STAFF REPORT
Meeting Date: November 12, 2025
To: Honorable Mayor & City Council
From: Logan Phillippo, Real Property Development Manager Subject: Affordable Housing Development at 327-335 South Robertson Boulevard
Attachments: 1. Exclusive Negotiation Agreement (“ENA”)
2. Notice Mailed October 20, 2025
INTRODUCTION
As described in the Housing Element of the City’s General Plan, the City has committed to facilitating the development of a total of 557 units of affordable housing on multiple City properties. Non-profit affordable housing developer, West Hollywood Community Housing Corporation (“WHCHC”), was previously selected through a City Request for Qualifications and Conceptual Proposal (“RFQ/P”) process to develop affordable housing on a separate City property at 9268-9298 West Third Street, but site conditions limit that project’s feasibility. The City continues to explore options for developing on other Cityowned property in the vicinity of that particular area (Third and Foothill) as well as on other City-owned properties elsewhere in Beverly Hills, including along South Robertson Boulevard.
The subject 327-335 South Robertson Boulevard property (the “Property”), owned by the Parking Authority, is a possible alternate site that could accommodate between approximately 50 and 80 affordable housing units depending on several factors such as average unit size, the height/number of stories of the development, the amount of groundfloor commercial space, and on-site amenities such as community rooms, ground-floor commercial spaces, and on-site parking.
Staff seeks City Council direction on whether to enter into an exclusive negotiation agreement (“ENA”) with WHCHC for the purpose of negotiating the terms of a ground lease and related agreements so that WHCHC may develop a 100% affordable senior housing project at the Property.
WHCHC intends to apply for an upcoming Notice of Funding Availability (“NOFA”) through Los Angeles County Affordable Housing Solutions Agency (“LACAHSA”). In order to qualify for the funding, the developer must provide evidence of site control, which can be accomplished through an ENA. Applications are due on by December 22, 2025.
Meeting Date: November 12, 2025
On October 29, 2025, the Affordable Housing Ad Hoc Committee (Councilmember Mirisch and Councilmember Wells) reviewed the terms of the proposed ENA and preliminary development options and recommended entering into the ENA. The Ad Hoc additionally recommended exploring options to improve the availability of parking and increase pedestrian and retail activity along the Robertson corridor to support businesses and residents in the area.
DISCUSSION
Housing Element Context
The Housing Element of the City’s General Plan identifies strategies and programs to facilitate the provision of an adequate supply of safe, affordable housing for all community members regardless of income and those with special housing needs. A key component of the Housing Element is the analysis of potential sites for residential development and the establishment of housing programs to accommodate the City’s share of future housing needs for all income groups as identified through the Regional Housing Needs Assessment (“RHNA”) planning process.
The RHNA process begins with HCD’s projection of future statewide housing growth need, and the apportionment of this need to regions throughout the state. The Southern California Association of Governments (“SCAG”) is the agency responsible for developing an allocation methodology to distribute the Southern California region’s share of statewide housing need to cities and counties by income level, commonly referred to as a RHNA allocation. The RHNA allocation represents the minimum number of potential housing units each community must accommodate through its land use plans and development regulations. The Beverly Hills RHNA allocation for the current 2021-2029 planning period is 3,104 housing units that are categorized by income level as shown in the table below.
Beverly Hills RHNA Allocation, 2021-2029 Planning Period Income Level Percent of AMI* Units
Very Low Up to 50% 1,008
Low 51% - 80% 680
Moderate 81% - 120% 602
Above Moderate 120%+ 814
Total 3,104
*Area Median Income
The Housing Element sets forth the City’s policies and programs for meeting housing needs, including the RHNA allocation, and states, among many other commitments, that the City will support these efforts by leveraging the local Housing Trust Fund and assisting in the application for State and federal finance resources.
As described in the Housing Element, the City has committed to facilitating the development of 557 units of affordable housing. A project at the subject Property could deliver between 50 and 80 affordable units (including one on-site manager’s unit), depending on a number of factors in the scope of development.
Meeting Date: November 12, 2025
327-335 South Robertson Subject Property
The Property is located in the Southeast Area, on the west side of Robertson between Wilshire Boulevard and Olympic Boulevard, more specifically just north of the Chalmers Drive intersection and south of Gregory Way.
In this area, west of Robertson is Beverly Hills jurisdiction. East of Robertson is City of Los Angeles jurisdiction. To the west, separated by an alleyway, is a single-family residential zone. The Beverly Hills side of Robertson consists primarily of single-story commercial buildings with some two-story commercial buildings. The Los Angeles side of Robertson is a mix of single-story and two-story buildings with some three-story buildings and one five-story building.
The Property totals 13,740 square feet (0.32 acres) and is situated in the Mixed-Use Overlay Zone, with an underlying C-3 Commercial Zone designation. Horace Mann Elementary School is two blocks to the north on the east side of Robertson. La Cienega Park and La Cienega Tennis center is approximately 7 blocks to the east, accessible by taking Olympic or Gregory. Approximately ½ mile northeast from the Property is Wilshire/La Cienega Station, the Clock Market property, and the Gale Yard. 327-335 South Robertson – Map
Subject Property 1. Horace Mann Elementary School
La Cienega Park/Tennis Center 2. Wilshire/La Cienega Station City Limits 3. Clock Market & Gale Yard
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3 Meeting Date: November 12, 2025
327-335 South Robertson – Photo
The Property is improved with a single-story commercial structure of approximately 6,000 square feet, with eight retail spaces of approximately 750 square feet each. Five of the eight spaces are vacant. The remaining spaces are each occupied under month-to-month leases. The Parking Authority must provide 90 days’ advance notice prior to any lease termination by landlord. The Parking Authority collects a total of $9,090 per month in rent at the building from the occupied spaces, $109,080.
Parking Authority Ownership and Transfer City
The Parking Authority acquired the Property in November of 2019 for $10.1 million. At the time, the intention was to utilize the Property for future parking and/or economic development purposes, initially as a surface parking lot with the potential for a future parking structure if the Parking Authority/City were to assemble more land by acquiring adjacent properties since the footprint of the Property alone is not large enough to accommodate a parking structure. Plans were placed on hold during the pandemic and the City has since focused efforts on developing affordable housing. Because the project now contemplated does not include a public parking component, Staff recommends the Parking Authority transfer the Property to the City.
The Fiscal Impact section of this report provides details regarding funds that will be transferred from the City to the Parking Authority as a result of this transfer. Additionally, a corresponding agenda item regarding a joint resolution of City Council and the Parking Authority Board of Directors quitclaiming the Property from the Parking Authority to the City (the “Resolution”) has been placed on this evening’s November 12, 2025, Formal Session Consent Agenda for approval.
The Resolution also declares the Property to be “exempt surplus land”. The California Surplus Land Act (SLA) requires publicly-owned property to be declared “surplus land” or “exempt surplus land” prior to disposition. Pursuant to the SLA, the Property qualifies as exempt surplus land pursuant to California Government Code 54221(f)(1)(B) because the Property is less than one-half acre in area, is not contiguous to land owned by a state or local agency used for open-space, and is not (i) located within a coastal zone; (ii) adjacent Meeting Date: November 12, 2025
to a historical unit of the State Parks System; (iii) listed on, or determined by the State Office of Historic Preservation to be eligible for, the National Register of Historic Places; or (iv) within the Lake Tahoe region as defined by Government Code Section 66905.5.
The exempt surplus land declaration requires notification to the California Department of Housing and Community Development(“HCD”) 30 days prior to the disposition for HCD’s review. The effectiveness of the ENA with WCHCH is conditioned on the disposition of the Property from the Parking Authority to the City within 35 days and a determination by HCD that the Property qualifies as exempt surplus land.
West Hollywood Community Housing Corporation (“WHCHC”)
WHCHC is a non-profit affordable housing development corporation that was founded in 1986. The developer specializes in the new construction of apartment buildings to provide affordable housing to low and fixed-income people in West Hollywood and the greater Los Angeles area. Recently completed projects include Mariposa Lily (42 units, 2023), Berendo Sage (42 units, 2022), Westmore Linden (93 units, 2020), Elden Elms (93 units, 2021) in the Koreatown/Pico Union Area, and Miramar Gold (94 units, 2025). Additionally, under construction is Third Thyme (104 units, 2025) in the Westlake North area of Los Angeles.
WHCHC owns and operates its projects. The developer has three core departments that work together to create housing, increase opportunities for stability, and meet essential needs of under-served individuals and communities.
• Housing Development: WHCHC builds high-quality affordable rental housing.
Communities range in size from 10 units up to 104 units, and are designed to be architecturally distinguished, environmentally sustainable, and amenity rich.
Universal design elements are incorporated into all new projects to minimize displacement as residents age in place.
• Asset Management: To preserve the value of each apartment community, property improvements, such as renovations and repairs due to normal aging, are regularly completed to maintain safe and attractive living environments. WHCHC’s Asset Management Team also oversees onsite building management. • Resident Services: WHCHC facilitates residents' mental, emotional and physical well-being through initial needs assessment, individualized service plans, lifelong learning workshops, and linkages to resources, such as overall healthcare, transportation, and food.
In 2022, the City conducted a Request for Qualifications and Conceptual Proposals (“RFQ/P”) process and evaluated proposals submitted for multiple City and Parking Authority properties from 13 developers. In 2023, WHCHC was selected as the most qualified developer for a project at 9268-9298 West Third, known as the Lakeshore/Credit Union site, and City Council subsequently approved an ENA with the developer at that site. During the due diligence process, it was determined that site conditions including the orientation of certain fault lines across the property do not allow sufficient land area to yield contiguous floor plates necessary to economically build the contemplated development, 352 units as stated in Housing Element. Staff continues to evaluate options in the area for an affordable project and the City has continued to identify other City properties elsewhere in Beverly Hills for development. Given the rigorous processes the Meeting Date: November 12, 2025
City underwent to select WHCHC through that RFQ/P, Staff recommends continuing with WHCHC as the developer for a potential project at the subject 327-335 South Roberston Property.
Proposed Exclusive Negotiation Agreement (“ENA”)
The City initially entered into an ENA with WHCHC at the previous 9268-9298 West Third Lakeshore/Credit Union site. The purpose of the ENA is to negotiate a ground lease with the City that will include typical ground lease details such as payments, term, the scope of the development, and affordability covenants. During the ENA period, the City shall not negotiate with any other entity for the sale, lease, or development of the Property.
The ENA can also be used to demonstrate site control, making WHCHC more competitive for various funding opportunities. Staff recommends using substantially the same ENA for the subject 327-335 South Robertson Property.
Key Terms of the proposed ENA (Attachment 1) include the following:
• A one-year exclusive negotiation period whereby the City shall not negotiate with any other entity for the sale, lease, or development of the subject Property; • A provision for the City Manager to authorize an extension to the term of the ENA for an additional six months;
• Both parties will work to develop the terms of a ground lease, development and disposition terms, affordability covenants, and related documents; • A requirement for the developer to pay for all costs related to environmental review;
• WHCHC will pay for all costs of all title, environmental, physical, engineering, financial, and feasibility investigations, reports, and analyses, and other analyses or activities performed by or for WHCHC;
• A requirement for WHCHC to provide monthly written reports to the City describing its activities with respect to the project during the preceding calendar month;
• WHCHC will hold public outreach meetings in coordination with the City, develop the scope based on such feedback and present plans to the City for review and approval;
• The ENA may not be assigned to another entity that is not wholly controlled by WHCHC without the prior written consent of the City in the City’s sole and absolute discretion;
• The City may terminate the ENA if the developer does not comply with or perform any provisions of the agreement, or if progress is not being made in negotiations as determined by the City in good faith, but otherwise in the City’s sole and absolute discretion;
• Neither party is under any obligation to enter into a ground lease; • After the term of the ENA the City shall be free at its option to negotiate with any persons or entities with respect to sale, lease and/or development of the subject Property; and
• The effectiveness of the ENA is conditioned on the Parking Authority transferring ownership of the Property to the City within 35 days and a determination by HCD that the Property qualifies as exempt surplus land.
Meeting Date: November 12, 2025
Preliminary Development Options
WHCHC has stated that at least 50 units are required for a project to be financially feasible and has preliminarily proposed development that calls for 49 one-bedroom affordable units age-restricted for those 55 years and older and one additional on-site manager’s unit, for a total of 50 units. This includes a ground-floor level with limited surface parking, threefour additional residential stories, and one rooftop amenity area, totaling four-five stories with an additional usable rooftop amenity level. Staff is reviewing options that could allow for additional surface-level parking and ground-floor retail uses. The subject Property could accommodate up to approximately 30 additional units for a total of approximately 80 units with additional stories and certain tradeoffs with regard to typical development parameters such as average unit size, amenity space, height/number of stories, and parking, all of which must be coordinated with the requirements of the City’s Planning Code, State law, and requirements for the City to facilitate the development of affordable housing as set forth in the Housing Element. Once more fully-developed, plans will be presented to the community to solicit feedback.
WHCHC has also provided a preliminary proforma, which Staff has reviewed with the Affordable Housing Ad Hoc Committee and the City’s consultant Keyser Marston Associates to review sources and uses of funds for construction and permanent financing.
WHCHC is proposing to fund the project with a combination of private equity resulting from Low-Income Housing Tax Credits, loans, State funding opportunities, and funding through the LACAHSA NOFA, and a City land contribution in the form of a 55-year ground lease with ground lease payments made from the project’s residual receipts over the ground lease term. Representatives from WHCHC and from the City’s consultant Keyser Marston Associates will be available at the Study Session to answer questions regarding project financing.
WHCHC will develop plans, seek public input, and apply for funding opportunities during the ENA period. WHCHC plans will be subject to City review and approval.
Meeting Noticing and Future Public Engagement
In order to inform the immediate neighbors early in the process, a notice regarding this Study Session and corresponding evening Formal Meeting Consent Agenda items was mailed to all properties in Beverly Hills jurisdiction within 500 feet of the exterior boundary of the subject Property’s boundaries, extending to end of the entire block in cases where the radius line includes only a portion of a given block of properties. The three tenants of the Property have additionally been notified by email.
Future public meetings soliciting community feedback on the proposed scope of work will be distributed via the City’s typical outreach channels, including similar notices, newspaper advertisements, social media, mailed notices, etc. in order to engage both neighbors in the immediate vicinity and the wider community.
Affordable Housing Ad Hoc Discussions
On October 29, 2025, the Affordable Housing Ad Hoc Committee (Councilmember Mirisch and Councilmember Wells) reviewed the terms of the proposed ENA and preliminary development options and recommended entering into the ENA. The Ad Hoc recommended exploring options to improve the availability of parking along the Robertson corridor to support businesses and residents in the area since the Property will not be Meeting Date: November 12, 2025
used for public parking if an affordable housing project is constructed there. The Ad Hoc additionally recommended the City take steps increase pedestrian and retail activity and referenced street improvements on South Beverly Drive and Larchmont Village (in Los Angeles) as examples. The Ad Hoc additionally recommended that WHCHC’s development incorporate design elements to minimize impacts to neighbors, especially to the single-family area to the west/back of the Property across the alleyway.
FISCAL IMPACT
If the ENA is approved, the City would utilize funds already available in the affordable housing capital improvement project for predevelopment expenses. At this stage, this primarily includes consultant support during the ground lease negotiation and consultant review of the development proforma.
If directed by City Council to proceed with a ground lease at a future date, the City should expect to contribute the land with ground lease payments made from the project’s residual receipts over the ground lease term. Based on the financing sources proposed by WHCHC, Staff does not currently expect the project will require any additional gap funding/financial contribution from the City. However, as the scope of the project is developed and as WHCHCH seeks commitments from the various funding sources during the ENA period, the developer may require other funding sources, including gap contribution from the City. These details will be finalized during the ENA period and subject to City Council review and approval at a future date.
The three Tenants would continue to pay rent as scheduled in their corresponding leases, a total of $9,090 per month during the ENA period until such time the leases were to be terminated. Future rent payments would be made to the City rather than the Parking Authority.
The transfer of the $10.1 million Property from the Parking Authority to the City will be executed without a new cash appropriation from the General Fund.
The Parking Enterprise Fund transferred $8 million to the Parking Authority to effectuate the original purchase. During and immediately following the pandemic, parking and lease revenues were significantly impacted and the General Fund provided $12 million in subsidies to the Parking Enterprise Fund. Hence, the General Fund has effectively provided the $8 million that was transferred to the Parking Authority.
Staff recommends the remaining $2.1 million be transferred to the Parking Authority from funds available in the City’s Land Acquisition Capital Improvement Program (approximately $6.9 million in the Capital Assets Fund). Should the City choose to purchase other property in the future, the Fiscal Impact would be determined at that time, with potential funds from other sources such as the Committed Fund Balance earmark for one-time Capital Improvement Program contributions or the unassigned reserve balance.
RECOMMENDATION
Staff seeks City Council direction on whether to enter into an ENA with WHCHC for the purpose of negotiating the terms of a ground lease and related agreement so that WHCHC may develop a 100% affordable senior housing project at the Property.
Meeting Date: November 12, 2025
In order to qualify for the funding, the developer must provide evidence of site control, which can be accomplished through an ENA. Applications are due on by December 22, 2025.
If directed to proceed, corresponding agenda items have been placed on this evening’s November 12, 2025, Formal Session Consent Agenda for consideration:
1. In a joint resolution of both the City and the Parking Authority, City Council and the Parking Authority Board of Directors will vote on whether to declare the Property to be exempt surplus land, the Board of Directors will vote on whether to approve a quitclaim deed to the City, and City Council will vote on whether to authorize the City Manager to sign a certificate of acceptance for the Property; and
2. City Council will vote on whether to approve the ENA with WHCHC.
Staff will modify the item or may request to remove either of these items based on direction received from City Council during the Study Session.
Staff, representatives from WHCHC, and representatives from the City’s consultant Keyser Marston Associates will be available to answer any questions.
Ryan Gohlich,
Assistant City Manager
Approved By
Attachment 1
B0785-0001\3181209v2.doc
EXCLUSIVE NEGOTIATION AGREEMENT BY AND BETWEEN THE CITY OF
BEVERLY HILLS AND WEST HOLLYWOOD COMMUNITY HOUSING
CORPORATION
This EXCLUSIVE NEGOTIATION AGREEMENT (this “Agreement”) is dated as of November 12, 2025, and is entered into by and between the CITY OF BEVERLY HILLS, a municipal corporation (the “City”) and WEST HOLLYWOOD COMMUNITY HOUSING CORPORATION, a California nonprofit public benefit corporation (the “Developer”). The City and the Developer are sometimes individually referred to herein as a “Party” and are sometimes collectively referred to herein as the “Parties.”
R E C I T A L S
A. The City owns the land in the City of Beverly Hills, State of California that is located at 327-335 South Robertson Boulevard, Beverly Hills, California, as more particularly described in Attachment No. 1 (the “Site”).
B. The staff, consultants and attorneys’ of the City have devoted and will devote substantial time and effort in meeting with the Developer and its representatives, reviewing proposals, plans and reports, and negotiating and preparing the terms of the Ground Lease, CEQA documents and possibly other documents.
NOW, THEREFORE, the Parties hereto agree as follows:
1. The effectiveness of this Agreement is conditioned upon the following: (i) The Parking Authority of the City of Beverly Hills executing and recording a quitclaim deed to the City with respect to the Site (and the City executing and recording with such deed a Certificate of Acceptance for the deed) by the date that is thirty-five (35) business days after the date of this Agreement, and City shall use reasonable efforts to promptly deliver a copy of the recorded quitclaim deed (with Certificate of Acceptance) to Developer, and (ii) the California Department of Housing and Community Development’s determination that the Site is “exempt surplus land” as defined in the Surplus Land Act (California Government Code Sections 54220- 54234). The term of this Agreement shall commence on the effective date, and shall end on the earlier of: (i) November 11, 2026 or (ii) the date on which the City terminates this Agreement as provided in Section 2 below (the “ENA Period”). Provided that the Developer is not in default under this Agreement and the City shall not have terminated this Agreement pursuant to Section 2 below, the ENA period may be extended by the mutual written agreement of Developer and the City Manager of the City (acting for the City) for up to six (6) months (i.e., up to May 11, 2027).
2. The City may terminate this Agreement if the Developer fails to comply with or perform any provisions of this Agreement, or if progress is not being made in negotiations hereunder as determined by the City in good faith.
3. During the ENA Period (as may be extended under Section 1), the City shall not negotiate with any person or entity other than the Developer for the sale, lease or development of the Site.
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4. The Developer shall deliver the materials and information identified on Attachment No. 2 attached hereto to the City within the times set forth on Attachment No. 2.
Concurrently with the execution of this Agreement, the Developer and the City shall execute and deliver a Right of Entry and Access Agreement in the form attached hereto as Attachment No. 3 (which may be executed by the City Manager on behalf of the City).
Additionally, at the beginning of each calendar month during the ENA Period (as extended under Section 1, if applicable), Developer shall provide a written report to the City describing in reasonable detail the Developer's activities with respect to the Project during the preceding calendar month.
5. During the ENA Period (as extended under Section 1, if applicable), the City shall use good faith efforts to complete (or cause to be completed) the matters set forth in Attachment No. 4 attached hereto.
6. The City and Developer acknowledge that all applicable requirements of CEQA must be met in order to execute and deliver the Ground Lease and develop the Site and that this may require an environmental impact report, supplemental environmental impact report and/or other reports or analyses for CEQA purposes (collectively, the “Environmental Review”).
The Developer will, at its cost, fully cooperate with the City in the City’s preparation of the Environmental Review as the lead agency for the Environmental Review, and shall pay for all Environmental Review costs.
7. Developer shall indemnify, defend, and hold City and its officers, directors, members, employees, agents, and contractors harmless from any and all third-party claims, liabilities, losses, damages (actual and direct, but not punitive, speculative, or consequential), costs, and expenses actually suffered or incurred by City and directly relating to or arising out of this ENA or Developer’s failure to perform any obligation of Developer under this ENA (subject to any required notice and applicable cure period under this ENA), or any challenges to the validity of this ENA (based on CEQA noncompliance or otherwise).
Developer’s obligations under the preceding sentence shall survive the expiration or earlier termination of this ENA.
8. The Developer shall bear all costs and expenses of any and all title, environmental, physical, engineering, financial, and feasibility investigations, reports and analyses and other analyses or activities performed by or for the Developer.
9. The Developer and the City understand and agree that neither Party is under any obligation whatsoever to enter into a Ground Lease. In the event of the expiration or earlier termination of this Agreement, the City shall be free at the City's option to negotiate with any persons or entities with respect to the sale, lease and/or development of the Site.
10. This Agreement may not be assigned by the Developer without the prior express written consent of the City in its sole and absolute discretion. Notwithstanding the foregoing, City will not unreasonably withhold, delay or condition its consent to the assignment by the Developer to an entity that is wholly controlled by the Developer; however, Developer shall not be released from liability under this Agreement by virtue of any such assignment. 3 B0785-0001\3181209v2.doc
11. Any notice, request, approval or other communication to be provided by one Party to the other shall be in writing and provided by certified mail, return receipt requested, or by reputable overnight delivery service (such as Federal Express) and addressed as follows:
If to the Developer:
West Hollywood Community Housing Corporation
530 Santa Monica Blvd
West Hollywood, CA 90046
Attn: Jesse Slansky, President & CEO
If to the City:
City of Beverly Hills
455 North Rexford Drive
Beverly Hills, California 90210
Attn: Real Estate Management
with a copy to:
City of Beverly Hills
455 North Rexford Drive
Beverly Hills, California 90210
Attn: City Attorney
12. For purposes of the negotiations contemplated by this Agreement, the Developer’s representative shall be Jesse Slansky, President & CEO; and the City’s representative shall be the City Manager or her designee.
13. This Agreement constitutes the entire agreement of the Parties hereto with respect to the subject matter hereof. There are no other agreements or understandings between the Parties with respect to the subject matter hereof or any related subject and no representations by either Party to the other have been made as an inducement to enter into this Agreement. All prior negotiations between the Parties are superseded by this Agreement.
14. This Agreement may not be altered, amended or modified except by a writing approved and executed by both Parties.
15. If any Party should bring any legal action or proceeding relating to this agreement or to enforce any provision hereof, or if the Parties agree to arbitration or mediation relating to this Agreement, the Party in whose favor a judgment or decision is rendered shall be entitled to recover reasonable attorneys' fees and expenses from the other. The Parties agree that any legal action or proceeding or agreed-upon arbitration or mediation shall be filed in and shall occur in the County of Los Angeles.
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16. The interpretation and enforcement of this Agreement shall be governed by the laws of the State of California.
17. Time is of the essence of each and every provision hereof.
18. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first written above.
DEVELOPER:
WEST HOLLYWOOD COMMUNITY
HOUSING CORPORATION, a California
nonprofit public benefit corporation
By:
Jesse Slansky, President & CEO
CITY:
CITY OF BEVERLY HILLS,
a municipal corporation
By: ___________________
Sharona R. Nazarian, PsyD, Mayor
ATTEST:
Huma Ahmed, City Clerk
APPROVED AS TO FORM:
Laurence S. Wiener, City Attorney
APPROVED AS TO CONTENT:
Nancy Hunt-Coffey, City Manager
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ATTACHMENT NO. 1
DESCRIPTION OF SITE
327-335 South Robertson Boulevard, Beverly Hills, California 90211 APN: 4333-010-901:
LOTS 39, 40 AND THE NORTHERLY 20 FEET OF LOT 41 OF TRACT NO. 6380, IN THE CITY OF
BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 69, PAGES 11 TO 20, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
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ATTACHMENT NO. 2
MATERIALS TO BE DELIVERED BY DEVELOPER
1. Within two (2) calendar months after the date of this Agreement, Developer shall (i) obtain a title report for the Site and copies of the title exceptions described therein; (ii) submit to City an ALTA survey of the Site certified to Developer and its title company based on the title report; and (iii) submit to City Developer’s written objections to any matter revealed by such survey or title report and a detailed written explanation of the reason for such objections.
2. Within three (3) calendar months after the date of this Agreement, Developer shall submit to City a detailed schedule of development setting forth the proposed timetable for the commencement, substantial completion and final completion of the major components of the Project (the “Development Schedule”).
3. Within three (3) calendar months after the date of this Agreement, the Developer shall (subject to the terms of the Right of Entry and Access Agreement executed by City and Developer pursuant to this Agreement) investigate the Site and submit to the City in writing any and all objections Developer may have to the condition of the Site together with a detailed written explanation of the reasons for each objection.
4. Lead public outreach for the Project and conduct public outreach meetings regarding the scope of the project in coordination with the City: within three (3) calendar months after the date of this Agreement, City and developer shall determine in good faith the extent and number of outreach meetings appropriate.
5. Prior to execution of the Ground Lease, the Developer shall submit to the City for its review and approval all organizational documents for the entities signing the Ground Lease (and, to the extent requested by City, information, certifications and/or documents relating to the ownership, control and signing authority of the direct and indirect owners, members or partners of each such entity).
6. Within ten (10) days of the date of this Agreement, Developer will disclose to City the names of primary employee contacts, consultants, or representatives anticipated to be directly involved in the Project. Developer shall promptly notify City of any changes as they occur.
7. Developer, within ten (10) days of receipt of any of the following documents, shall provide City with copies of all third-party reports, studies and similar documents, but excluding confidential or proprietary information, prepared or commissioned by the Developer with respect to the Site.
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ATTACHMENT NO. 3
FORM OF RIGHT OF ENTRY AND ACCESS AGREEMENT
(Attached.)
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RIGHT OF ENTRY AND ACCESS AGREEMENT
THIS RIGHT OF ENTRY AND ACCESS AGREEMENT (herein called this “Agreement”) is made and entered into as of ____________, by the CITY OF BEVERLY HILLS, a municipal corporation (“City”), and WEST HOLLYWOOD COMMUNITY HOUSING CORPORATION, a California nonprofit public benefit corporation (“Developer”) W I T N E S S E T H:
WHEREAS, the City is the owner of the real property more particularly described on Exhibit “A”, attached hereto (herein called the “Site”) which is subject to one or more space leases (“Leases”);
WHEREAS, concurrently with the execution of this Agreement, the City and the Developer are entering into an Exclusive Negotiation Agreement related to the Site (the “ENA”); WHEREAS, the Developer needs the right of entry upon and access to the Site for the purpose of undertaking tests, inspections and other due diligence activities (herein called the “Due Diligence Activities”) in connection with the proposed ground leasing and development of the Site;
WHEREAS, the City has agreed to give Developer a non-exclusive license to enter upon the Site to perform the Due Diligence Activities subject to and in accordance with the terms and provisions of this Agreement.
NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants and agreements contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the City and the Developer do hereby covenant and agree as follows:
1. Access by Grantee. Subject to Developer’s compliance with the terms and provisions of this Agreement, and the prior scheduling of any and all inspections with Real Property Development Manager of the City , Developer and Developer’s employees, agents and consultants designated in writing by Developer (herein collectively called “Developer’s Designees”) shall have the right to enter upon the Site, accompanied by a City representative if required by City, for the purpose of conducting the Due Diligence Activities, until the earliest to occur of: (i) the expiration or earlier termination of the ENA; (ii) the termination of this Agreement; or (iii) the execution of the Ground Lease contemplated by the ENA.
Developer acknowledges and agrees that the rights of the tenants under the Leases must be respected in connection with any such inspections, and all communications with tenants shall be conducted by City staff not Developer.
Developer expressly agrees as follows: (i) any activities by or on behalf of Developer, including, without limitation, the entry by Developer or Developer’s Designees onto the Site in connection with the Due Diligence Activities shall not disturb existing tenants or damage the Site in any manner whatsoever except for minor damage normally resulting from typical site 9 B0785-0001\3181209v2.doc
investigation activities such as soil and ground water borings recommended by a Phase II environmental report, if any is obtained by Developer based on recommendations in a Phase I environmental report; (ii) in the event the Site is altered or disturbed in any manner in connection with the Due Diligence Activities, Developer shall immediately return the Site to substantially the condition existing prior to the Due Diligence Activities, and (iii) Developer shall indemnify, defend and hold City harmless from and against any and all claims, liens, liabilities, damages, losses, costs and expenses of any kind or nature whatsoever (including, without limitation, attorneys’ fees and expenses and court costs) suffered, incurred or sustained by the City or the Site as a result of, by reason of, or in connection with the Due Diligence Activities or the entry by Developer or Developer’s Designees onto the Site, provided, however, that Developer shall not be responsible for indemnifying City with respect to (A) any pre-existing conditions which Developer merely discovers through investigation of the Property (including, but not limited to, any environmental contamination or matters), and (B) any claims, damages or liability resulting from an affirmative act of City or City’s employees, officers, contractors, subcontractors, or consultants after the date of this Agreement, or (C) any conditions caused by the gross negligence or willful misconduct of the City, or its agents, contractors or employees.
Developer shall disclose the results of all such inspections (and give copies of relevant reports) to the City, but shall otherwise keep them confidential except for disclosure to Developer’s officers, employees and consultants working on the development for the Site, and except as required by court order.
2. Insurance. Developer shall procure or maintain, and shall cause all of Developer’s Designees performing the Due Diligence Activities to procure or maintain, a policy of commercial general liability insurance issued by an insurer reasonably satisfactory to City covering each of the Due Diligence Activities with a single limit of liability (per occurrence and aggregate) of not less than $2,000,000.00, and prior to entering the Site, (or permitting any Developer Designer to enter the Site) Developer shall deliver to City a certificate of insurance evidencing that such insurance is in force and effect, and evidencing that City has been named as an additional insured thereunder with respect to the Due Diligence Activities. Such insurance shall be maintained in force throughout the term of this Agreement. If Developer’s contractors used for Due Diligence Activities are unable to meet these insurance requirements on their own, Developer may provide such coverage on their behalf.
3. Limitations; No Recording. City does not hereby convey to Developer any right, title or interest in or to the Property, but merely grants the specific and limited contractual rights set forth herein. In no event shall this Agreement or any memorandum hereof be recorded, and any such recordation or attempted recordation shall constitute a breach of this Agreement by the party responsible for such recordation or attempted recordation.
4. Notices. Whenever any notice, demand, or request is required or permitted under this Agreement, such notice, demand, or request shall be in writing and shall be addressed and delivered as provided in the notices provision of the ENA.
5. Assignment. This Agreement may not be assigned by Developer, in whole or in part, without the prior express written consent of the City in its sole and absolute discretion. 10 B0785-0001\3181209v2.doc
6. Governing Law. This Agreement shall be construed, enforced and interpreted in accordance with the laws of the State of California.
7. Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all of such counterparts together shall constitute one and the same agreement.
IN WITNESS WHEREOF, City and Developer have caused this Agreement to be executed and sealed, all the day and year first written above.
DEVELOPER:
WEST HOLLYWOOD COMMUNITY
HOUSING CORPORATION, a California
nonprofit public benefit corporation
By:
Jesse Slansky, President & CEO
CITY:
CITY OF BEVERLY HILLS,
a municipal corporation
By:
Nancy Hunt-Coffey, City Manager
APPROVED AS TO FORM:
Laurence S. Wiener, City Attorney
APPROVED AS TO CONTENT:
Sharon L’Heureux Dressel, Risk Manager
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EXHIBIT A
to
Right of Entry and Access Agreement
Description Of The Site
327-335 South Robertson Boulevard, Beverly Hills, California 90211 APN: 4333-010-901:
LOTS 39, 40 AND THE NORTHERLY 20 FEET OF LOT 41 OF TRACT NO. 6380, IN THE CITY OF
BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 69, PAGES 11 TO 20, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
12 B0785-0001\3181209v2.doc
ATTACHMENT NO. 4
CITY TASKS
1. Review the Developer's Site Plan and other submissions.
2. Promptly disclose to Developer all material facts known to City regarding the Site that is not known to Developer or observable from a diligent inspection of the Site or title to the Site (to the extent not previously disclosed to Developer).
3. Diligently prepare and process CEQA documents, to the extent reasonably possible.
4. Revise and prepare drafts of the Ground Lease and related documents to the extent reasonably permitted by the Ground Lease negotiations.
5. Coordinate with Developer in conducting public outreach and public outreach meetings.
Attachment 2
NOTICE OF UPCOMING CITY COUNCIL AND PARKING AUTHORITY MEETING
REGARDING AFFORDABLE HOUSING DEVELOPMENT ON PARKING
AUTHORITY PROPERTY AT 327-335 SOUTH ROBERTSON BOULEVARD DATE: November 12, 2025
TIME: 2:30 PM, or as soon thereafter as the
matter may be heard
LOCATION: Meeting will be held in person at:
Council Chamber
Beverly Hills City Hall
455North RexfordDrive
Beverly Hills, CA 90210
Members of the public may also
participate via teleconference;
details provided below
PROJECT 327-335 S. Robertson Boulevard
ADDRESS: (Between Olympic Boulevard and Gregory Way)
The City Council of the City of Beverly Hills, at its STUDY SESSION meeting on November 12, 2025, will discuss the potential development of an affordable housing project on a Parking Authority-owned property beginning at 2:30 PM, or as soon thereafter as the matter may be discussed. At the City Council and Parking Authority FORMAL MEETING, which begins at 7:00 PM, the Parking Authority Board of Directors, on the Parking Authority Consent Agenda, will consider whether to quitclaim the subject property to the City, and City Council, on City Consent Agenda, will consider whether to approve an Exclusive Negotiation Agreement with developer West Hollywood Community Housing Corporation.
Background includes the following:
As described in the Housing Element of the City’s General Plan, the City has committed to facilitating the development of a total of 557 units of affordable housing on multiple City properties. The developer, West Hollywood Community Housing Corporation (“WHCHC”), was previously selected through a Request for Qualifications Process to develop affordable housing on a separate City property, but site conditions limit that project’s feasibility. The subject 327-335 S.
Robertson Boulevard property is a possible alternate site that could accommodate up to approximately 80 units depending on several factors. If an Exclusive Negotiation Agreement is approved, WHCHC would further develop plans and present for community input at future noticed public meetings, which will inform project design and scope as well as the necessary steps for environmental review as may be required by the California Environmental Quality Act.
How to Participate
Members of the public can participate in, watch or listen to the City Council meeting through the following methods:
• In Person: Submit a speaker card to the City Clerk at either the Study Session or the Formal Meeting. • Oral Comment/Listen Only: Call (310) 288-2288, select Option 1 when prompted. You will be placed on a brief hold and called upon to make a comment at the appropriate time. • Video Comment (during public comment only): http://beverlyhills.org/comment • Written Comment: Email [email protected]
• Audio Only: Call (310) 288-2288, select Option 2 when prompted. • Watch LIVE: BHTV Channel 10 on Spectrum Cable or http://beverlyhills.org/live It is recommended that public written comments be submitted to the City Clerk’s office by 12:00 p.m. on the meeting date. Public comments will also be taken during the meeting when the topic is being reviewed by the City Council. Written comments should identify the Agenda Item Number or Topic in the subject line of the email. The City Clerk will read only the first three minutes (approximately 350 words) of a written comment. In the event of a large number of written comments on one item, written comments may be summarized by the City Clerk’s Office. The entire written comment shall be archived in full as part of the record. If a comment is received after the agenda item is heard, it will not be a part of the record. Public comment via video conference or in-person will be no longer than three (3) minutes per each individual comment, subject to City Council discretion based on the anticipated length in the meeting. In-person speaker cards may be submitted to the City Clerk directly during the meeting. The City Council may act on any item listed on the agenda.
If there are any questions regarding this notice, please contact Logan Phillippo, Real Property Development Manager in the Policy & Management Department (310) 285-1014, or by email at [email protected].
Submitted:
- 2 -
Pursuant to the Americans with Disabilities Act, the City of Beverly Hills will make reasonable efforts to accommodate persons with disabilities. If you require special assistance, please call (310) 285-1126 (voice) or (310) 285-6881 (TTY).
Providing at least forty-eight (48) hours advance notice will help to ensure availability of services. City Hall, including the Council Chamber and Room 280A, is wheelchair accessible. The City Hall Council Chamber and Room 280A are also equipped with audio equipment for the hearing impaired.
Logan Phillippo, Real Property Development Manager Mailed: October 20, 2025