AGENDA REPORT
Meeting Date: April 16, 2024
Item Number:
To: Honorable Mayor & City Council
From: Masa Alkire, AICP, Assistant Director of Community Development/City Planner
Alexandria Smille, Associate Planner
Subject: TO SET A HEARING DATE FOR AN APPEAL OF THE PLANNING
COMMISSION'S APPROVAL OF A DEVELOPMENT PLAN REVIEW
AND DENSITY BONUS PERMIT TO ALLOW FOR THE
CONSTRUCTION OF A NEW EIGHT-STORY, MIXED USE
DEVELOPMENT WITH GROUND FLOOR COMMERCIAL USES, 56
RESIDENTIAL DWELLING UNITS AT 9229 WILSHIRE BOULEVARD
Attachments: 1. Appeal Petition
2. Planning Commission Resolution No. 2050
RECOMMENDATION
Staff recommends that the City Council:
• Schedule a public hearing for the second City Council meeting in May 2024 for the Council to consider an appeal of the Planning Commission’s approval of a Development Plan Review and Density Bonus Permit to allow the construction of a new mixed-use development at 9229 Wilshire Boulevard.
DISCUSSION
On February 8, 2024, the Planning Commission adopted a resolution (Attachment 2) approving a Development Plan Review and Density Bonus Permit to allow for the construction of an eightstory mixed-use development, inclusive of rooftop bathrooms, at 9229 Wilshire Boulevard (the Meeting Date: April 16, 2024
“project site”). The project site is currently developed with a vacant medical office building with a surface parking lot. The project includes the demolition of the existing building and the construction of a mixed-use project with ground floor retail and 56 rental dwelling units, six of which would be reserved for very low-income households. The Commission’s approval included waivers, as permitted by California Government Code §65915 (“State Density Bonus Law”), to accommodate the provision of the six proposed affordable housing units. The waivers included the following:
• Building Height: Increased the building height from the maximum allowed 45’ to 81’-11”; • Number of Stories: Increased the number of stories from the maximum allowed three to eight; and
• Rear Setbacks: Reduced the rear building setback from the minimum allowed 6’-0” to 0’- 0”.
On February 22, 2024, Aria Ahdoot filed a timely appeal of the Commission’s decision, requesting that the City Council review the approved waiver requests and require additional environmental review (Attachment 1). Specifically, the appeal alleges the following:
• The City erred in granting the waivers, and the waivers will have a negative impact on the surrounding residential neighborhood.
• The amenity space in the project could be converted to additional dwelling units. • The project does not qualify for a categorical exemption under the California Environmental Quality Act; an environmental impact report (EIR) is required.
PROCESS
Pursuant to Beverly Hill Municipal Code (BHMC) §1-4-105, the procedure for appeals of Planning Commission decisions to the City Council is a two-step process. The matter is first placed on the Council agenda for review of the evidence presented in the appeal petition. If the evidence and information presented in the appeal is the same as was presented to the Commission, the Council can then set a public hearing to consider the appeal. However, if the appeal petition contains new information, the Council may order that the Commission rehear the matter.
Based on the appeal received by the City, it appears that the appeal is based on information that was previously considered and presented to the Commission as part of the original project approval. Pursuant to BHMC §1-4-105, staff recommends that the Council move forward on the consideration of the appeal due to limitations in the number of public meetings allowed by state law for housing development projects. Specifically, pursuant to Government Code §65905.5(a), the city is limited to conducting five total public meetings on a housing development project after the application has been deemed complete. Inclusive of the prior Planning Commission meeting and this Council meeting to set the appeal date, two out of the five allotted meetings afforded by state law have been exhausted.
Staff recommends that the Council schedule a public hearing for the second meeting in May 2024 to consider the appeal. Scheduling for the second meeting in May will allow the City’s processing of this project to proceed in a timely manner, while still allowing for adequate time to meet all required BHMC public noticing requirements for the appeal hearing. Per BHMC §10-3- Meeting Date: April 16, 2024
257, the appeal is required to be noticed using the same procedures as the original entitlements being appealed, which includes the required 20-day notification period.
FISCAL IMPACT
There is no anticipated fiscal impact to the City, as this agenda item only schedules a hearing date for an appeal of the Planning Commission’s decision.
Michael Forbes, AICP
Director of Community Development
Approved by
ATTACHMENT 1
Appeal Petition
APPEAL PETITIONS MUST BE FILED WITH THE CITY CLERK’S OFFICE WITHIN • 14 CALENDAR DAYS AFTER THE DATE OF THE DECISION
APPEAL TO PLANNING COMMISSION OR CITY COUNCIL
PLEASE TYPE OR PRINT CLEARLYIN BLACK INK February 21, 2024 Date
In accordance with the appeals procedure as authorized by the provisions ofthe Beverly Hills Municipal Code, the undersigned hereby appeals from the decision Off-p pi anning mmission (Official, Board or Commission involved) rendered on February 8, 2024 ,
which decision consisted of:
The grounds submitted for this appeal are as follows: (WARNING: State ggroundsfor appeal Describe how decision is inconsistent with law. Use extrapaper fnecessary.) Please see grounds of appeal set forth on the attached page..
The undersigned discussed the decision being appealed with:
Michael Forbes, Director of Community Developmen February 20, 2024 (Department Head(s) Involved) Date
It is requested that written notice ofthe time and place for the hearing on this appeal before the City Council be sent to:
Aria Ahdoot 106 N. Maple Drive, Beverly Hills, CA 90210 Name Address
Sign of appea ing 41
Ara Ahdoot
1fl N. Mp1A r)riv, 1vr1y Ril1, (!A 90210
Address
Telephone number: (213) 422—7666
Telephone Number & Fax Number
Fee Paid (For City Clerk’s use) DATE RECEIVED
;EV HLLS CITY CLERK
LOG NO. WrittenNotice mailed to appellant: 2O2! FE 2 F32O Copies to: City Council, City Manager, City Attorney,
Involved Department
$1,000
Community Development
For PL2300193
5x24
City of Beverly Hills Planning Department
455 North Rexford Drive
Beverly Hills, CA 90210
Subject: Opposition to Density Bonus Apartment Project at 9229 Wilshire Blvd.
I am writing to express my strong opposition to the proposed eight-story density bonus apartment project located at 9229 Wilshire Blvd. in Beverly Hills. As a concerned resident of this community, I firmly believe that the approval of this project would be a grave mistake for several reasons.
First and foremost, I believe that the city erred in waiving the story requirement for this development. The existing zoning regulations allow for a maximum of three stories, yet the proposed project seeks to nearly triple this allowance by constructing an eight-story building. Such a significant deviation from the established regulations sets a dangerous precedent and disregards the carefully crafted guidelines that are in place to ensure responsible development within ourcity.
Furthermore, I am deeply troubled by the allocation of two entire stories for amenities within the proposed building. While amenities are undoubtedly important for the residents of any housing development, the potential for these spaces to be converted into future Additional Dwelling Units (ADUs) raisesserious concerns. Allowing for such conversions could significantly impact the character and density of the surrounding neighborhood, potentially exacerbating issues related to traffic, parking, and infrastructure strain.
Additionally, the granting of a waiver in height to allow for a 74’l I “tall building is unacceptable. Such an excessive height not only disrupts the aesthetic harmony of the surrounding area but also casts shadows that may negatively impact neighboring properties. This disregard for height limitations undermines theintegrity of our zoning regulations and fails to consider the long-term consequences for our community.
I must also address the issue of the zero rear setback granted to this project. Not only is this decision legally questionable, but it also poses a direct threat to the privacy and well-being of hundreds of homes located north of Wilshire Blvd. A zero rear setback would compromise the yards and living spaces of more than 100 Beverly Hills residents, robbing them of the tranquility and privacy they deserve in their own homes.
Additionally, I am writing to object to the City’s CEQA determination. A project qualifies for a Class 32 Categorical Exemption if it is developed on an infill site and meets certain criteria. However, before a project can be determined toqualify for a categorical CEQA exemption, exceptions to the exemption, such as cumulative impacts, must be considered. If an exception to a categorical exemption applies, CEQA review in the form of an MND or EIR must be conducted. CEQA Guidelines section 15355 states: “Cumulative impacts refer to two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts.” The Project Does Not Qualify for a Categorical Exemption The NOE claims a Class 32 categorical exemption applies under the CEQA Guidelines, but there are exceptions that apply under CEQA Guidelines 15300.2. (a) Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located — a project that isordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. [....]
• (b) Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant.
• (c) Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will havea significant effect on the environment due to unusual circumstances.
First and foremost, the proposed project lacks a comprehensive Environmental Impact Report (EIR), which is necessary to fully assess the potential environmental impacts in accordance with CEQA guidelines. The ER provided does not adequately address critical issues such as traffic congestion, air quality, and visual impacts, among others. Without a thorough EIR, the true extent of the project’s environmental impacts cannot be accurately determined.
Furthermore, the proposed project fails to consider the cumulative impacts when combined with other developments in the area, particularly the new condo project located across the street on Wilshire Blvd. between Maple and Palm. The cumulative effects of these projects will undoubtedly result in major negative environmental impacts, including increased traffic congestion, air pollution, and alterations to the character of the neighborhood. Without a comprehensive analysis of cumulative impacts, the true magnitude of these effects remains unknown.
In light of these deficiencies, I respectfully urge the City Council to require the preparation of a full Environmental Impact Report (EIR) for the proposed project.
This EIR should include a thorough analysis of all potential environmental impacts, including traffic congestion, air quality, visual impacts, and cumulative effects with other projects in the area. Only with this comprehensive assessment can informed decisions be made regarding the project’s approval and potential mitigation measures.
In conclusion, I urge the City of Beverly Hills Planning Department to reconsider its support for the proposed density bonus apartment project at 9229 Wilshire Blvd. It is imperative that we uphold the integrity of our zoning regulations and prioritize the well-being of our community over the interests of developers. I implore you to listen to the concerns of residents and reject this ill-conceived project.
Thank you for your attention to this matter.
Sincerely,
Aria Ahdoot
ATTACHMENT 2
Planning Commission
Resolution No. 2050
RESOLUTION NO. 2050
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF BEVERLY HILLS CONDITIONALLY
APPROVING A DEVELOPMENT PLAN REVIEW AND
DENSITY BONUS PERMIT TO ALLOW FOR A NEW
EIGHT-STORY MIXED USE DEVELOPMENT WITH
GROUND FLOOR COMMERCIAL USES, 56 RESIDENTIAL
DWELLING UNITS, AND ROOFTOP RESTROOMS AT
9229 WILSHIRE BOULEVARD (PL2300193)
The Planning Commission of the City of Beverly Hills hereby finds, resolves and determines as follows:
Section 1. Alan Nissel, on behalf of 9229 Wilshire Skyline, LLC, (collectively the “Applicant”) has submitted an application for a Development Plan Review and Density Bonus Permit to allow the construction of a new eight-story, mixed-use development with ground floor commercial uses, six stories containing 56 multi-family residential dwelling units and associated amenities above the ground floor, and rooftop restrooms considered an eighth story. The project’s overall height is 83’-11”, inclusive of the rooftop restrooms. The project includes a request for a Density Bonus Permit to allow for a 50% density bonus in addition to requested waivers from development standards to provide six very low-income affordable housing units (the “Project”).
Pursuant to Beverly Hills Municipal Code (BHMC) §§10-3-3100.A and 10-3-1524, a Development Plan Review and Density Bonus Permit are required to construct the new mixed use residential building.
Section 2. The Project consists of the construction of a new eight-story mixed use building. The project includes ground floor commercial uses, six stories containing 56 residential dwelling units and associated residential amenities located above the ground floor level, DocuSign Envelope ID: F98F4944-C89D-4447-B54A-B40596257227 2 and a rooftop residential amenity space with rooftop restrooms that are considered an eighth story.
The Project will replace a surface parking lot and vacant commercial building formerly used as a medical office building. The residential portion of the Project consists of rental units, with six units reserved for very low-income households. The Project will provide four four-bedroom units ranging between 2,175 square feet (SF) and 2,185 SF in size; ten three-bedroom units of approximately 1,670 SF in size; 26 two-bedroom units ranging from 1,319 SF to 1,339 SF in size; and 16 one-bedroom units of approximately 846 SF in size. The new building will be built to the property lines along Wilshire Boulevard, North Maple Drive, and the alley to the north. The ground floor commercial component will include glazed windows along the frontage facing Wilshire Boulevard and the corner of North Maple Drive. The commercial retail spaces are set back approximately nine feet to allow ADA access to the retail spaces and to promote pedestrianoriented activities. The Project requires a northern rear setback of six feet pursuant to BHMC §10- 3-1952; however, a setback waiver pursuant to Density Bonus Law is requested to reduce the minimum northern setback from six feet to zero feet. Common outdoor living space for residential uses will be provided on the rooftop of the building, along with amenities consisting of a pool, sun deck, rooftop restrooms, a BBQ area, and retractable shade structures. Landscaping creates an additional buffer between the outdoor living areas from neighboring single-family residential uses to the north. Additional common outdoor living areas are provided on the second-floor landscaped courtyard open to the sky. Private outdoor living areas are provided within balconies located on the second, third, fifth, sixth, and seventh floors ranging from 108 SF to 279 SF per unit. The new mixed-use building will have a maximum height of 83’-11”, which includes the seven-story portion of the building housing the commercial and residential uses at a height of 74’-11”, along with approximately 180 SF of rooftop restroom areas on the northwest side of the building with a DocuSign Envelope ID: F98F4944-C89D-4447-B54A-B40596257227 3 height of 9’-0”. Parking for commercial and residential uses will be provided within a three-level subterranean structure that will be accessed by the one-directional alley to the north accessed off North Palm Drive, providing a total of 87 parking spaces. Parking will be provided on levels P1 and P2, while residential storage will be provided on the third subterranean level (P3). The surface parking lot will provide a total of 16 commercial parking spaces. Of the 103 total parking spaces provided, 23 spaces will be allocated for the commercial portion of the Project and 80 parking spaces will be allocated to the residential portion. The Project site is a 20,665 SF rectangular lot located on the north side of Wilshire Boulevard, within the City’s C-3, Commercial Zone and MU, Mixed-Use Overlay Zone.
The Project also includes the following components as it pertains to density bonus laws:
Density Bonus: State density bonus standards allow for a certain percentage of increase in density, which is based on the proportion of units of the site’s base density (i.e., the maximum number of units allowed under the General Plan and Beverly Hills Municipal Code (BHMC) density standards without the inclusion of bonus units) that are designated as affordable housing units. In the case of the Project, the number of base units that may be built under the City’s General Plan and BHMC is 38 units and the number of affordable housing units proposed are six units (very low income), resulting in an overall affordable unit percentage of 15.7%. The density bonus standards state that whenever 15% or more of a project’s base density is designated as affordable to very low-income households, a 50% increase in density shall be provided and all density calculations are required to be rounded up to the next whole number. Therefore, approval of the Density Bonus Permit, DocuSign Envelope ID: F98F4944-C89D-4447-B54A-B40596257227 4 with the inclusion of six affordable housing units, will allow for a maximum density of 57 units. The Project includes 56 dwelling units.
Development Incentives/Concessions: Pursuant to state density bonus law, development projects where at least 15% of the base units are affordable to very lowincome households are entitled to three development incentives/concessions (hereafter referred to as incentives), which result in identifiable and actual cost reductions to provide for affordable housing costs or for rents of project’s affordable housing units. Separately, an Applicant may also request waivers from development standards that have the effect of physically precluding the construction of a development at the densities allowed or with the incentives permitted. Waivers must be granted unless such a request would cause a specific adverse public health or safety impact, harm historical property, or would be contrary to any state or federal laws. Waivers do not count as an incentive and there is no limit on the number of development standard waivers that may be requested or granted provided each would preclude development at the densities allowed or with the incentives permitted. No incentives are requested. Accordingly, the waivers requested by the Applicant are as follows:
Incentives: None
Waivers:
1. Building Height: BHMC §§10-3-1880 and 10-3-2804 establish the maximum allowable height for development proposed in the City’s MU Overlay Zone. The Project site is located in Height District A and subject to a maximum allowable height of DocuSign Envelope ID: F98F4944-C89D-4447-B54A-B40596257227 5 45’. The applicant is requesting a waiver to allow additional height (38’-11”) for a total maximum building height of 83’-11”.
2. Number of Stories: BHMC §§10-3-1880 and 10-3-2804 establish the maximum number of stories allowed for development proposed in the City’s MU Overlay Zone. The Project site is located in Height District A and subject to a maximum of three (3) stories. The Applicant is requesting a waiver to allow an additional five stories, to include the fourth through seven stories of the project, as well as the proposed 180 SF of rooftop restrooms, which are considered the eighth story to the building pursuant to the height provisions of the BHMC that are applicable to the Mixed-Use Overlay Zone.
3. Rear Setbacks: BHMC §10-3-1952.A. establishes the required setbacks for development of projects located in the City’s Commercial-Residential Transition Area.
Pursuant to this section, a 6’-0” rear setback is required. The Applicant is requesting a waiver pursuant to Density Bonus Law to allow for a reduction in the required rear setback from 6’-0” to 0’-0”.
Alternative Parking Standards: Assembly Bill (AB) 2097, which became effective on January 1, 2023, prohibits public agencies from imposing or enforcing any minimum automobile parking requirement on certain residential, commercial, or other development projects that are located within ½ mile of a major transit stop. The Project site is located within 0.33 miles of the future Metro Purple (D Line) Wilshire/Rodeo Station, which is currently under construction on the southwest corner of Wilshire Boulevard and South Reeves Drive. Prior to this change in state law, the City’s Municipal Code would have required the Project to provide a total of 162 parking spaces, although Density Bonus Law would limit how much parking could be required. Although pursuant to AB 2097, the City DocuSign Envelope ID: F98F4944-C89D-4447-B54A-B40596257227 6 does not have the authority to require parking for the Project, the Applicant is proposing to provide 103 parking spaces. The Applicant has designed the Project to provide parking for the ground floor commercial uses on the surface level parking lot and on level P1 of the subterranean parking garage, with a total of 23 parking spaces provided for commercial uses. Parking for the residential portion of the Project will be provided on levels P1 and P2 of the subterranean garage, with 80 parking spaces provided between the two levels. The parking spaces will be made available on equal terms to all tenants, regardless of income level, and subject to availability.
Section 3. 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 Planning Commission has reviewed the Class 32 Exemption report prepared for the Project, which is hereby incorporated by reference, and based on that analysis finds that the request is exempt from CEQA pursuant to Section 15332 of the CEQA Guidelines. A Class 32 Categorical Exemption is applicable to the construction of in-fill development projects. Therefore, the Planning Commission hereby finds the Project exempt from further review under CEQA.
Section 4. Notice of the Project and public hearing was mailed on January 19, 2024, 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 19, 2024. On February 8, 2024, the Planning Commission considered the application at a duly noticed public hearing. Evidence, both oral and written, was presented at said hearing.
DocuSign Envelope ID: F98F4944-C89D-4447-B54A-B40596257227 7 Section 5. In considering the request for approval of a Development Plan Review and Density Bonus Permit, pursuant to Section 10-3-3104 of the Beverly Hills Municipal Code (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.
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 6. Based on the foregoing, the Planning Commission hereby finds and determines as follows with respect to the Development Plan Review and Density Bonus Permit:
1. As discussed in Section 4 (Page 26) of the Class 34 Categorical Exemption report (Attachment G of the February 8, 2024, Planning Commission staff report), the Project is consistent with various goals and policies of the City’s General Plan, in particular, the Land Use and Housing Elements of the Plan. Additionally, the height and density of the Project are based on the allowable base heights and densities of the BHMC, DocuSign Envelope ID: F98F4944-C89D-4447-B54A-B40596257227 8 taking into account waivers pursuant to state density bonus law which would render certain standards inapplicable to this Project. Furthermore, the Project is not located within any specific plans adopted for the area.
2. There are no active requests for discretionary planning approval of new commercial, multi-family, or single-family residences within 500’ of the Project site.
Additionally, the Project will be required to submit a construction management plan during the building plan check to ensure that the proposed work will not adversely affect any planning improvements or construction in the area. The proposed Project will intensify development on the Project site, and it may result in changes visible to the streetscape that may appear out of character with the existing commercial area, due to the proposed increase in height and reduced setbacks; however, it is unlikely to inhibit the future development of nearby properties. As future development within the City’s Mixed Use Overlay area occurs, it is likely that, over time, new developments that are proposed in the Mixed Use Overlay Zone would include designs that are similar in scale and mass to the proposed Project. The proposed Project is also not expected to exhibit any long-lasting impacts on existing nearby development because it is consistent with the applicable General Plan policies and standards and because existing development to the south, east, and west of the Project site is similar in scale to the Project, with other six- to seven-story buildings developed on properties located along Wilshire Boulevard. Existing commercial development directly adjacent to the east, west, and south of the Project site consists of two- and three-story commercial buildings with an approximate height of 45’-0”. As such, the Project, as conditioned, will not adversely affect existing and anticipated development in the vicinity and will promote harmonious development of the area.
DocuSign Envelope ID: F98F4944-C89D-4447-B54A-B40596257227 9 3. The Project provides commercial uses exclusively on the ground floor of the project; the upper stories of the project would be occupied by multi-family residential uses and residential-serving amenities. The commercial portion of the Project is not designed with any publicly accessible openings to the rear or sides of the property that will have the potential to cause significant noise or privacy impacts to the neighboring singlefamily residential properties to the rear along North Maple Drive. The commercial uses are designated to be oriented toward Wilshire Boulevard. Furthermore, any retail or commercial use would be required to comply with the prescribed hours of operation outlined in the BHMC for properties in the Commercial-Residential Transition area, unless otherwise authorized by the Planning Commission as part of an Extended Hours Permit.
The rooftop outdoor area is oriented to be setback approximately 3’-0” from the rear of the building with a landscape buffer providing plants, shrubs, and trees ranging from 2’-0” to 30’-0” when mature. This, including the 35’-0” wide alley may provide additional screening from the single-family residential properties to the north. There will be potential views into the neighboring residential properties to the north, as there are private and common balconies proposed on floors two through seven. The existing width of the alley provides additional separation between the proposed project and residential properties.
Within the 35’-0” wide alley, there is a 20’-0” wide roadway and a 13’-0” wide public right-of-way to the north of the roadway. Within the public right-of-way there are existing palm trees approximately between 30’ and 40’ feet in height, which may provide additional screening to the neighboring residential properties from the fifth, sixth, and seventh floors.
As such, the nature, configuration, location, density, height, and manner of operation of the commercial portion of the development proposed will not significantly and adversely DocuSign Envelope ID: F98F4944-C89D-4447-B54A-B40596257227 10 interfere with the use and enjoyment of residential properties in the vicinity of the subject property.
4. As provided in Section 4 (Page 39) in the CEQA Class 32 Categorical Exemption Report (Attachment G of the February 8, 2024, Planning Commission staff report), the proposed Project is screened out from providing a traffic analysis per the City’s adopted Vehicle Miles Traveled (VMT) thresholds because it is located within a Transit Priority Area (TPA). The proposed project is further screened out from providing a Local Transportation Assessment (LTA) as the proposal includes less than 87 dwelling units and less than 12,000 SF of retail. Pedestrian and vehicle access to the Project site will continue to be provided by Wilshire Boulevard and through the rear one-directional alley off North Palm Drive. The Project will include the construction of new driveway aprons in compliance with City’s driveway standards to improve ingress and egress to the Project site. No improvements to the existing roadway will be required as a result of the Project and the Project will not alter the existing traffic patterns along the Wilshire Boulevard roadway. As such, no design changes will be introduced that would introduce sharp curves, dangerous intersections, or incompatible on-site uses. Furthermore, implementation of the Project will not create new obstructions to emergency access in the Project area. Therefore, the proposed Project will not create any significantly adverse traffic impacts, traffic safety hazards, pedestrian-vehicles conflicts, or pedestrian safety hazard.
5. The Project site is located within a Commercial-Residential Transition Area. Therefore, the Project must be consistent with regulations that require the implementation of certain design features, which include: a setback from residential properties, construction of site walls, and installation of landscaping to provide a buffer DocuSign Envelope ID: F98F4944-C89D-4447-B54A-B40596257227 11 between the Project and the adjacent single-family residential properties to the north. The requested rear setback has been requested to be waived as part of the state density bonus request. The proposed rooftop area is setback from the edge or the roof and landscaped to provide buffering and some visual screening to obscure views from the rooftop into the adjacent single family residential area and minimize privacy impacts on the residential properties to the north. Additionally, as conditioned, the Project incorporates measures to minimize noise and operational impacts associated with commercial uses located in proximity to residential uses, such as limiting the use of the roof deck area to between the hours of 7:00 A.M. to 10:00 P.M.; prohibiting amplified music on the rooftop; and limiting access to residential occupants only. As such, the Project will not be detrimental to the public health, safety, or general welfare.
Section 7. In evaluating the Project, the Planning Commission considered whether the Project meets the following objectives of the Mixed-Use Overlay Zone, pursuant to Section 10-3-1872 of the BHMC, as detailed below:
1. Expanding the options and opportunities for certain commercial property owners and developers by allowing for combinations of commercial uses, and multi-family residential uses subject to specific standards, rules and procedures.
2. Creating the potential for more intensive development in certain neighborhoods, while maintaining realistic buffers between commercial and residential zones to ensure there is harmonious development in the area.
3. Expanding housing options for diverse socioeconomic populations in the City including seniors, young people, populations that wish to be transit-adjacent and populations that will benefit from development near an urban core.
DocuSign Envelope ID: F98F4944-C89D-4447-B54A-B40596257227 12 4. Retaining the commercial tax base and streetscape character that exists in the City by encouraging neighborhood-serving and pedestrian-friendly commercial uses.
5. Concentrating new housing and amenities near existing and anticipated transportation nodes and stations to encourage the use of alternative modes of transportation to automobile travel.
6. Allowing projects that are appropriately designed to achieve the desired neighborhood character, while providing development standards to minimize impacts of commercial uses to adjacent residential zones, and to encourage symbiotic uses.
Section 8. Based on the foregoing, the Planning Commission hereby finds and determines as follows with respect to the objectives of the Mixed-Use Overlay Zone:
1. The proposed Project seeks to redevelop an existing vacant commercial property for new mixed-use development that includes pedestrian-serving retail uses on the ground floor, as well as new multi-family residential housing stock. The Project provide 7,926 SF of new commercial uses on the ground floor that will serve the proposed residential uses on the property and other residents, workers, and visitors in the vicinity of the Project site. The residential portion of the Project will provide a total of 56 new dwelling units, six units of which will be reserved for rental to very low-income households. The project will also provide approximately 4,750 SF of residential communal workspaces and conference room, which may enable residents who work from home to have a co-working space within their own residential building. In all, the Project provides a combination of commercial and multi-family uses at the Project site designed in compliance with the applicable development standards in the MU Overlay Zone and state density bonus law.
DocuSign Envelope ID: F98F4944-C89D-4447-B54A-B40596257227 13 2. The Project is designed to provide for more intensive development on an existing commercial corridor, in a prime location to further connect residential neighborhoods to commercial retail and restaurant uses, and in a neighborhood with developments of similar scale. The Project will replace a vacant commercial building formerly used as a medical office with new commercial uses on the ground floor facing Wilshire Boulevard. Approximately 7, 926 SF of new commercial floor area will be provided on the first floor, with 56 new dwelling units provided on the second, third, fifth, sixth, and seventh floors of the project. The fourth floor would be reserved for approximately 13,430 SF of residential amenities including a gym, including a dance and yoga studio; three recreational rooms, including table tennis and billiards; a spa, including a meditation room, two treatment rooms, sauna and steam rooms; several workspaces and conference rooms for use by residential tenants. The frontage along North Maple Drive will be planted with various species of landscaping material proposed at varied maximum heights including grasses, shrubs and trees. The landscaping in this area will include the relocation of a fine art piece previously required by the city to be located on the site facing North Maple Drive. The building design will be consistent with other existing commercial buildings along Wilshire Boulevard and in the project area.
3. The Project promotes the expansion of housing options for diverse socioeconomic populations in the city by providing 56 new dwelling units, with 50 units proposed as market-rate rental housing and six dwelling units reserved for rental to very low-income households, including a wide range of unit size for various household sizes.
The location of the Project and its proximity to commercial corridors and public transportation may encourage the use of alternative modes of transportation. The proposed DocuSign Envelope ID: F98F4944-C89D-4447-B54A-B40596257227 14 residential amenities will also appeal to residents who work from home or those seeking a resident-focused communal workspace.
4. The Project will provide approximately 7,926 SF of new commercial uses on the ground floor that will serve the residential uses on the property and other residents, workers, and visitors in the vicinity of the Project site. The Project’s ground floor commercial uses retain the Project site’s contribution to the City’s commercial tax base.
The existing building is a vacant medical office, previously providing minimal pedestrianoriented development. The Project’s pedestrian accessible ground floor commercial area will introduce and enhance the streetscape and provide pedestrian-oriented development for this portion along Wilshire Boulevard.
5. The Project will provide 56 new dwelling units located in close proximity to existing and proposed public transit stops. The Project will be served by the existing Metro Bus lines that travel along Wilshire Boulevard, with the nearest Metro Station approximately 1,760 feet (0.33 miles) from the Project site located on the southeast corner of Wilshire Boulevard and South Reeves Drive (Wilshire/Rodeo Station, currently under construction). The location of the Project and its proximity to public transportation may encourage the use of alternative modes of transportation to automobile travel.
6. The Project will provide a mix of new pedestrian-serving commercial uses and new multi-family residential uses that are designed to meet the desired character and purpose of the MU Overlay zone by providing for mixed use development to encourage vibrant, walkable neighborhoods, increase the availability of housing, and preserving the vitality of existing commercial corridors. The Project will introduce new commercial uses that will serve nearby commercial and residential uses near the vicinity of the Project, as DocuSign Envelope ID: F98F4944-C89D-4447-B54A-B40596257227 15 well the future residential tenants of the proposed 56 dwelling units in the development.
The Project is designed in compliance with the applicable development standards in the MU Overlay Zone and state density bonus law and is designed to provided landscaped building setbacks at the rear of the Project site to provide a buffer between the neighboring residential properties to the west of the Project site.
Section 9. Based on the foregoing, the Planning Commission hereby approves the requested Development Plan Review and Density Bonus Permit and related development standard waivers associated with the construction the new eight-story mixed-use development Project with ground floor commercial uses, 56 dwelling units, and rooftop bathrooms at 9229 Wilshire Boulevard, subject to the following conditions:
Project-Specific Conditions
1. The Planning Commission hereby approves the requested waivers for building height, number of stories, and rear setback requirements. The total height shall not exceed 83’-11”, inclusive of the rooftop restrooms. The number of stories shall not exceed eight stories, inclusive of the rooftop restrooms; no residential units shall be located above the seventh story.
2. This approval is for those plans submitted to the Planning Commission on February 8, 2024, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval.
3. Minor amendments to the plans shall be subject to approval by the Director of Community Development or her/his designee. A significant change to the approved Project shall be subject to Planning Commission review. Construction shall be in DocuSign Envelope ID: F98F4944-C89D-4447-B54A-B40596257227 16 conformance with the plans approved herein or as modified by the Planning Commission or Director of Community Development or her/his designee.
4. The Planning Commission reserves jurisdiction relative to traffic, parking, loading, and noise issues and the right to impose additional conditions as necessary to mitigate any other unanticipated impacts caused by the Project as they arise. In the event that the Project is found to result in any unanticipated impacts and a hearing is scheduled to review the Project, the full cost of the review hearing and implementation of any additional conditions or mitigation measures shall be paid by the Property Owner.
5. Project Plans are subject to compliance with all applicable zoning regulations, except as may be expressly modified herein. Project plans shall be subject to a complete Code Compliance review when building plans are submitted for plan check.
Compliance with all applicable Municipal Codes is required prior to the issuance of a building permit. Further, the Project shall comply with all prerequisites to the issuance of a demolition permit as set forth in the Municipal Code and these conditions of approval before any such demolition permit shall be issued.
6. Prior to the issuance of building permits, the design, materials, and finish of the building and landscaping shall be subject to the review and approval by the Architectural Commission.
7. Prior to receiving a certificate of occupancy for the commercial space within the Project, the Applicant shall provide a valet operation plan, subject to review and approval by the Director of Community Development or their designee. The plan shall include a requirement that valet be provided during all hours of operation for any retail or DocuSign Envelope ID: F98F4944-C89D-4447-B54A-B40596257227 17 restaurant uses established at the site and shall include a prohibition on using public streets to park vehicles.
8. This property shall not be eligible for participation in any residential permit parking program.
9. Any modifications or relocation of the required fine art piece shall be subject to the review and approval by the Arts and Culture Commission.
10. Landscaping shall be maintained for the life of the Project in substantial compliance with the landscape plan included in the approved plans. Any modification to landscaping shall be subject to review and approval by the Community Development Director or his/her designee for a consistency determination with the original approval.
11. The Applicant agrees to fund the addition of plant material in the planter area on the north side of the adjacent alley between North Maple Drive and North Palm Drive in order to provide a hedge-like visual barrier between the north-facing balconies of the Project and the adjacent single-family residences, at the discretion of and subject to the approval by the Directors of Community Development and Public Works. The funds shall be deposited to the City prior to issuance of a certificate of occupancy for the residential portion of the project.
12. As shown on the landscape plans approved by the Planning Commission, a minimum 3’-0” landscaped setback area shall be maintained for the life of the Project the roof edge on the north and west sides of the roof deck area. The landscaping shall be maintained at a minimum of 3’-0” in height to provide additional screening to the neighboring properties.
DocuSign Envelope ID: F98F4944-C89D-4447-B54A-B40596257227 18 13. As shown on the plans reviewed and approved by the Planning Commission, at least 13,430 square feet of enclosed residential amenity space, and up to 1,300 SF of leasing office space, located on the fourth floor of the Project shall be maintained for the life of the Project. The residential amenity space is considered an extension of the livable space of the residential units in the Project . Such residential amenity space shall be located above grade and shall not be located in any subterranean portion of the Project. Any requests to remove or reduce the floor area of the enclosed residential amenity space shall require approval by the Planning Commission.
14. Commercial uses shall not be permitted above the third story of the Project pursuant to Beverly Hills Municipal Code Section 10-3-1877.C.
15. The Project shall be operated as a rental property and shall maintain a minimum of six (6) dwelling units designated for occupancy by very low-income households. One dwelling unit shall be a three-bedroom unit, three of the dwelling units shall be two-bedroom units, and two dwelling units shall be one-bedroom units. The City of Beverly Hills or its designee shall be responsible for administering these units.
Affordability of these units by said households shall be guaranteed for a minimum of 55 years and subject to a recorded affordability restriction for a minimum of 55 years in accordance with Cal. Govt. Code Section 65915 or its successor statute.
16. The Applicant shall record covenants and/or deed restrictions as determined by the City Attorney to ensure that the rental price of the affordable housing units does not exceed an amount determined to be affordable to very low-income households. Very lowincome households are defined in Cal. Govt. Code Section 50079.5 and the California Department of Housing and Community Development provides a process for determining DocuSign Envelope ID: F98F4944-C89D-4447-B54A-B40596257227 19 affordable housing costs. The covenants and/or restrictions on the affordable housing shall be in effect for a period of not less than 55 years.
17. An inclusionary housing agreement which includes provisions and terms for meeting the requirements of the City’s inclusionary housing requirements shall be approved by the city manager and city attorney and recorded as a deed restriction against the property prior to issuance of either a grading or building permit, whichever comes first.
18. The occupants of the affordable housing units within the Project shall have the same access to the common entrances, common areas, and amenities, including parking, as the occupants of the market-rate housing units and the affordable housing units shall not be isolated to a specific floor or an area on a specific floor. This would also include the fourth-floor residential amenities including, the gym, dance and yoga studios, recreational rooms, spa, and residential workspaces and conference room. Further, the affordable housing unit shall have the same number and type of appliances as the market rate housing units, which shall include, at a minimum, one (1) refrigerator, one (1) washer, and one (1) dryer.
19. To mitigate potential noise impacts to neighboring residents, use of the roof deck areas shall be limited to between the hours of 7:00 a.m. to 10:00 p.m., daily, and signage indicating such restrictions shall be installed on the rooftop.
20. Amplified music and voices shall be prohibited on the rooftop.
21. Lighting on the Project site, including rooftop areas, shall comply at all times with the Beverly Hills Municipal Code’s restrictions on lighting of premises.
22. All outdoor living spaces for the Project, including those provided on balconies (including the balconies for the 4th floor amenity space) and the rooftop areas, DocuSign Envelope ID: F98F4944-C89D-4447-B54A-B40596257227 20 shall only be made available for use by Project residents and their guests. No commercial occupant of the Property shall use the rooftop facilities or balcony areas at any time.
23. A parabolic mirror, light system, and vehicle stop sign shall be installed at the parking egress points in order to ensure visibility for exiting vehicles and to warn alley traffic of exiting vehicles; no sound shall be utilized for the light system. Such features shall not be placed in or project into the City’s public right-of-way. Additionally, signage shall be installed at the parking area egress points, in an area visible to drivers, indicating that vehicles may only turn left into the alley and that right turns into the alley are prohibited.
24. The Project shall operate at all times in a manner not detrimental to surrounding properties or residents by reason of light, noise, activities, parking, or other actions.
25. The Project shall operate at all times in compliance with Municipal Code requirements for Noise Regulation.
Construction-Related Conditions
26. The Applicant shall submit a Construction Traffic Management Plan to the Community Development Department for review and such Construction Traffic Management Plan shall be approved by the City’s Traffic Engineer prior to the earlier of the issuance of a demolition or the issuance of a building permit. The Construction Management Plan shall include, at a minimum the following:
a. Written information about the construction parking arrangements and hauling activities at different stages of demolition and construction to be DocuSign Envelope ID: F98F4944-C89D-4447-B54A-B40596257227 21 reviewed and approved by the Engineering Division of Public Works and the Building & Safety Department.
b. Information regarding the anticipated number of workers, the location of parking with respect to schedules of the demolition and construction period, the arrangements of deliveries, hauling activities, the length of time of operation, designation of construction staging area and other pertaining information regarding construction related traffic.
c. The proposed demolition construction staging for this Project to determine the amount, appropriate routes and time of day of heavy hauling truck traffic necessary for demolition, deliveries, etc., to the subject site.
27. The Applicant shall obtain the appropriate permits from the Community Development Department and the Public Works Department for the placement of construction canopies, fences, etc., for the construction of any improvements in the public right-of-way, and for use of the public right-of-way for staging and/or hauling certain equipment and materials related to the Project.
28. The Applicant shall post the names and telephone numbers of two construction representatives for the Project and a City contact on all construction fence signs. The phone numbers shall be manned at all times during construction hours.
29. Prior to the issuance of a building permit, all applicable Park and Recreation Facilities Taxes required by the Municipal Code shall be paid.
30. The Applicant shall remove and replace all public sidewalks adjacent to the Project site that are rendered defective as a result of Project construction, as determined by the City Engineer.
DocuSign Envelope ID: F98F4944-C89D-4447-B54A-B40596257227 22 31. The Applicant shall remove and replace all curbs and gutters adjacent to the Project site that are rendered defective as a result of Project construction, as determined by the City Engineer.
32. The Applicant shall protect all existing street trees adjacent to the subject site during construction of the Project. Every effort shall be made to retain mature street trees. No street trees, including those street trees designated on the preliminary plans, shall be removed and/or relocated unless written approval from the Public Works Department and the City Engineer (or his/her designee) is first obtained.
33. Removal and/or replacement of any street trees shall not commence unless and until the Applicant has provided the City with an improvement security to ensure the establishment of any relocated or replaced street trees. The security amount will be determined by the Director of Public Works (or his/her designee), and shall be in a form approved by the Director of Community Development.
34. The Applicant shall remove and reconstruct any existing improvements in the public right-of-way damaged, including but not limited to the adjacent alley, during construction operations performed under any permits issued by the City.
35. Condensation from HVAC and refrigeration equipment shall drain to the sanitary sewer, not curb drains.
36. The Applicant shall ensure that all groundwater discharges to a storm drain.
All ground water discharges must have a permit (NPDES) from the Regional Water Quality Control Board. Connection to a storm drain shall be accomplished in the manner approved by the City Engineer and the Los Angeles County Department of Public Works.
DocuSign Envelope ID: F98F4944-C89D-4447-B54A-B40596257227 23 37. The Applicant shall provide for all utility facilities, including electrical transformers required for service to the proposed structure(s), to be installed on the subject site. No such installations will be allowed in any City right-of-way.
38. The Applicant shall underground, if necessary, the utilities in adjacent streets per requirements of the Utility Company and the City.
39. The Applicant shall make connection to the City’s sanitary sewer system through the existing connections available to the subject site, unless otherwise approved by the City Engineer, and shall pay the applicable sewer connection fee. The costs of any upgrades necessary to provide the Project with utility connections shall be the responsibility of the Applicant.
40. The Applicant shall make connection to the City’s water system through the existing water service connection unless otherwise approved by the City Engineer. The size, type, and location of the water service meter installation will also require approval from the City Engineer. The costs of any upgrades necessary to provide the Project with utility connections shall be the responsibility of the Applicant.
41. Any streets and alleys surrounding the Project site that are damaged as a result of Project construction shall be repaved and restored to the street centerline.
42. All survey monuments, streetlights, and underground utilities, and any existing offsite improvements affected by the construction shall be re-established according to the City standards and shall be paid for by the Applicant. No privately-owned structures or improvements are permitted within the public right-of-way without an encroachment permit.
DocuSign Envelope ID: F98F4944-C89D-4447-B54A-B40596257227 24 Standard Conditions
43. APPEAL. Decisions of the Planning Commission may be appealed to the City Council within fourteen (14) days of the Planning Commission action by filing a written appeal with the City Clerk. Appeal forms are available in the City Clerk’s office.
An appeal fee is required.
44. RECORDATION. This resolution approving this Development Plan Review and Density Bonus 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.
45. EXPIRATION. Development Plan Review and Density Bonus Permit: The exercise of rights granted in such approvals shall be commenced within three (3) years after DocuSign Envelope ID: F98F4944-C89D-4447-B54A-B40596257227 25 the date of approval of this resolution, as provided for in BHMC §10-3-207.A., unless otherwise extended.
46. VIOLATION OF CONDITIONS: A violation of any of these conditions of approval may result in enforcement action by the City until such violation is abated or the entitlement granted herein is revoked pursuant to Section 10-3-258 of the BHMC, or its successor regulation. All costs incurred by the City as a result of abatement of a violation on the property shall be reimbursed by the party in breach of this resolution.
47. APPROVAL RUNS WITH LAND. These conditions shall run with the land and shall remain in full force for the duration of the life of the Project. \\\
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DocuSign Envelope ID: F98F4944-C89D-4447-B54A-B40596257227 26 Section 10. 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: February 8, 2024
Gary 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
Assistant Director of Community
Development/City Planner
DocuSign Envelope ID: F98F4944-C89D-4447-B54A-B40596257227
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. 2050 duly passed, approved and adopted by the Planning Commission of said City at a meeting of said Commission on February 8, 2024, 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 Milkowski, Wolfe, Demeter, 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: F98F4944-C89D-4447-B54A-B40596257227 Certificate Of Completion
Envelope Id: F98F4944C89D4447B54AB40596257227 Status: Completed Subject: Please DocuSign: PC Reso 2050 - 9229 Wilshire Blvd.pdf Source Envelope:
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