Item F-2 Agenda Report — Beverly Hills City Council, January 28, 2025 (part 1 of 4)

AGENDA REPORT
Meeting Date: January 28, 2025
Item Number:

To: Honorable Mayor & City Council
From: Masa Alkire, AICP, Assistant Director of Community Development/City Planner
Cindy Gordon, AICP, Principal Planner
Minjee Hahm, AICP, Associate Planner
Subject: A RESOLUTION MODIFYING THE CITY’S GENERAL PLAN LAND

USE MAP, AND ADOPTING A NEGATIVE DECLARATION
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT;
AND

AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING
BEVERLY HILLS MUNICIPAL CODE §10-3-2745 TO MODIFY THE

MAXIMUM ALLOWABLE FLOOR AREA RATIO LIMITATION FOR
CERTAIN BUILDINGS LOCATED IN C-3 COMMERCIAL ZONES
Attachments: 1. Draft Resolution

2. Draft Ordinance

3. Planning Commission Staff Report without Attachments (11/14/2024)

4. Planning Commission Resolution No. 2074

5. Planning Commission Resolution No. 2075

6. Redlined Zone Text Amendment Language

7. Draft General Plan Land Use Map

8. Applicant-provided Survey of Properties

9. Initial Study/Negative Declaration

10. Public Notice

11. Public Correspondence

12. Project Plans

RECOMMENDATION
Pursuant to the Planning Commission’s review and recommendation, staff recommends the City Council:
• Move to approve the resolution entitled “A RESOLUTION MODIFYING THE CITY’S

GENERAL PLAN LAND USE MAP, AND ADOPTING A NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT”
Meeting Date: January 28, 2025

Page 2 of 5 ends

• Move to waive the full reading of the ordinance and introduce and read by title only the ordinance entitled “AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING BEVERLY HILLS MUNICIPAL CODE §10-3-2745 TO MODIFY THE MAXIMUM

ALLOWABLE FLOOR AREA RATIO LIMITATION FOR CERTAIN BUILDINGS LOCATED IN C-3 COMMERCIAL ZONES.”
This resolution and ordinance are being considered as part of an applicant-initiated General Plan Amendment (GPA) and Zone Text Amendment (ZTA) to allow the conversion of a portion of the parking area located on the ground floor of the existing parking garage located at 450 North Roxbury Drive (the “project site”) into retail tenant spaces. The draft resolution and ordinance as recommended by the Planning Commission are included in Attachments 1 and 2 respectively.

INTRODUCTION
On November 14, 2024, the Planning Commission reviewed the proposed project, which includes an applicant-initiated GPA and ZTA and draft ordinance (Attachment 2) to amend the City’s General Plan Land Use Map and Beverly Hills Municipal Code to allow properties within the Business Triangle to exceed the otherwise applicable maximum floor area ratio (FAR) for the purpose of converting the ground level of an existing parking structure abutting a public street to retail space, subject to the approval of a Development Plan Review (DPR). The Planning Commission approved a DPR application to convert the parking area on the subject property, contingent upon City Council approval of the GPA and ZTA applications.

The project site is developed with a legally nonconforming 10-story office building and an attached, five-story parking garage (three stories above ground; two stories subterranean).

Pending City Council approval of the GPA and ZTA, the approved DPR would allow for the conversion of 6,797 square feet (SF) of ground floor parking area to four retail tenant spaces (Fig. 1 and Fig. 2). The DPR was approved by the Planning Commission, contingent on City Council approval of the GPA and ZTA applications, and is not subject to further review by the City Council. No changes are proposed to the existing office building on site.

Fig. 1: Existing Ground Floor Plan
Source: Plans - HLW International LLP
Meeting Date: January 28, 2025

Page 3 of 5 ends

Fig. 2: Proposed Ground Floor Plan
Source: Plans - HLW International LLP
At the hearing, the Planning Commission reviewed the proposal, received public testimony, and discussed the proposed project. Key points of the Commission’s discussion included:
• Enhancing the pedestrian experience on North Roxbury Drive; and • The applicability of the proposed ZTA language to other existing buildings in the C-3 Zone.

The Commission discussed how the project would encourage new retail options and foster pedestrian activity along North Roxbury Drive, where the current streetscape is interrupted for over 160 linear feet by the frontage of the parking garage. The proposal would also diversify uses in an area predominantly occupied by ground-floor commercial offices, activating pedestrian movement and providing added convenience for nearby residents and visitors.

Based on staff’s assessment and the applicant-provided survey of buildings and sites located in the Business Triangle (Attachment 8), the GPA and ZTA would potentially apply to only one additional property, because this type of development pattern in unusual.

The Commission voted 5-0 to conditionally approve the DPR application by Resolution No. 2074 (Attachment 4) and adopted Resolution No.2075 (Attachment 5) recommending approval of the GPA and ZTA to the City Council. As recommended by the Planning Commission, the draft ordinance amends the City’s Land Use Map and Beverly Hills Municipal Code (BHMC) §10-3- 2745 to allow for properties within the Business Triangle to exceed the otherwise allowed maximum floor area ratio by up to 10% for the purpose of converting the ground level of an existing parking structure abutting a public street to retail space, up to a maximum depth of 70 feet from the front property line, and subject to the approval of a DPR pursuant to BHMC §10-3- 3100. A redlined version of the proposed ZTA language recommended by the Commission is provided as Attachment 6.

Meeting Date: January 28, 2025

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Should the Council deny the GPA and ZTA, the Commission’s approval of the DPR would become void and the applicant would not be allowed to convert the existing ground floor parking area of the parking garage into retail tenant spaces because the existing development on the property exceeds the maximum allowed FAR.

DISCUSSION AND ANALYSIS
Pursuant to BHMC §10-3-2745, the maximum allowable floor area for the C-3 zone is 2.0.

Additionally, as stated in BHMC §10-3-2726, the maximum height for a building in this zone is 45 feet or three stories, whichever is less. The project site is developed with a 10-story office building that is 155 feet tall, and an attached parking garage. The total floor area is 96,850 SF, resulting in a FAR of 2.65. The maximum allowable FAR for the site would otherwise be 72,960 SF (2.0 FAR). Therefore, the project site is legally nonconforming, as to the height and the floor area, and would not be able to add any additional floor area under current development standards. The project includes a request to convert 6,797 SF of parking into retail space, which would increase the FAR from 2.65 to 2.84. Because the proposed conversion of existing parking area into retail tenant spaces would not comply with the City’s existing FAR standards, the applicant has proposed to amend BHMC §10-3-2745 to allow an increase in FAR in certain situations and the City’s Land Use Map accordingly to note the change in permissible density for certain buildings. The following modified language has been proposed for consideration, with the proposed amendment (Attachment 6) shown in red:

10-3-2745: DENSITY:

A. Except as may be expressly provided in this chapter, the maximum floor area ratio on any site area shall not exceed 2.0. For the purposes of this section, "site area" shall include only those portions of the site which are in a nonresidential zone, including the C-5 zone.

B. Notwithstanding subsection A, the maximum floor area ratio on a site located within the Business Triangle, as defined in Section 10-3-2703, may be increased as a result of the conversion of the ground level of an existing parking structure abutting a public street to retail business(es), as defined in Section 10- 3-100, up to a depth of 70’-0” from the front property line, subject to approval of a Development Plan Review pursuant to Section 10-3-3100. The additional floor area for the conversion shall not exceed 10% of the maximum allowable floor area for the site, regardless of the existing building square footage.

As proposed by the applicant, the GPA and ZTA would be applicable only to buildings located within the Business Triangle. The applicant conducted a review of all properties within the Business Triangle, focusing on those that contain similar characteristics as the project site, with buildings that are over three stories tall and feature parking garages facing the public street. As a result, the applicant identified one additional property in the Business Triangle for which the proposed GPA and ZTA may apply, which is located at 462 Linden Drive/9780 South Santa Monica Boulevard. Based on staff’s assessment of buildings and sites located in the Business Triangle, staff concurs with the finding provided by the applicant. The property review provided by the applicant is included as Attachment 8 to this report.

In compliance with the proposed GPA and ZTA, the project proposes a conversion of 6,797 SF of an existing parking structure, resulting in a new total floor area of 103,647 SF for the project site. Pursuant to State Law, due to the project site’s proximity to major transit stops, as defined by California Public Resources Code Section 21064.3, no additional parking is required for the project and the city cannot require replacement parking for the parking spaces that will be lost Meeting Date: January 28, 2025

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because of the proposed conversion. Nonetheless, sufficient parking would be available for customers and tenants within the existing levels of the parking garage, as well as in nearby city parking structures. A full parking analysis is provided in the PC staff report, provided as Attachment 3.

PUBLIC OUTREACH AND NOTIFICATION
The Notice of Public Hearing was mailed on January 8, 2025 to all property owners and residential occupants within a 500-foot radius (extended to the block face) from the project site (Attachment 10). An on-site notice was posted on the subject property January 8, 2025. The project was also noticed in the January 3, 2025 edition of the Beverly Hills Courier and the January 9, 2025 edition of the Beverly Hills Weekly. Lastly, courtesy emails were provided to all interested parties advising them of the hearing date.

Public Comment
The Planning Commission held a duly noticed public hearing on November 14, 2024. No public correspondence was submitted as part of the Commission review of the project. However, one comment letter was provided during the public review period for the Draft IS/ND Report, which is included as Attachment 11. As of the writing of this report, no additional correspondence has been received.

ENVIRONMENTAL REVIEW
This project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.), and the environmental regulations of the City. An Initial Study and Negative Declaration (Attachment 9) was prepared to evaluate the potential environmental effects that could result from the construction and operation of the Project. The analysis concluded that the project would not result in any significant environmental impacts and that no mitigation is necessary.

Upon review, the Planning Commission adopted the Initial Study and Negative Declaration for the Project. The City Council will also consider adopting the Initial Study and Negative Declaration in conjunction with consideration of the General Plan Amendment and Zone Text Amendment.

FISCAL IMPACT
The adoption of the draft ordinance would allow for the conversion of existing ground floor parking spaces within an existing parking garage for certain buildings located within the City’s C-3 Zone. The introduction of ground floor retail spaces within an existing parking garage would enhance pedestrian activity on North Roxbury Drive and could generate sales tax revenue from the retail uses, resulting in an overall increase in tax revenue. Therefore, the draft ordinance may result in an overall positive fiscal impact to the city.

Michael Forbes, AICP
Director of Community Development
Approved By
ATTACHMENT 1
Draft Resolution
RESOLUTION NO. 25-R-_______
A RESOLUTION MODIFYING THE CITY’S GENERAL PLAN

LAND USE MAP, AND ADOPTING A NEGATIVE

DECLARATION PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.

The City Council of the City of Beverly Hills hereby finds, resolves, and determines as follows:

Section 1. On November 14, 2024, the Planning Commission held a duly noticed public hearing after which it adopted Resolution No. 2075, recommending that the City Council amend a portion of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code to amend the maximum allowable floor area ratio (FAR) limitation for certain buildings located in the C-3 Commercial zones to allow properties within the Business Triangle to increase the maximum floor area ratio (FAR) as a result of the conversion of the ground level of an existing parking structure abutting a public street to retail business(es), subject to the approval of a Development Plan Review and amend the City’s General Plan Land Use Map accordingly to note the change in permissible density for certain buildings (collectively, the “Amendments”).

Section 2. On January 28, 2025, the City Council held a duly noticed public hearing to review the draft resolution to modify the City’s General Plan Land Use Map and the draft ordinance to amend Beverly Hills Municipal Code (BHMC) Section 10-3-2745.

Section 3. The Project was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.), and the environmental regulations of the City. An Initial Study/ Negative Declaration has been prepared to evaluate the potential environmental effects that could result from the construction and operation of the Project. The analysis concluded that the Project would Docusign Envelope ID: A9A5021F-F4F6-464A-B456-1D0B6130D50A 2 not result in any significant environmental impacts and that no mitigation is necessary. Upon review the Planning Commission adopted the Initial Study/Negative Declaration for the Project.

The City Council, exercising its independent judgment, hereby adopts the Initial Study and Negative Declaration for the Project and finds that the Project would not result in any significant environmental impacts and that no mitigation is necessary. The Community Development Department, 455 North Rexford Drive, Beverly Hills, California, is the custodian of the documents that constitute the record of proceedings related to the Negative Declaration, Section 4. The City Council hereby amends the Land Use Element of the General Plan, specifically Map 1 (Map LU 1), by adding a note to the General Plan Land Use Map, as shown on Exhibit A, attached hereto and incorporated herein by this reference.

Section 5. The Amendment to the General Plan Land Use Map is consistent with the goals and policies of the General Plan for commercial uses located throughout the City.

Specifically, the General Plan’s goals and policies outlined in the Land Use Element and the Open Space Element to maintain and enhance the character of the City’s business districts, exhibit a high level of site planning and design, promote pedestrian-active streets, accommodate diverse uses for customers that also support the needs of local residents, support and retaining high-quality businesses, and ensure an compliance with the City’s sustainability goals. The Amendment will revitalize underutilized, built-out areas and support the development of pedestrian-oriented shopping spaces within the City’s Business Triangle. It will enable the conversion of ground-floor parking spaces within an existing garage on the east side of the 400 block of North Roxbury Drive into retail tenant spaces, introducing new retail uses that attract pedestrian activity to this section of North Roxbury Drive. By adding new retail options and services, the Amendment will enhance and activate pedestrian engagement, providing increased convenience and comfort for nearby Docusign Envelope ID: A9A5021F-F4F6-464A-B456-1D0B6130D50A 3 residents and visitors. The Amendment will ensure that any proposed conversion of ground floor parking spaces into retail use does not create adverse impacts for surrounding properties and uses and will not conflict with the general welfare of the city. The approval of the proposed Amendment will help stoke greater economic activity in many of the city’s commercial areas and promote pedestrian activity. For these reasons, the public interest, health, safety, morals, peace, comfort, convenience, and general welfare of the community requires adoption of the Amendment.

Section 6. The City Clerk shall certify to the adoption of the Resolution and shall cause the Resolution and her certification to be entered in the Book of Resolutions of the Council of the City of Beverly Hills.

Adopted:

CITY OF BEVERLY HILLS
A Municipal Corporation
____________________________
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
LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager
EXHBIT A: Draft General Plan Land Use Map
Docusign Envelope ID: A9A5021F-F4F6-464A-B456-1D0B6130D50A 4 Exhibit A: Draft General Plan Land Use Map
Docusign Envelope ID: A9A5021F-F4F6-464A-B456-1D0B6130D50A

BEVERLY BLVD

WILSHIRE BLVD WILSHIRE BLVD WILSHIRE BLVD

ANGELO DR
N

GREGORY WAY

OLYMPIC BLVD OLYMPIC BLVD

OLYMPIC BLVD
L
L
R

CHARLEVILLE BLVD CHARLEVILLE BLVD

BURTON WAY
SP
SP
SP
SP
General Plan Land Use Designations - City of Beverly Hills Legend
Single family residential
Low density
Medium density
High density
Multi-family residential
Very low density
Low density
Low medium density
Medium density
High density
Commercial
Low density general
Low density general or medium
density retail
Low density general or medium
density retail
Medium density commercial
Low density general and
municipal
Mixed use
Mixed use #2
Mixed use #3
M-PD-5 overlay zone
Specific plan - hotel uses
Specific plan - Beverly Hills
Gardens
Specific plan - 9900 Wilshire
Specific plan - Beverly Hilton
Overlay specific plan - One
Beverly Hills
Mixed use overlay
Parks and quasi-public uses
Parks
Public buildings
Public schools
Railroad
Maximum
density
(DU/Acre)
Maximum
height
(feet)
1 4
6 22
40 40
45 50
33 - 45
30 40
60 60

2.0 (FAR)

5.0 (FAR)

3.6 (FAR)

1.5 - 2.0
(FAR)

4.0 (FAR)

Map produced by: City of Beverly Hills - IT - GIS
455 N. Rexford Dr. Beverly Hills, CA 90210
January 25, 2022
SP
SP
SP
SP
550
*refer to mixed- use overlay
zone map
E
0 960 1,920Feet
1:19,500

2.5 (FAR) 47
SP
SP
Docusign Envelope ID: A9A5021F-F4F6-464A-B456-1D0B6130D50A Certificate Of Completion
Envelope Id: A9A5021F-F4F6-464A-B456-1D0B6130D50A Status: Sent Subject: Complete with Docusign: Attachment 1 - Draft Resolution GPAZTA_FINAL_MH.pdf Source Envelope:

Document Pages: 5 Signatures: 1 Envelope Originator:

Certificate Pages: 2 Initials: 0 Evelin Welch
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.166
Record Tracking
Status: Original
1/23/2025 3:24:02 PM
Holder: Evelin Welch
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Dave Snow
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 72.219.162.164
Sent: 1/23/2025 3:28:28 PM
Viewed: 1/23/2025 4:06:20 PM
Signed: 1/23/2025 4:06:31 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Mandy Jiang
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 1/23/2025 4:06:34 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Nancy Hunt-Coffey
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Lester J. Friedman
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Huma Ahmed
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Adrianne Tarazon
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Megan Grilley
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 1/23/2025 3:28:28 PM
Payment Events Status Timestamps
ATTACHMENT 2
Draft Ordinance
ORDINANCE NO. 25-O_______

AN ORDINANCE OF THE CITY OF BEVERLY HILLS
AMENDING BEVERLY HILLS MUNICIPAL CODE §10-3-2745

TO MODIFY MAXIMUM ALLOWABLE FLOOR AREA RATIO
LIMITATION FOR CERTAIN BUILDINGS LOCATED IN C-3
COMMERCIAL ZONES.

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

Section 2. This Ordinance and the Amendments, in conjunction with the proposed project located at 450 North Roxbury Drive (collectively the “Project”) were 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. The Project includes the conversion of 6,797 square-feet (SF) of existing parking spaces located on the ground floor of an existing parking structure at 450 North Roxbury Drive to retail uses. The Project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.), and the environmental regulations of the City. An Initial Study/Negative Declaration has been prepared to evaluate the potential environmental effects that could result from the construction and operation of the Project. The City Council adopted the Initial Study/Negative Declaration as part of its approval of the related General Plan Amendment for the Project, and concluded that the Project would not result in any significant environmental impacts and that no mitigation is necessary.

Section 3. The Amendments are consistent with the objectives, principles, and standards of the General Plan. The proposed Amendments further the goals and policies set forth in the General Plan for commercial uses located throughout the City. Specifically, the General Plan’s goals and policies outlined in the Land Use Element and the Open Space Element to maintain and enhance the character of the City’s business districts, exhibit a high level of site planning and design, promote pedestrian-active streets, accommodate diverse uses for customers that also support the needs of local residents, support and retaining high-quality businesses, and ensure compliance with the City’s sustainability goals.

Section 4. The City Council hereby amends §10-3-2745 of Article 27 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code to read as follows:

B. Notwithstanding subsection A, the maximum floor area ratio on a site located within the Business Triangle, as defined in Section 10-3-2703, may be increased as a result of the conversion of the ground level of an existing parking structure abutting a public street to retail business(es), as defined in Section 10-3-100, up to a depth of 70’-0” from the front property line, subject to approval of a Development Plan Review pursuant to Section 10-3-3100. The additional floor area for the conversion shall not exceed 10% of the maximum allowable floor area for the site, regardless of the existing building square footage.

Section 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this Ordinance shall be and remain in full force and effect.

Section 6. Publication. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage in accordance with Section 36933 of the Government Code, shall certify to the adoption of this Ordinance, and shall cause this Ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City. //
//
Section 7. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.

Adopted:

Effective:

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:

LAURENCE S. WIENER
City Attorney

NANCY HUNT-COFFEY
City Manager

MICHAEL FORBES, AICP
Director of Community Development
ATTACHMENT 3
Planning Commission Staff Report
Without Attachments
(11/14/2024)
City of Beverly Hills
Planning Division
455 N. Rexford Drive Beverly Hills, CA 90210
TEL. (310) 285-1141 FAX. (310) 858-5966
Planning Commission Report
Attachment(s):

A. Required Findings
B. Draft DPR Resolution
C. Draft GPA/ZTA Resolution (Exhibit A: Draft Ordinance, Exhibit B:

General Plan Land Use Map)
D. Applicable General Plan Goals and Policies
E. Redlined Zone Text Amendment Language
F. Public Notice
G. City Parking Structure Information
H. Applicant-prepared Property Survey
I. Project Plans (under separate cover)
J. Draft IS/ND Report
Report Author and Contact Information:

Minjee Hahm, AICP, Associate Planner
(310) 285-1136
[email protected]
Meeting Date: November 14, 2024
Subject: 450 NORTH ROXBURY DRIVE
General Plan Amendment, Zone Text Amendment, and
Development Plan Review (PL2300383)
Request for a General Plan Amendment (GPA) and Zone Text Amendment (ZTA) to amend the City of Beverly Hills General Plan land use map and Beverly Hills Municipal Code to allow properties within the Business Triangle to increase the maximum floor area ratio (FAR) as a result of the conversion of the ground level of an existing parking structure abutting a public street to retail business(es), subject to the approval of a Development Plan Review, and a Development Plan Review to allow the conversion of 6,797 SF of an existing parking area into retail floor area. Pursuant to the provisions set forth in the California Environmental Quality Act (CEQA), the Planning Commission will consider adopting the Initial Study and Negative Declaration for the project. The Planning Commission will also consider forwarding a recommendation to the City Council regarding the General Plan Amendment and Zone Text Amendment and will consider the Development Plan Review proposal to allow for the conversion of existing parking area located on the ground floor of an existing parking structure at 450 North Roxbury Boulevard to retail uses.

Project Applicant: 450 Roxbury Properties LLC / 450 Roxbury Properties II LLC Project Representative: Thomas Levyn, Glaser Weil; Chris Rallo, Crest Real Estate Recommendation: Staff recommends that the Planning Commission conduct a public hearing and receive testimony on the Project; adopt a resolution recommending the City Council adopt the proposed General Plan Amendment and Zone Text Amendment; adopt a resolution
conditionally approving the Development Plan Review; and adopt the Initial Study and Negative Declaration for the project. 4-1
Planning Commission Report
450 North Roxbury Drive
November 14, 2024

Page 2 of 13 ends

REPORT SUMMARY
The proposed project involves the conversion of existing parking area located on the ground floor of an existing parking structure at 450 North Roxbury Drive to retail uses. The request requires a General Plan Amendment (GPA) and Zone Text Amendment (ZTA) to amend the City’s General Plan land use map and Beverly Hills Municipal Code to allow properties within the Business Triangle to increase the maximum floor area ratio (FAR) as a result of the conversion of the ground level of an existing parking structure abutting a public street to retail business(es), subject to the approval of a Development Plan Review, and a Development Plan Review to allow the conversion of 6,797 SF of an existing parking area into retail floor area.

This report provides a description of the proposed project and provides analysis of key issues related to the findings for the requested entitlements. Specifically, this report highlights the proposed project, the requested entitlements, amendments to the City’s Municipal Code, and potential for impacts to the surrounding neighborhoods. Based on this analysis, the recommendation in this report is for project approval with conditions as specified in the draft resolutions

BACKGROUND
File Date 9/14/2023
Application Complete 5/23/2024
Subdivision Deadline Not Applicable
CEQA Recommendation Adopt Initial Study/Negative Declaration CEQA Deadline 11/19/24 (180 days from date when application deemed complete)
Permit Streamlining Not Applicable (legislative action) Applicant(s) 450 Roxbury Properties LLC / 450 Roxbury Properties II LLC Owner(s) 450 Roxbury Properties LLC / 450 Roxbury Properties II LLC Representative(s)1 Thomas Levyn, Glaser Weil
Chris Rallo, Crest Real Estate
Registered Legislative Advocates Thomas Levyn, Glaser Weil Chris Rallo, Crest Real Estate
Prior Planning Commission Action None
Prior City Council Action None

PROPERTY AND NEIGHBORHOOD SETTING
Property Information
Address(es) 450 North Roxbury Drive
1 All Project representatives listed have been confirmed as registered legislative advocates in the City’s database. 4-2
Planning Commission Report
450 North Roxbury Drive
November 14, 2024

Page 3 of 13 ends

Assessor’s ID No. 4343-024-020
Zoning District C-3 – Commercial Zone
General Plan Low Density General
Existing Land Use(s) Commercial office building and parking garage Lot Dimensions & Area 36,480 SF (240’ x 152’)
Year Built 1970
Historic Resource Based on the Historic Assessment Report provided by ARG and Peer Review provided by OAC (Appendix B of
Attachment J), not eligible for designation in the National Register, California Register, or Beverly Hills Local
Register of Historic Properties.

Protected Trees/Grove None
Adjacent Zoning and Land Uses
North C-3 Commercial – Retail building
South C-3 Commercial – Commercial office building
East
West
C-3 Commercial – Commercial office building with parking C-3 Commercial – Commercial office building
Circulation and Parking
Adjacent Street(s) North Roxbury Drive
South Santa Monica Boulevard
Adjacent Alleys 20’-wide, one-way alley (northwest bound) to the east (rear) of the property – Bram Goldsmith Way
Parkways & Sidewalks North Roxbury Drive Parkways– 12’ on each side South Santa Monica Boulevard–13’ on each side
Parking Restrictions North Roxbury Drive – White curb and yellow painted curb for loading immediately adjacent to the parking structure.

Red curb for fire department access near and adjacent to project site. 1-hr metered parking from 8:00AM to 6:00PM M-Sat; 3-hour metered parking from 6:00PM to 9:00PM MSat and 12:00PM – 6:00PM Sundays.

South Santa Monica Boulevard – Red cub for fire
department access near and adjacent to project site. 5- minute loading zone and six metered parking spaces
across the project site.

Nearest Intersection North Roxbury Drive and South Santa Monica Boulevard 4-3
Planning Commission Report
450 North Roxbury Drive
November 14, 2024

Page 4 of 13 ends

Circulation Element North Roxbury Drive – Local Street
South Santa Monica Boulevard - Arterial
Project Site and Neighborhood Character
The property at 450 North Roxbury Drive is situated in the main commercial shopping district of Beverly Hills, commonly referred to as the “Business Triangle.” The project site is developed with a legally nonconforming 10-story office building and an attached, five-story (three stories above ground; two stories subterranean) parking garage. The site currently has a total floor area of 96,850 square feet (SF) with a floor area ratio (FAR) of 2.65. The office building contains retail tenants on the ground floor, while the remaining nine floors contain offices and medical suites.

The parking garage contains 365 parking spaces across the five stories. The ground floor of the parking garage contains a total of 56 parking spaces, comprised of 34 single spaces, 14 tandem spaces, and eight Americans with Disabilities Act (ADA) spaces. The parking garage is currently open to the public and provides two points of vehicular access on North Roxbury Drive, in addition to pedestrian access, which is provided via an adjacent sidewalk along North Roxbury Drive. Both the office building and parking garage were constructed in 1970 and represent a modern interpretation of the Corporate International style. According to the Historic Assessment Report by Architectural Resources Group (Appendix B of Attachment J), which was peer reviewed by the City’s historic consultant Ostashay Associates Consulting, neither the office building nor the parking garage qualify for individual listing in the National Register of Historic Places (NRHP), the California Register of Historical Resources (CRHR), or as a Beverly Hills landmark.

The subject property is located at the southeast corner of South Santa Monica Boulevard and North Roxbury Drive. An alley (Bram Goldsmith Way) borders the property to the east and another commercial building is located directly to the south. Development in the vicinity consists of commercial uses, such as restaurants and retail stores, along with a handful of office towers situated along Santa Monica and Wilshire Boulevards.
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Fig. 1: Project Site
Source: Google Earth Pro Aerial Imagery

PROJECT DESCRIPTION
The proposed GPA and ZTA request is to amend the City’s land use map and BHMC §10-3-2745 and allow for properties within the Business Triangle an increase in the maximum floor area ratio as a result of the conversion of the ground level of an existing parking structure abutting a public street to retail business(es), up to a depth of 70 feet from the front property line, subject to the approval of a Development Plan Review pursuant to BHMC §10-3-3100. The project also includes an associated DPR request to allow the conversion of existing parking area located on the ground floor of an existing parking structure at 450 North Roxbury Drive to retail uses.

General Plan Amendment and Zone Text Amendment
Pursuant to BHMC §10-3-2745, the maximum allowable floor area for the C-3 zone is 2.0.

Additionally, as stated in BHMC §10-3-2726, the maximum height for a building in this zone is 45 feet or three stories, whichever is less. Currently, the project site contains a 10-story office building that is 155’ tall, along with an attached parking garage. The total floor area is 96,850 square feet, resulting in a floor area ratio (FAR) of 2.65. The maximum allowable FAR for the zone would otherwise be 72,960 square feet (2.0 FAR). Therefore, the project site is legally nonconforming, as to the height and the floor area, and would not be able to add any additional floor are under current development standards. The project includes a request to convert 6,797 square feet of parking into retail floor space, which would increase the FAR from 2.65 to 2.84. Because the proposed conversion of existing parking area into retail tenant spaces would not comply with the City’s existing FAR standards, the applicant has proposed to amend BHMC §10-3-2745 in order 4-5
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to allow an increase in FAR in certain situations and the City’s land use map accordingly to note the change in permissible density for certain buildings. In consultation with City staff, the applicant has proposed the following language for consideration, with the proposed amendment shown in red:

10-3-2745: DENSITY:

B. Notwithstanding subsection A, the maximum floor area ratio on a site located within the Business Triangle, as defined in Section 10-3-2703, may be increased as a result of the conversion of the ground level of an existing parking structure abutting a public street to retail business(es), as defined in Section 10-3-100, up to a depth of 70’-0” from the front property line, subject to approval of a Development Plan Review pursuant to Section 10-3-3100. The additional floor area for the conversion shall not exceed 10% of the maximum allowable floor area for the site, regardless of the existing building square footage.

Applicability of Amended Provisions: As proposed by the applicant, the GPA and ZTA would be applicable to certain buildings located within the Business Triangle. The applicant conducted a review of all properties within the Business Triangle, focusing on those that contain similar characteristics as the project site, with buildings that are over three stories tall and feature parking garages facing the public street. As a result, the applicant identified one additional property in the Business Triangle for which the proposed GPA and ZTA may apply, which is located at 462 North Linden Drive/9780 South Santa Monica Boulevard. Based on staff’s assessment of buildings and sites located in the Business Triangle, staff concurs with the finding provided by the applicant. It appears that 462 Linden Drive/9780 South Santa Monica Boulevard is the only other property that would be eligible to utilize the GPA and ZTA. The property review provided by the applicant is included as Attachment H to this report.

Parking: Pursuant to BHMC §10-3-2730, the project is required to provide one parking space per 350 square feet of commercial floor area, resulting in a total of 20 additional spaces. However, Assembly Bill (AB) 2097 prohibits cities from imposing minimum automobile parking requirements on development projects located within a half-mile radius of an existing or planned major transit stop. The project site is within ½ mile of two major transit stops, as defined by California Public Resources Code Section 21064.3. Since the site is located near the intersection of Wilshire Boulevard and Santa Monica Boulevard, where bus routes 4, 20, and 720 intersect, and is approximately 0.31 miles northwest of the future Metro D Line Wilshire/Rodeo station, the City is preempted from applying its parking standards. Therefore, no additional parking is required for the project and the City cannot require replacement parking for the parking spaces that will be lost as a result of the proposed conversion.

As proposed, the project would eliminate 29 existing parking area (including 19 single parking spaces and 10 tandem parking spaces) on the ground floor, while restriping and replacing three ADA parking spaces. This would result in a total of 336 parking spaces throughout the entire parking garage. The proposed total would ensure that the parking garage continues to provide 4-6
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sufficient parking for the public. The three relocated ADA parking spaces would be situated adjacent to the northeastern end of the proposed retail spaces, and the existing parking area on the other floors of the parking garage would remain.

In order to assess whether sufficient parking remains available in the area, Planning Division staff reached out to the Parking Services Division to assess capacity at nearby City structures (Attachment G). Table 1 shows the City-owned parking structures with their capacity and parking structure type. The short-term parking structures provide a total of 389 parking spaces for a maximum of three hours. As free parking is provided on Sundays for parking structures located on North Santa Monica Boulevard, the parking structures can accommodate more vehicles from Monday through Saturday. In addition, the parking garages provide a total of 889 parking spaces and generally maintain sufficient availability to accommodate visitors between 8:00 AM – 6:00 PM. Out of the three identified parking garages, only 461 North Bedford Drive reaches capacity a few times a day, Monday through Friday between the hours of 11:00 AM – 3:00 PM, due to parking demand for nearby medical buildings.

TABLE 1. PARKING STRUCTURES WITHIN ¼ MILE OF SUBJECT SITE Short Term Parking – “Santa Monica Five” 2-Level Parking Structures Address Capacity Type
485 N. Bedford Drive 66 3 Hour Meter Parking
485 N. Beverly Drive 71 3 Hour Meter Parking
485 N. Camden Drive 72 3 Hour Meter Parking
485 N. Rodeo Drive 68 3 Hour Meter Parking
485 N. Roxbury Drive 112 3 Hour Meter Parking
City Parking Garages
Address Capacity Type
461 N. Bedford Drive 247 Self Park – First Two Hours Free 9510 Brighton Way 257 Self Park – First Two Hours Free
440 N. Camden Drive 385 Self Park - First One Hour Free Proposed Conversion of Ground-floor Parking Spaces to Retail Tenant Spaces In compliance with the proposed GPA and ZTA, the project is proposing a conversion of 6,797 SF of an existing parking structure, resulting in a new total floor area of 103,647 SF for the project site. The project would remove 29 existing parking area, add 300 SF of planter area, and restripe the remaining ground level of parking to replace the three removed ADA parking spaces. The 6,797 SF conversion is approximately 9.3 percent of the maximum allowable floor area for the site (72,960 SF), which is less than 10 percent of the maximum allowable floor area for the site and in conformance with the proposed amendment language (Attachment E). No changes are proposed to the existing office building.

The proposed 6,797 SF of retail uses would be split into four retail spaces with floor areas ranging from 1,397 SF to 1,841 SF. The retail spaces would be accessed from North Roxbury Drive. The storefront facades would consist of louvers, cast-in-place concrete, and storefront glazing.

Signage would be installed on top of the storefronts. All exterior site improvements would be subject to the City’s architectural review process. The requested DPR that is associated with the GPA and ZTA would not become effective unless the GPA and ZTA is approved by the City Council; a draft ordinance for City Council can be found in Attachment C, Exhibit A. 4-7
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Fig. 2: Existing Ground Floor Plan
Source: Plans - HLW International LLP
Fig. 3: Proposed Ground Floor Plan Source: Plans - HLW International LLP 4-8
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Fig. 4: Proposed Rendering
Source: Plans - HLW International LLP

REQUIRED ENTITLEMENTS
As proposed, the project requires the following entitlements and amendments:
• General Plan Amendment (GPA) and Zone Text Amendment (ZTA) Request to amend the City’s General Plan land use map and BHMC §10-3-2745 and allow for properties within the Business Triangle an increase in the maximum floor area ratio as a result of the conversion of the ground level of an existing parking structure abutting a public street to retail business(es), up to a depth of 70 feet from the front property line, subject to the approval of a Development Plan Review pursuant to BHMC §10-3-3100. • Development Plan Review (DPR)
Pursuant to BHMC §10-3-3100.A., Development Plan Review is required to allow the conversion of existing parking area (6,797 SF) located on the ground floor of an existing parking structure to retail tenant spaces. The requested DPR would be contingent on City Council adopting the proposed GPA and ZTA.

GENERAL PLAN POLICIES2
The General Plan includes numerous goals and policies intended to help guide development in the city. Some of the policies relevant to the Planning Commission’s review of the project included as Attachment D.

ENVIRONMENTAL ASSESSMENT
This project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.), 2 Document available online at http://www.beverlyhills.org/business/constructionlanduse/generalplan/generalplandocument/ 4-9
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the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.), and the environmental regulations of the City. An Initial Study/Negative Declaration has been prepared to evaluate the potential environmental effects that could result from the construction and operation of the Project. The analysis concludes that the project would not result in any significant environmental impacts and that no mitigation is necessary. The Planning Commission will consider adopting the Initial Study/Negative Declaration for the Project. The Planning Commission will also consider forwarding a recommendation to the City Council regarding the General Plan Amendment and Zone Text Amendment and will consider the Development Plan Review proposal to allow for the conversion of existing parking area located on the ground floor of an existing parking structure at 450 North Roxbury Boulevard to retail uses.

PUBLIC OUTREACH AND NOTIFICATION
The notice for this project, summarized in Table 2 was provided pursuant to the requirements set forth in BHMC 10-3-2.5, et seq.

TABLE 2. PUBLIC NOTIFICATION TABLE
Notice Type Notice Date
Notice of Pending Application
• Mailed Notice (500’ radius + block face; via first class mail) Not required • Mailed Notice (100’ radius; via tracked courier) Not required • On-site Posted Notice Not required
Notice of Public Hearing
• Mailed Notice (500’ radius + block face; via first class mail) 10/25/24 • On-site Posted Notice 10/25/24
• Newspaper Notice
Beverly Hills Courier
Beverly Hills Press
10/25/24
10/31/24
Public Comment
As of the writing of this report, City staff has not received public correspondence regarding the project. However, one comment letter was provided during the public review period for the Draft IS/ND Report, which is included as Appendix H of Attachment J.

Applicant Outreach
No known outreach efforts.

ANALYSIS3
Project approval, conditional approval, or denial are based upon specific findings for the discretionary application requested by the applicant. This section is intended to provide a detailed analysis of the project to assist the Planning Commission’s deliberation of the proposed project.

The specific findings that must be made to approve the project are provided as Attachment A to this report.
3 The analysis provided in this section is based on draft findings prepared by the report author prior to the public hearing. The Planning Commission in its review of the administrative record and based on public testimony may reach a different conclusion from that presented in this report and may choose to modify the findings. A change to the findings may result in a final action that is different from the staff recommended action in this report.
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General Plan Amendment and Zone Text Amendment
Pursuant to BHMC §10-3-3908, the Planning Commission’s review of a General Plan Amendment and Zone Text Amendment application is based on the following finding:
• The public interest, health, safety, morals, peace, comfort, convenience, or general welfare requires the reclassification of the property or the reclassification of any portions of the property.

As discussed in Section 3.4 on Page 17 of the attached IS/ND Report (Attachment J), the project aligns with several policies in the Land Use and Open Space Elements of the General Plan. Specifically, the General Plan’s goals and policies outlined in the Land Use Element and the Open Space Element to maintain and enhance the character of the City’s business districts, exhibit a high level of site planning and design, promote pedestrian-active streets, accommodate diverse uses for customers that also support the needs of local residents, support and retaining high-quality businesses, and ensure an compliance with the City’s sustainability goals. Based on an applicant-prepared review of properties in the City’s Business Triangle, it appears that one additional property may qualify under the proposed GPA and ZTA. This amendment would help revitalize previously underutilized areas, allowing the project to promote and enhance pedestrian-oriented shopping zones within the City’s Business Triangle.

The amendment would facilitate the applicant’s request to allow the conversion of existing ground-floor parking areas into retail tenant spaces on the east side of the 400 block of North Roxbury Drive. This change would introduce new retail options, fostering pedestrian activity along North Roxbury Drive, where the current streetscape is interrupted by the extended frontage of the parking garage. The proposal would also diversify uses in an area predominantly occupied by ground-floor commercial offices, enhancing and activating pedestrian movement and providing added convenience for nearby residents and visitors. Additionally, the project site is conveniently located near the intersection of Wilshire Boulevard and Santa Monica Boulevard, with easy access to public transit. As proposed, the project would remove 29 existing parking spaces, resulting in a total of 336 spaces within the garage. This revised total would continue to accommodate public parking needs, supplemented by other city-operated parking facilities within walking distance. Therefore, the proposed amendment would not adversely affect public interest, health, safety, morals, peace, comfort, convenience, or general welfare.

Development Plan Review
Should the Planning Commission recommend approval of the requested GPA and ZTA to the City Council, the Planning Commission must also make findings for the requested Development Plan Review. Pursuant to BHMC §10-3-3104, the Planning Commission’s review of a Development Plan Review application is based on the following findings:
• The proposed plan is consistent with the general plan and any specific plans adopted for the area.
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As discussed in Section 3.4 on Page 17 of the attached IS/ND Report (Attachment J), the proposed project is consistent with various goals and policies of the City’s General Plan, specifically the applicable provisions of the Land Use Element and Open Space Element. The proposed project would convert a portion of an existing parking garage and would promote and enhance the pedestrian-oriented shopping areas within the City’s business triangle. A summary of applicable General Plan goals and policies for the Commission to consider are provided in Attachment D. Furthermore, the proposed project is not located within any specific plans adopted for the area. • The proposed plan will not adversely affect existing and anticipated development in the vicinity and will promote harmonious development of the area.

Located within the City’s Business Triangle, the project site is surrounded by other commercial properties, many of which feature retail uses at their frontages. The project proposes to create 6,797 square-feet (SF) of retail tenant spaces by converting parking spaces within an existing parking structure and updating the facade as viewed from North Roxbury Drive. As proposed, the project would create four retail tenant spaces, with floor areas ranging from 1,397 SF to 1,841 SF.

The addition of these four retail spaces to the ground floor of the existing parking garage is not anticipated to adversely affect existing and anticipated development in the vicinity, as the proposed project and construction will be located within the building footprint of an existing parking garage. It would not negatively impact the development of adjacent commercially zoned properties because it is consistent with the surrounding development. These proposed retail uses would enhance the character of North Roxbury Drive, supporting and promoting commercial activities and the pedestrian-oriented nature of the street. Furthermore, the design aims to encourage increased pedestrian activity in the area and will promote harmonious development of the area.
• The nature, configuration, location, density, height and manner of operation of any commercial development proposed by the plan will not significantly and adversely interfere with the use and enjoyment of residential properties in the vicinity of the subject property.

The project is located within the City’s Business Triangle and is surrounded by other commercial properties. The nearest residential neighborhoods are located north of Santa Monica Boulevard and south of Wilshire Boulevard, 300’ and 700’ away, respectively. The proposed four street facing retail tenant spaces are proposed within an existing parking garage and would not significantly and adversely interfere with the use and enjoyment of residential properties in the vicinity of the subject property. • The proposed plan will not create any significantly adverse traffic impacts, traffic safety hazards, pedestrian-vehicle conflicts, or pedestrian safety hazards.

Vehicular access to the parking garage will remain unchanged as a result of the proposal. New pedestrian access will be created for the new proposed retail spaces from North Roxbury Drive. Although the existing parking layout will be modified by 4-12
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removing 29 spaces, the resulting 336 parking spaces will remain on site to serve the existing office building and future retail tenants and visitors. According to BHMC §10- 3-2730, the project is required to provide one parking space for every 350 square feet of commercial floor area, resulting in a total of 20 additional spaces. However, due to its proximity to two major transit stops, as defined by State law, the project is eligible for AB 2097 and the City is preempted from applying its parking standards. Therefore, no additional parking is required for the project and the City cannot require replacement parking for the parking spaces that will be lost as a result of the proposed conversion.

In addition, it is expected that the parking demand for the proposed retail uses would be adequately met through the existing parking area in the garage and nearby public parking structures. The project site is located in a Transit Priority Area (TPA), as it is located within 0.5-mile of the future Metro Line D Wilshire/Rodeo Station. As discussed in Section 4.17 on Page 102 of the attached IS/ND Report (Attachment J), the project satisfies the City’s criterion for TPA screening and is presumed to have a less than significant Vehicle Miles Traveled (VMT) impact. In addition, based on the City’s adopted Vehicle Miles Traveled (VMT) thresholds and local transportation assessment requirements, the Project was screened out from providing detailed traffic and VMT analyses as it is a commercial project consisting of less than 50,000 square feet and thus considered locally serving retail in addition to its location in a TPA. With new floor area of less than 12,000 SF (6,797 SF proposed), it is presumed to generate less than 50 peak hour trips, resulting in a negligible amount of added trips per the City’s local transportation assessment requirements. Therefore, it is not anticipated that the project will lead to significantly adverse traffic impacts, traffic safety hazards, pedestrian-vehicle conflicts, or pedestrian safety hazards. • The proposed plan will not be detrimental to the public health, safety or general welfare.

Based on the preceding analysis, specifically the proposed project’s design features and the nature of the existing surrounding development, the proposed project is not anticipated to have any detrimental effects on public health, safety, or general welfare.

NEXT STEPS
It is recommended that the Planning Commission conduct a public hearing and receive testimony on the Project, adopt a resolution recommending the City Council adopt the proposed General Plan Amendment and Zone Text Amendment; adopt a resolution conditionally approving the Development Plan Review, and adopt the Initial Study/Negative Declaration for the project.

Report Reviewed By:

Masa Alkire, AICP
Assistant Director/City Planner
Community Development Department
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ATTACHMENT 4
Planning Commission
Resolution No. 2074
1 RESOLUTION NO. 2074

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF BEVERLY HILLS CONDITIONALLY APPROVING A

DEVELOPMENT PLAN REVIEW REQUEST TO CONVERT

EXISTING GROUND FLOOR PARKING SPACES WITHIN AN

EXISITING PARKING GARAGE INTO RETAIL USES ON THE
PROPERTY LOCATED AT 450 NORTH ROXBURY DRIVE
(PL2300383)
The Planning Commission of the City of Beverly Hills hereby finds, resolves, and determines as follows:

Section 1. Thomas S. Levyn of Glaser Weil, on behalf of 450 Roxbury Properties LLC and 450 Roxbury Properties II LLC (collectively the “Applicant”), has submitted an application for a Development Plan Review to allow the conversion of existing ground floor parking spaces within an existing parking garage into retail uses on the property located at 450 North Roxbury Drive (the “Project). Pursuant to §10-3-3100.A of the Beverly Hills Municipal Code (BHMC), all uses involving new construction that require the issuance of a building permit other than new construction subject to a discretionary permit (excluding Architectural Review) or any other interim zoning ordinance of the City are subject to a Development Plan Review.

Therefore, the Project requires entitlements that may be granted by the Planning Commission.

Section 2. The property at 450 North Roxbury Drive is situated in the main commercial shopping district of Beverly Hills, commonly referred to as the “Business Triangle.” The Project site is developed with a legally nonconforming 10-story office building that is 155 feet tall, along with an attached parking garage for a total floor area of 96,850 square feet with a floor area ratio (FAR) of 2.65. According to the Historic Assessment Report by Architectural Resources Group, which was peer reviewed by the City’s historic consultant Ostashay Associates Consulting, neither the office building nor the parking garage qualify for individual listing in the National Docusign Envelope ID: 606A4CE1-919A-42FE-9140-2F4D0D89F2A4 2 Register of Historic Places (NRHP), the California Register of Historical Resources (CRHR), or as a Beverly Hills landmark.

The Project involves the conversion of 6,797 SF of an existing parking structure, resulting in a new total floor area of 103,647 SF for the Project site. No changes are proposed to the existing office building. The Project will remove 29 existing parking spaces for the conversion, add 300 SF of planter area, and restripe the remaining ground level of parking to replace the three removed ADA parking spaces. The retail spaces will be accessed from North Roxbury Drive. All exterior site improvements will be subject to the City’s architectural review process.

Section 3. The Project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.), and the environmental regulations of the City. An Initial Study/ Negative Declaration has been prepared to evaluate the potential environmental effects that could result from the construction and operation of the Project. The analysis concludes that the Project will not result in any significant environmental impacts and that no mitigation is necessary. The Planning Commission hereby adopts the Initial Study/Negative Declaration for the Project. A condition is included in this resolution noting that approval of the Development Plan Review is contingent on City Council approval of the proposed General Plan Amendment and Zone Text Amendment.

Section 4. Notice of the Project and public hearing was mailed on October 25, 2024 to all property owners and residential occupants within a 500-foot radius (plus block face) of the property; on-site notices were posted on the Project site on October 25, 2024; and a notice was published in two newspapers of local circulation, the Beverly Hills Courier on October 25, 2024 and the Beverly Hills Press on October 31, 2024. On November 14, 2024, the Planning Docusign Envelope ID: 606A4CE1-919A-42FE-9140-2F4D0D89F2A4 3 Commission considered the application at a duly noticed public hearing. Evidence, both written and oral, was presented at the meeting.

Section 5. In reviewing the request for a Development Plan Review for new construction, the Planning Commission considered whether it could make the following findings in support of the Project:

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

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

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

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

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

Section 6. Based on the foregoing, the Planning Commission hereby finds and determines as follows with respect to the request for a Development Plan Review:

Docusign Envelope ID: 606A4CE1-919A-42FE-9140-2F4D0D89F2A4 4 1. As discussed in Section 3.4 on Page 17 of the IS/ND Report for the Project, the Project is consistent with various goals and policies of the City’s General Plan, specifically, the goals and policies outlined in the Land Use Element and the Open Space Element to maintain and enhance the character of the City’s business districts, exhibit a high level of site planning and design, promote pedestrian-active streets, accommodate diverse uses for customers that also support the needs of local residents, support and retain high-quality businesses, and ensure an compliance with the City’s sustainability goals. The Project will convert a portion of an existing parking garage and will promote and enhance the pedestrian-oriented shopping areas within the City’s Business Triangle. Furthermore, the Project is not located within any specific plans adopted for the area.

2. The Project will not adversely affect existing and anticipated development in the vicinity and will promote harmonious development of the area. Located within the City’s Business Triangle, the Project site is surrounded by other commercial properties, many of which feature retail uses at their frontages. The Project proposes to create 6,797 square-feet (SF) of retail tenant spaces by converting parking spaces within an existing parking structure and updating the facade as viewed from North Roxbury Drive. As proposed, the Project will create four retail tenant spaces, with floor areas ranging from 1,397 SF to 1,841 SF. The addition of these four retail spaces to the ground floor of the existing parking garage is not anticipated to adversely affect existing and anticipated development in the vicinity, as the Project and construction will be located within the building footprint of an existing parking garage. It will not negatively impact the development of adjacent commercially zoned properties because it is consistent with the surrounding development.

Docusign Envelope ID: 606A4CE1-919A-42FE-9140-2F4D0D89F2A4 5 These proposed retail uses will enhance the character of North Roxbury Drive, supporting and promoting commercial activities and the pedestrian-oriented nature of the street.

3. The Project is located within the City’s Business Triangle and is surrounded by other commercial properties. The nearest residential neighborhoods are located north of Santa Monica Boulevard and south of Wilshire Boulevard, 300’ and 700’ away, respectively. The proposed four street facing retail tenant spaces are proposed within an existing parking garage and will not significantly and adversely interfere with the use and enjoyment of residential properties in the vicinity of the subject property.

4. Vehicular access to the parking garage will remain unchanged as a result of the proposal. New pedestrian access will be created for the new proposed retail spaces from North Roxbury Drive. Although the existing parking layout will be modified by removing 29 spaces, the resulting 336 parking spaces will remain on site to serve the existing office building and future retail tenants and visitors. According to BHMC §10-3-2730, the Project is required to provide one parking space for every 350 square feet of commercial floor area, resulting in a total of 20 additional spaces. However, due to its proximity to two major transit stops, as defined by State law, the Project is subject to AB 2097 and the City is preempted from applying its parking standards. Therefore, no additional parking is required for the Project and the City cannot require replacement parking for the parking spaces that will be lost as a result of the proposed conversion. In addition, it is expected that the parking demand for the proposed retail uses will be adequately met through the existing parking area in the garage and nearby public parking structures. The Project site is located in a Transit Priority Area (TPA), as it is located within 0.5-mile of the future Metro Line D Wilshire/Rodeo Station. The Project satisfies the City’s criterion for TPA screening and is Docusign Envelope ID: 606A4CE1-919A-42FE-9140-2F4D0D89F2A4 6 presumed to have a less than significant Vehicle Miles Traveled (VMT) impact. In addition, based on the City’s adopted Vehicle Miles Traveled (VMT) thresholds and local transportation assessment requirements, the Project was screened out from providing detailed traffic and VMT analyses as it is a commercial Project consisting of less than 50,000 square feet and thus considered locally serving retail in addition to its location in a TPA.

With new floor area of less than 12,000 SF (6,797 SF proposed), it is presumed to generate less than 50 peak hour trips, resulting in a negligible amount of added trips per the City’s local transportation assessment requirements. Therefore, it is not anticipated that the Project will lead to significantly adverse traffic impacts, traffic safety hazards, pedestrianvehicle conflicts, or pedestrian safety hazards.

5. Based on the preceding analysis, specifically the Project’s design features and the nature of the existing surrounding development, the Project is not anticipated to have any detrimental effects on public health, safety, or general welfare.

Section 7. Based on the foregoing, the Planning Commission hereby approves the requested Development Plan Review, subject to the following conditions:

Project Specific Conditions

1. This approval is for those plans submitted to the Planning Commission on November 14, 2024, a copy of which shall be maintained in the files of the Community Development Department. The Project shall be consistent with such plans, except as otherwise specified in these conditions of approval.

2. Minor amendments to the approved Project shall be subject to approval by the Director of Community Development or her/his designee. A significant change to the Docusign Envelope ID: 606A4CE1-919A-42FE-9140-2F4D0D89F2A4 7 approved Project, as determined by the Director, shall be subject to Planning Commission Review.

3. Project plans are subject to compliance with all low impact development regulations, and applicable zoning regulations except as may be expressly modified herein.

Project plans shall be subject to a complete Code Compliance review when building plans are submitted for plan check. Compliance with all applicable Municipal Code provisions is required prior to the issuance of a building permit.

4. The Planning Commission reserves jurisdiction relative to traffic, parking, loading, and noise issues and the right to impose additional conditions as necessary to mitigate any other unanticipated impacts caused by the Project as they arise. In the event that the Project is found to result in any unanticipated impacts and a hearing is scheduled to review the Project, the full cost of the review hearing and implementation of any additional conditions or mitigation measures shall be paid for by the Property Owner.

5. The tenant spaces created as a result of the conversion will strictly be limited to retail uses only.

6. This resolution shall not become effective unless and until the proposed associated General Plan Amendment and Zone Text Amendment has been duly adopted by the City Council and has taken effect.

7. The Project shall be subject to review and approval by the Architectural Commission of the City.

Standard Conditions

8. APPEAL. Decisions of the Planning Commission may be appealed to the City Council within fourteen (14) days of the Planning Commission action by filing a Docusign Envelope ID: 606A4CE1-919A-42FE-9140-2F4D0D89F2A4 8 written appeal with the City Clerk. Appeal forms are available in the City Clerk’s office and an appeal fee is required. Decisions involving subdivision maps must be appealed within ten (10) days of the Planning Commission action. An appeal fee is required.

9. RECORDATION. This resolution shall not become effective until the owner of the Project site records a covenant, satisfactory in form and content to the City Attorney, accepting the conditions of approval set forth in this resolution. The covenant shall include a copy of this resolution as an exhibit. The Applicant shall deliver the executed covenant to the Department of Community Development within 180 days of the Planning Commission decision. At the time that the Applicant delivers the covenant to the City, the Applicant shall also provide the City with all fees necessary to record the document with the County Recorder. If the Applicant fails to deliver the executed covenant within the required 180 days, this resolution approving the Project 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 would affect the Project. Regardless of the timelines set forth in this condition, in no event shall a building permit be issued prior to the recordation of the covenant.

10. EXPIRATION. The exercise of rights granted in this resolution shall be commenced within three (3) years of adoption of such resolution unless otherwise extended in accordance with the provisions of Section 10-3-207 of the Beverly Hills Municipal Code.

Docusign Envelope ID: 606A4CE1-919A-42FE-9140-2F4D0D89F2A4 9 11. VIOLATION OF CONDITIONS: A violation of any of these conditions of approval may result in enforcement action by the City until such violation is abated or the entitlement granted herein is revoked pursuant to BHMC § 10-3-258 or its successor regulation. All costs incurred by the City as a result of abatement of a violation on the property shall be reimbursed by the party in breach of this resolution.

12. APPROVAL RUNS WITH LAND: These conditions shall run with the land and shall remain in full force for the duration of the life of the Project. ///
///
///
///
Docusign Envelope ID: 606A4CE1-919A-42FE-9140-2F4D0D89F2A4 10 Section 8. 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: November 14, 2024
Theresa M. Kaplan
Chair of the Planning Commission of the
City of Beverly Hills
Attest:

Masa Alkire, AICP
Secretary of the Planning Commission
Approved as to form: Approved as to content:

David M. Snow Masa Alkire, AICP
Assistant City Attorney Assistant Director/City Planner Community Development Department
Docusign Envelope ID: 606A4CE1-919A-42FE-9140-2F4D0D89F2A4

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. 2074 duly passed, approved and adopted by the Planning Commission of said City at a meeting of said Commission on November 14, 2024, and thereafter duly signed by the Secretary of the Planning Commission, as indicated; and that the Planning Commission of the City consists of five (5) members and said Resolution was passed by the following vote of said Commission, to wit:

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

KAREN MYRON
Recording Secretary of the
Planning Commission
City of Beverly Hills, California
Docusign Envelope ID: 606A4CE1-919A-42FE-9140-2F4D0D89F2A4 Certificate Of Completion
Envelope Id: 606A4CE1-919A-42FE-9140-2F4D0D89F2A4 Status: Completed Subject: Complete with Docusign: PC Reso 2074 - 450 N Roxbury DPR.pdf Source Envelope:

Document Pages: 11 Signatures: 5 Envelope Originator:

Certificate Pages: 2 Initials: 0 Karen Myron
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.166
Record Tracking
Status: Original
11/21/2024 4:49:28 PM
Holder: Karen Myron
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Theresa M. Kaplan
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 75.85.175.170
Signed using mobile
Sent: 11/21/2024 4:52:34 PM
Resent: 12/2/2024 3:50:34 PM
Resent: 12/10/2024 10:17:51 AM
Viewed: 12/11/2024 4:45:57 PM
Signed: 12/11/2024 4:46:34 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
David M. Snow
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 72.219.162.164
Sent: 12/11/2024 4:46:35 PM
Viewed: 12/13/2024 7:35:58 AM
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Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Masa Alkire
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.166
Sent: 12/13/2024 7:36:15 AM
Viewed: 12/13/2024 12:38:59 PM
Signed: 12/13/2024 12:39:13 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Karen Myron
[email protected]

COMM DEV COMMISSION SPECIALIST,

CD-PLANNING
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.166
Sent: 12/13/2024 12:39:15 PM
Viewed: 12/19/2024 5:59:02 PM
Signed: 12/19/2024 6:00:47 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 11/21/2024 4:52:34 PM
Certified Delivered Security Checked 12/19/2024 5:59:02 PM Signing Complete Security Checked 12/19/2024 6:00:47 PM Completed Security Checked 12/19/2024 6:00:47 PM
Payment Events Status Timestamps
ATTACHMENT 5
Planning Commission
Resolution No. 2075
RESOLUTION NO. 2075

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF BEVERLY HILLS RECOMMENDING ADOPTION OF

AN ORDINANCE OF THE CITY OF BEVERLY HILLS
AMENDING BEVERLY HILLS MUNICIPAL CODE §10-3-2745

TO MODIFY MAXIMUM ALLOWABLE FLOOR AREA RATIO
(FAR) LIMITATION FOR CERTAIN BUILDINGS LOCATED
IN C-3 COMMERCIAL ZONES AND MODIFYING THE CITY’S

GENERAL PLAN LAND USE MAP
WHEREAS, the Planning Commission has considered the proposed Amendment to the City of Beverly Hills Municipal Code, as set forth and attached hereto as Exhibit A, and the City’s General Plan Land Use Map, as set forth and attached hereto as Exhibit B (the “Amendments”); and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on November 14, 2024, at which times it received oral and documentary evidence relative to the proposed Amendments; and
WHEREAS, the Planning Commission finds that the proposed Amendments are required because of the benefit to the public interest, health, safety, morals, peace, comfort, convenience, or general welfare, and that such Amendments are consistent with the general objectives, principles, and standards of the General Plan.

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

Docusign Envelope ID: C317A15F-2635-487D-9AA3-044A1316D8D6 2 Section 1. The Amendments were assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.), and the environmental regulations of the City. An Initial Study/ Negative Declaration has been prepared to evaluate the potential environmental effects that could result from the construction and operation of the Project. The analysis concludes that the Project would not result in any significant environmental impacts and that no mitigation is necessary. The Planning Commission will consider adopting the Initial Study/Negative Declaration for the Project. The Planning Commission will also consider forwarding a recommendation to the City Council regarding the General Plan Amendment and Zone Text Amendment and will consider the Development Plan Review proposal to allow for the conversion of existing parking spaces located on the ground floor of an existing parking structure at 450 North Roxbury Drive to retail uses.

Section 2. The Planning Commission does hereby find that the proposed Amendments further the goals and policies set forth in the General Plan for commercial uses located throughout the City. Specifically, the General Plan’s goals and policies outlined in the Land Use Element and the Open Space Element to maintain and enhance the character of the City’s business districts, exhibit a high level of site planning and design, promote pedestrian-active streets, accommodate diverse uses for customers that also support the needs of local residents, support and retaining high-quality businesses, and ensure an compliance with the City’s sustainability goals. The Amendments will revitalize underutilized, built-out areas and support the development of pedestrian-oriented shopping spaces within the City’s Business Triangle. It will enable the conversion of ground-floor parking spaces within an existing garage on the east side of Docusign Envelope ID: C317A15F-2635-487D-9AA3-044A1316D8D6 3 the 400 block of North Roxbury Drive into retail tenant spaces, introducing new retail uses that attract pedestrian activity to this section of North Roxbury Drive. By adding new retail options and services, the Amendments will enhance and activate pedestrian engagement, providing increased convenience and comfort for nearby residents and visitors. The Amendments will ensure that any proposed conversion of ground floor parking spaces into retail use does not create adverse impacts for surrounding properties and uses and will not conflict with the general welfare of the city. The approval of the proposed Amendments will help stoke greater economic activity in many of the city’s commercial areas and promote pedestrian activity. For these reasons, the public interest, health,safety, morals, peace, comfort, convenience, and general welfare of the community requires adoption of the Amendments.

Section 3. The Planning Commission does hereby recommend to the City Council the adoption of an ordinance approving and enacting the proposed Amendments substantially as set forth in Exhibits A and B, which are attached hereto and incorporated herein by reference.
///
///
Docusign Envelope ID: C317A15F-2635-487D-9AA3-044A1316D8D6 4 Section 4. The Secretary of the Planning Commission shall certify to the passage, approval, and adoption of this resolution, and shall cause this resolution and his Certification to be entered in the Book of Resolutions of the Planning Commission of the City.

Adopted: November 14, 2024
Theresa M. Kaplan
Chair of the Planning Commission of the
City of Beverly Hills
Attest:

Masa Alkire, AICP
Secretary of the Planning Commission
Approved as to form: Approved as to content:

David M. Snow Masa Alkire, AICP
Assistant City Attorney Assistant Director/City Planner Community Development Department
Exhibit A: Draft Ordinance
Exhibit B: General Plan Land Use Map
Docusign Envelope ID: C317A15F-2635-487D-9AA3-044A1316D8D6

EXHIBIT A
Draft Ordinance
Docusign Envelope ID: C317A15F-2635-487D-9AA3-044A1316D8D6 [DRAFT] ORDINANCE NO. 24-O_______

AN ORDINANCE OF THE CITY OF BEVERLY HILLS
AMENDING BEVERLY HILLS MUNICIPAL CODE §10-3-2745

TO MODIFY MAXIMUM ALLOWABLE FLOOR AREA RATIO
(FAR) LIMITATION FOR CERTAIN BUILDINGS LOCATED
IN C-3 COMMERCIAL ZONES AND MODIFYING THE CITY’S
GENERAL PLAN LAND USE MAP.

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

Section 2. This Ordinance and the Amendments, in conjunction with the proposed project located at 450 North Roxbury Drive (collectively the “Project”) were 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. The Project includes the conversion of 6,797 square-feet (SF) of existing parking spaces located on the ground Docusign Envelope ID: C317A15F-2635-487D-9AA3-044A1316D8D6 floor of an existing parking structure at 450 North Roxbury Drive to retail uses. The Project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.), and the environmental regulations of the City. An Initial Study/Negative Declaration has been prepared to evaluate the potential environmental effects that could result from the construction and operation of the Project. The City Council hereby adopts the Initial Study/Negative Declaration and concludes that the Project would not result in any significant environmental impacts and that no mitigation is necessary.

Section 4. The City Council hereby amends §10-3-2745 of Article 27 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code to read as follows:

A. Except as may be expressly provided in this chapter, the maximum floor area ratio on any site area shall not exceed 2.0. For the purposes of this section, "site area" shall Docusign Envelope ID: C317A15F-2635-487D-9AA3-044A1316D8D6 include only those portions of the site which are in a nonresidential zone, including the C-5 zone.

B. Notwithstanding subsection A, the maximum floor area ratio on a site located within the Business Triangle, as defined in Section 10-3-2703, may be increased as a result of the conversion of the ground level of an existing parking structure abutting a public street to retail business(es), as defined in Section 10-3-100, up to a depth of 70’-0” from the front property line, subject to approval of a Development Plan Review pursuant to Section 10-3-3100. The additional floor area for the conversion shall not exceed 10% of the maximum allowable floor area for the site, regardless of the existing building square footage.

Section 6. Publication. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage in accordance with Section 36933 of the Government Code, shall certify to the adoption of this Ordinance, and shall cause this Ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City. //
//
Docusign Envelope ID: C317A15F-2635-487D-9AA3-044A1316D8D6 Section 7. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.

Adopted:

Effective:

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

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

LAURENCE S. WIENER
City Attorney

NANCY HUNT-COFFEY
City Manager

MICHAEL FORBES, AICP
Director of Community Development
Docusign Envelope ID: C317A15F-2635-487D-9AA3-044A1316D8D6

EXHIBIT B
General Plan Land Use Map
Docusign Envelope ID: C317A15F-2635-487D-9AA3-044A1316D8D6

BEVERLY BLVD WILSHIRE BLVD WILSHIRE BLVD WILSHIRE BLVD

ANGELO DR
UN

GREGORY WAY GREGORY WAY OLYMPIC BLVD OLYMPIC BLVD OLYMPIC BLVD L
L R

CHARLEVILLE BLVD CHARLEVILLE BLVD

BURTON WAY
Y
SP
SP
SP
SP
General Plan Land Use Designations - City of Beverly Hills Legend Single family residential Low density Medium density High density Multi-family residential Very low density Low density Low medium density Medium density High density Commercial Low density general Low density general or medium density retail Low density general or medium
density retail Medium density commercial Low density general and municipal Mixed use Mixed use #2 Mixed use #3 M-PD-5 overlay zone Specific plan - hotel uses Specific plan - Beverly Hills Gardens Specific plan - 9900 Wilshire Specific plan - Beverly Hilton Overlay specific plan - One Beverly Hills Mixed use overlay Parks and quasi-public uses Parks Public buildings Public schools Railroad Maximum
density
(DU/Acre) Maximum
height
(feet) 1
4 6
22 40
40 45
50 33 - 45
30 40
60 60

2.0 (FAR)

5.0 (FAR)

3.6 (FAR) 1.5 - 2.0
(FAR)

4.0 (FAR)

2.0 (FAR) 45
85 100
92 45
60 61
This map is for informational purposes. The City of
Beverly Hills makes no representations or warranties
of any kind with respect to the accuracy of the
information or data furnished herein. Map produced by: City of Beverly Hills - IT - GIS 455 N. Rexford Dr. Beverly Hills, CA 90210
January 25, 2022
SP
SP
SP
SP
550
*refer to mixed- use overlay
zone map
E 0 960 1,920Feet 1:19,500

2.5 (FAR) 47 SP
SP
Docusign Envelope ID: C317A15F-2635-487D-9AA3-044A1316D8D6

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. 2075 duly passed, approved and adopted by the Planning Commission of said City at a meeting of said Commission on November 14, 2024, and thereafter duly signed by the Secretary of the Planning Commission, as indicated; and that the Planning Commission of the City consists of five (5) members and said Resolution was passed by the following vote of said Commission, to wit:

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

KAREN MYRON
Recording Secretary of the
Planning Commission
City of Beverly Hills, California
Docusign Envelope ID: C317A15F-2635-487D-9AA3-044A1316D8D6 Certificate Of Completion
Envelope Id: C317A15F-2635-487D-9AA3-044A1316D8D6 Status: Completed Subject: Complete with Docusign: PC Reso 2075 - GPA.ZTA.modify.max.FAR.pdf Source Envelope:

Document Pages: 12 Signatures: 5 Envelope Originator:

Certificate Pages: 2 Initials: 0 Karen Myron
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.166
Record Tracking
Status: Original
11/21/2024 4:57:56 PM
Holder: Karen Myron
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Theresa M. Kaplan
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 75.85.175.170
Signed using mobile
Sent: 11/21/2024 5:01:51 PM
Resent: 12/2/2024 3:50:26 PM
Resent: 12/10/2024 10:17:56 AM
Viewed: 12/11/2024 4:46:50 PM
Signed: 12/11/2024 4:47:07 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
David M. Snow
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 72.219.162.164
Sent: 12/11/2024 4:47:10 PM
Viewed: 12/13/2024 7:36:51 AM
Signed: 12/13/2024 7:37:08 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Masa Alkire
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.166
Sent: 12/13/2024 7:37:10 AM
Viewed: 12/13/2024 12:32:56 PM
Signed: 12/13/2024 12:33:13 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Karen Myron
[email protected]

COMM DEV COMMISSION SPECIALIST,

CD-PLANNING
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.166
Sent: 12/13/2024 12:33:16 PM
Viewed: 12/19/2024 6:00:58 PM
Signed: 12/19/2024 6:05:41 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 11/21/2024 5:01:51 PM
Certified Delivered Security Checked 12/19/2024 6:00:58 PM Signing Complete Security Checked 12/19/2024 6:05:41 PM Completed Security Checked 12/19/2024 6:05:41 PM
Payment Events Status Timestamps
ATTACHMENT 6
Redlined Zone Text Amendment
Language
450 North Roxbury Drive Proposed ZTA Language
10-3-2745: DENSITY:

B. Notwithstanding subsection A, the maximum floor area ratio on a site located within the Business Triangle, as defined in Section 10-3-2703, may be increased as a result of the conversion of the ground level of an existing parking structure abutting a public street to retail business(es), as defined in Section 10-3-100, up to a depth of 70’-0” from the front property line, subject to approval of a Development Plan Review pursuant to Section 10-3-3100. The additional floor area for the conversion shall not exceed 10% of the maximum allowable floor area for the site, regardless of the existing building square footage.

ATTACHMENT 7
Draft General Plan Land Use Map

BEVERLY BLVD

WILSHIRE BLVD WILSHIRE BLVD WILSHIRE BLVD

ANGELO DR
N

GREGORY WAY

OLYMPIC BLVD OLYMPIC BLVD

OLYMPIC BLVD
L
L
R

CHARLEVILLE BLVD CHARLEVILLE BLVD

2.0 (FAR)

5.0 (FAR)

3.6 (FAR)

1.5 - 2.0
(FAR)

4.0 (FAR)

Map produced by: City of Beverly Hills - IT - GIS
455 N. Rexford Dr. Beverly Hills, CA 90210
January 25, 2022
SP
SP
SP
SP
550
*refer to mixed- use overlay
zone map
E
0 960 1,920Feet
1:19,500

2.5 (FAR) 47
SP
SP
ATTACHMENT 8
Applicant-provided
Survey of Properties
Survey of the Effected Properties
This report has been prepared based on the comment received from the Planning Division regarding identifying the properties within the Business Triangle that will be subject to the proposed text amendment. The proposed text amendment is requesting to allow additional floor area for the existing legally non-conforming buildings by converting the existing excess parking spaces in the attached parking structure facing the public street to retail uses. Crest conducted a survey of all properties within the business triangle. The goal was to identify the properties that are more than three stories in height with the floor area above 2.0 and containing parking garages facing the public street.

Based on the survey two properties were identified to be affected by the proposed text amendment, including:
• 450 N. Roxbury Drive
• 462 N. Linden Drive/9780 Santa Monica Blvd.

Below is the map of the properties within the City’s “Business Triangle” identifying the properties that are affected by the proposed text amendment (ZTA):

Below is the street view of the properties that are potentially subject to the proposed text amendment:

1. 450 N. Roxbury Drive

2. 462 N. Linden Drive/9780 Santa Monica Blvd:

ATTACHMENT 9
Initial Study/
Negative Declaration
Final Initial Study/Negative Declaration
450 North Roxbury Drive Project
October 2024
Lead Agency:

City of Beverly Hills
455 N Rexford Drive
Beverly Hills, CA 90210
Minjee Hahm, AICP, Associate Planner
310.285.1136
Consultant:

Kimley-Horn and Associates, Inc.
660 South Figueroa Street, Suite 2050
Los Angeles, California 90017
Jessie Fan, ENV SP, Project Manager
213.261.4040
G
Kimley>»Horn
(BEVERLY)
HILLSA
This page intentionally left blank.
450 North Roxbury Drive Project
City of Beverly Hills Final Initial Study/Negative Declaration Page i October 2024
Table of Contents

1.0 INTRODUCTION .........................................................................................................1

1.1 Statutory Authority and Requirements .................................................................................1

1.2 Summary of Findings ............................................................................................................1

1.3 Initial Study Public Review Process .......................................................................................1

1.4 Incorporation by Reference ..................................................................................................2

1.5 Report Organization .............................................................................................................3

2.0 PROJECT DESCRIPTION...............................................................................................5

2.1 Location................................................................................................................................5

2.2 Environmental Setting ..........................................................................................................5

2.3 Project Characteristics..........................................................................................................9

2.4 Project Construction ........................................................................................................... 13

2.5 Agreements, Permits, and Approvals.................................................................................. 14

3.0 LEAD AGENCY DETERMINATION ..............................................................................15

4.0 EVALUATION OF ENVIRONMENTAL IMPACTS...........................................................16

4.1 Aesthetics........................................................................................................................... 17

4.2 Agricultural and Forestry Resources.................................................................................... 21

4.3 Air Quality .......................................................................................................................... 23

4.4 Biological Resources........................................................................................................... 32

4.5 Cultural Resources.............................................................................................................. 36

4.6 Energy ................................................................................................................................ 41

4.7 Geology and Soils ............................................................................................................... 46

4.8 Greenhouse Gas Emissions................................................................................................. 53

4.9 Hazards and Hazardous Materials....................................................................................... 68

4.10 Hydrology and Water Quality.............................................................................................. 74

4.11 Land Use and Planning........................................................................................................ 81

4.12 Mineral Resources.............................................................................................................. 83

4.13 Noise.................................................................................................................................. 85

4.14 Population and Housing...................................................................................................... 94

4.15 Public Services.................................................................................................................... 96

4.16 Recreation.......................................................................................................................... 99

4.17 Transportation.................................................................................................................. 100

4.18 Tribal Cultural Resources.................................................................................................. 104 Kimley»)Horn
450 North Roxbury Drive Project
City of Beverly Hills Final Initial Study/Negative Declaration Page ii October 2024

4.19 Utilities and Service Systems............................................................................................. 107

4.20 Wildfire ............................................................................................................................ 116

4.21 Mandatory Findings of Significance................................................................................... 119 Appendices
Appendix A: Air Quality Analysis
Appendix B: Historic Resources Assessment and Peer Review Appendix C: Archaeological Resources Assessment
Appendix D: Energy Calculations
Appendix E: Greenhouse Gas Emissions Assessment
Appendix F: Noise and Vibration Analysis
Appendix G: Assembly Bill 52 and Senate Bill 18 Communications Appendix H: Responses to Comments on the Draft Initial Study/Negative Declaration List of Figures
Figure 2-1: Regional Vicinity Map................................................................................................6 Figure 2-2: Local Vicinity Map .....................................................................................................7 Figure 2-3: Conceptual Site Plan................................................................................................10 Figure 2-4: Project Rendering Fronting North Roxbury Drive .....................................................11 Figure 4.13-1: Noise Measurement Location .............................................................................86 Kimley»)Horn
450 North Roxbury Drive Project
City of Beverly Hills Final Initial Study/Negative Declaration Page iii October 2024
List of Tables
Table 2.2-1: On-site and Surrounding Land Uses .........................................................................8 Table 2.3-1: Ground Floor Project Parking .................................................................................12 Table 4.3-1: Project Construction Emissions..............................................................................26 Table 4.3-2: Project Operational Emissions ...............................................................................27 Table 4.3-3: Localized Significance of Emissions ........................................................................29 Table 4.4-1: Species in the Vicinity of the Project Site ...............................................................33 Table 4.8-1: Construction-Related Greenhouse Gas Emissions..................................................55 Table 4.8-2: Operational Greenhouse Gas Emissions.................................................................56 Table 4.8-3: Regional Transportation Plan/Sustainable Communities Strategy Consistency.......58 Table 4.8-4: Project Consistency with Applicable CARB Scoping Plan Measures ........................60 Table 4.13-1: Existing Noise Measurement................................................................................87 Table 4.13-2: Typical Construction Noise Levels........................................................................88 Table 4.13-3: Project Construction Noise Levels........................................................................89 Table 4.13-4: On-Site Composite Noise Levels...........................................................................91 Table 4.13-5: Typical Construction Equipment Vibration Levels.................................................92 Table 4.19-1: Normal Year Supply and Demand Comparison...................................................112 Table 4.19-2: Single Dry Year Supply and Demand Comparison ...............................................112 Table 4.19-3: Multiple Dry Years Supply and Demand Comparison..........................................112 Table 4.19-4: Estimated Solid Waste Generation.....................................................................114 Table 4.21-1: Related Projects.................................................................................................120 Kimley»)Horn
450 North Roxbury Drive Project
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1.0 INTRODUCTION

1.1 Statutory Authority and Requirements
An application for the proposed 450 North Roxbury Drive Project (Project) has been submitted to the City of Beverly Hills Planning Division for discretionary review. The City of Beverly Hills (City), as Lead Agency, has determined that the Project is subject to the California Environmental Quality Act (CEQA), and that preparation of an Initial Study is required.

This Initial Study evaluates the potential environmental effects that could result from the construction and operation of the Project. This Initial Study has been prepared in accordance with CEQA (California Public Resources Code [PRC] Section 21000 et seq.) and the CEQA Guidelines (California Code of Regulations [CCR], Title 14, Section 15000 et seq.).

1.2 Summary of Findings
Pursuant to CEQA Guidelines Section 15367, the City, as Lead Agency, has the authority for environmental review and adoption of the environmental documentation, in accordance with CEQA. Because the Project proposes an increase in density (as further described in Section 2.0, Project Description), the Project does not qualify for a Class 5 Categorical Exemption pursuant to CEQA Guidelines Section 15305, thereby triggering the need for an Initial Study leading to a Negative Declaration (IS/ND). This Initial Study has evaluated the environmental issues outlined as part of the CEQA Guidelines Appendix G Environmental Checklist Form. It provides decisionmakers and the public with information concerning the Project’s potential environmental effects and recommended mitigation measures, if any.

Based on the Environmental Checklist Form and supporting environmental analysis, the Project would have no impact or a less than significant impact concerning all environmental issueareas.

Asset forth in CEQA Guidelines Section 15070(a), an IS/ND can be prepared when the Initial Study identifies no substantial evidence, in light of the whole record before the agency, that the Project may have a significant effect on the environment.

1.3 Initial Study Public Review Process
Pursuant to Section 15071 of the CEQA Guidelines, this IS/ND will be circulated for public review and shall include:
a) A brief description of the project, including a commonly used name for the project, if any (see Section 2.0, Project Description);
b) The location of the project, preferably shown on a map, and the name of the project proponent (see Section 2.0, Project Description);
c) A proposed finding that the project will not have a significant effect on the environment; (see Section 3.0, Lead Agency Determination, and environmental analysis provided in Section 4.0, Evaluation of Environmental Impacts);
d) An attached copy of the Initial Study documenting reasons to support the finding (see City website listed below); and
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e) Mitigation measures, if any, included in the project to avoid potentially significant effects (not applicable).

The Notice of Intent (NOI) to adopt a Negative Declaration has been provided to the Clerk of the County of Los Angeles and mailed to responsible and trustee agencies concerned with the Project and other public agencies with jurisdiction by law over resources affected by the Project. A 20- day public review period from September 11, 2024 through October 1, 2024 has been established for the IS/ND in accordance with CEQA Guidelines Section 15073. During the public review period, the IS/ND, including the Technical Appendices, was made available for review on the City website, at https://www.beverlyhills.org/environmental.

Written comments on this IS/ND may be sent to:

Minjee Hahm, AICP, Associate Planner
City of Beverly Hills, Planning Division
455 North Rexford Drive
Beverly Hills, CA 90210
Email: [email protected]
Following receipt and evaluation of comments from agencies, organizations, and/or individuals, the City will determine whether any substantial new environmental issues have been raised. If so, further documentation may be required. If not or if the issues raised do not provide substantial evidence that the Project would have a significant effect on the environment, the IS/ND will be considered for adoption and the Project for approval.

1.4 Incorporation by Reference
Pursuant to CEQA Guidelines Section 15150, an IS/ND may incorporate by reference all, or portions of, another document which is a matter of public record or is generally available to the public. Where all or part of another document is incorporated by reference, the incorporated language shall be considered to be set forth in full as part of the IS/ND’s text.

The documents outlined below, which were utilized during preparation of this IS/ND, are hereby incorporated by reference and are available for review on the City’s website, at:

Beverly Hills General Plan. The City adopted its comprehensive General Plan (General Plan) in 2010. Since adopting the General Plan, the General Plan’s 2021-2029 Housing Element was adopted in October 2021, and the Safety Element was amended in May 2022. The General Plan outlinesthe City’s goals, plans, and objectivesforland use within the City’sjurisdiction. • Found at: https://www.beverlyhills.org/1067/General-Plan-Document Beverly Hills Municipal Code. The Beverly Hills Municipal Code (BHMC) regulates municipal affairs within the City’s jurisdiction including, without limitation, the building and zoning regulations (i.e., BHMC Title 9, Building and Property Health and Safety Regulations, and Title 10, Planning and Zoning). BHMC Title 10 is the primary tool for implementing the General Plan and coordinating and controlling the development and use of real property throughout the City. The BHMC is referenced throughout this IS/ND to establish the Project’s baseline regulatory requirements.

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City of Beverly Hills Final Initial Study/Negative Declaration

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• Found at:
https://codelibrary.amlegal.com/codes/beverlyhillsca/latest/beverlyhills_ca/0-0-0-1

1.5 Report Organization
This document is organized into the following sections:

Section 1.0: Introduction provides a Project introduction and overview, cites the CEQA Guidelines to which the proposed Project is subject, and summarizes the IS/ND’s conclusions.

Section 2.0: Project Description details the Project’s location, environmental setting, background and history, characteristics, discretionary actions, construction program, phasing, agreements, and required permits and approvals. This Section also identifies the IS/ND’s intended uses, including a list of anticipated permits and other approvals.

Section 3.0: Lead Agency Determination provides the determination of the Project and an overview of potential impacts that may or may not result from Project implementation.

Section 4.0: Evaluation of Environmental Impacts provides an analysis of environmental impacts identified in the environmental checklist.

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2.0 PROJECT DESCRIPTION

2.1 Location
The Project would redevelop a 6,797 square foot portion of the ground floor of a five-floor, partially subterranean parking garage (the upper two levels are above ground) with rooftop parking located at 450 North Roxbury Drive to retail space. The five-floor parking garage is attached to a 10-story, 155-foot-tall office building located on the northern portion of the same parcel, constructed in 1970. The parking garage and office building together are considered the Project Site; however, the remainder of the parking garage and the attached office building would not be redeveloped as part of this Project. The Project Site is in the southwestern portion of the City of Beverly Hills (City), in Los Angeles County (County), approximately 3.0 miles north of Culver City and 8.5 miles west of downtown Los Angeles; see Figure 2-1: Regional Vicinity Map.

The Project Site is bound by South Santa Monica Boulevard to the north, Bram Goldsmith Way (an alley) to the east, an existing commercial building to the south, and North Roxbury Drive to the west. The Project Site is located on a 0.8-acre parcel (Assessor’s Parcel Number [APN] 4343- 024-020). The Project Site is located within the Business Triangle, which is defined in BHMC Section 10-3-2703 as the area bounded by the centerline of Wilshire Boulevard, the centerline of Santa Monica Boulevard (south roadway), and the centerline of the alley between Canon Drive and Crescent Drive; see Figure 2-2: Local Vicinity Map. The Project Site is located at the intersection of South Santa Monica Boulevard and North Roxbury Drive. Regional access to the Project Site is provided via Interstate 10 (I-10) and Interstate 405 (I-405). Local access is generally provided via Santa Monica Boulevard (State Route 2 or SR-2) to the north of the Project Site and Wilshire Boulevard to the south of the Project Site.

2.2 Environmental Setting

2.2.1 On-Site Conditions
The office building consists of retail tenants on the ground floor and office and medical suites on the remaining nine floors. The office building and parking garage were constructed in 1970 and represent a modern and late interpretation of the Corporate International style. The building and parking garage were evaluated for historical significance and were determined to not be individually eligible for listing in the National Register of Historic Places (NRHP), California Register of Historical Resources (CRHR), or as a Beverly Hills Landmark.1 The Project would focus development within the ground story of a five-story parking garage with three levels above grade (including rooftop parking) and two subterranean levels. The parking garage currently comprises 96,850 square feet with a floor area ratio (FAR) of 2.65 and contains 365 parking spaces across the five stories. The ground floor of the parking garage contains a total of 56 parking spaces, comprised of 34 single spaces, 14 tandem spaces, and 8 Americans with Disabilities Act (ADA) spaces. The parking garage is currently open to the public. 1 Architectural Resources Group, 450 N. Roxbury Drive Historical Resource Assessment and Project Impacts Analysis, April 23, 2024.

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450 North Roxbury Drive Project
City of Beverly Hills Final Initial Study/Negative Declaration

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The Project Site is approximately 258 to 260 feet above mean sea level (amsl) and is relatively flat. Planter walls are provided along the North Roxbury Drive street frontage. The Project Site is accessed via two in/out driveways on North Roxbury Drive guarded by parking barriers.

Pedestrian access is provided via an existing sidewalk along North Roxbury Drive.

2.2.2 General Plan and Zoning
The Project Site has a General Plan land use designation of Commercial (Low Density General).

The maximum allowable density in this land use designation is a FAR of 2.0, and the maximum allowable height is 45 feet.

The Project Site is zoned C-3 Commercial. According to BHMC Section 10-3-1601, principal uses permitted in this Zone include various commercial uses such as café, office, parking garage, store, shop for the conducting of wholesale or retail business, and store.

2.2.3 Surrounding Land Uses
The Project Site is located in a fully urbanized area of the City and is primarily surrounded by commercial and office development in the Business Triangle. On-site and surrounding land uses and zoning are further detailed in Table 2.2-1: On-site and Surrounding Land Uses.

Table 2.2-1: On-site and Surrounding Land Uses
Description Existing On-the-Ground1Land Use Designation2 Zoning3 Project Site
Five-story parking garage (three above-grade
levels, two subterranean levels) and 10-story
office building
Commercial (Low
Density General) C-3 Commercial
North South Santa Monica Boulevard, commercial
buildings
Commercial (Low
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C-3 Commercial
South Commercial and office buildings Commercial (Low
Density General)
C-3 Commercial
East Bram Goldsmith Way, commercial and office
buildings, parking garage
Commercial (Low
Density General)
C-3 Commercial
West North Roxbury Drive, commercial and office
buildings
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Triangle Commercial and office buildings
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Specific Plan – Beverly
Hills Gardens
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Office Planned
Development Overlay
Zone; Beverly Hills
Garden Specific Plan

1. Google Earth Pro, 2024.

2. City of Beverly Hills, General Plan Land Use Designations – Beverly Hills, January 25, 2022, https://www.beverlyhills.org/DocumentCenter/View/1105/General-Plan-Land-Use-Map-PDF?bidId=. Accessed August 5, 2024.

3. City of Beverly Hills, Zoning Map, October 5, 2021, https://www.beverlyhills.org/DocumentCenter/View/5101/ZoningMap-PDF. Accessed June 26, 2024.

Public transit access in proximity to the Project Site includes the Los Angeles County Metropolitan Transportation Authority (Metro) Line 20 bus stop at the intersection of Wilshire Boulevard and North Linden Drive, located approximately 400 feet southwest of the Project Site; the Metro Line 4 bus stop at the intersection of Santa Monica Boulevard and North Camden Drive, located approximately 600 feet northeast of the Project Site; and the Metro Line 720 bus stop at the Kimley»)Horn
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City of Beverly Hills Final Initial Study/Negative Declaration

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intersection of Wilshire Boulevard and Santa Monica Boulevard, located approximately 740 feet southwest of the Project Site. The Project Site is also approximately 0.31 miles northwest of the future Metro D Line Wilshire/Rodeo Station, which slated to open in 2026. 2 2.3 Project Characteristics

2.3.1 Project Overview
The Applicant, 450 Roxbury II Manager, LLC, proposes to convert a portion of the ground level of the existing parking garage to approximately 6,797 square feet of retail space. The Project would remove 29 existing parking spaces, add 300 square feet of planter area, and restripe the remaining ground level of parking to replace the 3 removed ADA parking spaces; see Figure 2-3:

Conceptual Site Plan. The Applicant is requesting a Zone Text Amendment (ZTA) and General Plan Amendment (GPA) to allow an increase in the maximum FAR as a result of the conversion of the ground level of an existing parking structure abutting a public street to retail business(es), as defined in BHMC Section 10-3-100, up to a depth of 70 feet from the front property line, subject to approval of a Development Plan Review pursuant to BHMC Section 10-3-3100. 3 Refer to
Section 2.3.6, Proposed ZTA and GPA, for additional information regarding the proposed ZTA and GPA.

2.3.2 Site Design
The proposed 6,797 square feet of retail uses would be split into four retail spaces ranging from 1,397 square feet to 1,841 square feet. The four retail spaces would be accessed from the North Roxbury Drive street frontage. The storefront facades would consist of louvers, cast-in-place (CIP) concrete, and storefront glazing. Signage would be installed on top of the storefronts; see Figure 2-4: Project Rendering Fronting North Roxbury Drive. Approximately 300 square feet of planter area would be added. The Project would increase the floor area for the parcel from 96,850 square feet to 103,647 square feet and increase the FAR from 2.65 to 2.84. 2 Los Angeles County Metropolitan Transportation Authority (Metro), Westside Purple Line Extension Section 2 Project December 2023 Quarterly Project Status Report, 2023, https://libraryarchives.metro.net/DPGTL/StatusReports/2023- december-westside-purple-line-extension-section-2.pdf. Accessed June 10, 2024. 3 The ZTA and GPA would apply to the entire Business Triangle of the City; however, future projects that would seek to utilize the ZTA and GPA would be subject to environmental review at such time.

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450 North Roxbury Drive Project
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2.3.3 Access, Circulation, and Parking
Per BHMC Section 10-3-2730, the Project would be required to provide one parking space per 350 square feet of commercial floor area, for a total of 20 additional spaces. However, Assembly Bill (AB) 2097 (2022) (Government Code Section 65863.2) prohibits public agencies or cities from imposing a minimum automobile parking requirement on most development projects located within a half-mile radius of an existing or planned major transit stop. Pursuant to AB 2097, as the Project Site is approximately 0.31 miles northwest of the future Metro D Line Wilshire/Rodeo Station, the Project is eligible for automobile parking reduction. The Project would eliminate 29 existing parking spaces (which includes 24 single parking spaces and 5 tandem parking spaces) on the ground floor and restripe and replace 3 ADA parking spaces, resulting in a total of 335 parking spaces throughout the entire parking garage; see Table 2.3-1: Ground Floor Project Parking. The proposed total of parking spaces for the entire parking garage would allow the parking garage to continue to provide sufficient parking for the public. The three relocated ADA parking spaces would be located adjacent to the northeastern end of the proposed retail spaces.

The existing parking spaces on the other floors of the parking garage would remain.

Table 2.3-1: Ground Floor Project Parking
Parking Spaces Existing Parking Proposed Parking1
Total Single Spaces 34 10
Total Tandem Spaces 14 9
Total ADA Spaces 8 8
Total Spaces 56 27
Vehicular access to the Project Site would continue to be provided via the two existing in/out driveways on North Roxbury Drive. Pedestrian access would continue to be provided via the existing sidewalk along North Roxbury Drive. The Project would not modify the existing driveways and sidewalk.

2.3.4 Security
Both existing driveways would continue to be secured by existing parking barriers that require visitors to press a button for a ticket to enter the parking garage. The Project would also include security measures such as security lighting and a surveillance camera system.

2.3.5 Infrastructure and Utilities Improvements
A new mechanical split heating, ventilation, and air conditioning (HVAC) system would be installed above the ceilings of the retail spaces. A new rooftop HVAC unit would be provided immediately south of an existing HVAC unit on the rooftop. The Project would also install four 5- ton heat pump condensers along the western edge of the rooftop. Actual equipment size and clearances will be determined upon finalization of site plans and is subject to review by the City.

Ducting and piping for the proposed HVAC system would be cored through the concrete curb at the edge of the rooftop of the parking garage down to ground level and distributed to each retail space as required.

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An automated sprinkler system would be installed throughout the retail spaces for fire protection purposes, including a fire pump on the eastern portion of the Project Site. The Project would be a Type I-B construction, which is a type of construction in which building elements are fire resistive and non-combustible.

2.3.6 Proposed ZTA and GPA
The Project would include a ZTA and GPA to allow sites located within the Business Triangle (as defined in Section 2.2.3, Surrounding Land Uses) to increase their maximum FAR as a result of the conversion of the ground level of an existing parking structure abutting a public street to retail business(es), as defined in BHMC Section 10-3-100, up to a depth of 70 feet from the front property line, subject to approval of a Development Plan Review pursuant to BHMC Section 10- 3-3100. The additional floor area of the conversion shall not exceed 10 percent of the maximum allowable floor area for the site, regardless of the existing building square footage. In compliance with the proposed ZTA and GPA, the Project is proposing a conversion of 6,797 square feet of an existing parking structure, resulting in a new total of 103,647 square feet of proposed floor area.

Pursuant to BHMC Section 10-3-2745, the maximum allowable floor area for the Project Site is 72,960 square feet. Therefore, the 6,797 square feet conversion is approximately 9.3 percent of the maximum allowable floor area (72,960 square feet) and would be less than 10 percent of the maximum allowable floor area for the site.

There are a few sites within the Business Triangle that may potentially utilize the ZTA and GPA to increase their maximum FAR by converting the ground level of their existing parking structure to retail business(es). As the additional floor area for conversion would not be allowed to exceed 10 percent of the maximum allowable floor area for the site, regardless of the existing building square footage, these developments would be considered minor but would be subject to approval of a Development Review Plan pursuant to BHMC Section 10-3-3100. As the application of the ZTA and GPA to other potential sites within the Business Triangle is not reasonably foreseeable at this time, those projects, should it be submitted as a formal application to the City, would require a project-specific CEQA analysis at that time. As such, although the proposed ZTA and GPA apply to the entire Business Triangle, the Project Site for the proposed Project is confined only to the parking garage and office building located within the Project parcel, as described above in Section 2.1, Location.

2.4 Project Construction
Project construction is anticipated to occur over one phase, lasting approximately 14 months, beginning as early as January 2025 and ending as early as February 2026. Construction would occur consistent with City noise policies, as presented in BHMC Section 5-1-205. Specifically, construction would occur Monday through Friday, excluding holidays, between 8:00 A.M. and 6:00 P.M, and on Saturdays only if an after hours construction permit is issued pursuant to BHMC 5-1-205.C. No grading or excavation will be required to construct the Project.

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2.5 Agreements, Permits, and Approvals
The City, as Lead Agency, has discretionary authority over the proposed Project. To implement this Project, at a minimum, the following discretionary permits/approvals must be granted by the City and others:
• Zone Text Amendment to allow for a FAR above the City’s 2.0 FAR limitation, • General Plan Amendment to allow for a FAR above the City’s 2.0 FAR limitation for the proposed additional floor area,
• Development Plan Review,
• Adoption of this Negative Declaration,
• Architectural Review, and
• Issuance of building permits.

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3.0 LEAD AGENCY DETERMINATION
On the basis of this initial evaluation:

I find that the proposed Project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X
I find that although the proposed Project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the Project have been made by or agreed to by the Project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.

I find that the proposed Project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required.

I find that the proposed Project MAY have a potentially significant or a potentially significant unless mitigated impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.

I find that although the proposed Project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed Project, nothing further is required.

City of Beverly Hills
September 11, 2024
Minjee Hahm, AICP Date
Associate Planner
wOD
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4.0 EVALUATION OF ENVIRONMENTAL IMPACTS
The following environmental analysis is patterned after CEQA Guidelines Appendix G. An explanation is provided for all responses, which are supported by the cited information sources.

The responses consider the whole action involved with the proposed Project: on- and off-site, Project- and cumulative-level, direct and indirect, and short-term construction and long-term operational. The explanation of each issue also identifies the significance criteria or threshold, if any, used to evaluate each question, and the mitigation identified, if any, to avoid or reduce the impact to less than significant. To each question, there are four possible responses:
• No Impact. The Project would not have any measurable environmental impact. • Less Than Significant Impact. The Project would have the potential to impact the environment, although this impact would be below-established thresholds that are considered to be significant.
• Less Than Significant With Mitigation Incorporated. The Project would have the potential to generate impacts, which may be considered as a significant effect on the environment, although mitigation measures or changes to the Project’s physical or operational characteristics could reduce these impacts to a less than significant level. • Potentially Significant Impact. The Project could have impacts, which may be considered significant, and therefore additional analysis is required to identify mitigation. A determination that there is a potential for significant effects indicates the need to more fully analyze the Project’s impacts and identify mitigation.

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4.1 Aesthetics
Environmental Issue
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Except as provided in Public Resources Code Section 21099, would the project:
a) Have a substantial adverse effect on a scenic vista? X b) Substantially damage scenic resources, including,
but not limited to trees, rock outcroppings, and
historic buildings within a State Scenic Highway?
X
c) If in a non-urbanized area, substantially degrade
the existing visual character or quality of public
views of the site and its surroundings? (Public views
are those that are experienced from publicly
accessible vantage point). If the project is in an
urbanized area, would the project conflict with
applicable zoning and other regulations governing
scenic quality?
X
d) Create a new source of substantial light or glare
which would adversely affect day or nighttime
views in the area?
X
Impact Analysis

4.1a Would the project have a substantial adverse effect on a scenic vista? No Impact. Under CEQA, a scenic vista is defined as a viewpoint that provides expansive views of a highly-valued landscape for the public’s benefit. The Project Site is currently developed with a parking garage, office building, and associated minimal landscaping. The Project Site is within a fully urbanized area of the City dominated by commercial and office development. Overall Project Site topography is relatively flat. The City does not have clearly defined scenic vistas, and no scenic views currently exist on-site or are available from the Project Site. The Santa Monica Mountains to the north may be visible from the streets surrounding the Project Site and from the rooftop of the parking garage on-site, but views are limited by multi-story development and street trees surrounding the Project Site.

The Project would convert a portion of the ground floor of the existing parking garage on-site to retail uses. The Project also proposes a ZTA and GPA which would be applicable to the Project Site for the proposed Project and to other potential sites within the Business Triangle that meet the ZTA and GPA criteria.

The proposed development is within the footprint of the existing parking garage on-site. As such, upon Project development, views of the Santa Monica Mountains would continue to be blocked within the Project Site and along North Roxbury Drive and Bram Goldsmith Way. The Project would not directly obstruct an existing public view of a scenic vista as no scenic vistas are in the Project Site vicinity. Similarly, although the Project proposes a ZTA and GPA to allow for a FAR above the City’s FAR limitation, because there are no scenic vistas visible from the Business ■■■■
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Triangle, the associated ZTA and GPA would similarly have no impact on any scenic vistas.

Therefore, Project development, including the adoption of the associated ZTA and GPA for the Business Triangle, would not result in a substantial adverse effect on a scenic vista. No impacts would occur.

4.1b Would the project substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic buildings within a State Scenic Highway? No Impact. There are no State-designated scenic highways in the City. 4 The nearest eligible scenic
highway is State Route 1 (SR-1) located approximately 5.8 miles southwest of the Project Site, and the nearest officially designated scenic highway is the portion of SR-2 located within the Angeles National Forest, approximately 9.9 miles west of the Project Site.

The proposed development would be contained within the ground floor of the existing parking garage on-site. Therefore, due to the Project Site’s distance from State scenic highways, the Project would not damage scenic resources. Similarly, the associated ZTA and GPA would only affect development within the Business Triangle, which would also not impact State scenic highways due to the Business Triangle’s distance from State scenic highways. Therefore, the Project, including the adoption of the associated ZTA and GPA for the Business Triangle, would not damage scenic resources within a State scenic highway. No impacts would occur.

4.1c If in a non-urbanized area, would the project substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
Less Than Significant Impact. The Project Site is in an urbanized area of the City; therefore, the applicable threshold with respect to the Project is whether the Project is consistent with applicable zoning and other regulations governing scenic quality.

Pursuant to BHMC Section 10-3-1601, principal uses permitted in this zone include various commercial uses such as parking garage, store, shop for the conducting of wholesale or retail business, and studio. The Project Site’s land use and zoning designations (Commercial [Low Density General] and C-3 Commercial, respectively) permit a maximum FAR of 2.0. Additionally, the Commercial (Low Density General) land use designation permits a maximum building height of 45 feet.

The Project proposes to convert a portion of the ground floor of the existing parking garage onsite to include new tenant spaces for retail businesses, which would be consistent with the 4 California Department of Transportation, California State Scenic Highway System Map, 2019, https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8e8057116f1aacaa. Accessed on June 13, 2024.

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permitted uses of the C-3 Commercial zone. The Applicant is requesting a ZTA and GPA to allow the Project to increase the floor area of the Project parcel from 96,850 square feet to 103,647 square feet and increase the FAR from 2.65 to 2.84.

The Project would be designed in accordance with the land use and zoning development standards outlined in the City’s General Plan Land Use Element and BHMC. Upon City approval of the proposed ZTA and GPA and the City’s development review of the proposed site plans, the Project would not conflict with zoning or other regulations governing scenic quality. Similarly, other development within the Business Triangle that may potentially utilize the associated ZTA and GPA would be required to comply with the ZTA and GPA, upon adoption, along with other City requirements. Therefore, impacts would be less than significant.

4.1d Would the project create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
Less Than Significant Impact. The Project would convert a portion of the ground floor of the existing parking garage on-site to retail uses. Existing outdoor lighting at and near the Project Site is associated with the existing parking garage on-site, surrounding office and commercial buildings and parking, and street lighting along North Roxbury Drive typical of urbanized areas.

New light sources introduced by the Project may increase ambient nighttime illumination levels.

Construction
Pursuant to BHMC Section 5-1-205, construction would occur Monday through Friday, excluding holidays, between 8:00 A.M. and 6:00 P.M., and on Saturdays only if an after hours construction permit is issued. While the majority of Project construction would occur during daylight hours, there is a potential that construction could require the use of artificial lighting, particularly during the winter season when daylight is no longer sufficient earlier in the day. To the extent artificial light sources are required, such use would be temporary and would cease upon completion of Project construction. Furthermore, construction-related illumination would be used for safety and security purposes only, in compliance with BHMC light intensity requirements. Additionally, as part of the Project, construction lighting would be shielded to minimize light spillover.

Construction lighting, while potentially bright, would be focused on the particular area undergoing work.

Daytime glare could potentially occur during construction activities if reflective construction materials were positioned in highly visible locations where the reflection of sunlight could occur.

However, any glare would be highly transitory and short-term, given the movement of construction equipment and materials within the construction area, and the temporary nature of construction activities. In addition, large, flat surfaces that generate substantial glare are typically not an element of construction activities. Furthermore, temporary construction fencing comprised of a solid material or including screening would be placed along the periphery of the Project Site’s street frontage along North Roxbury Drive to screen construction activity from street view at off-site locations. Therefore, there would be a negligible potential for daytime or nighttime glare associated with construction activities to occur. Similarly, the associated ZTA and GPA would only affect development within the Business Triangle, which would also be required to apply with BHMC regulations regarding light intensity and glare.

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Based on the above, light and glare associated with Project construction activities would not create a new source of substantial light or glare which would adversely affect day or nighttime views in the area. Therefore, impacts related to light and glare during construction would be less than significant.

Operation
The Project would introduce new sources of light and glare that are typically associated with retail uses, including architecture, interior, security, and wayfinding lighting sources. However, all Project lighting would comply with current energy standards and codes, while providing efficient and effective on-site lighting. Nighttime security lighting for the Project would be provided to illuminate storefront entrances and within the parking structure. The nearest sensitive receptors in the vicinity of the Project Site are the residential communities approximately 350 feet northwest of the Project Site. However, all exterior lights would be wallor ground-mounted and shielded away from adjacent land uses and security lighting would be designed to prevent light trespass onto adjacent properties. It is not anticipated that the amount of light emanating from the Project would represent a noticeable increase over current light levels.

The Project would include appropriate levels of interior and exterior lighting for security and architectural highlighting. Outdoor lighting would be designed and installed with shielding, such that lighting would be directed and focused on the Project in accordance with BHMC lighting regulations that require that operational lighting would be directed downward or on the specific on-site feature to be lit and avoid direct glare onto exterior glazed windows or glass doors of existing and adjacent uses.

Regarding glare, daytime glare can result from sunlight reflecting from a shiny surface that would interfere with the performance of an off-site activity, such as the operation of a motor vehicle.

Reflective surfaces can be associated with window glass and polished surfaces, such as metallic trim. In general, sun reflection that has the greatest potential to interfere with driving occurs from the lower stories of a structure. Similar to the existing development at the Project Site, sun reflection from the Project would occur during periods in which the sun is low on the horizon and when the point of reflection within the Project Site is in front of the driver, in the direction of travel. No sources of substantial glare are anticipated with implementation of the proposed retail development. Exterior building materials of the proposed retail uses would use various nonreflective material designed to minimize the transmission of glare from the Project’s buildings and would not include polished metals. The Project building would be prohibited from using highly reflective building materials such as mirrored glass on exterior facades. Parking would remain within the parking garage, thereby reducing potential nighttime glare from vehicles.

Similarly, the associated ZTA and GPA would only affect development within the Business Triangle, which would be required to comply with BHMC lighting and glare regulations.

Based on the above, the Project, including the adoption of the associated ZTA and GPA for the Business Triangle, would not create a new source of substantial light or glare that would adversely affect day or nighttime views in the area. Therefore, impacts would be less than significant.

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4.2 Agricultural and Forestry Resources
Environmental Issue
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project:
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency, to non-agricultural
use?
X
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? X
c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code
Section 12220(g)), timberland (as defined by Public
Resources Code Section 4526), or timberland zoned
Timberland Production (as defined by Government
Code Section 51104(g))?
X
d) Result in the loss of forest land or conversion of
forest land to non-forest use? X
e) Involve other changes in the existing environment
which, due to their location or nature, could result
in conversion of Farmland, to non-agricultural use
or conversion of forest land to non-forest use?
X
■■■■
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Impact Analysis

4.2a Would the project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use?

4.2b Would the project conflict with existing zoning for agricultural use, or a Williamson Act contract?

4.2c Would the project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources Code Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))?

4.2d Would the project result in the loss of forest land or conversion of forest land to non-forest use?

4.2e Would the project involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use?
No Impact. The Project Site is developed with an existing parking garage and office building and is located in an urbanized area of the City. The Project would convert a portion of the ground floor of the existing parking garage on-site to retail uses. The proposed ZTA and GPA would be applicable to the Project Site for the proposed Project and to other potential sites within the Business Triangle that meet the ZTA and GPA criteria.

According to the California Department of Conservation’s California Important Farmland Finder, the Project Site is mapped as Urban and Built-Up Land. No Prime Farmland, Unique Farmland, or Farmland of Statewide or Local Importance is mapped within or in the immediate vicinity of the Project Site.
5 Further, there is no land under a Williamson Act contract in the City.6 There is also no forest land within or in the vicinity of the Project Site. Additionally, the Project Site is zoned C-3 Commercial. No agricultural, forest land, or timberland zoning exists in the City.7 Similarly, the associated ZTA and GPA would only affect development within the Business Triangle, which is developed with commercial and office uses and does not contain any agricultural or forestry resources or zoning. Therefore, no impact concerning mapped farmlands, Williamson Act contracts, or agricultural, forest, or timber land zoning would occur. 5 California Department of Conservation (DOC), California Important Farmland Finder, 2022, https://maps.conservation.ca.gov/dlrp/ciff/. Accessed on June 12, 2024. 6 DOC, California Williamson Act Enrollment Finder, 2022, https://maps.conservation.ca.gov/dlrp/WilliamsonAct/. Accessed on June 12, 2024.
7 City of Beverly Hills, Zoning Map – City of Beverly Hills, 2021, https://www.beverlyhills.org/DocumentCenter/View/5101/Zoning-Map-PDF. Accessed June 12, 2024.

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4.3 Air Quality
This Section is based on the Air Quality Analysis prepared by Kimley-Horn, which is included in its entirety as Appendix A: Air Quality Analysis.

Environmental Issue
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project:
a) Conflict with or obstruct implementation of the
applicable air quality plan? X
b) Result in a cumulatively considerable net
increase of any criteria pollutant for which the
Project region is non-attainment under an
applicable federal or state ambient air quality
standard?
X
c) Expose sensitive receptors to substantial
pollutant concentrations? X
d) Result in other emissions (such as those leading
to odors) adversely affecting a substantial
number of people?
X
Impact Analysis

4.3a Would the project conflict with or obstruct implementation of the applicable air quality plan?
Less Than Significant Impact. The Project would convert a portion of the ground floor of the existing parking garage on-site to retail uses. The Project also proposes a ZTA and GPA which would be applicable to the Project Site for the proposed Project and to other potential sites within the Business Triangle that meet the ZTA and GPA criteria.

As part of its enforcement responsibilities, the U.S. Environmental Protection Agency (EPA) requires each state with nonattainment areasto prepare and submit a State Implementation Plan (SIP) that demonstrates the means to attain the federal standards. The SIP must integrate federal, state, and local plan components and regulations to identify specific measures to reduce pollution in nonattainment areas, using a combination of performance standards and marketbased programs. Similarly, under State law, the California Ambient Air Quality Standards (CAAQS) require an air quality attainment plan to be prepared for areas designated as nonattainment regarding the state and federal ambient air quality standards. Air quality attainment plans outline emissions limits and control measures to achieve and maintain these standards by the earliest practical date.

The Project is located within the South Coast Air Basin, which is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The SCAQMD is required, pursuant to the Federal Clean Air Act (FCAA), to reduce emissions of criteria pollutants for which the South Coast Air Basin is in nonattainment. To reduce such emissions, the SCAQMD drafted the 2016 Air ■■■■
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Quality Management Plan (AQMP) and 2022 AQMP. The 2016 AQMP establishes a program of rules and regulations directed at reducing air pollutant emissions and achieving state (California) and national air quality standards. The 2022 AQMP builds upon measures already in place from previous AQMPs. The primary purpose of the 2022 AQMP is to identify, develop, and implement strategies and control measures to meet the 2015 8-hour ozone (O3) National Ambient Air Quality Standard (NAAQS). Air quality management planning is a regional and multi-agency effort including the SCAQMD, the California Air Resources Control Board (CARB), the Southern California Association of Governments (SCAG), and the U.S. EPA. The AQMPs’ pollutant control strategies are based on the latest scientific and technical information and planning assumptions, including SCAG’s growth projections and the Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS), updated emission inventory methodologies for various source categories, and SCAG’s latest growth forecasts. SCAG’s latest growth forecasts were defined in consultation with local governments and with reference to local general plans. The Project is subject to the SCAQMD’s 2016 and 2022 AQMPs.

Criteria for determining consistency with the AQMPs are defined by the following indicators:
• Consistency Criterion No. 1: The Project will not result in an increase in the frequency or severity of existing air quality violations, or cause or contribute to new violations, or delay the timely attainment of air quality standards or the interim emissions reductions specified in the AQMPs.
• Consistency Criterion No. 2: The Project will not exceed the assumptions in the AQMPs or increments based on the years of the Project build-out phase.

According to the SCAQMD’s CEQA Air Quality Handbook, the purpose of the consistency finding is to determine if a project is inconsistent with the assumptions and objectives of the regional air quality plans, and thus if it would interfere with the region’s ability to comply with CAAQS and NAAQS.

The violations to which Consistency Criterion No. 1 refers are exceedances of the CAAQS or NAAQS. As shown below, the Project would not exceed the construction or operational standards. Therefore, the Project would not result in an increase in frequency or severity of existing air quality violations, or cause or contribute to new violations, or delay the timely attainment of air quality standards or the interim emissions reductions specified in the AQMPs.

Thus, the Project would be consistent with the AQMP under the first criterion.

Concerning Consistency Criterion No. 2, the 2022 AQMP contains air pollutant reduction strategies based on SCAG’s growth forecasts included in the 2020-2045 RTP/SCS. SCAG’s growth forecasts are made in consultation with local governments and with reference to their local general plans. The Project is consistent with the City of Beverly Hills General Plan land use designation for the Project Site and, therefore, the growth associated with the Project at the Project Site has been accounted for in SCAG’s latest growth forecasts. The 2020–2045 RTP/SCS provides socioeconomic forecast projections of regional population growth. The population, housing, and employment forecasts, which are adopted by SCAG’s Regional Council, are based on the local plans and policies applicable to the specific area; these are used by SCAG in all phases of implementation and review.

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As shown below in Threshold 4.3b, the air pollutant emissions resulting from Project implementation would not exceed the SCAQMD localized significance thresholds. Localized significance thresholds were developed to ensure no exceedances of the California or federal ambient air quality standards would occur if project emissions were below thresholds. As the Project would not increase the frequency or severity of an existing air quality violation or cause or contribute to new violations for air quality pollutants (including volatile organic compounds [VOC], nitrous oxides [NOX], carbon monoxide [CO], sulfur dioxides [SOX], particulate matter 10 microns or less in diameter [PM10], and particulate matter 2.5 microns or less in diameter [PM2.5]), the Project also would not delay timely attainment of air quality standards or interim emission reductions specified in the AQMP. In addition, the Project would be consistent with employment growth projections in the AQMP.

Additionally, regarding the associated ZTA and GPA for the Business Triangle, that other potential development that may take advantage of the ZTA and GPA, for purposes of converting existing street level parking into retail use, would be similar in nature and scale to the proposed development for this Project as they would be allowed to increase the FAR up to an additional 10 percent of the maximum allowable floor area for the site. Therefore, these other potential development projects would likely have similar air quality emissions and would therefore likely not result in an increase in the frequency or severity of existing air quality violations, or cause or contribute to new violations, or delay the timely attainment of air quality standards or the interim emissions reductions specified in the AQMPs. Additionally, these projects would be required to complete a project-specific CEQA analysis at that time. Thus, these other potential development projects would be consistent with the AQMP under the first criterion. Additionally, these other potential development projects would also be required to be consistent with the City’s General Plan land use designation for their respective sites. Through compliance with the City’s General Plan land use designation, the growth associated with these projects would also be accounted for in SCAG’s latest growth forecasts.

Based on the above, approval of the Project, including the adoption of the associated ZTA and GPA, would not result in any significant effects relating to a conflict with or obstruction of the implementation of the SCAQMD’s AQMP. Therefore, impacts would be less than significant.

4.3b Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard?
Less Than Significant Impact. The Project would convert a portion of the ground floor of the existing parking garage on-site to retail uses. The Project also proposes a ZTA and GPA which would be applicable to the Project Site for the proposed Project and to other potential sites within the Business Triangle that meet the ZTA and GPA criteria.

Regional Construction Impacts
Construction associated with the proposed Project would generate short‐term emissions of criteria air pollutants. The criteria pollutants of primary concern within the Project area include ozone-precursor pollutants (i.e., reactive organic gases [ROG] and NOX, PM10, and PM2.5).

Construction‐generated emissions are short term and of temporary duration, lasting only as long Kimley»)Horn
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as construction activities occur, but would be considered a significant air quality impact if the amount of pollutants generated exceeds the SCAQMD’s thresholds of significance. Sources of emissions during construction include motor vehicle exhaust associated with construction equipment and worker trips and the movement of construction equipment, especially on unpaved surfaces. Emissions of airborne particulate matter are largely dependent on the amount of ground disturbance associated with site preparation grading activities as well as weather conditions and the appropriate application of water. However, the Project would not include site preparation or grading activities. Sensitive land uses surrounding the Project Site consist mostly of a church and residential communities located approximately 350 feet northwest of the Project Site.

The duration of construction activities for the Project is estimated to be approximately 14 months, beginning as early as January 2025 and ending as early as February 2026. The Project would convert existing parking area on the ground floor of an existing parking structure to retail uses and relocate three existing ADA parking spaces, resulting in a total construction area of approximately 0.16 acres.

Construction‐generated emissions associated with the Project were calculated using the CARBapproved California Emissions Estimator Model (CalEEMod), which is designed to model emissions for land use development projects, based on typical construction requirements. See Appendix A for more information regarding the construction assumptions used in this analysis.

Predicted maximum daily construction‐generated emissions for the Project are identified in Table 4.3-1: Project Construction Emissions. The modeling emissions include truck idling time and emissions from heavy-duty diesel equipment.

Table 4.3-1: Project Construction Emissions
Calendar Year Emissions (pounds per day)1
ROG NOX CO SO2 PM10 PM2.5
2025 0.53 5.19 7.11 0.01 0.35 0.21
2026 3.27 4.86 7.04 0.01 0.23 0.18
Maximum Emissions 3.27 5.19 7.11 0.01 0.35 0.21
SCAQMD Threshold 75 100 550 150 150 55
SCAQMD Threshold
Exceeded? No No No No No No

1. Emissions were calculated using the CalEEMod version 2022.1, as recommended by the SCAQMD. Worst-case seasonal maximum daily emissions are reported.

Source: CalEEMod version 2022.1; see Appendix A for model outputs.

The Project is subject to SCAQMD Rules 402, 403, and 1113, which prohibit nuisances, require dust mitigation, and limit VOC content in paints, respectively. It has been assumed that these rules will be followed using watering the site and low VOC paints during construction. The results of the emissions modeling, as summarized on Table 4.3-1, show that construction criteria Kimley»)Horn
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pollutant emissions would remain below the applicable thresholds, and construction impacts on short-term regional air quality would be less than significant.

Regional Operational Impacts
Operational emissions are typically associated with mobile sources (i.e., motor vehicle use) and area sources (such as the use of landscape maintenance equipment, hearths, consumer products, and architectural coatings). Energy source emissions would be generated from electricity and natural gas non-hearth) usage. Table 4.3-2: Project Operational Emissions summarizes the operational emissions attributable to the Project. As shown in Table 4.3-2, the Project’s regional operational emissions would not exceed applicable SCAQMD thresholds, and operational impacts on long-term regional air quality would be less than significant.

Table 4.3-2: Project Operational Emissions
Source Emissions (pounds per day)1
ROG NOX CO SO2 PM10 PM2.5
Area 0.21 <0.005 0.30 <0.005 <0.005 <0.005
Energy <0.005 0.01 0.01 <0.005 <0.005 <0.005
Mobile 1.16 0.83 8.58 0.02 1.78 0.46
Total 1.37 0.84 8.88 0.02 1.78 0.46
SCAQMD Threshold 55 55 550 150 150 55
SCAQMD Threshold Exceeded? No No No No No No

1. Emissions were calculated using the CalEEMod version 2022.1, as recommended by the SCAQMD. Worst-case seasonal maximum daily emissions are reported.

2. Totals may not add up due to rounding.

Source: CalEEMod version 2022.1. Refer to Appendix A for model outputs.

Regarding the associated ZTA and GPA for the Business Triangle, given that other potential development projects that may take advantage of the ZTA and GPA, for purposes of converting existing street level parking into retail use, would be similar in nature and scale to the proposed development for this Project, construction and operational air quality emissions for such projects would likely be similar as those for this Project. Additionally, these other potential development projects would be subject to the same SCAQMD regulations pertaining to VOCs. As such, the adoption of the associated ZTA and GPA would also not result in a cumulatively considerably net increase of any criteria pollutant for which the South Coast Air Basin is non-attainment under the NAAQS or CAAQS, and impacts would be less than significant.

Therefore, for the reasons substantiated above, the Project would not result in a cumulatively considerable net increase of any criteria pollutant for which the South Coast Air Basin is nonattainment under the NAAQS or CAAQS. Impacts would be less than significant.

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4.3c Would the Project expose sensitive receptors to substantial pollutant concentrations? Less Than Significant Impact. The Project would convert a portion of the ground floor of the existing parking garage on-site to retail uses. The Project also proposes a ZTA and GPA which would be applicable to the Project Site for the proposed Project and to other potential sites within the Business Triangle that meet the ZTA and GPA criteria.

Localized Construction Impacts
The nearest sensitive receptors to the Project Site are a church and community of single-family residences located approximately 350 feet (approximately 100 meters) to the northwest. To assess potential impacts to nearby sensitive receptors, the SCAQMD established Localized Significance Thresholds (LSTs). LSTs were developed in response to SCAQMD Governing Boards' Environmental Justice Enhancement Initiative (I‐4). The SCAQMD provided the Final Localized Significance Threshold Methodology (dated June 2003 [revised 2008]) to assist lead agencies in analyzing project‐specific localized impacts.

CalEEMod calculates construction emissions based on the number of equipment hours and the maximum daily soil disturbance activity possible for each piece of equipment. However, the Project would not require any site preparation or grading activities. Therefore, because the Project disturbance area is less than one acre, the LSTs for a one-acre site has been used in this construction analysis.

LSTs were established for NOX, CO, PM10, and PM2.5, based on project size and local ambient air pollutant levels, as determined by Source Receptor Area (SRA). For this Project, the appropriate SRA for LSTs is the Northwest Coastal LA County (SRA 2). Thus, the applicable LSTs for a 1.0 acre site in SRA 2 were used in this analysis.

SCAQMD’s methodology indicates that “off‐site mobile emissions from the project should not be included in the emissions compared to LSTs.” Therefore, for purposes of the construction LST analysis, only emissions included in the CalEEMod “on‐site” emissions outputs were considered.

LST thresholds are provided for distances to sensitive receptors of 25, 50, 100, 200, and 500 meters. The LSTs for 1.0 acre site with receptors at 100 meters were used for the construction analysis. Table 4.3-3: Localized Significance of Emissions presents the results of localized emissions modeling for construction activity. Emissions of these pollutants on the peak day of construction would not result in significant concentrations of pollutants at nearby sensitive receptors. Therefore, construction impacts on regional air quality would be less than significant.

Localized Operational Impacts
According to the SCAQMD localized significance threshold methodology, LSTs apply to on-site sources. LSTs for receptors located at 100 meters for SRA 2 were conservatively used in this analysis. The 1.0-acre LST threshold was used for the Project Site. The operational emissions include all on‐site Project-related stationary sources (i.e., area and energy sources). As shown on Table 4.3-3, the maximum daily emissions during operations would not exceed applicable LSTs, Kimley»)Horn
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and are not expected to result in significant concentrations of pollutants at nearby sensitive receptors. Therefore, operational impacts would be less than significant.

Table 4.3-3: Localized Significance of Emissions
Source/Activity Emissions (pounds per day)1
NOX CO PM10 PM2.5
Construction Emissions
Demolition 2025 4.3 5.6 0.2 0.2
Building Construction 2025 5.1 6.9 0.2 0.2
Building Construction 2026 4.8 6.9 0.2 0.2
Architectural Coating 2026 0.9 1.1 <0.1 <0.1
Maximum Daily Emissions 5.1 6.9 0.2 0.2
SCAQMD Localized Screening Threshold
(1.0 acres of disturbance at 100 meters) 121 1,233 27 8 Exceed SCAQMD Threshold? No No No No
Operational Emissions
On-site Emissions (Area + Energy Sources) <0.1 0.3 <0.1 <0.1 SCAQMD Localized Screening Threshold
(1.0 acres of disturbance at 100 meters)
121 1,233 7 2
Exceed SCAQMD Threshold? No No No No

1. Totals may not add up exactly due to rounding in the modeling calculations. Detailed emissions calculations are provided in Appendix A.

Source: CalEEMod version 2022.1. Refer to Appendix A for model outputs.

Carbon Monoxide Hotspots
An analysis of CO “hot spots” is needed to determine whether the change in the level of service (LOS) of an intersection from Project-related traffic would have the potential to result in exceedances of the CAAQS or NAAQS. It has long been recognized that CO exceedances are caused by vehicular emissions, primarily when vehicles are idling at intersections. Vehicle emissions standards have become increasingly stringent in the last 20 years. Currently, the CO standard in California is a maximum of 3.4 grams per mile for passenger cars (requirements for certain vehicles are more stringent). With the turnover of older vehicles, introduction of cleaner fuels, and implementation of control technology on industrial facilities, CO concentrations have steadily declined in the South Coast Air Basin.

Accordingly, with the steadily decreasing CO emissions from vehicles, even very busy intersections do not result in exceedances of the CO standard. An analysis prepared for CO attainment in the South Coast Air Basin by the SCAQMD can assist in evaluating the potential for CO exceedances. CO attainment was thoroughly analyzed as part of the SCAQMD’s 2003 AQMP.

The Basin was re‐designated as attainment in 2007 and is no longer addressed in the SCAQMD’s AQMP. The 2003 AQMP is the most recent AQMP that addresses CO concentrations. As part of the SCAQMD CO Hotspot analysis, the Wilshire Boulevard/Veteran Avenue intersection, one of the most congested intersections in Southern California with an average daily traffic (ADT) volume of approximately 100,000 vehicles per day, was modeled for CO concentrations. This modeling effort identified a CO concentration high of 4.6 parts per million (ppm), which is well Kimley»)Horn
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below the 35 ppm federal standard. The Project considered herein would not produce the volume of traffic required to generate a CO hot spot in the context of SCAQMD’s 2003 CO hot spot analysis as the Project would generate 370 net daily vehicle trips. As the CO hotspots were not experienced at the Wilshire Boulevard/Veteran Avenue intersection even as it accommodates 100,000 vehicles daily, it can be reasonably inferred that CO hotspots would not be experienced in the Project vicinity. Therefore, impacts on regional air quality would be less than significant.

Regarding the associated ZTA and GPA for the Business Triangle, given that other potential development projects that may take advantage of the ZTA and GPA, for purposes of converting existing street level parking into retail use, would be similar in nature and scale to the proposed development for this Project, localized construction and operational air quality impacts for such projects would likely be similar as those for this Project, and would also likely not generate the volume of traffic required to generate a CO hot spot. As such, the adoption of the associated ZTA and GPA would also not expose sensitive receptors to substantial pollutant concentrations.

For the reasons expounded above, the Project would not expose sensitive receptors to substantial pollutant concentrations. Impacts would be less than significant.

4.3d Would the project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
Less Than Significant Impact. The Project would convert a portion of the ground floor of the existing parking garage on-site to retail uses. The Project also proposes a ZTA and GPA which would be applicable to the Project Site for the proposed Project and to other potential sites within the Business Triangle that meet the ZTA and GPA criteria.

Construction
Odors that could be generated by construction activities are required to follow SCAQMD Rule 402 to prevent odor nuisances on sensitive land uses. SCAQMD Rule 402, Nuisance, states:

A person shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property.

Odors may be generated during construction activities such as, equipment diesel exhaust, architectural coatings, VOCs, and paving activities. However, these odors would be temporary, are not expected to affect a substantial number of people and would disperse rapidly. Therefore, impacts related to odors associated with the Project’s construction-related activities would be less than significant.

Regarding the associated ZTA and GPA for the Business Triangle, given that other potential development projects that may take advantage of the ZTA and GPA, for purposes of converting existing street level parking into retail use, would be similar in nature and scale to the proposed development for this Project, odor impacts for such development projects would be similar to that for the Project. It is likely that such development projects would also include construction Kimley»)Horn
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odors that would be temporary. Therefore, impacts related to odors associated with the adoption of the ZTA and GPA would be less than significant.

Operations
The SCAQMD CEQA Air Quality Handbook identifies certain land uses as sources of odors. These land uses include agriculture (farming and livestock), wastewater treatment plants, food processing plants, chemical plants, composting facilities, refineries, landfills, dairies, and fiberglass molding. The Project would not include any of the land uses that have been identified by the SCAQMD as odor sources. Therefore, the Project would not create objectionable odors and no impact would occur.

Additionally, given that such development projects that may take advantage of the ZTA and GPA would only involve the conversion of the ground floor of existing parking structures to retail businesses, such development projects would also not include any land uses that have been identified by the SCAQMD as odor sources. As such, the adoption of the associated ZTA and GPA would also not create objectionable odors, and no impact would occur.

Overall, for the reasons substantiated above, Project impacts would be less than significant.

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4.4 Biological Resources
Environmental Issue
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?
X
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?
X
c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to,
marsh, vernal pool, coastal, etc.) through direct
removal, filling, hydrological interruption, or other
means?
X
d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with
established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery sites?
X
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
X
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat conservation plan?
X
Impact Analysis

4.4a Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?
No Impact. The Project Site is occupied by an existing parking garage and office building. The Project Site contains minimal landscaping in the form of planter walls on the Project Site’s street frontage along north Roxbury Drive. The Project Site is in an urbanized area of the City and is surrounded by commercial uses. The Project would convert a portion of the ground floor of the existing parking garage on-site to retail uses. The Project also proposes a ZTA and GPA which Kimley»)Horn
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would be applicable to the Project Site for the proposed Project and to other potential sites within the Business Triangle that meet the ZTA and GPA criteria.

A review of the California Department of Fish and Wildlife (CDFW) California Natural Biodiversity Database (CNDDB) QuickView Tool found 14 threatened or endangered wildlife species in the Beverly Hills Quadrangle, which is the Project Site’s quadrangle.8 The 14 species are listed in Table

4.4-1: Species in the Vicinity of the Project Site.

Table 4.4-1: Species in the Vicinity of the Project Site Common Name Scientific Name
Amphibians
Western Spadefoot Spea hammondii
Birds
California Condor Gymnogyps californianus
Western Snowy Plover Charadrius nivosus nivosus
Coastal California Gnatcatcher Polioptila californica californica Least Bells Vireo Vireo bellii pusillus
Swainson’s Hawk Buteo swainsoni
Fish
Tidewater Goby Eucyclogobius newberryi
Insects
Monarch - California overwintering population Danaus plexippus plexippus pop. 1 Crotchs Bumble Bee Bombus crotchii
Vascular Plants
Brauntons Milk-vetch Astragalus brauntonii
Ventura Marsh Milk-vetch Astragalus pycnostachyus var. lanosissimus Coastal Dunes Milk-vetch Astragalus tener var. titi
Salt Marsh Birds-beak Chloropyron maritimum ssp. maritimum Source: CDFW, CNDDB QuickView Tool, 2024, https://apps.wildlife.ca.gov/bios6/?tool=cnddbqv.

There is currently no native habitat within or near the Project Site to support the listed species above. The Project Site is either out of range for these species or would not provide suitable habitat due to its highly disturbed nature and the fact that the Project Site is located in a highly urbanized area. Additionally, no natural biological resources or communities are present within, adjacent to, or in the vicinity of the Project Site. The ZTA and GPA associated with the Project would only affect development within the Business Triangle, which is developed with commercial and office uses and therefore also does not include any native habitat. Therefore, the Project, including adoption of the associated ZTA and GPA for the Business Triangle, would not result in a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations. There would be no impact.
8 California Department of Fish and Wildlife (CDFW), California Natural Biodiversity Database QuickView Tool, 2023, https://apps.wildlife.ca.gov/bios6/?tool=cnddbqv. Accessed June 12, 2024.

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4.4b Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?

4.4c Would the project have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No Impact. The Project Site is fully developed with an existing parking garage and office building and is in an urbanized area of the City. The Project would convert a portion of the ground floor of the existing parking garage on-site to retail uses. According to the United States Fish and Wildlife Service (USFWS) National Wetlands Inventory, no riparian habitats or wetlands are present on or adjacent to the Project Site.9 The nearest identified wetland is a freshwater emergent wetland located approximately 0.7-mile southwest of the Project Site in the City of Los Angeles. The ZTA and GPA associated with the Project would only affect development within the Business Triangle, which is developed with commercial and office uses and does not contain or is near any riparian habitats. Therefore, the Project, including adoption of the associated ZTA and GPA for the Business Triangle, would not have an adverse effect on riparian habitat or other sensitive natural community or on State or federally protected wetlands. No impacts would occur.

4.4d Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? No Impact. The Project Site is fully developed, surrounded by urban development, and is not part of an established wildlife corridor. The Project would convert a portion of the ground floor of the existing parking garage on-site to retail uses. Project development would occur within the Project Site and would not impact the movement of any native wildlife species. The Project Site currently contains minimal landscaping in the form of planter walls. The Project proposes to add approximately 300 square feet of planter area. It is unlikely that the existing or proposed landscaping would provide suitable habitat for any native resident or wildlife species. The ZTA and GPA associated with the Project would only affect development within the Business Triangle, which is also developed with commercial and office uses and is therefore not part of an established wildlife corridor. Therefore, the Project, including the adoption of the associated ZTA and GPA for the Business Triangle, would not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors or impede the use of native wildlife nursery sites. No impacts would occur.
9 United States Fish and Wildlife Service, National Wetlands Inventory, 2021, https://fwsprimary.wim.usgs.gov/wetlands/apps/wetlands-mapper/. Accessed on June 12, 2024.

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4.4e Would the project conflict with local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
No Impact. The Project would convert a portion of the ground floor of the existing parking garage on-site to retail uses. Provisions for the removal and planting of trees and landscaping in private property is addressed in BHMC Sections 10-3-2900 through 10-3-2906, which requires that persons desiring to remove trees from their own private property shall apply for a tree removal permit. The Project Site is entirely developed with a five-level parking garage consisting of two subterranean levels and three above-grade levels (including rooftop parking) and a 10-story office building. There is currently minimal landscaping within the Project Site in the form of planter walls on the Project Site’s street frontage along North Roxbury Drive. No trees exist within the Project Site; as such, no trees would be removed from the Project Site as a result of Project development. Similarly, the associated ZTA and GPA would only affect development within the Business Triangle that would convert the ground level of an existing parking structure to retail businesses. The proposed ZTA and GPA would be applicable to the Project Site for the Project and to other potential sites within the Business Triangle that meet the ZTA and GPA criteria for purposes of converting existing street level parking into retail use. However, as these other potential sites would similarly convert the ground level of a parking structure to retail business, it would similarly not require the removal of trees. As such, the proposed ZTA and GPA would not result in the removal of any trees. Therefore, the Project, including the adoption of the associated ZTA and GPA for the Business Triangle, would not conflict with local policies or ordinances protecting biological resources, including the City’s tree preservation policies. There would be no impact.

4.4f Would the project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan?
No Impact. The Project would convert a portion of the ground floor of the existing parking garage on-site to retail uses. No portions of the City are located within the boundaries of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan.10,11 Therefore, the Project would not result in conflicts with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan. Similarly, the associated ZTA and GPA would only affect development within the Business Triangle, which is not within the boundaries of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan. As such, there would be no impact.
10 CDFW, NCCP Plan Summaries, 2023, https://wildlife.ca.gov/conservation/planning/nccp/plans. Accessed June 12, 2024. 11 Data Basin, Habitat Conservation Plan (HCP), California, https://databasin.org/maps/new/#datasets=c116dd0d32df408cb44ece185d98731c. Accessed June 12, 2024.

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4.5 Cultural Resources
This Section is based on the Historical Resource Assessment and Project Impacts Analysis (Historical Resource Assessment) prepared by Architectural Resources Group (ARG) on April 2024 and peer reviewed by the City in April 2024; Archaeological Resources Assessment, prepared by Kimley-Horn in September 2024, which are included in their entirety in Appendix B: Historical Resources Assessment and Project Impacts Analysis and Appendix C: Archaeological Resources Assessment.

Environmental Issue
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource pursuant to
Section 15064.5?
X
b) Cause a substantial adverse change in the
significance of an archaeological resource pursuant
to Section 15064.5?
X
c) Disturb any human remains, including those
interred outside of dedicated cemeteries? X
Impact Analysis

4.5a Would the project cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5?
Less Than Significant Impact. The Project would convert a portion of the ground floor of the existing parking garage on-site to retail uses. The Project also proposes a ZTA and GPA which would be applicable to the Project Site for the proposed Project and to other potential sites within the Business Triangle that meet the ZTA and GPA criteria.

CEQA Guidelines Section 15064.5(a) generally defines a historic resource as a resource that is: (1) listed in, or eligible for listing in the California Register of Historic Resources (California Register); (2) listed in a local register of historical resources (as defined in Section 5020.1(k) of the PRC); (3) identified as significant in a historical resources survey meeting the criteria in Section 5024.1(g) of the PRC; and/or (4) determined to be a historical resource by a project’s lead agency.

Additionally, any object, building, structure, site, area, place, record, or manuscript which a lead agency determines to be historically significant or significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California may be considered a historical resource, provided the lead agency’s determination is supported by substantial evidence in light of the whole record. Generally, a resource shall be considered by the lead agency to be historically significant if the resource meets the criteria for listing on the California Register of Historical Resources (California Register).

The Project Site is developed with an existing parking garage that is attached to a commercial office building within the same parcel. The parking garage and office building were constructed Kimley»)Horn
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in 1970 and therefore meets the State-recommended threshold under which buildings may be eligible for listing in the National Register of Historic Places (National Register) if they are at least 50 years of age.

According to the Historical Resources Assessment prepared for the Project, the existing parking garage on-site and attached office building were constructed in 1970 during which Beverly Hills experienced an economic boom in the years following World War II. The parking garage and office building were originally owned and occupied by Kaplan, Livingston, Goodwin, Berkowitz, and Selvin, a now‐defunct entertainment law firm. The property is currently owned by Starpoint Properties. In a Beverly Hills Architectural Commission Report prepared by City Planning staff on April 17, 2019, the subject property is noted as a potentially eligible historic resource. The report states that “The building appears to be an eligible historic resource as a potential contributor to an eligible post‐war historic commercial district…” The report does not provide information related to the boundaries of the district, when or how the district was identified, or under which registration criteria or level of significance (under the National Register, California Register, or Beverly Hills Register of Historic Properties [Beverly Hills Register]) the district is eligible for designation. Because the subject property was cited as eligible by City staff as a potential contributor to an eligible postwar historic district in 2019, ARG did not re‐evaluate the property for eligibility as a district contributor. Rather, it is conservatively being treated as a contributor to the potential district and the district as a historical resource under CEQA.

The parking garage and office building do not appear to be individually eligible for listing the National Register, California Register, or Beverly Hills Register. While the parking garage and office building are more than 45 years old (Beverly Hills Landmark Designation Criterion A.1) and retain substantial integrity as defined by the National Park Service (Beverly Hills Landmark Designation Criterion A.3), research failed to: associate them with events that have made a significant contribution to broad patterns of history (National Register and California Register Criteria A/1); associate them with the lives of any persons significant to local, California, or U.S. history (National Register and California Register Criteria B/2); identify distinctive characteristics of a type period, or method of construction, or that represents the work of a master, or that possess high artistic values, or that represents a significant and distinguishable entity whose components may lack individual distinction (National Register, California Register, and Beverly Hills Landmark Designation Criteria C/3/A.2); identify whether the parking garage and office building have yielded or may likely yield information important to prehistory or history (National Register and California Register Criteria D/4); or identify whether the parking garage or office building have continued historic value to the community such that its designation as Beverly Hills Landmark is reasonable and necessary to promote and further the purposes of the City’s Historic Preservation Ordinance (Beverly Hills Register Criterion A.4). While the subject property meets Beverly Hills Register Criteria A.1 and A.3, it does not meet Beverly Hills Landmark Designation Criteria A.2 and A.4. Because a property must satisfy all four Part A eligibility criteria for consideration as a Beverly Hills Landmark in the City, the parking garage and office building are not eligible for local designation and has thus not been evaluated under Part B eligibility criteria.

Because the historical resource as defined by CEQA is the postwar commercial historic district and not the individual parking garage and office building, the focus of the analysis provided herein is the potential material impairment of the subject property as a district contributor and Kimley»)Horn
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the ability of the historic district to continue to convey its significance after completion of the Project.

The Project would not result in the demolition of the parking garage or office building. The Project proposes changes to the exterior of the parking garage, including removal of original aluminum screens/panels and raised planters in four bays fronting North Roxbury Drive and the installation of four glazed retail storefront assemblies. However, the overall height, form, massing, setbacks, design, and majority of the property’s original features and materials (i.e. its simplified grid pattern, vertical concrete piers, and size/pattern of its window and garage bays, as noted in the 2019 Architectural Commission Report), would remain. No changes would be made to the exterior of the office building under the Project.

Because the Project would preserve the vast majority of the parking garage’s and office building’s extant historic materials and features, the parking garage and office building would retain the physical characteristics that account for their potential eligibility as a contributor to the eligible postwar commercial historic district identified by City staff in 2019.

Additionally, the Project proposes a ZTA and GPA to allow for additional floor area for the conversion to not exceed 10 percent of the maximum allowable floor area for the site. The associated ZTA and GPA would only affect development within the Business Triangle. Other potential development projects within the Business Triangle that may take advantage of the ZTA and GPA, for purposes of converting existing street level parking into retail use and should they meet the criteria, would be subject to the same CEQA requirements as the Project, and potential impacts to historic resources would be evaluated as part of those projects’ environmental analysis. The ZTA and GPA would only be for the proposed additional floor area within the ground floor of the parking garage, which would likely not result in modifications that would result in the building losing its potential eligibility as a contributor. As such, the adoption of the ZTA and GPA would have a less than significant impact on historical resources.

Therefore, the Project, including the adoption of the associated ZTA and GPA for the Business Triangle, would not cause a substantial adverse change in the significance of a historical resource, and impacts would be less than significant.

4.5b Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5?
Less Than Significant Impact. The Project would convert a portion of the ground floor of the existing parking garage on-site to retail uses. The Project also proposes a ZTA and GPA which would be applicable to the Project Site for the proposed Project and to other potential sites within the Business Triangle that meet the ZTA and GPA criteria.

The records search conducted for the Archaeological Resources Assessment at the South Central Coastal Information Center (SCCIC) on June 27, 2024 identified 24 cultural resources studies that have previously taken place within a 0.5-mile radius of the Project Site. No previous studies have taken place and no resources have been recorded within the Project Site.

A Sacred Lands File (SLF) search conducted with the Native American Heritage Commission (NAHC) resulted in positive findings within the vicinity of the Project area, and the NAHC Kimley»)Horn
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recommended further consultation with the Gabrieleño/Tongva San Gabriel Band of Mission Indians in accordance with Assembly Bill (AB) 52. The City received a response from the Gabrieleño Band of Mission Indians - Kizh Nation Tribe on July 13, 2024, indicating they had an interest in the Project at the time. A tribal consultation call was scheduled between the City and the Gabrieleño Band of Mission Indians - Kizh Nation Tribe on August 16, 2024. During the call after learning that the Project would involve no ground disturbance, the Gabrieleño Band of Mission Indians - Kizh Nation Tribe expressed no concerns with the Project. The Gabrieleño Band of Mission Indians - Kizh Nation Tribe requested that the City reach out to the Tribe for further assessment should there be a change to the Project. AB 52 and SB 18 consultation with the Gabrieleño Band of Mission Indians - Kizh Nation Tribe was concluded afterwards. The City also received a response from the Gabrielino Tongva Indians of California Tribal Council on July 24, 2024, indicating interest in the Project at the time. However, after City staff confirmed via email that the Project would involve no ground disturbance, the Gabrielino Tongva Indians of California Tribal Council expressed no concerns with the Project via email on July 24, 2024, and AB 52 and SB 18 tribal consultation efforts with the Gabrielino Tongva Indians of California Tribal Council concluded afterwards. To date, no other responses from the Native American community have been received as part of the AB 52 and SB 18 tribal consultation effort.

A review of available geologic maps, topographic maps, and historic aerial imagery was conducted for the Project Site. Geologic maps show that the Project Site is underlain by younger Quaternary alluvium (Qya). Human occupation took place in the more recent Holocene era and, as such, younger geologic units such as those within the Project Site typically have a moderateto-high potential for archaeological resources at surface or near surface level. However, historic aerials and topographic maps show that development within the Project Site, and therefore, ground disturbance, occurred prior to earliest imagery on file from 1947. Additionally, the Project Site looks to have been redeveloped at least once, and currently contains a below-ground garage that expands two levels. As a result of this review, it is apparent that the Project Site has been subjected to an extensive amount of ground disturbance, including at least 40 to 50 feet below surface to accommodate a subterranean two-story parking garage.

Since no archaeological resources were identified within the Project Site as a result of the records search and associated research, it is unlikely that undisturbed archaeological resources are present within the Project Site given the extent of prior development. Additionally, the Project would involve only minimal ground-disturbing activities within the existing utility right-of-way adjacent to the Project Site for connection to utility infrastructure, and would not involve excavation or grading. As such, there is little potential for archaeological resources that meet the definition of “Historical Resources” or “Unique Archaeological Resources”, as defined by CEQA, to be identified within the Project area as a result of the Archaeological Resources Assessment.

Regarding the associated ZTA and GPA, the ZTA and GPA would only affect development within the Business Triangle, which also has been heavily disturbed and is entirely developed with commercial and office uses. Additionally, given that other potential development projects within the Business Triangle that may take advantage of the ZTA and GPA, for purposes of converting existing street level parking into retail use, would similarly involve the conversion of the ground level of an existing parking structure abutting a public street to retail businesses, such would similarly involve minimal ground-disturbing activities. Nevertheless, such projects are subject to Kimley»)Horn
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applicable regulations formulated to avoid significant archaeological resource impacts. In addition, as applicable, such projects would be required to conduct site-specific SLF or records searches with the SCCIC to determine if any applicable results would affect the related projects.

Additionally, such other potential development projects would be subject to the same CEQA requirements as the Project and potential impacts to archaeological resources would be evaluated as part of those projects’ environmental analysis. As such, the adoption of the associated ZTA and GPA would have a less than significant impact on archaeological resources.

Therefore, impacts to archaeological resources would be less than significant.

4.5c Would the project disturb any human remains, including those interred outside of dedicated cemeteries?
Less Than Significant Impact. The Project would convert a portion of the ground floor of the existing parking garage on-site to retail uses. The Project also proposes a ZTA and GPA which would be applicable to the Project Site for the proposed Project and to other potential sites within the Business Triangle that meet the ZTA and GPA criteria.

Given the Project Site has been subject to extensive disruption, the potential to disturb or impact any human remains is unlikely. Additionally, the Project would involve only minimal grounddisturbing activities within the existing utility right-of-way adjacent to the Project Site for connection to utility infrastructure and would not involve excavation or grading. However, there is always a possibility that that human remains could be interred beneath the Project Site. If human remains are found, the Project would be required to comply with PRC Section 5097, et seq., and California State Health and Safety Code (HSC) Sections 7050.5-7055 that describe the general provisions regarding human remains, including the requirements if any human remains are accidentally discovered during excavation of a site. The requirements and procedures set forth in PRC Section 5097.98 would be implemented if human remains are discovered, including notification of the County Coroner, notification of the NAHC if the remains are determined to be prehistoric, and consultation with the individual identified by the NAHC to be the “most likely descendant.” If human remains are found during excavation, the Project will comply with California State HSC Section 7050.5 in which excavation must stop within 50 feet of the discovery until the County Coroner has made a determination of origin and disposition of the remains pursuant to PRC Section 5097.98 and appropriate recommendations have been made for the treatment and disposition of the remains. Similarly, other potential development within the Business Triangle that may take advantage of the ZTA and GPA, for purposes of converting existing street level parking into retail use, would be subject to the same regulations regarding the inadvertent discovery of human remains. Compliance with the established regulatory framework would ensure the proper treatment of human remains should they be encountered.

Therefore, impacts would be less than significant.

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4.6 Energy
This Section is based on the Energy Calculations prepared by Kimley-Horn, which are included in their entirety in Appendix D: Energy Calculations.

Environmental Issue
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary
consumption of energy resources, during project
construction or operation?
X
b) Conflict with or obstruct a state or local plan for
renewable energy or energy efficiency?
X
Impact Analysis

4.6a Would the project result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation?
Less Than Significant Impact. The Project would convert a portion of the ground floor of the existing parking garage on-site to retail uses. The Project also proposes a ZTA and GPA which would be applicable to the Project Site for the proposed Project and to other potential sites within the Business Triangle that meet the ZTA and GPA criteria.

Southern California Edison (SCE) provides electricity to the Project area. Total electricity demand in SCE’s service area is forecast to increase by approximately 8,000 GWh—or 8 billion kWh— between 2024 and 2030.12
Construction
The energy consumption associated with Project construction includes primarily diesel fuel consumption from on-road hauling trips and off-road construction diesel equipment, and gasoline consumption. Temporary electric power for as-necessary lighting and electronic equipment (such as computers inside temporary construction trailers, and heating, ventilation, and air conditioning) would be connected to existing power options. The amount of electricity used during construction would be minimal; typical demand would stem from the use of electrically powered hand tools and several construction trailers by managerial staff during the hours of construction activities. The majority of the energy used during construction would be from petroleum (e.g., gasoline and diesel).

Construction activity is anticipated to occur over a duration of approximately 14 months, beginning as early as January 2025 and ending as early as February 2026. The energy associated 12 California Energy Commission, California Energy Demand 2018-2030 Revised Forecast, Figure 49 Historical and Projected Baseline Consumption SCE Planning Area, 2018, https://www.enreergy.ca.gov/data-reports/reports/integrated-energypolicy-report/2017-integrated-energy-policy-report/2017-iepr. Accessed July 25, 2024.

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with Project construction includes diesel fuel from on-road hauling trips, vendor trips, and offroad construction diesel equipment, as well as gasoline fuel from on-road worker commute trips.

Because construction activities typically do not require natural gas, it is not included in the following discussion. The methodology for each category is discussed below. Quantifications of construction energy are provided by the Project below; see Table 4.6-1: Energy Use During Construction.

Table 4.6-1: Energy Use During Construction
Source Project Construction
Usage1
Los Angeles County
Annual Energy
Consumption
Percentage of
Countywide
Consumption
Diesel Use Gallons
On-Road Construction Trips 475
532,570,627

0.00009%
Off-Road Construction
Equipment 16,252 0.00305%
Construction Diesel Total 16,727 0.00314%
Gasoline Gallons
On-Road Construction Trips 552 3,536,229,368 0.00002%

1. Fuel usage based on Climate Registry conversion ratios (General Reporting Protocol, 2022).

Source: Refer to the energy calculations in Appendix E.

Fuel
During Project construction, transportation energy use would depend on the type and number of trips, vehicle miles traveled (VMT), fuel efficiency of vehicles, and travel mode. Transportation energy use during construction would be from transport and use of construction equipment, delivery vehicles and haul trucks, and construction employee vehicles that would use diesel fuel/gasoline. The use of energy resources by these vehicles would fluctuate according to the construction phase and would be temporary. Project construction would total approximately 16,727 gallons of diesel and 552 gallons of gasoline. As shown above in Table 4.6-1, the proposed Project’s fuel from the entire construction period would approximately 0.00314 percent of Countywide diesel and 0.00002 percent of Countywide gasoline consumption.

Impacts related to transportation energy use during Project construction would be temporary and would not require expanded energy supplies or construction of new infrastructure.

Therefore, Project construction would not result in wasteful, inefficient, or unnecessary fuel consumption.

Operations
The energy consumption associated with Project operations would occur from building energy (electricity) use, water use, and transportation-related fuel use. Annual Energy use during Project operation is shown in Table 4.6-2: Annual Energy Consumption During Operations.

Table 4.6-2: Annual Energy Consumption During Operations Source Project Operational
Usage
Los Angeles County
Annual Energy
Consumption
Percentage Increase
Countywide
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Electricity Use GWh
Building Energy1 0.068 68,485 0.00010%
Water Conveyance 0.003 0.00001%
Natural Gas Use Therms/Year (therms/year)
Area 335 2,820,285,935 0.00001%
Diesel Use Gallons/Year
Mobile2 3,910 535,038,344 0.00073%
Gasoline Use Gallons/Year
Mobile2 39,728 3,446,400,365 0.00115%

1. The electricity and natural gas usage are based on Project-specific estimates and CalEEMod defaults.

2. Calculated based on the mobile source fuel use based on VMT and fleet-average fuel consumption (in gallons per mile) from EMFAC2021 for operational year 2026.

Source: Refer to the energy calculations in Appendix E.

Electricity
The Project’s estimated operational electrical demand would total approximately 0.071 GWh per year. This would represent 0.0001 percent of SCE’s forecast 2026 increased demand, thus, would result in a negligible increased demand compared to SCE’s overall demand. It is also noted that the Project (i.e., design and materials) would be subject to compliance with the 2022 Building Energy Efficiency Standards. The Project would also be required to comply with CALGreen, which establishes planning and design standards for sustainable site development, energy efficiency (more than California Energy Code requirements), water conservation, material conservation, and internal air contaminants. Due to energy efficiency measures incorporated into the facility, Project operations would not result in wasteful, inefficient, or unnecessary consumption of energy, or wasteful uses of electricity resources.

Natural Gas
Southern California Gas Company (SoCalGas) provides natural gas to the Project area. The Project’s estimated operational natural gas demand would total approximately 335 therms per year. This would represent 0.00001 percent of SoCalGas’s forecast 2026 increased demand, thus would result in a negligible increased demand compared to SoCalGas’s overall demand.

Therefore, Project operations would not result in wasteful, inefficient, or unnecessary consumption of natural gas resources.

Fuel
As shown in Table 4.6-2, during Project operations, diesel fuel consumption would be approximately 3,910 gallons per year. The Project would generate 370 net daily vehicle trips. As shown above in Table 4.6-2, the County’s annual diesel fuel use in 2026 is anticipated to be 535,038,344 gallons.13 Estimated Project operational diesel fuel use would represent 0.001 percent of the County’s current diesel use. Thus, the proposed Project would not result in a substantial demand for energy that would require expanded supplies or the construction of other infrastructure or expansion of existing facilities. Estimated Project operational gasoline fuel use would be approximately 39,728 gallons per year, which represent 0.001 percent of the County’s current gasoline use. Thus, the proposed Project would not result in a substantial demand for 13 California Air Resources Board, EMFAC2021.

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energy that would require expanded supplies or the construction of other infrastructure or expansion of existing facilities. Therefore, Project operations would not result in wasteful, inefficient, or unnecessary fuel consumption. In addition, this analysis includes a conservative estimate of fuel usage.

None of the projected energy uses exceed one percent of the corresponding County use. Project operations would not substantially affect existing energy or fuel supplies or resources. Further, the Project would be subject to compliance with applicable energy standards and new capacity would not be required.

Proposed ZTA and GPA Energy Impacts
Regarding the associated ZTA and GPA for the Project, given that the nature of other potential development projects within the Business Triangle that may take advantage of the ZTA and GPA, for purposes of converting existing street level parking into retail use, would be similar in nature and scale to the proposed development for this Project in that they would also involve the conversion of the ground floor of an existing parking structure to retail businesses, construction and operational energy consumption of the other potential development projects would likely be similar to that for this Project. As with the Project, these other potential development projects would also be required to comply with relevant CALGreen regulations and standards, further reducing energy consumption. Should any potentially significant energy impacts occur, these projects, should they become reasonably foreseeable, would be required to complete a projectspecific CEQA analysis at that time and mitigate such impacts to a less than significant level, where applicable. As such, energy consumption impacts from adoption of the associated ZTA and GPA would be less than significant.

Therefore, the Project, including the adoption of the associated ZTA and GPA for the Business Triangle, would result in a less than significant impact concerning consumption of energy resources.

4.6b Would the project conflict with or obstruct a state or local plan for renewable energy or energy efficiency?
Less Than Significant Impact. The Project would convert a portion of the ground floor of the existing parking garage on-site to retail uses. The Project also proposes a ZTA and GPA which would be applicable to the Project Site for the proposed Project and to other potential sites within the Business Triangle that meet the ZTA and GPA criteria.

Project design and operations would be subject to compliance with State Building Energy Efficiency Standards, appliance efficiency regulations, and CALGreen Code standards. As concluded in Threshold 4.6a, Project construction and operations would not result in wasteful, inefficient, or unnecessary consumption of energy resources. The Project would not conflict with or obstruct a State or local plan for renewable energy or energy efficiency. Although the City has not adopted any specific plans that address energy efficiency, the City has released the Draft Beverly Hills Climate Action and Adaptation Plan (CAAP) in March 2023 to help the City comply with the City’s GHG emissions reduction goals through implementation of many measures that also result in energy conservation and efficiency. As such, the Project would be designed to meet all applicable State building energy efficiency standards as well as the City’s energy efficiency Kimley»)Horn
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standards. Similarly, the associated ZTA and GPA would only affect development within the Business Triangle, which would also be subject to compliance with pertinent specific plans that address energy efficiency, and the City’s energy efficiency standards. Therefore, the Project, including the adoption of the associated ZTA and GPA for the Business Triangle, would not conflict with or obstruct a State or local plan for renewable energy or energy efficiency. Impacts would be less than significant.

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4.7 Geology and Soils
Environmental Issue
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a) Directly or indirectly cause potential substantial
adverse effects, including the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42.

X
ii) Strong seismic ground shaking? X
iii) Seismic-related ground failure, including
liquefaction? X
iv) Landslides? X
b) Result in substantial soil erosion or the loss of
topsoil? X
c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the
Project, and potentially result in on- or off-site
landslide, lateral spreading, subsidence,
liquefaction or collapse?
X
d) Be located on expansive soil, as defined in Table 18- 1-B of the Uniform Building Code (1994), creating
substantial direct or indirect risks to life or
property?
X
e) Have soils incapable of adequately supporting the
use of septic tanks or alternative waste water
disposal systems where sewers are not available for
the disposal of waste water?
X
f) Directly or indirectly destroy a unique
paleontological resource or site or unique geologic
feature?
X
■■■■
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Impact Analysis

4.7ai Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, or death involving the rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.

Less Than Significant Impact. The Alquist-Priolo Earthquake Fault Zoning Act was passed in 1972 to mitigate the hazard of surface faulting to structures for human occupancy. The Act’s main purpose is to prevent the construction of buildings used for human occupancy on the surface trace of active faults. The Act requires the State Geologist to establish regulatory zones, known as Alquist-Priolo Earthquake Fault Zones, around the surface traces of active faults and to issue appropriate maps. If an active fault is found, a structure for human occupancy cannot be placed over the trace of the fault and must be set back from the fault (typically 50 feet). The Project would convert a portion of the ground floor of the existing parking garage on-site to retail uses.

The Project also proposes a ZTA and GPA which would be applicable to the Project Site for the proposed Project and to other potential sites within the Business Triangle that meet the ZTA and GPA criteria.

According to the California Geological Survey (CGS), the Project Site is within the Santa Monica Fault Zone, which is an Alquist-Priolo Earthquake Fault Zone in the Beverly Hills Quadrangle. 14 Additionally, Cross Fault #2, an inferred fault, passes through the Project Site. According to the California Geological Survey (CGS), Cross Fault #2, an inferred fault, passes through the Project Site.15 However, the corresponding Fault Evaluation Report from CGS states that this fault became inactive about 200,000 years ago.16 Therefore, the likelihood of surface rupture occurring due to seismic activity from Cross Fault #2 is low. Nevertheless, as the Project Site is within the Santa Monica Fault Zone, which is an Alquist-Priolo Earthquake Fault Zone, the potential for surface rupture at the Project Site due to seismic activity from the Santa Monica Fault Zone is high, and the Project could cause potential substantial adverse effects involving rupture of a known earthquake fault. In accordance with the 2022 California Building Code (CBC) and City Building Code, the Project would involve seismic retrofitting of the parking garage to accommodate seismic loading. Similarly, regarding the ZTA and GPA, although there are potentially active faults located within the Business Triangle, development within the Business Triangle would also be subject to regulations from the CBC and City Building Code. Through compliance with existing pertinent regulations, the Project, including the adoption of the associated ZTA and GPA for the Business Triangle, would not result in substantial damage to structures or infrastructure or expose people to substantial risk of injury involving the rupture of a known earthquake fault. Impacts from fault rupture would be less than significant. 14 California Geological Survey (CGS), Earthquake Zones of Required Investigation Beverly Hills Quadrangle, 2018. 15 CGS, Plate 1 – FER 259, 2018.
16 CGS, Fault Evaluation Report FER 259, 2018, page 17.

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4.7aii Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, or death involving strong seismic ground shaking? Less Than Significant Impact. The Project Site is within the Southern California region, a seismically active area. As described in Threshold 4.7ai, although Cross Fault #2 cross through the Project Site, the fault became inactive about 200,000 years ago; therefore, the likelihood of seismic activity occurring from this fault is low. However, the Project Site is within the Santa Monica Fault Zone, a designated Alquist-Priolo Earthquake Fault Zone in the Beverly Hills Quadrangle. Additionally, several other active and potentially active faults are mapped within 10 kilometers of the Project Site, most notably the Newport-Inglewood, Santa Monica, and Hollywood Fault Zones.17 Thus, the Project Site is exposed to potential risk involving strong seismic ground shaking. Accordingly, the Project would be subject to compliance with the most recent versions of the CBC and City Building Code, which are intended to minimize potential risk involving seismic ground shaking. Similarly, regarding the ZTA and GPA, although there are potentially active faults located within the Business Triangle, development within the Business Triangle would also be subject to regulations from the CBC and City Building Code. Therefore, following compliance with the established regulatory framework, the Project, including the adoption of the associated ZTA and GPA for the Business Triangle, would not cause potential substantial adverse effects involving strong seismic ground shaking. Impacts would be less than significant.

4.7aiii Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, or death involving seismic‐related ground failure, including liquefaction?
No Impact. Liquefaction is a seismic phenomenon in which loose, saturated, relatively uniform fine- to medium-grained clean cohesionless soils behave similarly to a fluid when subjected to high-intensity and long-duration ground shaking. Three criteria must be met for liquefaction to occur: 1) loose, clean granular soils, 2) shallow groundwater, and 3) strong, long-duration ground shaking.

The Project Site is currently developed with an existing parking garage with two subterranean levels and three above-grade levels (including rooftop parking) and an office building. The Project would convert a portion of the ground floor of the existing parking garage on-site to retail uses.

Construction of the Project would be contained entirely within the ground floor of the parking garage and would not encroach on other levels of the structure; accordingly, the Project is not anticipated to involve any soil-disturbing or dewatering activities. Additionally, the CGS’ Earthquake Zones of Required Investigation for the Beverly Hills Quadrangle Map indicates that the Project Site is not within an area potentially susceptible to liquefaction.18 Similarly, the associated ZTA and GPA would not cause potential substantial adverse effects involving seismicrelated ground failure, as the Business Triangle is not located within an area potentially susceptible to liquefaction. Therefore, the Project, including the adoption of the associated ZTA 17 CGS, Alquist-Priolo Site Investigation Reports, https://maps.conservation.ca.gov/cgs/informationwarehouse/apreports/.

Accessed June 14, 2024.
18 CGS, Earthquake Zones of Required Investigation Beverly Hills Quadrangle.

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and GPA for the Business Triangle, would not cause potential adverse effects involving seismic‐ related ground failure, including liquefaction. No impacts would occur.

4.7aiv Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, or death involving landslides? No Impact. The Project would convert a portion of the ground floor of the existing parking garage on-site to retail uses. Landslides are mass movements of the ground that include rock falls, relatively shallow slumping and sliding of soil, and deeper rotational or transitional movement of soil or rock. The topography of the Project Site and surrounding area are flat. No landslides are located on or near the Project Site. Additionally, according to the CGS’ Earthquake Zones of Required Investigation for the Beverly Hills Quadrangle Map, the Project Site is not within an earthquake-induced landslide zone.19 Therefore, the potential for seismically-induced landslides to impact the Project Site is very low. Similarly, regarding the associated ZTA and GPA, as the area encompassing the Business Triangle is relatively flat, the likelihood for seismically-induced landslides to impact the Business Triangle is also very low. As such, the Project, including the adoption of the associated ZTA and GPA for the Business Triangle, would not directly or indirectly cause potential substantial adverse effects, including the risk of loss, or death involving landslides. No impacts would occur.

4.7b Would the project result in substantial soil erosion or the loss of topsoil? Less Than Significant Impact. The Project Site is located in an urbanized area, has been previously disturbed by past development activities, and is currently completely developed with an existing five-level parking garage consisting of two subterranean levels and three above-grade levels (including rooftop parking) and office building. The Project involves the conversion of a portion of the ground floor of the parking garage to retail space and associated hardscape improvements, including the addition of approximately 300 square feet of planter area.

The Project would not involve any excavation or grading. The Project would include minor ground-disturbing activities within the existing utility right-of-way adjacent to the Project Site to allow for connection to existing utility infrastructure adjacent to the Project Site. During this work, soil would be exposed. The Applicant would be required to implement SCAQMD Rule 403 – Fugitive Dust to minimize wind and water-borne erosion at the Project Site. Additionally, the Applicant would be required to comply with CALGreen Building Code Section 5.106.1, which states that newly constructed projects and additions which disturb less than one acre of land shall prevent the pollution of stormwater runoff from the construction activities through the implementation of the local stormwater management and/or erosion control ordinance and best management practices (BMPs). Additionally, the associated ZTA and GPA would only affect development within the Business Triangle. Development projects within the Business Triangle that may take advantage of the ZTA and GPA, for purposes of converting existing street level parking into retail use, would similarly convert the ground level of a parking structure to retail business and may not involve excavation or grading as the work would be confined to the ground level of existing parking structures that may involve soil movement, which would be required to comply with the same regulations pertaining to the minimization of soil erosion or the loss of 19 CGS, Earthquake Zones of Required Investigation Beverly Hills Quadrangle.

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topsoil. Therefore, through compliance with existing regulations, the Project, including the adoption of the associated ZTA and GPA for the Business Triangle, would not result in substantial erosion or the loss of topsoil. Therefore, impacts would be less than significant.

4.7c Would the project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? No Impact. The Project would convert a portion of the ground floor of the existing parking garage on-site to retail uses. The Project Site would not be subject to seismically-induced liquefaction (see Threshold 4.7a.iii) or landslides (see Threshold 4.7a.iv).

For lateral spreading to occur, the liquefiable zone must be continuous, unconstrained laterally, and free to move along gently sloping ground toward an unconfined area. Since liquefaction is not considered a hazard at the Project Site (see Threshold 4.7a.iii), earthquake-induced lateral spreading is also not considered a hazard at the Project Site. Given that other potential development projects within the Business Triangle that may take advantage of the associated ZTA and GPA would similarly convert the ground level of an existing parking structure abutting a public street to retail businesses, such projects would likely not be susceptible to liquefaction.

Additionally, lateral spreading is also not considered a hazard within the Business Triangle.

Therefore, there would be no impacts associated with lateral spreading.

Ground surface subsidence generally results from the extraction of fluids or gas from the subsurface, which can result in a gradual lowering of the ground level. The Project Site is not mapped in an area of subsidence by the U.S. Geological Survey (USGS). 20 Furthermore, as
construction of the Project would be contained entirely within the ground floor of the parking garage and would not encroach on other levels of the structure or require excavation or grading, the Project would not involve any dewatering activities that could cause ground subsidence on the Project Site. Additionally, the ZTA and GPA associated with the Project would only affect similar development within the Business Triangle, which is also not in an area of subsidence mapped by USGS. Additionally, as with the Project, similar development projects within the Business Triangle would also be contained within the ground levels of existing parking garages and would likely not require construction activities that could cause ground subsidence on their sites. Therefore, the potential for ground collapse and other adverse effects due to subsidence to occur on the Project Site is considered low, and there would be no impact.

Regarding collapsible soils, construction of the Project would be contained entirely within the ground floor of the parking garage and would not encroach on other levels of the structure.

Accordingly, the Project would not involve any soil movement. Development projects within the Business Triangle that may take advantage of the ZTA and GPA, , for purposes of converting existing street level parking into retail use and should they meet the criteria, and that may involve soil movement would be required to comply with CBC and City Building Code regulations to minimize risk pertaining to collapsible soils. Therefore, the Project’s potential for collapse is considered low, and there would be no impact.
20 United States Geological Survey, Areas of Land Subsidence in California, https://ca.water.usgs.gov/land_subsidence/california-subsidence-areas.html. Accessed June 26, 2024.

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For the reasons substantiated above, Project development, including the adoption of the associated ZTA and GPA for the Business Triangle, would not cause substantial hazards arising from unstable soils. There would be no impact.

4.7d Would the project be located on expansive soil, as defined in Table 18‐1‐B of the Uniform Building Code (1994), creating substantial direct or indirect risk to life or property? No Impact. The Project Site is currently developed with an existing parking garage with two subterranean levels and three above-grade levels (including rooftop parking) and ten-story office building. The Project involves the conversion of a portion of the ground floor of the parking garage to retail space.

The Project would not involve any excavation or grading and would only include minor grounddisturbing activities within the existing utility right-of-way adjacent to the Project Site to allow for connection to existing utility infrastructure adjacent to the Project Site. Accordingly, the Project would not involve substantial soil movement that would create substantial risk involving expansive soils. Additionally, the associated ZTA and GPA would only affect development within the Business Triangle. Development projects within the Business Triangle that may take advantage of the ZTA and GPA, for purposes of converting existing street level parking into retail use, would be similar in nature and scale to the Project and may not involve excavation or grading as the work would be confined to the ground level of existing parking structures. Projects that may involve soil movement would be required to comply with CBC and City Building Code regulations to minimize risk pertaining to expansive soils. Therefore, no impacts would occur.

4.7e Would the project have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water?
No Impact. The Project would construct sewer laterals that would connect to existing sewer lines in surrounding roadways. The Project does not propose to use septic tanks or alternative wastewater disposal systems. Temporary sanitary systems would be brought in during construction and removed when the Project becomes operational. The Project would be directly connected to existing sewer lines upon operation. Additionally, the ZTA and GPA would only affect development within the Business Triangle, which is comprised of commercial and office uses and does not include or would likely propose the use of septic tanks or alternative wastewater disposal systems. Development within the Business Triangle would also be connected to existing sewer lines. Therefore, there would be no impact.

4.7f Would the project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
Less Than Significant Impact. Paleontological resources are the fossilized remains of organisms from prehistoric environments found in geologic strata. These resources are valued for the information they yield about the earth’s history and its past ecological settings. The potential for fossil occurrence depends on the rock type exposed at the surface in a given area.

The Project Site is in an urbanized area, has been previously disturbed by past development activities, and is currently completely developed with an existing five-level parking garage Kimley»)Horn
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consisting of two subterranean levels and three above-grade levels (including rooftop parking) and an office building. The Project involves the conversion of a portion of the ground floor of the parking garage to retail space. The Project would not involve any excavation or grading and would only include minor ground-disturbing activities within the existing utility right-of-way adjacent to the Project Site to allow for connection to existing utility infrastructure adjacent to the Project Site. As the soils within the utility right-of-way have been previously disturbed, the likelihood for paleontological resources to exist is low. There are no unique geologic features on-site.

Additionally, the associated ZTA and GPA would only affect development within the Business Triangle, which is also heavily disturbed and completely developed with commercial and office uses and is therefore unlikely to contain paleontological resources. Therefore, the Project, including the adoption of the associated ZTA and GPA for the Business Triangle, would not destroy a unique paleontological resource or site or unique geologic feature. There would be no impact.

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4.8 Greenhouse Gas Emissions
This Section is based on the Greenhouse Gas Emissions Assessment prepared by Kimley-Horn, which is included in its entirety in Appendix E: Greenhouse Gas Emissions Assessment.

Environmental Issue
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a) Generate greenhouse gas emissions, either directly
or indirectly, that may have a significant impact on
the environment?
X
b) Conflict with applicable plan, policy, or regulation adopted for the purpose of reducing the emissions
of greenhouse gases?
X
Greenhouse Gas Emissions Methodology
Addressing greenhouse gas (GHG) emissions generation impacts requires an agency to determine what constitutes a significant impact. Amendments to the CEQA Guidelines specifically allow lead agencies to determine thresholds of significance that illustrate the extent of an impact and are a basis from which to apply mitigation measures. This means that each agency is left to determine whether a project’s GHG emissions will have a “significant” impact on the environment. Pursuant to CEQA Guidelines Section 15064.4(a), agencies are to use “careful judgment” and “make a good-faith effort, based to the extent possible on scientific and factual data, to describe, calculate or estimate” the project’s GHG emissions.

On September 28, 2010, air quality experts serving on the SCAQMD GHG CEQA Significance Threshold Stakeholder Working Group recommended an interim screening level numeric brightline threshold of 3,000 MTCO2e annually. The Working Group was formed to assist the SCAQMD’s efforts to develop a GHG significance threshold and is composed of a wide variety of stakeholders including the State Office of Planning and Research (OPR), CARB, the Attorney General’s Office, various city and county planning departments. The numeric bright line and efficiency-based thresholds, which were developed for consistency with CEQA requirements for developing significance thresholds, are supported by substantial evidence and provide guidance to CEQA practitioners and lead agencies for determining whether GHG emissions from a proposed project are significant. Therefore, this analysis relies on SCAQMD’s recommended Tier 3 screening thresholds to determine the significance of a project’s GHG emissions. To provide the most conservative analysis, the City will apply the 3,000 metric tons of carbon dioxide equivalent (MTCO2e) per year screening threshold recommended by SCAQMD for residential and commercial projects.

The Project’s construction and operational emissions were calculated using the California Emissions Estimator Model version 2022.1 (CalEEMod). Details of the modeling assumptions and emission factors are provided in Appendix E. For construction, CalEEMod calculates emissions from off-road equipment usage and on-road vehicle travel associated with haul, delivery, and ■■■■
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construction worker trips. GHG emissions during construction were forecasted based on the proposed construction schedule and applying the mobile-source and fugitive dust emissions factors derived from CalEEMod. The Project’s construction-related GHG emissions would be generated from off-road construction equipment, on-road hauling and vendor (material delivery) trucks, and worker vehicles.

The Project’s operational GHG emissions would be generated by vehicular traffic, area sources (e.g., landscaping maintenance, consumer products), electrical generation, natural gas consumption, water supply and wastewater treatment, and solid waste. These emissions categories are discussed below.
• Area Sources. Area source emissions occur from architectural coatings, landscaping equipment, and consumer products. Additionally, the primary emissions from architectural coatings are volatile organic compounds, which are relatively insignificant as direct GHG emissions.
• Energy Consumption. Energy consumption consists of emissions from project consumption of electricity and natural gas. Primary uses of electricity and natural gas by the Project would be for space heating and cooling, water heating, ventilation, lighting, appliances, and electronics. Energy emissions are calculated based on consumption rates and emissions factors in CalEEMod. No changes were made to the default energy usage consumption rates or emissions factors.
• Solid Waste. Solid waste releases GHG emissions in the form of methane when these materials decompose. Solid waste emissions are calculated based on generation rates and emissions factors in CalEEMod.
• Water and Wastewater. Project GHG emissions would be generated from energy consumption associated with water and wastewater conveyance and treatment. Water and wastewater emissions are calculated based on the estimated consumption and emissions factors in CalEEMod.
• Mobile Sources. Mobile sources are emissions from motor vehicles. Project trip generation is based on the following 11th Edition Institute of Transportation Engineers (ITE) land use categories:
o ITE Land Use 822: Strip Retail Plaza (<40k) – 6,797 square feet, 370 total daily vehicle trips.

The Project would generate 370 net daily trips. For this analysis, it was assumed the mobile source emission rates in CalEEMod used the CARB SAFE Rule adjustment factors.21
21 The U.S. EPA repealed SAFE Rule Part 1 on January 28, 2022. Therefore, the mobile source emissions in this analysis are conservative.

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Impact Analysis

4.8a Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
Less Than Significant Impact. The Project would convert a portion of the ground floor of the existing parking garage on-site to retail uses. The Project also proposes a ZTA and GPA which would be applicable to the Project Site for the proposed Project and to other potential sites within the Business Triangle that meet the ZTA and GPA criteria.

Short-Term Construction Greenhouse Gas Emissions
The Project would result in direct emissions of carbon dioxide (CO2), nitrogen dioxide (N2O), and methane (CH4) from construction equipment and the transport of materials and construction workers to and from the Project Site. The GHG emissions only occur during temporary construction activities and would be cease once construction is complete. The total GHG emissions (in MTCO2e) generated during construction are shown in Table 4.8-1: ConstructionRelated Greenhouse Gas Emissions.

Table 4.8-1: Construction-Related Greenhouse Gas Emissions Category MTCO2e
Construction Year 1 (2025) 159.6
Construction Year 1 (2026) 15.07
Total Construction Emissions 174.7
30-Year Amortized Construction Emissions 5.82
Source: CalEEMod version 2022.1; see Appendix E for model outputs.

As shown in Table 4.8-1, the Project would result in the generation of approximately 174.7 MTCO2e over the course of construction. Construction GHG emissions are typically summed and amortized over a 30-year period and then added to the operational emissions. The amortized Project construction emissions would be 5.82 MTCO2e per year. Once construction is complete, the generation of these GHG emissions would cease.

Long-Term Operational Greenhouse Gas Emissions
Operational or long-term emissions occur over the life of the Project. GHG emissions would result from direct emissions such as Project generated vehicular traffic, onsite combustion of natural gas, and operation of any landscaping equipment. Operational GHG emissions would also result from indirect sources, such as off-site generation of electrical power, the energy required to convey water to, and wastewater from the Project, the emissions associated with solid waste generated from the Project, and any fugitive refrigerants from air conditioning or refrigerators.

Prior to issuance of a building permit, the City would review and verify that the Project plans demonstrate compliance with the current version of the Building and Energy Efficiency Standards. The Project would also be required to adhere to the provisions of the CALGreen Code, which establishes planning and design standards for sustainable site development, and energy efficiency. Construction activities would be required to monitor air quality emissions using applicable regulatory guidance such as the SCAQMD Rules.

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The Project’s operational GHG emissions are summarized in Table 4.8-2: Operational Greenhouse Gas Emissions. As shown in Table 4.8-2, the Project’s unmitigated emissions would be approximately 344.93 MTCO2e annually from both construction and operations. Projectrelated GHG emissions would not exceed the City’s 3,000 MTCO2e per year threshold. The majority of the GHG emissions (over 90 percent) are associated with non-construction related mobile sources. Emissions of motor vehicles are controlled by State and federal standards, and the Project has no control over these standards. Therefore, the Project would not generate GHG emissions that could have a significant impact on the environment.

Table 4.8-2: Operational Greenhouse Gas Emissions
Emissions Source MTCO2e Emissions Per Year
Construction Amortized Over 30 Years 5.82
Area Source 0.14
Energy 12.47
Mobile 323.04
Waste 2.23
Water 1.23

0.01 0.01
TOTAL 344.93
Threshold 3,000
Exceeds Threshold? No
Source: CalEEMod version 2022.1; see Appendix E for model outputs.

Proposed ZTA and GPA GHG Emission Impacts
Regarding the associated ZTA and GPA for the Project, given that the nature of other potential development projects within the Business Triangle that may take advantage of the ZTA and GPA, for purposes of converting existing street level parking into retail use, would be similar in nature and scale to the proposed development for this Project in that they would also involve the conversion of the ground floor of an existing parking structure to retail businesses, construction and operational GHG emissions generated by the other potential development projects would be similar to that for this Project. As with the Project, these other potential development projects would also be required to comply with relevant State and SCAQMD regulations and standards pertaining to GHG emissions, and mitigate impacts to a less than significant level, where applicable. As such, GHG emission impacts from adoption of the associated ZTA and GPA would be less than significant.

For the reasons expounded above, the Project, including the adoption of the associated ZTA and GPA for the Business Triangle, would not directly or indirectly generate GHG emissions that would significantly impact the environment. Impacts would be less than significant.

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4.8b Would the project conflict with applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
Less Than Significant Impact. The Project would convert a portion of the ground floor of the existing parking garage on-site to retail uses. The Project also proposes a ZTA and GPA which would be applicable to the Project Site for the proposed Project and to other potential sites within the Business Triangle that meet the ZTA and GPA criteria.

Regional Transportation Plan/Sustainable Communities Strategy Consistency On April 4, 2024, SCAG’s Regional Council adopted Connect SoCal 2024 (2024 - 2050 RTP/SCS [2024 RTP/SCS]). This analysis also discusses the Project’s consistency with the previously adopted Connect SoCal (2020 – 2045 RTP/SCS [2020 RTP/SCS]) which was adopted on September 3, 2020. The RTP/SCS is a long-range visioning plan that balances future mobility and housing needs with economic, environmental, and public health goals. The RTP/SCS is a long-range visioning plan that balances future mobility and housing needs with economic, environmental, and public health goals. The RTP/SCS embodies a collective vision for the region’s future and is developed with input from local governments, county transportation commissions, tribal governments, nonprofit organizations, businesses, and local stakeholders in the counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino, and Ventura. Under Senate Bill (SB) 375, SCAG’s 2024 RTP/SCS establishes GHG emissions goals to reduce GHG emissions in the region by eight percent from 2005 levels by 2020 and by 2035. SCAG’s 2020 RTP/SCS establishes GHG emissions goals for automobiles and light-duty trucks for 2020 and 2035 as well as an overall GHG target for the Project region consistent with both the target date of AB 32 and the post2020 GHG reduction goals of Executive Orders 5-03-05 and B-30-15.

Since Connect SoCal was adopted in 2020, SCAG gained responsibility for the selection of transportation projects to be funded with federal revenue. The 2024 RTP/SCS invests $751.7 billion in our transportation system, primarily in operations and maintenance, to ensure the continued performance of our current network. The 2024 RTP/SCS would also add 181,200 new miles of transit revenue service, 4,000 new miles of bike lanes and 869 new miles to the Regional Express Lane Network. Strategic investments in infrastructure and transportation would improve access to employment centers and stimulate regional economic growth and opportunity in historically underserved areas. Connect SoCal is an important planning document for the region, allowing public agencies to implement transportation projects in a coordinated manner while qualifying for federal and state funding. Connect SoCal also supports local jurisdictions in making informed land use planning and housing development decisions.

The 2024 and 2020 RTP/SCS plans account for operations and maintenance costs to ensure reliability, longevity, and cost effectiveness. The 2024 and 2020 RTP/SCS are also supported by a combination of transportation and land use strategies that help the region achieve state GHG emissions reduction goals and FCAA requirements, increased housing production, improved equity and resilience, the preservation of natural lands, improvement of public health, increased transportation safety, support for the region’s vital goods movement industries and more efficient use of resources. GHG emissions resulting from development-related mobile sources are the most potent source of emissions; therefore, the Project’s comparison to the 2024 and 2020 RTP/SCS is an appropriate indicator of whether the Project would inhibit the post-2020 GHG Kimley»)Horn
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reduction goals promulgated by the State. The Project’s consistency with the 2024 and 2020 RTP/SCS goals is analyzed in detail in Table 4.8-3: Regional Transportation Plan/Sustainable Communities Strategy Consistency.

Table 4.8-3: Regional Transportation Plan/Sustainable Communities Strategy Consistency SCAG Goals Consistency
2024 REGIONAL TRANSPORTATION PLAN/SUSTAINABLE COMMUNITIES STRATEGY CONSISTENCY Mobility: Build and maintain an integrated multimodal transportation network.

Support investments that are well-maintained and
operated, coordinated, resilient and result in
improved safety, improved air quality and
minimized greenhouse gas emissions
Not Applicable. This is not a project-specific policy
and is therefore not applicable.

Ensure that reliable, accessible, affordable, and
appealing travel options are readily available,
while striving to enhance equity in the offerings in
high-need communities
Not Applicable. This is not a project-specific policy
and is therefore not applicable.

Support planning for people of all ages, abilities,
and backgrounds
Not Applicable. This is not a project-specific policy
and is therefore not applicable.

Communities: Develop, connect, and sustain communities that are livable and thriving Create human-centered communities in urban,
suburban, and rural settings to increase mobility
options and reduce travel distances
No Conflict. The Project is located in an urban area
in proximity to existing community services.

Additionally, the Project is located near existing
transit routes and access to State Route 2 [SR-2]).

Produce and preserve diverse housing types in an
effort to improve affordability, accessibility, and
opportunities for all households
Not Applicable. The Project does not propose
residential uses.

Environment: Create a healthy region for the people of today and tomorrow Develop communities that are resilient and can
mitigate, adapt to, and respond to chronic and
acute stresses and disruptions, such as climate
change
No Conflict. As discussed above, the Project would
not exceed the City’s GHG emission threshold, and
therefore would not result in significant GHG
impacts.

Integrate the region’s development pattern and
transportation network to improve air quality,
reduce greenhouse gas emissions and enable
more sustainable use of energy and water
No Conflict. While the Project is not a
transportation improvement Project, location of
the Project within a developed area would reduce
trip lengths, which would reduce GHG emissions.

Additionally, the reduction of energy use and
promotion of more environmentally sustainable
development are encouraged through the
development of alternative transportation
methods, green design techniques for buildings,
and other energy-reducing techniques such as
compliance with the provisions of the California
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Table 4.8-3: Regional Transportation Plan/Sustainable Communities Strategy Consistency SCAG Goals Consistency
Building Energy Efficiency Standards and
CALGreen.

Conserve the region’s resources No Conflict. The Project is located on land that is not designated for agricultural uses, natural
resources, or conservation. Therefore, Project
development would not result in a loss of the
region’s resources.

Economy: Support a sustainable, efficient, and productive regional economic environment that provides opportunities for all people in the region
Improve access to jobs and educational resources No Conflict. The Project proposes a retail development within an urban area, in close
proximity to residential uses. Therefore, the
location of the Project would improve access to
employment opportunities.

Advance a resilient and efficient goods movement
system that supports the economic vitality of the
region, attainment of clean air and quality of life
for our communities
No Conflict. The Project includes retail uses that
would support goods movement.
2020 REGIONAL TRANSPORTATION PLAN/SUSTAINABLE COMMUNITIES STRATEGY CONSISTENCY GOAL 1: Encourage regional economic
prosperity and global competitiveness.

Not Applicable: This is not a project-specific goal.

Notwithstanding, the Project is of retail usage,
which would further promote regional economic
activity and commercial competition.

GOAL 2: Improve mobility, accessibility,
reliability, and travel safety for people
and goods.

No Conflict. Although this Project is not a
transportation improvement project, the Project is
located near existing transit routes on SR-2 to the
north, Metro Line 20 bus stop to the southwest,
Metro Line 4 bust stop to the northeast, and Metro
Line 720 bus stop to the southwest. The Project is
also northwest of the future Metro D Line
Wilshire/Rodeo Station.

GOAL 3: Enhance the preservation, security, and
resilience of the regional transportation
system.

Not Applicable: The Project is not a transportation
improvement project.

GOAL 4: Increase person and goods movement
and travel choices within the
transportation system.

Not Applicable: The Project is not a transportation
improvement project.

GOAL 5: Reduce greenhouse gas emissions and
improve air quality.

No Conflict. The Project Site is in an urban area
near existing public transit routes and freeways.

The Project’s location within an urbanized area
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Table 4.8-3: Regional Transportation Plan/Sustainable Communities Strategy Consistency SCAG Goals Consistency
would reduce trip lengths, which would reduce
GHG and emissions.

GOAL 6: Support healthy and equitable
communities.

No Conflict. The Project does not exceed the City’s
GHG emission threshold. The Project would not
violate any GHG standards, contribute substantially
to an existing or projected GHG violation, or result
in significant GHG impacts.

GOAL 7: Adapt to a changing climate and
support an integrated regional
development pattern and
transportation network.

Not Applicable: This is not a project-specific goal.

GOAL 8: Leverage new transportation
technologies and data-driven solutions
that result in more efficient travel.

Not Applicable: This is not a project-specific goal.

GOAL 9: Encourage development of diverse
housing types in areas that are
supported by multiple transportation
options.

Not Applicable: The Project is not a residential
project.

GOAL
10:

Promote conservation of natural and
agricultural lands and restoration of
habitats.

Not Applicable: The Project Site is not located on
agricultural lands and does not contain native
habitat.
2017 California Air Resource Board Scoping Plan Consistency Pursuant to the requirements in AB 32, CARB adopted the Climate Change Scoping Plan (Scoping Plan) in 2008, which provides a range of GHG reduction actions. The 2017 Scoping Plan Update identifies additional GHG reduction measures necessary to achieve the 2030 target of a 40 percent reduction below 1990 levels. These measures build upon those identified in the first update to the Scoping Plan in 2013. The Project’s consistency with the CARB Scoping Plan, and implementing regulatory programs, is analyzed in detail in Table 4.8-4: Project Consistency with Applicable CARB Scoping Plan Measures. As indicated in Table 4.8-4, the Project would comply with the applicable measures. As such, impacts related to consistency with the Scoping Plan would be less than significant, and no mitigation is required.

Table 4.8-4: Project Consistency with Applicable CARB Scoping Plan Measures Scoping Plan
Sector
Scoping Plan
Measure
Implementing
Regulations Project Consistency
Transportation California Cap-andTrade Program
Linked to Western
Climate Initiative
Regulation for
the California
Cap on GHG
Emissions and
Market-Based
No Conflict. The Cap-and-Trade Program
applies to large industrial sources such as
power plants, refineries, and cement
manufacturers. However, the regulation
indirectly affects people who use the
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Table 4.8-4: Project Consistency with Applicable CARB Scoping Plan Measures Scoping Plan
Sector
Scoping Plan
Measure
Implementing
Regulations Project Consistency
Compliance
Mechanism
October 20,
2015 (CCR
95800)
products and services produced by these
industrial sources when increased cost of
products or services (such as electricity and
fuel) are transferred to the consumers. The
Cap-and-Trade Program covers the GHG
emissions associated with electricity
consumed in California, generated in-State or
imported. Accordingly, GHG emissions
associated with CEQA projects’ electricity
usage are covered by the Cap-and-Trade
Program. The Cap-and-Trade Program also
covers fuel suppliers (natural gas and
propane fuel providers and transportation
fuel providers) to address emissions from
such fuels and combustion of other fossil
fuels not directly covered at large sources in
the Program’s first compliance period. The
proposed Project would not conflict with
implementation of the Cap-and-Trade
Program and would indirectly be consistent
with regard to the use of electricity and fuel.

California Light-Duty
Vehicle GHG
Standards
Pavley I 2005
Regulations to
Control GHG
Emissions from
Motor Vehicles
Pavley I 2005
Regulations to
Control GHG
Emissions from
Motor Vehicles
No Conflict. This measure applies to all new
vehicles starting with model year 2012. The
Project would not conflict with its
implementation as it would apply to all new
passenger vehicles purchased in California.

Passenger vehicles, model year 2012 and
later, associated with Project construction
and operation would be required to comply
with the Pavley emissions standards.
2012 LEV III
California GHG
and Criteria
Pollutant
Exhaust and
Evaporative
Emission
Standards
No Conflict. The LEV III amendments provide
reductions from new vehicles sold in
California between 2017 and 2025.

Passenger vehicles associated with Project
construction and operations would be
required to comply with LEV III standards.

Low Carbon Fuel
Standard
2009 readopted
in 2015.

Regulations to
No Conflict. This measure applies to
transportation fuels utilized by vehicles in
California. The Project would not conflict
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Table 4.8-4: Project Consistency with Applicable CARB Scoping Plan Measures Scoping Plan
Sector
Scoping Plan
Measure
Implementing
Regulations Project Consistency
Achieve GHG
Emission
Reductions
Subarticle 7. Low
Carbon Fuel
Standard CCR
95480
with implementation of this measure. It is
assumed that any motor vehicles associated
with Project construction and operations
would be consistent with the measure and
utilize low carbon transportation fuels.

Regional
TransportationRelated GHG
Targets.

SB 375. Cal.

Public Resources
Code §§ 21155,
21155.1,
21155.2,
21159.28
No Conflict. The Project would provide
development in the region that is consistent
with the growth projections in the 2020
RTP/SCS. The Project does not propose any
dwelling units which would increase
population .

The Project would result in additional
employment opportunities and foot traffic in
the area. However, the Project is a retail
project that is near major freeways and other
services. By facilitating a development near
existing public transit options and reducing
single-passenger vehicle parking available on
the Project Site, the Project would also
reduce mobile-source GHG emissions. The
Project would generate 370 net daily trips
and public transit will be locally accessible.

Goods Movement Goods
Movement
Action Plan
January 2007
Not Applicable. The Project does not
propose any changes to maritime, rail, or
intermodal facilities or forms of
transportation.

Medium/Heavy-Duty
Vehicle
2010
Amendments to
the Truck and
Bus Regulation,
the Drayage
Truck Regulation
and the TractorTrailer GHG
Regulation
No Conflict. This measure applies to
medium- and heavy-duty vehicles that
operate in the State. The Project would not
conflict with implementation of this
measure. Medium- and heavy-duty vehicles
associated with Project construction would
be required to comply with this regulation.

High Speed Rail Funded under SB
862
Not Applicable. This is a Statewide measure
that cannot be implemented by a project
applicant or Lead Agency.

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Table 4.8-4: Project Consistency with Applicable CARB Scoping Plan Measures Scoping Plan
Sector
Scoping Plan
Measure
Implementing
Regulations Project Consistency
Electricity and
Natural Gas
Energy Efficiency Title 20
Appliance
Efficiency
Regulation
No Conflict. The Project would not conflict
with implementation of this measure, as it
would be subject to compliance with the
latest energy efficiency standards.

Title 24 Part 6
Energy Efficiency
Standards for
Residential and
Non-Residential
Building
Title 24 Part 11
California Green
Building Code
Standards
Renewable Portfolio
Standard/Renewable
Electricity Standard.
2010 Regulation
to Implement
the Renewable
Electricity
Standard (33%
2020)
No Conflict. The Project would obtain
electricity from the electric utility, Southern
California Edison (SCE). SCE obtained 30.9
percent of its power supply from renewable
sources in 2020 and include 50 percent and
100 percent renewable Green Rate options.

Therefore, the utility would provide power to
the Project that would be is comprised of a
greater percentage of renewable sources.

Million Solar Roofs
Program
SB 350 Clean
Energy and
Pollution
Reduction Act of
2015 (50% 2030)
Million Solar Roofs
Program
Tax Incentive
Program
No Conflict. This measure is to increase solar
use throughout California, which is being
done by various electricity providers and
existing solar programs. The program
provides incentives that are in place at the
time of construction.

Water Water Title 24 Part 11
California Green
Building Code
Standards
No Conflict. The Project would comply with
the CALGreen Code, which require a 20
percent reduction in indoor water use.

SBX 7-7—The
Water
Conservation Act
of 2009
Model Water
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Table 4.8-4: Project Consistency with Applicable CARB Scoping Plan Measures Scoping Plan
Sector
Scoping Plan
Measure
Implementing
Regulations Project Consistency
Efficient
Landscape
Ordinance
Green
Buildings
Green Building
Strategy
Title 24 Part 11
California Green
Building Code
Standards
No Conflict. The State is required to increase
use of green building practices. The Project
would implement required green building
strategies through existing regulations that
require the Project to comply with various
CALGreen Code standards.

Industry Industrial Emissions 2018 CARB
Mandatory
Reporting
Regulation
Not Applicable. The Mandatory Reporting
Regulation requires facilities and entities
with more than 10,000 MTCO2e of
combustion and process emissions, all
facilities belonging to certain industries, and
all electric power entities to submit an annual
GHG emissions data report directly to CARB.

As shown above, although total Project GHG
emissions would not exceed 3,000 MTCO2e,
the Project is not considered a “facility” and
the majority of these emissions are from
mobile sources. Therefore, this regulation
would not apply.

Recycling and
Waste
Management
Recycling and Waste Title 24 Part 11
California Green
Building Code
Standards
No Conflict. The Project would not conflict
with implementation of these measures. The
Project is required to achieve the recycling
mandates via compliance with the CALGreen
Code. AB 341
Statewide 75
Percent
Diversion Goal
Forests Sustainable Forests Cap and Trade
Offset Projects
Not Applicable. The Project is in an area
designated for urban uses. No forested lands
exist on the site.

High Global
Warming
Potential
High Global
Warming Potential
Gases
CARB Refrigerant
Management
Program CCR
95380
No Conflict. The regulations are applicable to
refrigerants used by large air conditioning
systems and large commercial and industrial
refrigerators and cold storage systems. The
Project would not conflict with the
refrigerant management regulations
adopted by CARB.

Agriculture Agriculture Cap and Trade Not Applicable. No grazing, feedlot, or other Kimley»)Horn
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Table 4.8-4: Project Consistency with Applicable CARB Scoping Plan Measures Scoping Plan
Sector
Scoping Plan
Measure
Implementing
Regulations Project Consistency
Offset Projects
for Livestock and
Rice Cultivation
agricultural activities that generate manure
occur currently on site or are proposed by the
Project.

Source: CARB, California’s 2017 Climate Change Scoping Plan, November 2017 and CARB, Climate Change Scoping Plan, December 2008. 2022 California Air Resource Board Scoping Plan Consistency CARB’s 2022 Scoping Plan sets a path to achieve targets for carbon neutrality and reduce anthropogenic GHG emissions by 85 percent below 1990 levels by 2045 in accordance with AB 1279. The 2022 Scoping Plan focuses on zero-emission transportation; phasing out use of fossil gas use for heating homes and buildings; reducing chemical and refrigerants with high global warming potential (GWP); providing communities with sustainable options for walking, biking, and public transit; displacement of fossil-fuel fired electrical generation through use of renewable energy alternatives (e.g., solar arrays and wind turbines); and scaling up new options such as green hydrogen. Unlike the 2017 Scoping Plan, CARB no longer includes a numeric per capita threshold and instead advocates for compliance with a local GHG reduction strategy (i.e., Climate Action Plan) consistent with CEQA Guidelines Section 15183.5.

Statewide strategies to reduce GHG emissions in the latest 2022 Scoping Plan include implementing SB 100, which would achieve 100 percent clean electricity by 2045; achieving 100 percent zero emission vehicle sales in 2035 through Advanced Clean Cars II; and implementing the Advanced Clean Fleets regulation to deploy zero emission vehicle (ZEV) buses and trucks.

Additional transportation policies include the Off-Road Zero-Emission Targeted Manufacturer rule, Clean Off-Road Fleet Recognition Program, In-use Off-Road Diesel-Fueled Fleets Regulation, Clean Off-Road Fleet Recognition Program, and Amendments to the In-use Off-Road DieselFueled Fleets Regulation. The 2022 Scoping Plan would continue to implement SB 375. GHGs would be further reduced through the Cap-and-Trade Program carbon pricing and SB 905. SB 905 requires CARB to create the Carbon Capture, Removal, Utilization, and Storage Program to evaluate, demonstrate, and regulate carbon dioxide removal projects and technology.

As indicated above, GHG reductions are also achieved as a result of State of California energy and water efficiency requirements for new residential developments. These efficiency improvements correspond to reductions in secondary GHG emissions. For example, in California, most of the electricity that powers homes is derived from natural gas combustion. Therefore, energy saving measures, such as Title 24, reduces GHG emissions from the power generation facilities by reducing load demand.

As discussed above and identified in Table 4.8-3 and Table 4.8-4, the Project would be consistent with all applicable plan goals and applicable regulatory programs designed to reduce GHG emissions generated by land use projects. The Project would be subject to compliance with all building codes in effect at the time of construction, which include energy conservation measures mandated by California Building Standards Code Title 24 – Energy Efficiency Standards. Because Title 24 standards require energy conservation features in new construction (e.g., high-efficiency Kimley»)Horn
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lighting, high-efficiency HVAC systems, thermal insulation, double-glazed windows, water conserving plumbing fixtures), they indirectly regulate and reduce GHG emissions. California’s Building Energy Efficiency Standards are updated on an approximately three-year cycle.

As shown in Table 4.8-2, approximately 97 percent of the Project’s emissions are from energy and mobile sources, which would be further reduced by the 2022 Scoping Plan actions described above. The City has no control over vehicle emissions (approximately 96.7 percent of the Project’s total emissions). However, these emissions would decline in the future due to Statewide measures, as well as cleaner technology and fleet turnover. The Project would not obstruct or interfere with efforts to increase ZEVs or State efforts to improve system efficiency. Compliance with applicable State standards (e.g., continuation of the Cap-and-Trade regulation; CARB’s Mobile Source Strategy, Sustainable Freight Action Plan, and Advanced Clean Truck Regulation; Executive Order N-79-20; SB 100: renewable electricity portfolio improvements that require 60 percent renewable electricity by 2030 and 100 percent renewable by 2045, etc.) would ensure consistency with State and regional GHG reduction planning efforts, including the 2022 Scoping Plan. It is also noted that the Project would not convert any Natural and Working Lands (NWL) and/or decrease the State’s urban forest carbon stock, which are areas of emphasis in the 2022 Scoping Plan. Further, the Project includes residential land uses that would potentially reduce the need to travel long distances for some residents and reducing associated GHG emissions.22 Regarding goals for 2050 under Executive Order S-3-05, at this time it is not possible to quantify the emissions savings from future regulatory measures, as they have not yet been developed; nevertheless, it can be anticipated that Project operations would benefit from applicable measures enacted to meet State GHG reduction goals. The Project would not impede the State’s progress towards carbon neutrality by 2045 under the 2022 Scoping Plan. The Project would be required to comply with applicable current and future regulatory requirements promulgated through the 2022 Scoping Plan. As such, impacts related to consistency with the 2022 Scoping Plan would be less than significant, and no mitigation is required.

Proposed ZTA and GPA GHG Emission Impacts
Regarding the associated ZTA and GPA for the Project, other potential development projects within the Business Triangle that may take advantage of the ZTA and GPA, for purposes of converting existing street level parking into retail use, would also be required to comply with relevant regulations with the purpose of reducing GHG emissions in the 2024 RTP/SCS, 2017 Scoping Plan Update, and 2022 Scoping Plan. Given that the nature and scale of such projects would be similar to the proposed development for this Project in that they would also involve the conversion of the ground floor of an existing parking structure to retail businesses, these projects would also generally be consistent with pertinent regulations. Should a conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing GHG emissions occur, these other development projects would also be required to mitigate potential impacts to a less than significant level, where applicable.
22 California Air Pollution Control Officers Association, Quantifying Greenhouse Gas Mitigation Measures, 2010. The California Air Pollution Control Officers Association identifies that infill developments, such as the proposed Project reduce VMT which reduces fuel consumption. Infill projects such as the proposed Project would have an improved location efficiency.

Kimley»)Horn
450 North Roxbury Drive Project
City of Beverly Hills Final Initial Study/Negative Declaration

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Beverly Hills City CouncilJanuary 28, 2025

Beverly Hills City Council
January 28, 2025