BEVRLYRLY. Planning Commission Report

Transcription

1 BEVRLYRLY City of Beverly Hills Planning Division 455 N. Rexford Drive Beverly Hills, CA TEL. (310) FAX. (310) Planning Commission Report Meeting Date: Subject: Project Applicant: Recommendation: February 9, Olympic Boulevard (Avalon Hotel) Request for a Conditional Use Permit, Development Plan Review, and Extended Hours Permit to allow operation of a hotel restaurant (Viviane at the Avalon Hotel) open to the public in the R-4 zone, to allow open air dining on private property; and to allow extended hours operation of the hotel restaurant and open air dining in a Commercial-Residential transitional zone. Mitchell J. Dawson, Dawson Tilem & Gole Staff recommends that the Planning Commission conduct a public hearing and adopt a resolution conditionally approving the new Conditional Use Permit, Development Plan Review, and Extended Hours Permit and find the project exempt from the California Environmental Quality Act. REPORT SUMMARY The proposed project involves a request for a Conditional Use Permit, Development Plan Review, Extended Hours Permit, and Open Air Dining Permit to allow operation of the Avalon Hotel s restaurant, Viviane. The most recent renewal/approval was granted by the Planning Commission on July 14, 2011, was effective for a 3-year period, and expired on July 14, The applicant seeks approval of the Conditional Use Permit, Development Plan Review, and Extended Hours Permit in order to allow operation of the hotel restaurant and associated open air dining under substantially the same conditions as were applied in previous approvals. Due to the property s proximity to residential uses, the project requires an Extended Hours Permit to allow the restaurant to accept patrons from 7 A.M. to 11 P.M. daily. This report analyzes the proposed approval, with specific focus on issues raised by residential neighbors, including parking and noise associated with the restaurant. The analysis in the report identifies that hotel operations have generally complied with past conditions of approval, however revised conditions of approval, including additional monitoring requirements, could better ensure reduced negative effects of hotel operations on the adjacent residential neighborhood. Accordingly, staff recommends approval of the Conditional Use Permit, Attachment(s): A. Required findings B. Draft Resolution C. Public Notice D. Correspondence E. Police Calls for Service F. Relevant Planning Commission Resolutions (Nos. 1067, 1156, 1217, 1232, 1285A, 1285, 1340, 1382, 1582, 1615) G. Director s Decision letters of 2006 and 2008 H. Parking Study I. Site Plan and Restaurant Seating Description Report Author and Contact Information: Alek Miller, Assistant Planner (310) amiller@ beverlyhills.orq

2 Planning Commission Report 9400 Olympic Boulevard (Viviane Restaurant at Avalon Hotel) February 9, 2017 Page 2 of 12 Development Plan Review, and Extended Hours Permit with additions and modifications to the conditions that were previously placed on the project in prior entitlements. BACKGROUND File Date Application Complete Subdivision Deadline CEQA Recommendation CEQA Deadline Permit Streamlining Applicant(s) Owner(s) Representative(s) Registered Legislative Advocate Prior Relevant PC and Director Actions 6/21/2016 1/25/2017 N/A Class 1 Categorical Exemption 60 Days from CEQA determination 60 days from determination of Exemption Mitchell J. Dawson, Dawson Tilem & Gole Honeymoon Real Estate, L.P. Mitchell J. Dawson, Dawson Tilem & Gole N/A Resolution 1067 (July 22, 1998) Approved Development Plan Review, Minor Accommodation, and variances to allow expansion of floor area at Beverly Dr. and Canon Dr. Restricted use of hotel gymnasium, conference room, and dining room to hotel patrons and their guests. No renewals or expirations established. Resolution 1156 (January 24, 2001) - Approved Conditional Use Permit and Development Plan Review for hotel restaurant and associated open air dining open to the public; denied request to allow valet operation to charge for parking. Restricts members of the public from accessing restaurant prior to 8:00 A.M. Monday through Friday and prior to 9:00 A.M. on Saturday and Sunday. Established last seating time at open air dining area as 9:00 P.M. daily for members of the general public. Set expiration date for one year after approval (January 24, 2002). Limited open air dining to 6 tables and 12 chairs. Prohibits live entertainment or amplified sound. Resolution 1217 (February 27, 2002) Renews prior entitlements with amendment to allow last seating at 10:00 P.M. Set expiration date for April 24, Resolution 1232 (June 13, 2002) Extends approval with amendments to: allow expansion of bar and dining area to allow up to 99 seats (indoor and outdoor), require the hotel advertise its free valet service, and limit the hours of the valet return in the alley to between 8:00 P.M. and 12:00 A.M., Thursday through Saturday. Set expiration date for June 13, 2003 (review by Director), with subsequent

3 Modified Renewed ERL7 Planning Commission Report 9400 Olympic Boulevard (Viviane Restaurant at Avalon Hotel) February 9, 2017 Page 3 of 12 renewals required every 3 years. Resolution 1285A (July 23, 2003) CUP and DPR renewal was referred to Planning Commission by the Director. Retained all conditions of Resolutions 1156 and 1232, with amendment to extend CUP and DPR expiration until September 24, Resolution 1285 (September 24, 2003) Renewed CUP and DPR with amendments to: allow up to 143 persons in the dining areas (bar and dining and poolside lounge area), change last seating to 11:00 P.M., limit large video shoots or productions to one per month, require a program to deal with guests who show signs of intoxication, require alcohol service to cease at midnight daily, limit pick-up and drop-off to the westerly alley after 10:00 P.M. daily, allows valet dropoff and pick-up in alley after midnight, require security personnel at Olympic Blvd. entrance to prevent patrons from crossing Olympic, require a community liaison present at the hotel 24 hours a day, require bar and dining area to close at 11 P.M. on Sundays, and prohibit catered events on the premises. Set expiration date for March 24, Resolution 1340 (August 12, 2004) Renewal with amendment to require restaurant, including open air dining areas, to close at 11 P.M. on Sundays, and make 11 P.M. the last seating time Monday through Saturday. Set expiration date for March 24, Resolution 1382 (June 22, 2005) Renewed CUP and DPR and added approval of an extended hours permit to allow hotel guests and members of the public to access the bar and dining area, open air dining area, and pool-side lounge area beginning at 7:00 A.M., Monday through Sunday (previously 9:00 A.M.). Denied Extended Hours Permit request to allow patrons to access the bar and dining area, open air dining area, and pool-side lounge after 11:00 PM, Monday through Saturday. Set expiration date for March 24, 2006 (Director Approval). Director s Resolution 006 (August 4, 2006) Renewed approval for two years and set expiration date for June 22, Director s Decision letter (June 22, 2008) approval for 3 years, setting expiration date for June 22, Resolution 1582 (July 8, 2010) approval to allow restaurant to accept patrons until 11 P.M., to serve alcohol until 1 A.M. daily, and to remove previous requirement to lease 200 additional parking spaces. Set expiration date for January 8, 2011.

4 Multi-family Multi-family Multi-family LS t Ir Planning Commission Report 9400 Olympic Boulevard (Viviane Restaurant at Avalon Hotel) February 9, 2017 Page 4 of 12 Resolution 1615 (July 14, 2011) Renewed the CUP, DPR, and Extended Hours Permit, carrying forward all conditions from Reso. 1582; amended entitlements to allow the hotel to charge guests for overnight parking. Set expiration date for July 14, Prior Council Action N/A PROPERTY AND NEIGHBORHOOD SETTING Property Information Address 9400 Olympic Boulevard Legal Description Lot 1 of Tract / APN Lot 1793 of tract 6380 I APN Lot 1907 of tract 6380 / APN Zoning District R-4 General Plan Multiple Family, Low Medium Density Existing Land Use(s) Commercial/ Hotel and Restaurant Use Lot Area 25,000 SF (0.57 acres) Year Built 1947 (major renovations in 1998 and 1999 according to building inventory) Historic Resource Potential historic resource; designed by Julie Eizenberg, Hendrik Koning, and Kelly Wearstler Protected Trees/Grove Not applicable Adiacent Zoning and Land Uses North R-4 residential South R-4 residential East R-4 residential West C-3 Commercial Circulation and Parking Adjacent Street(s) Adjacent Alleys Parkways & Sidewalks Olympic Boulevard, South Beverly Drive, and South Canon Drive 20 alley along the southwest side of the property 15-0 northern (Olympic) parkway, 12-6 eastern (Canon) parkway Parking Restrictions Olympic Boulevard: 2-hour metered parking directly adjacent to site 9 A.M. 3 P.M. No stopping allowed 3-7 P.M. West side of Canon Drive: 2-hour metered parking available 8 A.M. 6 P.M. Monday through Saturday. Preferential parking permits required for overnight hours (10 P.M. to 2:30 A.M.). East side of Canon Drive: preferential parking district limits parking to permit holders. Nearest Intersection Olympic Boulevard and South Canon Drive Circulation Element Olympic Boulevard serves as an arterial street.

5 ills Planning Commission Report 9400 Olympic Boulevard (Viviane Restaurant at Avalon Hotel) February 9, 2017 Page 5 of 72 Neighborhood Character The subject site is located on Olympic Boulevard, on a triangular parcel of land, in the southern portion of the City. The site area consists of 25,000 square feet and is currently developed with a three story hotel. The site is surrounded by multifamily residential properties on all sides, except to the west, which is zoned C-3 (Commercial). The multi-family residential properties are generally two stories in height and consist of duplexes, triplexes, and apartment buildings, with one five-story multifamily building on the east side of Canon Drive south of the hotel. Adjacent commercial properties located to the west of the project site range between 2 and 5 stories and consist of office uses and a church. Figure 1: Aerial Photo of Project Site and Neighborhood Context looking North

6 Planning Commission Report 9400 Olympic Boulevard (Viviane Restaurant at Avalon Hotel) February 9, 2017 Page 6 of 12 PROJECT DESCRIPTION The subject hotel includes property at 418 S. Canon Drive and 412 S. Beverly Drive; however, this report and the entitlements discussed will locus on the hotel s primary building, located at 9400 Olympic Boulevard. The three buildings outlined in yellow in Figure 1 make up the full hotel. The hotel restaurant operations under consideration are located fully within the triangular building at the center of the aerial image. The hotel includes a restaurant, bar, cabanas, and dining space that are open to the public. The open air dining area i located in an open courtyard entirely on private property next to the hotel s outdoor pool. This courtyard is fully enclosed on all sides by the hotel building. The request consists of a Conditional Use Permit, Development Plan Review, and Extended Hours Permit that would authorize the following: Operation of a restaurant within the hotel that is open to the public; Operation of a hotel dining facility that receives patrons between 7 A.M. and 11 P.M. daily; and Use of patio areas adjacent to the pool for open air dining on private property. GENERAL PLAN1 POLICIES The General Plan includes numerous goals and policies intended to help guide development in the City. Some of the policies relevant to the Planning Commission s review of the project include: Policy ES 1.4 Retain Existing Industries. Consistent with future economic sustainability plans, encourage existing industries such as luxury retail, tourism, hoteling, finance, entertainment and media businesses and services to remain and expand within the City. Policy LU 9.1 Uses for Diverse Customers. Accommodate entertainment, dining, hotel, residents, attract customers and visitor-serving uses that support the from the region, and provide a quality national and international tourists. retail, office, needs of local experience for Policy LU 12 Business Districts Adjoining Residential Neighborhoods. Compatible relationships between commercial districts and corridors and adjoining residential neighborhoods, assuring that the integrity, character and quality of both commercial and residential areas are protected and public safety and quality of life are maintained. Policy LU 12.1 Functional and Operational Compatibility. Require that retail, office, entertainment, and other businesses abutting residential neighborhoods be managed to assure that businesses do not create an unreasonable and detrimental impact on neighborhoods with respect to safety, privacy, noise, and quality of life by regulating hours of operation, truck deliveries, internal noise, staff parking and on-site loitering, trash storage and pick-up and other similar business activities. Policy LU 15.2 Priority Businesses. Retain and build upon the key business sectors contributing to the City s identity, economy, and revenue for resident services, such as 1 Available online at

7 LLS (J Planning Commission Report 9400 Olympic Boulevard (Viviane Restaurant at Avalon Hotel) February 9, 2017 Page 7 of 12 entertainment-related Class-A offices, high-end retail and fashion, restaurant, hotel, technology, and supporting uses. Policy LU 15.7 Economic Vitality and Business Revenue. Sustain a vigorous economy by supporting businesses that contribute revenue, quality services and highpaying jobs. ENVIRONMENTAL ASSESSMENT The subject project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines2, and the environmental regulations of the City. The project qualifies for a categorical exemption pursuant to Section (Class 1) of the Guidelines for minor alterations and operational changes of an existing commercial structure. PUBLIC OUTREACH AND NOTIFICATION Type 0f N o. ice Required Required Notice Actual Notice Actual Period Date Date Period Posted Notice N/A N/A 2/3/ Days Newspaper Notice 10 Days 1/30/2017 1/27/ Days Mailed Notice (Owners & Residents Radius + 10 Days 1/30/2017 1/30/ Days blockface) Property Posting 10 Days 1/30/2017 1/27/ Days Website N/A N/A 2/3/ Days Public Comment Several comments on the project were received via and over the phone from residents of the adjacent neighborhood. All written comments are provided as Attachment D, including a letter signed by several residential neighbors of the subject property. In summary, concerns raised generally related to: Noise associated with the hotel restaurant; Behavior of customers of the hotel and hotel restaurant; Litter left on neighboring lawns by customers of the hotel and restaurant; Customers parking in permit only zones; Pick-up and drop-off by taxis and ridesharing services (e.g. Uber and Lyft) ANALYSIS3 2 The CEQA Guidelines and Statute are available online at httx//ceres.ca.gov/cega/guidelines The analysis provided in this section is based on draft findings prepared by the report author prior to the public hearing. The Planning Commission in its review of the administrative record and based on public testimony may reach a different conclusion from that presented in this report and may choose to modify the findings. A change to the findings may result in a final action that is different from the staff recommended action in this report.

8 LLS () Planning Commission Report 9400 Olympic Boulevard (Viviane Restaurant at Avalon Hotel) February 9, 2017 Page 8 of 12 Approval of the Conditional Use Permit, Development Plan Review, and Extended Hours Permit is based on specific findings (set forth in Attachment A) for each entitlement. Draft findings are provided in Attachment B (Draft Resolution) and the following staff analysis may be used to help guide the Commission s deliberations: Previous Approvals. As described earlier in this report, multiple entitlements have been granted to the subject property over the years to allow operation of a restaurant associated with a hotel in an R-4 zone. The most recent approvals were granted on July 11, 2011, which renewed a Conditional Use Permit, Development Plan Review, and Extended Hours Permit for operations associated with the hotel restaurant. The most recent approval expired on July 11, The current request would grant substantially the same entitlements as the most recent approvals with minor modifications related to the location of off-site parking. Police Calls for Service. Staff has reviewed the Police Department s calls for service at the subject property between August 31, 2014 and September 11, 2016, to determine whether the restaurant and associated open air dining has resulted in adverse impacts to surrounding properties (Attachment E). During this period, there were a total of 27 calls for service, with nine of those calls occurring during the Extended Hours period. Of all the calls for service over this two year period, it appears that five calls over the two year period related to noise at the hotel or hotel restaurant (three of which occurred on the same day).4 Based on the information provided by the Police Department, it would appear that on these occasions, the hotel was not in compliance with the requirements of the Extended Hours Permit pertaining to music not being audible beyond the property line. While the incidents appear to be limited in frequency over the two year period, the Commission may wish to discuss whether changes to the conditions of approval or to the hours of operation are merited. Rideshare Pick-up and Drop-off. Complaints have been received from residential neighbors who live on Canon Drive regarding vehicle queuing on that street at nights, along with photographs which show cars stopped in the street or double-parked, picking up or dropping off passengers. The complaints specifically reference town cars and ridesharing services, and the noise that accompanies late night passenger pick-up and drop-off on Canon Drive. Comments from residents are included as Attachment D. Rideshare services, such as Uber and Lyft, function similarly to taxis or limousine services, and are typically summoned to pick up passengers through a smartphone application. A past condition of approval requires that taxis pick-up and drop-off customers after 10 P.M. only in the alley, which could be extended to these rideshare services. However, rideshare services are more difficult to regulate than taxi services because rideshare drivers do not rely upon a centralized dispatcher to communicate detailed instructions to them regarding pick-ups and drop-offs at a particular location. Resolution 1285 (2003) required security personnel to be stationed at the north frontage of the 9400 Olympic Blvd. building during weekend evenings in order to prevent patrons from attempting to cross Olympic Blvd. adjacent to the hotel. Staff suggests modifying this condition to expand the role of hotel personnel stationed at the front of the hotel to also inform any taxi and rideshare drivers waiting on Canon Drive of the street s nighttime parking restrictions and direct these vehicles into the alley and away from Canon Drive. Staff recommends a condition of approval requiring signage within the hotel and restaurant located at points of sale informing customers that after Staff presumes that five calls were noise-related due to being coded as Disturbing the Peace and based on context included in police reports. Three of these five calls occurred on the same day (August 31, 2014).

9 C Planning Commission Report 9400 Olympic Boulevard (Viviane Restaurant at Avalon Hotel) February 9, 2017 Page 9 of P.M., both taxis and rideshare drivers should be directed to the alley/designated pick up/drop-off areas. It is recommended that the signage condition also require that the signs inform hotel patrons that they should directly message their rideshare driver that the hotel s designated night time pick-up location is in the alley behind the hotel. Further, it is recommended that a condition be included that the hotel maintain the alley in a manner that makes the alley a comfortable and safe location for patrons to wait for rides. This recommended condition requires the hotel to keep the alley door unlocked, the location well lit, and requires a staff person near the alley at the busiest times on Friday and Saturday nights. Parking. Past discretionary approvals note that the Avalon Hotel has 60 on-site parking spaces across the three parcels that make up the hotel site. The parking study (Attachment H) submitted with the current application states the hotel site has a total of 57 on-site parking spaces. Staff researched City records and identified that the three-space reduction could be the result of differences in methodology used for counting aisle spaces in the hotel s on-site parking area. Both the historic count of 60 on-site spaces and the current count of 57 spaces include aisle parking spaces. The hotel is able to utilize aisle spaces because valet parking service is provided 24 hours per day. The submitted parking study includes information about the utilization of the hotel s parking supply, including on- and off-site spaces. The study focused on the fluctuations in parking utilization over two days, focusing on patron-generated demand. Observations indicated that utilization did not approach 100 percent of the parking supply at any time between 11 AM and 12 AM on a Thursday and a Saturday. The table on pages 9 and 10 of the study show that parking utilization ranged between a low of 32 percent on Thursday morning and a high of 63 percent on Saturday night. Past discretionary approvals included the requirement to provide additional off-site parking. This off-site parking was required to provide parking for employees, outdoor dining operations, and overflow parking during peak operating conditions. A summary table of parking availability is provided below in Table 1 below. Table 1: On- and Off-Site Parking Supply On-Site Supply Address Availability Spaces (including aisle) 9400 Olympic Blvd. & 412 S. 24 hours daily 52 Beverly Dr. 418 S. Canon Dr. 24 hours daily 5 Total: 57 Off-Site Supply Address Availability Spaces 315 S. Beverly Dr., for regular Weekdays, daytime 18 use Weekdays, evenings S. Beverly Dr., overflow* Weekday evenings 70 Weekends (daytime and 82 evenings) 420 S. Beverly Dr. Weekday evenings, 20 weekends (daytime and evenings)

10 Planning Commission Report 9400 Olympic Boulevard (Viviane Restaurant at Avalon Hotel) February 9, 2017 Page 10 of 72 Total: *Over.flow parking is available through in agreement with the off-site parking property owner at 315 S. Beverly Dr. to be available in the case the regularly reserved spaces are occupied. Over time, the locations and amount of off-site parking have changed to accommodate the open air dining and hotel uses. The applicant proposes to utilize off-site parking at 315 and 420 S. Beverly Dr. This proposal would result in a parking supply that would be sufficient to accommodate the demand generated by the uses on-site, including during the highest demand periods (evenings and weekends). The proposal would provide a minimum of 30 off-site parking spaces for use during weekday daytime hours, and up to 120 off-site spaces during the highest demand periods on weekends. The parking study provided as Attachment H includes an analysis of estimated demand, as well as observational data from August 2016, and concludes that the parking supply provided through on- and off-site locations will be sufficient to meet the demand. The two graphs below are included as an attachment to the parking study and demonstrate that during both the lowest and highest demand periods, the proposed parking supply is projected to be sufficient to meet demand. Parking Supply & Demand by Hour - Weekday I [I ititi i1 [H[[[Ii i [FF[tI, o \ <V o \ v 0n-Stte Supply Off-Ste Supply ::z Off-Site Overflow Parking Demand Parking Supply & Demand by Hour - Weekend i 11 [[iiiiti1ii1111f[fff[[fti I I I I II< III I I I II< On-Site Supply OffStte Supply Z... Off-Site Overflow Parking Dernand

11 Planning Commission Report 9400 Olympic Boulevard (Viviane Restaurant at Avalon Hotel) February 9, 2017 Page 11 of 12 Term of Entitlements and Renewal Process. The previously granted entitlements were valid for a period of 36 months before requiring renewal. Given that the previous entitlements have lapsed and in order to ensure compliance with proposed conditions of approval, staff would recommend that any entitlements granted be valid for a maximum of 24 months. The Commission has previously allowed renewals to be conducted by the Director of Community Development if the hotel is found to be in compliance with all conditions. Staff recommends that the Planning Commission serve as the reviewing authority for the first permit period of the current request. When this permit is renewed, the Commission could consider whether the Director or the Commission is the appropriate reviewing authority for subsequent renewals.

12 Planning Commission Report 9400 Olympic Boulevard (Viviane Restaurant at Avalon Hotel) February 9, 2017 Page 72 of 12 NEXT STEPS It is recommended that the Planning Commission conduct the public hearing and adopt the attached resolution conditionally approving the Conditional Use Permit, Development Plan Review, and Extended Hours Permit. 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 the 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 Go lich, AICP, City Planner / Assistant Director of Community Development

13 m m z m z Gb)>

14 Required Findings for Restaurant Conditional Use Permit (per BHMC C) 1. The proposed location of any such use will not be detrimental to adjacent property or to the public welfare; 2. The restaurant will not have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to: a. The accumulation of garbage, trash, or other waste; b. Noise created by the operation of the restaurant or by employees or visitors entering or exiting the restaurant; c. Light and glare; d. Odors or noxious fumes; e. Parking demand created by the restaurant, including parking demand created by employees; or f. Traffic Required Findings for Development Plan Review (per BHMC ): The reviewing authority shall approve a development plan review application only if it makes all of the following findings: A. The proposed plan is consistent with the general plan and any specific plans adopted for the area. B. The proposed plan will not adversely affect existing and anticipated development in the vicinity and will promote harmonious development of the area. C. The nature, configuration, location, density, height and manner of operation of any commercial development proposed by the plan will not significantly and adversely interfere with the use and enjoyment of residential properties in the vicinity of the subject property. D. The proposed plan will not create any significantly adverse traffic impacts, traffic safety hazards, pedestrian-vehicle conflicts, or pedestrian safety hazards. E. The proposed plan will not be detrimental to the public health, safety or general welfare. In approving a development plan application, the reviewing authority may impose such conditions as it deems appropriate to protect the public health, safety and general welfare. Required Findings for Extended Hours Permit (per BHMC (C)): The planning commission shall grant an extended hours permit if it finds that the extended hours operation will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of any of the following: 1. The accumulation of garbage, litter, or other waste, both on and off of the subject site;

15 2. Noise created by the extended hours operation or by employees or visitors entering or exiting the extended hours operation; 3. Light and glare; 4. Odors and noxious fumes; 5. Pedestrian queuing; 6. Crime or peril to personal safety and security: 7. Use of residential streets for parking which is likely to cause activity associated with the subject extended hours operation to intrude substantially into a residential area; 8. Effects on traffic volumes and congestion on local residential streets; and 9. Cumulative impacts relating to the existing concentration of extended hours operations in the vicinity of the proposed extended hours operation.

16 ATTACHMENT B DRAFT RESOLUTION

17 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BEVERLY HILLS CONDITIONALLY APPROVING A CONDITIONAL USE PERMIT TO ALLOW A PUBLIC DINING FACILITY IN A NONCONFORMING HOTEL, A DEVELOPMENT PLAN REVIEW ALLOWING AN OPEN AIR DINING AREA, AND AN EXTENDED HOURS PERMIT TO ALLOW RESTAURANT AND OPEN AR DINING OPERATIONS DURING EXTENDED HOURS AT 9400 OLYMPIC BOULEVARD (AVALON HOTEL). The Planning Commission of the City of Beverly Hills hereby finds, resolves, and determines as follows: Section 1. Honeymoon Real Estate LP (the Property Owner), through its agent Mitchell Dawson (collectively, the Applicant ), has submitted an application to re-establish entitlements associated with the existing hotel restaurant and open air dining. The Applicant seeks approval of a Conditional Use Permit (CUP) to allow a dining facility in a non-conforming hotel to be open to the public, a Development Plan Review (DPR) to operate an open air dining area on a nonconforming hotel site that would be served by existing parking supply, and an Extended Hours Permit to allow public operation of the restaurant between 7 A.M. and 11 P.M. daily (the Project ). Section 2. The subject property was developed as a hotel in 1947, prior to the Beverly Hills Municipal Code requirement for a CUP for hotel uses in residential zones. The property has always been used as a hotel. On January 24, 2001, the Planning Commission approved a Conditional Use Permit and Development Plan Review to allow a restaurant open to the public at the legally nonconforming hotel and conditioned the approval to expire in one year (Resolution 1156).

18 On February 27, 2002, the Planning Commission renewed the existing Conditional Use Permit and Development Plan Review Permit for a 14-month period (Resolution 1217). On June 13, 2002, the Planning Commission renewed the existing Conditional Use Permit and Development Plan Review with amendments to allow up to 99 seats for dining across the indoor and outdoor areas; renewed entitlements for a one year period (until August 28, 2000) (Resolution 1232). On July 23, 2003, the Planning Commission renewed the existing Conditional Use Permit and Development Plan Review, with amendments to extend the entitlements until September 24, (Resolution 1285A) On September 24, 2003, the Planning Commission renewed the entitlements with amendments to allow up to 143 persons in the dining areas in the hotel s restaurant and setting the time of last seating in the restaurant at 11 P.M. and requiring service to cease at 12 A.M. daily. This resolution also required a community liaison at the hotel 24 hours per day, and required security personnel at the Olympic Boulevard entrance. It set the expiration date for March 24, 2004 (Resolution 1285). On August 12, 2004, the Planning Commission renewed the entitlements to require the restaurant and associated open air dining areas to close at 11 P.M. on Sundays and to establish 11 P.M. as last seating time on all other days of the week. It set the expiration date for March 24, 2005 (Resolution 1340). On June 22, 2005, the Planning Commission renewed the Conditional Use Permit and Development Plan Review and added an Extended Hours permit to allow restaurant dining areas to open beginning at 7 A.M., and retained closing/last seating time as 11 P.M. Monday through Saturday. It set the expiration date for March 24, 2006 (Resolution 1382). 2

19 On August 4, 2006, the Director of Community Development renewed the entitlements for a subsequent two year period, setting the expiration date for June 22, 2008 (Director s Resolution 006). On June 22, 2008, the Director of Community Development renewed the entitlements for a period of three years, setting the expiration date for June 22, 2011 (Director s Decision Letter, no number assigned). On July 8, 2010, the Planning Commission renewed the entitlements with amendments to allow the restaurant to accept patrons until 11 P.M. and to serve alcohol until 1 to remove a previous requirement to lease 200 additional parking spaces. A.M. daily, and This resolution requires a parking study for future renewals. It set the expiration date for January 8, 2011 (Resolution 1582). On July 14, 2011, the Planning Commission renewed the entitlements with an amendment to allow hotel to charge customers for overnight parking. It set the expiration date for July 14, 2014 (Resolution 1615). On June 21, 2016, the Applicant submitted an application for a new Conditional Use Permit, Development Plan Review, and Extended Hours Permit for the Project to allow continued public use of the restaurant and open air dining uses. The proposal is a request to continue operations as previously allowed, with a maximum of 143 seats (indoor and outdoor), operations of the restaurant to allow it to accept guests until 11 P.M. and to continue serving alcohol until 1 A.M. The previously issued approvals expired July 14, Section 3. The subject site is located on Olympic Boulevard, on a triangular parcel of land, in the southern portion of the City. The site area consists of 25,000 square feet and is 3

20 currently developed with a three story hotel. The site is surrounded by multifamily residential properties on all sides, except to the west, which is zoned C-3 (Commercial). The multi-family residential properties are generally two stories in height and consist of duplexes, triplexes, and apartment buildings, with one five-story multifamily building on the east side of Canon Drive south of the hotel. Section 4. The Project includes a request for a Conditional Use Permit to allow the hotel restaurant to be open to the public, a Development Plan Review to allow the establishment of an open air dining area that would be served by existing parking supply, and an Extended Hours Permit to allow the hotel restaurant and open air dining area to operate during extended hours in a Commercial-Residential Transition Area. The Conditional Use Permit and Development Plan Review were previously granted pursuant to Planning Commission Resolution 1156 and renewed several subsequent Planning Commission resolutions and resolutions by the Director of Community Development. These entitlements expired on July 14, 2014 because timely renewal did not occur, and this Project is a request for new entitlements for the hotel restaurant and open air dining area. The Project proposal includes the following: Operation of a hotel restaurant (including an outdoor dining area) that is open to the public and may receive patrons between the hours of 7 A.M. and 11 P.M. daily and which may serve alcohol until 1 A.M. daily; Operation of a hotel restaurant with a maximum of 143 seats, 99 of which are located outdoors in the patio area around the hotel s pool; 4

21 Section 5. The request to allow an open air dining area and a public hotel restaurant as outlined above result in the need for specific entitlements as follows: 1. Conditional Use Permit: A Conditional Use Permit was previously granted by the Planning Commission pursuant to Resolution 1156 to allow the hotel restaurant to be open to the public, and was subsequently renewed by Planning Commission pursuant to Resolutions 1217, 1232, 1285(A), 1285, 1340, 1382, 1582, 1615, and two decisions of the Director of Community Development. These approvals expired due to non-renewal. Therefore, a new Conditional Use Permit is required to allow the hotel restaurant to be open to the public. 2. Development Plan Review: A Development Plan Review was granted by the Planning Commission pursuant to Resolution 1156 to allow an open air dining area on private property, and was renewed by the Planning Commission pursuant to Resolutions 1217, 1232, 1285(A), 1285, 1340, 1382, 1582, 1615, and two decisions of the Director of Community Development. These approvals expired due to non-renewal. Therefore, a new Development Plan Review Permit is required to allow continued operation of the existing open air dining area. 3. Extended Hours Permit: The subject site is located in a Commercial- Residential Transition Area, and is therefore subject to the operational restrictions for these areas identified in BHMC Article In order for the hotel restaurant and open air dining area to be open to the public before 9:00 a.m. on weekends and after 10:00 p.m. daily, an Extended Hours Permit is required. Section 4. The Project has been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. ( CEQA ), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.), and the City s Local CEQA Guidelines (hereafter the Guidelines ), and the 5

22 City s environmental guidelines. Pursuant to the State CEQA Guidelines Section 15301, existing facilities, the Project qualifies for a Class 1(a) Categorical Exemption, and is not anticipated to have a significant environmental impact. The Class 1(a) exemption is applicable for minor alterations and operational changes of an existing commercial structure that would not result in a significant environmental impact. Section 5. Notice of the Project and public hearing was published in two newspapers of local circulation, the Beverly Hills Courier on January 27, 2017 and the Beverly Hills Weekly on February 2, 2017, and was mailed on January 30, 2017 to all property owners and residential occupants within a 500-foot radius of the property, plus block-face. Notice of the Project and public hearing was also posted on the property on January 27, Section 6. 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. The proposed location of any such use will not be detrimental to adjacent property or to the public welfare; 2. The restaurant will not have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to the accumulation of garbage, trash, or other waste; 3. The restaurant will not have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to noise created by the operation of the restaurant or by employees or visitors entering or exiting the restaurant; 6

23 4. The restaurant will not have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to light and glare; 5. The restaurant will not have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to odors or noxious fumes; 6. The restaurant will not have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to parking demand created by the restaurant, including parking demand created by employees; and 7. The restaurant will not have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to traffic. Section 7. Based on the foregoing, the Planning Commission hereby finds and determines as follows regarding the Conditional Use Permit: 1. Granting the Conditional Use Permit and establishing the conditions of approval to allow for the restaurant to be open to the public will result in operations that are similar to previously approved operations. The restaurant and its associated open air dining will be in the same location and the same size as was previously approved. The restaurant and open air dining would be located entirely on private property, enclosed on all sides by the building. The location of the project will not result in any significantly adverse traffic impacts, traffic safety hazards, pedestrian-vehicle conflicts or pedestrian safety hazards. Nor will the project, as conditioned, have a significant parking impact, as was demonstrated by the parking utilization study submitted by the applicant. The open air dining area will be completely screened from view by the surrounding building, and does not encroach into the public right of way. Conditions of approval intended to prevent any impacts related to noise are included. The hotel 7

24 has sufficient parking available on-site, and valet operations are provided from the motor court located at the main entrance to the building, with driveways from Olympic Boulevard and Canon Drive. As conditioned, granting the Conditional Use Permit will not be detrimental to adjacent property or the public welfare. 2. As conditioned, the applicant is required to maintain the subject area in a clean and sanitary condition. There are on-site trash storage areas. For these reasons, as conditioned, the restaurant and associated open air dining will not have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to the accumulation of garbage, trash, or other waste. 3. The hotel restaurant is completely enclosed in the building, but for the outdoor dining area. As required by the zoning code and as conditioned, banquets or similar private receptions or parties are prohibited in the restaurant. The open air dining area is also surrounded on all sides by the hotel building, and as conditioned, patrons of the open air dining area will be accepted until 11 P.M., with alcohol service in the restaurant and open air dining area ending by 1 A.M. Neither live entertainment nor amplified music will be allowed at any time in the open air dining area. Additionally, the main entrance to the restaurant is located on the north side of the building, facing Olympic Boulevard, which provides a buffer from the majority of the residential properties, which are located to the east and south of the hotel across Canon Drive. Additionally, customers that arrive at the hotel in a private vehicle would arrive at the valet stand on the north side of the property and enter the restaurant on the north side, as well. As conditioned, customers arriving or leaving the restaurant after 10 P.M. would be required to enter and exit through the alley door in order to reduce the amount of noise on Canon Drive. The open air dining location, which is surrounded by the hotel building, is buffered and 8

25 screened from residential properties on Canon Drive. For these reasons, as conditioned, the location of the restaurant will not have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to noise created by the operation of the restaurant or by employees or visitors entering or exiting the restaurant; 4. The restaurant and open air dining area are enclosed by the hotel building, and no lighting will be directed toward the residential properties to the east and south. For these reasons, as conditioned, the restaurant will not have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to light and glare. 5. The restaurant kitchen is located inside the hotel, and cooking will not be performed outdoors. Approval of the project will not alter the current venting of the kitchen and the City has received no evidence that the restaurant or associated open air dining area currently create any odors or noxious fumes. For these reasons, the restaurant area will not have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to odors or noxious fumes. 6. Past approvals, particularly Resolution 1582 and 1615, determined that the hotel has adequate parking for the proposed uses, and can accommodate the required parking demand through the use of valet parking. However, concerns from neighbors indicate that passenger pick-up and drop-off may be causing impacts on the adjacent streets, particularly Canon Drive. For that reason, a condition has been placed on the project to ensure that after 10 P.M., pick-up and drop-off take place only in the alley, away from the residential properties. Further, conditions have been imposed that require provision of free parking for employees of the hotel and a requirement that employees must use this allocated parking. These conditions prevent employee parking impacts to on-street parking in the vicinity of the project. For these 9

26 reasons, as conditioned, the restaurant will not have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to parking demand created by the restaurant, including parking demand created by employees. 7. The number of tables and chairs will remain the same as the amount previously approved in past entitlements and the proposal would not intensify the use of the property. Additionally, the project fronts on Olympic Boulevard, which is one of the City s arterial streets. Olympic Boulevard can accommodate any potential increases in traffic flow for the continued use of the hotel restaurant area. For these reasons, as conditioned, the restaurant and open air dining area will not have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to traffic. Section 8. In considering the request for a Development Plan Review, the Planning Commission considered whether it could make the following findings in support of the Project: plans adopted for the area; 1. The proposed plan is consistent with the general plan and any specific 2. The proposed plan will not adversely affect existing and anticipated development in the vicinity and will promote harmonious development of the area; 3. The nature, configuration, location, density, height and manner of operation of any commercial development proposed by the plan will not significantly and adversely interfere with the use and enjoyment of residential properties in the vicinity of the subject property; 10

27 4. The proposed plan will not create any significantly adverse traffic impacts, traffic safety hazards, pedestrian-vehicle conflicts, or pedestrian safety hazards; and general welfare. 5. The proposed plan will not be detrimental to the public health, safety or Section 9. Based on the foregoing, the Planning Commission hereby finds and determines as follows regarding the Development Plan Review: 1. The general plan encourages compatibility of uses between residential zones and commercial uses. Given that the open air dining facility is entirely surrounded by the hotel building, this improves its compatibility with the adjacent residential uses. Further, conditions have been imposed to minimize impacts to residents due to operation of the open air dining facility. Additionally, the project is consistent with several of the policies in the general plan related to economic vitality and retention of key industries and businesses. As conditioned, operation of the restaurant and the open air dining facility would generally be consistent with the general plan. 2. The open air dining facility is completely screened from adjacent properties and it is located entirely on private property. Conditions have been imposed that limit the operations of the open air dining area. For these reasons, as conditioned, the Development Plan Review to allow operation of the open air dining area will not adversely affect existing and anticipated development in the vicinity. 11

28 3. The Development Plan Review to allow operation of the expanded open air dining area will not materially alter the nature, density, or height of the project. The open air dining area is located approximately 95 feet away from the closest neighboring residential building to the east (across Canon Drive); this distance and enclosure of the open air dining area by the hotel building will reduce the potential of noise impacts. Conditions have been imposed in order to mitigate any other potential impacts to neighboring residential properties, including but not limited to prohibiting live entertainment and amplified music, and prohibiting queuing of patrons outside. For these reasons, as conditioned, the nature, configuration, location, density, height and manner of operation of the relocated open air dining area will not significantly and adversely interfere with the use and enjoyment of residential properties in the vicinity of the subject property. 4. The proposed open air dining facility will be similar in size, and configuration that has been in operation under since The proposed open air dining area will be located entirely on private property. The continued operation of the open air dining facility is not expected to generate a substantial number of additional trips to the project site, nor will it alter the vehicle access to the site. For these reasons, as conditioned, allowing operation of the expanded open air dining area through the Development Plan Review permit will not result in significantly adverse traffic impacts, traffic safety hazards, pedestrian-vehicle conflicts, or pedestrian safety hazards. 5. Approval of the Development Plan Review permit to allow operation of the open air dining area will result in operations that are similar to existing and previously approved restaurant operations. The project will not result in any significantly adverse traffic impacts, traffic safety hazards, pedestrian-vehicle conflicts or pedestrian safety hazards. Nor 12

29 will the project, as conditioned, have a significant parking impact. The open air dining area will be located entirely on private property, and does not encroach into the public right of way. Conditions of approval intended to prevent any impacts related to noise are included. The project has sufficient parking available within the hotel s on-site and off-site parking, and valet operations as well as entry to the hotel are provided from the north side of the hotel adjacent to Canon Drive and Olympic Boulevard, as well as at the alley to the west of the building after 10 P.M. Conditions of approval limiting the hours of operation have been included to reduce potential impacts from late night operation. For these reasons, as conditioned, approval of the Development Plan Review permit to allow operation of the open air dining area is not anticipated to be detrimental to public health, safety, or general welfare. Section 10. In considering the request for an Extended Hours Permit, the Planning Commission considered whether it could make the following findings in support of the Project: 1. The extended hours operation will not substantially disrupt the peace and quiet of the adjacent neighborhood as result of the accumulation of garbage, litter, or other waste, both on and off of the subject site; 2. The extended hours operation will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of noise created by the extended hours operation or by employees or visitors entering or existing the extended hours operation; 3. The extended hours operation will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of light and glare; 13

30 4. The extended hours operation will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of odors and noxious fumes; 5. The extended hours operation will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of pedestrian queuing; 6. The extended hours operation will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of crime or peril to personal safety and security; 7. The extended hours operation will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of use of residential streets for parking which is likely to cause activity associated with the subject extended hours operation to intrude substantially into a residential area; 8. The extended hours operation will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of effects on traffic volumes and congestion on local residential streets; and 9. The extended hours operation will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of cumulative impacts relating to the existing concentration of extended hours operations in the vicinity of the proposed extended hours operation. Section 11. Based on the foregoing, the Planning Commission hereby finds and determines as follows regarding the Extended Hours Permit: 14

31 1. As conditioned, the applicant is required to maintain the subject area in a clean and sanitary condition. There are on-site trash storage areas and conditions have been included to ensure that trash is disposed of only during the times of day when it would not disrupt peace and quiet of adjacent residential properties. For these reasons, as conditioned, the Extended Hours operation will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of the accumulation of garbage, litter, or other waste, both on and off the subject site. 2. The past and current operations of the hotel restaurant have been substantially similar to the proposed project, given that hotel guests currently may access the hotel restaurant during the proposed morning and night hours of operation. Previous entitlements allowed hotel guests to access the hotel restaurant at the proposed hours of operation (7 A.M. to 11 P.M.) and allowed serving alcohol until 1 A.M. The proposal would simply allow members of the public to access the restaurant at the same times as it currently operates. Additionally, access to the restaurant entrance is located on the north side of the building, oriented toward the street. The location of the entrance at the north side of the building is near to the valet stand; this location helps to minimize any possibility of noise or disruption to the nearby residential buildings due to visitors arriving at or leaving the restaurant by providing a buffer and minimizing the distance between the parking and the restaurant. Finally, a review of Beverly Hills Police Department records over the past two years indicate that there were five calls to police that were likely related to noise during the Extended Hours period over the two-year period and three of these complaints occurred during the same day and do not represent an ongoing problem. For these reasons, the project will not disrupt peace and quiet due to employees or visitors arriving or leaving. 15

32 3. The restaurant is fully enclosed and the open air dining area is located within the hotel building located at 9400 Olympic Boulevard. The open air dining area is not visible from the public right-of-way or adjacent properties and no lighting will be directed toward the residential properties to the south and east. For these reasons, as conditioned, the hotel restaurant s operation during Extended Hours will not have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to light and glare. 4. The restaurant kitchen is located inside the hotel, and cooking will not be performed outdoors. Approval of the Project will not alter the current venting of the kitchen and the City has received no evidence that the restaurant or associated open air dining area currently create any odors or noxious fumes. For these reasons, the restaurant area and associated Extended Hours operations will not have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to odors or noxious fumes. 5. The hotel restaurant is expected to operate in generally the same manner as it has for the past several years, with patrons being seated shortly after arrival at the restaurant. Additionally, there would be ample room within the screened open air dining area for any patrons to wait within the open air dining area on private property. Therefore, no adverse impacts related to pedestrian queuing are anticipated to occur as a result of the project. 6. The hotel restaurant has held an Extended Hours Permit since 2003 with approximately the same amount and location of dining. Calls for police services at the subject property during the Extended Hours period over the past two years do not appear to indicate substantial adverse impacts due to restaurant operations and it is not anticipated that the operation of the open air dining area, nor allowing members of the public to access the 16

33 restaurant during the Extended Hours period would result in a substantial amount of added crime or peril to personal safety and security. 7. The hotel restaurant offers valet parking on-site and includes enough parking to accommodate the existing and proposed uses. Additionally, the adjacent portion of South Canon Drive has permit parking restrictions: the west side of the street adjacent to the hotel restricts parking between 10 P.M. and 2:30 A.M. daily to residential permit holders and limits public parking to two hours Monday through Saturday between $ A.M. and 6 P.M. The east side of the Canon Drive, adjacent to the multifamily residential properties, is restricted to residential permit holders. Complaints from residential neighbors have been received related to pick-up and drop-off during the Extended Hours period, particularly related to ridesharing services idling on Canon Drive. for this reason, a condition of approval has been included to require pick-up and drop-off to take place in the alley to the rear of the property after 10 P.M., to minimize the amount of noise resulting from pick-up and drop-off activities at night. Additional conditions of approval have been included to require staff to direct patrons to the alley during the Extended Hours period and to provide signage at points of sale informing patrons of the alley pick-up requirement. for these reasons, the operation of the hotel restaurant during the Extended Hours period is not expected to cause adverse impacts due to patrons parking in adjacent neighborhoods. 8. Business operations during Extended Hours would primarily generate vehicle trips on commercial streets. The Extended Hours permit would retain substantially the same hours of operation that have been in effect since 2003, allowing members of the public to access the restaurant between the hours of 7:00 A.M. through 11:00 P.M. daily. The Extended Hours Permit applies only to 7:00 A.M. to 9 A.M. on Saturday and Sunday and 10 P.M. to 11 17

34 P.M. Monday through Friday, periods of time when traffic volumes are generally low. The City s streets can accommodate the continued use of the restaurant and open air dining facility during the Extended Hours period without impacts on traffic volumes and congestion on local residential streets. Therefore, the project will not result in negative effects on traffic volumes or congestion on local residential streets. 9. Given that the project site is located in a residential zone and there are no other businesses in the City of Beverly Hills in the adjacent neighborhood with Extended Hours permits, approval of the proposed project is not expected to cause adverse impacts due to concentration of extended hours permits in the area. Section 12. Based on the foregoing, the Planning Commission hereby grants approval of the Conditional Use Permit, Development Plan Review, and Extended Hours Permit. The following conditions encompass relevant conditions of approval for the public restaurant and outdoor dining operations that were previously imposed on the subject site in past entitlements that have expired. The Project is subject to the following conditions: I. Except as authorized by this Resolution, the Project shall comply with all applicable provisions of the Beverly Hills Municipal Code, including but not limited to the City s zoning and building codes. 2. Except as otherwise modified by the Resolution, the Project shall substantially comply with the plans submitted by the applicant for the Planning Commission meeting of February 9, The Project shall be in substantial conformance with the plans 18

35 and shall operate as conditioned and approved by the Planning Commission on February 9, Parking Conditions 3. Valet parking shall be provided free of charge to all restaurant patrons. However, the hotel may charge hotel guests an overnight parking fee. at all times. 4. Free parking shall be provided to hotel employees and restaurant patrons 5. The applicant shall submit evidence satisfactory to the Director of Community Development attesting to the availability of sufficient parking to meet the parking needs for the hotel and restaurant, such evidence may include a parking demand study, if requested by the Director of Community Development. All leases for off-site parking shall be in writing and shall require the lessor to provide at least 30-days advance written notice to the City before such lease maybe amended or terminated. The C.U.P. and all rights granted hereunder shall terminate if the applicant does not maintain parking leases for sufficient parking to satisfy the parking demand for the Project unless comparable alternative parking is provided to the satisfaction of the Director of Community Development prior to the termination of the off-site parking lease(s). If the C.U.P. is terminated pursuant to this condition, the Applicant shall immediately cease operation of the restaurant as a dining facility open to the public, including both the bar and dining area, and the open air dining area, including the pooi side lounge area. 19

36 6. All conditions of the valet parking permit shall be incorporated as conditions of approval of this C.U.P. and D.P.R. 7. The hotel management shall require hotel and restaurant staff to advise all patrons of the restaurant of the availability of free valet parking for restaurant patrons. The hotel website shall also clearly advertise the restaurant reservation policy and the availability of free valet parking on both the web site homepage and the dining page for patrons of the restaurant. In addition, the availability of free valet parking should be included in any advertisements, special promotions and/or related marketing materials. 8. The Applicant shall maintain at all times signage, satisfactory in form and quantity to the Director of Community Development, advertising the availability of free valet parking for patrons of the restaurant. The signs shall be installed at the main driveway of the hotel on Olympic Boulevard, in the parkway south of the main entrance driveway on Canon Drive, and at such other locations as the Director shall reasonably deem necessary. 9. The Applicant shall submit a parking management plan to the Directors of Community Development and Transportation for review and approval. The parking management plan shall incorporate all conditions of approval, including but not limited to the following: (1) number of valet staff available throughout the day and during each day of the week, and (2) the valet return location in the alley behind the Project site. The parking management plan shall include lease agreements for the parking locations. 10. After 10:00 P.M. daily, the valet return shall be located in the alley, subject to approval by the Director of Transportation or his designee. 20

37 11. After 10:00 P.M. daily, all taxi pick-up and drop-off activity shall be limited to the alley, subject to approval by the Director of Transportation or his designee. Taxi pick-up and drop-off includes pick-up and drop-off by private town cars and ridesharing services, such as Uber and Lyft. 12. Applicant shall maintain signage at the point of sale in the restaurant and hotel lobby at all times advertising the requirement for all taxi and rideshare services to pick-up and drop-off passengers in the alley after 10 P.M. The signage shall include a statement that patrons should inform their taxi service or directly message their rideshare driver that the hotel s designated pick-up location is the alley behind the hotel. 13. Hotel and restaurant staff shall inform all patrons that taxi and rideshare services must provide pick-up and drop-off at the alley to the rear of 9400 Olympic Boulevard. 14. Hotel personnel shall be stationed at the front of the hotel to monitor patrons who attempt to cross Olympic Boulevard outside of designated pedestrian crossing zones. Said personnel shall also inform any taxi and rideshare drivers waiting on Canon Drive of the street s parking restrictions and direct these vehicles into the alley and away from Canon Drive after 10 P.M. daily. 15. To prevent vehicles from blocking the alley, the conditions of approval placed on the valet permit require no more than two vehicles to queue in the alley at one time, and prohibit valet vehicle staging in the alley. The hotel shall instruct patrons to wait in the designated waiting area in the hotel near the exit door until their car arrives. If a patron does not claim the vehicle upon return, the valet attendant shall be required to return the vehicle to the parking garage. 21

38 16. The Applicant shall maintain at all times the additional lighting in the alley to illuminate the waiting area for passenger drop-off, pick-up, and valet return. 17. The Applicant shall prepare and implement a comprehensive loading management plan for the hotel, including the restaurant, satisfactory to the Directors of Community Development and Transportation. The loading management plan shall include coordinated scheduling and advance authorization of deliveries to ensure that two vehicles do not arrive at the same time. The loading management plan shall also include procedures to minimize delivery times and presence of a loading manager at the loading area at all time when it is in use to ensure that trucks do not impede the flow of pedestrians or vehicular traffic in the alley. Operational Restrictions Public Restaurant / Open Air Dining Area 18. The hours of the public restaurant and open air dining area, including the poolside lounge area shall be as follows: manner at all times. (a) Morning Hours: The restaurant, including the bar and dining area, and the open air dining area, including the pool-side lounge area, shall not receive patrons, including hotel guests, before 7:00 A.M. daily. (b) Evening Hours: The restaurant, including the bar and dining area, and the open air dining area, including the pool-side lounge area, shall not admit patrons, including hotel guests, after 11:00 P.M. daily. 19. The Applicant shall maintain the trash collection area in a satisfactory 20. No banquets or similar private receptions which would allow the entire restaurant, including the bar and dining area, the open air dining area, and the pool-side lounge area, to be rented out for an event shall be permitted. 22

39 21. No catered events shall be permitted in the restaurant, including the bar and dining area, and the open air dining area, including the pool-side lounge area, at any time. The on-site restaurant kitchen facilities shall be used to prepare all food for events in the restaurant, including the bar and dining area, and the open air dining area, including the pooi side lounge area. 22. The aggregate total of persons in the restaurant, including the bar and dining area, and the open air dining area, including the pool-side lounge area, and any meeting room(s), at any given time shall not exceed 143 persons (excluding staff). Notwithstanding the foregoing, nothing in this condition shall be construed to bar the hotel operator from requesting an amendment to the Zoning Code at a later date to permit a greater number of persons to use the pool-side lounge area. 23. No live entertainment shall be allowed in the outdoor dining area and the pool-side lounge area at any time. 24. Pre-recorded music may be played inside the restaurant during the hours of operation, provided the volume levels conform to the noise level standard and would not be audible beyond the property line of the premises. 25. The hotel management shall post signs satisfactory to the Director of Community Development in the restaurant, the outdoor seating area, the pool-side lounge area and any meeting rooms displaying the aggregate maximum occupancy limits imposed by the Resolution. 23

40 General Operational Conditions 26. Large-scale film, video and other commercial shoots (as defined in the Office of Community Services Film Permit Guidelines) at the hotel shall be limited to one per month up to an aggregate maximum of ten (10) such events per year subject to City s approval. 27. The Applicant shall implement a program to deal with restaurant patrons who display signs of intoxication. 28. The Applicant shall comply with any conditions imposed by the California Department of Alcoholic Beverage Control on the Project s ABC license, including any restrictions imposed on the sale, service or consumption of alcoholic beverages at the restaurant, including the bar and dining area, and the open air dining area, including the poolside lounge area. All alcoholic beverage services shall cease at 1:00 A.M. daily. 29. All hotel groups who host events at the hotel shall abide by all conditions of approval set forth in this resolution. 30. The hotel management shall designate specific hotel employees to coordinate community relations and to act as the liaisons with nearby residents to respond to any disturbances to the neighboring residents in a prompt manner. At least one designated community liaison shall be present and available at the hotel premises 24 hours a day 7 days per week to respond to any disturbances. The names and telephone numbers of the designated contact persons shall be transmitted to the Director of Community Development. In addition, the Applicant shall post the name and telephone number of the contact person on call on the site in a location readily visible to the general public and approved by the Director of Community Development. 24

41 31. No equipment, furnishings or any other items, including, but not limited to heaters or propane cylinders and other outdoor dining equipment, shall be stored in the loading area or any other area on or to the rear of the main hotel building on the property. 32. The establishment shall provide access to the Fire Department, Law Enforcement, and Code Enforcement Officers at any time. Additional Conditions 33. Within 90 days of the adoption of this resolution, the Applicant shall mail to the project mailing radius, a letter with the 24 hour contact names and phones of the hotel representatives for the neighbors to contact in the event of noise disturbances from the hotel guests. 34. Commencing on the effective date of this Resolution, the Applicant shall annually submit an affidavit to the Director of Community Development attesting to compliance with the conditions of approval set forth in this Resolution and the sufficiency of the on-site and off-site parking to satisfy the parking needs generated by the use. 35. The tables and chairs shall be located in the patio area within the existing building as shown on the plans submitted to the Planning Commission and shall not at any time be permitted to encroach into the public right-of-way. 36. Free parking shall be provided to hotel employees, including any consultants or agents retained by the operator of the subject hotel in connection with the operation of said facility, at all times. Employees who drive to work must use provided parking. 25

42 37. No refuse bin shall be moved between 10 P.M. and 9 A.M. within any right-of-way or other area separating the restaurant and residential uses. 3$. All commercial refuse bins shall be equipped with non-metallic lids. 39. Except as otherwise required by the Health Code, the applicant shall be prohibited from depositing trash in the alley dumpsters after 11 P.M. Glass shall not be deposited after 10 P.M. daily. 40. The applicant shall maintain the subject area in a clean and sanitary condition. All refuse bins located outside the restaurant shall be sanitized daily. Additionally, the bins shall be replaced with clean bins on a sufficiently regular basis to avoid odor impacts to surrounding properties. 41. Employees, agents, associates and contractors of the restaurant shall not be permitted to congregate in any right-of-way or other area separating the restaurant and a residential use. 42. All doors to the restaurant facing a residential zone shall remain closed at all times between the hours of 10:00 P.M. and 9:00 A.M. except for the immediate purpose of ingress or egress. Additionally, all food preparation area windows that face a residential zone shall remain closed between those hours. 43. No less than one (1) valet parking attendant shall be assigned to the restaurant during all hours of operation, unless the Director of Transportation determines that valet parking is unnecessary. The applicant shall increase the number of valet attendants if requested to do so by the Director of Transportation. 26

43 44. The applicant shall ensure that valet parking attendants park all vehicles left with the valet service at the Project site. The vehicles shall be delivered to the designated parking area in accordance with a City approved valet parking route map. Additionally, all vehicles owned by valet parking attendants shall be parked at the Project site. Valet parking attendants shall not park restaurant patron vehicles on any street or alley. 45. The applicant shall ensure that valet parking attendants do not load or unload passengers in any location except an approved valet parking loading zone. 46. The applicant shall ensure that the valet parking attendants observe all laws of the City of Beverly Hills and the State of California. 47. No signage may be placed within the public right-of-way, except as specifically permitted in accordance with the Beverly Hills Municipal Code. Standard Conditions 4$. RUNS WITH THE LAND: These conditions shall run with the land and shall remain in full force for the duration of the life of the Project. 49. The city expressly reserves jurisdiction relative to noise, traffic, and parking issues. In the event the Director determines that operation of the use at this site is having unanticipated traffic and parking impacts, the Director shall require the Applicant to pay for a parking demand analysis. After reviewing the parking demand analysis, if, in the opinion of the Director, the parking and traffic issue merits review by the Planning Commission, the Director shall schedule a hearing in front of the Planning Commission in accordance with the provisions of Article 3$ of Chapter 3 of Title 10 of the Beverly Hills 27

44 Municipal Code. The Planning Commission shall conduct a noticed public hearing regarding the parking and traffic issues and may impose additional conditions as necessary to mitigate any unanticipated traffic and parking impacts caused by the proposed Project, and the Applicant shall forthwith comply with any additional conditions at its sole expense. 50. The hotel shall provide access to Fire Department, Law Enforcement, and/or Community Development Department staff at any time. 51. EXPIRATION AND RENEWAL. The Conditional Use Permit, Development Plan Review, and Extended Hours Permit shall expire twenty-four (24) months from the date of this approval. Upon application by the Applicant at least 30 days prior to the expiration of such permits, the Planning Commission may renew the Permits for additional thirty-six (36) month periods if the Planning Commission determines that the uses are operating in a manner approved by the Planning Commission, are abiding by the conditions imposed by the Planning Commission, and are not creating significant adverse impacts on the surrounding neighborhood. Upon the filing of a renewal request, permits shall remain valid until such a time as a decision is determined by the Planning Commission. The Applicant shall file all necessary applications and pay all applicable fees associated with said renewal requests. The renewal hearing shall be conducted by the Planning Commission to verify that any requested amendments to the Conditional Use Permit and Extended Hours Permit are not resulting in adverse impacts to the adjacent residential area. In addition, a parking demand study will be required to verify that the parking is sufficient to meet the demands of the hotel and restaurant operation. If the Planning Commission does not extend the C.U.P., D.P.R., and Extended Hours Permit, the C.U.P., D.P.R., and Extended Hours Permit shall expire and all 28

45 rights possessed under the Permits shall be terminated. Provided, however, if the Applicant files an application for an extension, any existing C.U.P., D.P.R., and Extended Hours Permit shall be extended until the City takes final action on the application. Furthermore, in the event the Planning Commission or the Director of Community Development at any time believes the hotel may not be in compliance with the Extended Hours permit provisions, the Director of Community Development, or his or her designee, at their discretion, may require the Applicant to return the Project 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. Any application for a renewal of this C.U.P., D.P.R., and Extended Hours Permit shall be subject to the application fees established by Resolution of the City Council. 52. 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. 53. RECORDATION. This Resolution approving the Conditional Use Permit, Development Plan Review, and Extended Hours Permit shall become effective immediately upon adoption of this resolution. The Owner of the Project shall deliver to the Department of Community Development an executed covenant accepting the conditions of approval set forth in this resolution within sixty (60) days of receiving such covenant from the City. The covenant shall be satisfactory in form and content to the City Attorney. The covenant shall include a copy of this resolution as an exhibit. At the time that the Applicant 29

46 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 sixty (60) days, this resolution approving the Project shall be null and void and of no further effect. Notwithstanding the foregoing, the Director of Planning & Community Development may, upon a request by the Applicant, grant a waiver from the sixty (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. 54. VIOLATION OF CONDITIONS. In the event that the hotel violates or fails to comply with any of these conditions, the City may take action to cure such violation, including but not limited to, revocation of these approvals. II I III 30

47 Section 12. The Secretary of the Planning Commission shall certify to the passage, approval, and adoption of this Resolution, and shall cause this Resolution and his/her Certification to be entered in the Book of Resolutions of the Planning Commission of the City. Adopted: February 9, 2017 Attest: Farshid Joe Shooshani Chair of the Planning Commission of the City of Beverly Hills Ryan Gohlich, AICP Secretary of the Planning Commission Approved as to form: Approved as to content: David M. Snow Assistant City Attorney Ryan Gohlich, AICP Assistant Director / City Planner Community Development Department 31

48 -I C -I C, m

49 EVRLRLY NOTICE Of PUBLIC HEARING HEARING DATE: February 9,2017 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 The Planning Commission of the City of Beverly Hills, at its REGULAR meeting on Thursday, february 9, 2017, will hold a public hearing beginning at 1:30 PM, or as soon thereafter as the matter may be heard, to consider: A request for a Conditional Use Permit, Development Plan Review, and Extended Hours Permit for the property located at 9400 Olympic Boulevard (Viviane Restaurant at Avalon Hotel). The Applicant (the Avalon Hotel) was previously granted a Conditional Use Permit, Development Plan Review, and Extended Hours Permit to allow the following operations at the hotel: Operation of a restaurant within the hotel that is open to the public; Operation of a hotel dining facility that receives patrons between the hours of 7 A.M. until 11 P.M. daily; and Use of patio areas adjacent to the pooi for open air dining on private property and to establish parking requirements for the open air dining areas. The previously granted entitlements were not renewed in a timely manner and have expired. The Applicant is requesting a new Conditional Use Permit, Development Plan Review, and Extended Hours Permit to allow the same hotel dining operations with open air dining furniture in the same location within the hotel as was previously authorized. This project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. Upon review, the project appears to qualify for exemption from CEQA. Accordingly, the Planning Commission will consider a recommendation to find the project exempt from the environmental review requirements of CEQA as a Class 1 Categorical Exemption (minor alterations to an existing facility) pursuant to Section of Title 14 of the California Code of Regulations. Any interested person may attend the meeting and be heard or present written comments to the Commission. Written comments also may be submitted prior to the public hearing to the Planning Division, via mail: attn. Alek Miller, 455 N. Rexford Drive, 1St Floor, Beverly Hills, CA Written comments may also be submitted via to amiller@beverlvhills.org. -- Continued on next page -- City of Beverly Hifis 455 N. Rexford Drive Beverly Hills, California 902 lop (310) f(3 10) BeverlyHills.org

50 Please note that if you challenge the City s action in court, you may be limited to raising only those issues you or someone else raised at a public hearing or in written correspondence delivered to the City, either at or prior to the end of the public comment period. 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 Alek Miller, Assistant Planner in the Planning Division at (310) , or by at amiller@beverlyhffls.org. Copies of the application and associated project 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 Sincerely, Mek Miller, Assitant Planner Mailing Date: January 30,

51 ATTACHMENT D Correspondence

52 CORRESPONDENCE FROM PUBLIC

53 October 13, 2016 Dear Commissioners. IN the past, we have been able to work as neighbors with the hotel and the restaurant but recently (the past year...especially the past 6-10 months], the hotel is not working with the residents to find solutions to the problems. It is unfortunate. When one resident contacted the hotel and voiced concern about the noise, she was told from the new manager I use to live in New York, that is just the way it is Although we worked along with the city to make sure there is not entrance to the front of the hotel after 10:00 pm, that does not include the Ubers (in and out during the evening], town cars, party buses, etc...sometimes until 3-4:00 am. The guests are unruly, loud, disruptive, messy, etc. When we contact the hotel, they often do not answer the phone in the middle of the night and if they do, we hear sorry and they hang up. Our lawns have trash, throw up, empty bottles, etc. Just as recent as last week, we called the police past midnight to complain of noise, a fight, two friends laughed and screaming, etc. There use to be security of some sort outside the hotel 4 nights a week (Thurs-Sun] to monitor people. It was part of the CUP...not anymore. All entrance and exits after 10:0 0 pm should be in the back/alley, just like the cars. The restaurant closes at 11:0 0 and alcohol is served until 1:00---patrons are lingering and drinking as they are exiting the hotel, waiting for a ride, laughing and talking loudly. Neighbors are often woken up. The front doors should be closed and locked at 10:00. Once a month, on Sunday, the restaurant, Viviane and the hotel have open parties with music loudly playing in the pooi area. When contacted, they stated that have a permit with the city to have open parties on Sunday from 1-5 pm. The restaurant is playing the music as people go from the brunch to the pool. There are also younger guest (high school and college age] coming to hang out as the information is posted on Facebook, Twitter and other forms of social media. To our knowledge, there are no OPEN PARTY PERMITS. The police were called on September 11, 2016 to go to the hotel and have them turn down the music. This was not the first time. The restaurant has often turned up the music during the week. When contacted, they have told us they are allowed to have music until 11:00 pm. We also understand that NO music is to be playing through the speakers into the pool area from the restaurant. If that is true, they are playing the music into the cabanas/pool area and the music can be heard across the street Restaurant patrons are smoking right outside the side door of the restaurant... we understood they were supposed to designate a smoking area, away from the residents. We understood it was to be in the alley. Now the smoking happens within 5 feet of the restaurant and on OUR lawns. Just the other day, one of us found a lighter, mini alcohol bottles and cigarette butts on our lawn in the morning.

54 Parking has become problematic as well. As stated above, when the patrons leave the restaurant, they are often drunk, unruly and loud. They talk loudly and linger on the street after hours... 1:00pm and later. There is no parking at the meters after 10:00 but that does not stop the towncars and ubers from picking up or waiting on the street, often taking a parking space. ALL pickups and drop offs need to be in the alley after 10:00---that includes cars waiting for patrons or guests of the restaurant. The cliental has changed in the past year and so has the lack of respect of the hotel/restaurant towards the neighbors. This is a mixed-use street and the hotel/restaurant needs to abide by the agreement and show consideration to the neighbors. The police log the past few months will verify more and more calls are being made about the Avalon and Viviane. We have asked the hotel/restaurant nicely, we have screamed out our windows in the middle of the night, we have asked the patrons nicely---disruptive and rude behavior continues. We need your help. Please. Sincerely, Jonathan and Lindsey-living directly across from the hotel/restaurant Danny---living half way down the street on Canon near the alley/back of hotel Michelle living half way down the street on Canon near the alley/back of hotel Kathy living directly across from restaurant and the hotel

55 taking From: Sent: To: Subject: Attachments: Kathy Sunday, October 16, :20 PM Alek Miller Saturday night IMG_6970.J PG; ATf00001.txt; IMG_6971.J PG; Afl00002.txt You can attach these to our complaint... these were the uber and town cars waiting for guests at the restaurant on the permit only side of the street....across from the hotel this past Saturday night. This occurs often. Pass this along to the commission so they can see what the residents have to deal with. The town cars stayed for over an hour while people ate --- up permit parking and hanging in the street. Just some more information to show how the restaurant and hotel are not considerate neighbors in a residential area. These are our homes!!!! Thank you

56

57 From: Sent: To: Subject: Kathy< Monday, January 16, :35 PM Alek Miller Re: revised letter!!hh!! And no DJ. Sunday parties. Music!!! Okay Good night!!! Thank you Sent from my iphone On Jan 9, 2017, at 7:30 AM, Alek Miller wrote: Hi Kathy, Yes, of course. I just need it by the 18th if you want it to go into the packet with the staff report. That said, if it s later than that, I can still accept it and share it with the Commission up until the time of the hearing. Let me know if you have any other questions. Alek Miller Assistant Planner Community Development Department City of Beverly Hills 455 N. Rexford Dr. Beverly Hills, CA (310) am iller@ beverlyhills.org From: Kathy [mailt Sent: Sunday, January 08, :40 PM To: Alek Miller Subject: Re: revised letter!!!!!!!! Hi Alek Can I have it to you by the end of week??? Jan 13th??? That way it gives me an extra few days Thank you!!!!! Sent from my iphone On Jan 6, 2017, at 10:00 AM, Alek Miller <arnil1er(beverlyhu11s.org> wrote:

58 Hi Kathy, I hope you re well. I wanted to let you know that the Avalon s hearing at Planning Commission has been scheduled for 1/26/17 (about 3 weeks from now). In order for any comments to get into the packet that goes to Commissioners, I need them by the end of the day on January 18th I ll send out notices to neighboring properties at the end of next week. Thank you! Alek Miller Assistant Planner Community Development Department City of Beverly Hills 455 N. Rexford Dr. Beverly Hills, CA (310) amiller@beverlyhills.org From: Kathy [ Sent: Tuesday, November 22, :15 PM To: Alek Miller Subject: Re: revised letter!!!!!!!! Not to worry!!!! Catch you soon Kathy Sent from my iphone On Nov 22, 2016, at 5:31 PM, Alek Miller <amiller@beverlyhills.org> wrote: Hi Kathy, I ran out of time to write back today, but let s talk tomorrow. Will you please call me when you are free or send me your phone number? Thank you! Alek Millet Assistant Planner Community Development Department City of Beverly Hills

59 455 N. Rexford Drive Beverly Hills, CA Direct: (310) From: Alek Miller Sent: Tuesday, November 22, :58 AM To: Kathy Bronte Subject: RE: revised letter!!!!!!!! Hi Kathy, I want to confirm that I got your message and will get back to you later on today. I m working on a couple tight deadlines, but will get back to you today or tomorrow at the latest. Alek Miller Assistant Planner Community Development Department City of Beverly Hills 455 N. Rexford Drive Beverly Hills, CA Direct: (310) amiller@beverlyhills.org From: Kathy Bronte I Sent: Monday, November 21, :46 PM To: Alek Miller Subject: Re: revised letter!!!!!!!! lii Alek I wanted to touch base with you to give you an update I met with Sarah, who is the general manager??? we went over the list of issues and of course, she said they would be addressed. IF they are addressed, there should be no problem implementing them and writing them down as part of the new agreement. (e.g.... she said no more Sunday open parties?? she told me there can be a DI at the pool?? it is in the present agreement??? we do not want this. she said they hired someone to be outside Thurs Sun. at night we thought that was part of the agreement and was being inforced etc.

60 we said the parking is an issue (not the valet people, but the guests and others)...she said they would work on that. we see employees of the restaurant are parking at the meters and on Olympic she said she will address that, as you can see there are issues. I hope they will be addressed your thoughts?????? Kathy

61 From: Kathy Bronte < Sent: Monday, January 16, :04 PM To: Alek Miller Subject: Re: revised letter!!!!!!!! Hi Alek-- hope you had a nice weekend. Sarah has made some accommodations that have helped. Since the parking and restaurant are now run by the hotel itself and not sub-contracted, there has been improvements as she can oversee and have more control. Unfortunately, Sarah will not be there forever so I am glad you are revising the resolution with coltections so the hotel can be a better neighbor. A big issue is the cars coming in and out of va et....the backup of cars....cars blocking the street for drop off and pick up (Uber, town cars) and cars parking on permit only side and waiting for guests and refusing to move when asked. As we discussed, our parking is very limited as it is Sarah had mentioned there was going to be a person outside (a security type person) to make sure Ubers and people use the back entrance in the alley after 10:00 as the noise, drunk patrons, etc. are awful. I understood they were going to be there until 2:00 am (at the least). that is NOT happening and it is quite disturbing. There has been cars in the meter spots belonging to employees of the hotel in the morning. I sent pictures to Sarah. She promptly addressed the issue. The neighbors and I feel the tighter and clearer the restrictions, the better neighbors we can be. Please let me know if you have any questions before the hearing. I hope this helps!!! thank you Alek Kathy

62 avalon iwt D F West Olympic Boulevard Beverly Hills, California www. avalonbeverlyhil Is. corn At Avalon Hotel Beverly Hills we are continuing to foster relationships and develop our new team members to understand the importance of what it means to be a good neighbor. As society continues to change, with neighbors often becoming increasingly isolated from one another, we feel now is more important than ever to remind each other of our relationship and responsibilities as a neighbor. Our historic Beverly Hills roots and foundation within the community is central to our identity. We have many neighbors with whom we interact with on a regular basis. We consider our neighbors as part of the family and routinely go above and beyond to attend to their needs, just as we do with our guests. We offer many perks to our neighbors, but more importantly take time to listen to their concerns and assist them when they are in need. We pledge to our community to continue to be a good neighbor and foster a spirit of kindness and hospitality to others, which is not just our business; it is our mindset. I can attest to the neighborly spirit of the Avalon Hotel Beverly Hills and its employees. I agree to hold them to their pledge and communicate my concerns with management. Pri4t Name %ignature -( 0 5 Phone Date 0_/

63 avalon 1wte D F West Olympic Boulevard Beverly Hills, California At Avalon Hotel Beverly Hills we are continuing to foster relationships and develop our new team members to understand the importance of what it means to be a good neighbor. As society continues to change, with neighbors often becoming increasingly isolated from one another, we feel now is more important than ever to remind each other of our relationship and responsibilities as a neighbor. Our historic Beverly Hills roots and foundation within the community is central to our identity. We have many neighbors with whom we interact with on a regular basis. We consider our neighbors as part of the family and routinely go above and beyond to attend to their needs, just as we do with our guests. We offer many perks to our neighbors, but more importantly take time to listen to their concerns and assist them when they are in need. We pledge to our community to continue to be a good neighbor and foster a spirit of kindness and hospitality to others, which is not just our business; it is our mindset. I can attest to the neighborly spirit of the Avalon Hotel Beverly Hills and its employees. I agree to hold them to their pledge and communicate my concerns with management. S L15,W Print Na i93 C 7/ Phone gnature Date

64 m -v 0 z m -I 0 0 m 0 z m z m -I, 0 -v I 2

65 Dear Alek, Date: The, Oct18! :07pm To: From:.. _- 1/2 10pm but to ensure guests don t get confused it is not permanently in the alley. especially after 10pm per CUP requirements. In prior years the ash tray was by the entrance until smoking area and ash trays to the alley. We urge staff not to allow anyone to smoke in front but Regarding the restaurant smokers outside restaurant - we moved about 4 months ago the guest had. ourselves, as we did with all past restaurants. We no longer offer DJs by the pool over summer, which Manager as I can assure you no one else would be aware of any permitting the hotel has or has not social media for a public party. I urge neighbors, if they have questions, to always ask me or a The valet is responsible for picking up trash. I, and my management team daily pick up trash on Canon. I have never (nor would I tolerate) a guest or anyone vomiting outside, nor have i ever neighborhood and go above and beyond daily to pick up all - trash many people who live in the apartments is not of interest to me, only that Canon remains clean. whether it is caused by hotel or the Sunday to ensure music could not be heard (as instructed by BHPD). I have never seen an invite on Every morning we have a housekeeping staff member walk the exterior of the hotel to pick up trash. We have terminated our partnership with Bombet Hospitality and are running Viviane internally We never exceeded capacity, never had live music, and even started walking across the street each was to provide a nice chill vibe by the pool while people ate brunch during daytime hours (after 12pm). to come pick it up and discard it...we certainly did not kill the cat. We take very seriously out encountered this. I did encounter two weeks ago a dead cat on the grass so we called animal control the alley and I employ another person to operate valet from the alley. trash, etc...do not occur. This person is staged at the entrance even though the valet operation is in 10pm to 6am solely to stand at the hotel entrance to monitor and ensure ubets, taxis, smokers, noise, has not changed - we have and currently employ one employee to work the entire overnight shift from I am pleased to say that Kathy s note that we used to employ someone at the entrance after 10 pm never be that inhospitable. comment like she rumored to be true. I work in hospitality and represent the business so I would I am the only manager who has lived in New York, and I can assure you I would never ever make a As per her comments, I have explanations and details and comments for a few others to which I disagree. medical return about any concerns and until then she is welcome to speak with Tom Cox, Front Office Manager. disruptions. I have not yet met or spoken with Kathy Bronte, but I will gladly speak with her upon my cell, and office phone so all neighbors feel they have someone to talk to if we are causing any Thank you for your question. I was quite surprised to see the note from Kathy Bronte and a few other neighbors. I have interacted with many neighbors and as mentioned in the past, have I provided my 12128/2016

66 Sarah for you to contact them. provide valid experiences of dealing with hotel staff and management I am happy to provide names If you would like a note from a few neighbors who I have spoken with and encountered who can would not be permitted by our employees we pay to remain at entrance. We are not really a late night restaurant. (have never encountered patrons out front at lam and this 12128/2016 httpsj/maii.ad.com/webmai(-std/en-us/prntmessage 2/2

67 Aftachments: Restaurant Stats CURpUI (253 K) Date: Fri Sep 16, :45 am Subject: AVALON To:mdawson)awsf From: m daws on law 1/3 at the end of April, 1 checked on the city of BH website to confirm we were in compliance, which we are. facing the entrance and if they were to use blowers I woutd hear it. When I first arrived to this hotel White they do start prior to 8:30am, they do not use any equipment before 8:30am. My office is Gardeners: on the street, and should an employee park on the street they will face disciplinary action. We pay for every employee to park at 350 S Beverly Drive. We do not permit employees to park Employees Parking on Olympic: place signs and posts in the valet entrance in front so vehicles literally cannot enter the valet area. stand in front and stop people from smoking, causing noise or using uber or ta)ds in front. We atso After 10pm valet is moved to the alley, without exception. We have an employee we pay solely to Valet Operation: CUP we cannot have live entertainment in the outdoor dining area and pool side lounge. received no further complaints. I have advised the FB management team accordingly. According to hear the music. He advised that if we hear music clearly, just turn it down. Paula did this and we and he advised Paula that anytime we have such music, walk across the streetto see if we can recorded music or the actual decibals. They walked across the street to the neighbor s building There is no microphone, etc. It is not a party scene but rather is our way to liven up the brunch meal period. A police officer spoke with Paula our Supervisor and did not have an issue with the pre summer long, on Sundays during brunch (noon to 5pm) we have pre-recorded music at the pool. On Sunday a neighbor called the police regarding noise. We have not had this call all summer. All Sunday Noise gym to a PDR. The amount of seats remains the same. Please notethe attached and below. The square footage has not increased, justthe usage went from being a Sent: Thu, Sep 15, :49 pm Subject: RE: Re: To: mdawsonlaw <mdawsonlaw@aol.com> From: Sarah Blatsiotis <sarah.blatsiotis@ai.elonbet.ertyhills.com> W12016 AVALON

68 Important Note: 10pm they are specifically instructed to go to the alley. If we can identify a limo or uber before 10pm we ask them to come to our waiting area, and after Canon Ubers and Limos: 2/ Office Facsimile Beerly Hills, CA Dawson Itlem & Gole B1 i., 9454 Wilshire Penthouse Mitchell]. Dawson avalon kotel avaton he ertyh ills.eom Beverly Hills, California West Olympic Boulevard o F General Manager Sarah Blatsiotis 9am-6pm. One neighbor complained that when we work late the light from our office shines into am happy to give you names of specific neighbors who I feel we have gone above and beyond for pool for free and we have never corrected them. One neighbor complained about the noise from guests (for overnight also), as well as 30% discounts at our restaurant. Neighbors use our gym and front of neighbor s buildings having nothing to do with the hotel. We have paid to trim trees in all the time, including early morning on weekends. If they need help moving furniture, my Engineer We have gone above and beyond to be good neighbors. Most neighbors have my cell and call me helps them (free of charge). We (myself and my valet) pick up trash reguladyfrom Canon even in neighbors yards although legally we don t have to. We give neighbors on Canon free valet for their our (normal) AC unit, so we have shut if off to our offices so we do not allow AC usage other than their home, so we do not permit lights on after 7pm and we must take work home if incomplete. I and who certainly know to contact me if they are uncomfortable with anything caused by the hotel and know I immediately correct it. 9/1&2016 AVALON

69 0 0 I m I C, -I,

70 PC Avalon Hotel All Police Reports, 8/31/2014 9/11/2016 Date Day of week Time (beginning with (which determines *gtay shaded Type of Call Notes most recent) when Extended rows indicate Hours begin) Extended Hours period 9/11/2016 Sunday 2:13 PM Disturbing the Notes: coming Peace from pool area; Advised 8/28/2016 Sunday 7:22 PM Parking Call Gone on Arrival 8/27/2016 Saturday 12:07 AM Road rage Disturbance involving an assault 6/30/2016 Thursday 7:52AM Impound Impound completed 6/24/2016 Friday 10:26 AM FB Checks OK 6/20/2016 Monday 3:51 PM Suspicious Vehicle Checks OK 6/11/2016 Saturday 11:51 PM Disturbance Report of Physical (conflict), Gone on Arrival 6/1/2016 Wednesday 3:10 PM Impound Cited 5/24/2016 Tuesday 4:19 PM Keep the Peace Checks OK 5/18/2016 Wednesday 3:43 PM Impound Cited 5/10/2016 Tuesday 7:53 PM Disturbance Conflict b/t male and female, advised 4/16/2016 Saturday 10:08 PM Transient Subject refused to Complaint leave, then was gone on arrival 3/21/2016 Monday 3:26 PM Parking Call Checks OK (Parked in Red Zone) 3/5/2016 Saturday 10:31 PM Disturbing the Advised (party had Peace ended) 2/5/2016 Friday 6:31 PM Parking Call Cited 1/1/2016 Friday 12:09 AM Disturbing the No violation - Peace dinner party that would end at 1:00 AM 12/18/2015 Friday 2:09 AM Municipal Code Power Washers, Violation Gone on arrival 11/23/2015 Monday 10:28 PM Disturbance Verbal dispute, completed 10/27/2015 Tuesday 3:01 PM Keep the Peace No report desired 9/9/2015 Wednesday 1:20 PM Parking Call Construction

71 truck, gone on arrival 5/31/ 2015 Friday 10:03 PM Keep the Peace Guest refusing to leave, Checks OK 11/22/2014 Sunday 9:59 AM Parking Call Parking pass violation (across from hotel on Canon), cited 10/8/2014 Wednesday 3:28 PM Parking Call Warned, assisted (note: misunderstanding between management and parking unit ) 9/8/2014 Monday 10:04 PM Keep the Peace Gone on Arrival 8/31/2014 Sunday 7:54 PM Disturbing the Advised Peace 8/31/2014 Sunday 10:10 PM Disturbing the Minimal noise at Peace hotel. Event to end at 11 PM 8/31/2014 Sunday 8:31 PM Disturbing the Report related to Peace loud music, checks OK Total: 27 police calls for service, 9 during Extended Hours period (shaded in gray).