Cities Index.
Item F-1 Agenda Report

Beverly Hills City Council
February 6, 2024

Document
Item F-1 Agenda Report
Meeting
February 6, 2024
Body
Beverly Hills City Council
Pages
48
Original file
98.6 MB
Text extracted from the city's file for reading and search. Open the original on beverlyhills.granicus.com. That file is the official record.
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AGENDA REPORT
Meeting Date: February 6, 2024
Item Number:

To: Honorable Mayor & City Council
From: Michael Forbes, AICP, Director of Community Development Masa Alkire, AICP, Assistant Director of Community Development/City Planner
Edgar Arroyo, Senior Planner
Subject: HEARING DATE FOR AN APPEAL OF STAFF'S OCTOBER 13, 2023

INCOMPLETE DETERMINATION, PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 65943(c), PERTAINING TO THE
REVIEW OF AN APPLICATION FOR A PROPOSED 19-STORY
RESIDENTIAL AND COMMERCIAL MIXED USE BUILDING AT 125-
129 SOUTH LINDEN DRIVE (PL2300146)
Attachments: 1. Appeal Petition

2. May 12, 2023 Incomplete Letter from City

3. October 13, 2023 Incomplete Letter from City

RECOMMENDATION
Staff recommends that the City Council schedule a public hearing for March 11, 2024 to consider an appeal of City staff’s determination, issued on October 13, 2023, that an application to construct a new 19-story residential and commercial mixed use building at the property located at 125-129 South Linden Drive, is incomplete. State law requires an agency to make a final written determination regarding an appeal within 60 days of the filing of an appeal (Government Code §65943). The appellant submitted their appeal letter to the City on November 13, 2023; however, the appeal fee was not paid until January 11, 2024, which is considered the date that the appeal was filed.

DISCUSSION
On April 14, 2023, Rand Paster & Nelson, LLP, on behalf of 9300 Wilshire, LLC (the “applicant”) filed a Development Plan Review (DPR) application seeking approvals for a new 19-story, 200’ tall, residential and commercial mixed use building (the “project”) at 125-129 South Linden Drive Meeting Date: February 6, 2024

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(the “project site”). The commercial portion of the project consists of a 73-room hotel and restaurant located on the first through fifth floors of the building. The residential portion consists of 165 apartment dwelling units, ranging from studio to two-bedroom units, located on the sixth through the 19th floors of the building. Of the 165 dwelling units proposed, 20% of the units (33 units) are proposed to be reserved for rental to lower income households. Parking for the project is proposed within a four-level subterranean parking structure that would be accessed from an alley abutting the rear of the property, providing parking for 126 vehicles. The project site consists of two vacant lots with a combined lot area of approximately 21,676 square feet located along the west-side of the 100-block of South Linden Drive, within the R-4 Multiple Residential Zone. The applicant has submitted this DPR application as a “Builder’s Remedy” project, which relies on the provisions of the Housing Accountability Act (HAA), codified in Government Code §65589.51
, by providing at least 20 percent of the total units in the development to lower income households.

On November 13, 2023, the applicant submitted an appeal (Attachment 1) of the City’s October 13, 2023 incomplete letter (Attachment 3), which was issued for the second round of review of the project application. As documented in the incomplete letter, staff determined that the application was incomplete for a variety of reasons, including: missing applications and application materials (including the requirement to file applications for a General Plan Amendment and Zone Text Amendment for the project), corrections related to the project’s compliance with applicable development standards, and comments related to applicable state requirements. The appeal was filed pursuant to Government Code Section 65943(c)2 , which
provides a process for an applicant to appeal the City’s determination that an application is incomplete to the City’s governing body. Pursuant to this section, the governing body is required to provide a final written determination within 60 days of receiving the appeal. If a final written determination is not issued by the City within 60 days, the application would be deemed complete and eligible for processing in spite of the missing required application materials.

The appellant’s November 13, 2023 letter lists the following rationale for the appeal:
• The Project maintains vested rights pursuant to the Housing Crisis Act • The Builder’s Remedy provision of the Housing Accountability Act applies to the Project.

PROCESS
Pursuant to Beverly Hill Municipal Code (BHMC) Section 1-4-105, the procedure for appeals of administrative decisions to the City Council is a two-step process. The matter is first placed on the Council agenda for review of the evidence presented in the appeal petition. If the evidence and information presented in the appeal is the same as was presented to the City as part of the review of the project, the Council can then set a public hearing to consider the appeal.

However, if the appeal petition contains new information, the Council may remand the item to the Director of Community Development.

Government Code §65943(c) allows the Council to have the Planning Commission hear an appeal of the City’s incomplete letter. However, any determination made by the Commission is appealable to the City Council. As the City is only provided a 60-day window to provide a written 1 The full text of Government Code §65589.5 is available online at:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=65589.5 2 The full text of Government Code §65943 is available online at:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=65943 Meeting Date: February 6, 2024

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determination regarding the appeal, staff recommends that the City Council follow the appeal provisions provided in BHMC Sections 1-401 et seq. to comply with the applicable Government Code 60-day timeline. Based on the date that the appeal filing fees were paid (January 11, 2024), the City is required to render a decision on the appeal by March 11, 2024. Therefore, staff recommends that the Council schedule this matter for a public hearing on March 11, 2024.

FISCAL IMPACT
There is no anticipated fiscal impact to the City, as this agenda item only intends to schedule a hearing date for an appeal of staff’s completeness determination, and the applicant has paid the applicable appeal fee.

Michael Forbes, AICP
Director of Community Development
Approved By
ATTACHMENT 1
Appeal Petition
633 West Fifth Street
64th Floor
Los Angeles, CA 90071
213.557.7222
www.rpnllp.com
Dave Rand
213.557.7224
[email protected]
November 13, 2023

VIA EMAIL
Edgar Arroyo, Senior Planner
Community Development Department
Planning Division
City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210

Re: Appeal Pursuant to Government Code Section 65943(c) 125 – 129 South Linden Drive
Dear Mr. Arroyo,
We are submitting this transmittal on behalf of 9300 Wilshire, LLC (the “Applicant”) in connection with the Development Plan Review application (“DPR Application”) for the proposed mixed use project at 125-129 South Linden Drive (“Site”), assigned case number PL2300126 (the “Project” or “DPR Project”). On October 21, 2022 the Applicant submitted a Senate Bill 330 Housing Crisis Act of 2019 (“HCA”) preliminary vesting application (“HCA Preliminary Application”) for the Project, which is attached as Exhibit A.
1 At the time of submittal of the HCA Preliminary Application the City lacked a legally compliant Housing Element.2
Accordingly, the Project relies on the “Builder’s Remedy” provision of the State Housing Accountability Act (“HAA”) which prohibits the City from using its objective general plan, specific plan or zoning regulations to deny or render infeasible an affordable housing development project (i.e., a housing development project that provides at least 20 percent of the total units to lower income households, as defined by Health and Safety Code Section 50079.5). The City’s Housing Element remains out of legal compliance, as recently confirmed by the September 12, 2023 Los Angeles County 1 The City’s May 12, 2023 First Incomplete Letter states “Although the Preliminary Application was submitted on Friday, October 21, 2022, the fees for the application were paid after hours, thus the submittal date is considered to be Monday, October 24, 2022.” This point is not contested here. 2 In a letter to the City dated May 12, 2023, the State’s Department of Housing and Community Development (“HCD”) found that the City’s 6th Cycle Adopted Housing Element, adopted February 21, 2023, does not substantially comply with State Housing Element law. HCD’s May 12, 2023 letter also stated that “[b]y no means was the City’s prior submittal [adopted October 15, 2021] in substantial compliance with State Housing Law,” and the “City’s findings as part of the adoption are inadequate to demonstrate substantial compliance with statutory requirements; therefore, revisions to the element continue to be necessary to substantially comply with State Housing Element Law.”
See also “HCD Letter of Technical Assistance Letter” to Rand Paster & Nelson LLP, dated October 5, 2022.

Edgar Arroyo
November 13, 2023

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Superior Court ruling in Californians for Homeownership, Inc. v. City of Beverly Hills, Case No. 23STCP00143.

The Applicant submitted the Project’s DPR Application on April 24, 2023, which was within the six-month statutory time period required by California Government Code Section 65941.1(d) to maintain the vested rights conferred by the HCA Preliminary Application. The DPR Application is attached as Exhibit B. On May 12, 2023, within thirty days from receipt of the DPR Application, the City timely issued a letter deeming the DPR Application incomplete (the “First Incomplete Letter”), which is attached here as Exhibit C. The City’s First Incomplete Letter clearly rejected the entire legal premise that the Project may proceed under the Builder’s Remedy provision of the HAA, and instead instructed the Applicant to pursue a General Plan Amendment and Zone Change to cure areas where the Project does not comply with current zoning. The City also claimed that the HCA Preliminary Application was of no further force or effect because the DPR Project was allegedly “substantially different” from the Project as described in the HCA Preliminary Application, purportedly because the DPR Project includes commercial uses which were not initially described in the HCA Preliminary Application. However, the City’s assertion is incorrect and the HCA Preliminary Application remains valid given the Project, as described in the DPR Application, did not violate the only two criteria recognized by California law that could result in a loss of vesting: namely, the DPR Project did not increase or decrease the number of residential units or square footage of construction by more than 20 percent from the project description and plans submitted with the HCA Preliminary Application. 3 On August 9, 2023, the Applicant submitted a formal written response to the First Incomplete Letter (“Response to First Incomplete Letter”) which included detailed written responses to each of the First Incomplete Letter’s 38 comments as well as attachments addressing the specific information identified as outstanding by the First Incomplete Letter. The letter refuted the First Incomplete Letter’s assertions that 1) the Project’s right to HCA vesting have been lost due a change in the Project’s uses, and 2) that additional entitlement approvals, including a General Plan amendment and Zone Change, are required to allow the Project to be approved. We continue to maintain that these assertions are erroneous and reflect the City’s misunderstanding of State law requirements established by the vesting provisions of the HCA, the “Builders Remedy” provision of the HAA, and the Permit Streamlining Act (“PSA”). The Response to First Incomplete Letter was sent to the City within 90 days of the date of the First Incomplete Letter, in conformance with Government Code Section 65941.1(d)(2), and was sent to the Project’s assigned planner at the City via email, which is consistent with the method of communication and transmittal of application materials used for all other Project-related correspondence between the City and this firm. A copy of the Response to First Incomplete Letter and the associated email transmittal is attached to this letter as Exhibit D.

Pursuant to the HCA, the Applicant expected to receive a response regarding the DPR Application’s completeness from the City within 30 days, or on or before Friday, September 8, 2023. No such response was provided by the City by that date, and therefore this firm sent additional correspondence to the City on September 15, 2023 (“Confirmation of Deemed Complete Letter”), again via email, advising the City that because no response to the Response to First Incomplete Letter or additional requests for application items had been timely received, the Project was therefore considered “deemed complete” in accordance with HCA and the PSA. The City responded to the Confirmation of Deemed Complete Letter on September 18, 2023, via email, stating that they never received the 3 Government Code Section 65941.1(c).

Edgar Arroyo
November 13, 2023

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Response to First Incomplete Letter due to an issue with the City’s email security filter system. A copy of the Confirmation of Deemed Complete Letter and associated email correspondence on this topic is included as Exhibit E. Notwithstanding that the Response to First Incomplete Letter was in fact timely transmitted to the City on August 9, 2023, within the 90-day timeframe prescribed by Government Code Section 65941.1(d)(2), and notwithstanding the fact that prior and subsequent email correspondence between this firm and the City was timely received by the City, the Applicant agreed to provide the City with a new 30-day period from September 15, 2023 (the date of the Confirmation of Deemed Complete Letter transmittal) to review the materials originally transmitted on August 9, 2023 as part of the Response to First Incomplete Letter.

On October 13, 2023, the City issued a second letter which again deemed the DPR Application incomplete (the “Second Incomplete Letter”), which is attached as Exhibit F. The Second Incomplete Letter reiterates the argument that the HCA Preliminary Application is no longer valid because the DPR Project was “substantially different” from the Project as described in the HCA Preliminary Application.

The letter also states that, notwithstanding the clear applicability of the Builder’s Remedy, the Applicant must still file applications for discretionary legislative approvals that the City is legally prohibited from requiring for the Project. Specifically, the letter states:
“The City disagrees with the position that applications for a General Plan Amendment or Zone Change are not required, as detailed in the May 12, 2023 incomplete letter and provided below.

The City continues to believe it has the authority to require the applications to be filed and processed as part of an overall project, even if, assuming arguendo, that it may be constrained by state law in its ability to deny a project on consistency bases.” The Second Incomplete Letter further claims that the HCA Preliminary Application is invalid because the application items, including the aforementioned General Plan Amendment and Zone Change applications, remain incomplete and it is now impossible to make the application complete within 90 days of the First Incomplete Letter, issued on May 12, 2023. As noted above, the record reflects that the Applicant timely submitted the Response to First Incomplete Letter, and elected to grant the City additional time to review the materials submitted as part of the Response to First Incomplete Letter, resulting from an issue with the City’s email system.

In light of the City’s repeated rejection of the DPR Application and the ongoing disagreement between the Applicant and the City about how to process the Builder’s Remedy aspect of the Project, it is clear that the parties have reached an impasse. After the Applicant’s multiple attempts to explain and clarify how the Builders Remedy provision applies to this Project and why local zoning rules are suspended given the lack of a substantially complaint Housing Element, it is now abundantly clear the City refuses to submit to State law. As such, the Applicant is left with no option but to submit this appeal in accordance with the procedure established by Government Code Section 65943(c). The appeal again requests that the City recognize the continued validity of the HCA Preliminary Application and continue to process the DPR Application as a Builder’s Remedy request, without the need for a General Plan Amendment or Zone Change.

Edgar Arroyo
November 13, 2023

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I. BASIS FOR APPEAL
A. Government Code Section 65943(c)
As part of the HCA, Government Code Section 65943(c) provides an opportunity for appeal when an application for submittal has been determined not to be complete:
“(c) If the application together with the submitted materials are determined not to be complete pursuant to subdivision (b), the public agency shall provide a process for the applicant to appeal that decision in writing to the governing body of the agency or, if there is no governing body, to the director of the agency, as provided by that agency. A city or county shall provide that the right of appeal is to the governing body or, at their option, the planning commission, or both.

There shall be a final written determination by the agency on the appeal not later than 60 calendar days after receipt of the applicant’s written appeal. The fact that an appeal is permitted to both the planning commission and to the governing body does not extend the 60-day period.

Notwithstanding a decision pursuant to subdivision (b) that the application and submitted materials are not complete, if the final written determination on the appeal is not made within that 60-day period, the application with the submitted materials shall be deemed complete for the purposes of this chapter.”
As described in detail above, the Project’s completion of a HCA Preliminary Application, DPR Application submittal, and subsequent adherence to the statutory timelines and requirements of HCA provide the Applicant with the right to appeal. As such, this appeal is filed in accordance with the procedure established by Government Code Section 65943(c) and must be routed to the City Council as the City’s governing body for a determination within 60 days.

II. APPEAL JUSTIFICATION
A. The Project Maintains Vested Rights Pursuant to the HCA.

As acknowledged by the First Incomplete Letter, on October 21, 2022, pursuant to Government Code Section 65941.1, the Applicant submitted a HCA Preliminary Application to the City, which described the proposed Project as a 16-story, 200-unit development project (40 units [20 percent] of which would be deed restricted to lower income households) containing 259,547 square feet (“PA Project”), and on October 24, 2022, the City received the Applicant’s fee payment associated with the PA submittal, thereby establishing vested rights under the ordinances, policies, and standards adopted and in effect as of October 24, 2022.

On April 24, 2023, the Applicant filed the DPR Application with the City for the DPR Project, which is a proposed 19-story mixed use, multifamily residential and hotel building, with 165 rental apartment units (including 33 affordable housing units) and ancillary residential spaces, 73 hotel rooms and ancillary hotel spaces including a restaurant use. The DPR Application was submitted within the 180- day period following the submittal of the HCA Preliminary Application, as prescribed by Government Code Section 65941.1(d)(1). Accordingly, the Project’s October 24, 2022 vesting date was maintained.

However, as noted above, the First Incomplete Letter asserts that the Project no longer possesses vested rights due to the Applicant’s modifications to the Project between the submittal of the Edgar Arroyo
November 13, 2023

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HCA Preliminary Application and the DPR Application, including the introduction of a hotel use. To support this claim, the City cites language from Government Code Section 65941.1(a)(4), which specifies that an HCA Preliminary Application is required to provide information regarding “the proposed land uses” included in a development project. By the City’s logic, because the DPR Project contains additional land uses (i.e., hotel and restaurant uses) as compared to the proposal submitted with the HCA Preliminary Application, the Project no longer has any vested rights. This represents an incorrect reading of SB 330’s statutory provisions.

The City’s claim that the HCA Preliminary Application and its vesting protections are no longer in effect because new land uses were introduced for the DPR Project is without merit, as the preliminary application requirements as set forth in Government Code Section 65941.1(a)(4) do not dictate a loss of vested rights. Instead, the solely relevant statutory language regarding changes to a project description contained in a PA that forfeit vested rights is provided by Government Code Section 65941.1(c), which states:
“After submittal of all of the information required by subdivision (a), if the development proponent revises the project such that the number of residential units or square footage of construction changes by 20 percent or more, exclusive of any increase resulting from the receipt of a density bonus, incentive, concession, waiver, or similar provision, the housing development project shall not be deemed to have submitted a preliminary application that satisfies this section until the development proponent resubmits the information required by subdivision (a) so that it reflects the revisions. For purposes of this subdivision, “square footage of construction” means the building area, as defined by the California Building Standards Code (Title 24 of the California Code of Regulations).4
(Emphasis added).

The HCA Preliminary Application Project consisted of a residential project that included 200 dwelling units within a 259,547 square foot, 16-story building. The DPR Project consists of a mixed-use development that includes 165 dwelling units and a 73-room hotel and hotel restaurant within a 311,197 square foot, 19-story building. The number of residential units was reduced from 200 in the HCA Preliminary Application Project to 165 in the DPR Project (a 17.5 percent decrease), and the square footage of construction was increased from 259,547 square feet in the HCA Preliminary Application Project to 311,197 square feet in the DPR Project (a 19.9 percent increase). These revisions are within the 20 percent threshold set forth in Government Code Section 65941.1, and do not require the Applicant to resubmit information required by Section 65941.1(a). Therefore, the vesting protections established by the HCA Preliminary Application continue to apply to the Project.

Additionally, the City has taken the stance that the Applicant is only provided with one 90-day time period during which the Applicant must respond perfectly to all of the items in the First Incomplete Letter in order to maintain vested rights. This cannot be the case as the HCA clearly establishes a more iterative process where more than one back-and-forth resubmittal is required to deem an application complete:
“(a) Not later than 30 calendar days after any public agency has received an application for a development project, the agency shall determine in writing whether the application is complete and shall immediately transmit the determination to the applicant for the development project. 4 Government Code Section 65941.1(c).

Edgar Arroyo
November 13, 2023

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If the written determination is not made within 30 days after receipt of the application, and the application includes a statement that it is an application for a development permit, the application shall be deemed complete for purposes of this chapter. Upon receipt of any resubmittal of the application, a new 30-day period shall begin, during which the public agency shall determine the completeness of the application. If the application is determined not to be complete, the agency’s determination shall specify those parts of the application which are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application. The applicant shall submit materials to the public agency in response to the list and description.”5 (Emphasis added).

According to this statutory provision, the Applicant has the obligation to resubmit within 90 days and the City must then respond within 30 days each time the Applicant provides a resubmittal in response to a determination of incompleteness. Accordingly, notwithstanding any statement to the contrary in this letter or in any other correspondence to the City, the Applicant reserves the right to continue with the statutory vesting timelines and to resubmit additional materials responsive to the City’s Second Incomplete Letter within 90 days of October 13, 2023.

Furthermore, setting aside the fundamental disagreement about the type of application required, as described below, the City has set the Applicant up for failure by making it impossible to fully respond to all 38 listed items on the City’s First Incomplete Letter. For example, the City included items on that list which they noted are solely within their control, not the Applicant’s, to initiate. For example, item 21 of the First Incomplete Letter required “Environmental Review,” which stated:
“Once all major corrections have been addressed and complete applications have been submitted, the City will review the proposal to determine what review may be required pursuant to the California Environmental Quality Act (CEQA). The applicant will be responsible for paying the costs for the preparation of any required environmental document, including but not limited to the costs of any consultants as may need to be retained by the City.” All the Applicant can do at this stage is acknowledge this obligation since we are not permitted to draft the environmental review document. Additionally, the City listed comments from various departments on the First Incomplete Letter which addressed building code and other “plan check” level technical compliance requirements which are premature to require at the entitlement stage. These comments include item 22 (“Low Impact Development (LID)”), item 32 (“Public Works Stormwater/Environmental Compliance/Sustainability Comments”), item 33 (“Building and Safety – Building and Technical Code Comments”), item 34 (“Building and Safety – Right of Way Comments), item 35 (“Fire Department Comments”). Due to the level of architectural and design technicality needed to respond to these items, it would be impossible for the Applicant to satisfy these items within 90 days, or even during the entire duration of the entitlement process. In fact, the City acknowledges in the Second Incomplete Letter that items 22, 32, 33 and 35 are premature, should be assessed during the plan check process, and are no longer required for an entitlement completeness determination. For these reasons, we refute the City’s claim that all items identified in the First Incomplete Letter as being necessary to complete the DPR Application must be entirely satisfied in one 90-day period, and instead assert that 5 Government Code Section 65943(a).

Edgar Arroyo
November 13, 2023

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the Applicant and the City have the right and obligation to undertake a reasonable iterative process to make an application complete.

B. The Builder’s Remedy Provision of the HAA Applies to the Project.

As you know, the City’s Housing Element is currently out of compliance with State Housing Element law requirements.6 Under the Builder’s Remedy provision of the HAA, if a jurisdiction lacks a substantially compliant Housing Element, it cannot use its objective general plan, specific plan or zoning regulations to deny or render infeasible an affordable housing development project (i.e., a housing development project that provides at least 20 percent of the total units to lower income households, as defined by Health and Safety Code Section 50079.5). The Project is a 165-unit mixed-use development with 20 percent of the units (33 units) affordable to lower income households. Because the residential portion equates to approximately 77 percent of the Project, the Project qualifies as a “housing development project” under the HAA.
7 The DPR Application explicitly states that the Project is proposed pursuant to the Builder’s Remedy provision of the HAA, as the City lacked a substantially compliant Housing Element at the time of the HCA Preliminary Application and continues to lack a substantially compliant and certified Housing Element. Furthermore, the Project retains vesting rights under the ordinances, policies, and standards adopted and in effect at the time the HCA Preliminary Application was submitted on October 24, 2022; these vested ordinances, policies and standards include the City’s noncompliant Housing Element status, as confirmed by HCD.
8 As described above, these vested rights continue to apply to the Project, despite the City’s recent claims to the contrary. Therefore, the City cannot escape its obligation to process the Project pursuant to the mandates of the HAA and the Builder’s Remedy.

However, notwithstanding the City’s indisputably noncompliant Housing Element status and legal obligation to process the Builder’s Remedy request, the City is claiming the Project cannot proceed without a General Plan Amendment and Zone Change because the proposed design does not conform to the land use or zoning standards. Specifically, the First Incomplete Letter states that the Project requires a General Plan Amendment, Zone Change, and possibly other entitlements because the DPR Project does not “conform to the City’s General Plan and various provisions of the City’s zoning code.” The First Incomplete Letter goes on to identify use limitations, height limitations, and maximum permitted density limitations, and other standards to which the Project would need to comply. The Second Incomplete Letter restates this position and provides a new reason, claiming that:
6 In a letter to the City dated May 12, 2023, the State’s Department of Housing and Community Development (“HCD”) found that the City’s 6th Cycle Adopted Housing Element, adopted February 21, 2023, does not substantially comply with State Housing Element law. HCD’s May 12, 2023 letter also stated that “[b]y no means was the City’s prior submittal [adopted October 15, 2021] in substantial compliance with State Housing Law,” and the “City’s findings as part of the adoption are inadequate to demonstrate substantial compliance with statutory requirements; therefore, revisions to the element continue to be necessary to substantially comply with State Housing Element Law.”
7 Government Code Section 65589.5(h)(2)(B). 8 HCD Letter of Technical Assistance Letter to Rand Paster & Nelson LLP, dated October 5, 2022.

Edgar Arroyo
November 13, 2023

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“the City continues to believe it has the authority to require the applications to be filed and processed as part of an overall project, even if, assuming arguendo, that it may be constrained by state law in its ability to deny a project on consistency bases.” The City indicates it may require a General Plan Amendment and Zone Change to ensure the “due process rights of surrounding property owners”. This appears to be an attempt to create unnecessary administrative hurdles for the Project while creating a false sense of discretionary authority that does not apply to a project governed by the HAA. The DPR Application ensures ample due process rights by allowing the City to request a litany of detailed project plans and informational items, conduct a noticed public hearing before the Planning Commission, provide an opportunity for an appeal to the City Council, and require the completion of environmental review under CEQA. As the Builder’s Remedy provision of the HAA prohibits a City from using its objective general plan, specific plan or zoning regulations to deny or render infeasible an affordable housing development project it is therefore antithetical to the HAA standard of review to require the Applicant to apply for a discretionary General Plan Amendment and Zone Change application. In other words, a Project that may only be denied or reduced in density under the narrow and circumscribed discretion afforded by the HAA cannot be required to be processed through legislative actions (such as a General Plan Amendment and/or a Zone Change) which by definition afford the City far broader discretionary review authority. Thus, the DPR Application – the very entitlement applied for by the Applicant – is the appropriate approval mechanism for an HAA-governed affordable housing project in the City.

HCD has also provided guidance directly addressing this topic in its June 8, 2023 letter to the City of La Cañada Flintridge, stating:

Government Code section 65589.5, subdivision (d)(5), allows a local agency to disapprove an affordable housing project that ‘is inconsistent with both the jurisdiction’s zoning ordinance and general plan land use designation as specified in any element of the general plan’ if ‘the jurisdiction has adopted a revised housing element … that is in substantial compliance….’ HCD then goes on to explicitly clarify:

If HCD does not find a local jurisdiction’s adopted housing element in substantial compliance by the statutory deadline, the jurisdiction cannot use subdivision (d)(5) of Government Code section 65589.5 (inconsistency with zoning and general plan standards) as a basis to deny a qualifying affordable housing project.

Therefore, based on the provisions of the Builder’s Remedy itself as well as recent HCD guidance, the City cannot use inconsistency with zoning and general plan standards to deny or render infeasible the Project as currently proposed and it cannot require the Applicant to apply for a General Plan Amendment, Zone Change, or other entitlements that are solely intended to establish compliance with such inapplicable land use or zoning standards.

III. Conclusion.

As described above, the Applicant continues to assert the validity of its HCA Preliminary Application and the associated vesting protections. Moreover, the Project’s DPR Application is the appropriate mechanism for the City to review the Project pursuant to the Builder’s Remedy provisions of Edgar Arroyo
November 13, 2023

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the HAA, and General Plan Amendments and/or Zone Changes may not be legally required, despite the City’s claims to the contrary.

The Applicant has endeavored in good faith to respond to the City’s requested items that are reasonably related to a typical DPR application in the context of the HAA, HCA, and the PSA. Yet after multiple attempts to explain the legal basis of this Project’s DPR Application, the Builder’s Remedy provision of the HAA, and the consequences of a non-compliant Housing Element, it is clear the City refuses to recognize and submit to State housing law. The positions reflected by the City’s incomplete letters and the Applicant’s responses demonstrate fundamental legal disagreement over the scope of the City’s discretion. Any objective observer at this point would conclude that the Applicant’s DPR Application will never be deemed complete by the City no matter how much time and effort may be expended by the Applicant to respond to the myriad of requested application items. As a result, the Applicant is left with no choice but to exercise its appeal right under the HCA to the City’s legislative body. We therefore respectfully request that the City process and grant this appeal, recognize the continued validity of the HCA Preliminary Application, and continue to process the DPR Application as a Builder’s Remedy request, without the need for a General Plan Amendment or Zone Change. Please note that pursuant to California Government Code Section 65943(c) the City must provide a final written determination on the appeal within sixty (60) calendar days from receipt of this appeal request.

Sincerely,
Dave Rand
Dave Rand
Partner
of RAND PASTER & NELSON, LLP
Attachments (Provided Via “WeTransfer” File Share Link) A – HCA Preliminary Application
B – DPR Application
C – First Incomplete Letter
D – Response to First Incomplete Letter
E – Confirmation of Deemed Complete Letter
F – Second Incomplete Letter
633 West Fifth Street
64th Floor
Los Angeles, CA 90071
213.557.7222
www.rpnllp.com
Dave Rand
213.557.7224
[email protected]
October 21, 2022

VIA EMAIL
Community Development Department
Planning Division
455 N. Rexford Drive
Beverly Hills, CA 90210

Re: 125 and 129 S. Linden Drive – Builder’s Remedy Request and Preliminary Application To whom it may concern:

We represent 9300 Wilshire, LLC (the “Applicant”) in connection with a proposed 16 story, 200 unit development project (40 units of which would be deed restricted to lower income households) (the “Project”) on a 21,676 square foot property located at 125 and 129 S. Linden Drive (the “Site”) in the City of Beverly Hills (“City”).

To expedite the development of the Project’s much-needed market rate and affordable housing units, the Applicant requests the City’s approval of the Project pursuant to the provisions of the State Housing Accountability Act (“HAA”) known as the “Builder’s Remedy” (Government Code Section 65589.5(d)(5)). Under the Builder’s Remedy, if a jurisdiction lacks a substantially compliant Housing Element, it cannot use its objective general plan, specific plan or zoning regulations to deny or render infeasible an affordable housing development project (i.e., a housing development project that provides at least 20 percent of the total units to lower income households, as defined in Section 50079.5 of the Health and Safety Code). There are a limited number of exceptions to the application of the Builder’s Remedy, including when a project is on agricultural or resource preservation lands, has inadequate water or sewer infrastructure or supply, would violate a specific state or federal law, or would result in a specific, adverse impact upon the public health or safety. (Government Code Section 65589.5(d).).

As of the date of this preliminary application submittal, the City of Beverly Hills lacks a substantially compliant Housing Element, and therefore the Builder’s Remedy is available for qualifying affordable housing projects. As noted above, the Project includes 20 percent of the total number of units (or 40 units) for lower income households and therefore satisfies the affordability requirements under the Builder’s Remedy. Moreover, none of the exceptions to the Builder’s Remedy apply to the Site or Project. Accordingly, the City cannot apply objective general plan and/or zoning standards that would deny the Project or render it infeasible.

ATTACHMENT A - HCD PRELIMINARY APPLICATION
Planning Division
October 21, 2022

Page 2 ends

Concurrently with this letter, the Applicant submits a preliminary application for the Project pursuant to Government Code Section 65941.1. The submittal of this preliminary application will vest the Applicant’s right to develop the Project in accordance with the ordinances, policies, and standards in effect at time of submittal. (Government Code Section 65589.5(o)(1)). The State Housing and Community Development Department (“HCD”) very recently confirmed in the attached Technical Assistance Letter (dated October 5, 2022) that the vested policies and standards include the City’s noncompliant Housing Element in place at the time of a preliminary application filing. Accordingly, based on the provisions of the HAA, Senate Bill 330 (as amended by Senate Bill 8) and HCD guidance, the Builder’s Remedy and the HAA will remain available for and applicable to the Project throughout the duration of the Project’s application process, provided the applicable statutory requirements to maintain vesting are satisfied, even if the City were to adopt a substantially compliant Housing Element prior to Project approval.

We appreciate your attention to this matter, and please feel free to contact me with any questions regarding the Project.

Sincerely,
Dave Rand
Dave Rand
Partner
of RAND PASTER & NELSON, LLP
cc: Leo Pustilnikov
Olivia Joncich
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
October 5, 2022
Dave Rand
Rand Paster & Nelson LLP
633 W. Fifth Street, 64th floor
Los Angeles, CA 90071
Dear Dave Rand:

RE: 3030 Nebraska Avenue, Santa Monica – Letter of Technical Assistance This letter is in response to your September 16, 2022, request for technical assistance regarding the implementation of the Housing Accountability Act (HAA), particularly those provisions that require housing element compliance, in the context of the proposed multi-family residential development in Santa Monica at the address noted above. The inquiry pertains to the relationship of preliminary applications to projects that invoke the provisions of subdivision (d)(5) of Government Code section 65589.5 once a housing element has been found in substantial compliance with State Housing Element Law.

Background
A housing development project with housing for very low-, low-, or moderate-income households1 cannot be denied (or approved in a way such that conditions render the inclusion of affordable housing infeasible) unless one of five potential written findings, based upon a preponderance of the evidence in the record, can be made. (Gov. Code, § 65589.5, subd. (d).) Under subdivision (d)(5), a jurisdiction can only deny a qualifying project if both of the following criteria are satisfied: (1) The project is inconsistent with both the jurisdiction’s zoning ordinance and general plan land use designation and (2) the jurisdiction has a housing element in substantial compliance with State Housing Element Law. Therefore, the status of a jurisdiction’s housing element is of critical importance when determining the applicability of the provisions of subdivision (d)(5). 1 “Housing for very low, low-, or moderate-income households” means that either (A) at least 20 percent of the total units shall be sold or rented to lower income households, as defined in Section 50079.5 of the Health and Safety Code, or (B) 100 percent of the units shall be sold or rented to persons and families of moderate income as defined in Section 50093 of the Health and Safety Code, or persons and families of middle income, as defined in Section 65008 of this code. (Gov. Code, § 65589.5, subd. (h)(3).)
Dave Rand, Rand Paster & Nelson LLP

Page 2 ends

Analysis
The question posed in your September 16, 2022; request is as follows:

If a preliminary application is submitted to a jurisdiction without a compliant Housing Element, and the jurisdiction subsequently achieves Housing Element compliance during the project’s entitlement process, do the rights vested by the preliminary application continue to apply?
The answer is “yes.” The submittal of a complete preliminary application pursuant to Government Code section 65941.1 vests the right to develop a housing development project in accordance with the ordinances, policies, and standards in effect when a preliminary application is submitted. (Gov. Code § 65589.5, subd. (o)(1).) Therefore, if the submittal occurs at a time when the jurisdiction does not have a compliant housing element, any potential benefits afforded to the applicant as a result of the jurisdiction’s noncompliant status would remain throughout the entitlement process even if the jurisdiction subsequently achieves compliance during the entitlement process.

If you have questions or need additional information, please contact Brian Heaton at [email protected].

Sincerely,
Melinda Coy
Proactive Housing Accountability Unit Chief

City of Beverly Hills
Community Development Department
Planning Division
455 N. Rexford Drive
Beverly Hills, CA  90210
Tel. (310) 285‐1141
Fax. (310) 858‐5966
Preliminary Application for
A Housing Development Project
Planning Form P‐04
Version: December 2019     Page 1 of 6
Preliminary Application Overview:

This  preliminary  application  is  provided  pursuant  to  Section  65941.1  of  the  California Government  Code  for  housing  development  projects.    All  requested  information  must  be provided and applicable fees paid in order for this application to be considered submitted to the City.  This preliminary application does not take the place of the entitlement application that is required for submittal to the City for consideration of a housing development project.

The entitlement application for the housing development project, including all of the information required  to  process  the  entitlement  application,  must  be  submitted  to  the  City  within  180 calendar days after the submittal of this preliminary application.  If the appropriate entitlement application(s) are not submitted within 180 calendar days, the rights granted by this preliminary application shall become null and void.

If, after  submittal of  this preliminary application, an applicant  revises a housing development such that the number of residential units or square footage of construction changes by 20% or more,  the  housing  development  project  shall  not  be  considered  to  have  submitted  a  valid preliminary  application  until  the  applicant  resubmits  the  information  to  reflect  the  project revisions. If the applicant revises this preliminary application in any other way, including to revise any previously incorrect information, the preliminary application shall be deemed “submitted” on the date the revised, accurate information is submitted to the City.

Filing Fee:

This application shall not be considered submitted unless the applicable preliminary application fee has been paid to the City.  Please see current Planning Department Fee Schedule here:
www.beverlyhills.org/planningapplications  or call Community Development at (310)‐285‐1141.

Appointment & Staff Contact Information:

Please contact staff to schedule an appointment to submit a Preliminary Application for a Housing Development.  If you have questions about this application, please call (310)‐285‐1141, and ask to be directed to Current Planning, or visit the following website for staff contact information:
www.beverlyhills.org/contactplanning.

City of Beverly Hills – Preliminary Application for Housing Development

Page 2 of 6 ends

1. Project Address: _______________________________________________________________ Assessor’s parcel numbers: ________________________________________________________ Legal description of site: ________________________________________________________

2. Identify the existing uses on the project site and description of major physical alterations to the property upon which the project is proposed to be located. _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________

3. Please provide a site plan showing the location on the property, elevations showing design, color, and material, and the massing, height, and approximate square footage, of each building that is to be occupied (Attach to this form).

4. Describe the proposed land uses by number of units and square feet of residential and nonresidential development using the land use categories described in the Beverly Hills Municipal Code.
_______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________

5. Describe the proposed number of parking spaces to be provided in the project.

6. Are there any point sources of air or water pollutants in the project?  If so, describe. _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________

7. Are there any species of special concern known to occur on the property? _______________________________________________________________________________ 4328-009-007, 4328-009-021
TRACT # 6648 LOTS 40, 39, 38
NO
NO
The proposed project will include 200 residential dwelling units in 259,547 (gross) sq. ft.

The project will include _______________________________________________________________ 124 parking spaces within three levels of a subterranean garage. ________________ The proposed project includes the demolition of any existing improvements and new The property at 125 Linden Dr is currently improved as a surface parking lot.

The property at 129 Linden Dr is a vacant, unimproved lot. construction of a multi-family residential building with 200 units 125, 129 S. Linden Drive (125 S. Linden Drive is also identified as 9744 Wilshire Blvd) subterranean parking providing a total of 124 parking stalls. and three levels of
City of Beverly Hills – Preliminary Application for Housing Development

Page 3 of 6 ends

_______________________________________________________________________________ _______________________________________________________________________________

8. Check the applicable box(es) if the proposed project site is located within:

A very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178.

Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code.

A special flood hazard area subject to inundation by the 1 percent annual chance flood (100‐year  flood) as determined by  the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency.

A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission  under  the  California  Building  Standards  Law  (Part  2.5  (commencing  with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.

A stream or other resource that may be subject to a streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code.

9. Do any historic or cultural resources exist on the property? If so, describe. _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________

10.  How many proposed below marking rate units are included in the proposed project?  What are the levels of affordability?
_____________________________________________________________________________ NO
The project will include 40 units restricted for Lower Income Households and 160 market rate City of Beverly Hills – Preliminary Application for Housing Development

Page 4 of 6 ends

_____________________________________________________________________________ _____________________________________________________________________________

11. What are the number of bonus units and any incentives, concessions, waivers or parking reductions requested pursuant to the State Density Bonus Law? _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________

12.  Are any approvals under the Subdivision Map Act, including, but not limited to, a parcel map, a tentative map, or a condominium map being requested?
_____________________________________________________________________________ _____________________________________________________________________________ ____________________________________________________________________________

13. Are there any units on the project site that are proposed to be demolished as part of this application?  How many of these units are currently occupied? _____________________________________________________________________________ _____________________________________________________________________________

14. Please include a site map showing a stream or other resource that may be subject to a streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code and an aerial site photograph showing existing site conditions of environmental site features that would be subject to regulations by a public agency, including creeks and wetlands.

15. Are there any recorded public easements, such as storm drain easements, water line easements or other public rights of way on the project site? If so, please show their precise location on the site plan.
________________________________________________________________ ________________________________________________________________ ________________________________________________________________ NO
See attached.

NO
The project does not include a density bonus request under State Density Bonus Law. (or unrestricted) units.

NO
City of Beverly Hills – Preliminary Application for Housing Development

Page 5 of 6 ends

Applicant information and Consent from Property Owner:

Choice  of  Law.  This  document  shall  be  deemed  to  have  been  made  in  the  State  of  California  and  shall  be construed, and the rights and liabilities of the parties determined, in accordance with the laws of the State of California.

I hereby certify under penalty of perjury under the laws of the State of California that I am the owner(s) of the subject property, or have been authorized to sign on behalf of the property owner, and consent to the filing of this application on the above‐referenced property.

Executed on this ____________ (Day) of __________________________ (Month) of 20_______ (Year) in ______________________________ (City), _________________________________ (State).

Dated:_______________________              BY: _____________________________________ (Signature)
________________________________                  BY: _____________________________________ (Title, Company)         (Printed Name)
Additional Owner Signature (if applicable):

Dated:_______________________              BY: _____________________________________ (Signature)
________________________________          BY: _____________________________________ (Title, Company)         (Printed Name)
Please indicate the role of the signatory(ies) above:

Owner              Applicant      Agent/Representative
Applicant Information [Individual(s) or entity benefitting from the entitlement] Name(s):

Address:

City:    State & Zip Code:

Phone:

E‐Mail
9300 Wilshire, LLC
9744 Wilshire Blvd, STE 203
Beverly Hills CA 90212
310-208-4100
[email protected]
October 22
California
20th
Beverly Hills
10/20/2022
Manager, 9300 Wilshire LLC Leo Pustilnikov
**
City of Beverly Hills – Preliminary Application for Housing Development

Page 6 of 6 ends

If the owner did not sign the preceding page, is a Letter of Authorization provided*? Yes               No
*Please note that a Letter of Authorization is required when the property owner does not sign this application,  but  instead  has  another  individual  sign  on  their  behalf.    See  Letter  of  Authorization Example at the end of this application for reference.  Please also note that if this application will be heard by the Planning Commission or City Council, the property owner will be required to record a Covenant & Agreement to accept the conditions of approval, if applicable. **The property is co-owned by five tenants in a Tenancy In Common (TiC) structure. The tenants are EJT WILSHIRE LINDEN, LLC, a California limited liability company (“Tenant 1”), 1112 INVESTMENT COMPANY, LLC, a California limited liability company (“Tenant 2”), 9300 WILSHIRE, LLC, a Delaware limited liability company (“Tenant 3”), 9300 WILSHIRE FEE, LLC, a Delaware limited liability company (“Tenant 4”), E.D. FLORES, LLC, a California limitedliability company (“Tenant 5”), and DROMY 1995 FAMILY TRUST DATED DECEMBER 12, 1995.

The TiC Agreement included with this application includes authority for 9300 WILSHIRE, LLC to sign on behalf of the co-owners as the "TiC Manager." The TiC Agreement identifies Leonid (Leo) Pustilnikov as the managing principal of 9300 WILSHIRE, LLC with the authority to sign on behalf of the co-owners of the property.

SB 330 Vesting Application – 125-129 S. Linden Drive
Attachment for Item 14 – Aerial Site Map
(site outlined in yellow)
$87202%,/(3$5.,1*
ACCESSIBLE PARKING REQUIREDCBC SECTION 1109A.3:2% OF COVERED MULTIFAMILY DWELLING UNITS. AT LEAST 1 SPACE: OF EACH TYPE OF PARKING FACILITY SHALL BE MADE ACCESSIBLE.2% x 200 UNITS = 4 SPACES.CBC SECTION 1109A.8.61 OF EVERY 8 ACCESSIBLE SPACES SHALL BE VAN ACCESSIBLE, MINIMUM 1 VAN ACCESSIBLE SPACE: 1 SPACE.ELECTRICAL VEHICLE PARKING REQUIRED:PER CALIFORNIA GREEN BUILDING CODE SECTION 4.106.4.2.25% OF PARKING SHALL BE EV CHARGING STATION INSTALLED 5% x 124 STALLS = 6.2 (ROUNDED) = 7 EVCS25% OF PARKING SHALL BE EV READY25% x 124 STALLS = 31 EVSE 10% OF PARKING SHALL BE RACEWAY/ CONDUIT SUPPLIED10% x 124 STALLS = 12.4 (ROUNDED) = 13 CONDUIT INSTALLED PER CALIFORNIA GREEN BUILDING CODE SECTION 4.106.4.2.2: ONE IN EVERY EV 25 SPACES SHALL HAVE AN 8 WIDE MINIMUM AISLE, MINIMUM 1 SPACE. 352-(&7,1)250$7,21
PROJECT NAME:ADDRESS:OWNER:CONSTRUCTION TYPE:PROPOSED BLDG HEIGHT:PROPOSED NUMBER OF STORIES:OCCUPANCY TYPE:
129 LINDEN DR125-133 S LINDEN DR, BEVERLY HILLS, CA 90212DROMY 1995 FAMILY TRUST;9300 WILSHIRE, LLC;9300 WILSHIRE FEE, LLC;E.D. FLORES, LLC;1112 INVESTMENT CO., LLC;EJT WILSHIRE LINDEN, LLC TYPE IA170'-0"16 STORIESS2 - PARKINGR2 - RESIDENTIAL A3 - ROOF DECK
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

LOTS 38, 39, AND 40 OF TRACT NO.6648, IN THE CITY OF BEVERLY HILLS, IN COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 71, PAGE 48 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

APN: 4328-009-007, 4328-009-021
/(*$/'(6&5,37,21
9,&,1,7<0$3

SANTA MONICA BLVD
SITE:125 S LINDEN DR

WILSHIRE BLVD

CHARLEVILLE BLVD

LASKY DR

SPLAUDING DR

S LINDEN DR

S MCCARTY DR

S ROXBURY DR DURANT DR ROBBINS DR
ZONING:LOT SIZE:UNITS PROPOSED:FAR PROVIDED:

R421,676.05 SF200 UNITS5.7:1
$))25'$%/(+286,1* =21,1*'$7$
REQUIRED AFFORDABLE UNITS CALCULATION:REQUIRED AFFORDABLE UNITS PER AB2345: 20% OF TOTAL UNITS 200 x 20% = 40 AFFORDABLE UNITS BUILDING AREA PER 2019 CBC SECTION 202:

AREA, BUILDING. THE AREA INCLUDED WITHIN SURROUNDING EXTERIOR WALLS, OR EXTERIOR WALLS AND FIRE WALLS, EXCLUSIVE OF VENT SHAFTS AND COURTS. AREAS OF THE BUILDING NOT PROVIDED WITH SURROUNDING WALLS SHALL BE INCLUDED IN THE BUILDING AREA IF SUCH AREAS ARE INCLUDED WITHIN THE HORIZONTAL PROJECTION OF THE ROOF OR FLOOR ABOVE. %8,/',1*$5($3(5&%&
352-(&7'(6&5,37,21
PROPOSED 16-STORY RESIDENTIAL BUILDING WITH A TOTAL OF 200 UNITS AND 3 LEVELS OF SUBTERRANEAN PARKING PROVIDING A TOTAL OF 124 PARKING STALLS. 6+((7,1'(;
81,7&2817

UNIT COUNT BY TYPE

PERCENTAGE

OF TOTAL

AVERAGE AREA

CENTER LINE OF

UNIT TYPE COUNT WALL
STUDIO 46 23% 5001 BR 93 47% 7542 BR 61 31% 1,050TOTAL 200 2,303 $5($6&+('8/(
*5266)/225$5($

LEVEL TYPE AREA
LEVEL P3 PARKING 16,172 SFLEVEL P2 PARKING 16,172 SFLEVEL P1 PARKING 16,172 SF1ST FLOOR RESIDENTIAL 12,216 SF2ND FLOOR RESIDENTIAL 13,254 SF3RD FLOOR RESIDENTIAL 13,254 SF4TH FLOOR RESIDENTIAL 13,254 SF5TH FLOOR RESIDENTIAL 13,254 SF6TH FLOOR RESIDENTIAL 13,254 SF7TH FLOOR RESIDENTIAL 13,254 SF8TH FLOOR RESIDENTIAL 13,254 SF9TH FLOOR RESIDENTIAL 13,254 SF10TH FLOOR RESIDENTIAL 13,254 SF11TH FLOOR RESIDENTIAL 13,254 SF12TH FLOOR RESIDENTIAL 13,254 SF13TH FLOOR RESIDENTIAL 13,254 SF14TH FLOOR RESIDENTIAL 13,254 SF15TH FLOOR RESIDENTIAL 13,254 SF16TH FLOOR RESIDENTIAL 13,254 SFGRAND TOTAL 259,547 SF A01 PROJECT INFORMATIONA07 SITE PLANA23 ELEVATIONSA24 ELEVATIONSA25 ELEVATIONS ‹&23<5,*+7277,1*(5$5&+,7(&76
9  
 /,1'(1'5,9(

352-(&7,1)250$7,21
3$5.,1*3529,'('

TYPE COUNT
STANDARD 10EVSE 31COMPACT 79
ACCESSIBLE - VAN 1ACCESSIBLE 3
GRAND TOTAL 124
S. LINDEN DRIVE
(E) BUILDING
4 STORIES
PROPOSED 16-STORY RESIDENTIAL BUILDING
WITH 200 UNITS, 3 LEVELS OF SUBTERRANEAN
PARKING PROVIDING 124 PARKING STALLS

PARKING

ENTRANCE

BUILDING

ENTRANCE

LOADING
ZONE
(E) BUILDING
4 STORIES
(E) BUILDING
2 STORIES

EMPTY LOT
(E) PARKING
LOT
(E) BUILDING
2 STORIES
(E) BUILDING
2 STORIES
(E) BUILDING
2 STORIES
5' - 10"
116' - 8"
5' - 0"
7' - 6" 127' - 6" 12' - 0" 18' - 0"
7' - 0" 154' - 7" 8' - 5"
169' - 11"
5' - 10"
37' - 2" 30' - 9" 22' - 10" 30' - 4" 7"
8' - 5"
2' - 11"
11' - 1" 63' - 6"
4' - 0"
36' - 9"
5' - 0"
31' - 5" 7' - 0"
‹&23<5,*+7277,1*(5$5&+,7(&76
9  
 /,1'(1'5,9(

6,7(3/$1
1 ALLEY
ALLEY
1ST FLOOR
+255.93
2ND FLOOR
+269.93
3RD FLOOR
+279.93
4TH FLOOR
+289.93

TO PARAPET
+424.93

ROOF LEVEL
+419.93
5TH FLOOR
+299.93

ROOF STRUCTURES
+436.93
7<3

6TH FLOOR
+309.93
7TH FLOOR
+319.93
8TH FLOOR
+329.93
12TH FLOOR
+369.93
3/ 3/
7<3

7<3

7<3

12' - 0" 5' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 14' - 0" 166' - 10 1/2" 9TH FLOOR
+339.93
10TH FLOOR
+349.93
11TH FLOOR
+359.93
13TH FLOOR
+379.93
14TH FLOOR
+389.93
15TH FLOOR
+399.93
16TH FLOOR
+409.93
7<3


HIGHEST POINT
+258.05
7<3

7<3

7<3

1CLEAR ANONODIZED ALUM. STOREFRONT2 CORRUGATED METAL PANEL 13 CORRUGATED METAL PANEL 24 42" HIGH GLASS GUARDRAIL6 EXTERIOR SMOOTH PLASTER, DARK GRAY7 METAL CANOPY8 METAL FRAME ‹&23<5,*+7277,1*(5$5&+,7(&76

9  
 9/,1'(1 '5,9
(

(/(9$7,2
16 .(<127(6
 
  ($67%8,/',1*(/(9$7,21
1ST FLOOR
+255.93
2ND FLOOR
+269.93
3RD FLOOR
+279.93
4TH FLOOR
+289.93

TO PARAPET
+424.93

ROOF LEVEL
+419.93
5TH FLOOR
+299.93

ROOF STRUCTURES
+436.93
6TH FLOOR
+309.93
7TH FLOOR
+319.93
8TH FLOOR
+329.93
12TH FLOOR
+369.93
3/ 3/
7<3

7<3

14' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 5' - 0" 12' - 0" 166' - 10 1/2" 9TH FLOOR +339.93
10TH FLOOR
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11TH FLOOR
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13TH FLOOR
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14TH FLOOR
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15TH FLOOR
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16TH FLOOR
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HIGHEST POINT
+258.05
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TO PARAPET
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ROOF LEVEL
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5TH FLOOR
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ROOF STRUCTURES
+436.93
6TH FLOOR
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7TH FLOOR
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8TH FLOOR
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12TH FLOOR
+369.93
12' - 0" 5' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 14' - 0" 166' - 10 1/2"
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9TH FLOOR
+339.93
10TH FLOOR
+349.93
11TH FLOOR
+359.93
13TH FLOOR
+379.93
14TH FLOOR
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15TH FLOOR
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16TH FLOOR
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+258.05
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+255.93
2ND FLOOR
+269.93
3RD FLOOR
+279.93
4TH FLOOR
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TO PARAPET
+424.93

ROOF LEVEL
+419.93
5TH FLOOR
+299.93

ROOF STRUCTURES
+436.93
6TH FLOOR
+309.93
7TH FLOOR
+319.93
8TH FLOOR
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12TH FLOOR
+369.93
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9TH FLOOR
+339.93
10TH FLOOR
+349.93
11TH FLOOR
+359.93
13TH FLOOR
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14TH FLOOR
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15TH FLOOR
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16TH FLOOR
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166' - 11" 6

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+258.05
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TENANCY IN COMMON AGREEMENT
This TENANCY IN COMMON AGREEMENT (this “Agreement”) is made as of December ___, 2020 by and between EJT WILSHIRE LINDEN, LLC, a California limited liability company (“Tenant 1”), 1112 INVESTMENT COMPANY, LLC, a California limited liability company (“Tenant 2”), 9300 WILSHIRE, LLC, a Delaware limited liability company (“Tenant 3”), 9300 WILSHIRE FEE, LLC, a Delaware limited liability company (“Tenant 4”), E.D. FLORES, LLC, a California limited liability company (“Tenant 5”), and DROMY 1995 FAMILY TRUST DATED DECEMBER 12, 1995 (“Tenant 6”), collectively, the “Co-Owners” and individually, each a “Co-Owner.”

RECITALS
A. The Co-Owners own, as tenants in common, a fee interest in the real property located at 125-129 S. Linden Dr., Beverly Hills, CA and a hold interest in the real property, with all improvements thereon, located at 9740-9744 Wilshire Blvd., Beverly Hills, CA (collectively, the “Property”).

B. The Co-Owners desire to enter into this Agreement to memorialize certain agreements with respect to the joint ownership of the Property.

C. This Agreement and the activities of the Co-Owners are intended to comply with the provisions of Internal Revenue Service Revenue Procedure 2002-22, 2002-14 I.R.B. 438 (March 19, 2002) and Private Letter Ruling 201622008.

AGREEMENT
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Co-Owners hereby agree as follows:

1. Ownership of the Property. The Co-Owners have intended expressly to create a tenancy in common with regard to the joint ownership of the Property. The Co-Owners shall hold title to the Property as tenants-in-common in the following undivided interests:

Tenant 1 10%
Tenant 2 5%
Tenant 3 10.55%
Tenant 4 43.95%
Tenant 5 2.5%
Tenant 6 28%
The interest of each Co-Owner in the Property is herein referred to as such Co-Owner’s “Ownership Interest,” and the percentage interest of the Property which each Co-Owner owns (as set forth above) is herein referred to as such Co-Owner’s “Ownership Percentage.” Each of the Co-Owners shall be entitled to a portion of the income and cash flow from the Property, and shall bear a portion of the expenses of the Property, in accordance with such Co-Owner’s Ownership Percentage. For the avoidance of doubt, in the event the Property generates any cash available for distribution, whether from operations, refinancing, casualty or condemnation 2 proceeds, sale, or otherwise, each Co-Owner shall receive such cash flow in proportion to its Ownership Percentage.

2. No Partnership. Neither this Agreement nor the tenancy in common constitutes a partnership, joint venture, association or agency relationship and none of the Co-Owners shall have the right to bind any other Co-Owner except as expressly set forth herein. None of the CoOwners shall file a partnership tax return in connection with this Agreement or their ownership of the Property, or otherwise hold themselves out as partners, shareholders or members of a business entity or conduct business under a common name. The Co-Owners shall file an election to be excluded from subchapter K of the Internal Revenue Code of 1986, as amended, in accordance with Treasury Regulations Section 1.761-2(a)(2).

3. Management of the Property.

3.1 Management Generally. The Co-Owners shall jointly manage the Property. Decisions regarding the Property which require unanimous consent of the Co-Owners shall include all major decisions in accordance with guidance set forth by United States Internal Revenue Service Revenue Procedure 2002-22, and shall include, without limitation, the payment of any fees to any Co-Owners or any affiliates thereof, contracts related to the Property exceeding $500,000 in value and not pursuant to a unanimously agreed upon budget, the hiring of any Property Manager (as defined and more particularly set forth in Section 3.2 below), the lease of or re-lease of all or a portion of the Property, or the sale, exchange, financing, refinancing, creation or modification of a blanket lien on the Property or other disposition of the Property in whole or in part. For all other actions, except for those day-to-day decisions set forth in Section 3.2 below, the Co-Owners agree to be bound by the vote of a majority count of the unaffiliated Co-Owners at the time any such decision shall be made, regardless of each CoOwner’s Ownership Percentage at such time (eg, 2 out of 3 Co-Owners as of the date hereof, 3 out of 5 Co-Owners if there shall be 5 unaffiliated Co-Owners at some time in the future, etc).

All leases of the Property shall be bona fide leases for federal tax purposes. Rents paid by a lessee shall reflect the fair market value for the use of the Property and shall not be based on upon a percentage of net income from the property, cash flow, increases in equity or similar arrangements.

3.2 Day-to-Day Management. Day-to-day management of the Property, such as collection of rent, hiring of service contractors on an as-needed basis and payment of expenses, shall be handled by Tenant 3 (the “TiC Manager”), subject to any consent required from the Co-Owners as described in Section 3.1. In the event Leonid Pustilnikov is unable or unwilling to serve as the managing principal of Tenant 3, the Co-Owners agree to be bound by the vote of a majority count of the unaffiliated Co-Owners at the time any such decision shall be made, regardless of each Co-Owner’s Ownership Percentage at such time (eg, 4 out of 6 CoOwners as of the date hereof, 3 out of 5 Co-Owners if there shall be 5 unaffiliated Co-Owners at some time in the future, etc). The Co-Owners may agree, by unanimous consent, to a third party property manager (the “Property Manager”) to manage the Property and provide such property management, construction management, asset management, leasing and debt placement services as may be required for operation of the Property and as shall be set forth in a property management agreement with an initial one (1) year term subject to annual renewal, and which shall set forth the Property Manager’s duties, responsibilities and compensation. Any annual extension of the term of the Management Agreement must be approved by all of the Co- 3 Owners. Property Manager shall be responsible for maintaining a common bank account on behalf of the Co-Owners for the collection and deposit of rents.

4. Sale or Transfer of the Property.
(a) General. Subject to Section 4(b), a Co-Owner may not make or undertake any “Transfer” (as hereinafter defined) made which: (a) violates any provision of this Agreement, (b) violates any loan that encumbers the entire Property or (c) results in more than 35 persons being tenants in common of the Property. For purposes of the foregoing sentence, a husband and wife shall be treated as a single person and all persons who acquire interests from a Co-Owner by inheritance shall be treated as a single person. A “Transfer,” for purposes of this Agreement, shall be deemed to include, but not be limited to: (i) any sale, transfer, assignment, pledge or other disposition of, or creation of a security interest in, all or any portion of a CoOwner’s Ownership Interest, (ii) a consolidation or merger to which a Co-Owner is a party, or (iii) any sale, transfer or assignment of a general partner’s interest or any portion thereof in a CoOwner if such Co-Owner is a general partnership, or any sale, transfer, or assignment of a member’s interest or any portion thereof in a Co-Owner if an such Co-Owner is a limited liability company.
(b) Right of First Offer. If a Co-Owner desires to sell its Ownership Interest to a third party purchaser, such Co-Owner (the “Selling Co-Owner”) shall first allow the other Co-Owners (each, an “Offeror,” and collectively, the “Offerors”) to make an offer to purchase the Selling Co-Owner’s Ownership Interest pursuant to the terms and conditions set forth in this section. A Selling Co-Owner shall provide written notice (the “ROFO Notice”) of its intent to sell its Ownership Interest to each Offeror. The Offerors shall have the right, within fourteen (14) days after receipt of such ROFO Notice, to deliver a written offer to the Selling CoOwner to purchase the Selling Co-Owner’s Ownership Interest. If the Selling Co-Owner does not accept an offer from any of the Offerors within fourteen (14) days after receipt of such each offer, then for the following one hundred twenty (120) days, the Selling Co-Owner shall be free to sell its interest in the Property to a purchaser other than an Offeror, provided that the sale of the Selling Co-Owner’s Ownership Interest to a purchaser (other than an Offeror) is for a price greater than any purchase price offered by an Offeror pursuant to this Section and is in compliance with the terms of any loan encumbering the entire Property. If a sale is not consummated within such one hundred twenty day period, then the rights of the Offerors to notice and first offer as aforesaid will again apply as to any sale occurring subsequent to such period. The rights contained herein shall be subject and subordinate to the terms of any loan documents encumbering the entire Property. For the avoidance of doubt, however, a third party purchaser shall not be deemed to include any Co-Owners, their principals, or any entities under majority common ownership or control with such Co-Owners or principals.

5. Partition. Each Co-Owner agrees that prior to instituting an action for partition that involves an actual physical division of the Property as described in California Code of Civil Procedure Sections 872.810 and 873.210 to 873.290, such Co-Owner will first offer the other Co-Owners the right to purchase its Ownership Interest at fair market value, pursuant to the provisions of Section 4 or Section 6, as applicable. Additionally, any action for partition shall be subject to any restrictions required by a lender and that are consistent with customary commercial lending practices.
4 6. General Provisions regarding the Tenancy in Common.

6.1 Advances Among Co-Owners. No Co-Owner nor the Property Manager may advance funds to another Co-Owner to meet expenses associated with the Property, unless the advance is recourse and is not for a period exceeding one (1) year.

6.2 Proportionate Sharing of Debt. In the event the Co-Owners unanimously agree to obtain indebtedness to be secured by the Property, each Co-Owner shall share in such indebtedness in proportion to their Ownership Percentage.

6.3 No Business Activities. The activities of the Co-Owners in regards to the Property shall be limited to those customarily performed in connection with the maintenance and repair of rental real estate.

6.4 Loan Agreements. The lender of any indebtedness secured by the Property shall not be a related person to any Co-Owner, the Property Manager, any lessee of the Property or any affiliate of the Co-Owner, Property Manager or any lessee of the Property, unless otherwise unanimously agreed to by the Co-Owners in writing.

7. Miscellaneous.

7.1 Entire Agreement; Amendments. This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the Co-Owners with respect to the Property and may be amended only by an agreement in writing signed by the party to be charged.

7.2 Partial Invalidity. If a court or arbitrator of competent jurisdiction holds any portion of this Agreement to be invalid or unenforceable in whole or in part for any reason, the validity and enforceability of the remaining clauses, or portions of them, shall not be affected.

7.3 Successors and Assigns. Subject to the restrictions on transfer contained herein, this Agreement shall bind and benefit the Co-Owners to this Agreement and their legal representatives and successors in interest.

7.4 Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California.

7.5 Attorneys’ Fees. In the event any party to this Agreement brings an action against another to enforce or interpret this Agreement, then the non-prevailing party shall pay the attorney’s fees and costs and expert witness fees and costs of the prevailing party.

7.6 Counterparts. This Agreement may be executed in separate counterparts.

7.7 Legal Counsel; Mutual Drafting. Each party hereto recognizes that this is a legally binding contract, and acknowledges and agrees that he, she or it, as applicable, has read and understands this Agreement, is entering into it freely and voluntarily, and has had ample opportunity to consult with legal counsel of his, her or its choice. Each party has cooperated in the drafting, negotiation and preparation of this Agreement. Hence, in any 5 construction to be made of this Agreement, the same shall not be construed against any party on the basis of that party or its counsel being the drafter of such language. [Remainder of page intentionally blank]
S-1 Signature page to
Tenancy In Common Agreement
IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the day and year first above written.

CO-OWNERS:

TENANT 1:

EJT WILSHIRE LINDEN, LLC,
a California limited liability company
By: ________________________________
Eli Taban, Manager
TENANT 2:
1112 INVESTMENT COMPANY, LLC,
a California limited liability company
By: ________________________________
Ely Dromy, Manager
TENANT 3:
9300 WILSHIRE, LLC,
a Delaware limited liability company
By: ________________________________
Leonid Pustilnikov, Manager
TENANT 4:
9300 WILSHIRE FEE, LLC,
a Delaware limited liability company
By: 505 Investment Company, LLC
Its: Managing Member
By: ________________________________
Ely Dromy, Manager
2 TENANT 5:

E.D. FLORES, LLC,
a California limited liability company
By: ________________________________
Ely Dromy, Manager
TENANT 6:

DROMY 1995 FAMILY TRUST DATED DECEMBER 12, 1995
By: ________________________________
Ely Dromy, Trustee
By: ________________________________
Judy Dromy, Trustee
EXHIBIT 1

DESCRIPTION OF THE PROPERTY
125 - 129 South Linden Fee:

LOTS 38, 39, AND 40 OF TRACT NO. 6648 IN THE CITY OF BEVERLY HILLS, IN THE

COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 71, PAGE 48 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

APN(s): 4328-009-007 and 4328-009-021
4 9740-9744 Wilshire Leasehold:

A leasehold interest in a five (5) story office building located at 9740 and 9744 Wilshire Boulevard in the City of Beverly Hills, County of Los Angeles, State of California, with a legal description for the land thereunder of:

LOTS 35 AND 36 OF TRACT 6648, IN THE CITY OF BEVERLY HILLS, COUNTY

OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON A MAP
RECORDED IN BOOK 71 PAGE 48 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

APN: 4328-009-003
The leasehold interest is more particularly described as:

A leasehold estate as created by that certain unrecorded lease dated August 29, 1957, executed by Security-First National Bank of Los Angeles, as Trustee under the Will of Grace K. Burt, deceased as lessor and 9740 Wilshire Building, a Limited Partnership as lessee, as disclosed by a Lease – Short Form for Recording recorded September 27, 1957 as Instrument No. 1606 in Book 55719, Page 14 of Official Records. Said lease was amended and assigned as follows:
a. that certain unrecorded Amendment to Lease dated May 29, 1959; b. that certain Amendment to Lease dated May 29, 1959 and recorded June 24, 1959 as Document No. 1852;
c. that certain Assignment of Undivided Interest in Lease dated January 3, 1961 and recorded
January 4, 1961 as Document No. 1567;
d. that certain Assignment of Undivided Interest in Lease dated January 3, 1961 and recorded
January 4, 1961 as Document No. 1568;
e. those certain unrecorded Assignment of Lessee's Interest in Lease dated March 2, 1979;
f. those certain unrecorded Assignments of Lessee's Interest in Lease dated March 21, 1980;
g. that certain unrecorded Assignment of Lessee's Interest in Lease dated March 26, 2003;
5 h. that certain unrecorded Assignment of Leasehold Interest dated July 27, 2012; i. that certain Assignment of Lease dated October 25, 2019 and recorded October 28, 2019 as Document No. 20191155144;
j. that certain Assignment of Leasehold Interest dated December 28, 2020 and recorded January ___, 2021 as Document No. ;
City of Beverly Hills 455 N. Rexford Drive Beverly Hills, California 90210 t(310) 285-1141 f(310) 273-0972 BeverlyHills.org David Yelton, Deputy Building Official
Development Services Division
Community Development Department
October 23, 2020
9300 Wilshire, LLC, Beverly Hills
A California Limited Liability Company
Attention: C/O Mr. Leo Pustilnikov
Dromy International Investment Group
9744 Wilshire Boulevard, Suite 203
Beverly Hills, California 90212
Subject: Acceptance of City’s Peer-Reviewer Recommendation For Acceptance: Investigation Of Potential Faulting 125 S. Linden Drive (aka 9744 Wilshire Boulevard) APN: 4328-009-007 and 129 S. Linden Drive, APN: 4328-009- 021, Beverly Hills, California, 90212 Dear 9300 Wilshire, LLC, Beverly Hills:

The “Fault Hazard [Ground Rupture] Investigation” (Investigation) for the 125 and 129 S. Linden Drive properties, in the City of Beverly Hills, California 90212. The investigations were carried out by Geocon West, Inc. (“Geocon”), the Consultants-of-Record, on behalf of the applicant, 9300 Wilshire, LLC, Beverly Hills. The main purpose of the Geocon investigation was to determine if possible splays of the Santa Monica fault zone potentially impact the sites, and if such faults were “active” (defined by the California Geological Survey [CGS] as surface or near-surface displacement within the last 11,700 years). The Geocon investigation has been peer reviewed by the City’s consultant, Roy J. Shlemon, Ph.D., PG 2867; CPG 1766; CPESC 2167, of Roy J. Shlemon & Associates, Inc. (“RSA”).

The peer review included critique of the Site-Specific Fault Rupture Investigation report provided by Geocon, titled “Fault Rupture Hazard Investigation 125 South Linden Drive (aka 9744 Wilshire Boulevard) and 129 South Linden Drive, Beverly Hills, California, 90212 Tract: #6648; Lots: 38, 39 & 40, Assessor ID No. 4328-009-007 & 4328-009-021” (Geocon Project File No. W1121-06-01 dated October 7, 2020 attached).

As the lead agency, the City of Beverly Hills requires appropriate fault-activity investigations and independent technical reviews for conformance with governing local and state building codes, including Department of Conservation California Geological Survey Special Publication 42 titled, “Earthquake Fault Zones A Guide For Government Agenies, Property Owners / Developers, And Geoscience Practitioners For Assessing Fault Rupture Hazards In California,” and with current geologic standards of practice that ensure public health, safety and welfare.

Accordingly, in reliance on the technical documentation and assurances provided by the Consultants-of-Record, including their opinions and conclusions, the City of Beverly Hills now formally accepts the technical “Recommendation For Acceptance” of the Reviewer (attached).

Sincerely,
Attachments: 1) Geocon Project File No. W1121-06-01 dated October 7, 2020 2) Roy J. Shlemon, Ph.D., PG 2867; CPG 1766; CPESC 2167, of Roy J. Shlemon & Associates, Inc., “Recommendation For Acceptance,” October 16, 2020
129 S. Linden Drive – Development Plan Review Application April 7, 2023
ATTACHMENT “A” – PROJECT DESCRIPTION AND FINDINGS
125-129 S. Linden Drive, Beverly Hills CA

PROJECT SITE AND NEIGHBORHOOD CHARACTER
The project site is comprised of two legal lots at 125-129 S. Linden Drive, assigned Assessor Parcel Numbers 4328-009-007 and 4328-009-021. The project site is a rectangular property measuring 21,676.05 square feet with approximately 170 feet of frontage along S. Linden Drive, it’s only public street frontage. The project site adjoins a public alley for approximately 170 feet to the west, a public alley for 127.5 feet to the north, and a private multi-family property for 127.5 feet to the south. The project site currently consists of a publicly-accessible surface parking lot (APN 4328-009-007) and an unimproved vacant lot (APN 4328-009-021). All existing improvements would be removed as part of the project.

To the north, the project site is adjoined by commercial properties that front Wilshire Boulevard. These properties are improved with various multi-story commercial and mixed use buildings.

To the west and south, the properties along Linden Drive are improved with multi-story multi-family residential structures. To the west, the project site is adjacent to a multi-story medical office building.

The project site is also within approximately 550 feet of the intersection of Wilshire Boulevard and Santa Monica Boulevard, both major commercial thoroughfares which connect Beverly Hills to the rest of the Los Angeles region.

PROJECT DESCRIPTION
The project consists of the construction of a new 19-story mixed use, multifamily residential and hotel building, with 165 rental apartment units (including 33 affordable housing units) and ancillary residential spaces, 73 hotel rooms and ancillary hotel spaces, and 126 parking spaces. The project will replace a surface parking lot and a develop a vacant lot. The new 19-story building would contain a gross floor area of 311,197 square feet (per California Building Code) and floor area ratio of 14.3:1. The overall height of all improvements, including the required access elevators and stairwells, is proposed at a height of 213 feet. Parking for the project would be provided within a four level subterranean parking structure, which takes access from the alley to the west. A loading zone would be provided just south of the parking entrance, along the alley to the west. In order to abide by a fault line known to exist on the project site, the project would relegate the building structure to the northern two-thirds of the project site. By providing this fault line setback, the project would provide a large outdoor courtyard space at the southeast corner of the project site which will be programmed as an outdoor amenity space for the project users.

Residential Use and Affordable Housing
The project will include 165 rental units on floors six through 19 of the building, consisting of 13 studios, 59 one-bedrooms, 91 two-bedrooms, and two two-bedroom penthouse units. Of the total units, 33 units will be affordable to Lower Income Households, distributed proportionally among the units as three studios, 12 one-bedrooms, and 18 two-bedrooms. Access to the residential portion of the project will be provided from the ground floor residential lobby and associated elevators at the north end of the building. Open space for the residential units will be provided both as common areas, on the first floor courtyard and on the 18th and 19th floors, as well as in private open space balconies on the sixth through the 19th story.

ATTACHMENT B - DPR APPLICATION
129 S. Linden Drive – Development Plan Review Application April 7, 2023
Hotel Use
The project will include 73 hotel rooms on floors one through five and a hotel restaurant accessory to the hotel use on the second floor. The hotel rooms will be comprised of 64 hotel rooms, averaging 430 square feet each, and 9 hotel suites, averaging 698 square feet each. The hotel use will be accessible through a separate hotel lobby, which takes access directly off of Linden Drive. The hotel portion of the building will be accessible through the central elevator and stair core, with secondary stairs at the north and south ends of the building. The hotel will operate, 24 hours a day, seven days a week.

Parking and Loading
All parking will be located interior to the site, on subterranean levels P1-P4. The project will provide a total of 126 parking spaces which will include 51 spaces equipped or installed with electric vehicle charging capabilities and 4 spaces designed to comply with disabled access requirements. The parking will be accessible via a central core of elevators and stairs, with two access elevators for the residential and two for the hotel use. A separate elevator lobby will provide access to both sets of elevators. A separate stair the southwest corner of the garage levels will provide an alternative means of ingress and egress to each level. In the alley to the west, the building will provide a 425 square foot loading zone, trash area, and other utility spaces. The loading zone will serve the hotel and hotel restaurant portions of the project.

Open Space and Landscaping
The project will provide 18,228 square feet of common and private open space through various levels of the building. On the first floor, the southeast corner of the project site will be developed as a lush courtyard that will be programmed for passive and active use with landscaping and lighting. The courtyard will adjoin an interior space within the building, comprising a total of 8,500 square feet of interior and exterior open space. Private open space balconies will be located on the sixth through 19th floor, at various units. On the 18th and 19th floor, interior and exterior common areas will be provided on opposite ends of the building. The open spaces, comprising 1,845 and 1,342 square feet respectively, will be programmed as amenities for residents.
129 S. Linden Drive – Development Plan Review Application April 7, 2023

DEVELOPMENT PLAN REVIEW FINDINGS
The proposed project will seek approval for a Development Plan Review per Beverly Hills Municipal Code Section 10-3-3100 to allow the construction of a 19-story mixed use building with 165 residential units, including 33 affordable units, a 73-room hotel with a hotel restaurant, and associated parking and open space. In accordance with the Preliminary Application submitted and accepted on October 24, 2022, the project will utilize the Builder’s Remedy. Under the Builder’s Remedy, if a jurisdiction lacks a substantially compliant Housing Element, it cannot use its objective general plan, specific plan or zoning regulations to deny or render infeasible an affordable housing development project (i.e., a housing development project that provides at least 20 percent of the total units to lower income households, as defined in Section 50079.5 of the Health and Safety Code). The project meets the criteria to grant a Development Plan Review as follows:

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

The proposed Project substantially conforms with the purpose and intent of the City’s General Plan. The site has a General Plan Land Use designation of High Density Multi-Family Residential. The subject site is not within any specific plan area.

The Beverly Hills General Plan states the following Goals and Policies:

Land Use Element
LU 7.2 Amenities. Encourage new multi-family development to provide amenities for residents such as on-site recreational facilities, community meeting spaces, and require useable private open space, public open space, or both. (Imp. 2.2)
LU 9.1 Uses for Diverse Customers. Accommodate retail, office, entertainment, dining, hotel, and visitor serving uses that support the needs of local residents, attract customers from the region, and provide a quality experience for national and international tourists. (Imp. 2.1) LU 12.2 Building, Parking Structure, and Site Design. Require that buildings, parking structures, and properties in commercial and office districts be designed to assure compatibility with abutting residential neighborhoods, incorporating such elements as setbacks, transitional building heights and bulk, architectural treatment of all elevations, landscape buffers, enclosure of storage facilities, air conditioning, and other utilities, walls and fences, and non-glare external lighting. (Imp. 2.1, 2.2)
The project will be consistent with the adopted Land Use Element of the general plan as it will include a project that provides amenities for residents and for hotel guests, therefore alleviating the demand on other uses in the area. It will contribute to the blend of office, restaurants, residences, and medical uses in the immediate vicinity and expand the offering of housing and affordable housing in an immensely walkable area of Beverly Hills. The project design has been carefully crafted to maintain transitions from the lower scale residences to the south, while responding to the existing high-rise massing along Wilshire Boulevard. The site will provide ample on-site parking and open space to accommodate both residents and visitors. 129 S. Linden Drive – Development Plan Review Application April 7, 2023
Housing Element (Adopted and Certified for 2021-2029)
H 2 Housing Supply and Diversity. Provide a variety of housing types and adequate affordable housing supply to meet the existing and future needs of the community.

H 2.8 Transit-Oriented Housing. Promote access, where feasible, from residential neighborhoods and new residential development to existing transit stops and to the anticipated subway stations. (Imp. 12.1)
H 2.7 Environmentally Sustainable Housing. Promote conservation of water and energy, use of sustainable building materials and drought resistant landscaping to reduce the operating costs and carbon emissions associated with housing. (Imp. 10.5) H 2.9 Jobs-Housing Balance. Promote programs seeking to provide housing opportunities for people who work in the City as a means of reducing long commutes, easing local traffic, improving air quality and helping to achieve a balanced regional jobs-housing distribution for the western portion of Los Angeles County. (Imp. 10.6)
H 4 Reducing Constraints. Mitigate potential governmental constraints on the maintenance, improvement and development of housing, while maintaining community character.

The project meets the goals of the adopted and certified 2021-2029 Housing Element by providing both housing and jobs in an area that is already developed with multi-family housing and substantial quantities of jobs, transit and businesses. The project provides for more housing opportunities in a variety of sizes, in an area developed primarily with multi-family structures. The project will create a total of 33 new units that will be restricted as affordable to Lower Income Households, with a variety of studio, one- and two-bedrooms types that can accommodate difference family and household sizes. The project will meet all local, state, and federal sustainability targets applicable to new construction and will provide a high quality housing asset on a site that currently only provides parking. The project will be consistent with the General Plan and the relevant portions of the Land Use and Housing Elements.

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

For those proposed plans to be located in the C-5 Zone that are reviewed by the Planning Commission, the commission shall consider the factors set forth in section 10-3-2021 of this chapter as part of the commission's determination regarding whether a project will promote harmonious development of the area.

The project site is not located in the C-5 zone.

The project will not adversely effect existing and anticipated development in the vicinity as it will develop an under-utilized site that is currently developed as surface parking and is partially vacant. The project will not remove any existing housing uses, but will provide 165 new multifamily units of various bedroom types and sizes and 33 new affordable units where there are currently no residential uses. The project will provide ample on-site parking within a four level subterranean garage and adequate loading space in the adjacent alley, which will relegate 129 S. Linden Drive – Development Plan Review Application April 7, 2023
vehicular activity away from Linden Drive and other properties along the street. The project will provide an appropriate transition between the commercial activity of Wilshire Boulevard and Santa Monica Boulevard to the north and west, and the lower density residential uses to the east and south.

The project will promote harmonious development of the area by creating a new hybrid mixed use residential and hotel building that provides a transitional blend of uses, while further the provision of affordable housing in the City. The hotel with an associated restaurant will be a use that is compatible with those uses in the vicinity, which include commercial office, other hotels and restaurants, and medical office uses. The development will take access off of an existing alley and will not generate major alterations to public infrastructure that would impact other developments or existing buildings. Therefore, the project will not adversely affect existing and anticipated development in the vicinity and will promote harmonious development of the area.

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

The project proposes a 19-story structure on a 21,676.05 square foot site, adjacent to a Wilshire Boulevard, a commercial thoroughfare that is currently developed with several highrise buildings including hotels and office buildings. The project responds to the surrounding context by concentrating the mass to the north, towards Wilshire Boulevard, while providing an ample setback from the south and east corners of the property. This transitional setback creates a respectful separation from the lower scale residential uses to the south and east of the project. The setback will allow for the residential properties in the vicinity to maintain the existing enjoyment and use of those properties that currently exist.

The operation of the building as a multifamily and hotel project with an accessory restaurant will be wholly enclosed within the project site. An operation plan for the hotel and restaurant will be developed so as to prevent any interference with nearby residences. By virtue of having a blend of uses in the same building, the hotel operations will be maintained to be compatible with both the on-site and off-site residents in the surrounding area. All off-street parking will be enclose within the four level underground garage and all loading and trash operations will take place in the alley, away from the residences on Linden Drive. Therefore, the nature, configuration, location, density, height and manner of operation of any commercial development proposed by the plan will not significantly and adversely interfere with the use and enjoyment of residential properties in the vicinity of the subject property.

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

The proposed plan centralizes pedestrian access at the northeast corner of the project site, with a designated hotel lobby and designated residential lobby. The project will include the closure of one large driveway along Linden Drive, which will be replaced with new sidewalk, curb, and gutter, therefore ensuring continuous pedestrian access along Linden Drive.

Pedestrian accessibility and connectivity will be improved by the project, while vehicular access will be redirected towards the rear alley. As the project does not propose to create any new curb cuts or driveways, it will improve circulation and safety along Linden Drive and will not create any significantly adverse traffic impacts, traffic safety hazards, pedestrian-vehicle 129 S. Linden Drive – Development Plan Review Application April 7, 2023
conflicts, or pedestrian safety hazards.

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

The project is not expected to be detrimental to the public health, safety of general welfare. The project will provide 33 new affordable housing units, will generate jobs and economic productivity through the establishment of a new hotel, and will provide a new landscaped courtyard along Linden Drive where only a surface parking lot currently exists. The project is compatible with the surrounding commercial uses along Wilshire Boulevard and Santa Monica Boulevard, which are generally high intensity office, hotel, and restaurant uses, and also provides a setback transitional from the lower scale multifamily residential uses to the south and east. The project construction and operations will comply with all applicable local, state, and federal regulations intended to protect the public health, safety, and general welfare, and therefore it will not be detrimental.

City of Beverly Hills
Community Development Department
Planning Division
455 N. Rexford Drive
Beverly Hills, CA 90210
Tel. (310) 285-1141
Fax. (310) 858-5966
Development Plan Review
Planning Review Application
Planning Form: P-09
Version: March 2023

Page 1 of 13 ends

Application Overview:

Before submitting a request for a Development Plan Review (DPR), the Applicant should thoroughly review this application, as well as the Beverly Hills Municipal Code (BHMC), available online at www.beverlyhills.org/zoning. The Applicant should also consult with City staff that will be involved in reviewing and processing the application, primarily in the Community Development Department. Electronic copies of all Planning Review Applications are available on the City’s Planning Division webpage at www.beverlyhills.org/planningapplications.

Applications will not be accepted if they are not fully complete at the time of submittal.

Application Table of Contents:

There are five (5) parts to this application. Each section must be completed in its entirety, and all requirements must be met in order for this application to be accepted for filing.  Section 1 – Property Information & Project Description  Section 2 – Owner Authorization & Applicant Team Contact Information  Section 3 – Supplemental Questions
 Section 4 – Public Notice Requirements
 Section 5 – Submittal Requirements & Checklist
Filing Fee:

See current Planning Department Fee Schedule here:
www.beverlyhills.org/planningapplications or call Community Development at (310)-285-1141.

Staff Contact Information:

If you have questions about this application, please call (310)-285-1141 and ask to be directed to Current Planning, or visit the following website for staff contact information:
www.beverlyhills.org/contactplanning.

City of Beverly Hills – Development Plan Review Application Planning Form: P-09
Version: March 2023 Page 2 of 13
Section 1 – Property Information & Project Description
A. Property Information
Project Address: _____________________________________________________________ Legal Description of Property: 1 _________________________________________________ ___________________________________________________________________________ Adjacent Streets: ____________________________________________________________ Lot Area: (square feet) Assessor Parcel Number(s): _____________________ Existing Use: ________________________________________________________________ Existing Height: ________Existing Floor Area: (square feet) Existing FAR: _________ Existing Setbacks from Property Lines:

Front: ______________ Side(s): ______________, ______________ Rear: ______________ B. Project Information:

Proposed Use:

Proposed Height: Proposed Floor Area: (square feet) Proposed FAR: ________ Proposed Demolition: Yes No If yes, describe:

Proposed Setbacks from Property Lines:

Front: ______________ Side(s): ______________, ______________ Rear: ______________ C. Identify the site’s zoning designation (City Zoning Map: http:/gis.beverlyhills.org/):
________________
D. Describe the existing conditions of the subject site (i.e. existing structures, landscaping, and present use):

E. Were any existing structures on the property designed by a Master Architect or are any identified on any historic resource inventory, including the City of Beverly Hills Historic Resource Inventory? (see list of Local Master Architects here:
www.beverlyhills.org/historicpreservation )
Yes No If yes, please list the architect(s):________________________________ Please contact the Historic Preservation Group at (310)-285-1141 for more information.

Have you spoken with the Historic Preservation staff? Yes No

1 Legal Description Requirements:

The legal description must include the lot, block, and tract name/number of all contiguously owned parcels (even if the parcels are not a part of the proposed project), and should be based on a Title Report, Grant Deed, or survey from a licensed engineer.
125-129 S. Linden Drive
Surface Parking Lot / Vacant Lot
N/A
0 ft / N/A 0 sf /N/A 0 / N/A

N/A N/A
191'-11"
21,676.05
Mixed Use building including 165 dwelling units and a 73-room hotel, with associated parking and open space Demolition of existing parking lot
Linden Drive / Wilshire Boulevard / Spaulding Drive / Charleville Blvd LOTS 38, 39, AND 40 OF TRACT NO.6648, IN THE CITY OF

BEVERLY HILLS, IN COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 71, PAGE 48 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 311,197 14.3:1
R4
The property at 125 Linden Dr is currently improved as a surface parking lot; The property at 129 Linden Dr is a vacant, unimproved lot. 4328-009-007, 4328-009-021
7" (North) 7' (South) 11' 5'-10"
City of Beverly Hills – Development Plan Review Application Planning Form: P-09
Version: March 2023 Page 3 of 13
Section 2 – Owner Authorization & Applicant Team Contact Information A. Property Owner Information:
2 Name(s):

Address:

City: State & Zip Code:

Phone:

E-Mail
2 Ownership Information Requirements:

In order to verify that the property owner has given consent to file this application, the following documentation must be submitted at the time of filing.
 Grant Deed – This is required if the Los Angeles County Assessor’s Records do not match the current ownership as listed on the application. The deed information should match the property owner as listed above.
 Letter of Authorization – This is required if the property owner does not sign the application. The property owner may instead provide a signed and dated letter in lieu of their original signature on this form, which must authorize the signatory of this application. Please see Letter of Authorization Example attached to this application.
 Ownership Entity Documentation – This is required if the property is owned by an entity rather than an individual. Please provide the applicable required documentation for the type of ownership entity, as shown in the table below.

Ownership Documentation Requirements
Type of Property
Owner Required Ownership Documentation Documents that May be Required(If Applicable) Individual N/A Grant Deed, Letter of Authorization
Limited Liability
Company (LLC)
Operating Agreement or Articles of
Organization Grant Deed, Letter of Authorization
Corporation Articles of Incorporation, Bylaws,
and/or Meeting Minutes Grant Deed, Letter of Authorization Limited Partnership
(LP) Partnership Agreement Grant Deed, Letter of Authorization Trust Trust Instrument Grant Deed, Letter of Authorization **The property is co-owned by five tenants in a Tenancy In Common (TiC) structure. The tenants are EJT WILSHIRE LINDEN, LLC, a California limited liability company (“Tenant 1”), 1112 INVESTMENT COMPANY, LLC, a California limited liability company (“Tenant 2”), 9300 WILSHIRE, LLC, a Delaware limited liability company (“Tenant 3”), 9300 WILSHIRE FEE, LLC, a Delaware limited liability company (“Tenant 4”), E.D. FLORES, LLC, a California limitedliability company (“Tenant 5”), and DROMY 1995 FAMILY TRUST DATED DECEMBER 12, 1995.

The TiC Agreement included with this application includes authority for 9300 WILSHIRE, LLC to sign on behalf of the co-owners as the "TiC Manager." The TiC Agreement identifies Leonid (Leo) Pustilnikov as the managing principal of 9300 WILSHIRE, LLC with the authority to sign on behalf of the co-owners of the property.
9744 Wilshire Blvd, STE 203
Beverly Hills CA 90212
210-208-4100
[email protected]
9300 Wilshire LLC** (Manager: Leo Pustilnikov)
City of Beverly Hills – Development Plan Review Application Planning Form: P-09
Version: March 2023 Page 4 of 13
Property Owner Signature:

Choice of Law. This document shall be deemed to have been made in the State of California and shall be construed, and the rights and liabilities of the parties determined, in accordance with the laws of the State of California.

I hereby certify under penalty of perjury under the laws of the State of California that I am the owner(s) of the subject property, or have been authorized to sign on behalf of the property owner, and consent to the filing of this application on the above-referenced property.

Executed on this ____________ (Day) of __________________________ (Month) of 20_______ (Year) in ___________________________ (City), _______________ (State).

Dated:_______________________ BY: _____________________________________ (Signature)
________________________________ BY: _____________________________________ (Title, Company) (Printed Name)
Additional Owner Signature (if applicable):

Dated:_______________________ BY: _____________________________________ (Signature)
________________________________ BY: _____________________________________ (Title, Company) (Printed Name)
Please indicate the role of the signatory(ies) above:

Owner Applicant Agent/Representative Architect
If the owner did not sign above, is a Letter of Authorization provided*? Yes No
*Please note that a Letter of Authorization is required when the property owner does not sign this application, but instead has another individual sign on their behalf. See Letter of Authorization Example at the end of this application for reference. Please also note that if this application will be heard by the Planning Commission or City Council, the property owner will be required to record a Covenant & Agreement to accept the conditions of approval, if applicable. 23 CA
3 April
Manager, 9300 Wilshire LLC Leonid (Leo) Pustilnikov
Per TIC Agreement, Leo Pustilnikov may sign on behalf of all owners. 4/3/23
City of Beverly Hills – Development Plan Review Application Planning Form: P-09
Version: March 2023 Page 5 of 13
B. Applicant Information [Individual(s) or entity benefitting from the entitlement] (Only provide if different from Property Owner)
Name(s):

Address:

City: State & Zip Code:

Phone:

E-Mail
C. Representative Information [Individual acting on behalf of the Applicant] Name(s):

Company/Firm:

Address:

City: State & Zip Code:

Phone:

E-Mail
D. Architect/Design Team Information [If applicable]
Name(s): Registered Architect? Yes No
Company/Firm:

Address:

City: State & Zip Code:

Phone:

E-Mail
E. Please indicate who will be the main point of contact for the project:

Owner Applicant Representative Architect
9300 Wilshire LLC (c/o Manager: Leo Pustilnikov)
9744 Wilshire Blvd, Suite 203
Beverly Hills
210-208-4100
[email protected]
Dave Rand
Rand Paster & Nelson LLP
633 W Fifth Street, 64th Fl
Los Angeles
213-557-7222
[email protected]
CA 90212
CA 90071
Jesse Ottinger
Ottinger Architects
1117 Venice Blvd
Los Angeles CA, 90015
323.250.2820
City of Beverly Hills – Development Plan Review Application Planning Form: P-09
Version: March 2023 Page 6 of 13
Section 3 –Supplemental Questions
Have you completed Concept Review for this project? Yes No If yes, please attach a copy of the concept review letter to this application.

Please indicate the reason for the Development Plan Review, pursuant to BHMC §10-3-3100*:

A: All uses involving new construction that requires the issuance of a building permit other than new construction subject to a discretionary permit under this chapter (excluding Architectural Review) or any other interim zoning ordinance of the City
B: All rooftop uses permitted pursuant to BHMC §10-3-3107 C: All projects constructed pursuant to a Density Bonus Permit D: All new parking lots
(A new parking lot shall mean a parking lot established in a location not previously used for parking purposes)
E: Conversion of parking to a commercial parking lot
(Parking shall be considered to be converted to a commercial parking lot upon the initial posting of signs advertising the availability of such parking to the general public. Nothing in this subsection shall require development plan review of an existing parking lot that currently contains signage advertising the availability of parking to the general public. Signage indicating the availability of parking for patrons or employees of a commercial establishment shall not be considered to be signage advertising the availability of parking to the general public) F: All common interest development projects, as defined in BHMC Title 10, Chapter 2, Article 7 G: All projects which would increase the floor area of a structure or building by two thousand, five hundred (2,500) square feet or more
H: All projects which would increase the height of a structure or building, unless the addition is specified in this chapter as an element not considered when determining building height *Please note that certain types of projects are exempted from this type of review, pursuant to BHMC §10- 3-3101. See the reference BHMC section for more details.

Please also indicate below if any additional planning entitlements are required in connection with the proposed project.

Are there any outstanding Code Enforcement citations on the property? Yes No If yes, please attach copies.

Are there any recorded easements or encumbrances on the property? Yes No If yes, please attach copies. Show easements on survey plan.

Project Description: Explain the overall scope of the project, including other project elements that are not part of the Development Plan Review Request.

See attached Attachment "A"
City of Beverly Hills – Development Plan Review Application Planning Form: P-09
Version: March 2023 Page 7 of 13
Section 4 – Public Notice Requirements
The public notice requirements for all planning applications are located in the Beverly Hills Municipal Code (§10-3-2.5). In addition, the public notification requirements for an application submittal are explained in detail on www.beverlyhills.org/publicnotice.

Please note that your application will not be accepted for submittal unless certain public notification requirements are met.

Please contact the Planning Division with any questions regarding these requirements and the required materials for an application submittal.
 Planning Division: (310) 285-1141; [email protected] Section 5 – Submittal Requirements & Checklist
Architectural Plans Required:
 A total of three (3) sets of architectural plans are required for initial submittal: two (2) sets at 11”x 17” size, and two (2) sets at either 12”x 18” or 18”x 24” size*. *Please note that full-size plan sets (24”x 36”) may be requested by the Planner for initial submittal. o All plan sets must be stapled, drawn to scale, and legible. o All plan sheets must include an architect title block, a graphic scale, the owner’s or authorized agent’s name, address, and telephone number, the project address, and a North Arrow.
o The following plans in the checklist must be included in the architectural plan set.

Inconsistency between drawings, renderings, materials, etc., will be considered an incomplete submittal. Only complete applications will be accepted for filing.

NOTE: You will be required to submit additional plans (total of 10 sets) once the application is ready for review by the decision-making body (Commission-level projects only). All plans must be printed to scale and be legible. If the proposed project requires multiple applications for separate requests, then the submittal requirements of this application may be combined, at the discretion of the Planner. If submitting a site plan and massing model for public distribution purposes per SB 1214, please indicate that on relevant drawings.
† Items marked below with this symbol may not be required for every project, at staff’s discretion. Please consult with City staff whether or not such requirement may be waived for application submittal. In order to request a waiver from any of the requirements listed below, please submit a written request specifying the requirement and the reason it is not applicable to the proposed project.

Staff Verification
ELECTRONIC DOCUMENTS:
 Electronic files (pdf) of this completed application and all of the required submittal items outlined in this application shall be provided on a CD or a USB flash drive at the time the application is filed.

City of Beverly Hills – Development Plan Review Application Planning Form: P-09
Version: March 2023 Page 8 of 13
TITLE PAGE:
 Date (note: this should be updated for each resubmittal)  Project Address
 Legal Description
 Scope of Work
 List of Requested Entitlements
 Ownership Information
 Applicant Contact Information
 Architect Contact Information
 Agent/Representative Contact Information (if applicable)  Zoning Conformance Table with Required/Allowed/Existing vs. Proposed Development Standards
SURVEY:
 An ALTA Survey is recommended.
 Must be stamped and signed by a licensed surveyor or licensed civil engineer.  Show all existing easements or other encumbrances, whether private or public, based on a review of a recent Title Report.
 Note: If any improvements are proposed over an easement or other encumbrance, it is the responsibility of the Applicant to obtain the necessary approvals and/or modifications to said easement or encumbrance in order to allow improvements in such areas.  Show survey/boundary markers.
 Show property lines, adjacent public right-of-way, and curb cuts.  Show utility infrastructure, including the adjacent public right-of-way.  Include Legal Description.
 Show all existing fences/walls/gates. Include height dimension.  Show all existing structures.
 Show existing paved area.
 Show existing trees.

SITE PLAN:
 Show entire parcel (indicate square footage of property) and label all property lines.
 Label & dimension all existing and proposed structures, including perimeter walls/fences/hedges.
 Show all code-required and proposed setbacks. For additions, include the existing setbacks.
 Indicate location, size, and species of existing trees and vegetation (indicate which are to be removed).
 Indicate location of streets and sidewalks.
 Show location of any public or private easements, curb cuts, and any obstructions in the public right-of-way.
 Show anticipated dedications and/or improvements to the public right-ofway.  Show the location of any ground-mounted mechanical equipment and required screening.

City of Beverly Hills – Development Plan Review Application Planning Form: P-09
Version: March 2023 Page 9 of 13
 Show the location of any loading spaces if not located within the building envelope.
 Provide a turning radius template for automobile access to and from the parking areas, driveway access, etc. from the City’s public right-of-way.

FLOOR PLANS:
 Show fully dimensioned existing and proposed floor and roof plans.  Show fully dimensioned existing and proposed floor plans and label each room. Clearly label the proposed bedrooms or rooms that can reasonably be used as a bedroom (note: a room can be considered a bedroom even if it does not have a bathroom and/or closet).
 Show the location of all parking spaces.
 Include a floor area blocking study to demonstrate floor area calculations. The blocking study should be comprised of measurable blocks and clearly delineate between exempt and non-exempt areas. Please refer to BHMC §10- 3-100 for areas that are exempt from floor area calculations (provided in the definition of floor area).
 Provide measurements for the depth of recessed windows and doors.  Provide a window and door key which corresponds with the window and door schedule.
 Show the location of an on-site loading spaces.

ROOF PLAN:
 Identify elevation points along roof pitches and slopes of pitches.  Show the location of any roof-mounted mechanical equipment and required screening.
 Show existing and proposed gutters and downspouts.
 If requesting rooftop uses, please provide the relevant area calculations as indicated in BHMC §10-3-3107, which depend upon the type of rooftop use proposed.

LANDSCAPE PLAN/ELEVATION (may be subject to compliance with Beverly Hills Water Efficiency standards):
 Indicate type, size, quantity, and location of existing and new plants. (Recommended Species List: www.beverlyhills.org/recommendedtrees).  Provide pictures of the plant species proposed.
 Label the location(s) of any proposed paving/hardscape treatment and provide the area calculations of the paving/hardscape within the required front yard area (multi-family residential projects only).  Provide a landscape lighting plan. If there is no lighting proposed, please indicate this on the plans and application.
 Provide cut sheets of any proposed landscape lighting fixtures.  Provide an elevation that includes the proposed landscaping, to scale, at the time of planting.

City of Beverly Hills – Development Plan Review Application Planning Form: P-09
Version: March 2023 Page 10 of 13
ELEVATIONS/RENDERINGS/SECTIONS:
 Provide existing and proposed elevations from all directions (north, south, east, and west).
 Label existing portions of structures to remain and the proposed additions (when applicable). Show all sides of the structure.
 Indicate the height of all existing and proposed structures. Indicate how height is measured. Include datum points.
 Provide details of architectural features (callouts, cut sheets, photos).  Provide dimensions of windows and doors in a window/door schedule.  Show the location of exterior light fixtures to scale.  Provide color renderings as viewed from adjacent public streets and alleys.

Note that the rendering must accurately represent the project and must be consistent with the elevations and environs.
 Provide two north-south building sections and two east-west building sections. Show all property lines, code-required setbacks, and proposed setbacks on each section.

DEMOLITION PLAN AND CALCULATIONS † (not required for new buildings):
• Provide dollar valuation of proposed improvements (labor and materials). • Estimated replacement cost of existing building as determined on a square foot basis per determination from the City’s Development Services Program. • The Development Services Program will have final reviewing authority on whether the existing building is permitted to retain legally nonconforming conditions (i.e., the demolition is less than 50% of the replacement cost of the building) or if it must comply with all applicable zoning and building codes (i.e., the demolition equals or exceeds 50% of the replacement cost of the building).

HISTORIC PRESERVATION:
 Consultation with the City’s Urban Designer is required prior to project submittal in order to determine if the property/structure is considered to be a local/state/federal historic landmark, a property/structure that involved the work of a local master architect, or any property/structure identified on any of the City’s historic resources surveys.
 Historic Assessment Report (required only if the project involves the demolition of or modification to a local/state/federal historic landmark, a property/structure that involved the work of a local master architect, or any property/structure identified on any of the City’s historic resources surveys)  If the Urban Designer has determined that the property/structure is not considered a historic resource, documentation must be provided at the time of project submittal indicating that determination. Such determination must be current within six months.

ENVIRONMENTAL DOCUMENTATION:
 Please consult with Planning staff to determine the environmental review required for submittal.
 Categorical exemption forms can be found here:
www.beverlyhills.org/planningapplications.

City of Beverly Hills – Development Plan Review Application Planning Form: P-09
Version: March 2023 Page 11 of 13
ADJACENT PROPERTIES:
 Show structures on neighboring properties on the plot plan or on a separate plan and show distances to proposal.
 Include cross-sections through the site and adjacent properties to show the relationship of the proposal to the adjacent properties’ structures. Indicate heights and distances.

SHADE AND SHADOW STUDY: †
 Diagram the shadows from the proposed structure during the winter and summer equinoxes, from 6 AM to 9 PM at three-hour intervals.

LOADING STUDY: † (required only if requesting a modification from the loading requirements pursuant to BHMC §10-3-2741)
 Provide a study to indicate that the type/site/location of the proposed loading space area is sufficient to meet the needs of the building and operation.

PARKING STUDY AND PARKING ACCESSIBILITY DIAGRAMS: †
 Required only if requesting modifications to parking standards as permitted in the City’s Minimum Parking Standards document.
 Provide written description of the specific modifications/deviations requested.
 Provide a turning radius template that shows how a vehicle would access any modified parking stalls and/or would maneuver a modified drive aisle.  Provide a turning radius template for any access point into a parking area or drive aisle from the City’s public right-of-way.

ROOFTOP OPERATIONS PLAN: †
 Provide the following information for all enclosed and unenclosed rooftop areas proposed pursuant to §10-3-3107:
 Indicate the types of uses proposed for all enclosed and unenclosed rooftop areas.
 Indicate the proposed hours of operation of all enclosed and unenclosed rooftop areas.
 Indicate the type, frequency (yearly, monthly, daily, etc.) of rooftop events, appointments, etc.
 Indicate maximum occupancy anticipated for each type of event.

ABRORIST REPORT: † (required only if requesting to move, replant, replace, etc. a tree located within the City’s public right-of-way)
 Provide an arborist report prepared by an individual that is certified as an arborist by the International Society of Arboriculture (ISA) or an individual who is currently listed as a consulting arborist by the American Society of Consulting Arborists (ASCA). At minimum, the report shall include:
 A complete inventory of the tree(s) within the City’s public right-ofway with information on the tree size and tree species. Tree size shall be provided in a circumference measurement that is measured at a height of 4’-6” above natural grade.
 A site plan showing the location of all trees within the front yard area (the trees shall be keyed to the tree inventory).
 Clear photographs of all trees.
 The health of all trees within the front yard area.

City of Beverly Hills – Development Plan Review Application Planning Form: P-09
Version: March 2023 Page 12 of 13
 For trees that are proposed to be removed, a reason shall be provided for its removal.
 Valuation of the tree(s) proposed to be removed.
 For trees that are proposed to be retained, a description of the tree protection methods and the trees tolerance to construction impacts based on its species and health.
 A proposed tree replacement plan, if new trees are proposed to replace those that are removed. Such replacement plan shall include the species, box size, photograph, growth rate, and maximum growth height.
 Please note that the City Arborist will have final reviewing authority on the moving, replanting, replacement, etc. of any tree located within the City’s public right-of-way. Applicants are encouraged to confer with the City Arborist prior to developing comprehensive architectural plans.

TENANT INFORMATION REVIEW: †
 Consultation with the City’s Rent Stabilization Division to discuss the proposed project and determine if it must comply with any applicable rental or tenant protection regulations. The following information will be required for this review:
 Income levels of tenants
 Provide a clearance letter or email from the Rent Stabilization Division noting the result of this consultation meeting.

REQUIRED STUDIES/REPORTS: †
 VMT Analysis and/or Local Traffic Assessment, unless project is screened out per the City’s thresholds memorialized in Planning Commission Resolution No. 1901
 Construction Management Plan (required only if project requires the preparation of an environmental report)
 Noise Study (required only if request involves rooftop uses or an environmental report is required per CEQA)
 Please note that if any type of environmental report is required for the project, a noise study will be prepared by the City’s environmental consultant. The applicant is responsible for all fees associated with such report.
 Grading Calculations
REQUIRED FINDINGS: †
 Provide justification in response to the required findings for this entitlement request.

City of Beverly Hills – Development Plan Review Application Planning Form: P-09
Version: March 2023 Page 13 of 13
Letter of Authorization Example
[OWNERSHIP ENTITY LETTERHEAD]
[ADDRESS]
Date: ____________________
City of Beverly Hills
Community Development Department
Planning Division
455 N. Rexford Drive
Beverly Hills, CA 90210
To Planning Division Staff:

This letter is to verify that _________________________________________ (Name of Agent/Representative), ________________________ , __________________________ (Company),(Title) is hereby authorized to sign and complete Planning Review Applications as required by the City of Beverly Hills Community Development Department, on behalf of the Owner, ______________________________ (Name of Owner), _____________________ , ________________________ (Company),(Title) of the real property located at _____________________________________________________________________ ________________________________________________(Address), which is legally described as _____________________________________________________________________________________ __________________________________________________________________ (Tract, Lot(s), Block(s)).

By signing this form, I hereby declare (choose one):

I am the owner of record of the aforementioned real property.

I have been empowered to sign on behalf of the ownership entity, ___________________________ (Entity Name), as the ________________________ (Title), as evidenced by the attached documents (attach applicable required ownership documentation as shown in the table on page 5 of this application).

By my signature below, I declare under penalty of perjury under the laws of the State of California that the foregoing statements are true and correct.

Signature: _______________________________ Print Name: __________________________________ Title, Entity: _____________________________________ , ____________________________________ OR
Not Applicable - See TiC Agreement Attached
1 Olivia Joncich
From: Cindy Gordon <[email protected]>
Sent: Monday, October 24, 2022 10:11 AM
To: [email protected]; Olivia Joncich
Subject: 125-129 S. Linden Drive - Project Update
Hello,
This email is to confirm that the City is in receipt of the Preliminary Housing Application for 125-129 S. Linden Drive. The application fee was paid after hours (i.e., after 5:00 PM) on Friday, October 21. Therefore, the submittal date is considered to be today, October 24, 2022 (the next available business day).

The application has been assigned to Edgar Arroyo (Senior Planner) and he can be reached directly at [email protected] or 310-285-1138 should you have any further questions on the application review/processing. Based on today's submittal date, the City will provide any responses no later than Wednesday, November 23, 2022.

Thank you.

CINDY GORDON, AICP
Principal Planner | City of Beverly Hills | 310.285.1191 The City keeps a copy of all E‐mails sent and received for a minimum of 2 years. All retained E‐mails will be treated as a Public Record per the California Public Records Act, and may be subject to disclosure pursuant to the terms, and subject to the exemptions, of that Act.

TENANCY IN COMMON AGREEMENT
This TENANCY IN COMMON AGREEMENT (this “Agreement”) is made as of December ___, 2020 by and between EJT WILSHIRE LINDEN, LLC, a California limited liability company (“Tenant 1”), 1112 INVESTMENT COMPANY, LLC, a California limited liability company (“Tenant 2”), 9300 WILSHIRE, LLC, a Delaware limited liability company (“Tenant 3”), 9300 WILSHIRE FEE, LLC, a Delaware limited liability company (“Tenant 4”), E.D. FLORES, LLC, a California limited liability company (“Tenant 5”), and DROMY 1995 FAMILY TRUST DATED DECEMBER 12, 1995 (“Tenant 6”), collectively, the “Co-Owners” and individually, each a “Co-Owner.”

RECITALS
A. The Co-Owners own, as tenants in common, a fee interest in the real property located at 125-129 S. Linden Dr., Beverly Hills, CA and a hold interest in the real property, with all improvements thereon, located at 9740-9744 Wilshire Blvd., Beverly Hills, CA (collectively, the “Property”).

B. The Co-Owners desire to enter into this Agreement to memorialize certain agreements with respect to the joint ownership of the Property.

C. This Agreement and the activities of the Co-Owners are intended to comply with the provisions of Internal Revenue Service Revenue Procedure 2002-22, 2002-14 I.R.B. 438 (March 19, 2002) and Private Letter Ruling 201622008.

AGREEMENT
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Co-Owners hereby agree as follows:

1. Ownership of the Property. The Co-Owners have intended expressly to create a tenancy in common with regard to the joint ownership of the Property. The Co-Owners shall hold title to the Property as tenants-in-common in the following undivided interests:

Tenant 1 10%
Tenant 2 5%
Tenant 3 10.55%
Tenant 4 43.95%
Tenant 5 2.5%
Tenant 6 28%
The interest of each Co-Owner in the Property is herein referred to as such Co-Owner’s “Ownership Interest,” and the percentage interest of the Property which each Co-Owner owns (as set forth above) is herein referred to as such Co-Owner’s “Ownership Percentage.” Each of the Co-Owners shall be entitled to a portion of the income and cash flow from the Property, and shall bear a portion of the expenses of the Property, in accordance with such Co-Owner’s Ownership Percentage. For the avoidance of doubt, in the event the Property generates any cash available for distribution, whether from operations, refinancing, casualty or condemnation 2 proceeds, sale, or otherwise, each Co-Owner shall receive such cash flow in proportion to its Ownership Percentage.

2. No Partnership. Neither this Agreement nor the tenancy in common constitutes a partnership, joint venture, association or agency relationship and none of the Co-Owners shall have the right to bind any other Co-Owner except as expressly set forth herein. None of the CoOwners shall file a partnership tax return in connection with this Agreement or their ownership of the Property, or otherwise hold themselves out as partners, shareholders or members of a business entity or conduct business under a common name. The Co-Owners shall file an election to be excluded from subchapter K of the Internal Revenue Code of 1986, as amended, in accordance with Treasury Regulations Section 1.761-2(a)(2).

3. Management of the Property.

3.1 Management Generally. The Co-Owners shall jointly manage the Property. Decisions regarding the Property which require unanimous consent of the Co-Owners shall include all major decisions in accordance with guidance set forth by United States Internal Revenue Service Revenue Procedure 2002-22, and shall include, without limitation, the payment of any fees to any Co-Owners or any affiliates thereof, contracts related to the Property exceeding $500,000 in value and not pursuant to a unanimously agreed upon budget, the hiring of any Property Manager (as defined and more particularly set forth in Section 3.2 below), the lease of or re-lease of all or a portion of the Property, or the sale, exchange, financing, refinancing, creation or modification of a blanket lien on the Property or other disposition of the Property in whole or in part. For all other actions, except for those day-to-day decisions set forth in Section 3.2 below, the Co-Owners agree to be bound by the vote of a majority count of the unaffiliated Co-Owners at the time any such decision shall be made, regardless of each CoOwner’s Ownership Percentage at such time (eg, 2 out of 3 Co-Owners as of the date hereof, 3 out of 5 Co-Owners if there shall be 5 unaffiliated Co-Owners at some time in the future, etc).

All leases of the Property shall be bona fide leases for federal tax purposes. Rents paid by a lessee shall reflect the fair market value for the use of the Property and shall not be based on upon a percentage of net income from the property, cash flow, increases in equity or similar arrangements.

3.2 Day-to-Day Management. Day-to-day management of the Property, such as collection of rent, hiring of service contractors on an as-needed basis and payment of expenses, shall be handled by Tenant 3 (the “TiC Manager”), subject to any consent required from the Co-Owners as described in Section 3.1. In the event Leonid Pustilnikov is unable or unwilling to serve as the managing principal of Tenant 3, the Co-Owners agree to be bound by the vote of a majority count of the unaffiliated Co-Owners at the time any such decision shall be made, regardless of each Co-Owner’s Ownership Percentage at such time (eg, 4 out of 6 CoOwners as of the date hereof, 3 out of 5 Co-Owners if there shall be 5 unaffiliated Co-Owners at some time in the future, etc). The Co-Owners may agree, by unanimous consent, to a third party property manager (the “Property Manager”) to manage the Property and provide such property management, construction management, asset management, leasing and debt placement services as may be required for operation of the Property and as shall be set forth in a property management agreement with an initial one (1) year term subject to annual renewal, and which shall set forth the Property Manager’s duties, responsibilities and compensation. Any annual extension of the term of the Management Agreement must be approved by all of the Co- 3 Owners. Property Manager shall be responsible for maintaining a common bank account on behalf of the Co-Owners for the collection and deposit of rents.

4. Sale or Transfer of the Property.
(a) General. Subject to Section 4(b), a Co-Owner may not make or undertake any “Transfer” (as hereinafter defined) made which: (a) violates any provision of this Agreement, (b) violates any loan that encumbers the entire Property or (c) results in more than 35 persons being tenants in common of the Property. For purposes of the foregoing sentence, a husband and wife shall be treated as a single person and all persons who acquire interests from a Co-Owner by inheritance shall be treated as a single person. A “Transfer,” for purposes of this Agreement, shall be deemed to include, but not be limited to: (i) any sale, transfer, assignment, pledge or other disposition of, or creation of a security interest in, all or any portion of a CoOwner’s Ownership Interest, (ii) a consolidation or merger to which a Co-Owner is a party, or (iii) any sale, transfer or assignment of a general partner’s interest or any portion thereof in a CoOwner if such Co-Owner is a general partnership, or any sale, transfer, or assignment of a member’s interest or any portion thereof in a Co-Owner if an such Co-Owner is a limited liability company.
(b) Right of First Offer. If a Co-Owner desires to sell its Ownership Interest to a third party purchaser, such Co-Owner (the “Selling Co-Owner”) shall first allow the other Co-Owners (each, an “Offeror,” and collectively, the “Offerors”) to make an offer to purchase the Selling Co-Owner’s Ownership Interest pursuant to the terms and conditions set forth in this section. A Selling Co-Owner shall provide written notice (the “ROFO Notice”) of its intent to sell its Ownership Interest to each Offeror. The Offerors shall have the right, within fourteen (14) days after receipt of such ROFO Notice, to deliver a written offer to the Selling CoOwner to purchase the Selling Co-Owner’s Ownership Interest. If the Selling Co-Owner does not accept an offer from any of the Offerors within fourteen (14) days after receipt of such each offer, then for the following one hundred twenty (120) days, the Selling Co-Owner shall be free to sell its interest in the Property to a purchaser other than an Offeror, provided that the sale of the Selling Co-Owner’s Ownership Interest to a purchaser (other than an Offeror) is for a price greater than any purchase price offered by an Offeror pursuant to this Section and is in compliance with the terms of any loan encumbering the entire Property. If a sale is not consummated within such one hundred twenty day period, then the rights of the Offerors to notice and first offer as aforesaid will again apply as to any sale occurring subsequent to such period. The rights contained herein shall be subject and subordinate to the terms of any loan documents encumbering the entire Property. For the avoidance of doubt, however, a third party purchaser shall not be deemed to include any Co-Owners, their principals, or any entities under majority common ownership or control with such Co-Owners or principals.

5. Partition. Each Co-Owner agrees that prior to instituting an action for partition that involves an actual physical division of the Property as described in California Code of Civil Procedure Sections 872.810 and 873.210 to 873.290, such Co-Owner will first offer the other Co-Owners the right to purchase its Ownership Interest at fair market value, pursuant to the provisions of Section 4 or Section 6, as applicable. Additionally, any action for partition shall be subject to any restrictions required by a lender and that are consistent with customary commercial lending practices.
4 6. General Provisions regarding the Tenancy in Common.

6.1 Advances Among Co-Owners. No Co-Owner nor the Property Manager may advance funds to another Co-Owner to meet expenses associated with the Property, unless the advance is recourse and is not for a period exceeding one (1) year.

6.2 Proportionate Sharing of Debt. In the event the Co-Owners unanimously agree to obtain indebtedness to be secured by the Property, each Co-Owner shall share in such indebtedness in proportion to their Ownership Percentage.

6.3 No Business Activities. The activities of the Co-Owners in regards to the Property shall be limited to those customarily performed in connection with the maintenance and repair of rental real estate.

6.4 Loan Agreements. The lender of any indebtedness secured by the Property shall not be a related person to any Co-Owner, the Property Manager, any lessee of the Property or any affiliate of the Co-Owner, Property Manager or any lessee of the Property, unless otherwise unanimously agreed to by the Co-Owners in writing.

7. Miscellaneous.

7.1 Entire Agreement; Amendments. This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the Co-Owners with respect to the Property and may be amended only by an agreement in writing signed by the party to be charged.

7.2 Partial Invalidity. If a court or arbitrator of competent jurisdiction holds any portion of this Agreement to be invalid or unenforceable in whole or in part for any reason, the validity and enforceability of the remaining clauses, or portions of them, shall not be affected.

7.3 Successors and Assigns. Subject to the restrictions on transfer contained herein, this Agreement shall bind and benefit the Co-Owners to this Agreement and their legal representatives and successors in interest.

7.4 Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California.

7.5 Attorneys’ Fees. In the event any party to this Agreement brings an action against another to enforce or interpret this Agreement, then the non-prevailing party shall pay the attorney’s fees and costs and expert witness fees and costs of the prevailing party.

7.6 Counterparts. This Agreement may be executed in separate counterparts.

7.7 Legal Counsel; Mutual Drafting. Each party hereto recognizes that this is a legally binding contract, and acknowledges and agrees that he, she or it, as applicable, has read and understands this Agreement, is entering into it freely and voluntarily, and has had ample opportunity to consult with legal counsel of his, her or its choice. Each party has cooperated in the drafting, negotiation and preparation of this Agreement. Hence, in any 5 construction to be made of this Agreement, the same shall not be construed against any party on the basis of that party or its counsel being the drafter of such language. [Remainder of page intentionally blank]
S-1 Signature page to
Tenancy In Common Agreement
IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the day and year first above written.

CO-OWNERS:

TENANT 1:

EJT WILSHIRE LINDEN, LLC,
a California limited liability company
By: ________________________________
Eli Taban, Manager
TENANT 2:
1112 INVESTMENT COMPANY, LLC,
a California limited liability company
By: ________________________________
Ely Dromy, Manager
TENANT 3:
9300 WILSHIRE, LLC,
a Delaware limited liability company
By: ________________________________
Leonid Pustilnikov, Manager
TENANT 4:
9300 WILSHIRE FEE, LLC,
a Delaware limited liability company
By: 505 Investment Company, LLC
Its: Managing Member
By: ________________________________
Ely Dromy, Manager
2 TENANT 5:

E.D. FLORES, LLC,
a California limited liability company
By: ________________________________
Ely Dromy, Manager
TENANT 6:

DROMY 1995 FAMILY TRUST DATED DECEMBER 12, 1995
By: ________________________________
Ely Dromy, Trustee
By: ________________________________
Judy Dromy, Trustee
EXHIBIT 1

DESCRIPTION OF THE PROPERTY
125 - 129 South Linden Fee:

LOTS 38, 39, AND 40 OF TRACT NO. 6648 IN THE CITY OF BEVERLY HILLS, IN THE

COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 71, PAGE 48 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

APN(s): 4328-009-007 and 4328-009-021
4 9740-9744 Wilshire Leasehold:

A leasehold interest in a five (5) story office building located at 9740 and 9744 Wilshire Boulevard in the City of Beverly Hills, County of Los Angeles, State of California, with a legal description for the land thereunder of:

LOTS 35 AND 36 OF TRACT 6648, IN THE CITY OF BEVERLY HILLS, COUNTY

OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON A MAP
RECORDED IN BOOK 71 PAGE 48 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

APN: 4328-009-003
The leasehold interest is more particularly described as:

A leasehold estate as created by that certain unrecorded lease dated August 29, 1957, executed by Security-First National Bank of Los Angeles, as Trustee under the Will of Grace K. Burt, deceased as lessor and 9740 Wilshire Building, a Limited Partnership as lessee, as disclosed by a Lease – Short Form for Recording recorded September 27, 1957 as Instrument No. 1606 in Book 55719, Page 14 of Official Records. Said lease was amended and assigned as follows:
a. that certain unrecorded Amendment to Lease dated May 29, 1959; b. that certain Amendment to Lease dated May 29, 1959 and recorded June 24, 1959 as Document No. 1852;
c. that certain Assignment of Undivided Interest in Lease dated January 3, 1961 and recorded
January 4, 1961 as Document No. 1567;
d. that certain Assignment of Undivided Interest in Lease dated January 3, 1961 and recorded
January 4, 1961 as Document No. 1568;
e. those certain unrecorded Assignment of Lessee's Interest in Lease dated March 2, 1979;
f. those certain unrecorded Assignments of Lessee's Interest in Lease dated March 21, 1980;
g. that certain unrecorded Assignment of Lessee's Interest in Lease dated March 26, 2003;
5 h. that certain unrecorded Assignment of Leasehold Interest dated July 27, 2012; i. that certain Assignment of Lease dated October 25, 2019 and recorded October 28, 2019 as Document No. 20191155144;
j. that certain Assignment of Leasehold Interest dated December 28, 2020 and recorded January ___, 2021 as Document No. ;
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RESIDENTIAL:ACCESSIBLE PARKING REQUIREDCBC SECTION 1109A.3:2% OF COVERED MULTIFAMILY DWELLING UNITS. AT LEAST 1 SPACE: OF EACH TYPE OF PARKING FACILITY SHALL BE MADE ACCESSIBLE.2% x 165 UNITS = 3.3 (ROUNDED DOWN) = 3 SPACES.CBC SECTION 1109A.8.61 OF EVERY 8 ACCESSIBLE SPACES SHALL BE VAN ACCESSIBLE, MINIMUM 1 VAN ACCESSIBLE SPACE: 1 SPACE.ELECTRICAL VEHICLE PARKING REQUIRED:PER CALIFORNIA GREEN BUILDING CODE SECTION 4.106.4.2.25% OF PARKING SHALL BE EV CHARGING STATION INSTALLED 5% x 126 STALLS = 6.3 (ROUNDED) = 6 EVCS25% OF PARKING SHALL BE EV READY25% x 126 STALLS = 31.5 (ROUNDED) = 32 EVSE 10% OF PARKING SHALL BE RACEWAY/ CONDUIT SUPPLIED10% x 126 STALLS = 12.6 (ROUNDED) = 13 CONDUIT INSTALLED PER CALIFORNIA GREEN BUILDING CODE SECTION 4.106.4.2.2: ONE IN EVERY EV 25 SPACES SHALL HAVE AN 8 WIDE MINIMUM AISLE, MINIMUM 1 SPACE.RESIDENTIAL:PARKING SPACES REQUIRED FOR RESIDENTIALPER BHMC 10-3-2830HOTEL:PARKING SPACES REQUIRED FOR HOTELPER BHMC 10-3-27301 PARKING SPACE PER RENTABLE ROOM OR UNIT 73 ROOMS = 73 PARKING SPACES STUDIO, NO BEDROOMS1 BEDROOM2 BEDROOMGUEST PARKING (PER 10-3-2817) 1 SPACE PER UNIT2 SPACES PER UNIT2 1/2 SPACES PER UNIT 1/4 SPACE PER UNIT 352-(&7,1)250$7,21PROJECT NAME:ADDRESS:OWNER:CONSTRUCTION TYPE:PROPOSED BLDG HEIGHT:PROPOSED NUMBER OF STORIES:OCCUPANCY TYPE:
129 LINDEN DR125-129 S LINDEN DR, BEVERLY HILLS, CA 90212DROMY 1995 FAMILY TRUST;9300 WILSHIRE, LLC;9300 WILSHIRE FEE, LLC;E.D. FLORES, LLC;1112 INVESTMENT CO., LLC;EJT WILSHIRE LINDEN, LLC TYPE IA200' - 0"19 STORIESS2 - PARKINGR2 - RESIDENTIAL A3 - ROOF DECK
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

LOTS 38, 39, AND 40 OF TRACT NO.6648, IN THE CITY OF BEVERLY HILLS, IN COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 71, PAGE 48 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

APN: 4328-009-007, 4328-009-021
/(*$/'(6&5,37,21
9,&,1,7<0$3

SANTA MONICA BLVD
SITE:125-129 S LINDEN DR

WILSHIRE BLVD

CHARLEVILLE BLVD

LASKY DR

SPLAUDING DR

S LINDEN DR

S MCCARTY DR

S ROXBURY DR

DURANT DR

ROBBINS DR
ZONING:LOT SIZE:RESIDENTIAL UNITS PROPOSED:HOTEL ROOMS PROPOSED:FAR PROVIDED:

R421,676.05 SF165 UNITS73 ROOMS14.3:1
=21,1*'$7$
$))25'$%/(+286,1*
REQUIRED AFFORDABLE RESIDENTIAL UNITS CALCULATION:REQUIRED AFFORDABLE UNITS: 20% OF TOTAL UNITS 165 x 20% = 33 AFFORDABLE UNITS BUILDING AREA PER 2022 CBC SECTION 202:

AREA, BUILDING. THE AREA INCLUDED WITHIN SURROUNDING EXTERIOR WALLS, OR EXTERIOR WALLS AND FIRE WALLS, EXCLUSIVE OF VENT SHAFTS AND COURTS. AREAS OF THE BUILDING NOT PROVIDED WITH SURROUNDING WALLS SHALL BE INCLUDED IN THE BUILDING AREA IF SUCH AREAS ARE INCLUDED WITHIN THE HORIZONTAL PROJECTION OF THE ROOF OR FLOOR ABOVE. %8,/',1*$5($3(5&%&
259,547 SF X 19.9% = 51,650TOTAL - 311,197 SF
352-(&7'(6&5,37,21
PROPOSED 19-STORY RESIDENTIAL AND HOTEL BUILDING WITH A TOTAL OF 165 UNITS AND 73 HOTEL ROOMS. THERE ARE 4 LEVELS OF SUBTERRANEAN PARKING PROVIDING A TOTAL OF 126 PARKING STALLS. 23(163$&(
REQUIRED OPEN SPACE PER BHMC 10-3-2802
200 SF OF OUTDOOR LIVING SPACE IS REQUIRED FOR EACH DWELLING UNIT. OUTDOOR LIVING SPACE CAN BE PROVIDED WITH A COMBINATION OF PRIVATE AND COMMON SPACES.

COMMON OPEN SPACE
PER BHMC 10-2-2803 COMMON OUTDOOR LIVING SPACE CAN BE PROVIDED AS LONG AS EACH DIMENSION IS AT LEAST 15'-0".

PRIVATE OPEN SPACE
PER LAMC BHMC 10-3-2803 PRIVATE OUTDOORD SPACE THAT IS CONTIGUOUS TO A UNIT ( SUCH AS A PATIO) IT SHALL BE SCREENED FROM VIEW FROM THE GROUND LEVEL ADN EACH DIMENSION (LENGTH, WIDTH, DEPTH) SHALL BE AT LEAST 6 FEET. (17,7/(0(176
'(9(/230(17

ZONING CONFORMANCE TABLE IS NOT APPLICATION AS PROJECT UTILIZES BUILDER'S REMEDY 5(9,(:3(50,7
352-(&77($0
ARCHITECTOTTINGER ARCHITECTS1117 VENICE BLVDLOS ANGELES, CA 90015323.250.2820CONTACT: JESSE OTTINGERLAND USE ATTORNEYRPN LLP633 W. FIFTH STREET, 64TH FLOORLOS ANGELES, CA 90071213.557.7222CONTACT: DAVE RAND OWNERS 9300 WILSHIRE, LLC9744 WILSHIRE BLVD, SUITE 203
BEVERLY HILLS, CA 90212
PHONE: SEE REPRESENTATIVE
CONTACT: SEE REPRESENTATIVE
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UNIT COUNT BY TYPE PERCENTAGE

OF TOTAL AVERAGE AREA UNIT TYPE COUNT
STUDIO 10 6% 450STUDIO AFF 3 2% 4861 BR 47 28% 6581 BR AFF 12 7% 6522 BR 73 44% 9702 BR AFF 18 11% 8922 BR PENTHOUSE 2 1% 3,266TOTAL 165 7,374 $5($6&+('8/(
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LEVEL TYPE AREA
LEVEL P4 PARKING 14,977 SFLEVEL P3 PARKING 14,977 SFLEVEL P2 PARKING 14,977 SFLEVEL P1 PARKING 14,977 SF1ST FLOOR RESIDENTIAL/HOTEL 12,572 SF2ND FLOOR HOTEL 12,748 SF3RD FLOOR HOTEL 12,605 SF4TH FLOOR HOTEL 12,652 SF5TH FLOOR HOTEL 13,638 SF6TH FLOOR RESIDENTIAL 13,932 SF7TH FLOOR RESIDENTIAL 13,905 SF8TH FLOOR RESIDENTIAL 13,908 SF9TH FLOOR RESIDENTIAL 13,905 SF10TH FLOOR RESIDENTIAL 13,970 SF11TH FLOOR RESIDENTIAL 13,974 SF12TH FLOOR RESIDENTIAL 13,970 SF13TH FLOOR RESIDENTIAL 13,907 SF14TH FLOOR RESIDENTIAL 13,902 SF15TH FLOOR RESIDENTIAL 13,909 SF16TH FLOOR RESIDENTIAL 13,824 SF17TH FLOOR RESIDENTIAL 13,887 SF18TH FLOOR RESIDENTIAL 11,295 SF19TH FLOOR RESIDENTIAL 8,785 SFGRAND TOTAL 311,197 SF A00 COVER SHEETA01 PROJECT INFORMATIONA02 RENDERINGA03 RENDERINGA04 RENDERINGA05 MATERIAL BOARDA06 FAR CALCULATIONSA07 FAR CALCULATIONSA08 OPEN SPACE CALCULATIONSA09 OPEN SPACE CALCULATIONSA10 SURVEYA11 SITE PLANA12 P3 & P4 FLOOR PLANA13 P1 & P2 FLOOR PLANA14 1ST & 2ND FLOOR PLANA15 3RD & 4TH FLOOR PLANA16 5TH & 6TH FLOOR PLANA17 7TH & 8TH FLOOR PLANA18 9TH & 10TH FLOOR PLANA19 11TH & 12TH FLOOR PLANA20 13TH & 14TH FLOOR PLANA21 15TH & 16TH FLOOR PLANA22 17TH & 18TH FLOOR PLANA23 19TH FLOOR & ROOF PLANA24 ELEVATIONSA25 ELEVATIONSA26 ELEVATIONSA27 ELEVATIONSA28 SECTIONSA29 SECTIONS 6+((77,7/(6+((7180%(5,668('$7(9(1,&(%/9%/26$1*(/(6&$ W
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TYPE COUNT
STANDARD 80COMPACT 42
ACCESSIBLE - VAN 2ACCESSIBLE 2
GRAND TOTAL 126

OPEN SPACE REQUIRED

UNIT TYPE NUMBER OF UNITS REQ'D OPEN SPACE
STUDIO 10 2,000 SFSTUDIO AFF 3 600 SF1 BR 47 9,400 SF1 BR AFF 12 2,400 SF2 BR 79 15,800 SF2 BR AFF 18 3,600 SF2 BR PENTHOUSE 2 400 SFTOTAL 34,200 SF +27(/5220&2817

HOTEL ROOM COUNT BY TYPE PERCENTAGE

OF TOTAL AVERAGE AREA ROOM TYPE COUNT
HOTEL ROOM 64 88% 427HOTEL SUITE 9 12% 693TOTAL 73 1,120 $5($6&+('8/(
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LEVEL AREA
COMMON OPEN SPACE1ST FLOOR 8,590 SF18TH FLOOR 1,845 SF19TH FLOOR 1,342 SF 11,777 SF
PRIVATE OPEN SPACE6TH FLOOR 455 SF7TH FLOOR 456 SF8TH FLOOR 464 SF9TH FLOOR 464 SF10TH FLOOR 456 SF11TH FLOOR 457 SF12TH FLOOR 465 SF13TH FLOOR 461 SF14TH FLOOR 456 SF15TH FLOOR 541 SF16TH FLOOR 466 SF17TH FLOOR 465 SF18TH FLOOR 453 SF19TH FLOOR 391 SF 6,451 SF
TOTAL 18,228 SF
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UNIT TYPE QUANTITY STALLS ALLOWED
1 BR 47 941 BR AFF 12 242 BR 79 197.52 BR AFF 18 452 BR PENTHOUSE 2 5HOTEL ROOM 66 66HOTEL SUITE 10 10STUDIO 10 10STUDIO AFF 3 3TOTAL 454.5 $87202%,/(3$5.,1*&217
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‹&23<5,*+7277,1*(5$5&+,7(&76


30
$
5(1'(5,1*

/,1'(1'5 
6/,1'(1'5
%(9(5/<+,//6&$


6+((77,7/(
6+((7180%(5,668('$7(9(1,&(%/9%/26$1*(/(6&$
W
‹&23<5,*+7277,1*(5$5&+,7(&76


30
$
0$7(5,$/%2$5'

/,1'(1'5 
6/,1'(1'5
%(9(5/<+,//6&$


*/$66*8$5'5$,/
:+,7(
0(7$/)$6&,$
(;7(5,2560227+3/$67(5
:+,7(
6725()5217*5$<)5$0(
0(7$/3$1(/6:+,7(
ZONING:

LOT SIZE:RESIDENTIAL UNITS PROPOSED:HOTEL ROOMS PROPOSED:FAR PROVIDED:

R421,676.05 SF165 UNITS73 ROOMS14.3:1
=21,1*'$7$

HOTELRESIDENTIAL
/(*(1'
$5($6&+('8/(
)/225$5($

LEVEL TYPE AREA
1ST FLOOR HOTEL 1,708 SF1ST FLOOR RESIDENTIAL 7,140 SF2ND FLOOR HOTEL 11,600 SF3RD FLOOR HOTEL 11,535 SF4TH FLOOR HOTEL 11,597 SF5TH FLOOR HOTEL 11,594 SF6TH FLOOR RESIDENTIAL 11,587 SF7TH FLOOR RESIDENTIAL 11,850 SF8TH FLOOR RESIDENTIAL 11,789 SF9TH FLOOR RESIDENTIAL 11,666 SF10TH FLOOR RESIDENTIAL 11,795 SF11TH FLOOR RESIDENTIAL 11,844 SF12TH FLOOR RESIDENTIAL 11,739 SF13TH FLOOR RESIDENTIAL 11,804 SF14TH FLOOR RESIDENTIAL 11,779 SF15TH FLOOR RESIDENTIAL 11,690 SF16TH FLOOR RESIDENTIAL 11,851 SF17TH FLOOR RESIDENTIAL 11,851 SF18TH FLOOR RESIDENTIAL 9,293 SF19TH FLOOR RESIDENTIAL 7,695 SFTOTAL 213,408 SF 6+((77,7/(6+((7180%(5,668('$7(9(1,&(%/9%/26$1*(/(6&$ W
‹&23<5,*+7277,1*(5$5&+,7(&76


30
$
)$5&$/&8/$7,216

/,1'(1'5 
6/,1'(1'5
%(9(5/<+,//6&$


 
  67)/225
 
  1')/225 
  5')/225
 
  7+)/225 
  7+)/225 
  7+)/225
 
  7+)/225 
  7+)/225 


7+)/225
 
  7+)/225 
  7+)/225 
  7+)/225
ZONING:

LOT SIZE:RESIDENTIAL UNITS PROPOSED:HOTEL ROOMS PROPOSED:FAR PROVIDED:

R421,676.05 SF165 UNITS73 ROOMS14.3:1
=21,1*'$7$

HOTELRESIDENTIAL
6+((77,7/(6+((7180%(5,668('$7(9(1,&(%/9%/26$1*(/(6&$ W
‹&23<5,*+7277,1*(5$5&+,7(&76



30
$
)$5&$/&8/$7,216

/,1'(1'5 
6/,1'(1'5
%(9(5/<+,//6&$


/(*(1'
$5($6&+('8/(
)/225$5($

LEVEL TYPE AREA
1ST FLOOR HOTEL 1,708 SF1ST FLOOR RESIDENTIAL 7,140 SF2ND FLOOR HOTEL 11,600 SF3RD FLOOR HOTEL 11,535 SF4TH FLOOR HOTEL 11,597 SF5TH FLOOR HOTEL 11,594 SF6TH FLOOR RESIDENTIAL 11,587 SF7TH FLOOR RESIDENTIAL 11,850 SF8TH FLOOR RESIDENTIAL 11,789 SF9TH FLOOR RESIDENTIAL 11,666 SF10TH FLOOR RESIDENTIAL 11,795 SF11TH FLOOR RESIDENTIAL 11,844 SF12TH FLOOR RESIDENTIAL 11,739 SF13TH FLOOR RESIDENTIAL 11,804 SF14TH FLOOR RESIDENTIAL 11,779 SF15TH FLOOR RESIDENTIAL 11,690 SF16TH FLOOR RESIDENTIAL 11,851 SF17TH FLOOR RESIDENTIAL 11,851 SF18TH FLOOR RESIDENTIAL 9,293 SF19TH FLOOR RESIDENTIAL 7,695 SFTOTAL 213,408 SF  
  7+)/225
 
  7+)/225 
  7+)/225
 
  7+)/225 
  7+)/225 
  7+)/225
 
  
7+)/225
23(163$&(
REQUIRED OPEN SPACE PER BHMC 10-3-2802
200 SF OF OUTDOOR LIVING SPACE IS REQUIRED FOR EACH DWELLING UNIT. OUTDOOR LIVING SPACE CAN BE PROVIDED WITH A COMBINATION OF PRIVATE AND COMMON SPACES.

COMMON OPEN SPACE
PER BHMC 10-2-2803 COMMON OUTDOOR LIVING SPACE CAN BE PROVIDED AS LONG AS EACH DIMENSION IS AT LEAST 15'-0".

PRIVATE OPEN SPACE
PER LAMC BHMC 10-3-2803 PRIVATE OUTDOORD SPACE THAT IS CONTIGUOUS TO A UNIT ( SUCH AS A PATIO) IT SHALL BE SCREENED FROM VIEW FROM THE GROUND LEVEL ADN EACH DIMENSION (LENGTH, WIDTH, DEPTH) SHALL BE AT LEAST 6 FEET.

COMMON OPEN SPACEPRIVATE OPEN SPACE
6+((77,7/(6+((7180%(5,668('$7(9(1,&(%/9%/26$1*(/(6&$ W
‹&23<5,*+7277,1*(5$5&+,7(&76


30
$
23(163$&(&$/&8/$7,216

/,1'(1'5 
6/,1'(1'5
%(9(5/<+,//6&$


 
  67)/225
 
  1')/225
 
  5')/225
 
  7+)/225 
  7+)/225
 
  7+)/225 
  7+)/225 


7+)/225
 
  7+)/225 
  7+)/225 
  7+)/225
 
  7+)/225

OPEN SPACE REQUIRED

UNIT TYPE NUMBER OF UNITS REQ'D OPEN SPACE
STUDIO 10 2,000 SFSTUDIO AFF 3 600 SF1 BR 47 9,400 SF1 BR AFF 12 2,400 SF2 BR 79 15,800 SF2 BR AFF 18 3,600 SF2 BR PENTHOUSE 2 400 SFTOTAL 34,200 SF /(*(1'
$5($6&+('8/(
23(163$&(3529,'('

LEVEL AREA
COMMON OPEN SPACE1ST FLOOR 8,590 SF18TH FLOOR 1,845 SF19TH FLOOR 1,342 SF 11,777 SF
PRIVATE OPEN SPACE6TH FLOOR 455 SF7TH FLOOR 456 SF8TH FLOOR 464 SF9TH FLOOR 464 SF10TH FLOOR 456 SF11TH FLOOR 457 SF12TH FLOOR 465 SF13TH FLOOR 461 SF14TH FLOOR 456 SF15TH FLOOR 541 SF16TH FLOOR 466 SF17TH FLOOR 465 SF18TH FLOOR 453 SF19TH FLOOR 391 SF 6,451 SF
TOTAL 18,228 SF
23(163$&(
REQUIRED OPEN SPACE PER BHMC 10-3-2802
200 SF OF OUTDOOR LIVING SPACE IS REQUIRED FOR EACH DWELLING UNIT. OUTDOOR LIVING SPACE CAN BE PROVIDED WITH A COMBINATION OF PRIVATE AND COMMON SPACES.

COMMON OPEN SPACE
PER BHMC 10-2-2803 COMMON OUTDOOR LIVING SPACE CAN BE PROVIDED AS LONG AS EACH DIMENSION IS AT LEAST 15'-0".

PRIVATE OPEN SPACE
PER LAMC BHMC 10-3-2803 PRIVATE OUTDOORD SPACE THAT IS CONTIGUOUS TO A UNIT ( SUCH AS A PATIO) IT SHALL BE SCREENED FROM VIEW FROM THE GROUND LEVEL ADN EACH DIMENSION (LENGTH, WIDTH, DEPTH) SHALL BE AT LEAST 6 FEET.

COMMON OPEN SPACEPRIVATE OPEN SPACE
6+((77,7/(6+((7180%(5,668('$7(9(1,&(%/9%/26$1*(/(6&$ W
‹&23<5,*+7277,1*(5$5&+,7(&76


30
$

23(163$&(&$/&8/$7,216

/,1'(1'5 
6/,1'(1'5
%(9(5/<+,//6&$


/(*(1'

OPEN SPACE REQUIRED

UNIT TYPE NUMBER OF UNITS REQ'D OPEN SPACE
STUDIO 10 2,000 SFSTUDIO AFF 3 600 SF1 BR 47 9,400 SF1 BR AFF 12 2,400 SF2 BR 79 15,800 SF2 BR AFF 18 3,600 SF2 BR PENTHOUSE 2 400 SFTOTAL 34,200 SF  
  7+)/225
 
  7+)/225
 
  7+)/225
 
  7+)/225 
  7+)/225 
  7+)/225
 
  
7+)/225 $5($6&+('8/(
23(163$&(3529,'('

LEVEL AREA
COMMON OPEN SPACE1ST FLOOR 8,590 SF18TH FLOOR 1,845 SF19TH FLOOR 1,342 SF 11,777 SF
PRIVATE OPEN SPACE6TH FLOOR 455 SF7TH FLOOR 456 SF8TH FLOOR 464 SF9TH FLOOR 464 SF10TH FLOOR 456 SF11TH FLOOR 457 SF12TH FLOOR 465 SF13TH FLOOR 461 SF14TH FLOOR 456 SF15TH FLOOR 541 SF16TH FLOOR 466 SF17TH FLOOR 465 SF18TH FLOOR 453 SF19TH FLOOR 391 SF 6,451 SF
TOTAL 18,228 SF
6+((77,7/(
6+((7180%(5,668('$7(9(1,&(%/9%/26$1*(/(6&$
W
‹&23<5,*+7277,1*(5$5&+,7(&76


30
$
6859(<

/,1'(1'5 
6/,1'(1'5
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S. LINDEN DRIVE
(E) BUILDING
4 STORIES
PROPOSED 19-STORY RESIDENTIAL BUILDING
WITH 165 UNITS AND 73 HOTEL ROOM. 4

LEVELS OF SUBTERRANEAN PARKING
PROVIDING 126 PARKING STALLS
SITE SF: 21,676.05

PARKING

ENTRANCE
HOTEL

ENTRANCE

LOADING
ZONE
(E) BUILDING
4 STORIES
(E) BUILDING
2 STORIES

EMPTY LOT
(E) PARKING
LOT
(E) BUILDING
2 STORIES
(E) BUILDING
2 STORIES
(E) BUILDING
2 STORIES
7"
7' - 6" 127' - 6" 12' - 0" 18' - 0"
11' - 0"
169' - 11"
5' - 10"
ALLEY
ALLEY
7' - 6"

RESIDENTIAL

ENTRANCE
163' - 0" 7' - 0"

COURTYARD
(E) TREE
(E) TREE

SITE FAULT LINE

LINE OF BUILDING OUTLINE ABOVE
(N) TREE
(E) TREE
(N) TREE
(N) TREE
6+((77,7/(6+((7180%(5,668('$7(9(1,&(%/9%/26$1*(/(6&$ W
‹&23<5,*+7277,1*(5$5&+,7(&76



30
$
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67$,5
1' - 6" 124' - 6" 1' - 6"
1' - 6" 160' - 5" 8' - 0"
1' - 6" 124' - 6" 1' - 6"
8' - 0" 160' - 5" 1' - 6" 16.6% MAX SLOPE 5% MAX SLOPE 16.6% MAX SLOPE 5% MAX SLOPE
3$5.,1*
67$,5
(/(9/2%%<
5(6(/(9
+27(/(/(9
(/(9/2%%<
87,/,7<
TY
P
1 '
-
0 "
M
N
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24' - 6" TYP 19' - 0" TYP
19'
- 0"
TYP
24'
- 0"
MIN
4 '
-
5 "
19' - 0" TYP 24' - 0" MIN
1 7
'
-
0 "
T
Y
P
7' - 6" TYP
TY
P
1 '
-
0 "
M
N
I
TY
P
1 '
-
0 "
M
N
I
24' - 0" MIN
5(6(/(9
+27(/(/(9

$

$

$


$

1' - 6" 124' - 6" 1' - 6"
1 '
-
6 "
1 6
0 '
-
5 "
8 '
-
0 "
1' - 6" 124' - 6" 1' - 6"
8'
-
0 "
1 6
0 '
-
5 "
1 '
-
6 "
5% MAX SLOPE

16.6% MAX
SLOPE
5% MAX SLOPE
(/(9/2%%<
67$,5
5(6(/(9
67$,5
+27(/(/(9
(/(9/2%%<
87,/,7<
TY
P
1 '
-
0 "
M
IN
24' - 6" TYP 19' - 0" TYP
19'
- 0"
TYP
24'
- 0"
MIN
4'
-
5 "
1 7
'
-
0 "
T
Y
P
7' - 6" TYP
TY
P
1 '
-
0 "
M
N
I
TY
P
1 '
-
0 "
M
N
I
24' - 0" MIN
5(6(/(9
+27(/(/(9
6+((77,7/(6+((7180%(5,668('$7(9(1,&(%/9%/26$1*(/(6&$ W
‹&23<5,*+7277,1*(5$5&+,7(&76


30
$
3 3)/2253/$1

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6/,1'(1'5
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1 





 
  3)/2253/$1  
  3)/2253/$1
5(6 6
5(6 65(6 65(6 6
5(6
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5(6
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'$6
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5(66
5(66
5(6&
5(6&
5(6&5(6 65(6 6
5(6
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5(6&5(6&5(6&
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5(6&
5(6&
5(6 &
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5(6&
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5(6 65(6 65(6 65(6 65(6 65(6 6
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5(66
5(66
5(66
5(66
5(66
5(66
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5(665(665(665(665(665(665(66
5(6&5(6&5(6&
5(66
5(66
5(6 6
83 83
'1
'1
5(6 6
'1
5(6&
5(6&

$

$

$


$

19' - 0" TYP 24' - 0" MIN
1' - 6"
1 '
-
0 "
1' - 6" 124' - 6" 1' - 6"
1 '
-
6 "
1 6
0 '
-
5 "
8 '
-
0 "
1' - 6" 124' - 6" 1' - 6"
8 '
-
0 "
1 6
0 '
-
5 "
1'
-
6 "
2 4
'
-
0 "
M
N
I
2 9
'
-
3 "
2 4
'
-
0 "
67$,5
67$,5
5(6(/(9
+27(/(/(9
(/(9/2%%<
17'
- 0"
24'
- 0"
MIN
19'
- 0"
TYP
(/(9/2%%<

16.6% MAX
SLOPE

16.6% MAX
SLOPE
3$5.,1*
2 3
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-
0 "
'1 83
5(6(/(9
+27(/(/(9

$

$

$


$

1' - 6" 124' - 6" 1' - 6"
1 '
-
6 "
1 6
0 '
-
5 "
8 '
-
0 "
1' - 6" 124' - 6" 1' - 6"
8'
-
0 "
1 6
0 '
-
5 "
1 '
-
6 "
TY
P
1 '
-
0 "
M
IN
19' - 0" TYP 19' - 0" TYP
24' - 0" MIN
24' - 6"
67$,5
67$,5
5(6(/(9
+27(/(/(9
(/(9/2%%<

16.6% MAX
SLOPE
5% MAX SLOPE

16.6% MAX
SLOPE
5% MAX SLOPE
3$5.,1*
19'
- 0"
TYP
24'
- 0"
MIN
4'
-
5 "
(/(9/2%%<
87,/,7<
TY
P
1 '
-
0 "
M
N
I
TY
P
1 '
-
0 "
M
N
I
1 7
'
-
0 "
T
Y
P
7' - 6" TYP
24' - 0" MIN
5(6(/(9
+27(/(/(9
6+((77,7/(6+((7180%(5,668('$7(9(1,&(%/9%/26$1*(/(6&$ W
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30
$
3 3)/2253/$1

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  3)/2253/$1
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$

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6)
+27(/6(59,&(
6)
+27(/
5220
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+27(/68,7(
6)
+27(/
5220

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+27(/
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+27(/
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75$6+
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(/(9$725/2%%<
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67$,5
67$,5
6)
+27(/
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6)
+27(/6(59,&(

6)
+27(/5(6785$17
5' - 10" 70' - 4" 14' - 1" 36' - 8" 7"
7 '
-
0 "
1 5
2 '
-
0 "
1 1
'
-
0 "
7 '
-
0 "
1 5
2 '
-
0 "
1 1
'
-
0 "
3 7
'
-
2 "
1 4
'
-
0 "
1 4
'
-
9 "
6 5
'
-
2 "
2 0
'
-
1 1
"
5' - 10" 67' - 11" 53' - 9"
37' - 5" 30' - 6"
5(6(/(9
+27(/(/(9
5(6(/(9

SEISMIC FAULT LINE
/,1'(1'5
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$


SEISMIC FAULT LINE
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67$,5
67$,5
(/(9$725/2%%<(/(9$725/2%%<
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5(6(/(9
6)
/2$',1,*=21(
)5(,*+7(/(9
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87,/,7<
5' - 10" 121' - 1" 7"
7'
-
0 "
7 '
-
0 "
1 5
2 '
-
0 "
1 1
'
-
0 "
3 7
'
-
2 "
2 8
'
-
9 "
4 4
'
-
9 "
5' - 10" 67' - 11" 53' - 9"
31' - 6" 5' - 11" 30' - 6"
67$,5
MIN.
18' - 0" 48' - 7" 9' - 9" 26' - 7"
2 5
'
-
5 "
5 '
-
9 "
2 3
'
-
9 "
1 4
'
-
1 1
"
3 0
'
-
7 "
1 4
'
-
1 1
"
9 '
-
9 "
2 7
'
-
1 "
1 5
2 '
-
0 "
1 1
'
-
0 "
5(6(/(9
+27(/(/(9
4 1
'
-
4 "
&2857<$5' 12.5% MAX SLOPE 16.6% MAX SLOPE '1
6+((77,7/(6+((7180%(5,668('$7(9(1,&(%/9%/26$1*(/(6&$ W
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6)
+27(/
5220
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5220
6)
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5220
6)
+27(/
5220
6)
+27(/
5220
6)
+27(/68,7(
6)
+27(/68,7(
6)
+27(/
5220
6)
+27(/
5220
6)
+27(/
5220

6)
+27(/
5220
6)
+27(/68,7(
67$,5

6)
+27(/
5220
6)
+27(/
5220
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5220
67$,5
(/(9$725/2%%<
6725$*(
"
+27(/(/(9
)5(,*+7(/(9
,')
75$6+
,')
5' - 10" 121' - 1" 7"
7 '
-
0 "
1 5
2 '
-
0 "
1 1
'
-
0 "
7 '
-
0 "
1 5
2 '
-
1 "
1 0
'
-
1 1
"
3 7
'
-
2 "
2 8
'
-
9 "
1 9
'
-
9 "
3 0
'
-
9 "
1 4
'
-
8 "
2 0
'
-
1 1
"
5' - 10" 74' - 0" 47' - 8"
37' - 5" 30' - 6" 6' - 1"
5(6(/(9 5(6(/(9
+27(/(/(9
40' - 4" 14' - 3" 66' - 6"
1 4
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-
3 "
3 7
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-
9 "
1 4
'
-
4 "
8 5
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9 "
6)
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SEISMIC FAULT LINE
$

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$

6)
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6)
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75$6+
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5(6(/(9
5' - 10" 121' - 1" 7"
7'
-
0 "
1 5
2 '
-
0 "
1 1
'
-
0 "
7 '
-
0 "
1 5
2 '
-
0 "
1 1
'
-
0 "
3 7
'
-
2 "
2 8
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-
4 "
2 0
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-
2 "3
0 '
-
1 1
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1 4
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6 "
2 0
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-
1 1
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5' - 10" 74' - 0" 47' - 8"
37' - 5" 30' - 6" 6' - 1"
67$,5
67$,5
+27(/(/(9
5(6(/(9
70' - 2" 14' - 4" 36' - 7"
8 5
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-
1 0
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1 4
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5 2
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+27(/
5220

6)
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5220
6)
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5220
6)
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5220
6)
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5220

SEISMIC FAULT LINE
6+((77,7/(6+((7180%(5,668('$7(9(1,&(%/9%/26$1*(/(6&$ W
‹&23<5,*+7277,1*(5$5&+,7(&76


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6)
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$

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67$,5
67$,5
6)
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6)
678',2$))
5(6(/(9
(/(9$725
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5' - 10" 121' - 1" 7"
7 '
-
0 "
1 5
2 '
-
0 "
1 1
'
-
0 "
7 '
-
0 "
1 5
2 '
-
0 "
1 1
'
-
0 "
3 7
'
-
2 "2
8 '
-
4 "
2 0
'
-
2 "
1 5
'
-
7 "
1 4
'
-
4 "
1 5
'
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6 "2
0 '
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1 1
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5' - 10" 74' - 0" 47' - 8"
37' - 5" 30' - 6" 6' - 1"
5(6(/(9
4 5
'
-
5 "
1 4
'
-
2 "
4 7
'
-
0 "
1 4
'
-
4 "
3 1
'
-
2 "
2 '
-
3 "
14' - 11" 106' - 3"

SEISMIC FAULT LINE
$

$

$

$


$

$

$


$

6)
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5220
6)
+27(/
5220
6)
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5220
6)
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6)
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6)
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6)
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67$,5
(/(9$725/2%%<
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5(6(/(9
+27(/(/(9
)5(,*+7(/(9
,')
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6)
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5220
75$6+
6)
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5220
6)
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5220
5' - 10" 121' - 1" 7"
7'
-
0 "
1 5
2 '
-
0 "
1 1
'
-
0 "
7 '
-
0 "
1 5
1 '
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1 0
"
1 1
'
-
2 "
3 7
'
-
2 "
2 8
'
-
4 "
2 0
'
-
2 "
1 5
'
-
9 "
1 4
'
-
2 "
1 5
'
-
7 "
2 0
'
-
1 1
"
2' - 5" 77' - 6" 47' - 8"
3' - 5" 37' - 5" 30' - 6" 6' - 1"
5(6(/(9
+27(/(/(9
1 4
'
-
1 "
6 7
'
-
8 "2
4 '
-
1 0
"
1 4
'
-
2 "
3 1
'
-
2 "
40' - 4" 14' - 4" 66' - 5"

SEISMIC FAULT LINE
6+((77,7/(6+((7180%(5,668('$7(9(1,&(%/9%/26$1*(/(6&$ W
‹&23<5,*+7277,1*(5$5&+,7(&76


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678',2$))
5(6(/(9
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5' - 10" 106' - 1" 15' - 0" 7"
7 '
-
0 "
1 5
2 '
-
0 "
1 1
'
-
0 "
7 '
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0 "
1 5
2 '
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0 "
1 1
'
-
0 "
3 7
'
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2 "2
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-
4 "
2 0
'
-
2 "
1 5
'
-
1 "
3 0
'
-
4 "
2 0
'
-
1 1
"
5' - 10" 74' - 0" 47' - 8"
37' - 5" 30' - 3" 6' - 5"
5(6(/(9
5 5
'
-
5 "
1 4
'
-
3 "
8 2
'
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3 "

SEISMIC FAULT LINE
$

$

$

$


$

$

$


$

6)
%5$))

6)
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6)
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6)
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6)
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678',2$))
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5' - 10"5' - 10" 121' - 1" 7"
7'
-
0 "
1 5
2 '
-
0 "
1 1
'
-
0 "
7 '
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0 "
1 5
2 '
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0 "
1 1
'
-
0 "
3 7
'
-
2 "
2 8
'
-
4 "
2 0
'
-
2 "
1 5
'
-
0 "
3 0
'
-
5 "
2 0
'
-
1 1
"
5' - 10" 74' - 0" 47' - 8"
37' - 5" 30' - 3" 6' - 5"
5(6(/(9
5 5
'
-
5 "
1 4
'
-
2 "
2 2
'
-
1 0
"
1 4
'
-
4 "
4 5
'
-
3 "
14' - 11" 91' - 4" 14' - 10"

SEISMIC FAULT LINE
6+((77,7/(6+((7180%(5,668('$7(9(1,&(%/9%/26$1*(/(6&$ W
‹&23<5,*+7277,1*(5$5&+,7(&76


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67$,5
67$,5
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678',2
5(6(/(9
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75$6+
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5' - 10" 121' - 1" 7"
7 '
-
0 "
1 5
2 '
-
0 "
1 1
'
-
0 "
7 '
-
0 "
1 5
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0 "
1 1
'
-
0 "
3 7
'
-
2 "2
8 '
-
4 "
2 0
'
-
2 "
3 0
'
-
5 "
1 5
'
-
0 "
2 0
'
-
1 1
"
5' - 10" 74' - 0" 47' - 8"
37' - 5" 30' - 6" 6' - 1"
5(6(/(9
5 9
'
-
9 "
1 4
'
-
2 "
7 8
'
-
2 "
16' - 10" 14' - 2" 39' - 4" 14' - 1" 36' - 8"

SEISMIC FAULT LINE
$

$

$

$


$

$

$


$

6)
%5$))

6)
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6)
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6)
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67$,5
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678',2
5(6(/(9
(/(9$725/2%%<
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75$6+
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)5(,*+7(/(9
5' - 10" 121' - 1" 7"
7'
-
0 "
1 5
2 '
-
0 "
1 1
'
-
0 "
7 '
-
0 "
1 5
2 '
-
0 "
1 1
'
-
0 "
3 7
'
-
2 "
2 8
'
-
4 "
2 0
'
-
2 "
3 0
'
-
7 "1
4 '
-
1 0
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0 '
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1 1
"
5' - 10" 74' - 0" 47' - 8"
37' - 5" 30' - 3" 6' - 5"
5(6(/(9
1 4
'
-
3 "
1 3
7 '
-
9 "

SEISMIC FAULT LINE
6+((77,7/(6+((7180%(5,668('$7(9(1,&(%/9%/26$1*(/(6&$ W
‹&23<5,*+7277,1*(5$5&+,7(&76


30
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6)
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67$,5
67$,5
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6)
678',2
5(6(/(9
(/(9$725/2%%<
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75$6+
,')
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5' - 10" 121' - 1" 7"
7 '
-
0 "
1 5
2 '
-
0 "
1 1
'
-
0 "
7 '
-
0 "
1 5
2 '
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0 "
1 1
'
-
0 "
3 7
'
-
2 "2
8 '
-
4 "
2 0
'
-
2 "
1 5
'
-
7 "
1 4
'
-
4 "
1 5
'
-
6 "2
0 '
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1 1
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5' - 10" 74' - 0" 47' - 8"
37' - 5" 30' - 3" 6' - 5"
5(6(/(9
1 0
6 '
-
7 "
1 4
'
-
4 "
3 1
'
-
2 "
94' - 11" 14' - 2" 12' - 1"

SEISMIC FAULT LINE
$

$

$

$


$

$

$


$

6)
%5$))

6)
%5
6)
%5

6)
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6)
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67$,5
67$,5
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678',2
5(6(/(9
(/(9$725/2%%<
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75$6+
,')
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5' - 10" 121' - 1" 7"
7'
-
0 "
1 5
2 '
-
0 "
1 1
'
-
0 "
7 '
-
0 "
1 5
2 '
-
0 "
1 1
'
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0 "
3 7
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-
2 "
2 8
'
-
4 "
2 0
'
-
2 "1
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-
9 "
1 4
'
-
2 "
1 5
'
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6 "
2 0
'
-
1 1
"
5' - 10" 74' - 0" 47' - 8"
37' - 5" 30' - 6" 6' - 1"
5(6(/(9
16' - 8" 14' - 4" 39' - 2" 14' - 4" 36' - 7"
3 1
'
-
2 "
1 4
'
-
2 "
3 2
'
-
1 0
"
1 4
'
-
3 "
5 9
'
-
7 "

SEISMIC FAULT LINE
6+((77,7/(6+((7180%(5,668('$7(9(1,&(%/9%/26$1*(/(6&$ W
‹&23<5,*+7277,1*(5$5&+,7(&76


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6)
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6)
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6)
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67$,5
67$,5
6)
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678',2
5(6(/(9
(/(9$725/2%%<
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75$6+
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5' - 10" 121' - 1" 7"
7 '
-
0 "
1 5
2 '
-
0 "
1 1
'
-
0 "
7 '
-
0 "
1 5
2 '
-
0 "
1 1
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0 "
3 7
'
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2 "2
8 '
-
4 "
2 0
'
-
2 "
1 5
'
-
1 "
3 0
'
-
4 "
2 0
'
-
1 1
"
5' - 10" 74' - 0" 47' - 8"
37' - 5" 30' - 3" 6' - 5"
5(6(/(9
4 5
'
-
3 "
1 4
'
-
4 "
2 2
'
-
1 0
"
1 4
'
-
2 "
5 5
'
-
5 "
40' - 4" 14' - 4" 66' - 5"

SEISMIC FAULT LINE
$

$

$

$


$

$

$


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6)
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6)
%5
6)
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6)
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6)
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67$,5
67$,5
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678',2
5(6(/(9
(/(9$725/2%%<
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75$6+
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5' - 10" 121' - 1" 7"
7'
-
0 "
1 5
2 '
-
0 "
1 1
'
-
0 "
7 '
-
0 "
1 5
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0 "
1 1
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-
0 "
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'
-
2 "
2 8
'
-
4 "
2 1
'
-
1 "
1 4
'
-
1 "
3 0
'
-
5 "
2 0
'
-
1 1
"
5' - 10" 74' - 0" 47' - 8"
37' - 5" 30' - 3" 6' - 5"
5(6(/(9
40' - 4" 14' - 3" 40' - 1" 14' - 4" 12' - 0"
9 2
'
-
6 "
1 4
'
-
2 "
4 5
'
-
5 "

SEISMIC FAULT LINE
6+((77,7/(6+((7180%(5,668('$7(9(1,&(%/9%/26$1*(/(6&$ W
‹&23<5,*+7277,1*(5$5&+,7(&76


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6)
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678',2
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5' - 10" 121' - 1" 7"
2 '
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6 '
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7 "
1 1
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-
0 "
2 '
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5 "
1 5
6 '
-
7 "
1 1
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-
0 "
4 1
'
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9 "
2 8
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4 "
2 0
'
-
2 "
3 0
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-
7 "1
4 '
-
1 0
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2 0
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-
1 1
"
5' - 10" 74' - 0" 47' - 8"
37' - 5" 30' - 3" 6' - 5"
5(6(/(9
14' - 11" 91' - 2" 15' - 0"
1 4
'
-
4 "
4 5
'
-
5 "
1 4
'
-
2 "
3 2
'
-
1 0
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1 4
'
-
2 "
3 5
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-
9 "

SEISMIC FAULT LINE
$

$

$

$


$

$

$


$

,')
,')
5' - 10" 121' - 1" 7"
7'
-
0 "
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0 "
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-
0 "
7 '
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0 "
1 5
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2 "
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4 "
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5' - 10" 67' - 11" 53' - 9"
37' - 5" 30' - 6"
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75$6+ (/(9$725/2%%<
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14' - 11" 106' - 3"
1 4
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2 "
6 8
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-
4 "
5 5
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5 "

SEISMIC FAULT LINE
6+((77,7/(6+((7180%(5,668('$7(9(1,&(%/9%/26$1*(/(6&$ W
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9 "
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0 "
5' - 10" 74' - 0"
36' - 8" 31' - 3" 6' - 1"
2 8
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9 "
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6 "
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8 "
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7 "
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1 3
5 '
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8 "
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47' - 8"
5(6(/(9
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5(6(/(9
70' - 2" 14' - 4" 10' - 5" 26' - 3"

SEISMIC FAULT LINE
$

$

$

$


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$

$


$

,')
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5' - 10" 121' - 1" 7"
7'
-
0 "
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-
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37' - 5" 30' - 6" 6' - 1"
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70' - 2" 14' - 3" 21' - 8" 14' - 4"

SEISMIC FAULT LINE
6+((77,7/(6+((7180%(5,668('$7(9(1,&(%/9%/26$1*(/(6&$ W
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  7+)/2253/$1
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SOLAR PANEL TRELLIS OVER MECH EQUIP

MECHANICAL EQUIP

MECHANICAL EQUIP
$

$

$


$

$

$


$

5' - 10" 94' - 11" 26' - 10"
7 '
-
0 "
1 3
1 '
-
1 "
3 1
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-
1 0
"
4 4
'
-
8 "
2 1
'
-
3 "
6 5
'
-
2 "
5' - 10" 67' - 11" 53' - 9"
31' - 6" 36' - 6"
4 4
'
-
9 "
1 0
'
-
6 "
5 '
-
1 0
"
84' - 5" 10' - 6"
67$,5
67$,5
3 1
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-
1 0
"
1 3
1 '
-
1 "
7 '
-
0 "
7 0
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-
1 "

SEISMIC FAULT LINE
$

$

$

$


$

$

$


$

6)
%53(17+286( )5(,*+7(/(9
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5' - 10" 94' - 11" 26' - 10"
7'
-
0 "
1 3
1 '
-
1 "
3 1
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-
1 0
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1 5
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-
6 "
1 4
'
-
4 "
1 5
'
-
7 "
1 9
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-
9 "
6 5
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-
1 1
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5' - 10" 74' - 0" 47' - 8"
36' - 8" 31' - 3" 6' - 1"
3 1
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-
1 0
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1 3
1 '
-
1 "
7'
-
0 "
1 0
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-
6 "
5 '
-
1 0
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67$,5
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SEISMIC FAULT LINE
,')
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/,1'(1'5 
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1 





 
  522)/(9(/  
  
7+)/2253/$1
1ST FLOOR
+255.93
2ND FLOOR
+270.93
3RD FLOOR
+285.93
4TH FLOOR
+295.93

TO PARAPET
+461.43

ROOF LEVEL
+457.93
5TH FLOOR
+305.93

ROOF STRUCTURES
+468.93
7<3

7<3

6TH FLOOR
+315.93
7TH FLOOR
+325.93
8TH FLOOR
+335.93
12TH FLOOR
+375.93

HIGHEST POINT
+258.05
3/ 3/ 7<3

7<3

7' - 6" 3' - 6" 12' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 15' - 0" 15' - 0" 200' - 0".
9TH FLOOR
+345.93
10TH FLOOR
+355.93
11TH FLOOR
+365.93
13TH FLOOR
+385.93
14TH FLOOR
+395.93
15TH FLOOR
+405.93
16TH FLOOR
+415.93
17TH FLOOR
+425.93
18TH FLOOR
+435.93
19TH FLOOR
+445.93
7<3

1 CLEAR ANODIZED ALUMINUM WINDOW SYSTEM W/

LOW E GLASS
2 CLEAR ANONODIZED ALUMINUM STOREFRONT3 42" HIGH GLASS GUARDRAIL4 EXTERIOR SMOOTH PLASTER, WHITE5 42" HIGH PARAPET6 METAL PANEL SIDING, WHITE 6+((77,7/(6+((7180%(5,668('$7(9(1,&(%/9%/26$1*(/(6&$ W
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.(<127(6
 
  ($67%8,/',1*(/(9$7,21
1ST FLOOR
+255.93
2ND FLOOR
+270.93
3RD FLOOR
+285.93
4TH FLOOR
+295.93

TO PARAPET
+461.43

ROOF LEVEL
+457.93
5TH FLOOR
+305.93

ROOF STRUCTURES
+468.93
6TH FLOOR
+315.93
7TH FLOOR
+325.93
8TH FLOOR
+335.93
12TH FLOOR
+375.93

HIGHEST POINT
+258.05
3/ 3/
7<3

7<3

15' - 0" 15' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 12' - 0" 3' - 6"
7' - 6"
200' - 0".
9TH FLOOR
+345.93
10TH FLOOR
+355.93
11TH FLOOR
+365.93
13TH FLOOR
+385.93
14TH FLOOR
+395.93
15TH FLOOR
+405.93
16TH FLOOR
+415.93
17TH FLOOR
+425.93
18TH FLOOR
+435.93
19TH FLOOR
+445.93
7<3

7<3

7<3

6+((77,7/(6+((7180%(5,668('$7(9(1,&(%/9%/26$1*(/(6&$ W
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1 CLEAR ANODIZED ALUMINUM WINDOW SYSTEM W/

LOW E GLASS
2 CLEAR ANONODIZED ALUMINUM STOREFRONT3 42" HIGH GLASS GUARDRAIL4 EXTERIOR SMOOTH PLASTER, WHITE5 42" HIGH PARAPET6 METAL PANEL SIDING, WHITE .(<127(6
1ST FLOOR
+255.93
2ND FLOOR
+270.93
3RD FLOOR
+285.93
4TH FLOOR
+295.93

TO PARAPET
+461.43

ROOF LEVEL
+457.93
5TH FLOOR
+305.93

ROOF STRUCTURES
+468.93
6TH FLOOR
+315.93
7TH FLOOR
+325.93
8TH FLOOR
+335.93
12TH FLOOR
+375.93

HIGHEST POINT
+258.05
3/ 3/
7<3

7' - 6"
3' - 6"
12' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 15' - 0" 15' - 0" 7<3

7<3

9TH FLOOR
+345.93
10TH FLOOR
+355.93
11TH FLOOR
+365.93
13TH FLOOR
+385.93
14TH FLOOR
+395.93
15TH FLOOR
+405.93
16TH FLOOR
+415.93
200' - 0".
17TH FLOOR
+425.93
18TH FLOOR
+435.93
19TH FLOOR
+445.93
*$5$*((175<
7<3

7<3

6+((77,7/(6+((7180%(5,668('$7(9(1,&(%/9%/26$1*(/(6&$ W
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  :(67%8,/',1*(/(9$7,21
1ST FLOOR
+255.93
2ND FLOOR
+270.93
3RD FLOOR
+285.93
4TH FLOOR
+295.93

TO PARAPET
+461.43

ROOF LEVEL
+457.93
5TH FLOOR
+305.93

ROOF STRUCTURES
+468.93
6TH FLOOR
+315.93
7TH FLOOR
+325.93
8TH FLOOR
+335.93
12TH FLOOR
+375.93

HIGHEST POINT
+258.05
3/ 3/
7' - 6"
3' - 6"
12' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 15' - 0" 15' - 0" 200' - 0".
7<3

7<3

7<3

9TH FLOOR
+345.93
10TH FLOOR
+355.93
11TH FLOOR
+365.93
13TH FLOOR
+385.93
14TH FLOOR
+395.93
15TH FLOOR
+405.93
16TH FLOOR
+415.93
17TH FLOOR
+425.93
18TH FLOOR
+435.93
19TH FLOOR
+445.93
7<3

7<3

7<3

6+((77,7/(6+((7180%(5,668('$7(9(1,&(%/9%/26$1*(/(6&$ W
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  6287+%8,/',1*(/(9$7,21
1ST FLOOR
+255.93
2ND FLOOR
+270.93
3RD FLOOR
+285.93
4TH FLOOR
+295.93
LEVEL P1
+244.93
LEVEL P2
+234.93

TO PARAPET
+461.43

ROOF LEVEL
+457.93
LEVEL P3
+224.93
5TH FLOOR
+305.93

ROOF STRUCTURES
+468.93

LOWEST POINT
+255.82
6TH FLOOR
+315.93
7TH FLOOR
+325.93
8TH FLOOR
+335.93
12TH FLOOR
+375.93

HIGHEST POINT
+258.05
9TH FLOOR
+345.93
10TH FLOOR
+355.93
11TH FLOOR
+365.93
13TH FLOOR
+385.93
14TH FLOOR
+395.93
15TH FLOOR
+405.93
16TH FLOOR
+415.93
10' - 0" 10' - 0" 10' - 0" 11' - 0" 15' - 0" 15' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 12' - 0" 3' - 6"
7' - 6"
17TH FLOOR
+425.93
18TH FLOOR
+435.93
19TH FLOOR
+445.93
LEVEL P4
+214.93
202' - 0"
3/ 3/
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1 MECHANICAL TRELLIS2 MECHANICAL EQUIPMENT3 ELEVATOR PENTHOUSE4 STAIR PENTHOUSE 





.(<127(6
 
  6(&7,21
1ST FLOOR
+255.93
2ND FLOOR
+270.93
3RD FLOOR
+285.93
4TH FLOOR
+295.93
LEVEL P1
+244.93
LEVEL P2
+234.93

TO PARAPET
+461.43

ROOF LEVEL
+457.93
LEVEL P3
+224.93
5TH FLOOR
+305.93

ROOF STRUCTURES
+468.93

LOWEST POINT
+255.82
6TH FLOOR
+315.93
7TH FLOOR
+325.93
8TH FLOOR
+335.93
12TH FLOOR
+375.93

HIGHEST POINT
+258.05
9TH FLOOR
+345.93
10TH FLOOR
+355.93
11TH FLOOR
+365.93
13TH FLOOR
+385.93
14TH FLOOR
+395.93
15TH FLOOR
+405.93
16TH FLOOR
+415.93
17TH FLOOR
+425.93
18TH FLOOR
+435.93
19TH FLOOR
+445.93
LEVEL P4
+214.93
202' - 0"
15' - 0" 15' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 12' - 0" 3' - 6"
7' - 6"
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1 MECHANICAL TRELLIS2 MECHANICAL EQUIPMENT3 ELEVATOR PENTHOUSE4 STAIR PENTHOUSE 





.(<127(6
 
  6(&7,21
From: CD Planning
To: Olivia Joncich
Cc: Dave Rand; Edgar Arroyo
Subject: Re: Development Plan Review Submittal - 125-129 Linden Dr Date: Tuesday, April 11, 2023 5:37:32 PM
Attachments: image001.png
image.png
Application Receipt - PL2300146.pdf
Hi Olivia:

We are in receipt of the application materials you submitted. Payment of application fees is required for the City to review the submittal.

A copy of the application receipt is attached to this email. You can post payment online by logging into the CitySmart portal at https://www.beverlyhills.org/csportal. Based on the application materials that were submitted, $25,471.86 is due.

Instructions on how to access the portal are provided in the link below:
https://www.beverlyhills.org/departments/communitydevelopment/developmentservices/permitcenter/citysmarttutorials/ If someone else who wasn't listed on the application will be making payment, please let me know and I will add them to the system so that they can access and pay for the project using the payment portal. I'll need their contact information and email address to add them. So far, I've added the following people by email addresses to this project:

If your team would prefer to pay for this with a check, feel free to stop by City Hall during our morning walk-in hours (Monday - Thursday from 8:00am to 10:00am) to pay for the applications fees with our counter permit team. See a Customer Service Representative and present them with a copy of the Application Receipt and check to make payment. If you intend on mailing payment to the City, please address the envelope to my attention.

If you have any questions, feel free to contact me.

Regards,
Edgar Arroyo
Planning Division
Community Development Department
City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA
(310) 285-1141
[email protected]
From: Olivia Joncich <[email protected]>
Sent: Friday, April 7, 2023 5:25 PM
To: CD Planning <[email protected]>
Cc: Dave Rand <[email protected]>
Subject: Development Plan Review Submittal - 125-129 Linden Dr CAUTION: External Sender
Use caution when clicking links or opening attachments
Hello,
Enclosed with this email is the Development Plan Review submittal for the project located at 125-129 S. Linden Drive. This submittal email includes the following:

1. Development Plan Review Application, signed by Leonid (Leo) Pustilnikov.

2. Tenancy In Common Agreement for property ownership entities, showing signatory authority for Leonid Pustilnikov as manager of 9300 Wilshire LLC to sign on behalf of all owner (SOI attached).

3. Attachment “A” – Project Description and Findings

4. Plan Set (Dated 04-07-2023)

5. Email from City of Beverly Hills confirming acceptance and payment of SB 330 Preliminary Application for project

6. Notification Materials (500' radius + block face, with radius map, excel labels, and affidavit) Please confirm receipt of this email and attachments when received.

Thank you,
Olivia Joncich
Senior Planner
Direct: 213.557.2703
Cell: 818.518.4496
633 W. Fifth Street, 64th Floor, Los Angeles, CA 90071
[email protected]
www.rpnllp.com
Please consider the environment before printing this e-mail.

The City keeps a copy of all E-mails sent and received for a minimum of 2 years. All retained E-mails will be treated as a Public Record per the California Public Records Act, and may be subject to disclosure pursuant to the terms, and subject to the exemptions, of that Act.

BA20220242496
Entity Details
Limited Liability Company Name 9300 WILSHIRE LLC
Entity No. 201808110787
Formed In DELAWARE
Street Address of Principal Office of LLC
Principal Address 9744 WILSHIRE BLVD, STE 203
BEVERLY HILLS, CA 90212
Mailing Address of LLC
Mailing Address 9744 WILSHIRE BLVD, STE 203
BEVERLY HILLS, CA 90212
Attention
Street Address of California Office of LLC
Street Address of California Office 9744 WILSHIRE BLVD, STE 203 BEVERLY HILLS, CA 90212
Manager(s) or Member(s)
Manager or Member Name Manager or Member Address
Leonid Pustilnikov 9744 WILSHIRE BLVD, STE 203
BEVERLY HILLS, CA 90212
Agent for Service of Process
Agent Name MARC COHEN
Agent Address 541 S. SPRING STREET, SUITE 1208
LOS ANGELES, CA 90013
Type of Business
Type of Business REAL ESTATE
Email Notifications
Opt-in Email Notifications Yes, I opt-in to receive entity notifications via email.

Chief Executive Officer (CEO)
CEO Name CEO Address
None Entered
Labor Judgment
No Manager or Member of this Limited Liability Company has an outstanding final judgment issued by the Division of Labor Standards Enforcement or a court of law, for which no appeal therefrom is pending, for the violation of any wage order or provision of the Labor Code.

STATE OF CALIFORNIA
Office of the Secretary of State

STATEMENT OF INFORMATION

LIMITED LIABILITY COMPANY
California Secretary of State
1500 11th Street
Sacramento, California 95814
(916) 653-3516
B0812-7003 06/09/2022 3:12 PM Received by California Secretary of State

Page 1 of 2 ends

For Office Use Only
-FILEDFile No.: BA20220242496
Date Filed: 5/19/2022
Electronic Signature
By signing, I affirm under penalty of perjury that the information herein is true and correct and that I am authorized by California law to sign.

Marita Richardsen
Signature
05/19/2022
Date
B0812-7004 06/09/2022 3:12 PM Received by California Secretary of State

Page 2 of 2 ends










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From: Edgar Arroyo
To: Dave Rand
Cc: Olivia Joncich; [email protected]
Subject: 125-129 S. Linden Dr. - Development Plan Review Incomplete Letter and Comments Date: Friday, May 12, 2023 5:07:40 PM
Attachments: 125-129 Linden - Redlined Plans+R.pdf
125-129 S. Linden - Incomplete Letter (PL2300126) 5.12.2023 FINAL.pdf Importance: High
Good Afternoon:

The City has finished the first round of review for your project at 125-129 South Linden Drive.

Attached to this email is the City's Incomplete Letter and a copy of the redlined set of plans.

If you have any questions, feel free to contact me.

Regards,
Edgar Arroyo
Senior Planner
Community Development Department
City of Beverly Hills
455 North Rexford Drive
Beverly Hills, CA 90210
Office: (310) 285-1138 | Fax: (310) 273-0972
E-mail: [email protected]
The City keeps a copy of all E-mails sent and received for a minimum of 2 years. All retained E-mails will be treated as a Public Record per the California Public Records Act, and may be subject to disclosure pursuant to the terms, and subject to the exemptions, of that Act.

ATTACHMENT C - FIRST INCOMPLETE LETTER

1 Edgar Arroyo, Senior Planner
Community Development Department
SENT VIA EMAIL May 12, 2023
Dave Rand
Rand Paster & Nelson LLP
633 W. Fifth Street, 64th Floor
Los Angeles, CA 90071
[email protected]
RE: 125 – 129 South Linden Drive – Development Plan Review for Mixed Use Development (PL2300126) Dear Mr. Rand:

Staff has reviewed your application and materials for the Development Plan Review submittal on April 14, 2023, for the proposed construction of a new mixed-use development at 125-129 South Linden Drive. The subject properties are located in the City’s R-4, Multiple Residential Zone, and High Density Multi-family residential General Plan land use designation. At this time, the application has been deemed incomplete for the reasons set forth below, and the previously filed Preliminary Application relating to the project site is deemed to be of no further effect due to changes in the project. Further, additional applications for amendments to the City’s General Plan and zoning ordinances are required to enable processing of the proposed project.

1. Preliminary Application
On October 24, 2022,
1 the property owner (9300 Wilshire LLC) submitted a Preliminary Application pursuant to Government Code Section 65941.1 (the PA) for a housing development to vest the rights of a project under the ordinances, policies, and standards adopted and in effect at the time that the preliminary application was submitted. Thereafter, on April 14, 2023, the property owner submitted a formal Development Plan Review (DRP) application for a housing development project, which was within 180 days of the PA submittal date noted above as required to maintain the validity of the PA.

The project that was submitted as part of the PA (the PA project) consisted of a residential-only project that included 200 dwelling units within a 259,547 SF, 16-story building. The building was proposed with a height of 170’ and included 124 parking spaces within a four-level subterranean parking structure.
1 Although the Preliminary Application was submitted on Friday, October 21, 2022, the fees for the application were paid after hours, thus the submittal date is considered to be Monday, October 24, 2022.

2 The project for which the DPR application was submitted (the DA project) is substantially different from the project for which the PA was submitted. The DPR plans submitted entail a mixed-use development that includes 165 dwelling units and a 73-room hotel and hotel restaurant within a 311,197 SF, 19-story building. The building contemplated in the DPR application is now proposed with a height of 200’ and includes 126 parking spaces within a four-level subterranean parking structure.

Pursuant to Govt. Code Section 65941.1 (a):
“An applicant for a housing development project … shall be deemed to have submitted a preliminary application upon providing all of the following information about the proposed project to the city … from which approval for the project is being sought and upon payment of the permit processing fee: ….” (Emphasis added.)
The information required in a preliminary application includes “[t]he proposed land uses by number of units and square feet of residential and nonresidential development using the categories in the applicable zoning ordinance.” (Govt. Code Sec. 65941.1(a)(4). (Emphasis added.)) The description of the proposed land uses included in the PA’s proposed project made no mention of any hotel or restaurant use or, for that matter, any other commercial or non-residential uses, and did not contemplate a mixed use project. The PA described the proposed land uses only as follows: “The proposed project will include 200 residential dwelling units in 259,547 (gross) sq. ft .” The DPR application, however, describes a very different project:
“The project consists of the construction of a new 19-story mixed use, multifamily residential and hotel building, with 165 rental apartment units (including 33 affordable housing units) and ancillary residential spaces, 73 hotel rooms and ancillary hotel spaces, and 126 parking spaces.”
Based on the introduction of the new hotel use in the DPR project, which was not contemplated in the PA project, the Department concludes that the DPR project submittal is for a project different from the PA project. Because the DPR project is substantially different from the project described in the PA, the Department concludes that the DPR application, although filed within 180 days of the filing of the PA, is not sufficient to meet the filing requirement of Govt. Code Section 65941.1(d)(1). Therefore, the Department finds that the PA has expired and is of no further force or effect.

2. General Plan Amendment and Zoning Amendment Applications Required The proposed DPR project does not conform to the City’s General Plan and various provisions of the City’s zoning code. These deviations include, but are not limited to that:

3 • Neither a hotel nor a mixed residential/commercial use project is a permissible use in either the High Density Multifamily Residential General Plan land use designation or the R-4 zoning applicable to the project site.
• The proposed height exceeds the maximum permissible heights allowed in the General Plan and R-4 zoning
• The proposed residential density exceeds the maximum allowed density on the site.

The substantial deviations from the General Plan and applicable R-4 zoning and related ordinance contemplated by the DPR project must be analyzed and processed pursuant to the City’s procedures, and nothing in the Housing Accountability Act (Govt. Code Sec. 65589.5.) divests the City of its authority to require an applicant to follow the City’s procedural and administrative requirements.

Thus, in order to process the DPR project application, the applicant must also submit applications for amendments to the City’s General Plan, and zoning ordinances and/or map for concurrent processing.

The applications for the respective amendments must clearly describe each of the amendments that are necessary to enable the proposed DPR project, including the land use designation and zoning so as to accommodate the mixed use and hotel uses, which are prohibited in the General Plan land use designation and R-4 zone in which the property is located. Further, the amendment applications must address any other necessary changes to related development standards with which the proposed DPR project does not comply, including but not limited to height, density, setbacks, and other standards as described in more detail below.

Following the proper amendment process, in addition to the DPR process, is critical to, among other considerations, ensuring that the due process rights of surrounding property owners are respected, and that those property owners may participate in the proceedings, including required public hearings, should they so choose.

3. Land Use – Sheets A01, A06, A07, A14, A15, A16, A28, and A29 The project site is located within the City’s R-4 Zone, and the High Density Multi-family Residential General Plan land use designation. BHMC Sections 10-3-1202 and 10-3-1203 detail the types of permitted and conditionally permitted uses within the R-4 Zone. As proposed, the DPR project2 consists of a mixed-use development that includes 165 dwelling units and a 73-room hotel and hotel restaurant. While residential development is permissible within the R-4 Zone and the High Density Multi-family Residential General Plan land use designation, subject to the applicable development standards, as noted above, mixed-use developments, including hotel and hotel restaurant uses, are not permissible in the R-4 Zone or the High Density Multi-family Residential General Plan land use designation.

Revise the project to remove commercial uses in the project or, as noted above, submit Zone Change and General Plan Amendment applications to seek consideration of the project, as well as the regulations within the R-4 Zone that do not facilitate the type of proposed mixed-use development. 2 Hereafter, the word “project” refers to the DPR project, unless otherwise noted.

4 4. Density – Sheet A01
The proposed project includes the development of 165 dwelling units on a 21,676.05 square-foot (SF) project site. The application materials submitted for this project note that the proposed project is not a density bonus project and is not seeking incentives, concessions, and/or waivers, or any subdivision which may be contemplated to separate the hotel uses from the residential uses. Specifically, as to density bonus, the PA specifically says “The project does not include a density bonus request under State Density Bonus Law”.

The City’s General Plan details the applicable density requirements for multi-family properties in the city. The applicable density for properties located in Multi-family Residential High Density Area is 50 dwelling units per acre (or 1 unit for every 871.2 SF of lot area). As such, the applicable density requirements would facilitate 25 dwelling units on the project site (21,676.05 / 871.2 = 24.88 units).

Fractional figures are rounded up to the nearest whole number.

As designed, the project exceeds the maximum number of allowable units by over 140 dwelling units.

Revise the project with a reduction in proposed units to comply with applicable density requirements.

Alternatively, the project may seek additional dwelling units above the otherwise applicable requirements by applying for a Density Bonus Permit. A density bonus project would be reviewed in compliance with applicable state density bonus law requirements.

Should the density of the project not be revised to comply with code requirements or pursuant to a density bonus proposal, the project as designed would require a zone change and general plan amendment, as noted above, because the project currently exceeds all applicable development standards for multi-family development in the City’s R-4 Zone and does not conform with the City’s General Plan.

5. Minimum Floor Area for Dwelling Units – Sheet A01 and Sheets A16 through A23 BHMC Section 10-3-2802 details the applicable minimum dwelling unit requirements for new development on properties located within the City’s R-4 Zone. The applicable minimum dwelling unit size are as follows:
• Studio/Efficiency Unit: Minimum floor area of 600 SF
• One Bedroom Unit: Minimum floor area of 1,000 SF
• Two Bedroom Unit: Minimum floor area of 1,300 SF
• Three Or More Bedroom Unit: Minimum floor area of 1,500 SF In review of the set of plans, the residential portion of the project consists of 165 dwelling units with a mix of 13 studio, 59 one-bedroom, and 93 two-bedroom units. As noted on Sheet A01, the average size of a studio unit is between 450 SF and 486 SF, the average size of a one-bedroom unit is between 652 SF and 658 SF, and the average size of a two-bedroom unit not located on the penthouse level (19th floor) is between 892 SF to 970 SF. As such, these units do not appear to provide the applicable minimum floor area for an efficiency, one-bedroom, or two-bedroom unit. Revise the project and design of each unit to provide the minimum floor area required.

5 6. Outdoor Living Space – Sheets A01, A08, and A09
a. Required Outdoor Living Space – BHMC Section 10-3-2803 details the applicable open space requirements for new development on properties located within the City’s R-4 Zone. Pursuant to this section, 200 SF of outdoor living space is required per dwelling unit. The required outdoor living space can be provided as private outdoor living space with a minimum dimension of 6’-0” on all sides, or as common outdoor living space with a minimum dimension of 15’ on all sides.

While the proposed development of 165 dwelling units exceeds the density allowed for the project site, should the applicant seek a zone change/general plan amendment to facilitate the project, the project would need to provide 33,000 SF of open space. As provided on the Open Space tables on Sheets A01, A08, and A09, the proposed project is proposing 18,228 SF of open space, which is approximately 14,772 SF less than what is otherwise required. Revise the project to provide the applicable area of outdoor living space per unit.
b. Outdoor Living Space Dimensions – Pursuant to BHMC Section 10-3-2803, outdoor living space can be provided as private outdoor living space with a minimum dimension of 6’-0” on all sides, or as common outdoor living space with a minimum dimension of 15’ on all sides. Based on the Open Space tables provided on Sheets A08 and A09, it appears that the project is providing open space in both common and private outdoor living areas. While the 18,228 SF of proposed outdoor living area is not sufficient to meet the required outdoor living space required per unit (33,000 SF of outdoor living space is required for 165 dwelling units), the open space diagrams provided do not include any dimensions to show that the minimum outdoor living space dimensions are being provided. Revise the open space diagrams to include the dimensions of each proposed common and private outdoor living space areas. Each area shall provide the minimum dimensions required to count toward the required outdoor living space.
c. Number of Dwelling Units – The number of dwelling units noted on the Open Space tables provided on Sheets A01, A08, and A09 do not match the number of units proposed for the project.

The Open Space tables show that 171 dwelling units are proposed, while the plans for the project show a total of 165 dwelling units proposed. Revise the tables according to reflect the correct number of proposed units. Revise the amount of required open space to reflect the correct unit count.

7. Building Height – Sheets A01, A11, A24, A25, A26, A27, A28, and A29 a. Maximum Allowable Height – The project site is comprised of two properties located within the City’s R-4 Zone. BHMC Section 10-3-2804 details the applicable height requirements for properties located in the R-4 Zone. The first property at 125 S. Linden Drive is located within Height District C, which allows for development up to five (5) stories with a maximum height of 55’. The second property at 129 S. Linden Drive is located within Height District B, which allows for development up to four (4) stories with a maximum height of 45’.

In review of the project plans, the new development is designed with 19 stories and at a height of approximately 200’ tall. As designed, the portion of the project located in Height District B exceeds

6 the maximum allowable height by 155’. Similarly, the portion of the project located in Height District C exceeds the maximum allowable height by 145’. Reduce the height of the proposed project to conform to the maximum allowable height for each applicable height district. b. Height of Rooftop Elements – Call out the height of all proposed rooftop elements on all sections and elevations, including the height of the proposed rooftop elevators, rooftop stairs, mechanical equipment screening, and any unoccupied architectural features (e.g., rooftop trellises and similar).

The rooftop elements shall comply with the maximum heights detailed under the definition of "Height of Building" for Multiple-Family Residential Zones in BHMC Section 10-3-100, as provided below, otherwise these features shall not be exempt from height and shall be counted toward the overall height of building:
• Structures enclosing elevator equipment and/or elevator lobbies if such structures are not higher than fifteen feet (15') above the adjacent roof deck and are not larger than the shaft of the elevator or elevators and their respective lobby areas. • Structures enclosing stairs required by law to be carried to the roof if such enclosing structure is used for no other purpose than enclosing the stairs and is no larger than the stair shaft below and if such enclosure is not more than twelve feet (12') in height as measured from the adjacent roof deck.
• Penthouse structures used exclusively for mechanical equipment for the building or structure if such penthouse structure is not more than ten feet (10') in height as measured from the adjacent roof deck.
• Parapets or handrails not more than forty-five inches (45") in height as measured from the roof or floor which they surround.
c. Mechanical Equipment Screening – Show the proposed rooftop mechanical equipment screening on all sections and elevations, as the proposed screening is not shown on the sections and elevations provided. Pursuant to BHMC Section 10-3-100 (Height), the max height is 15'-0" for mechanical equipment penthouses and enclosures.

8. Alley Dedication – Sheets A11 through A29
As required by the City’s Street Master Plan, a 2’-6” dedication is required along the north side and rear of the project site for widening of the existing 15’ alley to improve vehicular circulation. (See also BHMC Section 10-6-2, regarding street dedication and improvement requirements.) This dedication area needs to be shown on all details of the set of plans. Additionally, any required property setback shall be measured from the adjusted property line, post-alley dedication.

Show the required 2’-6” alley dedication area on all details of the set of plans, including on site plan, floor plans, and all sections and elevations provided. Adjust the location of the property lines adjacent to the required dedication areas accordingly.

7 9. Setbacks – Sheets A01 and A11 through A29
a. Front Setback – The applicable front yard setback for the project site is 15’-0”. As designed, portions of the proposed building located above ground level would encroach into the required setback.

As proposed, complete sections of the building on almost every floor level appear to encroach into the required front yard setback, with a seven-inch (7”) setback shown on the site plan provided on Sheet A11 of the set of plans. Such building encroachment is not permissible within the front yard setback area.

Revise the project to provide the applicable 15’-0” front setback for the project. b. Side Yard Setbacks – BHMC Section 10-3-2807 details the applicable side yard setbacks for properties located within the City’s R-4 Zone. Pursuant to this section, the development of a project with more than four (4) stories or greater than 45’ in height shall be subject to a cumulative setback of 23’-0’, with a minimum setback of at least 9’ required on one side. When a project is subject to a dedication of land required for improving and widening existing alleys adjacent to the project site, the required setback shall be measured from the adjusted property line post-alley dedication.

As proposed, complete sections of the building on most floor levels appear to encroach into the required side setback, with a 7’-0” side setback provided to the north and an 11’-0” side setback provided to the south. The 18’-0” cumulative setback does not appear to meet the applicable cumulative setback of 23’-0’ required for a project that exceeds four stories and 45’ in height.

Similarly, the 7’-0” setback shown on the north side does not appear to meet the minimum side setback required for properties in the R-4 zone. Revise the project to provide the required minimum and cumulative side yard setback.
c. Rear Setback – BHMC Section 10-3-2808 details the applicable rear yard setback for properties located within the City’s R-4 Zone. Pursuant to this section, a setback of 15’ is required for all new development in the R-4 zone. When a project is subject to a dedication of land required for improving and widening existing alleys adjacent to the project site, the required setback shall be measured from the adjusted property line post-alley dedication.

As proposed, sections of the building on several floor levels appear to encroach into the required rear setback, with a portion of the building designed with a 2’-6” rear from existing property lines.

Revise the project to provide the applicable 15’-0” rear yard setback to the project. d. Setbacks Throughout Plan Set - Show all applicable front, side, and rear setback lines on the site plan, floor plans, sections, and elevation on the set of plans. These details are missing from several sheets of the plan set.
e. Garage Encroachment in Front Setback – Pursuant to BHMC Section 10-3-2811, basement garages are allowed to encroach into the front yard setback area. However, as designed, the portion of the basement garage built into these setback areas needs to be 2'-0” lower than the grade of the adjacent

8 sidewalk. Additionally, that 2'-0” depression shall be used to provide planting areas within the front yard setback area.

As shown on Section 2 on Sheet A29, the portion of the basement garage within the front yard setback is currently designed to be at the same level as the adjacent sidewalk along South Linden Drive, which is not permissible. Revise the design of the basement garage that encroaches into the front yard setback area so that it is 2'-0” lower than the adjacent sidewalk along South Linden Drive. f. Modulation – BHMC Section 10-3-2806 details the applicable front modulation standards for properties located within the City’s R-4 Zone. In review of the set of plans provided, no details were included as to the amount of front building modulation provided for the project. As a separate exhibit to the set of plans, provide front modulation diagrams showing the required amount of modulation required and the modulation proposed for the project. Additionally, the diagrams shall show the depth of the modulation provided per floor and calculations for the aggregate principal building area.

Adjust the project design accordingly to provide the applicable front modulation for the project pursuant to BHMC Section 10-3-2806.

10. “NO BUILD ZONE” Area – Sheets A12 and A13
In reviewing the Fault Rupture Hazard Investigation dated October 7, 2020, previously prepared for the project site, several active earthquake faults were discovered on the properties at 125 and 129 S. Linden Drive. The “Structural Setback Plan” on Page 60 of the document establishes a “NO BUILD ZONE” where no portion of a habitable structure could be built.

Please show this no build zone area on the site plans and floor plans provided for the first floor and every subterranean level of the project to ensure that the proposed building does not encroach into the NO BUILD ZONE.

11. Front Yard Paving – Sheet A14
BHMC Section 10-3-2813 details the applicable front yard paving standards for properties located within the City’s R-4 Zone. Pursuant to this section, no portion of any front yard within the R-4 Zone shall be paved, except for not more than one walkway not exceeding five feet (5') in width and one driveway not exceeding the width of its curb cut. Based on the design provided on Sheet A14, the project includes a paved courtyard and walkway to the north side of the property. No driveway paving is proposed within the front yard setback area. Together, these walkways exceed the maximum allowable width for walkways located in the front yard setback area.

Revise the design of the paving proposed in the front yard setback area to include one (1) walkway that does not exceed 5’ in width. Additional walkways not exceeding 5’ in width may be permissible as detailed in BHMC Section 10-3-2813.

9 12. Site Walls and Fences – Sheet A11
Show all proposed site fences and walls on the site plan for the project. Provide additional details and sections on the set of plans showing the design and height of any proposed fences and walls. All site fences and walls shall be designed in conformance with the applicable fence/wall standards provided in BHMC Section 10-3-2814.

13. Parking – Sheets A01, A12 and A13
a. Residential Parking – BHMC Section 10-3-2816 details the applicable parking standards for properties located within the City’s R-4 Zone. Pursuant to this section, the project shall provide the following number of parking spaces per dwelling unit type:
• One (1) parking space shall be provided for each multiple-family dwelling unit that is an efficiency unit of less than one thousand (1,000) square feet. • Two (2) spaces shall be provided for each multiple-family dwelling unit that contains one bedroom.
• Two and one-half (2 ½) parking spaces shall be provided for each multiple-family dwelling unit that contains two (2) bedrooms.

In review of the set of plans, the residential portion of the project consists of 165 dwelling units with a mix of 13 studio, 59 one-bedroom, and 93 two-bedroom units. Based on the unit mix proposed, 364 parking spaces would be required for the 165 dwelling units proposed. The total number of required parking spaces will be confirmed once floor plans of the residential portion of the project are provided to confirm an accurate bedroom count. As the project is only designed with 127 parking spaces, the project does not conform to the applicable parking standards. As provided on the set of plans and application materials, this project is not a density bonus project and thus is not eligible for the reduced parking standards under state density bonus provisions.

Revise the project to provide the required number of parking spaces. b. Guest Parking – BHMC Section 10-3-2817 details the applicable parking standards for properties located within the City’s R-4 Zone. Pursuant to this section, guest parking shall be provided for the project at a ratio of 0.25 spaces/unit. As proposed, a project with 165 dwelling units would be subject to 42 guest parking spaces (41.25 rounded up to the nearest whole number).

Revise the project to provide the required number of guest parking spaces. Clearly call out which parking spaces for the project are being allocated for only guest parking. c. Hotel and Hotel Restaurant Parking – While previously noted that the hotel and hotel restaurant uses proposed for this project are not permissible within the R-4 Zone, should the applicant seek a Zone Change/General Plan Amendment to facilitate the proposed commercial uses, such uses shall be designed in compliance with the applicable parking requirements detailed in BHMC Section 10- 3-2730. Such parking shall be provided on-site.

10 Based on the plans provided, a 73-room hotel would require 73 parking spaces (1 space/room).

Additionally, the proposed 3,497 SF hotel restaurant would require 14 parking spaces (1 space/350 SF for first 3,000 SF – 1 space/100 SF for portion over 3,000 SF). However, 25% of the spaces required to be provided for the hotel may also be applied toward the hotel restaurant, which can provide a credit of approximately 19 parking spaces for hotel restaurant use.

As designed, the parking garage for the development does not currently provide any parking for the commercial uses of the project. Each space is labeled as “RES”, implying that the parking spaces are reserved for the residential uses of the project and not available to service the proposed hotel and hotel restaurant uses. Should the applicant seek a Zone Change/General Plan Amendment for consideration of this project, parking for the proposed hotel and hotel restaurant uses shall be provided on-site.
d. Parking Stall Dimensions – The City’s parking standards require all parking spaces provided for a project to be provided in standard configuration, with a minimum parking stall width of 9’-0” and a length of 19’-0”. Compact parking stall dimensions are not allowable for any required parking stall associated with the residential use of the property. However, pursuant to BHMC Section 10-3- 2727, the proposed hotel use may provide up to 25% of the required parking as compact parking stalls and through tandem spaces as part of a Conditional Use Permit.

In review of the set of plans, the subterranean parking structure includes compact parking stalls on each of the four levels for the residential uses, which is not permissible. No parking appears to be specifically provided for the commercial hotel and hotel restaurant uses proposed for the project.

Revise the design of the parking garage to include standard parking stalls with the minimum required stall width and length and remove compact stalls for the residential uses. Provide the required parking for the hotel and hotel restaurant uses. e. Parking Aisle Depth – The minimum aisle width required for parking spaces provided at a 90 degree angle is 26’-0” per the City’s parking standards. The drawings prepared for parking levels P1 - P4 show that a 24’-0” parking aisle is proposed where parking spaces are provided with a 90 degree turning angle.

Revise the design of the parking aisle width to provide the 26’-0” wide minimum aisle width. f. Garage Encroachment into Alley Dedication Area – As designed, the basement garage would encroach into the 2’-6” alley dedication area required along the north side and rear of the property.

The garage cannot encroach into the required alley dedication area. Revise the design of the parking garage so that no portions of the building encroach into the required alley dedication areas. g. Replacement Parking for 9740 Wilshire Blvd - The project site at 129 S. Linden Drive is currently improved with a surface parking lot that provides required parking for the commercial office building located at 9740 Wilshire Blvd. The original building plans for the commercial building at 9740 Wilshire Boulevard show that the surface parking lot at 129 S. Linden Drive was designed with

11 diagonal parking for 50 vehicles. To facilitate this, a parking covenant was filed with the city and recorded on August 12, 1957, against the properties at 9740 Wilshire Blvd and 129 S. Linden Drive to provide a portion of the required parking off-site. The use of the 129 South Linden Drive site for commercial parking purposes was approved through Variances issued by the City Council in 1941 and 1958 (City Council Resolution Nos. 1061 and 2841).

In review of the project, 126 parking spaces would be provided for the residential portion of the project. No parking is specifically provided for on the set of plans for the proposed the hotel and hotel restaurant uses. Additionally, the plans for the project and the application materials do not address how the required covenanted parking for 9740 Wilshire Blvd would be replaced.

However, Pursuant to BHMC Section 10-3-2737, it is not permissible to locate parking required for a commercial use or commercial property on a site that is zoned for residential land uses. As it pertains to the replacement parking for 9740 Wilshire, the replacement parking would either need to be provided on an alternative site zoned for commercial uses, or the applicant would need to seek a code amendment to allow for replacement of the required parking within this new development. As previously noted, in addition to the parking required for the proposed project, a total of 50 parking spaces will need to be provided as replacement parking for the 9740 Wilshire site because the new development is proposing the removal of the existing covenanted parking required for the development on that property.

14. Loading – Sheets A06 and A14
a. Number of Loading Spaces Required – BHMC Sections 10-3-2740 thought 10-3-2743 detail the applicable loading space requirements. Based on the area schedule provided on Sheet A06, approximately 48,034 SF of floor area is proposed for use as hotel and hotel restaurant on the first and second floors. Pursuant to BHMC Section 10-3-2741, the number of loading spaces required for the proposed commercial floor area is three (3) truck spaces. Each truck loading space shall have a minimum length of 35’, width of 12’, and overhead clearance of 10’.

As proposed on Sheet A14, the project is designed with what appears to be one (1) loading space accessed from the alley that is 12’ wide by 30’ long. This single loading space provided does not appear to comply with the number of loading spaces required for the project or the minimum dimensions required for a truck loading space.

Revise the project to provide the applicable number of loading spaces at the required minimum dimensions.
b. Loading Study – Provide a loading study that evaluates the loading demands of the proposed project and determines the adequacy of the loading areas proposed. The loading study shall also study vehicle maneuverability into the proposed loading areas, particularly truck maneuverability for accessing the loading space located adjacent to the alley at the rear, as it appears difficult to maneuver a truck in the alley due the existing width. The existing alley measures 15’ in width, but would be widened to 17’-6” feet once the project dedicates land along the alleys.

12 c. Location of Loading Spaces – Pursuant to BHMC Section 10-3-2742, when a project site or structure abuts an alley, access to loading spaces shall be provided from the alley. Alley accessed loading spaces shall be parallel to the alley unless the project applicant establishes one of the following:
• Site constraints preclude construction of a parallel loading space or spaces; or, • The alternative loading space configuration proposed by the project applicant meets the functional requirements of the code.

As currently designed, the loading space provided on Sheet A14, is perpendicular to the alley instead of parallel to it. Revise the project to include the required loading spaces in compliance with BHMC Section 10-3-2742. If this cannot be achieved and the applicant is seeking an alternative configuration, provide findings as noted above detailing site constraints and how the alternative loading space will meet the functional requirements of the code. d. Maneuvering – Pursuant to BHMC Section 10-3-2740, loading spaces shall be directly accessible for the distribution of goods within the structure or use. For multi-story structures, such access shall be direct to an elevator or stairway serving all stories, and in this case, all stories of the hotel and hotel restaurant. In order to meet the functional requirements, loading spaces shall have a minimum maneuvering area as specified in the MINIMUM STANDARDS FOR LOADING SPACES table in BHMC Section 10-3-2740. Said maneuvering area shall be contiguous to the end of the loading space and may include the width of the alley or street.

Provide maneuvering diagrams showing truck ingress and egress to the loading spaces provided for the project.

15. Survey – Sheet A10
a. Scale of Plan – In review of the survey provided on Sheet A10, the drawing does not appear to match the scale noted on the plan sheet. When several site features with dimensions are measured at the noted scale (1” = 10’), the dimensions scale out to less than what are noted on the survey. Provide a survey that is drawn to the scale noted on the plan sheet. b. Survey Legibility – The survey provided appears to be scanned from an original of that document and placed on the set of plans. As such, the details and dimensions provided are pixelated and not very legible. Provide a survey that is clear, legible, and not pixelated. c. Surveyor’s License Expiration – The survey provided notes that the surveyor’s license expired on 12/31/2020. Provide an updated survey with an updated expiration date of the surveyor of record.

16. Title Report – Sheet A10
Provide a Title Report of the project site to verify whether any easements exist on the properties at 125 and 129 S. Linden Drive. The survey provided on Sheet A10 notes that there are no easements on the

13 project site, “per referenced preliminary title report.” However, a copy of this title property was not provided. Provide a title report of the project site with project resubmittal.

17. Elevations and Renderings – Sheets A00, A02, A03, A04, A24, A25, A26, and A27 Revise the elevations and renderings provided for the project, as required, to address the corrections and comments provided in this review letter and the redlined set of plans.

18. Floor Plan Layouts for Dwelling Units – Sheets A16 through A23 Provide floor plans layouts for each of the proposed dwelling units in the project. The floor plans provided only have a call out to the number of bedrooms in each unit, but the layout of each unit is not provided. The floor plans shall show the proposed kitchen, bathroom, bedroom, and living area of each of the proposed dwelling units.

19. Rubbish Storage – Sheet A14
BHMC Section 9-3-1 details the applicable rubbish storage standards for residential and commercial development. As proposed, the project would include a 592 SF trash room located in the first floor of the building, adjacent to the alley at the rear. However, calculations were not provided on the set of plans or in the application materials to demonstrate that the proposed trash room is of sufficient size to accommodate the anticipated demand for waste generated by the project site.

Provide calculations pursuant to BHMC Section 9-3-1 showing the anticipated amount of rubbish that would be generated by the project and the size of the rubbish/trash room needed to accommodate the projected waste quantities that would be generated by the project.

20. Landscape Plans – Not Provided
Provide landscape plans of the proposed project with resubmittal. The landscape plans shall show all proposed landscaping improvements on the project site and in the public right-of-way.

21. Environmental Review
Once all major corrections have been addressed and complete applications have been submitted, the City will review the proposal to determine what review may be required pursuant to the California Environmental Quality Act (CEQA). The applicant will be responsible for paying the the costs for the preparation of any required environmental document, including but not limited to the costs of any consultants as may need to be retained by the City.

22. Low Impact Development (LID)
Pursuant to BHMC Section 9-4-508, the City’s Low Impact Development (LID) requirements are applicable to new developments projects.

As you progress with the design of the project, review the applicable LID requirements and incorporate them into your project and set of plans. This will ensure that the project, as designed, can accommodate the required LID provisions early on and will reduce or eliminate any changes needed once the project is submitted for building plan check.

14 A copy of the Low Impact Development (LID) Fact Sheet is available for download from the City’s website using the following link:
http://www.beverlyhills.org/cbhfiles/storage/files/1266023136723167408/ChecklistforLIDRequiremen tsFINAL(6).pdf
For question related to LID requirements, please contact Trevor Alsop at 310-288-2837 or by email at [email protected].

23. Shade and Shadow Study
Provide a shade and shadow study for the proposed project. Diagram the shadows from the proposed structure during the winter and summer equinoxes, from 6:00 A.M. to 9:00 P.M., at three-hour intervals. The study shall show adjacent properties and the projected shadow on those properties during the noted intervals.

24. Rooftop Operations Plan
Provide the following information for all enclosed and unenclosed rooftop areas proposed:
• Indicate the types of uses proposed for all enclosed and unenclosed rooftop areas. • Indicate the proposed hours of operation of all enclosed and unenclosed rooftop areas. • Indicate whether the rooftop area will be used exclusively by the residential portion of the project or if hotel rooftop access will be provided.
• If the hotel will have access to the rooftop, indicate the type, frequency (yearly, monthly, daily, etc.) of rooftop events, appointments, etc.
• If the hotel will have access to the rooftop, indicate maximum occupancy anticipated for each type of event.

25. Arborist Report
Provide an Arborist Report detailing all existing trees located within adjacent public right-of-way along South Linden Drive. The arborist report shall also detail all proposed removal and/or installation of new trees in the public right-of-way.

26. Transportation/Traffic Studies
Pursuant to the City’s Local Transportation Assessment Guidelines adopted by Planning Commission Resolution No. 1901, the following transportation/traffic studies are required:
a. Transportation Impact Analysis – Based on the City’s screening criteria, the project does not appear to be screened out from providing a Transportation Impact Analysis. Please provide a Transportation Impact Analysis that evaluates potential Vehicle Miles Traveled (VMT)-related impacts associated with the proposed Project.
b. Local Transportation Assessment – For projects that generate over 75 peak hour trips, a local transportation assessment/traffic study shall be required using Level of Service (LOS) metric to evaluate signalized and unsignalized intersection operation and use the percentage increase in

15 traffic volumes to evaluate impacts on local residential streets. Analyzed locations should primarily consist of major signalized intersections that are likely to be affected by the project. Additionally, the study area should also look at roadways providing access to the project site, such as the roadway(s) containing the project’s primary driveway or secondary access point, or the intersection(s) immediately adjacent to the project site along with the surrounding area. Such report shall be prepared by the applicant and submitted to the City for review and comment by the City’s Traffic Engineer.

27. Transportation and Trip Reduction Measures
Pursuant to BHMC Section 10-7-301, the applicant is required to incorporate various measures to provide for transportation demand management and trip reduction. As the project appears to provide more than 50,000 SF of gross floor area for commercial uses, the applicant shall incorporate all required measures into this project, which includes but is not limited to, providing bicycle parking, spaces reserved for vanpool, and information on rideshare and public transit opportunities.

Revise the project to incorporate the applicable transportation and trip reduction measures accordingly.

28. Geotechnical/Soils Report
Provide a geotechnical/soils report for the project and project site. The geotechnical/soils report shall evaluate the proposed project and provide recommendations for the construction of the proposed building based on existing soil conditions. The report should also address the site-specific fault issues and constraints.

29. Construction Management Plan
Provide a construction management plan that provides relevant project construction details, including but not limited to:
• Anticipated timelines for the different construction phases of the project (e.g., demolition, grading, shoring and excavation, construction of the basement, foundations, and above grade work).
• Proposed locations for the staging of construction materials and equipment. • Anticipated closures of any right-of-way area (alley/street) and timelines for such closures.

30. Noise Study
Provide a noise study of the project to evaluate projected construction noise and noise levels anticipated post-construction with the proposed rooftop outdoor living space uses.

31. Metro Adjacent Development Review
The project site is located within close proximity to the upcoming Metro Purple (D Line) subway, which is currently under construction. The subway line is projected to run under Wilshire Boulevard and travel southwest to a station located in Century City, potentially under the project site. To ensure safety, developers, utility companies, and other third parties must consult with Metro for development,

16 construction, and maintenance activities occurring within 100 feet from Metro right-of-way (ROW) and other real estate assets.

For information on how to request and obtain Metro Adjacent Development Review, please contact Metro’s Development Review Team at (213) 418-3484 or by email at [email protected]. Additional information can be obtained by visiting https://www.metro.net/about/adjacent-development-review/.

32. Public Works Stormwater/Environmental Compliance/Sustainability Comments Below are Stormwater/ Environmental Compliance/ Sustainability comments provided by the Public Works Department:
• Project to use available 100% renewable energy from local utilities. • Sewer system capacity requirement. Require hydraulic modeling to assess sewer capacity issues for the development. Improvement to wastewater system if it impacts sewer system flow. • If permanent dewatering system is needed, design the project to re-use groundwater for nonpotable water systems as required pursuant to BHMC Section 9-4-610.B.2. All ground water discharges must have a permit (NPDES) from the Regional Water Quality Control Board and may require a permit from the City of Beverly Hills.
• Appropriate number of approved Meter Service Protection backflow prevention assemblies for Domestic, Irrigation and Fire Meters required.
• Must implement Low Impact Development (LID) meeting requirements of LID ordinance to mitigate stormwater runoff.
• The applicant is required to install a grease interceptor for food service establishment use.

Grease interceptor design shall meet the Los Angeles County Public Works Industrial Waste Program requirements. Placement should be accessible for maintenance operation. • Water discharged from a loading dock and trash enclosure shall be directed through grit/oil separator. A loading dock is not to be confused with a loading zone or designated parking space for loading and unloading.
• Organic residuals from daily operations and water used to wash trash rooms cannot be discharged to surface public right of way.
• Condensate from HVAC and refrigeration equipment shall drain to the sanitary sewer, not curb drains.

For questions regarding these comments, please contact Trevor Alsop, Environmental Compliance Inspector, at (310) 288-2837 or by email at [email protected].

33. Building and Safety – Building and Technical Code Comments Below are comments provided by Building and Safety regarding compliance with applicable building and technical codes:
• These comments reflect high-level conceptual review comments. Complete code compliance review will be forthcoming upon plan check submittal.
• The review comments are in accordance with 2022 California Building Code and its references.

17 • General contractor must submit Construction Management Plan for review and approval prior to any building permit issuance. The plan needs to address how to the building to be built including demolition, excavation, shoring, access to site for ingress and egress, haul route, tower crane if needed, pedestrian protection, sanitary facilities, a temporary or permanent stairway, standpipe, fire watch during construction, traffic control plan (will be reviewed by Public Works), etc. Refer to California Building Code (CBC) Chapter 33. • The project to comply with requirements of Beverly Hills Municipal Code, Title 10 and Chapter 6, STREET, ALLEY, AND HIGHWAY DEDICATIONS AND IMPROVEMENTS. • Survey map is required to show all easements on the properties. • Comply with the City’s applicable parking standards.
https://www.beverlyhills.org/cbhfiles/storage/files/563485925821755963/ParkingStandards(R EV2.18).pdf
• The project requires LID (Low Impact Development) plan check. • On site plan, confirm the location of seismic fault line with dimensions per the seismic fault investigation report.
• Provide complete Fire department and vehicle access.
• Hotel will be classified as R-1 occupancy. CBC 310.
• The project is required to be designed in compliance with requirements of CBC 403, High-rise building and CBC 405, Underground Building.
• The project is required to provide separate accessible parking requirements per CBC 11A and CBC 11B for residential and nonresidential, respectively. Additionally, the project shall provide accessible and standard EV charging parking spaces. Show the location of these required EV parking spaces in the proposed garage.
• The project shall comply with both residential and nonresidential requirements of California Green Building Standards Code in accordance with Beverly Hills Municipal Code, Title 9, Chapter 2 and Article 11.
• The project is required to fully comply with California Energy Code. • The project is required fully comply with accessibility provisions of CBC 11A and CBC 11B for residential and nonresidential, respectively.
• The hotel shall be designed in compliance with CBC 11B-224. • The project building shall be designed in compliance with requirements of CBC 705.5 and CBC 705.8.
• The project shall fully comply with requirements of CBC Chapter 10. No exiting analysis was provided.
• The project shall comply with accessible means of egress requirements per CBC 1009. • The enclosed parking structure shall be designed in compliance with CBC 406.

For questions regarding these comments, please contact Ocean Kwon, Senior Plan Review Engineer, at (310) 285-1153 or by email at [email protected].

18 34. Building and Safety – Right of Way Comments
Below are comments provided by Building and Safety regarding areas in the public right-of-way:
• Provide a water demand study to evaluate anticipated water demand for project and for the City to evaluate the types of upgrades and improvements that will be necessary to existing infrastructure.
• Obtain will serve letter from the Public Works Water Division. • Coordinate with Edison to evaluate necessary upgrades to existing infrastructure to facilitate the project and provide the City a proposal of all upgrades required to provide service to the project.
• Provide a Construction Management Plan with a narrative detailing the types of temporary encroachments that the project would require during project construction. Based on the proposal, the project would require working areas for the staging and storage of construction materials, equipment, crane(s), trailers, deliveries, and for a laydown area for transport and maneuvering of vehicles.
• Provide a plan showing the proposed haul routes and delivery route to the project site. To limit construction impacts to residential properties within the vicinity of the project site, all construction-generated traffic should provide ingress and egress to and from the project site directly to Wilshire Boulevard.

For questions regarding these comments, please contact Ara Retchian, Senior Plan Review Engineer, at (310) 285-1106 or by email at [email protected].

35. Fire Department Comments
Below are comments provided by the City’s Fire Department:
• The project shall be designed in compliance with all applicable California Fire Code (CFC) and California Building Code (CBC) requirements for high rise buildings. Although these are preliminary drawings, all applicable high rise requirements shall be considered and incorporated into the project during the design process.

For questions regarding these comments, please contact Cecilia Sohn, Plan Check Inspector, at (310) 281-2716 or by email at [email protected].

36. Responses to Corrections Required
On a separate sheet, provide a detailed response to each correction noted in this letter clarifying how each correction was addressed. Submit this response letter when resubmitting your project.

37. Additional Corrections
Based on the responses to this incomplete letter and changes to the project plans, additional corrections may result from the review of the revised project.

19 38. Additional Comments
See redlined set of plans for additional comments.

In order for staff to continue processing the case, the foregoing list of corrections must be addressed on a resubmittal of plans and/or application materials, and additional entitlement applications. Before resubmitting your project to the Planning Division, please ensure that all corrections have been addressed and that each correction has been initialed as acknowledged by the architect team.

Once the items above have been addressed and submitted, the application will once again be assessed for completeness. In your response resubmittal, please provide a copy of this letter.

Should you have any questions regarding the above comments, please feel free to call me at (310) 285-1138, or by email at [email protected].

Sincerely,
_________________________________
Edgar Arroyo, Senior Planner
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3$5.,1*3529,'('

TYPE COUNT
67$1'$5' &203$&7 
$&&(66,%/(9$1 $&&(66,%/( 
*5$1'727$/ 
23(163$&(5(48,5('
81,77<3( 180%(52)81,76 5(4
'23(163$&(
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6)%5$))  6)%5 
6)
%5$))  6)%53(17+286(  6)727$/ 6) +27(/5220&2817

HOTEL ROOM COUNT BY TYPE PERCENTAGE

OF TOTAL AVERAGE AREA ROOM TYPE COUNT
+27(/5220   +27(/68,7(
 

727$/  
$5($6&+('8/(
23(163$&(3529,'('

LEVEL AREA
&2002123(163$&(67)/225 
6)7+)/225 6)
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6)
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6)
6)
727$/ 6)
5(48,5('3$5.,1*

UNIT TYPE QUANTITY STALLS ALLOWED
%5 

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%5 


%5$))  %53(17+286(  +27(/5220  +27(/68,7(  678',2  678',2$))  727$/  $87202%,/(3$5.,1*&217
The applicable density requirements for this project siteallow for a density of 1 unit for every 900 SF of lot area.Additionally, one bonus efficiency unit may be added ontop of the otherwise allowable density. As such, theapplicable density requirements would allow a maximumof 25 units on the project site. The proposal currentexceeds the applicable density requirements 140 unit.Revise the project to include a reduction in the total unitsin compliance with the City's applicable densityrequirements. Alternatively, the applicant may seek toutilize state density bonus requirements to facilitateadditional units at the project site.Mixed use development, including hotel and hotelrestaurant uses, are not permitted or conditionallypermitted uses within the City's R-4 Zone. Remove theseuses from the project or submit a Zone Change/GeneralPlan Amendment to seek consideration of this project, asthe regulations within the R-4 Zone do not facilitate thetype of proposed development. 67)/225 5(6,'(17,$/+27(/ 6)1')/225 +27(/ 6) 5')/225 +27(/ 6)7+)/225 +27(/ 6)7+)/225 +27(/ 6) This project site is located within two different heightdistricts. 125 S. Linden is within Height District C whichallows a max of 5 stories / 55' in height. 129 S. Linden iswithin Height District B which allows a max of 4 stories/ 45'in height. Project as proposed does not meet the City'sapplicable height requirements and will need to bereduced in height and number of stories to comply with theapplicable development standards. See commentsprovided on Sheet A11, A24, and A26 for location ofapplicable height districts.

Los AngelesMunicipal Codeis not applicableto Beverly Hills.Remove LAMCreference.

Front Modulation: Provide front modulation calculationsand diagrams showing the required amount of modulationrequired and the modulation proposed for the project.Additionally, the diagrams shall show the depth of the modulation provided per floor and calculations for theaggregate principal building area.

Adjust the project design accordingly to provide the
applicable front modulation for the project pursuant toBHMC Section 10-3-2806.

Landscape Plans: Provide Landscape plans of theproposed project for review.

Shade and Shadow Study: Provide a shade and shadowstudy for the proposed project. Diagram the shadows fromthe proposed structure during the winter and summerequinoxes, from 6:00 A.M. to 9:00 P.M., at three-hourintervals. The study shall show adjacent properties and theprojected shadow on those properties during the notedintervals. 678',2   678',2$))   
%5   %5$))   %5  
%5$))   

The highlighted units do not meet the required minimumfloor area as required pursuant to BHMC Section10-3-2802. Revise project to provided required minimumdwelling unit size for each dwelling unit.

The development of 165 dwelling units requires33,000 SF of outdoor living space to be provided (200SF / unit). The proposal is currently providing 18,228SF, which is significantly short of what's required.Revise project to provide the required amount ofoutdoor living space. 6+((77,7/(
6+((7180%(5,668('$7(9(1,&(%/9%/26$1*(/(6&$
W
‹&23<5,*+7277,1*(5$5&+,7(&76


30
$
5(1'(5,1*

/,1'(1'5 
6/,1'(1'5
%(9(5/<+,//6&$


Revise the elevations and renderingsprovided for the project, as required,to address the corrections andcomments provided in the redlinedset of plans. 6+((77,7/(
6+((7180%(5,668('$7(9(1,&(%/9%/26$1*(/(6&$
W
‹&23<5,*+7277,1*(5$5&+,7(&76


30
$
5(1'(5,1*

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6/,1'(1'5
%(9(5/<+,//6&$


Revise the elevations and renderingsprovided for the project, as required,to address the corrections andcomments provided in the redlinedset of plans. 6+((77,7/(
6+((7180%(5,668('$7(9(1,&(%/9%/26$1*(/(6&$
W
‹&23<5,*+7277,1*(5$5&+,7(&76


30
$
5(1'(5,1*

/,1'(1'5 
6/,1'(1'5
%(9(5/<+,//6&$


Revise the elevations and renderingsprovided for the project, as required,to address the corrections andcomments provided in the redlinedset of plans. 6+((77,7/(
6+((7180%(5,668('$7(9(1,&(%/9%/26$1*(/(6&$
W
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:+,7(
0(7$/)$6&,$
(;7(5,2560227+3/$67(5
:+,7(
6725()5217*5$<)5$0(
0(7$/3$1(/6:+,7(
ZONING:

LOT SIZE:RESIDENTIAL UNITS PROPOSED:HOTEL ROOMS PROPOSED:FAR PROVIDED:
56)81,7652206

=21,1*'$7$
+27(/5(6,'(17,$/
/(*(1'
$5($6&+('8/(
)/225$5($

LEVEL TYPE AREA
67)/225 +27(/ 6)67)/225 5(6,'(17,$/ 6)1')/225 +27(/ 6)5')/225 +27(/ 6)7+)/225 +27(/  6)7+)/225 +27(/ 
6)7+)/225 5(6,'(17,$/ 6)
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6)
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5(48,5(')5217<$5'6(7%$&. 
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2.51 ft

2.52 ft

15.02 ft

9.02 ft

14.00 ft

15.00 ft
14' REQUIRED SIDE YARD SETBACK 14' REQUIRED SIDE YARD SETBACK 14' REQUIRED SIDE YARD SETBACK 14' REQUIRED SIDE YARD SETBACK 14' REQUIRED SIDE YARD SETBACK 14' REQUIRED SIDE YARD SETBACK 14' REQUIRED SIDE YARD SETBACK 14' REQUIRED SIDE YARD SETBACK 14' REQUIRED SIDE YARD SETBACK 14' REQUIRED SIDE YARD SETBACK 14' REQUIRED SIDE YARD SETBACK 2'-6" Alley Dedication required onnorth side and rear of property perStreet Master Plan to widenexisting 15' alley. Noimprovements can encroach intothis area. Show the required alleydedication area on the plans.Same comment applies to allexhibits with this red highlightingon this Sheet.

Any portion of the the
proposed structure locatedabove grade cannotencroach into the required15'-0" rear yard setback.

Adjust building design
accordingly.Same comment applies to allexhibits on this Sheet wherethe building encroaches intothe required rear yardsetback area.

Any portion of the the
proposed structure locatedabove grade cannotencroach into the required9'-0" side yard setback.

Adjust building design
accordingly.Same comment applies to allexhibits on this Sheet wherethe building encroaches intothe required side yardsetback area. (See Sheet A11 for additional info on
required cumulative setback).

Any portion of the the
proposed structure locatedabove grade cannotencroach into the required15'-0" front yard setback.

Adjust building design
accordingly.Same comment applies to allexhibits on this Sheet wherethe building encroaches intothe required front yardsetback area.

Any portion of the the
proposed structure locatedabove grade cannot encroachinto the required 14'-0" sideyard setback. Adjust buildingdesign accordingly.Same comment applies to allexhibits on this Sheet wherethe building encroaches intothe required side yard setbackarea. (See Sheet A11 foradditional info on requiredcumulative setback).

Show allrequired andproposedsetback lineson this drawing.

Mixed use development,including hotel and hotelrestaurant uses, are notpermitted or conditionallypermitted uses within theCity's R-4 Zone. Removethese uses from theproject or submit a ZoneChange/General PlanAmendment to seekconsideration of thisproject, as the regulationswithin the R-4 Zone donot facilitate the type ofproposed development. 67)/225 +27(/ 6)1')/225 +27(/ 6)5')/225 +27(/ 6)7+)/225 +27(/  6)7+)/225 +27(/ 
6)
))))
ZONING:

LOT SIZE:RESIDENTIAL UNITS PROPOSED:HOTEL ROOMS PROPOSED:FAR PROVIDED:
56)81,7652206

=21,1*'$7$
+27(/5(6,'(17,$/
6+((77,7/(6+((7180%(5,668('$7(9(1,&(%/9%/26$1*(/(6&$ W
‹&23<5,*+7277,1*(5$5&+,7(&76



30
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LEVEL TYPE AREA
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6)7+)/225 5(6,'(17,$/ 6)
7+)/225 5(6,'(17,$/ 6)7+)/225 5(6,'(17,$/  6)
7+)/225 5(6,'(17,$/ 6)
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5(48,5(')5217<$5'6(7%$&.
14' REQUIRED SIDE YARD SETBACK
14' REQUIRED SIDE YARD SETBACK 14' REQUIRED SIDE YARD SETBACK 14' REQUIRED SIDE YARD SETBACK 14' REQUIRED SIDE YARD SETBACK 14' REQUIRED SIDE YARD SETBACK 14' REQUIRED SIDE YARD SETBACK 2'-6" Alley Dedication required onnorth side and rear of property perStreet Master Plan to widenexisting 15' alley. Noimprovements can encroach intothis area. Show the required alleydedication area on the plans.Same comment applies to allexhibits with this red highlightingon this Sheet.

Any portion of the the
proposed structure locatedabove grade cannotencroach into the required15'-0" rear yard setback.

Adjust building design
accordingly.Same comment applies to allexhibits on this Sheet wherethe building encroaches intothe required rear yardsetback area.

Any portion of the the
proposed structure locatedabove grade cannotencroach into the required9'-0" side yard setback.

Adjust building design
accordingly.Same comment applies to allexhibits on this Sheet wherethe building encroaches intothe required side yardsetback area. (See Sheet A11 for additional info on
required cumulative setback).

Any portion of the the
proposed structure locatedabove grade cannot encroachinto the required 14'-0" sideyard setback. Adjust buildingdesign accordingly.Same comment applies to allexhibits on this Sheet where the building encroaches intothe required side yard setbackarea. (See Sheet A11 foradditional info on requiredcumulative setback).

Any portion of the the
proposed structure locatedabove grade cannotencroach into the required15'-0" front yard setback.

Adjust building design
accordingly.Same comment applies to allexhibits on this Sheet wherethe building encroaches intothe required front yardsetback area.

Show allrequired andproposedsetback lineson this drawing.

Mixed use development,including hotel and hotelrestaurant uses, are notpermitted or conditionallypermitted uses within theCity's R-4 Zone. Removethese uses from theproject or submit a ZoneChange/General PlanAmendment to seek consideration of thisproject, as the regulationswithin the R-4 Zone donot facilitate the type ofproposed development. 1')/225 +27(/ 6)5')/225 +27(/ 6)7+)/225 +27(/  6)7+)/225 +27(/ 
6)
))))
67)/225 +27(/ 6)
23(163$&(
REQUIRED OPEN SPACE PER BHMC 10-3-2802
6)2)287'225/,9,1*63$&(,65(48,5(')25($&+':(//,1*81,7287'225/,9,1*63$&(&$1%(3529,'(':,7+$&20%,1$7,212)35,9$7($1'&2002163$&(6

COMMON OPEN SPACE
3(5%+0&&20021287'225/,9,1*63$&(&$1%(3529,'('$6/21*$6($&+',0(16,21,6$7/($67 

PRIVATE OPEN SPACE
3(5/$0&%+0&35,9$7(287'225'63$&(7+$7,6&217,*828672$81,7 68&+$6$3$7,2
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30
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LEVEL AREA
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6)
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6)
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5(48,5(')5217<$5'6(7%$&.
9' REQUIRED SIDE YARD SETBACK 9' REQUIRED SIDE YARD SETBACK 9' REQUIRED SIDE YARD SETBACK 9' REQUIRED SIDE YARD SETBACK 9' REQUIRED SIDE YARD SETBACK 9' REQUIRED SIDE YARD SETBACK 9' REQUIRED SIDE YARD SETBACK 9' REQUIRED SIDE YARD SETBACK 9' REQUIRED SIDE YARD SETBACK 9' REQUIRED SIDE YARD SETBACK 9' REQUIRED SIDE YARD SETBACK 9' REQUIRED SIDE YARD SETBACK
14' REQUIRED SIDE YARD SETBACK 14' REQUIRED SIDE YARD SETBACK 14' REQUIRED SIDE YARD SETBACK 14' REQUIRED SIDE YARD SETBACK 14' REQUIRED SIDE YARD SETBACK 14' REQUIRED SIDE YARD SETBACK 14' REQUIRED SIDE YARD SETBACK 14' REQUIRED SIDE YARD SETBACK 14' REQUIRED SIDE YARD SETBACK 14' REQUIRED SIDE YARD SETBACK 14' REQUIRED SIDE YARD SETBACK 14' REQUIRED SIDE YARD SETBACK 2'-6" Alley Dedication required onnorth side and rear of property perStreet Master Plan to widenexisting 15' alley. Noimprovements can encroach intothis area. Show the required alleydedication area on the plans.Same comment applies to allexhibits with this red highlightingon this Sheet.

Any portion of the the
proposed structure locatedabove grade cannotencroach into the required15'-0" rear yard setback.

Adjust building design
accordingly.Same comment applies to allexhibits on this Sheet wherethe building encroaches intothe required rear yardsetback area.

Any portion of the the
proposed structure locatedabove grade cannotencroach into the required9'-0" side yard setback.

Adjust building design
accordingly.Same comment applies to allexhibits on this Sheet wherethe building encroaches intothe required side yardsetback area. (See Sheet A11 for additional info on
required cumulative setback).

Any portion of the the
proposed structure locatedabove grade cannot encroachinto the required 14'-0" sideyard setback. Adjust buildingdesign accordingly.Same comment applies to allexhibits on this Sheet wherethe building encroaches intothe required side yard setbackarea. (See Sheet A11 foradditional info on requiredcumulative setback).

Any portion of the the
proposed structure locatedabove grade cannotencroach into the required15'-0" front yard setback.

Adjust building design
accordingly.Same comment applies to allexhibits on this Sheet wherethe building encroaches intothe required front yardsetback area.

Show allrequired andproposedsetback lineson this drawing.

Los AngelesMunicipal Codeis not applicableto Beverly Hills.Remove LAMCreference. 171 Units
The development of 165 dwelling units requires33,000 SF of outdoor living space to be provided (200SF / unit). The proposal is currently providing 18,228SF, which is significantly short of what's required.Revise project to provide the required amount ofoutdoor living space.

Provide dimensions oneach open spaceexhibit showing that theminimum dimensionsare being provide forthe proposed commonand private outdoorliving space areas. Nodimensions wereprovided on the openspace exhibits to verifycompliance with therequired open spacearea.

Project consists of 165dwelling units, not 171units, as the number ofunits appears to indicateon the open spacetable. Revise tableaccordingly to reflect thecorrect unit total and thecorrect area of outdoorliving space required. ($&+',0(16,21,6$7/($67

($&+',0(16,21
/(1*7+:,'7+
'(37+
6+$//%($7/($67)((7 '
23(163$&(
REQUIRED OPEN SPACE PER BHMC 10-3-2802
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COMMON OPEN SPACE
3(5%+0&&20021287'225/,9,1*63$&(&$1%(3529,'('$6/21*$6($&+',0(16,21,6$7/($67 

PRIVATE OPEN SPACE
3(5/$0&%+0&35,9$7(287'225'63$&(7+$7,6&217,*828672$81,7 68&+$6$3$7,2
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9' REQUIRED SIDE YARD SETBACK 9' REQUIRED SIDE YARD SETBACK 9' REQUIRED SIDE YARD SETBACK 9' REQUIRED SIDE YARD SETBACK 9' REQUIRED SIDE YARD SETBACK 9' REQUIRED SIDE YARD SETBACK 9' REQUIRED SIDE YARD SETBACK 14' REQUIRED SIDE YARD SETBACK 14' REQUIRED SIDE YARD SETBACK 14' REQUIRED SIDE YARD SETBACK 14' REQUIRED SIDE YARD SETBACK 14' REQUIRED SIDE YARD SETBACK 14' REQUIRED SIDE YARD SETBACK 14' REQUIRED SIDE YARD SETBACK 2'-6" Alley Dedication required onnorth side and rear of property perStreet Master Plan to widenexisting 15' alley. Noimprovements can encroach intothis area. Show the required alleydedication area on the plans.Same comment applies to allexhibits with this red highlightingon this Sheet.

Any portion of the the
proposed structure locatedabove grade cannotencroach into the required15'-0" rear yard setback.

Adjust building design
accordingly.Same comment applies to allexhibits on this Sheet wherethe building encroaches intothe required rear yardsetback area.

Any portion of the the
proposed structure locatedabove grade cannotencroach into the required9'-0" side yard setback.

Adjust building design
accordingly.Same comment applies to allexhibits on this Sheet wherethe building encroaches intothe required side yardsetback area. (See Sheet A11 for additional info on
required cumulative setback).

Any portion of the theproposed structure locatedabove grade cannot encroachinto the required 14'-0" sideyard setback. Adjust buildingdesign accordingly.Same comment applies to allexhibits on this Sheet wherethe building encroaches intothe required side yard setbackarea. (See Sheet A11 foradditional info on requiredcumulative setback).

Any portion of the theproposed structure locatedabove grade cannotencroach into the required15'-0" front yard setback.Adjust building designaccordingly.Same comment applies to allexhibits on this Sheet wherethe building encroaches intothe required front yardsetback area.

Show allrequired andproposedsetback lineson this drawing.

Los AngelesMunicipal Codeis not applicableto Beverly Hills.Remove LAMCreference. 171 Units
The development of 165 dwelling units requires33,000 SF of outdoor living space to be provided (200SF / unit). The proposal is currently providing 18,228SF, which is significantly short of what's required.Revise project to provide the required amount ofoutdoor living space.

Provide dimensions oneach open spaceexhibit showing that theminimum dimensionsare being provide forthe proposed commonand private outdoorliving space areas. Nodimensions wereprovided on the openspace exhibits to verifycompliance with therequired open spacearea. ($&+',0(16,21,6$7/($67

($&+',0(16,21
/(1*7+:,'7+
'(37+
6+$//%($7/($67)((7
Project consists of 165dwelling units, not 171units, as the number ofunits appears to indicateon the open spacetable. Revise tableaccordingly to reflect thecorrect unit total and thecorrect area of outdoorliving space required. 6+((77,7/(
6+((7180%(5,668('$7(9(1,&(%/9%/26$1*(/(6&$
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Provide copy of referencedocument (e.g., TitleReport) used to verify theexistence of anyeasements on the subjectproperty.

The scale of the survey provided for thisreview does not match the scale noted onthe survey sheet (1" = 10'). Whenmeasured at the noted scale, thedimensions are less than what are noted onthe survey. Provide a survey that is drawnto the scale noted on the plan sheet. 113.29 ft

20.00 ft
S. LINDEN DRIVE
(E) BUILDING
4 STORIES
PROPOSED 19-STORY RESIDENTIAL BUILDING
WITH 165 UNITS AND 73 HOTEL ROOM. 4

LEVELS OF SUBTERRANEAN PARKING
PROVIDING 126 PARKING STALLS
SITE SF: 21,676.05

PARKING

ENTRANCE
HOTEL

ENTRANCE

LOADING
ZONE
(E) BUILDING
4 STORIES
(E) BUILDING
2 STORIES

EMPTY LOT
(E) PARKING
LOT
(E) BUILDING
2 STORIES
(E) BUILDING
2 STORIES
(E) BUILDING
2 STORIES
7"
7' - 6" 127' - 6" 12' - 0" 18' - 0"
11' - 0"
169' - 11"
5' - 10"
ALLEY
ALLEY
7' - 6"

RESIDENTIAL

ENTRANCE
163' - 0" 7' - 0"

COURTYARD
(E) TREE
(E) TREE

SITE FAULT LINE

LINE OF BUILDING OUTLINE ABOVE
(N) TREE
(E) TREE
(N) TREE
(N) TREE
6+((77,7/(6+((7180%(5,668('$7(9(1,&(%/9%/26$1*(/(6&$ W
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7.49 ft

2.50 ft
'(',&

2.50 ft

15.00 ft

9.00 ft

14.00 ft 14'-0" REQUIRED SIDE YARD SETBACK (N. SIDE @ 9' + S. SIDE @ 14' = 23' CUMULATIVE SETBACK)

15.00 ft
15'-0"

REQUIRED
FRONT
YARD

SETBACK
15'-0"

REQUIRED

REAR YARD

SETBACK
(FROM NEW
REAR

PROPERTY
LINE/ POSTDEDICATION)
9'-0"

MINIMUM REQUIRED SIDE YARD SETBACK
2'-6" ALLEY DEDICATION AREA
2'-6" Alley Dedication required onnorth side and rear of property perStreet Master Plan to widenexisting 15' alley. Noimprovements can encroach intothis area. Show the required alleydedication area on the plans.

Any portion of the the
proposed structure locatedabove grade cannotencroach into the required15'-0" rear yard setback.

Adjust building design
accordingly.

Any portion of the theproposed structure locatedabove grade cannotencroach into the required9'-0" side yard setback.Adjust building designaccordingly.

Any portion of the the
proposed structure locatedabove grade cannotencroach into the required14'-0" side yard setback.

Adjust building design
accordingly.

Any portion of the the
proposed structure locatedabove grade cannotencroach into the required15'-0" front yard setback.

Adjust building design
accordingly.

Show allrequired andproposedsetback lineson this drawing.

HOTEL

ENTRANCE
RESI
ENT

DENTIAL

TRANCEE ENTRANCE
Provide details for all existing and proposed improvements in thepublic right-of-way, including but not limited to:- Existing and proposed utilities in the public right-of-way.- Existing and/or relocated light posts, signs, etc.- Trees in the parkway to be removed- Removal of existing driveway aprons- Construction of new sideway, parkway, and curb and gutter.Additionally, pursuant to BHMC Section 8-4-1, the parkway adjacentto the project site shall be planted and maintained with grass or otherplant material that is maintained at no more than six inches (6") inheight. Show the required landscaped parkway adjacent to the projectsite with all improvements that are proposed in the public right-of-way.

2.59 ft

2.56 ft

60.00 ft
125 S. LINDEN DRIVE

HEIGHT DISTRICT B
MAX 4 STORIES / 45' TALL
129 S. LINDEN DRIVE

HEIGHT DISTRICT C
MAX 5 STORIES / 55' TALL
Show allproposed sitefences andwalls on the siteplan for theproject. 83 83
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2.50 ft

1.49 ft

2.50 ft

2.50 ft

2.50 ft
2'-6" Alley Dedication required on north side and rear of property per Street MasterPlan to widen existing 15' alley. No improvements can encroach into this area. Showthe required alley dedication area on the plans. 2'-6" ALLEY DEDICATION AREA 2'-6" ALLEY DEDICATION AREA Show allrequired andproposedsetback lineson this drawing. 5(6
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8.98 ft

8.99 ft

22.99 ft
Per the City's Parking standards, allparking spaces provided for a projectshall be provided as standard stalls thatmeasure 9' - 19'. Compact stalls are notpermissible for required parking stalls.Revise project to provide all standardparking stalls and remove the proposedcompact stalls from the project.

32.84 ft
Per the City's Parking standards, theminimum aisle width required for parkingspaces provided at a 90 degree angle is26'-0”. The drawings prepared for parkinglevels P1 - P4 show that a 24'-0” parkingaisle is proposed. Revise the design of theparking aisle to provide the required 26'parking aisle width.

All parking spaces for this project appear tobe reserved for only the residential use ofthe property, as all of the spaces are labeled"RES". No parking spaces appear to beprovided for the commercial uses thatinclude the hotel and hotel restaurant.A total of 73 parking spaces would be required for the proposed hotel and hotelrestaurant, should the applicant seek aZone Change/General Plan Amendment tofacilitate the proposed mixed-use project.

Per previouslyprepared FaultRupture HazardInvestigation,clear show thearea identifiedas the NOBUILD ZONEon this floorplan.

Per previouslyprepared FaultRupture HazardInvestigation,clear show thearea identifiedas the NOBUILD ZONEon this floorplan. 5(6 6
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- 6"

2.50 ft

2.50 ft

2.50 ft

2.50 ft
2'-6" Alley Dedication required on north side and rear of property per Street MasterPlan to widen existing 15' alley. No improvements can encroach into this area. Showthe required alley dedication area on the plans. 2'-6" ALLEY DEDICATION AREA 2'-6" ALLEY DEDICATION AREA

15.00 ft
24'-0"MIN
29'-
3"
24'-0"
See comments on Sheet A29regarding basement garageencroachments and requireddepth from adjacent sidewalkgrade abutting Linden Drive. 15'-0"

REQUIRED
FRONT
YARD

SETBACK
Show allrequired andproposedsetback lineson this drawing. 5(6
&
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&
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&
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19 5(6& 19'
- 0"
TYP
19 5(6
&5(
6 &
4'-5"

22.99 ft

24.02 ft

29.21 ft

23.98 ft
5(6
&
5(6
&
Per the City's Parking standards, allparking spaces provided for a projectshall be provided as standard stalls thatmeasure 9' - 19'. Compact stalls are notpermissible for required parking stalls.Revise project to provide all standardparking stalls and remove the proposedcompact stalls from the project. 5(6 &
17'
- 0"
Per the City's Parking standards, theminimum aisle width required for parkingspaces provided at a 90 degree angle is26'-0”. The drawings prepared for parkinglevels P1 - P4 show that a 24'-0” parkingaisle is proposed. Revise the design of theparking aisle to provide the required 26'parking aisle width.

All parking spaces for this project appear to
be reserved for only the residential use ofthe property, as all of the spaces are labeled"RES". No parking spaces appear to beprovided for the commercial uses thatinclude the hotel and hotel restaurant.

A total of 73 parking spaces would be
required for the proposed hotel and hotelrestaurant, should the applicant seek aZone Change/General Plan Amendment tofacilitate the proposed mixed-use project.

Per previouslyprepared FaultRupture HazardInvestigation,clear show thearea identifiedas the NOBUILD ZONEon this floorplan.

Per previouslyprepared FaultRupture HazardInvestigation,clear show thearea identifiedas the NOBUILD ZONEon this floorplan. $

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31' - 6" 5' - 11" 30' - 6"
67$,5
MIN.
18' - 0" 48' - 7" 9' - 9" 26' - 7"
2 5
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2.50 ft

2.50 ft

2.50 ft

2.50 ft
2'-6" Alley Dedication required on north side and rear of property per Street MasterPlan to widen existing 15' alley. No improvements can encroach into this area. Showthe required alley dedication area on the plans. 2'-6" ALLEY DEDICATION AREA 2'-6" ALLEY DEDICATION AREA

9.00 ft 14.00 ft

15.00 ft

15.00 ft
15'-0"

REQUIRED

REAR YARD

SETBACK
(FROM NEW
REAR

PROPERTY
LINE/ POSTDEDICATION)
15'-0"

REQUIRED
FRONT
YARD

SETBACK
9'-0"

MINIMUM REQUIRED SIDE YARD SETBACK
14'-0"

REQUIRED SIDE YARD SETBACK
(N. SIDE @ 9' + S. SIDE @ 14' = 23' CUMULATIVE SETBACK) 9'-0"

MINIMUM REQUIRED SIDE YARD SETBACK
15'-0"

REQUIRED

REAR YARD

SETBACK
(FROM NEW
REAR

PROPERTY
LINE/ POSTDEDICATION)
14'-0"

REQUIRED SIDE YARD SETBACK
(N. SIDE @ 9' + S. SIDE @ 14' = 23' CUMULATIVE SETBACK) Any portion of the the
proposed structurelocated above gradecannot encroach intothe required 15'-0"rear yard setback.

Adjust building design
accordingly.

Any portion of the the proposed structurelocated above grade cannot encroach intothe required 14'-0" side yard setback. Adjustbuilding design accordingly.

Any portion of the theproposed structure locatedabove grade cannotencroach into the required15'-0" front yard setback.Adjust building designaccordingly.

Any portion of the the proposed structurelocated above grade cannot encroach intothe required 9'-0" side yard setback. Adjustbuilding design accordingly.

Proposed Hotel and Hotel Restaurant use of property isnot a permissible use within the City's R-4 Zone. Suchuse requires a General Plan Amendment and ZoneChange to allow for consideration of a mixed usedevelopment of this density.Remove the proposed hotel and hotel restaurant usesfrom the project. The residential compenant of thisproject shall be design in compliance with Title 10,Chapter 3, Article 28 of the Beverly Hills Municipal Code Proposed Hotel and Hotel Restaurant use of property isnot a permissible use within the City's R-4 Zone. Suchuse requires a General Plan Amendment and ZoneChange to allow for consideration of a mixed usedevelopment of this density.Remove the proposed hotel and hotel restaurant usesfrom the project. The residential compenant of thisproject shall be design in compliance with Title 10,Chapter 3, Article 28 of the Beverly Hills Municipal Code Show all required and proposedsetback lineson this drawing.
15'-0"

REQUIRED
FRONT
YARD

SETBACK
The City's paving standardsonly allow one (1) walkwaynot exceeding 5' in widthwithin the front yard setbackarea. The proposedcourtyard and walkway to thenorth side exceed themaximum walkway width of5'. Revise the paving withinthe front yard to include onewalkway not exceeding 5' inwidth. Additional walkwaysnot exceeding 5' in width maybe possible under BHMCSection 10-3-2813. 
6)
75$6+
Provide calculations pursuantto BHMC Section 9-3-1showing that proposed 592SF trash room is adequate toaccommodate the anticipateddemand for waste generatedby the proposed project.

29.96 ft

12.00 ft6) /2$',1,*=21(
All loading areas shall complywith BHMC Sections10-3-2740 - 10-3-2743 fornumber of loading spaces,minimum dimensions, andmaneuverability. Seeincomplete letter for moredetails on loadingrequirements. $

$

$

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5' - 10" 121' - 1" 7"
7 '
-
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1 5
2 '
-
0 "
1 1
'
-
0 "
7 '
-
0 "
1 5
2 '
-
1 "
1 0
'
-
1 1
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3 7
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-
2 "
2 8
'
-
9 "
1 9
'
-
9 "
3 0
'
-
9 "
1 4
'
-
8 "
2 0
'
-
1 1
"
5' - 10" 74' - 0" 47' - 8"
37' - 5" 30' - 6" 6' - 1"
5(6(/(9 5(6(/(9
+27(/(/(9
40' - 4" 14' - 3" 66' - 6"
1 4
'
-
3 "
3 7
'
-
9 "
1 4
'
-
4 "
8 5
'
-
9 "
6)
+27(/
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6)
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SEISMIC FAULT LINE
$

$

$

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5' - 10" 121' - 1" 7"
7 '
-
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1 5
2 '
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1 1
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-
0 "
7 '
-
0 "
1 5
2 '
-
0 "
1 1
'
-
0 "
3 7
'
-
2 "
2 8
'
-
4 "
2 0
'
-
2 "
3 0
'
-
1 1
"
1 4
'
-
6 "
2 0
'
-
1 1
"
5' - 10" 74' - 0" 47' - 8"
37' - 5" 30' - 6" 6' - 1"
67$,5
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+27(/(/(9
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70' - 2" 14' - 4" 36' - 7"
8 5
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-
1 0
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-
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SEISMIC FAULT LINE
6+((77,7/(6+((7180%(5,668('$7(9(1,&(%/9%/26$1*(/(6&$ W
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  5')/2253/$1

2.50 ft

2.50 ft

2.50 ft

2.50 ft
2'-6" Alley Dedication required on north side and rear of property per Street MasterPlan to widen existing 15' alley. No improvements can encroach into this area. Showthe required alley dedication area on the plans. 2'-6" ALLEY DEDICATION AREA 2'-6" ALLEY DEDICATION AREA 9'-0"

MINIMUM REQUIRED SIDE YARD SETBACK
15'-0"

REQUIRED

REAR YARD

SETBACK
(FROM NEW
REAR

PROPERTY
LINE/ POSTDEDICATION)
14'-0"

REQUIRED SIDE YARD SETBACK
(N. SIDE @ 9' + S. SIDE @ 14' = 23' CUMULATIVE SETBACK) 15'-0"

REQUIRED
FRONT
YARD

SETBACK
15'-0"

REQUIRED

REAR YARD

SETBACK
(FROM NEW
REAR

PROPERTY
LINE/ POSTDEDICATION)
9'-0"

MINIMUM REQUIRED SIDE YARD SETBACK
15'-0"

REQUIRED
FRONT
YARD

SETBACK
14'-0"

REQUIRED SIDE YARD SETBACK
(N. SIDE @ 9' + S. SIDE @ 14' = 23' CUMULATIVE SETBACK) Any portion of the the proposed structurelocated above grade cannot encroach intothe required 14'-0" side yard setback. Adjustbuilding design accordingly.

Any portion of the the
proposed structurelocated above gradecannot encroach intothe required 15'-0"rear yard setback.

Adjust building design
accordingly.

Any portion of the the proposed structurelocated above grade cannot encroach intothe required 9'-0" side yard setback. Adjustbuilding design accordingly.

Any portion of the the
proposed structure locatedabove grade cannotencroach into the required15'-0" front yard setback.

Adjust building design
accordingly.

Proposed Hotel and Hotel Restaurant use of property isnot a permissible use within the City's R-4 Zone. Suchuse requires a General Plan Amendment and ZoneChange to allow for consideration of a mixed usedevelopment of this density.Remove the proposed hotel and hotel restaurant usesfrom the project. The residential compenant of thisproject shall be design in compliance with Title 10,Chapter 3, Article 28 of the Beverly Hills Municipal Code Proposed Hotel and Hotel Restaurant use of property isnot a permissible use within the City's R-4 Zone. Suchuse requires a General Plan Amendment and ZoneChange to allow for consideration of a mixed usedevelopment of this density.Remove the proposed hotel and hotel restaurant usesfrom the project. The residential compenant of thisproject shall be design in compliance with Title 10,Chapter 3, Article 28 of the Beverly Hills Municipal Code Show allrequired andproposedsetback lineson this drawing. $

$

$

$

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(/(9$725
29(5581
(/(9$725/2%%<
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75$6+
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)5(,*+7(/(9
5' - 10" 121' - 1" 7"
7 '
-
0 "
1 5
2 '
-
0 "
1 1
'
-
0 "
7 '
-
0 "
1 5
2 '
-
0 "
1 1
'
-
0 "
3 7
'
-
2 "
2 8
'
-
4 "
2 0
'
-
2 "
1 5
'
-
7 "
1 4
'
-
4 "
1 5
'
-
6 "
2 0
'
-
1 1
"
5' - 10" 74' - 0" 47' - 8"
37' - 5" 30' - 6" 6' - 1"
5(6(/(9
4 5
'
-
5 "
1 4
'
-
2 "
4 7
'
-
0 "
1 4
'
-
4 "
3 1
'
-
2 "
2 '
-
3 "
14' - 11" 106' - 3"

SEISMIC FAULT LINE
$

$

$

$


$

$

$


$

6)
+27(/
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6)
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5220
6)
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67$,5
6)
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(/(9$725/2%%<
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5(6(/(9
+27(/(/(9
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,')
,')
6)
+27(/
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75$6+
6)
+27(/
5220
6)
+27(/
5220
5' - 10" 121' - 1" 7"
7 '
-
0 "
1 5
2 '
-
0 "
1 1
'
-
0 "
7 '
-
0 "
1 5
1 '
-
1 0
"
1 1
'
-
2 "
3 7
'
-
2 "
2 8
'
-
4 "
2 0
'
-
2 "
1 5
'
-
9 "
1 4
'
-
2 "
1 5
'
-
7 "
2 0
'
-
1 1
"
2' - 5" 77' - 6" 47' - 8"
3' - 5" 37' - 5" 30' - 6" 6' - 1"
5(6(/(9
+27(/(/(9
1 4
'
-
1 "
6 7
'
-
8 "
2 4
'
-
1 0
"
1 4
'
-
2 "
3 1
'
-
2 "
40' - 4" 14' - 4" 66' - 5"

SEISMIC FAULT LINE
6+((77,7/(6+((7180%(5,668('$7(9(1,&(%/9%/26$1*(/(6&$ W
‹&23<5,*+7277,1*(5$5&+,7(&76


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1 





 
  7+)/2253/$1  
  7+)/2253/$1

2.50 ft

2.50 ft

2.50 ft

2.50 ft
2'-6" Alley Dedication required on north side and rear of property per Street MasterPlan to widen existing 15' alley. No improvements can encroach into this area. Showthe required alley dedication area on the plans. 2'-6" ALLEY DEDICATION AREA 2'-6" ALLEY DEDICATION AREA 9'-0"

MINIMUM REQUIRED SIDE YARD SETBACK
15'-0"

REQUIRED

REAR YARD

SETBACK
(FROM NEW
REAR

PROPERTY
LINE/ POSTDEDICATION)
14'-0"

REQUIRED SIDE YARD SETBACK
(N. SIDE @ 9' + S. SIDE @ 14' = 23' CUMULATIVE SETBACK) 15'-0"

REQUIRED
FRONT
YARD

SETBACK
15'-0"

REQUIRED

REAR YARD

SETBACK
(FROM NEW
REAR

PROPERTY
LINE/ POSTDEDICATION)
9'-0"

MINIMUM REQUIRED SIDE YARD SETBACK
15'-0"

REQUIRED
FRONT
YARD

SETBACK
14'-0"

REQUIRED SIDE YARD SETBACK
(N. SIDE @ 9' + S. SIDE @ 14' = 23' CUMULATIVE SETBACK) Any portion of the the
proposed structurelocated above gradecannot encroach intothe required 15'-0"rear yard setback.

Adjust building design
accordingly.

Any portion of the the proposed structurelocated above grade cannot encroach intothe required 14'-0" side yard setback. Adjustbuilding design accordingly.

Any portion of the the
proposed structure locatedabove grade cannotencroach into the required15'-0" front yard setback.

Adjust building design
accordingly.

Any portion of the the proposed structure
located above grade cannot encroach intothe required 9'-0" side yard setback. Adjustbuilding design accordingly.

Proposed Hotel and Hotel Restaurant use of property isnot a permissible use within the City's R-4 Zone. Suchuse requires a General Plan Amendment and ZoneChange to allow for consideration of a mixed usedevelopment of this density.Remove the proposed hotel and hotel restaurant usesfrom the project. The residential compenant of thisproject shall be design in compliance with Title 10,Chapter 3, Article 28 of the Beverly Hills Municipal Code Show allrequired andproposedsetback lineson this drawing.

Provide floor plans layouts for each of the proposeddwelling units in the project. The floor plans providedonly have a call out to the number of bedrooms ineach unit, but the layout of each unit is not provided.The floor plans shall show the proposed kitchen,bathroom, bedroom, and living area of each of theproposed dwelling units.

The dwelling units on this floor do not meet the requiredminimum floor area as required pursuant to BHMC Section10-3-2802. Revise project to provided required minimum dwellingunit size for each dwelling unit. $

$

$

$


$

$

$


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5(6(/(9
(/(9$725/2%%<
,')
75$6+
,')
)5(,*+7(/(9
5' - 10" 106' - 1" 15' - 0" 7"
7 '
-
0 "
1 5
2 '
-
0 "
1 1
'
-
0 "
7 '
-
0 "
1 5
2 '
-
0 "
1 1
'
-
0 "
3 7
'
-
2 "
2 8
'
-
4 "
2 0
'
-
2 "
1 5
'
-
1 "
3 0
'
-
4 "
2 0
'
-
1 1
"
5' - 10" 74' - 0" 47' - 8"
37' - 5" 30' - 3" 6' - 5"
5(6(/(9
5 5
'
-
5 "
1 4
'
-
3 "
8 2
'
-
3 "

SEISMIC FAULT LINE
$

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(/(9$725/2%%<
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75$6+
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)5(,*+7(/(9
5' - 10"5' - 10" 121' - 1" 7"
7 '
-
0 "
1 5
2 '
-
0 "
1 1
'
-
0 "
7 '
-
0 "
1 5
2 '
-
0 "
1 1
'
-
0 "
3 7
'
-
2 "
2 8
'
-
4 "
2 0
'
-
2 "
1 5
'
-
0 "
3 0
'
-
5 "
2 0
'
-
1 1
"
5' - 10" 74' - 0" 47' - 8"
37' - 5" 30' - 3" 6' - 5"
5(6(/(9
5 5
'
-
5 "
1 4
'
-
2 "
2 2
'
-
1 0
"
1 4
'
-
4 "
4 5
'
-
3 "
14' - 11" 91' - 4" 14' - 10"

SEISMIC FAULT LINE
6+((77,7/(6+((7180%(5,668('$7(9(1,&(%/9%/26$1*(/(6&$ W
‹&23<5,*+7277,1*(5$5&+,7(&76


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1 





 
  7+)/2253/$1  
  7+)/2253/$1
5' -

2.50 ft

2.50 ft

2.50 ft

2.50 ft
2'-6" Alley Dedication required on north side and rear of property per Street MasterPlan to widen existing 15' alley. No improvements can encroach into this area. Showthe required alley dedication area on the plans. 2'-6" ALLEY DEDICATION AREA 2'-6" ALLEY DEDICATION AREA 9'-0"

MINIMUM REQUIRED SIDE YARD SETBACK
15'-0"

REQUIRED

REAR YARD

SETBACK
(FROM NEW
REAR

PROPERTY
LINE/ POSTDEDICATION)
14'-0"

REQUIRED SIDE YARD SETBACK
(N. SIDE @ 9' + S. SIDE @ 14' = 23' CUMULATIVE SETBACK) 15'-0"

REQUIRED
FRONT
YARD

SETBACK
15'-0"

REQUIRED

REAR YARD

SETBACK
(FROM NEW
REAR

PROPERTY
LINE/ POSTDEDICATION)
9'-0"

MINIMUM REQUIRED SIDE YARD SETBACK
15'-0"

REQUIRED
FRONT
YARD

SETBACK
14'-0"

REQUIRED SIDE YARD SETBACK
(N. SIDE @ 9' + S. SIDE @ 14' = 23' CUMULATIVE SETBACK) Any portion of the the
proposed structurelocated above gradecannot encroach intothe required 15'-0"rear yard setback.

Adjust building design
accordingly.

Any portion of the the proposed structurelocated above grade cannot encroach intothe required 14'-0" side yard setback. Adjustbuilding design accordingly.

Any portion of the the
proposed structure locatedabove grade cannotencroach into the required15'-0" front yard setback.

Adjust building design
accordingly.

Any portion of the the proposed structure
located above grade cannot encroach intothe required 9'-0" side yard setback. Adjustbuilding design accordingly.

Show allrequired andproposedsetback lineson this drawing.

Provide floor plans layouts for each of the proposeddwelling units in the project. The floor plans providedonly have a call out to the number of bedrooms ineach unit, but the layout of each unit is not provided.The floor plans shall show the proposed kitchen,bathroom, bedroom, and living area of each of theproposed dwelling units.

The dwelling units on this floor do not meet the requiredminimum floor area as required pursuant to BHMC Section10-3-2802. Revise project to provided required minimum dwellingunit size for each dwelling unit.

The dwelling units on this floor do not meet the requiredminimum floor area as required pursuant to BHMC Section10-3-2802. Revise project to provided required minimum dwellingunit size for each dwelling unit. $

$

$

$


$

$

$


$

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67$,5
67$,5
6)
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678',2
5(6(/(9
(/(9$725/2%%<
,')
75$6+
,')
)5(,*+7(/(9
5' - 10" 121' - 1" 7"
7 '
-
0 "
1 5
2 '
-
0 "
1 1
'
-
0 "
7 '
-
0 "
1 5
2 '
-
0 "
1 1
'
-
0 "
3 7
'
-
2 "
2 8
'
-
4 "
2 0
'
-
2 "
3 0
'
-
5 "
1 5
'
-
0 "
2 0
'
-
1 1
"
5' - 10" 74' - 0" 47' - 8"
37' - 5" 30' - 6" 6' - 1"
5(6(/(9
5 9
'
-
9 "
1 4
'
-
2 "
7 8
'
-
2 "
16' - 10" 14' - 2" 39' - 4" 14' - 1" 36' - 8"

SEISMIC FAULT LINE
$

$

$

$


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6)
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678',2
5(6(/(9
(/(9$725/2%%<
,')
75$6+
,')
)5(,*+7(/(9
5' - 10" 121' - 1" 7"
7 '
-
0 "
1 5
2 '
-
0 "
1 1
'
-
0 "
7 '
-
0 "
1 5
2 '
-
0 "
1 1
'
-
0 "
3 7
'
-
2 "
2 8
'
-
4 "
2 0
'
-
2 "
3 0
'
-
7 "
1 4
'
-
1 0
"
2 0
'
-
1 1
"
5' - 10" 74' - 0" 47' - 8"
37' - 5" 30' - 3" 6' - 5"
5(6(/(9
1 4
'
-
3 "
1 3
7 '
-
9 "

SEISMIC FAULT LINE
6+((77,7/(6+((7180%(5,668('$7(9(1,&(%/9%/26$1*(/(6&$ W
‹&23<5,*+7277,1*(5$5&+,7(&76


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7+)/2253/$1

2.50 ft

2.50 ft

2.50 ft

2.50 ft
2'-6" Alley Dedication required on north side and rear of property per Street MasterPlan to widen existing 15' alley. No improvements can encroach into this area. Showthe required alley dedication area on the plans. 2'-6" ALLEY DEDICATION AREA 2'-6" ALLEY DEDICATION AREA 9'-0"

MINIMUM REQUIRED SIDE YARD SETBACK
15'-0"

REQUIRED

REAR YARD

SETBACK
(FROM NEW
REAR

PROPERTY
LINE/ POSTDEDICATION)
14'-0"

REQUIRED SIDE YARD SETBACK
(N. SIDE @ 9' + S. SIDE @ 14' = 23' CUMULATIVE SETBACK) 15'-0"

REQUIRED
FRONT
YARD

SETBACK
15'-0"

REQUIRED

REAR YARD

SETBACK
(FROM NEW
REAR

PROPERTY
LINE/ POSTDEDICATION)
9'-0"

MINIMUM REQUIRED SIDE YARD SETBACK
15'-0"

REQUIRED
FRONT
YARD

SETBACK
14'-0"

REQUIRED SIDE YARD SETBACK
(N. SIDE @ 9' + S. SIDE @ 14' = 23' CUMULATIVE SETBACK) Any portion of the the
proposed structurelocated above gradecannot encroach intothe required 15'-0"rear yard setback.

Adjust building design
accordingly.

Any portion of the the proposed structurelocated above grade cannot encroach intothe required 14'-0" side yard setback. Adjustbuilding design accordingly.

Any portion of the the
proposed structure locatedabove grade cannotencroach into the required15'-0" front yard setback.

Adjust building design
accordingly.

Any portion of the the proposed structure
located above grade cannot encroach intothe required 9'-0" side yard setback. Adjustbuilding design accordingly.

Show allrequired andproposedsetback lineson this drawing.

Provide floor plans layouts for each of the proposeddwelling units in the project. The floor plans providedonly have a call out to the number of bedrooms ineach unit, but the layout of each unit is not provided.The floor plans shall show the proposed kitchen,bathroom, bedroom, and living area of each of theproposed dwelling units.

The dwelling units on this floor do not meet the requiredminimum floor area as required pursuant to BHMC Section10-3-2802. Revise project to provided required minimum dwellingunit size for each dwelling unit.

The dwelling units on this floor do not meet the requiredminimum floor area as required pursuant to BHMC Section10-3-2802. Revise project to provided required minimum dwellingunit size for each dwelling unit. $

$

$

$


$

$

$


$

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67$,5
67$,5
6)
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6)
678',2
5(6(/(9
(/(9$725/2%%<
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75$6+
,')
)5(,*+7(/(9
5' - 10" 121' - 1" 7"
7 '
-
0 "
1 5
2 '
-
0 "
1 1
'
-
0 "
7 '
-
0 "
1 5
2 '
-
0 "
1 1
'
-
0 "
3 7
'
-
2 "
2 8
'
-
4 "
2 0
'
-
2 "
1 5
'
-
7 "
1 4
'
-
4 "
1 5
'
-
6 "
2 0
'
-
1 1
"
5' - 10" 74' - 0" 47' - 8"
37' - 5" 30' - 3" 6' - 5"
5(6(/(9
1 0
6 '
-
7 "
1 4
'
-
4 "
3 1
'
-
2 "
94' - 11" 14' - 2" 12' - 1"

SEISMIC FAULT LINE
$

$

$

$


$

$

$


$

6)
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6)
%5
6)
%5

6)
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67$,5
67$,5
6)
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6)
678',2
5(6(/(9
(/(9$725/2%%<
,')
75$6+
,')
)5(,*+7(/(9
5' - 10" 121' - 1" 7"
7 '
-
0 "
1 5
2 '
-
0 "
1 1
'
-
0 "
7 '
-
0 "
1 5
2 '
-
0 "
1 1
'
-
0 "
3 7
'
-
2 "
2 8
'
-
4 "
2 0
'
-
2 "
1 5
'
-
9 "
1 4
'
-
2 "
1 5
'
-
6 "
2 0
'
-
1 1
"
5' - 10" 74' - 0" 47' - 8"
37' - 5" 30' - 6" 6' - 1"
5(6(/(9
16' - 8" 14' - 4" 39' - 2" 14' - 4" 36' - 7"
3 1
'
-
2 "
1 4
'
-
2 "
3 2
'
-
1 0
"
1 4
'
-
3 "
5 9
'
-
7 "

SEISMIC FAULT LINE
6+((77,7/(6+((7180%(5,668('$7(9(1,&(%/9%/26$1*(/(6&$ W
‹&23<5,*+7277,1*(5$5&+,7(&76


30
$

7+ 7+)/2253/$1

/,1'(1'5 
6/,1'(1'5
%(9(5/<+,//6&$


1 





 
  7+)/2253/$1  
  7+)/2253/$1

2.50 ft

2.50 ft

2.50 ft

2.50 ft
2'-6" Alley Dedication required on north side and rear of property per Street MasterPlan to widen existing 15' alley. No improvements can encroach into this area. Showthe required alley dedication area on the plans. 2'-6" ALLEY DEDICATION AREA 2'-6" ALLEY DEDICATION AREA 9'-0"

MINIMUM REQUIRED SIDE YARD SETBACK
15'-0"

REQUIRED

REAR YARD

SETBACK
(FROM NEW
REAR

PROPERTY
LINE/ POSTDEDICATION)
14'-0"

REQUIRED SIDE YARD SETBACK
(N. SIDE @ 9' + S. SIDE @ 14' = 23' CUMULATIVE SETBACK) 15'-0"

REQUIRED
FRONT
YARD

SETBACK
15'-0"

REQUIRED

REAR YARD

SETBACK
(FROM NEW
REAR

PROPERTY
LINE/ POSTDEDICATION)
9'-0"

MINIMUM REQUIRED SIDE YARD SETBACK
15'-0"

REQUIRED
FRONT
YARD

SETBACK
14'-0"

REQUIRED SIDE YARD SETBACK
(N. SIDE @ 9' + S. SIDE @ 14' = 23' CUMULATIVE SETBACK) Any portion of the the
proposed structurelocated above gradecannot encroach intothe required 15'-0"rear yard setback.

Adjust building design
accordingly.

Any portion of the the proposed structurelocated above grade cannot encroach intothe required 14'-0" side yard setback. Adjustbuilding design accordingly.

Any portion of the the
proposed structure locatedabove grade cannotencroach into the required15'-0" front yard setback.

Adjust building design
accordingly.

Any portion of the the proposed structure
located above grade cannot encroach intothe required 9'-0" side yard setback. Adjustbuilding design accordingly.

Show allrequired andproposedsetback lineson this drawing.

Provide floor plans layouts for each of the proposeddwelling units in the project. The floor plans providedonly have a call out to the number of bedrooms ineach unit, but the layout of each unit is not provided.The floor plans shall show the proposed kitchen,bathroom, bedroom, and living area of each of theproposed dwelling units.

The dwelling units on this floor do not meet the requiredminimum floor area as required pursuant to BHMC Section10-3-2802. Revise project to provided required minimum dwellingunit size for each dwelling unit.

The dwelling units on this floor do not meet the requiredminimum floor area as required pursuant to BHMC Section10-3-2802. Revise project to provided required minimum dwellingunit size for each dwelling unit. $

$

$

$


$

$

$


$

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6)
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67$,5
67$,5
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6)
678',2
5(6(/(9
(/(9$725/2%%<
,')
75$6+
,')
)5(,*+7(/(9
5' - 10" 121' - 1" 7"
7 '
-
0 "
1 5
2 '
-
0 "
1 1
'
-
0 "
7 '
-
0 "
1 5
2 '
-
0 "
1 1
'
-
0 "
3 7
'
-
2 "
2 8
'
-
4 "
2 0
'
-
2 "
1 5
'
-
1 "
3 0
'
-
4 "
2 0
'
-
1 1
"
5' - 10" 74' - 0" 47' - 8"
37' - 5" 30' - 3" 6' - 5"
5(6(/(9
4 5
'
-
3 "
1 4
'
-
4 "
2 2
'
-
1 0
"
1 4
'
-
2 "
5 5
'
-
5 "
40' - 4" 14' - 4" 66' - 5"

SEISMIC FAULT LINE
$

$

$

$


$

$

$


$

6)
%5$))

6)
%5
6)
%5

6)
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6)
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67$,5
67$,5
6)
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6)
678',2
5(6(/(9
(/(9$725/2%%<
,')
75$6+
,')
)5(,*+7(/(9
5' - 10" 121' - 1" 7"
7 '
-
0 "
1 5
2 '
-
0 "
1 1
'
-
0 "
7 '
-
0 "
1 5
2 '
-
0 "
1 1
'
-
0 "
3 7
'
-
2 "
2 8
'
-
4 "
2 1
'
-
1 "
1 4
'
-
1 "
3 0
'
-
5 "
2 0
'
-
1 1
"
5' - 10" 74' - 0" 47' - 8"
37' - 5" 30' - 3" 6' - 5"
5(6(/(9
40' - 4" 14' - 3" 40' - 1" 14' - 4" 12' - 0"
9 2
'
-
6 "
1 4
'
-
2 "
4 5
'
-
5 "

SEISMIC FAULT LINE
6+((77,7/(6+((7180%(5,668('$7(9(1,&(%/9%/26$1*(/(6&$ W
‹&23<5,*+7277,1*(5$5&+,7(&76


30
$
7+ 7+)/2253/$1

/,1'(1'5 
6/,1'(1'5
%(9(5/<+,//6&$


1 





 
  7+)/2253/$1  
  7+)/2253/$1

2.50 ft

2.50 ft

2.50 ft

2.50 ft
2'-6" Alley Dedication required on north side and rear of property per Street MasterPlan to widen existing 15' alley. No improvements can encroach into this area. Showthe required alley dedication area on the plans. 2'-6" ALLEY DEDICATION AREA 2'-6" ALLEY DEDICATION AREA 9'-0"

MINIMUM REQUIRED SIDE YARD SETBACK
15'-0"

REQUIRED

REAR YARD

SETBACK
(FROM NEW
REAR

PROPERTY
LINE/ POSTDEDICATION)
14'-0"

REQUIRED SIDE YARD SETBACK
(N. SIDE @ 9' + S. SIDE @ 14' = 23' CUMULATIVE SETBACK) 15'-0"

REQUIRED
FRONT
YARD

SETBACK
15'-0"

REQUIRED

REAR YARD

SETBACK
(FROM NEW
REAR

PROPERTY
LINE/ POSTDEDICATION)
9'-0"

MINIMUM REQUIRED SIDE YARD SETBACK
15'-0"

REQUIRED
FRONT
YARD

SETBACK
14'-0"

REQUIRED SIDE YARD SETBACK
(N. SIDE @ 9' + S. SIDE @ 14' = 23' CUMULATIVE SETBACK) Any portion of the the
proposed structurelocated above gradecannot encroach intothe required 15'-0"rear yard setback.

Adjust building design
accordingly.

Any portion of the the proposed structurelocated above grade cannot encroach intothe required 14'-0" side yard setback. Adjustbuilding design accordingly.

Any portion of the the
proposed structure locatedabove grade cannotencroach into the required15'-0" front yard setback.

Adjust building design
accordingly.

Any portion of the the proposed structure
located above grade cannot encroach intothe required 9'-0" side yard setback. Adjustbuilding design accordingly.

Show allrequired andproposedsetback lineson this drawing.

Provide floor plans layouts for each of the proposeddwelling units in the project. The floor plans providedonly have a call out to the number of bedrooms ineach unit, but the layout of each unit is not provided.The floor plans shall show the proposed kitchen,bathroom, bedroom, and living area of each of theproposed dwelling units.

The dwelling units on this floor do not meet the requiredminimum floor area as required pursuant to BHMC Section10-3-2802. Revise project to provided required minimum dwellingunit size for each dwelling unit.

The dwelling units on this floor do not meet the requiredminimum floor area as required pursuant to BHMC Section10-3-2802. Revise project to provided required minimum dwellingunit size for each dwelling unit. $

$

$

$


$

$

$


$

6)
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6)
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%5
6)
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6)
%5
6)
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67$,5
67$,5
6)
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5(6(/(9
(/(9$725/2%%<
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75$6+
,')
)5(,*+7(/(9

6)
%5
6)
%5$))
6)
%5
6)
678',2
6)
%5
5' - 10" 121' - 1" 7"
2 '
-
5 "
1 5
6 '
-
7 "
1 1
'
-
0 "
2 '
-
5 "
1 5
6 '
-
7 "
1 1
'
-
0 "
4 1
'
-
9 "
2 8
'
-
4 "
2 0
'
-
2 "
3 0
'
-
7 "
1 4
'
-
1 0
"
2 0
'
-
1 1
"
5' - 10" 74' - 0" 47' - 8"
37' - 5" 30' - 3" 6' - 5"
5(6(/(9
14' - 11" 91' - 2" 15' - 0"
1 4
'
-
4 "
4 5
'
-
5 "
1 4
'
-
2 "
3 2
'
-
1 0
"
1 4
'
-
2 "
3 5
'
-
9 "

SEISMIC FAULT LINE
$

$

$

$


$

$

$


$

,')
,')
5' - 10" 121' - 1" 7"
7 '
-
0 "
1 5
2 '
-
0 "
1 1
'
-
0 "
7 '
-
0 "
1 5
2 '
-
0 "
1 1
'
-
0 "
3 7
'
-
2 "
2 8
'
-
4 "
2 0
'
-
2 "
4 5
'
-
5 "
2 0
'
-
1 1
"
5' - 10" 67' - 11" 53' - 9"
37' - 5" 30' - 6"
6)
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67$,5
6)
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6)
678',2
5(6(/(9
75$6+ (/(9$725/2%%<
)5(,*+7(/(9
5(6(/(9
14' - 11" 106' - 3"
1 4
'
-
2 "
6 8
'
-
1 "
1 4
'
-
4 "
5 5
'
-
5 "

SEISMIC FAULT LINE
6+((77,7/(6+((7180%(5,668('$7(9(1,&(%/9%/26$1*(/(6&$ W
‹&23<5,*+7277,1*(5$5&+,7(&76


30
$
7+ 7+)/2253/$1

/,1'(1'5 
6/,1'(1'5
%(9(5/<+,//6&$


1 





 
  7+)/2253/$1  
  7+)/2253/$1

2.50 ft

2.50 ft

2.50 ft

2.50 ft
2'-6" Alley Dedication required on north side and rear of property per Street MasterPlan to widen existing 15' alley. No improvements can encroach into this area. Showthe required alley dedication area on the plans. 2'-6" ALLEY DEDICATION AREA 2'-6" ALLEY DEDICATION AREA 9'-0"

MINIMUM REQUIRED SIDE YARD SETBACK
15'-0"

REQUIRED

REAR YARD

SETBACK
(FROM NEW
REAR

PROPERTY
LINE/ POSTDEDICATION)
14'-0"

REQUIRED SIDE YARD SETBACK
(N. SIDE @ 9' + S. SIDE @ 14' = 23' CUMULATIVE SETBACK) 15'-0"

REQUIRED
FRONT
YARD

SETBACK
15'-0"

REQUIRED

REAR YARD

SETBACK
(FROM NEW
REAR

PROPERTY
LINE/ POSTDEDICATION)
9'-0"

MINIMUM REQUIRED SIDE YARD SETBACK
15'-0"

REQUIRED
FRONT
YARD

SETBACK
14'-0"

REQUIRED SIDE YARD SETBACK
(N. SIDE @ 9' + S. SIDE @ 14' = 23' CUMULATIVE SETBACK) Any portion of the the
proposed structurelocated above gradecannot encroach intothe required 15'-0"rear yard setback.

Adjust building design
accordingly.

Any portion of the the proposed structure
located above grade cannot encroach intothe required 14'-0" side yard setback. Adjustbuilding design accordingly.

Any portion of the theproposed structure locatedabove grade cannotencroach into the required15'-0" front yard setback.Adjust building designaccordingly.

Any portion of the the proposed structure
located above grade cannot encroach intothe required 9'-0" side yard setback. Adjustbuilding design accordingly.

Show allrequired andproposedsetback lineson this drawing.

Provide floor plans layouts for each of the proposeddwelling units in the project. The floor plans providedonly have a call out to the number of bedrooms ineach unit, but the layout of each unit is not provided.The floor plans shall show the proposed kitchen,bathroom, bedroom, and living area of each of theproposed dwelling units.

The dwelling units on this floor do not meet the requiredminimum floor area as required pursuant to BHMC Section10-3-2802. Revise project to provided required minimum dwellingunit size for each dwelling unit.

The dwelling units on this floor do not meet the requiredminimum floor area as required pursuant to BHMC Section10-3-2802. Revise project to provided required minimum dwellingunit size for each dwelling unit. $

$

$

$


$

$

$


$

6)
%5

6)
%5

6)
%5

6)
%5
6)
%5
6)
%5
6)
%5
67$,5
67$,5
,')
,')
5' - 10" 121' - 1" 7"
7 '
-
0 "
1 2
5 '
-
4 "
2 6
'
-
9 "
1 1
'
-
0 "
5' - 10" 74' - 0"
36' - 8" 31' - 3" 6' - 1"
2 8
'
-
9 "
2 0
'
-
6 "
1 5
'
-
8 "
1 4
'
-
2 "
1 5
'
-
7 "
2 '
-
5 "
1 3
5 '
-
8 "
3 1
'
-
1 0
"
4 '
-
6 "
3 6
'
-
6 "
47' - 8"
5(6(/(9
75$6+ (/(9$725/2%%<
)5(,*+7(/(9
5(6(/(9
70' - 2" 14' - 4" 10' - 5" 26' - 3"

SEISMIC FAULT LINE
$

$

$

$


$

$

$


$

,')
,')
5' - 10" 121' - 1" 7"
7 '
-
0 "
1 5
2 '
-
0 "
1 1
'
-
0 "
7 '
-
0 "
1 5
2 '
-
0 "
1 1
'
-
0 "
5' - 10" 74' - 0" 47' - 8"
37' - 5" 30' - 6" 6' - 1"
3 7
'
-
2 "
2 8
'
-
4 "
2 0
'
-
2 "
3 0
'
-
5 "
1 5
'
-
0 "
2 0
'
-
1 1
"
6)
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6)
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6)
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67$,5
6)
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6)
678',2
5(6(/(9
75$6+ (/(9$725/2%%<
)5(,*+7(/(9
5(6(/(9
5 9
'
-
6 "
1 4
'
-
5 "
3 2
'
-
8 "
1 4
'
-
4 "
3 1
'
-
2 "
70' - 2" 14' - 3" 21' - 8" 14' - 4"

SEISMIC FAULT LINE
6+((77,7/(6+((7180%(5,668('$7(9(1,&(%/9%/26$1*(/(6&$ W
‹&23<5,*+7277,1*(5$5&+,7(&76


30
$
7+ 7+)/2253/$1

/,1'(1'5 
6/,1'(1'5
%(9(5/<+,//6&$


1 





 
  7+)/2253/$1  
  7+)/2253/$1

2.50 ft

2.50 ft

2.50 ft

2.50 ft
2'-6" Alley Dedication required on north side and rear of property per Street MasterPlan to widen existing 15' alley. No improvements can encroach into this area. Showthe required alley dedication area on the plans. 2'-6" ALLEY DEDICATION AREA 2'-6" ALLEY DEDICATION AREA 9'-0"

MINIMUM REQUIRED SIDE YARD SETBACK
15'-0"

REQUIRED

REAR YARD

SETBACK
(FROM NEW
REAR

PROPERTY
LINE/ POSTDEDICATION)
14'-0"

REQUIRED SIDE YARD SETBACK
(N. SIDE @ 9' + S. SIDE @ 14' = 23' CUMULATIVE SETBACK) 15'-0"

REQUIRED
FRONT
YARD

SETBACK
15'-0"

REQUIRED

REAR YARD

SETBACK
(FROM NEW
REAR

PROPERTY
LINE/ POSTDEDICATION)
9'-0"

MINIMUM REQUIRED SIDE YARD SETBACK
15'-0"

REQUIRED
FRONT
YARD

SETBACK
14'-0"

REQUIRED SIDE YARD SETBACK
(N. SIDE @ 9' + S. SIDE @ 14' = 23' CUMULATIVE SETBACK) Any portion of the the
proposed structurelocated above gradecannot encroach intothe required 15'-0"rear yard setback.

Adjust building design
accordingly.

Any portion of the the proposed structure
located above grade cannot encroach intothe required 14'-0" side yard setback. Adjustbuilding design accordingly.

Any portion of the the
proposed structure locatedabove grade cannotencroach into the required15'-0" front yard setback.

Adjust building design
accordingly.

Any portion of the the proposed structure
located above grade cannot encroach intothe required 9'-0" side yard setback. Adjustbuilding design accordingly.

Show allrequired andproposedsetback lineson this drawing.

Provide floor plans layouts for each of the proposeddwelling units in the project. The floor plans providedonly have a call out to the number of bedrooms ineach unit, but the layout of each unit is not provided.The floor plans shall show the proposed kitchen,bathroom, bedroom, and living area of each of theproposed dwelling units.

The dwelling units on this floor do not meet the requiredminimum floor area as required pursuant to BHMC Section10-3-2802. Revise project to provided required minimum dwellingunit size for each dwelling unit.

The dwelling units on this floor do not meet the requiredminimum floor area as required pursuant to BHMC Section10-3-2802. Revise project to provided required minimum dwellingunit size for each dwelling unit. $

SOLAR PANEL TRELLIS OVER MECH E4UIP
MECHANICAL E4UIP
MECHANICAL E4UIP
$

$

$


$

$

$


$

5' - 10" 94' - 11" 26' - 10"
7 '
-
0 "
1 3
1 '
-
1 "
3 1
'
-
1 0
"
4 4
'
-
8 "
2 1
'
-
3 "
6 5
'
-
2 "
5' - 10" 67' - 11" 53' - 9"
31' - 6" 36' - 6"
4 4
'
-
9 "
1 0
'
-
6 "
5 '
-
1 0
"
84' - 5" 10' - 6"
67$,5
67$,5
3 1
'
-
1 0
"
1 3
1 '
-
1 "
7 '
-
0 "
7 0
'
-
1 "

SEISMIC FAULT LINE
$

$

$

$


$

$

$


$

6)
%53(17+286( )5(,*+7(/(9
6)
%53(17+286(
5' - 10" 94' - 11" 26' - 10"
7 '
-
0 "
1 3
1 '
-
1 "
3 1
'
-
1 0
"
1 5
'
-
6 "
1 4
'
-
4 "
1 5
'
-
7 "
1 9
'
-
9 "
6 5
'
-
1 1
"
5' - 10" 74' - 0" 47' - 8"
36' - 8" 31' - 3" 6' - 1"
3 1
'
-
1 0
"
1 3
1 '
-
1 "
7 '
-
0 "
1 0
'
-
6 "
5 '
-
1 0
"
67$,5
(/(9$725/2%%<
5(6(/(9
75$6+
67$,5
4 4
'
-
9 "
7 0
'
-
1 "
5(6(/(9
522)
'(&.

SEISMIC FAULT LINE
,')
6+((77,7/(6+((7180%(5,668('$7(9(1,&(%/9%/26$1*(/(6&$ W
‹&23<5,*+7277,1*(5$5&+,7(&76


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7+)/2253/$1

SOLAR PANEL TRELLIS

2.50 ft

2.50 ft

2.50 ft

2.50 ft
2'-6" Alley Dedication required on north side and rear of property per Street MasterPlan to widen existing 15' alley. No improvements can encroach into this area. Showthe required alley dedication area on the plans. 2'-6" ALLEY DEDICATION AREA 2'-6" ALLEY DEDICATION AREA 9'-0"

MINIMUM REQUIRED SIDE YARD SETBACK
15'-0"

REQUIRED

REAR YARD

SETBACK
(FROM NEW
REAR

PROPERTY
LINE/ POSTDEDICATION)
14'-0"

REQUIRED SIDE YARD SETBACK
(N. SIDE @ 9' + S. SIDE @ 14' = 23' CUMULATIVE SETBACK) 15'-0"

REQUIRED
FRONT
YARD

SETBACK
15'-0"

REQUIRED

REAR YARD

SETBACK
(FROM NEW
REAR

PROPERTY
LINE/ POSTDEDICATION)
9'-0"

MINIMUM REQUIRED SIDE YARD SETBACK
15'-0"

REQUIRED
FRONT
YARD

SETBACK
14'-0"

REQUIRED SIDE YARD SETBACK
(N. SIDE @ 9' + S. SIDE @ 14' = 23' CUMULATIVE SETBACK) Any portion of the the
proposed structurelocated above gradecannot encroach intothe required 15'-0"rear yard setback.

Adjust building design
accordingly.

Any portion of the the proposed structure
located above grade cannot encroach intothe required 9'-0" side yard setback. Adjustbuilding design accordingly.

Show allrequired andproposedsetback lineson this drawing.

Provide floor plans layouts for each of the proposeddwelling units in the project. The floor plans providedonly have a call out to the number of bedrooms ineach unit, but the layout of each unit is not provided.The floor plans shall show the proposed kitchen,bathroom, bedroom, and living area of each of theproposed dwelling units.

Show the proposed rooftop mechanicalequipment screening on all sections andelevations, as the proposed screening doesnot to be shown on the sections andelevations provided. Pursuant to BHMCSection 10-3-100 (Height), the max height is15'-0" for mechanical equipment penthousesand enclosures. 1ST FLOOR
255.93
2ND FLOOR
270.93
3RD FLOOR
285.93
4TH FLOOR
295.93

TO PARAPET
461.43

ROOF LEVEL
457.93
5TH FLOOR
305.93

ROOF STRUCTURES
468.93
7<3

7<3

6TH FLOOR
315.93
7TH FLOOR
325.93
8TH FLOOR
335.93
12TH FLOOR
375.93

HIGHEST POINT
258.05
3/ 3/ 7<3

7<3

7' - 6" 3' - 6" 12' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 15' - 0" 15' - 0" 200' - 0".
9TH FLOOR
345.93
10TH FLOOR
355.93
11TH FLOOR
365.93
13TH FLOOR
385.93
14TH FLOOR
395.93
15TH FLOOR
405.93
16TH FLOOR
415.93
17TH FLOOR
425.93
18TH FLOOR
435.93
19TH FLOOR
445.93
7<3

1 CLEAR ANODIZED ALUMINUM WINDOW SYSTEM W

LOW E GLASS
2 CLEAR ANONODIZED ALUMINUM STOREFRONT3 42" HIGH GLASS GUARDRAIL4E;TERIOR SMOOTH PLASTER, WHITE5 42" HIGH PARAPET6 METAL PANEL SIDING, WHITE 6+((77,7/(6+((7180%(5,668('$7(9(1,&(%/9%/26$1*(/(6&$ W
‹&23<5,*+7277,1*(5$5&+,7(&76


30
$
(/(9$7,216

/,1'(1'5 
6/,1'(1'5
%(9(5/<+,//6&$


.(<127(6
 
  ($67%8,/',1*(/(9$7,21
Show allrequired andproposedsetback lineson this drawing. 169.71 ft

60.00 ft 110.00 ft

HEIGHT DISTRICT B
MAX 4 STORIES / 45' TALL

HEIGHT DISTRICT C
MAX 5 STORIES / 55' TALL

45.00 ft

55.00 ft

HEIGHT DISTRICT B
MAX 4 STORIES / 45' TALL

HEIGHT DISTRICT C
MAX 5 STORIES / 55' TALL
The property at 129 S. Linden Drive is located withinHeight District B, which allows development with amaximum of 4 stories and a maximum height of 45'.The proposed design of the project within this portion ofthe property exceeds these height and story limitationsand will need to reduced in scale to conform to theapplicable height district.Alternatively, the proposed project would needs to see a Zone Change/General Plan Amendment to allow forconsideration of the proposed development, as thisproject appears to exceed density and height limitationsestablished in the City's General Plan and MunicipalCode.

The property at 125 S. Linden Drive (Also known as9744 Wilshire Blvd) is located within Height District C,which allows development with a maximum of 5 storiesand a maximum height of 55'. The proposed design ofthe project within this portion of the property exceedsthese height and story limitations and will need toreduced in scale to conform to the applicable heightdistrict.Alternatively, the proposed project would needs to see aZone Change/General Plan Amendment to allow forconsideration of the proposed development, as thisproject appears to exceed density and height limitationsestablished in the City's General Plan and MunicipalCode.

2.50 ft
2'-6" Alley Dedication required on north side and rear ofproperty per Street Master Plan to widen existing 15' alley.No improvements can encroach into this area. Show therequired alley dedication area on the plans.

Revise the elevations and renderingsprovided for the project, as required,to address the corrections andcomments provided in the redlinedset of plans.

Call out the height of all proposed rooftop elements, includingthe proposed rooftop elevators, rooftop stairs, mechanicalequipment screening, and any unoccupied architecturalfeatures (e.g., rooftop trellises and similar). The rooftopelements shall comply with the maximum heights detailedunder the definition of "Height of Building" for Multiple-FamilyResidential Zones in BHMC Section 10-3-100. 1ST FLOOR
255.93
2ND FLOOR
270.93
3RD FLOOR
285.93
4TH FLOOR
295.93

TO PARAPET
461.43

ROOF LEVEL
457.93
5TH FLOOR
305.93

ROOF STRUCTURES
468.93
6TH FLOOR
315.93
7TH FLOOR
325.93
8TH FLOOR
335.93
12TH FLOOR
375.93

HIGHEST POINT
258.05
3/ 3/
7<3

7<3

1 5
'
-
0 "
1 5
'
-
0 "
1 0
'
-
0 "
1 0
'
-
0 "
1 0
'
-
0 "
1 0
'
-
0 "
1 0
'
-
0 "
1 0
'
-
0 "
1 0
'
-
0 "
1 0
'
-
0 "
1 0
'
-
0 "
1 0
'
-
0 "
1 0
'
-
0 "
1 0
'
-
0 "
1 0
'
-
0 "
1 0
'
-
0 "
1 0
'
-
0 "
1 0
'
-
0 "
1 2
'
-
0 "3'
-
6 "
7 '
-
6 "
2 0
0 '
-
0 "
.
9TH FLOOR
345.93
10TH FLOOR
355.93
11TH FLOOR
365.93
13TH FLOOR
385.93
14TH FLOOR
395.93
15TH FLOOR
405.93
16TH FLOOR
415.93
17TH FLOOR
425.93
18TH FLOOR
435.93
19TH FLOOR
445.93
7<3

7<3

7<3

6+((77,7/(6+((7180%(5,668('$7(9(1,&(%/9%/26$1*(/(6&$ W
‹&23<5,*+7277,1*(5$5&+,7(&76


30
$
(/(9$7,216

/,1'(1'5 
6/,1'(1'5
%(9(5/<+,//6&$


 
  1257+%8,/',1*(/(9$7,21
1 CLEAR ANODIZED ALUMINUM WINDOW SYSTEM W

LOW E GLASS
2 CLEAR ANONODIZED ALUMINUM STOREFRONT3 42" HIGH GLASS GUARDRAIL4E;TERIOR SMOOTH PLASTER, WHITE5 42" HIGH PARAPET6 METAL PANEL SIDING, WHITE .(<127(6
Show allrequired andproposedsetback lineson this drawing.

2.50 ft
2'-6" Alley Dedication required on north side and rear ofproperty per Street Master Plan to widen existing 15' alley.No improvements can encroach into this area. Show therequired alley dedication area on the plans.

See comments related to building
height on Sheets A24 and A26.

Adjust building height accordingly.

Revise the elevations and renderingsprovided for the project, as required,to address the corrections andcomments provided in the redlinedset of plans.

15.00 ft

15.00 ft
Any portion of the the
proposed structure locatedabove grade cannotencroach into the required15'-0" front yard setback.

Adjust building design
accordingly.

Any portion of the theproposed structurelocated above gradecannot encroach intothe required 15'-0"rear yard setback.Adjust building designaccordingly. 15'-0"

REQUIRED

REAR YARD

SETBACK
(FROM NEW
REAR

PROPERTY
LINE/ POSTDEDICATION)
15'-0"

REQUIRED
FRONT
YARD

SETBACK
Call out the height of all proposed rooftop elements, includingthe proposed rooftop elevators, rooftop stairs, mechanicalequipment screening, and any unoccupied architecturalfeatures (e.g., rooftop trellises and similar). The rooftopelements shall comply with the maximum heights detailedunder the definition of "Height of Building" for Multiple-FamilyResidential Zones in BHMC Section 10-3-100. 1ST FLOOR
255.93
2ND FLOOR
270.93
3RD FLOOR
285.93
4TH FLOOR
295.93

TO PARAPET
461.43

ROOF LEVEL
457.93
5TH FLOOR
305.93

ROOF STRUCTURES
468.93
6TH FLOOR
315.93
7TH FLOOR
325.93
8TH FLOOR
335.93
12TH FLOOR
375.93

HIGHEST POINT
258.05
3/ 3/
7<3

7' - 6"
3' - 6"
12' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 15' - 0" 15' - 0" 7<3

7<3

9TH FLOOR
345.93
10TH FLOOR
355.93
11TH FLOOR
365.93
13TH FLOOR
385.93
14TH FLOOR
395.93
15TH FLOOR
405.93
16TH FLOOR
415.93
200' - 0".
17TH FLOOR
425.93
18TH FLOOR
435.93
19TH FLOOR
445.93
*$5$*((175<
7<3

7<3

6+((77,7/(6+((7180%(5,668('$7(9(1,&(%/9%/26$1*(/(6&$ W
‹&23<5,*+7277,1*(5$5&+,7(&76


30
$
(/(9$7,216

/,1'(1'5 
6/,1'(1'5
%(9(5/<+,//6&$


1 CLEAR ANODIZED ALUMINUM WINDOW SYSTEM W

LOW E GLASS
2 CLEAR ANONODIZED ALUMINUM STOREFRONT3 42" HIGH GLASS GUARDRAIL4E;TERIOR SMOOTH PLASTER, WHITE5 42" HIGH PARAPET6 METAL PANEL SIDING, WHITE .(<127(6
 
  :(67%8,/',1*(/(9$7,21
Show allrequired andproposedsetback lineson this drawing. 169.71 ft
110.00 ft 60.00 ft

HEIGHT DISTRICT C
MAX 5 STORIES / 55' TALL

HEIGHT DISTRICT B
MAX 4 STORIES / 45' TALL

45.00 ft

55.00 ft
The property at 129 S. Linden Drive is located withinHeight District B, which allows development with amaximum of 4 stories and a maximum height of 45'.The proposed design of the project within this portion ofthe property exceeds these height and story limitationsand will need to reduced in scale to conform to theapplicable height district.Alternatively, the proposed project would needs to see a Zone Change/General Plan Amendment to allow forconsideration of the proposed development, as thisproject appears to exceed density and height limitationsestablished in the City's General Plan and MunicipalCode.

The property at 125 S. Linden Drive (Also known as9744 Wilshire Blvd) is located within Height District C,which allows development with a maximum of 5 storiesand a maximum height of 55'. The proposed design ofthe project within this portion of the property exceedsthese height and story limitations and will need toreduced in scale to conform to the applicable heightdistrict.Alternatively, the proposed project would needs to see a Zone Change/General Plan Amendment to allow forconsideration of the proposed development, as thisproject appears to exceed density and height limitationsestablished in the City's General Plan and MunicipalCode.

HEIGHT DISTRICT B
MAX 4 STORIES / 45' TALL

HEIGHT DISTRICT C
MAX 5 STORIES / 55' TALL

2.50 ft
2'-6" Alley Dedication required on north side and rear ofproperty per Street Master Plan to widen existing 15' alley.No improvements can encroach into this area. Show therequired alley dedication area on the plans.

9.00 ft

14.00 ft
Revise the elevations and renderingsprovided for the project, as required,to address the corrections andcomments provided in the redlinedset of plans.

Call out the height of all proposed rooftop elements, includingthe proposed rooftop elevators, rooftop stairs, mechanicalequipment screening, and any unoccupied architecturalfeatures (e.g., rooftop trellises and similar). The rooftopelements shall comply with the maximum heights detailedunder the definition of "Height of Building" for Multiple-FamilyResidential Zones in BHMC Section 10-3-100. 1ST FLOOR
255.93
2ND FLOOR
270.93
3RD FLOOR
285.93
4TH FLOOR
295.93

TO PARAPET
461.43

ROOF LEVEL
457.93
5TH FLOOR
305.93

ROOF STRUCTURES
468.93
6TH FLOOR
315.93
7TH FLOOR
325.93
8TH FLOOR
335.93
12TH FLOOR
375.93

HIGHEST POINT
258.05
3/ 3/
7 '
-
6 "
3 '
-
6 "
1 2
'
-
0 "
1 0
'
-
0 "
1 0
'
-
0 "
1 0
'
-
0 "
1 0
'
-
0 "
1 0
'
-
0 "
1 0
'
-
0 "
1 0
'
-
0 "
1 0
'
-
0 "
1 0
'
-
0 "
1 0
'
-
0 "
1 0
'
-
0 "
1 0
'
-
0 "
1 0
'
-
0 "
1 0
'
-
0 "
1 0
'
-
0 "
1 0
'
-
0 "
1 5
'
-
0 "
1 5
'
-
0 "
2 0
0 '
-
0 "
.
7<3

7<3

7<3

9TH FLOOR
345.93
10TH FLOOR
355.93
11TH FLOOR
365.93
13TH FLOOR
385.93
14TH FLOOR
395.93
15TH FLOOR
405.93
16TH FLOOR
415.93
17TH FLOOR
425.93
18TH FLOOR
435.93
19TH FLOOR
445.93
7<3

7<3

7<3

6+((77,7/(6+((7180%(5,668('$7(9(1,&(%/9%/26$1*(/(6&$ W
‹&23<5,*+7277,1*(5$5&+,7(&76


30
$
(/(9$7,216

/,1'(1'5 
6/,1'(1'5
%(9(5/<+,//6&$


1 CLEAR ANODIZED ALUMINUM WINDOW SYSTEM W

LOW E GLASS
2 CLEAR ANONODIZED ALUMINUM STOREFRONT3 42" HIGH GLASS GUARDRAIL4E;TERIOR SMOOTH PLASTER, WHITE5 42" HIGH PARAPET6 METAL PANEL SIDING, WHITE .(<127(6
 
  6287+%8,/',1*(/(9$7,21

15.00 ft

2.50 ft

15.00 ft
Show allrequired andproposedsetback lineson this drawing. 2'-6" Alley Dedication required on north side and rear of property per Street MasterPlan to widen existing 15' alley. No improvements can encroach into this area. Showthe required alley dedication area on the plans.

See comments related to building
height on Sheets A24 and A26.

Adjust building height accordingly.

Revise the elevations and renderingsprovided for the project, as required,to address the corrections andcomments provided in the redlinedset of plans.

Any portion of the the
proposed structurelocated above gradecannot encroach intothe required 15'-0"rear yard setback.

Adjust building design
accordingly.

Any portion of the the
proposed structure locatedabove grade cannotencroach into the required15'-0" front yard setback.

Adjust building design
accordingly.
15'-0"

REQUIRED
FRONT
YARD

SETBACK
15'-0"

REQUIRED

REAR YARD

SETBACK
(FROM NEW
REAR

PROPERTY
LINE/ POSTDEDICATION)
Call out the height of all proposed rooftop elements, includingthe proposed rooftop elevators, rooftop stairs, mechanicalequipment screening, and any unoccupied architecturalfeatures (e.g., rooftop trellises and similar). The rooftopelements shall comply with the maximum heights detailedunder the definition of "Height of Building" for Multiple-FamilyResidential Zones in BHMC Section 10-3-100. 1ST FLOOR
255.93
2ND FLOOR
270.93
3RD FLOOR
285.93
4TH FLOOR
295.93
LEVEL P1
244.93
LEVEL P2
234.93

TO PARAPET
461.43

ROOF LEVEL
457.93
LEVEL P3
224.93
5TH FLOOR
305.93

ROOF STRUCTURES
468.93

LOWEST POINT
255.82
6TH FLOOR
315.93
7TH FLOOR
325.93
8TH FLOOR
335.93
12TH FLOOR
375.93

HIGHEST POINT
258.05
9TH FLOOR
345.93
10TH FLOOR
355.93
11TH FLOOR
365.93
13TH FLOOR
385.93
14TH FLOOR
395.93
15TH FLOOR
405.93
16TH FLOOR
415.93
10' - 0" 10' - 0" 10' - 0" 11' - 0" 15' - 0" 15' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 12' - 0" 3' - 6"
7' - 6"
17TH FLOOR
425.93
18TH FLOOR
435.93
19TH FLOOR
445.93
LEVEL P4
214.93
202' - 0"
3/ 3/
+27(/5(6785$17
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5220 3$5.,1*5$03
+27(/
5220
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%5$)) 678',2$)) 678',2%5$)) 678',2$))%5$))
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3$5.,1*3$5.,1*3$5.,1*3$5.,1*
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1 MECHANICAL TRELLIS2 MECHANICAL E4UIPMENT3 ELEVATOR PENTHOUSE4 STAIR PENTHOUSE 





.(<127(6
 
  6(&7,21
Proposed Hotel and Hotel Restaurant use ofproperty is not a permissible use within the City'sR-4 Zone. Such use requires a General PlanAmendment and Zone Change to allow for consideration of a mixed use development of thisdensity.Remove the proposed hotel and hotel restaurantuses from the project. The residential compenant ofthis project shall be design in compliance with Title10, Chapter 3, Article 28 of the Beverly HillsMunicipal Code +27(/5(6785$17 +27(/ 5220
+27(/
5220
+27(/
5220
+27(/
5220
+27(/
5220
+27(/
5220
+27(/
5220
+27(/
5220
+27(/
5220
+27(/
5220
+27(/
5220
+27(/
5220
+27(/
5220+27(/
5220
+27(/
5220
+27(/
5220
+27(/(/(
5(6(/(9
,') ,') ,') &255
(
9 15.00 ft

2.50 ft

15.00 ft
Show allrequired andproposedsetback lineson this drawing.

See comments related to building
height on Sheets A24 and A26.

Adjust building height accordingly.

Call out the height of all proposed rooftop elements, includingthe proposed rooftop elevators, rooftop stairs, mechanicalequipment screening, and any unoccupied architecturalfeatures (e.g., rooftop trellises and similar). The rooftopelements shall comply with the maximum heights detailedunder the definition of "Height of Building" for Multiple-FamilyResidential Zones in BHMC Section 10-3-100. 1ST FLOOR
255.93
2ND FLOOR
270.93
3RD FLOOR
285.93
4TH FLOOR
295.93
LEVEL P1
244.93
LEVEL P2
234.93

TO PARAPET
461.43

ROOF LEVEL
457.93
LEVEL P3
224.93
5TH FLOOR
305.93

ROOF STRUCTURES
468.93

LOWEST POINT
255.82
6TH FLOOR
315.93
7TH FLOOR
325.93
8TH FLOOR
335.93
12TH FLOOR
375.93

HIGHEST POINT
258.05
9TH FLOOR
345.93
10TH FLOOR
355.93
11TH FLOOR
365.93
13TH FLOOR
385.93
14TH FLOOR
395.93
15TH FLOOR
405.93
16TH FLOOR
415.93
17TH FLOOR
425.93
18TH FLOOR
435.93
19TH FLOOR
445.93
LEVEL P4
214.93
2 0
2 '
-
0 "
1 5
'
-
0 "
1 5
'
-
0 "
1 0
'
-
0 "
1 0
'
-
0 "
1 0
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1 0
'
-
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1 0
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-
0 "
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-
0 "
1 0
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-
0 "
1 0
'
-
0 "
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-
0 "
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'
-
0 "
1 0
'
-
0 "
1 0
'
-
0 "
1 0
'
-
0 "
1 0
'
-
0 "
1 0
'
-
0 "
1 0
'
-
0 "
1 2
'
-
0 "
3 '
-
6 "
7 '
-
6 "
3/ 3/
+27(/
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67$,567$,567$,567$,567$,567$,567$,567$,567$,567$,567$,567$,567$,567$,567$,567$,567$,567$,5 6+((77,7/(6+((7180%(5,668('$7(9(1,&(%/9%/26$1*(/(6&$ W
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6(&7,216

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1 MECHANICAL TRELLIS2 MECHANICAL E4UIPMENT3 ELEVATOR PENTHOUSE4 STAIR PENTHOUSE 





.(<127(6
 
  6(&7,21

15.00 ft

2.50 ft
$//
/
$//

2.00 ft

15.00 ft
Pursuant to BHMC Section 10-3-2811, basement garage are allowedto encroach into front yard setback areas. However, the portion of thebasement garage built into this setback area needs to be located 2'lower than the grade of the adjacent sidewalk. Additionally, that 2'depression shall used to provide planting areas along the frontelevations. As shown in this section, the basement garage is currentlydesigned to be at the same level as the adjacent sidewalk.Revise the design of the basement garage that encroaches into thestreet side setback area so that it is 2' lower than the adjacentsidewalk along Linden Drive.

Any portion of the the
proposed structurelocated above gradecannot encroach intothe required 15'-0"rear yard setback.

Adjust building design
accordingly.

Any portion of the the
proposed structure locatedabove grade cannotencroach into the required15'-0" front yard setback.

Adjust building design
accordingly.

Proposed Hotel and Hotel Restaurant use ofproperty is not a permissible use within the City'sR-4 Zone. Such use requires a General PlanAmendment and Zone Change to allow for consideration of a mixed use development of thisdensity.Remove the proposed hotel and hotel restaurantuses from the project. The residential compenant ofthis project shall be design in compliance with Title10, Chapter 3, Article 28 of the Beverly HillsMunicipal Code +27(/
5220
+27(/
5220
+27(/
5220
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5220
/
0 /
0 +27(/
5220
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5220
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5220
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+27(/6+27(/68+27(/68 +27(/ 5220 +27(/ 5220 +27(/ 5220 +27(/ 5220 +27(/
5220
+27(/
5220
+27(/
5220
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67$,567$,567$,567$,5
+
5 +
5 68,7(
8,7(8,7(8,7(

11.50 ft

13.50 ft
See comments related to building
height on Sheets A24 and A26.

Adjust building height accordingly.

Call out the height of all proposed rooftop elements, includingthe proposed rooftop elevators, rooftop stairs, mechanicalequipment screening, and any unoccupied architecturalfeatures (e.g., rooftop trellises and similar). The rooftopelements shall comply with the maximum heights detailedunder the definition of "Height of Building" for Multiple-FamilyResidential Zones in BHMC Section 10-3-100. 633 West Fifth Street
64th Floor
Los Angeles, CA 90071
213.557.7222
www.rpnllp.com
Dave Rand
213.557.7224
[email protected]
August 9, 2023

VIA EMAIL
Edgar Arroyo, Senior Planner
Community Development Department
Planning Division
City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210

Re: Response to Deemed Incomplete Letter
125 – 129 South Linden Drive – Development Plan Review (PL2300126) Dear Mr. Arroyo,
We are submitting this transmittal on behalf of 9300 Wilshire, LLC (the “Applicant”) in connection with the Development Plan Review application (“DPR Application”) for the proposed mixed use project at 125-129 South Linden Drive (“Site”), assigned case number PL2300126 (the “Project” or “DPR Project”). This transmittal, consisting of this letter and the associated attachments, serves as the Applicant’s formal written response to the letter issued by the City of Beverly Hills (“City”) on May 12, 2023, which stated that the DPR Application had been deemed incomplete (the “Deemed Incomplete Letter”). This transmittal is being sent to the City within 90 days of the date of the Deemed Incomplete Letter, in conformance with Government Code Section 65941.1(d)(2).

As set forth in Attachment B, detailed written responses to each of the Deemed Incomplete Letter’s 38 comments are being provided to the City, and Attachments C through G comprise all of the specific information identified as outstanding by the Deemed Incomplete Letter and needed to complete the DPR Application. In addition, this letter provides the Applicant’s responses to the Deemed Incomplete Letter’s assertions that 1) the Project’s previously established vested rights have been lost, and 2) that additional entitlement approvals, including a General Plan amendment and zone change, are required to permit the Project. As described below, both of these assertions are erroneous, and reflect the City’s misunderstanding of State law requirements established by the vesting provisions of the Housing Crisis Act of 2019 (“SB 330”),1 the “Builders Remedy” provision of the State Housing Accountability Act (“HAA”),
2 and the Permit Streamlining Act (“PSA”).3
Following its receipt of this timely
1 Government Code Section 65941.1.
2 Government Code Section 65589.5(d)(5).
3 Government Code Section 65943(a).

ATTACHMENT D - RESPONSE TO FIRST INCOMPLETE LETTER
Edgar Arroyo
August 9, 2023

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