Beverly Hills City Council
August 15, 2023

AGENDA REPORT
Meeting Date: August 15, 2023
Item Number:

To: Honorable Mayor & City Council
From: Andre Sahakian, AICP, Project Manager
Josephina Lee, Management Analyst
Subject: AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND ZF

ALEXANDER, INC FOR DEVELOPER PAID ENVIRONMENTAL

COMPLIANCE AND MONITORING SERVICES FOR PHASE ONE OF
THE ONE BEVERLY HILLS OVERLAY SPECIFIC PLAN PROJECT;
AND

APPROVAL OF A PURCHASE ORDER TO ZF ALEXANDER, INC
FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $583,338.00
Attachments: 1. ZF ALEXANDER, INC. AGREEMENT

RECOMMENDATION
Staff recommends that the City Council approve an agreement between the City of Beverly Hills and ZF Alexander, Inc. and authorize a purchase order in the not-to-exceed amount of $583,338.00 for consulting services to provide environmental compliance monitoring and specialty testing services for the One Beverly Hills Overlay Specific Plan project. All costs associated with environmental compliance and monitoring will be borne by the project applicant.

INTRODUCTION
The One Beverly Hills Overlay Specific Plan project includes the renovation and construction of multiple residential and commercial buildings containing approximately

1.9 million square feet of floor area. The project includes up to 340 condo units, a new luxury hotel, renovation of the existing Beverly Hilton Hotel, and 12.7 total acres of open space, of which approximately 4.5 acres will be publicly accessible botanical gardens.

Construction of the entire project is anticipated to last at least four years.

Meeting Date: August 15, 2023

The City Council’s approval of the project included over 100 conditions and over 60 mitigation measures that were necessary to make the required findings and comply with the California Environmental Quality Act. Among these conditions is a requirement for the City to hire an Environmental Compliance Monitor (ECM) whose role would be to assist the City in ensuring compliance with all construction-related conditions of approval and mitigation measures. Additionally, the conditions require the hiring of specialty noise and air quality consultants to provide testing and monitoring related to the required mitigation measures. Although the consultants would be hired by and work for the City, the conditions require the developer to pay all associated costs.

DISCUSSION
Due to the specialized nature of the services being provided, City staff solicited proposals from five consultants: ZF Alexander, Inc; Rincon Consultants; Enter Environments Inc; Shannon & Wilson; and Ramboll Environ, Inc. Of the consultants solicited, ZF Alexander, Inc was the sole responder. Nevertheless, they were selected due to their extensive prior experience providing these same services to the City as well as their knowledge of this particular site. ZF Alexander, Inc also provided ECM services for the construction of the Waldorf Astoria hotel and the 9200 Wilshire mixed-use project and is currently providing ECM and specialty testing services for early works and utility relocation related to the One Beverly Hills project. The specialty testing subconsultants identified in ZF Alexander Inc.’s proposal also demonstrated the necessary experience and qualifications to perform the services required.

This contract for ECM and specialty testing services is intended to cover early phases of the One Beverly Hills Overlay Specific Plan project, which includes relocation of utilities, modifications to the Beverly Hilton Hotel, and grading, shoring, and structural work for the basement level of the overall project up to datum level. As project construction progresses in subsequent years, continued services will be required, and additional contracts will be brought forth to the City Council for approval as needed.

FISCAL IMPACT
The full amount of the contract was collected on July 26th, 2023. The cost of providing these services will be borne by the applicant team, and general fund reserves will not be drawn down to fund this scope of services.

Jeffrey Lambert, FAICP
Interim Director of Community Development
Approved By
Attachment 1
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AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND ZF

ALEXANDER, INC FOR DEVELOPER PAID ENVIRONMENTAL

COMPLIANCE AND MONITORING SERVICES FOR PHASE ONE

OF THE ONE BEVERLY HILLS OVERLAY SPECIFIC PLAN

PROJECT
NAME OF CONSULTANT: ZF Alexander, Inc.

RESPONSIBLE PRINCIPAL OF CONSULTANT: Zara Farimani, President CONSULTANT’S ADDRESS: 822 Westholme Avenue
Los Angeles, CA 90024
Attention: Zara Farimani, President
CONSULTANT’S E.I.N./TAX I.D. NO.: 82-4050905
CITY’S ADDRESS: City of Beverly Hills
345 Foothill Road
Beverly Hills, CA 90210
Attention: Jeffrey Lambert, FAICP, Interim
Director of Community Development
COMMENCEMENT DATE: August 15, 2023
TERMINATION DATE: August 15, 2024, unless extended pursuant to Section 2 of this Agreement
CONSIDERATION: Total Not to Exceed: $583,338.00, as more particularly described in Exhibit B
DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 2 B0785-0001\2824897v3.doc

AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND ZF

ALEXANDER, INC FOR DEVELOPER PAID ENVIRONMENTAL

COMPLIANCE AND MONITORING SERVICES FOR PHASE ONE

OF THE ONE BEVERLY HILLS OVERLAY SPECIFIC PLAN

PROJECT
THIS AGREEMENT is made by and between the City of Beverly Hills (hereinafter called “CITY”) and ZF Alexander, Inc. (hereinafter called “CONSULTANT”).

RECITALS
A. CITY desires to have certain services and/or goods provided as set forth in Exhibit A (the “Scope of Work”), attached hereto and incorporated herein. of Work.

B. CONSULTANT represents that it is qualified and able to perform the Scope NOW, THEREFORE, the parties agree as follows:

Section 1. Scope of Work.
(a) CONSULTANT’s Scope of Work. CONSULTANT shall perform the Scope of Work described in Exhibit A in a manner satisfactory to CITY and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. CITY shall have the right to order, in writing, changes in the Scope of Work. Any changes in the Scope of Work by CONSULTANT must be made in writing and approved by both parties. The cost of any change in the Scope of Work must be agreed to by both parties in writing.

Section 2. Time of Performance.

CONSULTANT shall commence its services under this Agreement upon the Commencement Date on the cover page or upon a written receipt of a notice to proceed from CITY. CONSULTANT shall complete the performance of services by the Termination Date set forth on the cover page.

The City Manager or her designee may extend the time of performance in writing for two additional one-year terms or such other term not to exceed two years from the date of termination pursuant to the same terms and conditions of this Agreement.

Section 3. Compensation.
(a) Compensation
CITY agrees to compensate CONSULTANT for the services and/or goods provided under this Agreement, and CONSULTANT agrees to accept in full satisfaction for such services, a sum not to exceed the Consideration set forth above and more particularly described in Exhibit B, attached hereto and incorporated herein.

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(b) Expenses
CONSULTANT shall be entitled to reimbursement only for those expenses expressly set forth in Exhibit B. Any expenses incurred by CONSULTANT which are not expressly authorized by this Agreement will not be reimbursed by CITY. (c) Additional Services. CITY may from time to time require CONSULTANT to perform additional services not included in the Scope of Work. Such requests for additional services shall be made by CITY in writing and agreed upon by both parties in writing.

Section 4. Method of Payment. CITY shall pay CONSULTANT said Consideration in accordance with the method and schedule of payment set forth in Exhibit B.

Section 5. Independent Contractor. CONSULTANT is and shall at all times remain, as to CITY, a wholly independent contractor. Neither CITY nor any of its agents shall have control over the conduct of CONSULTANT or any of CONSULTANT’s employees, except as herein set forth.

CONSULTANT shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.

Section 6. Assignment. This Agreement shall not be assigned in whole or in part, by CONSULTANT without the prior written approval of CITY. Any attempt by CONSULTANT to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.

Section 7. Responsible Principal(s)
(a) CONSULTANT’s Responsible Principal set forth on the cover page shall be principally responsible for CONSULTANT’s obligations under this Agreement and shall serve as principal liaison between CITY and CONSULTANT. Designation of another Responsible Principal by CONSULTANT shall not be made without prior written consent of CITY. (b) CITY’s Responsible Principal shall be the City Manager or his designee set forth above who shall administer the terms of the Agreement on behalf of CITY.

Section 8. Personnel. CONSULTANT represents that it has, or shall secure at its own expense, all personnel required to perform CONSULTANT’s Scope of Work under this Agreement. All personnel engaged in the work shall be qualified to perform such Scope of Work.

Section 9. Permits and Licenses. CONSULTANT shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.

Section 10. Interests of CONSULTANT. CONSULTANT affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Scope of Work contemplated by this Agreement. No person having any such interest shall be employed by or be associated with CONSULTANT.

Section 11. Insurance.
(a) CONSULTANT shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:

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(1) A policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by CONSULTANT.
(2) A policy or policies of Comprehensive Vehicle Liability Insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence combined single limit, covering any vehicle utilized by CONSULTANT in performing the Scope of Work required by this Agreement. (3) Workers’ compensation insurance as required by the State of California.
(4) A policy or policies of Professional Liability Insurance (errors and omissions) with minimum limits of One Million Dollars ($1,000,000) per claim and in the aggregate.

Any deductibles or self-insured retentions attached to such policy or policies must be declared to and be approved by CITY. Further, CONSULTANT agrees to maintain in full force and effect such insurance for one year after performance of work under this Agreement is completed. (b) CONSULTANT shall require each of its sub-contractors to maintain insurance coverage which meets all of the requirements of this Agreement. (c) The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a A+;VII in the latest edition of Best’s Insurance Guide.
(d) CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONSULTANT’s expense, the premium thereon.
(e) At all times during the term of this Agreement, CONSULTANT shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insurance on the form set forth in Exhibit C, attached hereto and incorporated herein, showing that the aforesaid policies are in effect in the required amounts. CONSULTANT shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate or certificates. The general liability insurance shall contain an endorsement naming the CITY as an additional insured. (f) The general liability and vehicle liability policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to CITY, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in the Agreement.
(g) The insurance provided by CONSULTANT shall be primary to any coverage available to CITY. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation.
(h) Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, CONSULTANT shall either reduce or eliminate the DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 5 B0785-0001\2824897v3.doc
deductibles or self-insured retentions with respect to CITY, or CONSULTANT shall procure a bond guaranteeing payment of losses and expenses.
(i) The insurance coverage amounts required under the Agreement do not limit CITY’s right to recover against CONSULTANT and its insurance carriers.

Section 12. Indemnification.
(a) CONSULTANT agrees to indemnify, hold harmless and defend CITY, City Council and each member thereof, and every officer, employee and agent of CITY, from any claim, liability or financial loss (including, without limitation, attorney’s fees and costs) arising from any intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT or any person employed by CONSULTANT in the performance of this Agreement. (b) All duties of CONSULTANT shall survive termination or expiration of the Agreement.

Section 13. Termination.
(a) CITY shall have the right to terminate this Agreement for any reason or for no reason upon five calendar days’ written notice to CONSULTANT. CONSULTANT agrees to cease all work under this Agreement on or before the effective date of such notice. (b) In the event of termination or cancellation of this Agreement by CITY, due to no fault or failure of performance by CONSULTANT, CONSULTANT shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall CONSULTANT be entitled to receive more than the amount that would be paid to CONSULTANT for the full performance of the services required by this Agreement. CONSULTANT shall have no other claim against CITY by reason of such termination, including any claim for compensation.

Section 14. CITY’s Responsibility. CITY shall provide CONSULTANT with all pertinent data, documents, and other requested information as is available for the proper performance of CONSULTANT’s Scope of Work.

Section 15. Information and Documents. All data, information, documents and drawings prepared for CITY and required to be furnished to CITY in connection with this Agreement shall become the property of CITY, and CITY may use all or any portion of the work submitted by CONSULTANT and compensated by CITY pursuant to this Agreement as CITY deems appropriate.

Section 16. Records Retention and Examination. CONSULTANT shall retain, protect, and maintain in an accessible location all records and documents, including paper, electronic, and computer records, with respect to all matters covered under this Agreement for five (5) years after receipt of final payment by CITY under the Agreement. CONSULTANT shall make all such records and documents available for inspection, copying, or other reproductions, and auditing by authorized representatives of CITY, including the City Manager or designee, free of charge. CONSULTANT shall make available all requested data and records at reasonable locations within the County of Los Angeles at any time during normal business hours, and as often as CITY deems necessary. If records are not made available within the County of Los Angeles, CONSULTANT shall pay CITY’s travel, hotel and meal costs to the location where the DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 6 B0785-0001\2824897v3.doc
records are maintained. CONSULTANT must include this provision in all subcontracts made in connection with this Agreement. This provision shall survive the termination of the Agreement.

Section 17. Nondiscrimination by CONSULTANT. In the performance of this Agreement, CONSULTANT assures that no person shall, on the basis of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement or under any project, program or activity supported by the Agreement, as required by Title VI of the Civil Rights Act of 1964, as amended, the Civil Rights Restoration Act of 1987, and Federal Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations).

CONSULTANT shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, and shall take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.

Section 18. Notice. Any notices, bills, invoices, etc. required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during the receiving party’s regular business hours or by facsimile before or during the receiving party’s regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid to the addresses set forth above, or to such other addresses as the parties may, from time to time, designate in writing pursuant to this section.

Section 19. Attorney’s Fees. In the event that either party commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.

Section 20. Entire Agreement. This Agreement represents the entire integrated agreement between CITY and CONSULTANT, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both CITY and CONSULTANT.

Section 21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.

Section 22. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.

Section 23. CITY Not Obligated to Third Parties. CITY shall not be obligated or liable under this Agreement to any party other than CONSULTANT.

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Section 24. Severability. Invalidation of any provision contained herein or the application thereof to any person or entity by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to any other person or entity, and the same shall remain in full force and effect.

California.

EXECUTED the day of 20 , at Beverly Hills,

CITY OF BEVERLY HILLS
A Municipal Corporation
ATTEST:
(SEAL)

HUMA AHMED
City Clerk
JULIAN A. GOLD, M.D.

Mayor
CONSULTANT: ZF Alexander, Inc.

ZARA FARIMANI
President

ALEXANDER ROHANI
Treasurer
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager

JEFFREY LAMBERT, FAICP
Interim Director of Community Development
SHARON L’HEUREUX DRESSEL
Risk Manager
DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250

EXHIBIT A

SCOPE OF WORK
I. SCOPE OF WORK
CONSULTANT shall provide environmental compliance monitoring services related to the One Beverly Hills Project (or “Project”), including the following services:

CONSULTANT will ensure that all of the applicable One Beverly Hills Project Conditions of Approval and Mitigation Measures are complied with, as included in the Final Supplemental Environmental Impact Report (Final SEIR) that was certified by City Council on June 8, 2021. These include the following:
• Construction Management Conditions
o CONSULTANT shall review and become familiar with the Project’s Construction Management Conditions set forth in Attachments #1 and #2 of the Request For Proposal dated March 24, 2023(“RFP”), attached hereto to Exhibit A.
• Environmental Compliance Monitor (“CONSULTANT ECM”)
o Maintain daily logs, provide monthly reports to CITY andSchool District that are posted publicly online.
o Immediately report any violations of the construction mitigation measures to CITY.
o Conduct weekly meetings with theProject construction manager and invite CITY and School District representatives.
o Check in on the 4 (minimum) remotely accessed cameras to confirm compliance.
o In conjunction with the specialty consultants, CONSULTANT provides additional measures to address unanticipated issues due to construction. • Specialty Testing
o CONSULTANT’s Air Quality and Traffic consultant worked on the 9900 Wilshire and Waldorf Astoria Hotel projects and understands fully the scope of work required by the Mitigation Monitoring and Reporting Program (or “MMRP”) and Conditions of Approval of the One Beverly Hills Project.
o CONSULTANT ECM shall maintain test results on file and present them in monthly reports submitted to CITY and School District.
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DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 9 B0785-0001\2824897v3.doc
o Monitor traffic, vibration, and construction noise at the El Rodeo School, once school re-opens.
o After the reopening of the El Rodeo school, CONSULTANT ECM to initiate a traffic study 45 days after the beginning of each school year. o CONSULTANT’s traffic consultant shall perform regular traffic monitoring and provide reports.
o In the event that El Rodeo reopens during this phase of One Beverly Hills Project, CONSULTANT shall perform a traffic study.
• Other Conditions
o CONSULTANT ECM shall verify that there is no direct contact with the developer’s contractor’s employees, subcontractors of any tier, material suppliers or consultants with students from the Beverly Hills Unified School District during the performance of their duties.
o CONSULTANT ECM to verify that the developer complies with Street Tree Mitigation Plan, Exhibit C of the RFP.
• Mitigation Measures
o CONSULTANT shall monitor compliance with all applicable mitigation measures in accordance with the MMRP, including the following:
■ Monitor compliance with the developer’s approved Construction Traffic Emission Management Plan
■ Verify that all fossil fuel construction equipment is suspended during firststage smog alerts. ■ Verify that the Contractor promotes, to the extent feasible, the use of electricity and alternate fuels for on-site mobile equipment instead of diesel equipment.
■ Verify that the Contractor is maintaining the construction equipment by conducting regular tune-ups in accordance with the manufacturer’s recommendations.
■ Verify that the Contactor promote, to the extent feasible, the use of electric welders to avoid emissions from gas or diesel welders.
■ Verify that the Contractor promote, to the extent feasible, the use of onsite electricity or alternative fuels rather than diesel powered or gasoline powered generators.
■ Verify that prior to start of each phase of construction, the Contractor submit an equipment inventory report to CITY for approval. Contractor/Developer shall evaluate the feasibility of retrofitting the large off-road construction equipment that will be operating for significant periods. ■ Verify that the Contractor use double belly dump trucks with minimum capacity of 28 cubic yards for hauling soil material from the Project site. ■ Verify that demolition and grading phases are not to be conducted concurrently. Each phase must be completed fully before the subsequent demolition or grading phase.

DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 10 B0785-0001\2824897v3.doc
■ Verify that the Contractor ensures traffic speeds on all unpaved roads to 15 mph or less.
■ Verify that the Contractor install wind monitoring equipment on site and suspend grading activities when wind speeds exceed 25 mph per SCAQMD guidelines.
■ Verify that the Contractor apply water to storage piles or apply cover when wind events are declared with wind speed in excess of 25 mph. ■ Verify that the Contractor applies nontoxic chemical soil stabilizers on inactive construction areas that are unused for at least 4 consecutive days. ■ Verify that the Developer employs a third-party air quality consultant to conduct monitoring of PM10 concentrations during the Project demolition, excavation and grading phases. Approximately 588 workdays. ■ Verify that the Contractor complies with SCAQMD rule 403 by ensuring visible dust emissions from the Project site do not go beyond the property line.
■ Verify that the Developer/Contractor’s demolition and ground disturbance do not disturb nesting birds and that no construction activity shall be performed during the avian breeding and nesting season, Feb 1- Aug 31.

If work is planned for this period, a pre-construction survey shall be conducted by a biologist 7 days prior to the start of construction. ■ Verify that if an unknown artifact is uncovered during construction, the Contractor complies with the MMRP procedures and requirements. ■ Verify that prior to start of soil disturbing activities, the Contractor prepares a Notice of Intent (NOI) and Stormwater Pollution Prevention Plan (SWPPP).
■ Review the Developer’s Construction Management Plan for compliance with MMRP noise attenuation measures.
■ Proactively inform the public of the ongoing progress and exceptions to the expected plans. This shall include sending quarterly mailer to all property owners within 1,000 feet of the exterior boundaries of the property. ■ Respond to requests for information and assistance from the public. ■ Provide monthly Project updates to CITY.
■ Monitor compliance with the approved Construction Worker Parking plan.

This plan shall be submitted to the CITY thirty (30) days prior to start of construction.
■ Verify that name, phone number and other contact information for the CONSULTANT ECM and Community Liaison Officer (“CLO”) is posted on sign in a location visible to the public.

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II. INFECTIOUS DISEASE
A. CONSULTANT shall be required to know and adhere to the California Occupational Safety and Health Act of 1973 (“CalOSHA”) COVID-19 Prevention Non-Emergency Regulations, the California Department of Public Health orders and all state, federal and local regulations regarding COVID-19 and other infectious diseases that may pose a risk to public health.

B. CONSULTANT shall advise employees who have any symptoms of COVID-19, the common cold, influenza or infectious disease not to report to work.

C. CONSULTANT shall notify their CITY Responsible Principal and the Risk Manager immediately upon learning that an employee who was working onsite at a CITY facility has been diagnosed with COVID-19 or any infectious disease.

For questions, please contact CITY’s Responsible Principal or Risk Management at 310- 285-1073.

DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 12 B0785-0001\2824897v3.doc
ATTACHMENT 1 TO EXHIBIT A
DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 Attachment #3 – One Beverly Hills
Final Supplemental Environmental Impact Report Mitigation Measures Topic
Area
# Mitigation Measure
LG 1 Project light sources shall be shielded, directed downward when Intended to illuminate walking or working surfaces, and focused on the project site, to prevent light spillover onto adjacent properties or roadways.

AQ 1 Prior to issuance of a grading, demolition, or building permit, whichever comes first, the Developer shall prepare a Construction Traffic Emission Management Plan to minimize emissions from vehicles including, but not limited to, scheduling truck deliveries and haul routes to avoid peak-hour traffic conditions, consolidating truck deliveries, and prohibiting truck idling in excess of 5 minutes. The Construction Traffic Emission Management Plan shall be submitted to the City of Beverly Hills Community Development Department, and reviewed and approved by the appropriate City Departments/Divisions (e.g., Building and Safety, Planning, Transportation).

AQ 2 The Contractor shall ensure that the use of all fossil fueled construction equipment is suspended during first-stage smog alerts.

AQ 3 The Contractor shall promote the use of electricity or alternate fuels for onsite mobile equipment instead of diesel equipment to the extent feasible.

AQ 4 The Contractor shall maintain construction equipment by conducting regular tune-ups according to the manufacturers’ recommendations.

AQ 5 The Contractor shall promote the use of electric welders to avoid emissions from gas or diesel welders, to the extent feasible.

AQ 6 The Contractor shall promote the use of on-site electricity or alternative fuels rather than diesel-powered or gasoline-powered generators to the extent feasible.

DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 Attachment #3 – One Beverly Hills
Final Supplemental Environmental Impact Report Mitigation Measures AQ 7 Prior to use in construction, the Developer and Contractor shall evaluate the feasibility of retrofitting the large off-road construction equipment that will be operating for significant periods. Retrofit technologies such as particulate traps, selective catalytic reduction, oxidation catalysts, air enhancement technologies, etc., shall be evaluated. These technologies shall be required if they are verified by the California Air Resources Board (CARB) and/or the United States Environmental Protection Agency (USEPA) and are commercially available and can feasibly be retrofitted onto construction equipment. Prior to the start of each construction phase, the Contractor shall submit an equipment inventory report to the City of Beverly Hills Community Development Department for review and approval. The equipment inventory report shall indicate which equipment will not be operating for significant periods (and will thus be excluded from consideration for retrofits) and which equipment will be retrofitted. For all equipment that will operate for significant periods but will not be retrofitted, the equipment inventory report shall provide substantial evidence as to why retrofits are not available or feasible.

AQ 8 The Contractor shall use tandem trucks (also known as double belly dump trucks) with a
minimum capacity of 28 cubic yards (CY) for hauling soil material from the project site.

AQ 9 Demolition and grading phases shall not be conducted concurrently. Each demolition or grading phase must be fully completed before commencement of the subsequent demolition or grading phase.

AQ 10 The Contractor shall ensure that traffic speeds on all unpaved roads are reduced to 15 miles per hour (mph) or less.

AQ 11 The Contractor shall ensure that the project site is watered at least three times daily during dry weather.

AQ 12 The Contractor shall install wind monitoring equipment on site, to the extent feasible, and
suspend grading activities when wind speeds exceed 25 mph per the South Coast Air Quality Management District (SCAQMD) guidelines.

DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 Attachment #3 – One Beverly Hills
Final Supplemental Environmental Impact Report Mitigation Measures AQ 13 The Contractor shall water storage piles or apply cover when wind events are declared
wind speeds in excess of 25 mph).

AQ 14 The Contractor shall apply nontoxic chemical soil stabilizers on inactive construction areas (disturbed lands within construction projects that are unused for at least four consecutive days).

AQ 15 The Contractor shall replace ground cover in disturbed areas as quickly as possible.

AQ 16 The project proponent shall establish a third-party air quality consultant to conduct monitoring of the PM10 (dust) concentrations during the project demolition, excavation, and grading phases of project construction (approximately 588 workdays) to determine compliance with applicable air quality standards. Monitoring shall be accomplished using DustTrak™ aerosol monitors or other similar monitoring network and shall meet the following requirements:
- The third-party consultant shall be approved by the City of Beverly Hills Planning Department.
- Costs for the monitoring network and tests by the third party consultant shall be borne by the project applicant.
- Monitors shall be located in such a manner that appropriate upwind (background) and two downwind locations from the project are selected. The locations shall be selected in order to monitor the project’s contribution to ambient PM10 concentrations and to minimize the influence of dust contributions from outside sources. One downwind monitoring station shall be located near El Rodeo School’s southern perimeter. The other downwind monitor shall be located in an area beyond the project boundary where the general public could be present for a period of more than one hour. The upwind and downwind directions shall be based on the prevailing daytime wind direction in the vicinity of the project site. All locations shall be approved by the third-party air quality consultant and the Community Development Director.
- The monitoring network shall include at least one anemometer to measure wind speeds and directions.
- Each monitoring station shall be secured in such a manner to prevent access and tampering by unauthorized persons and to prevent damage to the equipment.

DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 Attachment #3 – One Beverly Hills
Final Supplemental Environmental Impact Report Mitigation Measures - Each monitoring station shall be sited in a location with access to necessary infrastructure (e.g., electricity needs, foundation requirements, internet connectivity).
- Monitors shall be calibrated using collocated filter-based samplers (MiniVol or other similar equipment). The thirdparty consultant shall calibrate the DustTrak™ monitors as needed to ensure that data is within acceptable margins of error as determined by manufacturer’s specifications. - The 5-hour rolling average dust concentration threshold is equal to the threshold specified in SCAQMD Rule 403 (50 micrograms per cubic meter) as determined by the difference between the upwind and downwind stations.

The 1-hour average dust concentration threshold shall be set at a level of 150 micrograms per cubic meter to provide sufficient warning for on-site construction managers or supervisors to implement corrective measures. An exceedance of the 1-hour threshold shall not be deemed as a violation of any air quality standard or regulation.
- Monitoring shall be continuous and provide data at 5-minute intervals. The data shall report rolling 5-hour and rolling 1- hour average PM10 concentrations. Monitoring shall be active on any day that construction activity occurs during the demolition, excavation, and grading phases of project construction. Data shall be made available to the third-party consultant, the City of Beverly Hills, the project applicant, and the on-site contractor on a secured internet website. The general public shall have access to 5-hour average PM10 concentrations on a publicly accessible website. - Monitors shall be equipped with a visual alarm (strobe light or similar) that shall notify appropriate on-site construction managers or supervisors if established thresholds are exceeded. Additionally, an email shall be sent to appropriate on-site construction managers or supervisors if specified PM10 thresholds are exceeded.
- All corrective measures, as necessary to reduce emissions to acceptable levels, shall be implemented immediately. If immediate implementation of a specific corrective measure will result in the creation of a hazardous situation, as determined by the Environmental Monitor, construction activity shall be allowed to continue for a reasonable period of time as determined by the Environmental Monitor, until such time that it is safe to implement that corrective measure. Corrective measures shall be documented by the construction contractor in a log book accessible to the thirdparty air quality consultant and the City of Beverly Hills. Records shall be maintained of the specific action taken, the time and date the corrective action was taken, and written verification by the appropriate on-site construction manager or supervisor that the corrective action was taken.

DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 Attachment #3 – One Beverly Hills
Final Supplemental Environmental Impact Report Mitigation Measures - The project applicant and contractor shall develop a corrective action plan.

The plan shall be prepared and finalized prior to the commencement of project demolition, the Plan shall indicate steps to safely and adequately reduce on-site dust emissions. The plan shall contain a list of possible corrective measures. The measures shall include, but are not limited to, application of water or other soil stabilizers, temporary reduction in on-site vehicle speed, temporary reduction in construction activity, suspension of construction activity, and other appropriate measures. The plan shall also require notification of the Principal of El Rodeo School and the Beverly Hills Unified School District Superintendent in the event of an exceedance of any of the established thresholds. The project applicant and contractor shall obtain approval of the plan from the City of Beverly Hills Community Development Director prior to commencing demolition.

AQ 17 The project applicant and/or contractor shall comply with SCAQMD Rule 403 by ensuring visible dust emissions from the project site do not go beyond the property line.
- The project applicant and/or contractor shall designate a person located onsite who is trained and certified by CARB to conduct visible emissions evaluations (VEE). The designated person shall ensure compliance with SCAQMD Rule 403 by observing for visible dust emissions beyond the property line during daytime working hours. Observations shall be conducted in accordance with USEPA Method 9 (Title 40, Code of Federal Regulations, Part 60, Appendix A).
- The project applicant and/or contractor shall obtain a schedule of outdoor activities and athletic events at El Rodeo School and Beverly Hills High School during the construction period from the City or the Beverly Hills Unified School District as soon as the information becomes available, The City shall immediately provide this information to the project applicant and contractor. Provided that the Beverly Hills Unified School District has provided the scheduling information in a timely manner, the project applicant and contractor shall require coordination of all construction activities so as to minimize the occurrence of high-emitting fugitive dust construction activities during the scheduled outdoor events to the extent feasible.

DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 Attachment #3 – One Beverly Hills
Final Supplemental Environmental Impact Report Mitigation Measures - In the event visible dust emissions are observed beyond the property line, the designated person shall immediately inform the lead supervisor or other appropriate managing personnel. The supervisor shall immediately implement corrective measures. If visible dust emissions are anticipated to impact El Rodeo School, the supervisor shall notify the Principal of El Rodeo School and the Beverly Hills Unified School District Superintendent. If immediate implementation of a corrective measure shall result in the creation of a hazardous situation, construction activity shall be allowed to continue for a reasonable period of time until such time that it is safe to implement corrective measures. Corrective measures shall be documented by the construction contractor in a log book accessible to a third-party air quality consultant and the City of Beverly Hills. Records shall be maintained of the specific action taken, the time and date the corrective action was taken, and written verification by the appropriate on-site construction manager or supervisor that the corrective action was taken.

BIO 1 The project applicant/contractor should conduct all demolition, construction, ground disturbance, and vegetation clearing activities (collectively referred to as “construction activities”) in such a way as to avoid protected nesting birds.

To that end, no construction activities should be initiated during the avian breeding and nesting season (February 1 – August 31). If, however, construction activity is initiated during the avian breeding and nesting season (February 1 –August 31), a pre-construction survey shall be conducted by a qualified biologist for active bird nests (those containing eggs or nestlings, or with juvenile birds still dependent on the nest). The survey shall be conducted by a qualified biologist no more than seven days prior to the initiation of construction activities. The nesting bird survey shall cover the construction footprint plus a buffer of 500 feet, as feasible. In the event access to private, off-site areas is denied, areas can be surveyed from the project site with binoculars or other means. Any active nests that are present during the preconstruction survey shall be avoided until determined by the biologist to no longer be active. The biologist shall determine appropriate avoidance buffers for each nest based on species, nest location, and types of disturbance proposed in the vicinity of the nest. If construction activities are delayed after the survey has been conducted, the qualified biologist shall conduct an additional nesting bird survey such that no more than seven days have elapsed between the last survey and the commencement of construction activities.

DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 Attachment #3 – One Beverly Hills
Final Supplemental Environmental Impact Report Mitigation Measures BIO 2 If demolition is scheduled outside of the bat maternity season (April 1– August 31), a pre-construction clearance survey shall be conducted within two weeks prior to demolition of the gas station site buildings to determine whether bats are roosting. If bats are confirmed absent, the buildings may be removed. If bats are present, the building shall not be demolished until the steps described below are completed. If bats are determined to be present during the preconstruction clearance survey, prior to demolition of the Spanish tile-roofed buildings, a qualified bat biologist shall install or directly supervise installation of humane eviction devices and exclusionary material to evict bats that are present and to prevent bats from roosting in the buildings. Implementation of the humane eviction/exclusions is typically performed in the fall (September or October) preceding construction activity at each structure to avoid impacts to hibernating bats during the winter months or during the maternity season (typically from April 1 through August 31 in Southern California), when flightless young are present. Humane evictions/exclusions cannot be performed during the bat maternity season because this would result in “take” of juvenile bats and should be avoided during the winter because bats are not consistently active and may be hibernating. Any humane eviction/exclusion devices must be installed at least 10 to 14 days prior to the demolition of a structure housing bats to allow sufficient time for the bats to vacate the roost(s). If demolition is scheduled during the bat maternity season (April 1–August 31), a pre-construction clearance survey shall be conducted within two weeks of demolition of the gas station site buildings to determine whether maternity colonies use the gas station site buildings. If the preconstruction clearance survey determines maternity colonies use the gas station site buildings or their use of the buildings cannot be ruled out, replacement bat roosting habitat structures shall be installed on site. The design of these structures shall be developed in coordination with a bat biologist who has experience designing roosting habitat mitigation to ensure that appropriate crevice sizes and adequate thermal characteristics are included in the specifications. The aspect and location of the roost structures shall also be determined in coordination with a bat biologist.

CR 1 Does not exist.

CR 2 Does not exist.

CR 3a In the event a previously unknown artifact is uncovered during project construction, all work shall cease until a certified archaeologist can investigate the finds and make appropriate recommendations. Any artifacts uncovered shall be recorded and removed for storage at a location to be determined by the monitor.

CR 3b Potentially historic sign posts adjacent to the project site on Merv Griffin Way shall be preserved and reinstalled in approximately the same locations, as appropriate, in consultation with the project proponents, the City of Beverly Hills, and an architectural historian qualified under the Secretary of the Interior’s Standards.

DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 Attachment #3 – One Beverly Hills
Final Supplemental Environmental Impact Report Mitigation Measures CR 4 If buried cultural resources are encountered during construction, all work shall be halted in the vicinity of the archaeological discovery until a qualified archaeologist can assess the nature and significance of the archaeological discovery, per CEQA Guidelines Section 15064.5(f). Recovery of significant archaeological deposits, if necessary, shall include but not be limited to, manual or mechanical excavations, monitoring, soils testing, photography, mapping, or drawing to adequately recover the scientifically consequential information from and about the archaeological resource. Further treatment may be required, including site recordation, excavation, site evaluation, and data recovery. Any artifacts uncovered shall be recorded and removed for storage at a location to be determined by the archaeologist.

CR 5a Does not exist.

CR 5b If human remains are found, State of California Health and Safety Code, Section 7050.5, states that no further disturbance should occur until the County Coroner has made a determination of origin and disposition pursuant to California Public Resources Code, Section 5097.98. In the event of an unanticipated discovery of human remains, the County Coroner must be notified immediately. If the human remains are determined to be prehistoric, the coroner will notify the Native American Heritage Commission, which will determine and notify a most likely descendant. The most likely descendant should complete the inspection of the site within 48 hours of being granted access and provide recommendations for the treatment of the remains.

CR 6 Does not exist.

CR 7 Because the period of significance for the property is relatively modern (1955-1966), efforts shall be made to document oral histories of individuals who have relevant knowledge and experience with the cultural and social history of the property during this time period. Individuals with valuable institutional knowledge of the property should be interviewed to capture this history before it is lost forever. Outreach shall be conducted to identify a maximum of two individuals to complete interviews, not to exceed one hour each. Outreach should include but not be limited to coordination with the Hilton Worldwide Holdings, Inc. (formerly Hilton Hotels Corporation) and former associates and/or family of Welton Becket. Interviews shall be conducted using audio and/or video documentation and shall be transcribed.

The resulting interview materials shall be offered to a minimum of two local organizations such as the Beverly Hills Historical Society and the Beverly Hills Public Library (Historical Collection).

DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 Attachment #3 – One Beverly Hills
Final Supplemental Environmental Impact Report Mitigation Measures CR 8 An interpretive plaque discussing the history of the property, its significance, and its important details and features shall be installed at the site. The plaque shall be installed by the project proponent prior to issuance of building occupancy permits on a publicly accessible building or in a publicly accessible outdoor location on the project site. The plaque shall include images and details from the previously prepared Historic American Buildings Survey (HABS) documentation, oral histories, and any collected research pertaining to the historic property. The content shall be prepared by a qualified architectural historian or historian who meets the Secretary of the Interior’s Professional Qualification Standards for History and/or Architectural History (National Park Service 1983). Installation of the plaque shall be completed within one year of the date of completion of construction of the proposed project.

ENG 1 Prior to issuance of building permits, the applicant shall make necessary alterations to the generation or distribution system as required by Southern California Edison (SCE). The applicant shall then provide to the Beverly Hills Community Development Department a letter from SCE that states that electricity will be provided to the proposed project and that all applicable energy conservation features have been incorporated into the project design.

ENG 2 Prior to issuance of building permits, the applicant shall complete a load survey in accordance with the Southern California Gas Company (SoCal Gas) procedures and make any necessary alterations to the distribution system as required by the Gas Company. The applicant shall then provide to the Beverly Hills Community Development Department a letter from the SoCal Gas, which states that natural gas will be provided to the proposed project and that all applicable energy conservation features have been incorporated into the project design.

GEO 1 A Registered Civil Engineer and Certified Engineering Geologist shall complete a final geotechnical investigation specific to the proposed project.

The geotechnical evaluation shall include, but not be limited to, an estimation of both vertical and horizontal anticipated peak ground accelerations and seismic design parameters. The proposed project shall be designed and constructed in accordance with recommendations contained in the sitespecific geotechnical investigation and in accordance with all applicable local, state, and federal regulations, such as the California Building Code (CBC) and Title 9 of the Beverly Hills Municipal Code. All buildings shall be engineered to withstand the expected ground acceleration that may occur at the project site. The building designs shall take into consideration the most current and applicable seismic attenuation methods that are available.

Recommendations contained in the site-specific geotechnical investigation shall be reviewed and approved by the Building Official and incorporated into final grading and structural design plans, as deemed appropriate by the Community Development Director. Compliance with these requirements shall be verified by the City of Beverly Hills prior to the issuance of a building permit.

DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 Attachment #3 – One Beverly Hills
Final Supplemental Environmental Impact Report Mitigation Measures HAZ 1 Any suspect leadbased paint (LBP) shall be sampled prior to any renovations or demolition activities. Any identified lead-based paint located within buildings scheduled for renovation or demolition, or noted to be damaged, shall be abated by a licensed lead-based paint abatement contractor, and disposed of according to all state and local regulations.

HAZ 2 Construction activities shall comply with SCAQMD Rule 1403 - Asbestos Emissions from Demolition/Renovation Activities. This rule is intended to limit asbestos emissions from demolition or renovation of\ structures and the associated disturbance of asbestos-containing materials (ACMs) generated or handled during these activities. The rule requires that SCAQMD be notified before demolition or renovation activity occurs. This notification includes a description of structures and methods utilized to determine the presence of or absence of asbestos. All ACMs found on the site shall be removed prior to demolition or renovation in accordance with the requirements of Rule 1403.

HAZ 3 Prior to demolition activities, the sampling of suspect materials for lead content shall be conducted. If these surfaces are determined to contain concentrations of lead at or above regulatory limits, their removal by a licensed abatement contractor in accordance with applicable regulations shall be necessary prior to demolition or renovation activities.

HAZ 4 During demolition or renovation activities, the airborne lead concentration shall not exceed the Permissible Exposure Level (PEL), as required by the California Occupational Health and Safety Administration (Cal/OSHA), Title 8, California Code of Regulations (CCR), Construction Safety Orders for Lead, Section 1532.1.

HAZ 5 The demolition debris waste stream shall be analyzed for lead content during materials separation to ensure compliance with USEPA regulations related to transportation and disposal of hazardous materials.

HAZ 6 All personnel workers potentially exposed to leadcontaining materials shall be trained and protected in accordance with federal OSHA regulations.

HAZ 7 Fluorescent light ballast labels shall be inspected prior to demolition. If the ballast labels do not include the statement “No PCBs”, the ballast(s) shall be properly removed by a licensed PCB removal contractor and disposed of as PCB-containing waste prior to demolition.

DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 Attachment #3 – One Beverly Hills
Final Supplemental Environmental Impact Report Mitigation Measures HAZ 8 The project shall comply with the closure conditions as directed in the Closure Permit to be issued by the Los Angeles County Department of Public Works Environmental Programs Division (LACDPW EPD)and shall meet, at a minimum, the applicable requirements of California Health and Safety Code Division 20, Chapter 6.7, Section 25298, California Code of Regulations Title 23, Division 3, Chapter 16, Sections 2670 through 2672, and the Los Angeles County Code. Additionally, the project applicant shall provide noticing to Beverly Hills Unified School District and to the administrative office of El Rodeo School at the time of the underground storage tank (UST) removal and upon receipt of approval of a UST Closure Permit from the LACDPW EPD.

HYDRO 1 Prior to the start of soil-disturbing activities at the site, a Notice of Intent (NOI) and Stormwater Pollution Prevention Plan (SWPPP) shall be prepared in accordance with, and in order to partially fulfill, the California SWRCB Order No. 99-08-DWQ, NPDES General Permit No. CAS000002 (General Construction Permit). The SWPPP shall meet the applicable provisions of Sections 301 and 402 of the Clean Water Act (CWA) and Title 9, Chapter 4, Article 5, Storm Water and Urban Runoff Pollution Control from the Beverly Hills Municipal Code by requiring controls of pollutant discharges that utilize best available technology (BAT) and best conventional pollutant control technology (BCT) to reduce pollutants. Examples of BAT/BCT that may be implemented during site grading and construction could include straw hay bales, straw bale inlet filters, filter barriers, and silt fences.

HYDRO 2 Prior to issuance of any grading or building permits, the project applicant shall prepare and submit to the City of Beverly Hills a Standard Urban Stormwater Mitigation Plan (SUSMP), to be prepared in accordance with the Los Angeles County Manual for the Standard Urban Storm Water Mitigation Plan, which details the requirements of the SUSMP.

NOISE 1 Prior to issuance of grading permits, the Developer shall submit a Construction Management Plan satisfactory to the Director of Community Development and the Building Official. The Building Official shall enforce noise attenuating construction requirements. The Construction Management Plan shall include, but not be limited to, the following noise attenuation measures:
- Excavation, grading, and other construction activities related to the proposed project shall comply with Section 5-1-206, Restrictions on Construction Activity, of the Beverly Hills Municipal Code. Any deviations from these standards shall require the written approval of the City Building Official.
- Stockpiling and vehicle staging areas shall be located as far away as practicable from residences to the north and El Rodeo School.

DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 Attachment #3 – One Beverly Hills
Final Supplemental Environmental Impact Report Mitigation Measures - All heavy-duty stationary construction equipment (e.g., air compressors, generators, etc.) shall be placed so that emitted noise is directed away from the nearest sensitive receivers (i.e., residences to the north and El Rodeo School).
- Whenever practicable, construction activities shall be scheduled so as to avoid operating several pieces of equipment simultaneously, which causes high noise levels.
- Haul routes for removing excavated materials from the site shall be designed to avoid residential areas and areas occupied by noise-sensitive receivers (e.g., hospitals, schools, convalescent homes, etc.). - Prior to the start of every school year, the Developer shall obtain a schedule of testing periods at El Rodeo School. The Developer shall submit a construction schedule for review and approval by the Community Development Director and the Environmental Monitor that ensures that no construction activity generating the highest noise levels (e.g., simultaneous demolition, grading, and building) is undertaken during any designated testing periods at the school. Such testing periods typically occur for one week per semester; however, the exact dates and times will be determined by the Beverly Hills Unified School District.
- For construction activities occurring during the City’s allowed hours of construction (weekdays, excluding public holidays, 8:00 a.m. to 6:00 p.m.), the following shall be required:
- All equipment, fixed or mobile, shall be operated with closed engine doors and shall be equipped with properly operating and maintained residential grade mufflers consistent with manufacturers’ standards that provide at least a 5-dBA reduction in noise levels.
- The Contractor shall use portable sound enclosures for all generators and air compressors that provide at least a 10-dBA reduction in noise levels. - For construction activities occurring outside the City’s allowed hours of construction, the following shall be required:
- Simultaneous occurrence of two or more construction phases (demolition, site preparation, grading, building, paving, and architectural coating) shall be prohibited unless the project applicant reduces the number of construction equipment used for each overlapping phase and it can be demonstrated through a quantitative acoustical analysis prepared by a qualified professional that this reduced construction equipment portfolio utilized for overlapping phases will not result in noise levels in excess of 5 dBA above ambient noise levels. The acoustical analysis shall be reviewed and approved by the City prior to allowing simultaneous occurrence of two or more construction phases outside the City’s allowed hours of construction.

All equipment, fixed or mobile, shall be operated with closed engine doors and shall be equipped with properly operating and maintained mufflers consistent with manufacturers’ standards that provide at least a 20-dBA reduction in noise levels.

DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 Attachment #3 – One Beverly Hills
Final Supplemental Environmental Impact Report Mitigation Measures - The Contractor shall use portable sound enclosures for all generators and air compressors that provide at least a 10-dBA reduction in noise levels.

NOISE 2 The Developer shall implement sound attenuation features to reduce noise levels at all private outdoor livable spaces (i.e., balconies) and outdoor dining areas. Such features may include double-paned or laminated glass, or Plexiglas. Acoustical analysis shall be performed prior to the issuance of an occupancy permit to demonstrate that noise levels at the exterior livable spaces and outdoor dining areas do not exceed the City’s noise/land use standards for residences, hotels, and commercial uses. This requirement shall be incorporated into the plans to be submitted by the Developer to the City of Beverly Hills for review and approval prior to the issuance of building permits.

NOISE 3 The Developer shall incorporate building materials and techniques that reduce sound transmission through walls, windows, doors, ceilings, and floors of on-site residences in order to achieve interior noise levels in habitable rooms that are below the CCR Title 24 standard for interior noise of 45 CNEL. Such building materials and techniques may include double-paned windows, staggered studs, or soundabsorbing blankets incorporated into building wall design. All exterior wall assemblies (including windows and wall components) shall meet a minimum STC 40 rating to ensure the adequate attenuation of noise at a range of frequencies. All residential units shall be provided with forced-air mechanical ventilation with nonoperable windows. Acoustical analysis shall be performed prior to the issuance of an occupancy permit to demonstrate that noise levels in habitable rooms do not exceed the CCR Title 24 standard of 45 CNEL. This requirement shall be incorporated into the plans to be submitted by the Developer to the City of Beverly Hills for review and approval prior to the issuance of building permits.

NOISE 4 Prior to the start of construction and during construction, the Developer shall coordinate with the 9900-9908 South Santa Monica Boulevard Project and 140 South Lasky Drive Project Developers regarding the following:
- All temporary roadway closures shall be coordinated to limit overlap of roadway closures; and
- All major deliveries for the three projects shall be coordinated to limit the occurrence of simultaneous deliveries. The Developers shall ensure that deliveries of items such as concrete and other high-volume items will not be done simultaneously.

NOISE 5 Prior to issuance of grading permits, the Developer shall submit a Construction Management Plan satisfactory to the Director of Community Development and the Building Official, which Plan shall include noise attenuating construction requirements. The Construction Management Plan shall include, but not be limited to, the following noise attenuation measures:

DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 Attachment #3 – One Beverly Hills
Final Supplemental Environmental Impact Report Mitigation Measures - Prior to start of construction phases that would extend into 2023, the Developer shall obtain a schedule of tournament events from the Los Angeles Country Club for the 2023 US Open. The Developer shall submit a construction schedule for review and approval by the Community Development Director and the Environmental Monitor that ensures that no construction activity generating the highest noise levels (e.g., simultaneous demolition, grading, and building construction) is undertaken during the 2023 US Open and that all reasonable efforts are taken to reduce construction noise that may disrupt tournament play to the maximum extent feasible. The Building Official shall enforce noise attenuating construction requirements.

FIRE 1 The proposed signal at the intersection of Santa Monica Boulevard and Merv Griffin Way shall be outfitted with an Opticom device, a traffic signal preemption used to control signalized intersections to allow the Beverly Hills Fire Department (BHFD) to provide a safe response route and to decrease response times to emergencies.

TRAF 1 An Environmental Monitor shall be retained that will be responsible for monitoring compliance with the mitigation measures in the adopted Mitigation Monitoring Program. The name, phone number, and other contact information for the Environmental Monitor shall be posted on the construction trailer or other location visible to public view as determined by the Community Development Director. The developer shall deposit funds sufficient to pay for the Environmental Monitor who will be hired by and work for the City.

TRAF 2 The Environmental Monitor shall proactively inform the public of the ongoing project progress and exceptions to the expected plans. This shall include sending a quarterly mailer to all property owners within 1,000 feet of the exterior boundaries of the property. The developer shall be responsible for the full cost of the mailer including postage. The Environmental Monitor shall also respond to requests for information and assistance from members of the public when impacts raise special concerns by members of the public.

TRAF 3 The Construction Relations Officer shall be assigned, and a hotline number shall be published on construction signage placed along the boundary of the project site, along Wilshire Boulevard, Merv Griffin Way, and North Santa Monica Boulevard to address day-to-day issues.

TRAF 4 The Developer, Construction Relations Officer, and Environmental Monitor shall each provide monthly project updates to the Community Development Department Director, unless otherwise warranted due to resident complaints.

DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 Attachment #3 – One Beverly Hills
Final Supplemental Environmental Impact Report Mitigation Measures TRAF 5 The Developer shall submit a Construction Traffic Management Plan to include plans to accomplish the following:
- Maintain existing access for land uses in the proximity of the project site during project construction;
- Schedule deliveries and pickups of construction materials to non-peak travel periods, to the maximum extent feasible;
- Coordinate haul trucks, deliveries and pick-ups to reduce the potential for trucks waiting to load or unload for protracted periods of time; - Minimize obstruction of through-traffic lanes on Wilshire Boulevard and North Santa Monica Boulevard;
- Construction equipment traffic from the contractors shall be controlled by flag persons;
- Designate transport routes for heavy trucks and haul trucks to be used over the duration of the project;
- Schedule vehicle movements to ensure that there are no vehicles waiting off-site and impeding public traffic flow on the surrounding streets; - Establish requirements for loading/unloading and storage of materials on the project site, where parking spaces would be encumbered, length of time traffic travel lanes can be encumbered, sidewalk closings or pedestrian diversions to ensure the safety of the pedestrian and access to local businesses;
- The Developer shall coordinate with Beverly Hills Unified School District (BHUSD) in developing the Construction Traffic Management Plan and shall notify BHUSD of any traffic or pedestrian lane disruptions on Wilshire Boulevard in advance;
- The Developer shall coordinate with the Los Angeles Country Club regarding the US Open tournament activities at the club when developing the Construction Traffic Management Plan and shall coordinate with the Los Angeles Country Club to ensure no traffic or pedestrian lane disruptions on Wilshire Boulevard occur during US Open tournament activities; - Coordinate with adjacent businesses and emergency service providers to ensure adequate access exists to the project site and neighboring businesses; DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 Attachment #3 – One Beverly Hills
Final Supplemental Environmental Impact Report Mitigation Measures - Coordinate with Metro regarding the bus stop relocation at least 30 days prior to start of construction;
- Prohibit parking for construction workers except on the project site and any designated off-site parking locations. These off-site locations will require the approval of the City of Beverly Hills. These off-site parking locations cannot include any residential streets including Whittier Drive and those streets which connect to Whittier Drive.

The Final Construction Traffic Management Plan shall be submitted and approved by the City no later than 30 days prior to commencement of construction and shall include:
- A requirement for use of double belly trucks to reduce the number of truck trips;
- Provisions for the Environmental Monitor to oversee and coordinate concurrent construction activities at the 9900-9908 South Santa Monica Boulevard Project and 140 South Lasky Drive Project;
- An Action Plan to avoid construction-related traffic congestion and how to respond to unforeseen congestion that may occur;
- Requiring truck access and deliveries in non-peak traffic periods to the greatest extent feasible; and
- Prohibition of queuing of construction-related vehicles on public streets in the City.

TRAF 6 The Developer shall submit a Construction Workers Parking Plan that identifies parking locations for construction workers. To the maximum extent feasible, all worker parking shall be accommodated on the project site.

During demolition and construction activities when construction worker parking cannot be accommodated on the project site, the Plan shall identify alternate parking locations for construction workers and shall include the shuttling of workers to and from the project site using zero emissions vehicles. The Plan shall be submitted for approval by the City at least 30 days prior to commencement of construction. The Construction Workers Parking Plan must include appropriate measures to ensure that the parking location requirements for construction workers will be strictly enforced. These include but are not limited to the following measures:
- All construction contractors shall be provided with written information on where their workers and their subcontractors are permitted to park and provide clear consequences to violators for failure to follow these regulations.

This information will clearly state that no parking is permitted on residential streets north of Wilshire Boulevard or south of South Santa Monica Boulevard or in public parking structures;
- No parking for construction workers shall be permitted within 500 feet of the nearest point of the project site except within designated areas. The contractor shall be responsible for informing subcontractors and construction workers of this requirement, and if necessary, for hiring a security guard to enforce these parking provisions. The contractor shall be responsible for all DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 Attachment #3 – One Beverly Hills
Final Supplemental Environmental Impact Report Mitigation Measures costs associated with parking and the enforcement of this mitigation measure; and
- In lieu of the above, the project applicant/construction contractor has the option of phasing demolition and construction activities such that all construction worker parking can be accommodated on the project site throughout the entire duration of demolition, excavation and construction activities.

TRAF 7 The project applicant shall revise the project site plan to indicate on-site traffic control planned for the project. At a minimum, all traffic control devices shall be placed at all project exits onto Wilshire Boulevard, North Santa Monica Boulevard, and Merv Griffin Way prior to occupancy of the new buildings proposed on the site.

TRAF 8 Traffic control devices, and specifically stop signs, shall be installed at each driveway exit point prior to building occupancy.

TRAF 9 The project applicant shall ensure that the curb radius at the driveway at Wilshire Boulevard and the westerly edge of the project will allow vehicles to turn safely.

TRAF 10 The applicant for the proposed project shall coordinate with the applicants for certain adjacent projects, including 9900-9908 South Santa Monica Boulevard Project and 140 South Lasky Drive Project and the City of Beverly Hills during all phases of construction regarding the following:
- All temporary roadway closures for the proposed project shall be coordinated to limit overlap of roadway closures;
- All major deliveries for the proposed project shall be coordinated to limit the occurrence of simultaneous deliveries. The applicants shall ensure that deliveries of items such as concrete and other high-volume items shall not be done simultaneously; and
- The applicants shall coordinate regarding the loading and unloading of delivery vehicles;
DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 Attachment #3 – One Beverly Hills
Final Supplemental Environmental Impact Report Mitigation Measures - Applicants or their representatives shall meet on a regular basis during construction to address any outstanding issues related to construction traffic, deliveries, and worker parking.

TCR 1 Retain a Qualified Principal Investigator. A qualified principal investigator, defined as an archaeologist who meets the Secretary of the Interior’s Standards for professional archaeology and has had a minimum of 10 years of experience as a principal investigator working with Native American archaeological sites in southern California, shall be retained to carry out all mitigation measures related to archaeological and historical resources (hereafter qualified archaeologist). The qualified archaeologist shall be contacted in the event of an inadvertent archaeological discovery.

TCR 2 Preconstruction Worker Training. At the project kickoff and before construction activities begin, the qualified archaeologist or their designee shall provide training to construction personnel on information regarding regulatory requirements for the protection of cultural resources including tribal cultural resources. As part of this training, construction personnel will be briefed on proper procedures to follow should unanticipated cultural resources discoveries be made during construction. Workers will be provided contact information and protocols to follow in the event that inadvertent discoveries are made. If necessary, the qualified archaeologist can create a training video, PowerPoint presentation, or printed literature that can be shown to new workers and contractors to avoid continuous training throughout the course of the project.

TCR 3 Retain Native American Monitoring. Native American monitoring shall be conducted by a representative of the Gabrieleño Band of Mission IndiansKizh Nation and a representative of the Gabrieleño/Tongva San Gabriel Band of Mission Indians, hereafter referred to collectively as “Monitoring Tribes”).

Monitoring shall occur during all project related, initial ground-disturbing construction activities (i.e. grubbing, tree removal, boring, grading, excavation, potholing, drilling and trenching etc.). The tribal monitors shall complete daily monitoring logs that shall provide descriptions of the day’s activities, including construction activities, locations, soil and any cultural materials identified. Once excavation is completed for a portion of the project site and entered into the daily monitoring log, the monitoring of an area shall be considered complete. The onsite monitoring shall end when all grounddisturbing activities at the project site are completed, or when the representatives of one or both Monitoring Tribes have indicated that all upcoming ground-disturbing activities at the project site have little to no potential for impacting Tribal Cultural Resources of their respective Tribe.

Additionally, the qualified archaeologist, in consultation with the City and the Native American monitor, may recommend the reduction or termination of monitoring depending upon observed conditions (e.g., no resources encountered within the first 50 percent of ground disturbance). Should neither the Gabrieleño Band of Mission Indians – Kizh Nation and/or the Gabrieleño/Tongva San Gabriel Band of Mission Indians not have sufficient qualified staff, or not provide monitoring services at market rates, after DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 Attachment #3 – One Beverly Hills
Final Supplemental Environmental Impact Report Mitigation Measures consultation between the two tribes and the City’s Director of Community Development, the applicant may contract with a different firm to provide a Native American monitor, subject to approval by the City of Beverly Hills Director of Community Development. If one of the Monitoring Tribes opts not to engage in monitoring activities required herein, Developer can proceed with the project provided that the other Monitoring Tribe provides the monitoring required by this mitigation measure.

TCR 4 Unanticipated Discovery of Tribal Cultural Resources. In the event a Native American monitor identifies cultural or archeological resources, the monitor shall be given the authority to temporarily halt construction in the immediate vicinity and within 50 feet of the discovery and to contact the qualified archaeologist to investigate the find and determine if it is a tribal cultural resource under CEQA by the City of Beverly Hills in consultation with the ancestrally related tribe(s) and qualified archaeologist. Construction activities can continue in areas 50 feet away from the find and not associated with the cultural resource location. In the event of a find during ground disturbing activities, the Gabrieleño Band of Mission Indians-Kizh Nation and the Gabrieleño/Tongva San Gabriel Band of Mission Indians shall be notified by the City to provide recommendations as to the treatment and disposition of the find(s). Cultural Resources Monitoring and Mitigation Plan shall be developed to outline monitor procedures.

DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 Attachment #3 – One Beverly Hills
Final Supplemental Environmental Impact Report Mitigation Measures TCR 5 Unanticipated Discovery of Human Remains. In the event that human remains are encountered at the project site, all work in the immediate vicinity of the burial must cease, and any necessary steps to ensure the integrity of the immediate area shall be taken. The Los Angeles County Coroner will be immediately notified. The Coroner must then determine whether the remains are Native American. Should the Coroner determine the remains are Native American, the Coroner has 24 hours to notify the Native American Heritage Commission (NAHC), who shall in turn, notify the person they identify as the most likely descendent (MLD). Further actions shall be determined in part by the recommendations of the MLD. The MLD has 48 hours of being granted access to the project site to complete their inspection and make recommendations or preferences for treatment of the remains. If the MLD does not make recommendations within 48 hours, the owner shall, with appropriate dignity, re-inter the remains in an area of the property secure from further disturbance. Alternatively, if the owner does not accept the MLD’s recommendations, the owner or the descendent may request mediation by the NAHC. Procedures of conduct following the discovery of human remains have been mandated by Health and Safety Code Section 7050.5, PRC Section 5097.98, and the California Code of Regulations Section 15064.5(e) (CEQA).

TCR 6 Reburial Treatment Measures. Prior to the continuation of ground disturbing activities where human remains and/or ceremonial object has been identified, the Developer shall arrange a designated site location within the footprint of the project for the respectful reburial of the human remains and/or ceremonial objects. In the case where discovered human remains cannot be fully documented and recovered on the same day, the remains shall be covered with muslin cloth and a steel plate that can be moved by heavy equipment shall be placed over the excavation opening to protect the remains. If this type of steel plate is not available, a 24-hour guard shall be posted outside of working hours. If feasible, the project shall be diverted to keep the remains in situ and protected. If the project cannot be diverted, it may be determined that burials will be removed. The MLD shall work with the qualified archaeologist to ensure that the excavation is treated carefully, ethically and respectfully. If data recovery is approved by the MLD, documentation shall be taken which includes at a minimum detailed descriptive notes and sketches. Additional types of documentation shall be approved by the MLD for data recovery purposes. Cremations shall either be removed in bulk or by means as necessary to ensure complete recovery of all material. If the discovery of human remains includes four or more burials, the location is considered a cemetery and a separate treatment plan shall be created. Once complete, a final report of all activities is to be submitted to the MLD and NAHC. The MLD does not authorize any scientific study or utilization of any invasive and/or destructive diagnostics on human remains. Each occurrence of human remains and associated funerary objects shall be stored using opaque cloth bags. All human remains, funerary objects, sacred objects and objects of cultural patrimony shall be removed to a secure container on site if DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 Attachment #3 – One Beverly Hills
Final Supplemental Environmental Impact Report Mitigation Measures possible. These items should be retained and reburied within six months of recovery. The site of reburial/repatriation shall be on the project site but at a location agreed upon between the MLD and the landowner at a site to be protected in perpetuity. There shall be no publicity regarding any cultural materials recovered.

UTIL 1 Prior to issuance of grading permits, the project applicant shall provide a preliminary design for the fire flow infrastructure to the City for review by the PWD and Fire Department. The project applicant shall pay for a hydraulic analysis of the preliminary design to be prepared by the City-selected consultant to ensure adequate fire flow is provided to the project site and water quality of the water main is not adversely impacted by the proposed design. The project applicant shall pay a “fair share” of the cost to upgrade the water main feeding hydrants serving the project site, which may include the entire cost of upgrading the water main. Upgrading of the water main shall be completed prior to project building construction and prior to building occupancy to ensure that adequate fire flow is available during project construction and operation.

WW 1 The proposed restaurant shall install a Fat, Oil, and Grease (FOG) Interceptor to remove these substances from its wastewater before entering the sanitary sewer system. This device helps prevent these substances from clogging the sanitary sewer system. The device shall be regularly inspected by the Los Angeles County Department of Public Works.

DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 ATTACHMENT 2 TO EXHIBIT A
34 B0785-0001\2824897v3.doc
DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 Final Supplemental Environmental Impact Report 1
Mitigation Monitoring and Reporting Program
Mitigation Monitoring and Reporting Program
This document is the Mitigation Monitoring and Reporting Program (MMRP) for the One Beverly Hills Overlay Specific Plan Project. The purpose of the MMRP is to ensure that the required mitigation measures identified in the Final Supplemental Environmental Impact Report (SEIR) are implemented as part of the overall project implementation. In addition to ensuring implementation of mitigation measures, the MMRP provides feedback to agency staff and decision-makers during project implementation and identifies the need for enforcement action before irreversible environmental damage occurs.

The following table summarizes the mitigation measures for each issue area identified for the proposed project in the Final SEIR. Where an impact was identified to be less than significant, no mitigation measures were required. The table identifies each mitigation measure, the action required for the measure to be implemented, the time at which the monitoring is to occur, the monitoring frequency, and the agency or party responsible for ensuring that the monitoring is performed. In addition, the table includes columns for compliance verification. These columns will be filled out by the monitoring agency or party and will document the timing of monitoring compliance.

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

DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 2 City of Beverly Hills
One Beverly Hills Overlay Specific Plan Project
When Monitoring Monitoring Responsible
Mitigation Measure Action Required to Occur Frequency Agency or Party Compliance Verification
Initial Date Comments
Aesthetics
MM-LG-1. Project lightsources The City shall verify that the Review and approval of a Review and Project Applicant, shall be shielded, directed Unified Lighting Plan, which Unified Lighting Plan approval once Community downward when intended to includes all project exterior before issuance of prior to issuance Development illuminate walking or working and landscaping lighting building permitsfor the of building Department surfaces, and focused on the includes appropriate installation of project permits for project site, to prevent light shielding and placement of lighting. Review and lighting spillover onto adjacent properties lighting. The City shall verification of installed installation. or roadways. inspect project lighting for lighting prior to issuance Review and consistency with the Unified of Certificate of verification once Lighting Plan. Occupancy. prior to issuance
of Certificate of
Occupancy.

Air Quality
MM-AQ-1. Prior to issuance of a The Project Applicantshall Review and approval of Review and Project Applicant, grading, demolition, or building prepare and submit the the plan prior to issuance approval once Construction permit, whichever comesfirst, the Construction Traffic of any construction- prior to issuance Contractor, Developershall prepare a Emissions Management Plan related permits. This of any Community Construction Traffic Emission for City review and approval. measure shall be in effect construction Development Management Plan to minimize Field verification shall be until the issuance of the permits. Periodic Department emissions from vehicles including, completed to document that Certificate of Occupancy. field verification but not limited to,scheduling truck emissionsfrom vehicles are throughout deliveries and haulroutesto avoid minimized. grading and peak-hourtraffic conditions, construction.
consolidating truck deliveries, and
prohibiting truck idling in excess of
5 minutes. The Construction Traffic
Emission Management Plan shall
be submitted to the City of Beverly
Hills Community Development
Department, and reviewed and
approved by the appropriate City
Departments/Divisions (e.g.,
Building and Safety, Planning,
Transportation).

DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 Final Supplemental Environmental Impact Report 3
Mitigation Monitoring and Reporting Program
When Monitoring Monitoring Responsible Compliance Verification Mitigation Measure Action Required to Occur Frequency Agency or Party Initial Date Comments MM-AQ-2. The Contractor shall
ensure that the use of all fossilfueled construction equipment is suspended during first-stage smog
alerts.1
MM-AQ-3. The Contractor shall
promote the use of electricity or
alternate fuels for on-site mobile
equipment instead of diesel
equipment to the extent feasible.

MM-AQ-4. The Contractor shall
maintain construction equipment
by conducting regular tune-ups
according to the manufacturers’
recommendations.

Field verification and written
documentation that the use
of all construction
equipment is suspended
during first-stage smog alerts
shall be submitted to the
City.

Field verification and written
documentation that
electricity or alternate fuels
are used for on-site mobile
equipment, where feasible,
shall be provided to the City.

Field verification and written
documentation that
construction equipment is
maintained according to
manufacturer
recommendations shall be
provided to the City.

During all construction
phases. This measure
shall be in effect until the
issuance of the Certificate
of Occupancy.

During all project
construction phases. This
measure shall be in effect
until the issuance of the
Certificate of Occupancy.

During all project
construction phases. This
measure shall be in effect
until the issuance of the
Certificate of Occupancy.

Ensure measure
is identified on
Project plans
prior to issuance
of grading or
construction
permits. Periodic
field verification
throughout
construction.

Ensure measure
is identified on
Project plans
priorto issuance
of grading or
construction
permits. Field
verification
periodically
throughout
construction.

Ensure measure
is identified on
Project plans
priorto issuance
of grading or
construction
permits.

Periodically
throughout
project
construction.

Project Applicant,
Construction
Contractor,
Community
Development
Department
Project Applicant,
Construction
Contractor,
Community
Development
Department
Project Applicant,
Construction
Contractor,
Community
Development
Department
1 First-stage smog alerts were issued when the ozone concentration reached 0.20 ppm, which corresponds to an eight-hour ozone air quality index (AQI) of 300 or a one-hour ozone AQI of 196 (USEPA 2014). SCAQMD no longer issues first-stage smog alerts. However, use of fossil-fueled construction equipment shall be suspended on the project site when the eight-hour ozone AQI equals or exceeds 300 and when the one-hour ozone AQI equals or exceeds 196.

DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 4 City of Beverly Hills
One Beverly Hills Overlay Specific Plan Project
When Monitoring Monitoring Responsible Compliance Verification Mitigation Measure Action Required to Occur Frequency Agency or Party Initial Date Comments MM-AQ-5. The Contractorshall Field verification and written During all project Ensure measure Project Applicant, promote the use of electric welders documentation that electric construction phases. This isidentified on Construction to avoid emissionsfrom gas or welders are used, where measure shall be in effect Project plans Contractor, diesel welders, to the extent feasible,shall be provided to until the issuance of the prior to issuance Community feasible. the City. Certificate of Occupancy. of grading or Development construction Department
permits.

Periodically
throughout
project
construction.

MM-AQ-6. The Contractorshall Field verification and written During all project Ensure measure Project Applicant, promote the use of on-site documentation that electric construction phases. This isidentified on Construction electricity or alternative fuels generators are used, where measure shall be in effect Project plans Contractor, rather than diesel-powered or feasible,shall be provided to until the issuance of the prior to issuance Community gasoline-powered generators to the City. Certificate of Occupancy. of grading or Development the extent feasible. construction Department
permits.

Periodically
throughout
project
construction.

MM-AQ-7. Prior to use in Verification that the Project Prior to and during Ensure measure Project Applicant, construction, the Developer and Applicant and Construction grading and construction. isidentified on Construction Contractorshall evaluate the Contractor evaluated the This measure shall be in Project plans Contractor, feasibility of retrofitting the large feasibility of retrofitting the effect until the issuance prior to issuance Community off-road construction equipment large off-road construction of the Certificate of of grading or Development that will be operating for equipmentshall be Occupancy. construction Department significant periods. Retrofit submitted to the City. permits. technologies such as particulate Periodically
traps, selective catalytic reduction, throughout all
oxidation catalysts, air construction
enhancement technologies, etc., phases.
shall be evaluated. These
technologies shall be required if
they are verified by the California
Air Resources Board (CARB) and/or
the United States Environmental
Protection Agency (USEPA) and are
DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 Final Supplemental Environmental Impact Report 5
Mitigation Monitoring and Reporting Program
When Monitoring Monitoring Responsible Compliance Verification Mitigation Measure Action Required to Occur Frequency Agency or Party Initial Date Comments commercially available and can
feasibly be retrofitted onto
construction equipment. Prior to
the start of each construction
phase, the Contractor shall submit
an equipment inventory report to
the City of Beverly Hills Community
Development Department for
review and approval. The
equipment inventory report shall
indicate which equipment will not
be operating forsignificant periods
(and will thus be excluded from
consideration for retrofits) and
which equipment will be
retrofitted. For all equipment that
will operate for significant periods
but will not be retrofitted, the
equipment inventory report shall
provide substantial evidence as to
why retrofits are not available or
feasible.

MM-AQ-8. The Contractorshall Verification that the Project Prior to and during Ensure measure Project Applicant, use tandem trucks(also known as Applicant and Construction grading and construction. isidentified on Construction double belly dump trucks) with a Contractor have arranged for This measure shall be in Project plans Contractor, minimum capacity of 28 cubic and continue the use of effect until the issuance prior to issuance Community yards(CY) for hauling soil material tandem trucksfor soil of the Certificate of of grading or Development from the project site. hauling shall be provided to
the City.

Occupancy. construction
permits.

Periodically
throughout
construction.

Department
MM-AQ-9. Demolition and grading Field verification and written Prior to and during Ensure measure Project Applicant, phasesshall not be conducted documentation that demolition and grading isidentified on Construction concurrently. Each demolition or
grading phase must be fully
completed before commencement
of the subsequent demolition or
grading phase.
demolition and grading
activities are not conducted
concurrently shall be
provided to the City.
phases. Project plans
priorto issuance
of grading or
construction
permits.

Contractor,
Community
Development
Department
DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 6 City of Beverly Hills
One Beverly Hills Overlay Specific Plan Project
When Monitoring Monitoring Responsible Compliance Verification Mitigation Measure Action Required to Occur Frequency Agency or Party Initial Date Comments MM-AQ-10. The Contractorshall
ensure that traffic speeds on all
unpaved roads are reduced to 15
miles per hour (mph) or less.

MM-AQ-11. The Contractor shall
ensure that the project site is
watered at least three times daily
during dry weather.

MM-AQ-12. The Contractor shall
install wind monitoring equipment
on site, to the extent feasible, and
suspend grading activities when
wind speeds exceed 25 mph per
the South Coast Air Quality
Management District (SCAQMD)
guidelines.

Field verification and written
documentation that speeds
on all unpaved roads are
reduced to 15 mph or less
shall be provided to the City.

Field verification and written
documentation that the site
is watered at least three
times daily during dry
weathershall be provided to
the City.

Field verification and written
documentation shall be
provided to the City that
illustrates the Contractor
installed wind monitoring
equipment on site, to the
extent feasible, and
suspends grading activities
when wind speeds exceed 25
mph.

Prior to grading and
construction. This
measure shall be in effect
until the issuance of the
Certificate of Occupancy.

Prior to and during
grading and construction.

This measure shall be in
effect until the issuance
of the Certificate of
Occupancy.

Prior to and during
grading and construction.

This measure shall be in
effect until the issuance
of the Certificate of
Occupancy.

Periodically
during demolition
and grading
phases.

Ensure measure
is identified on
Project plans
priorto issuance
of grading or
construction
permits.

Periodically
throughout all
construction
phases.

Ensure measure
is identified on
Project plans
priorto issuance
of grading or
construction
permits.

Periodically
throughout all
construction
phases.

Ensure measure
is identified on
Project plans
priorto issuance
of grading or
construction
permits.

Periodically
throughout all
construction
phases.

Project Applicant,
Construction
Contractor,
Community
Development
Department
Project Applicant,
Construction
Contractor,
Community
Development
Department
Project Applicant,
Construction
Contractor,
Community
Development
Department
DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 Final Supplemental Environmental Impact Report 7
Mitigation Monitoring and Reporting Program
When Monitoring Monitoring Responsible Compliance Verification Mitigation Measure Action Required to Occur Frequency Agency or Party Initial Date Comments MM-AQ-13. The Contractor shall
water storage piles or apply cover
when wind events are declared
(wind speedsin excess of 25 mph).

MM-AQ-14. The Contractor shall
apply nontoxic chemical soil
stabilizers on inactive construction
areas (disturbed lands within
construction projects that are
unused for at least four
consecutive days).

MM-AQ-15. The Contractor shall
replace ground coverin disturbed
areas as quickly as possible.

MM-AQ-16. The project proponent
shall establish a third-party air
quality consultant to conduct
monitoring of the PM10 (dust)
concentrations during the project
demolition, excavation, and
Field verification and written
documentation that storage
piles are watered when wind
is in excess of 25 mph shall
be provided to the City.

Field verification and written
documentation that the
contractor applies nontoxic
chemical soil stabilizers on
inactive construction areas
shall be provided to the City.

Field verification and written
documentation that ground
cover has been replaced in
disturbed areas shall be
provided to the City.

The Community
Development Department
shall hire a third-party air
quality consultant. Weekly
monitoring reports
documenting compliance
Prior to and during
grading and construction.

This measure shall be in
effect until the issuance
of the Certificate of
Occupancy.

Prior to and during all
construction phases. This
measure shall be in effect
until the issuance of the
Certificate of Occupancy.

Prior to and during all
construction phases. This
measure shall be in
effect until the issuance
of the Certificate of
Occupancy.

Prior to and during
demolition, grading, and
excavation phases of
construction.

Ensure measure
is identified on
Project plans
priorto issuance
of grading or
construction
permits.

Periodically
throughout all
construction
phases.

Ensure measure
is identified on
Project plans
priorto issuance
of grading or
construction
permits.

Periodically
throughout all
construction
phases.

Ensure measure
is identified on
Project plans
priorto issuance
of grading or
construction
permits.

Periodically
throughout all
construction
phases.

Ensure measure
is identified on
Project plans
priorto issuance
of grading or
construction
Project Applicant,
Construction
Contractor,
Community
Development
Department
Project Applicant,
Construction
Contractor,
Community
Development
Department
Project Applicant,
Construction
Contractor,
Community
Development
Department
Project Applicant,
Community
Development
Department
DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 8 City of Beverly Hills
One Beverly Hills Overlay Specific Plan Project
When Monitoring Monitoring Responsible Compliance Verification Mitigation Measure Action Required to Occur Frequency Agency or Party Initial Date Comments grading phases of project
construction (approximately
588 workdays) to determine
compliance with applicable air
quality standards. Monitoring shall
be accomplished using DustTrak™
aerosol monitors or other similar
monitoring network and shall meet
the following requirements:
 The third-party consultantshall
be approved by the City of
Beverly Hills Planning
Department.
 Costs for the monitoring
network and tests by the thirdparty consultantshall be borne by the project applicant.
 Monitors shall be located in
such a mannerthat appropriate
upwind (background) and two
downwind locations from the
project are selected. The
locations shall be selected in
order to monitor the project’s
contribution to ambient PM10
concentrations and to minimize
the influence of dust
contributions from outside
sources. One downwind
monitoring station shall be
located near El Rodeo School’s
southern perimeter. The other
downwind monitor shall be
located in an area beyond the
project boundary where the
general public could be present
for a period of more than one
hour. The upwind and
downwind directions shall be
based on the prevailing
with applicable air quality
regulations and the air
quality mitigation measures
contained in this MMRP shall
be submitted to the
Community Development
Department for review. The
Project Applicant shall
submit a corrective action
plan and have such plan
approved prior to
commencement of
demolition activities.
permits.

Continuously
throughout
demolition,
grading, and
excavation
phases of
construction.

Weekly reports
documenting
conditions and
compliance.

DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 Final Supplemental Environmental Impact Report 9
Mitigation Monitoring and Reporting Program
When Monitoring Monitoring Responsible Compliance Verification Mitigation Measure Action Required to Occur Frequency Agency or Party Initial Date Comments daytime wind direction in the
vicinity of the project site. All
locations shall be approved by
the third-party air quality
consultant and the Community
Development Director.
 The monitoring network shall
include at least one
anemometerto measure wind
speeds and directions.
 Each monitoring station shall
be secured in such a manner to
prevent access and tampering
by unauthorized persons and to
prevent damage to the
equipment.
 Each monitoring station shall
be sited in a location with
access to necessary
infrastructure (e.g., electricity
needs, foundation
requirements, internet
connectivity).
 Monitors shall be calibrated
using collocated filter-based
samplers (Mini-Vol or other
similar equipment). The thirdparty consultantshall calibrate the DustTrak™ monitors as
needed to ensure that data is
within acceptable margins of
error as determined by
manufacturer’s specifications.
 The 5-hour rolling average dust
concentration threshold is
equalto the threshold specified
in SCAQMD Rule 403 (50
micrograms per cubic meter) as
determined by the difference
DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 10 City of Beverly Hills
One Beverly Hills Overlay Specific Plan Project
When Monitoring Monitoring Responsible Compliance Verification Mitigation Measure Action Required to Occur Frequency Agency or Party Initial Date Comments between the upwind and
downwind stations. The 1-hour
average dust concentration
threshold shall be set at a level
of 150 micrograms per cubic
meter to provide sufficient
warning for on-site
construction managers or
supervisors to implement
corrective measures. An
exceedance of the 1-hour
threshold shall not be deemed
as a violation of any air quality
standard or regulation.
 Monitoring shall be continuous
and provide data at 5-minute
intervals. The data shall report
rolling 5-hour and rolling 1-
hour average PM10
concentrations. Monitoring
shall be active on any day that
construction activity occurs
during the demolition,
excavation, and grading phases
of project construction. Data
shall be made available to the
third-party consultant, the City
of Beverly Hills, the project
applicant, and the on-site
contractor on a secured
internet website. The general
public shall have access to 5-
hour average PM10
concentrations on a publicly
accessible website.
 Monitors shall be equipped
with a visual alarm (strobe light
or similar) that shall notify
appropriate on-site
construction managers or
DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 Final Supplemental Environmental Impact Report 11
Mitigation Monitoring and Reporting Program
When Monitoring Monitoring Responsible Compliance Verification Mitigation Measure Action Required to Occur Frequency Agency or Party Initial Date Comments supervisors if established
thresholds are exceeded.

Additionally, an emailshall be
sent to appropriate on-site
construction managers or
supervisors if specified PM10
thresholds are exceeded.
 All corrective measures, as
necessary to reduce emissions
to acceptable levels, shall be
implemented immediately. If
immediate implementation of a
specific corrective measure will
result in the creation of a
hazardous situation, as
determined by the
Environmental Monitor,
construction activity shall be
allowed to continue for a
reasonable period of time as
determined by the
Environmental Monitor, until
such time that it is safe to
implement that corrective
measure. Corrective measures
shall be documented by the
construction contractor in a log
book accessible to the thirdparty air quality consultant and the City of Beverly Hills.

Records shall be maintained of
the specific action taken, the
time and date the corrective
action was taken, and written
verification by the appropriate
on-site construction manager
or supervisor that the
corrective action was taken.
 The project applicant and
contractor shall develop a
DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 12 City of Beverly Hills
One Beverly Hills Overlay Specific Plan Project
When Monitoring Monitoring Responsible Compliance Verification Mitigation Measure Action Required to Occur Frequency Agency or Party Initial Date Comments corrective action plan. The plan
shall be prepared and finalized
prior to the commencement of
project demolition, the Plan
shall indicate steps to safely
and adequately reduce on-site
dust emissions. The plan shall
contain a list of possible
corrective measures. The
measures shall include, but are
not limited to, application of
water or other soil stabilizers,
temporary reduction in on-site
vehicle speed, temporary
reduction in construction
activity, suspension of
construction activity, and other
appropriate measures. The plan
shall also require notification of
the Principal of El Rodeo School
and the Beverly Hills Unified
School District Superintendent
in the event of an exceedance
of any of the established
thresholds. The project
applicant and contractor shall
obtain approval of the plan
from the City of Beverly Hills
Community Development
Director prior to commencing
demolition.

MM-AQ-17. The project applicant
and/or contractor shall comply
with SCAQMD Rule 403 by ensuring
visible dust emissions from the
project site do not go beyond the
property line.
 The project applicant and/or
contractor shall designate a
The Project Applicant and/or
Contractorshall comply with
SCAQMD Rule 403 by
ensuring visible dust
emissions from the project
site do not go beyond the
property line. Specifically,
the project applicant and/or
contractor shall designate a
Priorto and during all
construction phases.

Ensure measure
is identified on
Project plans
priorto issuance
of grading or
construction
permits.

Continuously
throughout all
Project Applicant,
Construction
Contractor,
Community
Development
Department,
Beverly Hills
Unified School
DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 Final Supplemental Environmental Impact Report 13
Mitigation Monitoring and Reporting Program
When Monitoring Monitoring Responsible Compliance Verification Mitigation Measure Action Required to Occur Frequency Agency or Party Initial Date Comments person located on-site who is
trained and certified by CARB
to conduct visible emissions
evaluations (VEE). The
designated person shall ensure
compliance with SCAQMD Rule
403 by observing for visible
dust emissions beyond the
property line during daytime
working hours. Observations
shall be conducted in
accordance with USEPA
Method 9 (Title 40, Code of
Federal Regulations, Part 60,
Appendix A).
 The project applicant and/or
contractor shall obtain a
schedule of outdoor activities
and athletic events at El Rodeo
School and Beverly Hills High
School during the construction
period from the City or the
Beverly Hills Unified School
District as soon as the
information becomes available,
The City shall immediately
provide this information to the
project applicant and
contractor. Provided that the
Beverly Hills Unified School
District has provided the
scheduling information in a
timely manner, the project
applicant and contractor shall
require coordination of all
construction activities so as to
minimize the occurrence of
high-emitting fugitive dust
construction activities during
the scheduled outdoor events
person located on-site who is
trained and certified by the
CARB to conduct VEE. In the
event visible dust emissions
are observed beyond the
property line, the designated
person shall immediately
inform the lead supervisor or
other appropriate managing
personnel. The Beverly Hills
Unified School District shall
provide the City of Beverly
Hills with its schedule of
outdoor activities and
athletic events at El Rodeo
School and Beverly Hills High
School during the
construction period as soon
as the information becomes
available.
construction
phases.

District
DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 14 City of Beverly Hills
One Beverly Hills Overlay Specific Plan Project
When Monitoring Monitoring Responsible Compliance Verification Mitigation Measure Action Required to Occur Frequency Agency or Party Initial Date Comments to the extent feasible.
 In the event visible dust
emissions are observed beyond
the property line, the
designated person shall
immediately inform the lead
supervisor or other appropriate
managing personnel. The
supervisor shall immediately
implement corrective
measures. If visible dust
emissions are anticipated to
impact El Rodeo School, the
supervisor shall notify the
Principal of El Rodeo School
and the Beverly Hills Unified
School District Superintendent.

If immediate implementation
of a corrective measure shall
result in the creation of a
hazardous situation,
construction activity shall be
allowed to continue for a
reasonable period of time until
such time that it is safe to
implement corrective
measures. Correctivemeasures
shall be documented by the
construction contractor in a log
book accessible to a third-party
air quality consultant and the
City of Beverly Hills. Records
shall be maintained of the
specific action taken, the time
and date the corrective action
was taken, and written
verification by the appropriate
on-site construction manager
or supervisor that the
corrective action was taken.

DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 Final Supplemental Environmental Impact Report 15
Mitigation Monitoring and Reporting Program
When Monitoring Monitoring Responsible
Mitigation Measure Action Required to Occur Frequency Agency or Party Compliance Verification
Initial Date Comments
Biological Resources
MM-BIO-1. The project
applicant/contractor should
conduct all demolition,
construction, ground disturbance,
and vegetation clearing activities
(collectively referred to as
“construction activities”) in such a
way as to avoid protected nesting
birds. To that end, no construction
activitiesshould be initiated during
the avian breeding and nesting
season (February 1 – August 31).

If, however, construction activity is
initiated during the avian breeding
and nesting season (February 1 –
August 31), a pre-construction
survey shall be conducted by a
qualified biologist for active bird
nests (those containing eggs or
nestlings, or with juvenile birds still
dependent on the nest). The survey
shall be conducted by a qualified
biologist no more than seven days
prior to the initiation of
construction activities. The nesting
bird survey shall cover the
construction footprint plus a buffer
of 500 feet, as feasible. In the
event access to private, off-site
areas is denied, areas can be
surveyed from the project site with
binoculars or other means.

Any active nests that are present
during the pre-construction survey
shall be avoided until determined
by the biologist to no longer be
active. The biologist shall
determine appropriate avoidance
The City shall verify that
construction is scheduled
outside of the bird breeding
season; if construction is to
occur during the bird
breeding season, the City
shall verify and review the
completion of a nesting bird
survey and survey results. If
nests are found, the City
shall verify through field
monitoring the compliance
with established buffer.

If construction is delayed
after the survey has been
conducted, an additional
nesting bird survey shall be
conducted such that no more
than seven days have
elapsed between the last
survey and the
commencement of
construction activities.

Review and verification
prior to issuance of any
construction permit.

Review and
verification once
priorto issuance
of any
construction
permit. After
each additional
survey (as
necessary).

Project Applicant,
Construction
Contractor,
Community
Development
Department,
Project Biologist
DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 16 City of Beverly Hills
One Beverly Hills Overlay Specific Plan Project
When Monitoring Monitoring Responsible Compliance Verification Mitigation Measure Action Required to Occur Frequency Agency or Party Initial Date Comments buffersfor each nest based on
species, nest location, and types of
disturbance proposed in the
vicinity of the nest.

If construction activities are
delayed after the survey has been
conducted, the qualified biologist
shall conduct an additional nesting
bird survey such that no more than
seven days have elapsed between
the last survey and the
commencement of construction
activities.

MM-BIO-2. If demolition is The Project Applicantshall Review and verification Review and Project Applicant, scheduled outside of the bat conduct a pre-construction prior to issuance of any verification once Construction maternity season (April 1–August
31), a pre-construction clearance
survey shall be conducted within
two weeks prior to demolition of
the gas station site buildings to
determine whether bats are
roosting. If bats are confirmed
absent, the buildings may be
removed. If bats are present, the
building shall not be demolished
untilthe steps described below are
completed.

If bats are determined to be
present during the preconstruction clearance survey,
prior to demolition of the Spanish
tile-roofed buildings, a qualified
bat biologistshall install or directly
supervise installation of humane
eviction devices and exclusionary
material to evict bats that are
present and to prevent bats from
roosting in the buildings.

Implementation of the humane
bat survey of the gas station
site in the two weeks prior to
the start of demolition
activities. The City shall verify
and review completion of a
bat survey and survey
results. If bats are found, the
City shall verify that humane
eviction or the provisioning
of replacement roosting sites
is completed at least 10-14
days prior to construction
activities.
construction permit. prior to issuance
of any
construction
permit.

Contractor,
Community
Development
Department,
Project Biologist
DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 Final Supplemental Environmental Impact Report 17
Mitigation Monitoring and Reporting Program
When Monitoring Monitoring Responsible Compliance Verification Mitigation Measure Action Required to Occur Frequency Agency or Party Initial Date Comments eviction/exclusions is typically
performed in the fall (September
or October) preceding construction
activity at each structure to avoid
impacts to hibernating bats during
the winter months or during the
maternity season (typically from
April 1 through August 31 in
Southern California), when
flightless young are present.

Humane evictions/exclusions
cannot be performed during the
bat maternity season because this
would result in “take” of juvenile
bats and should be avoided during
the winter because bats are not
consistently active and may be
hibernating. Any humane
eviction/exclusion devices must be
installed at least 10 to 14 days prior
to the demolition of a structure
housing bats to allow sufficient
time for the bats to vacate the
roost(s).

If demolition is scheduled during
the bat maternity season (April 1–
August 31), a pre-construction
clearance survey shall be
conducted within two weeks of
demolition of the gas station site
buildings to determine whether
maternity colonies use the gas
station site buildings. If the preconstruction clearance survey determines maternity colonies use
the gas station site buildings or
their use of the buildings cannot be
ruled out, replacement bat
roosting habitat structures shall be
installed on site. The design of
DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 18 City of Beverly Hills
One Beverly Hills Overlay Specific Plan Project
When Monitoring Monitoring Responsible Compliance Verification Mitigation Measure Action Required to Occur Frequency Agency or Party Initial Date Comments these structuresshall be developed
in coordination with a bat biologist
who has experience designing
roosting habitat mitigation to
ensure that appropriate crevice
sizes and adequate thermal
characteristics are included in the
specifications. The aspect and
location of the rooststructures
shall also be determined in
coordination with a bat biologist.

Cultural Resources
MM-CR-3a. In the event a The Project Applicantshall During ground disturbing Ensure measure Project Applicant, previously unknown artifact is notify the Community construction activities. isidentified on Construction uncovered during project Development Department if Project plans Contractor, construction, all work shall cease a previously unknown prior to issuance Community until a certified archaeologist can artifact is uncovered. If of grading or Development investigate the finds and make resources are found and/or construction Department, appropriate recommendations. exposed, the applicantshall permits. Archaeological Any artifacts uncovered shall be provide proof that a certified Continuously Construction recorded and removed forstorage archaeologist has throughout Monitor at a location to be determined by investigated and has made ground disturbing the monitor. appropriate construction
recommendations. activities.

MM-CR-3b. Potentially historic sign The Project Applicant, under Prior to issuance of the Once prior to Project Applicant, posts adjacent to the project site the direction of the Certificate of Occupancy. issuance of Community on Merv Griffin Way shall be Community Development Certificate of Development preserved and reinstalled in Departmentshall hire an Occupancy. Department, approximately the same locations, architectural historian Project as appropriate, in consultation with qualified under the Secretary Architectural the project proponents, the City of of the Interior’s Standards. Historian Beverly Hills, and an architectural Historic sign postsshall be historian qualified under the preserved and reinstalled, as Secretary of the Interior’s advised.

Standards.

DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 Final Supplemental Environmental Impact Report 19
Mitigation Monitoring and Reporting Program
When Monitoring Monitoring Responsible Compliance Verification Mitigation Measure Action Required to Occur Frequency Agency or Party Initial Date Comments MM-CR-4. If buried cultural The applicantshall notify the During ground disturbing Ensure measure Project Applicant, resources are encountered during
construction, all work shall be
halted in the vicinity of the
archaeological discovery until a
qualified archaeologist can assess
the nature and significance of the
archaeological discovery, per CEQA
Guidelines Section 15064.5(f).

Recovery of significant
archaeological deposits, if
necessary, shall include but not be
limited to, manual or mechanical
excavations, monitoring, soils
testing, photography, mapping, or
drawing to adequately recoverthe
scientifically consequential
information from and about the
archaeological resource. Further
treatment may be required,
including site recordation,
excavation, site evaluation, and
data recovery. Any artifacts
uncovered shall be recorded and
removed for storage at a location
to be determined by the
archaeologist.

Community Development
Department if a buried
cultural resource is
uncovered. If resources are
found and/or exposed, the
applicantshall provide proof
that a certified archaeologist
has investigated and has
made appropriate
recommendations.
construction activities. isidentified on
Project plans
priorto issuance
of grading or
construction
permits.

Continuously
throughout
ground disturbing
construction
activities.

Construction
Contractor,
Community
Development
Department,
Archaeological
Construction
Monitor
MM-CR-5b. If human remains are If human remains are found During all project Continuously Project Applicant, found, State of California Health
and Safety Code, Section 7050.5,
states that no further disturbance
should occur until the County
Coroner has made a determination
of origin and disposition pursuant
to California Public Resources
Code, Section 5097.98. In the event
of an unanticipated discovery of
human remains, the County
Coroner must be notified
immediately. If the human remains
and/or exposed, the Project
Applicant shall document
and submit written proof
that the procedures listed in
this mitigation measure have
been implemented and
complied with.
construction activities. throughout
project
construction.

Construction
Contractor,
Community
Development
Department,
Archaeological
Construction
Monitor
DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 20 City of Beverly Hills
One Beverly Hills Overlay Specific Plan Project
When Monitoring Monitoring Responsible Compliance Verification Mitigation Measure Action Required to Occur Frequency Agency or Party Initial Date Comments are determined to be prehistoric,
the coroner will notify the Native
American Heritage Commission,
which will determine and notify a
most likely descendant. The most
likely descendant should complete
the inspection of the site within 48
hours of being granted access and
provide recommendations for the
treatment of the remains.

MM-CR-7. Because the period of The Project Architectural Prior to issuance of Once prior to Project Applicant, significance for the property is Historian, under the grading and building issuance of Community relatively modern (1955-1966), direction of the Community permits. grading and Development efforts shall be made to document Development Department, building permits. Department, oral histories of individuals who shall record one to two Project have relevant knowledge and interviews with individuals Architectural experience with the cultural and who have relevant Historian social history of the property knowledge and experience during thistime period. Individuals regarding the history of the with valuable institutional projectsite. Copies of the
knowledge of the property should interview shall be provided be interviewed to capture this to at least two local
history before it islost forever. organizations.

Outreach shall be conducted to
identify a maximum of two
individuals to complete interviews,
not to exceed one hour each.

Outreach should include but not be
limited to coordination with the
Hilton Worldwide Holdings, Inc.
(formerly Hilton Hotels
Corporation) and former associates
and/or family of Welton Becket.

Interviewsshall be conducted using
audio and/or video documentation
and shall be transcribed. The
resulting interview materials shall
be offered to a minimum of two
local organizationssuch asthe
Beverly Hills Historical Society and
DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 Final Supplemental Environmental Impact Report 21
Mitigation Monitoring and Reporting Program
When Monitoring Monitoring Responsible Compliance Verification Mitigation Measure Action Required to Occur Frequency Agency or Party Initial Date Comments the Beverly Hills Public Library
(Historical Collection).

MM-CR-8. An interpretive plaque The Project Applicantshall Verification of plaque Once prior to Project Applicant, discussing the history of the hire a qualified architectural design prior to issuance of issuance of Community property, itssignificance, and its historian or historian who Certificate of Occupancy. Certificate of Development important details and featuresshall meets the Secretary of the Field verification of plaque Occupancy and Department, be installed at the site. The plaque Interior’s Professional installation within one field verification Project shall be installed by the project Qualification Standards for year of the completion of once in the first Architectural proponent prior to issuance of History and/or Architectural construction. year after Historian building occupancy permits on a History to prepare an construction is publicly accessible building or in a interpretive plaque completed. publicly accessible outdoor discussing the significance location on the projectsite. The and history of the project plaque shall include images and site. The plaque shall be details from the previously installed by the Project
prepared Historic American Applicant in a publicly
Buildings Survey (HABS) accessible area of the project
documentation, oral histories, and site.
any collected research pertaining
to the historic property. The
contentshall be prepared by a
qualified architectural historian or
historian who meetsthe Secretary
of the Interior’s Professional
Qualification Standards for History
and/or Architectural History
(National Park Service 1983).

Installation of the plaque shall be
completed within one year of the
date of completion of construction
of the proposed project.

Energy
MM-ENG-1. Prior to issuance of The Project Applicantshall Prior to issuance of Once prior to Project Applicant, building permits, the applicant obtain a will-serve letter grading and building issuance of Community shall make necessary alterationsto from SCE and provide it to permits. grading and Development the generation or distribution the Community building permits. Department system asrequired by Southern Development Department.

California Edison (SCE). The
applicantshall then provide to the
DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 22 City of Beverly Hills
One Beverly Hills Overlay Specific Plan Project
When Monitoring Monitoring Responsible Compliance Verification Mitigation Measure Action Required to Occur Frequency Agency or Party Initial Date Comments Beverly Hills Community
Development Department a letter
from SCE thatstates that electricity
will be provided to the proposed
project and that all applicable
energy conservation features have
been incorporated into the project
design.

MM-ENG-2. Prior to issuance of The Project Applicantshall Prior to issuance of Once prior to Project Applicant, building permits, the applicant obtain a will-serve letter grading and building issuance of Community shall complete a load survey in from the SoCal Gas and permits. grading and Development accordance with the Southern provide it to the Community building permits. Department California Gas Company (SoCal Gas) Development Department. procedures and make any
necessary alterationsto the
distribution system as required by
the Gas Company. The applicant
shall then provide to the Beverly
Hills Community Development
Department a letter from the SoCal
Gas, which statesthat natural gas
will be provided to the proposed
project and that all applicable
energy conservation features have
been incorporated into the project
design.

Geology and Soils
MM-GEO-1. A Registered Civil The Project Applicantshall Prior to issuance of Once prior to Project Applicant, Engineer and Certified Engineering hire a Registered Civil grading and building issuance of Construction Geologistshall complete a final Engineer and Certified permits. grading and Contractor, geotechnical investigation specific Engineering Geologist to building permits. Community to the proposed project. The complete a final geotechnical Development geotechnical evaluation shall investigation. The report Department include, but not be limited to, an shall be furnished to the estimation of both vertical and BuildingOfficial for review horizontal anticipated peak ground and approval. The grading accelerations and seismic design and structural design plans parameters. The proposed project shall comply with the
shall be designed and constructed recommendations contained DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 Final Supplemental Environmental Impact Report 23
Mitigation Monitoring and Reporting Program
When Monitoring Monitoring Responsible Compliance Verification Mitigation Measure Action Required to Occur Frequency Agency or Party Initial Date Comments in accordance with
recommendations contained in the
site-specific geotechnical
investigation and in accordance
with all applicable local, state, and
federal regulations, such as the
California Building Code (CBC) and
Title 9 of the Beverly Hills
Municipal Code. All buildings shall
be engineered to withstand the
expected ground acceleration that
may occur at the project site. The
building designs shall take into
consideration the most current and
applicable seismic attenuation
methods that are available.

Recommendations contained in the
site-specific geotechnical
investigation shall be reviewed and
approved by the Building Official
and incorporated into final grading
and structural design plans, as
deemed appropriate by the
Community Development Director.

Compliance with these
requirements shall be verified by
the City of Beverly Hills prior to the
issuance of a building permit.
in the geotechnical
investigation and all
applicable local,state, and
federal regulations.

Hazards and Hazardous Materials
MM-HAZ-1. Any suspect lead- The Project Applicantshall Prior to issuance of Once prior to Project Applicant, based paint (LBP)shall be sampled
prior to any renovations or
demolition activities. Any identified
lead-based paint located within
buildings scheduled for renovation
or demolition, or noted to be
damaged, shall be abated by a
licensed lead-based paint
abatement contractor, and
disposed of according to allstate
hire a licensed lead
abatement contractor to
sample any suspect LBP prior
to demolition activities. If
LBP is identified, the
Community Development
Department shall verify that
remediation plans include
notes and specific
instructions outlining the
demolition permits. issuance of
demolition
permits.

Construction
Contractor,
Community
Development
Department/
Building and
Safety Division,
Project
Remediation
DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 24 City of Beverly Hills
One Beverly Hills Overlay Specific Plan Project
When Monitoring Monitoring Responsible Compliance Verification Mitigation Measure Action Required to Occur Frequency Agency or Party Initial Date Comments and local regulations. processfor implementation Specialist ofthis mitigation measure.

The plan check engineers
shall review the plansto
ensure that they comply with
thisrequirement.

MM-HAZ-2. Construction activities The Project Applicantshall Prior to issuance of Once prior to Project Applicant, shall comply with SCAQMD Rule hire a licensed asbestos demolition permits. issuance of Construction 1403 - Asbestos Emissionsfrom abatement contractor to demolition Contractor, Demolition/Renovation Activities. sample any suspect ACM permits. Community This rule is intended to limit prior to demolition activities. Development asbestos emissions from If ACM is identified, the Department/ demolition or renovation of Community Development Building and structures and the associated Departmentshall verify that Safety Division, disturbance of asbestos-containing remediation plans include Project materials (ACMs) generated or notes and specific Remediation handled during these activities. The instructions outlining the Specialist rule requiresthat SCAQMD be processfor implementation
notified before demolition or ofthis mitigation measure. renovation activity occurs. This The plan check engineers notification includes a description shall review the plansto ofstructures and methods utilized ensure that they comply with to determine the presence of or thisrequirement.
absence of asbestos. All ACMs
found on the site shall be removed
prior to demolition or renovation in
accordance with the requirements
of Rule 1403.

MM-HAZ-3. Prior to demolition The Project Applicantshall Prior to issuance of Once prior to Project Applicant, activities, the sampling of suspect hire a licensed lead demolition permits. issuance of Construction materialsforlead contentshall be abatement contractor to demolition Contractor, conducted. If these surfaces are sample suspect lead prior to permits. Community determined to contain demolition activities. If lead Development concentrations of lead at or above isidentified, the Community Department/ regulatory limits, theirremoval by Development Department Building and a licensed abatement contractor in shall verify that remediation Safety Division, accordance with applicable plansinclude notes and Project regulationsshall be necessary prior specific instructions outlining Remediation to demolition or renovation the process for Specialist
DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 Final Supplemental Environmental Impact Report 25
Mitigation Monitoring and Reporting Program
When Monitoring Monitoring Responsible Compliance Verification Mitigation Measure Action Required to Occur Frequency Agency or Party Initial Date Comments activities. implementation of this
mitigation measure. The plan
check engineersshall review
the plans to ensure that they
comply with this
requirement.

MM-HAZ-4. During demolition or The Project Applicantshall Prior to issuance of Once prior to Project Applicant, renovation activities, the airborne hire a licensed lead demolition permits and issuance of Construction lead concentration shall not exceed abatement contractor to throughout demolition, if demolition Contractor, the Permissible Exposure Level sample the airborne lead required. permits. Community (PEL), asrequired by the California concentration during to Continuously Development Occupational Health and Safety demolition and renovation throughout Department/ Administration (Cal/OSHA), Title 8, activities. If airborne lead demolition, if Building and California Code of Regulations concentration exceed the required. Safety Division, (CCR), Construction Safety Orders PEL, the Contractorshall halt Project for Lead, Section 1532.1. work and follow the Remediation directions of the Specialist
Remediation Specialist. This
measure shall also be
included in the remediation
plans. The plan check
engineersshallreview the
plansto ensure that they
comply with this
requirement.

MM-HAZ-5. The demolition debris The Community Prior to issuance of Once prior to Project Applicant, waste stream shall be analyzed for Development Department demolition permits and issuance of Construction lead content during materials shall verify that remediation throughout demolition. demolition Contractor, separation to ensure compliance plansinclude notes and permits. Community with USEPA regulations related to specific instructions outlining Continuously Development transportation and disposal of the process for throughout Department/ hazardous materials. implementation of this demolition. Building and mitigation measure. The plan Safety Division,
check engineersshall review Project
the plans to ensure that they Remediation
comply with this Specialist
requirement.

DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 26 City of Beverly Hills
One Beverly Hills Overlay Specific Plan Project
When Monitoring Monitoring Responsible Compliance Verification Mitigation Measure Action Required to Occur Frequency Agency or Party Initial Date Comments MM-HAZ-6. All personnel workers Proof of training and Prior to issuance of Once prior to Project Applicant, potentially exposed to lead- protection (e.g.,sign in demolition permits and demolition Construction containing materials shall be sheets, worker protection throughout demolition, as activities. Contractor, trained and protected in plan, etc.) in accordance with required. Periodically Community accordance with federal OSHA federalOSHA regulations throughout Development regulations. shall be provided to the demolition, as Department Community Development required.

Department.

MM-HAZ-7. Fluorescent light The Remediation Specialist Verification of compliance Once prior to Project Applicant, ballast labelsshall be inspected shall inspect fluorescent light prior to demolition demolition Construction prior to demolition. If the ballast ballast labels prior to activities. activities. Contractor, labels do not include the statement demolition. If the ballast Community “No PCBs”, the ballast(s)shall be labels do not include the Development properly removed by a licensed statement “No PCBs”, the Department/ PCB removal contractor and ballast(s)shall be properly Building and disposed of as PCB-containing removed by a licensed PCB Safety Division, waste prior to demolition. removal contractor and Project disposed of as PCB- Remediation
containing waste prior to Specialist
demolition. The Community
Development Department
shall verify that remediation
plansinclude notes and
specific instructions outlining
the process for
implementation of this
mitigation measure. The plan
check engineersshall review
the plans to ensure that they
comply with this
requirement.

MM-HAZ-8. The projectshall The Project Applicantshall Prior to issuance of Once prior to Project Applicant, comply with the closure conditions coordinate with LADWP EPD demolition permit and issuance of Construction as directed in the Closure Permit to for the proper removal and throughout demolition. demolition Contractor, be issued by the Los Angeles closure of the UST on the gas permit. LADWP EPD, County Department of Public station site. The Project Periodically Beverly Hills Works Environmental Programs Applicantshall notify the throughout Unified School Division (LACDPW EPD)and shall Beverly Hills Unified School demolition, as District, meet, at a minimum, the applicable District and El Rodeo School required. Community DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 Final Supplemental Environmental Impact Report 27
Mitigation Monitoring and Reporting Program
When Monitoring Monitoring Responsible Compliance Verification Mitigation Measure Action Required to Occur Frequency Agency or Party Initial Date Comments requirements of California Health via written mail and email of Development and Safety Code Division 20, UST removal and approval of Department Chapter 6.7, Section 25298, the UST Closure Permit. The California Code of Regulations Title Project Applicantshall also 23, Division 3, Chapter 16, Sections provide UST closure 2670 through 2672, and the Los documentation to the
Angeles County Code. Additionally, Community Development the project applicantshall provide Department.
noticing to Beverly Hills Unified
School District and to the
administrative office of El Rodeo
School at the time of the
underground storage tank (UST)
removal and upon receipt of
approval of a UST Closure Permit
from the LACDPW EPD.

Hydrology and Water Quality
MM-HYDRO-1. Prior to the start of The Project Applicantshall Prior to issuance of any Once prior to Project Applicant, soil-disturbing activities at the site, prepare a NOI and SWPPP. grading and building issuance of any Community a Notice of Intent (NOI) and permits. grading and Development Stormwater Pollution Prevention building permits. Department, Plan (SWPPP)shall be prepared in Department of
accordance with, and in order to Public Works
partially fulfill, the California
SWRCB Order No. 99-08-DWQ,
NPDES General Permit No.

CAS000002 (General Construction
Permit). The SWPPP shall meet the
applicable provisions of Sections
301 and 402 of the Clean Water
Act (CWA) and Title 9, Chapter 4,
Article 5, Storm Water and Urban
Runoff Pollution Control from the
Beverly Hills Municipal Code by
requiring controls of pollutant
dischargesthat utilize best
available technology (BAT) and
best conventional pollutant control
technology (BCT) to reduce
pollutants. Examples of BAT/BCT
DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 28 City of Beverly Hills
One Beverly Hills Overlay Specific Plan Project
When Monitoring Monitoring Responsible Compliance Verification Mitigation Measure Action Required to Occur Frequency Agency or Party Initial Date Comments that may be implemented during
site grading and construction could
include straw hay bales, straw bale
inlet filters, filter barriers, and silt
fences.

MM-HYDRO-2. Prior to issuance of The Project Applicantshall Prior to issuance of any Once prior to Project Applicant, any grading or building permits, prepare an SUSMP. grading and building issuance of any Community the project applicantshall prepare permits. grading and Development and submit to the City of Beverly building permits. Department, Hills a Standard Urban Stormwater Department of
Mitigation Plan (SUSMP), to be Public Works
prepared in accordance with the
Los Angeles County Manual for the
Standard Urban Storm Water
Mitigation Plan, which detailsthe
requirements of the SUSMP.

Noise
MM-NOISE-1. Prior to issuance of The Project Applicantshall Prior to issuance of Once prior to Project Applicant, grading permits, the Developer submit a Construction grading permits and field issuance of Construction shallsubmit a Construction Management Plan to the verification throughout grading permits Contractor, Management Plan satisfactory to Director of Community project construction. and periodically Community the Director of Community Development prior to throughout Development Development and the Building issuance of any grading or project Department, Official. The Building Official shall construction permits. The construction. Beverly Hills enforce noise attenuating plan shall be reviewed by the Unified School construction requirements. The Community Development District Construction Management Plan Department and filed with
shall include, but not be limited to, the Building and Safety the following noise attenuation Division prior to the issuance measures: of grading permits. The plan
 Excavation, grading, and other
construction activities related
to the proposed project shall
check engineershall review
the plan to ensure that it
complies with this measure.
comply with Section 5-1-206, Prior to the start of every Restrictions on Construction school year, the Project
Activity, of the Beverly Hills Applicant shall obtain a Municipal Code. Any deviations schedule of testing periods at from these standardsshall El Rodeo School. The
require the written approval of construction schedule shall DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 Final Supplemental Environmental Impact Report 29
Mitigation Monitoring and Reporting Program
When Monitoring Monitoring Responsible Compliance Verification Mitigation Measure Action Required to Occur Frequency Agency or Party Initial Date Comments the City Building Official.
 Stockpiling and vehicle staging
areas shall be located as far
away as practicable from
residences to the north and El
Rodeo School.
 All heavy-duty stationary
construction equipment (e.g.,
air compressors, generators,
etc.) shall be placed so that
emitted noise is directed away
from the nearest sensitive
receivers(i.e.,residencesto the
north and El Rodeo School).
 Whenever practicable,
construction activities shall be
scheduled so as to avoid
operating several pieces of
equipment simultaneously,
which causes high noise levels.
 Haul routes for removing
excavated materials from the
site shall be designed to avoid
residential areas and areas
occupied by noise-sensitive
receivers (e.g., hospitals,
schools, convalescent homes,
etc.).
 Prior to the start of every
school year, the Developershall
obtain a schedule of testing
periods at El Rodeo School. The
Developer shall submit a
construction schedule for
review and approval by the
Community Development
Director and the Environmental
Monitor that ensures that no
construction activity generating
ensure that no construction
activity generating the
highest noise levels (e.g.,
simultaneous demolition,
grading, and building) is
undertaken during any
designated testing periods at
the school.

DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 30 City of Beverly Hills
One Beverly Hills Overlay Specific Plan Project
When Monitoring Monitoring Responsible Compliance Verification Mitigation Measure Action Required to Occur Frequency Agency or Party Initial Date Comments the highest noise levels (e.g.,
simultaneous demolition,
grading, and building) is
undertaken during any
designated testing periods at
the school. Such testing periods
typically occur for one week
per semester; however, the
exact dates and times will be
determined by the Beverly Hills
Unified School District.
 For construction activities
occurring during the City’s
allowed hours of construction
(weekdays, excluding public
holidays, 8:00 a.m. to 6:00
p.m.), the following shall be
required:
 All equipment, fixed or
mobile, shall be operated
with closed engine doors
and shall be equipped with
properly operating and
maintained residential
grade mufflers consistent
with manufacturers’
standards that provide at
least a 5-dBA reduction in
noise levels.
 The Contractor shall use
portable sound enclosures
for all generators and air
compressors that provide
at least a 10-dBA reduction
in noise levels.
 For construction activities
occurring outside the City’s
allowed hours of construction,
the following shall be required:

DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 Final Supplemental Environmental Impact Report 31
Mitigation Monitoring and Reporting Program
When Monitoring Monitoring Responsible Compliance Verification Mitigation Measure Action Required to Occur Frequency Agency or Party Initial Date Comments  Simultaneous occurrence of
two or more construction
phases (demolition, site
preparation, grading,
building, paving, and
architectural coating) shall
be prohibited unless the
project applicant reduces
the number of construction
equipment used for each
overlapping phase and it
can be demonstrated
through a quantitative
acoustical analysis prepared
by a qualified professional
that this reduced
construction equipment
portfolio utilized for
overlapping phases will not
result in noise levels in
excess of 5 dBA above
ambient noise levels. The
acoustical analysis shall be
reviewed and approved by
the City prior to allowing
simultaneous occurrence of
two or more construction
phases outside the City’s
allowed hours of
construction.
 All equipment, fixed or
mobile, shall be operated
with closed engine doors
and shall be equipped with
properly operating and
maintained mufflers
consistent with
manufacturers’ standards
that provide at least a 20-
dBA reduction in noise
DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 32 City of Beverly Hills
One Beverly Hills Overlay Specific Plan Project
When Monitoring Monitoring Responsible Compliance Verification Mitigation Measure Action Required to Occur Frequency Agency or Party Initial Date Comments levels.
 The Contractor shall use
portable sound enclosures
for all generators and air
compressors that provide
at least a 10-dBA reduction
in noise levels.

MM-NOISE-2. The Developershall The Project Applicantshall Prior to issuance of Once prior to Project Applicant, implementsound attenuation implementsound building permits and issuance of Construction featuresto reduce noise levels at attenuation features to prior to issuance of building permits. Contractor, all private outdoor livable spaces
(i.e., balconies) and outdoor dining
areas. Such features may include
double-paned or laminated glass,
or Plexiglas. Acoustical analysis
shall be performed prior to the
issuance of an occupancy permit to
demonstrate that noise levels at
the exterior livable spaces and
outdoor dining areas do not exceed
the City’s noise/land use standards
for residences, hotels, and
commercial uses. This requirement
shall be incorporated into the plans
to be submitted by the Developer
to the City of Beverly Hills for
review and approval prior to the
issuance of building permits.
reduce noise levels at all
private outdoor livable
spaces (i.e., balconies) and
outdoor dining areas.

Acoustical analysis shall be
performed prior to the
issuance of an occupancy
permit to demonstrate that
noise levels at the exterior
livable spaces and outdoor
dining areas do not exceed
the City’s noise/land use
standards for residences,
hotels, and commercial uses.

The Community
Development Department
shall verify that project plans
comply with this
requirement. Plan check
engineers shall review the
project plans to ensure they
comply with this
requirement.

Certificate of Occupancy. Acoustical
analysis to be
conducted prior
to issuance of
Certificate of
Occupancy.

Community
Development
Department/
Building and
Safety Division,
Project Acoustical
Engineer
MM-NOISE-3. The Developershall The Project Applicantshall Prior to issuance of Once prior to Project Applicant, incorporate building materials and
techniques that reduce sound
transmission through walls,
windows, doors, ceilings, and floors
of on-site residencesin order to
incorporate building
materials and techniques
that reduce sound
transmission through walls,
windows, doors, ceilings, and
building permits. issuance of
building permits.

Construction
Contractor,
Community
Development
Department/
DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 Final Supplemental Environmental Impact Report 33
Mitigation Monitoring and Reporting Program
When Monitoring Monitoring Responsible Compliance Verification Mitigation Measure Action Required to Occur Frequency Agency or Party Initial Date Comments achieve interior noise levelsin
habitable roomsthat are below the
CCR Title 24 standard for interior
noise of 45 CNEL. Such building
materials and techniques may
include double-paned windows,
staggered studs, or soundabsorbing blankets incorporated into building wall design. All
exterior wall assemblies (including
windows and wall components)
shall meet a minimum STC 40
rating to ensure the adequate
attenuation of noise at a range of
frequencies. All residential units
shall be provided with forced-air
mechanical ventilation with nonoperable windows. Acoustical analysisshall be performed prior to
the issuance of an occupancy
permit to demonstrate that noise
levels in habitable rooms do not
exceed the CCR Title 24 standard of
45 CNEL. This requirement shall be
incorporated into the plans to be
submitted by the Developer to the
City of Beverly Hills for review and
approval prior to the issuance of
building permits.
floors of on-site residencesin
order to achieve interior
noise levels in habitable
rooms. Acoustical analysis
shall be performed prior to
the issuance of an occupancy
permit to demonstrate that
noise levels in habitable
rooms do not exceed
significance thresholds. The
Community Development
Department shall verify that
project plans comply with
this requirement. Plan check
engineers shall review the
project plans to ensure they
comply with this
requirement.

Building and
Safety Division,
Project Acoustical
Engineer
MM-NOISE-4. Prior to the start of The Project Applicantshall Document verification Once prior to Project Applicant, construction and during submit a signed document prior to start of grading start of Construction construction, the Developershall explaining their collaborative and construction construction and Contractor, coordinate with the 9900-9908 construction plansto the activities and compliance periodically Community South Santa Monica Boulevard Community Development verification throughout throughout all Development Project and 140 South Lasky Drive
Project Developersregarding the
following:

Department for review and
enforcement.
all construction phases. construction
phases.

Department
 All temporary roadway closures
shall be coordinated to limit
DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 34 City of Beverly Hills
One Beverly Hills Overlay Specific Plan Project
When Monitoring Monitoring Responsible Compliance Verification Mitigation Measure Action Required to Occur Frequency Agency or Party Initial Date Comments overlap of roadway closures;
and
 All major deliveries for the
three projects shall be
coordinated to limit the
occurrence of simultaneous
deliveries. The Developersshall
ensure that deliveries of items
such as concrete and other
high-volume items will not be
done simultaneously.

CONDITION NOISE-5. Prior to
issuance of grading permits, the
Developer shall submit a
Construction Management Plan
satisfactory to the Director of
Community Development and the
Building Official, which Plan shall
include noise attenuating
construction requirements. The
Construction Management Plan
shall include, but not be limited to,
the following noise attenuation
measures:
 Prior to start of construction
phases that would extend into
2023, the Developer shall
obtain a schedule of
tournament events from the
Los Angeles Country Club for
the 2023 US Open. The
Developer shall submit a
construction schedule for
review and approval by the
Community Development
Director and the Environmental
Monitor that ensures that no
construction activity generating
the highest noise levels (e.g.,
The Developershallsubmit a
Construction Management
Plan to the Director of
Community Development
and the Building Official for
review and enforcement,
specifically with regard to
avoiding construction
activities generating the
highest noise levels (e.g.,
simultaneous demolition,
grading, and building
construction) during the
2023 US Open. Additionally,
all reasonable efforts are
taken to reduce construction
noise during the 2023 US
Open.

Document verification
prior to start of
demolition, grading, and
construction activities
and compliance
verification during the
2023 US Open.

Once prior to
start of
construction and
periodically
throughout the
2023 US Open.

Project Applicant,
Construction
Contractor,
Community
Development
Department/
Building and
Safety Division,
Project Acoustical
Engineer
DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 Final Supplemental Environmental Impact Report 35
Mitigation Monitoring and Reporting Program
When Monitoring Monitoring Responsible Compliance Verification Mitigation Measure Action Required to Occur Frequency Agency or Party Initial Date Comments simultaneous demolition,
grading, and building
construction) is undertaken
during the 2023 US Open and
that all reasonable efforts are
taken to reduce construction
noise that may disrupt
tournament play to the
maximum extent feasible. The
Building Official shall enforce
noise attenuating construction
requirements.

Public Services
MM-FIRE-1. The proposed signal at The Department of Public Prior to the issuance of a Once prior to Project Applicant, the intersection of Santa Monica Works/Civil Engineering Certificate of Occupancy. issuance of a Department of Boulevard and Merv Griffin Way Division shall prepare a plan This measure shall Certificate of Public Works/Civil shall be outfitted with an Opticom to accommodate the remain in effect Occupancy. Engineering device, a traffic signal pre-emption proposed measure for the throughout the life of the Division, used to controlsignalized BHFD to review. The project. Community intersectionsto allow the Beverly applicantshall pay a fair Development Hills Fire Department (BHFD) to share contribution to this Department, provide a safe response route and measure. Beverly Hills Fire to decrease response timesto Department
emergencies.

Transportation and Traffic
MM-TRAF-1. An Environmental The Community Prior to issuance of Verification once Project Applicant, Monitor shall be retained that will Development Department grading permit and prior to issuance Construction be responsible for monitoring shall retain an independent throughout all of a grading Contractor, compliance with the mitigation Environmental Monitor. The construction phases. permit. Community measuresin the adopted Project Applicantshall Continuous field Development Mitigation Monitoring Program. submit photographsto the verification of Department The name, phone number, and Community Development compliance with other contact information for the Department illustrating that the MMRP Environmental Monitor shall be the contact information has measures until posted on the construction trailer been posted on the project the issuance of a or other location visible to public site. Certificate of view as determined by the Occupancy.

Community Development Director.

The developershall deposit funds
DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 36 City of Beverly Hills
One Beverly Hills Overlay Specific Plan Project
When Monitoring Monitoring Responsible Compliance Verification Mitigation Measure Action Required to Occur Frequency Agency or Party Initial Date Comments sufficient to pay for the
Environmental Monitor who will be
hired by and work for the City.

MM-TRAF-2. The Environmental The Community Before issuance of a Verification once Project Applicant, Monitor shall proactively inform Development Department grading permit and prior to issuance Construction the public of the ongoing project shall obtain written throughout all of a grading Contractor, progress and exceptionsto the verification from the construction phases. permit and Environmental expected plans. Thisshall include Environmental Monitor that continuously Monitor, sending a quarterly mailer to all quarterly mailers are being throughout all Community property owners within 1,000 feet sent to property owners and construction Development of the exterior boundaries of the that public inquiries phases until Department property. The developershall be regarding the project are issuance of a responsible for the full cost of the being responded to. Certificate of mailer including postage. The Occupancy.

Environmental Monitor shall also
respond to requestsfor
information and assistance from
members of the public when
impacts raise special concerns by
members of the public.

MM-TRAF-3. The Construction The Community Prior to issuance of a Once prior to Project Applicant, Relations Officershall be assigned, Development Department grading permit and issuance of a Construction and a hotline numbershall be shall verify that an throughout all grading permit Contractor, published on construction signage independent Construction construction phases. and continuously Community placed along the boundary of the Relations Officer has been throughout all Development projectsite, along Wilshire retained. The Project construction Department Boulevard, Merv Griffin Way, and Applicant shall submit phases until North Santa Monica Boulevard to photographs to the issuance of a address day-to-day issues. Community Development Certificate of Department illustrating that Occupancy.
the contact information has
been posted on the project
site.

MM-TRAF-4. The Developer, The Developer, Construction Prior to issuance of a Once prior to Project Applicant, Construction Relations Officer, and Relations Officer, and grading permit and issuance of a Construction Environmental Monitor shall each Environmental Monitor shall throughout all grading permit Contractor, provide monthly project updatesto each provide monthly project construction phases. and monthly Environmental the Community Development updatesto the Director of throughout all Monitor, Department Director, unless Community Development construction Construction DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 Final Supplemental Environmental Impact Report 37
Mitigation Monitoring and Reporting Program
When Monitoring Monitoring Responsible Compliance Verification Mitigation Measure Action Required to Occur Frequency Agency or Party Initial Date Comments otherwise warranted due to
resident complaints.

Department. phases until
issuance of a
Certificate of
Occupancy.

Relations Officer,
Community
Development
Department
MM-TRAF-5. The Developershall The Project Applicantshall Prior to issuance of a Once prior to Project Applicant, submit a Construction Traffic submit a Construction Traffic grading permit and issuance of a Community Management Plan to include plans Management Plan and a throughout all grading permit Development to accomplish the following: Construction Workers construction phases. and field Department/  Maintain existing access for
land uses in the proximity of
the project site during project
construction;
Parking Management Plan to
the Director of Community
Development prior to
issuance of grading or
verification
continuously
throughout all
construction
Building and
Safety Division,
Public Works
Department/
 Schedule deliveries and pickups of construction materialsto non-peak travel periods, to the
maximum extent feasible;
 Coordinate haul trucks,
deliveries and pick-ups to
reduce the potential fortrucks
waiting to load or unload for
protracted periods of time;
 Minimize obstruction of
through-traffic lanes on
Wilshire Boulevard and North
Santa Monica Boulevard;
 Construction equipment traffic
from the contractors shall be
controlled by flag persons;
 Designate transport routes for
heavy trucks and haultrucksto
be used over the duration of
the project;
 Schedule vehicle movementsto
ensure that there are no
vehicles waiting off-site and
impeding public traffic flow on
the surrounding streets;
 Establish requirements for
construction permits. The
plan shall be reviewed by the
Community Development
Department and Public
Works Department –
Transportation Division and
filed with the Building and
Safety Division Prior to the
issuance of grading permits.

The plan check engineershall
review the plan to ensure
that it complies with this
measure. The inspectors in
the field shall also review the
work to ensure that it
complies with the
requirements noted in the
Construction Traffic
Management Plan and the
Construction Workers
Parking Management Plan.
phases until
issuance of a
Certificate of
Occupancy.

Transportation
Division
DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 38 City of Beverly Hills
One Beverly Hills Overlay Specific Plan Project
When Monitoring Monitoring Responsible Compliance Verification Mitigation Measure Action Required to Occur Frequency Agency or Party Initial Date Comments loading/unloading and storage
of materials on the project site,
where parking spaces would be
encumbered, length of time
traffic travel lanes can be
encumbered, sidewalk closings
or pedestrian diversions to
ensure the safety of the
pedestrian and access to local
businesses;
 The Developer shall coordinate
with Beverly Hills Unified
School District (BHUSD) in
developing the Construction
Traffic Management Plan and
shall notify BHUSD of any traffic
or pedestrian lane disruptions
on Wilshire Boulevard in
advance;
 The Developer shall coordinate
with the Los Angeles Country
Club regarding the US Open
tournament activities at the
club when developing the
Construction Traffic
Management Plan and shall
coordinate with the Los
Angeles Country Club to ensure
no traffic or pedestrian lane
disruptions on Wilshire
Boulevard occur during US
Open tournament activities;
 Coordinate with adjacent
businesses and emergency
service providers to ensure
adequate access existsto the
project site and neighboring
businesses;
 Coordinate with Metro
DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 Final Supplemental Environmental Impact Report 39
Mitigation Monitoring and Reporting Program
When Monitoring Monitoring Responsible Compliance Verification Mitigation Measure Action Required to Occur Frequency Agency or Party Initial Date Comments regarding the bus stop
relocation at least 30 days prior
to start of construction;
 Prohibit parking for
construction workers except on
the project site and any
designated off-site parking
locations. These off-site
locations will require the
approval of the City of Beverly
Hills. These off-site parking
locations cannot include any
residential streets including
Whittier Drive and those
streets which connect to
Whittier Drive.

The Final Construction Traffic
Management Plan shall be
submitted and approved by the
City no later than 30 days prior to
commencement of construction
and shall include:
 A requirement for use of
double belly trucksto reduce
the number of truck trips;
 Provisions for the
Environmental Monitor to
oversee and coordinate
concurrent construction
activities at the 9900-9908
South Santa Monica Boulevard
Project and 140 South Lasky
Drive Project;
 An Action Plan to avoid
construction-related traffic
congestion and how to respond
to unforeseen congestion that
may occur;
 Requiring truck access and
DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 40 City of Beverly Hills
One Beverly Hills Overlay Specific Plan Project
When Monitoring Monitoring Responsible Compliance Verification Mitigation Measure Action Required to Occur Frequency Agency or Party Initial Date Comments deliveries in non-peak traffic
periodsto the greatest extent
feasible; and
 Prohibition of queuing of
construction-related vehicles
on public streets in the City.

MM-TRAF-6. The Developer shall
submit a Construction Workers
Parking Plan that identifies parking
locations for construction workers.

To the maximum extent feasible,
all worker parking shall be
accommodated on the project site.

During demolition and construction
activities when construction
worker parking cannot be
accommodated on the project site,
the Plan shall identify alternate
parking locations for construction
workers and shall include the
shuttling of workers to and from
the project site using zero
emissions vehicles. The Plan shall
be submitted for approval by the
City at least 30 days prior to
commencement of construction.

The Construction Workers Parking
Plan must include appropriate
measures to ensure that the
parking location requirements for
construction workers will be strictly
enforced. These include but are not
limited to the following measures:
 All construction contractors
shall be provided with written
information on where their
workers and their
subcontractors are permitted
to park and provide clear
The Project Applicant and
primary contractor shall
submit to the Community
Development Department a
program and affidavit
attesting to the compliance
with this measure as part of
the Construction Workers
Parking Plan, which shall be
reviewed by the Community
Development
Department/Building and
Safety Division and Public
Works
Department/Transportation
Division. The Construction
Workers Parking Plan shall
be adhered to.

Prior to issuance of
grading and building
permits and during all
construction phases.

Once prior to
issuance of
grading and
building permits.

Field verification
periodically
throughout all
construction
phases.

Project Applicant,
Construction
Contractor,
Community
Development
Department/
Building Safety
Division, Public
Works
Department/
Transportation
Division
DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 Final Supplemental Environmental Impact Report 41
Mitigation Monitoring and Reporting Program
When Monitoring Monitoring Responsible Compliance Verification Mitigation Measure Action Required to Occur Frequency Agency or Party Initial Date Comments consequences to violators for
failure to follow these
regulations. This information
will clearly state that no
parking is permitted on
residential streets north of
Wilshire Boulevard orsouth of
South Santa Monica Boulevard
or in public parking structures;
 No parking for construction
workers shall be permitted
within 500 feet of the nearest
point of the project site except
within designated areas. The
contractor shall be responsible
for informing subcontractors
and construction workers of
this requirement, and if
necessary, for hiring a security
guard to enforce these parking
provisions. The contractor shall
be responsible for all costs
associated with parking and the
enforcement of this mitigation
measure; and
 In lieu of the above, the project
applicant/construction
contractor has the option of
phasing demolition and
construction activitiessuch that
all construction worker parking
can be accommodated on the
project site throughout the
entire duration of demolition,
excavation and construction
activities.

DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 42 City of Beverly Hills
One Beverly Hills Overlay Specific Plan Project
When Monitoring Monitoring Responsible Compliance Verification Mitigation Measure Action Required to Occur Frequency Agency or Party Initial Date Comments MM-TRAF-7. The project applicant The Project Applicantshall Prior to issuance of a Prior to issuance Project Applicant, shall revise the projectsite plan to revise the projectsite plan to Certificate of Occupancy. of a Certificate of Community indicate on-site traffic control indicate on-site traffic Occupancy. This Development planned for the project. At a control planned for the measure shall Department, minimum, all traffic control devices project, which shall be remain in effect Department of shall be placed at all project exits reviewed by the Community throughout the Public Works/Civil onto Wilshire Boulevard, North Development life of the project. Engineering and Santa Monica Boulevard, and Merv Department/Building. The Transportation Griffin Way prior to occupancy of plan check engineers, and Divisions the new buildings proposed on the City Traffic Engineer shall site. review the plans to ensure
that they comply with this
requirement.

MM-TRAF-8. Traffic control The Project Applicant will Prior to issuance of Once prior to Project Applicant, devices, and specifically stop signs, ensure installation of traffic grading and building issuance of Community shall be installed at each driveway control devices, and permits, and prior to grading and Development exit point prior to building specifically stop signs, at issuance of a Certificate building permits. Department, occupancy. each driveway exit point is of Occupancy. Once prior to Department of included on the site plans. issuance of a Public Works/Civil The Community Certificate of Engineering and
Development Occupancy. Transportation
Department/Building and Divisions
Safety Division shall verify
that project design plans
comply with this
requirement. The plan check
engineers and City Traffic
Engineershall review the
plansto ensure that they
comply with this
requirements.

MM-TRAF-9. The project applicant The Project Applicantshall Prior to issuance of Once prior to Project Applicant, shall ensure that the curb radius at ensure that the site plans grading and building issuance of Community the driveway at Wilshire Boulevard show the curb radius at the permits. grading and Development and the westerly edge of the driveway at Wilshire building permits. Department, project will allow vehiclesto turn Boulevard and the westerly Department of safely. edge of the project will allow Public Works/Civil vehiclestraveling to turn Engineering and
safely. The Community Transportation
DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 Final Supplemental Environmental Impact Report 43
Mitigation Monitoring and Reporting Program
When Monitoring Monitoring Responsible Compliance Verification Mitigation Measure Action Required to Occur Frequency Agency or Party Initial Date Comments Development
Department/Building and
Safety Division shall verify
that project design plans
comply with this
requirement. The plan check
engineers and City Traffic
Engineer shall review the
plans to ensure that they
comply with this
requirements.

Divisions
MM-TRAF-10. The applicant for the The Project Applicantshall Document verification Once prior to Project Applicant, proposed projectshall coordinate submit a signed document prior to start of start of Community with the applicantsfor certain explaining their collaborative construction activities construction and Development adjacent projects, including 9900- construction plansto the and compliance periodically Department/ 9908 South Santa Monica Community Development verification throughout throughout all Building Safety Boulevard Project and 140 South
Lasky Drive Project and the City of
Beverly Hills during all phases of
construction regarding the
following:

Department and the Public
Works
Department/Engineering
Division for review and
enforcement.
all construction phases. construction
phases.

Division and
Public Works
Department/
Engineering
Division
 Alltemporary roadway closures
for the proposed project shall
be coordinated to limit overlap
of roadway closures;
 All major deliveries for the
proposed project shall be
coordinated to limit the
occurrence of simultaneous
deliveries. The applicants shall
ensure that deliveries of items
such as concrete and other
high-volume itemsshall not be
done simultaneously; and
 The applicantsshall coordinate
regarding the loading and
unloading of delivery vehicles;
 Applicants or their
representativesshall meet on a
DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 44 City of Beverly Hills
One Beverly Hills Overlay Specific Plan Project
When Monitoring Monitoring Responsible Compliance Verification Mitigation Measure Action Required to Occur Frequency Agency or Party Initial Date Comments regular basis during
construction to address any
outstanding issues related to
construction traffic, deliveries,
and worker parking.

Tribal Cultural Resources
MM-TCR-1. Retain a Qualified The Project Applicantshall Verification prior to the Once prior to Project Applicant, Principal Investigator. A qualified retain a Qualified Principal start of grading activities. start of grading Community principal investigator, defined as an Investigator that meetsthe This measure shall be in activities. This Development archaeologist who meets the Secretary of the Interior’s effect until issuance of a measure shall Department Secretary of the Interior’s Standardsfor professional Certificate of Occupancy. apply Standardsfor professional archaeology and has had a continuously archaeology and has had a minimum of 10 years of throughout all minimum of 10 years of experience experience as a principal grading and as a principal investigator working investigator working with construction with Native American Native American phases.
archaeological sites in southern archaeological sites in California,shall be retained to southern California. The carry out all mitigation measures Qualified Principal
related to archaeological and Investigatorshall provide historical resources (hereafter proof that the procedures qualified archaeologist). The and measureslisted in this qualified archaeologist shall be mitigation measure have contacted in the event of an been implemented and
inadvertent archaeological complied with.
discovery.

MM-TCR-2. Preconstruction The Project Applicant or Verification prior to the Once prior to Project Applicant, Worker Training. At the project Contractor will provide start of construction start of Construction kickoff and before construction written verification (e.g., activities. Periodic construction Contractor, activities begin, the qualified course materials, sign in verification throughout activities. This Community archaeologist ortheir designee sheets, etc.) that the construction period that measure shall Development shall provide training to Qualified Archaeologist has new construction workers apply Department, construction personnel on provided training to all have received the training. continuously Project Qualified information regarding regulatory construction personnel prior This measure shall be in throughout all Principal requirementsforthe protection of to the start of construction. effect until issuance of a construction Investigator cultural resources including tribal Certificate of Occupancy. phases. culturalresources. As part of this
training, construction personnel
will be briefed on proper
DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 Final Supplemental Environmental Impact Report 45
Mitigation Monitoring and Reporting Program
When Monitoring Monitoring Responsible Compliance Verification Mitigation Measure Action Required to Occur Frequency Agency or Party Initial Date Comments proceduresto follow should
unanticipated cultural resources
discoveries be made during
construction. Workers will be
provided contact information and
protocolsto follow in the event
that inadvertent discoveries are
made. If necessary, the qualified
archaeologist can create a training
video, PowerPoint presentation, or
printed literature that can be
shown to new workers and
contractorsto avoid continuous
training throughout the course of
the project.

MM-TCR-3. Retain Native The Project Applicant or Verification that monitors Verification once Project Applicant, American Monitoring. Native Contractor will verify that have been retained prior prior to start of Construction American monitoring shall be the approved Native to start of construction construction Contractor, conducted by a representative of American monitors are activities. Monitoring shall activities. Community the Gabrieleño Band of Mission retained and verify that the occur during ground Monitoring Development Indians-Kizh Nation and a monitors are on-site during disturbing activities. continuously Department, representative of the ground-disturbing activities. throughout Project Qualified Gabrieleño/Tongva San Gabriel The Project Applicantshall ground disturbing Principal Band of Mission Indians, hereafter provide proof that the activities. Investigator referred to collectively as procedures and measures
“Monitoring Tribes”). Monitoring listed in this mitigation shall occur during all project- measure have been
related, initial ground-disturbing implemented and complied construction activities (i.e. with.
grubbing, tree removal, boring,
grading, excavation, potholing,
drilling and trenching etc.). The
tribal monitorsshall complete daily
monitoring logsthat shall provide
descriptions of the day’s activities,
including construction activities,
locations,soil and any cultural
materials identified. Once
excavation is completed for a
portion of the projectsite and
DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 46 City of Beverly Hills
One Beverly Hills Overlay Specific Plan Project
When Monitoring Monitoring Responsible Compliance Verification Mitigation Measure Action Required to Occur Frequency Agency or Party Initial Date Comments entered into the daily monitoring
log, the monitoring of an area shall
be considered complete. The onsite monitoring shall end when all ground-disturbing activities at the
project site are completed, or
when the representatives of one or
both Monitoring Tribes have
indicated that all upcoming
ground-disturbing activities at the
project site have little to no
potential for impacting Tribal
Cultural Resources of their
respective Tribe. Additionally, the
qualified archaeologist, in
consultation with the City and the
Native American monitor, may
recommend the reduction or
termination of monitoring
depending upon observed
conditions (e.g., no resources
encountered within the first 50
percent of ground disturbance).

Should neither the Gabrieleño
Band of Mission Indians – Kizh
Nation and/or the
Gabrieleño/Tongva San Gabriel
Band of Mission Indians not have
sufficient qualified staff, or not
provide monitoring services at
market rates, after consultation
between the two tribes and the
City’s Director of Community
Development, the applicant may
contract with a different firm to
provide a Native American
monitor,subject to approval by the
City of Beverly Hills Director of
Community Development. If one of
the Monitoring Tribes opts not to
DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 Final Supplemental Environmental Impact Report 47
Mitigation Monitoring and Reporting Program
When Monitoring Monitoring Responsible Compliance Verification Mitigation Measure Action Required to Occur Frequency Agency or Party Initial Date Comments engage in monitoring activities
required herein, Developer can
proceed with the project provided
that the other Monitoring Tribe
provides the monitoring required
by this mitigation measure.

MM-TCR-4. Unanticipated The Project Applicant and During ground disturbing This measure Project Applicant, Discovery of Tribal Cultural Contractor will verify that activities. shall apply Construction Resources. In the event a Native archaeological resources continuously Contractor, American monitor identifies unearthed by project throughout all Community cultural or archeological resources, construction activities shall ground disturbing Development the monitorshall be given the be evaluated by the Qualified activities. Department, authority to temporarily halt Archaeologist and Native Project Qualified construction in the immediate American monitor. If Principal vicinity and within 50 feet of the resources are found and Investigator, discovery and to contact the exposed, the Project Project qualified archaeologist to Applicantshall provide proof Archaeological investigate the find and determine that a qualified specialist as Monitor, Project if it is a tribal cultural resource listed in the mitigation Native American under CEQA by the City of Beverly measure hasinvestigated Monitor Hillsin consultation with the and has made appropriate
ancestrally related tribe(s) and recommendations.
qualified archaeologist.

Construction activities can
continue in areas 50 feet away
from the find and not associated
with the cultural resource location.

In the event of a find during ground
disturbing activities, the Gabrieleño
Band of Mission Indians-Kizh
Nation and the Gabrieleño/Tongva
San Gabriel Band of Mission
Indiansshall be notified by the City
to provide recommendations as to
the treatment and disposition of
the find(s). Cultural Resources
Monitoring and Mitigation Plan
shall be developed to outline
monitor procedures.

DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 48 City of Beverly Hills
One Beverly Hills Overlay Specific Plan Project
When Monitoring Monitoring Responsible Compliance Verification Mitigation Measure Action Required to Occur Frequency Agency or Party Initial Date Comments MM-TCR-5. Unanticipated
Discovery of Human Remains. In
the event that human remains are
encountered at the project site, all
work in the immediate vicinity of
the burial must cease, and any
necessary steps to ensure the
integrity of the immediate area
shall be taken. The Los Angeles
County Coroner will be
immediately notified. The Coroner
must then determine whether the
remains are Native American.

Should the Coroner determine the
remains are Native American, the
Coroner has 24 hours to notify the
Native American Heritage
Commission (NAHC), who shall in
turn, notify the person they
identify as the most likely
descendent (MLD). Further actions
shall be determined in part by the
recommendations of the MLD. The
MLD has 48 hours of being granted
access to the project site to
complete their inspection and
make recommendations or
preferences for treatment of the
remains. If the MLD does not make
recommendations within 48 hours,
the owner shall, with appropriate
dignity, re-inter the remains in an
area of the property secure from
further disturbance. Alternatively,
if the owner does not accept the
MLD’s recommendations, the
owner or the descendent may
request mediation by the NAHC.

Procedures of conduct following
the discovery of human remains
If human remains are found
and/or exposed, all work in
the immediate vicinity of the
burial must cease, and any
necessary steps to ensure
the integrity of the
immediate area shall be
taken. The Los Angeles
County Coroner will be
immediately notified. The
Project Applicant shall
document and submit
written proof that the
procedures listed in this
mitigation measure have
been implemented and
complied with.

During all ground
disturbing activities.

Continuously
throughout all
ground disturbing
activities.

Project Applicant,
Construction
Contractor,
Community
Development
Department, Los
Angeles County
Coroner, Project
Qualified
Principal
Investigator,
Project
Archaeological
Monitor, Project
Native American
Monitor
DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 Final Supplemental Environmental Impact Report 49
Mitigation Monitoring and Reporting Program
When Monitoring Monitoring Responsible Compliance Verification Mitigation Measure Action Required to Occur Frequency Agency or Party Initial Date Comments have been mandated by Health
and Safety Code Section 7050.5,
PRC Section 5097.98, and the
California Code of Regulations
Section 15064.5(e) (CEQA).

MM-TCR-6. Reburial Treatment
Measures. Prior to the
continuation of ground disturbing
activities where human remains
and/or ceremonial object has been
identified, the Developer shall
arrange a designated site location
within the footprint of the project
for the respectful reburial of the
human remains and/or ceremonial
objects. In the case where
discovered human remains cannot
be fully documented and
recovered on the same day, the
remains shall be covered with
muslin cloth and a steel plate that
can be moved by heavy equipment
shall be placed over the excavation
opening to protect the remains. If
this type of steel plate is not
available, a 24-hour guard shall be
posted outside of working hours. If
feasible, the project shall be
diverted to keep the remainsin situ
and protected. If the project
cannot be diverted, it may be
determined that burials will be
removed. The MLD shall work with
the qualified archaeologist to
ensure that the excavation is
treated carefully, ethically and
respectfully. If data recovery is
approved by the MLD,
documentation shall be taken
which includes at a minimum
Prior to the continuation of
ground disturbing activities
where human remains
and/or ceremonial object has
been identified, the Project
Applicant shall arrange a
designated site location
within the footprint of the
project for the respectful
reburial of the human
remains and/or ceremonial
objects. The Project
Applicant shall document
and submit written proof
that the procedures listed in
this mitigation measure have
been implemented and
complied with.

During all project ground
disturbing activities.

Continuously
throughout
ground disturbing
activities.

Project Applicant,
Construction
Contractor,
Community
Development
Department,
Project Qualified
Principal
Investigator,
Project
Archaeological
Monitor, Project
Native American
Monitor
DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 50 City of Beverly Hills
One Beverly Hills Overlay Specific Plan Project
When Monitoring Monitoring Responsible Compliance Verification Mitigation Measure Action Required to Occur Frequency Agency or Party Initial Date Comments detailed descriptive notes and
sketches. Additional types of
documentation shall be approved
by the MLD for data recovery
purposes. Cremations shall either
be removed in bulk or by means as
necessary to ensure complete
recovery of all material. If the
discovery of human remains
includes four or more burials, the
location is considered a cemetery
and a separate treatment plan shall
be created. Once complete, a final
report of all activities is to be
submitted to the MLD and NAHC.

The MLD does not authorize any
scientific study or utilization of any
invasive and/or destructive
diagnostics on human remains.

Each occurrence of human remains
and associated funerary objects
shall be stored using opaque cloth
bags. All human remains, funerary
objects, sacred objects and objects
of cultural patrimony shall be
removed to a secure container on
site if possible. These items should
be retained and reburied within six
months of recovery. The site of
reburial/repatriation shall be on
the project site but at a location
agreed upon between the MLD and
the landowner at a site to be
protected in perpetuity. There shall
be no publicity regarding any
cultural materials recovered.

DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 Final Supplemental Environmental Impact Report 51
Mitigation Monitoring and Reporting Program
When Monitoring Monitoring Responsible
Mitigation Measure Action Required to Occur Frequency Agency or Party Compliance Verification
Initial Date Comments
Utilities and Service Systems
MM-UTIL-1. Prior to issuance of
grading permits, the project
applicant shall provide a
preliminary design for the fire flow
infrastructure to the City for review
by the PWD and Fire Department.

The project applicantshall pay for a
hydraulic analysis of the
preliminary design to be prepared
by the City-selected consultant to
ensure adequate fire flow is
provided to the project site and
water quality of the water main is
not adversely impacted by the
proposed design. The project
applicant shall pay a “fair share” of
the cost to upgrade the water main
feeding hydrants serving the
project site, which may include the
entire cost of upgrading the water
main. Upgrading of the water main
shall be completed prior to project
building construction and prior to
building occupancy to ensure that
adequate fire flow is available
during project construction and
operation.

The Project Applicant shall
complete and submit a
hydraulic analysis and
project design for fire flow
infrastructure. The
Department of Public Works
and BHFD shall review the
hydraulic analysis and
project design to verify that
adequate fire flow shall be
provided to the project site.

The applicantshall pay a fair
share contribution to this
measure.

Upgrading of the water main
feeding hydrants serving the
project site shall be
completed prior to project
building construction and
prior to building occupancy
to ensure that adequate fire
flow is available during
project construction and
operation.

Priorto issuance of
grading permits.

Once prior to
issuance of
grading permits.

This measure
shall remain in
effect throughout
the life of the
project.

Project Applicant,
Community
Development
Department,
Department of
Public Works/Civil
Engineering
Division Beverly
Hills Fire
Department
DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 52 City of Beverly Hills
One Beverly Hills Overlay Specific Plan Project
When Monitoring Monitoring Responsible Compliance Verification Mitigation Measure Action Required to Occur Frequency Agency or Party Initial Date Comments MM-WW-1. The proposed
restaurant shall install a Fat, Oil,
and Grease (FOG) Interceptor to
remove these substances from its
wastewater before entering the
sanitary sewersystem. This device
helps prevent these substances
from clogging the sanitary sewer
system. The device shall be
regularly inspected by the Los
Angeles County Department of
Public Works.

A FOG Interceptorto remove
fat, oil, and grease from the
proposed restaurant’s
wastewater before entering
the sanitary sewer system.

The device shall be regularly
inspected by the Los Angeles
County Department of Public
Works. This measure shall be
implemented prior to
issuance of the proposed
restaurant’s business license
and shall remain effective
throughout the life of the
project.

Priorto issuance of the
proposed restaurant’s
business license.

Once prior to
issuance of the
proposed
restaurant’s
business license.

Regular
inspections
throughout the
life of the project.

Project Applicant,
Community
Development
Department, Los
Angeles County
Department of
Public Works
DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250

EXHIBIT B

SCHEDULE OF PAYMENT AND RATES
CITY shall compensate CONSULTANT for the satisfactory performance of the work described in this Agreement in a total amount not to exceed Five Hundred Eighty-Three Thousand, Three Hundred Thirty-Eight Dollars ($583,338.00.00) at the rates set forth below, including all labor, materials, taxes and reimbursable expenses.

Cost proposal based on 12-month Project duration.

Environmental Compliance Monitor Price
CONSULTANT ECM on-site (12-month duration) $186,744
Daily Logs $12,000
Weekly meetings on-site $4,464
CONSULTANT ECM nightshift (assume 4 weeks) $14,880
Meetings and Reports $27,260
Specialty Consultant Coordination $34,080
MMRP and Conditions of Approvals $60,320
AQ Equipment Coordination $20,000
Total $359,748
Equipment Rental $85,000
Total $191,000
NOISE/VIBRATION (cost includes one vibration monitor and one noise monitor)
$51,790
TRAFFIC $80,700
Total $323,490
87 B0785-0001\2824897v3.doc
DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 88 B0785-0001\2824897v3.doc
TOTAL COSTS:

Category Price
CONSULTANT ECM $359,748
CONSULTANTS $323,490
UTILITY WORK CONTRACT ALREADY REWARDED -$99,900
Total $583,338

STANDARD RATE SCHEDULE
Effective January 1, 2023
The following standard rate schedule is valid for the current calendar year:

Rates Hourly
Principal $175.00
Project Manager $145.00
Assistant Project Manager $125.00
QC Manager $110.00
Project Engineer $100.00
Environmental Compliance Monitor $93.00
REIMBURSABLE EXPENSE RATES:

Reimbursable expenses reasonably incurred in the performance of the Agreement will be charged at cost without markup for the following.
• Mileage, I.R.S. standard rate
• Parking
• Printing
• Messenger & Delivery Services
NOTES:

For Environmental Compliance Monitor, overtime rate of 1.5 times the regular rate will be charged for work performed in excess of 8 hours in one day Monday through Friday and allday Saturday.

DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 B0785-0001\2824897v3.doc
For Environmental Compliance Monitor, overtime rate of 2 times the regular rate will be charged for work performed in excess of 12 hours in one day, all day Sunday and public holidays.

For Environmental Compliance Monitor reimbursable expenses reasonably incurred in the performance of the Agreement as set forth in this Exhibit will be at cost plus 15%. 89 DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 B0785-0001\2824897v3.doc

EXHIBIT C

CERTIFICATE OF INSURANCE
This is to certify that the following endorsement is part of the policy(ies) described below:

NAMED INSURED COMPANIES AFFORDING COVERAGE
A.

B.

ADDRESS C.

COMPANY
(A. B. C.) COVERAGE
POLICY
NUMBER

EXPIRATION
DATE
B.I. LIMITS AGGREGATE
P.D.
AUTOMOBILE LIABILITY
GENERAL LIABILITY
PRODUCTS/COMPLETED

OPERATIONS
BLANKET CONTRACTUAL
CONSULTANT'S PROTECTIVE
PERSONAL INJURY
EXCESS LIABILITY
WORKERS' COMPENSATION

It is hereby understood and agreed that the City of Beverly Hills, its City Council and each member thereof and every officer and employee of the City shall be named as joint and several assureds with respect to claims arising out of the following project or agreement:

It is further agreed that the following indemnity agreement between the City of Beverly Hills and the named insured is covered under the policy: CONSULTANT agrees to indemnify, hold harmless and defend City, its City Council and each member thereof and every officer and employee of City from any and all liability or financial loss resulting from any suits, claims, losses or actions brought against and from all costs and expenses of litigation brought against City, its City Council and each member thereof and any officer or employee of City which results directly or indirectly from the wrongful or negligent actions of CONSULTANT's officers, employees, agents or others employed by CONSULTANT while engaged by CONSULTANT in the (performance of this agreement) construction of this project.

It is further agreed that the inclusion of more than one assured shall not operate to increase the limit of the company's liability and that insurer waives any right of contribution with insurance which may be available to the City of Beverly Hills.

In the event of cancellation or material change in the above coverage, the company will give 30 days written notice of cancellation or material change to the certificate holder.

Except to certify that the policy(ies) described above have the above endorsement attached, this certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein.

Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies.

DATE: BY:

Authorized Insurance Representative
TITLE:

AGENCY: ADDRESS:

RM02.DOC REVISED 10/14/96.

EXHIBIT C
DocuSign Envelope ID: 9A6989B5-C3F1-4839-A124-F3A77B937250 Certificate Of Completion
Envelope Id: 9A6989B5C3F14839A124F3A77B937250 Status: Sent Subject: Complete with DocuSign: Agreement - ZF Alexander Inc. (One BH ECM) (FINAL).pdf Source Envelope:

Document Pages: 90 Signatures: 5 Envelope Originator:

Certificate Pages: 3 Initials: 0 Evelin Welch
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.166
Record Tracking
Status: Original
8/4/2023 8:50:30 AM
Holder: Evelin Welch
[email protected]
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ZARA FARIMANI
[email protected]
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Alexander Rohani
[email protected]
Partner
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Jeffrey Lambert
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Sharon L'Heureux Dressel
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Risk Manager
Sharon Dressel
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Deborah R. Hakman
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Cindy Owens
[email protected]
Policy & Management Analyst
City of Beverly Hills
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Nancy Hunt-Coffey
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Julian A. Gold
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