this Membership Agreement, you represent and warrant to us that you are at least 21 years old and that you are authorized to enter into this agreement. Management reserves the right to ask you to present valid identification including, without limitation, government issued picture ID, upon arrival at Spring Place.

Membership Types
Community – Access to all shared club areas across locations including the restaurant, bar and lounge. Participation in weekly programming, social events and all other club activities.

Local – In addition to community members: full access to workspaces and meeting rooms across locations. Access to additional member services such as mail handling.

Resident – In addition: A designated desk in the resident area of your local club Private Offices – Private office members enjoy the benefits of a dedicated private space Membership Terms & Renewal
Terrace – Memberships are for a limited time only and do not renew Community – Memberships are annually and begin on the membership start date.

Membership renewals are automatic and take place on an annual basis after the initial Membership Term. Memberships are non-refundable and cannot be placed on hold.

Local – Memberships have a 3-month commitment term, paid upfront and begin on the Membership start date. Membership renewals are automatic, switching to a month-month basis after the initial 3-month membership term. Memberships are non-refundable and cannot be placed on hold.

Resident – Local – Memberships have a 3-month commitment term, paid upfront and begin on the Membership start date. Membership renewals are automatic, switching to a monthmonth basis after the initial 3-month membership term. Memberships are non-refundable and cannot be placed on hold.

Private Offices – Memberships are annually and begin on the membership start date.

Membership renewals are automatic and take place on an annual basis after the initial Membership Term. Memberships are non-refundable and cannot be placed on hold.

In order to discontinue or change any type of membership, members must provide the club with a 30-day written notice prior to their renewal date. The Membership Committee reserves the right to revoke the membership of any member, at any time, at its sole discretion without providing a reason.

Membership Fees & Deposit
Upon acceptance, a non-refundable initiation fee will be charged.

Any applicable membership fees will be charged either annually or monthly. Monthly Membership fees will be billed on the 1st of every month. Fees will be charged on an automated recurring basis. Failure to maintain adequate credit card authorization or ACH transfer after being notified by Management will result in immediate membership suspension and in the member not being admitted to Spring Place.

Payment
Members are responsible for settling any open balance incurred during each visit to Spring Place. Members shall assume responsibility for open balances of their guests and authorize Spring Place to charge the credit card or ACH attached to their account for any balance left unpaid. Members must maintain a valid form of payment on file with Spring Place.

Outsourced services and products will be posted to the Member’s account as well as any unpaid charges.

Membership Change & Cancellation
Notice of cancellation is required 30 days prior to the last day of the membership term via written notice to [email protected] or
[email protected]. Within that time, all outstanding balances must be settled and any keys or other Spring Place property returned. Membership changes are entirely up to the Membership Committee’s sole discretion.

Member Access via App
Spring Place will provide each Member with access credentials for its iOS or Android App.

Members are required to present their app upon arrival in order to gain access to the Club.

The app is for Members’ use only. Should a non-Member attempt to use a Member’s credentials to get access to the club, membership will be suspended and reviewed by Management.

Guests
Each Member is permitted to invite up to three guests to the social areas, although no guests will be permitted into the Coworking Space or Coworking Lounge. Should Members wish to entertain more than 3 guests at a time, members can book a conference room or request a table reservation with a pre-fixed menu (for groups larger than 8). All guests must sign in at the front desk upon arrival before being granted access to the Club. Guests of Members will not be offered access to the Club until the Member is present. Members must remain with their guests at all times. Members are fully responsible for the conduct and behavior of their guests and for all facilities used by them in the Club. Members should employ fair and proper usage when inviting guests. If the same guest is in the space with a frequency that the Committee considers to be excessive, the Guest may be refused further entry, or may be invited to apply for Membership.

Parking
Beverly Hills: On-site Valet parking is mandatory for all members. Members and guests must utilize valet parking and shall not park on residential side streets while visiting Members at the Club. Parking fees and hours may vary. Please consult the front desk.

Children
All guests under the age of 21 are welcome to dine on the Terrace or in the restaurant on weekends until 7pm. Members are solely responsible for children and must ensure that they are attended at all times while at Spring Place. Children under the age of 21 are not permitted in the club
Pets
No pets will be permitted in the space except for assistance dogs, i.e. dogs individually trained to perform tasks or do work for the benefit of a person with a disability.

Dress code/Attire:

As a premier business club, Spring Place enforces a business casual attire. Sandals, men’s shorts, active and gym wear are not permitted in the space. Members are to inform their guests of these standards before arrival and will be fully responsible for their appearance.

Admittance will not be granted to any member or guest should they not adhere to the dress code.

Food & Beverage
No outside food or beverage will be permitted inside the Club.

Smoking Policy
New York: In compliance with New York Government Article 13-E, Spring Place holds a NoSmoking Policy. No smoking will be permitted inside at any time. Please inquire with the Club regarding designated smoking areas if available. All smoking must be at least 20 feet away from any public entrance. All Members and their guests are to respect the wishes of other Members and their guests regarding smoking and to refrain from doing so when requested. Please note that our no-smoking policy also prohibits the use of electronic nicotine delivery systems (also known as e-cigarettes, e-cigars, e-hookahs, and e-pipes) anywhere that tobacco smoking is prohibited.

Beverly Hills: In compliance with California Government Code Sections 7596-7598, Spring Place holds a No-Smoking Policy. No smoking will be permitted inside at any time. The designated smoking area is on Spalding Drive. All smoking must be at least 20 feet away from any public entrance and in compliance with City of Beverly Hills regulations. All Members and their guests are to respect the wishes of other Members and their guests regarding smoking and to refrain from doing so when requested. Please note that our nosmoking policy also prohibits the use of electronic nicotine delivery systems (also known as e-cigarettes, e-cigars, e-vapes, e-hookahs, and e-pipes) anywhere that tobacco smoking is prohibited.

Mobile Phones, Noise level & Audio Visual
Spring Place Members should be mindful of, and courteous to other members, guests and neighbors and noise in the residential area when it comes to the use of phones. Taking or making phone calls in the shared workspace is not permitted. Members are encouraged to conduct calls, Skype, FaceTime, or video meetings in designated areas. Any audio should be enjoyed with headphones.

Spring Studios (New York)
All studio spaces in the building are private and members are not permitted to enter.

Photos, Social Media & Press
Camera, video and recording devices are prohibited at Spring Place. Spring Place reserves the right to take ownership of any recordings or images used or taken while on the premises. Spring Place has a strict no social media and press policy. No individual Member or guest should post or disclose any private or unauthorized information or image to any social platforms or press outlets at any time. It is the Membership Committee and Management’s full discretion to determine what is appropriate and what is not.

Noncompliance may lead to Membership suspension or termination. Sharing unauthorized information about Spring Place on social media or with the press including, without limitation, identity of any member or guest, is strictly prohibited and grounds for Membership termination.

Spring Place reserves the right to make recordings or images from time to time for the use of promoting the club. Spring Place does so at its sole discretion and without prior notice to members. Spring Place will make an effort to display appropriate signage if recordings occur. All members provide Spring Place with the irrevocable right to use such recordings or pictures in its communication.

Confidentiality
Both Members and staff are held to strict confidentiality standards regarding Members, guests, any event taking place at Spring Place. Any information acquired while at Spring Place’s premises must be kept in the strictest confidence and in conformance with our privacy policy. Please respect the privacy of other individuals and events in the building and refrain from entering in spaces that have been hired. These include, without limitation, conference rooms, private dining and studio spaces.

Beverly Hills: Notwithstanding upon request from the City of Beverly Hills, Spring Place is required to provide its membership list (includes names, addresses, etc.) to the City of Beverly Hills. Spring Place shall not share personal financial information with the City.

Members consent to this required disclosure.

Appropriate Conduct
Spring Place holds sole discretion of entry of any Member or guest. Should the activities of any Member or guest be determined illegal, disruptive, inappropriate or potentially a legal or reputational liability inconsistent with the Terms & Conditions of the Membership Agreement, Spring Place reserves the right to refuse service or entry or to expel such Member or guest from the premises. Conduct conflicting with the terms and conditions set forth herein may result in termination of Membership. Management reserves the right to refuse service and escort patrons off premises at any time for any reason or no reason. No harassment will be permitted at Spring Place. Any such harassment shall be immediately reported to Spring Place Management. If the complaint is justified, the offending party’s Membership may be immediately terminated. Members may not disseminate any information related to Spring Place or its Members or their guests that in any manner violates the statutory or common law privacy rights of other Members or their guests.

Membership Property
While the environment of our club is relaxed and unsuspecting, Spring Place is not liable for any missing or stolen property. Members will be solely responsible for the safety, partial or total loss, damage, theft and security of their personal belongings and those of their guests.

Mail
Local, Resident and Private Office Members may receive personal letters and small packages to the Spring Place address. It is the Member’s responsibility to inquire and retrieve such mail. Any unclaimed personal items will be returned to sender or donated after 14 days from its receipt. No Community or Terrace Member shall receive letters or packages which will be immediately returned to sender or he/she will be required to upgrade his/her membership tier.

Personal Information & Change of Address
We require all active members of Spring Place to have on file current information including: photo, short bio, email, address, phone number and a valid credit card. Members are responsible for promptly updating their personal contact information with Spring Place in order to receive any notices and up-to-date information.

No Tenancy
Membership does not imply tenancy and therefore, in no event shall a landlord-tenant relationship between Spring Place and a Member be deemed. Nor shall any Member have any rights as a tenant.

Beverly Hills Business Tax Registration:

Beverly Hills: The City of Beverly Hills requires that each member of Spring Place shall comply with the Business Tax Registration requirements set forth in Title 3, Chapter 1, Article 2 of the Municipal Code.

Please note that Spring Place is not responsible for your Business Tax Registration. We encourage you to verify your registration status with the City and ensure you are complying upon commencement and for the duration of your membership. In addition, Spring Place provides member information to the City upon request. For questions, please contact the City directly at (310) 285-2424, via email [email protected] or go to www.beverlyhills.org/departments/finance/businesstaxlicense.

Limitation of Liability
To the maximum extent permitted by applicable law, Spring Place shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including, without limitation, damages for intangible losses, resulting from: (a) any use or inability to use Spring Place’s facilities including, without limitation, disruption arising from any cause; or (b) unauthorized access to or alteration of your personal information or membership data. If we are adjudged to be liable by a court or other body of competent jurisdiction to you for any reason whatsoever, you agree and understand that you may not recover damages in excess of the amount of membership fees that you actually paid to us during the year in which the event occurred that gave rise to our liability. The limitations of liability contained in this paragraph are a material part of our agreement to provide Club membership to you.

Release and Indemnity
Members agree to release, waive, discharge, defend, indemnify, and hold Spring Place, its subsidiaries, affiliates, officers, employees, agents, representatives, Members and other third parties harmless from all liabilities, losses, damages, costs, and expenses (including attorneys’ fees) on account of any claim, suit, action, demand, or proceeding made or brought against any such party, or on account of the investigation, defense, or settlement thereof, arising in connection with your Membership in Spring Place, your use of Spring Place’s facilities, and/or your violation of this Membership Agreement, any law or the rights of any third party.

Severability; conflict:

If a court or an arbitrator of competent jurisdiction determines that any provisions, terms or conditions of this Membership Agreement are illegal, unenforceable, or invalid in whole or in part for any reason, the remaining provisions (or portions of them) and obligations shall remain in full force and effect and shall be valid and enforceable to the fullest extent permitted by law. If there is a conflict between the provisions of Spring Place’s Membership Application and this Membership Agreement, the terms of this Membership Agreement shall prevail.

Waiver
The failure of Spring Place to insist upon strict adherence to any term of this Membership Agreement on one or more occasions shall not be considered to be a waiver or deprive Spring Place of the right thereafter to insist upon strict adherence to such term or any other term of this Membership Agreement. In order to be effective, any waiver must be in writing, signed by a duly authorized agent of Spring Place and delivered to the Member.

Force Majeure
Spring Place shall not be liable to any Member, nor may Spring Place be deemed to have defaulted under or breached this Membership Agreement, for any failure or delay in fulfilling or performing any term of this Membership Agreement or any services hereunder due to any of the following causes beyond Spring Place’s reasonable control: (i) acts of God, (ii) flood, fire or explosion, (iii) war, invasion, riot, terrorism, or other civil unrest, (iv) actions, embargoes or blockades in effect on or after the date of this Membership Agreement, (v) action by any governmental authority, (vi) national or regional emergency, (vii) strikes, labor stoppages or slowdowns or other industrial disturbances, (viii) shortage of adequate power or transportation facilities, (ix) wide-spread health emergencies such as epidemics or pandemics, or (x) any other event that is beyond the reasonable control of Spring Place.

Updates to Rules
The Membership Agreement, Club Rules, levels of Membership and benefits may change in the future at any time at the discretion of Spring Place’s Management. Spring Place will communicate any changes to club rules via our website or by other means of communication.

Planning Commission Report
Spring Place Review
April 28, 2022

ATTACHMENT I
Event Programming

Planning Commission Report
Spring Place Review
April 28, 2022

ATTACHMENT J
Member and Guest Check-In Data
DATE Members
1/5/2021 1
1/6/2021 3
1/7/2021 1
1/8/2021 2
1/11/2021 5
1/12/2021 5
1/13/2021 1
1/14/2021 1
1/19/2021 2
1/20/2021 2
1/21/2021 3
1/27/2021 1
1/28/2021 1
2/11/2021 1
2/12/2021 1
2/16/2021 7
2/17/2021 5
2/18/2021 15
2/19/2021 6
2/22/2021 6
2/23/2021 6
2/24/2021 12
2/25/2021 9
2/26/2021 5
3/1/2021 10
3/2/2021 17
3/3/2021 11
3/4/2021 10
3/5/2021 13
3/8/2021 10
3/9/2021 14
3/10/2021 5
3/11/2021 10
3/12/2021 8
3/15/2021 5
3/16/2021 11
3/17/2021 7
3/18/2021 16
3/19/2021 16
3/22/2021 15
3/23/2021 13
3/24/2021 10
3/25/2021 16
3/26/2021 10
3/29/2021 16
3/30/2021 16
3/31/2021 19
4/1/2021 18
4/2/2021 10
4/5/2021 14
4/6/2021 13
4/7/2021 20
4/8/2021 13
4/9/2021 7
4/12/2021 16
4/13/2021 21
4/14/2021 23
4/15/2021 21
4/16/2021 13
4/19/2021 13
4/20/2021 16
4/21/2021 20
4/22/2021 20
4/23/2021 19
4/26/2021 15
4/27/2021 28
4/28/2021 28
4/29/2021 19
4/30/2021 13
5/3/2021 20
5/4/2021 15
5/5/2021 19
5/6/2021 24
5/7/2021 21
5/10/2021 17
5/11/2021 24
5/12/2021 15
5/13/2021 23
5/14/2021 12
5/17/2021 22
5/18/2021 27
5/19/2021 37
5/20/2021 20
5/21/2021 26
5/24/2021 22
5/25/2021 33
5/26/2021 38
5/27/2021 25
5/28/2021 16
6/1/2021 30
6/2/2021 35
6/3/2021 38
6/4/2021 35
6/7/2021 32
6/8/2021 23
6/9/2021 35
6/10/2021 39
6/11/2021 27
6/14/2021 33
6/15/2021 41
6/16/2021 42
6/17/2021 34
6/18/2021 27
6/21/2021 35
6/22/2021 33
6/23/2021 43
6/24/2021 38
6/25/2021 23
6/28/2021 25
6/29/2021 33
6/30/2021 32
7/1/2021 33
7/2/2021 32
7/6/2021 35
7/7/2021 36
7/8/2021 39
7/9/2021 24
7/10/2021
5 7/12/2021 27
7/13/2021 32
7/14/2021 39
7/15/2021 37
7/16/2021 29
7/19/2021 20
7/20/2021 35
7/21/2021 29
7/22/2021 30
7/23/2021 28
7/24/2021
2 7/26/2021 29
7/27/2021 32
7/28/2021 28
7/29/2021 35
7/30/2021 30
7/31/2021
6 8/2/2021 30
8/3/2021 26
8/4/2021 33
8/5/2021 36
8/6/2021 20
8/7/2021
3 8/9/2021 29
8/10/2021 26
8/11/2021 28
8/12/2021 27
8/13/2021 24
8/14/2021
2 8/16/2021 30
8/17/2021 37
8/18/2021 34
8/19/2021 27
8/20/2021 23
8/21/2021
6 8/23/2021 24
8/24/2021 41
8/25/2021 28
8/26/2021 35
8/27/2021 11
8/28/2021
4 8/30/2021 22
8/31/2021 33
9/1/2021 34
9/2/2021 33
9/3/2021 25
9/4/2021
3 9/7/2021 22
9/8/2021 27
9/9/2021 29
9/10/2021 29
9/11/2021
1 9/13/2021 19
9/14/2021 34
9/15/2021 25
9/16/2021 29
9/17/2021 27
9/18/2021
3 9/20/2021 38
9/21/2021 43
9/22/2021 42
9/23/2021 26
9/24/2021 26
9/27/2021 31
9/28/2021 37
9/29/2021 32
9/30/2021 32
10/1/2021 38
10/4/2021 24
10/5/2021 28
10/6/2021 41
10/7/2021 42
10/8/2021 37
10/11/2021 27
10/12/2021 50
10/13/2021 43
10/14/2021 47
10/15/2021 40
10/16/2021
3 10/18/2021 23
10/19/2021 42
10/20/2021 44
10/21/2021 49
10/22/2021 43
10/25/2021 31
10/26/2021 46
10/27/2021 46
10/28/2021 42
10/29/2021 22
11/1/2021 46
11/2/2021 43
11/3/2021 52
11/4/2021 42
11/5/2021 32
11/8/2021 51
11/9/2021 46
11/10/2021 50
11/11/2021 50
11/12/2021 34
11/15/2021 55
11/16/2021 47
11/17/2021 70
11/18/2021 47
11/19/2021 35
11/22/2021 41
11/23/2021 36
11/24/2021 22
11/26/2021
7 11/29/2021 46
11/30/2021 39
12/1/2021 54
12/2/2021 52
12/3/2021 34
12/6/2021 62
12/7/2021 56
12/8/2021 65
12/9/2021 59
12/10/2021 36
12/13/2021 59
12/14/2021 48
12/15/2021 58
12/16/2021 39
12/17/2021 24
12/20/2021 26
12/21/2021 18
12/22/2021 21
12/23/2021
6 12/27/2021 11
12/28/2021 16
12/29/2021 11
12/30/2021 11
1/3/2022 31
1/4/2022 41
1/5/2022 50
1/6/2022 45
1/7/2022 33
1/10/2022 49
1/11/2022 52
1/12/2022 47
1/13/2022 51
1/14/2022 52
1/15/2022
2 1/16/2022
1 1/18/2022 71
1/19/2022 88
1/20/2022 72
1/21/2022 59
1/24/2022 79
1/25/2022 74
1/26/2022 69
Date # of visitors
1/19/2021 1
1/21/2021 2
1/28/2021 1
2/18/2021 22
2/16/2021 7
2/17/2021 3
2/19/2021 9
2/22/2021 11
2/25/2021 8
2/23/2021 6
2/24/2021 6
2/26/2021 4
3/1/2021 6
3/2/2021 7
3/3/2021 6
3/4/2021 13
3/5/2021 9
3/9/2021 6
3/8/2021 15
3/15/2021 10
3/10/2021 1
3/11/2021 9
3/19/2021 36
3/12/2021 6
3/16/2021 15
3/17/2021 7
3/18/2021 13
3/22/2021 15
3/24/2021 17
3/23/2021 12
3/25/2021 43
3/29/2021 27
3/26/2021 8
3/31/2021 26
4/1/2021 12
3/30/2021 16
4/2/2021 13
4/5/2021 17
4/7/2021 57
4/6/2021 15
4/8/2021 23
4/9/2021 6
4/12/2021 8
4/19/2021 21
4/13/2021 19
4/14/2021 31
4/20/2021 15
4/15/2021 25
4/16/2021 28
4/21/2021 28
4/27/2021 25
4/30/2021 24
4/22/2021 54
4/23/2021 2
4/26/2021 11
4/29/2021 22
4/28/2021 58
5/6/2021 44
5/17/2021 21
5/11/2021 27
5/13/2021 53
5/3/2021 33
5/4/2021 12
5/7/2021 23
5/5/2021 52
5/12/2021 34
5/26/2021 65
5/10/2021 20
5/14/2021 31
6/3/2021 88
5/28/2021 22
5/18/2021 24
5/25/2021 41
5/19/2021 69
5/20/2021 42
5/21/2021 39
5/24/2021 16
5/27/2021 71
6/8/2021 21
6/1/2021 34
6/4/2021 54
6/2/2021 36
6/7/2021 30
6/10/2021 38
6/22/2021 38
6/9/2021 28
6/14/2021 56
6/17/2021 89
6/11/2021 60
6/15/2021 48
6/16/2021 57
6/18/2021 69
6/21/2021 34
6/29/2021 43
7/29/2021 39
6/24/2021 54
6/23/2021 74
7/1/2021 55
6/25/2021 51
6/30/2021 50
6/28/2021 24
7/2/2021 30
7/6/2021 36
7/7/2021 69
7/8/2021 50
7/9/2021 20
7/30/2021 62
7/28/2021 30
7/10/2021 7
7/12/2021
8 7/13/2021 25
7/15/2021 37
7/14/2021 64
7/16/2021 27
7/20/2021 32
7/19/2021 8
7/21/2021 41
7/27/2021 21
7/22/2021 47
7/23/2021 23
7/24/2021 6
7/26/2021 42
8/19/2021 26
8/2/2021 16
8/3/2021 31
7/31/2021 5
8/5/2021 41
8/4/2021 46
8/6/2021 19
8/7/2021 4
8/10/2021 30
8/9/2021 19
8/11/2021 34
8/12/2021 41
8/16/2021 23
8/13/2021 21
8/14/2021 2
8/17/2021 34
8/18/2021 52
8/20/2021 13
8/21/2021 14
8/24/2021 30
8/23/2021 21
9/20/2021 19
8/25/2021 25
8/26/2021 36
8/30/2021 14
8/27/2021 18
9/3/2021 24
8/28/2021 2
9/1/2021 26
8/31/2021 25
9/2/2021 14
9/4/2021 2
9/13/2021 14
9/7/2021 4
9/8/2021 14
9/10/2021 15
9/9/2021 16
9/16/2021 17
9/21/2021 24
9/23/2021 76
9/14/2021 23
9/15/2021 16
9/22/2021 34
9/17/2021 8
9/18/2021 6
9/24/2021 21
9/28/2021 63
9/29/2021 45
9/30/2021 27
9/27/2021 7
10/5/2021 22
10/1/2021 20
10/6/2021 23
10/4/2021 8
10/7/2021 25
10/12/2021 15
10/8/2021 11
10/11/2021 9
10/13/2021 27
10/14/2021 28
10/15/2021 18
10/18/2021 19
10/19/2021 21
10/26/2021 67
10/21/2021 42
10/20/2021 42
10/22/2021 20
10/25/2021 9
10/27/2021 33
11/1/2021 23
10/28/2021 31
11/3/2021 43
10/29/2021 9
11/2/2021 25
11/10/2021 47
11/5/2021 15
11/4/2021 23
11/19/2021 15
11/9/2021 20
11/12/2021 23
11/8/2021 22
11/18/2021 27
11/11/2021 28
11/29/2021 15
11/15/2021 21
11/16/2021 59
11/17/2021 63
11/23/2021 25
11/22/2021 20
11/24/2021 9
11/26/2021 3
11/30/2021 27
12/1/2021 23
12/2/2021 46
12/3/2021 11
12/6/2021 17
12/7/2021 25
12/9/2021 30
12/15/2021 19
12/8/2021 26
12/13/2021 6
12/10/2021 14
12/14/2021 42
12/17/2021 6
12/20/2021 4
12/16/2021 14
12/21/2021 2
1/11/2022 32
12/22/2021 7
12/23/2021 3
12/28/2021 4
12/27/2021 1
1/14/2022 42
12/29/2021 4
12/30/2021 1
1/4/2022 17
1/3/2022 13
1/7/2022 12
1/6/2022 14
1/5/2022 17
1/10/2022 31
1/13/2022 25
1/12/2022 45
1/18/2022 68
1/16/2022 1
1/21/2022 66
1/19/2022 84
1/24/2022 55
1/20/2022 68
1/25/2022 55
1/26/2022 47
Planning Commission Report
Spring Place Review
April 28, 2022

ATTACHMENT K
Valet Data – November 2019 – February 2020
TOT Cars:
11/1/19 130
2-Nov4
3-Nov0
4-Nov 137
5-Nov 220
6-Nov 137
7-Nov 195
8-Nov 180
9-Nov7
10-Nov0
11-Nov 94
12-Nov 138
13-Nov 141
14-Nov 170
15-Nov 120
16-Nov 51
17-Nov0
18-Nov 107
19-Nov 154
20-Nov 258
21-Nov 157
22-Nov 110
23-Nov 12
24-Nov0
25-Nov 100
26-Nov 100
27-Nov 35
28-Nov0
29-Nov0
30-Nov0
TOT Cars:
12/1/190
2-Dec 102
3-Dec 120
4-Dec 117
5-Dec 109
TOT Cars:
12/1/190
2-Dec 102
3-Dec 120
4-Dec 117
5-Dec 109
6-Dec 141
7-Dec 21
8-Dec0
9-Dec 165
10-Dec 125
11-Dec 144
12-Dec 147
13-Dec 96
14-Dec6
15-Dec0
16-Dec 124
17-Dec 191
18-Dec 123
19-Dec 130
20-Dec 61
21-Dec0
22-Dec0
23-Dec 29
24-Dec0
25-Dec0
26-Dec 12
27-Dec7
28-Dec2
29-Dec0
30-Dec 13
31-Dec0
TOT Cars:
1/1/200
2-Jan 36
3-Jan 19
4-Jan4
5-Jan0
6-Jan 112
7-Jan 147
8-Jan 125
9-Jan 158
3-Jan 19
4-Jan4
5-Jan0
6-Jan 112
7-Jan 147
8-Jan 125
9-Jan 158
10-Jan 116
11-Jan4
12-Jan0
13-Jan 124
14-Jan 194
15-Jan 176
16-Jan 140
17-Jan 104
18-Jan0
19-Jan0
20-Jan 62
21-Jan 191
22-Jan 154
23-Jan 187
24-Jan 121
25-Jan4
26-Jan0
27-Jan 123
28-Jan 154
29-Jan 138
30-Jan 148
31-Jan 111
TOT Cars:
1-Feb0
2-Feb0
3-Feb 149
4-Feb 154
5-Feb 141
6-Feb 149
7-Feb 146
8-Feb2
9-Feb0
10-Feb 152
11-Feb 154
12-Feb 162
6-Feb 149
7-Feb 146
8-Feb2
9-Feb0
10-Feb 152
11-Feb 154
12-Feb 162
13-Feb 146
14-Feb 72
15-Feb0
16-Feb0
17-Feb 54
18-Feb 138
19-Feb 159
20-Feb 166
21-Feb 128
22-Feb0
23-Feb0
24-Feb 139
25-Feb 197
26-Feb 200
27-Feb 159
28-Feb 135
29-Feb0
Planning Commission Report
Spring Place Review
April 28, 2022

ATTACHMENT L
Condition Compliance Letter Dated July 30, 2020
 Spring Place is in full compliance to these conditions 
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Rooftop access is limited to the described areas at all times Spring Place has set its opening hours accordingly, no events have been held in 2019 that would have required the notification of the DoCD Food and beverages are prepared exclusively in our indoor kitchen.

Food is being served only during opening hours in full compliance to #4 Spring Place operated in full compliance to the requirements for Private Clubs, no ancillary uses have been permitted by Spring Place in the past 
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Spring Place has not equipped the rooftop areas with exterior lighting and as such is in full compliance with #6. No lighting fixtures are planned at his time.

Spring Place is in full compliance to above restrictions Spring Place is in full compliance to above restrictions Spring Place is in full compliance to above restrictions. No music is played on the rooftop, nor is intended to be played going forward Spring Place is in full compliance and maintains 134 parking spaces.  Valet is provided only during larger member gatherings (as per current COVID exception) Landscaping is performed as needed and in a professional manner. 
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If such review hearing and implementation shall arise, Spring Place will bear the full cost of the review hearing and implementation of conditions Each member operating out of Spring Place has been advised of this requirement at the time of contract signing as well as in the Terms & Conditions Owner has submitted an affidavit as agreed on with city counsel  Spring Place is willing and prepared to confirm any own adherence if requested Spring Place is consistent with such plans
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not applicable to date
Spring Place is compliant with all Municipal Code and Plan Policies Spring Place has paid all taxes that have been billed to date Spring Place is operating in a manner according to this requirement Free parking is provided to employees eligible
Spring Place is operating in a manner according to this requirement 
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Spring Place is operating in a manner according to this requirement Only Spring Place members and their guests are eligible for use and use of the club is restricted to these individuals at all times Spring Place instructs guests to follow all regulation at all times 
Spring Place will advise the police department of any party, and has Spring Place will restrict dancing to members and guests, however this has not been applicable in the past (i.e. no dancing) Spring Place does not operate after 10:00 pm or before 8:00 am All Spring Place employees have been receiving identification cards done so for all events in the past (in full compliance - approved by the authorities) 
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Spring Place BH is a subsidiary of Spring Place One Ltd. in New York and has no own corporate officers. There has been no sale of > 10% of assets in the past Spring Place complies with all city, state and federal laws Spring Place maintains an electronic member and visitor list incl. all information required by this restriction
Planning Commission Report
Spring Place Review
April 28, 2022

ATTACHMENT M
Letter Regarding Operations Dated September 30,
2019
Allen Matkins Leck Gamble Mallory & Natsis LLP
Attorneys at Law
1901 Avenue of the Stars, Suite 1800 | Los Angeles, CA 90067-6019 Telephone: 310.788.2400 | Facsimile: 310.788.2410
www.allenmatkins.com
Spencer B. Kallick
E-mail: [email protected]
Direct Dial: 310.788.2417 File Number: 378817-00001/WLA806832.01 Los Angeles | Orange County | San Diego | Century City | San Francisco Allen Matkins
Via Email/U.S. Mail
September 30, 2019
Chair Block & Honorable Commissioners
City of Beverly Hills Planning Commission
455 North Rexford Drive
Beverly Hills, California 90210
c/o Chloe Chen, Assistant Planner
Email: [email protected]
Re: Spring Place Beverly Hills
Planning Commission Hearing – October 24, 2019
Dear Chair Block and Honorable Commissioners,
I write on behalf of my client, Spring Place, which operates an existing co-working office use located at 9800 Wilshire Boulevard and 121 South Spalding Drive (the "Property") in the City of Beverly Hills ("City"). At your June 13, 2019 Planning Commission meeting, Spring Place was before you requesting changes to its existing conditions of approval. That request was withdrawn shortly thereafter. Spring Place is not requesting any entitlements and has no immediate plans to do so in the future.

At your October 24, 2019 study session, the Planning Commission will review Spring Place's Development Plan Review and City staff's report on compliance with existing conditions of approval. The purpose of this letter is to highlight significant voluntary operational changes put in place by new leadership at Spring Place to ensure not only that the club is in compliance with all existing conditions of approval, but also that its operations do not impact its neighbors.

Simply put, the prior leadership at Spring Place did not fully understand how to be in compliance with its conditions of approval. Missteps were made, as with any new business. Under new leadership, Spring Place is now well versed in its conditions of approval and remains very much dedicated to being a positive, active member of the Beverly Hills community for many years to come.

Allen Matkins Leck Gamble Mallory & Natsis LLP
Attorneys at Law
Chair Block & Honorable Commissioners
September 30, 2019

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Beverly Hills City CouncilDecember 6, 2022

Beverly Hills City Council
December 6, 2022