BEVERLY
HILLS
AGENDA REPORT
Meeting Date: May 7, 2024
Item Number: E-9
To: Honorable Mayor & City Council
From: Daren Grilley, Assistant Director of Public Works/City Engineer Samer Elayyan, Engineering Services Manager
Subject: RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY
HILLS APPROVING THE FINAL MAP FOR VESTING TENTATIVE
TRACT MAP NO. 74391 (9908 SOUTH SANTA MONICA
BOULEVARD), AND ACCEPTING, SUBJECT TO IMPROVEMENT,
A RIGHT-OF-WAY DEDICATION: AND APPROVING A
SUBDIVISION IMPROVEMENT AGREEMENT WITH 9908 SANTA
MONICA BLVD., LLC
Attachment: Resolution
• Final Tract Map
Covenant and Agreement with City Council Resolution No. 20-R-13277 conditionally approving the Vesting Tentative Tract Map on February 18, 2020
74391 on September 9, 2021
5. Location Map
6. Community Development Memorandum Regarding
Compliance with Conditions of Approval
7. Subdivision Improvement Agreement
RECOMMENDATION
It is recommended that City Council find the Final Map conforms to the tentative map, all applicable requirements of the State Subdivision Map Act, and the City's subdivision ordinances, and adopt a resolution approving the final map for Tract Map No. 74391, accepting, subject to improvement, an alley dedication and approve a subdivision improvement agreement with 9908 Santa Monica Blvd., LLC.
Meeting Date: May 7, 2024
INTRODUCTION
This report is a request for City Council adoption of the findings that Tract Map No. 74391 located at 9908 South Santa Monica Boulevard is consistent with the previously approved vesting tentative tract map and that the tentative map conditions have been met. It also provides for City Council adoption of a resolution approving the Final Map for Tract Map No. 74391 (Attachment No. 1) and accepting a 2.5-foot dedication of right-of-way for the alley along the southern edge of the project, as shown on the Final Map (Attachment No. 2). Additionally, since the public improvements associated with this subdivision have not been completed, a subdivision improvement agreement between the City and 9908 Santa Monica Blvd., LLC is required to ensure compliance with the conditions of approval.
DISCUSSION
At its meeting on February 18, 2020, City Council approved Vesting Tentative Tract Map No. 74391 and adopted Resolution No. 20-R-13277 (Attachment No. 3), which allowed for up to 25 condominium units along with ground floor commercial space. Further, City Council, on February 18, 2020, adopted Ordinance No. 20-0-2802 approving a development agreement for the project.
On September, 2021, the Planning Commission adopted Resolution 1954 (Attachment No. 4) approving amendments to Vesting Tentative Tract Map No. 74391 and a planned development to allow construction of a retail and residential mixed use project with 17 residential condominium units and one unit for the ground floor retail space for the property located at 9908 South Santa Monica Boulevard.
9908 Santa Monica Blvd., LLC ("Applicant"), has prepared the Final Map (Attachment 2) associated with the construction of a mixed-use building consisting of seventeen (17) condominium units, approximately 12,560 square feet of ground-floor commercial space, a rooftop that includes private pools and a common residential amenity structure that includes a covered common patio area located at 9908 South Santa Monica Boulevard (Attachment No. 5).
Applicant submitted a Final Tract Map for approval by City Council that is substantially the same as the approved Tentative Tract Map. The Final Map meets all conditions imposed 1954 (as explained in the attached memo from the Community Development Department) (Attachment No. 6) and was approved by the City Engineer. Staff has now reviewed the Final Map and is recommending its approval by City Council. Pursuant to the State Subdivision Map Act, the City must approve the Final Map if it substantially conforms to the Tentative Map and "it conforms with all requirements of [the Map Act], and any local subdivision ordinance applicable at the time of approval or conditional approval of the Tentative Map." Approval of the Final Map will allow the Applicant to proceed with other steps necessary to sell the individual units.
Because the required public improvements included as conditions of approval in City Council Resolution No. 20-R-13277 have not been completed and accepted, City Council, as a condition precedent to the approval of the Final Map, shall require the applicant to enter into a subdivision improvement agreement (Attachment No. 7) with the City to thereafter complete the improvements at the Applicant's expense. Performance of the subdivision improvement agreement will be guaranteed by a form of security. The
Meeting Date: May 7, 2024
Subdivision Improvement agreement has been prepared and accepted by the applicant team, and a copy is attached as part of the approval resolution.
FISCAL IMPACT
There are no known financial impacts associated with this action.
Michael Forbes, Shana Epstein,
Director of Community Development Director of Public Works Approved By Approved By
Attachment 1
DocuSign Envelope ID: 6570ED43-3B0C-42D5-84CB-12947574B1CA RESOLUTION NO. 24-R-_
RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY
HILLS APPROVING THE FINAL MAP FOR VESTING TENTATIVE
TRACT MAP NO. 74391 (9908 SOUTH SANTA MONICA
BOULEVARD), AND ACCEPTING, SUBJECT TO IMPROVEMENT,
A RIGHT-OF-WAY DEDICATION; AND APPROVING A
SUBDIVISION IMPROVEMENT AGREEMENT WITH 9908 SANTA
MONICA BLVD., LLC
The Council of the City of Beverly Hills hereby finds, orders, and resolves as follows:
Section 1. Tentative Tract Map No. 74391 was initially submitted for approval of a mixed-use structure consisting of twenty-five (25) condominium units, ground- floor commercial space, and rooftop amenities. An amendment to the Tentative Tract Map was subsequently approved to allow seventeen (17) residential condominiums and a commercial condominium space for approximately 12, 560 square feet of ground-floor commercial, and a rooftop that includes private pools, and a common residential amenity structure that includes a covered common patio area located at 9908 South Santa Monica Boulevard, Beverly Hills.
Section 2. The City Council and Planning Commission conditionally approved said Vesting Tentative Tract Map, and the final map has been filed in a timely manner.
Section 3. The Council of the City of Beverly Hills finds as follows:
(a) The final map filed herein is in substantial compliance with the tentative tract map, as amended, and complies with all of the requirements of the California Subdivision Map Act and the City's subdivision ordinance.
B0785-1580\2957396v2.doc - 1-
DocuSign Envelope ID: 6570ED43-3B0C-42D5-84CB-12947574B1CA (b) The applicant has performed all conditions precedent to final map approval as required by the tentative map approval and has entered into a subdivision improvement agreement with the City to ensure that remaining off-site improvements are completed to the City's satisfaction.
(c) For the reasons set forth in the resolution approving the tentative map, the design of the subdivision and proposed improvements will not cause substantial environmental damage or any health problems and will not conflict with any public easements. (d) For the reasons set forth in the resolution approving the tentative map, the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the California Regional Water Quality Board.
Section 4. The Council of the City of Beverly Hills does hereby resolve as follows:
(a) The final map for Tract Map No. 74391 is approved.
(b) The streets, alleys, highways, and other public ways shown on the map are accepted, subject to improvements, on behalf of the public. (c) The Subdivision Improvement Agreement is approved.
Section 5. The City Clerk is directed to record the Final Map along with the Subdivision Improvement Agreement.
B0785-1580\2957396v2.doc -2-
DocuSign Envelope ID: 6570ED43-3B0C-42D5-84CB-12947574B1CA Section 6. The approval of the Final Tract Map shall be construed as approval of only those matters expressly shown or stated in the map, and shall not be construed as an approval of any other matters submitted to or considered by the Planning Commission or the Council and not expressly shown or stated on the Final Map or in this resolution.
Section 7. The City Clerk shall certify to the adoption of this resolution and shall cause this resolution and her certification to be entered in the Book of Resolutions of the Council of this City.
Adopted:
LESTER J. FRIEDMAN
Mayor of the City of Beverly Hills,
California
ATTEST:
(SEAL)
HUMA AHMED
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
David Snow for
LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager
Shana E. Epstein
SHANA E. EPSTEIN
Director of Public Works
B0785-1580\2957396v2.doc -3-
Attachment 2
1 LOT
SHEET 1 OF 3 SHEETS
35,284 SQ. FT. VESTING
TRACT NO. 74391
IN THE CITY OF BEVERLY HILLS
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
FOR CONDOMINIUM PURPOSES
BEING A RESUBDIVISION OF LOTS 740, 741, 742, 743, 744 AND 745 OF TRACT NO. 7710, IN THE CITY OF BEVERLY HILLS. COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 83 PAGES 94 AND 95 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
CHRISTOPHER JONES, P.L.S. 8193 DECEMBER 2022
OWNER'S STATEMENT SURVEYOR'S STATEMENT
WE HEREBY SIAlE THAI WE ARE THE OWNERS OF OR ARE INTERESIED IN THE LAND THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A
INCLUDED WITHIN THE SUBDIVSION SHOWN ON THIS MAP WITHIN THE DISTINCTIVE FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP BORDER LINES, AND WE CONSENT PREPARATION AND FILING SAID MAP AND ORDINANCE AT THE 9908 SANTA MONICA MIND SUBDIVISION. AINL DEDICATE InC PUBLIC USE ALL STREETS, DELAWARE LIMITED LIABILITY COMPANY
THE MONUMENTS ARE OF CHARACTER
INDICATED AND THAT THE MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO 9908 SANTA MONICA BLD., LLC, A DELAWARE LIMITED LIABILITY COMPANY, OWNER. BE RETRACED, AND THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP. I HEREBY STATE THAT SAID SURVEY IS TRUE AND COMPLETE AS SHOWN.
NAME: HAD CPRESENTATIVE
A NOTARY PUBLIC OR OTHER OFFICER COMPETING THIS CERTIFICATE No.8193 VERIFIES ONLY THE IDENTITY OF THE INDIVDUAL WHO SIGNED THE 01/04/2023 DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED AND NOT THE NO. 8193 NATE CALTAT CHRIST ONES, P.L.S.
TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.
STATE OF NEW YORK CITY ENGINEER'S STATEMENT
COUNTY OF NEW YORK
I HEREBY STATE THAT I HAVE EXAMINED THIS MAP:
BEFORE ME, J.I. Jallael SHOWN IS SUBSTANTIALLY THE APPEARED AND ON Tanver 17, 2003 ANY APPROVED ALTERATIONS THEREOF: SUBDIVISION ERSONALLY APPEARED GENGHIS HAO. WHO PROVED TO ME MAP ACT AND SUBDIVISION ORDINANCES OF THE CITY BEVERLY
ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONS) WHOSE NAMES) HILLS APPLICABLE TENTATIVE MAP HAVE BEEN IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT COMPLIED WITH, AND THAT I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT.
HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES),
AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT, THE PERSON(S) OR
THE ENTITY UPON BEHALF OF WHICH THE PERSONS) ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF Se bold 3/20/23 CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. DAVID G. GILBERTSON, PLS DATE LARICE CUTORAL
ACTING CITY ENGINEER, CITY OF BEVERLY HILLS
WITNESS MY HAND AND OFFICIAL SEALL
SIGNATURE
NOTARY TALA NOTARY PUBLIC, STATE CE CITY CLERK CERTIFICATE
NAME OF NEW YORK
COUNTY IN WHICH COMMISSIONED NEw YoRE
DATE COMMISSION EXPIRES Merel 22, 2020 I HEREBY CERTIFY THAT THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS BY COMMISSION NUMBER 025A 6415724 ADOPTED ON THE
THE PUBLIC ALL
ATTACHED MAP
A NOTARY PUBLIC OR OTHER OFFICER COMPETING THIS CERTIFICATE
VERIFIES ONLY THE IDENTITY OF THE INDIMDUAL WHO SIGNED THE CITY CLERK OF THE CITY OF BEVERLY HILLS DATE
DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, , AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.
STATE OF NEW YORK SPECIAL ASSESSMENT STATEMENT
COUNTY OF NEW YORK > 55 IF THE CIST OF BEVERLY HITS ASSESSMENTS LEVED UNDER THE JURISDICTION
INCLUDED WITHIN
ON JANUaRY 18,2023 BEFORE ME. ANY PART THEREOF IS SUBJECT, AND WHICH MAY BE PAID IN FULL
HAVE REEN PAIN IN FILI
PERSONALLY APPEARED WHO PROVED TO ME
ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAMES)
IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES). CITY TREASURER OF THE CITY OF BEVERLY HILLS DATE
AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT, THE PERSON(S) OR
THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. CONDOMINIUM NOTE
IHIS IKACI IS APPROVED AS A CONDOMINIUM PROJECT FOR 18 UNITS, WHEREBY THE
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF THE UNITS OE AIR SPACE MIL HOIN AN HINDIMDED INTEREST IN THR CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. COMMON AREAS WHICH WILL, IN TURN, PROVIDE THE NECESSARY ACCESS AND UTILITY EASEMENTS FOR THE UNITS.
WITNESS MY HAND AND OFFICIAL SEAL
SIGNATURE
AME OF NOTARY LOS ANGELES COUNTY TAX CERTIFICATES
COUNTY IN WHICH COMMISSIONED HEREBY CERTIFY THAT ALL CERTIFICATES HAVE BEEN FILED AND
BATE COVVISSION FYPIRES
MADE REQUIRED UNDER THE
COMMISSION NUMBER PROVISIONS OF SECTIONS 66492 AND 66493 OF THE SUBDMSION MAP ACT.
BENEFICIARY
EXECUTIVE BOARD OF SUPERVISORS
DEUTSCHE BANK AG, NEW YORK BRANCH, IN ITS CAPACITY AS AGENT FOR LENDERS.
BENEFICIARY UNDER DEED OF TRUST RECORDED FEBRUARY 2022 INSTRUMENT LOS ANGELES COSTRY.
NO. 20220126505, OF OFFICIAL RECORDS, RECORDS
BY DATED .. 20-
In Mansingani DEPUTY
NAME:
ANSINSAN
A NOTARY PUBLIC OR OTHER OFFICER COMPETING THIS CERTIFICATE EXECUTIVE
VERIFIES ONLY THE IDENTITY OF THE INDIDUAL WHO SIGNED THE SUPERVISORS OF COUNTY LOS ANGELES AS SECURITY FOR
DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, THE PAYMENT
AND NOT THE
TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. THE LAND SHOWN ON THE MAP OF TRACT NO.
STATE OF NEW YORK
COUNTY OF NEW YORK EXECUTIVE OFFICER, BOARD OF SUPERVISORS
OF THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
January 18,2023 BEFORE ME. Sharold dunsane @ Eleni Seremeris ON
PERSONALLY APPEARED Mrinal Dansaani WHO PROVED TO ME BY DATED , 20
ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) DEPUTY
IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES).
AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT, THE PERSON(S) OR
THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE PARKS AND RECREATION FACILITIES CONSTRUCTION TAX NOTE INSTRUMENT. THE PARK AND RECREATION FACILITIES CONSTRUCTION TAXES SET FORTH IN CHAPTER 9 OF TITLE 8 OF THE BEVERLY HILLS MUNICIPAL MAY BE REQUIRED
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF TO BE PAID UPON THE ISSUANCE OF ANY BUILDING PERMIT FOR THE CONSTRUCTION
OF ANY BUILDING OR STRUCTURE OR ANY ADITION THERETO, ON ANY PROPERTY OR IN ANY BUILDING LOCATED IN THIS SUBDIVISION.
SIGNATS EY HAND AND OFFICIAL SEAL.
CICNATTIPS
NAME OF NOTARY
COMMISSION NUMBER 0137630
1 LOT
35,284 SQ. FT. VESTING SHEET 2 OF 3 SHEETS
TRACT NO. 74391
IN THE CITY OF BEVERLY HILLS
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
FOR CONDOMINIUM PURPOSES
CHRISTOPHER JONES, P.L.S. 8193 DECEMBER 2022
A NOTARY PUBLIC OR OTHER OFFICER COMPETING THIS CERTIFICATE
VERIFIES ONLY THE IDENTITY OF THE INDMDUAL WHO SIGNED THE
AND NOT THE
TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.
STATE OF NEW YORK
COUNTY OF NEW YORK
ON January 18, 2023 BEFORE ME Cleni Seremetis
PERSONALLY APPEARED WHO PROVED TO ME
ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S)
IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES).
AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT, THE PERSON(S) OR
THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF
CALHORNATHALTHE FOREGOING PARAGRAPHHIS IRUS AND CORREME
WITNESS RE HAND AND DEELAL SEAL MICHI SEREN
SIGNATURE
NOTARY
COUNTY
DATE COMMISSION EXPIRES 2
COMMISSION NUMBER
SIGNATURE OMISSIONS
THE SIGNATURE(S) OF THE PARTYIES NAMED HERSINASTSR OWNER(S) OF THE SUBMS MAY FORTH. YACT, THEIR ON UNDER SHE IS CANNOT RISEN
THE INTEREST IS SUCH
FEE AS SAID SIGNATURE(S) IS (ARE) NOT REQUIRED BY THE LOCAL AGENCY:
STANDARD OIL COMPANY OF CALIFORNIA, A CORPORATION, HOLDER OF A LEASE TO
ANU OTHER HYDROCARBONS AND OTHER MINERALS
INSTRVENN 3156, 800K M-1626. PAGE
448; MARCH 26, 1965 AS INSTRUMENT NO. 3388; AND APRIL 26, INSTRUMENT NO. 3032, ALL OF OFFICIAL RECORDS.
SCALE: 1" = 30' VESTING SHEET 3 OF 3 SHEETS
TRACT NO. 74391
IN THE CITY OF BEVERLY HILLS
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
FOR CONDOMINIUM PURPOSES
CHRISTOPHER JONES, P.L.S. 8193 DECEMBER 2022
BASIS OF BEARINGS LEGEND
HE BEARINGS SHOWN HEREON ARE BASED ON THE BEARING SOUTH 39'30'26" EAS NDICATES THE BOUNDARY OF THE THE CENTERL INE OF CHARLEVILLE BOULEVARD AS SHOWN ON TRACT NO.7710 A _AND BEING SUBDIVIDED BY THIS MAP REDUNDED IN BUUK 85, PAGES 94 AND 95 UF MAPS, RECURDS UF LUS ANGELES COUNTY.
FD PK NAIL, FITS TIES- - FD S & W L.S. 5411, FIT
PER CITY OF BEVERLY TIES PER CITY OF BEVERLY
HILLS CENTERL INE TIE CHARLEVILLE BOULEVARD HILLS CENTERLINE TIE SHEET 359, ACCEPTED AS $39 * 30'26"E 320.23'
CL INT. 167,65 — 152.58 ACCEPTED AS CLINT.
• FD NOTHING
EST 'B CLINT BY RECORD
DISTANCE (167.65') FROM
SANTA MONICA BOULEVARD
539"30 26°E 120-15 PER PARCEL MAP 17210.
117.65 198-057-058.
FD LT&T, ILLEGIBLE
0.01• 501 25 42W
OF PL. FD LT&T. 35' 35'
N34 35 45-W .5°7.5 762
40' 40' 0.09° 70'
80' 15
7.50. 1
2.50 10.00
763
DEDICATION FOR
PUBLIC ALLEY
ALLEY
TRACT NO. 7710
M.B. 83/94
971.271 997.05 764 986.44*
SANTA MONICA BOULEVARD 329.93 NS)° 30'14"E 299.931 280.00" DURANT DRIVE 35,284 SQ. FT. N50°30'47 E
N50" 30 14"E N50*30'28"E
765
766
L&T L.S. 4033 NOT FD..
EST'D POINT ON CL PER FO
TIES PER PWFB 1316 PG 21
SW"LY LINE ESTAB BY 7.50
PRORATION ALONG
2.501 > 49.99'
PER TRACT NO. 7710 10.00
BOCK 83 PG 84-85 767
FD LT&T, LS 5411 - L&T L.S. 4033 NOT FD..
0/s 9.99' FROM PL EST'D POINT ON CL PER FD
117.63 TIES PER PWEB 1316 PG 21
40. 00° 120.13
N39*30'18°W 167.63'
7.50*
739 768
- SET LT&T, LS 8193
0/S 1.00' FROM PL 667.:
35 35'
40% 40' 7.57.5
80* 15
738 769฿
LET INT HOODING REC DIST OF CL INT. HOLDING REC.
2.60 PER PM 17210.
198-057-058
FD S&W LS 6187, FIT TIES MORENO DRIVE 169,55
PER PFB 1316 PG 927/928 N30 45 48*W 172.14
ACCEPTED AS CLINT. FD SPK W/ PUNCH, FIT TIES
PER CITY OF BEVERLY HILLS
CENTERLINE TIE SHEET 356,
PK NAIL NOT FD. ACCEPTED AS CLINT.
EST'D CL BC USING FD TIES
PER CITY OF BEVERLY HILLS
CENTERLINE TIE SHEET 356
Attachment 3
This page is part of your document - DO NOT DISCARD
oF LOS 20200962199
Recorded/Filed in Official Records
Recorder's Office, Los Angeles County,
FORNI 08/18/20 AT 02:48PM
FEES: 0.00
TAXES: 0.00
OTHER: 0.00
PAID: 0.00
LEADSHEET
202008180180060
00018724130
011064653
SEQ:
01 SECURE - Daily - Time Sensitive
THIS FORM IS NOT TO BE DUPLICATED 9908 South SAL
ES35543
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City Clerk
City of Beverly Hills
455 North Rexford Drive
Beverly Hills, CA 90210-4817
[Space Above Line For Recorder's Use]
Recording Fee: Exempt pursuant to California Government Code Section 27383
COVENANT AND AGREEMENT
Acceptance of Conditions imposed by the Planning Commission for a Vesting Tentative Tract Map and Planned Development
This covenant and agreement is made and entered into as of _ RECITALS:
The Owner hereby represents and warrants that Owner is the record owner of the more particularly and legally described as follows:
LOTS 740, 741, 742, 743. 744 AND 745, OF TRACT NO. 7710, IN THE CITY OF
BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 83 PAGES 94 AND 95 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
The Owner submitted or caused to be submitted an application to the City for a levels of subterranean parking, located at 9908 South Santa Monica Boulevard.
On February 18, 2020. Owner obtained a VTTM and PD from the City of Beverly Hills pursuant to City Council Resolution No. 20-R-13277 (the "Resolution"). A copy of the Resolution is attached hereto and incorporated by this reference as Exhibit "A." The Applicant wishes to avail itself of the benefits of the Resolution. 1 The City of Beverly Hills City Council issued the VTTM and PD subject to various conditions set forth in the Resolution. Condition No. 2 set forth in Section 10 of the Resolution requires recordation of a covenant, in a form satisfactory to the City Attorney, accepting the conditions of approval of the Resolution.
The City has a property interest in the streets adjacent to the Property and owns other property within the City.
NOW, THEREFORE, in consideration of the foregoing, and as a condition of the issuance of the necessary permits and certificates in connection therewith, the Owner covenants, promises and agrees, on behalf of the Owner, and on behalf of each of Owner's respective heirs, representatives, successors, and assigns (including, without limitation, each person having any interest in the Property derived through any owner of the Property) (collectively, the "Successors"), for the benefit of the City, the public, the City's property interest in the street commonly known as 9908 South Santa Monica Boulevard, the sidewalks around it, the City's other public property, and the Property, as follows:
1. The Owner shall accept and abide by all of the conditions of approval set forth in City Council Resolution No. 20-R-13277, Exhibit "A."
It is the intention hereof that this covenant and agreement shall constitute a covenant running with the land owned by the Owner and running with the property interest possessed by the Owner. This covenant and agreement shall be enforceable by and shall inure to the benefit of the City and the City's successors and assigns, and shall be jointly and severally binding upon the Owner, and each of its Successors.
This covenant and agreement shall remain in effect until (a) released in writing by the authority of the Director of Community Development, upon submittal of a request, applicable fees and evidence to the satisfaction of the Director of Community Development that this covenant and agreement is no longer required, or (b) released in writing by the order of the City Council upon a determination by the City Council that this covenant and agreement is no longer required.
Should any provision, section, paragraph, sentence, clause, or word of this covenant and agreement be rendered or declared invalid or ineffective by any final action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, clauses, and words of this covenant and agreement shall remain in full force and effect.
5. This covenant and agreement shall be recorded in the office of the County Recorder for the County of Los Angeles.
2 - Signatures Begin on the Next Page -
Executed this 24th _day of July _ 2020
CITY OF BEVERLY HILLS: 9908 SANTA MONICA BLVD.. LL.C:
a Delaware limited liability company
By :
Goldstein Planting Wagman, LLC,
a California limited liability company,
its manager
By:
Masa Alkire, AICP
Principal Planner its manager
* Attach ALL PURPOSE ACKNOWLEDGEMENT
NOTE: If the Owner is a corporate entity, signatures from two corporate officers are required. One signature must be from any officer in Group A, and one signature must be from any officer in Group B as follows:
Group A: the chairman of the board, the president, or any vice president.
Group B: the secretary, any assistant secretary, the chief financial officer, or nay assistant treasurer of the corporation.
3 ACKNOWLEDGMENT
A notary public or other officer completing this
ertificate verifies only the identity of the individua
ho sianed the document to which this certificate
ttached, and not the truthfulness, accuracy, c
alidity of that documen
State of California
County of US Angeles
on March 10, 2070 before me, _Chast Anne Dixon, Notary Public (insert name and title of the officer
personally appeared Cliftard Goldstein
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
CHRISTI ANNE DIXON
Notary Public - California
Los Angeles County
Commission # 2312263
My Comm. Expires Nov 10, 2023
Signature (Seal)
EXHIBIT "A"
CITY OF BEVERLY HILLS
CITY COUNCIL RESOLUTION NO. 20-R-13277
Exhibit "A" consists of 48 pages, excluding this cover page.
RESOLUTION NO. 20-R-13217
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BEVERLY HILLS CONDITIONALLY APPROVING VESTING
TENTATIVE TRACT MAP NO. 74391 AND A PLANNED
DEVELOPMENT TO ALLOW CONSTRUCTION OF A RETAIL
AND RESIDENTIAL MIXED-USE PROJECT FOR PROPERTY
LOCATED AT 9908 SOUTH SANTA MONICA BOULEVARD
The City Council of the City of Beverly Hills hereby finds, resolves, and determines as follows:
Section 1. 9908 Santa Monica Blvd., LLC (the "Applicant"), has submitted an application for the following (collectively the "Project"):
• A General Plan Amendment to create a new Mixed Use Planned Development (M-PD-5) Land Use Designation and apply the new designation to the property located at 9908 South Santa Monica Boulevard (project site").
• A Zone Text Amendment to create the Mixed Use Planned Development Overlay Zone (M-PD-5) and establish and add relevant standards and regulations to the Beverly Hills Municipal Code ("BHM), and a Zone Change to apply the M-PD-5 Overlay Zone to the project site.
• A Planned Development to allow construction of the proposed mixed use project, which consists of 25 residential condominium units and 13,036 SF of ground floor commercial space in a 4-story building with a height of 47'-0" and three levels of subterranean parking.
A Vesting Tentative Tract Map to allow the subdivision of 25 residential condominium units and one commercial condominium unit.
• A Development Agreement to address vested rights to proceed with the Project, as well as negotiated public benefits to the City.
At a Project hearing held on September 13, 2018, the Planning Commission certified a Final Environmental Impact Report ("Final EIR") for the Project (Planning Commission Resolution No. 1857), conditionally approved the Planned Development and Vesting Tentative Tract Map (Planning Commission Resolution No. 1859) for the Project, and recommended the City Council approve the requested General Plan Amendment, Zone Text Amendment, and Zone Change (Planning Commission Resolution No. 1858) and conditionally approved the requested Planned Development Permit and Vesting Tentative Tract Map. The Planning Commission's role as to the General Plan Amendment, Zoning Map and Zone Text Amendment and Development Agreement is solely advisory to the City Council, however the Commission has the role of approving, conditionally approving or denying the Planned Development and Vesting Tentative Tract Map components of the Project. On September 24, 2018 the City received an appeal of the Planning Commission's decisions regarding the Project from the Belvedere Hotel Partnership, owners of The Peninsula Hotel, requesting the City Council overturn the Planning Commission's approval of the Project.
Section 2. The City Council held hearings on January 8, 2019, January 9, 2020 February 4, 2020, and February 18, 2020 to consider the Project. On January 8, 2019, the City Council held a hearing for the Project and appeal. The Council, by a 4-1 vote (then Vice-Mayor Mirisch dissenting), moved to consider the Zone Change and General Plan Amendment and take up discussion of a Development Agreement. The Council, by a unanimous vote, appointed an Ad Hoc Subcommittee to proceed with Development Agreement negotiations and provided direction to retain an outside economic consultant and/or negotiator. On January 9, 2020 the City Council held a hearing that focused on the unresolved terms of a Development Agreement for the Project.
The Council provided direction for the Applicant and Ad Hoc Subcommittee to continue negotiations and return to the full City Council with a draft Development Agreement for consideration at the same time as the rest of the requested Project entitlements. On February 4, 2020, the City Council held a hearing to consider approval documents for all the requested Project entitlements, including: a resolution to certify of the Final EIR, a resolution approving the General Plan Amendment, an ordinance adopting the requested Zone Text Amendment and Zone Change, a resolution approving the Planned Development and Vesting Tentative Tract Map, and an ordinance approving a Development Agreement. At the February 4, 2020 hearing, the City Council certified the Final EIR for the Project, adopted an ordinance approving a Zone Text Amendment and Zone Change, and adopted an ordinance approving a Development Agreement for the Project. The City Council continued the hearing regarding a resolution approving the General Plan Amendment and a resolution approving a Planned Development and Vesting Tentative Tract Map for the Project. On February 18, 2020, the City Council held a hearing to consider approval of a resolution approving the General Plan Amendment and a resolution approving the Planned Development and Vesting Tentative Tract Map for the Project; as well as second reading of the ordinance approving a Zone Text Amendment and Zone Change and the ordinance approving a Development Agreement for the Project.
Section 3. The City Council hearings included a de novo review of the Planned Development and Vesting Tentative Tract Map. This resolution memorializes the City Council's action approving the Planned Development and Vesting Tentative Tract Map components of the Project. Various iterations of the Project were considered by the Planning Commission at hearings held on September 8, 2016; November 28, 2017; January 11, 2018; August 8, 2018; and September 13, 2018. The Project was modified over the course of those hearings to take into account the Commission's comments and direction. The following is a general description of the revised Project iteration reviewed by the City Council at hearings held on January 8, 2019; January 9, 2020, February 4, 2020, and February 18, 2020:
• 25 residential condominium units (76,939 SF of residential floor area. 13,036 SF of ground-floor retail and restaurant commercial space. • 4-story building with a building height of 47' measured to the top of the finished roof deck.
• Pool deck surface located at no more than 52' above project datum point, top of 1,820 SF roof-top amenity room located no more than 57' above the datum point, top of elevator enclosure is no more than 62' above the datum point.
• Project FAR of 2.5:1 with 2.138 of the FAR devoted to residential uses and
0.362 of the FAR devoted to commercial use.
• 3 levels of subterranean parking with access to the 1" level (residential parking) from a motor court located on Charleville Boulevard and access to the 2nd and 3'd levels (mixed commercial and residential parking) from a two-way driveway located on South Santa Monica Boulevard.
• A total of 176 parking spaces with 72 spaces required to meet residential parking requirements, 36 spaces required to meet commercial parking requirements and 68 additional excess parking spaces. 54 of the excess spaces will be provided for public use at a cost consistent with the rate charged in public City parking structures.
• A rooftop pool located on the west side of the building, screened from properties located to the east by landscaping and a rooftop amenity/mechanical room.
• A commercial loading space adequately sized to meet BHMC requirements for a truck loading space (12' by 35). The loading space is located at the rear of the building and runs parallel to the alley.
• Dedication of a 2'-6" wide portion of the project site to the City to widen the public alley located to the south.
Section 4. The Project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. A Final Environmental Impact Report (Final EIR) was prepared to analyze the potential environmental impacts of the Project. The City Council has reviewed the Final EIR and by separate Resolution No. 20-R-13272, adopted on February 4, 2020, which is hereby incorporated by reference, (a) made certain CEQA findings and determinations, (b) certified the EIR, and (c) adopted a Mitigation Monitoring and Reporting Program. The documents and other materials that constitute the record on which this decision is based are located in the Department of Community Development and are in the custody of the Director of Community Development.
Section 5. On December 19, 2018, a Notice of Public Hearing was mailed to all property owners and residential occupants within a 1000-foot radius of the property plus block face, and posted on the property. The hearing notice was also published in the Beverly Hills 5 Courier on December 14, 2018 and the Beverly Hills Weekly on December 20, 2018. On January 8, 2019, the City Council held a hearing to consider the legislative components of the Project and to review, de novo, the appeal of the Planning Commission's September 13, 2018 decisions regarding the Project.
On December 20, 2019, a Notice of Public Hearing was mailed to all property owners and residential occupants within a 1000-foot radius of the property plus block face, and posted on the property. The hearing notice was also published in the Beverly Hills Courier on December 20, 2019 and the Beverly Hills Weekly on December 26, 2019. On January 9, 2020 the City Council held a duly noticed public hearing and evidence, both written and oral, was presented at the meeting. At the conclusion of that hearing, the City Council provided direction to the applicant regarding the Project's Development Agreement and continued the public hearing to February 4, 2020. On February 4, 2020 the City Council considered the Project at a duly noticed public hearing and evidence, both written and oral, was presented at the meeting. At the conclusion of that hearing, the City Council certified a Final EIR for the Project; adopted an ordinance approving a Zone Text Amendment and Zone Change; adopted an ordinance approving a Development Agreement for the project; and continued the public hearing to February 18, 2020.
On February 18, 2020 the City Council considered the Project at a duly noticed public hearing and evidence, both written and oral, was presented at the meeting.
Section 6. Planned Development Findings. Pursuant to BHMC §10-3-1845, the Planning Commission's decision regarding the Planned Development is appealable to the City Council and the Council's hearing is de novo in that an independent reexamination of the matter shall be made. As the reviewing authority on appeal, pursuant to BHMC §10-3-1844, the City Council considered the following finding in its independent in review of the application for a Planned Development: Whether the "planned development... proposal will meet the requirements of this code and will advance objectives of the zone in which it is located. The planning commission [or City Council on appeal] may impose such conditions and restrictions on the approval as are necessary to ensure that the planned development will advance objectives of the zone."
The objectives of the proposed M-PD-5 Overlay Zone are as follows:
1. To ensure that mixed use development in the M-PD-5 zone will serve to maintain the vibrancy of local serving commercial uses along the South Santa Monica commercial corridor;
2. To provide for mixed use development that encourages high quality design and residential uses and amenities through appropriate height, modulation, setbacks, and other similar measures;
3. To provide pedestrian friendly commercial uses and amenities along the street level;
4. To encourage that mixed use development in the M-PD-5 zone will enhance adjoining residential neighborhoods and minimize traffic impacts; and
5. To protect the public health, safety, and welfare.
Section 7. Based on the foregoing, the City Council hereby finds and determines as follows with respect to the Planned Development:
1. As conditioned, the mixed use development Project will maintain and enhance the vibrancy of local serving commercial uses along the South Santa 7 Monica commercial corridor. The project site is presently a parking area separated from the public right-of-way by a hedge. The previous building at the project site, the Friars Club, was demolished in 2011. The 31,002 SF project site has 300' of South Santa Monica Boulevard street frontage and is centrally located along that street's commercial corridor. The project will provide 13,036 square feet of sidewalk facing retail and restaurant store-fronts along a 267' portion of the South Santa Monica Boulevard corridor that currently does not have commercial uses.
Constructing a building containing a mix of multi-tenant ground level retail, accessible from the sidewalk through individual entrances, and residential units above will contribute to the vibrancy of the commercial corridor by filling in the large gap in commercial development between the Peninsula Hotel and the retail storefronts located to the west. The Applicant will be required to prepare and submit a construction management plan and to conform all construction activities to said plan to minimize construction impacts on adjacent land uses while the building is being constructed. Thus, the Project will maintain vibrancy on this local serving commercial corridor during the short term project construction phase and also contribute to vibrancy for the long-term operational life of the Project by adding street level retail space to a long vacant parcel. Further, for the reasons set forth in Exhibit A, attached hereto, and incorporated by reference, the Project is consistent with the General Plan as amended pursuant to the Commission's recommendation.
2. As conditioned, the Project is a mixed use development with a high- quality design and provides for residential uses and amenities with appropriate 8 height, modulation, and setbacks. The Project has been reduced to 47' in height, which is similar to the 45' height limit applicable to neighboring commercially zoned properties located on the South Santa Monica Boulevard corridor and to neighboring multi-family residential properties located on Durant Drive. The roof of the proposed rooftop amenity and mechanical rooms will be no more than 57' above the Project's datum point. The height of the roof-top structures is roughly equivalent to the 60' maximum height for rooftop uses on neighboring commercial parcels and the 55' maximum height for mechanical penthouses on neighboring residential parcels. Thus, based in part the Applicant's modification of the Project to four stories, the building design is of an appropriate height that is generally commensurate with the allowable building height and roof-top structure height applicable to neighboring commercial and residential properties. The M-PD-5 Overlay Zone allows for the City to have discretionary reviewing authority to evaluate and define the appropriate amount of building modulation for a project through the Planned Development Permit. Approximately 13,350 SF of modulation area is proposed for the subject property. If the City's multi-family development standards were applicable to the Project, then approximately 7,440 SF of modulation area would be required. Therefore the amount of proposed modulation provided for this mixed use project is well in excess of what would be required if multiple family development standards were applicable. Thus the building design provides for an appropriate amount of building modulation. The Project provides a 3' setback from street-facing property lines, a 6' setback from the alley-facing property line, and a 0' setback from the interior side yard lot line along the site's western edge. In addition, the upper 3 stories of the building are stepped-back a minimum of an additional 1' from the street-facing and alley property lines, and stepped-back an additional 26'-9" from the interior side yard property line. The building's ground level setback requirements will place the front façade in an appropriate location for pedestrians to easily access the individual street-level retail and restaurant spaces. The upper level step backs both differentiate the residential portion of the building from the ground level commercial space and also move the residential uses farther away from adjacent existing residential uses located to the south. Thus the building design provides for appropriate setbacks for a mixed use project. Further, the Project's building façade, architectural details and landscaping are subject to review and approval by the Architectural Commission.
3. As conditioned, the Project will provide pedestrian-friendly commercial uses and amenities along the street level. Approximately 267' of the 300' long north parcel frontage along South Santa Monica Boulevard will be devoted to pedestrian friendly commercial uses. Direct access to individual retail and restaurant spaces will be provided from the South Santa Monica Boulevard sidewalk. The Project will create continuity of retail development accessible from the street along the south side of South Santa Monica Boulevard. Thus the Project will fill in an existing large gap of retail development on the South Santa Monica Boulevard commercial corridor, which stretches approximately 1500' from Lasky Drive to South Moreno Drive. The Project provides an opportunity to construct a mixed-use development that would not otherwise be allowed by the underlying 10 zone. The Project will contribute to the completion of the urban fabric of this commercial corridor by replacing the existing vacant lot with a mixed use building specifically designed to provide retail amenities to pedestrians.
4. As conditioned, the Project will enhance adjoining residential neighborhoods and minimize traffic impacts. As designed, the Project provides two vehicle access points to the site. The majority of on-site subterranean parking and all dedicated commercial parking would be accessible from South Santa Monica Boulevard. Retail and restaurant uses are the highest trip generating uses proposed at the project site. The majority of residential parking will be accessible from a motor court located on Charleville Boulevard. The nearest adjacent residential neighborhood is located south of the project site, starting on Durant Drive. Designing vehicle access so that only residential parking is accessible from Charleville Boulevard will potentially reduce the amount of vehicle trips travelling to and from the site using the residential streets south of the project site because parking for the Project's highest trip generating uses would be accessed from South Santa Monica Boulevard. In addition, the Project's Final EIR included a trip generation analysis of a code compliant commercial alternative to the Project (Alternative 3). This analysis concluded that building a C-3 zone compliant commercial project at the site would generate approximately 14% greater overall daily trips, and approximately twice as many AM and PM peak period trips than the proposed Project. Thus the Project as proposed would likely be less impactful on local traffic, including traffic in the adjacent residential neighborhood, than a commercial project built to the current FAR limit for the C-3 commercial zone.
The mitigation measures identified in the Final EIR include: a) review of all project features for pedestrian safety; b) the implementation of pedestrian safety features at driveways; c) a construction traffic management plan and a construction worker parking plan; and, d) a cumulative construction traffic management plan.
These mitigation measures will help ensure that impacts on neighboring properties, including neighboring residential properties, will be minimized during project construction. In particular, construction worker parking in the adjacent residential neighborhood will be expressly prohibited during project construction.
The mitigation measures will also enhance the overall walkability around the project site once the Project is operational because project design features will be assessed for pedestrian safety and pedestrian safety features will be installed at Project driveways.
5. As conditioned and designed, and as mitigated in the adopted Final EIR for the Project, and consistent with the findings stated above, the Project will protect the public health, safety, and welfare.
Section 8. Vesting Tentative Tract Map Findings. Pursuant to BHMC §10-2- 205, the Planning Commission's decision regarding the Vesting Tentative Tract Map is appealable to the City Council. As the reviewing authority on appeal the City Council considered the following findings pursuant to the California Subdivision Map Act (§66474 and §66473.la) and the City's subdivision requirements:
1. Whether the proposed map is consistent with applicable general and specific plans as specified in Section 65451;
2. Whether the design or improvement of the proposed subdivision is consistent with applicable general and specific plans;
3. Whether the site is physically suitable for the type of development;
4. Whether the site is physically suitable for the proposed density of development;
5. Whether the design • of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially or avoidably injure fish or wildlife or their habitat;
6. Whether the design of the subdivision or type of improvements are likely to cause serious public health problems
7. Whether the design of the subdivision or type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.
8. Whether the design of a subdivision for which a tentative map is required pursuant to Section 66426 shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.
Section 9. The City Council hereby finds and determines as follows with respect to the Vesting Tentative Tract Map (the "Map"):
1. As conditioned, the proposed Map is consistent with applicable general plan, and there are no applicable specific plans. The proposed Map is consistent with the City's General Plan of the City for the reasons set forth in Exhibit A, attached hereto, and incorporated by reference. The proposed map 13 complies with the maximum residential density requirement as well as the commercial minimum density requirements of the proposed General Plan Land Use Designation of M-PD-5. Therefore, the City Council finds that the Map is consistent with the General Plan.
2. As conditioned, the proposed Map and its design and improvements are consistent with both the City's General Plan of the City, and there are no applicable specific plans. The proposed subdivision and improvements implement the uses described in the Overlay Zone and comply with all applicable development standards of the M-PD-S Overlay Zone and General Plan Land Use Designation, including but not limited to height, use, and parking standards. The design and improvements included dedication of right-of-way for an expanded alley adjacent to the south side of the project site. Further, for the reasons set forth in Exhibit A, attached hereto, and incorporated by reference, the Project is consistent with the General Plan. For the foregoing reasons, the City Council finds that the projects design and improvements are consistent with the City's General Plan, as amended per the recommendations of the Planning Commission.
3. As conditioned, the site is physically suitable for the type of development. The site is currently vacant. The infrastructure serving the site is generally adequate to support the development proposed on the site and the Applicant shall be required to upgrade sewer capacity, if necessary, prior to finalizing the tentative map. A fault hazard investigation report was completed at the project site and no unusual seismic hazard was identified. The project site is adjacent to parcels developed with both commercial and multi-family development. 14 Therefore, the City Council finds that the site is physically suitable for the proposed commercial and residential development project.
4. As conditioned, the site is suitable for the proposed density of development. The 2.5 FAR of the proposed project is consistent with the maximum allowable FAR in the Mixed Use Planned Development Overlay Zone (M-PD-5).
The proposed 0.362 commercial FAR exceeds the minimum required commercial density (0.33 FAR) required in the Mixed Use Planned Development Overlay Zone (M-PD-5). Therefore, the City Council finds that the site is suitable for the proposed density of development.
5. The Final EIR prepared for the Project found no significant impacts to fish, wildlife or habitat because the site was previously developed and is currently vacant and lacking in any natural vegetation or habitat. Therefore, the City Council finds that the proposed Project, as conditioned, will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
6. As conditioned, the design of the subdivision and the type of improvements will not cause serious public health problems. The Final EIR prepared for the Project evaluated Aesthetics (including the proposed building's shadow effects), Air Quality, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Noise, and Transportation and Traffic. The EIR found that all potentially significant impacts could be mitigated to below a level of significance.
After mitigation, any negative public health problems resulting from the Project's construction and operation would not exceed CEQA levels of significance. As 15 such, the City Council finds that the design of the subdivision and the type of improvements will not cause serious public health problems.
7. The design of the subdivision will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. The Vesting Tentative Tract Map associated with the Project has been preliminarily reviewed by the Public Works and Engineering Department. In addition, encroachment permits will be obtained for all temporary and permanent encroachments into the public right-of-way. The public at large has not acquired any other easement for access through or use of the property. The Applicant is also required to provide a 2'-6" dedication to widen the alley in compliance with the Streets Master Plan. For the foregoing reasons, the City Council finds that the design of the subdivision will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision.
8. The design of the proposed subdivision for which a tentative map is required pursuant to Subdivision Map Act §66426 will provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision. The proposed subdivision design considers local climate, contours, parcel configuration, and other design and improvement requirements. The proposed project includes large outdoor terraces for the majority of units and provides for ample wall openings for all units, maximizing passive natural cooling opportunities. Further, the subdivider is required to consider various building construction techniques, green building standards, overhanging eaves, window 16 locations, insulation, and landscaping for building shade prior to final design and obtaining building permits for the Project. As such, the City Council finds that the Project will provide, to the extent feasible, future passive or natural heating or cooling opportunities.
Section 10. Based on the foregoing, the City Council hereby approves a Planned Development and Vesting Tentative Tract Map No. 74391 to allow construction of the mixed-use Project at the property located at 9908 South Santa Monica Boulevard and hereby extends the Vesting Tentative Tract Map No. 74391 so that it expires concurrent with the Development Agreement approved for the Project, subject to the following conditions:
1. The conditions set forth in this Resolution shall run with the land and shall remain in force for the duration of the life of the Project.
Covenant Recordation
2. This Resolution approving the Vesting Tentative Tract Map and Planned Development to allow construction of a mixed-use development at the property located at 9908 South Santa Monica Boulevard (collectively the "Approvals"), 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 a conformed copy of the executed covenant to the Community Development Department within 60 days of the City Council's decision. If the Applicant fails to deliver the executed covenant within the required 17 60 days, this Resolution approving a Planned Development and Vesting Tentative Tract Map 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, grant a waiver in writing from the 60-day time limit if, at the time of the request, the Director determines that there have been no substantial changes to any federal, state or local law that will affect the City's ability to approve the discretionary approvals.
3. Approval of this Project is subject to all other discretionary approvals required by the City for the Project.
Planning Project Conditions
4. The Project shall be built in substantial compliance with the plans submitted for the February 4, 2020 City Council meeting, on file with the Department of Community Development, except as modified by these conditions of approval, including Exhibit B, "Standard Conditions List," and Exhibit C "Mitigation Monitoring Program," which are incorporated herein by reference and made applicable to the Project, and subject to additional conditions as may be imposed by the Architectural Commission. In no case shall the Project include more than 25 multi-family residential units or less than 13,036 square feet of commercial space. In addition, the ground floor space fronting on South Santa Monica Boulevard shall be occupied by retail, restaurant, and service uses, which, in the opinion of the Director of Community Development, are pedestrian-friendly uses. Any minor modifications to the plans shall be approved by the Department of Community Development prior to any work being done on the Project pursuant to those modifications. Modifications deemed major by the Director of Community Development will require review and approval by the Planning Commission. Review of modifications or corrections of the plans may trigger the need to pay additional processing fees.
5. Prior to the issuance of any building permits, either the parcels associated with the development of the Project shall be legally tied to form one parcel, or the Final Vesting Tentative Tract Map shall be recorded. The lot-tie covenant is subject to review and approval by the City Attorney and shall be recorded with the Los Angeles County Recorder's Office.
6. In order to meet the Project's Public Parking Obligation, a minimum of 54 parking spaces in the commercial portion of the parking garage are required to be provided to the public during the normal business hours of the commercial portion of the building.
7. Parking spaces for the residential units shall be permanently assigned to each unit and shall be labeled as such. Parking spaces for residential units shall be used solely for the parking of the personal vehicles of residents and their guests. Parking spaces for residential units may not be leased, subleased, sold, transferred, or otherwise separated from the unit for which the parking spaces are required. Those parking spaces required to comply with the City's Municipal Code shall not be dedicated to or used to provide parking for any off-site use. Any parking spaces not required to comply with the City's Municipal Code and not regularly used by residents, residents' guests, commercial tenants or visitors, or are required to meet the Project's Public Parking Obligation (Condition #6) may 19 be made available to serve off-site uses upon approval by the Planning Commission of such use of the excess parking spaces. Each parking stall designated to meet the numeric requirements of the Americans with Disabilities Act ("ADA") shall meet all ADA requirements for an accessible parking space.
The Covenants, Conditions, and Restrictions (CC&Rs) for this Project shall acknowledge and disclose the restrictions regarding parking contained in this condition.
8. All parking stalls on subterranean parking level one, which is accessible from Charleville Boulevard, may only be used to meet the residential parking requirements of the Project. In addition, the individual stalls in each tandem stall pairing located on parking level one must be assigned to the same residential unit.
9. Prior to issuance of a building permit, the applicant shall submit a signage plan for review and approval by the Department of Community Development/Planning, which plan shall include, but not be limited to, provision of appropriate signage and precautionary devices inside the parking garage. All signage shall conform to the signage plan.
10. Prior to issuance of any occupancy permit for the Project and subject to the review and approval of the Director of Community Development, the Applicant shall provide a Loading Management Plan to minimize loading-related impacts from the Modified Project on adjacent land uses. The Loading Management Plan shall identify permissible hours for loading and shall designate a delivery monitor to monitor the loading area and deliveries in order to control 20 the circulation activities and to prevent overcrowding in the loading area. The City hereby retains the authority to impose additional conditions on the Project to address loading, delivery and parking issues, including without limitation the authority to require valet parking for patrons of the commercial uses. The Applicant shall comply with the approved Loading Management Plan and any additional conditions imposed after adoption of this Resolution and after adoption of the Loading Management Plan, in order to address parking, loading and delivery issues.
11. All common areas and facilities shall be clearly depicted, described, or both, in the final plans reviewed by the Department of Community Development, prior to issuance of a building permit.
12. The Applicant shall cause the outdoor areas on the roof to be clearly posted to prohibit rooftop activities except between the hours of 7:00 a.m. and 10:00 p.m., Monday through Friday and between the hours of 9:00 a.m. and 10:00 p.m., Saturday and Sunday.
13. All electrical transformers and other such mechanical equipment shall be clearly depicted, described, or both, in the final plans reviewed by the Department of Community Development, prior to issuance of a building permit.
Screening and/or relocation may be required if the proposed locations have the potential to adversely affect the appearance of the building from the public right- of-way.
14. The Project shall conform to all requirements of the M-PD-5 overlay zone that governs the Project site and authorizes construction of the Project.
15. No events shall be held by non-residents in the Project's roof-top amenity room or other areas on the roof. Project common rooms and areas should be used for their intended purpose as a resident recreational area and community meeting room, provided that residents shall be allowed to have private events for themselves and their guests, with a maximum of 100 guests allowed per event.
16. Rooftop areas shall be used by Project residents and their guests only. No commercial occupant of the Property shall use the rooftop facilities.
17. No Commercial uses (except as permitted under BHMC §10-3-4301 and §10-3-4303, or any successor regulations) shall be permitted in any residential unit, or on the rooftop amenity garden, pool deck, and rooftop amenity room.
18. The CC&Rs for this Project shall acknowledge and disclose the fact that, because this Project is located on South Santa Monica Boulevard, the maintenance of public improvements (street payment, sidewalk, curb, gutter, water and sewer lines) is usually performed at night.
19. New street trees consistent with the City's master street tree plan must be used for any new street trees or any street trees identified to be replaced on the project plans. The Applicant must confer with and receive approval from the City's urban forester as to the tree species used and as to the installation method for the new and/or replaced trees.
20. In accordance with the requirements set forth in City Council Resolution 71-R-4269, the applicant shall file a formal written request with the Civil Engineering Department for approval of any type of temporary construction encroachment (steel tieback rods, etc.) within the public right-of-way. Shoring 22 plans and elevations prepared by a registered civil engineer must be submitted for review by the Civil Engineering Department. An indemnity bond must be submitted and approved by the City Attorney prior to excavation.
21. The Applicant shall dedicate a 2'-6" wide strip of land along the alley as depicted in the plan. The Applicant shall remove and reconstruct the roadway pavement including a concrete gutter at the center of the alley in the above-mentioned area in accordance with the specifications of the City Engineer.
This condition includes the relocation of any existing improvements such as meter boxes, pull boxes, etc.
22. Prior to the approval of any final map, the applicant shall prepare and submit CC&R's for review and approval by the Director of Community Development and the City Attorney. The CC&R's shall include the requirements:
a. That any rental of residential condominiums by owners shall be for a minimum duration of 180 days and no owner may lease a portion of a residential unit. Any lease shall require association review and approval prior to tenant's occupancy to ensure compliance with the CC&Rs. The CC&Rs shall also include a requirement that no fractional ownership of residential units is permitted. b. That any violation of the rental provisions shall result in a fine imposed by the Association which shall equal (i) the greater of two (2) times any rental income received in violation of the provisions or $4,000.00 per night or (ii) the maximum amount allowed by law, whichever is less. Such fines shall be in addition to any fines imposed by the City for violating city-wide short-term rental 23 restrictions. The applicability of subsection b of this Condition is subject to the following:
• The Applicant shall not be exempt from the restrictions of subsection b of this Condition.
• No amendment to ease the restrictions of subsection b of this Condition may be adopted without the approval of (a) a supermajority (75%) of the owners of residential units in the Project, and (b) the City Council at a regular meeting of the City Council where the public has been provided an opportunity to comment on the proposed amendment.
• Nothing herein shall limit the Applicant from including more restrictive language in the CC&Rs.
•
• Subsection b of this Condition will be void if The Belvedere Hotel Partnership, or any of its affiliates, brings or supports a lawsuit against this Project pursuant to the California Environmental Quality Act.
Architectural Commission Review
23. Prior to the issuance of building permits, the design, materials and finishes of the building and proposed landscaping shall be subject to the review and approval of the Architectural Commission.
Landscaping and Irrigation
24. An 8' tall landscape barrier is required to be installed on the eastern edge of the roof deck prior to Certificate of Occupancy. This barrier shall consist 24 of a 4' tall planter and an additional 4' tall vegetative hedge. This hedge and planter must be permanently maintained.
25. The Applicant shall submit final landscape, lighting and irrigation plans to the Department of Community Development for review and approval before the issuance of any building permit. The landscape plan shall be prepared by a licensed landscape architect.
26. Prior to final building inspection, the Applicant shall install all irrigation and landscaping, including irrigation controllers, staking, and mulching, to the satisfaction of the Director of Community Development.
27. The building owner and successors in interest shall be responsible for the maintenance of the site drainage system, sidewalks, parkways, street trees and other landscaping, including irrigation, within and along the adjacent public rights-of-way.
Other Departments' Requirements
28. The Applicant shall comply with all applicable conditions and permits required from the Public Works and Transportation Department and Community Services-Recreation and Parks Department attached as Exhibit B.
The Applicant shall secure all necessary permits from the Engineering Division of Public Works prior to commencement of any demolition or Project related work.
29. An offsite improvement plan prepared by a registered civil engineer must be submitted to the Civil Engineering Division prior to the issuance of building permits. This plan must show all existing street furniture within the 25 public right-of-way (ROW) fronting the proposed improvement site. All new construction and relocation of any existing street furniture must be clearly shown.
30. The Project shall comply with all applicable conditions from the Fire Department as may be identified through the plan check process.
Construction Management
31. The Applicant shall comply with a Construction Management Plan that must be submitted to and approved by the Department of Community Development prior to 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 construction to be reviewed and approved by the Engineering Division of Public Works and the Building and Safety Division of Community Development. On-street parking shall be prohibited at all times during construction. The plan shall provide for construction parking at a nearby site where workers can be transported to and from the Project site.
b. Information regarding the anticipated number of workers, the location of parking with respect to schedule during the construction period, the arrangement of deliveries, hauling activities, the length of time of operation, designation of construction staging area and other pertinent information regarding construction related traffic.
c. Information regarding the Project's compliance with all applicable fugitive dust/air quality regulations, including SCAQMD's Rule 403. 26 d. Information regarding public notification and construction signs that will be used during Project construction.
e. The proposed demolition/construction staging for the 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. f. The construction management plan shall include all feasible measures, as determined by the City Building Official, to limit high noise activities (which might include, but not be limited to: jackhammering, saw-cutting concrete and steel/re-bar, use of drill rigs, heavy haul activities, earth compaction activities performed via vibratory means, and use of pneumatic tools) close to The Peninsula Hotel before 9 AM, including but not limited to, as necessary: sound barriers; locating noisy activities further from the eastern property line; and sound blankets.
Any exceptions, as approved by the City, will only occur after prior written notice of at least 24 hours is provided to The Peninsula Hotel management, in addition:
• The Applicant shall provide The Peninsula Hotel with a construction schedule and a weekly schedule of construction activities. • The Applicant shall provide The Peninsula Hotel with the names and mobile phone numbers for Applicant's or general contractor's project manager and the general contractor's site superintendent, who shall respond to all noise and/or vibration complaints.
Subsection f of this condition will be void if The Peninsula Hotel, or any of its affiliates, brings or supports a lawsuit against this Project pursuant to the California Environmental Quality Act.
27 32. Prior to the issuance of a grading permit for the Project a cash deposit of $10,000.00 shall be deposited with the City to ensure compliance with the conditions of this Resolution regarding construction activities. Such deposit shall be returned to the Applicant upon completion of all construction activities and in the event that no more than two violations of such conditions of the Beverly Hills Municipal Code and/or any of these conditions of approval occur. In the event that three or more such violations occur, the City may: (a) retain the deposit to cover costs of enforcement; (b) notify the Applicant that the Applicant may request a hearing before the City within ten days of the notice; and (c) issue a stop work notice until such time that an additional deposit of $25,000.00 is deposited with the City to cover the cost associated with subsequent violations. Work shall not resume for a minimum of two days after the day that the additional deposit is received by the City. If the Applicant timely requests a hearing, said deposit will not be forfeited until after such time that the Applicant has been provided an opportunity to appear and offer evidence to the City, and the City determines that substantial evidence supports forfeiture. Any subsequent violation will trigger forfeiture of the additional deposit, the issuance of a stop work notice, and the deposit of an additional $25,000.00, pursuant to the procedure set forth herein above. All amounts deposited with the City shall be deposited in an interest bearing account. The Applicant shall be reimbursed all interest accruing on monies deposited, if any. Requirements of this condition are in addition to any other remedy that the City may have at law or equity and shall not be the sole remedy of the City in the event of a violation of the conditions of this Resolution and/or the Beverly Hills Municipal Code.
33. The Applicant shall maintain the site in an orderly condition prior to commencement of and during construction, including but not limited to, maintenance of the orderly appearance of existing landscaping on the site, dust suppression for areas cleared by demolition, maintenance of safety barriers and adjacent public sidewalks, and provision of a contact person directly accessible to the public by telephone in the event that the public has any concerns regarding the maintenance of the site. The name and telephone number of the contact person shall be transmitted to the Director of Community Development and the Building Official prior to commencement of any construction activities on the site, including grading. In addition, the Applicant shall post the name and telephone number of the contact person on the site in a location readily visible to the general public as approved by the Director of Community Development. Said signs shall also include the name and number of a City contact from the Community Development Department. The Applicant representative's telephone number provided shall be manned during construction hours.
34. Within three working days after approval of this Resolution, the Applicant shall remit to the City a cashier's check, payable to the County Clerk, in the amount of $3,418.25 for a document fee pursuant to the Fish and Game Code for the filing of the Notice of Determination. If it is determined that the fee is more than this amount, the Applicant shall be responsible for submitting payment for the full amount of the required fees for filing the Notice of Determination.
Property Maintenance
35. The property owners association shall be responsible for the operation and maintenance of the private sewer connection to the public sewer in the public right-of-way, the site drainage system, the maintenance of the common areas and facilities, the exterior of the building, the abutting street trees, parkways and any costs or corrections due to building or property maintenance code enforcement actions. The covenants, codes and restrictions shall specifically reflect this obligation.
Exterior Lighting
36. Exterior lighting shall be as limited as feasible to minimize negative light and glare impacts on the neighboring residential properties. All lighting shall be shielded to prevent "spillover" and shall be directed away from surrounding properties.
Loading/Deliveries/Parking
37. Deliveries to the site are limited to the loading area located directly adjacent to the rear alley on the project site's south property line. Delivery trucks shall not idle and/or park in the alley or on any residential street.
38. On-site parking shall be provided to all commercial and residential tenants of the development and all employees shall be provided free, on-site parking. All commercial patrons shall be provided with free, on-site validated parking.
30 39. Prior to the issuance of a building permit, a Parking Management Plan satisfactory to the Director of Community Development and the Director of Public Works and Transportation shall be prepared by the Applicant. The parking shall be operated in conformance with such plan.
40. Prior to Certificate of Occupancy, the Applicant shall prepare a Public Parking Management Plan for the Director of Community Development's review and approval. This plan shall include: a) hours of operation; b) general location of public spaces; c) the maximum charges for public parking, which shall be commeasure with the rates charged at nearby City parking structures, and can be adjusted whenever the rates at nearby City parking structures are adjusted.
41. Amplified sound, including amplified music, shall be prohibited on outdoor rooftop areas at all times.
42. Biological Condition 1 - Avoid Bird Nesting Season or Conduct a Nesting Bird Survey and Provide Buffers. Vegetation removal and initial ground disturbance must occur either:
a) Outside the bird and raptor breeding season, which is typically February 1 through August 31 (as early as January 1 for some raptors), or b) If vegetation clearing occurs during the breeding season, one pre- construction bird nesting survey shall be conducted not more than one week prior to vegetation clearing to determine the locations of nesting birds.
43. Cultural Condition 1 - Unanticipated Discovery of Cultural Resources. Archaeological and Native American monitoring shall be conducted for all ground-disturbing activities with the project site. Monitoring shall be 31 performed under the direction of a qualified, city-approved archaeologist meeting the Secretary of the Interior's Professional Qualifications Standards for archaeology. If a discovery occurs and proves to be significant under CEQA, as determined by the qualified Native American Tribal representative, data recovery excavation, avoidance of the area of the find, documentation, testing, reburial, archival review and/or transfer to the appropriate museum or educational institution, or other appropriate actions may be warranted at the discretion of the qualified archaeologist. The archeologist shall complete a report of excavations and findings, and submit the report to the lead agency. After the find is appropriately mitigated, work in the area may resume.
44. Cultural Condition 2 - Unanticipated Discovery of Human Remains. If human remains are found, State of California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98.
45. Noise Condition 1 - Interior Noise Attenuation Features. The applicant shall incorporate building materials and techniques that reduce sound transmission through walls, windows, doors, ceilings, , and floors of on-site residences for all floors facing South Santa Monica Boulevard or for floors one through three facing Charleville Boulevard, in order to achieve interior noise levels of a maximum of 45 dBA CNEL. Such building materials and techniques may include double-paned windows, staggered studs, or sound-absorbing blankets incorporated into building wall design. Acoustical analysis shall be performed 32 prior to the issuance of an occupancy permit to demonstrate that noise levels in the interior livable spaces do not exceed state standards for residences. This requirement shall be incorporated into the plans to be submitted by the applicant to the City for review and approval prior to the issuance of building permits.
Section 11. The City Clerk shall certify to the passage, approval, and adoption of this resolution, and shall cause this resolution and her Certification to be entered in the Book of Resolutions of the City Council.
ADOPTED: February 18, 2020
Mayor of the City of
Beverly Hils, California
ATTEST:
Aluma Thined _ (SEAL)
HUMA AHMED
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
Sebrel Halina (28u)
LAURENCES. WEINER
City Attorney City Manager
san Heals ere
AN HEALY KEE
Director of Community Development
33 Exhibits:
A - General Plan Consistency Analysis
B - Standard Conditions List
C- Mitigation Monitoring Program
34 EXHIBIT A
GENERAL PLAN CONSISTENCY ANALYSIS ATTACHMENT
The City Council finds that the requested General Plan Amendment, Zone Text Amendment, Zoning Map LU 2.1 City Places: Neighborhoods, Districts, and Corridors. Maintain and enhance the character, distribution, build form, scale, and aesthetic qualities of the City's distinctive residential neighborhoods, business districts, corridors, and open spaces.
The Project provides for new streel-level commercial storefronts for 267' of the 300'-long South Santa Monica Boulevard street frontage of the Project site. The Project will enhance the commercial character of this existing local serving commercial corridor by filling in the large gap in development between the Peninsula Hotel and the retail storefronts located to the west of the Project site.
LU 2.4 Architectural and Site Design. Require that new construction and renovation of existing buildings and properties exhibit a high level of excellence in site planning, architectural design, building materials, use of sustainable design and construction practices, landscaping, and amenities that contribute to the City's distinctive image and complement existing development.
The Project exhibits a high level of architectural design as it is a building oriented towards luxury buyers.
The final design and materials are required to be vetted by the City's Architectural Commission, which will ensure that the proposed building is consistent with the City's distinctive image and complements development near the Project site. The building is also required to comply with the most current standards of the California Green Building Code and the California Energy Code, which are some of the strongest green building standards in the country.
LU 2.8 Pedestrian-Active Streets. Require that buildings in business districts be oriented to, and actively engage the street through design features such as build-to lines, articulated and modulated facades, ground floor transparency such as large windows, and the limitation of parking entries directly on the street. Parking ingress and egress should be accessed from alleys where feasible.
Through the City's entitlement review process the Project has gone through numerous iterations. The changes 1o the Project design have resulted in a mixed use project with ground level retail that directly engages with the street and residential units located on the upper stories of the building. The Project includes 13,036 SF of ground floor retail and restaurant spaces with individual tenant space entrances from the sidewalk. The upper levels of the Project are designed to provide more than 13,000 SF of modulation area, which is well in excess of what would be required of a building subject to the City's multi- family residential standards.
LU 2-10 Development Transitions and Compatibility. Require that sites and buildings be planned, located, and designed to assure functional and visual transitions between areas of differing uses and densities by addressing property and height setbacks, window and entry placement, lighting, landscape buffers, and service access.
35 The Project is 47' tall, which is roughly consistent, and thus compatible with the 45 ' height limit of both the multifamily residential properties to the south and the commercial properties that surround the other three sides of the Project site. The Project has a 3' setback from the South Santa Monica Boulevard property line and therefore functionally engages with this commercial street and visually continues the 'no street setback' appearance of the existing commercial streel. Larger setbacks and upper story step-backs are incorporated in the design of the southern elevation of the building, providing additional spacing from existing multifamily properties to the south.
LU 9.5 Commercial/Residential Mixed Uses. The feasibility of allowing mixed commercial/residential uses should be analyzed in order to expand the variety of housing types available and in certain areas, to improve commercial/ residential transitions.
The Project will expand the availability of multi-family housing in this neighborhood located in the southwest portion of the City by allowing housing above new, local-serving retail space centrally located on the South Santa Monica Boulevard commercial corridor: The allowed 47' height limit of the Project is roughly commensurate with the maximum height allowed on both neighboring C-3 and R-4 zoned property and thus appropriately transitions benveen these two contiguous zoning districts. The Final EIR studied the trip generation of the Project and identified it would be less than for a strictly commercial project built 1o the maximum density allowed for the existing C-3 zoning. The reduced trip generation of the Project is consistent with providing a transition berween lower traffic generating residential uses and higher traffic generating commercial uses.
LU 10.1 Local-Serving Business. Promote appropriate development of businesses that serve, are located in proximity to, and are accessible to adjoining residential neighborhoods, such as grocery stores, dry cleaners, and personal care businesses.
The addition of 13,036 SF of additional commercial floor area that will be divided into relatively small lenant spaces that are consistent in size with the existing commercial development located on this locally serving commercial corridor and are appropriate spaces for small retailers and food uses. These additional retail spaces will be located within easy walking distance of the existing development located in the adjacent residential neighborhood.
LU 10.2 Commercial Common Interest Development. Prohibit common interest development on commercially zoned properties and review City ordinances for appropriate amendments; provided, however, that the City may decide by future ordinance to permit commercial common interest developments on such terms and conditions as it deems appropriate. Consider allowing an existing commercial building listed on a Federal, State or local register of historic sites to be converted to a common interest development if substantial public benefits are provided and the conversion will not adversely impact the economic viability of the adjacent area, or of the City as a whole.
In this case, the City Council has considered an ordinance that would allow the mixed use project and contemplates subdivision of the Property consistent with the proposed project to create 25 separate residential condominium units, and one commercial parcel. As such, the Cily has implemented Land Use Policy 10.2 in that the City Council has adopted an ordinance to allow the proposed common interest Project on the terms and conditions set forth in the proposed M-PD-5 Overlay Zone.
LU 11.1 Preservation of Pedestrian-Oriented Retail Shopping Areas. Preserve, protect and enhance the character of the pedestrian-oriented retail shopping area, which are typified by a variety of retail shops with displays to attract and hold the interest of pedestrian shoppers, to ensure the continuity of the pedestrian experiences.
36 The Project site is a vacant site that is centrally located on an existing commercial corridor. The existing condition of the site does not contribute to the pedestrian experience of the area. The Project will provide a variety of new street-level, pedestrian-oriented retail spaces along the corridor.
LU 11.3 Retail Street Frontages. Require that development and street frontages in districts containing retail uses be designed and developed to promote pedestrian activity including: (a) location and orientation of the building to the sidewalk; (b) transparency of and direct access to the ground floor elevation from the sidewalk; (c) articulation of street-facing elevations to promote interest and sense of quality; (d) inclusion of uses and public spaces that extend interior functions to the sidewalk such as cafes and plazas; and (e) use of pedestrian-oriented signage and lighting.
The ground floor retail of the Project is designed to be pedestrian oriented. The spaces are oriented to direcily engage the public sidewalk; the tenant spaces are individually accessible and provide ample street facing fenestration; and there is both a 3 foot area on private property and a relatively wide sidewalk fronting the project site that could be used to extend interior functions of future tenants to the sidewalk LU 11.5 Retail Streetscapes. Maintain and, where deficient, improve street trees, planting, furniture, signage, public art, and other amenities that promote pedestrian activity.
The Project is conditioned to submit an off-site improvement plan (City Council Resolution No. 20-R- 13277, Condition 29) for improvements adjacent to the project site in the public right of way and also to work with the City's Urban Forester for replacement or planting of new street trees in the public right of way adjacent to the Project site (City Council Resolution No. 20-R-13277, Condition 19). Both conditions will ensure the project will maintain and improve the public right-of-way adjacent to the Project.
ES 1.3 Tax Base. Consistent with future economic sustainability plans, identify opportunities to enable the expansion of the City's tax base.
The Project will add new tax generating commercial and residential uses to the currently vacant Project site. In addition, a Development Agreement has been negotiated between the project applicant and City Council to secure additional public benefits including, but not limited to, additional General Fund and City special funds revenue.
CIR 3.1 Neighborhood Traffic Control Measures. Incorporate traffic control measures in residential neighborhoods as part of proposed roadway improvement or development projects to mitigate traffic impacts to residents and reduce the negative impacts of motor vehicle traffic on quality of life. Require development projects to mitigate traffic impacts to residents and reduce the negative impacts of motor vehicle traffic on residential roadways.
The Final EIR for the Project does not identify any significant and unavoidable traffic impacts. The Final EIR includes five traffic mitigation measures including review of project features and driveways for pedestrian safety; a requirement for a construction management plan that incorporates measures to ensure reduced impacts on residential neighbors; a construction worker parking plan that ensures workers will not park in adjacent residential neighborhoods; and a cumulative construction traffic management plan that will ensure that other concurrent projects will be taken into account during Project construction.
Combined, these measures will reduce the negative impacts of the Project's vehicle traffic on adjacent residential roadways.
CIR 4.1 Parking Provisions. Ensure that adequate parking is provided for existing and future uses while considering shared parking opportunities, Transportation Demand Management (TDM) plans, and availability of alternate modes of travel, based on the site's proximity to transit. 37 The Project provides 68 parking in excess of the City's Code requirements for the Project's commercial and residential uses. 54 of these excess parking spaces are designated for public use and thus is additional supply that can be used by both visitors to the site as well as visitors to other commercial businesses on South Santa Monica Boulevard. Thus, by the terms of the Development Agreement, the Project provides additional parking opportunities for other commercial users in the vicinity.
CIR 7.7 Pedestrian Network - Private. Design access to new development and buildings to encourage walking.
As discussed earlier in this document, the Project is a pedestrian oriented mixed use project that enhances the walkability of the neighborhood in which it is proposed to be located. 38 EXHIBIT B
CITY OF BEVERLY HILLS
STANDARD CONDITIONS LIST FOR THE PLANNING COMMISSION
ENGINEERING. UTILITIES AND RECREATION & PARKS:
. The applicant shall remove and replace all defective sidewalks surrounding the existin an orks Deped bendings to the satisfaction of the Engineering Division of the City s istin . The applicant shall remove and replace all defective curb and gutter surrounding the silic Works Depaed heidings to the satisfaction of the Engineering Division of the Cily's
3. The applicant shall remove all unused landings and driveway approaches. These parkway areas, if any, shall be landscaped and maintained by the project owner or any successor in interest. The landscape material shall not exceed six to eight inches in height and shall not ›e planted against the street trees. Care Shall be taken to not damage or remove existin:
ree roots within the parkway area. Further the applicant shall remove and replace al detective alley and driveway approaches surrounding the existing and proposed buildings, to the satisfaction of the Engineering Division of the City's Public Works Department.
4. The applicant shall protect all existing street trees adjacent to the subject site during construction of the proposed project. Every effort shall be made to retain mature street trees. No street trees, including those street trees designated on the conceptual landscape or site plans, shall be removed or relocated unless written approval from the Recreation and Parks Department and the City Engineer first is obtained. (See attached Trees and Construction document.)
Removal and/or replacement of any street trees shall not commence 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 Recreation and Parks, and shall be in a form approved by the City Engineer and the City Attorney.
). The applicant shall provide that all roof and/or surface drains discharge to the street. Al curb drains installed shall be angled at 45 degrees to the curb face in the direction of the normal street drainage flow. The applicant shall provide that all groundwater discharges to a storm drain. All ground water discharges must have a permit (NPDES) from the
5. The applicant shall provide for all utility facilities, including electrical transformer required for service to the proposed structure(s), to be installed on the subject site. No sucl installations will be allowed in any City right-of-way.
7. The applicant shall underground, if necessary, the utilities in adjacent streets and alleys per requirements of the Utility Company and the City.
39 9. 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 anc location of the water service meter installation will also require approval from the Cit
10. The applicant shall provide to the Engineering Office the proposed demolition/construction taging for this project to determine the amount, appropriate routes and time of day o eavy hauling truck traffic necessary for demolition. deliveries, etc.. to the subiect sit
11. The applicant shall obtain the appropriate permits from the Civil Engineering Department for the placement of construction canopies, fences, etc., and construction of any improvements in the public right-or-way, and for use of the public right-or-way for staging and/or hauling certain equipment and materials related to the project
12. Thaydian chal ring coe and rion prations persome andey permis isled night.
13. Dution one geniora al items in the shine feline, Chemical and Waste Control
14. Cord drainte from HVAC and refrigeration equipment shall drain to the sanitary sewer, not
15. Organi esd the fley dait operas in and water not to ted to grocer ano be markets and food services.
16. Airol Board. Exanhales ground waterdischarges are, ring ground a wand guaige 40 EXHIBIT C
ADOPTED MITIGATION MONITORING AND REPORTING PROGRAM
41 B0785-1 58012385921 v4.doc
9908 South Santa Monica Boulevard Condominium Project EIR Mitigation Monitoring and Reporting Program
Mitigation Monitoring and Reporting Program
This document is the Mitigation Monitoring and Reporting Program (MMRP) for the 9908 South Santa Monica Boulevard Condominium Project, proposed in the City of Beverly Hills. provides feedback to agency staff and decision-makers during Project implementation, and identifies the need for enforcement action before irreversible environmental damage occurs.
The following table summarizes the mitigation measures for each issue area identified for the for the measure to be implemented; the time at which the monitoring is to occur; the monitoring This MMRP will be used by City staff or the City's consultant to determine compliance with permit conditions. Violations of these conditions may cause the City to revoke the operating permit.
City of Beverly Hills
MMRP-1
190g Sion anita Ming an eparing Programum Project EIR
When Responsible Compliance Verification
Mitigation Measure Action Required Monitoring to Monitoring Agency or Frequency Initial: Date Comments
Occur Party:
LAND USE AND PLANNING
LU-1 Operational Measures Program. Prior During building plan Prior to Prior to issuance Project Noisever cores is, the apicant submitted check, the plans and issuance of of grading Applicant, program for grading permit, periodic Community
program of implementation and operational implementation and permit. reviews as Development measures required by the Planned Development operational measures needed. Department Standards in the BHMC shall be reviewed and shall be reviewed by approved by the appropriate City the Community
Departments/Divisions (e.g. Building & Safety, Development Planning, Transportation, etc.). Department for
compliance with the
overlay zone,
submitted parking
plans, and Mitigation
Construction Management Program. Prior to Prior to issuance Project Prior to issuance of a grading or building permit, check, the construction issuance of of grading or Applicant, whichever comes first, as required by the Planned management program grading or building permit, Community Development Standards in the BHMC the shall be reviewed by building whichever Development applicant shall submit a construction the Community permit, comes first, Department management program that addresses issues a Development whichever periodic reviews through / listed below. The program will be Department and the comes first. as needed. reviewed and approved by the appropriate City Building and Safety Departments/Divisions (e.g. Building & Safety. Compliance with this Planning, Transportation, etc.).
a) Fugitive dust measure.
b) Noise attenuation
Hours of operation
Street circulation and parking
Employee parking
Truck routing and staging
Public notifications
Pedestrian safety
Holiday season considerations
Coordination hinder construction
activities in the vicinity of the project
City of Beverly Hills
MMRP-2
9908 South Santa Monica Boulevard Condominium Project EIR Mitigation Monitoring and Reporting Program
When Monitoring Responsible Compliance Verification
Mitigation Measure Action Required Monitoring to Agency or Frequency Initial Date Comments
Occur Party
TRANSPORTATION AND TRAFFIC
TRAF-1 Review of Project Features. Prior to The Project Applicant Before Once prior to Project constructing project features (such as walls or shall identify all project issuance of a issuance of Applicant, landscaping) adjacent to the project driveways, the features that could building building permit. Department of City Traffic Engineer shall review the proposed conflict with driveway permit. Public design to ensure that fealures are adequately visibility on project Works/Civil designed to not obstruct driver and pedestrian plans. The City Traffic Engineering Engineer, Public Division and
Works Department and Community
Community Development
Development Department.
Department will review
and approve the
project features to
ensure that their
locations comply with
all applicable location
and distance
standards.
TRAF-2 Driveway Plans. Prior to the issuance of During building plan Before Once prior to Project a building permit, the Developer shall submit Check, the driveway issuance of a issuance of Applicant, driveway plans for review and approval by the City plan shall be reviewed building building permit. Community of Beverly Hills, which shall include pedestrian by the Community permit. Development safety measures such as visual and/or audible Development Department warning to pedestrians along the South Santa Department to ensure Monica Boulevard to indicate when vehicles are compliance with this exiting the Project driveway. The Project shall measure. include a stop sign for vehicles leaving the Project
driveway prior to entering the public sidewalk.
TRAF-3 Construction Traffic Management Plan. The Construction Before Prior to issuance Project The Developer shall create a Draft Construction Traffic Management issuance of a of grading Applicant, Traffic Management Plan to minimize traffic fow Plan and a grading permit. permit, and Community interference from construction activities. The Final Construction Workers periodic reviews Development Construction Traffic Management Plan shall be Parking Management as needed. Department submitted to the City and shall include plans to Plan shall be reviewed accomplish the following: by to the Director of
• Maintain existing access for land uses in the Community proximity of the Project site during Project Development and the Building and Safety
• Schedule deliveries and pick-ups of Division for compliance City of Beverly Hills
MMRP-3
9908 South Santa Monica Boulevard Condominium Project EIR Mitigation Monitoring and Reporting Program
When Responsible Compliance Verification
Monitoring Agency or
Mitigation Measure Action Required Monitoring to
Frequency Initial Date Comments
Occur Party
construction materials for non-peak travel with this measure. periods, to the maximum extent feasible;
• Coordinate haul trucks, deliveries and pick-ups Field inspectors during to reduce the potential for trucks waiting to load construction will also or unload for protracted periods of time; review the work to • Minimize obstruction of through- ensure that it complies traffic lanes on Wilshire Boulevard with the requirements and Santa Monica Boulevard; set forth by the
Construction Traffic
• Construction equipment traffic from
the contractors shall be controlled Management Plan and the Construction
by flagman;
Workers Parking
• Designated transport routes for Management Plan.
heavy trucks and haul trucks to be
Astor there on of the
Continuously
• Schedule vehicle movements to during grading
ensure that there are no vehicles and Periodically
waiting offsite and impeding public construction. during grading traffic flow on the surrounding and
construction.
• Establish requirements for
loading/unloading and storage of
materia parts puject ste, where
encumbered, length of time traffic
travel lanes can be encumbered,
sidewalk closings or pedestrian
diversions to ensure the safety of
the pedestrian and access to local
businesses;
• Coordinate with adjacent
businesses and emergency service
providers to ensure adequate
access exists to the Project site and
neighboring businesses; and
• Prohibit parking for construction
workers except on the Project site
and any designated offsite parking
locations. These off site locations
City of Beverly Hills
MMRP-4
9908 South Santa Monica Boulevard Condominium Project EIR Mitigation Monitoring and Reporting Program
When Responsible Compliance Verification
Mitigation Measure Action Required Monitoring to Monitoring Frequency Agency or Initial
Occur Party Date Comments
will require the approval of the City
of Beverly Hills. These offsite
parking locations cannot include any
parking garage in the City of Beverly
Hills or any residential streets
including Charleville Boulevard,
Durant Street, and those streets
which connect to Charleville
Boulevard.
The Final Construction Traffic Management Plan
shall be submitted and approved by the City prior
to issuance of a grading or building permit,
whichever comes first.
TRAF-4 Construction Workers Parking Plan. The primary contractor Before Prior to issuance Project The Developer shall submit a Construction Workers shall submit to the issuance of a of grading Applicant, Parking Plan identifying parking locations for Community grading permit. permit, and Community construction workers. To the maximum extent Development periodic reviews Development feasible, all worker parking shall be accommodated Department a program as needed. Department on the project site. During construction activities and affidavit attesting when construction worker parking cannot be to the compliance with accommodated on the project site, the Plan shall this measure as part of identify alternate parking locations for construction the Construction workers and specify the method of transportation to Workers Parking Plan, and from the project site for approval by the City which will be reviewed prior to issuance of a grading or building permit, by the Community whichever comes first. The Construction Workers Development Parking Plan must include appropriate measures to Department ensure that the parking location requirements for
construction workers will be strictly enforced. These Building inspectors will include but are not limited to the following review for compliance Continuously measures: with the requirements during grading
• All construction contractors shall be provided set forth by the and Periodically with written information on where their workers Construction Traffic construction. during grading and their subcontractors are permitted to park Management Plan and and and provide clear consequences to violators the Construction construction. for failure to follow these regulations. This Workers Parking information will clearly state that no parking is Management Plan permitted on residential streets south of Santa during field Monica Boulevard or in public parking inspections.
City of Beverly Hills
MMRP-5
9908 South Santa Monica Boulevard Condominium Project EIR Mitigation Monitoring and Reporting Program
When Responsible Compliance Verification
Action Required Monitoring to Monitoring Agency or
Mitigation Measure Frequency Comments
Initial Date
Occur Party
structures;
• No parking for construction workers shall be
permitted within 500 feet of the nearest point of
the project site except within designated areas.
The contractor shall be responsible for
informing subcontractors and construction
workers of this requirement, and if necessary.
for hiring a security guard to enforce these
parking provisions. The contractor shall be
responsible for all costs associated with
enforcement of this mitigation measures; and
• In lieu of the above, the project
applicant/construction contractor has the option
of phasing demolition and construction
activities such that all construction worker
parking can be accommodated on the project
site throughout the entire duration of
demolition, excavation and construction
activities.
TRAF-5 Cumulative Construction Management A signed document Before Prior to issuance Project Plan. The applicant for the Proposed Project shall specifying the plan of issuance of a of grading Applicant, prepare a Cumulative Construction Management the project shall be grading permit. permit. Department of Plan in efforts to coordinate with the construction submitted to the Public plans for One Beverly Hills, the Beverly Hilton Community Works/Civil Revitalization Plan, Metro Purple Line Extension, Development 10000 Santa Monica, Westfield Shopping Center, Department for review and the City of Beverly Hills. The requirements of to enforcement. Community the plan are as follows: Development
• Provide details regarding any temporary Department.
roadway closures in order to limit overlap of
• Provide details regarding all major deliveries to
limit the occurrence of simultaneous deliveries.
• Provide details regarding the loading and
unloading of delivery vehicles. Any offsite
staging areas for delivery vehicles shall be
consolidated and shared.
The City will review the plan, and any overlap in
construction activities will be addressed through
coordination with the City.
City of Beverly Hills
MMRP-6
9908 South Santa Monica Boulevard Condominium Project EIR Mitigation Monitoring and Reporting Program
City of Beverly Hills
MMRP_7
Attachment 4
DocuSign Envelope ID: 751F91AF-8503-4E9C-A270-D9451047B2A2 RESOLUTION NO. 1954
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF BEVERLY HILLS CONDITIONALLY APPROVING
AMENDMENTS TO VESTING TENTATIVE TRACT MAP NO.
74391 AND A PLANNED DEVELOPMENT TO ALLOW
CONSTRUCTION OF A RETAIL AND RESIDENTIAL MIXED-
USE PROJECT FOR PROPERTY LOCATED AT 9908 SOUTH
SANTA MONICA BOULEVARD
The Planning Commission of the City of Beverly Hills hereby finds, resolves, and determines as follows:
Section 1. 9908 Santa Monica Blvd., LLC (the "Applicant"), has submitted an application for amendments to Vesting Tentative Tract Map No. 74391 and a Planned Development authorizing a mixed-use building at 9908 South Santa Monica Boulevard. Vesting Tentative Tract Map No. 74391 and Planned Development were originally approved by City Council Resolution No. 20-R-13277 on February 18, 2020. Further, the City Council, on February 18, 2020, adopted Ordinance No 20-O-2802 approving a development agreement for the project.
The current Application is for subsequent interior and exterior amendments to the previously approved Project entitlement.
Section 2. The Project site is a currently vacant parcel located on South Santa Monica Boulevard at the southwest corner of the intersection with Charleville Boulevard. South Santa Monica Boulevard is a commercial street zoned C-3A, and is characterized by established low rise retail/restaurant and other community serving uses. In February 2020, the Project site was rezoned Mixed-Use Planned Development 5 (M-PD-5), which allows for commercial and residential mixed use development.
DocuSign Envelope ID: 751F91AF-8503-4E9C-A270-D9451047B2A2 The current Project is a request to amend the existing Vesting Tentative Tract Map No. 74391 and Planned Development as follows:
• Reduce the total number of residential units from 25 to 17.
Add a residential unit at the ground floor through removal of a residential common area and reconfiguration of ground floor commercial 'back of house'. • Reconfigure the loading space in the rear yard from a parallel-to-alley to perpendicular-to-alley configuration.
• Modify commercial loading from an 'east-west' oriented interior commercial corridor to 'north-south' corridor to access retail and restaurant tenant spaces. • Add ground level rear yard residential open space with a 12' tall privacy wall. • Reconfigure the building interior to provide direct elevator and stairway access to residential units instead of second through fourth levels shared corridors. • Increase the number of residential elevators from three to six. Increase the number of rooftop elevator enclosures to six.
• Add two private residential pools for individual units located on the ground level and on the second story terrace.
• Add four rooftop private pools and private rooftop pool rooms/restroom facilities for each of the four rooftop private residential pools. • Reconfigure the common residential rooftop amenity structure including adding a covered common patio area.
• Reduce the overall number of parking spaces from 176 to 148. 54 public parking spaces required by the development agreement will be maintained. 2 DocuSign Envelope ID: 751F91AF-8503-4E9C-A270-D9451047B2A2 • Reduce exterior building modulation from 13,356 SF to 7,858 SF and reduce upper level side step-backs by up to 4 inches.
• Reduce commercial floor area from 13,036 SF to 12,560 SF. Increase residential floor area from 76,969 SF to 77,432 SF. Reduce overall building floor area from 90,005 SF to 89,992 SF.
Section 3. The City of Beverly Hills previously certified a Final Environmental Impact Report (FEIR) for the mixed-use project on February 4, 2020 (City Council Resolution No. 20-R-13272). The Project amendment includes physical changes to the approved building that are consistent with the height, overall size and M-PD-5 development standards that regulate the Project site. An addendum to the previously certified FEIR has been prepared to assess the proposed physical Project modifications 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 proposed Project amendments would not result in any new significant environmental impacts or increase the severity of an impact beyond what was studied in the 2020 FEIR. Overall, implementation of the amended Project would result in similar impacts as those of the previously approved Project related to aesthetics, hazards and hazardous materials, land use and planning, noise and vibration; and slightly less impacts than those of the previously approved Project related to air quality, GHG emission/climate change, and transportation and traffic. The supplemental analysis provided in the Addendum shows that none of the conditions identified in CEQA guidelines §15162 that require preparation of a supplement to the 2020 FEIR have occurred. The Planning Commission hereby finds that an addendum to the 3 DocuSign Envelope ID: 751F91AF-8503-4E9C-A270-D9451047B2A2 FEIR is the appropriate environmental document to evaluate the amended Project under CEQA, and hereby adopts the Addendum.
Section 4. On March 9, 2021, a trackable Adjacent Neighbors notice was sent by mail to all property owners and residential occupants within 100 feet of the Project site. On March 19, 2021, a Notice of Pending Application was mailed to all property owners and residential occupants within 1,000 feet plus block face of the Project site. On August 6, 2021, a Notice of Public Hearing was mailed to all property owners and residential occupants within a 1,000-foot radius of the property plus block face as well as all registered interested parties for the subject Project. The Notice of Public Hearing was posted on the property on August 6, 2021. The hearing notice was also published in the Beverly Hills Courier on Friday, August 6, 2021 and the Beverly Hills Weekly on Thursday, August 12, 2021.
On August 26, 2021, the Planning Commission held a duly noticed public hearing.
Evidence, both written and oral, was presented at the meeting. At the conclusion of that hearing, the Planning Commission directed staff to return at a date certain on September 9, 2021 with a resolution conditionally approving the amended Project. On September 9, 2021, the Planning Commission considered the Project. Evidence, both written and oral, was presented at the meeting.
Section 5. Planned Development Findings. Pursuant to BHMC §10-3-1843, in reviewing the application for a Planned Development, the Planning Commission considered the following: "The Planning Commission may approve a planned development if the commission finds that the proposal will meet the requirements of this code and will advance objectives of the zone in which it is located. The Planning Commission may impose such conditions and restrictions 4 DocuSign Envelope ID: 751F91AF-8503-4E9C-A270-D9451047B2A2 on the approval as are necessary to ensure that the planned development will advance objectives of the zone."
The objectives of the M-PD-5 Overlay Zone are as follows:
1. To ensure that mixed use development in the M-PD-5 zone will serve to maintain the vibrancy of local serving commercial uses along the South Santa Monica commercial corridor;
2. To provide for mixed use development that encourages high quality design and residential uses and amenities through appropriate height, modulation, setbacks, and other similar measures;
3. To provide pedestrian friendly commercial uses and amenities along the street level;
4. To encourage that mixed use development in the M-PD-5 zone will enhance adjoining residential neighborhoods and minimize traffic impacts; and
5. To protect the public health, safety, and welfare.
Section 6. Based on the foregoing, the Planning Commission hereby finds and determines as follows with respect to the Planned Development:
1. As conditioned, the amended Project will maintain and enhance the vibrancy of local serving commercial uses along the South Santa Monica commercial corridor. The project site is presently a parking area separated from the public right-of-way by a hedge. The previous building at the project site, the Friars Club, was demolished in 2011. The 36,034 SF project site has 300' of South Santa Monica Boulevard street frontage and is centrally located along that street's 5 DocuSign Envelope ID: 751F91AF-8503-4E9C-A270-D9451047B2A2 commercial corridor. The amended Project will provide 12,560 square feet of sidewalk facing retail and restaurant store-fronts along a 267' portion of the South Santa Monica Boulevard corridor that currently does not have commercial uses.
Constructing a building containing a mix of multi-tenant ground level retail, accessible from the sidewalk through individual entrances, and residential units above will contribute to the vibrancy of the commercial corridor by filling in the large gap in commercial development between the Peninsula Hotel and the retail storefronts located to the west. In addition, the amended Project places the restaurant in the corner retail tenant space which improve the visibility of the restaurant space and positively contribute to vibrancy of the commercial corridor.
The Applicant will be required to prepare and submit a construction management plan and to conform all construction activities to said plan to minimize construction impacts on adjacent land uses while the building is being constructed.
Thus, the amended Project will maintain vibrancy on this local serving commercial corridor during the short term project construction phase and also contribute to vibrancy for the long-term operational life of the amended Project by adding street level retail space to a long vacant parcel. Further, for the reasons set forth in Exhibit A, attached hereto, and incorporated by reference, the Project is consistent with the General Plan as amended.
2. As conditioned, the amended Project is a mixed use development with a high-quality design and provides for residential uses and amenities with appropriate height, modulation, and setbacks. The amended Project maintains the previously approved 47' building height, which is similar to the 45' height limit 6 DocuSign Envelope ID: 751F91AF-8503-4E9C-A270-D9451047B2A2 applicable to neighboring commercially zoned properties located on the South Santa Monica Boulevard corridor and to neighboring multi-family residential properties located on Durant Drive. The amended Project increases the amount of rooftop amenity room floor area from 2,613 SF to 5,262 SF. The amended rooftop amenity rooms and mechanical enclosures maintain the same maximum height as the original approval and are no more than 57' above the Project's datum point.
The height of the rooftop structures are roughly equivalent with the 60' maximum height for rooftop uses on neighboring commercial parcels and the 55' maximum height for mechanical penthouses on neighboring residential parcels. Thus, the amended Project maintains the previously approved height which was found appropriate for the site as the height is generally commensurate with the allowable building height and rooftop structure height applicable to neighboring commercial and residential properties. The M-PD-5 Overlay Zone allows for the Planning Commission to evaluate and define the appropriate amount of building modulation for a project through the Planned Development Permit. The amended Project provides 7,858 SF of building modulation area. If the City's multi-family development standards were applicable to the Project, then approximately 7,440 SF of modulation area would be required. Therefore the amount of proposed modulation provided for the amended Project is in excess of what would be required if multiple family development standards were applicable. Thus the building design provides for an appropriate amount of building modulation. The project provides a minimum of a 3' setback from street-facing property lines, a 6' setback from the alley-facing property line, and a O' setback from the interior side DocuSign Envelope ID: 751F91AF-8503-4E9C-A270-D9451047B2A2 yard lot line along the site's western edge. In addition, the upper 3 stories of the building are stepped back a minimum of an additional 7" from the street-facing and alley property lines, and stepped back an additional 26'-6" from the interior side yard property line. The building's ground level setback requirements will place the front façade in an appropriate location for pedestrians to easily access the individual street-level retail and restaurant spaces. The upper level step backs both differentiate the residential portion of the building from the ground level and also move the residential uses farther away from adjacent existing residential uses located to the south. Thus the building design provides for appropriate setbacks for a mixed use project. Further, the amended Project's building façade, architectural details and landscaping are subject to review and approval by the Architectural Commission.
3. As conditioned, the Project will provide pedestrian-friendly commercial uses and amenities along the street level. Approximately 267' of the 300' long north parcel frontage along South Santa Monica Boulevard will be devoted to pedestrian friendly commercial uses. Direct access to individual retail and restaurant spaces will be provided from the South Santa Monica Boulevard sidewalk. The amended Project will create continuity of retail development accessible from the street along the south side of South Santa Monica Boulevard.
Thus the amended Project will fill in an existing large gap of retail development on the South Santa Monica Boulevard commercial corridor, which stretches approximately 1,500' from Lasky Drive to South Moreno Drive. The amended Project will contribute to the completion of the urban fabric of this commercial 8 DocuSign Envelope ID: 751F91AF-8503-4E9C-A270-D9451047B2A2 corridor by replacing the existing vacant lot with a mixed use building specifically designed to provide retail amenities to pedestrians.
4. As conditioned, the amended Project will enhance adjoining residential neighborhoods and minimize traffic impacts. As designed, the amended Project provides two vehicle access points to the site. The majority of on-site subterranean parking and all dedicated commercial parking would be accessible from South Santa Monica Boulevard. Retail and restaurant uses are the highest trip generating uses proposed at the project site. The majority of residential parking will be accessible from a motor court located on Charleville Boulevard.
The nearest adjacent residential neighborhood is located south of the project site, starting on Durant Drive. Designing vehicle access so that only residential parking is accessible from Charleville Boulevard will potentially reduce the amount of vehicle trips travelling to and from the site using the residential streets south of the project site because parking for the Project's highest trip generating uses would be accessed from South Santa Monica Boulevard. In addition, the amended Project would likely be less impactful on local traffic, including traffic in the adjacent residential neighborhood, than the currently approved project because the 30% reduction in number of residential units and the decrease of commercial floor area from 13,036 SF to 12,560 SF will generate fewer vehicle trips than the previously approved Project. The mitigation measures in the Project's certified Final EIR continue to be applicable to the amended Project. The mitigation measures include: a) review of all project features for pedestrian safety; b) the implementation of pedestrian safety features at driveways; c) a construction traffic 9 DocuSign Envelope ID: 751F91AF-8503-4E9C-A270-D9451047B2A2 management plan and a construction worker parking plan; and, d) a cumulative construction traffic management plan. These mitigation measures will help ensure that impacts on neighboring properties, including neighboring residential properties, will be minimized during project construction. In particular, construction worker parking in the adjacent residential neighborhood will be expressly prohibited during project construction. The mitigation measures will also enhance the overall walkability around the project site once the Project is operational because project design features will be assessed for pedestrian safety and pedestrian safety features will be installed at Project driveways.
5. As conditioned and designed, and as mitigated in the adopted Final EIR for the Project, and consistent with the findings stated above, the amended Project will protect the public health, safety, and welfare.
Section 7. Vesting Tentative Tract Map Findings. Pursuant to the California Subdivision Map Act (§66474 and §66473.1a) and the City's subdivision requirements, the Planning Commission considered the following findings:
1. Whether the proposed map is consistent with applicable general and specific plans as specified in Section 65451;
2. Whether the design or improvement of the proposed subdivision is consistent with applicable general and specific plans;
3. Whether the site is physically suitable for the type of development;
4. Whether the site is physically suitable for the proposed density of development;
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5. Whether the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially or avoidably injure fish or wildlife or their habitat;
6. Whether the design of the subdivision or type of improvements are likely to cause serious public health problems
7. Whether the design of the subdivision or type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.
Whether the design of a subdivision for which a tentative map is required pursuant to Section 66426 shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.
Section 8. The Planning Commission hereby finds and determines as follows with respect to the Vesting Tentative Tract Map (the "Map"):
1. As conditioned, the amended Map is consistent with applicable general plan, and there are no applicable specific plans. The amended Map is consistent with the City's General Plan of the City for the reasons set forth in Exhibit A, attached hereto, and incorporated by reference. The amended Map complies with the maximum residential density requirement as well as the commercial minimum density requirements of the proposed General Plan Land Use Designation of M-PD-5. Therefore, The Planning Commission finds that the amended Map is consistent with the General Plan.
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2. As conditioned, the amended Map and its design and improvements are consistent with both the City's General Plan of the City, and there are no applicable specific plans. The proposed subdivision and improvements implement the uses described in the Overlay Zone and comply with all applicable development standards of the M-PD-5 Overlay Zone and General Plan Land Use Designation, including but not limited to height, use, and parking standards. The design and improvements included dedication of right-of-way for an expanded alley adjacent to the south side of the project site. Further, for the reasons set forth in Exhibit A, attached hereto, and incorporated by reference, the amended Project is consistent with the General Plan. For the foregoing reasons, the Planning Commission finds that the amended Project's design and improvements are consistent with the City's General Plan.
3. As conditioned, the site is physically suitable for the type of development. The site is currently vacant. The infrastructure serving the site is generally adequate to support the development proposed on the site and the Applicant shall be required to upgrade sewer capacity, if necessary, prior to finalizing the tentative map. A fault hazard investigation report was completed at the project site and no unusual seismic hazard was identified. The project site is adjacent to parcels developed with both commercial and multi-family development.
Therefore, the Planning Commission finds that the site is physically suitable for the proposed commercial and residential development project.
4. As conditioned, the site is suitable for the proposed density of development. The 2.5 FAR of the amended Project is consistent with the maximum 12 DocuSign Envelope ID: 751F91AF-8503-4E9C-A270-D9451047B2A2 allowable FAR in the Mixed Use Planned Development Overlay Zone (M-PD-5).
The amended 0.349 commercial FAR exceeds the minimum required commercial density (0.33 FAR) required in the recommended Mixed Use Planned Development Overlay Zone (M-PD-5). Therefore, the Planning Commission finds that the site is suitable for the proposed density of development.
5. The Final EIR and subsequent Addendum prepared for the Project found no significant impacts to fish, wildlife or habitat because the site was previously developed and is currently vacant and lacking in any natural vegetation or habitat. Therefore, the Planning Commission finds that the proposed Project, as conditioned, will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
6. As conditioned, the design of the subdivision and the type of improvements will not cause serious public health problems. The Final EIR previously prepared for the Project as well as the Addendum prepared for the amended Project both evaluated Aesthetics (including the proposed building's shadow effects), Air Quality, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Noise, and Transportation and Traffic. The EIR and subsequent Addendum both found that all potentially significant impacts could be mitigated to below a level of significance. After mitigation, any negative public health problems resulting from the Project's construction and operation would not exceed CEQA levels of significance. As such, the Planning Commission finds that the design of the subdivision and the type of improvements will not cause serious public health problems.
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7. The design of the subdivision will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. The Vesting Tentative Tract Map associated with the Project has been preliminarily reviewed by the Public Works and Engineering Department. In addition, encroachment permits will be obtained for all temporary and permanent encroachments into the public right-of-way. The public at large has not acquired any other easement for access through or use of the property. The Applicant is also required to provide a 2'-6" dedication to widen the alley in compliance with the Streets Master Plan. For the foregoing reasons, the Planning Commission finds that the design of the subdivision will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision.
8. The design of the proposed subdivision for which a tentative map is required pursuant to Subdivision Map Act §66426 will provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision. The proposed subdivision design considers local climate, contours, parcel configuration, and other design and improvement requirements. The amended project includes large outdoor terraces for the majority of units and provides for ample wall openings for all units, maximizing passive natural cooling opportunities. Further, the subdivider is required to consider various building construction techniques, green building standards, overhanging eaves, window locations, insulation, and landscaping for building shade prior to final design and obtaining building permits for the Project. As such, the Planning Commission 14 DocuSign Envelope ID: 751F91AF-8503-4E9C-A270-D9451047B2A2 finds that the Project will provide, to the extent feasible, future passive or natural heating or cooling opportunities.
Section 9. Based on the foregoing, the Planning Commission hereby approves the requested amendments to a Planned Development and Vesting Tentative Tract Map No. 74391 to allow construction of the mixed-use Project at the property located at 9908 South Santa Monica Boulevard subject to the following conditions:
1. City Council Resolution 20-R-13277 remains in effect. All conditions of approval set forth in City Council Resolution 20-R-13277 shall remain in full force and effect except as modified herein.
2. The conditions set forth in this Resolution shall run with the land and shall remain in force for the duration of the life of the Project.
Covenant Recordation
3. This Resolution conditionally approving amendments to the Vesting Tentative Tract Map and Planned Development to allow construction of a mixed- use development at the property located at 9908 South Santa Monica Boulevard the "Approvals"), 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 copy of the executed covenant to the Department of Community Development within 180 days of the Planning Commission's decision. At the time that the Applicant delivers the covenant to 15 DocuSign Envelope ID: 751F91AF-8503-4E9C-A270-D9451047B2A2 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 a Planned Development and Vesting Tentative Tract Map shall be null and void and of no further effect. Notwithstanding the foregoing, the Director of Community Development may, upon a written request by the Applicant, submitted prior to the expiration of the 180-day period, grant a written extension of the 180- day time limit for a period of no more than 180 days if, at the time of the request, the Director determines that there have been no substantial changes to any federal, state or local law that will 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.
Amended Project Conditions
4. The Project shall be built in substantial compliance with the plans and amended Vesting Tentative Tract Map submitted for the August 26, 2021 Planning Commission meeting, on file with the Department of Community Development, which supersede the Project plans and prior Vesting Tentative Tract Map approved by the City Council on February 18, 2020. The amended Project plans may be subject to any additional conditions imposed by the Architectural Commission. In no case shall the amended Project include more than 17 multi- family residential units or less than 12,560 square feet of commercial space. In addition, the ground floor space fronting on South Santa Monica Boulevard shall be occupied by commercial uses, which, in the opinion of the Director of 16 DocuSign Envelope ID: 751F91AF-8503-4E9C-A270-D9451047B2A2 Community Development, are pedestrian-friendly uses. Any minor modifications to the plans shall be approved by the Department of Community Development prior to any work being done on the Project pursuant to those modifications.
Modification deemed major by the Director of Community Development will require review and approval by the Planning Commission. Review of modifications or corrections of the plans may trigger the need to pay additional processing fees.
5. Use of Loading Space for Commercial Deliveries. The modified loading facility adjacent to the alley may only be used for the delivery of goods and materials to the building's commercial tenant spaces between the hours of 9:30 AM and 3 PM, seven days a week.
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17 DocuSign Envelope ID: 751F91AF-8503-4E9C-A270-D9451047B2A2 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: September 9, 2021
Andrew licht
Andrew Licht
Chair of the Planning Commission of the
City of Beverly Hills
Attest:
Jumatta Juay
Timothea Tway, AICP
Secretary of the Planning Commission
Approved As To Form: Approved As To Content:
Deal I dran Jemattea Juay
David M. Snow Timothea Tway, AICP
Assistant City Attorney City Planner
Community Development Department
Exhibits:
A - General Plan Consistency Analysis
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EXHIBIT A
GENERAL PLAN CONSISTENCY ANALYSIS ATTACHMENT
The Planning Commission finds the requested amendments to the Planned Development and Vesting Tentative Tract Map for a four-story, mixed use project consisting of 17 condominium units and 12,560 SF of ground floor retail on a property located at 9908 South Santa Monica Boulevard is consistent with the General Plan as follows:
LU 2.1 City Places: Neighborhoods, Districts, and Corridors. Maintain and enhance the character, distribution, build form, scale, and aesthetic qualities of the City's distinctive residential neighborhoods, business districts, corridors, and open spaces.
The amended Project provides for new street-level commercial storefronts for 267' of the 300'- long South Santa Monica Boulevard street frontage of the Project site. The amended Project will enhance the commercial character of this existing local serving commercial corridor by filling in the large gap in development between the Peninsula Hotel and the retail storefronts located to the west of the Project site.
LU 2.4 Architectural and Site Design. Require that new construction and renovation of existing buildings and properties exhibit a high level of excellence in site planning, architectural design, building materials, use of sustainable design and construction practices, landscaping, and amenities that contribute to the City's distinctive image and complement existing development.
The amended Project exhibits a high level of architectural design as it is a building oriented towards luxury buyers. The final design and materials are required to be vetted by the City's Architectural Commission, which will ensure that the proposed building is consistent with the City's distinctive image and complements development near the Project site. The building is also required to comply with the most current standards of the California Green Building Code and the California Energy Code, which are some of the strongest green building standards in the country.
LU 2.8 Pedestrian-Active Streets. Require that buildings in business districts be oriented to, and actively engage the street through design features such as build-to lines, articulated and modulated facades, ground floor transparency such as large windows, and the limitation of parking entries directly on the street. Parking ingress and egress should be accessed from alleys where feasible.
Through the City's entitlement review process the Project has gone through numerous iterations.
The changes to the Project design have resulted in a mixed use project with ground level retail that directly engages with the street and residential units located on the upper stories of the building. The amended Project includes 12,560 SF of ground floor retail and restaurant spaces with individual tenant space entrances from the sidewalk. The upper levels of the amended Project are designed to provide more than 7,858 SF of modulation area, which exceeds what would be required of a building subject to the City's multi-family residential standards.
LU 2-10 Development Transitions and Compatibility. Require that sites and buildings be planned, located, and designed to assure functional and visual transitions between areas of differing uses and densities by addressing property and height setbacks, window and entry placement, lighting, landscape buffers, and service access.
DocuSign Envelope ID: 751F91AF-8503-4E9C-A270-D9451047B2A2 The amended Project is 47' tall, which is roughly consistent, and thus compatible with the 45' height limit of both the multifamily residential properties to the south and the commercial properties that surround the other three sides of the Project site. The amended Project has a 3'- 1" setback from the South Santa Monica Boulevard property line and therefore functionally engages with this commercial street and visually continues the 'no street setback' appearance of the existing commercial street. Larger setbacks and upper story step-backs are incorporated in the design of the southern elevation of the building, providing additional spacing from existing multifamily properties to the south.
LU 9.5 Commercial/Residential Mixed Uses. The feasibility of allowing mixed commercial/residential uses should be analyzed in order to expand the variety of housing types available and in certain areas, to improve commercial/ residential transitions.
The amended Project will expand the availability of multi-family housing in this neighborhood located in the southwest portion of the City by allowing housing above new, local-serving retail space centrally located on the South Santa Monica Boulevard commercial corridor. The allowed 47' height limit of the amended Project is roughly commensurate with the maximum height allowed on both neighboring C-3 and R-4 zoned property and thus appropriately transitions between these two contiguous zoning districts. The Final EIR and subsequent addendum both discuss the trip generation of the amended Project and identify trip generation would be less than for a strictly commercial project built to the maximum density allowed for the existing C-3A zoning. The reduced trip generation of the amended Project is consistent with providing a transition between lower traffic generating residential uses and higher traffic generating commercial uses.
LU 10.1 Local-Serving Business. Promote appropriate development of businesses that serve, are located in proximity to, and are accessible to adjoining residential neighborhoods, such as grocery stores, dry cleaners, and personal care businesses.
The additional 12,560 SF of commercial floor area will be divided into relatively small tenant spaces consistent in size with the existing commercial development located on this locally serving commercial corridor. These retail spaces are appropriately sized for small retailers and food uses which are appropriate uses to serve the adjoining residential neighborhoods. These additional retail spaces will be located within easy walking distance of the existing adjacent residential neighborhood.
LU 10.2 Commercial Common Interest Development. Prohibit common interest development on commercially zoned properties and review City ordinances for appropriate amendments; provided, however, that the City may decide by future ordinance to permit commercial common interest developments on such terms and conditions as it deems appropriate. Consider allowing an existing commercial building listed on a Federal, State or local register of historic sites to be converted to a common interest development if substantial public benefits are provided and the conversion will not adversely impact the economic viability of the adjacent area, or of the City as a whole.
In this case, the City Council has adopted an ordinance that allows the mixed use project and subdivision of the Property consistent with the amended project to create 17 separate residential condominium units, and one commercial parcel. As such, the City has implemented Land Use Policy 10.2 in that the City Council has adopted an ordinance to allow the proposed common interest Project on the terms and conditions set forth in the adopted M-PD-5 Overlay Zone.
DocuSign Envelope ID: 751F91AF-8503-4E9C-A270-D9451047B2A2 LU 11.1 Preservation of Pedestrian-Oriented Retail Shopping Areas. Preserve, protect and enhance the character of the pedestrian-oriented retail shopping area, which are typified by a variety of retail shops with displays to attract and hold the interest of pedestrian shoppers, to ensure the continuity of the pedestrian experiences.
The Project site is a vacant site that is centrally located on an existing commercial corridor. The existing condition of the site does not contribute to the pedestrian experience of the area. The amended Project will provide a variety of new street-level, pedestrian-oriented retail spaces along the corridor.
LU 11.3 Retail Street Frontages. Require that development and street frontages in districts containing retail uses be designed and developed to promote pedestrian activity including: (a) location and orientation of the building to the sidewalk; (b) transparency of and direct access to interest and sense of quality; (d) inclusion of uses and public spaces that extend interior functions to the sidewalk such as cafes and plazas; and (e) use of pedestrian-oriented signage and lighting.
The ground floor retail of the amended Project is designed to be pedestrian oriented. The spaces are oriented to directly engage the public sidewalk; the tenant spaces are individually accessible and provide ample street facing fenestration; and there is both a 3'-1" area on private property and a relatively wide sidewalk fronting the project site that could be used to extend interior functions of future tenants to the sidewalk.
LU 11.5 Retail Streetscapes. Maintain and, where deficient, improve street trees, planting, furniture, signage, public art, and other amenities that promote pedestrian activity.
The amended Project is conditioned to require submittal of an off-site improvement plan for improvements adjacent to the project site in the public right of way and also to work with the City's Urban Forester for replacement or planting of new street trees in the public right of way adjacent to the Project site (City Council Resolution No. 20-R-13277). Both conditions will ensure the project will maintain and improve the public right-of-way adjacent to the amended Project.
ES 1.3 Tax Base. Consistent with future economic sustainability plans, identify opportunities to enable the expansion of the City's tax base.
The amended Project will add new tax generating commercial and residential uses to the currently vacant Project site. In addition, a Development Agreement has been executed that secures additional public benefits including, but not limited to, additional General Fund and City special funds revenue.
CIR 3.1 Neighborhood Traffic Control Measures. Incorporate traffic control measures in residential neighborhoods as part of proposed roadway improvement or development projects to mitigate traffic impacts to residents and reduce the negative impacts of motor vehicle traffic on quality of life. Require development projects to mitigate traffic impacts to residents and reduce the negative impacts of motor vehicle traffic on residential roadways.
The Final EIR and subsequent addendum for the amended Project do not identify any significant and unavoidable traffic impacts. The Final EIR includes five traffic mitigation measures including review of project features and driveways for pedestrian safety; a requirement for a construction management plan that incorporates measures to ensure reduced impacts on residential neighbors; a construction worker parking plan that ensures workers will not park in adjacent 3 DocuSign Envelope ID: 751F91AF-8503-4E9C-A270-D9451047B2A2 residential neighborhoods; and a cumulative construction traffic management plan that will ensure that other concurrent projects will be taken into account during amended Project construction.
Combined, these measures will reduce the negative impacts of the amended Project's vehicle traffic on adjacent residential roadways.
CIR 4.1 Parking Provisions. Ensure that adequate parking is provided for existing and future uses while considering shared parking opportunities, Transportation Demand Management (TDM) plans, and availability of alternate modes of travel, based on the site's proximity to transit.
The amended Project provides 60 parking spaces in excess of the City's Code requirements for the Project's commercial and residential uses. 54 of these excess parking spaces are designated for public use and thus is additional supply that can be used by both visitors to the site as well as visitors to other commercial businesses on South Santa Monica Boulevard. Thus, by the terms of the Development Agreement, the amended Project provides additional parking opportunities for other commercial users in the vicinity.
CIR 7.7 Pedestrian Network - Private. Design access to new development and buildings to encourage walking.
As discussed earlier in this document, the amended Project is a pedestrian oriented mixed use project that enhances the walkability of the neighborhood in which it is proposed to be located.
DocuSign Envelope ID: 751F91AF-8503-4E9C-A270-D9451047B2A2
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. 1954 duly passed, approved and adopted by the Planning Commission of said City at a meeting of said Commission on September 9, 2021, 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 Demeter, Ostroff, Vice Chair Hudnut, Chair Licht NOES: None
ABSTAIN: None
ABSENT: None
RECUSED: Commissioner Ross
Karen Myron
KAREN MYRON
Recording Secretary of the
Planning Commission
City of Beverly Hills, California
Attachment 5
9800 9855
LOCATION MAP FOR
PROJECT SITE AT
9908 S. SANTA MONICA BLVD.
THE CITY OF
BEVERLY HILLS
9869
9879 PUBLIC WORKS & TRANSPORTATION
BENERILS CARLO
9885
2024
N SANTA MONICA BLVD 9889
9 S. SANTA MONICA BLVD.
PROJECT SITE
9901
9882
9907
9915
CHARLEVILLE BLVD
9898
9919 S SANTA MONICA BLVD
9908
9912
9901
9916
9920 9909
9913 9900
9917
9930
9904
9921
LZ66 Z166
DURANT DR
9929 9916
9933 0Z66
991
9937
9924
9917
1941 9930
9921
9932
9925
9936 9929
Attachment 6
BEVERLY,
HILLS, CITY OF BEVERLY HILLS
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: Samer Elayyan, PE, Engineering Manager
FROM: Andre Sahakian, AICP, Project Manager - Major Projects DATE: August 21, 2023
SUBJECT: Approval of Final Tract Map for 9908 South Santa Monica Boulevard Major Projects has completed its review of Planning Commission Resolution 1954, adopted on September 9, 2021, which approved Tentative Tract Map No. 74391 (attached). Planning Commission Resolution No. 1954 includes Conditions 1 through 5.
Condition 1 further incorporates all conditions of approval set forth in City Council Resolution No. 20-R-13277, which was adopted by the City Council on February 18, 2020 (except as modified by Planning Commission Resolution No. 1954). City Council Resolution No. 20-R-13277 includes Conditions of Approval 1 through 45.
This memo serves to confirm that all applicable conditions of approval that are required prior to adoption of a Final Map for the project have been satisfied.
Attachment 7
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City Clerk
City of Beverly Hills
455 North Rexford Drive
Beverly Hills, CA 90210
APN(s): 4328-002-010; 4328-002-011;
4328-002-012; 4328-002-013; 4328-002-034
NO FEE REQUIRED PURSUANT TO:
Government Code Sections 6103 and 27383
[Space above this line for Recorder's Use Only]
SUBDIVISION IMPROVEMENT AGREEMENT
SUBDIVISION REFERENCE DATA
FINAL VESTING TRACT MAP NO. 74391 ("Final Map" herein)
BASED ON VESTING TENTATIVE TRACT MAP NO. 74391
PROPERTY LOCATION: 9908 South Santa Monica Boulevard, Beverly Hills, California
LEGAL DESCRIPTION OF
PROPERTY: See Exhibit A - Legal Description of Property (the "Property" herein)
NAME AND ADDRESS OF 9908 SANTA MONICA BLVD., LLC, a Delaware SUBDIVIDER: limited liability company
645 Madison Avenue
New York, New York 10022
CITY COUNCIL RESOLUTION OF
APPROVAL NO.: 20-R-13227 ("Resolution of Approval" herein) Planning Commission Resolution No. 1954
IMPROVEMENT PLANS: Civil Plans (Sheets C1.60; C1.61; C1.65 thru C1.67) prepared by FUSCOE Engineering,
(hereinafter "Improvement Plans," which include
all Subdivision specifications.)
IMPROVEMENTS: See Exhibit A - Schedule of Improvements and Section 1.A below
1 B0785-0009\2887657v3.doc
106731708.1
ESTIMATED TOTAL COSTS OF PERFORMANCE $ 322,000
IMPROVEMENTS: PAYMENT $ 322,000
WARRANTY $ 32,200
TOTAL: 676,200
(hereinafter "Estimated Total Costs")
FORM OF IMPROVEMENT Surety bonds
SECURITY: [] Deposit of money
[] Other:
NAME AND ADDRESS OF SURETY:
SURETY BOND NUMBERS:
Performance Bond No.:
Payment Bond No.:
Warranty Bond No.:
EFFECTIVE DATE OF AGREEMENT:
COMPLETION PERIOD: All Improvements of Subdivision shall be completed within two (2) years from the Effective Date of the Agreement (hereinafter, "Completion Period"). * * * ********** *******
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TABLE OF CONTENTS
Page
1. SUBDIVIDER'S OBLIGATION TO CONSTRUCT IMPROVEMENTS ..2
2. SOILS TESTING AND REPORT ....... 4
3. SPECIFICATIONS FOR IMPROVEMENTS 5
4. INSPECTION OF WORK AND FINAL ACCEPTANCE 5
5. GUARANTEE AND WARRANTY OF THE IMPROVEMENTS 5
6. TIME EXTENSIONS.. ..6
7. IMPROVEMENT SECURITY.... ..6
8. REDUCTION OR RELEASE OF IMPROVEMENT SECURITY . 8
9. INDEMNIFICATION OF CITY BY SUBDIVIDER 10
10. INSURANCE 11
11. OWNERSHIP OF THE IMPROVEMENTS ..17
12. DEFAULT AND BREACH BY THE SUBDIVIDER AND REMEDIES OF THE CITY . 17
13. RELATIONSHIP OF THE PARTIES 19
14. ASSIGNMENT.. 19
15. NOTICES 19
..20
17. SEVERABILITY 20
18. INCORPORATION OF SUBDIVISION REFERENCE DATA AND RECITALS 20
19. GOVERNING LAW; VENUE.. 20
20. COUNTERPARTS 20
21. LIENS 20
22. EFFECTIVE DATE OF THE AGREEMENT ..0
Exhibit A - Legal Description of Property
Exhibit B - Schedule of Improvements for Subdivision
Exhibit C - Form of Improvement Securities
Exhibit D - Consent and Subordination Agreement
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THIS SUBDIVISION IMPROVEMENT AGREEMENT ("Agreement") is made and entered into by and between the City of Beverly Hills, a California municipal corporation (the "City"), and the Subdivider whose name and address is set forth above in the Subdivision Reference Data.
RECITALS
A. Subdivider has presented to the City for approval and recordation a Final Map, identified above in the Subdivision Reference Data, of a proposed subdivision pursuant to the Subdivision Map Act of the State of California and the City's ordinances and regulations relating to the filing, approval and recordation of subdivision maps (collectively referred to herein as the "Subdivision Laws").
B. A tentative tract map of the Subdivision was previously approved by the City, subject to the Subdivision Laws and to the City's standard requirements and conditions of approval contained in the Resolution of Approval, a copy of which is on file in the Office of the City Clerk and which is incorporated herein by this reference.
The Subdivision Laws establish, as a condition precedent to the approval of a Final Map, that the Subdivider comply with the Resolution of Approval and either: (i) complete, in compliance with City standards, all of the Improvements and land development work required by the Subdivision Laws and the Resolution of Approval; or (ii) enter into a secured agreement with the City to complete the Improvements and land development work within a period of time specified by the City.
D. In consideration of approval of the Final Map for the Subdivision by the City Council, the Subdivider desires to enter into this Agreement whereby the Subdivider promises to install and complete, at its sole expense, all public and private improvement work required by the City for the proposed Subdivision. The Subdivider has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City, as set forth herein.
E. Improvement Plans, as designated above in the Subdivision Reference Data, for the construction, installation and completion of the improvements identified in Exhibit B hereto, have been prepared by the Subdivider, approved by the Director of Public Works or his/her designee (the "Director"), and are on file in the office of the Director. Said Improvement Plans are incorporated herein by this reference.
NOW, THEREFORE, in consideration of the approval and recordation by the City Council of the Final Map of the Subdivision, the Subdivider and the City agree as follows:
1. SUBDIVIDER'S OBLIGATION TO CONSTRUCT IMPROVEMENTS
A. Subdivider shall, at its sole cost and expense, and in compliance with the provisions of the Subdivision Laws, the Improvement Plans, all Conditions of the Resolution of Approval, and all applicable City standards and fees, and in a good and workmanlike fashion, furnish, construct, install and guarantee and warranty (as set forth in Section 5 of this Agreement) the Improvements generally described in Exhibit B and more specifically described in the tentative map and in the Resolution of Approval relating thereto (collectively, the "Improvements").
(2)
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B. To the extent necessary to construct the Improvements, as determined by the Director, the Subdivider shall acquire and dedicate, or pay the cost of acquisition by the City of, all rights-of-way, easements and other interests in real property for the construction or installation of the Improvements, free and clear of all liens and encumbrances.
The Subdivider's obligations with regard to the acquisition by the City of off-site rights-of-way, easements and other interests in real property, if any, shall be subject to a separate agreement between the Subdivider and the City.
Subject to any time extensions granted in accordance with Section 6 of this Agreement, the Subdivider shall complete all Improvements within the Completion Period specified in the Subdivision Reference Data; provided, however, that if the Director reasonably determines in good faith that accelerated construction of the Improvements is essential in order to protect the public health, welfare and safety, the Director shall give Subdivider not less than fifteen (15) business days' prior written notice to commence or accelerate installation and construction of such Improvements, or any portion thereof. The notice shall describe the work to be done by the Subdivider, the time within which the work will commence, the period within which the work will be completed, and the reasons that such early commencement is essential in order to protect the public health, welfare and safety. All or any portions of said Improvements may be required to be commenced and/or completed at a specified time, providing the foregoing criteria are met. If the Subdivider objects to acceleration of the schedule as specified by the Director, the Subdivider may appeal the decision of the Director to the City Council. Any such appeal shall be filed with the City Clerk within ten (10) days after the effective date of the written notice from the Director.
D. If the Improvements to be constructed by Subdivider include monumentation, such monumentation shall be installed not later than thirty (30) days after the City's acceptance of all other Improvements pursuant to Section 4 of this Agreement. As used herein, "monumentation" shall mean the setting of survey monuments and tie points in accordance with the Subdivision Laws, and the delivery to the Director of tie notes for said points.
E. Subdivider shall, at its sole expense, replace or repair all public improvements, public property, public utility facilities, and surveying or subdivision monuments which are destroyed or damaged as a result of any work under this Agreement or any work related to the Subdivision. Any such replacement or repair shall be subject to the approval of the Director.
F. In addition to, and separate from, the indemnity obligations contained in Section 9 of this Agreement, and without limiting the City's remedies under general construction defect law, Subdivider shall be responsible for the care, repair and maintenance of the Improvements, and shall bear all risks of loss or damage to the Improvements, until the later of the following time periods: (i) the category of Improvements as set forth on Exhibit B is accepted by the City; or (i) the expiration of the required one-year guarantee and warranty period as specified herein; or (iii) the expiration of any applicable period of time specified in any other agreement or obligation imposed on the Subdivider regarding the Subdivider's obligation to maintain the Improvements. Neither the City, nor its officers, officials, employees, agents nor volunteers, shall have any liability for any accident, loss or damage to the Improvements prior to their completion and acceptance by the City.
In addition to, and separate from: (1) the indemnity obligations contained in Section 9 of this Agreement, (2) the care, repair and maintenance provisions under (3)
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Subsection F of this Section 1 of this Agreement; and (3) the warranty and guarantee provisions of Section 5 of this Agreement, the Subdivider shall repair and correct, or be liable to the City for any cost to repair and correct, any defect in the construction of the Improvements that is identified by City within ten (10) years after City's acceptance of the Improvement, provided the City provides notice to Subdivider of the existence of the defect within that time period, and the defect is caused directly or indirectly by the design, construction, functionality, installation, assembly or workmanship of the Subdivider. . Nothing contained in this Subsection is intended to limit or otherwise waive any right or cause of action under applicable construction defect law that City may assert against the Subdivider.
The Subdivider shall, at its sole expense, obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices, and pay all taxes required by law. Additionally, the Subdivider shall pay all fees and costs required by the City's ordinance or resolution, as set forth in the applicable fee ordinance or resolution as adopted by the City Council from time to time, and required for the development of the Subdivision, including but not limited to, building permit fees, final map filing fee, final map plan check fees, final map monumentation fees, grading permit fees, plan check and review fees, encroachment permit fees, and inspection fees.
Not less than fifteen (15) days prior to commencement of work on the Improvements, the Subdivider shall give written notice to the Director of the date fixed for such commencement of work so that the Director shall have adequate time to schedule all necessary inspections.
J. Subdivider shall provide the City with final Record Drawings of all plans developed for the Subdivision, showing all changes and as built conditions as specified in the Resolution of Approval prior to the acceptance of Improvements and release of bonds or other security.
2. SOILS TESTING AND REPORT
A. In the event the Director determines that soil testing is required for the Improvements, the Subdivider shall employ and pay for a Soils Engineer acceptable to the Director of the City, and the Soils Engineer shall perform materials testing, construction control testing, interpretation of test results, and design for the Improvements in accordance with the requirements set forth in the Improvement Plans, and to the extent applicable, the APWA Standard Specifications for Public Works Construction (Southern California Chapter) (popularly known as, and hereinafter, the "Greenbook"), as approved by City.
The Soils Engineer shall provide the City the reports containing the results of the testing, the interpretation of the results and the Improvement design done in connection with the Improvement Plans and this Agreement. With the last report filed, the Soils Engineer shall include a certificate that the testing, interpretation, and design have been done properly in accordance with the applicable provisions of the Greenbook, as approved by the City, and good engineering practices. All reports and the certificates shall be mailed or delivered to the City.
The street portion of the Improvements shall be constructed in accordance with the pavement design, and any modification thereto, that is approved by the Director.
(4)
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3. SPECIFICATIONS FOR IMPROVEMENTS
Subdivider shall construct, at Subdivider's own expense, all of the Improvements in compliance with the drawings, plans and specifications set forth below, which drawings, plans and specifications are incorporated herein by this reference and made a part of this Agreement as though set forth at length herein: Improvement Plans, as designated above in the Subdivision Reference Data, on file in the office of the Director.
Consistent with the offers of dedication shown on the Final Map, Subdivider irrevocably offers the public Improvements within City right of way and property, to City for public use.
4. INSPECTION OF WORK AND FINAL ACCEPTANCE
A. Subdivider shall at all times maintain proper facilities and safe access for inspection of the Improvements by the Director and other City personnel and inspection consultants.
B. Upon completion of the work on all of the Improvements specified in Exhibit B, the Subdivider may request, in the form of a written letter, a final inspection by the Director. Within forty-five (45) days of receipt of the written letter request, the Director shall inspect the Improvements and provide written notice to Subdivider of the list of items which have been found to be incomplete and the list of items which have been found to be complete. If the Director determines that all of the Improvements have been completed in accordance with this Agreement and in compliance with the Improvement Plans and all applicable City standards, then the Director shall certify that determination in a report to the City Council. If the Improvements that are completed are to be dedicated to or owned by the City, the Director's certification shall be submitted to the City Council for final acceptance by the City, unless such power to accept has been delegated by the City Council to the Director or some other official of the City, in which case the final acceptance shall be subject to the approval of that specified official. If the Improvements that are completed are to be dedicated to or owned by a public entity other than the City, the Subdivider's written request shall be submitted to the applicable public entity or other owner, for final acceptance. Subdivider shall bear all costs of inspection and certification for completeness in accordance with the City's formally adopted fees and rates.
Acceptance of all of public Improvements by the City Council (or other specified official) shall be made upon recommendation and certification of the Director following inspection of said public Improvements pursuant to Subsection B above. The City Council (or other specified official) shall act upon the Director's recommendation that such public Improvements have been completed within thirty (30) days following certification by the Director. Acceptance by the City Council (or other specified official) of the Improvements, or by the governing body of the entity that is to accept dedication or ownership of all or part of the Improvements, shall not constitute a waiver by the City or such other public entity of any defects in the Improvements.
5. GUARANTEE AND WARRANTY OF THE IMPROVEMENTS
A. Within the period commencing on the date all of the Improvements are accepted by the City, if any Improvements or part of any Improvements furnished, installed or constructed by the Subdivider, any of the materials comprising the Improvements, or any of the work performed under this Agreement, fails to comply with any requirements of this (5)
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Agreement, or the Subdivision Laws, or the Improvement Plans, the Subdivider shall, without delay and without cost to the City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Improvements. This guarantee and warranty on behalf of the Subdivider shall be separate from and in addition to the Improvement Security defined and described in Section 7A (3) of this Agreement.
B.
with Subsection A above, or should the exigencies of the situation require repair, replacement, or reconstruction to be undertaken before the Subdivider can be notified and can perform the necessary work, then the City may, in its discretion, make the necessary repairs or replacements or perform the necessary reconstruction. The City shall provide a bill to the Subdivider of the total costs of such repair, replacement, or reconstruction, and the Subdivider shall immediately reimburse the City for those total costs. If the Subdivider does not immediately pay the total costs incurred, the City may opt to tender on the Subdivider's Improvement Securities as defined in Subsection 7A, and/or take any other lawful actions to recover any nonpayment or deficiency.
6. TIME EXTENSIONS
A. Upon a showing by the Subdivider of good cause, the duration of the Completion Period for any or all of the Improvements may be extended by the Director. As used herein, "good cause" may include, without limitation: delay resulting from acts of God or force majeure, strikes, boycotts or similar job actions by employees or labor organizations which prevent the conduct of the work; findings made by a governmental entity that the site of a particular Improvement is of archeological significance; actions or failure to act by the native American monitors(s); and the order of any court or the City.
A time extension may be granted without notice to any surety or sureties of the Subdivider and shall not affect the validity of this Agreement nor release the surety or sureties on any bond given as an Improvement Security pursuant to this Agreement.
C. As a condition of any time extension provided for herein, the Director may require the Subdivider to furnish new or modified Improvement Security guaranteeing performance of this Agreement, as extended, in an increased amount as necessary to compensate for any projected increase in the Estimated Total Costs, as determined by the Director.
7. IMPROVEMENT SECURITY
A. Prior to the City's execution of this Agreement, the Subdivider shall provide as security to the City the following (collectively, "Improvement Securities" and individually, an "Improvement Security"):
For Performance: Performance Security in an amount equal to one hundred percent (100%) of the Estimated Total Costs, as set forth in the Subdivision Reference Data. With this Performance Security, the Subdivider assures faithful performance under this Agreement, as demonstrated by the City's acceptance, in accordance with the
2. For Payment: Payment Security in an amount equal to one hundred percent (100%) of the Estimated Total Costs, as set forth in the Subdivision (6)
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Reference Data. With this Payment Security, the Subdivider guarantees payment to all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreement and referred to in Part 6 (commencing with Section 8000) of Division 4 of the California Civil Code.
3. For Warranty: Warranty Security in an amount equal to ten percent (10%) of the Estimated Total Costs, as set forth in the Subdivision Reference Data, must be provided before final completion and the acceptance of any category of Improvements by the City. With this Warranty Security, the Subdivider guarantees the Improvements for one (1) year after the completion and acceptance of the last of such Improvements, against any defective workmanship or materials or any unsatisfactory performance, pursuant to Section 5 hereof.
B. Each Improvement Security shall be a bond issued by a California admitted surety insurer or insurers having a Best rating of A or AA in substantially the form set forth in Exhibit C, attached to this Agreement and incorporated by this reference, and shall be subject to the approval and acceptance by the City Attorney and the City Council. If, in the opinion of the City, any surety or sureties thereon (i) become insolvent or liquidated, or any bond cannot be tendered upon for the full penal sum for any reason; (ii) the surety's bond rating is downgraded; (iii) the surety declares bankruptcy; or (iv) the surety is no longer deemed to be an admitted surety in California by the California Department of Insurance, the Subdivider shall renew or replace any such surety bond with a valid surety bond from a solvent surety or sureties in the amount of the full penal sum within thirty (30) days after receiving from City written demand therefor.
C. Each Improvement Security shall be kept on file with the City Clerk. If a surety bond is replaced by another approved bond, the Subdivider shall submit the replacement bond to the City Clerk, and upon acceptance by the City Attorney, the replacement Improvement Security shall be deemed to have been made a part of and incorporated into this Agreement. Upon approval by the City Attorney of a replacement bond, the former Improvement Security shall be released.
D. If specified in Schedule A, in lieu of payment and performance bonds, DEVELOPER may furnish CITY either cash, a Letter of Credit, or an Agreement of Deposit or other security satisfactory to City Attorney as security for performance (see Schedule B). Said security shall be in an amount not less than 100% of the cost estimate and, in addition, for payment of those furnishing materials, labor or equipment in an amount not less than 100% of the cost estimate. Said security agreements shall be on forms furnished by CITY. No alterations or substitution of said forms shall be allowed. The obligations of DEVELOPER shall not be limited by the amount of the security required. No interest shall be paid to DEVELOPER on any cash deposit made pursuant to this paragraph.
E. The Subdivider shall automatically increase the amount of each Improvement Security by an amount equal to ten percent (10%) of the deposited security every year, subject to the provision that the Director may at any time determine that a greater increase in the amount of the Improvement Security is necessary due to a greater increase in the cost of construction of the Improvements or any of them. In such event, the Subdivider shall provide the additional Improvement Security within thirty (30) days after receiving demand and justification therefor.
(7)
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F. Modifications of the Improvement Plans and the Improvements, not exceeding ten percent (10%) of the original Estimated Total Costs, shall not relieve or release any Improvement Security furnished by Subdivider pursuant to this Agreement. If any such modifications exceed ten percent (10%) of the Estimated Total Costs, Subdivider shall furnish additional Improvement Securities for performance, payment, and guarantee as required by Subsection A above, for one hundred percent (100%) of the revised Estimated Total Cost of the Improvements. Alternatively, the Subdivider may provide official notice from the surety company that it acknowledges receipt of the modified Improvement Plans and that the existing bonds have been amended to reflect the new penal sum, which shall be in the amount of the revised Estimated Total Costs, and that the existing bonds shall therefore apply to warrant the Project as revised.
All Improvements shall be completed within the Completion Period listed in the Subdivision Reference Data. Subject to any time extensions granted in accordance with Section 6 herein, if the Subdivider has not completed the Improvements within this specified time, the Subdivider shall be in default.
H. Alternatively, in the event of a default by the Subdivider pursuant to Section 12, and after written notice to Subdivider and reasonable opportunity to cure, the City, at its sole option, shall have the right, without limiting any other rights and remedies available to the City at law or in equity, to draw upon or utilize any or all Improvement Securities furnished herewith to construct and install the Improvements itself.
8. REDUCTION OR RELEASE OF IMPROVEMENT SECURITY
A. Performance Security shall be released in full upon the occurrence of both of the following:
1. All "Public Improvements" (Improvements that are to be owned or dedicated to the City or other public entity as distinguished from those owned by individual property owners or a private community association) shall be first completed, certified completed by the Director and then accepted as complete by the City Council.
2. All private Improvements (Improvements that are to be owned by individual property owners or a private community association and not dedicated or owned by the City or other public entity) shall be first completed and then certified as complete by the Director.
B. Partial releases or reductions in he Subdivider's Performance Security may be authorized prior to the City's acceptance of alllmprovements required hereunder, as follows:
At the time that the Subdivider believes that the obligation to perform the work for which security was required is complete, the Subdivider may notify the City in writing of the completed work, including a list of work completed. Upon receipt of the written notice, the Director shall review and comment or approve the completion of the required work within forty-five (45) days. If the Director does not agree that all work has been completed in accordance with the plans and specifications for the improvements, the Director shall supply a list of all remaining work to be completed within this forty-five (45) day period. (8)
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2. Within forty-five (45) days of receipt of the list of remaining work from the Director, the Subdivider may then provide cost estimates for all remaining work for review and approval by the Director. Upon receipt of the cost estimates, the Director shall then have forty-five (45) days to review, comment, and approve, modify, or disapprove those cost estimates. The City shall not be required to engage in this process of partial release more than once between the start of work and completion and acceptance of all work; however, nothing in this Section prohibits the City from allowing for a partial release as the Director otherwise deems appropriate.
3. If the Director approves the cost estimate, the Director shall release all Performance Security except for security in an amount up to two hundred percent (200%) of the cost estimate of the remaining work. The process allowing for a partial release of Performance Security shall occur when the cost estimate of the remaining work does not exceed twenty percent (20%) of the total original Performance Security unless the Director allows for a release at an earlier time. Substitute bonds or other security may be used as a replacement for the Performance Security, subject to the approval of the Director. If substitute bonds or other security is used as a replacement for the Performance Security released, the release shall not be effective unless and until the Director receives and approves that form of replacement security. A reduction in the Performance Security, authorized under this Section, is not, and shall not be deemed to be, an acceptance by the City of the completed improvements, and the risk of loss or damage to the improvements and the obligation to maintain the improvements shall remain the sole responsibility of the Subdivider until all required Public Improvements have been accepted by the City and all other required improvements have been fully completed in accordance with the plans and specifications for the Improvements.
4 The Subdivider shall complete the works of improvement until all items are accepted by the City.
5. Upon the completion of the work on all of the Improvements specified in Exhibit B, the Subdivider, or his or her assigns, shall request in writing a final inspection in accordance with Subsection 4B, and within forty-five (45) days of the Director's certification that the project is complete, the release of any remaining performance security shall be placed upon the agenda of the City Council for approval of the release of any remaining performance security.
C. Payment Security shall, after passage of the time within which claims of lien are required to be recorded pursuant to Part 6 (commencing with Section 8000) of Division 4 of the California Civil Code and after acceptance of the work, be reduced to an amount equal to the total claimed by all claimants for whom claims of lien have been recorded and notice thereof given in writing to the City Council, and if no claims have been recorded, the security shall be released in full.
D. The partial release provisions of this Section 8 shall not apply to any required guarantee and warranty period required by Section 66499.9 of the California Government Code for the guarantee or warranty nor to the amount of the Warranty Security deemed necessary by the City for the guarantee and warranty period nor to costs and reasonable expenses and fees, including reasonable attorneys' fees. Security furnished to guarantee and warrant the Improvements against any defective work or labor done or defective materials furnished, shall be released within sixty (60) days after the completion of the one-year period following completion and acceptance of all Improvements. (9)
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E. If Subdivider's obligations relating to any Improvements are subject to the approval of another governmental agency, the City shall not release the improvement Performance Security therefor until the obligations are performed to the satisfaction of such other governmental agency. Such agency shall have two (2) months after the Subdivider's performance of the obligation to register its satisfaction or dissatisfaction. If at the end of that period it has not registered its satisfaction or dissatisfaction, it shall be conclusively deemed that the Subdivider's performance of the obligation was done to its satisfaction, and such Improvement Security shall be promptly released
In the event the time periods for action by the City or other governmental agency specified in this Section conflict with a shorter or longer time period for such actions as provided in California Government Code Section 66499.7 or 66499.8, the time periods in Government Code Section 66499.7 and 66499.8 shall control.
INDEMNIFICATION OF CITY BY SUBDIVIDER
A Neither the City, nor its officers, officials, employees, agents and volunteers (collectively, "City Personnel"), shall be liable or responsible for any accident, injury, loss or damage to either property or person attributable to or arising out of the construction, functionality, installation, assembly or improper maintenance, including, without limitation, the use of defective or inferior methods, materials, workmanship, or design (collectively, "Subdivider's Faults"), of the Improvements by Subdivider, its officers, employees, contractors, subcontractors and agents. Subdivider shall indemnify, hold harmless and defend the City and City Personnel from and against any and all losses, claims, costs, expenses, liabilities, damages, actions, causes of action and judgments, including attorneys' fees, arising directly or indirectly out of or attributable to Subdivider's Faults, including Subdivider's acts or failure to act.
Subdivider's obligations under this Section 9 are not conditioned or dependent upon whether the City, or City Personnel, prepared, supplied or reviewed any Improvement Plans in connection with the Subdivision or the Improvements, or has insurance or other indemnification covering any of these matters.
C. Subdivider's obligation to indemnify, hold harmless and defend the City and City Personnel shall extend to injuries to persons and damages to or alleged taking of property resulting from the Subdivider's Faults, including without limitation, design or construction of the Subdivision, and the Improvements required herein, and shall likewise extend to claims asserted by adjacent property owners based upon the diversion of waters caused by the Subdivider's design or construction of Improvements. Except for a City Directive as defined below, the City's acceptance of the Improvements shall not constitute an assumption by the City of any responsibility or liability for any damage or alleged taking of property referenced herein. The City shall not be responsible or liable for the design or construction of the Subdivision or the Improvements constructed or installed pursuant to the approved Improvement Plans or the Final Map, regardless of any act or omission by the City in approving the Improvement Plans or the Final Map, unless the particular Improvement design was required by the City over the written objection of the Subdivider, which objection stated that the Improvement design was potentially dangerous or defective and set forth an alternative design (a "City Directive"). After the City's acceptance of the Improvements, the Subdivider shall remain obligated to correct or eliminate all dangerous conditions created by defects in design or construction or Subdivider's Faults (other than those required by a City Directive). The Subdivider's indemnity obligations hereunder shall remain in effect for ten (10)
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(10) years following acceptance of the respective Improvements) by the City Council Subdivider acknowledges and agrees that Subdivider shall be responsible and liable for the Subdivider's Faults with respect to the Improvements and other work done pursuant to this Agreement, unless the same is due to a City Directive. The City shall not be liable for any acts or omissions in approving, reviewing, checking, correcting or modifying any Improvement Plans, or in inspecting, reviewing or approving any work or construction of Improvements, unless the same is due to a City Directive. The Subdivider's Improvement Security shall not be required to secure the Subdivider's obligations under this Subsection C beyond the one- year guarantee and warranty period set forth in Subsection 7(A)(3) of this Agreement.
D. Subdivider shall pay and satisfy any judgment, award or decree that may be rendered against City and City Personnel to the extent of the indemnity provided above, in any such suit, action, or other legal proceeding, provided the City gives the Subdivider prompt written notice of such claim.
E. Subdivider's obligation to indemnify shall not be restricted to Insurance proceeds, if any, received by the City and City Personnel.
F. Subdivider, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the City and City Personnel to the extent of the indemnity above provided
10. INSURANCE
A. The following coverages shall be obtained and maintained by Subdivider on behalf of City and in accordance with the requirements set forth herein. If Subdivider performs construction activities through a general contractor, some or all of these insurance requirements for the period of construction may be satisfied by the general contractor's insurance coverages. In such case, Subdivider shall maintain during this same construction period, and after the construction period, the coverages shown below as "Insurance After Construction." In addition, Subdivider may elect to obtain, for all or any portion of the Project, an "Owner-Controlled Wrap Up" insurance policy in satisfaction of the insurance requirements for general contractors and subcontractors provided it satisfies all of the insurance requirements below for general contractors and subcontractors. Throughout these specifications, the word "Subdivider" refers to the Party responsible to provide the coverages as specified and, depending on context, may refer either to Subdivider or to a separate General Contractor. Subdivider may satisfy insurance requirements contained herein by Subdivider's master insurance policies covering other operations and locations.
B. Insurance During Construction
Subdivider shall obtain and maintain the following insurance during construction of the Improvements. Insurance requirements may be met through insurance provided by Subdivider's General Contractor:
1. Commercial General Liabilit yInsurance
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Commercial General Liability Insurance (primary) shall be provided on Insurance Services Offices ("ISO") ISO-CGL Form No. CG 00 01 or equivalent coverage, including provisions for defense of additional insureds. Policy limits shall be one million dollars ($1,000,000) per occurrence for all coverages and two million dollars ($2,000,000) general aggregate. City and City Personnel shall be included as additional insureds using ISO Form CG 20 10 04 13, or other revision of the CG 20 10 form if available from the insurer and reasonably acceptable to the City, not limiting coverage for the additional insured to "ongoing operations" or in any way excluding coverage for completed operations. City shall be provided with an endorsement for waiver of subrogation. Coverage shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to City or any City Personnel. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors' limitation or other endorsement limiting the scope of coverage for liability arising from pollution, explosion, collapse, or underground property damage.
2. Umbrella Liability Insurance
Umbrella Liability Insurance (or, at Subdivider's election, Excess Liability Insurance) (over primary) shall apply to bodily injury/property damage, personal injury/advertising injury, at a minimum. Coverage shall be at least as broad as any underlying coverage. There shall be no cross liability exclusion and no contractor's limitation endorsement. Policy limits shall be not less than five million dollars ($5,000,000) per occurrence and in the aggregate, including any limits required in the underlying policies. The policy shall have a starting date no later than and an ending date no earlier than those of the underlying coverages. The Named Insured (Subdivider or General Contractor as appropriate) may determine the layering of primary and excess liability insurance provided that if such layering differs from that described here, the actual coverage program meets the minimum total required limits and complies with all other requirements listed here. City shall be named as an additional insured, and wavier of subrogation shall be provided.
3. Business Auto Coverage
Business Auto Coverage shall be written on ISO Business Auto Coverage Form CA 00 01 or the equivalent, including symbol (1) (any Auto). If Subdivider (or Contractor) does not own any vehicles, this requirement may be satisfied by a non-owned vehicle endorsement to the general and umbrella liability policies. Limits shall be one million dollars combined single limit per accident. This policy shall be scheduled as underlying insurance to the umbrella policy required above for a total limit of five million dollars ($5,000,000) combined single limit each accident. City and City Personnel shall be added as additional insureds using a form reasonably acceptable to the City. City shall be named as an additional insured, and wavier of subrogation shall be provided.
4. Workers' Compensation/Employer's Liability
Workers' Compensation/Employer's Liability shall provide workers' compensation statutory benefits as required by law. Employer's liability limits shall be one million dollars ($1,000,000) per accident or disease. Employer's liability coverage shall be scheduled under the umbrella or excess liability policy described above. This policy shall be endorsed to waive any right of subrogation with respect to City, its officers, employees or agents. City shall be provided with waiver of subrogation.
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5. Builder's Risk Insurance
Builder's Risk Insurance covering all real and personal property for "all risks" of including but not limited to the perils of earth movement, including earthquake (if required by Subdivider's lender or if available at commercially reasonable rates) and flood for all Improvements.
C. Insurance After Construction
Upon completion of construction of the Improvements, and for the required guarantee and warranty period (unless such longer period of time is specified herein), Subdivider at Subdivider's expense shall obtain and maintain or cause to be maintained the following insurance:
1. Commercial Property Insurance
Commercial Property Insurance coveringthe Im provements. Coverage shall be at least as broad as the ISO broad causes of loss form CP 10 20, and reasonably approved of in writing by the City. Coverage shall be sufficient to insure one hundred percent (100%) of the replacement value and there shall be no coinsurance provisions. The policy shall include an inflation guard endorsement, contents coverage, coverage for personal property of others, ordinance or law and increased cost of construction coverage. Subdivider also agrees to provide builder's all-risk insurance using an inland marine form during the period of any major alteration or improvement. This requirement may be satisfied through a combination Builders' Risk and Property Insurance master policy at Subdivider's option.
The insurance coverage for the peril of earthquake required for this project is subject to availability on the open market at commercially reasorable premium cost, as determined by mutual agreement between Subdivider and City. If such earthquake insurance coverage should, after diligent effort be Subdivider, be unobtainable at such mutually determined commercially reasonable premium cost, then Subdivider shall obtain the maximum insurance reasonably obtainable at commercially reasonable premium cost (if any) and give notice to City of the extent of Subdivider's inability to obtain, in full, the required insurance, and in such event, Subdivider's obligation to procure and maintain such insurance as unobtainable shall be excused. Subdivider and City agree that a premium cost of earthquake insurance coverage of up to one hundred percent (100%) of the premium cost paid by Subdivider for such coverage on the Effective Date (to be adjusted over time based on the Consumer Price Index,) shall constitute a commercially reasonable premium cost. Non-availability at commercially reasonable premium cost must be documented by a letter from Subdivider's insurance broker or agent indicating a good faith effortto place the required insurance and showing, at a minimum, the names of the insurance carriers and the declinations or quotations received from each.
2. Commercial General Liability Insurance
Commercial General Liability Insurance (primary) shall be provided on ISO-CGL form No. CG 00 01 or equivalent coverage, including provisions for defense of additional insureds. Policy limits shall be no less than one million dollars ($1,000,000) per occurrence and two million dollars general aggregate. City and City Personnel shall be included as additional insureds using ISO Form CG 20 10 04 13, or other revision of the CG 20 10 form if available from the insurer and reasonably acceptable to the City, not limiting coverage for the additional insured to "ongoing operations" or in any way excluding coverage for completed operations. (13)
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Coverage shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to City or any City Personnel.
3. Umbrella Liability Insurance
Umbrella Liability Insurance (or, at Subdivider's election, Excess Liability Insurance) (over primary) shall apply to bodily injury/property damage, personal injury/advertising injury, at a minimum. Coverage shall be at least as broad as any underlying coverage. Coverage shall be provided on a "pay on behalf" basis. There shall be no cross liability exclusion. Policy limits shall be five million dollars ($5,000,000) per occurrence and in the aggregate, including any limits required in the underlying policies. The policy shall have a starting date no later than and an ending date no earlier than those of the underlying coverages. Subdivider may determine the layering of primary and excess liability insurance provided that if such layering differs from that described here, the actual coverage program meets the minimum total required limits.
4. Workers Compensation Insurance
Workers' Compensation/Employer's Liability shall provide workers' compensation statutory benefits as required by law. Employer's liability limits shall be one million dollars ($1,000,000) per accident or disease. Employer's liability coverage shall be scheduled under any umbrella or excess liability policy described above. Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects City, its employees or agents.
Business Auto Coverage
Business Auto Coverage for vehicles owned, operated or maintained in any way connected with the project, shall be written on ISO Business Auto Coverage form CA 00 01 or the equivalent, including symbol (1) (any Auto). If Subdivider (or Contractor) does not own any vehicles, this requirement may be satisfied by a non-owned vehicle endorsement to the general and umbrella liability policies. Limits shall be one million dollars ($1,000,000) combined single limit per accident. This policy shall be scheduled as underlying insurance to the umbrella or excess liability policy required above or a total limit of five million dollars ($5,000,000) combined single limit each accident. Cty and City Personnel shall be included as additional insureds using a form reasonably acceptable to the City.
D. Provisions Pertaining to Insurance Provided by Subdivider All insurance coverage ad limits provided pursuant to this Agreement shall apply to the full extent of the policiesinvolved, available or applicable.
Nothing contained in this Agreement or any other ageement relating to City or its operations limits the application of such insurance coverage.
Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature's for purposes of clarification only and is not intended by any Party to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. (14)
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All general or auto liability insurance coverage provided pursuant to this Agreement, or any other agreements pertaining to the performance of this Agreement, shall not prohibit Subdivider, and Subdivider's employees, or agents, from waiving the right of subrogation prior to a loss. Subdivider waives its right of subrogation against City.
4. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing by the City.
Unless otherwise approved by City, Subdivider's insurance and insurance provided by any contractor or subcontractor relating to the construction of the Improvements shall be written by insurers approved to do business in the State of California and with a minimum "Best's" Insurance Guide rating of at least "A-:VII." Self-insurance will not comply with these insurance specifications unless expressly approved in writing by the City.
In the event any policy of insurance required under this Agreement does not comply with these requirements and Subdivider does not cure the non- compliance within thirty (30) days after written notice from City (or Subdivider does not provide reasonable evidence of such cure within such period), or if the insurance is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Subdivider.
7. Subdivider agrees to provide evidence of the insurance required herein, satisfactory to City, consisting of certificate(s) of insurance evidencing all of the coverages required and an additional insured endorsement to Subdivider's general liability policies using ISO Form CG 20 10 04 13 or other revision of the CG 20 10 form if available from the insurer and reasonably acceptable to the City. Certificate(s) are to reflect that the insurer will provide 30 days' notice of any cancellation of coverage and policies are to have a "cancellation endorsement" to the same effect. Subdivider agrees to provide complete copies of all required insurance policies, including without limitation, any endorsements modifying coverage in any way, upon request from City.
8. Subdivider shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such evidence shall be in the form of a certificate of insurance.
9. Any actual or alleged failure on the part of City or any other additional insured under these requirements to obtain proof of insurance required under this Agreement in no way waives any right or remedy of City or any additional insured, in this or any other regard.
Subdivider agrees to require all subcontractors or other parties (but not including a general contractor) hired for this project to construct the Improvements to purchase and maintain insurance for general liability (minimum limit $1,000,000 per occurrence), automobile liability ($1,000,000 per accident) and workers' compensation (statutory benefits). The requirement for general liability may be satisfied by Subdivider through the procurement of an OCIP policies covering some or all of the subcontractors.
Prior to the issuance of the Certificate of Completion for each Phase, Subdivider shall, upon (15)
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request by City, provide the City with copies of all insurance policies, certificates and endorsements related to such Phase.
11. Subdivider agrees to monitor and review all coverage required by this Section and assumes all responsibility for ensuring that such coverage is provided as required here. Subdivider agrees to obtain certificates evidencing such coverage. Subdivider agrees that upon request, all certificates of insurance obtained in compliance with this Section will be submitted to City for review upon request by City. Failure of City to request copies of such documents will not impose any liability on City, or its employees.
12. Subdivider agrees to require that no contract used by any general contractor or subcontractor in connection with construction of the Improvements, or contracts Subdivider enters into on behalf of City, will reserve the right to charge back to City the cost of insurance required by this Agreement.
Where appropriate (such as in the case of automobile insurance coverages), coverage will not be limited to the specific location designated as the Property.
Subdivider agrees to provide notice to City of any claim or loss against Subdivider that includes City as a defendant promptly after Subdivider receives written notice or obtains knowledge thereof. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. City agrees to provide similar notice to Subdivider of any such claims it is notified of respecting the Property.
Subdivider agrees not to attempt to avoid its defense and indemnity obligations to City, and City Personnel by using as a defense Subdivider's statutory immunity under workers' compensation and similar statutes.
16. Subdivider agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and that there will be no cross liability exclusions that preclude coverage for suits between Subdivider and City or between City and any other insured or Named Insured under the policy, or between City and any Party associated with City or its employees.
17. If Subdivider or any contractor or subcontractor is a Limited Liability Company, general liability coverage must apply so that the Limited Liability Company and its Managers, Members, Affiliates, and their employees are insureds.
18. Subdivider shall require General Contractor to maintain commercial general liability, and if necessary, commercial umbrella liability insurance with a limit of not less than five million dollars ($5,000,000) for each occurrence, until the warranty period specified in this Agreement expires.
19. Subdivider agrees to obtain and provide to City evidence of professional liability coverage for Architects, Engineers or other design professionals working on the Improvements. The limit of liability required is subject to City approval, but in no event to be less than one million dollars ($1,000,000) per claim and in the aggregate, and Subdivider shall use reasonable efforts to require and cause such professionals to maintain such coverage with respect to each occurrence for at least three years following substantial completion of the work and, in the event Subdivider is unable to do so, Subdivider shall (16)
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promptly inform the City of the scope of such efforts and the reasons that it was unable to do so. If Subdivider requests that the City approve a lower limit for any particular design professional Subdivider seeks to employ on the Improvements, City will evaluate each such request based on City's perception of liability exposure associated with the work that would be performed by that design professional.
To the extent a particular coverage or policy form or specification is not reasonably available from Subdivider's insurer or would result in an additional premium that is extraordinary or unreasonably disproportionate to the premium for the policy as a whole, then Subdivider shall provide substantially similar coverage reasonably acceptable to City for which the cost is not extraordinary or unreasonably disproportionate.
11. OWNERSHIP OF THE IMPROVEMENTS
Ownership of all or any category of the Improvements constructed and installed by the Subdivider pursuant to this Agreement and shown on the Map to be dedicated to the public shall vest, as applicable, in the City (or other specified governmental agency) upon acceptance of said Improvements by the City Council (or other specified governmental agency). The acceptance of the Improvements shall either be shown by a certificate on the Final Map or by subsequent resolution accepting the Improvements adopted by the City Council pursuant to Government Code Section 66477.2 and recorded with the County Recorder.
B. The Subdivider shall at all times prior to the acceptance of the Improvements by the City, give good and adequate warning to the public of each and every dangerous and defective condition caused by the construction of the Improvements and shall take all steps necessary to protect the public from such dangerous or defective conditions.
The Subdivider agrees and understands that until acceptance of the Improvements by the City, each Improvement that is offered for dedication shall be under the charge of the Subdivider, and the Subdivider may close all or a portion of any street or area whenever necessary to protect the public during the construction of the Improvements.
12. DEFAULT AND BREACH BY THE SUBDIVIDER AND REMEDIES OF THE CITY
A. Upon the occurrence of any of the following events, the Subdivider shall be deemed to be in default under this Agreement:
1. Subject to any time extensions granted in accordance with Section 6 of this Agreement, failure to complete construction and installation of the Improvements or any of them by the Completion Date;
2. Failure to promptly correct or cure any defect in the Improvements or any of them (other than a City Directive) during the guarantee and warranty period required by Subsection 5(A) of this Agreement, or failure to commence correction or cure of any such defect or failure to diligently prosecute same to completion, in each instance following written notice that such defect exists;
3. Subject to any time extensions granted in accordance with Section 6 of this Agreement, failure to perform substantial work on the Improvements or on (17)
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any of them, after commencement of work on same, for a period of thirty (30) days after written notice thereof from the City;
4. Insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, whether voluntary or involuntary, and such is not cured or discharged within a period of thirty (30) days;
Commencement of a foreclosure action against the Subdivision or any portion thereof, or any conveyance by the Subdivider in lieu or in avoidance of foreclosure, within thirty (30) days after written notice thereof from the City; or Failure to perform any other obligations in accordance with the terms and provisions of this Agreement within the time period specified in the Agreement for the performance of that obligation, or if no time is specified, within thirty (30) days after written notice thereof from the City.
The City reserves to itself all remedies available to it at law or in equity for any breach of the Subdivider's obligations under this Agreement. After written notice to the Subdivider of alleged default and failure by the Subdivider, and failure by Subdivider to promptly commence the cure of any alleged default and diligently prosecute such cure to completion, the City shall have the right, without limitation of other rights or remedies, to tender against, draw upon or utilize any or all Improvement Securities furnished hereunder to complete the Improvements, or request said surety take over and complete the Improvements, or otherwise mitigate the City's damages in the event of the Subdivider's default.
The Subdivider acknowledges that the Estimated Total Costs and Improvement Security amounts set forth herein may not reflect the actual cost of construction or installation of the Improvements, and, consequently, the City's damages for Subdivider's default shall be measured by the actual cost of completing the required Improvements. If the damages incurred by the City in taking over and completing the Improvements exceeds the principal amount of the improvement security, then the Subdivider shall reimburse the City in the amount of such excess damages.
D. Following the written notice of alleged default and failure by the Subdivider to promptly commence the cure of any alleged default and to diligently prosecute such cure to completion, the City may, without liability for so doing, take possession of, and utilize in completing the Improvements, such materials, appliances, plant and other property belonging to the Subdivider as may be on the site of the work and necessary for the performance of the work. The Subdivider hereby consents to such entry by the City and its representatives, including employees, agents, and contractors, upon any real property in the Subdivision owned by the Subdivider or by any assignee of this Agreement, in the event the City elects to maintain or complete the work on the Improvements following the Subdivider's default.
E. The Subdivider acknowledges and agrees that, upon approval of the Final Map for the Subdivision, the City will confer substantial rights upon the Subdivider, including the right to sell, lease or finance lots or units within the Subdivision, and that such approval constitutes the final act necessary to permit the division of land within the Subdivision. As a result, the City will be damaged to the extent of the cost of construction or (18)
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installation of the Improvements upon Subdivider's failure to perform its obligations under this Agreement, which failure is not promptly remedied by sureties or by the Subdivider.
F. The City's failure to take an enforcement action with respect to a default, or to declare a default or breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of the Subdivider.
If any legal action or other proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, experts' fees, and other costs, in addition to any other relief to which the party may be entitled. If City sues to compel Subdivider's performance of this Agreement, or to recover damages or costs incurred in completing or maintaining the work on the Improvements, Subdivider agrees to pay all attorneys' fees and other costs and expenses of litigation incurred by the City in connection therewith, even if Subdivider subsequently resumes and completes the work.
13. RELATIONSHIP OF THE PARTIES
Neither the Subdivider, nor any of the Subdivider's contractors, subcontractors, employees or agents, are or shall be deemed to be, agents of the City in connection with the performance of the Subdivider's obligations under this Agreement. The Subdivider shall not, at any time or in any manner, represent or allow representation by its contractors, subcontractors, employees or agents that any of them are contractors, subcontractors, employees or agents of the City.
14. ASSIGNMENT
A. Subdivider shall not assign this Agreement, or any portion thereof without the prior written consent of the City. Any attempted or purported assignment in violation of this Subsection A shall be null and void and shall have no force or effect.
B. The sale or other disposition of the Subdivision shall not relieve the Subdivider of its obligations hereunder. If the Subdivider intends to sell the entire Subdivision to any other person or entity, the Subdivider may request a novation of this Agreement and a substitution of Improvement Securities. Upon the City's approval of the novation and substitution of Improvement Securities, the Subdivider may request a release or reduction of the Improvement Securities furnished pursuant to this Agreement.
15. NOTICES
All notices required or provided for in this Agreement shall be in writing and delivered in person or be given by certified United States Mail, return receipt requested, or by nationally recognized overnight courier, addressed as follows:
If to the City: City of Beverly Hills
455 North Rexford Drive
Beverly Hills, CA 90210
Attn: City Engineer
With a copy to: Richards, Watson & Gershon
350 South Grand Avenue, 37th Floor
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Los Angeles, California 90071-3101
Attn: David Snow, Esq.
If to the Subdivider: To the address set forth above in the Subdivision Reference Data, or to such other address as may
subsequently be designated in written notice to the City.
Notice shall be effective on the date that it is delivered in person, or, if sent by certified mail, shall be deemed effective on the date of delivery or attempted delivery shown on the return receipt, and notices given by overnight courier shall be deemed effective one (1) business day following delivery to the overnight courier. Any party may change its address for the service of notice by giving written notice of such change to the other party, as specified herein.
16. ENTIRE AGREEMENT
This Agreement, along with the conditions of approval and mitigation measures that were imposed previously by the City, constitutes a single, integrated written contract, expresses the entire agreement of the parties with respect to its subject matter, and supersedes all negotiations, prior discussions and preliminary agreements. All modifications, amendments, or waivers of any terms of this Agreement shall be in writing and signed by the duly authorized representatives of the parties. In the case of the City, the duly authorized representative, unless otherwise specified herein, shall be the Director.
17. SEVERABILITY
The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect.
18. INCORPORATION OF SUBDIVISION REFERENCE DATA AND RECITALS The Subdivision Reference Data, the Recitals, and Exhibits A and B, are attached hereto and incorporated into this Agreement
19. GOVERNING LAW; VENUE
This Agreement shall be governed by the domestic laws of the State of California, without regard to its laws regarding choice of applicable law. Venue for any action relating to this Agreement shall be in the Los Angeles County Superior Court.
20. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement.
21. LIENS
Subdivider represents and warrants that Subdivider owns the Property, and that there are no encumbrances on the Property that would prohibit or interfere with (20)
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except for property taxes and assessments not yet delinquent) affecting the Property except for that certain Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing dated as of January 31, 2022 and recorded on rebruary 1, 2022, in the office of the County Recorder of the County of Los Angeles, California, as instrument number 20220126505, executed by 9908 Santa Monica Blvd. LLC, a Delaware limited liability company, as trustor, in to Chicago Title Company, a California corporation, as trustee for the benefit of Deutsche Bank AG, New York Branch (together with its successors and assigns), in its capacity as Agent (defined therein) for the lenders from time to time party to the Loan Agreement (defined therein), as beneficiary. Subdivider has obtained from such beneficiary a consent and subordination in the form attached hereto as Exhibit D, duly executed by such lien holder and acknowledged, and has delivered it to the City for recordation. Final Map No. 74391 shall not be recorded until such fully executed lien holder consent and subordination has been delivered to the City and has been recorded.
22. EFFECTIVE DATE OF THE AGREEMENT
This Agreement shall be and become effective as of the date that it is executed by a duly authorized officer or employee of the City, it being the intention of the parties that the Subdivider shall first execute this Agreement and thereafter submit it to the City. The City shall insert the effective date in the Subdivision Reference Data in all counterparts of this Agreement and shall transmit a fully executed counterpart to the Subdivider.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, thereunto duly authorized, as of the dates set forth below their respective signatures.
[Note: All signatures must be 9908 SANTA MONICA BLVD., LLC acknowledged by a notary public and the "SUBDIVIDER"
acknowledgement must be attached.]
By:
Genghis Hadi, Authorized Signatory
"CITY"
CITY OF BEVERLY HILLS
By:
Julian A. Gold M.D., Mayor
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Acknowledgement Form
State of New York
)Ss.:
County of New York
On the l6th day of truary in the year 2024 before me, the undersigned notary public, personally appeared Genghis Hadi → personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.
Notary Public
TALA JALLAD
NOTARY PUBLIC, STATE OF NEW YORK
Registration No. 02JA6415724
Qualified in New York County
Commission Expires March 29, 2025
ATTEST:
By: Date:
(SEAL)
Huma Ahmed, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
By: By: (
Laurence S. Wiener, City Attorney Assistant Director of Pubia Works/City Enginest
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On before me, _ , Notary Public
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Notary Public
B0785-0009\2887657v3, doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On before me, , Notary Public
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Notary Public
B0785-000912887657v3.doc
EXHIBIT A
LEGAL DESCRIPTION
LOTS 740, 741. 742. 743, 744 AND 745. OF TRACT NO. 7710, IN THE CITY OF BEVERLY
HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 83 PAGES 94 AND 95 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN(s): 4328-002-010, -011, -012, -013, and -034
A-1
EXHIBIT B
SCHEDULE OF IMPROVEMENTS FOR SUBDIVISION
FINAL TRACT MAP NO. 63541
CATEGORIES AMOUNT OF AMOUNT OF AMOUNT OF AMOUNT OF
OF ESTIMATED PERFORMANCE PAYMENT
IMPROVEMENTS TOTAL COST SECURITY SECURITY SECURITY
1) Removal and $45,000 $45,000 0001955 $4,500
2) Construct Driveway $20,000 $20,000 $20,000 $2,000
Approaches
3) Removal and $130,000 $130,000 $130,000 $13,000
Replacement of sidewalk
surrounding the property
4) Survey and Pavement $10,000 $10,000 $10,000 $1,000
Markings
5) Alley Approach $12,000 $12,000 $12,000 $1,200
6) Removal and $10,000 $10,000 $10,000 $1,000
replacement of curb ramps
7) Alley Reconstruction $95,000 $95,000 $95,000 $9,500
TOTAL
TOTAL PERFORMANCE $322,000
SECURITY
TOTAL PAYMENT $322,000
SECURITY
- -
B-1
CATEGORIES AMOUNT OF AMOUNT OF AMOUNT OF AMOUNT OF
OF ESTIMATED PERFORMANCE PAYMENT WARRANTY
IMPROVEMENTS TOTAL COST SECURITY SECURITY SECURITY
TOTAL WARRANTY $ 322,000
SECURITY
B-2
EXHIBIT C
Form of Improvement Securities
1. Performance Bond
Payment Bond
3. Warranty Bond
C-1
80785-0009\2887657v3 doc
Bond No. US00137024SU24A
FAITHFUL PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
Whereas, the City Council of the City of Beverly Hills, State of California, and 990g Santa Monica Bly Pical agreat detal ate a Pile patain ales entered pubic improvements, which said agreement, dated _ and identified as project 9908 South Santa Monica Boulevard, is hereby referred to and made a part hereof; and
Whereas, Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.
Now, therefore, we, the Principal and XL Specialty Insurance Company, as surety (herein after designated as "Surety"), are held and firmly bound unto the City of Beverly Hills in the penal sum of Three Hundred Twenty-Two Thousand and 00/100 dollars ($322,000.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded Principal, his, her, or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his, her, its or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Beverly Hills, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City of Beverly Hills in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
Further, Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City of Beverly Hills is the principal beneficiary of this bond and has all rights of a party hereto.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. -1-
B0785-0009\2887657v3.doc
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of Principal and Surety being hereto affixed and these presents duly signed by Principal and by Surety's undersigned representative(s) pursuant to authority of its governing body.
Dated: March 4, 2024
9908 Santa Monica Blvd., LLC XL Specialty Insurance Company 645 Madison Ave., 21st Floor, New York, NY 10022 677 Washington Blvd., 10th Floor, Suite 1000, Stamford, CT 06902 By: GENGHIS HADI
Its: PUTHORIZED SIGNATORY Its: Attorney-in-Fact
(Seal)
(Seal)
APPROVED AS TO FORM:
CITY OF BEVERLY HILLS
Note: This bond must be executed in duplicate and
evidence the autes my of any person signing
as attorney-in-fact must be attached
Laurence S. Wiener, City Attorney
-2-
B0785-0009\2887657v3.doc
Acknowledgement Form
State of New York
)SS.:
County of New York
On the 12™ _day of MARCH in the year 2024, before me, the undersigned notary public, personally appeared GENGHIS HADI → personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.
Yucey Notary Public
TALA JALLAD
NOTARY PUBLIC, STATE OF NEW YORK
Commission Expires March 29, 2025
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfullness, accuracy or validity of that document.
State of Pennsylvania
County of _Montgomery
March 4, 2024 _ before me, Holly Tallone Name Notary Public.
Date
personally appeared Julia C. Zalesky
Name and or Names of Signers)
Who proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of Pennsylvania that the foregoing paragraph is true and correct. Commonwealth of Pennsylvania-Notary Seal
Holly Tallone, Notary Public
Montgomery County
Witness my hand and official seal. My Commission Expires June 02, 2025 Commission Number 1361117
Signature Hollu tallane
Holly Tallone Notary Public Signature Place Notary Public Seal Above _ OPTIONAL
Though the information below is not required by law, it may prove valuable to the persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document
Document Date - Number of Pages:
Signer's Name:
• Individual • Individual
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
Partner - • Limited • General RIGHT THUMBPRINT • Partner - • Limited • General RIGHT THUNSPRIN OF SKINE! SIGNEC
Guardian or Conservator • Guardian or Conservator
Top of thumb Tap of thumb
Attorney-in-Fact • Attorney-in-Fact
Trustee • Trustee
Other: • Other:
Signer is representing Signer is representing
XL Specialty Insurance Company
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On before me, , Notary Public
personally appeared
who pinst to mt an achowits of sal to antonat ideshe toy the person ame in hame liane surized a partie and that by his/her/their signature(s) on the instrument the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Notary Public
B0785-0009\2887657v3.doc
Bond No. US00137024SU24A
PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
Whereas, the City Council of the City of Beverly Hills, State of California, and 9908 Santa Monica Blvd., LLC (hereinafter designated as "Principal") have entered into an agreement whereby the Principal agrees to install and complete certain designate public improvements, which agreement, dated
Project 9908 South Santa Monica Boulevard, is hereby referred to and made a part hereof; and
Whereas, under the terms of the agreement, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Beverly Hills to secure the claims to which reference is made in Part 6 (commencing with Section 8000) of Division 4 of the Civil Code.
Now, therefore, the Principal and XL Specialty Insurance Company, as corporate surety (hereinafter designated as "Surety"), are held firmly bound unto the City of Beverly Hills and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreement and referred to in Part 6 (commencing with Section 8000) of Division 4 of the Civil Code in the sum of Three Hundred Twenty-Two Thousand and 00/100 dollars ($322,000.00), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City of Beverly Hills in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Part 6 (commencing with Section 8000) of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
Further, Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City of Beverly Hills is the principal beneficiary of this bond and has all rights of a party hereto.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
- 1-
B0785-000912887657v3.doc
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of Principal and Surety being hereto affixed and these presents duly signed by Principal and by Surety's undersigned representative(s) pursuant to authority of its governing body.
Dated: March 4, 2024
9908 Santa Monica Blvd., LLC XL Specialty Insurance Company 645 Madison Ave., 21st Floor, New York, NY 10022 677 Washington Blvd., 10th Floor, Suite 1000, Stamford, CT 06902 in Sausay
By: GENGHIS HAOL Julia C. Zalesky
Its: ALTHORIZEO SIGNATORY Its: Attorney-in-Fact
(Seal)
(Seal)
APPROVED AS TO FORM:
This bond must be executed in duplicate and
dated, all signatures must be notarized, and CITY OF BEVERLY HILLS evidence of the authority of any person signing
as attomey-in-fact must be attached.
By: walden for
aurence S. Wiener, City Attorney
-2-
B0785-0009\2887657v3. doc
Acknowledgement Form
State of New York
)SS.:
County of New York
On the 12tH _day of MARCH in the year 2024, before me, the undersigned notary public, personally appeared_GENGHIS HARI → personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.
Notary Public
TALA JALLAD
NOTARY PUBLIC, STATE OF NEW YORK
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfullness, accuracy or validity of that document.
State of Pennsylvania
County of _Montgomery
On_ March 4, 2024 _ before me, Holly Tallone Name notary Public.
Date
personally appeared Julia C. Zalesky
Hame and or Names of Signers)
who proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), Or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of Pennsylvania that the foregoing paragraph is true Commonw sallh of Pennsylvania-Notary Seal
and correct.
Holly Tallone, Notary Public
Mongomery Caunty
Witess my hand and official seal. Vy Commission Expires June June02, 202 Commission Nu maar 1361111
Signature Halkjanя12
Holly Tallone Notary Public Signature Place Notary Puble Seal Above
OPTIONAL
Though the information below is not required by law, it may prove valuable to the persons relying on the document and could prevent fraudulent remova and reattachment of this form to another documen
Description of Attached Document
Title or Type of Document
Document Date _ Number of Pages:
Signer's Name:
• Individual • Individual
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General RIGHT THUMBPPINT • Partner - • Limited • General IGHT THJMBPR S
OF-SIGNER F SGN T
• Guardian or Conservator • Guardian or Conservator
Top of thumb Top of thumb
& Attorney-in-Fact • Attorney-in-Fact
• Trustee • Trustee
• Other: • Other:
Signer is representing Signer is representing
XL Specialty Insurance Compan y
• •
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On before me, , Notary Public
personally appeared
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Notary Public
B0785-000912887657v3.doc
DocuSign Envelope ID: 5BFAFDB3-51DA-4E04-825D-2A4E9C9BFF10 Power of Attorney
XL Specialty Insurance Company THIS IS NOT A BOND NUMBER XL Reinsurance America Inc. LIMITED POWER OF ATTORNEY
AXA XL 1626137
KNOW ALL MEN BY THESE PRESENTS: That XL Specialty Insurance Company, a Delaware insurance companies with offices located at 505 Eagleview Bivd., 19341, and XL Reinsurance insurance company with offices located at 677 Washington Blvd., 10th Floor, Stamford, CT 06901, do hereby nominate, constitute, and appoint:
Louis J. Bensinger, Kathleen M. Coen, Holly Tallone, Julia C Zalesky, Abigail E Curtiss, Jordan Fisher, Ashley Martin, Jessica Hedrick
each its true and lawful Attorney(s)-in-fact deliver for and on its behalf, surety, and as deed, where required, any and all bonds undertakings in thereof, for the penal sum of which is in any exceed $100,000,000.00.
Such bonds and undertakings, when duly executed by the aforesaid Attomey (s) - in - Fact shall be binding upon each said Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed The Power of Attomey is facsimile under and by authority of the following Resolutions adopted by the of Directors of each of the Companies on the 26th day of July 2017.
RESOLVED, that Gary Kaplan, Daniel Riordan, Maria Duhart, Gregory Mirsch are hereby appointed by the Board as authorized execute, seal and deliver for and on behalf of the Company, any and all bonds, undertakings, contracts or obligations in surety or and that the Secretary Assistant Secretary of the Company be and that each of them hereby is authorized to execution of any such bonds, undertakings, contracts or obligations in surety or co-surety and attach thereto the corporate seal RESOLVED, FURTHER, that Gary Kaplan, Daniel Riordan, Maria Duhart, Gregory Boal and Kevin Mirsch each is hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute, on behalf of the undertakings in surety or co-surety with that the Secretary or any Assistant Secretary of the Company be, and that each of them is hereby authorized to attest the execution of any such power of attorney, and to attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of any certificate relating thereto by facsimile, and any such power of attomey or certificate bearing facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking, contract or obligation in surety or co-surety with others to which it is attached.
IN WITNESS WHEREOF, COMPANY has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officers this January 10th, 2024.
XL SPECIALTY INSURANCE COMPANY
INSURANCE
CORPORAT
by: SeRe
SEAL
Gregory Boal, VICE PRESIDENT
DELAWARE
STATE OF PENNSYLVANIA
COUNTY OF CHESTER Attest:
Kevin M. Mirsch, ASSISTANT SECRETARY
he knows the seals of said Companies; that the seals affixed to the aforesaid instrument is such corporate seals and were affixed thereto by said Companies;
order.
Commonwealth of Pennsyivania • Notary Seal
S Grace Freed-Brown, Notary Public
Chester County
My commission expires March 5. 2026
Commission number 1322812 S. Grace Freed-Brown, NOTARY PUBLIC Meriser, Pennsylvania Asscciation of Notaries
SB0042 Page 1 of 2
DocuSign Envelope ID: 5BFAFDB3-51DA-4E04-825D-2A4E9C9BFF10
STATE OF PENNSYLVANIA
COUNTY OF CHESTER
1, Kevin M. Mirsch, Assistant Secretary of XL SPECIALTY INSURANCE COMPANY, a corporation of the State of Delaware, do hereby certify that the above and forgoing is a full, true and correct copy of a Power of Attorney issued by said Companies, and that I have compared same with the original and that it is a correct transcript therefrom and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed seal of said Corporation, at the City of Exton, 4 day of March 2024
Ken Mainl
* SEAL Kevin M. Mirsch, ASSISTANT SECRETARY
DELAWARE
IN WITNESS WHEREOF, XL REINSURANCE AMERICA INC. has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officers this 10th day of January, 2024.
XL REINSURANCE AMERICA INC.
CORPORATE
7X
by:
SEAL
New YORK Gregory Boal, VICE PRESIDENT
Attest:
Kenimainl
Kevin M. Mirsch, ASSISTANT SECRETARY
STATE OF PENNSYLVANIA
COUNTY OF CHESTER
On this 10th day of January, 2024, before me personally came Gregory Boal to me known, who, being duly sworn, did depose and say:
that he is Vice President of XL REINSURANCE AMERICA INC., described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Corporation, and that he executed the said instrument by like order.
Commonwealth of Pennsylvania • Notary Sea!
S Grace Freed -Brown, Notary Public
Chester County
My commissione xpires March 5.2026
S. Grace Freed-Brown, NOTARY PUBLIC
Commission number 1322812
Meroet Pennsylvania Associat on of Notaries
STATE OF PENNSYLVANIA
COUNTY OF CHESTER
I, Kevin M. Mirsch, Assistant Secretary of XL REINSURANCE AMERICA INC. a corporation of the State of New York, do hereby certify that rights,
the above and forgoing is a full, true and correct copy of a Power of Attorney issued by said Corporation, and that I have compared same with the oriainal and that it is a correct transcript therefrom and of the whole oriainal and that the said Power of Attorney is still in full force IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation, at the City of Exton, this day of CORPORATE "AMERICA
Kevin M. Mirsch, ASSISTANT SECRETARY
SEAL
This Power of Attorney may not be used to execute any bond with an inception date after 1/10/2026 SB0042 Page 2 of 2
XL SPECIALTY INSURANCE COMPANY
STATUTORY STATEMENT OF ADMITTED ASSETS,
LIABILITIES, CAPITAL AND SURPLUS
December 31, 2022
(U.S. Dollars)
Assets: Liabilities:
Bonds 2,638,907,602 Loss & loss adjustment expenses 1,608,235,424 Stocks 176,152,684 leinsurance payable on paid loss and los (1,492,956) djustment expense
Cash and short-term investments 347,520,837 Unearned premiums 420,136,433 Receivable for securities 16,707 Ceded reinsurance premium payable 0 Total Invested Assets 3,162,597,830 Funds held by company under reinsurance treaties 679,153,761
Payable for Securities 133,731
Other Liabilities 183,469,550
Total Liabilities 2,889,635,943
Agents Balances 233,706,169 Capital and Surplus:
Aggregate write-ins for special
Funds held by or deposited with reinsured 0 surplus funds companies Common capital Stock
5,812,500
einsurance recoverable on loss and los
Gross paid in and contributed surplus 609,191,895
djustment expense paymen
Accrued interest and dividends 14,641,629 Unassigned surplus (3,379,320) Other admitted assets 90,315,390 Total Capital and Surplus 611,625,075 Total Admitted Assets 3,501,261,018 Total Liabilities, Capital and Surplus 3,501,261,018 1, Andrew Robert Will, Vice President and Controller of XL Specialty Insurance Company (the "Corporation") do hereby certify as a complete statement of financial condition of the Corporation. Such a statement is available upon request at the Corporation's principal office located at 677 Washington Blvd., 10th Floor, Suite 1000, Stamford, CT 06901 Andrew Robert Will
Vice President and Controller
Bond No. US00137024SU24A
WARRANTY BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
Whereas, the City Council of the City of Beverly Hills, State of California, and 9900 Santa Monica Blvd., LLC (hereinafter designated as "Principal") have entered into an agreement, dated ,20_ _, and identified as project 9908 South Santa Monica Boulevard, is hereby referred to and made a part hereof; and Whereas, Principal is required under the terms of said agreement to furnish a bond for the good and sufficient warranty of all of the improvements installed pursuant to said agreement.
Now, therefore, we, the Principal and XL Specialty Insurance Company, as surety (hereinafter designated as "Surety"), are held and firmly bound unto the City of Beverly Hills in the penal sum of Thirty-Two Thousand, Two Hundred and 00/100 dollars ($32,200.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall remedy, without cost to the City of Beverly Hills, any defects which may develop during a period of one (1) year from the date of the completion and acceptance of the last of the improvements installed under the agreement, caused by defective or inferior design, materials, workmanship or maintenance as determined by the City, and shall indemnify, defend and hold harmless the City of Beverly Hills, its officers, officials, employees, agents and volunteers for any and all claims, demands, causes of action, judgments, damages, injuries, liabilities, losses, costs or expenses, including attorneys' fees and costs of defense, which arise out of, pertain to, or relate to such defects or inferior design, materials, workmanship or maintenance or to the Principal's actions or inactions in remedying such defects or inferior design, materials, workmanship or maintenance, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
If suit is brought upon this bond, Surety further agrees to pay, in addition to the Penal Sum, all costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City of Beverly Hills in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
Further, Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City of Beverly Hills is the principal beneficiary of this bond and has all rights of a party hereto.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, -1-
B0785-0009\2887657v3.doc
and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of Principal and Surety being hereto affixed and these presents duly signed by Principal and by Surety's undersigned representative(s) pursuant to authority of its governing body.
Dated: March 8, 2024
9908 Santa Monica Blvd., LLC XL Specialty Insurance Company 645 Madison Ave., 21st Floor, New York, NY 10022 677 Washington Blvd., 10th Floor, Suite 1000, Stamford, CT 06902 By: GENGHIS HANDI By: Julia C. Zalesky
Its: AUTHOGZED SIGNATURY Its: Attorney-in-Fact
(Seal)
(Seal)
Note: This bond must be executed in duplicate and
APPROVED AS TO FORM:
dated, all signatures must be notarized, and
evidence of the authority of any person signing
as attorney-in-fact must be attached. CITY OF BEVERLY HILLS By: Within form
Laurence S. Wiener, City Attorney
- 2-
B0785-0009\2887657v3.doc
Acknowledgement Form
State of New York
)SS.:
County of New York
On the 12TM day of MARCH in the year 20n4 before me, the undersigned notary public, personally appeared GENGHIS HAA —, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.
Yapp Notary Public
TALA JALLAD
NOTARY PUBLIC, STATE OF NEW YORK
Registration No. 02JA6415724
Qualified in New York County
Commission Expires March 29, 2025
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfullness, accuracy or validity of that document.
State of Pennsylvania
County of_Montgomery
On March 8, 2024 _ before me, Holly Tallone
Date Name and Title of Notary
personally appeared Julia C. Zalesky
Name and or Names of Signers)
Who proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of Pennsylvania that the foregoing paragraph is true and correct. Commonwealth of Pennsylvania-Notary Seal
Holly Tallore, Notary Pulatic
Witness my hand and official seal. Ment gomery County
Holly Taleme My Cemmission Expires June 02, 2025
Signatur - Notary Public Signature Commissa Number 1381117 Holly Tallore
_ OPTIONAL
Though the information below is not required by law, it may pree valuable to the persis relyingon the document and could prevent fraudulent removal and reattachment of this form to ancher document.
Description of Attached Document
Ttle or Type of Document
Document Date Number of Pages:
Signer's Name:
• Individual • Individual
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - L Limited L General RIGHT THUMBPRIN
IGHT THUMBPRIN
F SIGNE • Guardian or Conservator
1 Guardian or Conservator #p olhumb
Attorney-in-Fact •Attomey-in-Fact
• Trustee • Trustee
• Other: • Other:
Signer is representing Signer is representing
XL Q ecial Insurance CorRa *
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On before me, , Notary Public
personally appeared
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Notary Public
B0785-000912887657v3.doc
DocuSign Envelope ID: 5BFAFDB3-51DA-4E04-825D-2A4E9C9BFF10 Power of Attorney
XL Specialty Insurance Company THIS IS NOT A BOND NUMBER XL Reinsurance America Inc. LIMITED POWER OF ATTORNEY
ALA XL 1626140
KNOW ALL MEN BY THESE PRESENTS: That XL Specialty Insurance Company, a Delaware insurance companies with offices located at 505 Eagleview Blvd., a New York insurance company offices located at 677 Washington Blvd., 10th Floor, Stamford, CT 06901, do hereby nominate, constitute, and appoint:
Louis J. Bensinger, Kathleen M. Coen, Holly Tallone, Julia C Zalesky, Abigail E Curtiss, Jordan Fisher, Ashley Martin, Jessica Hedrick
each its true and lawful Attomey(s)-in-fact deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds and undertakings in the nature thereof, for the penal sum of no one of which is in any event to exceed $100,000,000.00.
when duly executed by the - in - Fact shall be binding upon each said Company as were signed by the President and Secretary of the Company and sealed Power of Attorney IS signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of each of the Companies on the 26th day of July 2017.
RESOLVED, that Gary Kaplan, Daniel Duhart, Gregory Boal and Kevin Mirsch are hereby appointed by the Board as authorized to make, execute, seal and deliver for and on and all bonds, undertakings, contracts or obligations in surety or co-surety any Assistant Secretary of the Company be and that each of them hereby is authorized to attest the execution of any such bonds, undertakings, contracts or obligations in surety or co-surety and attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, and Kevin Mirsch each is hereby authorized to execute powers of attorney qualifying the given power of attorney to execute, on behalf of the Company, undertakings in surety or co-surety with that the Secretary or any Assistant Secretary of the Company be, and them is hereby authorized to attest the execution of any such power of attorney, and to attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, officers named the preceding resolutions and the corporate Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking, contract or obligation in surety or co-surety with others to which it is attached.
IN WITNESS WHEREOF, XL SPECIALTY INSURANCE COMPANY has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officers this January 10th, 2024.
XL SPECIALTY INSURANCE COMPANY
CORPORAT
al by: BOBO
SEAL
Gregory Boal, VICE PRESIDENT
DELAWARE
STATE OF PENNSYLVANIA
COUNTY OF CHESTER
Kevin M. Mirsch, ASSISTANT SECRETARY
day of January, 2024, before me personally came Gregory Boal to me known, who, being duly sworn, did depose and is Vice President of XL SPECIALTY INSURANCE COMPANY, described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to the aforesaid instrument is such corporate seals and were affixed thereto by order and authority of the Boards of Directors of said Companies; and that he executed the said instrument by like Commonwealth of Pennsyivania - Notary Seal
S Grace Freed-Brown, Notary Public
Chester County
My commission expires March 5, 2026
Commission number 1322812 S. Grace Freed-Brown, NOTARY PUBLIC Merger, Pennsylvania Asseciation of Notaries
SB0042 Page 1 of 2
DocuSign Envelope ID: 5BFAFDB3-51DA-4E04-825D-2A4E9C9BFF10
STATE OF PENNSYLVANIA
COUNTY OF CHESTER
I, Kevin M. Mirsch, Assistant Secretary of XL SPECIALTY INSURANCE COMPANY, a corporation of the State of Delaware, do hereby certify that the above and forgoing is a full, true and correct copy of a Power of Attorney issued by said Companies, and that I have compared same with the original and that it is a correct transcript therefrom and of the whole of the original and that the said Power of Attorney is IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation, at the City of Exton, this & day of March 2024.
VORPORAT Ken Mainl
Kevin M. Mirsch, ASSISTANT SECRETARY
DELAWARE
IN WITNESS WHEREOF, XL REINSURANCE AMERICA INC. has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officers this 10th day of January, 2024.
XL REINSURANCE AMERICA INC.
CORPORATE 0B O
by:
SEAL
NEW YORK Gregory Boal, VICE PRESIDENT
Attest:
Kevin M. Mirsch, ASSISTANT SECRETARY
STATE OF PENNSYLVANIA
COUNTY OF CHESTER
On this 10th day of January, 2024, before me personally came Gregory Boal to me known, who, being duly sworn, did depose and say:
that he is Vice President of XL REINSURANCE AMERICA INC., described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Corporation, and that he executed the said instrument by like order.
Commonwealth of Pennsyivania - Notary Seal
S Grace Freed-Brown, Notary Public
Chester County
My commission expires March 5.2026
S. Grace Freed-Brown, NOTARY PUBLIC
Commission number 1322812
Meriber. Penngylvania Asscciation of Notaries
STATE OF PENNSYLVANIA
COUNTY OF CHESTER
I, Kevin M. Mirsch, Assistant Secretary • of XL REINSURANCE AMERICA INC. a corporation of the State of New York, do hereby certify that the person who executed this Power of Attorney, with the rights, respectively of XL REINSURANCE AMERICA INC., do hereby certify that the above and forgoing is a full, true and correct copy of a Power of Attorney issued by said Corporation, and that I have compared same with the original and that it is a correct transcript therefrom and of the whole original and that the said Power of Attorney is still in full force and effect and has not been revoked.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation, at the City of Exton, this day of CORPORATE Ken MMind
Kevin M. Mirsch, ASSISTANT SECRETARY
SE
VOR
This Power of Attorney may not be used to execute any bond with an inception date after 1/10/2026 SB0042 Page 2 of 2
XL SPECIALTY INSURANCE COMPANY
STATUTORY STATEMENT OF ADMITTED ASSETS,
LIABILITIES, CAPITAL AND SURPLUS
December 31, 2022
(U.S. Dollars)
Assets: Liabilities:
Bonds 2,638,907,602 Loss & loss adjustment expenses 1,608,235,424 Stocks 176,152,684 insurant expense on paid to and os (1,492,956) Cash and short-term investments 347,520,837 Unearned premiums 420, 136,433 Receivable for securities 16,707 Ceded reinsurance premium payable 0 Total Invested Assets 3,162,597,830 Funds held by company under reinsurance 679,153,761 treaties
Payable for Securities 133,731
183,469,550
Other Liabilities
Total Liabilities 2,889,635,943
Agents Balances 233,706,169 Capital and Surplus:
Aggregate write-ins for special
surplus funds
Funds held by or deposited with reinsured 0
companies Common capital Stock 5,812,500
Gross paid in and contributed surplus 609,191,895
Accrued interest and dividends 14,641,629 Unassigned surplus (3,379,320) Other admitted assets 90,315,390 Total Capital and Surplus 611,625,075 Total Admitted Assets 3,501,261,018 Total Liabilities, Capital and Surplus 3,501,261,018 1, Andrew Robert Will, Vice President and Controller of XL Specialty Insurance Company (the "Corporation") do hereby certify Andrew Robert Will
Vice President and Controller