december 13, 2018 meeting date: 9701 wilshire boulevard

RLYCity of Beverly Hills

Planning Division455 N. Rexford Drive Beverly Hills, CA 90210

TEL. (310) 285-1141 FAX. (310) 858-5966

Planning Commission Report

Meeting Date:

Project Applicant:

Recommendation:

December 13, 2018

9701 WILSHIRE BOULEVARDConditional Use Permit (PU $20447)Request for a Conditional Use Permit (CUP) to temporarily allow a vehiclesales use at 9701 Wilshire Boulevard during the renovation of the existingJim Falk Lexus Automotive Group’s showroom and dealership at 9230Wilshire Boulevard. Pursuant to the provisions set forth in the CaliforniaEnvironmental Quality Act (CEQA), the Planning Commission will alsoconsider adoption of a Categorical Exemption for this Project.

Robert Bollin, on behalf of Jim Falk Lexus Automotive Group

Staff recommends that the Planning Commission adopt a resolutionconditionally approving the Conditional Use Permit and find the Projectexempt from CEQA.

REPORT SUMMARYThe request is for a Conditional Use Permit (“CUP”) to allow a vehicle sales use (the proposed“Project”) at 9701 Wilshire Boulevard (the “Project Site”). The Jim Falk Lexus Automotive Group(the “Applicant”) proposes to use the ground floor of an existing multi-tenant building on theProject Site as a temporary relocation of the Lexus retail showroom from its current location at9230 Wilshire Boulevard. The existing Lexus dealership is scheduled to undergo renovations,and therefore, the request for a CUP at the Project Site is to allow Lexus to continue a vehiclesales use while the dealership’s permanent location is renovated. The Beverly Hills MunicipalCode1 (“BHMC”) requires a CUP for vehicle sales uses in the (C-3) Commercial Zone.

This report analyzes the compatibility of a proposed vehicle sales use at the Project Site. Staffanalysis concludes that a vehicle sales use at the Project Site will not create adverse impacts,and will operate in a compatible manner with surrounding uses. Accordingly, staff recommendsapproval of the CUP, subject to proposed conditions of approval.

1 Available online at http://www.sterlincicodifiers.com/codebooklindex.php?book id=466Attachment(s):A. Required cu FindingsB. Draft Resolutionc. Public NoticeD. Test Drive Route PlanE. customer Valet PlanF. Vehicle Storage LocationsG. Approved city Test Drive RoutesH. Architectural Plans

Report Author and contact Information:chloe chen, Assistant Planner

(310) 285-1194cchen(beverlyhills.org

Subject:

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Planning Commission Report9701 Wilshire Boulevard

December 13, 2018 of 13

BACKGROUNDFile Date 10/18/2018Application Complete 11/30/2018Subdivision Deadline N/ACEQA Recommendation Class 1 Categorical Exemption (Existing Facilities)CEQA Deadline 60 days from CEQA DeterminationPermit Streamlining 60 days from Determination of CEQA Exemption

Applicant(s) Jim Falk Lexus Automotive GroupOwner(s) LF — 9701 Wilshire, LLC.Representative(s) Robert Bollin of Jim Falk Lexus Automotive Group

Prior PC Action N/APrior Council Action N/A

PROPERTY AND NEIGHBORHOOD SETTINGAddress(es) 9701 Wilshire BoulevardAssessor’s ID No. 4343-026-004Zoning District (C-3) Commercial ZoneGeneral Plan General Commercial - Low DensityExisting Land Use(s) General Office, Medical Office, RetailLot Dimensions & Area Irregular — 23,550 square feet (0.5 acres)Year Built 1973Historic Resource The existing building was designed by Daniel, Mann,

Johnson, & Mendenhall, which is an architecture firm on theCity’s list of Master Architects.

Protected Trees/Grove None

Adjacent Zoning and Land UsesNorth (C-3) — Commercial Zone (Office and Retail)South (C-3) — Commercial Zone (Retail)East (C-3) — Commercial Zone (Office and Retail)West (C-3) — Commercial Zone (Office)

Circulation and ParkingAdjacent Street(s) Wilshire Boulevard and Roxbury DriveTraffic Volume Average Daily Trips on Wilshire Boulevard: 45,000

Average Daily Trips on Roxbury Drive (north of WilshireBoulevard): 4,700

Adjacent Alleys 20’-wide, one-way northbound alley to the westParkways & Sidewalks Wilshire Boulevard sidewalk/parkway — 15’ from face of curb

to property lineRoxbury Drive sidewalk/parkway — 12.5’ from face of curb toproperty line

CD

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Parking Restrictions

Nearest IntersectionCirculation Element

Wilshire Boulevard — No stopping from 7 AM to 7 PM, exceptSunday, adjacent to Project SiteRoxbury Drive — 1 to 3-hour metered parking adjacent toProject SiteWilshire Boulevard and Roxbury DriveWilshire Boulevard - Arterial streetRoxbury Drive - Local street

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Project Site

Neighborhood CharacterThe Project Site is located at the northwest corner of the intersection of Wilshire Boulevard andRoxbury Drive, with frontage along both Wilshire Boulevard and Roxbury Drive. Roxbury Driveis a northbound one-way street, and a 20-foot, northbound one-way alley abuts the Project Siteto the west. The portion of Wilshire Boulevard adjacent to the Project Site is characterized by midrise to high-rise buildings, occupied by office and retail uses. Abutting the Project Site to the northis a commercial building occupied by medical and retail uses; adjacent to the east is a commercialoffice use, to the south is a commercial retail use, and to the west is a building with medical officeuses.

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Project SiteThe Project Site contains a 12-story office building originally constructed in 1973, which iscommonly referred to as the ‘Roar Building,’ based on the building identification signage locatedat the top of the building. The building contains both below- and above-ground levels of parkingsituated towards the rear of the Project Site. Access to the 1 below-ground parking (basement)level is provided from the one-way alley to the west of the Project Site, and access to the 6 above-ground parking levels is provided from Roxbury Drive. The ground floor of the building is currentlyvacant, and is characterized by a double-height ceiling, a wraparound floor-to-ceiling glassfaçade, and a curvilinear building outline. The proposed Project will be located in a portion of theground floor space, with vehicle showroom space visible from both Wilshire Boulevard andRoxbury Drive street frontages.

PROJECT DESCRIPTIONThe proposed Project consists of a request for a CUP to allow a vehicle sales use associated withthe temporary relocation of the Jim Falk Lexus Automotive Group’s dealership and showroom tothe Project Site. The Applicant estimates that the remodel of the existing dealership andshowroom will take approximately 10-12 months, but could take a longer period of time (up to 18months or more) if there are unforeseen delays during the construction process. The proposedProject will occupy the ground floor space of the existing multi-tenant office building on the ProjectSite, with the proposed improvements to the tenant space consisting of sales and administrativeoffices, amenities for employees, display vehicles, and a customer center. In addition, theApplicant proposes to enlarge one set of existing doors on the Roxbury Drive frontage in order tofacilitate the placement of display vehicles within the showroom area. No vehicle servicing isproposed at the Project Site; the existing Jim Falk Lexus Automotive Group vehicle service centeris located at 9001 & 9031 Olympic Boulevard. The proposed Project will operate from 9:00 AM to8:00 PM, Monday through Saturday, and 10:00 AM — 7:00 PM, Sunday.

Parking & Valet OperationsParking for both customers and test drive vehicles will be provided on-site, within the basementlevel and on one of the above-ground parking levels (specifically, the P-2 level). Access to eachof these levels is provided separately, with access to the basement level provided from the one-way alley to the west of the Project Site, and access to the P-2 level provided from Roxbury Drive.Based on the floor area of the tenant space, 35 parking spaces ate required for the proposedProject, and 52 spaces will be provided (a 17 parking space surplus), with 42 spaces in thebasement level and 10 spaces on the P-2 level. In addition, the Applicant has indicated that theremainder of the parking structure will be accessible for their use on the weekends during whichtime the offices in the building are generally closed or underutilized. As such, the on-site parkingstructure will be capable of accommodating any excess parking demand on the weekends. Thebasement parking level will be utilized for any temporary parking or storage of new or pre-ownedvehicles for sale or lease, or trade-in vehicles, as well as any final vehicle detailing andpreparation, while employees will be provided with off-site parking. The ‘Roar Building’ contains275 parking spaces, which meets current BHMC requirements for the existing and proposed useswithin the entire building.

BEVERLYHILLS

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As shown on the proposed customer valet plan (Attachment E), customers will arrive at the ProjectSite via Roxbury Drive, where a valet station will be located adjacent to the proposed vehicleshowroom. Valet attendants will park the customers’ vehicles on either the basement or P-2levels of the attached parking structure located at the Project Site, and the vehicle will be retrievedand returned to the customer at the valet station location. No self-parking by customers in theProject Site parking structure will be permitted.

Test DrivesAs shown on the test drive route plan (Attachment D), customers conducting test drives willproceed to the valet station on Roxbury Drive accompanied by their salesperson. The valetattendant will bring the test drive vehicle from the basement level parking. The test drive willproceed north on Roxbury Drive to South Santa Monica Boulevard, where the vehicle will proceedto the west (left). The route will continue west on South Santa Monica Boulevard forapproximately one mile to Avenue of the Stars in Century City, where the driver will make a legalU-turn, and proceed east on South Santa Monica Boulevard until Wilshire Boulevard. The driverwill make a right on Wilshire Boulevard and proceed east until Roxbury Drive, where they willmake a left turn on Roxbury Drive and return to the valet station at the Project Site, where thecustomer test drive will end. In the event that a large number of vehicle test drives are occurring,the salesperson and customer may proceed to the basement level of parking, where the test drivevehicles are stored, to initiate a test drive without the use of a valet attendant. The customer willexit the basement level parking onto the one-way northbound alley abutting the Project Site to thewest, and proceed north to South Santa Monica Boulevard. At this point, the customer will turnright (east) on South Santa Monica Boulevard, and then a left turn (north) on Roxbury Drive toNorth Santa Monica Boulevard, and complete the test drive route as proposed. The proposedtest drive route is consistent with the City’s approved test drive routes, as shown in AttachmentG.

Vehicle StorageThe Applicant currently leases space in a parking garage located at 2030 Century Park West inCentury City, which provides approximately 750 parking spaces for vehicle storage. This facilityis shown on Attachment F, and will be accessed via the same route as the test drive (for theportion entering and exiting from Beverly Hills). New vehicles (approximately 600), pre-ownedvehicles (approximately 75-1 00), and lease return vehicles (approximately 50-100) are stored inthis location. Jim Falk Lexus employees perform new vehicle preparation and light detailing ofvehicles at this facility. Customers are unable to drive to this location with their own vehicle orleave the vehicle storage location with a purchased vehicle.

While most of the vehicle inventory will be stored at the Century Park West facility, the Applicantalso leases the 9200 Wilshire Boulevard site for additional vehicle storage of up to approximately175 vehicles. The 9200 Wilshire Boulevard site is supplemental to the Century Park West storagefacility, and the dealership’s intention is to eventually transition from using this site as theownership of the 9200 Wilshire Boulevard site is currently in the process of obtaining buildingpermits to develop the site with a mixed-use project. Attachment F also shows the 9200 WilshireBoulevard location, and the route by which the facility is accessed (via Wilshire Boulevard).

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New and Pre-Owned Vehicle SalesAll final sales and delivery of vehicles to customers will occur at the Project Site. Although somevehicle inventory may be available for sale or lease at the Project Site, most vehicles for sale orlease will be stored at 2030 Century Park West. In addition, both test drive and display vehiclesstored at the Project Site are available for purchase or lease by customers. In the event that thedesired vehicle is not available on the Project Site, a vehicle from the storage locations will betransferred to the Project Site. In addition, the customer may accompany their salesperson to the2030 Century Park West storage facility to view a desired vehicle. Vehicles retrieved from thestorage sites will be temporarily stored in the basement parking level for light preparation (asconditioned, this will include a waterless wash, wipe down, or vacuum by hand).

Sales of pre-owned vehicles are primarily conducted on an appointment basis. Customers areable to view pre-owned vehicle inventory online and then schedule an appointment with the store.The specific pre-owned vehicle will be moved from storage and parked in the basement level ofthe Project Site temporarily (unless sold).

Vehicle Trade-In and Lease ReturnsCustomers who are purchasing a new vehicle will be able to trade in their old vehicle at the ProjectSite. The customer’s old vehicle will be stored in the basement level parking by the valet, wheresales staff will appraise the vehicle. Once the customer receives the new vehicle, a porter willrelocate the customer’s trade-in vehicle to the 2030 Century Park West storage facility. In theevent that the customer decides not to trade in their vehicle for a new one, a porter will return thecustomer’s vehicle back to the customer at the Roxbury valet station.

Customers who wish to return a leased vehicle will arrive at the Roxbury Drive valet station andnotify the attendant that they are returning a lease vehicle. The valet attendant will move thereturned vehicle to the basement parking level, where Jim Falk Lexus staff will process the return.The customer will leave the Project Site via private transportation means.

REQUIRED ENTITLEMENTS.As proposed, the Project requires the following entitlement:

• Conditional Use PermitPursuant to BHMC §10-3-1613, a vehicle sales use at the Project Site requires a CUP tooperate in the (0-3) Commercial Zone.

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GENERAL PLAN POLICIES2The General Plan includes goals and policies relevant to the Planning Commission’s review ofthe Project, including:

• Policy LU 2.1 City Places: Neighborhoods, Districts, and Corridors. Maintain andenhance the character, distribution, built form, scale, and aesthetic qualities of the City’sdistinctive residential neighborhoods, business districts, corridors, and open spaces.

• Policy LU 9 Diverse Districts and Corridors. A diversity of vital and active business andcommercial districts providing a choice of uses and activities for the City’s residents andvisitors.

• Policy LU 11 Well-Designed and Attractive Districts. Retail and office districts that arewell-designed and attractive, provide a positive experience for visitors and communityresidents, and foster business activity.

• Policy LU 11.7 Connectivity to Parking. Require that commercial and office districts belinked to parking areas and garages by well-designed and attractive pedestrian corridors.

• Policy LU 15 Economic Sustainability. Vital and successful businesses that contributeto the City’s identity and culture, provide high-paying jobs, and contribute revenue thatsustains the level and quality of services in the City.

• Policy LU 15.3 Revitalization of Vacant and Underutilized Buildings. Promote therevitalization of distressed, underutilized, and vacant building to sustain economic vitality,activity, and provide income for City services.

ENVIRONMENTAL ASSESSMENTThis Project has been assessed in accordance with the authority and criteria contained in theCalifornia Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.),the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.),and the environmental regulations of the City. Upon review, the Project appears to qualify for aClass 1 Categorical Exemption (Existing Facilities) in accordance with the requirements of Section15301 of the state CEQA Guidelines. This exemption is applicable to the operation, repair,maintenance, permitting, leasing, licensing, or minor alteration of existing public or privatestructures, facilities, mechanical equipment, or topographical features, involving negligible or noexpansion of use.

The proposed Project includes tenant improvements to the ground floor of an existing commercialbuilding. The existing building on the Project Site was designed by an architecture firm on theCity’s List of Master Architects, and is a potential historic resource. The minor alterationsproposed to the exterior of the building include the temporary replacement of the storefront system

2 Available online at: htt://www.beverlyhills.orq!business/constructionlanduse/generalplan/generalplandocument/

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and entry doors to accommodate vehicular access to the showroom (for ingress and egress ofdisplay vehicles). As conditioned, these alterations to the exterior of the potential historic resourcewill comply with the Secretary of the Interior’s standards. As a result of the proposed conditionsof approval, the proposed Project would not result in any significant environmental impacts, andtherefore, staff recommends that the Planning Commission find the Project exempt from furtherreview under CEQA.

PUBLIC OUTREACH AND NOTIFICATION

Applicant Outreach EffortsStaff is unaware of any outreach efforts byowners.

Public Comment

the applicant to neighboring tenants and property

As of the writing of this report, staff received one inquiry aboutbut no further response was provided after follow-up.

the Project via voicemail message,

ANALYSIS3Project approval, conditional approval, or denial is based upon specific findings for thediscretionary action requested by the Applicant. The specific findings that must be made in orderto approve the Project are provided as Attachment A to this report, and the draft resolution inAttachment B contains draft language for findings that may be used to guide the PlanningCommission’s deliberation on the proposed Project.

In reviewing the requested entitlement, the Commission mayinformation as it relates to the Project and required findings.

wish to consider the following

The analysis provided in this section is based on draft findings prepared by the report author prior to the public hearing. ThePlanning commission in its review of the administrative record and based on public testimony may reach a different conclusionfrom that presented in this report and may choose to modify the findings. A change to the findings may result in a final action thatis different from the staff recommended action in this report.

Required Actual Required ActualType of Notice Period Period Date Date

Newspaper Notice 20 Days 20 Days 11/23/18 11/23/18

Mailed Notice 20 Days 22 Days 11/23/18 11/21/18(Owners & Occupants - 1000’Radius + block face)

Property Posting 20 Days 22 Days 11/23/18 11/21/18

Agenda Posting 72 Hours 7 Days 12/10/18 12/6/18

Website (Agenda) 72 Hours 7 Days 12/10/18 12/6/18

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Parking and TrafficParking for the proposed Project will be provided on the Project Site, with 42 parking spacesprovided in the basement level, and 10 parking spaces in the P-2 level, for 52 parking spacesin total. 35 parking spaces are required by the BHMC for the proposed Project, resulting in a17 space surplus. In addition, the Applicant has indicated that the remainder of the parkingstructure will be accessible for their use on the weekends during which time the offices in thebuilding are generally closed or underutilized. As such, the on-site parking structure will becapable of accommodating any excess parking demand on the weekends, which tends to bethe peak period for sales activity. The Project Site will also accommodate all parking demandfor test drive vehicles, exchange of used or leased vehicles, and vehicles for purchase asneeded in the basement parking level. Employees of the Project Site will park at a designatedoff-site location, and full valet service will be provided for customers visiting the Project Site.Circulation related to the parking structures will continue to function consistent with currentpatterns, and separate access to the basement level of parking (which will serve all of theApplicant’s on-site vehicle inventory needs) is provided via the alley to the west. Theproposed test drive route Ian (Attachment D) is consistent with the City’s approved test driveroutes (Attachment G). Given the Project Site conditions, it is unlikely the proposed Projectwill create adverse parking and circulation impacts. With regard to traffic impacts, Table 1.below provides information regarding trip generation rates for various uses, including typicaluses permitted in the (C-3) Commercial Zone.

Table 1. Comparison of Trip Generation Rates

ITE Code ‘ Weekday AM Weekday PM Saturday Peakse (Joth Edition) Peak Hour Peak Hour Hour

Automobile Sales(New)

840 23 trips 29 trips 48 trips

201 1 Final EIR (9230Wilshire Blvd. N/A 32 trips 45 trips 38 tripsDealership)

General OfficeBuilding

710 14 trips 14 trips 7 trips

Retail876 12 trips 50 trips 64 trips

(Apparel Store)Retail

875 7 trips 24 trips 42 trips(Department Store)

Trip generation data from the Institute of Transportation Engineers (ITE) Trip GenerationManual (loth Edition) for automobile sales (new) is provided above. The manual describesthe automobile sales (new) land use as including “the sale or leasing of new cars as theprimary business. . .though automobile services, parts sales, and used car sales may beavailable”. In comparison to uses that would be permitted by-right in the (C-3) CommercialZone, such as general office or retail (apparel or department store), it appears that the ITE

Trip generation data is sourced from the 10th Edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual.

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data indicates the proposed Project would generate more trips than a general office use, butcomparable or fewer trips than a retail use. This data also demonstrates that the peaks forthe office use and automobile sales use are generally reversed: the peak rates for theautomobile sales use occur on the weekend, while the peak rates for the office occur duringthe week.

The table also includes data extracted from the 2011 Final Environmental Impact Report (EIR)prepared for a previous proposal to redevelop the existing Lexus dealership and showroomlocated at 9230 Wilshire Boulevard. This data reflects the existing number of peak trips to theLexus dealership in 2011, and captures trips related to serviced vehicle storage and retrieval,loaner vehicle storage and retrieval, inventory transfer, and test drives. This data is includedfor reference as a comparative baseline for trips associated with the Applicant’s dealershipoperation that included sales, service, and vehicle transfers. Since the proposed Project willinclude both vehicle sales and inventory transfers, but will not include vehicle-servicingoperations at the Project Site (all vehicle servicing will occur at 9031 & 9001 OlympicBoulevard), it is reasonable to conclude that trips will be significantly lower than the 2011 tripdata since vehicle service comprises much of the weekday activity. The Applicant has alsoprovided data from their valet logs from October 16, 2018 to November 26, 2018 at theexisting Lexus dealership at 9230 Wilshire Boulevard, summarized in Table 2. below.

Table 2. Valet Log Data for Existing Dealership

Maximum MaximumAverage AverageWeekday WeekendWeekday . Weekend

(Single Day) (Single Day)

Valet Logs 27 trips 46 trips 32 trips 49 trips

Although the valet logs provide data via a different metric (average and maximum vs. peakhour trips), this information contributes a snapshot of the existing Lexus dealership’s typicaltrip generation during a 6-week period. The valet log data only includes customer trips relatedto sales, and does not include inventory transfers or service.

The data in the valet logs shows that an average of customer trips to the existing dealershipspread throughout the whole day is roughly equivalent to the trip rates for one peak hour fora dealership in the ITE data. Both the ITE data and the 2011 EIR data capture trips relatedto a vehicle service use (either provided on site or interacting with a service site). Theproposed Project will not provide a vehicle service use on the Project Site, nor interact withthe existing Lexus vehicle service center. Based on these facts, it can be demonstrated thattrips generated by a dealership with this limited scope of operation (sales and inventorytransfers only) will likely be significantly less than those shown in the 2011 EIR or ITE ratedata. In summary, the proposed Project is anticipated to generate trips that are comparableto or less than that of a by-right commercial use in the (C-3) Commercial Zone. Given thatthe proposed Project will not result in a substantial increase of trips in comparison to permitted

This period includes November 22, 2018, during which the dealership was closed in observance of the Thanksgiving Day holiday.

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December 13, 2018 o113

uses in the (C-3) Commercial Zone, and the limited operational scope of the dealership uses,no adverse traffic impacts are anticipated.

Compatibility of Use and OperationsWith regard to compatibility of the use of the Project Site for vehicle sales, the nature of theuse and potential for impacts of the operations at the specific location should be evaluated.The Project Site is located on Wilshire Boulevard, which is an arterial street characterized bya wide range of commercial uses, including general office, retail, restaurant, personal serviceuses, and hotel uses. Existing development along this portion of the Wilshire Boulevardcommercial corridor includes mid- to high-rise buildings, with the Project Site notable for its1 2-story height. The Project Site is not located within 170’ of single or multi-family residentialuses, and is not included within the Pedestrian-Oriented area. Immediately adjacent to theProject Site are general office uses, medical office uses, and a retail department store, anduses within the Project Site building consist primarily of general office and medical office uses.The proposed Project will operate compatibly with the other uses in this area, as it will operatesimilarly to a retail and general office use.

As detailed in the project description above, the day-to-day operations of a vehicle sales useprincipally include administrative office uses, transfer of vehicles to and from the site for testdrive or purchase, test drives of vehicles with customers, and vehicle trade-ins or leasereturns. No vehicle servicing will occur on the Project Site, though light vehicle preparation(as conditioned, this will include a waterless wash, wipe down, or vacuum by hand) forpurchased or leased vehicles will take place in the basement parking level. This type ofvehicle preparation will not generate excessive noise, unpleasant odors, or noxious fumes. Inaddition, the Applicant will primarily utilize the basement parking level for temporary storageof test drive vehicles or vehicles for purchase or transfer. As such, the proposed Project willoperate in a manner similar to typical office or retail uses, with customers and employeescoming and going from the Project Site throughout the day. As previously discussed, theproposed use will not substantially increase the number of trips during weekday peak hourtimes. In addition, the peak times for the vehicle sales use and general office use are generallyinverse, making the proposed Project more symbiotic with the existing uses at the ProjectSite.

The Project will operate during business hours consistent with general commercial uses inthis area of the City. In addition, the proposed Project will be located in the ground floor spaceof the Project Site, which is currently vacant. The proposed use of this space will revitalizethe streetscape along this portion of Wilshire Boulevard, with greater visual interest andactivity. The proposed Project will be conditioned to operate in a manner that will help limitimpacts to surrounding uses, specifically by limiting the location of temporary vehicle inventorystorage and transfer activities, location of vehicle preparation, test drive routes, and customervalet routes. Further, the Applicant will use this location on a temporary basis while theexisting Jim Falk Lexus dealership undergoes renovation. As a result of the Project Sitelocation, operational components, and proposed conditions of approval, the proposed Projectwill be compatible with adjacent properties, and will not be detrimental to the public welfare.

LLS

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Time Frame for Proposed UseAs previously discussed, the CUP request is necessitated to accommodate a temporaryrelocation of the existing Lexus dealership and showroom to the Project Site while the existingdealership undergoes renovations. The Applicant estimates that the remodel of the existingdealership and showroom will take approximately 10-12 months, but could take a longerperiod of time (up to 18 months or more) if there are unforeseen delays during the constructionprocess. As such, the draft resolution (Attachment B) includes a recommended validity periodof two (2) years for the CUP, with a one (1) year extension available to be approved by theDirector of Community Development, if the Applicant has abided by the conditions imposed,has not created adverse impacts, and there are delays related to the renovation activity. Inthe event that the Applicant has not complied with the CUP provisions, the Director ofCommunity Development may require the CUP to return to the Planning Commission forfurther review. Any subsequent extensions beyond this would require Planning Commissionreview as well. This condition will ensure that the proposed Project will remain a temporaryuse at the Project Site, while enabling the Applicant to complete necessary constructionactivities.

Project Benefits and ConcernsIn consideration of the analysis provided, a summary of the potential benefits and concernsrelated to the Project is shown in the table below:

• Retain a key business within the Cityduring renovations.

• Promote occupancy of avacant commercial space.

• Provide operational standards toensure there are no detrimentalimpacts to the community during thelimited-term operation of the ProjectSite.

• Project Site is not located withinresidentially zoned propertiesPedestrian-Oriented Areatriangle.

C

Potential Benefits Potential Concerns

currentlySite

• No ability to assess previous operationof a vehicle dealership at the Project

• Possibility that a time extension of theCUP will be necessary, dependent onconstruction timelines.

• Potential for operational conflicts withexisting office users at the Project Site.

170’ ofor the

of the

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NEXT STEPSIt is recommended that the Planning Commission conduct the public hearing and adopt theattached resolution conditionally approving the requested Temporary Conditional Use Permit withthe draft conditions of approval.

Alternatively, the Planning Commission may consider the following actions:1. Approve the project with modified findings or conditions of approval.2. Deny the project, or portions of the project, based on revised findings.3. Direct staff or Applicant as appropriate and continue the hearing to a date (un)certain,

consistent with permit processing timelines, and at applicant’s request or consent.

Report Reviewed By:

Ryan GbhItch AICP.7 /.

AssI9t Director of Community Development

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December 13, 2018

ATTACHMENT A

Required Findings

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December 13, 2018

BHMC §10-3-1613: VEHICLE SALES, SERVICE OR FUEL STATIONS; CONDITIONAL USEPERMIT CRITERIA:

In addition to the criteria set forth in article 38 of this chapter, the following criteria shall beconsidered by the planning commission when reviewing conditional use permit applications forvehicle sales, service or fuel station uses:

A. Whether the proposed use is compatible with the area and surrounding uses;

B. Whether the proposed use will have adequate buffering between the use and residential areas;

C. Whether the proposed use will create an adverse traffic impact or a traffic safety hazard topedestrians or to vehicles, including, but not limited to, an adverse impact on traffic circulationor parking;

D. Whether the proposed use will create excessive noise, unpleasant odors, noxious fumes,excessive lighting, or substantial interference with neighboring properties or uses due to theactivities associated with the proposed use or its hours of operation.

The planning commission may impose any conditions which are necessary to preserve the publichealth, welfare or safety, or to mitigate any potential adverse impacts resulting from theestablishment of a vehicle sales, service orfuel station use. (Ord. 91-0-2133, eff. 12-5-1991)

BHMC §10-3-3800: CONDITIONAL USE PERMIT AUTHORIZED:

Pursuant to an application and hearing procedure as provided in article 37 of this chapter forgranting a variance, the planning commission may authorize conditional uses as specified in thiscode if the planning commission finds that the proposed location of any such use will not bedetrimental to adjacent property or to the public welfare.

Conditionally permitted uses shall be designated and listed in this code under the zone in whichthey are permitted. Additionally, a list of all uses which may require a conditional use permit shallbe maintained in the office of the department of planning and community development and shallbe available to the public free of charge. Noticing shall be completed in accordance with article2.5 of this chapter and the city’s public notice guidelines. (Ord. 14-0-2661, eff. 6-20-2014)

ER1Y

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December 13, 2018

ATTACHMENT B

Draft Resolution

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RESOLUTION NO.

A RESOLUTION OF THE PLANNING COMMISSION OF THECITY OF BEVERLY HILLS CONDITIONALLY APPROVING ACONDITIONAL USE PERMIT FOR A VEHICLE SALES USEFOR THE PROPERTY LOCATED AT 9701 WILSHIREBOULEVARD (PL 1 $20447).

The Planning Commission of the City of Beverly Hills hereby finds, resolves, and

determines as follows:

Section 1. Jim Falk Lexus Automotive Group (the “Applicant”), has submitted

an application for a Conditional Use Permit (“CUP”) to allow a vehicle sales uses (the “Project”)

located at 9701 Wilshire Boulevard (the “Project Site”). Pursuant to Beverly Hills Municipal Code

(“BHMC”) §10-3-1604, a vehicle sales use requires a CUP in the C-3 Commercial Zone. The

Applicant has requested the CUP in order to permit a temporary relocation of the existing Jim Falk

Lexus Automotive Group’s dealership and showroom from its current location at 9230 Wilshire

Boulevard while it undergoes renovations. The Project Site is currently improved with a 12-story

commercial office building, and a parking structure comprised of 1 level of below-ground parking,

and 6 levels of above-ground parking. The Project will be located within the ground floor space

of the existing building, and will include sales and administrative offices, amenities for employees,

display vehicles, and a customer center. No vehicle servicing will occur on the Project Site, as only

final vehicle detailing and preparation will be permitted.

Section 2. The Project Site is located at the northwest corner of the intersection

of Wilshire Boulevard and North Roxbury Drive, with frontage along both Wilshire Boulevard

and Roxbury Drive. Roxbury Drive is a northbound one-way street, and a 20-foot, northbound

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one-way alley abuts the Project Site to the west. The portion of Wilshire Boulevard adjacent to the

Project Site is characterized by mid-rise to high-rise buildings, occupied by commercial office and

retail uses. Abutting the Project Site to the north is a commercial building primarily occupied by

medical uses; adjacent to the east is a commercial office use, to the south is a commercial retail

use, and to the west is a building with medical office uses.

Section 3. The Project has been environmentally reviewed pursuant to the

California Environmental Quality Act (Public Resources Code Sections 21000, el seq. (“CEQA”),

the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.), and

the City’s environmental guidelines. The Project qualifies for a categorical exemption pursuant to

CEQA Guidelines Section 15301 (Class 1). Specifically, the Project includes interior tenant

improvements, and minor alterations to the exterior of the existing private facility. In addition, the

existing building on the Project Site was designed by an architecture firm on the City’s List of

Master Architects, and is a potential historic resource. The minor alterations proposed to the

exterior of the building include the temporary replacement of the storefront system and entry doors

to accommodate vehicular access to the showroom (for ingress and egress of display vehicles).

These alterations to the exterior of the potential historic resource are temporary in nature and will

comply with the Secretary of the Interior’s standards. As a result, the Project will not result in any

significant environmental impacts, and therefore, the Planning Commission finds the Project

exempt from further review under CEQA.

Section 4. Notice of the Project and the public hearing was mailed on

November 21, 2018 to all property owners and residential occupants within a 1,000-foot radius

2

32

plus block face of the property; an on-site notice was posted on the Project Site on November 21,

201 8; and a notice was published in two newspapers of local circulation, the Beverly Hills Courier

and the Beverly Hills Weekly, on November 23, 2018 and November 29, 2018, respectively. On

December 13, 2012, the Planning Commission considered the application at a duly noticed public

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

Section 5. In considering the request for a Conditional Use Permit, the

Planning Commission considered whether it could make the following findings in support of the

Project:

1. Whether the proposed use is compatible with the area and surrounding uses;

2. Whether the proposed use will have adequate buffering between the use and

residential areas;

3. Whether the proposed use will create an adverse traffic impact or a traffic

safety hazard to pedestrians or to vehicles, including, but not limited to, an adverse

impact on traffic circulation or parking;

4. Whether the proposed use will create excessive noise, unpleasant odors,

noxious fumes, excessive lighting, or substantial interference with neighboring

properties or uses due to the activities associated with the proposed use or its hours

of operation; and

5. Whether the proposed location of the use will be detrimental to adjacent

property or to the public welfare.

33

Section 6. Based on the foregoing, the Planning Commission hereby finds and

determines as follows with respect to the Conditional Use Permit:

1. The Project consists of the operation of a vehicle sales use during the

renovation of the existing Jim Falk Lexus Automotive showroom and dealership located at

9230 Wilshire Boulevard. The Project Site is located along the Wilshire Boulevard

commercial corridor, which is an arterial thoroughfare characterized by a mix of

commercial uses, such as office, retail, restaurant, and hotel uses. The Project will be

located within the ground floor tenant space of the Project Site, and will include interior

tenant improvements and minor alterations to the exterior of the building. Existing

development in the surrounding area includes mid- to high-rise buildings. Adjacent to the

Project Site are general office uses, medical office uses, and retail uses, including a retail

department store, while the uses within the Project Site building consist primarily of

general office and medical office uses. The Project Site is not located within 170’ of a

residentially zoned property, and thus, is not subject to the Commercial-Residential

Transition Area standards. In addition, the Project Site is not located within the Pedestrian-

Oriented Area. The operation of the Project will include administrative office uses, sales

of new and pre-owned vehicles, transfer of vehicles to and from the site for test drive or

purchase, test drives of vehicles with customers, and vehicle trade-ins or lease returns.

These uses will operate in a manner generally consistent with the retail and commercial

uses adjacent to the Project Site. Further, the Project will occupy a currently vacant space,

which will contribute to the vibrancy of the surrounding streetscape and business district.

As such, the proposed vehicle sales use will be compatible with the surrounding area and

uses.

4

34

2. The Project Site is located at the northwest corner of the intersection of

Wilshire Boulevard and Roxbury Drive, with frontage along both Wilshire Boulevard and

Roxbury Drive. Roxbury Drive is a northbound one-way street, and a 20-foot, northbound

one-way alley abuts the Project Site to the west. The portion of Wilshire Boulevard

adjacent to the Project Site is characterized by mid-rise to high-rise buildings, occupied by

commercial office, medical office, restaurant, hotel, and retail uses. Abutting the Project

Site to the north is a commercial building occupied by medical and retail uses; adjacent to

the east is a commercial office use, to the south is a commercial retail use, and to the west

is a building with medical office uses. The Project Site is not located within 170’ of a

residentially zoned property, and thus, is not subject to the Commercial-Residential

Transition Area standards. In addition, the Project Site is not located within the Pedestrian-

Oriented Area, but is within the City’s business triangle. The Conditions of Approval

require the Applicant to perform test drives and vehicle transfers between sites in

compliance with the City’s approved test drive routes detailed in Article 7 of Chapter 4 of

Title 4 of the Beverly Hills Municipal Code, and provided in Exhibit C of this Resolution.

This ensures that only certain streets are utilized for the test drives, which will limit the

potential for impacts on the City’s residential areas. Due to the Project Site’s location in

the primary commercial area of the City, there is adequate buffering between the use and

residential areas.

3. The Project will be located in the ground floor space of the Project Site, and

will utilize the basement level and one upper level of parking in the on-site parking

structure. The Project Site will accommodate all parking demand for test drive vehicles,

exchange of used or leased vehicles, and vehicles for purchase as needed. In order to

5

35

eliminate on-street parking impacts, the Applicant provides employee parking at an off-

site location, and valet parking for its customers on-site. The Project requires 35 parking

spaces, and the Applicant will have access to a minimum of 52 parking spaces for their

use, providing a surplus of 17 parking spaces. In addition, the Applicant has indicated that

the remainder of the parking structure will be accessible for their use on the weekends

during which time the offices in the building are generally closed or underutilized. As

such, the on-site parking structure will be able to accommodate any excess parking demand

on the weekends. Circulation related to the parking structures will continue to function

consistent with current patterns, and separate access to the basement level of parking

(which will serve more of the Applicant’s vehicle inventory needs) is provided via the alley

to the west. Moreover, the approved Test Drive Route, attached as Exhibit A to this

Resolution, will be utilized for any test drives, and transfer of vehicle inventory to and from

the Project Site. The approved Test Drive Route is consistent with the City’s approved test

drive routes, detailed in Article 7 of Chapter 4 of Title 4 of the Beverly Hills Municipal

Code, and provided in Exhibit C of this Resolution. The Conditions of Approval have

incorporated a requirement for employee training regarding the approved Test Drive Route,

and the posting of the route in a conspicuous place to ensure compliance. The Project

consists of a vehicle sales use, which primarily entails the sale or leasing or new vehicles,

and ancillary operations such as vehicle trade-ins and pre-owned vehicle sales. Based on

an assessment of vehicle trips associated with a strictly retail sales operation (no service),

the Project will generate comparable or fewer trips than a typical, by-right commercial use

permitted in the C-3 Commercial Zone. In addition, the field surveyed trip generation rates

as well as the valet logs from the existing Lexus showroom and dealership demonstrate

6

36

that the peak rates for automobile sales typically occur on weekends, which is an off-peak

time for most office uses. Given that the scope of operation of the Project dealership will

be limited to sales and vehicle inventory transfers only, with no vehicle service uses

occurring on site or vehicle transfer to the service site, the vehicle sales use will not create

adverse traffic impacts, or impacts related to circulation and parking.

4. The Project consists of a vehicle sales use, primarily of new automobiles,

but inclusive of vehicle leasing and trade-in, and sale of pre-owned vehicles. No vehicle

servicing will take place on the Project Site, as the Applicant’s existing vehicle service

center is located at 9001 & 9031 Olympic Boulevard. Only final detailing and vehicle

preparation for the customer, such as a wash, wipe down, or vacuum by hand, will take

place on the Project Site. The Conditions of Approval require any vehicle preparation on

the Project Site to be waterless, and to occur in the basement parking level of the Project

Site only. In order to ensure that the Project operates compatibly with the existing office

uses in the building on the Project Site, the Conditions of Approval also require the

Applicant to utilize the basement parking level for any temporary parking or storage of

vehicles for sales, test drives, trade-in, leasing, or pre-owned vehicle appointments. In

addition, the Project has been conditioned to comply with the City’s Noise Ordinance at

all times, and to maintain the portion of the Project Site under the Applicant’s control in a

clean and orderly manner. The Project will operate during business hours consistent with

general commercial uses in this area of the City, and consistent with the permitted hours

for the Commercial-Residential Transition Area (although the Project Site is not subject to

Commercial-Residential Transition regulations). The limited vehicle preparation and

operations of the Project do not include any use that may generate excessive noise,

7

37

unpleasant odors, noxious fumes, or excessive lighting. The Project will function in a

similar manner to a retail or office uses, with customers coming and going throughout the

day. Therefore, the Project will not create adverse impacts related to noise, odors, fumes,

or lighting, and will not substantially interfere with neighboring properties or uses.

5. The Project Site is located at the northwest corner of the intersection of

Wilshire Boulevard and Roxbury Drive, with frontage along both Wilshire Boulevard and

Roxbury Drive. The portion of Wilshire Boulevard adjacent to the Project Site is

characterized by mid-rise to high-rise buildings, occupied by office and retail uses.

Abutting the Project Site to the north is a commercial building occupied by medical and

retail uses; adjacent to the east is a commercial office use, to the south is a commercial

retail use, and to the west is a building with medical office uses. The Project Site is not

located within 170’ of a residentially zoned property, and thus, is not subject to the

Commercial-Residential Transition Area standards. In addition, the Project Site is not

located within the Pedestrian-Oriented Area, but is located within the City’s business

triangle. The Conditions of Approval require the Applicant to perform test drives and

vehicle transfers between sites in compliance with the City’s approved test drive routes

detailed in in Article 7 of Chapter 4 of Title 4 of the Beverly Hills Municipal Code, and

provided in Exhibit C of this Resolution, which will help limit the potential for impacts to

residential neighborhoods. The operation of the Project will include administrative office

uses, sales of new and pre-owned vehicles, transfer of vehicles to and from the site for test

drive or purchase, test drives of vehicles with customers, and vehicle trade-ins or lease

returns. These uses will operate in a manner generally consistent with the retail and

commercial uses adjacent to the Project Site, with customers coming and going during

$

38

normal business hours. The Project will be located in a previously vacant ground floor

commercial space; the Applicant’s occupancy of this space will contribute greater visual

interest and activity to this area of Wilshire Boulevard. In addition, the Project consists of

services and business that provide revenue to the City and are necessary and convenient

for the residents of the City. Further, the Applicant will use this location on a temporary

basis while the existing Jim Falk Lexus dealership undergoes renovation, and as a result,

the Conditions of Approval provide a limited time frame for the use to occur at the Project

Site. The Project will enhance the Wilshire Boulevard commercial corridor, operate in a

manner compatible with adjacent commercial uses, and will not create detrimental impacts

to the public welfare.

Section 7. Based on the foregoing, the Planning Commission hereby grants the

requested Conditional Use Permit. The Project is subject to the following conditions:

1. The Planning Commission expressly 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 Applicant.

2. The conditions set forth in this resolution are specifically tailored to

address the operations of Jim Falk Lexus at the Project Site as presented and

approved by the Planning Commission. To ensure that any subsequent automobile

9

39

service uses operated at the Project Site do not cause adverse impacts to the

surrounding neighborhood, any transfer of ownership, management, or control of

the dealership shall be reviewed by the Director of Community Development to

determine whether the proposed change substantially conforms to the Project

approved by the Planning Commission. If the Director determines that the proposed

change does not substantially conform to the approved Project, the Director shall

schedule a hearing before the Planning Commission in accordance with provisions

of Section 10-3-3801 of the Beverly Hills Municipal Code. The Planning

Commission expressly reserves jurisdiction at said hearing to revoke the CUP or to

impose additional conditions as necessary to ensure that the operation of the Project

Site is compatible with adjacent land uses. The full cost of any such review hearing

and implementation of any additional conditions or mitigation measures shall be

paid for the Applicant.

3. The Applicant shall obtain a Public Right-of-Way Use Permit each

time a temporary ramp is proposed to provide vehicular access to the showroom.

The temporary ramp shall be constructed according to applicable City standards, and

is subject to approval by the City Engineer. The use of the public right-of-way for

temporary ramping shall occur during prescribed hours, subject to approval by the

City Engineer.

4. Prior to vacation of the premises, the Applicant shall restore any off

site improvements in the public right-of-way according to City standards, and in a

form satisfactory to the City Engineer, or his or her designee. To ensure restoration,

the Applicant shall provide a bond for the protection of the public right-of-way in a

10

40

form satisfactory to the City Attorney and City Engineer, in an amount determined

by the City Engineer to be sufficient to cover full and complete restoration.

5. All survey monuments, underground utilities, and any existing off-

site improvements affected by the construction shall be re-established according to

City standards and shall be paid for by the Applicant.

6. The Applicant shall provide final details and specifications, subject

to approval by the City’s Urban Designer, for the proposed replacement of the

storefront system and entry doors to accommodate the vehicular access to the

showroom from Roxbury Drive. The replacement plan shall be in compliance with

the Secretary of the Interior’s Standards, subject to approval by the City’s Urban

Designer, which may include a plan for the preservation and restoration of the

original storefront system and entry doors. Prior to issuance of building permit for

the Project, a deposit from the Applicant to ensure the restoration of the original

storefront system and entry doors may be required, at the discretion of the Director

of Community Development.

7. No vehicle service uses shall take place on the Project Site, except

for final vehicle preparation and detailing in the basement parking level of the

Project Site. Any vehicle preparation and detailing at the Project Site shall be

waterless.

8. The Project shall provide code-compliant parking within the Project

Site at all times. Employees shall be provided off-site parking, free of charge, during

the operation of the proposed Project.

II

41

9. Except as expressly required by law, employees shall be prohibited

from parking on City streets. The Applicant shall actively discourage vendors and

other vehicles associated with or doing business with the dealership or its employees

from parking on City streets.

10. Vehicle test drives must follow the approved Test Drive Route

provided in Exhibit A of this Resolution. In addition, all test drive routes shall

comply with the City’s approved test drive routes detailed in Article 7 of Chapter 4

of Title 4 of the Beverly Hills Municipal Code, and provided in Exhibit C of this

Resolution. The approved vehicle test drive route shall be posted in a conspicuous

location at the Project Site in clear view for employees, and the Applicant shall be

responsible for notifying all employees of the approved route.

11. Vehicles transferred to or from the Project Site from vehicle storage

facilities shall be moved by porters or employees of the Applicant only, consistent

with the City’s approved test drive routes detailed in Article 7 of Chapter 4 of Title

4 of the Beverly Hills Municipal Code, and provided in Exhibit C of this Resolution.

In addition, the basement parking level shall be used for any temporary storage or

parking of vehicles related to sales, transfer of vehicles, test drives, trade-in, leasing,

or pre-owned vehicle appointments.

12. Valet services and free parking shall be provided for all customers

at the Project Site. The valet attendants shall follow the approved Customer Valet

Routes, provided in Exhibit B of this Resolution.

12

42

13. Delivery vehicles of any kind, which are under contract or control

of the dealership, shall be prohibited from parking along the public streets or alleys.

The existing loading zone in the alley may be utilized for deliveries.

14. The Applicant shall be responsible for notifying all employees of

the operational conditions within this resolution.

15. Prior to the issuance of building permits, any changes to the exterior

of the building, including signage, are subject to Architectural Review.

16. The Project shall operate at all times in compliance with the City’s

Noise Ordinance, and shall maintain the portion of the premises under the

Applicant’s control in a clean and orderly manner.

17. The Project shall operate at all times in a manner not detrimental to

surrounding properties or residents by reason of lights, noise, activities, parking or

other actions.

1$. The Director of Community Development shall have the authority

to impose additional conditions as necessary relating to the operation of the proposed

use, including but not limited to, issues relating to traffic circulation, parking, noise,

lighting, and odors to mitigate any other unanticipated impacts caused by the

proposed Project as they arise.

19. This Conditional Use Permit shall expire two (2) years from

December 13, 2018. Upon application by the Applicant at least 30 days prior to the

expiration of such permit, the Director of Community Development may extend the

Conditional Use Permit for a maximum period of one (1) year if the Director

determines that the uses are operating in a manner approved by the Planning

13

43

Commission, are abiding by the conditions imposed, are not creating significant

adverse impacts on the surrounding neighborhood, and there are delays related to

the proposed remodel of the existing Lexus dealership at 9230 Wilshire Boulevard,

Beverly Hills CA, 90212. The Conditional Use Permit shall remain valid until such

a time as a decision regarding the use is rendered. The Applicant shall file all

necessary applications and pay all applicable fees associated with said re-review.

Furthermore, in the event the Director of Community Development believes that

operation of the property may not be in compliance with the Conditional Use Permit

provisions, the Director of Community Development, at his or her discretion, may

require the Project be returned to the Planning Commission for further review and

analysis prior to the expiration of the entitlements. The Applicant shall file all

necessary applications and pay all applicable fees associated with said review. In

addition, any subsequent extension request, beyond a one (1) year extension granted

by the Director, shall require review and approval by the Planning Commission.

STANDARD CONDITIONS:

20. Minor amendments to the plans shall be subject to approval by the

Director of Community Development. A significant change to the approved Project

shall be subject to Planning Commission review.

21. Project Plans are subject to compliance with all applicable zoning

regulations, except as may be expressly modified herein. Project plans shall be

subject to a complete Code Compliance review when building plans are submitted

14

44

for plan check. Compliance with all applicable Municipal Code and General Plan

Policies is required prior to the issuance of a building permit.

22. At all times the Project shall comply with the standards of the City’s

Municipal Code and all other applicable State and Federal regulations.

23. APPEAL. Decisions of the Planning Commission may be appealed

to the City Council within fourteen (14) days of the Planning Commission action

by filing a written appeal with the City Clerk. Appeal forms are available in the

City Clerk’s office. An appeal fee is required.

24. RECORDATION. This resolution approving the Conditional Use

Permit shall not become effective until the owner of the Project site records a

covenant, satisfactory in form and content to the City Attorney, accepting the

conditions of approval set forth in this resolution. The covenant shall include a copy

of the resolution as an exhibit. The Applicant shall deliver the executed covenant

to the Department of Community Development within 60 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 60 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 request by the Applicant, grant a waiver

from the 60 day time limit if, at the time of the request, the Director determines that

there have been no substantial changes to any federal, state, or local law that would

affect the Project.

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45

25. EXPIRATION. The exercise of rights granted in such approval shall

be commenced within one (1) year after the adoption of such resolution.

26. 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 Proj ect.

27. VIOLATION OF CONDITIONS: A violation of any of these

conditions of approval may result in termination of the entitlements granted herein.

16

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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: December 13, 2018

Andrew LichtChair of the Planning Commission of theCity of Beverly Hills

Attest:

Ryan Gohlich, AICPSecretary of the Planning Commission

Approved as to form: Approved as to content:

David M. Snow Ryan Gohlich, AICPAssistant City Attorney Assistant Director / City Planner

Community Development Department

EXHIBITS:

A. Approved Test Drive RouteB. Approved Customer Valet RoutesC. City Test Drive Routes

17

47

EXHIBIT A

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EXHIBIT C

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54


December 13, 2018

ATTACHMENT C

Public Notice

55

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NOTICE Of PUBLIC HEARING

DATE: December 13, 2018

TIME: 1:30 PM, or as soon

thereafter as the

matter may be heard

LOCATION: Commission Meeting

Room 280A

Beverly Hills City Hall

455 North Rexford

Drive

Beverly Hills, CA 90210

PROJECT ADDRESS: 9701 Wilshire Boulevard

(Northwest corner of Wilshire Boulevard and N. Roxbury Drive)

The Planning Commission of the City of Beverly Hills, at its REGULAR meeting on Thursday,December 13, 2018, will hold a public hearing beginning at 1:30 PM, or as soon thereafter as thematter may be heard to consider:

A request for a Conditional Use Permit (“CUP”) to allow a vehicle sales use (theproposed “Project”) at 9701 Wilshire Boulevard (the “Project Site”). TheApplicant, Jim Falk Lexus Automotive Group, proposes the use of the ground floorof an existing multi-tenant building on the Project Site during the renovation of theexisting Lexus vehicle showroom and dealership at 9230 Wilshire Boulevard.

This project has been assessed in accordance with the authority and criteria contained in theCalifornia Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.), theState CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.), and theenvironmental regulations of the City. Upon review, the project appears to qualify for a Class 1Categorical Exemption (Existing Facilities) in accordance with the requirements of Section 15301of the state CEQA Guidelines. This exemption is applicable to the operation, repair, maintenance,

City of Beverly Hills 455 N. Rexford Drive Beverly Hills, California 90210 p (310) 285-1 141f (310) 858-5966 BeverlyHills.org

56

permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities,

mechanical equipment, or topographical features, involving negligible or no expansion of use.

Accordingly, the Planning Commission will consider a recommendation to find the project

exempt from the environmental review requirements of CEQA pursuant to Section 15301

(Existing Facilities).

Any interested person may attend the meeting and be heard or present written comments to the

Commission. Written comments also maybe submitted prior to the public hearing to the Planning

Division, via mail: attn. Chloe Chen, 455 N. Rexford Drive, 1St Floor, Beverly Hills, CA 90210, or

via email to [email protected]. Any written comments received by Tuesday, December 4,

2018 will be attached to the agenda report regarding this item. Any comments received after

Tuesday, December 4, 2018, but prior the public hearing, will be distributed to the Commission

under separate cover.

According to Government Code Section 65009, if you challenge the City’s action in court, you may

be limited to raising only those issues you or someone else raised at the public hearing described

in this notice, or in written correspondence delivered to the City, either at or prior to the public

hearing. Please note that any comments received prior to or during the public hearing will be

considered as part of the public record.

If there are any questions regarding this notice, please contact Chloe Chen, Assistant Planner in

the Planning Division at (310) 285-1194, or by email at [email protected]. Copies of the

project plans and associated application materials are on file in the Community Development

Department, and can be reviewed by any interested person at 455 North Rexford Drive, Beverly

Hills, CA 90210.

Sincerely:

(€vf (‘L___Chloe Chen, Assistant Planner Mailed: November 21, 2018

In accordance with the Americans with Disabilities Act, Commission Meeting Room 280Ais wheelchair accessible and is equipped with audio equipment for the hearing impaired. Ifyou need special assistance to attend this meeting, please call the Planning Division at

J (310) 285-1194 or TTY (310) 285-6881. Please notify the Planning Division at least fortyeight (48) hours prior to the meeting if you require captioning service so that reasonablearrangements can be made.

-2-57


December 13, 2018

ATTACHMENT D

Test Drive Route Plan

58

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59


December 13, 2018

ATTACHMENT E

Customer Valet Plan

60

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9

/INDICATES ROUTEFROM VALET STATIONTO PARKING LEVELP-2 (FROM CUSTOMERTO PARKING)

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49 Fer

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PROPOSED P-2 VALET DRIVE ROUTE

61

INDICATES ROUTEFROM VALET STATIONTO BASEMENT LEVELPARKING (FROMCUSTOMER TOPARKING)

1INDICATES ROUTEFROM BASEMENTPARKING LEVEL TOVALET STATION(RETURN TO CUSTOMER)

PROPOSED BASEMENT LEVEL VALET DRIVE ROUTE

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62


December 13, 2018

ATTACHMENT F

Vehicle Storage Locations

63

VEHICLE STORAGE LOCATION DRIVE ROUTE

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December 13, 2018

ATTACHMENT G

Approved City Test Drive Routes

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December 13, 2018

ATTACHMENT H

Architectural Plans(Under Separate Cover)

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december 13, 2018 meeting date: 9701 wilshire boulevard

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