Beverly Hills City Council
February 6, 2024

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: AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING TITLE 10, CHAPTER 3, ARTICLE 12 OF BEVERLY HILLS

MUNICIPAL CODE TO ALLOW FOR THE EXPANSION OF EXISTING

RESTAURANT USES AND THE ESTABLISHMENT OF NEW

RESTAURANT USES WITH ROOFTOP OUTDOOR DINING FOR

EXISTING LEGALLY NONCONFORMING HOTELS LOCATED IN THE
R-4 MULTIPLE RESIDENTIAL ZONE; AND,

FINDING THE AMENDMENTS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
Attachments: 1. Draft Ordinance

2. Planning Commission Staff Report w/o Attachments (10/26/2023)

3. Planning Commission Staff Report w/o Attachments (12/4/2023)

4. Planning Commission Resolution No. 2046

5. Planning Commission Resolution No. 2047

6. Planning Commission Resolution No. 2015

7. Redlined Zone Text Amendment Language

8. Public Notices

9. Public Correspondence

10. Project Plans

RECOMMENDATION
Pursuant to the Planning Commission’s review and recommendation, staff recommends the City Council move to waive the full reading of the ordinance and introduce and read by title only the ordinance entitled “AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING TITLE 10, CHAPTER 3, ARTICLE 12 OF BEVERLY HILLS MUNICIPAL CODE TO ALLOW FOR THE

EXPANSION OF EXISTING RESTAURANT USES AND THE ESTABLISHMENT OF NEW

RESTAURANT USES WITH ROOFTOP OUTDOOR DINING FOR EXISTING LEGALLY Meeting Date: February 6, 2024

NONCONFORMING HOTELS LOCATED IN THE R-4 MULTIPLE RESIDENTIAL ZONE AND

FINDING THE AMENDMENTS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.” This ordinance is being considered as part of an applicant-initiated Zone Text Amendment (ZTA) and amendments to previously issued Conditional Use Permit (CUP), Development Plan Review (DPR), and Extended Hours Permit (EHP) approvals to allow continued operation of existing restaurant and rooftop uses at the L’Ermitage Hotel, located at 9291 Burton Way (the “project site”), as well as to allow the expansion of the dining and bar area within the ground floor restaurant and establishment of a new rooftop restaurant with outdoor dining and bar area. The draft ordinance as recommended by the Planning Commission is included in Attachment 1.

INTRODUCTION
On October 26, 2023, the Planning Commission reviewed the proposed project (Attachment 2), which includes renewal and amendments to existing CUP, DPR, and EHP approvals pertaining to the operation of existing hotel restaurant and rooftop operations, along with an applicantinitiated ZTA and draft ordinance (Attachment 1) to amend Beverly Hills Municipal Code (BHMC) §10-3-1207 regulating the establishment of restaurants in existing legally nonconforming hotels located within the City’s R-4, Multiple Residential Zones. As part of the planned improvements to the ground floor restaurant associated with the proposed ZTA, the applicant seeks to convert existing meeting room area located in the rotunda building into a new dining room of approximately 660 SF in size (Fig. 1). The ground floor restaurant improvements would also include conversion of existing meeting rooms on the first and second floor into kitchen and back-of-house preparation and storage areas. The improvements to the existing hotel rooftop include the conversion of a portion of an existing storage area (Fig. 2) into a kitchen to serve the planned rooftop restaurant use, along with the repurposing of an existing rooftop lounge area for hotel guests into 1,960 SF of new outdoor bar and dining area (Fig. 3).

Fig. 1: Proposed Floor Plan – Ground Floor
Source: Architectural Plans, WATG
Meeting Date: February 6, 2024

Fig. 2: Demolition Plan – Roof Level
Source: Architectural Plans, WATG
Fig. 3: Proposed Floor Plan – Roof Level
Source: Architectural Plans, WATG
Meeting Date: February 6, 2024

At the hearing, the Planning Commission reviewed the proposal, received public testimony regarding the project, discussed the proposed amendments to the existing approvals and the proposed ZTA language. Key points of the Commission’s discussion included:
• The applicability of the proposed ZTA language to other existing legally nonconforming hotels in the R-4 Zone.
• Relationship of existing rooftop dining regulations to the proposed ZTA. • Relationship between private dining rooms and the proposed ground floor restaurant expansion.
• Concerns with the proposal to allow for ambient sound from the interior of the hotel restaurant to project into the restaurant’s outdoor dining area on the ground floor. • Desire to retain existing conditions of approval regarding the pickup of trash and debris on the north and south sides of Burton Way.

The Commission provided feedback regarding the project and directed staff to prepare a resolution recommending approval of the ZTA to the City Council and a resolution approving the project and proposed amendments to the existing entitlements, continuing consideration of the project to December 14, 2023 (Attachment 3).

At the December 14th meeting, the Commission adopted a resolution recommending approval of the ZTA request and draft ordinance to the City Council (Attachment 4). The draft ordinance would allow for the expansion of bar and dining area within existing hotel restaurants and the establishment of new bar and dining area that is open to the public on the rooftop of an existing legally nonconforming hotel as part of a CUP request. Additionally, the Commission adopted a resolution approving the renewal and amendments to the existing CUP, DPR, and EHP entitlements (Attachment 5). The amendments include modifications to existing conditions of approval regulating indoor and outdoor dining operations, amplified sound, and deliveries, the planned expansion of the existing ground floor restaurant’s bar and dining area, and the establishment of a new rooftop restaurant with outdoor dining and bar areas on the existing rooftop of the L’Ermitage Hotel associated with the ZTA request. A redlined version of the proposed ZTA language adopted by the Commission amending BHMC §10-3-1207 is provided as Attachment 7.

The approval of the amendments to the CUP, DPR, and EHP are contingent upon the ZTA being approved by the Council. Should the Council deny the ZTA, the Commission’s approval of the CUP would become void and the applicant would not be allowed to expand the existing ground floor restaurant bar and dining are or establish new restaurant uses with outdoor dining and bars areas on the rooftop of the hotel.

DISCUSSION AND ANALYSIS
The ZTA would allow for the expansion of bar and dining area within existing hotel restaurants and the establishment of new bar and dining area that is open to the public on the rooftop of an existing legally nonconforming hotel as part of a CUP request. Specifically, the proposed amended ZTA language would allow the following improvements at the project site:
• The expansion of dining and bar area in the existing ground floor restaurant through the conversion of existing meeting rooms into additional new dining and back of house kitchen areas.

Meeting Date: February 6, 2024

• The establishment of a new restaurant on the hotel’s rooftop. The proposal would include the partial demolition of an existing enclosed rooftop storage area and construction of an outdoor cabana with new bar and dining seating and the conversion of the remaining portion of the enclosed storage area into a kitchen to serve the planned restaurant use. The new rooftop restaurant would be open to the public and provide the outdoor dining on the southwest portion of the rooftop.

In reviewing the applicant-proposed ZTA and draft ordinance, the Commission expressed support of the ZTA including revisions recommended by staff to clarify that only existing enclosed rooftop structures are eligible for conversion into new restaurant kitchen facilities.

After deliberations, the Commission adopted Resolution No. 2046, recommending approval of the ZTA and draft ordinance to the City Council (Attachment 4). Additionally, the Commission adopted Resolution No. 2047, approving the renewal of existing entitlements and amendments to the conditions of approval for the project, along with CUP, DPR, and EHP entitlements authorizing the expansion of the existing ground floor restaurant bar and dining area and the establishment of a new rooftop restaurant with outdoor dining and bar area (Attachment 5).

Existing Rooftop Dining Regulations. In review of the proposed ZTA that seeks to amend regulations the govern the establishment of restaurants in existing legally nonconforming hotels located within the City’s R-4, Multiple Residential Zones, staff has provided an assessment of the City’s existing rooftop dining regulations. This assessment is provided below:

Rooftop Dining Regulations in the Business Triangle
On October 15, 2021, the City Council adopted an Ordinance 21-O-2843, creating regulations to allow for the establishment of rooftop dining uses and rooftop open air dining as part of a Rooftop Dining Permit within the City’s C-3, Commercial Zone. These regulations are codified in BHMC §10-3-3107.5 and allow for new rooftop dining uses exclusively within the City’s Business Triangle1 area.

These regulations allow for the construction of new restaurant floor area on the rooftop of existing commercial buildings and the establishment of new open air dining associated with the rooftop restaurant use. As these Rooftop Dining Use permit regulations are specific to the City’s business triangle, they are not applicable to properties outside the business triangle, such as the L’Ermitage. Additional discussion existing rooftop dining regulations in the business triangle is provided on Page 13 of the December 14, 2023 Planning Commission staff report for the project (Attachment 3).

Hotel Regulations and Rooftop Dining
The City’s hotel regulations in Title 10, Chapter 3, Article 28.6 allow for hotel restaurant and bar uses, including dining uses on rooftops, as part of a CUP request for hotels located in the City’s commercial zones. Existing hotels that operate restaurant uses in commercial areas outside of the business triangle include the Peninsula hotel and the Sixty Hotel, which also operate restaurant uses with rooftop outdoor dining that is open to hotel guests and the general public that were authorized as part of the CUP for the hotel operation. The Sixty operates a 114 guestroom hotel with a ground floor restaurant and a separate rooftop restaurant exclusively with a rooftop outdoor dining and bar area. Similarly, the Peninsula operates a 195 guestroom hotel that includes a ground floor restaurant and a separate 1 Pursuant to BHMC §10-3-3107.5.A.2., the Business Triangle is defined as the area bounded to the northeast by the alley parallel to and northwest of Crescent Drive, to the southwest by the north side of Wilshire Boulevard and to the northwest by Santa Monica Boulevard north roadway.

Meeting Date: February 6, 2024

rooftop restaurant with rooftop outdoor dining and bar area. These hotels also include other rooftop uses available to hotel guests, including pools, pool cabanas, and restroom facilities.

The L’Ermitage hotel is an existing legally non-conforming hotel located in a residential zone, thus the City’s hotel regulations in BHMC Title 10, Chapter 3, Article 28.6 do not apply to this hotel. As such, the applicant is unable to request authorization for the proposed rooftop dining through a CUP under the City’s general hotel regulations, as the project site is not located in a commercial zone. However, as a legally nonconforming hotel in a residential zone, the L’Ermitage operates similar restaurant and rooftop uses at the project site that are similar to those uses that can be authorized by the Planning Commission for hotels located in commercial zones. The L’Ermitage hotel includes a ground floor restaurant with outdoor dining area abutting Burton Way and rooftop uses for hotel guests consisting of a rooftop pool, pool cabanas, and lounge areas. Additionally, the L’Ermitage hosts rooftop special events on the eastern half of hotel’s rooftop. Food service is currently provided to hotel guests on the rooftop from the ground floor restaurant.

When compared to other hotels located in the R-4 Zone, the L’Ermitage operates more as a full service hotel and provides services that are in line with other full service hotels in the City. When compared to the other three legally nonconforming hotels within the R-4 Zone (the Avalon, Beverly Terrace, and Sirtaj hotels), the L’Ermitage is the only hotel with established rooftop uses that are similar to the City’s other full service hotels. The proposed improvements seek to provide additional amenities that are similar to and in keeping with full service luxury hotel operations. The L’Ermitage already operates commercial uses with special events hosted from the building’s rooftop and provides outdoor dining to hotel guests using the pool and lounge areas. The introduction of a more formal rooftop restaurant with kitchen would allow for direct food service to hotel guests, rather than food being prepared in the ground floor restaurant as is done now. Additionally, the repurposing of the existing outdoor lounge on the southwest portion of the hotel rooftop introduces rooftop outdoor dining and bar area that would be open to the public, in keeping with similar luxury hotel uses within the City. Such is not possible under the existing regulations for existing hotels in R-4 zones.

Rooftop Dining Regulations for Nonconforming Hotels in R-4 Zones.

Current regulations regarding dining in nonconforming hotels (BHMC §10-3-1207) do not allow for the establishment of rooftop dining uses on properties that have and operate a legally nonconforming hotel within the R-4 Zone. The requested ZTA seeks to allow for existing hotels with established rooftop uses to enlarge existing ground floor restaurant area and establish new rooftop restaurant uses with rooftop outdoor dining and bar areas, in keeping with the type of uses currently offered in other luxury hotel operations in the City.

Applicability of Amended Provisions. The proposed ZTA language would apply to legally nonconforming hotels located in the R-4 Zone with existing established rooftop uses. As detailed in Table 1, there are four existing legally nonconforming hotels located in the R-4 Zone.

Of these hotels, only the L’Ermitage Hotel has existing established rooftop uses and, as such, the amended provisions in the proposed ZTA would only apply to the project site.

Meeting Date: February 6, 2024

Table 1. Existing Legally Nonconforming Hotels in the R-4 Zone Hotel Address Zone Rooftop Uses
1 L'Ermitage Hotel 9291 Burton Way R-4 Yes
2 Sirtaj Hotel 120 S. Reeves Drive R-4 No
3 Beverly Terrace Hotel 469 North Doheny Drive R-4 No
4 Avalon Hotel 9400 Olympic Boulevard R-4 No
Established in 1979, the L’Ermitage Hotel is the largest of the existing nonconforming hotels located in an R-4 zone, operating 119 guestrooms, restaurant uses, and special event rooftop uses within an eight story building. For comparison, the Sirtaj hotel operates 32 guestrooms within a three-story building, the Beverly Terrace hotel operates 39 guestrooms within a twostory building, and the Avalon hotel operates 84 guestrooms within a three-story building. Other than the L’Ermitage, none of these existing legally nonconforming R-4 Zone hotels have established rooftop uses. The L’Ermitage hotel is a much larger hotel operation with service levels more similar to existing larger luxury hotels located in the City’s commercial zones (e.g., the Sixty, Maybourne, and Peninsula hotels) than to other legal non-conforming hotels located in the R-4 zone. Over the years, several entitlements have been issued to the hotel to allow for improvements to the project site to encourage additional investment in the existing L’Ermitage hotel property.

PUBLIC OUTREACH AND NOTIFICATION
The Notice of Public Hearing for the appeal hearing was mailed on Friday, January 12, 2024 to all property owners and residential occupants within a 500-foot radius (extended to the block face) from the project site at 9291 Burton Way for the February 6, 2023 City Council meeting (Attachment 8). An on-site notice was posted on the subject property on Friday, January 12, 2024. The project was also noticed in the Friday, January 12, 2024 edition of the Beverly Hills Courier and the Friday, January 25, 2024 edition of the Beverly Hills Weekly. Lastly, courtesy emails were provided to all interested parties advising them of the hearing dates.

Public Comment
The Planning Commission held duly noticed public hearings on October 26, 2023 and December 14, 2023, where members of the public provided oral and written comments on the proposed project and ZTA. All public comment submitted as part of the Commission review of the project, as well as all new correspondence received in advance of the City Council’s meeting for review of the proposed ZTA is included as Attachment 9. As of the writing of this report, no additional correspondence has been received.

ENVIRONMENTAL REVIEW
The draft ordinance has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.), and the environmental regulations of the City. Upon review, the draft ordinance appears to qualify for a Class 5 Categorical Exemption (Minor Alterations in Land Use Limitations) in accordance with the requirements of Section 15305 of the State CEQA Guidelines.

Meeting Date: February 6, 2024

Accordingly, the City Council will consider a recommendation to find the project categorically exempt from further environmental review under CEQA pursuant to Section 15305 of the Guidelines. The Class 5 exemption is applicable to projects consisting of minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density. The draft ordinance would not result in a change to existing land uses, as the ordinance would only apply to sites currently used for hotel and restaurant uses that have established rooftop uses. The ordinance would facilitate expansion of existing restaurant uses without increasing the density of the project site, as the ordinance would facilitate repurposing of existing enclosed rooftop structures for use as restaurant kitchen facilities. Therefore, staff recommends that the City Council find the draft ordinance exempt from further review under CEQA.

FISCAL IMPACT
The adoption of the draft ordinance would allow for the expansion of bar and dining uses within existing legally nonconforming hotels within the City’s R-4 Zone and the establishment of rooftop restaurant uses with outdoor dining for existing hotels with established rooftop uses. The standards seek to encourage continued investment in existing longstanding full-service hotels within the City as part of a CUP and DPR request that would be subject to Planning Commission review and consideration at a noticed public hearing. The introduction of additional dining amenities within an existing hotel could generate additional sales tax revenue from restaurant operations and the potential to generate additional transient occupancy tax revenue, resulting in an overall increase in tax revenue for the City. Costs to the City for project review and preparation of the zone text amendment were offset by the applicant who paid actual costs.

Therefore, the draft ordinance may result in an overall positive fiscal impact to the City.

Michael Forbes, AICP
Director of Community Development
Approved By
ATTACHMENT 1
Draft Ordinance
B0785-0001\2918440v1.doc
ORDINANCE NO. 24-O-________

AN ORDINANCE OF THE CITY OF BEVERLY HILLS
AMENDING TITLE 10, CHAPTER 3, ARTICLE 12 OF

BEVERLY HILLS MUNICIPAL CODE TO ALLOW FOR THE

EXPANSION OF EXISTING RESTAURANT USES AND THE

ESTABLISHMENT OF NEW RESTAURANT USES WITH

ROOFTOP OUTDOOR DINING FOR EXISTING LEGALLY
NONCONFORMING HOTELS LOCATED IN THE R-4

MULTIPLE RESIDENTIAL ZONE

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

Section 1. On October 26, 2023 and December 14, 2023, the Planning Commission held a duly noticed public hearing after which it adopted Resolution No. 2046, recommending that the City Council amend portions of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code to allow for the expansion of bar and dining area within existing hotel restaurants and the establishment of new bar and dining area that is open to the public on the rooftop of an existing legally nonconforming hotels in the R-4, Multiple Residential Zone with established rooftop uses as of December 14, 2023 (collectively, the “Amendments”). On February 6, 2024, the City Council held a duly noticed public hearing, received public testimony, and thereafter introduced this Ordinance.

Section 2. This Ordinance and the Amendments, in conjunction with the proposed renewal and amendments of Conditional Use Permit, Development Plan Review, Extended Hours Permit entitlements to allow for expansion of existing ground floor restaurant uses with outdoor dining and the establishment of new rooftop restaurants uses with rooftop outdoor dining associated with existing hotel operations at 9291 Burton Way (collectively the “Project”), were assessed in accordance with the authority and criteria contained in the California Environmental -2-
B0785-0001\2918440v1.doc
Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City.

The Amendments would allow for the expansion of bar and dining area within existing hotel restaurants and the establishment of new bar and dining area that is open to the public on the rooftop of an existing legally nonconforming hotels in the R-4, Multiple Residential Zone with established rooftop uses as of December 14, 2023, as part of a Conditional Use Permit request.

The City Council hereby finds that the Project is exempt from CEQA pursuant to Sections 15301 (Class 1 – Existing Facilities) and 15305 (Class 5 - Minor Alteration in Land Use Limitations) of Title 14 of the California Code of Regulations. Due to the fact that the Amendment and Project involves minor alterations in land use limitations in areas with an average slope of less than 20% that do not result in any changes in land use or density, minor temporary use of land having negligible or no permanent effects on the environment, and the permitting or minor alterations of existing structures involving negligible or no expansion of use, these exemptions are applicable.

Section 3. The Amendments are consistent with the objectives, principles, and standards of the General Plan. General Plan Policy LU (Land Use) 9.1 – Uses for Diverse Customers, encourages accommodation of hotel and restaurant uses that attract customers from the region and provide a quality experience for national and international uses. Additionally, General Plan Policy LU 15.1 – Economic Vitality and Business Revenue, encourages the City to sustain a vigorous economy by supporting businesses that contribute revenue, quality services and high-paying jobs, while LU 15.2 – Priority Businesses, encourages the retention and improvement of priority businesses, including high-end hotels. The requested Amendments to the create opportunities for additional investment in existing long-standing hotel uses in the City by creating additional indoor and outdoor dining opportunities within existing legally nonconforming hotel for hotel guests and the general public to enjoy.
-3-
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Section 4. The City Council hereby amends Section 10-3-1207 of Article 12, of Chapter 3 of Title 10 of the Beverly Hills Municipal Code to read as follows:
"10-3-1207: DINING IN NONCONFORMING HOTELS:

Subject to the following restrictions, restaurants or dining rooms may be operated within a nonconforming hotel located in an R-4 zone:

A. Private Dining Rooms: A private dining room may be operated within a nonconforming hotel in an R-4 zone provided that the dining room serves only hotel occupants and their guests and has no door or entrance opening through an exterior wall except a service door into a garage or warehouse or an emergency exit door.

B. Restaurants: A restaurant may be operated within a nonconforming hotel pursuant to a conditional use permit if the hotel and restaurant meet the following criteria:

1. The hotel is located on a street identified as an "arterial" street or "collector" street in the city's general plan.

2. The total dining and bar floor area of all restaurants and private dining rooms in the hotel does not exceed the floor area of any dining and bar area that existed on or before November 1, 1995, except as provided for in subsections B.7 and B.8.

3. No patrons of the restaurant are seated after eleven o'clock (11:00) P.M.

4. No live entertainment is performed.

5. No banquets or similar private receptions or parties are held at the restaurant.

6. Parking is provided free of charge to employees to ensure that employees do not park in the public right of way.
-4-
B0785-0001\2918440v1.doc

7. For nonconforming hotels with established rooftop uses that existed on or before December 14, 2023, existing enclosed rooftop structures area may be converted for use as restaurant kitchen facilities and outdoor dining and bar area may be established on the rooftop, subject to the requirements of subsection C of this section.

8. For nonconforming hotels with established rooftop uses that existed on or before December 14, 2023, dining and bar floor area of existing ground floor restaurants may be expanded, subject to the requirements of subsection C of this section.

C. Restaurant Conditional Use Permit: Prior to issuing a conditional use permit to allow for the operation or expansion of restaurant uses, including the establishment of rooftop outdoor dining, to be located in a nonconforming hotel pursuant to subsection B, the commission shall consider, as part of its determination pursuant to article 38 of this chapter, whether the restaurant will have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to:

1. The accumulation of garbage, trash, or other waste;

2. Noise created by the operation of the restaurant or by employees or visitors entering or exiting the restaurant;

3. Light and glare;

4. Odors or noxious fumes;

5. Parking demand created by the restaurant, including parking demand created by employees; or

6. Traffic.
-5-
B0785-0001\2918440v1.doc
D. Prohibition Against Expansion: Nothing in this section shall be construed to permit the expansion or enlargement of a nonconforming hotel use or private dining room or restaurant within a nonconforming hotel except that a private dining room may be converted to a restaurant as allowed by subsections B and C of this section, and restaurants may be expanded as provided for in subsections B.7 and B.8. No hotel may include both a private dining room and a restaurant.

E. Signage: In addition to any other signage permitted for the hotel, a hotel restaurant or private dining room may be identified by a sign at the entrance to the restaurant or private dining room. The size of the sign shall be approved by the planning commission but in no event shall the sign exceed twelve (12) square feet. The sign shall not be illuminated except with back lighting.

F. Outdoor Dining: Outdoor dining may be approved by the planning commission as part of the issuance of a conditional use permit subject to the issuance of a development plan review approval that must be renewed on an annual basis for the first three (3) years and every three (3) years thereafter unless the director of planning and community development determines that more frequent review and renewal is required to ensure that no adverse impacts occur." Section 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this Ordinance shall be and remain in full force and effect.

Section 6. Publication. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen -6-
B0785-0001\2918440v1.doc
(15) days after its passage in accordance with Section 36933 of the Government Code, shall certify to the adoption of this Ordinance, and shall cause this Ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City.

Section 7. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.

Section 8. Certification. The City Clerk shall certify to the adoption of this Ordinance.

Adopted:

Effective:

JULIAN A. GOLD, M.D.

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

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

LAURENCE S. WIENER
City Attorney

NANCY HUNT-COFFEY
City Manager
ATTACHMENT 2
Planning Commission Staff Report
w/o Attachments
(10/26/2023)
City of Beverly Hills
Planning Division
455 N. Rexford Drive Beverly Hills, CA 90210
TEL. (310) 285-1141 FAX. (310) 858-5966
Planning Commission Report
Attachment(s):

A. Required Findings
B. Planning Commission Resolution No. 2015
C. Applicant-Prepared Project Description
D. Applicant-Prepared Restaurant Operations Plan
E. General Plan Polices
F. Public Notices
G. Public Comment
H. Applicant’s Public Outreach Efforts
I. Reported Violations of the Conditions of Approval
J. BHPD Calls for Service Report
K. Applicant-Prepared Parking Demand Study
L. Applicant-Prepared Noise Assessment
M. Peer Review of Applicant-Prepared Noise Assessment
N. Redlined Zone Text Amendment Language
O. Project Plans
Report Author and Contact Information:

Edgar Arroyo, Senior Planner
(310) 285-1138
[email protected]
Meeting Date: October 26, 2023
Subject: 9291 BURTON WAY (L’ERMITAGE HOTEL)
Conditional Use Permit, Development Plan Review, and Extended Hours Permit Renewal and Amendment and Zone Text
Amendment (PL2300008)
Request for renewal of a Conditional Use Permit, Development Plan Review, and Extended Hours Permit to allow for the continued operation of a hotel restaurant with open air dining and hotel rooftop uses with extended hours associated with the operation of the L’Ermitage Hotel at the property located at 9291 Burton Way and amendments to the existing conditions of approval; a Zone Text Amendment to allow for expansion of restaurant bar and dining floor area to facilitate expansion of additional dining area within an existing ground floor restaurant and a new restaurant located on the rooftop of the hotel. Pursuant to the provisions set forth in the California Environmental Quality Act (CEQA), the Planning Commission will also consider finding the project exempt from further review under CEQA.

Project Applicant: LBVH Hotel LLC
Project Representative: Spencer B. Kallick, Allen Matkins Leck Gamble Mallory & Natsis LLP Recommendation: Staff recommends that the Planning Commission conduct a public hearing, receive testimony on the project, and provide direction to staff to prepare a resolution memorializing the Commission’s findings.

REPORT SUMMARY
The proposed project is a request for: 1) renewal of a Conditional Use Permit (CUP), Development Plan Review (DPR), and Extended Hours Permit (EHP) associated with hotel rooftop uses and the operation of an existing restaurant on the ground floor of the L’Ermitage Hotel located at 9291 Burton Way; 2) amendments to the existing conditions of approval regulating indoor and outdoor Planning Commission Report
9291 Burton Way
October 26, 2023

dining operations, amplified sound, parkway cleaning, penalties, deliveries, and parking operations; and 3) a Zone Text Amendment (ZTA) to amend the development standards in Beverly Hills Municipal Code (BHMC) §10-3-1207 regulating the establishment of restaurants in existing legally nonconforming hotels located within the City’s R-4, Multiple Residential Zones.

The proposed amendments would allow for the expansion of bar and dining area within existing hotel restaurants and the establishment of new bar and dining floor area that is open to the public on the rooftop of an existing legally nonconforming hotel with an existing pool as part of a Conditional Use Permit (CUP) request.

This report provides a description of the proposed project and provides analysis of key issues related to the findings for the requested entitlement. Specifically, this report highlights the proposed project, the requested entitlements, and the potential for impacts to the surrounding neighborhoods.

BACKGROUND
File Date 2/7/2023
Application Complete 9/20/2023
Subdivision Deadline N/A
CEQA Recommendation Class 1 Categorical Exemption (Existing Facilities) Class 5 Categorical Exemption (Minor Alteration to Land Use Limitations)
CEQA Deadline 60 days from CEQA Determination
Permit Streamlining 60 days from Determination of CEQA Exemption Applicant(s) LBVH Hotel LLC
Owner(s) LBVH Hotel LLC
Representative(s)1 Spencer B. Kallick, Allen Matkins Leck Gamble Mallory & Natsis LLP
Registered Legislative Advocates Amarveer Brar, Allen Matkins Leck Gamble Mallory & Natsis LLP
Chris Rallo, Crest Real Estate
Gaby Reims Alexander
1 All Project representatives listed have been confirmed as registered legislative advocates in the City’s database.

Planning Commission Report
9291 Burton Way
October 26, 2023

Prior Planning Commission Action Resolution No. 267 (2/25/1980) – Approval of a Variance from parking requirements.

Resolution No. 294 (12/8/1980) – Approval of a Variance from parking requirements.

No Resolution (1/24/1983) – Denial of a Variance to construct an elevator and stairwell in excess of the maximum allowable height and allow for aisle parking spaces. (Appealed to City Council. Approved by City Council Resolution No. 83-R-6759) Resolution No. 493 (11/23/1987) – Approval of a front yard setback variance to allow two sculptures to encroach into front setback.

Resolution No. 890 (4/27/1994) – Approval of setback and rooftop Variances and modification of a previously approved parking Variance.

Resolution No. 1094 (4/28/1999) – Approval of a DPR for Open Air Dining and CUP to allow hotel dining to be open to the public. (Appealed to City Council. Approved by City Council Resolution No. 99-R-10211).

Resolution No. 1138 (8/23/2000) – Renewal of a DPR for
Open Air Dining and CUP for Hotel Dining to continue to be open to the public.

Resolution No. 1191 (8/22/2001) – Renewal of a DPR for
Open Air Dining and CUP for Hotel Dining to continue to be open to the public.

Resolution No. 1772 (5/2/2016) – Approval of a CUP allowing a restaurant in a nonconforming hotel to remain open to the public, a DPR allowing open air dining associated with the hotel, and an Extended Hours Permit allowing for extended hours associated with the restaurant and hotel rooftop uses. (Appealed to City Council. Approved by City Council
Resolution No. 16-R-13080).

Resolution No. 1814 (7/13/2017) – Renewal of a CUP, DPR, and Extended Hours Permit allowing a restaurant in a
nonconforming hotel to remain open to the public, allow open air dining associated with the hotel, and an allow for extended hours associated with the restaurant and hotel rooftop uses.

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Resolution No. 1906 (1/9/2020) – Renewal of a CUP, DPR, and Extended Hours Permit allowing a restaurant in a
nonconforming hotel to remain open to the public, allow open air dining associated with the hotel, and an allow for extended hours associated with the restaurant and hotel rooftop uses, along with amendments to the conditions of approval relating to banquets and private receptions.

Resolution No. 2015 (1/26/2023) – Renewal of a CUP, DPR, and Extended Hours Permit allowing a restaurant in a
nonconforming hotel to remain open to the public, allow open air dining associated with the hotel, and an allow for extended hours associated with the restaurant and hotel rooftop uses.

Prior City Council Action Resolution No. 75-R-5307 (9/2/1975) – Approval of a sundeck to exceed the maximum allowable height by 3’.
(Approved on appeal of City decision)
Resolution No. 83-R-6759 (8/16/1983) – Approval of a
Variance to construct an elevator and stairwell in excess of the maximum allowable height and allow for aisle parking spaces. (Appeal of Planning Commission denial from
1/24/1983)
Resolution No. 99-R-10211 (8/3/1999) – Approval of a DPR for Open Air Dining and CUP to allow hotel dining to be open to the public. (Appeal of Planning Commission Resolution No. 1094)
Resolution No. 16-R-13080 (6/6/2016) – Approval of new
CUP, DPR, and Extended Hours Permit. (Appeal of PC
Resolution No. 1772)

PROPERTY AND NEIGHBORHOOD SETTING
Property Information
Address(es) 9291 Burton Way
Assessor’s ID No. 4342-010-077 and 4342-010-078
Zoning District R-4 – Multiple Family Residential Zone
General Plan High Density – Multi-Family Residential
Existing Land Use(s) Hotel
Lot Dimensions & Area 240’ x 130’ (31,200 SF)
Year Built 1975
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Historic Resource None
Protected Trees/Grove None
Adjacent Zoning and Land Uses
North C-5 – Commercial (Professional Office and
Religious/Institutional Uses)
South R-1.8X – One-Family Residential Zone (Single-Family Residences)
East/West R-4 – Multiple Residential Zone (Apartments and Condominiums)
Circulation and Parking
Adjacent Street(s) Burton Way
Adjacent Alleys 20’-wide, two-way alley to the north (rear) of the subject property, parallel to Burton Way
Parkways & Sidewalks Burton Way Parkway – 12’-6” from face of curb to property line (north and south)
Parking Restrictions Burton Way (North Roadway) – White painted curb for valet, taxi, rideshare, and loading immediately adjacent to the hotel. 2-hour non-metered parking from 8:00AM to
6:00PM on remainder of street, with overnight parking by permit only.

Foothill Road – No parking with red curb on east side of street. 3-hour metered parking from 8:00AM to 6:00PM on west side
Nearest Intersection Burton Way and Foothill Road
Circulation Element Burton Way – Arterial Street and Truck Route Foothill Road – Local Street and Truck Route
Project Site and Neighborhood Character
The project site is an interior lot located along the north side of Burton Way, between Foothill Road and North Maple Drive, and consists of two parcels of land totaling approximately 31,200 square feet in area (Fig. 1). The site is currently developed with the L’Ermitage Hotel, a legally nonconforming eight-story hotel with 119 guestrooms within the City’s R-4, Multiple Family Residential Zone that was established in 1979. Parking for the hotel is provided within a valetoperated subterranean parking garage for 129 vehicles2 .
2 Prior approvals require 132 parking spaces to be provided on site. In recent years, the number of on-site parking spaces was reduced to 129 spaces in order to accommodate code-required ADA parking spaces. Pursuant to BHMC §10-3-203.F., on-site parking may be reduced in order to accommodate the code-required disabled access.

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Fig. 1: Project Site
Source: Google Earth Pro Aerial Imagery
The project site is located a major east-west thoroughfare with primarily one- and two-story residential development along the south side, and higher density multi-family residential development along the north side. The project site is abutted by a three-story multi-family residential building to the west and a recently constructed five-story multi-family building to the east. To the north of the site is a commercial area consisting of former industrial sites that have over time been developed into a cluster of corporate offices for media/entertainment companies, as well as a credit union, and a synagogue for Magen David Congregation. The hotel is separated from this commercial area by a two-way alley that connects Maple Drive and Foothill Road. The alley provides pedestrian and vehicle access to the rear of the buildings along Burton Way Existing Restaurant Operations.

The L’Ermitage Hotel operates an existing restaurant that is open to the public on the ground floor of the property. Based on City records, the restaurant provides approximately 1,986 SF of interior dining area and bar area. When first established in 1976, the hotel was constructed with private dining rooms located above the ground floor level that provided service to hotel occupants and their guests. In 1995, improvements to the hotel resulted in the relocation of the private dining room area to the ground floor, within the rotunda building located to the east of the main hotel building. In 1999, the City Council adopted Resolution No. 99-R-10211, which included approvals of a CUP to allow for the conversion of the private dining room on the ground floor of the rotunda building into a restaurant and a DPR to allow for an outdoor dining area that was open to the public, as well as hotel occupants and their guests. Additional improvements were performed on the hotel in 2015 which included the relocation of the restaurant and outdoor dining area from the Planning Commission Report
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rotunda building to its current location (Fig. 2), within the main hotel building and property. A total of seven tables and 20 chairs are currently provided within the outdoor dining terrace. Parking for the existing hotel and restaurant is currently provided within a valet-operated subterranean garage for 129 vehicles.

Fig. 2: Street View of Outdoor Dining Area
Source: Google Earth
Existing Extended Hours Permit Operations.

The existing hotel restaurant and outdoor dining area located on the ground floor, along with the rooftop of the L’Ermitage Hotel, are authorized to operate with an Extended Hours Permit, most recently renewed by the Planning Commission on January 26, 2023 (Attachment B).

Ground Floor Restaurant. As currently conditioned, the ground floor restaurant operates during the hours of 6:30 A.M. to 11:00 P.M. daily, with the use of the outdoor dining area limited to 8:00 A.M. to 9:00 P.M. daily and all diners required to exit the outdoor dining area by 10:30 P.M. The ground-floor restaurant is permitted to have banquets or similar private receptions up to 20 times per year, with each event limited to a maximum of 100 events and the outdoor dining area prohibited from being used for events.

Rooftop. The hotel rooftop is currently comprised of a pool, pool deck, restrooms, mechanical equipment area, and rooftop areas available to rent for private events. The hotel rooftop is conditioned to allow extended hours for special events that include live entertainment and amplified sound. For events held on Sunday through Thursday, all live entertainment and amplified sound is required to conclude no later than 9:00 P.M., with all rooftop attendees required to vacate the rooftop by 10:00 P.M. Events held on Fridays, Saturdays, and national holidays when City Hall is closed are required to conclude no later than 10:00 P.M., with all rooftop attendees required to vacate the rooftop area by 11:00 P.M. Events are permitted on the rooftop of the hotel up to 52 times a year, with a limit of 250 guests per event. Special events at the ground floor restaurant are not allowed to occur at the same time that an event is occurring on the hotel rooftop to prevent excessive demand on available on-site parking from simultaneous events.

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Condition Nos. 1 through 25 of Resolution No. 2015 (Attachment B), address potential impacts to adjacent residential properties from the use of the ground-floor restaurant and hotel rooftop for events.

PROJECT DESCRIPTION
The proposed project involves the renewal of previously approved CUP, DPR, and EHP entitlements that allow operation of a legally non-conforming hotel located in the R-4, Multiple Family Residential Zone, including a restaurant open to the public and rooftop uses. The proposed project includes the following amendments:

Amendments to existing Conditions of Approval. The Applicant is also seeking amendment to the following existing conditions of approval in Resolution No. 2015, as identified in the submitted application documentation (Attachment C):
• Condition No. 1 – to increase the number of tables and chairs within the outdoor dining area along Burton Way, from 7 tables and 20 chairs to 10 tables and 26 chairs. • Condition No. 3 – to allow for amplified sound to project from the inside of the restaurant to the outdoor air dining area.
• Condition No. 7 – to increase the time that all patrons must exit the restaurant’s outdoor dining area, from 10:30 P.M. to 11:00 P.M.
• Condition No. 17 – to remove the requirement to pick-up trash and debris on the south side of Burton Way, across the street from the hotel.
• Conditions No. 14, 15, and 24 – to amend these conditions to state that they are related to deliveries for “hotel operations” and not applicable to deliveries to individuals or overnight guests of the hotel, such as deliveries from a food delivery service. • Condition No. 27 – to reduce the cash penalties that are currently imposed for violations of the conditions of approval.

Zone Text Amendment (ZTA). A request to amend the standards in BHMC §10-3-1207 to allow for expansion of dining and bar areas in restaurants located within legally nonconforming hotels in the City’s R-4 Zone. Expansion of restaurants in legally nonconforming hotels is currently prohibited. The proposed ZTA would allow for the expansion of dining and bar areas within hotel restaurants and the establishment of dining and bar areas on the rooftop of legally nonconforming hotels in the R-4 Zone that had a rooftop pool in existence as of January 1, 2022. Specifically proposed amended code language would allow the L’Ermitage Hotel to apply for:
• The expansion of dining and bar area in the existing ground floor restaurant through the conversion of existing meeting rooms into new private dining room and back of house kitchen areas (See Fig. 3).
• The establishment of a new restaurant on the L’Ermitage Hotel rooftop. The proposal would include the partial demolition of an existing storage area on the rooftop (Fig. 4) and construction of a cabana with new bar and dining seating and the conversion of the remaining portion of the storage area into a kitchen to serve the planned restaurant use (Fig. 5). The new rooftop restaurant would be open to the public and provide outdoor Planning Commission Report
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dining though the conversion of an existing guest lounge area located on the southwest portion of the rooftop (Fig. 6).

The applicant has provided a dining operations plan for the proposed restaurant operations on the ground floor and on the hotel rooftop which details: the number of tables and chairs in each area; type of services provided, and the proposed hours of operation for each area (Attachment D).

If the Planning Commission provides direction to staff for approval of the ZTA request and additional entitlement requests, staff will prepare draft resolutions recommending approval of the ZTA to the City Council and approving amendments to the CUP, DPR, and EHP associated with the ZTA for consideration by the Commission at a future meeting. The requested amendments to the CUP, DPR, and EHP that are associated with the ZTA would not become effective unless the ZTA is approved by the City Council.

Fig. 3: Proposed Floor Plan – Ground Floor
Source: Architectural Plans, WATG
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Fig. 4: Demolition Plan – Roof Level
Source: Architectural Plans, WATG
Fig. 5: Proposed Floor Plan – Roof Level
Source: Architectural Plans, WATG
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Fig. 6: Rendering – Rooftop Outdoor Dining and Bar Area Source: Architectural Plans, WATG
Associated Physical Modifications: Along with this renewal and amendment request, the applicant is proposing physical improvements to the property that consist of the following:
• Replacement of existing landscape and hardscape areas in the front yard, • Removal and replacement of the existing entry canopy on the ground floor, • Minor facade changes on the second floor of the building to remove five balconies on the second floor of the hotel building,
• New rooftop mechanical screening on the rotunda building, • A new cabana that would serve hotel guests using the rooftop pool.

These general site improvements are included on the set of plans for the project and detailed on Sheets AR1-01, AR1-02, AR2-01, AR3-02, AR3-04, AR3-07, and AR4-02 (Attachment O). All exterior site improvements are subject to Architectural Review approval.

REQUIRED ENTITLEMENTS
As proposed, the project requires the following entitlements and amendments:
• Conditional Use Permit (CUP) Renewal and Amendment to Existing Conditions Renewal of an existing CUP to allow for an existing restaurant located on the ground floor of the L’Ermitage Hotel to remain open to the public and allow for banquets or similar private receptions to occupy the entire restaurant for up to 20 times per year. The applicant requests modification to existing conditions of approval regarding: 1) the number of tables and chairs in the existing outdoor dining area along Burton Way, 2) the maintenance of Planning Commission Report
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parkways along Burton Way, 3) the penalty amounts for violations, and 4) hotel delivery operations.
• Development Plan Review (DPR) Renewal and Amendment to Existing Conditions Renewal of an existing DPR to allow for the existing restaurant to continue to operate open air dining within a landscaped courtyard fronting on Burton Way. The applicant seeks amendments to existing conditions of approval regulating amplified sound and live entertainment in the existing open air dining area along Burton Way. • Extended Hours Permit (EHP) Renewal and Amendment to Existing Conditions Renewal of an existing EHP allowing for the operation of the existing restaurant, open air dining, and rooftop uses during extended hours. The applicant seeks amendments to the existing conditions of approval regulating the hours of operation for the ground floor open air dining area along Burton Way to increase the approved hours from 10:30 P.M. to 11:00 P.M. nightly.
• Zone Text Amendment (ZTA)
A request to amend the development standards regulating the establishment of restaurants in existing legally nonconforming hotels located within the City’s R-4, Multiple Residential Zones (Beverly Hills Municipal Code Section 10-3-1207). This amendment would allow for the expansion of bar and dining area within existing hotel restaurants and the establishment of new bar and dining floor area that is open to the public on the rooftop of an existing legally nonconforming hotel with an existing pool as part of a Conditional Use Permit (CUP) request. In addition, the project includes the following entitlement requests associated with the ZTA request:
o Amend the CUP to allow for increases in the dining and bar area of the existing ground floor restaurant and a dining and bar area associated with a proposed new restaurant on the existing rooftop of the hotel that would be open to the public. o Amend the DPR to establish new open air bar and dining areas on the rooftop of the hotel that would be associated with a new restaurant that is open to the public and also to include a determination that the parking required for this new restaurant use would be met with the existing parking supply.
o Amend the EHP to allow for extended hours for the proposed rooftop restaurant and rooftop open air dining area, with proposed hours of operation from 8:00 A.M. to 11:00 PM daily and with the ability to allow for dining operations at begin at 6:00 A.M. at a later date, if needed.

If the above listed entitlement actions associated with the ZTA were approved by the Commission, they would not become effective unless the ZTA is approved by the City Council.

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GENERAL PLAN POLICIES3
The General Plan includes numerous goals and policies intended to help guide development in the City. Some of the policies relevant to the Planning Commission’s review of the project included as Attachment E.

ENVIRONMENTAL ASSESSMENT
The project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.), the State CEQA Guidelines4(California Code of Regulations, Title 14, Section 15000 et seq.), and the environmental regulations of the City. Upon review, the project appears to qualify for a Class 1 Categorical Exemption (Existing Facilities) and Class 5 (Minor Alterations in Land Use Limitations) in accordance with the requirements of Sections 15301 and 15305 of the state CEQA Guidelines. These exemptions are applicable to permitting or minor alterations of existing structures involving negligible or no expansion of use and to minor alterations in land use limitations in areas with an average slope of less than 20% that do not result in any changes in land use or density. If the Planning Commission is able to make findings in support of approval of the project, staff recommends that the Commission find the project exempt from further review under the provisions of CEQA.

PUBLIC OUTREACH AND NOTIFICATION
Table 1. Required/Actual Public Noticing
Type of Notice Required
Period
Actual
Period
Required
Date
Actual
Date
Notice of Pending Application
(Owners & Occupants – 500' Radius +
block-face)
45 Days 45 Days 3/24/2023 3/24/2023
Adjacent Neighbors Notice
(Owners & Occupants – 100’ Radius) N/A N/A N/A N/A
Notice of Public Hearing
(Owners & Occupants – 500' Radius +
block-face)
20 Days 20 Days 10/6/2023 10/6/2023
Newspaper Notice1 20 Days 20 Days 10/6/2023 10/6/2023
Property Posting 20 Days 20 Days 10/6/2023 10/6/2023
Agenda Posting 72 Hours 7 Days 10/23/2023 10/19/2023
Website (Agenda) 72 Hours 7 Days 10/23/2023 10/19/2023
1 The project was noticed in the October 6, 2023 edition of the Beverly Hills Courier and the October 12, 2023 edition of the Beverly Hills Weekly.
3 Document available online at http://www.beverlyhills.org/business/constructionlanduse/generalplan/generalplandocument/ 4 The CEQA Guidelines and Statute are available online at https://opr.ca.gov/ceqa/guidelines/ Planning Commission Report
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In addition to the required noticing detailed in Table 1, staff also emailed copies of these notices to all persons on the project’s interested parties list. Copies of all mailed public notices are provided as Attachment F.

Public Comment
Comments provided regarding the project are provided as Attachment G. Comments from neighboring residents and interested parties were received expressing support and concerns for the requested amendments.

Applicant Outreach
Prior to this meeting, the applicant conducted public outreach to neighboring property owners and occupants about the planned improvements and approval sought by the hotel. The applicant has advised the city that several community meetings were hosted at the L’Ermitage Hotel.

Additionally, the applicant noted that invitations to the community meeting and informational materials regarding the project were mailed out to all property owners and residential occupants within the same city-required noticing radius for the project. Lastly, the applicant team and hotel manager went door to door on neighboring residential streets including Foothill Road, Elm Drive, and Maple Drive to introduce the project and answer questions. A copy of the applicant’s public outreach materials is provided as Attachment H.

DISCUSSION AND ANALYSIS5
Project approval, conditional approval, or denial is based upon specific findings for the discretionary action requested by the applicant. This section is intended to provide a detailed analysis of the project to assist the Planning Commission in assessing whether a project is able to meet the required findings for approval of the requested entitlements. The specific findings that must be made in order to approve the project are provided as Attachment A to this report.

Reported Violations of Conditions of Approval. The Community Development Department received and reviewed five complaints regarding potential violations of the hotel’s conditions of approval during the period of January 2023 to October 2023 (see Table 2). The City determination letters regarding these complaints are attached (Attachment I). The City determined that one of the incidents was a violation of Condition No. 15 of Resolution No. 2015, which provides for operational requirements for hotel deliveries. Specifically, the violation occurred when a delivery truck associated with the hotel parked in the alley adjacent to the neighboring residential property located at 9297 Burton Way instead of using the hotel’s loading area. This incident was the first violation of the conditions of approval in 2023 and a $1,000 penalty was assessed against the hotel’s $20,000 deposit with the City on October 17, 2023. After investigation, the City determined the four other complaints were not violations of the conditions of approval. These complaints were a result of a delivery truck conducting a hotel delivery in the alley across the street from the project site along Foothill Road and various food deliveries to hotel employees and hotel guests from third party food delivery services. Accordingly, no penalties were assessed against the hotel. 5 The analysis provided in this section is based on draft findings prepared by the report author prior to the public hearing. The Planning Commission in its review of the administrative record and based on public testimony may reach a different conclusion from that presented in this report and may choose to modify the findings. A change to the findings may result in a final action that is different from the staff recommended action in this report.

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Table 2. Violation Complaints
# Day Date Time Complaint Assessment
1 Friday 4/7/2023 --- Hotel Delivery in Alley
Across the Street (Foothill)
No Violation
2 Friday 4/14/2023 6:37 P.M. Food Delivery No Violation 3 Saturday 4/15/2023 11:29 A.M. Food Delivery No Violation 4 Thursday 5/18/2023 8:00 A.M. Food Delivery No Violation 5 Wednesday 9/20/2023 4:04 P.M. Hotel Delivery in Alley Behind 9297 Burton Way
Yes - $1,000
Police Calls for Service. Staff has reviewed calls for service and incident reports from the Beverly Hills Police Department (BHPD) at the subject property (Attachment J) from the period of January 1, 2023 through September 18, 2023 to determine whether the hotel restaurant, outdoor dining area, and rooftop uses have resulted in adverse impacts to surrounding properties and to determine if any violations of the conditions of approval have occurred. In review of the incident reports for the property, there were a total of 23 calls for service during this review period. Of those 23 calls, seven calls were related to disturbances of peace; eight calls were related to parking, and eight calls were related to other miscellaneous categories.

There were no calls for service related to Municipal Code violations. These disturbance and parking calls are outlined in Table 3.

Of the seven peace related calls received by BHPD, three calls occurring in June 2023 were related to events at the L’Ermitage, with two calls directed related from rooftop activities occurring on June 8, 2023. The calls did result in action from BHPD where the hotel was advised of loud yelling from guests of a rooftop event. In the initial call, no loud yelling was observed. However, in the second call, BHPD did observe loud activity, which was addressed without further incident. These calls did not occur during extended hours. Of the eight parking calls received by BHPD, four resulted in action from the police department. One call from August 15, 2023 resulted in a citation being issued for a vehicle left parked in a loading zone.

The remaining two calls were from a vehicle parked on the street beyond the posted hours and for a taxi parked in a loading zone. These calls were resolved without incident.

Table 3. Calls for Service
Day Date Time Reason BHPD Action
1 Friday 1/6/2023 11:01 A.M. Keep the Peace* Yes – Assisted 2 Friday 1/6/2023 11:35 A.M. 415 PC: Disturbance* Yes – Assisted 3 Saturday 1/7/2023 11:37 A.M. Keep the Peace Yes – Advised 4 Wednesday 2/22/2023 10:06 P.M. Parking Call* No – No Violation 5 Saturday 3/4/2023 6:04 P.M. 72 Mark – Parking Yes – Completed 6 Tuesday 3/7/2023 9:12 A.M. Traffic Incident Yes - Completed Planning Commission Report
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Renewal and Amendments to Existing Entitlements
Amendments to Existing Conditions of Approval. The applicant is requesting amendments to several existing conditions of approval that regulate the operation of the existing restaurant and hotel rooftop uses (Attachment C). These conditions were previously adopted as part of the Planning Commission’s approval of a renewal of the existing CUP, DPR, and EHP entitlements on January 26, 2023, and are provided in Section 15 of Resolution No. 2015 (Attachment B). This section lists each proposed amendment and a staff analysis for each request for the Planning Commission’s consideration. The Commission may choose to amend the conditions as requested by the applicant, make modifications to the requested amendments, or make no changes to the existing conditions. Changes to each existing condition are noted in red.

Condition No. 1 – Outdoor Dining Limit on Tables and Chairs (Proposed) The open air dining area shall be limited to a maximum of ten (10) seven (7) tables and twenty-six (26) twenty (20) chairs.

The requested amendment is a 30% increase in the seating capacity of small outdoor dining area located at the ground level on the Burton Way frontage of the hotel. The 7 Tuesday 3/7/2023 7:09 P.M. Impound No – No Violation
8 Tuesday 4/4/2023 3:29 P.M. Bomb Threat No – Report Taken 9 Thursday 4/13/2023 10:50 P.M. 484V PC: Vehicle Theft --- 10 Friday 4/14/2023 2:47 A.M. Parking Call* No - No Vehicle 11 Tuesday 4/18/2023 12:51 P.M. Parking Call* No
12 Wednesday 5/10/2023 7:19 P.M. Suspicious Circumstances No – No Violation 13 Thursday 6/8/2023 7:30 P.M. Disturbing the Peace* No – No Violation 14 Thursday 6/8/2023 8:43 P.M. Disturbing the Peace* Yes – Advised 15 Thursday 6/15/2023 4:39 P.M. 484 PC – Petty Theft* No – No Violation 16 Thursday 6/15/2023 9:48 P.M. Disturbing the Peace* No – No Violation 17 Saturday 7/1/2023 3:18 A.M. Suspicious Person* No – No Violation 18 Tuesday 7/4/2023 5:33 A.M. 415 PC: Disturbance* Yes – Completed 19 Thursday 7/27/2023 10:02 A.M. Parking Call* Yes – Advised 20 Friday 8/4/2023 11:56 A.M. Parking Call* No - No Vehicle 21 Saturday 8/5/2023 12:47 A.M. Alarm* Yes – Assisted
22 Tuesday 8/15/2023 12:29 P.M. Parking Call* Yes – Citation 23 Monday 9/4/2023 12:50 A.M. Transient Compliant* Yes – Advised * Calls for service related to activity at the hotel.

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request would be a 137 SF increase in ground-floor open air dining area, expanding this area from 722 SF to 859 SF.

Condition No. 3 – Amplified Sound in Outdoor Dining Area (Proposed) No live entertainment or amplified sound shall be allowed in the outdoor dining area at any time. Amplified sound shall be allowed to play from speakers located within restaurant’s interior dining area to be heard in the outdoor dining area.

The requested amendment would allow the existing patio doors of the ground floor restaurant to remain open during restaurant hours so that amplified sound playing in the interior of the restaurant can be audible in the outdoor dining area. Currently, the existing outdoor dining area is surrounded with a tall hedge of approximately 6’ in height that screens the area from public view along Burton Way. The existing restaurant is currently allowed to operate indoor service from 6:30 A.M. to 11:00 P.M. daily, with the outdoor dining area allowed to operate from 8:00 A.M. to 9:00 P.M. daily, with all diners required to exit the outdoor dining area no later than 10:30 P.M. (Condition No. 7 of Resolution No. 2015). The applicant also seeks to increase the time that all diners are required to exit the outdoor dining area from 10:30 P.M. to 11:00 P.M., to match the hours of operation for the interior portion of the restaurant.

The applicant submitted a noise study that assesses noise level along Burton Way while the outdoor dining area was in operation (Attachment L). The study found as part of noise measurements taken in the outdoor dining area that traffic noise generally ranged from 65 to 70 decibels (dBA), while continuous background noise ranged from 47 to 57 dBA. The applicant’s submitted study determines that if background music was played at low levels, this music would not create an increase in noise levels. This finding was based on limiting the maximum background music noise level to 60dBA, which is low enough to allow natural speech level conversation throughout the outdoor dining area without the need for increasing one’s voice to be heard.

While keeping the volume of the music low would help with potential noise impacts, it is possible that the introduction of amplified sound as background music that would be audible in the outdoor dining area could also potentially be audible to the public traveling on the sidewalk along Burton Way. Additionally, the project site is located within a residential zone and in close proximity to existing multi-family residential uses along east and west. Specifically, the outdoor dining area appears to be approximately 60’ away from an existing six-unit apartment building to the east at 9297 Burton Way and a recently completed condominium building at 9269 Burton Way to the west. Pursuant to the City’s current regulations on sound amplifying equipment in BHMC §5-1-201, it is unlawful for any person within any residential zone to use or operate any sound amplifying equipment between the hours of 10:00 P.M. and 8:00 A.M. of the following day in such a manner as to be distinctly audible at or beyond the property line of the property on which the equipment is located. This requirement was adopted in 2011 as part of larger amendments to the City’s noise regulations. In observance of this requirement, staff notes that the playing of amplified sound into the outdoor dining area would be prohibited any time before 8:00 A.M. and after 10:00 P.M. Should the Commission consider amending this condition, staff recommends the following changes to this condition of approval:

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• Condition No. 3 (staff recommended modifications)
No live entertainment or amplified sound shall be allowed in the outdoor dining area at any time. Amplified sound shall be allowed to play from speakers located within restaurant’s interior dining area to be heard in the outdoor dining area, in compliance with BHMC §5-1-201. At no time may amplified sound be played from the inside of the restaurant to be heard in the outdoor dining area before 8:00 A.M. and after 10:00 P.M. daily.

Condition No. 7 – Outdoor Dining Hours (Proposed)
The restaurant shall not seat any patron indoors before 6:30 A.M. or after 11:00 P.M. daily.

Additionally, the open air dining patio operations of the restaurant, including any movement of tables and chairs or the setting of dishes and silverware, shall commence no earlier than 8:00 A.M. and the restaurant shall not seat patrons in the open air dining area before 8:00 A.M. or after 9:00 P.M. daily. All diners shall have exited the outdoor dining area no later than 11:00 10:30 P.M.

As previously noted, the restaurant’s outdoor dining area on the project site is located in close proximity to neighboring residential uses to the east and west. Allowing increases in the hours that guests may occupy the outdoor area would have the potential for increased noise during extended hours. Noise measurements taken as part of the applicant-supplied noise study note that the ambient noise level from 10:00 P.M. to 11:00 P.M. was 47 dBA.

As noted in the study, natural speech level conversation generally produces sound levels of about 60 dBA, which would rate as higher than the current ambient sound level measured from 10:00 P.M. to 11:00 P.M.

Condition No. 14 – Hotel Deliveries (Proposed)
The hotel shall not accept any deliveries associated with hotel operations except during the hours of 9:00 A.M. through 6:00 P.M., Monday through Friday, 10:00 A.M. through 5:00 P.M. on Saturday, and 10:00 A.M. through 3:00 P.M. on Sunday. Hotel operations shall include deliveries associated with the operation of the hotel, restaurants, and rooftop areas, including deliveries for rooftop special events, but shall include deliveries made by third party delivery services (e.g., UberEats, Grubhub, or similar) to individuals or hotel guests.

Condition No. 15 – Hotel Deliveries (Proposed)
The loading zone on hotel property adjacent to the alley behind the hotel shall at all times remain free of structures or other obstructions. Delivery trucks associated with hotel operations shall, whenever possible, avoid reversing and/or backing up in the alley in order to minimize noise associated with backup alarms. Delivery trucks associated with hotel operations shall be prohibited from blocking the alley, from stopping or parking in areas of the alley that provide access to neighboring properties’ parking garages or where neighboring properties’ garbage bins are located, and from stopping or parking anywhere on Foothill Road or Maple Drive. To ensure compliance with this condition, the applicant shall pay all costs associated with the installation of a sufficient number of closed circuit television (“CCTV”) cameras, on the applicant’s property to monitor all loading activities occurring in the alley 24 hours per day, 7 days per week. The applicant acknowledges and agrees that photographs or videos taken by such cameras showing violations of this Planning Commission Report
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condition shall constitute evidence of such violations for the purposes of Condition Nos. 25 and 26 below. Video footage from the cameras shall be retained for a minimum period of thirty (30) days, and shall be made available to City staff upon request. The Director of Community Development may impose additional conditions on loading operations and/or the location of loading to achieve the greatest level of neighborhood compatibility, but in no event shall permit hours of loading to be extended beyond those set forth in Condition No. 14 above.

Condition No. 24 – Hotel Deliveries (Proposed)
Deliveries, setup, and/or event breakdown for any rooftop functions shall not occur except during the hours of 9:00 A.M. through 6:00 P.M., Monday through Friday, 10:00 a.m. through 5:00 p.m. on Saturday, and 10:00 A.M. through 3:00 P.M. on Sunday. This condition shall not apply to third party deliveries that are outside of the hotel’s control to individuals or hotel guests.

At the time when conditions pertaining to hotel operations were adopted, the primary focus was to regulate deliveries related to hotel operations and rooftop special events to reduce impacts to neighboring residential uses. Food deliveries made by third party services or restaurant delivery drivers was not the type of delivery intended to be regulated by these conditions. Deliveries associated with hotel operations can be directly managed by the hotel and should be expected to be in compliance with these delivery conditions. However, it is not feasible to apply these conditions to individual food deliveries ordered by hotel guests.

Condition No. 17 (Proposed)
Hotel staff shall walk the north and south sides of Burton Way between Foothill Road and Maple Drive once each day and collect and dispose of any trash or debris that may be present on the sidewalk or parkway that was generated by hotel operations.

In review of this amendment, staff has received correspondence regarding trash and debris being found on the south side of Foothill Road (Attachment G). The correspondence alleges that the limousines park on the south side of Foothill Road, with operators cleaning out their vehicles causing trash and debris to be left on the adjacent the parkway and sidewalk. The correspondence requests that this condition requiring trash and debris pick-up on the north and south side of Foothill Road be preserved to limit the amount of waste left by limousine operators.

Condition No. 27 – Penalties for Violations
The applicant seeks to amend Condition No. 27 which sets the penalty amounts for violation of the conditions of approval, with escalating penalties for repeated violations. As required by Condition No. 26, the applicant is required to post a $20,000 deposit that the City will draw from when penalties for violations are assessed. Penalties for the first violation begin at $1,000 and increase up to $10,000 on the fourth violation. At the fifth violation, a $10,000 penalty is assessed and the entitlements are subject to return to the Planning Commission for review and possible revocation.

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The applicant seeks to lower the penalty amount that is assessed by the City for each violation of the conditions of approval. While the applicant has not provided specifics as to what they propose the penalty amounts should be reduced to, the applicant seeks to review the matter with the Planning Commission to discuss potential changes. Text of the existing condition is provided for reference below:

Condition No. 27 (Existing)
Upon verification of evidence that a violation of any condition of approval contained herein has occurred, financial penalties shall be withdrawn from the cash deposit in the following amounts for each violation within a single calendar year:
1 st
Violation
2 nd
Violation
3 rd
Violation
4 th
Violation 5
th Violation
$1,000 $2,500 $5,000 $10,000
$10,000 and automatically return to
Planning Commission for review
and possible revocation. All
application fees would be required
in addition to the assessed penalty.

The applicant shall be provided a written notice of decision to withdraw the penalty charge, and shall be provided with the evidence demonstrating the occurrence of the violation, and shall have the right to appeal the decision to withdraw the penalty charge from the cash deposit to the Director of Community Development within 14 days of the issuance of the City’s notice of the determination. A written notice of the Director’s decision shall be provided to the applicant, who shall have the right to appeal the decision to the Planning Commission within 14 days of the issuance of the notice of the Director’s decision. The decision of the Planning Commission shall be final, and the applicant shall have no further right to appeal. Upon verification of evidence that five (5) or more violations of any conditions of approval contained herein have occurred within a single calendar year, in addition to the financial penalties, the entitlements shall be referred to the Planning Commission for further review, and possible revocation. All costs associated with such hearing shall be fully borne by the Applicant.

Zone Text Amendment Request. The project includes a request for a ZTA to amend the development standards in BHMC §10-3-1207 regulating the establishment of restaurants in existing legally nonconforming hotels located within the City’s R-4, Multiple Residential Zones.

The proposed amendments (Attachment N) would allow for private dining rooms in hotels to be open to the public, along amendments to allow the expansion of existing bar and dining area within existing hotel restaurants, and the establishment of new bar and dining floor area that is open to the public on the rooftop of an existing legally nonconforming hotel as part of a Conditional Use Permit (CUP) request.

This section provides an analysis of the ZTA request, and the amendments that would be required to the hotel’s CUP, DPR, and EHP entitlements to facilitate the project changes associated with the ZTA. The ZTA requires approval by the City Council.

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Private Dining Rooms and Restaurants. Pursuant to BHMC §10-3-1207.A., hotels are permitted to operate private dining rooms within a nonconforming hotel in an R-4 Zone provided that the dining room only serves hotel occupants and their guests. As part of the planned improvements to the ground floor restaurant, the applicant is proposing to convert existing meeting room area located in the rotunda building into a new private dining room approximately 660 SF in size. The ground floor restaurant improvements would also include conversion of meeting rooms on the first and second floor into kitchen and back-of-house preparation and storage areas. The applicant is proposing to amend BHMC §10-3-1207.A. to remove the requirement that private dining rooms can only serve hotel occupants and their guests, as the applicant is proposing the that new private dining room would be open to the public:

Proposed Amendments
10-3-1207: DINING IN NONCONFORMING HOTELS:

Subject to the following restrictions, restaurants or dining rooms may be operated within a nonconforming hotel located in an R-4 zone:

A. Private Dining Rooms: A private dining room may be operated within a nonconforming hotel in an R-4 zone provided that the dining room serves only hotel occupants and their guests and has no door or entrance opening through an exterior wall except a service door into a garage or warehouse or an emergency exit door.

The applicant-prepared operations plan describes the private dining room as a dinner only, fine dining restaurant with seven tables and 27 seats. This portion of the restaurant would be open to hotel guests and the general public, with planned hours of operation from 5:00 P.M. to 10:00 P.M., Tuesday through Saturday. Parking for this expansion would be provided in the hotel’s existing subterranean parking area. Parking would be valet operated and complimentary to restaurant guests (Attachment D).

Expansion of Dining and Bar Floor Area. The applicant is proposing amendments to BHMC §10-3-1207.B., which provides criteria to establish a restaurant that is open to the public within a legally nonconforming hotel in the R-4 Zone. Currently, BHMC §10-3-1207.B.2 allows for the establishment of restaurants provided that the total dining and bar floor area of all restaurants and private dining rooms in the hotel does not exceed the floor area of any dining and bar area that existing on or prior to November 1, 1995. This amendment would add two subsections (B.7 and B.8) to allowable for the expansion of bar and dining area within a legally nonconforming hotel, as redlined below:

Proposed Amendments
10-3-1207: DINING IN NONCONFORMING HOTELS:

Subject to the following restrictions, restaurants or dining rooms may be operated within a nonconforming hotel located in an R-4 zone:

B. Restaurants: A restaurant may be operated within a nonconforming hotel pursuant to a conditional use permit if the hotel and restaurant meet the following criteria:

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1. The hotel is located on a street identified as an "arterial" street or "collector" street in the city's general plan.

2. The total dining and bar floor area of all restaurants and private dining rooms in the hotel does not exceed the floor area of any dining and bar area that existed on or before November 1, 1995, except as provided for in subsection B.7 and B.8.

3. No patrons of the restaurant are seated after eleven o'clock (11:00) P.M. 4. No live entertainment is performed.

5. No banquets or similar private receptions or parties are held at the restaurant.

6. Parking is provided free of charge to employees to ensure that employees do not park in the public right of way.

7. For nonconforming hotels, with rooftop pools in existence as of January 1, 2022, rooftop restaurant, kitchen, and bar floor area may be established and operated, on the hotel’s rooftop, subject to the criteria of this subsection B, and requirements of subsection C of this section.

8. For nonconforming hotels, with rooftop pools and ground-floor dining and bar area, in existence as of January 1, 2022, dining and bar floor area of existing ground-floor restaurant and private dining rooms may be established or expanded, subject to the criteria of this subsection B and requirements of subsection C of this section.

If this code modification was approved, an applicant would be required to request the establishment of a new restaurant or a restaurant expansion as part of a CUP, which requires Planning Commission review and consideration. Additionally, these provisions would only allow the establishment or expansion of new restaurants in existing legally nonconforming hotels in the R-4 Zone that have a rooftop pool in existence as of January 1, 2022. Additional amendments are proposed to the Restaurant CUP provisions in BHMC §10-3-1207.C to reflect that the additions of subsections B.7 and B.8 are eligible to be requested as part of a CUP and that the prohibition in BHMC §10-3-1207.D are not applicable to requests under B.7 and B.8, as detailed below:

Proposed Amendments
10-3-1207: DINING IN NONCONFORMING HOTELS:

C. Restaurant Conditional Use Permit: Prior to issuing a conditional use permit to allow a restaurant to be located in a nonconforming hotel, to allow a restaurant, kitchen, or bar to be located on a nonconforming hotel’s roof pursuant to subsection B.7 above, or to allow establishment or expansion of dining and bar floor area of ground-floor and private dining rooms pursuant to subsection B.8 above, the commission shall consider, as part of its determination pursuant to article 38 of this chapter, whether the restaurant, kitchen, or bar will have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to:

1. The accumulation of garbage, trash, or other waste;

2. Noise created by the operation of the restaurant or by employees or visitors entering or exiting the restaurant;

3. Light and glare;
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4. Odors or noxious fumes;

5. Parking demand created by the restaurant, including parking demand created by employees; or

6. Traffic.

D. Prohibition Against Expansion: Nothing in this section shall be construed to permit the expansion or enlargement of a nonconforming hotel use or private dining room or restaurant within a nonconforming hotel except that a private dining room may be converted to a restaurant as allowed by subsections B and C of this section, and as provided for in subsections B.7 and B.8. No hotel may include both a private dining room and a restaurant except as permitted pursuant to subsection B.8.

Applicability of Amended Provisions. As proposed by the applicant, the ZTA would be applicable to legally nonconforming hotels located in the City’s R-4 Zone that have an existing rooftop pool in existence as of January 1, 2022. In review of the existing hotels in the city, a total of four hotels are located in the R-4 Zone, as detailed in Table 4. Of these four hotels, only the L’Ermitage Hotel has an existing rooftop pool. Therefore, the amended provisions in the proposed ZTA would only apply to the project site.

Table 4. Existing Legally Nonconforming Hotels in the R-4 Zone Hotel Address Zone Existing Pool
1 L'Ermitage Hotel 9291 Burton Way R-4 Yes
2 Sirtaj Hotel 120 S. Reeves Drive R-4 No
3 Beverly Terrace Hotel 469 North Doheny Drive R-4 No
4 Avalon Hotel 9400 Olympic Boulevard R-4 No
Parking. Parking for the existing hotel, restaurant, and rooftop uses is provided for on-site within a valet-operated subterranean garage containing 129 parking spaces. The requested modifications to the hotel would increase the total amount of dining and bar area on the property by approximately 2,757 SF, through a combination of interior and exterior (including rooftop) areas. The expansions include the conversion of the 660 SF Rotunda meeting room into additional indoor dining, a 137 SF increase in the area of the existing ground-floor outdoor dining area, and 1,960 SF of new outdoor bar and dining area for a proposed new rooftop restaurant.

The conversion of ground floor meeting and public assembly area into restaurant dining area and kitchen area would replace an existing use in the rotunda area with a use that the BHMC has a lower parking requirement. Typically, public assembly area without fixed seats is subject to a parking ratio of one space for every 28 SF of floor area. The total area of the rotunda assembly and meeting rooms is approximately 1,135 SF and would have generally required about 41 parking spaces (1,135 / 28 = 40.53 → 41). At a ratio of one space for every 350 SF of restaurant floor area, the conversion of the rotunda assembly and meeting rooms into new dining and kitchen areas would be subject to a lower parking requirement of four spaces (1,135 / 350 = 3.24 → 4). Since the new use that will occupy the public assembly areas Planning Commission Report
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requires less parking that the use that currently existing, no additional parking would be required for this ground floor conversion. On the ground floor and rooftop outdoor dining areas, the proposed outdoor dining areas on private property require parking at a ratio of one parking space for every 350 SF of open air dining floor area, pursuant to BHMC §10-3-2730.B.8., similar to the ratio of parking that would otherwise be required for indoor dining areas.

However, the BHMC allows the Planning Commission to implement different parking requirements for the open air dining area, provided the Commission finds that the open air dining area will generate a need for parking different than the amount of parking required by this section; or determines that parking demand will be met by means other than those means specified in this section. The increase in the outdoor dining area on the ground floor by 137 SF would require one additional parking space (137 / 350 = 0.39 → 1). The proposed 1,960 SF rooftop outdoor dining and bar area would require six parking spaces (1,960 / 350 = 5.6 → 6). In total, the project would require an additional seven parking spaces to be provided onsite as a result of the additional outdoor dining area proposed on private property.

The applicant provided a Parking Demand Study prepared by Fehr and Peers assessing the anticipated parking demand for the proposed new and expanded dining uses on the ground floor and the rooftop area (Attachment K). The study assessed existing and proposed conditions during peak parking demand periods against the available parking supply. The finding of the study notes that during current peak conditions, the estimated peak parking demand is 81 parking spaces. This occurs particularly during the months July and August, when summer travel is common. With the proposed ground floor and rooftop dining uses, the study finds that the peak parking demand will be 88 parking spaces, which can be fully accommodated by the 129 parking spaces available on-site. The consultant assumed full hotel occupancy to determine the estimated peak demand and factored in shared uses, as hotel guest are likely to also frequent the on-site restaurant, thereby reducing overall parking demand.

The Parking Demand Study report was commissioned by the applicant for the Planning Commission’s consideration of finding that the proposed outdoor dining areas on the ground floor and the rooftop would be served by existing parking supply and valet operations, as requested by the applicant as part of the DPR request. Staff would recommend that the Parking Demand study be amended to include rooftop events as part of the parking demand analysis to determine if there would be sufficient parking available during those events.

Noise Assessment. A noise assessment was submitted by the applicant to study whether the proposed ground-floor restaurant and rooftop restaurant project would have negative impacts to neighboring residential properties with respect to noise (Attachment L). The Noise Assessment prepared by Eremos studied three specific area on the property for a 24-hour period to determine ambient noise levels in the ground-floor outdoor dining area adjacent to Burton Way, the courtyard area of the Rotunda Building abutting the multi-family residential property to the west at 9297 Burton Way, and the existing rooftop guest lounge area where the new outdoor restaurant dining area is proposed (Fig. 7).

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Fig. 7: Microphone Locations for 24-Hour Measurements
Source: Noise Assessment, Eremos
On the rooftop, average ambient noise levels ranged from 60 dBA to 66 dBA from 8:00 A.M. to 11:00 P.M. Measurements from the existing ground floor outdoor dining area yielded measurements that ranged from 60dBA to 68dBA during the same period, while measurements of 60dBA to 64dBA were observed at the courtyard adjacent to the Rotunda building. Noise level were higher on the ground floor during afternoon and early evening operating hours due to traffic noise from vehicles traveling on Burton Way, which was observed to generate between 65 dBA and 70 dBA. The noise assessment concluded that the proposed ground floor restaurant expansion and new rooftop restaurant uses would not have noise impacts to neighboring properties. On the rooftop, noise levels generated of 80dBA or less were not projected to exceed the ambient sound levels adjacent to neighboring residential properties. Additionally, on the ground-floor outdoor dining area, the additional seating capacity is not projected to increase by more than 3 dBA about the ambient, which Eremos notes as an increase in noise that is generally not detected as a change in noise level by most individuals.

To verify the information provided in the applicant-supplied noise assessment, the city commissioned Rincon Consultants to perform a peer review of the documents and its findings (Attachment M). Rincon’s peer review recommends revisions to the noise assessment to incorporate additional project details and exhibits into the study, clarify details as to the specific conditions when the noise tests were conducted (e.g., sound level of speakers and people occupying the test areas), and to include testing methodology used to project noise levels at nearby sensitive receptors and conclude the no impact findings. Based on Rincon’s peer review, staff recommends that Eremos’ noise assessment be updated in response to Rincon’s comments for future consideration of the project by the Planning Commission.

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NEXT STEPS
It is recommended that the Planning Commission conduct the public hearing, take testimony, consider the proposed project and Zone Text Amendment, and direct staff to prepare draft a resolution conditionally approving or denying the project for consideration by the Planning Commission at a future meeting, continuing the item to a date certain.

Report Reviewed By:

Masa Alkire, AICP
City Planner
ATTACHMENT 3
Planning Commission Staff Report
w/o Attachments
(12/4/2023)
City of Beverly Hills
Planning Division
455 N. Rexford Drive Beverly Hills, CA 90210
TEL. (310) 285-1141 FAX. (310) 858-5966
Planning Commission Report
Attachment(s):

A. Required Findings
B. Draft CUP, DPR, EHP Resolution
C. Draft ZTA Resolution
D. October 26, 2023 PC Staff Report w/o attachments
E. Planning Commission Resolution No. 2015
F. Applicant-Prepared Project Description
G. Applicant-Prepared Restaurant Operations Plan
H. General Plan Polices
I. Applicant-Prepared Noise Assessment, updated October 24. 2023 J. Applicant-Prepared Parking Demand Study, updated October 17, 2023
K. Original Applicant-Proposed Zone Text Amendment Language L. Staff-Revised Zone Text Amendment Language
M. Public Notices
N. Public Comment
O. Applicant’s Public Outreach Efforts
P. Reported Violations of the Conditions of Approval
Q. BHPD Calls for Service Report
R. Project Plans
Report Author and Contact Information:

Edgar Arroyo, Senior Planner
(310) 285-1138
[email protected]
Meeting Date: December 14, 2023
Subject: 9291 BURTON WAY (L’ERMITAGE HOTEL)
Conditional Use Permit, Development Plan Review, and Extended Hours Permit Renewal and Amendment and Zone Text
Amendment (PL2300008)
Request for renewal of a Conditional Use Permit, Development Plan Review, and Extended Hours Permit to allow for the continued operation of the L’Ermitage Hotel restaurant with outdoor dining and the hotel’s rooftop uses with extended hours at the property located at 9291 Burton Way and amendments to the existing conditions of approval; a Zone Text Amendment to allow for expansion of restaurant bar and dining floor area to facilitate expansion of additional dining area within an existing ground floor restaurant and a new restaurant located on the rooftop of the hotel with rooftop outdoor dining and bar area.

Pursuant to the provisions set forth in the California Environmental Quality Act (CEQA), the Planning Commission will also consider finding the project exempt from further review under CEQA. Continued from the October 26, 2023 Planning Commission Hearing.

Project Applicant: LBVH Hotel LLC
Project Representative: Spencer B. Kallick, Allen Matkins Leck Gamble Mallory & Natsis LLP Recommendation: Staff recommends that the Planning Commission conduct a public hearing, discuss and receive testimony on the project, and adopt resolutions that: 1) Recommend approval of the Zone Text Amendment to the City Council, and; 2) Approve the requested Conditional Use Permit, Development Plan Review, and Extended Hours Permit, along Planning Commission Report
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with associated amendments to the conditions of approval, contingent upon the City Council’s approval of the Zone Text Amendment, and find the project exempt from CEQA.

REPORT SUMMARY
This report summarizes the Planning Commission’s October 26, 2023 review of the L’Ermitage Hotel project located at 9291 Burton Way and provides analysis of key issues related to the findings for the requested entitlements. Specifically, this report highlights the proposed project, the requested entitlements, and the potential for impacts to the surrounding neighborhoods. Draft resolutions have been prepared per the Commission’s direction at the October, 23, 2023 hearing.

BACKGROUND
On October 26, 2023, the Planning Commission held a public hearing to consider a request for the following:
1) Renewal of Existing Entitlements
Renewal of a Conditional Use Permit (CUP), Development Plan Review (DPR), and Extended Hours Permit (EHP) associated with hotel rooftop uses and the operation of an existing restaurant on the ground floor of the L’Ermitage Hotel located at 9291 Burton Way.

These entitlements were previously renewed by the Planning Commission as part of the adoption of Resolution No. 2015 (Attachment E) for a three year period expiring on January 23, 2025.
2) Amendments to Existing Conditions of Approval
Amendments to the existing conditions of approval regulating indoor and outdoor dining operations, amplified sound, parkway cleaning, penalties, deliveries, and parking operations. Specifically, the applicant is requesting changes to the following conditions of approval within Section 17 of Resolution No. 2015 (Attachment E):
• Condition No. 1: Increase the number of tables and chairs within the outdoor dining area along Burton Way, from 7 tables and 20 chairs to 10 tables and 26 chairs.
• Condition No. 3: Allow for amplified sound to project from the inside of the restaurant to the outdoor air dining area.
• Condition No. 7: Increase the time that all patrons must exit the restaurant’s outdoor dining area, from 10:30 P.M. to 11:00 P.M.
• Condition No. 17: Remove the requirement to pick-up trash and debris on the south side of Burton Way, across the street from the hotel.
• Conditions No. 14, 15, and 24: Amend these conditions to state that they are related to deliveries for “hotel operations” and not applicable to deliveries to individuals or overnight guests of the hotel, such as deliveries from a food delivery service. • Condition No. 27: Reduce the cash penalties that are currently imposed for violations of the conditions of approval by 50%.

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3) Zone Text Amendment
A Zone Text Amendment (ZTA) to amend the development standards in Beverly Hills Municipal Code (BHMC) §10-3-1207 regulating the establishment of restaurants in existing legally nonconforming hotels located within the City’s R-4, Multiple Residential Zones. The proposed amendments would allow for the expansion of bar and dining area within existing hotel restaurants and the establishment of new bar and dining area that is open to the public on the rooftop of an existing legally nonconforming hotel as part of a CUP request (Attachment K). Specifically, the proposed amended ZTA language would allow the following improvements at the project site:
• The expansion of dining and bar area in the existing ground floor restaurant through the conversion of existing meeting rooms into additional new dining and back of house kitchen areas.
• The establishment of a new restaurant on the hotel’s rooftop. The proposal would include the partial demolition of an existing enclosed rooftop storage area and construction of an outdoor cabana with new bar and dining seating and the conversion of the remaining portion of the enclosed storage area into a kitchen to serve the planned restaurant use. The new rooftop restaurant would be open to the public and provide the outdoor dining on the southwest portion of the rooftop.

At the hearing, the Planning Commission reviewed the proposal, received public testimony regarding the project, discussed the proposed amendments to the existing conditions of approval and the proposed ZTA language. Key points of the Commission’s discussion included:
• The applicability of the proposed ZTA language to other existing legally nonconforming hotels in the R-4 Zone.
• Relationship of existing rooftop dining regulations to the proposed ZTA. • Relationship between private dining rooms and the proposed ground floor restaurant expansion.
• Concerns with the proposal to allow for ambient sound from the interior of the hotel restaurant to project into the restaurant’s outdoor dining area on the ground floor. • Desire to retain existing conditions of approval regarding the pickup of trash and debris on the north and south sides of Burton Way.

Overall, the Commission expressed general support for the project and directed staff to prepare resolutions approving the project and recommending approval of the ZTA to the City Council, and continued the hearing to December 14, 2023. Based on the direction provided by the Commission, the proposed ZTA language was amended by staff and is provided for the Commission’s consideration as Attachment L. This report includes discussion on the items raised by the Commission at the previous meeting, provides discussion on the required findings for the project, and includes draft resolutions approving the proposed project (Attachment B) and recommending approval of the ZTA to the City Council (Attachment C) for the Commission’s review and consideration.

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GENERAL PLAN POLICIES1
The General Plan includes numerous goals and policies intended to help guide development in the City. Some of the policies relevant to the Planning Commission’s review of the project included as Attachment H.

DISCUSSION AND ANALYSIS2
Recommendations for approval of the ZTA, as well as project approval, conditional approval, or denial of the requested renewal and amendments of the CUP, DPR, and EHP are based upon specific findings for the discretionary action. This section provides a detailed analysis of the project and applicable findings to assist the Planning Commission in determining whether the project is able to meet the required findings for approval. The specific findings that must be made in order to recommend approval of the ZTA to the City Council and approve the requested renewal and amendments to the CUP, DPR, and EHP are provided as Attachment A to this report.

Additionally, the draft resolutions provided as Attachments B and C contains draft language for findings that may be used to guide the Planning Commission’s deliberation on the subject project.

Amendments to Existing Conditions of Approval. On October 26, 2023, the Planning Commission reviewed the applicant’s requested amendments to eight (8) existing conditions of approval that regulate the current operation of the existing restaurant and hotel rooftop uses.

These conditions are detailed in Section 15 of Resolution No. 2015 (Attachment E) and were last adopted with the Commission’s renewal of existing CUP, DPR, and EHP entitlements on January 26, 2023. At the October 26th meeting, the Commission expressed general support for most of the applicant’s requested amendments to the conditions of approval. Discussion on each condition amendment request is provided below, along with recommended language for each condition based on the direction received at the previous meeting, for the Commission’s consideration. The applicant-proposed changes to each existing condition are noted in red. Staffrecommended changes to the conditions are noted in blue.

Changes to Condition No. 1 – Outdoor Dining Limit on Tables and Chairs The requested amendment would increase the number of tables and chairs currently permitted in the existing outdoor dining area, from seven tables and 20 chairs to 10 tables and 26 chairs. The applicant has proposed the following amendments to Condition No. 1:
• Applicant-Proposed Amendments
Condition No. 1: The open air dining area shall be limited to a maximum of ten (10) seven (7) tables and twenty-six (26) twenty (20) chairs.

The Commission did not express concerns related to the proposed amendments to this condition of approval. Changes to Condition No. 1 have been included in the draft resolution for the Commission’s further discussion and consideration (Attachment B). Additionally, staff has further revised Condition No. 1 to add the size of the ground floor outdoor dining area 1 Document available online at http://www.beverlyhills.org/business/constructionlanduse/generalplan/generalplandocument/ 2 The analysis provided in this section is based on draft findings prepared by the report author prior to the public hearing. The Planning Commission in its review of the administrative record and based on public testimony may reach a different conclusion from that presented in this report and may choose to modify the findings. A change to the findings may result in a final action that is different from the staff recommended action in this report.

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and to incorporate similar seating and dining area conditions for the proposed rooftop restaurant operation, as detailed in the staff-recommended modifications to this condition below:
• Staff-Recommended Modifications
Condition No. 1: The outdoor open air dining area on the ground floor shall be limited to a maximum of ten (10) seven (7) tables and twenty-six (26) twenty (20) chairs, and shall not exceed 859 SF. The rooftop outdoor dining area shall be limited to 50 table seats and 14 bar seats. Additionally, the rooftop bar and outdoor dining area shall not exceed a combined area of 1,960 SF.

Changes to Condition No. 3 – Amplified Sound in Outdoor Dining Area The requested amendment would allow the existing patio doors of the ground floor restaurant to remain open during restaurant hours so that amplified sound playing in the interior of the restaurant can be audible in the outdoor dining area. The applicant has proposed the following amendments to Condition No. 3:
• Applicant-Proposed Amendments
Condition No. 3: No live entertainment or amplified sound shall be allowed in the outdoor dining area at any time. Amplified sound shall be allowed to play from speakers located within restaurant’s interior dining area to be heard in the outdoor dining area.

Staff recommended modifications to the Applicant’s proposed Condition No. 3 amendments in the October 26th staff report (Attachment D) to make clear that compliance with the City’s applicable noise regulations is required and allowable hours for amplified sound in the outdoor dining area are from 8:00 A.M. to 10:00 P.M. daily. Additionally, staff has incorporated conditions that would prohibit live entertainment and regulate amplified sound on the rooftop outdoor dining and bar, as detailed in the staff-recommended modifications to this condition below:
• Staff-Recommended Modifications
Condition No. 3: No live entertainment or amplified sound shall be allowed in the ground floor and rooftop outdoor dining area at any time. For the ground floor restaurant, amplified sound shall be allowed to play from speakers located within restaurant’s interior dining area to be heard in the outdoor dining area, in compliance with BHMC §5-1-201. At no time may amplified sound be played from the inside of the restaurant to be heard in the outdoor dining area before 8:00 A.M. and after 10:00 P.M. daily. For the rooftop restaurant, amplified sound in the form of prerecorded music shall be allowed to play from speakers located on the rooftop outdoor dining and bar area and shall comply at all times with the City’s noise regulations in BHMC §5-1-201.

At the October 26th meeting, commissioners expressed both support and concerns regarding the proposal to amend the condition prohibiting amplified sound in the existing ground-floor Planning Commission Report
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outdoor dining area. The staff-recommended changes to Condition No. 3 have been included in the draft resolution for discussion and consideration (Attachment B). Should the Commission elect to not amend this condition, staff will revise the draft resolution to retain the condition as previously adopted and all amplified sound would continue to be prohibited in the ground floor outdoor dining area. However, conditions regulating live entertainment and amplified sound on the rooftop outdoor dining and bar area would remain, unless amended by the Commission.

Changes to Condition No. 7 – Outdoor Dining Hours
The requested amendment would allow for a 30 minute increase in allowable outdoor dining hours. The existing restaurant is currently allowed to operate indoor service from 6:30 A.M. to 11:00 P.M. daily, with the outdoor dining area allowed to operate from 8:00 A.M. to 9:00 P.M. daily, with all diners required to exit the outdoor dining area no later than 10:30 P.M. The applicant seeks to increase the time that all diners are required to exit the outdoor dining area from 10:30 P.M. to 11:00 P.M., to match the hours of operation for the interior portion of the restaurant, while continuing to limit the hour that customers can be seated to 9:00 P.M. The applicant has proposed the following amendments to Condition No. 3:
• Applicant-Proposed Amendments
Condition No. 7: The restaurant shall not seat any patron indoors before 6:30 A.M. or after 11:00 P.M. daily. Additionally, the open air dining patio operations of the restaurant, including any movement of tables and chairs or the setting of dishes and silverware, shall commence no earlier than 8:00 A.M. and the restaurant shall not seat patrons in the open air dining area before 8:00 A.M. or after 9:00 P.M. daily. All diners shall have exited the outdoor dining area no later than 11:00 10:30 P.M.

The Commission did not express concerns related to the applicant’s proposed amendment to this condition of approval. This change to Condition No. 7 has been included in the draft resolution for the Commission’s further discussion and consideration (Attachment B).

Additionally, staff has further revised Condition No. 7 to regulate the hours of operation of the rooftop outdoor dining area and to note that the use of adjacent pool and pool deck area is for the exclusive use of persons staying at the hotel and their registered guests, as detailed in the staff-recommended modifications to this condition below:
• Staff-Recommended Modifications
Condition No. 7: The ground floor restaurant shall not seat any patron indoors before 6:30 A.M. or after 11:00 P.M. daily. Additionally, the outdoor open air dining patio operations of the ground floor restaurant, including any movement of tables and chairs or the setting of dishes and silverware, shall commence no earlier than 8:00 A.M. and the restaurant shall not seat patrons in the outdoor open air dining area before 8:00 A.M. or after 9:00 P.M. daily. All diners shall have exited the outdoor dining area no later than 11:00 10:30 P.M. The rooftop restaurant and outdoor dining and bar area shall not seat a patron before 8:00 A.M. or after 9:00 P.M. daily. All diners shall have exited the rooftop Planning Commission Report
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outdoor dining area no later than 11:00 P.M. daily. Additionally, the rooftop restaurant may provide food service to persons staying at the hotel and their guests using the adjacent rooftop pool. However, the use of the rooftop pool area shall be limited exclusively to persons staying at the hotel and their guests only. The hotel shall not provide the general public use of the rooftop pool area including food service in this area to persons not staying at the hotel or their registered guests.

Changes to Condition Nos. 14, 15, and 24 – Hotel Deliveries The applicant’s requested amendments would seek to clarify that only deliveries associated with hotel operations are subject to the operational hotel delivery restrictions adopted by the Commission in Conditions Nos. 14, 15, and 24. At the time when conditions pertaining to hotel operations were adopted, the primary focus was to regulate deliveries related to hotel operations and rooftop special events to reduce impacts to neighboring residential uses. Food deliveries made by third party services or restaurant delivery drivers to hotel guest was not the type of delivery intended to be regulated by these conditions. Deliveries associated with hotel operations can be directly managed by the hotel and should be expected to be in compliance with these delivery conditions. However, it is not feasible to apply these conditions to individual food deliveries, or other third-party deliveries, ordered by hotel guests. The applicant has proposed the following amendments to Condition Nos. 14, 15, and 24:
• Applicant-Proposed Amendments
Condition No. 14: The hotel shall not accept any deliveries associated with hotel operations except during the hours of 9:00 A.M. through 6:00 P.M., Monday through Friday, 10:00 A.M. through 5:00 P.M. on Saturday, and 10:00 A.M. through 3:00 P.M. on Sunday. Hotel operations shall include deliveries associated with the operation of the hotel, restaurants, and rooftop areas, including deliveries for rooftop special events, but shall not include deliveries made by third party delivery services (e.g., UberEats, Grubhub, or similar) to individuals or hotel guests.

Condition No. 15: The loading zone on hotel property adjacent to the alley behind the hotel shall at all times remain free of structures or other obstructions.

Delivery trucks associated with hotel operations shall, whenever possible, avoid reversing and/or backing up in the alley in order to minimize noise associated with backup alarms. Delivery trucks associated with hotel operations shall be prohibited from blocking the alley, from stopping or parking in areas of the alley that provide access to neighboring properties’ parking garages or where neighboring properties’ garbage bins are located, and from stopping or parking anywhere on Foothill Road or Maple Drive…
Condition No. 24: Deliveries, setup, and/or event breakdown for any rooftop functions shall not occur except during the hours of 9:00 A.M. through 6:00 P.M., Monday through Friday, 10:00 a.m. through 5:00 p.m. on Planning Commission Report
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Saturday, and 10:00 A.M. through 3:00 P.M. on Sunday. This condition shall not apply to third party deliveries that are outside of the hotel’s control to individuals or hotel guests.

The Commission did not express concerns related to the applicant’s proposed amendments to these conditions of approval. The applicant’s proposed changes to Condition Nos. 14, 15, and 24 have been included in the draft resolution for the Commission’s further discussion and consideration (Attachment B).

Changes to Condition No. 17 – Pickup of Trash and Debris The applicant’s requested amendment would seek to amend existing conditions that require the hotel to provide pickup of trash and debris along the north and south sides of Burton Way, between Foothill Road and Elm Drive. Specifically, the applicant requests that the provision that requires pickup on the south side of Burton Way, across the street from the hotel, be removed due to insurance and employee liability concerns. The applicant has proposed the following amendments to Condition No. 17:
• Applicant-Proposed Amendments
Condition No. 17: Hotel staff shall walk the north and south sides of Burton Way between Foothill Road and Maple Drive once each day and collect and dispose of any trash or debris that may be present on the sidewalk or parkway that was generated by hotel operations.

At the October 26th meeting, the Commission expressed interest in retaining the condition requiring the pickup of trash and debris on both sides of Burton Way. As such, staff has retained Condition No. 17 without the applicant’s requested modifications in the draft resolution for the Commission’s further discussion and consideration (Attachment B). Should the Commission elect to amend this condition, staff will revise the draft resolution consistent with the Commission’s direction.

Changes to Condition No. 27 – Penalties for Violations
The applicant’s requested amendments would seek to reduce the penalty amounts that are assessed to the hotel for violations of the adopted conditions of approval, with escalating penalties for repeated violations. As required by Condition No. 27, the applicant is required to post a $20,000 deposit that the City will draw from when penalties for violations are assessed.

Penalties for the first violation begin at $1,000 and increase up to $10,000 on the fourth violation. At the fifth violation, a $10,000 penalty is assessed and the entitlements are subject to return to the Planning Commission for review and possible revocation. At the October 26th meeting, the applicant presented a penalty structure to the Commission that would reduce the penalty for each confirmed violation by 50%, with specifics on the amendments provided on the following page.

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• Applicant-Proposed Amendments
Condition No. 27: Upon verification of evidence that a violation of any condition of approval contained herein has occurred, financial penalties shall be withdrawn from the cash deposit in the following amounts for each violation within a single calendar year:
1st
Violation
2nd
Violation
3rd
Violation
4th
Violation 5th Violation
$500
$1,000
$1,250
$2,500
$2,500
$5,000
$5,000
$10,000
$5,000 $10,000 and
automatically return
to Planning
Commission for
review and possible
revocation. All
application fees
would be required in
addition to the
assessed penalty.

In support of the requested amendments to reduce penalty amounts, the applicant cites the hotels current track record of improved compliance with all applicable conditions of approval and BHMC requirements under its current ownership, as compared to the hotel troubled history when previously owned by the Viceroy Group.

At the October 26th meeting, the Commission questioned the need to reduce the existing penalty amounts in light of improved adherence to applicable conditions and BHMC requirements. As such, staff has retained Condition No. 27 without the applicant’s requested modifications in the draft resolution for the Commission’s further discussion and consideration (Attachment B). Should the Commission elect to amend this condition, staff will revise the draft resolution consistent with the Commission’s direction.

Additional Staff-Recommended Changes
In review of all existing conditions of approval, staff has also provided the following additional edits as summarized below:
• Edits throughout the conditions to now refer to “open air dining” as “outdoor dining” to maintain consistency with the proposed ZTA language.
• Changes and additions to Condition Nos. 2, 4, 5, 6, 9, 10, 11, 12, 19, and 25 to differentiate between conditions that are applicable to the ground floor restaurant and outdoor dining area and those that are applicable to the rooftop restaurant and rooftop outdoor dining and bar area.
• Revisions to Condition No. 11 to remove requirement that the restaurant doors adjacent to the ground floor outdoor dining area “shall not be held, propped, or otherwise kept open”, consistent with the proposed amendments to Condition No. 3 allowing amplified sound to play from speakers located within restaurant’s interior dining area to be heard in the outdoor dining area.

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• Addition of Condition No. 30 noting that the resolution approving the project stall not become effective unless the ZTA is approved by the City Council.

Noise Assessment. A noise assessment was submitted by the applicant to study whether the amendments to the existing ground-floor restaurant’s outdoor dining area and new rooftop restaurant project would have negative impacts to neighboring residential properties with respect to noise. A copy of the report was provided in the October 26th Planning Commission staff report.

The Noise Assessment, prepared by Eremos, studied three specific area on the property for a 24- hour period to determine ambient noise levels:
• In the ground-floor outdoor dining area adjacent to Burton Way • The courtyard area of the Rotunda Building abutting the multi-family residential property to the west at 9297 Burton Way, and
• The existing rooftop guest lounge area where the new outdoor restaurant dining and bar area is proposed (Fig. 1).

Subsequent to the October 26th hearing and in response to the City’s noise consultant peer review comments (Rincon Consultants), the applicant provided an updated noise assessment report (Attachment I) that addresses the peer review comments.

Fig. 1: Microphone Locations for 24-Hour Measurements
Source: Noise Assessment, Eremos
Based on the assessment, existing conditions resulted in a weighted average of ambient noise levels of 64.6 dBA at the hotel’s rooftop area, 68.2 dBA at the existing ground floor outdoor dining area, and 64.7 dBA in the courtyard adjacent to the closest residential property to the west at 9297 Burton Way. Based on existing ground floor and rooftop uses, and as confirmed by the City’s noise consultant, the noise assessment determined the enlarged ground floor restaurant uses Planning Commission Report
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along with the new rooftop restaurant and rooftop dining use would not have an adverse noise impact.

Parking. Parking for the existing hotel, restaurant, and rooftop uses is provided for on-site within a valet-operated subterranean garage containing 129 parking spaces. As detailed in the October 26th staff report (Attachment D), the requested modifications to the hotel would increase the total amount of dining and bar area on the property by approximately 2,757 SF, through a combination of interior and exterior (including rooftop) areas. The expansions include the conversion of the 660 SF Rotunda meeting room on the ground floor into additional indoor dining, a 137 SF increase in the area of the existing ground-floor outdoor dining area, and 1,960 SF of new outdoor bar and dining area for a proposed new rooftop restaurant.

Pursuant to BHMC §10-3-2730.B.8, outdoor dining areas on private property require parking to be provided at a ratio of one (1) parking space for every 350 SF of outdoor dining floor area. In total, the project would require an additional seven (7) parking spaces to be provided, which consists of one (1) additional space for the ground-floor outdoor dining expansion and six (6) spaces for new rooftop outdoor dining area. However, as also noted in this section, the BHMC allows the Planning Commission to implement different parking requirements for outdoor dining areas, provided the Commission finds that the outdoor dining area will generate a need for parking different than the amount of parking required by this section; or determines that parking demand will be met by means other than those means specified in this section.

When the original CUP and DPR were approved by the City Council to allow for a restaurant use with outdoor dining to be open to the public (Resolution No 99-R-10211), the Council determined that the hotel at the time had adequate parking for the proposed uses and was able to accommodate the required parking demand with existing parking supply and through the use of valet parking. As part of this request, the applicant is also requesting that the Planning Commission make a similar determination that any additional required parking for the ground floor outdoor dining expansion and new rooftop restaurant use with rooftop outdoor dining would be met by the existing parking supply. The October 26th staff report included a Parking Demand Study prepared by Fehr & Peers to assess the parking impacts of the proposed ground floor and rooftop dining uses and determine if there was sufficient parking to meet the projected demand of these uses. The revised Parking Demand Study, resubmitted on October 17, 2023, is provided as Attachment J to this report was updated to address staff’s comments regarding the inclusion of rooftop events in the parking demand analysis. The findings of the study note that during current peak conditions, the estimated peak parking demand is 81 parking spaces which occurs during the months July and August, when summer travel is common. With the proposed ground floor and rooftop dining uses, the study finds that the peak parking demand will be 88 parking spaces, which can be fully accommodated by the 129 parking spaces available on-site. The consultant assumed full hotel occupancy and rooftop events to determine the estimated peak demand and factored in shared uses, as hotel guest are likely to also frequent the on-site restaurant, thereby reducing overall parking demand.

In consideration of the requested waiver of the required parking for the ground floor restaurant’s outdoor dining area and proposed rooftop restaurant’s outdoor dining area, the Planning Commission may approve the request if the Commission is able to make the following finding for approval, as detailed in BHMC §10-3-2730.B.8 and provided on the following page:

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• The open air dining area will generate a need for parking different than the amount of parking required by BHMC §10-3-2730 B(8).

The project includes the continued operation of an existing ground floor restaurant with outdoor dining that is open to the public, a 137 SF expansion in the existing ground floor outdoor dining area from 722 SF to 859 SF with additional seating, and the establishment of 1,960 SF of outdoor dining and bar areas associated with the operation of a new rooftop restaurant. The proposed ground floor outdoor dining expansion and new rooftop outdoor dining area on the rooftop of the hotel generate the requirement to provide seven (7) additional parking spaces on the project site pursuant to BHMC §10- 3-2730 B(8).

In consideration of the original CUP and DPR that was issued 1999, the City Council approved a restaurant use with outdoor dining to be open to the public (Resolution No 99-R-10211) and previously determined that the project site had adequate parking for the existing hotel and restaurant uses, which were able to be accommodated with the existing 129 parking spaces existing at the project site and through the use of a valet parking operation. To evaluate the proposed ground floor outdoor dining expansion and new rooftop restaurant’s outdoor dining area, a new parking demand analysis was prepared to assess the existing and projected parking demand of all current and proposed uses. The analysis concluded that the demand generated by existing hotel, restaurant, and rooftop uses is 81 parking spaces during the peak parking demand periods (July and August), resulting in a net surplus of 48 parking spaces. When the proposed ground floor outdoor dining expansion and new rooftop outdoor dining areas are factored into existing operations, these existing and proposed uses are projected to result in a peak parking demand of 88 spaces within the same peak period. While the new and expanded outdoor dining uses increase the net parking demand by seven (7) parking spaces, the project site is still projected to maintain a surplus of 41 available parking spaces during peak periods. This parking demand projection takes into consideration other modes of travel, which include the use of ride-share services, along with standard means in which persons travel in their own vehicle. Additionally, the study factors in shared uses in which a person staying at the hotel will also make use of existing restaurant uses, reducing vehicles trips and parking demand.

Previously approved conditions requiring free parking for employees of the hotel and restaurant patrons, as well as restrictions on the concurrent use of the ground floor restaurant for banquets or similar private reception and hotel rooftop, along with the number of allowable events, are carried over into the attached draft resolution.

Additionally, these conditions have been further expanded to also apply to the new rooftop restaurant and rooftop outdoor dining area to further reduce potential parking impacts in the vicinity of the project site. Therefore, based on the parking demand analysis prepared for the project, the open air dining areas will generate a need for parking different than the amount of parking required by BHMC §10-3-2730 B(8), and the parking demand for the increased ground floor outdoor dining area and new rooftop outdoor dining areas can be met by the existing on-site parking supply and through the use of valet parking.

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Existing Rooftop Dining Regulations. At the October 26, 2023, the Planning Commission expressed interest in understanding existing rooftop dining regulations to provide context for their consideration of the proposed ZTA for this project. Information regarding the City’s existing rooftop dining regulations is provided below:

Rooftop Dining Regulations in the Business Triangle
On October 15, 2021, the City Council adopted an Ordinance 21-O-2843, creating regulations to allow for the establishment of rooftop dining uses and rooftop open air dining as part of a Rooftop Dining Permit within the City’s C-3, Commercial Zone. These regulations are codified in BHMC §10-3-3107.5 and allow for new rooftop dining uses exclusively within the City’s Business Triangle3 area.

These regulations allow for the construction of new restaurant floor area on the rooftop of existing commercial buildings and the establishment of new open air dining associated with the rooftop restaurant use. Specifically, BHMC §10-3-3107.5.A.3.c. allows for new rooftop restaurant additions of up to 15’ in height, as measured from the existing roof deck, and with a maximum floor area in the amount that this the lesser of the following:
• Up to 3,000 SF of rooftop restaurant floor area,
• Up to 50% of the total floor area of the story immediately below the rooftop use, or; • Up to 10% of the total floor area of the development.

The floor area created by the establishment of any new rooftop dining use is exempt from the floor area limitations otherwise applicable to a property. Additionally, the size of any proposed rooftop open air dining area associated with a new rooftop restaurant is not regulated.

However, provisions were included to require a landscape buffer along all rooftop edges that face a public street of at least 42 inches in height. Background music on the rooftop is permitted, as long as the music is not noticeably audible beyond the site property lines. The only form of live entertainment permitted on a rooftop dining areas are musical performances by no more than two performers (including disc jockeys).

The reviewing authority for Rooftop Dining Permits, which are generally processed at the stafflevel, is the Director of Community Development, unless the Director determines that the request merits consideration by the Planning Commission. Approval of a Rooftop Dining Permit is subject to the following findings for approval:
a) The proposed rooftop dining use is consistent with the general plan; b) The proposed rooftop dining use 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 the rooftop dining use will not significantly and adversely interfere with the use and enjoyment of residential properties in the vicinity of the subject property; and 3 Pursuant to BHMC §10-3-3107.5.A.2., the Business Triangle is defined as the area bounded to the northeast by the alley parallel to and northwest of Crescent Drive, to the southwest by the north side of Wilshire Boulevard and to the northwest by Santa Monica Boulevard north roadway.

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d) The proposed rooftop dining use will not be detrimental to the public health, safety or general welfare.

These Rooftop Dining Use permit regulations are specific to the City’s business triangle and therefore are not applicable to properties outside the business triangle or to existing legally nonconforming hotel buildings located in residential zones, such as the L’Ermitage.

Hotel Regulations and Rooftop Dining
The City’s hotel regulations in Title 10, Chapter 3, Article 28.6 do allow for hotel restaurant and bar uses, including dining uses on rooftops, as part of a CUP request. Existing hotels that operate restaurant uses in commercial areas outside of the business triangle include the Peninsula hotel and the Sixty hotel, which also operate restaurant uses with rooftop outdoor dining that is open to hotel guests and the general public that were authorized as part of the CUP for the hotel operation. The Sixty operates a 114 guestroom hotel with a ground floor restaurant and a separate rooftop restaurant exclusively with a rooftop outdoor dining and bar area. Similarly, the Peninsula operates a 195 guestroom hotel that includes a ground floor restaurant and a separate rooftop restaurant with rooftop outdoor dining and bar area. These hotels also include other rooftop uses available to hotel guests, including pools, pool cabanas, and restroom facilities.

The L’Ermitage hotel operates similar restaurant and rooftop uses at the project site. The L’Ermitage includes a ground floor restaurant with outdoor dining area abutting Burton Way and rooftop uses for hotel guests consisting of a rooftop pool, pool cabanas, and lounge areas.

Additionally, the L’Ermitage hosts rooftop special events on the eastern half of hotel’s rooftop.

Food service is currently provided to hotel guests occupying the rooftop area from the ground floor restaurant. When compared to other hotels located in the R-4 Zone, the L’Ermitage operates more as a full service hotel and provides services that are in line with other existing full service hotels in the City. When compared to the other three legally nonconforming hotels within the R-4 Zone (the Avalon, Beverly Terrace, and Sirtaj hotels), the L’Ermitage is the only hotel that provides established rooftop uses that are similar to the City’s other full service hotels.

The proposed improvements seek to provide additional amenities that are similar to and in keeping with full service luxury hotel operations. The L’Ermitage already operates commercial uses with special events hosted from the building’s rooftop and provides outdoor dining to hotel guest using the pool and lounge areas. The introduction of more formal rooftop restaurant would provide direct food service to hotel guest, instead of how food service is currently provided with food currently prepared in the ground floor restaurant and taken to the rooftop by hotel employees. Additionally, the repurposing of the existing outdoor lounge on the southwest portion of the hotel rooftop introduces rooftop outdoor dining and bar area that would be open to the public, in keeping with similar luxury hotel uses within the City. Such is currently not possible under the existing regulations for existing hotels in R-4 zones.

Rooftop Dining Regulations for Nonconforming Hotels in R-4 Zones.

Currently, existing regulations dining in nonconforming hotel regulations (BHMC §10-3-1207) do not allow for the establishment of rooftop dining uses on properties that have and operate a legally nonconforming hotel within the City’s R-4 Zone. The requested ZTA seeks to allow Planning Commission Report
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for existing hotels with established rooftop uses to enlarge existing ground floor restaurant area and establish new rooftop restaurant uses with rooftop outdoor dining and bar areas, in keeping with the type of uses currently offered in existing luxury hotel operations in the City.

Zone Text Amendment Request. At the October 26th meeting, the Planning Commission reviewed draft applicant-proposed ZTA language (Attachment J) that would allow for the expansion of bar and dining area within existing hotel restaurants and the establishment of new bar and dining floor area that is open to the public on the rooftop of an existing legally nonconforming hotel with R-4 Zone as part of a CUP request.

Based on the feedback received by the Commission at the previous meeting, staff has revised the draft ZTA language (Attachment K) to address concerns related to private dining rooms and the applicability of the ZTA. Additionally, staff has made further revisions to clarify that only existing enclosed rooftop structures are eligible for conversion into new restaurant kitchen facilities. Staff’s revised ZTA language was reviewed with the applicant prior to this hearing and no objections were expressed with the revised ZTA language. Additional discussion regarding the current version of the ZTA language is provided below.

Private Dining Rooms.

Previous amendments to BHMC §10-3-1207.A., pertaining to private dining rooms within a nonconforming hotel in an R-4 Zone have been removed in the staff revised ZTA language (Attachment K). The existing language in this section will remain as is and apply only to the establishment of private dining rooms, which consist of dining rooms that only provide food service to guests and are not open to the public.

Expansion of Dining and Bar Floor Area.

Based on discussion at the October 26th hearing, Staff has revised the applicant’s ZTA language in the BHMC §10-3-1207.B., which provides criteria to establish a restaurant that is open to the public within a legally nonconforming hotel in the R-4 Zone. Specifically, staff has modified the qualifying criteria for which a property is eligible to request a CUP. Previously, the applicant-proposed ZTA language made all properties with “rooftop pools in existence as of January 1, 2022” eligible for the proposed ZTA to allow for the establishment of new rooftop restaurant and dining uses and the expansion of existing restaurant uses. Staff’s revisions in subsections B.7 and B.8 have simplified the eligibility criteria to apply to “nonconforming hotels with established rooftop used on or before December 14, 2023.” Rather than the qualifying criteria being tied to a very specific rooftop element, like a rooftop pool, staff has made the criteria more general so that the new provisions would apply to hotels with existing established rooftop uses; however, this broadened language would still narrowly apply only to the L’Ermitage hotel, as it is the only hotel within the R-4 Zone that has existing established rooftop uses.

Established in 1979, the L’Ermitage hotel is the largest of the existing nonconforming hotels located in an R-4 zone, operating 119 guestrooms, restaurant uses, and special event rooftop uses within an eight story building. For comparison, the Sirtaj hotel operates 32 guestrooms within a three-story building, the Beverly Terrace hotel operates 39 guestrooms within a twostory building, and the Avalon hotel operates 84 guestrooms within a three-story building.

Other than the L’Ermitage, none of these existing legally nonconforming R-4 Zone hotels have Planning Commission Report
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established rooftop uses. The L’Ermitage hotel is a much larger hotel operation with service levels more similar to existing larger hotels located in the City’s commercial zones (e.g., the Sixty, Maybourne, and Peninsula hotels) than to other legal non-conforming hotels located in the R-4 zone. Over the years, several entitlements have been issued to the hotel to allow for improvements to the project site to encourage additional investment in the existing L’Ermitage hotel property (See “Prior Planning Commission/City Council Action” on Pages 3 and 4 of Attachment D).

Additional staff revisions to the applicant’s draft ZTA language include clarifying that only existing rooftop structures are allowed to be converted to restaurant kitchen facilities. Staff’s concern with the previous language was that it was unclear whether the ZTA language would have allowed for new development of enclosed floor area on the rooftop, which did not appear to be intent of the project. The proposed project includes the conversion of portion of an existing rooftop storage room into kitchen facilities and outdoor dining and bar area. Staff’s revisions to the ZTA language is intended to capture to scope of the applicant’s current proposal without allowing for significant expansion beyond the currently requested project.

The applicant-proposed ZTA text is provided below with the changes noted in red. Staffrecommended changes to the ZTA text are noted in blue.

Staff-Revised Draft ZTA Amendments
10-3-1207: DINING IN NONCONFORMING HOTELS:

Subject to the following restrictions, restaurants or dining rooms may be operated within a nonconforming hotel located in an R-4 zone:

A. Private Dining Rooms: A private dining room may be operated within a nonconforming hotel in an R-4 zone provided that the dining room serves only hotel occupants and their guests and has no door or entrance opening through an exterior wall except a service door into a garage or warehouse or an emergency exit door.

B. Restaurants: A restaurant may be operated within a nonconforming hotel pursuant to a conditional use permit if the hotel and restaurant meet the following criteria:

1. The hotel is located on a street identified as an "arterial" street or "collector" street in the city's general plan.

2. The total dining and bar floor area of all restaurants and private dining rooms in the hotel does not exceed the floor area of any dining and bar area that existed on or before November 1, 1995, except as provided for in subsection B.7 and B.8.

3. No patrons of the restaurant are seated after eleven o'clock (11:00) P.M.

4. No live entertainment is performed.

5. No banquets or similar private receptions or parties are held at the restaurant.

6. Parking is provided free of charge to employees to ensure that employees do not park in the public right of way.

7. For nonconforming hotels with established rooftop uses that existed on or before December 14, 2023, existing enclosed rooftop structures area may be converted for use as restaurant kitchen facilities and outdoor dining and bar Planning Commission Report
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area may be established on the rooftop, subject to the requirements of subsection C of this section.

8. For nonconforming hotels with established rooftop uses that existed on or before December 14, 2023, dining and bar floor area of existing ground floor restaurants may be expanded, subject to the requirements of subsection C of this section.

C. Restaurant Conditional Use Permit: Prior to issuing a conditional use permit to allow a for the operation or expansion of restaurant uses, including the establishment of rooftop outdoor dining and bar area, to be located in a nonconforming hotel pursuant to subsection B, the commission shall consider, as part of its determination pursuant to article 38 of this chapter, whether the restaurant will have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to:

1. The accumulation of garbage, trash, or other waste;

2. Noise created by the operation of the restaurant or by employees or visitors entering or exiting the restaurant;

3. Light and glare;

4. Odors or noxious fumes;

5. Parking demand created by the restaurant, including parking demand created by employees; or

6. Traffic.

D. Prohibition Against Expansion: Nothing in this section shall be construed to permit the expansion or enlargement of a nonconforming hotel use or private dining room or restaurant within a nonconforming hotel except that a private dining room may be converted to a restaurant as allowed by subsections B and C of this section, and restaurants may be expanded as provided for in subsections B.7 and B.8. No hotel may include both a private dining room and a restaurant.

Zone Text Amendment Findings.

Pursuant to BHMC §10-3-3908, in consideration of the proposed ZTA, the Planning Commission may recommend approval of the ZTA to the City Council if it makes the following finding:
• The public interest, health, safety, morals, peace, comfort, convenience, or general welfare requires the reclassification of the property involved or the reclassification of any portion of the property.

The proposed ZTA would establish standards that would allow for the expansion of bar and dining uses within existing legally nonconforming hotels within the City’s R-4 Zone and the establishment of rooftop restaurant uses with outdoor dining for existing hotels with established rooftop uses. The standards seek to encourage continued investment in existing longstanding full service hotels within the city as part of a CUP and DPR request that would be subject to Planning Commission review and consideration at a noticed public hearing. The proposed standards would serve the public interest by Planning Commission Report
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facilitating additional restaurant and dining opportunities that would be available to hotel guests and the general public. Additionally, the standards would allow for the Commission to evaluate the potential impacts of a particular use and impose appropriate conditions that would continue to aid in preserving the public interest, health, safety, morals, peace, comfort, convenience, and general welfare of residents in the city. The new outdoor dining regulations proposed in the ZTA aid in providing healthier, safer, and more convenient dining opportunities by expanding al fresco dining on private property, as an alternative to dining within enclosed spaces, particularly in light of the recent COVID-19 pandemic. Based on this, staff recommends that the Planning Commission recommend approval the proposed ZTA to the City Council.

Conditional Use Permit Request. In consideration of the requested renewal and amendments to the existing CUP to continue and allow expansion of the existing open to the public restaurant uses located on the ground floor of the L’Ermitage Hotel, as well as allow a new restaurant operation on the rooftop of the existing hotel, the Planning Commission may approve the request if the Commission is able to make the following findings for approval, as detailed in BHMC §§10- 3-3800 and 10-3-1207.C, as provided below:
• The proposed location of any such use will not be detrimental to adjacent property or to the public welfare.

The improvements on the ground floor are in keeping with outdoor dining uses that have been in place at the project site since 1999, when approvals were issued by the City Council to allow for a private dining room to be converted to a restaurant use that is open to the public, with outdoor dining established abutting Burton Way. The new ground floor outdoor dining area would maintain a similar appearance to the currently approved configuration, with landscaping and site walls that screen the area from view to the street.

The proposed rooftop improvements included in the CUP request consist of the operation of a new rooftop restaurant with outdoor dining on the rooftop of the existing hotel. The requested CUP would allow for a new rooftop restaurant and outdoor dining opportunity that would repurpose an existing area on the southwest corner of the hotel’s rooftop. The existing area currently operates as an outdoor lounge that is used by persons staying at the hotel and their guests, with existing speakers that emit low-volume amplified music. The proposal would only repurpose an existing outdoor area already used for commercial occupancy by improving the area with landscaping and decking material to accommodate outdoor dining.

Currently, food service is already provided to hotel guests utilizing the rooftop pool and lounge areas, with food prepared from the existing ground floor restaurant to delivered to rooftop occupants. The new rooftop kitchen will provide for easier and more convenient service to hotel guests on the rooftop and to customers of the new rooftop restaurant.

Conditions that are currently in place that regulate the existing restaurant and rooftop special event uses would continue to be in place, with similar conditions imposed on the new rooftop restaurant and rooftop outdoor dining use from detrimental impacts. As conditioned, the proposed location of any such use will not be detrimental to adjacent property or to the public welfare.

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• The restaurant uses will not have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to the accumulation of garbage, trash, or other waste.

As conditioned, the applicant will be required to continue to maintain the project site and neighboring public right-of-way areas in a clean and sanitary condition. The hotel continues to be served by an existing on-site trash compactor and trash storage areas, completely enclosed in the subterranean garage. Additionally, conditions requiring the applicant provide for the pickup of trash and debris generated by the hotel on the north and south sides of Burton Way, between Foothill Road and Elm Drive, will continue to ensure existing and proposed restaurant operations do not have negative impacts on neighboring properties and those within the vicinity of the project site. Therefore, as conditioned, the restaurant not have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to the accumulation of garbage, trash, or other waste. • The restaurant uses will not have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to noise created by the operation of the restaurant or by employees or visitors entering or exiting the restaurant.

The new rooftop restaurant uses are in keeping with existing restaurant uses currently operating at the project site. The existing rooftop area currently operates as an outdoor lounge area for use by persons staying at the hotel and their guests, with existing speakers that emit low-volume amplified music. Overall, the proposed expanded restaurant uses on the ground floor and on the rooftop area would occupy existing areas already used for commercial hotel activities. Conditions that are currently in place to protect neighboring residential uses from noise impacts would continue to remain in place with this project and would be further augmented to apply to the proposed rooftop restaurant and associated outdoor dining areas. Access to the hotel by employees is provided through the existing hotel’s front lobby and through elevators within the basement garage where employees park. Visitors frequenting the restaurant would valet their vehicle in front of the hotel along Burton Way and enter the hotel from the main lobby. Once at the lobby, visitors would check from inside the lobby to the existing restaurant, or, if frequenting the new rooftop restaurant operation, would access the elevators from the main lobby after checking in with the front desk.

A noise assessment was prepared to determine if the expansion of the existing ground floor restaurant and operation of a new rooftop restaurant with outdoor dining would have negative impacts to neighboring residential properties with respect to noise. Based on existing ground floor and rooftop uses, the noise assessment determined the enlarged ground floor restaurant uses along with the new rooftop restaurant and rooftop dining use would not have an adverse noise impact. Therefore, as conditioned, the restaurant uses will not have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to noise created by the operation of the restaurant or by employees or visitors entering or exiting the restaurant.

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• The restaurant uses will not have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to light and glare.

The existing restaurant and adjacent outdoor dining area are located on the ground floor and are fully enclosed and separated from neighboring residential properties by walls, landscaping, and a courtyard. New improvements on the ground floor include the installation of additional landscaping and walls to further screen the outdoor dining area from public view as part of the proposed expansion. The proposed new rooftop restaurant’s outdoor dining area is designed with landscape planters along the perimeter abutting the rooftops parapet to provide a buffer being the proposed use and the building’s edge. No lighting will be directed toward the neighboring properties for either ground floor or rooftop uses. The hotel’s restaurant uses at the ground floor and the rooftop do not include the use of reflective surfaces that could potentially cause glare. Therefore, as conditioned, operation of the hotels existing and new rooftop restaurant area with outdoor dining during extended hours will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of light and glare.
• The restaurant will not have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to odors or noxious fumes.

The existing restaurant on the ground floor of the hotel has indoor cooking facilities. The project includes the expansion of existing kitchen and back of house areas through the conversion of existing indoor public assembly areas, as well as improvements to existing mechanical and ventilation systems on the rooftop of the rotunda building. The proposed new rooftop restaurant would convert existing enclosed storage rooms on the rooftop of the hotel for use as a kitchen and food preparation areas to provide service to patrons of the new rooftop restaurant and hotel guests utilizing the rooftop pool area. The new rooftop kitchen area would also be improved with new mechanical and ventilation systems to capture and filter odors and noxious fumes from affecting neighboring properties in the vicinity of the project site. Neither the ground floor restaurant nor the new rooftop restaurant would perform food preparation or cooking outdoors. As such, both the improvements to the existing restaurant on the ground floor and the new rooftop restaurant use will not have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to odors or noxious fumes.
• The restaurant will not have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to parking demand created by the restaurant, including parking demand created by employees.

Prior and recent parking analyses have determined that the hotel has adequate parking for the proposed uses, and can accommodate the required parking demand through the use of valet parking. Based on existing hotel and hotel rooftop operations, as well as expanded restaurant operations on the ground floor and new restaurant operations on the hotel’s rooftop area, the peak parking demand projected for the project site and all uses is 88 parking spaces. The project site maintains a total of 129 valet-operated parking spaces onsite, with conditions that required free parking to be provided to restaurant guests (ground floor and rooftop) and employees of the hotel. The projected peak parking demand with all Planning Commission Report
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existing and proposed uses in operation result in a surplus of 41 parking spaces available to meet any fluctuations in parking demand. There are project conditions requiring that free parking be provided to restaurant patrons and employees encourages those that to travel to the project in a personal vehicle to use hotel’s existing parking facilities rather than utilizing existing on-street parking. Furthermore, to assist in further reducing negative effects on traffic volumes and congestion on streets, conditions have been imposed that restrict events from occurring at the ground floor and rooftop restaurants and the hotel rooftop concurrently.

Additionally, operational conditions include limitations on the number of restaurant and rooftop events allowed at the hotel to ensure that any potential increase in parking demand could be accommodated by existing parking supply at all times. Therefore, as conditioned, the ground floor and rooftop restaurants will not have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to parking demand created by the restaurant, including parking demand created by employees. • The restaurant will not have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to traffic.

As detailed in the related CUP finding on Page 20 of this report, and because the Project is located along a major arterial street that can accommodate any potential increases in traffic flow for the continued use of the hotel restaurant and rooftop area, the proposed extended hours operation for the restaurant, outdoor dining, and rooftop special events area would not have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to traffic.

Development Plan Review.

In consideration of the requested renewal and amendments to the DPR, the Planning Commission may approve the request if the Commission is able to make the following finding for approval, as detailed in BHMC §10-3-3104 and provided below:
• The proposed plan is consistent with the general plan and any specific plans adopted for the area.

The renewal and amendment of the existing DPR to allow for the continued operation of the existing restaurant’s outdoor dining area and the establishment of new rooftop restaurant with outdoor dining within an existing high-end luxury hotel is consistent with several goals and policies of the City’s General Plan. The General Plan encourages accommodation of hotel and restaurant uses that attract customers from the region and provide a quality experience for national and international tourists. (Policy LU 9.1) The General Plan also encourages retention and improvement of priority businesses, including high-end hotels. (Policy LU 15.2; Policy ES 1.4) Other policies in the General Plan call for maintaining compatible relationships between commercial uses and adjoining residential neighborhoods, limiting hours of commercial and entertainment operations adjacent to residential neighborhoods, and limiting hours of truck deliveries to commercial uses abutting residential neighborhoods. (Policies LU 12, LU 12.1, N 1.3, and N 1.4) Recognizing the need to balance retention of high-end hotels with the desire to maintain compatibility of uses and minimize noise impacts to residential uses, conditions have been imposed that limit the operations of the open air dining area, and mechanisms have been developed to enable Planning Commission Report
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efficient enforcement of all conditions of approval. Therefore, as conditioned, granting the renewal and amendments to the DRP is consistent with the General Plan. Further, the subject property is not located within any specific plans. • The proposed plan will not adversely affect existing and anticipated development in the vicinity and will promote harmonious development of the area.

The requested renewal and amendments to the DPR allow additional outdoor dining opportunities for hotel guests and the general public within an existing long established hotel use at the project site. On the ground floor, the proposal would improve an existing outdoor dining area on the ground floor with new landscaping, site walls, and privacy features to accommodate a minor expansion in outdoor dining and additional seating to service an existing restaurant use. On the rooftop, the DPR would allow for the establishment of new outdoor dining associated with a new rooftop restaurant operation. The new restaurant use expands on existing dining uses already established at the project site and provides new dining options within the city. Conditions currently in place that regulate the operation of the existing ground floor restaurant, includes restrictions on hours of operation, adherence to noise regulations, and events, will also be applicable to the new rooftop restaurant and rooftop outdoor dining use to ensure that the new rooftop use will not have adverse impacts to adjacent properties. All outdoor dining will be located on private property and not within the public right-of-way, maintaining existing sidewalks and parkways free and clear for pedestrian use to not adversely affect existing development in the vicinity of the project site and to promote harmonious development of the area. Furthermore, the physical improvements or proposed uses would not impact anticipated development in the vicinity of the project site, as there are currently no active development projects in close proximity to the hotel. As such, the proposed plan would not adversely affect existing and anticipated development in the vicinity and will promote harmonious development of the area. • 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 requested renewal and amendments to the DPR would allow for the continued use of the existing restaurant’s ground floor outdoor dining area with physical improvements to allow for a minor increase in area and seating opportunities would not significantly alter existing operations. The improvements on the ground floor are in keeping with outdoor dining uses that have been in place at the project site since 1999. While a minor increase in outdoor area is proposed through the reconfiguration of existing site walls in the courtyard abutting the sidewalk along Burton Way, the new ground floor outdoor dining area would appear similar to what exists now, with landscaping and site walls that screen the area from view to the street.

The requested DPR to allow for new rooftop outdoor dining opportunity associated with a new restaurant use would repurpose an existing rooftop area on the southwest corner of the hotel. The existing area currently operates as an outdoor lounge area for use by persons staying at the hotel and their guests, with existing speakers that emit low-volume amplified music. The proposal would only repurpose an existing outdoor area already used for Planning Commission Report
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commercial occupancy by improving the area with landscaping and decking material to accommodate the outdoor dining. Additionally, an existing rooftop storage room would be modified for use as the rooftop restaurant’s kitchen with an attached open air cabana that would provide food service to hotel guests and the public. Currently, food service is already provided to hotel guests utilizing the rooftop pool and lounge areas, with food prepared from the existing ground floor restaurant to delivered to rooftop occupants. The new rooftop kitchen will provide for easier and more convenient service to hotel guests on the rooftop and to customers of the new rooftop restaurant.

Overall, the proposed outdoor dining uses on the ground floor and rooftop area would occupy existing areas already used for commercial hotel activities. Neither use proposes additional density or floor area, as the both uses seek to only repurpose existing areas in the hotel. No structures that would increase the height of the existing building, both at the ground floor or on the rooftop would be built. Additionally, conditions that are currently in place to protect neighboring residential uses would remain in place with this project and would be further augmented to apply to the proposed rooftop restaurant and associated outdoor dining areas. The conditions seek to promote the harmonious operation of the existing and proposed hotel and restaurant uses adjacent to residential properties in the vicinity of the project site. Conditions include restrictions on the hours of operation of the open air dining area, prohibition on live entertainment, and prohibiting queuing of patrons outside. The project will also not result in any increases in the number of hotel rooms or hotel capacity. As such, the proposed nature, configuration, location, density, height and manner of operation of any commercial development proposed by the project will not significantly and adversely interfere with the use and enjoyment of residential properties in the vicinity of the subject property, as conditioned.
• The proposed plan will not create any significantly adverse traffic impacts, traffic safety hazards, pedestrian-vehicle conflicts, or pedestrian safety hazards.

The proposed project that includes ground floor and rooftop outdoor dining areas would not materially alter the existing commercial use of the property. The project site is developed with an existing 119-room hotel that includes restaurant uses with outdoor dining that is open to the public, as well as established rooftop uses of the at the hotel. The hotel’s rooftop is currently improved with outdoor pool and guest lounge areas on the western half of the rooftop, with the eastern side used for rooftop special event uses throughout the year. The proposal seeks to repurpose existing areas public assembly areas on the ground floor to expand existing restaurant dining and kitchen back of house areas, along with a minor expansion of outdoor dining by repurposing areas within the existing courtyard. The rooftop improvements would repurpose a portion of an existing storage room for use as a new restaurant kitchen area, with existing hotel guest lounge area on the rooftop repurposed to provide an outdoor dining area.

The existing and proposed uses would continue to be served by existing parking supply provided within a valet-operated subterranean parking garage for 129 vehicles. The hotel provides curb-side valet pick-up and drop-off adjacent to the hotel along Burton Way. The existing operation would continue to operate as it does currently, as conditioned, which have not previously resulted in reported concern regarding traffic impacts, traffic safety hazards, Planning Commission Report
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pedestrian-vehicle conflicts, or pedestrian safety hazards. Prior and recent parking analyses have determined that the hotel has adequate parking for the proposed uses, and can accommodate the required parking demand through the use of valet parking. Based on existing hotel and hotel rooftop operations, as well as expanded restaurant operations on the ground floor and new restaurant operations on the hotel’s rooftop area, the peak parking demand projected for the project site and all uses is 88 parking spaces. The projected peak parking demand with all existing and proposed uses in operation results in a surplus of 41 parking spaces available for fluctuations in parking demand. Free parking would be provided to restaurant patrons and employees to encourage those that do travel to the project in a personal vehicle to use hotel’s existing parking facilities rather than utilizing existing onstreet parking. A traffic and parking plan is also required to be submitted in connection with any rooftop function involving more than 25 attendees who are not hotel guests. This condition would further ensure that the project does not have a substantial and adverse traffic impacts, as all parking is required to be provided for on-site and not dependent of available street parking in residential zones. Therefore, as conditioned, the proposed project will not create any significantly adverse traffic impacts, traffic safety hazards, pedestrianvehicle conflicts, or pedestrian safety hazards. • The proposed plan will not be detrimental to the public health, safety or general welfare.

The DPR renewal and amendments include the carryover of existing conditions that currently regulate existing hotel, ground floor restaurant, and hotel rooftop special events, along with new and amended conditions to regulate the proposed ground floor restaurant expansion and new rooftop restaurant use with rooftop outdoor dining. Existing and new conditions limit the hours of operation for restaurant and rooftop uses, prohibit live entertainments, require free parking to be made available to restaurant patrons and employees to alleviate concerns with the availability of on-street parking for neighboring residential uses, and restrict events from happening concurrently in the ground floor restaurant, existing rooftop special event area, and at the new rooftop hotel and outdoor dining area. These conditions, along with additional project conditions that regulate overall hotel operations, incorporate measures to minimize noise and operational impacts associated with the existing and proposed outdoor dining uses, given the project site’s proximity to residential uses. Therefore, as conditioned, project will not be detrimental to the public health, safety or general welfare.

Extended Hours Permit.

In consideration of the requested renewal and amendments to the EHP, the Planning Commission may approve the request if the Commission is able to make the following finding for approval, as detailed in BHMC §10-3-1958.C and provided below:
• The extended hours operation will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of the accumulation of garbage, litter, or other waste, both on and off the subject site;
As detailed in the related CUP finding on Page 18 of this report, the proposed extended hours operation for the restaurant, outdoor dining, and rooftop special events area would Planning Commission Report
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not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of the accumulation of garbage, litter, or other waste, both on and off the subject site. • The extended hours operation will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of noise created by the extended hours operation or by employees or visitors entering or existing the extended hours operation; The project includes the renewal and amendments to existing EHP operations for the ground floor restaurant and outdoor dining area, as well as the existing rooftop special events area on the eastern half of the existing rooftop area. The proposed new rooftop restaurant with outdoor dining would also operate an extended hours operation that would function and be conditioned similar to the operation of the existing restaurant and outdoor dining area, with limitations on live entertainment, limited hours of operations, and restrictions on the number of events that could be hosted on the rooftop restaurant. Additionally, amplified sound on the rooftop would be regulated under the City’s noise ordinance, as the existing restaurant and rooftop uses are currently regulated under. A noise assessment was prepared to determine if the existing and proposed uses would have negative impacts to neighboring residential properties with respect to noise. Based on existing ground floor and rooftop uses, the noise assessment determined the enlarged ground floor restaurant uses along with the new rooftop restaurant and rooftop dining use would not have an adverse noise impact.

Therefore, as conditioned, the extended hours operations will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of noise created by the extended hours operation or by employees or visitors entering or existing the extended hours operation.
• The extended hours operation will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of light and glare;
As detailed in the related CUP finding on Page 19 of this report, the proposed extended hours operation for the restaurant, outdoor dining, and rooftop special events area would not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of light and glare.
• The extended hours operation will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of odors and noxious fumes; As detailed in the related CUP finding on Page 20 of this report, the proposed extended hours operation for the restaurant, outdoor dining, and rooftop special events area would not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of odors and noxious fumes.
• The extended hours operation will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of pedestrian queuing; The renewal and amendments to the existing EHP to allow for the continued use of the ground floor restaurant with an outdoor dining area and rooftop special event uses, as well the new rooftop restaurant uses are not anticipated to cause pedestrian queuing issues. In Planning Commission Report
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order to access the existing and proposed restaurant uses and the existing hotel rooftop area, visitors are required to enter the hotel lobby to access these areas. The hotel lobby is improved with seating and waiting areas in the event visitors are required to wait for a reservation. As such, all pedestrian queuing would occur inside of the hotel lobby and not block pedestrian access along the existing sidewalk along Burton Way. Therefore, as conditioned, the extended hours operation would not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of pedestrian queuing. • The extended hours operation will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of crime or peril to personal safety and security; Based on the review of police activity reports tied to the project address, the reports do not indicate significant evidence of crimes related to personal safety and security. Conditions have been included that establish a clear and escalating penalty structure in order to encourage compliance with conditions intended to reduce noise and parking violations that would be applicable to all existing and proposed hotel operations. Therefore, as conditioned, the extended hours operation would not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of crime or peril to personal safety and security. • The extended hours operation will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of use of residential streets for parking which is likely to cause activity associated with the subject extended hours operation to intrude substantially into a residential area;
As detailed in the related CUP finding on Page 20 of this report, the proposed extended hours operation for the restaurant, outdoor dining, and rooftop special events area would not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of use of residential streets for parking which is likely to cause activity associated with the subject extended hours operation to intrude substantially into a residential area. • The extended hours operation will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of effects on traffic volumes and congestion on local residential streets; and
As detailed in the related CUP finding on Page 20 of this report, the proposed extended hours operation for the restaurant, outdoor dining, and rooftop special events area would not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of effects on traffic volumes and congestion on local residential streets. • The extended hours operation will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of cumulative impacts relating to the existing concentration of extended hours operations in the vicinity of the proposed extended hours operation.

The project site currently operates a legally nonconforming hotel in the City’s R-4 Zone with existing ground floor restaurant uses and rooftop special events. There are currently no other EHP issued for any other commercial uses in the adjacent neighborhood, which makes Planning Commission Report
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the hotel the only extended hours operation within the adjacent neighborhood. As such, there is currently not a concentration of EHP that existing in the vicinity of the project site.

Additionally, conditions have been imposed that restrict the hours of operation of the ground floor and rooftop hotel restaurant uses and associated ground floor and rooftop outdoor dining areas, as well as rooftop event space. For these reasons, as conditioned, the extended hours operation would not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of cumulative impacts relating to the existing concentration of extended hours operations in the vicinity of the proposed extended hours operation.

ENVIRONMENTAL ASSESSMENT
The project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.), the State CEQA Guidelines4 (California Code of Regulations, Title 14, Section 15000 et seq.), and the environmental regulations of the City. Upon review, the project appears to qualify for a Class 1 Categorical Exemption (Existing Facilities) and Class 5 (Minor Alterations in Land Use Limitations) in accordance with the requirements of Sections 15301 and 15305 of the state CEQA Guidelines. These exemptions are applicable to permitting or minor alterations of existing structures involving negligible or no expansion of use and to minor alterations in land use limitations in areas with an average slope of less than 20% that do not result in any changes in land use or density. If the Planning Commission is able to make findings in support of approval of the project, staff recommends that the Commission find the project exempt from further review under the provisions of CEQA.

PUBLIC OUTREACH AND NOTIFICATION
Public notice for the October 26, 2023 Planning Commission meeting was conducted in accordance with the City’s requirements and included a mailed notice (Attachment M) and on-site posted notices provided 20 days in advance of the meeting. The project was subsequently continued to December 14, 2023 for the Commission to consider draft resolutions approving the project and recommending approval of the proposed ZTA to the City Council. As a result of the project being continued to a date certain, no additional public noticing is required. However, courtesy updates via email were sent to all individuals on the interested parties list for the project.

No additional public comments have been received since the last meeting on October 26, 2023.

All previous correspondence is included as Attachment N for the Commission’s consideration. 4 The CEQA Guidelines and Statute are available online at https://opr.ca.gov/ceqa/guidelines/ Planning Commission Report
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NEXT STEPS
It is recommended that the Planning Commission conduct the public hearing and discuss the proposed code regulations. Staff recommends that the Commission adopt resolutions that: 1) recommend approval of the ZTA to the City Council; and, 2) conditionally approve the requested CUP, DPR, and EHP, contingent upon the City Council’s approval of the ZTA.

Alternatively, the Planning Commission may consider the following actions:

1. Amend the draft ZTA language or the draft conditions of approval further to reflect the Commission’s discussions.

2. Direct staff or applicant as appropriate and continue the hearing to a date (un)certain, consistent with permit processing timelines, and at applicant’s request or consent.

Report Reviewed By:

Masa Alkire, AICP
City Planner
ATTACHMENT 4
Planning Commission Resolution
No. 2046
RESOLUTION NO. 2046

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF BEVERLY HILLS RECOMMENDING

ADOPTION OF AN ORDINANCE OF THE CITY OF
BEVERLY HILLS AMENDING TITLE 10, CHAPTER 3,
ARTICLE 12 OF BEVERLY HILLS MUNICIPAL CODE TO

ALLOW FOR THE EXPANSION OF EXISTING

RESTAURANT USES AND THE ESTABLISHMENT OF

NEW RESTAURANT USES WITH ROOFTOP OUTDOOR

DINING FOR EXISTING LEGALLY NONCONFORMING
HOTELS LOCATED IN THE R-4 MULTIPLE
RESIDENTIAL ZONE (PL2300008)
WHEREAS, the Planning Commission has considered the proposed Amendment to the City of Beverly Hills Municipal Code, as set forth and attached hereto as Exhibit A (the “Amendments”); and,
WHEREAS, the Planning Commission conducted duly noticed public hearings on October 26, 2023 and December 14, 2023, at which times it received oral and documentary evidence relative to the proposed Amendments; and,
WHEREAS, the Planning Commission finds that the proposed Amendments are required because of the benefit to the public interest, health, safety, morals, peace, comfort, convenience, or general welfare, and that such Amendments are consistent with the general objectives, principles, and standards of the General Plan.

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

DocuSign Envelope ID: D81A0B15-8412-4272-897E-799C021C643B 2 Section 1. The Amendments were assessed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq.(“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.), and the City’s Local CEQA Guidelines (hereafter the “Guidelines”). The Planning Commission finds that adoption of the Amendments are exempt from CEQA pursuant to Section 15305 (Class 5, Minor Alterations in Land Use Limitations) of Title 14 of the California Code of Regulations.

The Amendments would allow for the expansion of bar and dining area within existing hotel restaurants and the establishment of new bar and dining area that is open to the public on the rooftop of an existing legally nonconforming hotels in the R-4, Multiple Residential Zone with established rooftop uses as of December 14, 2023, as part of a Conditional Use Permit request.

The Amendments constitute minor changes to land use regulations in areas with an average slope of less than 20%, which do not result in any changes in land use or density. Therefore, the Planning Commission hereby finds that the Amendments are exempt from CEQA pursuant to CEQA Guidelines Section 15305.

Section 2. The Amendments would revise Beverly Hills Municipal Code §10- 3-1207 to allow for the area of an existing enclosed rooftop structure to be converted for use as restaurant kitchen facilities and new adjacent rooftop outdoor dining and bar area, along with the ability to expand the dining and bar floor area within an existing ground floor restaurant as part of a Conditional Use Permit request that would be applicable to existing legally nonconforming hotel uses located the City’s R-4 Zone that have established rooftop uses as of December 14, 2023.

Conditions imposed on projects as part of these requirements would allow for the City to carefully evaluate the impacts of each request and impose conditions that would continue to aid in preserving the public interest, health, safety, morals, peace, comfort, convenience, and general welfare of DocuSign Envelope ID: D81A0B15-8412-4272-897E-799C021C643B 3 residents in the city. Furthermore, the Amendments would encourage renewed investment in longstanding hotel businesses through the creation of standards that would allow these hotels be remain competitive in the City and surrounding areas. Based on this, the Planning Commission recommends approval of the proposed Amendments to the City Council.

Section 3. The Amendments are consistent with the objectives, principles, and standards of the General Plan. General Plan Policy LU (Land Use) 9.1 – Uses for Diverse Customers, encourages accommodation of hotel and restaurant uses that attract customers from the region and provide a quality experience for national and international uses. Additionally, General Plan Policy LU 15.1 – Economic Vitality and Business Revenue, encourages the City to sustain a vigorous economy by supporting businesses that contribute revenue, quality services and high-paying jobs, while LU 15.2 – Priority Businesses, encourages the retention and improvement of priority businesses, including high-end hotels. The requested Amendments to the create opportunities for additional investment in existing long-standing hotel uses in the City by creating additional indoor and outdoor dining opportunities within existing legally nonconforming hotel for hotel guests and the general public to enjoy.
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DocuSign Envelope ID: D81A0B15-8412-4272-897E-799C021C643B 4 Section 4. The Planning Commission does hereby recommend to the City Council the adoption of an ordinance approving and enacting the proposed Amendments substantially as set forth in Exhibit A, which is attached hereto and incorporated herein by reference.

Adopted: December 14, 2023
Gary B. Ross
Chair of the Planning Commission of the
City of Beverly Hills
Attest:

Masa Alkire, AICP
Secretary of the Planning Commission
Exhibit:

A – Draft Ordinance
Approved As To Form:

David M. Snow
Assistant City Attorney
Approved As To Content:

Masa Alkire, AICP
City Planner
Community Development Department
DocuSign Envelope ID: D81A0B15-8412-4272-897E-799C021C643B 5 EXHIBIT A

DRAFT ORDINANCE
DocuSign Envelope ID: D81A0B15-8412-4272-897E-799C021C643B [DRAFT] ORDINANCE NO. 24-O-________

AN ORDINANCE OF THE CITY OF BEVERLY HILLS
AMENDING TITLE 10, CHAPTER 3, ARTICLE 12 OF

BEVERLY HILLS MUNICIPAL CODE TO ALLOW FOR THE

EXPANSION OF EXISTING RESTAURANT USES AND THE

ESTABLISHMENT OF NEW RESTAURANT USES WITH

ROOFTOP OUTDOOR DINING FOR EXISTING LEGALLY
NONCONFORMING HOTELS LOCATED IN THE R-4

MULTIPLE RESIDENTIAL ZONE

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

Section 1. On October 26, 2023 and December 14, 2023, the Planning Commission held a duly noticed public hearing after which it adopted Resolution No. 2046, recommending that the City Council amend portions of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code to allow for the expansion of bar and dining area within existing hotel restaurants and the establishment of new bar and dining area that is open to the public on the rooftop of an existing legally nonconforming hotels in the R-4, Multiple Residential Zone with established rooftop uses as of December 14, 2023 (collectively, the “Amendments”). On _________, the City Council held a duly noticed public hearing, received public testimony, and thereafter introduced this Ordinance.

Section 2. This Ordinance and the Amendments, in conjunction with the proposed renewal and amendments of Conditional Use Permit, Development Plan Review, Extended Hours Permit entitlements to allow for expansion of existing ground floor restaurant uses with outdoor dining and the establishment of new rooftop restaurants uses with rooftop outdoor dining associated with existing hotel operations at 9291 Burton Way (collectively the “Project”), were assessed in accordance with the authority and criteria contained in the California Environmental DocuSign Envelope ID: D81A0B15-8412-4272-897E-799C021C643B -2-
Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City.

The Amendments would allow for the expansion of bar and dining area within existing hotel restaurants and the establishment of new bar and dining area that is open to the public on the rooftop of an existing legally nonconforming hotels in the R-4, Multiple Residential Zone with established rooftop uses as of December 14, 2023, as part of a Conditional Use Permit request.

The City Council hereby finds that the Project is exempt from CEQA pursuant to Sections 15301 (Class 1 – Existing Facilities) and 15305 (Class 5 - Minor Alteration in Land Use Limitations) of Title 14 of the California Code of Regulations. Due to the fact that the Amendment and Project involves minor alterations in land use limitations in areas with an average slope of less than 20% that do not result in any changes in land use or density, minor temporary use of land having negligible or no permanent effects on the environment, and the permitting or minor alterations of existing structures involving negligible or no expansion of use, these exemptions are applicable.

Section 3. The Amendments are consistent with the objectives, principles, and standards of the General Plan. General Plan Policy LU (Land Use) 9.1 – Uses for Diverse Customers, encourages accommodation of hotel and restaurant uses that attract customers from the region and provide a quality experience for national and international uses. Additionally, General Plan Policy LU 15.1 – Economic Vitality and Business Revenue, encourages the City to sustain a vigorous economy by supporting businesses that contribute revenue, quality services and high-paying jobs, while LU 15.2 – Priority Businesses, encourages the retention and improvement of priority businesses, including high-end hotels. The requested Amendments to the create opportunities for additional investment in existing long-standing hotel uses in the City by creating additional indoor and outdoor dining opportunities within existing legally nonconforming hotel for hotel guests and the general public to enjoy.

DocuSign Envelope ID: D81A0B15-8412-4272-897E-799C021C643B -3-
Section 4. The City Council hereby amends Section 10-3-1207 of Article 12, of Chapter 3 of Title 10 of the Beverly Hills Municipal Code to read as follows:
"10-3-1207: DINING IN NONCONFORMING HOTELS:

Subject to the following restrictions, restaurants or dining rooms may be operated within a nonconforming hotel located in an R-4 zone:

A. Private Dining Rooms: A private dining room may be operated within a nonconforming hotel in an R-4 zone provided that the dining room serves only hotel occupants and their guests and has no door or entrance opening through an exterior wall except a service door into a garage or warehouse or an emergency exit door.

B. Restaurants: A restaurant may be operated within a nonconforming hotel pursuant to a conditional use permit if the hotel and restaurant meet the following criteria:

1. The hotel is located on a street identified as an "arterial" street or "collector" street in the city's general plan.

2. The total dining and bar floor area of all restaurants and private dining rooms in the hotel does not exceed the floor area of any dining and bar area that existed on or before November 1, 1995, except as provided for in subsections B.7 and B.8.

3. No patrons of the restaurant are seated after eleven o'clock (11:00) P.M.

4. No live entertainment is performed.

5. No banquets or similar private receptions or parties are held at the restaurant.

6. Parking is provided free of charge to employees to ensure that employees do not park in the public right of way.

DocuSign Envelope ID: D81A0B15-8412-4272-897E-799C021C643B -4-

7. For nonconforming hotels with established rooftop uses that existed on or before December 14, 2023, existing enclosed rooftop structures area may be converted for use as restaurant kitchen facilities and outdoor dining and bar area may be established on the rooftop, subject to the requirements of subsection C of this section.

8. For nonconforming hotels with established rooftop uses that existed on or before December 14, 2023, dining and bar floor area of existing ground floor restaurants may be expanded, subject to the requirements of subsection C of this section.

C. Restaurant Conditional Use Permit: Prior to issuing a conditional use permit to allow for the operation or expansion of restaurant uses, including the establishment of rooftop outdoor dining, to be located in a nonconforming hotel pursuant to subsection B, the commission shall consider, as part of its determination pursuant to article 38 of this chapter, whether the restaurant will have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to:

1. The accumulation of garbage, trash, or other waste;

2. Noise created by the operation of the restaurant or by employees or visitors entering or exiting the restaurant;

3. Light and glare;

4. Odors or noxious fumes;

5. Parking demand created by the restaurant, including parking demand created by employees; or

6. Traffic.

DocuSign Envelope ID: D81A0B15-8412-4272-897E-799C021C643B -5-
D. Prohibition Against Expansion: Nothing in this section shall be construed to permit the expansion or enlargement of a nonconforming hotel use or private dining room or restaurant within a nonconforming hotel except that a private dining room may be converted to a restaurant as allowed by subsections B and C of this section, and restaurants may be expanded as provided for in subsections B.7 and B.8. No hotel may include both a private dining room and a restaurant.

E. Signage: In addition to any other signage permitted for the hotel, a hotel restaurant or private dining room may be identified by a sign at the entrance to the restaurant or private dining room. The size of the sign shall be approved by the planning commission but in no event shall the sign exceed twelve (12) square feet. The sign shall not be illuminated except with back lighting.

F. Outdoor Dining: Outdoor dining may be approved by the planning commission as part of the issuance of a conditional use permit subject to the issuance of a development plan review approval that must be renewed on an annual basis for the first three (3) years and every three (3) years thereafter unless the director of planning and community development determines that more frequent review and renewal is required to ensure that no adverse impacts occur." Section 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this Ordinance shall be and remain in full force and effect.

Section 6. Publication. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen DocuSign Envelope ID: D81A0B15-8412-4272-897E-799C021C643B -6-
(15) days after its passage in accordance with Section 36933 of the Government Code, shall certify to the adoption of this Ordinance, and shall cause this Ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City.

Section 7. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.

Section 8. Certification. The City Clerk shall certify to the adoption of this Ordinance.

Adopted:

Effective:

JULIAN A. GOLD, M.D.

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

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

LAURENCE S. WIENER
City Attorney

NANCY HUNT-COFFEY
City Manager
DocuSign Envelope ID: D81A0B15-8412-4272-897E-799C021C643B

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.

CITY OF BEVERLY HILLS )
I, KAREN MYRON, Recording Secretary of the Planning Commission of the City of Beverly Hills, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. 2046 duly passed, approved and adopted by the Planning Commission of said City at a meeting of said Commission on December 14, 2023, and thereafter duly signed by the Secretary of the Planning Commission, as indicated; and that the Planning Commission of the City consists of five (5) members and said Resolution was passed by the following vote of said Commission, to wit:

AYES: Commissioners Wolfe, Demeter, Ostroff, Vice Chair Kaplan, Chair Ross NOES: None
ABSTAIN: None
ABSENT: None
________________________________

KAREN MYRON
Recording Secretary of the
Planning Commission
City of Beverly Hills, California
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ATTACHMENT 5
Planning Commission Resolution
No. 2047
RESOLUTION NO. 2047

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF BEVERLY HILLS CONDITIONALLY APPROVING A

RENEWAL AND AMENDMENT OF A CONDITIONAL USE

PERMIT TO ALLOW A DINING FACILITY IN A

NONCONFORMING HOTEL TO BE OPEN TO THE PUBLIC, A

RENEWAL AND AMENDMENT OF A DEVELOPMENT PLAN

REVIEW TO ALLOW AN OUTDOOR DINING AREA SERVED

BY EXISTING PARKING SUPPLY AND VALET

OPERATIONS, AND RENEWAL AND AMENDMENT OF AN

EXTENDED HOURS PERMIT TO ALLOW A

NONCONFORMING HOTEL RESTAURANT, OUTDOOR

DINING AREA, AND ROOFTOP USE TO OPERATE DURING
EXTENDED HOURS AT 9291 BURTON WAY (L’ERMITAGE
HOTEL). (PL2300008)
The Planning Commission of the City of Beverly Hills hereby finds, resolves and determines as follows:

Section 1. Spencer Kallick, on behalf of the property owner, LBVH Hotel LLC (collectively the “Applicant”), has submitted applications requesting renewal and amendments to previously approved Conditional Use Permit (CUP), Development Plan Review (DPR), and Extended Hours Permit (EHP) entitlements associated with the operation of existing and proposed hotel restaurant and rooftop uses at the L’Ermitage Hotel at 9291 Burton Way (the “Project). The requested CUP will allow for the continued operation of an existing ground floor restaurant uses with increases to interior bar and dining area and allow for the operation the operation of a new restaurant use on the rooftop of the hotel. The DPR will allow for the existing ground floor restaurant’s outdoor dining area to be enlarged and the establishment of new outdoor dining area associated with the new restaurant on the rooftop of the hotel that would be served by existing parking supply. The EHP will allow for the ground floor and rooftop restaurants and associated ground-floor and rooftop outdoor dining areas, along with the use of the hotel rooftop for special DocuSign Envelope ID: 99E08AE6-143B-4090-924B-ADCB56D9E2E5 2 events, to operate during extended hours. The requested amendments to the CUP, DPR, and EHP require the approval of a Zone Text Amendment that creates provisions to allow for the expansion of existing ground floor restaurant uses and the establishment of new rooftop restaurant uses with outdoor dining on legally nonconforming hotels located within the City’s R-4 Zone, which is separately addressed by Planning Commission Resolution No. 2046.

Section 2. The hotel use was originally constructed in 1976, prior to the requirement for a CUP for hotel uses, as is considered a legally nonconforming use of the Project site. Subsequently, the hotel was granted a CUP for rooftop uses and to allow the hotel restaurant to be open to the public, along with a DPR to allow outdoor dining, pursuant to Planning Commission Resolution No. 1094. Upon appeal, the approval of the DPR and CUP was upheld by the City Council pursuant to City Council Resolution No. 99-R-10211, and the entitlements were subsequently renewed by the Planning Commission pursuant to Planning Commission Resolution Nos. 1138 and 1191. These entitlements established the operational standards for the hotel restaurant, outdoor dining area, and rooftop event space, including the size, hours, and manner of operation of the outdoor dining area; the number and frequency of events allowed on the rooftop; access and use restrictions to the hotel restaurant; the manner in which deliveries could be made to the hotel; employee and visitor parking; and the process for renewal of the entitlements.

Extensions of the DPR and CUP were granted in 2009, for three additional years, until February 25, 2012. On March 2, 2015, the Applicant submitted an application for renewal of the DPR and CUP. However, prior to the Planning Commission meeting on April 14, 2016, it was determined that the DPR and CUP were not eligible for renewal and the Applicant was directed to submit applications for new entitlements for the Project. On May 2, 2016, the Planning Commission adopted Resolution No. 1772 granting a new CUP, DPR, and Extended Hours Permit for the hotel DocuSign Envelope ID: 99E08AE6-143B-4090-924B-ADCB56D9E2E5 3 restaurant to be open to the public, outdoor dining area, and operation of the hotel restaurant, outdoor dining area, and rooftop during extended hours with modified conditions of approval regulating the hotel’s operations and establishing a penalty schedule for violations. On May 17, 2016, the City Council ordered review of the Planning Commission’s decision at a de novo public hearing. On June 6, 2016, the City Council reviewed the application and adopted Resolution No. 16-R-13080 approving the entitlements with modified conditions of approval. Pursuant to Condition No. 29 of Resolution No. 16-R-13080. Subsequent to the City Council’s approval, the Planning Commission has approved renewals to the entitlements on July 13, 2017 (Resolution No. 1814), January 23, 2020 (Resolution No. 1906), and January 26, 2023 (Resolution No. 2015). On February 6, 2023, the Applicant filed timely applications to renew and amend the associated CUP, DPR, and EHP, and paid all necessary fees.

Section 3. The Project includes a request for renewal and amendments to a CUP to allow the existing hotel restaurant to be open to the public while facilitating conversion of the existing 990 SF rotunda assembly room to expand hotel restaurant kitchen facilities, bar and dining floor area, the enlargement of the ground floor outdoor dining area by 137 SF to allow for additional occupancy, and the operation of a new restaurant use through the conversion of an existing rooftop storage room into kitchen facilities, along with 1,960 SF of new outdoor dining and bar area on the rooftop of the hotel; renewal and amendments of a DPR to allow for continued ground floor outdoor dining with minor increase in the size of the existing area, new rooftop outdoor dining areas associated with the new restaurant rooftop operation, along with a determination that ground floor and rooftop outdoor dining is served by existing parking supply; and renewal and amendment of an EHP to allow the hotel ground floor and new rooftop restaurant uses and associated outdoor dining areas, and rooftop event space to operate during extended hours DocuSign Envelope ID: 99E08AE6-143B-4090-924B-ADCB56D9E2E5 4 in a Commercial-Residential Transition Area. These entitlements were previously granted pursuant to City Council Resolution No. 16-R-13080 and most recently renewed by Planning Commission Resolution No. 2015.

Section 4. This Project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.), and the environmental regulations of the City. The Project qualifies for a Class 1 Categorical Exemption (Existing Facilities) in accordance with the requirements of Section 15301 of the State CEQA Guidelines. This exemption is applicable to permitting or minor alteration of existing structures involving negligible or no expansion of use. Therefore, the Planning Commission finds the Project exempt from further review under CEQA.

Section 5. Notice of the Project and public hearing was mailed on October 6, 2023 to all property owners and residential occupants within a 500-foot radius of the property, extended to the block face. An on-site posted notice was displayed on the property beginning on October 6, 2023. A notice was published in two newspapers of local circulation, the Beverly Hills Courier and the Beverly Hills Weekly, on October 6, 2023 and October 12, 2023, respectively. On October 26, 2023 and December 14, 2023, the Planning Commission considered the application at duly noticed public hearings. Evidence, both oral and written, was presented at said hearings.

Section 6. In considering the request for the renewal and amendments of the Conditional Use Permit, pursuant to Sections 10-3-1207.C and 10-3-3800 of the BHMC, the Planning Commission considered whether it could make the following findings in support of the Project:

DocuSign Envelope ID: 99E08AE6-143B-4090-924B-ADCB56D9E2E5 5 1. The proposed location of any such use will not be detrimental to adjacent property or to the public welfare.

2. The restaurant will not have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to the accumulation of garbage, trash, or other waste.

3. The restaurant will not have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to noise created by the operation of the restaurant or by employees or visitors entering or exiting the restaurant.

4. The restaurant will not have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to light and glare.

5. The restaurant will not have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to odors or noxious fumes.

6. The restaurant will not have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to parking demand created by the restaurant, including parking demand created by employees.

7. The restaurant will not have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to traffic.

Section 7. Based on the foregoing, the Planning Commission hereby finds and determines as follows with respect to the renewal and amendments of the Conditional Use Permit:

1. The improvements on the ground floor are in keeping with outdoor dining uses that have been in place at the project site since 1999, when approvals were issued by the City Council to allow for a private dining room to be converted to a restaurant use that DocuSign Envelope ID: 99E08AE6-143B-4090-924B-ADCB56D9E2E5 6 is open to the public, with outdoor dining established abutting Burton Way. The new ground floor outdoor dining area would maintain a similar appearance to the currently approved configuration, with landscaping and site walls that screen the area from view to the street. The proposed rooftop improvements included in the CUP request consist of the operation of a new rooftop restaurant with outdoor dining on the rooftop of the existing hotel. The requested CUP would allow for a new rooftop restaurant and outdoor dining opportunity that would repurpose an existing rooftop area on the southwest corner of the hotel. The existing area currently operates as an outdoor lounge that is used by persons staying at the hotel and their guests, with existing speakers that emit low-volume amplified music. The proposal would only repurpose an existing outdoor area already used for commercial occupancy by improving the area with landscaping and decking material to accommodate outdoor dining. Currently, food service is already provided to hotel guests utilizing the rooftop pool and lounge areas, with food prepared from the existing ground floor restaurant to delivered to rooftop occupants. The new rooftop kitchen will provide for easier and more convenient service to hotel guests on the rooftop and to customers of the new rooftop restaurant. Conditions that are currently in place that regulate the existing restaurant and rooftop special event uses would continue to be in place, with similar conditions imposed on the new rooftop restaurant and rooftop outdoor dining use from detrimental impacts. As conditioned, the proposed location of any such use will not be detrimental to adjacent property or to the public welfare.

2. As conditioned, the applicant will be required to continue to maintain the project site and neighboring public right-of-way areas in a clean and sanitary condition.

The hotel continues to be served by an existing on-site trash compactor and trash storage DocuSign Envelope ID: 99E08AE6-143B-4090-924B-ADCB56D9E2E5 7 areas, completely enclosed in the subterranean garage. Additionally, conditions requiring the applicant provide for the pickup of trash and debris generated by the hotel on the north and south sides of Burton Way, between Foothill Road and Elm Drive, will continue to ensure existing and proposed restaurant operations do not have negative impacts on neighboring properties and those within the vicinity of the project site. Therefore, as conditioned, the restaurant not have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to the accumulation of garbage, trash, or other waste.

3. The new rooftop restaurant uses are in keeping with existing restaurant uses currently operating at the project site. The existing area currently operates as an outdoor lounge area for use by persons staying at the hotel and their guests, with existing speakers that emit low-volume amplified music. Overall, the proposed expanded restaurant uses on the ground floor and on the rooftop area would occupy existing areas already used for commercial hotel activities. Conditions that are currently in place to protect neighboring residential uses from noise impacts would continue to remain in place with this project and would be further augmented to apply to the proposed rooftop restaurant and associated outdoor dining areas. Access to the hotel by employees is provided through the existing hotel’s front lobby and through elevators within the basement garage where employees park. Visitors frequenting the restaurant would valet their vehicle in front of the hotel along Burton Way and enter the hotel from the main lobby. Once at the lobby, visitors would check from inside the lobby to the existing restaurant, or, if frequenting the new rooftop restaurant operation, would access the elevators from the main lobby after checking in with the front desk. A noise assessment was prepared to determine if the expansion of the DocuSign Envelope ID: 99E08AE6-143B-4090-924B-ADCB56D9E2E5 8 existing ground floor restaurant and operation of a new rooftop restaurant with outdoor dining would have negative impacts to neighboring residential properties with respect to noise. Based on existing ground floor and rooftop uses, the noise assessment determined the enlarged ground floor restaurant uses along with the new rooftop restaurant and rooftop dining use would not have an adverse noise impact. Therefore, as conditioned, the restaurant uses will not have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to noise created by the operation of the restaurant or by employees or visitors entering or exiting the restaurant.

4. The existing restaurant and adjacent outdoor dining area are located on the ground floor and are fully enclosed and separated from neighboring residential properties by walls, landscaping, and a courtyard. New improvements on the ground floor include the installation of additional landscaping and walls to further screen the outdoor dining area from public view as part of the proposed expansion. The proposed new rooftop restaurant’s outdoor dining area is designed with landscape planters along the perimeter abutting the rooftops parapet to provide a buffer being the proposed use and the building’s edge. No lighting will be directed toward the neighboring properties for either ground floor or rooftop uses. The hotel’s restaurant uses at the ground floor and the rooftop do not include the use of reflective surfaces that could potentially cause glare. Therefore, as conditioned, operation of the hotels existing and new rooftop restaurant area with outdoor dining during extended hours will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of light and glare.

5. The existing restaurant on the ground floor of the hotel has indoor cooking facilities. The project includes the expansion of existing kitchen and back of house areas DocuSign Envelope ID: 99E08AE6-143B-4090-924B-ADCB56D9E2E5 9 through the conversion of existing indoor public assembly areas, as well as improvements to existing mechanical and ventilation systems on the rooftop of the rotunda building. The proposed new rooftop restaurant would convert existing enclosed storage rooms on the rooftop of the hotel for use as a kitchen and food preparation areas to provide service to patrons of the new rooftop restaurant and hotel guests utilizing the rooftop pool area. The new rooftop kitchen area would also be improved with new mechanical and ventilation systems to capture and filter odors and noxious fumes from affecting neighboring properties in the vicinity of the project site. Neither the ground floor restaurant nor the new rooftop restaurant would perform food preparation or cooking outdoors. As such, both the improvements to the existing restaurant on the ground floor and the new rooftop restaurant use will not have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to odors or noxious fumes.

6. Prior and recent parking analyses have determined that the hotel has adequate parking for the proposed uses, and can accommodate the required parking demand through the use of valet parking. Based on existing hotel and hotel rooftop operations, as well as expanded restaurant operations on the ground floor and new restaurant operations on the hotel’s rooftop area, the peak parking demand projected for the project site and all uses is 88 parking spaces. The project site maintains a total of 129 valet-operated parking spaces on-site, with conditions that required free parking to be provided to restaurant guests (ground floor and rooftop) and employees of the hotel. The projected peak parking demand with all existing and proposed uses in operation result in a surplus of 41 parking spaces available to meet any fluctuations in parking demand. There are project conditions requiring that free parking be provided to restaurant patrons and DocuSign Envelope ID: 99E08AE6-143B-4090-924B-ADCB56D9E2E5 10 employees encourages those that to travel to the project in a personal vehicle to use hotel’s existing parking facilities rather than utilizing existing on-street parking. Furthermore, to assist in further reducing negative effects on traffic volumes and congestion on streets, conditions have been imposed that restrict events from occurring at the ground floor and rooftop restaurants and the hotel rooftop concurrently. Additionally, operational conditions include limitations on the number of restaurant and rooftop events allowed at the hotel to ensure that any potential increase in parking demand could be accommodated by existing parking supply at all times. Therefore, as conditioned, the ground floor and rooftop restaurants will not have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to parking demand created by the restaurant, including parking demand created by employees.

7. As detailed in CUP finding No. 6 above, and because the Project is located along a major arterial street that can accommodate any potential increases in traffic flow for the continued use of the hotel restaurant and rooftop area, the proposed extended hours operation for the restaurant, outdoor dining, and rooftop special events area would not have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to traffic.

Section 8. In considering the request for the renewal and amendments of the Development Plan Review, pursuant to Section 10-3-3104 of the BHMC, the Planning Commission considered whether it could make the following findings in support of the Project:

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

DocuSign Envelope ID: 99E08AE6-143B-4090-924B-ADCB56D9E2E5 11 2. The proposed plan will not adversely affect existing and anticipated development in the vicinity and will promote harmonious development of the area.

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

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

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

Section 9. Based on the foregoing, the Planning Commission hereby finds and determines as follows with respect to the renewal and amendments of the Development Plan Review:

1. The renewal and amendment of the existing DPR to allow for the continued operation of the existing restaurant’s outdoor dining area and the establishment of new rooftop restaurant with outdoor dining within an existing high-end luxury hotel is consistent with several goals and policies of the City’s General Plan. The General Plan encourages accommodation of hotel and restaurant uses that attract customers from the region and provide a quality experience for national and international tourists. (Policy LU

9.1) The General Plan also encourages retention and improvement of priority businesses, including high-end hotels. (Policy LU 15.2; Policy ES 1.4) Other policies in the General Plan call for maintaining compatible relationships between commercial uses and adjoining residential neighborhoods, limiting hours of commercial and entertainment operations DocuSign Envelope ID: 99E08AE6-143B-4090-924B-ADCB56D9E2E5 12 adjacent to residential neighborhoods, and limiting hours of truck deliveries to commercial uses abutting residential neighborhoods. (Policies LU 12, LU 12.1, N 1.3, and N 1.4) Recognizing the need to balance retention of high-end hotels with the desire to maintain compatibility of uses and minimize noise impacts to residential uses, conditions have been imposed that limit the operations of the open air dining area, and mechanisms have been developed to enable efficient enforcement of all conditions of approval. Therefore, as conditioned, granting the renewal and amendments to the DRP is consistent with the General Plan. Further, the subject property is not located within any specific plans.

2. The requested renewal and amendments to the DPR allow additional outdoor dining opportunities for hotel guests and the general public within an existing long established hotel use at the project site. On the ground floor, the proposal would improve an existing outdoor dining area on the ground floor with new landscaping, site walls, and privacy features to accommodate a minor expansion in outdoor dining and additional seating to service an existing restaurant use. On the rooftop, the DPR would allow for the establishment of new outdoor dining associated with a new rooftop restaurant operation.

The new restaurant use expands on existing dining uses already established at the project site and provides new dining options within the city. Conditions currently in place that regulate the operation of the existing ground floor restaurant, includes restrictions on hours of operation, adherence to noise regulations, and events, will also be applicable to the new rooftop restaurant and rooftop outdoor dining use to ensure that the new rooftop use will not have adverse impacts to adjacent properties. All outdoor dining will be located on private property and not within the public right-of-way, maintaining existing sidewalks and parkways free and clear for pedestrian use to not adversely affect existing development in DocuSign Envelope ID: 99E08AE6-143B-4090-924B-ADCB56D9E2E5 13 the vicinity of the project site and to promote harmonious development of the area.

Furthermore, the physical improvements or proposed uses would not impact anticipated development in the vicinity of the project site, as there are currently no active development projects in close proximity to the hotel. As such, the proposed plan would not adversely affect existing and anticipated development in the vicinity and will promote harmonious development of the area.

3. The requested renewal and amendments to the DPR would allow for the continued use of the existing restaurant’s ground floor outdoor dining area with physical improvements to allow for a minor increase in area and seating opportunities would not significantly alter existing operations. The improvements on the ground floor are in keeping with outdoor dining uses that have been in place at the project site since 1999.

While a minor increase in outdoor area is proposed through the reconfiguration of existing site walls in the courtyard abutting the sidewalk along Burton Way, the new ground floor outdoor dining area would appear similar to what exists now, with landscaping and site walls that screen the area from view to the street. The requested DPR to allow for new rooftop outdoor dining opportunity associated with a new restaurant use would repurpose an existing rooftop area on the southwest corner of the hotel. The existing area currently operates as an outdoor lounge area for use by persons staying at the hotel and their guests, with existing speakers that emit low-volume amplified music. The proposal would only repurpose an existing outdoor area already used for commercial occupancy by improving the area with landscaping and decking material to accommodate the outdoor dining.

Additionally, an existing rooftop storage room would be modified for use as the rooftop restaurant’s kitchen with an attached open air cabana that would provide food service to DocuSign Envelope ID: 99E08AE6-143B-4090-924B-ADCB56D9E2E5 14 hotel guests and the public. Currently, food service is already provided to hotel guests utilizing the rooftop pool and lounge areas, with food prepared from the existing ground floor restaurant to delivered to rooftop occupants. The new rooftop kitchen will provide for easier and more convenient service to hotel guests on the rooftop and to customers of the new rooftop restaurant. Overall, the proposed outdoor dining uses on the ground floor and rooftop area would occupy existing areas already used for commercial hotel activities.

Neither use proposes additional density or floor area, as the both uses seek to only repurpose existing areas in the hotel. No structures that would increase the height of the existing building, both at the ground floor or on the rooftop would be built. Additionally, conditions that are currently in place to protect neighboring residential uses would remain in place with this project and would be further augmented to apply to the proposed rooftop restaurant and associated outdoor dining areas. The conditions seek to promote the harmonious operation of the existing and proposed hotel and restaurant uses adjacent to residential properties in the vicinity of the project site. Conditions include restrictions on the hours of operation of the open air dining area, prohibition on live entertainment, and prohibiting queuing of patrons outside. The project will also not result in any increases in the number of hotel rooms or hotel capacity. As such, the proposed nature, configuration, location, density, height and manner of operation of any commercial development proposed by the project will not significantly and adversely interfere with the use and enjoyment of residential properties in the vicinity of the subject property, as conditioned.

4. The proposed project that includes ground floor and rooftop outdoor dining areas would not materially alter the existing commercial use of the property. The project site is developed with an existing 119-room hotel that includes restaurant uses with outdoor DocuSign Envelope ID: 99E08AE6-143B-4090-924B-ADCB56D9E2E5 15 dining that is open to the public, as well as established rooftop uses of the at the hotel. The hotel’s rooftop is currently improved with outdoor pool and guest lounge areas on the western half of the rooftop, with the eastern side used for rooftop special event uses throughout the year. The proposal seeks to repurpose existing areas public assembly areas on the ground floor to expand existing restaurant dining and kitchen back of house areas, along with a minor expansion of outdoor dining by repurposing areas within the existing courtyard. The rooftop improvements would repurpose a portion of an existing storage room for use as a new restaurant kitchen area, with existing hotel guest lounge area on the rooftop repurposed to provide an outdoor dining area. The existing and proposed uses would continue to be served by existing parking supply provided within a valet-operated subterranean parking garage for 129 vehicles. The hotel provides curb-side valet pick-up and drop-off adjacent to the hotel along Burton Way. The existing operation would continue to operate as it does currently, as conditioned, which have not previously resulted in reported concern regarding traffic impacts, traffic safety hazards, pedestrian-vehicle conflicts, or pedestrian safety hazards. Prior and recent parking analyses have determined that the hotel has adequate parking for the proposed uses, and can accommodate the required parking demand through the use of valet parking. Based on existing hotel and hotel rooftop operations, as well as expanded restaurant operations on the ground floor and new restaurant operations on the hotel’s rooftop area, the peak parking demand projected for the project site and all uses is 88 parking spaces. The projected peak parking demand with all existing and proposed uses in operation results in a surplus of 41 parking spaces available for fluctuations in parking demand. Free parking would be provided to restaurant patrons and employees to encourage those that do travel to the project in a personal vehicle DocuSign Envelope ID: 99E08AE6-143B-4090-924B-ADCB56D9E2E5 16 to use hotel’s existing parking facilities rather than utilizing existing on-street parking. A traffic and parking plan is also required to be submitted in connection with any rooftop function involving more than 25 attendees who are not hotel guests. This condition would further ensure that the project does not have a substantial and adverse traffic impacts, as all parking is required to be provided for on-site and not dependent of available street parking in residential zones. Therefore, as conditioned, the proposed project will not create any significantly adverse traffic impacts, traffic safety hazards, pedestrian-vehicle conflicts, or pedestrian safety hazards.

5. The DPR renewal and amendments include the carryover of existing conditions that currently regulate existing hotel, ground floor restaurant, and hotel rooftop special events, along with new and amended conditions to regulate the proposed ground floor restaurant expansion and new rooftop restaurant use with rooftop outdoor dining.

Existing and new conditions limit the hours of operation for restaurant and rooftop uses, prohibit live entertainments, require free parking to be made available to restaurant patrons and employees to alleviate concerns with the availability of on-street parking for neighboring residential uses, and restrict events from happening concurrently in the ground floor restaurant, existing rooftop special event area, and in the new rooftop hotel and outdoor dining area. These conditions, along with additional project conditions that regulate overall hotel operations, incorporate measures to minimize noise and operational impacts associated with the existing and proposed outdoor dining uses, given the project site’s proximity to residential uses. Therefore, as conditioned, project will not be detrimental to the public health, safety or general welfare.

DocuSign Envelope ID: 99E08AE6-143B-4090-924B-ADCB56D9E2E5 17 Section 10. In considering the requested waiver of required parking for the existing restaurant’s outdoor dining area and the new rooftop restaurant’s outdoor dining area, pursuant to Section 10-3-2730.B(8) of the BHMC, the Planning Commission considered whether it could make the following finding in support of the Project:

1. The parking demand will be met by means other than those means specified in Section 10-3-2730 B(8) of the Beverly Hills Municipal Code.

Section 11. Based on the foregoing, the Planning Commission hereby finds and determines as follows with respect to the waiver of parking for the restaurant’s outdoor dining area:

1. The project includes the continued operation of an existing ground floor restaurant with outdoor dining that is open to the public, a 137 SF expansion in the existing ground floor outdoor dining area from 722 SF to 859 SF with additional seating, and the establishment of 1,960 SF of outdoor dining and bar areas associated with the operation of a new rooftop restaurant. The proposed ground floor outdoor dining expansion and new rooftop outdoor dining area on the rooftop of the hotel generate the requirement to provide seven (7) additional parking spaces on the project site pursuant to BHMC §10-3-2730 B(8).

In consideration of the original CUP and DPR that was issued 1999, the City Council approved a restaurant use with outdoor dining to be open to the public (Resolution No 99- R-10211) and previously determined that the project site had adequate parking for the existing hotel and restaurant uses, which were able to be accommodated with the existing 129 parking spaces existing at the project site and through the use of a valet parking operation. To evaluate the proposed ground floor outdoor dining expansion and new DocuSign Envelope ID: 99E08AE6-143B-4090-924B-ADCB56D9E2E5 18 rooftop restaurant’s outdoor dining area, a new parking demand analysis was prepared to assess the existing and projected parking demand of all current and proposed uses. The analysis concluded that the demand generated by existing hotel, restaurant, and rooftop uses is 81 parking spaces during the peak parking demand periods (July and August), resulting in a net surplus of 48 parking spaces. When the proposed ground floor outdoor dining expansion and new rooftop outdoor dining areas are factored into existing operations, these existing and proposed uses are projected to result in a peak parking demand of 88 spaces within the same peak period. While the new and expanded outdoor dining uses increase the net parking demand by seven (7) parking spaces, the project site is still projected to maintain a surplus of 41 available parking spaces during peak periods.

This parking demand projection takes into consideration other modes of travel, which include the use of ride-share services, along with standard means in which persons travel in their own vehicle. Additionally, the study factors in shared uses in which a person staying at the hotel will also make use of existing restaurant uses, reducing vehicles trips and parking demand. Previously approved conditions requiring free parking for employees of the hotel and restaurant patrons, as well as restrictions on the concurrent use of the ground floor restaurant for banquets or similar private reception and hotel rooftop, along with the number of allowable events, continue to be in effect. Additionally, these conditions have been further expanded to also apply to the new rooftop restaurant and rooftop outdoor dining area to further reduce potential parking impacts in the vicinity of the project site. Therefore, based on the parking demand analysis prepared for the project, the open air dining areas will generate a need for parking different than the amount of parking required by BHMC §10-3-2730 B(8), and the parking demand for the increased DocuSign Envelope ID: 99E08AE6-143B-4090-924B-ADCB56D9E2E5 19 ground floor outdoor dining area and new rooftop outdoor dining areas can be met by the existing on-site parking supply and through the use of valet parking.

Section 12. In considering the request for the renewal and amendments of the Extended Hours Permit, pursuant to Section 10-3-1958.C of the BHMC, the Planning Commission considered whether it could make the following findings in support of the Project:

1. The extended hours operation will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of the accumulation of garbage, litter, or other waste, both on and off the subject site;

2. The extended hours operation will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of noise created by the extended hours operation or by employees or visitors entering or existing the extended hours operation;

3. The extended hours operation will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of light and glare;

4. The extended hours operation will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of odors and noxious fumes;

5. The extended hours operation will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of pedestrian queuing;

6. The extended hours operation will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of crime or peril to personal safety and security;

7. The extended hours operation will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of use of residential streets for parking which DocuSign Envelope ID: 99E08AE6-143B-4090-924B-ADCB56D9E2E5 20 is likely to cause activity associated with the subject extended hours operation to intrude substantially into a residential area;

8. The extended hours operation will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of effects on traffic volumes and congestion on local residential streets; and

9. The extended hours operation will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of cumulative impacts relating to the existing concentration of extended hours operations in the vicinity of the proposed extended hours operation.

Section 13. Based on the foregoing, the Planning Commission hereby finds and determines as follows with respect to the renewal and amendments of the Extended Hours Permit:

1. As detailed in CUP finding No. 1 in Section 8 of this resolution, the proposed extended hours operation for the restaurant, outdoor dining, and rooftop special events area will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of the accumulation of garbage, litter, or other waste, both on and off the subject site.

2. The project includes the renewal and amendments to existing EHP operations for the ground floor restaurant and outdoor dining area, as well as the existing rooftop special events area on the eastern half of the existing rooftop area. The proposed new rooftop restaurant with outdoor dining would also operate an extended hours operation that would function and be conditioned similar to the operation of the existing restaurant and outdoor dining area, with limitations on live entertainment, limited hours of operations, and restrictions on the number of events that could be hosted on the rooftop restaurant.

DocuSign Envelope ID: 99E08AE6-143B-4090-924B-ADCB56D9E2E5 21 Additionally, amplified sound on the rooftop would be regulated under the City’s noise ordinance, as the existing restaurant and rooftop uses are currently regulated under. A noise assessment was prepared to determine if the existing and proposed uses would have negative impacts to neighboring residential properties with respect to noise. Based on existing ground floor and rooftop uses, the noise assessment determined the enlarged ground floor restaurant uses along with the new rooftop restaurant and rooftop dining use would not have an adverse noise impact. Therefore, as conditioned, the extended hours operations will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of noise created by the extended hours operation or by employees or visitors entering or existing the extended hours operation.

3. As detailed in CUP finding No. 4 in Section 8 of this resolution, the proposed extended hours operation for the restaurant, outdoor dining, and rooftop special events area will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of light and glare.

4. As detailed in CUP finding No. 5 in Section 8 of this resolution, the proposed extended hours operation for the restaurant, outdoor dining, and rooftop special events area will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of odors and noxious fumes.

5. The renewal and amendments to the existing EHP to allow for the continued use of the ground floor restaurant with an outdoor dining area and rooftop special event uses, as well the new rooftop restaurant uses are not anticipated to cause pedestrian queuing issues. In order to access the existing and proposed restaurant uses and the existing hotel rooftop area, visitors are required to enter the hotel lobby to access these areas. The hotel DocuSign Envelope ID: 99E08AE6-143B-4090-924B-ADCB56D9E2E5 22 lobby is improved with seating and waiting areas in the event visitors are required to wait for a reservation. As such, all pedestrian queuing would occur inside of the hotel lobby and not block pedestrian access along the existing sidewalk along Burton Way. Therefore, as conditioned, the extended hours operation will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of pedestrian queuing.

6. Based on the review of police activity reports tied to the project address, the reports do not indicate significant evidence of crimes related to personal safety and security. Conditions have been included that establish a clear and escalating penalty structure in order to encourage compliance with conditions intended to reduce noise and parking violations that would be applicable to all existing and proposed hotel operations.

Therefore, as conditioned, the extended hours operation will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of crime or peril to personal safety and security.

7. As detailed in CUP finding No. 6 in Section 8 of this resolution, the proposed extended hours operation for the restaurant, outdoor dining, and rooftop special events area will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of use of residential streets for parking which is likely to cause activity associated with the subject extended hours operation to intrude substantially into a residential area.

8. As detailed in CUP finding No. 6 in Section 8 of this resolution, the proposed extended hours operation for the restaurant, outdoor dining, and rooftop special events area will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of effects on traffic volumes and congestion on local residential streets.

DocuSign Envelope ID: 99E08AE6-143B-4090-924B-ADCB56D9E2E5 23 9. The Project site currently operates a legally nonconforming hotel in the City’s R-4 Zone with existing ground floor restaurant uses and rooftop special events.

There are currently no other EHP issued for any other commercial uses in the adjacent neighborhood, which makes the hotel the only extended hours operation within the adjacent neighborhood. As such, there is currently not a concentration of EHP that existing in the vicinity of the project site. Additionally, conditions have been imposed that restrict the hours of operation of the ground floor and rooftop hotel restaurant uses and associated ground floor and rooftop outdoor dining areas, as well as rooftop event space. For these reasons, as conditioned, the extended hours operation will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of cumulative impacts relating to the existing concentration of extended hours operations in the vicinity of the proposed extended hours operation.

Section 14. Based on the foregoing, the Planning Commission hereby approves the requested entitlements. The following conditions include all relevant conditions of approval previously imposed on the subject site in past entitlements, and the conditions set forth in this resolution shall supersede all prior resolutions. The Project is subject to the following conditions:

Hotel Restaurant and Outdoor Dining Area

1. The outdoor dining area on the ground floor shall be limited to a maximum of ten (10) tables and twenty-six (26) chairs, and shall not exceed 859 SF. The rooftop outdoor dining area shall be limited to 50 table seats and 14 bar seats. Additionally, the rooftop bar and outdoor dining area shall not exceed a combined area of 1,960 SF.

2. The tables and chairs in the ground floor outdoor dining area shall be located in the patio area adjacent to the hotel entrance along Burton Way, as shown on the plans DocuSign Envelope ID: 99E08AE6-143B-4090-924B-ADCB56D9E2E5 24 approved by the Planning Commission on December 14, 2023, and shall not at any time be permitted to encroach into the public right-of-way.

3. No live entertainment shall be allowed in the ground floor and rooftop outdoor dining area at any time. For the ground floor restaurant, amplified sound shall be allowed to play from speakers located within restaurant’s interior dining area to be heard in the outdoor dining area, in compliance with BHMC §5-1-201. At no time may amplified sound be played from the inside of the restaurant to be heard in the outdoor dining area before 8:00 A.M. and after 10:00 P.M. daily. For the rooftop restaurant, amplified sound in the form of prerecorded music shall be allowed to play from speakers located on the rooftop outdoor dining and bar area and shall comply at all times with the City’s noise regulations in BHMC §5-1-201.

4. Rental of the entire ground floor restaurant, exclusive of the ground floor outdoor dining area, and rental of the rooftop restaurant and rooftop outdoor dining area for banquets or similar private receptions or parties shall be permitted, with a maximum of 20 events allowable per calendar year. Each event shall be limited to a maximum of 100 guests. For the purposes of the condition, a banquet or similar private reception or party shall mean any banquet, party, reception or other event during which more than half of the restaurant is closed to the public except by invitation or advanced reservation. Any valet parked vehicles associated with banquets and similar private receptions or parties shall be returned to the patron in the parking garage. Vehicles shall not be returned to patrons on Burton Way. Banquets or similar private receptions or parties shall not be held concurrently on the ground floor restaurant and on the rooftop restaurant.

DocuSign Envelope ID: 99E08AE6-143B-4090-924B-ADCB56D9E2E5 25 5. The restaurant’s ground floor outdoor dining area shall not be used or rented for banquets or similar private receptions.

6. Use or rental of the ground floor and rooftop restaurant for banquets or similar private receptions shall be prohibited at the same time an event is scheduled to occur on the hotel rooftop (located on the eastern side of the rooftop area), including events held in the rooftop restaurant and outdoor dining area. Use and rental of the ground floor and rooftop restaurant and hotel rooftop for events shall not occur simultaneously.

7. The ground floor restaurant shall not seat any patron indoors before 6:30 A.M. or after 11:00 P.M. daily. Additionally, the outdoor dining patio operations of the ground floor restaurant, including any movement of tables and chairs or the setting of dishes and silverware, shall commence no earlier than 8:00 A.M. and the restaurant shall not seat patrons in the outdoor dining area before 8:00 A.M. or after 9:00 P.M. daily. All diners shall have exited the ground floor outdoor dining area no later than 11:00 P.M. The rooftop restaurant and outdoor dining area shall not seat a patron before 8:00 A.M. or after 9:00 P.M. daily. All diners shall have exited the rooftop outdoor dining area no later than 11:00 P.M. daily. Additionally, the rooftop restaurant may provide food service to persons staying at the hotel and their guests using the adjacent rooftop pool. Use of the rooftop pool area and food service in this area is restricted only to hotel guests.

8. Hotel employees and any third parties under contract with the hotel shall be prohibited from congregating outside the hotel, and shall be prohibited, to the extent permitted by applicable labor laws, from eating, drinking, or smoking on the sidewalk, other public rights-of-way in the vicinity of the hotel, and private property in the vicinity of the hotel not owned or controlled by the hotel. Lunch trucks/catering trucks servicing DocuSign Envelope ID: 99E08AE6-143B-4090-924B-ADCB56D9E2E5 26 hotel employees shall be directed by the hotel to park only in the loading zone immediately adjacent to the hotel on Burton Way, and hotel employees shall be prohibited from patronizing any such truck that is stopped or parked on any other residential street or in the alley.

9. At the time that a reservation is accepted for dining at the ground floor or rooftop restaurants, the holder of the reservation shall be informed that valet parking is available and offered free of charge to the restaurant patrons. The holder of the reservation shall also be asked to use the valet parking as a courtesy to the residential neighbors of the hotel.

10. Off street parking shall be provided free of charge to employees. Valet parking shall be provided free of charge to patrons of the ground floor and rooftop restaurants.

11. The door immediately adjacent to the ground floor restaurant’s outdoor dining area is allowed to be used as a restaurant entry. However, the doors immediately adjacent to the ground floor outdoor dining area may be used by patrons for access to and egress from the outdoor dining area from within the hotel restaurant and outdoor dining area entry stairway. Additionally, all food service to the ground floor outdoor dining area shall occur from the doors immediately adjacent to the outdoor dining area.

12. To mitigate privacy and noise impacts from the ground floor restaurant, ground floor outdoor dining area, and stairway access to the ground floor outdoor dining area located adjacent to the main hotel entrance, the applicant shall construct and maintain a wall at least seven (7) feet high along the entire western perimeter of the outdoor dining area, and a wall at least six (6) feet high along a portion of the eastern perimeter of the DocuSign Envelope ID: 99E08AE6-143B-4090-924B-ADCB56D9E2E5 27 outdoor dining area to substantially shield the outdoor dining area from the stairway access located at the hotel’s main entrance. The applicant shall also maintain a landscape buffer between the outdoor dining area and Burton Way, satisfactory to the Director of Community Development, of sufficient height and density to substantially reduce light and noise impacts onto Burton Way and reasonably protect the quiet enjoyment of neighbors on the south side of Burton Way. The outdoor space adjacent to the hotel’s ground floor rotunda room where the outdoor dining area was located previously, shall remain unoccupied or be converted into a landscape buffer which shall at all times be off-limits to guests, employees, and patrons of the hotel, restaurant, or outdoor dining area except for emergency egress or parking garage access by hotel employees. Additionally, any new site walls constructed within the existing ground floor outdoor dining area shall comply with the applicable height and open to view requirements in BHMC §10-3-2814 or its successor statute.

13. No queuing for the restaurant or outdoor dining area shall occur outside the interior of the hotel. Whenever patrons of the restaurant or outdoor dining area cannot be immediately seated, they shall be directed to the hotel lobby or other interior hotel area to await seating. In addition, the sidewalk adjacent to the hotel shall be kept clear of obstructions, including gatherings of hotel guests or visitors, such that the sidewalk remains passable by the general public.

14. The hotel shall not accept any deliveries associated with hotel operations except during the hours of 9:00 A.M. through 6:00 P.M., Monday through Friday, 10:00 A.M. through 5:00 P.M. on Saturday, and 10:00 A.M. through 3:00 P.M. on Sunday. Hotel operations shall include deliveries associated with the operation of the hotel, restaurants, DocuSign Envelope ID: 99E08AE6-143B-4090-924B-ADCB56D9E2E5 28 and rooftop areas, including deliveries for rooftop special events, but shall not include deliveries made by third party delivery services (e.g., UberEats, Grubhub, or similar) to individuals or hotel guests.

15. The loading zone on hotel property adjacent to the alley behind the hotel shall at all times remain free of structures or other obstructions. Delivery trucks associated with hotel operations shall, whenever possible, avoid reversing and/or backing up in the alley in order to minimize noise associated with backup alarms. Delivery trucks associated with hotel operations shall be prohibited from blocking the alley, from stopping or parking in areas of the alley that provide access to neighboring properties’ parking garages or where neighboring properties’ garbage bins are located, and from stopping or parking anywhere on Foothill Road or Maple Drive. To ensure compliance with this condition, the applicant shall pay all costs associated with the installation of a sufficient number of closed circuit television (“CCTV”) cameras, on the applicant’s property to monitor all loading activities occurring in the alley 24 hours per day, 7 days per week. The applicant acknowledges and agrees that photographs or videos taken by such cameras showing violations of this condition shall constitute evidence of such violations for the purposes of Condition Nos. 25 and 26 below. Video footage from the cameras shall be retained for a minimum period of thirty (30) days, and shall be made available to City staff upon request. The Director of Community Development may impose additional conditions on loading operations and/or the location of loading to achieve the greatest level of neighborhood compatibility, but in no event shall permit hours of loading to be extended beyond those set forth in Condition No. 14 above.

DocuSign Envelope ID: 99E08AE6-143B-4090-924B-ADCB56D9E2E5 29 16. The applicant shall instruct any limousine company contracted or retained by the hotel to direct its drivers to stop or park exclusively in the loading zone on Burton Way immediately adjacent to the hotel, or on Civic Center Drive to the north of the hotel, and to not stop or park on any other street in the vicinity of the hotel, including but not limited to Foothill Road and the south side of Burton Way. The applicant shall not instruct or encourage, directly or indirectly, any driver of any taxi or limousine to stop or park anywhere other than the loading zone on Burton Way immediately adjacent to the hotel, or on Civic Center Drive, and whenever the topic arises, hotel staff shall explicitly instruct all drivers of taxis and/or limousines not park on any residential street in the vicinity of the hotel (other than Burton way immediately adjacent to the hotel), including but not limited to Foothill Road and the south side of Burton Way.

17. Hotel staff shall walk the north and south sides of Burton Way between Foothill Road and Maple Drive once each day and collect and dispose of any trash or debris that may be present on the sidewalk or parkway that was generated by hotel operations.

18. The applicant shall maintain all restaurant areas as well as the public right of way directly adjacent to the subject property in a clean and sanitary condition at all times.

Rooftop Special Events

19. Evening functions on the rooftop of the hotel, excluding events hosted at the rooftop restaurant and outdoor dining area, involving more than 25 attendees, excluding persons residing at the hotel, shall not occur more than fifty-two (52) times during any calendar year. For the purposes of this condition, “evening function” shall mean any function which does not conclude before 6:00 P.M. Only one rooftop evening function shall be allowed at a time with a maximum of 250 guests.

DocuSign Envelope ID: 99E08AE6-143B-4090-924B-ADCB56D9E2E5 30 20. Evening functions on the rooftop of the hotel shall not occur more than twice during any week (Monday through Sunday). However, the applicant may submit a request to the Director of Community Development or his/her designee (“Director) to allow one additional event, for a total of three events within a single week, one time during the months of January through March. Any additional events granted pursuant to this request shall be counted toward the maximum of fifty-two (52) events during the calendar year.

For the purposes of this condition, “evening function” shall mean any function which does not conclude before 6:00 P.M.

21. Prior to any evening function, the Applicant shall submit a traffic and parking plan for the evening function to the Director of Community Development or his/her designee (“Director”) for approval. No such function shall take place until such traffic and parking plan is approved by the Director. The Director may, without limitation, require the traffic and parking plan to address limousine parking and to include free off-site parking for employees and the provision of adequate valet parking attendants so that, in the Director’s judgment, adequate parking and valet service will be available at the site to prevent parking, traffic, and noise impacts from intruding into the adjacent neighborhood.

For the purposes of this condition, “evening function” shall mean any function which does not conclude before 6:00 P.M.

22. The Applicant shall file with the Director of Community Development or his/her designee (“Director”) on the last day of each month a written schedule of the dates and times of each evening function of 25 or more attendees, excluding persons residing at the hotel, planned for the following month. The monthly schedule of events shall also be provided to neighbors who have requested to receive the schedule. The applicant shall DocuSign Envelope ID: 99E08AE6-143B-4090-924B-ADCB56D9E2E5 31 provide the Director with a written amendment to that schedule at any time that a new function is added to the schedule or there is a change in the date or time of any originally listed function. Any such amendment shall be provided at least 48 hours before commencement of the function that is the subject of the amendment. Notwithstanding this condition, the applicant shall have the right to submit a request to the Director for an amendment to the schedule of functions less than 48 hours before commencement of the function. For the purposes of this condition, “evening function” shall mean any function which does not conclude before 6:00 P.M.

23. All rooftop events, including associated live entertainment and amplified sound, shall conclude no later than 9:00 P.M., Sundays through Thursdays, with all rooftop event attendees required to vacate the rooftop by 10:00 P.M., and shall conclude no later than 10:00 P.M., Fridays, Saturdays, and national holidays when City Hall is closed, with all rooftop attendees required to vacate the rooftop by 11:00 P.M. To facilitate timely vacation of all rooftop event attendees and minimize the potential for noise impacts outside the hotel entrance on the ground floor, the hotel shall provide the ability for rooftop event attendees to call for their vehicles from the valet at the rooftop. Any valet parked vehicles associated with a rooftop event shall be returned to the patron in the parking garage.

Vehicles shall not be returned to patrons on Burton Way. In order to ensure compliance with this condition, the applicant shall pay the full costs of hiring a site monitor to be present at each rooftop event until at least 10:00 p.m. on Sundays through Thursdays, and until at least 12:00 A.M. on Fridays, Saturdays, and national holidays when City Hall is closed. The person(s) designated as site monitor shall be a third party contractor or a DocuSign Envelope ID: 99E08AE6-143B-4090-924B-ADCB56D9E2E5 32 member of City staff, and such person(s) shall be subject to prior approval by the Director of Community Development.

24. Deliveries, setup, and/or event breakdown for any rooftop functions shall not occur except during the hours of 9:00 A.M. through 6:00 P.M., Monday through Friday, 10:00 a.m. through 5:00 p.m. on Saturday, and 10:00 A.M. through 3:00 P.M. on Sunday.

This condition shall not apply to third party deliveries that are outside of the hotel’s control to individuals or hotel guests.

25. At all times the hotel shall operate in compliance with the City’s noise ordinance. Further, all rooftop evening events, excluding events held at the rooftop restaurant and rooftop outdoor dining area, shall include the following sound monitoring procedures:
• One hour prior to the rooftop evening event, the City-designated site monitor shall establish the ambient sound level by using an industry-standard sound measuring device to measure the decibel level at the corner of North Elm Drive and Burton Way (south side), the corner of North Maple Drive and Burton Way (north side), and the corner of Foothill Road and Burton Way (north side). The site monitor shall also measure and note the decibel level at each of these locations on hourly intervals during the rooftop evening event. Any volumes that exceed 5 decibels above the established ambient level shall result in immediate decrease of sound by music controller. The first occurrence of sound exceedance shall result in a final warning to music controller and host. The second occurrence of sound exceedance shall result in immediate elimination of all live or amplified sound on the rooftop.

DocuSign Envelope ID: 99E08AE6-143B-4090-924B-ADCB56D9E2E5 33 Penalties for Violation

26. Within ten (10) days of the adoption of this resolution, the applicant shall submit to the City a cash deposit of $20,000 from which to draw financial penalties in case of any violation(s) of the conditions of approval. If and when the deposit balance reaches $10,000 or less as a result of such violation(s), the City shall notify the applicant of the remaining balance, and the applicant shall submit to the City within ten (10) business days additional funds in an amount sufficient to bring the deposit balance back to $20,000.

Failure to make a timely deposit of such additional funds shall cause the Director of Community Development to promptly schedule a hearing before the Planning Commission for revocation of the Conditional Use Permit, Development Plan Review, and Extended Hours Permit granted herein.

27. Upon verification of evidence that a violation of any condition of approval contained herein has occurred, financial penalties shall be withdrawn from the cash deposit in the following amounts for each violation within a single calendar year:
1st
Violation
2nd
Violation
3rd
Violation
4th
Violation 5th Violation
$1,000 $2,500 $5,000 $10,000
$10,000 and automatically return to
Planning Commission for review and
possible revocation. All application
fees would be required in addition to
the assessed penalty.

The applicant shall be provided a written notice of decision to withdraw the penalty charge, and shall be provided with the evidence demonstrating the occurrence of the violation, and shall have the right to appeal the decision to withdraw the penalty charge from the cash deposit to the Director of Community Development within 14 days of the issuance of the DocuSign Envelope ID: 99E08AE6-143B-4090-924B-ADCB56D9E2E5 34 City’s notice of the determination. A written notice of the Director’s decision shall be provided to the applicant, who shall have the right to appeal the decision to the Planning Commission within 14 days of the issuance of the notice of the Director’s decision. The decision of the Planning Commission shall be final, and the applicant shall have no further right to appeal. Upon verification of evidence that five (5) or more violations of any conditions of approval contained herein have occurred within a single calendar year, in addition to the financial penalties, the entitlements shall be referred to the Planning Commission for further review, and possible revocation. All costs associated with such hearing shall be fully borne by the Applicant.

28. Notwithstanding the provisions of Condition No. 27 above, the City expressly reserves all rights to undertake any and all enforcement actions within its authority should it choose to do so, and shall not be obligated to first exhaust the penalty structure as outlined in Condition Nos. 26 and 27 above.

29. Within thirty (30) days after the adoption of this resolution, the applicant shall submit to the City a deposit of $10,000 for the purpose of offsetting the costs of Code Enforcement activities associated with the Project.

General Conditions

30. This resolution approving the renewal and amendments to the CUP, DPR, EHP shall not become effective unless the associated ZTA allowing for the expansion of bar and dining area within existing ground floor hotel restaurant and the establishment of new restaurant uses with outdoor dining and bar area that is open to the public on the rooftop of an existing legally nonconforming hotel is approved by the City Council. If the Council does not approve the associated ZTA, this approval shall become null and void, at DocuSign Envelope ID: 99E08AE6-143B-4090-924B-ADCB56D9E2E5 35 which time Resolution No. 2015 shall govern until its noted expiration. The Applicant shall be required to apply for a separate renewal of the existing entitlement in the event that the ZTA is not approved and this Resolution is rendered void.

31. RECORDATION. This resolution approving this renewal of the Conditional Use Permit, Development Plan Review, and Extended Hours Permit shall not become effective until the owner of the Project site records a covenant, satisfactory in form and content to the City Attorney, accepting the conditions of approval set forth in this resolution. The covenant shall include a copy of this resolution as an exhibit. The Applicant shall deliver the executed covenant to the Department of Community Development within 180 days of the Planning Commission decision. At the time that the Applicant delivers the covenant to the City, the Applicant shall also provide the City with all fees necessary to record the document with the County Recorder. If the Applicant fails to deliver the executed covenant within the required 180 days, this resolution approving an amendment to the Planned Development shall be null and void and of no further effect.

Notwithstanding the foregoing, the Director of Community Development may, upon a written request by the Applicant, submitted prior to the expiration of the 180-day period, grant a written waiver from the 180-day time limit for a period of no more than 180 days if, at the time of the request, the Director determines that there have been no substantial changes to any federal, state or local law that would affect the Project. Regardless of the timelines set forth in this condition, in no event shall a building permit be issued prior to the recordation of the covenant.

DocuSign Envelope ID: 99E08AE6-143B-4090-924B-ADCB56D9E2E5 36 32. APPROVAL RUNS WITH LAND. The approvals and conditions set forth in this resolution shall run with the land and shall remain in force for the duration of the life of the permits.

33. EXPIRATION AND RENEWAL. The Conditional Use Permit, Development Plan Review, and Extended Hours Permit shall expire thirty-six (36) months from December 14, 2023. Upon application by the Applicant filed at least 30 days prior to the expiration of such permit, the Planning Commission may extend the Permit if the reviewing authority determines that the uses are being operated in a manner approved by the Planning Commission, are abiding by the conditions imposed by the Planning Commission, and are not creating significant adverse impacts on the surrounding neighborhood. Permits shall remain valid until such a time as a decision on a timely filed extension application is made by the Planning Commission. The Applicant shall file all necessary applications and pay all applicable fees associated with said extension requests.

Furthermore, in the event the Director of Community Development believes the hotel may not be in compliance with the Conditional Use Permit, Development Plan Review, and Extended Hours Permit provisions, the Director of Community Development or their designee, at their discretion, may require the Project be returned to the Planning Commission for further review and analysis prior to the expiration of the entitlements. The Applicant shall file all necessary applications and pay all applicable fees associated with said review.
///
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DocuSign Envelope ID: 99E08AE6-143B-4090-924B-ADCB56D9E2E5 37 Section 15. The Secretary of the Planning Commission shall certify to the passage, approval, and adoption of this resolution, and shall cause this resolution and his/her Certification to be entered in the Book of Resolutions of the Planning Commission of the City.

Adopted: December 14, 2023
Gary B. Ross
Chair of the Planning Commission of the
City of Beverly Hills
Attest:

Masa Alkire, AICP
Secretary of the Planning Commission
Approved As To Form:

David M. Snow
Assistant City Attorney
Approved As To Content:

Masa Alkire, AICP
City Planner
DocuSign Envelope ID: 99E08AE6-143B-4090-924B-ADCB56D9E2E5

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.

CITY OF BEVERLY HILLS )
I, KAREN MYRON, Recording Secretary of the Planning Commission of the City of Beverly Hills, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. 2047 duly passed, approved and adopted by the Planning Commission of said City at a meeting of said Commission on December 14, 2023, and thereafter duly signed by the Secretary of the Planning Commission, as indicated; and that the Planning Commission of the City consists of five (5) members and said Resolution was passed by the following vote of said Commission, to wit:

AYES: Commissioners Wolfe, Demeter, Ostroff, Vice Chair Kaplan, Chair Ross NOES: None
ABSTAIN: None
ABSENT: None
________________________________

KAREN MYRON
Recording Secretary of the
Planning Commission
City of Beverly Hills, California
DocuSign Envelope ID: 99E08AE6-143B-4090-924B-ADCB56D9E2E5 Certificate Of Completion
Envelope Id: 99E08AE6143B4090924BADCB56D9E2E5 Status: Completed Subject: Please DocuSign: PC Reso 2047 - 9291 Burton Way CUP, DPR, EHP.pdf Source Envelope:

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455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
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Karen Myron
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COMM DEV COMMISSION SPECIALIST,

CD-PLANNING
City of Beverly Hills
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ATTACHMENT 6
Planning Commission Resolution
No. 2015
RESOLUTION NO. 2015

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF BEVERLY HILLS CONDITIONALLY APPROVING

RENEWAL OF A CONDITIONAL USE PERMIT TO ALLOW A

DINING FACILITY IN A NONCONFORMING HOTEL TO BE

OPEN TO THE PUBLIC, A DEVELOPMENT PLAN REVIEW

TO ALLOW AN OPEN AIR DINING AREA SERVED BY

EXISTING PARKING SUPPLY AND VALET OPERATIONS,

AND AN EXTENDED HOURS PERMIT TO ALLOW A

NONCONFORMING HOTEL RESTAURANT, OPEN AIR

DINING AREA, AND ROOFTOP USE TO OPERATE DURING
EXTENDED HOURS AT 9291 BURTON WAY (L’ERMITAGE
HOTEL) (PL2100422)
The Planning Commission of the City of Beverly Hills hereby finds, resolves and determines as follows:

Section 1. Spencer Kallick, on behalf of the property owner, LBVH Hotel LLC (collectively the “Applicant”), has submitted an application for renewal of a previously approved Conditional Use Permit (CUP) to allow a dining facility in a nonconforming hotel to be open to the public; renewal of a previously approved Development Plan Review (DPR) to establish an open air dining area on a nonconforming hotel site that would be served by existing parking supply; and renewal of a previously approved Extended Hours Permit to allow a nonconforming hotel restaurant, open air dining area, and rooftop to operate during extended hours at 9291 Burton Way for the L’Ermitage Hotel (the “Project”).

Section 2. The hotel use was originally constructed in 1976, prior to the requirement for a CUP for hotel uses, as is considered a legally nonconforming use of the Project site. Subsequently, the hotel was granted a CUP for rooftop uses and to allow the hotel restaurant to be open to the public, along with a DPR to allow open air dining, pursuant to Planning Commission Resolution No. 1094. Upon appeal, the approval of the DPR and CUP was upheld by DocuSign Envelope ID: 03E83692-E6E3-46F7-89F9-7C9B3501124C 2 the City Council pursuant to City Council Resolution No. 99-R-10211, and the entitlements were subsequently renewed by the Planning Commission pursuant to Planning Commission Resolution Nos. 1138 and 1191. These entitlements established the operational standards for the hotel restaurant, open air dining area, and rooftop event space, including the size, hours, and manner of operation of the open air dining area; the number and frequency of events allowed on the rooftop; access and use restrictions to the hotel restaurant; the manner in which deliveries could be made to the hotel; employee and visitor parking; and the process for renewal of the entitlements.

Extensions of the DPR and CUP were granted in 2009, for three additional years, until February 25, 2012. On March 2, 2015, the Applicant submitted an application for renewal of the DPR and CUP. However, prior to the Planning Commission meeting on April 14, 2016, it was determined that the DPR and CUP were not eligible for renewal and the Applicant was directed to submit applications for new entitlements for the Project. On May 2, 2016, the Planning Commission adopted Resolution No. 1772 granting a new CUP, DPR, and Extended Hours Permit for the hotel restaurant to be open to the public, open air dining area, and operation of the hotel restaurant, open air dining area, and rooftop during extended hours with modified conditions of approval regulating the hotel’s operations and establishing a penalty schedule for violations. On May 17, 2016, the City Council ordered review of the Planning Commission’s decision at a de novo public hearing.

On June 6, 2016, the City Council reviewed the application and adopted Resolution No. 16-R13080 approving the entitlements with modified conditions of approval. Pursuant to Condition No. 29 of Resolution No. 16-R-13080. Subsequent to the City Council’s approval, the Planning Commission has approved renewals to the entitlements on July 13, 2017 (Resolution No. 1814) and January 23, 2020 (Resolution No. 1906).

DocuSign Envelope ID: 03E83692-E6E3-46F7-89F9-7C9B3501124C 3 The applicant filed timely applications to renew the associated CUP, DPR, and Extended Hours Permits on December 17, 2021, and paid all necessary fees. On January 26, 2023, the Planning Commission considered the applications for renewal at a duly noticed public hearing.

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

Section 3. The Project site area consists of 31,200 square feet, and is currently developed with an eight-story hotel with 119 guestrooms, a lounge and restaurant in the lobby, an open air dining area, and a rooftop pool and event space. The Project site is located along Burton Way, a major east-west thoroughfare with primarily one- and two-story residential development along the south side, and higher density multi-family residential development along the north side.

The Project site is abutted by a three-story multi-family residential building to the west and a recently constructed five-story condominium building to the east. To the north is a commercial area consisting of former industrial sites that have over time developed into a cluster of corporate offices for media/entertainment companies. The Project site is separated from this commercial area by a two-way alley that connects Maple Drive and Foothill Road. The alley provides pedestrian and vehicular access to the rear of the buildings along Burton Way.

Section 4. The Project includes a request for renewal of a Conditional Use Permit to allow the hotel restaurant to be open to the public; renewal of a Development Plan Review to allowing an open air dining area served by existing parking supply; and renewal of an Extended Hours Permit to allow the hotel restaurant, open air dining area, and rooftop event space to operate during extended hours in a Commercial-Residential Transition Area. These entitlements were previously granted pursuant to City Council Resolution No. 16-R-13080 and renewed by Planning Commission Resolution No. 1906. In addition to the request to allow the hotel restaurant to be open to the public, this Project includes an open air dining area located along Burton Way, DocuSign Envelope ID: 03E83692-E6E3-46F7-89F9-7C9B3501124C 4 with a direct stairway entrance located immediately adjacent to the existing hotel entrance. The open air dining area would contain a maximum of 7 tables and 20 chairs, which is the same amount as was previously approved. There is also a request to allow the open air dining area to continue utilizing the existing parking supply on site, and waive the requirement for 14 additional parking spaces that would otherwise be required for 618 square feet of open air dining on private property.

Section 5. This Project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.), and the environmental regulations of the City. The Project qualifies for a Class 1 Categorical Exemption (Existing Facilities) in accordance with the requirements of Section 15301 of the State CEQA Guidelines. This exemption is applicable to permitting or minor alteration of existing structures involving negligible or no expansion of use. The Project consists of renewing entitlements that would govern the operations of a commercial hotel with restaurant and rooftop uses, and maintaining previously approved alterations to the front patio that established an open air dining area of the same capacity as was previously existing and approved.

The use of the hotel, restaurant, open air dining area, and rooftop area would remain substantially the same as what was previously approved and has been in operation. Therefore, the Planning Commission finds the Project exempt from further review under CEQA.

Section 6. Notice of the Project and public hearing was mailed on January 6, 2023 to all property owners and residential occupants within a 500-foot radius of the property, extended to the block face. An on-site posted notice was displayed on the property beginning on January 6, 2023. A notice was published in two newspapers of local circulation, the Beverly Hills Courier and the Beverly Hills Weekly, on January 6, 2023 and January 12, 2023, respectively. On DocuSign Envelope ID: 03E83692-E6E3-46F7-89F9-7C9B3501124C 5 January 26, 2023, the Planning Commission considered the application at a duly noticed public hearing. Evidence, both oral and written, was presented at said hearing.

Section 7. In considering the request for the renewal of the Conditional Use Permit, pursuant to Sections 10-3-1207.C and 10-3-3800 of the BHMC, the Planning Commission considered whether it could make the following findings in support of the Project:

1. The proposed location of any such use will not be detrimental to adjacent property or to the public welfare.

2. The restaurant will not have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to the accumulation of garbage, trash, or other waste.

3. The restaurant will not have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to noise created by the operation of the restaurant or by employees or visitors entering or exiting the restaurant.

4. The restaurant will not have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to light and glare.

5. The restaurant will not have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to odors or noxious fumes.

6. The restaurant will not have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to parking demand created by the restaurant, including parking demand created by employees.

7. The restaurant will not have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to traffic.

DocuSign Envelope ID: 03E83692-E6E3-46F7-89F9-7C9B3501124C 6 Section 8. Based on the foregoing, the Planning Commission hereby finds and determines as follows with respect to the renewal of the Conditional Use Permit:

1. Granting the Conditional Use Permit and establishing the conditions of approval to allow for the restaurant and rooftop to be open to the public will result in hotel operations that are substantially similar to previously approved hotel operations, with clear and enforceable conditions and penalties for violations. As conditioned, the Project will not result in any significantly adverse traffic impacts, traffic safety hazards, pedestrianvehicle conflicts or pedestrian safety hazards nor will the Project, as conditioned, have a significant parking impact. The open air dining area will maintain the previously approved maximum of seven tables and 20 chairs, and will not encroach into the public right of way.

Conditions of approval intended to prevent any impacts related to noise are included and consist of limiting the hours of operation for the restaurant, outdoor dining area, and roof top uses, prohibiting amplified sound and live entertainment in the outdoor dining area, restricting noise on the rooftop to not exceed five decibels above the ambient sound level.

The hotel has sufficient parking available within the on-site subterranean parking garage, and valet operations, as well as entry to the hotel, are provided from Burton Way.

Conditions of approval relating to the frequency and hours of rooftop and restaurant activities have been included to prevent impacts associated with concurrent events occurring from each space at the same time. Therefore, as conditioned, granting the Conditional Use Permit will not be detrimental to adjacent property or the public welfare.

2. As conditioned, the applicant is required to maintain the subject area in a clean and sanitary condition. There is an on-site trash compactor and trash storage areas, completely enclosed in the subterranean garage. For these reasons, as conditioned, the DocuSign Envelope ID: 03E83692-E6E3-46F7-89F9-7C9B3501124C 7 restaurant not have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to the accumulation of garbage, trash, or other waste.

3. The hotel restaurant faces Burton Way and is completely enclosed. As conditioned, banquets or similar private receptions will be permissible, but shall be restricted to the interior of the restaurant area. The open air dining area is located in a screened and landscaped courtyard fronting Burton Way and is conditioned to cease the operation of the open air dining area at 10:30 P.M. Neither live entertainment nor amplified music will be allowed at any time in the open air dining area. Furthermore, use of the open air dining area for banquets or similar private receptions occurring within the restaurant will be prohibited to prevent potential noise impacts. Similarly, the use of the restaurant for banquets or similar private receptions shall be limited to a maximum of 20 time per calendar year. For these reasons, as conditioned, the restaurant and rooftop area will not have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to noise created by the operation of the restaurant or by employees or visitors entering or exiting the restaurant.

4. The restaurant is located on the ground floor, is fully enclosed, and is separated from neighboring residential properties by walls and a courtyard. The rooftop event area is located on the east side of the hotel building, and no lighting will be directed toward the residential property to the east. For these reasons, as conditioned, the restaurant and rooftop area will not have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to light and glare.

5. The restaurant kitchen is located inside the hotel, and food preparation will not be performed outdoors. Approval of the Project will not alter the current venting of the DocuSign Envelope ID: 03E83692-E6E3-46F7-89F9-7C9B3501124C 8 kitchen and the City has received no evidence that the restaurant or rooftop currently create any odors or noxious fumes. For these reasons, the restaurant and rooftop area will not have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to odors or noxious fumes.

6. Prior parking analyses have determined that the hotel has adequate parking for the proposed uses, and can accommodate the required parking demand through the use of valet parking. Conditions have been imposed that restricts events from occurring at the restaurant and the hotel rooftop concurrently and require free parking for employees of the hotel to avoid the potential for employee parking to impact on-street parking in the vicinity of the Project. In order to further reduce the potential for parking impacts, conditions have been imposed requiring the hotel to provide free valet parking for restaurant patrons.

However, because it is impossible to require patrons of the restaurant to use valet parking, and because such patrons may impact the adjacent residential neighborhoods by using available street parking in the area, the Project has been further conditioned to prohibit the use of the hotel rooftop for more than two evening functions per week that involve more than 25 attendees other than hotel guests. Additionally, no more than 52 such functions are permitted during any calendar year on the hotel rooftop and nor more than 20 events are permitted within the restaurant. This condition will ensure that the potential increase in parking impacts to the neighboring residential streets generated by opening the restaurant to the public is counterbalanced with limitations placed upon other potential parking impacts from the hotel’s existing operation. A traffic and parking plan is also required to be submitted in connection with any rooftop function involving more than 25 attendees who are not hotel guests. This condition will further ensure that the Project will not have a DocuSign Envelope ID: 03E83692-E6E3-46F7-89F9-7C9B3501124C 9 substantial and adverse impact on neighboring properties due to the occurrence of other events at the hotel that might place a strain on available parking and valet resources to be used by the Project. For these reasons, as conditioned, the restaurant and rooftop area will not have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to parking demand created by the restaurant, including parking demand created by employees.

7. The Project will maintain the same number of tables and chairs in the open air dining area as previously approved. As conditioned, no additional events on the rooftop are allowed per calendar year beyond what was previously approved. Thus, approval of the Project does not constitute any intensification of the past uses of the restaurant and rooftop.

Additionally, the Project is located on Burton Way, which is a major arterial street that can accommodate any potential increases in traffic flow for the continued use of the hotel restaurant and rooftop area. For these reasons, as conditioned, the restaurant and rooftop area will not have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to traffic.

Section 9. In considering the request for the renewal of the Development Plan Review, pursuant to Section 10-3-3104 of the BHMC, the Planning Commission considered whether it could make the following findings in support of the Project:

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

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

DocuSign Envelope ID: 03E83692-E6E3-46F7-89F9-7C9B3501124C 10 3. The nature, configuration, location, density, height and manner of operation of any commercial development proposed by the plan will not significantly and adversely interfere with the use and enjoyment of residential properties in the vicinity of the subject property.

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

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

Section 10. Based on the foregoing, the Planning Commission hereby finds and determines as follows with respect to the renewal of the Development Plan Review:

1. The General Plan encourages accommodation of hotel uses that attract customers from the region and provide a quality experience for national and international uses. (Policy LU 9.1) The General Plan also encourages retention and improvement of priority businesses, including high-end hotels. (Policy LU 15.2; Policy ES 1.4) Other policies in the General Plan call for maintaining compatible relationships between commercial uses and adjoining residential neighborhoods, limiting hours of commercial and entertainment operations adjacent to residential neighborhoods, and limiting hours of truck deliveries to commercial uses abutting residential neighborhoods. (Policies LU 12, LU 12.1, N 1.3, and N 1.4) Recognizing the need to balance retention of high-end hotels with the desire to maintain compatibility of uses and minimize noise impacts to residential uses, conditions have been imposed that limit the operations of the open air dining area, and mechanisms have been developed to enable efficient enforcement of all conditions of approval. For these reasons, as conditioned, granting the Development Plan Review to DocuSign Envelope ID: 03E83692-E6E3-46F7-89F9-7C9B3501124C 11 allow operation of the open air dining area is consistent with the General Plan. Further, the subject property is not located within any specific plans.

2. Granting the Development Plan Review to allow operation of the open air dining area will not result in an increase in traffic or parking demand beyond what has occurred for the current operation of the hotel. The number of tables and chairs will not increase beyond what has been previously approved, and the open air dining area is approximately 50 feet away from the neighboring residential property to the west.

Conditions have been imposed that limit the operations of the open air dining area. For these reasons, as conditioned, granting the Development Plan Review to allow operation of the open air dining area will not adversely affect existing and anticipated development in the vicinity and will promote harmonious development of the area.

3. Granting the Development Plan Review to allow operation of the open air dining area will not materially alter the nature, density, or height of the Project. The open air dining area is located approximately 50 feet away from the neighboring residential building to the west, and will reduce the likelihood of noise impacts. Conditions have been imposed in order to mitigate any other potential impacts to neighboring residential properties, including but not limited to restrictions on the hours of operation of the open air dining area, prohibiting live entertainment and amplified music, and prohibiting queuing of patrons outside. The Project will also not result in any increase in height, or any increase in hotel rooms or hotel capacity. For these reasons, as conditioned, the nature, configuration, location, density, height and manner of operation of the open air dining area will not significantly and adversely interfere with the use and enjoyment of residential properties in the vicinity of the subject property.

DocuSign Envelope ID: 03E83692-E6E3-46F7-89F9-7C9B3501124C 12 4. Prior parking analyses have determined that the hotel has adequate parking for the proposed uses, and can accommodate the required parking demand through the use of valet parking. Conditions have been imposed that restricts events from occurring at the restaurant and the hotel rooftop concurrently and require free parking for employees of the hotel to avoid the potential for employee parking to impact on-street parking in the vicinity of the Project. In order to further reduce the potential for parking impacts, conditions have been imposed requiring the hotel to provide free valet parking for restaurant patrons.

However, because it is impossible to require patrons of the restaurant to use valet parking, and because such patrons may impact the adjacent residential neighborhoods by using available street parking in the area, the Project has been further conditioned to prohibit the use of the hotel rooftop for more than two evening functions per week that involve more than 25 attendees other than hotel guests. Additionally, no more than 52 such functions are permitted during any calendar year on the hotel rooftop and no more than 20 events are permitted within the restaurant. This condition will ensure that the potential increase in parking impacts to the neighboring residential streets generated by opening the restaurant to the public is counterbalanced with limitations placed upon other potential parking impacts from the hotel’s existing operation. A traffic and parking plan is also required to be submitted in connection with any rooftop function involving more than 25 attendees who are not hotel guests. This condition will further ensure that the Project will not have a substantial and adverse impact on neighboring properties due to the occurrence of other events at the hotel that might place a strain on available parking and valet resources to be used by the Project. The Project will maintain the same number of tables and chairs in the open air dining area as was previously approved and has existed since first authorized in DocuSign Envelope ID: 03E83692-E6E3-46F7-89F9-7C9B3501124C 13 1999 under City Council Resolution No. 99-R-10211. As conditioned, no additional events on the rooftop are allowed per calendar year beyond what was previously approved. Thus, approval of the Project does not constitute any intensification of the past uses of the restaurant and rooftop. Additionally, the Project is located on Burton Way, which is a major arterial street that can accommodate any potential increases in traffic flow for the continued use of the hotel restaurant and rooftop area. For these reasons, as conditioned, granting the Development Plan Review to allow operation of the open air dining area will not result in significantly adverse traffic impacts, traffic safety hazards, pedestrian-vehicle conflicts, or pedestrian safety hazards.

Section 11. In considering the request to renew previous approvals to waive the required parking for the existing restaurant’s open air dining area, pursuant to Section 10-3- 2730.B(8) of the BHMC, the Planning Commission considered whether it could make the following finding in support of the Project:

1. The parking demand will be met by means other than those means specified in Section 10-3-2730 B(8) of the Beverly Hills Municipal Code.

Section 12. Based on the foregoing, the Planning Commission hereby finds and determines as follows with respect to the waiver of parking for the existing restaurant’s open air dining area:

1. Section 10-3-2730.B.8 of the Beverly Hills Municipal Code establishes that parking for open air dining on private property shall be provided as required for indoor dining areas. For this Project site, there is a total of approximately 1,863 square feet of indoor bar and dining area, with an adjacent outdoor dining area of approximately 618 SF DocuSign Envelope ID: 03E83692-E6E3-46F7-89F9-7C9B3501124C 14 along Burton Way. Thus, the Project is subject to a parking requirement of one space per 350 square feet of restaurant and outdoor dining area. The interior bar and dining areas of the hotel are considered legally nonconforming with regard to parking, and there has not been an intensification of those uses that would require any additional parking. Of the total bar and dining area, the open air dining area that is the subject of these entitlements represents approximately 618 SF, resulting in a parking requirement of 2 spaces. These 2 spaces are subject to the request to determine that parking can be met by on-site supply and valet operations. Past parking analyses have determined that the hotel has adequate parking for the proposed uses, and can accommodate the required parking demand through the use of valet parking. Conditions have been imposed that require free parking for employees of the hotel to avoid the potential for employee parking to impact on-street parking in the vicinity of the Project. In order to further reduce the potential for parking impacts, conditions have been imposed requiring the hotel to provide free valet parking for restaurant patrons. Additionally, a condition has been imposed that restricts the concurrent use of the restaurant for banquets or similar private reception and the rooftop for events.

Such events shall not be allowed to occur at the same time. However, because it is impossible to require patrons of the restaurant to use valet parking, and because such patrons may impact the adjacent residential neighborhoods by using available street parking in the area, the Project has been further conditioned to prohibit the use of the hotel rooftop for more than two evening functions per week that involve more than 25 attendees other than hotel guests. Additionally, no more than 52 such functions are permitted during any calendar year for the use of the rooftop for events and no more than 20 banquets or similar private receptions may occur within the restaurant. This condition will ensure that DocuSign Envelope ID: 03E83692-E6E3-46F7-89F9-7C9B3501124C 15 the potential increase in parking impacts to the neighboring residential streets generated by opening the restaurant to the public is counterbalanced with limitations placed upon other potential parking impacts from the hotel’s existing operation. A traffic and parking plan is also required to be submitted in connection with any rooftop function involving more than 25 attendees who are not hotel guests. This condition will further ensure that the Project will not have a substantial adverse impact on neighboring properties due to the occurrence of other events at the hotel that might place a strain on available parking and valet resources to be used by the Project. For these reasons, as conditioned, the parking demand for the open air dining area can be met by the existing parking supply on-site and through the use of valet parking, and no additional parking is required.

Section 13. In considering the request for the renewal of the Extended Hours Permit, pursuant to Section 10-3-1958.C of the BHMC, the Planning Commission considered whether it could make the following findings in support of the Project:

1. The extended hours operation will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of the accumulation of garbage, litter, or other waste, both on and off the subject site;

2. The extended hours operation will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of noise created by the extended hours operation or by employees or visitors entering or existing the extended hours operation;

3. The extended hours operation will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of light and glare;

4. The extended hours operation will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of odors and noxious fumes; DocuSign Envelope ID: 03E83692-E6E3-46F7-89F9-7C9B3501124C 16 5. The extended hours operation will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of pedestrian queuing;

6. The extended hours operation will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of crime or peril to personal safety and security;

7. The extended hours operation will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of use of residential streets for parking which is likely to cause activity associated with the subject extended hours operation to intrude substantially into a residential area;

8. The extended hours operation will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of effects on traffic volumes and congestion on local residential streets; and

9. The extended hours operation will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of cumulative impacts relating to the existing concentration of extended hours operations in the vicinity of the proposed extended hours operation.

Section 14. Based on the foregoing, the Planning Commission hereby finds and determines as follows with respect to the renewal of the Extended Hours Permit:

1. As conditioned, the applicant is required to maintain the subject area in a clean and sanitary condition, including the pick-up of trash and debris generated by hotel operations on the north and south side of Burton Way, between Foothill Road and North Maple Drive. There is an on-site trash compactor and trash storage areas, completely enclosed in the subterranean garage. For these reasons, as conditioned, operation of the DocuSign Envelope ID: 03E83692-E6E3-46F7-89F9-7C9B3501124C 17 hotel during extended hours will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of the accumulation of garbage, trash, or other waste, on or off the Project site.

2. The hotel restaurant faces Burton way and is completely enclosed. As conditioned, banquets or similar private receptions will be permissible, but shall be restricted to the interior of the restaurant area. The open air dining area is located in a screened and landscaped courtyard fronting Burton Way and is conditioned to cease the operation of the open air dining area at 10:30 P.M. Both live entertainment and amplified music will be prohibited at all times in the open air dining area. The existing stairway access to the open air dining area is located on private property directly adjacent to the main hotel entrance, and conditions have been imposed to prohibit patrons from queuing outside. As conditioned, evening functions on the rooftop are limited to twice per week unless authorized by the Director of Community Development, and such functions are limited to a total of 52 per calendar year. As conditioned, all rooftop functions will cease by 10:00 P.M., with all guests vacating the rooftop by 11:00 P.M., every day of the week.

For these reasons, as conditioned, operation of the hotel during extended hours will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of noise created by the extended hours operation or by employees or visitors entering or existing the hotel.

3. The restaurant is located on the ground floor, is fully enclosed, and is separated from neighboring residential properties by walls and a courtyard. The rooftop event space is located on the east side of the hotel building, and is screened from the properties to the west by the elevator shaft, mechanical enclosures, and pool cabanas. No DocuSign Envelope ID: 03E83692-E6E3-46F7-89F9-7C9B3501124C 18 lighting will be directed toward the neighboring properties. The hotel restaurant, open air dining area, and rooftop event space do not include the use of reflective surfaces that could potentially cause glare. For these reasons, as conditioned, operation of the hotel during extended hours will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of light and glare.

4. The restaurant kitchen is located inside the hotel, and cooking will not be performed outdoors. Approval of the Project will not alter the current venting of the kitchen and the City has received no evidence that the restaurant or rooftop currently create any odors or noxious fumes. For these reasons, hotel operations during extended hours will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of odors and noxious fumes.

5. The hotel restaurant faces Burton Way and is completely enclosed. As conditioned, banquets or similar private receptions will be permissible, but shall be restricted to the interior of the restaurant area. The open air dining area is located in a screened and landscaped courtyard fronting Burton Way and the open air dining area is conditioned to cease operations at 10:30 P.M. Neither live entertainment nor amplified music is permitted at any time in the open air dining area. The existing stairway access to the open air dining area is located on private property directly adjacent to the main hotel entrance, and conditions have been imposed to prohibit patrons from queuing outside. As conditioned, evening functions on the rooftop are limited to twice per week unless authorized by the Director of Community Development, and such functions are limited to a total of 52 per calendar year. As conditioned, all rooftop functions will cease by 10:00 P.M., with all guests vacating the rooftop by 11:00 P.M., every day of the week. These DocuSign Envelope ID: 03E83692-E6E3-46F7-89F9-7C9B3501124C 19 conditions will limit the number of events at the hotel, and would ensure that any potential queuing would be limited to earlier evening hours to minimize potential noise or other impacts. For these reasons, as conditioned, the extended hours operation will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of pedestrian queuing.

6. The Project will operate in a manner that is substantially the same as was previously approved. Police activity reports do not indicate significant evidence of crimes related to personal safety and security. Conditions have been included that establish a clear and escalating penalty structure in order to encourage compliance with conditions intended to reduce noise and parking violations. For these reasons, as conditioned, the extended hours operation will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of crime or peril to personal safety and security.

7. The Project will maintain the same maximum number of tables and chairs in the open air dining area as previously approved. As conditioned, no additional events on the rooftop are allowed per calendar year beyond what was previously approved. Thus, approval of the Project does not constitute any intensification of the past uses of the restaurant and rooftop. Additionally, the Project is located on Burton Way, which is a major arterial street that can accommodate any incremental increases in traffic flow for the continued use of the hotel restaurant and rooftop area. For these reasons, as conditioned the extended hours operation will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of use of residential streets for parking which is likely to cause activity associated with the subject extended hours operation to intrude substantially into a residential area.

DocuSign Envelope ID: 03E83692-E6E3-46F7-89F9-7C9B3501124C 20 8. Prior parking analyses have determined that the hotel has adequate parking for the proposed uses, and can accommodate the required parking demand through the use of valet parking. Conditions have been imposed that restricts events from occurring at the restaurant and the hotel rooftop concurrently and require free parking for employees of the hotel to avoid the potential for employee parking to impact on-street parking in the vicinity of the Project. In order to further reduce the potential for parking impacts, conditions have been imposed requiring the hotel to provide free valet parking for restaurant patrons.

However, because it is infeasible to require patrons of the restaurant to use valet parking, and because such patrons may impact the adjacent residential neighborhoods by using available street parking in the area, the Project has been further conditioned to prohibit the use of the hotel rooftop for more than two evening functions per week that involve more than 25 attendees other than hotel guests. Additionally, no more than 52 such functions are permitted during any calendar year on the hotel rooftop and no more than 20 events are permitted within the restaurant. This condition will ensure that the potential increase in parking impacts to the neighboring residential streets generated by opening the restaurant to the public is counterbalanced with limitations placed upon other potential parking impacts from the hotel’s existing operation. A traffic and parking plan is also required to be submitted in connection with any rooftop function involving more than 25 attendees who are not hotel guests. This condition will further ensure that the Project will not have a substantial and adverse impact on neighboring properties due to the occurrence of other events at the hotel that might place a strain on available parking and valet resources to be used by the Project. For these reasons, as conditioned, the extended hours operation will DocuSign Envelope ID: 03E83692-E6E3-46F7-89F9-7C9B3501124C 21 not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of effects on traffic volumes and congestion on local residential streets.

9. The Project site is a legally nonconforming hotel in an R-4 Multi-Family zone. There are no other Extended Hours Permits issued for any other commercial buildings in the adjacent neighborhood, which makes the hotel the only extended hours operation within the adjacent neighborhood. Additionally, conditions have been imposed that restrict the hours of operation of the hotel restaurant, open air dining area, and rooftop event space. Restrictions have also been imposed prohibiting pedestrian queueing on the Burton Way sidewalk. For these reasons, as conditioned, the extended hours operation will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of cumulative impacts relating to the existing concentration of extended hours operations in the vicinity of the proposed extended hours operation.

Section 15. Based on the foregoing, the Planning Commission hereby approves the requested entitlements. The following conditions include all relevant conditions of approval previously imposed on the subject site in past entitlements, and the conditions set forth in this resolution shall supersede all prior resolutions. The Project is subject to the following conditions:

Hotel Restaurant and Open Air Dining Area

1. The open air dining area shall be limited to a maximum of seven (7) tables and twenty (20) chairs.

2. The tables and chairs in the open air dining area shall be located in the patio area adjacent to the hotel entrance along Burton Way, as shown on the plans approved by the Planning Commission, and shall not at any time be permitted to encroach into the public right-of-way.

DocuSign Envelope ID: 03E83692-E6E3-46F7-89F9-7C9B3501124C 22 3. No live entertainment or amplified sound shall be allowed in the open air dining area at any time.

4. Rental of the entire restaurant, exclusive of the open air dining area, for banquets or similar private receptions or parties shall be permitted, with a maximum of 20 events allowable per calendar year. Each event shall be limited to a maximum of 100 guests. For the purposes of the condition, a banquet or similar private reception or party shall mean any banquet, party, reception or other event during which more than half of the restaurant is closed to the public except by invitation or advanced reservation. Any valet parked vehicles associated with banquets and similar private receptions or parties shall be returned to the patron in the parking garage. Vehicles shall not be returned to patrons on Burton Way.

5. The restaurant’s existing open air dining area shall not be used or rented for banquets or similar private receptions.

6. Use or rental of the restaurant for banquets or similar private reception shall be prohibited at the same time an event is scheduled to occur on the hotel rooftop. Use and rental of the restaurant and hotel rooftop for events shall not occur simultaneously.

7. The restaurant shall not seat any patron indoors before 6:30 A.M. or after 11:00 P.M. daily. Additionally, the open air dining patio operations of the restaurant, including any movement of tables and chairs or the setting of dishes and silverware, shall commence no earlier than 8:00 A.M. and the restaurant shall not seat patrons in the open air dining area before 8:00 A.M. or after 9:00 P.M. daily. All diners shall have exited the outdoor dining area no later than 10:30 P.M.

DocuSign Envelope ID: 03E83692-E6E3-46F7-89F9-7C9B3501124C 23 8. Hotel employees and any third parties under contract with the hotel shall be prohibited from congregating outside the hotel, and shall be prohibited, to the extent permitted by applicable labor laws, from eating, drinking, or smoking on the sidewalk, other public rights-of-way in the vicinity of the hotel, and private property in the vicinity of the hotel not owned or controlled by the hotel. Lunch trucks/catering trucks servicing hotel employees shall be directed by the hotel to park only in the loading zone immediately adjacent to the hotel on Burton Way, and hotel employees shall be prohibited from patronizing any such truck that is stopped or parked on any other residential street or in the alley.

9. At the time that a reservation is accepted for dining at the restaurant, the holder of the reservation shall be informed that valet parking is available and offered free of charge to the restaurant patrons. The holder of the reservation shall also be asked to use the valet parking as a courtesy to the residential neighbors of the hotel.

10. Off street parking shall be provided free of charge to employees. Valet parking shall be provided free of charge to patrons of the restaurant.

11. The door immediately adjacent to the open air dining area is allowed to be used as a restaurant entry. However, the doors immediately adjacent to the open air dining area may be used by patrons for access to and egress from the open air dining area from within the hotel restaurant and open air dining area entry stairway, but shall not be held, propped, or otherwise kept open. Additionally, all food service to the open air dining area shall occur from the doors immediately adjacent to the open air dining area.

12. To mitigate privacy and noise impacts from the restaurant, open air dining area, and stairway access to the open air dining area located adjacent to the main hotel DocuSign Envelope ID: 03E83692-E6E3-46F7-89F9-7C9B3501124C 24 entrance, the applicant shall construct and maintain a wall at least seven (7) feet high along the entire western perimeter of the open air dining area, and a wall at least six (6) feet high along a portion of the eastern perimeter of the open air dining area to substantially shield the open air dining area from the stairway access located at the hotel’s main entrance. The applicant shall also maintain a landscape buffer between the open air dining area and Burton Way, satisfactory to the Director of Community Development, of sufficient height and density to substantially reduce light and noise impacts onto Burton Way and reasonably protect the quiet enjoyment of neighbors on the south side of Burton Way. The outdoor space adjacent to the hotel’s ground floor rotunda room where the open air dining area was located previously, shall remain unoccupied or be converted into a landscape buffer which shall at all times be off-limits to guests, employees, and patrons of the hotel, restaurant, or open air dining area except for emergency egress or parking garage access by hotel employees.

13. No queuing for the restaurant or outdoor dining area shall occur outside the interior of the hotel. Whenever patrons of the restaurant or outdoor dining area cannot be immediately seated, they shall be directed to the hotel lobby or other interior hotel area to await seating. In addition, the sidewalk adjacent to the hotel shall be kept clear of obstructions, including gatherings of hotel guests or visitors, such that the sidewalk remains passable by the general public.

14. The hotel shall not accept any deliveries except during the hours of 9:00 A.M. through 6:00 P.M., Monday through Friday, 10:00 A.M. through 5:00 P.M. on Saturday, and 10:00 A.M. through 3:00 P.M. on Sunday.

DocuSign Envelope ID: 03E83692-E6E3-46F7-89F9-7C9B3501124C 25 15. The loading zone on hotel property adjacent to the alley behind the hotel shall at all times remain free of structures or other obstructions. Delivery trucks shall, whenever possible, avoid reversing and/or backing up in the alley in order to minimize noise associated with backup alarms. Delivery trucks shall be prohibited from blocking the alley, from stopping or parking in areas of the alley that provide access to neighboring properties’ parking garages or where neighboring properties’ garbage bins are located, and from stopping or parking anywhere on Foothill Road or Maple Drive. To ensure compliance with this condition, the applicant shall pay all costs associated with the installation of a sufficient number of closed circuit television (“CCTV”) cameras, on the applicant’s property to monitor all loading activities occurring in the alley 24 hours per day, 7 days per week. The applicant acknowledges and agrees that photographs or videos taken by such cameras showing violations of this condition shall constitute evidence of such violations for the purposes of Condition Nos. 25 and 26 below. Video footage from the cameras shall be retained for a minimum period of thirty (30) days, and shall be made available to City staff upon request. The Director of Community Development may impose additional conditions on loading operations and/or the location of loading to achieve the greatest level of neighborhood compatibility, but in no event shall permit hours of loading to be extended beyond those set forth in Condition No. 14 above.

16. The applicant shall instruct any limousine company contracted or retained by the hotel to direct its drivers to stop or park exclusively in the loading zone on Burton Way immediately adjacent to the hotel, or on Civic Center Drive to the north of the hotel, and to not stop or park on any other street in the vicinity of the hotel, including but not limited to Foothill Road and the south side of Burton Way. The applicant shall not instruct DocuSign Envelope ID: 03E83692-E6E3-46F7-89F9-7C9B3501124C 26 or encourage, directly or indirectly, any driver of any taxi or limousine to stop or park anywhere other than the loading zone on Burton Way immediately adjacent to the hotel, or on Civic Center Drive, and whenever the topic arises, hotel staff shall explicitly instruct all drivers of taxis and/or limousines not park on any residential street in the vicinity of the hotel (other than Burton way immediately adjacent to the hotel), including but not limited to Foothill Road and the south side of Burton Way.

17. Hotel staff shall walk the north and south sides of Burton Way between Foothill Road and Maple Drive once each day and collect and dispose of any trash or debris that may be present on the sidewalk or parkway that was generated by hotel operations.

18. The applicant shall maintain all restaurant areas as well as the public right of way directly adjacent to the subject property in a clean and sanitary condition at all times.

Rooftop Events

19. Evening functions on the rooftop of the hotel involving more than 25 attendees, excluding persons residing at the hotel, shall not occur more than fifty-two (52) times during any calendar year. For the purposes of this condition, “evening function” shall mean any function which does not conclude before 6:00 P.M. Only one rooftop evening function shall be allowed at a time with a maximum of 250 guests.

20. Evening functions on the rooftop of the hotel shall not occur more than twice during any week (Monday through Sunday). However, the applicant may submit a request to the Director of Community Development or his/her designee (“Director) to allow one additional event, for a total of three events within a single week, one time during the months of January through March. Any additional events granted pursuant to this request shall be counted toward the maximum of fifty-two (52) events during the calendar year.

DocuSign Envelope ID: 03E83692-E6E3-46F7-89F9-7C9B3501124C 27 For the purposes of this condition, “evening function” shall mean any function which does not conclude before 6:00 P.M.

21. Prior to any evening function, the Applicant shall submit a traffic and parking plan for the evening function to the Director of Community Development or his/her designee (“Director”) for approval. No such function shall take place until such traffic and parking plan is approved by the Director. The Director may, without limitation, require the traffic and parking plan to address limousine parking and to include free off-site parking for employees and the provision of adequate valet parking attendants so that, in the Director’s judgment, adequate parking and valet service will be available at the site to prevent parking, traffic, and noise impacts from intruding into the adjacent neighborhood.

For the purposes of this condition, “evening function” shall mean any function which does not conclude before 6:00 P.M.

22. The Applicant shall file with the Director of Community Development or his/her designee (“Director”) on the last day of each month a written schedule of the dates and times of each evening function of 25 or more attendees, excluding persons residing at the hotel, planned for the following month. The monthly schedule of events shall also be provided to neighbors who have requested to receive the schedule. The applicant shall provide the Director with a written amendment to that schedule at any time that a new function is added to the schedule or there is a change in the date or time of any originally listed function. Any such amendment shall be provided at least 48 hours before commencement of the function that is the subject of the amendment. Notwithstanding this condition, the applicant shall have the right to submit a request to the Director for an amendment to the schedule of functions less than 48 hours before commencement of the DocuSign Envelope ID: 03E83692-E6E3-46F7-89F9-7C9B3501124C 28 function. For the purposes of this condition, “evening function” shall mean any function which does not conclude before 6:00 P.M.

23. All rooftop events, including associated live entertainment and amplified sound, shall conclude no later than 9:00 P.M., Sundays through Thursdays, with all rooftop event attendees required to vacate the rooftop by 10:00 P.M., and shall conclude no later than 10:00 P.M., Fridays, Saturdays, and national holidays when City Hall is closed, with all rooftop attendees required to vacate the rooftop by 11:00 P.M. To facilitate timely vacation of all rooftop event attendees and minimize the potential for noise impacts outside the hotel entrance on the ground floor, the hotel shall provide the ability for rooftop event attendees to call for their vehicles from the valet at the rooftop. Any valet parked vehicles associated with a rooftop event shall be returned to the patron in the parking garage.

Vehicles shall not be returned to patrons on Burton Way. In order to ensure compliance with this condition, the applicant shall pay the full costs of hiring a site monitor to be present at each rooftop event until at least 10:00 p.m. on Sundays through Thursdays, and until at least 12:00 A.M. on Fridays, Saturdays, and national holidays when City Hall is closed. The person(s) designated as site monitor shall be a third party contractor or a member of City staff, and such person(s) shall be subject to prior approval by the Director of Community Development.

24. Deliveries, setup, and/or event breakdown for any rooftop functions shall not occur except during the hours of 9:00 A.M. through 6:00 P.M., Monday through Friday, 10:00 a.m. through 5:00 p.m. on Saturday, and 10:00 A.M. through 3:00 P.M. on Sunday.

DocuSign Envelope ID: 03E83692-E6E3-46F7-89F9-7C9B3501124C 29 25. At all times the hotel shall operate in compliance with the City’s noise ordinance. Further, all rooftop evening events shall include the following sound monitoring procedures:
• One hour prior to the rooftop evening event, the City-designated site monitor shall establish the ambient sound level by using an industry-standard sound measuring device to measure the decibel level at the corner of North Elm Drive and Burton Way (south side), the corner of North Maple Drive and Burton Way (north side), and the corner of Foothill Road and Burton Way (north side). The site monitor shall also measure and note the decibel level at each of these locations on hourly intervals during the rooftop evening event. Any volumes that exceed 5 decibels above the established ambient level shall result in immediate decrease of sound by music controller. The first occurrence of sound exceedance shall result in a final warning to music controller and host. The second occurrence of sound exceedance shall result in immediate elimination of all live or amplified sound on the rooftop.

Penalties for Violation

26. Within ten (10) days of the adoption of this resolution, the applicant shall submit to the City a cash deposit of $20,000 from which to draw financial penalties in case of any violation(s) of the conditions of approval. If and when the deposit balance reaches $10,000 or less as a result of such violation(s), the City shall notify the applicant of the remaining balance, and the applicant shall submit to the City within ten (10) business days additional funds in an amount sufficient to bring the deposit balance back to $20,000.

Failure to make a timely deposit of such additional funds shall cause the Director of DocuSign Envelope ID: 03E83692-E6E3-46F7-89F9-7C9B3501124C 30 Community Development to promptly schedule a hearing before the Planning Commission for revocation of the Conditional Use Permit, Development Plan Review, and Extended Hours Permit granted herein.

27. Upon verification of evidence that a violation of any condition of approval contained herein has occurred, financial penalties shall be withdrawn from the cash deposit in the following amounts for each violation within a single calendar year:
1 st
Violation
2 nd
Violation
3 rd
Violation
4 th
Violation 5
th Violation
$1,000 $2,500 $5,000 $10,000
$10,000 and automatically return to
Planning Commission for review and
possible revocation. All application
fees would be required in addition to
the assessed penalty.

The applicant shall be provided a written notice of decision to withdraw the penalty charge, and shall be provided with the evidence demonstrating the occurrence of the violation, and shall have the right to appeal the decision to withdraw the penalty charge from the cash deposit to the Director of Community Development within 14 days of the issuance of the City’s notice of the determination. A written notice of the Director’s decision shall be provided to the applicant, who shall have the right to appeal the decision to the Planning Commission within 14 days of the issuance of the notice of the Director’s decision. The decision of the Planning Commission shall be final, and the applicant shall have no further right to appeal. Upon verification of evidence that five (5) or more violations of any conditions of approval contained herein have occurred within a single calendar year, in addition to the financial penalties, the entitlements shall be referred to the Planning DocuSign Envelope ID: 03E83692-E6E3-46F7-89F9-7C9B3501124C 31 Commission for further review, and possible revocation. All costs associated with such hearing shall be fully borne by the Applicant.

28. Notwithstanding the provisions of Condition No. 27 above, the City expressly reserves all rights to undertake any and all enforcement actions within its authority should it choose to do so, and shall not be obligated to first exhaust the penalty structure as outlined in Condition Nos. 26 and 27 above.

29. Within thirty (30) days after the adoption of this resolution, the applicant shall submit to the City a deposit of $10,000 for the purpose of offsetting the costs of Code Enforcement activities associated with the Project.

30. RECORDATION. This resolution approving this renewal of the Conditional Use Permit, Development Plan Review, and Extended Hours Permit shall not become effective until the owner of the Project site records a covenant, satisfactory in form and content to the City Attorney, accepting the conditions of approval set forth in this resolution. The covenant shall include a copy of this resolution as an exhibit. The Applicant shall deliver the executed covenant to the Department of Community Development within 180 days of the Planning Commission decision. At the time that the Applicant delivers the covenant to the City, the Applicant shall also provide the City with all fees necessary to record the document with the County Recorder. If the Applicant fails to deliver the executed covenant within the required 180 days, this resolution approving an amendment to the Planned Development shall be null and void and of no further effect.

Notwithstanding the foregoing, the Director of Community Development may, upon a written request by the Applicant, submitted prior to the expiration of the 180-day period, grant a written waiver from the 180-day time limit for a period of no more than 180 days DocuSign Envelope ID: 03E83692-E6E3-46F7-89F9-7C9B3501124C 32 if, at the time of the request, the Director determines that there have been no substantial changes to any federal, state or local law that would affect the Project. Regardless of the timelines set forth in this condition, in no event shall a building permit be issued prior to the recordation of the covenant.

31. APPROVAL RUNS WITH LAND. The approvals and conditions set forth in this resolution shall run with the land and shall remain in force for the duration of the life of the permits.

32. EXPIRATION AND RENEWAL. The Conditional Use Permit, Development Plan Review, and Extended Hours Permit shall expire thirty-six (36) months from January 23, 2022, the expiration date of Resolution No. 1906. Upon application by the Applicant filed at least 30 days prior to the expiration of such permit, the Planning Commission may extend the Permit if the reviewing authority determines that the uses are being operated in a manner approved by the Planning Commission, are abiding by the conditions imposed by the Planning Commission, and are not creating significant adverse impacts on the surrounding neighborhood. Permits shall remain valid until such a time as a decision on a timely filed extension application is made by the Planning Commission.

The Applicant shall file all necessary applications and pay all applicable fees associated with said extension requests. Furthermore, in the event the Director of Community Development believes the hotel may not be in compliance with the Conditional Use Permit, Development Plan Review, and Extended Hours Permit provisions, the Director of Community Development or their designee, at their discretion, may require the Project be returned to the Planning Commission for further review and analysis prior to the expiration DocuSign Envelope ID: 03E83692-E6E3-46F7-89F9-7C9B3501124C 33 of the entitlements. The Applicant shall file all necessary applications and pay all applicable fees associated with said review.

Section 16. The Secretary of the Planning Commission shall certify to the passage, approval, and adoption of this resolution, and shall cause this resolution and his/her Certification to be entered in the Book of Resolutions of the Planning Commission of the City.

Adopted: January 26, 2023
Myra Demeter, Ph.D.

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

Masa Alkire, AICP
Secretary of the Planning Commission
Approved As To Form:

David M. Snow
Assistant City Attorney
Approved As To Content:

Masa Alkire, AICP
City Planner
Community Development Department
DocuSign Envelope ID: 03E83692-E6E3-46F7-89F9-7C9B3501124C

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.

CITY OF BEVERLY HILLS )
I, KAREN MYRON, Recording Secretary of the Planning Commission of the City of Beverly Hills, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. 2015 duly passed, approved and adopted by the Planning Commission of said City at a meeting of said Commission on January 26, 2023, and thereafter duly signed by the Secretary of the Planning Commission, as indicated; and that the Planning Commission of the City consists of five (5) members and said Resolution was passed by the following vote of said Commission, to wit:

AYES: Commissioners Wolfe, Kaplan, Ostroff, Vice Chair Ross, Chair Demeter NOES: None
ABSTAIN: None
ABSENT: None
________________________________

KAREN MYRON
Recording Secretary of the
Planning Commission
City of Beverly Hills, California
DocuSign Envelope ID: 03E83692-E6E3-46F7-89F9-7C9B3501124C Certificate Of Completion
Envelope Id: 03E83692E6E346F789F97C9B3501124C Status: Completed Subject: Please DocuSign: PC Reso 2015 - 9291 Burton Way.pdf Source Envelope:

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Certificate Pages: 2 Initials: 0 Karen Myron
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455 N. Rexford Drive
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COMM DEV COMMISSION SPECIALIST,

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City of Beverly Hills
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ATTACHMENT 7
Redlined Zone Text Amendment
Language
10-3-1207: DINING IN NONCONFORMING HOTELS:

Subject to the following restrictions, restaurants or dining rooms may be operated within a nonconforming hotel located in an R-4 zone:

A. Private Dining Rooms: A private dining room may be operated within a nonconforming hotel in an R4 zone provided that the dining room serves only hotel occupants and their guests and has no door or entrance opening through an exterior wall except a service door into a garage or warehouse or an emergency exit door.

B. Restaurants: A restaurant may be operated within a nonconforming hotel pursuant to a conditional use permit if the hotel and restaurant meet the following criteria:

1. The hotel is located on a street identified as an "arterial" street or "collector" street in the city's general plan.

2. The total dining and bar floor area of all restaurants and private dining rooms in the hotel does not exceed the floor area of any dining and bar area that existed on or before November 1, 1995, except as provided for in subsection B.7 and B.8.

3. No patrons of the restaurant are seated after eleven o'clock (11:00) P.M.

4. No live entertainment is performed.

5. No banquets or similar private receptions or parties are held at the restaurant.

6. Parking is provided free of charge to employees to ensure that employees do not park in the public right of way.

7. For nonconforming hotels with established rooftop uses that existed on or before December 14, 2023, existing enclosed rooftop structures area may be converted for use as restaurant kitchen facilities and outdoor dining and bar area may be established on the rooftop, subject to the requirements of subsection C of this section.

8. For nonconforming hotels with established rooftop uses that existed on or before December 14, 2023, dining and bar floor area of existing ground floor restaurants may be expanded, subject to the requirements of subsection C of this section.

C. Restaurant Conditional Use Permit: Prior to issuing a conditional use permit to allow a for the operation or expansion of restaurant uses, including the establishment of rooftop outdoor dining and bar area, to be located in a nonconforming hotel pursuant to subsection B, the commission shall consider, as part of its determination pursuant to article 38 of this chapter, whether the restaurant will have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to:

1. The accumulation of garbage, trash, or other waste;

2. Noise created by the operation of the restaurant or by employees or visitors entering or exiting the restaurant;

3. Light and glare;

4. Odors or noxious fumes;

5. Parking demand created by the restaurant, including parking demand created by employees; or

6. Traffic.

D. Prohibition Against Expansion: Nothing in this section shall be construed to permit the expansion or enlargement of a nonconforming hotel use or private dining room or restaurant within a nonconforming hotel except that a private dining room may be converted to a restaurant as allowed by subsections B and C of this section, and restaurants may be expanded as provided for in subsections B.7 and B.8. No hotel may include both a private dining room and a restaurant.

ATTACHMENT 8
Public Notices
City Clerk's Office

NOTICE OF PUBLIC HEARING
The Council of the City of Beverly Hills, at its regular meeting to be held on Tuesday, February 6, 2024, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber of the City Hall, 455 N. Rexford Drive, Beverly Hills, CA 90210, will hold a public hearing to consider:

AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING
TITLE 10, CHAPTER 3, ARTICLE 12 OF BEVERLY HILLS MUNICIPAL

CODE TO ALLOW FOR THE EXPANSION OF EXISTING RESTAURANT

USES AND THE ESTABLISHMENT OF NEW RESTAURANT USES WITH

ROOFTOP OUTDOOR DINING FOR EXISTING LEGALLY
NONCONFORMING HOTELS LOCATED IN THE R-4 MULTIPLE

RESIDENTIAL ZONE
The proposed Ordinance would amend the Section 10-3-1207 of the Beverly Hills Municipal Code to allow for the expansion of bar and dining areas of an existing ground floor hotel restaurant and the establishment of new restaurant uses with outdoor dining and bar areas that are open to the public on the rooftop of existing legally nonconforming hotels located in the City's R-4, Multiple Residential Zone with established rooftop uses. The expansion and establishment of such restaurant uses would require the issuance of a Conditional Use Permit (CUP) by the Planning Commission. The proposed Ordinance is related to a request for amendments to existing CUP, Development Plan Review (DPR), and Extended Hours Permit (EHP) approvals to allow continued operation of existing restaurant and rooftop uses at the L'Ermitage Hotel, located at 9291 Burton Way (the "project site"), as well as to allow the expansion of the dining and area within the ground floor restaurant and establishment of a new rooftop restaurant with outdoor dining and bar area. The Planning Commission considered this ordinance at its meeting on December 14, 2023, at which time it recommended that the City Council adopt the amendments.

ENVIRONMENT AL REVIEW
This project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.), and the environmental regulations of the City. Upon review, the project appears to qualify for a Class 5 (Minor Alterations in Land Use Limitations) in accordance with the requirements of Sections 15305 of the state CEQA Guidelines. Therefore, the City Council may find the project exempt from further review under CEQA.

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

HOW TO PARTICIPATE IN THE CITY COUNCIL MEETING
Please be advised that pre-entry metal detector screening requirements are now in place at City Hall. Members of the public are requested to plan visits accordingly. Members of the public may participate in the meeting by attending in-person or telephonically, and may view the meeting through live webcast or BHTV Channel 10 on Spectrum Cable. City Council meetings are broadcast on local Beverly Hills television and on other media platforms. Anyone who participates at the meeting and/or enters the City Council Chamber is subject to having their image displayed.

These recordings will remain publicly accessible in perpetuity.

Public Comment Participation:
• Oral Comment/Listen only: (310) 288-2288
• Email: [email protected]
• Video ( during public comment only): http:/ /beverlyhills.org/comment • To Watch Video Live: http:/ /beverlyhills.org/live or • On-Demand: http:/ /beverlyhills.org/citycouncilmeeting~ • In-Person: Submit a Speaker Card to the City Clerk at the meeting How to Submit Public Comment (Email/Video):

It is recommended that public written comments be submitted to the City Clerk's office by 12:00 p.m. on the meeting date. Public comments will also be taken during the meeting when the topic is being reviewed by the City Council. Written comments should identify the Agenda Item Number or Topic in the subject line of the email. The City Clerk will read only the first three minutes (approximately 350 words) of a written comment. In the event of a large number of written comments on one item, written comments may be summarized by the City Clerk's Office. The entire written comment shall be archived in full as part of the record.

If a comment is received after the agenda item is heard, it will not be a part of the record. Public comment via video conference will be no longer than three (3) minutes per each individual comment, subject to City Council discretion based on the anticipated length in the meeting. Inperson speaker cards may be submitted to the City Clerk directly during the meeting.

Any interested person may participate in the meeting and be heard or present written comments to the City Council. According to Government Code Section 65009, if you challenge the Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City, either at or prior to the public hearing.

City of Beverly Hills I 455 N. Rexford Drive Beverly Hills, California 90210 I t(310) 285-2400 f(310) 385-0862 I BeverlyHills.org In Person Participation:

All interested persons are invited to attend and speak on this matter in person. Please see the above information on the location and time of this meeting.

If there are any questions regarding this notice, please contact Edgar Arroyo, Senior Planner in the Planning Division at (310) 285-1138, or by email at [email protected]. Please also contact us to add your email to the interested parties list for this ordinance, so that important updates and notifications may be sent to you.

HUMAAHMED
City Clerk
~ L Pursuant to the Americans with Disabilities Act, the City of Beverly Hills will make reasonable efforts to ~ 1.~ accommodate persons with disabilities. If you require special assistance, please call (310) 285-2400 (voice) ··'f V or (310) 285-6881 (TTY). Providing at least forty-eight (48) hours advance notice will help to ensure availability of services. City Hall, including the Council Chamber and Room 280A, is wheelchair accessible.

The City Hall Council Chamber and Room 280A are also equipped with audio equipment for the hearing impaired.

City of Beverly Hills I 455 N. Rexford Drive Beverly Hills, California 90210 I t(310) 285-2400 ft310) 385-0862 I BeverlyHills.org ATTACHMENT 9
Public Correspondence

9400 S. Santa Monica Blvd. #102, Beverly Hills, CA 90210 | 310-248-1015 | [email protected] www.LoveBeverlyHills.com VisitBeverlyHills LoveBevHills July 8, 2021
Honorable Chair and Commissioners
Beverly Hills Planning Commission
Beverly Hills City Hall
455 N. Rexford Drive
Beverly Hills, CA 90210
Dear Honorable Chair Ross and Members of the Planning Commission:

The Beverly Hills Conference and Visitors Bureau (BHCVB) is writing to express our support for L’Ermitage’s request to update the property’s C.U.P. as part of a major revamp of the hotel.

The revised C.U.P. would provide a new, intimate 50-seat rooftop dining venue with a 14-seat bar adjacent to the pool which would replace the existing function space. Additionally, the change would include adding 6 seats on the existing ground floor restaurant patio (bringing the total seats to 26) and permission to leave the patio doors open. Finally, the hotel requests extending all outdoor dining by one half hour, so the last seating would remain at 9pm and diners must depart by 11pm (currently they must depart at 10:30).

Many hotels surrounded by residential buildings in Beverly Hills currently have these types of facilities and we have no doubt that L’Ermitage would proceed and work with the community to pursue this project in a thoughtful and respectful manner.

These requested changes are part of a larger investment by EOS, its owners, to upgrade the physical spaces and amenities of this beloved 50-year-old, 5-Star property to match the level of exceptional service it currently delivers.

This update will afford the hotel the opportunity to increase rates, resulting in increased transient occupancy tax, to support the City’s general fund, and ultimately its residents, through increased revenue that offsets the cost of services for residents.

Sincerely,
Julie Wagner, CDME
Chief Executive Officer
Beverly Hills Conference & Visitors Bureau
cc: Nancy Hunt-Coffey
BHCVB Board of Directors
1 Edgar Arroyo
From: Carlton Lee
Sent: Saturday, October 14, 2023 3:04 PM
To: CommentPC; Edgar Arroyo
Cc: Heather Miller; Roger Weiss; Andrew Kairey; Baruh Burak Gatenyo; Jeffrey Moghavem Subject: October 26, 2023 Planning Commission Meeting RE: 9291 Burton Way Attachments: City Council06.06.2016.pdf; BH R-4 CODE.pdf; Objection to Extended Hour Permit.05.31.2016 2.pdf; Objection to Extended Hour Permit04.25.2016; Objection to Conditional Use Permit04.07.2016 [You don't often get email from Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ]
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________________________________
October 14, 2023
Planning Commission
City of Beverly Hills
455 North Rexford Drive
Beverly Hills, CA 90210
RE: 9291 Burton Way (LBVH Hotel, LLC)
Dear Sirs or Madame:

The issues involving LBVH Hotel, LLC request regarding the renewal and amendment of their existing Conditional Use Permit (CUP); Development Plan Review (DRP); Extended Hours Permit (EHP); and Zone Text Amendment (ZTA) are not new and reflect a continued revisitation of concerns affecting Quality of Life issues, potential financial loss, and the daily lives of the surrounding community members who are landowners and tax payers of the City of Beverly Hills. These same issues have been placed before the Planning Commission by several previous owners of 9291 Burton Way. I have attached copies of prior letters sent to this Commission for your review.

The current Conditional Use Permit has worked well within our community and is not a concern for the BurtonHills Townhome HOA. This CUP was passed after long and considered thought by the past Commission. I do not think change is warranted as I firmly believe that we should not fix what is not broken. The current CUP reflected issues related to excessive noise, littering, and generalized disturbances affecting the Quality of Life of the surrounding community that preceded the current CUP. Therefore, I am strongly against an amendment to the current CUP.

For the same reasons stated above, I am strongly against amendments to the regulation of Amplified Sound and Live Entertainment in an open air dining area. Again, these are matters that have affected the Qualify of Life of the surrounding taxpayers that have resulted in the current CUP restrictions.
2 For the same reasons stated above, I am strongly against amendments to the Extended Hours Permit as prior experience with extended hour noise has had significant and detrimental affects on Quality of Life issues in the surrounding Beverly Hills community that resulted in the current CUP restrictions.

The request for a Zone Text Amendment by LBVH Hotel, LLC is disingenuous and detrimental to City Zoning and the Beverly Hills taxpayers living in R4 zones. The original L’Ermitage Hotel was established by a back door maneuver as it was original designated as a multifamily dwelling. I have attached the City of Beverly Hills R‐4 Code Statue for your review. Please read this carefully.

Currently, residential square footage in the 90210 residential area is valued between $1,400 to $1,800 by various real estate online websites. The valuation of Beverly Hills commercial properties have ranged from $350 to $375 in the past and are more likely than not a bit more at this time. Alteration to the current CUP that will affect the Quality of Life factors of the surrounding community and will have adverse consequences to the residential value of the affected taxpayers. This is a financial burden that must be considered and potential injured parties must be made whole if this occurs. This is a real concern and issue that cannot be overlooked or taken lightly by this current Planning Commission.

Thank you for your thoughtful and sincere consideration of this correspondence.

Sincerely,
Carlton Y.S. Lee, M.D.

BurtonHill TownHome HOA Board MemberSent from my
CITY OF BEVERLY HILLS R-4 CODE STATUE
10-3-1206: NONCONFORMING HOTELS:

A hotel is not a permitted use within an R-4 zone.

Within any nonconforming hotel in an R-4 zone, it shall be unlawful for any person to erect, construct, establish, alter, enlarge, maintain, or use any building, structure, or improvement which is used, designed, arranged, or intended to be used or occupied for retail sales rooms, stores, offices of a business other than the hotel, and other service uses such as vehicle rentals. Additionally, it shall be unlawful to expand, enlarge or intensify a nonconforming hotel use except as allowed by section 10-3-1207 of this chapter. (Ord. 96-O-2256, eff. 4-5-1996) 10-3-1207: DINING IN NONCONFORMING HOTELS:

Subject to the following restrictions, restaurants or dining rooms may be operated within a nonconforming hotel located in an R-4 zone:

A. Private Dining Rooms: A private dining room may be operated within a nonconforming hotel in an R-4 zone provided that the dining room serves only hotel occupants and their guests and has no door or entrance opening through an exterior wall except a service door into a garage or warehouse or an emergency exit door.

B. Restaurants: A restaurant may be operated within a
nonconforming hotel pursuant to a conditional use permit if the hotel and restaurant meet the following criteria:

1. The hotel is located on a street identified as an "arterial" street or "collector" street in the city's general plan.

2. The total dining and bar floor area of all restaurants and private dining rooms in the hotel does not exceed the floor area of any dining and bar area that existed on or before November 1, 1995.

3. No patrons of the restaurant are seated after eleven o'clock (11:00) P.M.

4. No live entertainment is performed.

5. No banquets or similar private receptions or parties are held at the restaurant.

6. Parking is provided free of charge to employees to ensure that employees do not park in the public right of way.

C. Restaurant Conditional Use Permit: Prior to issuing a conditional use permit to allow a restaurant to be located in a nonconforming hotel, the commission shall consider, as part of its determination pursuant to article 38 of this chapter, whether the restaurant will have a substantial adverse impact on the use and enjoyment of
surrounding residential properties due to:

1. The accumulation of garbage, trash, or other waste;

2. Noise created by the operation of the restaurant or by employees or visitors entering or exiting the restaurant;

3. Light and glare;

4. Odors or noxious fumes;

5. Parking demand created by the restaurant, including
parking demand created by employees; or

6. Traffic.

D. Prohibition Against Expansion: Nothing in this section shall be construed to permit the expansion or enlargement of a nonconforming hotel use or private dining room or restaurant within a nonconforming hotel except that a private dining room may be converted to a restaurant as allowed by subsections B and C of this section. No hotel may include both a private dining room and a restaurant.

E. Signage: In addition to any other signage permitted for the hotel, a hotel restaurant or private dining room may be identified by a sign at the entrance to the restaurant or private dining room. The size of the sign shall be approved by the planning commission but in no event shall the sign exceed twelve (12) square feet. The sign shall not be illuminated except with back lighting.

F. Outdoor Dining: Outdoor dining may be approved by the planning commission as part of the issuance of a conditional use permit subject to the issuance of a development plan review approval that must be renewed on an annual basis for the first three (3) years and every three (3) years thereafter unless the director of planning and community development determines that more frequent review and renewal is required to ensure that no adverse impacts occur. (Ord. 96-O-2256, eff. 4-5-1996; amd. Ord. 98-O-2318, eff. 1-1-1999)
1) Beverly Hills City Zoning map clearly demarcates L’Ermitage Hotel to be in an R-4 zone and not a commercial or transitional zone.
2) Article 19.5 Transition Between Commercial And Residential Uses clearly state:
“Commercial-residential transition area” shall also include sites located within a residential zone which are used primarily by commercial uses which were legally authorized prior to the change to a residential zone classification.” This does not apply to L’Ermitage Hotel as it was an apartment complex in a residential R-4 prior to becoming a Boutique Hotel. The hotel did not pre-exist the R-4 zone designation.
“Commercial-residential transition area” shall not include either those properties located on the northerly side of the street on Santa Monica Boulevard, south roadway, or those properties located on the southerly side of the street on Wilshire Boulevard”.

L’Ermitage is clearly located on the northerly side of the south roadway.
3) Section 10-3-1958: Extended Hours Permits; subsection C.

Conditions; points 1, 2, and 7 has not been met as noted by and attested to by various and multiple residences around the L’Ermitage Hotel.

If the extended hours permit is granted, this would establish a precedent in residential zones to request and/or violate our current noise abatement ordinance 11-O-2613, eff 10-31-2011) which states:
“It shall be unlawful for any person within any residential zone of the city to use or operate any sound amplifying equipment between the hours of 10 P.M. and 8 A.M. of the following day in such a manner as to be distinctly audible at or beyond the property line of the property on which the equipment is located.” Furthermore, changing the zone designation of the L’Ermitage and surrounding properties will lower valuations from residential square footage to commercial values. Current commercial property valuation in Beverly Hills ranges from $350-$375 per square foot. Residential property valuation, according to Trull and Zillow’s website is $875-$916 per square foot. If the City Council grants L’Ermitage the extended hours permit, compensation to the affected property owners should be considered to make whole the injured parties.

BURTONHILL TOWNHOMES HOA
c/o Rubin Properties, Inc.

ATTEN: Heather Miller
May 31, 2016
City Council
City of Beverly Hills
455 North Rexford Drive
Beverly Hills, CA 90210
Re: 9291 Burton Way (L’Ermitage Hotel)
Development Plan Review Permit
Extended Hours Permit
Dear Sirs or Madame:

I have written 2 prior letters dated April 7, 2016 and April 25, 2016 concerning the above referenced issue and have attended the prior Planning Commission meetings on April 14, 2016 and May 2, 2016 with public hearing and have addressed the Planning Commission in person as well. As a longtime resident of Beverly Hills, I was extremely impressed by the Planning Commission and extend special kudos to Commissioners Lori Green Gordon and Craig Corman for their thoughtfulness, consideration of facts, and discussion regarding L’Ermitage’s CUP and request for Extended Hours Permit to allow operation of the hotel restaurant, open air dining area, and rooftop in a commercial-residential transition area. Commissioners Green Gordon and Corman clearly acknowledged L’Ermitage to be in an R-4 zone and not in a commercial or transitional zone. I was also shocked during the May 2, 2016 Planning Commission meeting by Commissioner Howard Fisher’s comments and statements as he either reflected ignorance of City zoning codes or made a blatant attempt at single-handed strong arming of rezoning the area of concern into a transitional zone to conform with the interest of L’Ermitage’s request for extended hours of operation.

During the May 2, 2016 meeting and public hearing, testimonial was given that noise emanating from the rooftop venue at L’Ermitage could not be heard several blocks away to the east on Maple Drive. I do not doubt this statement, however, as an otolaryngologist and Qualified Medical Expert for the State of California in hearing disorders, I can state in no uncertain terms that absent an obstructing barrier such as an adjacent building, sound waves will travel unimpeded and impact all residences that have a sight line to the L’Ermitage’s rooftop venue.

Such is the issue with the BurtonHill Townhouses which lay just west of the L’Ermitage and to the homeowners living to the south. At the May 2, 2016 Planning Commission meeting, the Commission concluded that L’Ermitage should not be granted an extended hours permit past 10 P.M. consistent with the current noise code for residents of the City of Beverly Hills. I fully agree with this decision and strongly object to extending the hours of operation at L’Ermitage’s rooftop venue past 10 P.M.

Parking on the north side of Burton Way west of Foothill continues to be problematic for the residents of the BurtonHill Townhomes and their guests. The BurtonHill Townhomes HOA board requests consideration for signage that would restrict parking in this area from 6 P.M. to 8 A.M. to permit only status. Thank you for your thoughtful and considered deliberation on this important issue related to Quality of Life Issues.

Sincerely,
Carlton Y.S. Lee, M.D.

Secretary

boisterous late evening and night conversation and loud music for late night gala events from the L’Ermitage rooftop area following awards events that have disrupted our attempts at sleep and that have adversely affected our quality of life as residents of Beverly Hills.

The HOA Board is open to further discussions concerning L’Ermitage Hotel’s (Viceroy) request to renew a Development Plan Review Permit and a Conditional Use Permit if our concerns can be addressed in a positive and constructive manner. However, the HOA Board strongly objects to L’Ermitage Hotel’s (Viceroy) request for an Extended Hours Permits as explained above from firsthand experience over the past 17 years by the residents of the BurtonHill Townhome community.

Sincerely,
Carlton Y.S. Lee, M.D.

Secretary, BurtonHills Townhome HOA

BURTONHILL TOWNHOUSES HOA
c/o Rubin Properties, Inc.

April 7, 2016
Planning Commission
City of Beverly Hills
455 North Rexford Drive
Beverly Hills, CA 90210
Re: 9291 Burton Way (L’Ermitage Hotel)
Development Plan Review Permit
Conditional Use Permit
Dear Sirs or Madame:

The BurtonHill Townhouses Home Owners Association comprising 24 single family residential condominiums at Burton Way , express immediate concern over L’Ermitage Hotel (Viceroy) plans of expanding their open air dining area to include an additional 7 tables and 20 chairs toward the east near the main hotel entrance facing Burton Way. Our community, consisting of a mix of families with young children and elder individuals and will be negatively impacted by increased ambient noise from late night diners and parking on Burton Way adjacent to our townhouses. Additionally, we have grave concerns of increased littering involving the landscape fronting the A Units and on Burton Way fronting our community.

Historically, L’Ermitage Hotel has offered, in the past, to mitigate the noise issue with sound reducing windows and doors to the BurtonHill home owners at their cost; many of the former unit owners were not informed or aware of this generous offer at that time. Times have changed and many of the new and current home owners have young children and are concerned about noise adversely impacting their children’s education with homework and school study.

Additionally, we express great concern over potential disruption of sleep arising from late night outdoor diners and parking traffic in front of our homes affecting not only our children, but our hard working tax payers and elderly residents.

The HOA Board is open to further discussions concerning L’Ermitage Hotel’s (Viceroy) request to renew a Development Plan Review Permit and a Conditional Use Permit if our concerns can be addressed in a positive and constructive manner.

Sincerely,
Carlton Y.S. Lee, M.D.

Secretary

2 9 Dog (US ADA ‐ DP), that naturally responds to the increased activity and stimulation in the alley, right in front of my patio.

In addition, eliminating the current Hotel’s responsibility to perform the daily cleaning of the Burton Way sidewalk and parkway on the South side of Burton Way, between Foothill Road and Maple Drive, is of concern for us, residents of the Burton Way Apartments, which may impact the hygiene, pollution, and waste produced by many of the hotel’s limo guest drivers, with the lack of cleaning and upkeep of our shared sidewalk. We are definitely concerned about it.

I am aware that other Resident tenants at the Burton Way Apartments have also expressed their concerns about the proposed significant expansion of the Hotel L’Ermitage, and I am sure they will express their concerns to the City’s Planning Commission as well.

Respectfully Submitted,
To be presented at the City of Beverly Hills Public Hearing on October 26, 2023.

Sincerely,
Dr. Isaac E. Jakubowicz, M.D., M.P.H.

Resident Tenant
Burton Way,
Beverly Hills, CA 90210‐4263
P.O. Box 15072
Beverly Hills, CA 90209‐1270

Dear City of Beverly Hills Planning Commissioners,
I am writing to express my support for the redevelopment plans and 11pm closing time at L’Ermitage and to emphasize the critical importance of activated rooftops and food and beverage programs in ensuring the economic viability of hotels in the city of Beverly Hills.

Activated rooftops, such as the one planned for L’Ermitage, have become a hallmark of modern hospitality. They provide a dynamic and engaging space for guests and locals alike, creating a vibrant atmosphere that sets the hotel apart. These spaces are instrumental in attracting visitors and residents, leading to increased foot traffic in the area and contributing to the overall economic vitality of Beverly Hills.

The incorporation of a food and beverage program within the rooftop redevelopment is particularly noteworthy. Dining and culinary experiences have become an integral part of the modern hotel industry, offering guests a diverse and enticing selection of cuisine. A well-executed food and beverage program can elevate a hotel's reputation, attract a broader clientele, and drive additional revenue. It is a powerful tool for fostering a sense of community and establishing the hotel as a hub for social gatherings, and longer business hours are integral in ensuring economic success.

Furthermore, the success of L’Ermitage directly impacts the local economy. The creation of new jobs, the procurement of local goods, and the stimulation of tourism are all positive externalities that result from the hotel's endeavors. This, in turn, bolsters the economic viability of the city of Beverly Hills.

In conclusion, I wholeheartedly support the rooftop redevelopment plans at L’Ermitage, recognizing the pivotal role it plays in activating rooftops and delivering an exceptional food and beverage program.

Such initiatives not only enhance the hotel's offerings but also contribute significantly to the prosperity of Beverly Hills. I encourage you to embrace and support this project for the benefit of the community and the city at large.

Thank you for your attention to this matter.

Sincerely,
SHVO
JOHN W. GULLIXSON
Dear Esteemed Planning Commissioners,
I am writing in favor of approving the requests upcoming from the above mentioned neighborhood hotel. While the hotel and adjacent residential are areas of concern and understandable attention, it seems to me that the requests for upgrades and accommodations to provide a more consumer attractive space for dining both on the ground floor and the West facing rooftop are compatible due to the height and some other mitigating measures.

The hours of use do not seem to be changing and frankly the hospitality business is most definitely critical (look at the vast TOT contributions to city budget expenditures) to the longevity of residential bliss in Beverly Hills. Our hospitality has to be attractive to consumers/visitors and it's a cut throat business in Beverly HIlls to say the least.

Furthermore, all of the properties located on Burton Way experience significant ambient noise at all hours. Heck, most residential neighborhoods "south of the tracks" experience worse than ambient noise like racing cars, sirens, neighbor parties, construction and so forth at all hours of the day and night. It is unfortunate that times have changed and Beverly Hills is not the quiet village it once was, but the requests of the hotel don't make it any worse in any measurable way considering there is a CUP allowing for such use 100 feet away on the other side of the rooftop apparently. I am pretty sure the hotel is also not requesting any change to the sound levels allowed. But please check that.

I am hopeful any reasonable assurances needed to calm any concerns will be welcomed by the hotel but that there will also be an equally reasonable perspective taken by the commission with the understanding that being good neighbors means being a productive business within the city as well as being a productive resident, producing mutual benefits that all are lucky enough to enjoy.

I probably don't need to remind anyone of the fact that the businesses (and many are hotels) of Beverly Hills pay for 80% of the cost of the services made available to residents while the residents consume 80% of those services and pay for only about 20% of them. Perhaps that is a very fortunate scenario? I am always cognizant of this when we hear-out our businesses who have a long and storied history of contributing to the community's well-being.

I know all of you always do your best to balance the issues that come before you.

I thank you all for your service.

Best,
Honorable Jake Manaster
October 4, 2023
Attn: Planning Commission
City of Beverly Hills
As the Founder and Managing Partner of the Empire at Burton Way, the apartment building directly east of the L’Ermitage hotel, I care strongly about maintaining the quality of life in our area. Having this luxury hotel right next door is certainly an added amenity for our tenants, and I’ve heard from many of them how much they enjoy being able to walk down to eat and drink there.

The beautiful plans for the façade and ground floor revamp will upgrade the aesthetic of our street. And the proposed new fine dining experience in the Rotunda space and rooftop dining would be exciting additions for the neighbors. Everyone is interested in more outdoor dining options, particularly within walking distance. The whole community will enjoy the amazing views, relaxed atmosphere and excellent service at the new roof space.

Please approve the hotel’s requests as submitted.

Many thanks,
Craig Berberian
Empire at Burton Way
10/23/23
Dear Chair Ross and fellow Planning Commissioners,
As a resident and business owner in Beverly Hills, I have witnessed the many incarnations of the L’Ermitage over the past two decades. With its recent change of ownership, our cherished city hotel has experienced a remarkable renaissance providing impeccable service under the stewardship of Scott Berger. I wholeheartedly support their efforts to elevate the guest experience and to solidify their standing among the ultra-luxury hotels in our city.

In light of the hotel's commitment and its vital role in the Beverly Hills community, I earnestly urge the Planning Commission to favorably consider and grant the approvals sought by the L’Ermitage.

Sincerely,

David Mirharooni
Brickstar Capital, LLC
HelloUnfortunately, we will not be able to attend the meeting. However, just wanted to reiterate our feelings on the L'Ermitage proposal.

We know you have received our email from October 6 requesting that L’Ermitage event guests be required to park at the hotel and not in front of our building on Burton Way, in order to keep our street parking free for our own guests.

We also wanted to share our support for their proposed changes. We did attend a community presentation, and thought the exterior and public area enhancements will certainly help beautify our street. We feel much safer in the area with the hotel’s valet staff outside and the higher quality of guests this current ownership has attracted. And we would love to have more dining options almost next door, especially the new rooftop restaurant. We do not have concerns around extending the hotel’s outdoor dining by a half hour until 11:00pm.

Thank you for your diligence in reviewing these requests. We hope you will approve them.

Thank you,
Shari and Andrew Kairey (Board Member, BurtonHill TownHome HOA) October 24, 2023
To: Planning Commissioners
From: Sonia Berman, Resident
Re: 9291 Burton Way
Dear Planning Commissioners:

I write this letter in opposition to the Conditional Use Permit Renewal and Amendment submitted by the L’Ermitage Hotel.

I live on the corner of Palm Dr. and Burton Way. While the three blocks or so from the site would lead one to think I would not be impacted, that is not true at least not once the traffic slows down in the evening. And the evening is when I experience the majority of the noise impact. In addition, I walk my dog on the north side of Burton Way at least once a day for her to have a different experience and while I fully understand that there are many blocks on that side other than in front of the hotel where I could walk in addition to the blocks on the south, as a resident, I should be able to walk on any public sidewalk.

Ground floor:

Restaurant: At this time, with small groups, the noise has not impacted me personally. However, private parties tend to get much louder and with amplified music, I foresee this as a major impact on my peace and quiet.

Parkways: On this subject, as I said, I walk the dog so I know the condition of the front of the hotel. While the valets are wonderful and try to keep it clean, guests do not see that as their responsibility. I see them toss bottles and trash and in spite of the “poop bag dispenser”, often see a mess on the grass.

Street in front of the hotel: There are often cars parked on Burton Way doing deliveries or waiting for passengers. Again, while the valets are diligent in trying to keep the area clear for pedestrians and other cars, they only succeed in the very front. The areas somewhat to the east but more to the west are crowded. When the occupancy of the hotel is “normal”, there is not usually any issue. However, when there is a party with lots of guests and possibly even extra valets, it becomes very difficult to get by.

Roof:

Here is where I have my greatest concerns. My bedroom faces the hotel with little between it and the hotel to muffle the sound. I acknowledge that since the Pandemic and no or fewer events on the roof, the impact on my ability to sleep has been lessened. But before that, I was calling the police for noise abatement practically every weekend. I greatly fear any rooftop use beyond 10:00 PM as I know I will be back on the phone with the PD. Just as the hotel is entitled to hold events, I am just as entitled to enjoy my home and be able to sleep - uninterrupted.

As for amplified sound anywhere, I have the same concerns as above whether that is on the ground floor at the existing restaurant or especially on the roof.

Deliveries:

I cannot address any concerns regarding deliveries since they do not impact me.

Thank you for letting me share my concerns about this proposed project.

Please feel free to contact me if you have any questions.

Sincerely,
Sonia Berman

Attn: Members of the Beverly Hills Planning Commission
I am currently traveling and as such unable to appear at this hearing in person.

As a longtime Beverly Hills resident and business owner, I would like very much to express my support and excitement for the plans which L’Ermitage hotel group have brought before you. I have reviewed their requests and am confident that the hotel would implement and continue to operate at a level with the highest regard not to disturb the neighbors and be highly sensitive to their privacy.

Personally, I would love another rooftop restaurant in our city as it will be quite beneficial for the residents, business owners and tourism. The changes and improvements that L’ Ermitage Hotel Group are proposing to make are quite calculated, measured, very reasonable and extremely responsive to long-term market trends. The hotel is a fantastic amenity for the area and with the proposed improvements and upgrades will only enhance this neighborhood even more, further bolstering the area’s property values.

Thank you very much for your consideration and support.

Sincerely,
Houman Mahboubi
Good morning! My name is Zev Norotsky and I am a resident of Beverly Hills.

I have been a frequent guest at L'ermitage Beverly Hills for almost three years now and want to share my experience with the property as a resident. The hotel is a beacon of community in our city, its where I celebrate special occasions, its where I take business meetings or lunches, its where I take my daughters swimming, its where I host out of town guests and its even where I retreat to during inevitable power outages we sometimes see. To put it bluntly, the hotel is a home away from home.

As someone who lives on Benedict Canyon I am all too familiar with what public outcry can do to perceived slight on the community and calls for a new hotel can absolutely ignite the local homeowners.

This I understand.

With respect to L'ermitage, this hotel already exists and will stand long after most of us leave this city.

It's an iconic address alongside the most iconic of addresses. For me to think that the voice of one could potentially drown out the improvements to the property that an entire community will benefit from is completely wrong. We need this hotel to rise up with the rest of the offerings in Beverly Hills. We want to benefit from improved dining options and the rooftop dining trends like so many other properties in our area can claim.

I know this neighbor, she has personally accosted me in front of the hotel. She does not speak for me or my family and certainly should not be given the platform of a single voice to speak for this entire community.

Thank you for your time.
--
Zev Norotsky / CEO & Founder
BHPC,
Good morning. I am writing to share my support for the changes L’Ermitage is requesting. I live just a few blocks from the hotel, and feel fortunate to have one of Beverly Hills’ leading hotels right in our neighborhood. My parents always stay there when they come to visit, and consistently rave about the service. We all feel like it’s our home away from home.

The hotel absolutely does the best they can with what they’ve got. But it could be so much more inviting. Like many of the neighbors in the area, my parents and I have long wished there were more dining options available there. So, when we heard they are hoping to introduce a small restaurant on the roof, we were ecstatic. Have you seen those views?! I’ve considered the rest of the changes they’re asking for today, which I actually find really minimal, and I’m asking you to please approve them and let the hotel get started on them as quickly as possible.

Thank you,
Charles
Charles Essig
________________________________
Dear Chair Ross and fellow Commissioners:

As both a resident and commercial property owner nearby, I appreciate when fellow property owners and businesses continue to invest in Beverly Hills to keep our city relevant and interesting.

The Entertainment Business District, directly to the north of this project, lacks dining options for its office tenants and a rooftop restaurant would be a wonderful addition. The space is currently being used for private events so this seems like it would be a minor modification.

I encourage the City to support this project.

Thank you for your time.

All the best,
Evan Meyer
________________________________
I work in a building directly behind the hotel on Maple. There are very few dining options in our immediate neighborhood, and even fewer outdoor venues. My colleagues and I would enthusiastically welcome the addition of a new rooftop restaurant and expanded ground floor restaurant patio. Given our experience of L’Ermitage as a direct neighbor, we know the hotel’s intent and ability to manage these enhancements without adverse impacts to the area, including extending the outdoor dining by a half hour to 11:00pm daily.

I appreciate you taking this input into account and hope you will approve the requested changes.

Nicholas G. Rumanes
Urban Designer
[Life Long OG Norman!!!]
To the City of Beverly Hills:

I grew up here and stayed to raise my family and run my business in Beverly Hills.

While we love the patios at our longtime local spots like Il Pastaio and Porta Via, the city needs to attract and enable new additions to our restaurant mix. Rooftops are key! Rooftop restaurants are a big attraction for visitors to Beverly Hills, especially one with the premier level of service offered by L’Ermitage. We locals love them as well - Funke is the hottest table in town. Please support the hotel and approve their requests, including the extra seats on the downstairs patio and the fine dining concept for the Rotunda.

With gratitude,
Joey Behrstock
________________________________
Attn: Beverly Hills Planning Commissioners
I plan to make every effort to attend the hearing in person, but wanted to send in my input in case I don’t make it. My son and I have lived a few doors east of L’Ermitage for years now. We spend a lot of time eating and celebrating there as a family. I spend even more time there getting together with friends and sometimes for business meetings. The service has been dramatically improved in recent years and every member of the hotel’s staff is always so welcoming and helpful. I love being able to walk over for a drink and not having to worry about driving or calling an Uber. I know many of our neighbors feel the same. Walking my dog around here, I get to chat with a lot of them. I know there are a few outspoken neighbors who really just don’t want the hotel here, and don’t want anything new. From my conversations, they are in a very small minority. The hotel is here. And we are the ones who benefit from having it nearby. We are really looking forward to these new and refreshed restaurant spaces.

Please help make them happen.

My best,
Roger Dickes
9233 Burton Way HOA Board President
Dear Chair Ross and Fellow Commissioners,
I live very near to L'Ermitage and enjoy walking to dine there. The plans to elevate their food and beverage program in partnership with a Michelin-star chef are exciting, and will be a wonderful addition to our neighborhood. We have all seen a significant and still growing demand for outdoor dining, and rooftop dining in particular is a valuable amenity in hospitality.

Please grant them the approval they seek.

Kind regards,
Frank Bowling
1 Edgar Arroyo
From: Cindy Gordon
Sent: Thursday, October 26, 2023 8:16 AM
To: Edgar Arroyo
Subject: Fw: Comments regarding L'Ermitage project
From: Jill Egerman
Sent: Wednesday, October 25, 2023 11:06 PM
To: CommentPC <[email protected]>
Subject: Comments regarding L'Ermitage project

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________________________________
Dear Planning Commissioners,
We are writing to voice our strong support for the proposed project at the L’Ermitage hotel.

The proposed improvements would be beneficial to the city by upgrading this iconic hotel’s amenities and increasing outdoor dining options.

Rooftop dining and rooftop space are highly sought after post pandemic.

The ground floor patio restaurant changes would allow for an indoor/outdoor dining experience that is quintessential to our city.

The 27 seat fine dining restaurant would be an intimate gem to add to our city’s dining scene.

L’Ermitage is unique in Beverly Hills in that it feels like a neighborhood destination. The hotel has been a supporter of the schools and our community for decades.

It is important to support our city’s established businesses and encourage the type of improvements to stay relevant and vibrant.

Sincerely,
Jill and Lee Egerman

Regarding L'Emitage Hotel
To Whom it may Concern,
My name is Jill Epstein, 9311 Burton Way #B. My husband and I are in full support of L'Ermitage hotel's enhancements to their hotel and our community. When we purchased our unit 17 years ago, part of the appeal was being in the city and walking distance to all that city living offers. Having a hotel one block away is a plus and its requested improvements is just that, an improvement. I know there are other owners of Burtonhill Condominiums who feel the same and would we encourage the city in moving forward with L'Ermitage current requests. I did attend the previous meeting to show my support.

Thank you,
Jill Epstein
To Whom It May Concern,
As a neighbor of L'Ermitage Hotel, as well as in my position as long term HOA president of Le Faubourg St. Honore Owners' Association, I am writing to express my enthusiastic support for the plan to improve the Hotel.

My family and others who live by the Hotel immensely enjoy the presence of the Hotel here in the community for its great style, festive atmosphere, and fantastic drinks and dining.

I will miss the Hotel's services as they renovate, assuming they are able to, and I very much look forward to the completion of the plans made by its developers.

Warmly,
Roger Dickes
HOA President
9233 Burton Way, unit 506
Beverly Hills, CA. 90210

ILAN BIALER
9297 BURTON WAY

BEVERLY HILLS
RE: Planning Commission Meeting of 14 DEC 2023
Honorable Planning Commision and City Staff,
I have more than a 50+ year connection to the corner of Burton Way and Foothill Road, as an owner, resident and BHHS
graduate, we are the immediate contiguous neighbor to the west on the corner. Due to prior scheduling, I am unable to attend in person.

L’ermitage was originally built as an apartment building. It wasn’t built and has never had the infrastructure required for a hotel nor this type of proposed intense commercial use.

In general, the hotel guests are not the problem. It is visitors to events, bar, and restaurant uses that create the intense noise, disruptions and traffic. While hotel room taxes are a positive addition to city revenues, restaurants and catered events are NOT subject to room taxes.

L’ermitage does NOT have an off-street motor court access or loading docks, it extensively uses the public streets and public sidewalks for all methods of access, for valet parking, drop-offs/pickups, and also for deliveries. Public sidewalks, public streets and public alleys should not be used in this type of intensive commercial manner. Hotel activities definitely block and congest Burton Way in front of the L'ermitage and backs up through traffic on Burton Way.

NOISE MITIGATION: Sound bariers (glass partition or the like) around the perimeter of the roof/restaurants are not included in the design. Prior proposals included this. Sound travels very far, we all realize this. The residents are entitled to noise abatement technology.

NOISE STUDY: There was no reference to a city review of the amended noise study.

PARKING STUDY; The parking consultant is not an
independent third party opinion if the City is using the same company as the applicant.

The residents want to stop intensifying commercial uses in our neighborhood. The L’Ermitage simply does not have the
infrastructure to support current operation, let alone the intensification being requested.

The hotel has claimed there are no problems with the neighbors, but that is incorrect, there are regular issues and they are increasing in intensity. The most recent official violation of the hotel’s CUP occurred on 17 October 2023.

Treating all hotels in the city equally is not logicall. All other large hotels in the city, all purpose designed and built and which have necessary hotel/commercial infrastructure (L’ermitage is the only exception to this). Every other large hotel, including those with rooftop pools, were built as hotels and contain necessary infrastructure for such use…L’Ermitage was NOT.

It is important to remember that this was a residential neighborhood, BEFORE a commercial enterprise inserted itself into this residential fabric.

Thank you planning commissioners and staff for your attention to these important issues. Your dedication and contributions to the city of Beverly Hills are much appreciated.

The pre-existing residents in the surrounding neighborhood deserve quiet enjoyment of their homes!
Respectfully,

ILAN BIALER

ATTACHMENT 10
Project Plans