RESOLUTION NO RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BEVERLY HILLS EXTENDING A CONDITIONAL

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1 HEREBY FIND, RESOLVE, ANT) DETERMINE AS FOLLOWS: Planning Commission subsequently granted annual renewals for the CUP and DPR through the ( D.P.R. ) to allow a public restaurant within a nonconforming hotel and to allow open air dining adoption of Resolution No on June 13, 2002, and Resolution No on March 24, prior to the expiration of these approvals. BE OPEN TO THE PUBLIC AND A DEVELOPMENT PLAN USE PERMIT TO ALLOW A HOTEL DINING FACILITY TO CITY OF BEVERLY HILLS EXTENDING A CONDITIONAL No issuing a Conditional Use Permit (the C.U.P. ) and Development Plan Review Permit RESOLUTION NO RESOLUTION OF THE PLANNING COMMISSION OF THE at property located at 9400 Olympic Boulevard (Avalon Hotel) (hereafter the Project ). The REVIEW FOR OPEN AIR DINING AT 9400 OLYMPIC BOULEVARD (AVALON HOTEL) The Planning Commission s decisions were subject to various conditions to minimize impacts of the Project on neighboring residential properties. the D.P.R. approval shall expire on March 24, Condition No. 16 further provides that any 807$5\0009\ application for renewal of the C.U.P. and D.P.R. shall be reviewed by the Planning Commission Section 2. Condition No. 16 of Resolution No states that the C.U.P. and Section 1. On January 24, 2001 the Planning Commission adopted Resolution THE PLANNING COMMISSION OF THE CITY OF BEVERLY HILLS DOES -

2 previously adopted negative declaration, the comments received thereon, and the record before the negative declaration or a supplement to the previously adopted negative declaration because the requested approval will merely permit the existing restaurant to remain open to the general public negative declaration or major revisions to the previously adopted negative declaration pursuant to of the effects that previously were identified and analyzed in the adopted negative declaration. to the provisions of the California Environmental Quality Act (Public Resources Code Sections D.P.R. to allow open air dining at the Project. for the C.U.P. to continue the operation of a public restaurant within a nonconforming hotel and the and operator of the Avalon Hotel, Inc. (hereafter the Applicant ), timely filed renewal applications Kate Bartolo, of the KOR Group, on behalf of Honeymoon Real Estate, LP., owner 21000, et seq.( CEQA ), the State CEQA Guidelines (California Code of Regulations, Title 14, and will not introduce new significant environmental effects or substantially increase the severity Sections 15000, et seq.), and the City s Local CEQA Guidelines. Based on the initial study, the Planning Commission, the Planning Commission hereby finds that there have been no substantial changes to the Project or the environment that would require the preparation of a subsequent Furthermore, there are no changed circumstances or new information, which were not known at the CEQA Guidelines Section Therefore, the original negative declaration represents the independent judgment of the City and there is no substantial evidence that the renewal of the approval of the Project, as modified, may have any significant environmental impact. The time the negative declaration was adopted that would require the preparation of a subsequent 30785\0009\ Section 3. The Project has previously been environmentally reviewed pursuant -

3 surrounding neighborhood. Evidence presented did raise some concerns regarding the Applicant s management practices to curb excessive levels of occupancy, noise and utilization of street parking continue to make each of the findings set forth in Resolution Nos. 1156, 1232 and 1285 in an affirmative manner and hereby adopts those findings and renews the C.U.P. and D.P.R. through and evidence, both oral and written, was presented. a duly noticed public hearing to consider the C.U.P. and D.P.R. renewal applications, at which time Section 4. On June 17, 2004, and July 28, 2004, the Planning Commission held The Planning Commissions intent is that by providing its approval for the Project as conditioned The Planning Commission further finds that with the imposition of these additional conditions it can have been implemented to remedy any previous violations of the conditions of the C.U.P. or D.P.R. by its patrons. As conditioned by this Resolution, the Planning Commission finds that procedures herein, the Applicant or its successor (hereinafter Applicant ) will undertake operational and restaurant and outdoor dining area at the Project site has not had an adverse impact on the in the Department of Community Development and are in the custody of the Director of Community documents and other material which constitute the record on which this decision is based are located Development. determines that, as conditioned under Resolution Nos. 1156, 1232 and 1285, the operation of the failure to comply with the conditions of approval and its untimeliness in correcting those violations \0009\ including March 24, 2005, subject to all conditions set forth in Section 6 below. Section 5. Based on the foregoing, the Planning Commission hereby finds and -

4 B0785\0009\ all rights granted hereunder shall terminate if the applicant does not maintain parking leases provisions of the Beverly Hills Municipal Code, including but not limited to the City s meeting of June 17, 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 may be amended or terminated. The C.U.P. and restaurant patrons. [Resolution No ] restaurant, if requested by the Director of Community Development. All leases for off-site 5. Free parking shall be provided to hotel employees and restaurant patrons at all times. 6. The applicant shall submit evidence satisfactory to the Director ofcommunity Development 4. Valet parking shall be provided free of charge to hotel guests, non-hotel guests and all Parking Conditions 3. Except as otherwise modified by Resolution Nos. 1156, 1232 and 1285, the Project shall 2. Except as authorized by this resolution, the Project shall comply with all applicable including March 24, zoning and building codes. 1. This C.U.P. and D.P.R. (collectively the Permits ) are hereby extended through and C.U.P. and D.P.R. (the Permits ) through and including March 24, 2005, subject to the following conditions: substantially comply with the plans submitted by the applicant for the Planning Commission [Resolution No as modified by Resolution No ] attesting to the availability of sufficient parking to meet the parking needs for the hotel and Section 6. Based on the foregoing, the Planning Commission hereby renews the -

5 80785\0009\ dining facility open to the public, including both the bar and dining area, and the open air Resolution No ] Resolution No ] 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. [Resolution No as modified by Resolution No ] reservation policy and the availability of free valet parking on both the web site homepage quantity to the Director ofcommunity Development, advertising the availability of free valet 8. The hotel management shall require hotel and restaurant staff to advise all patrons of the 9. The Applicant shall install and maintain at all times signage, satisfactory in form and and the dining page for patrons of the restaurant. [Resolution No as modified by this C.U.P. and D.P.R. [Resolution No ] 7. All conditions of the valet parking permit shall be incorporated as conditions of approval of to this condition, the Applicant shall immediately cease operation of the restaurant as a prior to the termination of the off-site parking lease(s). If the C.U.P. is terminated pursuant restaurant of the hotel s restaurant reservation policy and of the availability of free valet parking for restaurant patrons. The Hotel web site shall also clearly advertise the restaurant parking for patrons of the restaurant. The signs shall be installed at the main driveway of the alternative parking is provided to the satisfaction of the Director of Community Development dining area, including the pool side lounge area. [Resolution No as modified by for sufficient parking to satisfy the parking demand for the Project unless comparable -

6 13. To prevent vehicles from blocking the alley, the conditions of approval placed on the valet 15. The Applicant shall prepare and implement a comprehensive loading management plan for 30785\0009\ The Applicant shall maintain at all times the additional lighting in the alley where the valet parking facilities at 1150 and 1125 S. Beverly Drive, (2) number of valet operators, and (3) modified by Resolution No ] Commission, including but not limited to the following: (1) availability of the two new area in the hotel near the exit door until their car arrives. If a patron does not claim the garage. [Resolution No ] 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 vehicle upon return, the valet attendant shall be required to return the vehicle to the parking subject to approval by the Director of Transportation or his designee. [Resolution No ] by the Department of Transportation or his designee. [Resolution No ] shall incorporate all conditions of approval recommended by the Traffic and Parking the valet return location in the alley behind the Project site. The parking management plan shall include lease agreements for these two parking locations. [Resolution No as Development and Transportation for review and approval. The parking management plan return is designated as required by Resolution No the hotel, including the restaurant, satisfactory to the Directors of Community Development 10. The Applicant shall submit a parking management plan to the Directors of Community 11. After 10:00 p.m. daily, the valet return shall be located in the alley shall, subject to approval 12. After 10:00 p.m. daily, all taxi pick-up and drop-off activity shall be limited to the alley, -

7 16. The hours of operation of the public restaurant and open air dining area, including the pooi Public trucks do not impede the flow ofpedestrians or vehicular traffic in the alley. [Resolution No. presence of a loading manager at the loading area at all times when it is in use to ensure that advance authorization ofdeliveries to ensure that two vehicles do not arrive at the same time. and Transportation. The loading management plan shall include coordinated scheduling and B0785\0009\ out for an event shall be permitted. [Resolution No ] the bar and dining area, the open air dining area, and the pool-side lounge area, to be rented 17. No banquets or similar private receptions which would allow the entire restaurant, including shall close at 11:00p.m. on Sunday nights. [Resolution No and Resolution No ] the bar and dining area, and the open air dining area, including the pool-side lounge area, hotel guests, after 11:00 p.m. Monday through Saturday, inclusive. The restaurant, including open air dining area, including the pool-side lounge area, shall not admit patrons, including (b) Evening hours: The restaurant, including the bar and dining area, and the and Sunday. hotel guests, before 7:00 a.m. Monday through Friday, inclusive, and 9:00 a.m. on Saturday open air dining area, including the pool-side lounge area, shall not receive patrons, including (a) Morning hours: The restaurant, including the bar and dining area, and the side lounge area shall be as follows: Operational Restrictions Restaurant/Open Air Dining Area 1340.] The loading management plan shall also include procedures to minimize delivery times and -

8 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 pool-side the open air dining area, including the pool-side lounge area, at any time. The on-site 18. No catered events shall be permitted in the restaurant, including the bar and dining area, and B0785\0009\ Resolution. [Resolution No ] meeting rooms displaying the aggregate maximum occupancy limits imposed by this Development in the restaurant, the outdoor seating area, the pool-side lounge area and any 22. The hotel management shall post signs satisfactory to the Director of Community beyond the property line of the premises. [Resolution No ] provided the volume levels conform to the nosie level standard and would not be audible 21. Pre-recorded music may be played inside the restaurant during the hours of operation, area at any time. [Resolution No as modified by Resolution No ] 20. No liye entertainment shall be allowed in the outdoor dining area and the pool side lounge the pooi side lounge area. [Resolution No ] amendment to the Zoning Code at a later date to permit a greater number of persons to use nothing in this condition shall be construed to bar the hotel operator from requesting an given time shall not exceed 143 persons (excluding staff). Notwithstanding the foregoing, open air dining area, including the pool-side lounge area, and any meeting room(s), at any 19. The aggregate total of persons in the restaurant, including the bar and dining area, and the lounge area. [Resolution No ] -

9 30785\0009\ p.m. on Sundays. [Resolution No ] 27. The Applicant shall obtain a special events permit from the City Council for any event in the 1285.] a special events permit shall be submitted on the form provided by the City. [Resolution No. and dining area, and the open air dining area, including the pool-side lounge area. All side lounge area attended by an aggregate total in excess of 143 persons. Applications for restaurant, including the bar and dining area, and the open air dining area, including the pool such contracts. [Resolution No ] the conditions of approval set forth in the resolutions approving this CUP as a condition of alcoholic beverage service shall cease at midnight Monday through Saturday and at 11:00 on the sale, service or consumption ofalcoholic beverages at the restaurant, including the bar of intoxication. [Resolution No ] No ] 25. The Applicant shall comply with any conditions imposed by the California Department of 26. All hotel contracts with persons or organizations who host events at the hotel shall include aggregate maximum often (10) such events per year subject to City s approval. [Resolution Alcoholic Beverage Control on the Project s ABC license, including any restrictions imposed Services Film Permit Guidelines) at the hotel shall be limited to one per month up to an 23. Large-scale film, video and other commercial shoots (as defined in the Office of Community 24. The Applicant shall implement a program to deal with restaurant patrons who display signs General Operational Conditions -

10 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 28. The hotel management shall designate specific hotel employees to coordinate community 30. Commencing on the effective date of this Resolution, the Applicant shall be required to: Procedural Requirements. 29. No equipment, furnishings or any other items, including, but not limited to heaters or any disturbances. The names and telephone numbers of the designated contact persons shall 30785\0009\ demand analysis. After reviewing the parking demand analysis, if, in the opinion of the traffic and parking impacts, the Director shall require the applicant to pay for a parking event the Director determines that operation of the use at this site is having unanticipated use. The City expressly reserves jurisdiction relative to traffic and parking issues. In the sufficiency. of the on-site and off-site parking to satisfy the parking needs generated by the attesting to compliance with the conditions of approval set forth in this Resolution and the (a) Annually submit an affidavit to the Director of Community Development No ] any other area on or to the rear of the main hotel building on the property. [Resolution propane cylinders and other outdoor dining equipment, shall be stored in the loading area or Development. [Resolution No ] readily visible to the general public and approved by the Director of Community post the name and telephone number of the contact person on call on the site in a location be transmitted to the Director of Community Development. In addition, the Applicant shall be present and available at the hotel premises 24 hours a day 7 days per week to respond to -

11 31. This C.U.P. and D.P.R. (collectively the Permit ) shall expire on March 24, Upon traffic issues and may impose additional conditions as necessary to mitigate any the provisions of Article 3$ of Chapter 3 or Title 10 of the Beverly Hills Municipal Code. Director, the parking and traffic issues merit review by the Planning Commission, the 30785\0009\ Director ), and the Director shall conduct the review for that year. All subsequent renewal annual renewal hearing for any given year to the Director of Community Development (the Planning Commission. The Planning Commission may, in its sole discretion, delegate the impact on the surrounding area. The annual renewal hearing shall be conducted by the by the conditions imposed by the Planning Commission, and is not creating an adverse described to the Planning Commission and approved by the Planning Commission, is abiding including the pool-side lounge area is operating in a manner substantially the same as determines that the restaurant, including the bar and dining area, and the open air dining area, the City may extend the Permit for additional one-year terms if the reviewing authority application by the Applicant at least 60 days prior to the expiration date of March 24, 2005, be included as part of the renewal request. [Resolution No and Resolution No days prior to the expiration of this approval. A request to expand the hours of operation may (b) File any application for renewal of the C.U.P. and D.P.R. at least sixty (60) shall forthwith comply with any additional conditions at its sole expense; and unanticipated traffic and parking impacts caused by the proposed Project, and the applicant Director shall schedule a hearing in front of the Planning Commission in accordance with - The Planning Commission shall conduct a noticed public hearing regarding the parking and

12 Director determines that the restaurant is operating in a manner substantially the same as by the Commission to the Director. 307$5\0009\? of approval on the Project to ensure that the Project does not adversely impact adjacent uses of the Permit, the Planning Commission or the Director may impose additional conditions established by resolution ofthe City Council. In considering any application for an extension Any application for an extension ofthe Permit shall be subject to the application fees any existing Permit shall be extended until the City takes final action on the application. terminated. Provided, however, that if the Applicant files an application for an extension, Permit shall expire and all rights possessed by the applicant under the Permit shall be If the Planning Commission or the Director does not extend the Permit, then the Article 38 of Chapter 3, Title 10 of the Beverly Hills Municipal Code. noticed public hearing on the matter in accordance with the hearing procedures set forth in matter is appealed to the Planning Commission, the Planning Commission shall hold a mailed to any person who submits to the Director a written request for such notice. If the ten days after the Director has issued the decision. Notice of the Director s decision shall be be appealed to the Planning Commission by filing a notice of appeal with the Director within impact on the surrounding area. Any decision by the Director pursuant to this paragraph may by the conditions imposed by the Planning Commission, and is not creating an adverse described to the Planning Commission and approved by the Planning Commission, is abiding hearings shall be conducted by the Planning Commission unless they are expressly delegated - For any review delegated to the Director, the Director may extend the Permit if the

13 B0785\0009\ the event that three or more such violations occur and the Applicant fails to cure, if The requirements of this paragraph are in addition to any other remedy that the City may have in law or equity and shall not be the sole remedy of the City in the event of a hearing before the City within ten (10) days of the notice; and (c) suspend the CUP until such Applicant shall be reimbursed all interest accruing on monies deposited. applicable, such violations within a reasonable time, the City may: (a) retain the deposit to time that an additional deposit of $10,000 is deposited with the City to cover the costs ensure compliance with the conditions of this resolution. The deposit shall be maintained cover the costs of enforcement; (b) notify the Applicant that the Applicant may request a evidence supports forfeiture, Any subsequent violation will trigger forfeiture of the additional deposit, the immediate commencement of suspension proceedings, and the amounts deposited with the City shall be deposited in an interest bearing account. The 32. The Applicant shall deposit with the City ten thousand dollar ($10,000) cash deposit to Compliance California Environmental Quality Act. [Resolution No, 1285.] throughout the life of the CUP unless the Planning Commission determines otherwise. In associated with subsequent violations. If the Applicant timely requests a hearing, said deposit will not be forfeited until after such time that the Applicant has been provided an opportunity to appear and offer evidence to the City, and the City determines that substantial requirement to deposit an additional $10,000, pursuant to the procedure set forth above. All or create significant environmental impacts on the community within the meaning of the -

14 - B0785\0009\ the City a cashier s check, payable to the County Clerk, in the amount of $25.00 for a resolution. The covenant shall include a copy of this resolution as an exhibit. to the Department such fee and any fine which the Department determines to be owed. in form and content to the City Attorney, accepting the conditions of approval set forth in this shall not become effective until the owner of the Project site records a covenant, satisfactory documentary handling fee in connection with Fish and Game Code requirements. If the Department of Fish and Game determines that this Project is not exempt from a filing fee imposed pursuant to Fish and Game Code Section 711.4, then the Applicant shall also pay for the duration of the life of this approval. This resolution approving the C.U.P. and D.P.R. 34. Within three (3) working days after approval of this resolution, the Applicant shall remit to 35. These conditions of approval shall run with the land and shall remain in full force and effect Standard Conditions and28. of the following conditions shall constitute grounds for reviewing the C.U.P. and D.P.R. and be conducted in accordance with the provisions of Article 38 of Chapter 3 of Title 10 of the before the Planning Commission to review this C.U.P and D.P.R. Such proceedings shall Beverly Hills Municipal Code. For the purposes of this Condition No. 33, violations of any may serve as grounds to revoke the same: Conditions No. 4, 5, 8, 9, 16, 19, 20, 22, 23, 25 hereinafter, the Director of Community Development shall immediately schedule a hearing 33. If in any 90-day period the Applicant has two (2) violations of any of the conditions set forth violation of the conditions of this resolution or the Beverly Hills Municipal Code. [Resolution No ]

15 the City of Beverly Hills approval, and adoption of this resolution, and shall cause this resolution and her certification to be Adopted: August 12, 2004 Chairman of the Planning Commission of to deliver the executed covenant within the required 60 days, this resolution approving the J RR S. FELSENTHAL Development within 60 days of the Planning Commission decision. At the time that the Applicant delivers the covenant to the City, the Applicant shall also provide the City with Resolutions, as originally approved, shall remain in full force and effect. entered in the Book of ResOlutions of the Planning Commission of the City. The Applicant shall deliver the executed covenant to the Department of Community B0785\0009\ Section 8. The Secretary ofthe Planning Commission shall certify to the passage, Section 7. If this Resolution is invalidated for any reason, all provisions of the would affect the C.U.P. and D.P.R.. determines that there have been no substantial changes to any federal, state or local law that grant a waiver from the 60-day time limit if, at the time of the request, the Director foregoing, the Director of Community Development may, upon a request by the Applicant, C.U.P. and D.P.R. shall be null and void and of no further effect. Notwithstanding the all fees necessary to record the document with the County Recorder. If the Applicant fails -

16 Mahdi luzri Director of Transportation & Engineering ATTEST: Secretary APPROVED AS TO FORM: APPRO_ED AS TO CONTENT: DAVID GUSTAYO 30785\0009\ Assistant City Attorney Director f Community Development -

17 RESOLUTION OF THE PLANNING COMMISSION OF THE USE PERMIT TO ALLOW A HOTEL DINiNG FACILITY TO CITY OF BEVERLY HILLS EXTENDING A CONDITIONAL B0785\0009\ l 6122/05 after which time renewal will be at the discretion of the Director of Community Development; (1) Renew the CUP and DPR approvals for one year (until March 24, 2006), (collectively, the Proj ect ): This resolution amends the above-referenced resolutions to do the following minimize impacts of the Project on neighboring residential properties. August 12, The Planning Commission s decisions were subject to various conditions to No on June 13, 2002, Resolution No on March 24, 2003 and Resolution No on subsequently granted ainual renewals for the CUP and DPR through the adoption of Resolution at property located at 9400 Olympic Boulevard (Avalon Hotel). The Planning Commission ( DPR ) to allow a public restaurant within a nonconforming hotel and to allow open air dining No issuing a Conditional Use Permit (the CUP ) and Development Plan Review Permit Section 1. On January 24, 2001 the Planning Commission adopted Resolution HEREBY FIND, RESOLVE, AND DETERMINE AS FOLLOWS: THE PLANNING COMMISSION Of TIlE CITY OF BEVERLY HILLS DOES REVIEW FOR OPEN AIR D]NING, AND APPROVING AN EXTENDED HOURS PERMIT TO EXPAND HOURS OF OPERATION ON SATURDAY ANI) SUNDAY MORNINGS AT BE OPEN TO THE PUBLIC AND A DEVELOPMENT PLAN 9400 OLYMPIC BOULEVARD (AVALON HOTEL) RESOLUTION NO. 1382

18 area, the open air dining area, and the pool-side lounge area, to receive patrons, including hotel Condition No. 16(a) of Resolution No to allow the restaurant, including the bar and dining O785\OOO9\82476O /22/05 the adopted negative declaration. Furthermore, there are no changed circumstances or new substantially increase the severity of the effects that previously were identified and analyzed in open to the general public and will not introduce new significant environmental effects or declaration because the requested approval will merely permit the existing restaurant to remain of a subsequent negative declaration or a supplement to the previously adopted negative been no substantial changes to the Project or the environment that would require the preparation record before the Planning Commission, the Planning Commission hereby finds that there have study, the previously adopted negative declaration, the comments received thereon, and the Title 14, Sections 15000, et seq.), and the City s Local CEQA Guidelines. Based on the initial Sections 21000, et seq.( CEQA ), the State CEQA GuIdelines (California Code of Regulations, pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Section 2. The Project has previously been environmentally reviewed guests after 11:00 p.m., Monday through Saturday. area, the open air dining area, and the pool-side lounge area to admit patrons including hotel Condition No. 16(b) of Resolution No to allow the restaurant including the bar and dining (3) Deny the Applicant s request for an Extended Hours Permit to amend Saturdays and Sundays); and guests, before 7:00 a.m., Monday through Sunday (previously, the restaurant opened at 9 a.m. on (2) Approve the Applicant s request for an Extended Hours Permit to amend

19 require the preparation of a subsequent negative declaration or major revisions to the previously adopted negative declaration pursuant to CEQA Guidelines Section Therefore, the 30785\0009\ t -3-6/22/05 hotel and the DPR to allow open air dining at the Project. In accordance with the provisions of applications for the CUP to continue the operation of a public restaurant within a nonconforming owner and operator of the Avalon Hotel, Inc. (hereafter the Applicant ), timely filed renewal Kate Bartolo, of the KOR Group, on behalf of Honeymoon Real Estate, L.P., prior to the expiration of these approvals. application for renewal of the CUP and DPR shall be reviewed by the Planning Commission the DPR approval shall expire on March 24, Condition No. 31 further provides that any Section 4. Condition No. 31 of Resolution No states that the CUP and oral and written, was presented. public hearing to consider the CUP and DPR renewal applications, at which time evidence, both Section 3. On May 25, 2005, the Planning Commission held a duly noticed custody of the Director of Community Development. this decision is based are located in the Department of Community Development and are in the environmental impact. The documents and other material which constitute the record on which substantial evidence that the approval of the Proj ed, as modified, may have any significant original negative declaration represents the independent judgment of the City and there is no information, which was not known at the time the negative declaration was adopted that would

20 the Resolutions approving the Project, applications for renewal of the CUP and DPR must be reviewed annually. Section 5. Based on the foregoing, the Planning Commission hereby finds and determines that, as conditioned under Resolution Nos. 1156, 1232, 1285 and 1340 (as compiled in Resolution No. 1340), the operation of the restaurant and outdoor dining area at the Project site has not had an adverse impact on the surrounding neighborhood. During previous hearings, the Planning Commission received testimonies from neighboring properties regarding noise impacts. Therefore, the Commission imposed several conditions, including restricting the last seating of the restaurant/bar for restaurant patrons, including hotel guests, to 11:00 p.m., Monday through Saturday. In an effort to reduce noise from patrons of the restaurant entering or exiting the restaurant, the hotel has partially paid for an apartment building across the Avalon Hotel to double-pane the front windows facing Olympic Boulevard. Because there are concerns about noise in the evening hours, the Applicant s request to extend the restaurant s hours of operation in the evening past 11:00 p.m. has been denied. Although the Applicant s request is for the hotel guests only, it would be difficult to distinguish between restaurant patrons and hotel guests and the enforcement of such operation. However, Applicant s request to allow the restaurant to open at 7 a.m. on Saturdays and Sundays has been approved. The Planning Commission finds that there have been no violations of the conditions of the CUP or DPR. Planning staff solicited input from the divisionldepartments of Building and Safety, Transportation/Engineering, Police and fire to verify whether any complaints/warnings or violations have been issued against or in conjunction with the ongoing 30785\0009\ i -4-6/22/05

21 operations of the hotel. The Department of Transportation indicated that in the past year no violations or any outstanding concerns regarding the hotel s valet service operation were observed. The Code Enforcement Division conducted three separate inspections during the months of April and May 2005 to ensure that the Avalon Hotel is observing all of the imposed conditions of approval. Code Enforcement Inspection reported no violations; and the Fire Department conducts periodic inspections and reported no violations. The Planning Commission farther fmds that it can continue to make each of the findings set forth in Resolution Nos. 1156, 1232, 1285 and 1340 in an affirmative manner and hereby adopts those findings and renews the CUP and DPR through and including June 22, 2006, subject to all conditions set forth in Section 9 below. Section 6. Pursuant to Beverly Hills Municipal Code Section (c), the Planning Commission may 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. Section 7. h-i considering the application for the Extended Hours Permit, the Planning Commission considered whether the extended morning hours operation will 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 Project site; 80785\0009\ /22/05

22 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 extended hours operation to intrude substantially into a residential area; 8. The effects on traffic volumes and congestion on local residential streets; and 9. The cumulative impacts relating to the existing concentration of extended hours operations in the vicinity of the proposed extended hours operation. Section 8. Based upon the entire record in this matter, including the staff reports, the Planning Commission finds as follows: 8.1 Extending the morning hours of operation to allow the restaurant, including the bar and dining area, the open air dining area, and the pool-side lounge area, to receive patrons, including hotel guests, at 7:00 a.m., on Saturday and Sunday (the restaurant already receives patrons at 7:00 a.m., Monday through Friday, but was restricted to opening at 9 a.m. on Saturday and Sunday) will not result in disruption of the peace and quiet of the adjacent neighborhood. Concerns by neighboring properties regarding noise impacts have focused on persons entering or exiting the restaurant during the evening hours. The Commission has B0785\0009\ /22/05

23 imposed conditions to reduce potential noise impacts of the Project, including the provision of free valet parking at the hotel, and by condition of this resolution, the Applicant will include information regarding the availability of free parking in advertisements, special promotions and/or related marketing materials. In addition, patrons and employees are prohibited from parking on residential streets during the extended morning hours. Therefore, the restaurant s extended morning hours of operation will not impact parking, traffic or noise in nearby residential areas. 8.2 The extended morning hours are not expected to generate substantial additional waste and it is anticipated that the trash area and collection will be sufficient to prevent an accumulation of trash. By condition of this resolution, the Applicant is required to maintain the trash collection area in a satisfactory manner at all times. Given these conditions regulating waste management and the limited nature of the proposed extended hours, there is no significant danger of waste accumulation, odors or noxious fames created by the extended morning hours operation. 8.3 The extended morning hours operation will not create any significant light or glare impacts for the neighboring residential areas. No new lighting for the establishment will be introduced as a result of the extended morning hours operation. The restaurant is located at the interior of the hotel. In order to reduce any noise impacts due to employees or visitors entering or exiting the hotel, the Applicant has partially paid to double-pane the windows of the apartment building facing the Hotel. Therefore, it is not anticipated that noise due to employees or visitors entering or exiting the extended morning hours operation will significantly affect the neighboring residential areas during the period of extended morning hours. Because intrusion into the B0785\0009\ /22/05

24 neighboring properties will be minimized given the restaurant s location and the conditions imposed upon the operation, the extended morning hours operation should not significantly effect crime, or peril to personal safety and/or security in the area. The extended morning hours operation of a restaurant in this location will not provide any additional cumulative impact on residential properties. Section 9. Based on the foregoing, the Planning Commission hereby renews the CUP and DPR through and including June 22, 2006, and approves the Extended Hours Permit to expand the hours of operation on Saturday and Sunday subject to all conditions set forth in Resolution No except as modified below: 1. Condition No. 8 is hereby amended to read as follows: 8. The hotel management shall require hotel and restaurant staff to advise all patrons of the restaurant of the hotel s restaurant reservation policy and of the availability of free valet parking for restaurant patrons. The Hotel web site 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. hi addition, the availability of free valet parking should be included in any advertisements, special promotions and/or related marketing materials. 2. The Application shall maintain the trash collection area in a satisfactory manner at all times. 3. Condition No. 31 of Resolution No is hereby amended to read as follows: 30785\0009\ /22/05

25 31. This CUP and DPR shall expire on June 22, 2006, and all rights granted by this CUP and DPR shall terminate at that time. Unless the CUP and DPR are renewed, or a new CUP and DPR granted, the Applicant shall immediately cease operation of the public restaurant and the outdoor dining area. The Applicant shall have no right to renewal of the CUP or DPR Any application for a new CUP and DPR must be ified at least sixty (60) days prior to the expiration of these approvals. All applications for renewal shall be in accordance with the provisions of Section (e). The renewal hearing shall be conducted by the Director of Community Development (the Director ). Any decision of the Director may be appealed to the Planning Commission for a de novo review. In addition, the Director may, in his or her sole discretion, refer the renewal application to the Planning Commission for review. Notwithstanding the foregoing, in the event the City receives complaints from adjacent residents regarding the operation of the Project or any violations of the conditions of approval set forth in this resolution and Resolution No or any provision of the Municipal Code are reported during the review period, the annual review shall be automatically referred to the Planning Commission. If the Director or Planning Commission does not extend the CUP and DPR, the CUP and DPR shall expire and all rights possessed under the Permits shall be terminated. Provided, however, if the Applicant files an B0785\0009\ /22/05

26 application for an extension, any existing CUP and DPR shall be extended until the City takes final action on the application. Any application for an extension of this CUP and DPR shall be subject to the application fees established by Resolution of the City Council. Upon expiration of the extension and any future extension, the Applicant may apply for further extensions pursuant to the procedures set forth above. The length of any further extensions granted shall be governed by the provisions of the Beverly Hills Municipal Code. 4. Condition No. 16 of Resolution No is hereby amended to read as follows: 16. The hours of operation of the public restaurant and open air dining area, including the pool-side lounge area shall be as follows: (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. Monday through Saturday, inclusive. The restaurant, including the bar and dining area, and the open air dining area, including the pool-side lounge area, shall close at 11:00 p.m. on Sunday nights. B0785\0009\ l -10-6/22/05

27 5. Except as specifically modified by this Resolution, the Project shall comply with each condition set forth in the Resolution No and said conditions are incorporated herein by this reference and expressly made a part of this approval. Section 10. If this Resolution is invalidated for any reason, all rights granted hereunder shall terminate and the Applicant shall immediately cease all operations authorized by this Resolution. Section 11. The Secretary of the Planning Commission shall certify to the passage, approval, and adoption of this resolution, and shall cause this resolution and his certification to be entered in the Book of Resolutions of the Planning Commission of the City. Adopted: Attest: Kathy Rims Chairman of the Planning Commission of the City of Beverly Hills, CalifornIa Secretary Approved as to form: Approved a t: (.PiZ Assistant City Attorney MahdiAl ri Director of ommunity Development 30785\0009\ /22/05

28 BOULEVARD (AVALON HOTEL) ( DPR ) to allow a public restaurant within a nonconforming hotel and to allow open air dining subsequently granted annual renewals for the CUP and DPR through the adoption of Resolution August 12, 2004 and Resolution No on June 22, The Planning Commissio&s decisions were subject to various conditions to minimize impacts of the Project on neighboring Development for a period of three years with expiration on June 22, 2011 if not otherwise (collectively, the Project ): THE PLANNING COMMISSION OF THE CITY OF BEVERLY HILLS DOES This resolution amends the above-referenced resolutions to do the following this resolution. at property located at 9400 Olympic Boulevard (Avalon Hotel). The Planning Commission No issuing a Conditional Use Permit (the CUP ) and Development Plan Review Permit No on June 13, 2002, Resolution No on March 24, 2003, Resolution No on USE PERMIT WHICH ALLOWS A HOTEL DINING FACILITY CITY Of BEVERLY HILLS AMENDING A CONDITIONAL RESOLUTION OF THE PLANNING COMMISSION Of THE TO BE OPEN TO THE PUBLIC AND AMENDING AN EXTENDED HOURS PERMIT TO EXPAND HOURS Of OPERATION ON SUNDAY NIGHTS AT 9400 OLYMPIC HEREBY FIND, RESOLVE, AND DETERMINE AS FOLLOWS: Section 1. On January 24, 2001 the Planning Commission adopted Resolution residential properties. The most recent renewal was issued by the Director of Community extended. However, this resolution requires a review within six months of the adoption date of RESOLUTION NO. 1582

29 2 Commission. Title 14, Sections et seq.), and the City s Local CEQA Guidelines. Based on the initial declaration because the requested approval wilt merely permit the existing restaurant to remain substantially increase the severity of the effects that previously were identified and analyzed in up to 200 parking spaces (available on an as needed basis in the evening) at the 1125 South (2) Amend the Conditional Use Permit and Extended Hours Permit to allow Sundays); including hotel guests, up until Ii p.m. daily (previously, the restaurant closed at Ii p.m. on Beverly Drive site. for all hotel and non-hotel guests and restaurant patrons was denied by the Planning Section 2. The Project has previously been environmentally reviewed record before the Planning Commission, the Planning Commission hereby finds that there have open to the general public and will not introduce new significant environmental effects or of a subsequent negative declaration or a supplement to the previously adopted negative study, the previously adopted negative declaration, the comments received thereon, and the Sections 21000, et seq.( CEQA ), the State CEQA Guidelines (California Code of Regulations, been no substantial changes to the Project or the environment that would require the preparation pursuant to the provisions of the California Environmental Quality Act (Public Resources Code bar and dining area, the open air dining area, and the pool-side lounge area, to receive patrons, the restaurant to serve alcohol up until 1 a.m. daily; (1) Amend the Extended Hours Permit to allow the restaurant, including the (3) Modify the parking supply and amend the condition requiring a lease for (4) The request to allow the hotel to charge competitive valet parking charges

30 3 Hours Permit which allow the operation of a public restaurant within a nonconforming hotel and require the preparation of a subsequent negative declaration or major revisions to the previously adopted negative declaration pursuant to CEQA Guidelines Section Therefore, the this decision is based are located in the Department of Community Development and are in the public hearing to consider the application to amend the CUP and Extended Hours Permit, at Section 4. Mitchell Dawson of the Dawson Tilem and Gole, on behalf of The KOR Group on behalf of the Honeymoon Real Estate, LP., owner and operator of the Avalon Hotel, Inc. (hereafter the Applicant ), filed an application to amend the CUP and Extended Section 3. On July 8, 2010, the Planning Commission held a duly noticed environmental impact. The documents and other material which constitute the record on which custody of the Director of Community Development. information, which was not known at the time the negative declaration was adopted that would original negative declaration represents the independent judgment of the City and there is no substantial evidence that the approval of the Project, as modified, may have any significant which time evidence, both oral and written, was presented. compiled in this Resolution), the request to allow additional hours on Sunday evening to accept anticipated to have an adverse impact on the surrounding neighborhood. During previous hearings for the project, the Planning Commission imposed conditions intended to prevent any and determines that, as conditioned under Resolution Nos. 1156, 1232, 1285, 1340 and 1382 (as Section 5. Based on the foregoing, the Planning Commission hereby finds patrons up until 11 p.m. and to allow the restaurant to serve alcohol up until I a.m. daily is not the adopted negative declaration. Furthermore, there are no changed circumstances or new the DPR to allow open air dining at the Project.

31 4 3. Light and glare; 2. Noise created by the operation of the restaurant or by employees or 1. The accumulation of garbage, trash, or other waste; a substantial adverse impact on the use and enjoyment of surrounding residential properties. the public within a non-conforming hotel if it finds that operation of the restaurant will not have the Planning Commission may grant a Conditional Use Permit to allow a restaurant to be open to Section 6. Pursuant to Beverly Hills Municipal Code Section (c), past two years no violations or any outstanding concerns regarding the hotel s valet service conditions of the CUP, Extended Hours Permit or DPR. Planning staff solicited input from the divisionldepartments of Building and Safety, TransportationlEngineering, Police and fire to verify whether any complaints/warnings or violations have been issued against or in conjunction operation were observed. Code Enforcement Inspection reported no violations; and the Fire The Planning Commission finds that there have been no violations of the within the R-4 zone. with the ongoing operations of the hotel. The Department of Transportation indicated that in the Department conducts periodic inspections and reported no violations. Conditional Use Permit, the Planning Commission considered whether the operation of the restaurant within a non-conforming hotel will have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to: visitors entering or exiting the restaurant; adverse impacts related to the restaurant open to the public operating in a non-conforming hotel Section 7. In considering the application for the amendment to the

32 5 trash collection area in a satisfactory manner at all times. Given these conditions regulating waste management and the limited nature of the proposed extended hours, there is no significant noise related to the extended hours of operation. reports, the Planning Commission finds as follows: suppiy, and allowing extended hours on Sunday evenings to allow the restaurant, including the bar and dining area, the open air dining area, and the pool-side lounge area, to receive patrons, waste and it is anticipated that the trash area and collection will be sufficient to prevent an valet pick-up be conducted from the alley which is surrounded by commercial uses rather than received related to the operations at the hotel in the past three years. The additional hour to receive patrons on Sunday night and serve alcohol is not anticipated to result in an increase of the last three years. Prior conditions of approval/renewal for the restaurant use require that all the front of the hotel which is adjacent to residential uses. No other complaints have been 8.2 There were two complaints to the police department related to noise within accumulation of trash. By condition of this resolution, the Applicant is required to maintain the 8.1 The revisions to the Conditional Use Permit including modifying the parking Section 8. Based upon the entire record in this matter, including the staff 6. Traffic. created by employees; or including hotel guests, up until 11 p.m. nightly are not expected to generate substantial additional danger of waste accumulation, odors or noxious fumes created by the operation. 5. Parking demand created by the restaurant, including parking demand 4. Odors and noxious fumes;

33 South Beverly Drive (which can provide up to 200 parking spaces after 6 p.m.). According The restaurant is located at the interior of the hotel and all valet pickup and taxi cab pickup and introduced as a result of the extended hours operation or changes to the Conditional Use Permit. surrounding neighborhood. Therefore, extending the hours to receive guests on Sunday night noxious fumes beyond what currently exists at the subject property, and the City has not received neighborhood. Therefore, extending the hours of operation and modification of parking supply managers attesting that they have sufficient parking for their needs without the use of the site at 8.5 The Applicant has submitted declarations from the current and past hotel is not anticipated to create any adverse impacts related odors and noxious fumes. any complaints that would suggest that odors and noxious fumes are impacting the surrounding and serve alcohol and the proposed changes to parking supply are not anticipated to create any the City has not received any complaints that would suggest that light and glare is impacting the hotel building and located in a completely enclosed area and is not exposed to the street or other not result in any added light and glare beyond what currently exists at the subject property, and adverse impacts related to light and glare. operation. Therefore the proposed Extended Hours would not result in any added odors or impacts for the neighboring residential areas. No new lighting for the establishment will be drop off after 10 p.m. is from the alley behind the building. The restaurant is surrounded by the properties. The proposed Extended Hours and amendment to hotel operating conditions would property, there is no significant danger of odor or noxious fumes created by the restaurant 8.3 The operation of the restaurant will not create any significant light or glare 8.4 Due to substantial distance between the restaurant and the nearest residential

34 7 The hotel is on a street identified as an arterial street in the City s general plan. The hotel is located on a Street identified as an arterial street or collector be made in order to allow a restaurant to be operated within a legally nonconforming hotel: In addition, to the findings stated above, the additional findings are necessary to streets. None of the revisions to the project entitlements would appear to result in an elsewhere. In addition, the adjacent residential streets are permit parking zones which restrict increase the existing hotel capacities. further, the Extended Hours Permit would provide for an 8.6 The request to modify the Conditional Use Permit conditions does not Applicant was proposing to charge $9.00; however the Planning Commission could not make the necessary findings to grant the request. provided free which significantly reduces the chance that any employee would choose to park additional hour to accept patrons on Sunday night. Therefore, an operational increase of one of the restaurant as the free valet parking has significant financial impacts on the operation. The The Applicant also requested to charge competitive valet parking rates for patrons been utilized by the hotel. increased parking demand. Per Code Section (B)(6), all employee parking is to be anyone from the hotel from parking in the evening. hour is not anticipated to adversely impact traffic volumes and congestion on local residential street in the City s general plan. to the hotel managers declarations, the site at 1125 South Beverly Drive has reportedly never

35 $ restaurant. parties as part of this request. Section 10. In considering the application for the amendment to the Extended closing by 1 1 p.m. on Sunday evenings. The request is to allow last seating at 11 p.m. daily. operation will not substantially disrupt the peace and quiet of the adjacent neighborhood. The hotel currently has last seating at 1 1 p.m. Monday through Saturday and with the Planning Commission may grant an Extended Hours Permit if it finds that the extended hours 4. No banquets or similar private receptions or parties are held at the The hotel does not have live entertainment. The Applicant is not proposing to allow banquets or similar private receptions or Hotel employees are provided with free parking. do not park in the public right of way. 5. Parking is provided free of charge to employees to ensure that employees 2. No patrons of the restaurant are seated after eleven o clock (11:00) P.M. 3. No live entertainment is performed. No change is proposed as to the total dining and bar area of the restaurant. before November 1, Section 9. Pursuant to Beverly Hills Municipal Code Section (c), rooms in the hotel does not exceed the floor area of any dining and bar area that existed on or Hours Permit, the Planning Commission considered whether the Extended Hours will 1. The total dining and bar floor area of all restaurants and private dining

36 9 entering or exiting the extended hours operation; disrupt the peace, and quiet of the adjacent neighborhood as a result of any of the following: 2. Noise created by the extended hours operation or by employees or visitors Project site; reports, the Planning Commission finds that the extended hours operation will not substantially 9. The cumulative impacts relating to the existing concentration of extended and 7. Use of residential streets for parking which is likely to cause activity 4. Odors and noxious fumes; 3. Light and glare; 5. Pedestrian queuing; 6. Crime or peril to personal safety and security; 8. The effects on traffic volumes and congestion on local residential streets; 1. The accumulation of garbage, litter or other waste, both on and off of the following: hours operations in the vicinity of the proposed extended hours operation. Section 11. Based upon the entire record in this matter, including the staff substantially disrupt the peace and quiet of the adjacent neighborhood as a result of any of the associated with the extended hours operation to intrude substantially into a residential area;

37 l0 Sunday evening is not anticipated to result in an increase of noise related to the extended hours guests on Sunday evening is not anticipated to create any adverse impacts related to light and received any complaints that would suggest that odors and noxious fumes are impacting the 11.2 In reviewing complaints related to the Avaton Hotel, there were a total of An increase in operating hours on Sunday night can be accommodated by existing resources and staff, and the proposal is not anticipated to result in the accumulation of garbage, titter, or other waste. two complaints related to noise in the past three years. The additional hour to receive patrons on glare is impacting the surrounding neighborhood. Therefore, extending the hours to receive odors or noxious fumes beyond what currently exists at the subject property, and the City has not 11.4 Due to substantial distance between the restaurant and the nearest glare. completely enclosed area and is not exposed to the street or other properties. The proposed subject property, and the City has not received any complaints that would suggest that light and 11.3 The restaurant is surrounded by the hotel building and located in a of operation. prevent an accumulation of trash. The Crown Disposal currently provides garbage pick-up. The Extended Hours would not result in any added light and glare beyond what currently exists at the residential property, there is no significant danger of odor or noxious fumes created by the restaurant operation. Therefore the proposed Extended Hours would not result in any added existing trash area located off the alley behind the main building and collection is sufficient to applicant is required to maintain the trash collection area in a satisfactory manner at all times The restaurant operation does not generate substantial waste and the

38 11 arrives. Therefore, no adverse impacts related to pedestrian queuing are anticipated to occur as until 11 p.m. on Sunday evening consistent with the hours currently in place Monday through Saturday. The patrons of the hotel typically utilize the hotel s valet parking operation, as parking the proposed project is not anticipated to result in adverse parking impacts and intrusion into or capacities. Further, the Extended Hours Permit would allow the restaurant to receive patrons Street parking and 10 p.m. for parking meters. Because patrons are typically contained within the 11.7 Parking on residential streets in the vicinity of the subject property is 11.8 The request for Extended Hours does not modify existing hotel operations from parking in these areas. further, sufficient parking is available to accommodate all uses 11.6 The requested Extended Hours Permit is to allow the hotel to seat guests up a result of the request. on the nearby residential streets is regulated by permits and prohibited after 8 p.m. for residential are instructed to wait in the designated waiting area in the hotel near the exit door until their car after 10 p.m., all valet return and taxi pickup and drop-off is limited to the alley. Hotel patrons to have an adverse impact related to pedestrian queuing. As conditioned in previous resolutions, 11.5 The requested modification to the Extended Hours Permit is not anticipated create any adverse impacts related odors and noxious fumes. subject property and the request is for a one hour increase, the proposal is not anticipated to result in added crime or peril to personal safety and security. regulated by permits and prohibited at night for vehicles without permits, which prevents patrons residential areas. surrounding neighborhood. Therefore, extending the hours of operation is not anticipated to within the subject property without causing overflow onto adjacent residential streets. Therefore,

39 12 the proposal is not anticipated to adversely impact traffic volumes and congestion on local residential streets. Therefore, this resolution rescinds and otherwise replaces previous approvals. All applicable meeting of June 17, Section 12. Based on the foregoing, the Planning Commission hereby amends 10:00 PM. Therefore, the proposed project would not result in a concentration of extended hours residential buildings and office buildings and retail stores that generally do not operate beyond operations within the vicinity of the subject property. existing R-4 zone that abuts a commercial zone. The adjacent area is primarily comprised of substantially comply with the plans submitted by the applicant for the Planning Commission 2. Except as otherwise modified by this Resolution, the Project shall City s zoning and building codes. 1. Except as authorized by this resolution, the Project shall comply with all subject to all conditions existing conditions of approval except as modified by this resolution. conditions of approval have been consolidated into this ResoJution as follows: applicable provisions of the Beverly 1-lills Municipal Code, including but not limited to the 11.9 The location of the subject property is on Olympic Boulevard within an PM and early AM) typically has lower traffic volumes (as compared to peak hours). Therefore, the CUP and approves the Extended Hours Permit to expand the hours of operation on Sunday up until 1 1 p.m. Sunday evening, rather than close at 11 p.m. on Sundays. The time period (late

40 13 writing and shall require the lessor to provide at least 30-days advance written notice to the City before such lease may be amended or terminated. The C.U.P. and all rights granted hereunder patrons of the restaurant of the hotel s restaurant reservation policy and of the availability of free requested by the Director of Community Development. All leases for off-site parking shall be in needs for the hotel and restaurant, such evidence may include a parking demand study, if at all times. [Resolution No as modified by Resolution No ] 4. free parking shall be provided to hotel employees and restaurant patrons guests and all restaurant patrons. [Resolution No ] Community Development attesting to the availability of sufficient parking to meet the parking 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 [Resolution No as modified by Resolution No ] conditions of approval of this C.U.P. and D.P.R. [Resolution No ] 6. All conditions of the valet parking permit shall be incorporated as satisfaction of the Director of Community Development prior to the termination of the off-site the parking demand for the Project unless comparable alternative parking is provided to the shalt terminate if the applicant does not maintain parking leases for sufficient parking to satisfy both the bar and dining area, and the open air dining area, including the pool side lounge area. 3. Valet parking shall be provided free of charge to hotel guests, non-hotel 5. The applicant shall submit evidence satisfactory to the Director of 7. The hotel management shall require hotel and restaurant staff to advise all Parkini Conditions

41 10. After 10:00 p.m. daily, the valet return shall be located in the alley shall, 14 should be included in any advertisements, special promotions and/or related marketing materials. [Resolution No as modified by Resolution No ] Parking Commission, including but not limited to the following: (1) availability of the new location in the alley behind the Project site. The parking management plan shall include lease limited to the alley, subject to approval by the Director of Transportation or his designee. [Resolution No. I 285.] 11. After 10:00 p.m. daily, all taxi pick-up and drop-off activity shall be 9. The Applicant shall submit a parking management plan to the Directors of of the hotel on Olympic Boulevard, in the parkway south of the main entrance driveway on free valet parking for patrons of the restaurant. The signs shall be installed at the main driveway in form and quantity to the Director of Community Development, advertising the availability of 1340.] 8. The Applicant shall install and maintain at all times signage, satisfactory the dining page for patrons of the restaurant. In addition, the availability of free valet parking reservation policy and the availability of free valet parking on both the web site homepage and Canon Drive, and at such other locations as the Director shall reasonably deem necessary. Community Development and Transportation for review and approval. The parking management pian shall incorporate all conditions of approval recommended by the Traffic and parking facility at 1150 S. Beverly Drive, (2) number of valet operators, and (3) the valet return agreements for the parking locations. [Resolution No as modified by Resolution No. subject to approval by the Department of Transportation or his designee. [Resolution No J valet parking for restaurant patrons. The Hotel web site shall also clearly advertise the restaurant

42 The hours of operation of the public restaurant and open air dining area, Operational Restrictions Public Restaurant/Open Air Dininr Area to ensure that trucks do not impede the flow of pedestrians or vehicular traffic in the alley. alley where the valet return is designated as required by Resolution No The Applicant shall maintain at all times the additional lighting in the 14. The Applicant shall prepare and implement a comprehensive loading parking garage. [Resolution No 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 claim the vehicle upon return, the valet attendant shall be required to return the vehicle to the 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 times when it is in use and prohibit valet vehicle staging in the alley. The hotel shall instruct patrons to wait in the placed on the valet permit require no more than two vehicles to queue in the alley at one time, designated waiting area in the hotel near the exit door until their car arrives. If a patron does not [Resolution No ] including the pool-side lounge area shall be as follows: 12. To prevent vehicles from blocking the alley, the conditions of approval

43 18. No catered events shall be permitted in the restaurant, including the bar 16 (b) Evening hours: The restaurant, including the bar and dining area, and the hotel guests, before 7:00 a.m. daily. 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 pool side lounge area. [Resolution No ] manner at all times. restaurant, including the bar and dining area, the open air dining area, and the pool-side lounge foregoing, nothing in this condition shall be construed to bar the hotel operator from requesting lounge area. [Resolution No ] 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 I 43 persons (excluding staff). Notwithstanding the 19. The aggregate total of persons in the restaurant, including the bar and restaurant, including the bar and dining area, and the open air dining area, including the pool-side area, to be rented out for an event shall be permitted. [Resolution No ] 16. The Application shall maintain the trash collection area in a satisfactory 17. No banquets or similar private receptions which would allow the entire open air dining area, including the pool-side lounge area, shall not receive patrons, including open air dining area, including the pool-side lounge area, shall not admit patrons, including hotel guests, after 11:00 p.m. daily. [Resolution No and Resolution No an amendment to the Zoning Code at a later date to permit a greater number of persons to use the (a) Momin hours: The restaurant, including the bar and dining area, and the

44 17 area. [Resolution No J All alcoholic beverage service shall cease at 1:00 a.m. daily. audible beyond the property line of the premises. [Resolution No ] Resolution. [Resolution No including the bar and dining area, and the open air dining area, including the pool-side lounge month up to an aggregate maximum of ten (10) such events per year subject to City s approval. [Resolution No J restrictions imposed on the sale, service or consumption of alcoholic beverages at the restaurant, General Operational Conditions and any meeting rooms displaying the aggregate maximum occupancy limits imposed by this Office of Community Services Film Permit Guidelines) at the hotel shall be limited to one per Community Development in the restaurant, the outdoor seating area, the pool-side lounge area Department of Alcoholic Beverage Control on the Project s ABC license, including any of operation, provided the volume levels conform to the noise level standard and would not be 21. Pre-recorded music may be played inside the restaurant during the hours 22. The hotel management shall post signs satisfactory to the Director of pooi side lounge area at any time. [Resolution No as modified by Resolution No ] who display signs of intoxication. [Resolution No J 20. No live entertainment shall be allowed in the outdoor dining area and the 23. Large-scale film, video and other commercial shoots (as defined in the 24. The Applicant shall implement a program to deal with restaurant patrons 25. The Applicant shall comply with any conditions imposed by the California

45 1$ condition of such contracts. [Resolution No ] 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 contact persons shall be transmitted to the Director of Community Development. In addition, the area or any other area on or to the rear of the main hotel building on the property. [Resolution Enforcement, and/or Code Enforcement Officers at any time. 29. No equipment, furnishings or any other items, including, but not limited to 30. The establishment shall provide access to the Fire Department, Law No ] Applicant shall post the name and telephone number of the contact person on call on the site in a 2$. The hotel management shall designate specific hotel employees to 1285.] for a special events permit shall be submitted on the form provided by the City. [Resolution No. the pool-side lounge area attended by an aggregate total in excess of 143 persons. Applications week to respond to any disturbances. The names and telephone numbers of the designated heaters or propane cylinders and other outdoor dining equipment, shall be stored in the loading event in the restaurant, including the bar and dining area, and the open air dining area, including coordinate community relations and to act as the liaisons with nearby residents to respond to any location readily visible to the general public and approved by the Director of Community Development. [Resolution No ] 27. The Applicant shall obtain a special events permit from the City for any hotel shall include the conditions of approval set forth in the resolutions approving this CUP as a 26. All hotel contracts with persons or organizations who host events at the

46 19 operations. 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. expense; and traffic issues merit review by the Planning Commission, the Director shall schedule a hearing in public hearing regarding the parking and traffic issues and may impose additional conditions as Project, and the applicant shall forthwith comply with any additional conditions at its sole (a) Annually submit an affidavit to the Director of Community Development be required to: representations for the neighbors to contact in the event of noise disturbances from the hotel 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. After reviewing the parking demand analysis, if, in the opinion of the Director, the parking and Title 10 of the Beverly Hills Municipal Code. The Planning Commission shall conduct a noticed necessary to mitigate any unanticipated traffic and parking impacts caused by the proposed front of the Plaiming Commission in accordance with the provisions of Article 38 of Chapter 3 or to the project mailing radius, a letter with the 24 hour contact names and phones of the hotel The City expressly reserves jurisdiction relative to traffic and parking issues. In the event the 31. Within 90 days of the adoption of this Resolution, the Applicant shall mail 32. Commencing on the effective date of this Resolution, the Applicant shall Procedural Requirements.

47 area. In addition, a parking demand study will be required to verify that the parking is sufficient Any application for an extension of this CUP, DPR and Extended Hours Permit shall be subject to the application fees established by Resolution of the City Council. Permit ) shall expire on January 8,, 2011, and all rights granted by this CUP, DPR and approvals. Permit and Extended Hours Permit are not resulting in adverse impacts to the adjacent residential Permit shall be extended until the City takes final action on the application. extend the CUP, DPR and Extended Hours Permit, the CUP, DPR and Extended Hours Permit All applications for renewal shall be in accordance with the provisions of Section to meet the demands of the hotel and restaurant operation. If the Planning Commission does not Planning Commission (the Commission ) to verify that the amendments to the Conditional Use (e) and subject to applicable fees. The renewal hearing shall be conducted by the are renewed, or a new CUP, DPR and Extended Hours Permit is granted, the Applicant shall Extended Hours Permit shall terminate at that time. Unless the CUP, DPR and Extended Hours immediately cease operation of the public restaurant and the outdoor dining area. Any application fbr a renewal must be filed at least sixty (60) days prior to the expiration of these 33. This C.U.P., D.P.R. and Extended Hours Permit (collectively the may be included as part of the renewal request. [Resolution No and Resolution No ] shall expire and all rights possessed under the Permits shall be terminated. Provided, however, if (60) days prior to the expiration of this approval. A request to expand the hours of operation the Applicant files an application for an extension, any existing CUP, DPR and Extended Hours (b) F lie any application for renewal of the C.U.P. and D.P.R. at least sixty 20

48 21 Any subsequent violation will trigger forfeiture of the additional deposit, the immediate on monies deposited. City may have in law or equity and shall not be the sole remedy of the City in the event of a otherwise. in the event that three or more such violations occur and the Applicant fails to cure, if applicable, such violations within a reasonable time, the City may: (a) retain the deposit to cover before the City within ten (10) days of the notice; and (c) suspend the CUP until such time that offer evidence to the City, and the City determines that substantial evidence supports forfeiture. deposited in an interest bearing account. The Applicant shall be reimbursed all interest accruing an additional deposit of $10,000 is deposited with the City to cover the costs associated with 34. The Applicant deposited with the City a ten thousand dollar ($10,000) Compliance extensions granted shall be governed by the provisions of the Beverly Hills Municipal Code. maintained throughout the life of the CUP unless the Planning Commission determines subsequent violations. If the Applicant timely requests a hearing, said deposit will not be commencement of suspension proceedings, and the requirement to deposit an additional $10,000, pursuant to the procedure set forth above. All amounts deposited with the City shall be apply for further extensions pursuant to the procedures set forth above. The length of any further cash deposit to ensure compliance with the conditions of the resolutions. The deposit shall be the costs of enforcement; (5) notify the Applicant that the Applicant may request a hearing forfeited until after such time that the Applicant has been provided an opportunity to appear and Upon expiration of the extension and any future extension, the Applicant may The requirements of this paragraph are in addition to any other remedy that the

49 36. These conditions of approval shall run with the land and shall remain in 22 conditions set forth hereinafter, the Director of Community Development shall immediately schedule a hearing before the Planning Commission to review this C.U.P, D.P.R. and Extended Condition, violations of any of the following conditions shall constitute grounds for reviewing amendment to the C.U.P. and Extended Hours Permit shall not become effective until the owner Community Development within 60 days of the Planning Commission decision. At the time amendment to the C.U.P. and Extended Hours Permit shall be null and void and of no further to deliver the executed covenant within the required 60 days, this resolution approving the The Applicant shall deliver the executed covenant to the Department of copy of this resolution as an exhibit. of the Project site records a covenant, satisfactory in form and content to the City Attorney, full force and effect for the duration of the life of this approval. This resolution approving the Standard Conditions , 22, 23, 25 and 28. the C.U.P. and D.P.R. and may serve as grounds to revoke the same: Conditions No , 8, 38 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code. for the purposes of this Hours Permit Such proceedings shall be conducted in accordance with the provisions of Article with all fees necessary to record the document with the County Recorder. If the Applicant fails that the Applicant delivers the covenant to the City, the Applicant shall also provide the City 35. If in any 90-day period the Applicant has two (2) violations of any of the No ] violation of the conditions of this resolution or the Beverly Hills Municipal Code. [Resolution accepting the conditions of approval set forth in this resolution. The covenant shall include a

50 23 hereunder shall terminate and the Applicant shall immediately cease all operations authorized by certification to be entered in the Book of Resolutions of the Planning Commission of the City. Assistant City Attorney C ty lanner this Resolution. the Director determines that there have been no substantial changes to any federal, state or local law that would affect the C.U.P. and Extended Hours Permit. request by the Applicant, grant a waiver from the 60-day time limit if, at the time of the request, passage, approval, and adoption of this resolution, and shall cause this resolution and his Chair of the Planning Commission of vid M. Snow J a n Lait, AICP Approved as to form: Approved as to content: ftesy the City of Beverly Hills, California Liii Bosse effect. Notwithstanding the foregoing, the Director of Community Development may, upon a Section 13. If this Resolution is invalidated for any reason, all rights granted Section 14. The Secretary of the Planning Commission shall certify to the Adopted: July 8, 2010 xy2

51 RESOLUTION NO RESOLUTION Of THE PLANNiNG COMMISSION OF THE CITY Of BEVERLY HILLS AMENDING A CONDITIONAL USE PERMIT AND GRANTING A THREE-YEAR EXTENSION OF ENTITLEMENTS AT 9400 OLYMPIC BOULEVARD (AVALON HOTEL) THE PLANNING COMMISSION OF THE CITY Of BEVERLY HILLS DOES HEREBY FIND, RESOLVE, AND DETERMINE AS FOLLOWS: Section 1. On January 24, 2001 the Planning Commission adopted Resolution No issuing a Conditional Use Permit (the CUP ) and Development Plan Review Permit ( DPR ) to allow a public restaurant within a nonconforming hotel and to allow open air dining at property located at 9400 Olympic Boulevard (Avalon Hotel). The Planning Commission subsequently granted annual renewals for the CUP and DPR through the adoption of Resolution No on June 13, 2002, Resolution No on March 24, 2003, Resolution No on August 12, 2004 and Resolution No on June 22, The Planning Commission s decisions were subject to various conditions to minimize impacts of the Project on neighboring residential properties. The most recent renewal was issued by the Planning Commission on July 8, 2010, when it adopted Resolution No and also amended the hours of operation and offsite parking locations. That resolution consolidated the conditions of approval of all previous resolutions and required a 6-month review of the project before the Planning Commission. (collectively, the Project ): This resolution amends the above-referenced resolution to do the following

52 resolution; and (1) Requires a renewal of entitlements within 3 years of the adoption of the (2) Amends the Conditions of Approval of Resolution No to clarify that the hotel may charge registered guests for overnight parking. (3) The request to remove the free valet parking condition is the subject of a separate action by the Planning Commission. Section 2. The Project has previously 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. Based on the initial study, the previously adopted negative declaration, the comments received thereon, and the record before the Planning Commission, the Planning Commission hereby finds that there have been no substantial changes to the Project or the environment that would require the preparation of a subsequent negative declaration or a supplement to the previously adopted negative declaration because the requested approval will merely permit the existing restaurant to remain open to the general public and will not introduce new significant environmental effects or substantially increase the severity of the effects that previously were identified and analyzed in the adopted negative declaration. furthermore, there are no changed circumstances or new information, which was not known at the time the negative declaration was adopted that would require the preparation of a subsequent negative declaration or major revisions to the previously adopted negative declaration pursuant to CEQA Guidelines Section Therefore, the original negative declaration represents the independent judgment of the City and there is no substantial evidence that the approval of the Project, as modified, may have any significant 2

53 environmental impact. The documents and other material which constitute the record on which this decision is based are located in the Department of Community Development and are in the custody of the Director of Community Development. Section 3. On June 23, 2011, the Planning Commission held a duly noticed public hearing to consider the application to extend and amend the CUP, at which time evidence, both oral and written, was presented. Section 4. Mitchell Dawson of the Dawson Tilem and Gole, on behalf of The KOR Group on behalf of the Honeymoon Real Estate, L.P., owner and operator of the Avalon Hotel, Inc. (hereafter the Applicant ), filed an application to extend and amend the CUP. Section 5. Based on the foregoing, the Planning Commission hereby finds and determines that, as conditioned under Resolution Nos. 1156, 1232, 1285, 1340, 1382 and 1582 (as compiled in Resolution 1582), the request to extend the entitlements is not anticipated to have an adverse impact on the surrounding neighborhood. During previous hearings for the project, the Planning Commission imposed conditions intended to prevent any adverse impacts related to the restaurant open to the public operating in a non-conforming hotel within the R-4 zone. The Planning Commission finds that there have been no major violations of the conditions of the CUP, Extended Hours Permit or DPR. Planning staff solicited input from the division/departments of Building and Safety, Transportation/Engineering, Police and Fire to verify whether any complaints/warnings or violations have been issued against or in conjunction with the ongoing operations of the hotel. 3

54 Section 6. Pursuant to Condition No. 33 of Resolution No. 1582, the applicant is required to renew existing entitlements governing the hotel operations. The applicant has also asked for clarification of the parking restrictions applicable to overnight guests. Section 7. In considering the application for the renewal of entitlements and clarification of parking charges for registered hotel guests, the amendment to the Conditional Use Permit, the Planning Commission considered whether the hotel operations have resulted in substantial adverse impact on the use and enjoyment of surrounding residential properties. Section 8. Based upon the entire record in this matter, including the staff reports, the Planning Commission finds that the hotel has been operating in substantial compliance with conditions of approval imposed upon the hotel and that the recent approval to extend the hours of operation has not resulted in any significant impacts to the surrounding area. Further, the Commission finds that charging an overnight parking fee for registered hotel guests is a customary practice and the requirement for free-valet parking is not intended to intended to apply to that practice. Section 9. Based on the foregoing, the Planning Commission hereby extends the CUP for a period of three-years and clarifies that free valet parking does not restrict the hotel from applying an overnight parking fee to registered hotel guests subject to all conditions of approval contained in Resolution No except as modified by this resolution as follows: 1. The hotel may charge registered hotel guests an overnight parking fee. 2. This CUP, DPR and Extended Hours Permit (collectively the Permit ) shall expire within three years of the adoption of this resolution, and all rights granted by this 4

55 CUP, DPR and Extended Hours Permit shall terminate at that time. Unless the CUP, DPR and Extended Hours are renewed, or a new CUP, DPR and Extended Hours Permit is granted, the Applicant shall immediately cease operation of the public restaurant and the outdoor dining area. Any application for a renewal must be filed at least sixty (60) days prior to the expiration of these approvals. All applications for renewal shall be in accordance with the provisions of Section (e) and subject to applicable fees. The renewal hearing shall be conducted by the Planning Commission (the Commission ) to verify that the 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 CUP, DPR and Extended Hours Permit, the CUP, DPR and Extended Hours Permit shall expire and all rights possessed under the Permits shall be terminated. Provided, however, if the Applicant files an application for an extension, any existing CUP, DPR and Extended Hours Permit shall be extended until the City takes final action on the application. Any application for an extension of this CUP, DPR and Extended Hours Permit shall be subject to the application fees established by Resolution of the City Council. Upon expiration of the extension and any future extension, the Applicant may apply for further extensions pursuant to the procedures set forth above. The length of any further extensions granted shall be governed by the provisions of the Beverly Hills Municipal Code. Standard Conditions 5

56 3. These conditions of approval shall run with the land and shall remain in full force and effect for the duration of the life of this approval. This resolution approving the amendment to the C.U.P. and Extended Hours Permit shall not become effective until the owner of the Project site records a covenant, satisfactory in form and content to the City Attorney, accepting the conditions of approval set forth in this resolution. The covenant shall include a copy of this resolution as an exhibit. The Applicant shall deliver the executed covenant to the Department of Community Development within 60 days of the Planning Commission decision. At the time that the Applicant delivers the covenant to the City, the Applicant shall also provide the City with all fees necessary to record the document with the County Recorder. If the Applicant fails to deliver the executed covenant within the required 60 days, this resolution approving the amendment to the C.U.P. and Extended Hours Permit shall be null and void and of no further effect. Notwithstanding the foregoing, the Director of Community Development may, upon a request by the Applicant, grant a waiver from the 60-day time limit if, at the time of the request, the Director determines that there have been no substantial changes to any federal, state or local law that would affect the C.U.P. and Extended Hours Permit.. Section 10. If this Resolution is invalidated for any reason, all rights granted hereunder shall terminate and the Applicant shall immediately cease all operations authorized by this Resolution. 6

57 Section 11. The Secretary of the Planning Commission shall certify to the passage, approval, and adoption of this resolution, and shall cause this resolution and his certification to be entered in the Book of Resolutions of the Planning Commission of the City. Adopted: July 14, 2011 Danie,I dukeison Chaird the Planning Commission If the City of Beverly Hills, California Attest: Sêcetaiy Approved as to form: Approved as to content: IA I t \ I \) Daid M. Snow Assistant City Attorney Jnathan Lait, A.ICP c5) ify Planner 7

58 ATTACHMENT G DIRECTOR S DECISION LETTERS (2006 AND 2008)

59 B0785\0009\ I - 7/31106 at property located at 9400 Olympic Boulevard (Avalon Hotel). The Planning Commission RESOLUTION Of THE-DIRECTOR OF COMMUNITY HOTEL DINING faculty TO BE OPEN TO THE PUBlIC DEVELOPMENT OF THE CITY OF BEVERLY HILLS AND A DEVELOPMENT PLAN REVIEW FOR OPEN AIR DIRECTOR RESOLUTION NO. 1)006 EXTENDING A CONDITIONAL USE PERMIT TO ALLOW A HOTEL) renewal will be at the discretion of the Director of Community Development. t DPR ) to allow a public restaurant within a nonconforming hotel and to allow open air dining DPR approvals (collectively, the Project ) for two years (until June 22, 2008), after which time DINING AT 9400 OLYMPIC BOULEVARD (AVALON THE DIRECTOR OF COMMUNITY DEVELOPMENT OF THE CITY Of BEVERLY HILLS DOES HEREBY FIND, RESOLVE, AND DETERMINE AS FOLLOWS: Section 1. On January 24, 2001 the Planning Commission adopted Resolution No issuing a Conditional Use Permit (the CUP ) and Development Plan Review Permit subsequently granted annual renewals for the CUP and DPR through the adoption of Resolution August 12, 2004 and Resolution No on June 22, 2005 thus extending the approvals to minimize impacts of the Project on neighboring residential properties. No on June 13, 2002, Resolution No on March 24, 2003, Resolution No.1340 on through June 22, The Planning Commission s decisions were subject to various conditions This resolution amends the above-referenced resolutions to renew the CUP and

60 - 7/31106 of single-family properties within 500 feet of the subject property. Section 2. Brad Krozen, of the KOR Group, on behalf of Honeymoon Real nonconforming hotel and the DPR to allow open air dining at the Project. in accordance with the provisions of the Resolutions approving the Project as amended by Resolution 1382, applications CUP renewal application to all residents within 300 feet of the subject property and to residents and other material which constitute the record on which this decision is based are located in the Estate, LP., owner and operator of the Avalon Hotel, Inc. (hereafter the Applicant, timely filed renewa] applications for the CUP to continue the operation of a public restaurant within a for renewal of the CUP and DPR must be in accordance with the provisions of Beverly Hills Municipal Code Section (e), which allows extension for up to three (3) year periods. finds that there have been no substantial changes to the Project or to the environment that would declaration represents the independent judgment of the City and there is no substantial evidence that the approval of the Project may have any significant environmental impact. The documents cause the Project to significantly impact the environment. Therefore, the original negative Department of Community Development and are in the custody of the Director of Community Development. B0785\0009\ Section 4. On May 25, 2006, the Director mailed a notice of consideration of the Section 3. The Director of Community Development (the Director hereby

61 BO7$5\O0O99O /31/06 conditions of the CUP or DPR. In order to process the renewal request as authorized by the Resolution Nos. 1156, 1232, 1285, 1340 and 1382, the operation of the restaurant and outdoor dining area at the Project site has not had an adverse impact on the surrounding neighborhood. The Director finds that the project is generally operating in conformance with the Planning Commission Resolution No. 1382, Planning staff solicited input from the divisions/departments of Building and Safety, Transportation/Engineering, Police and Fire, to verify whether any complaints/warnings or violations have been issued, against or in conjunction with the ongoing operations of the hotel. The Department of Transportation indicated that in the were observed. The Code Enforcement Division has conducted inspections during the months of past year no violations or any outstanding concerns regarding the hotel s valet service operation However, when new inspections were conducted in June of 2006 in two separate occasions, no of approval. Code Enforcement observed violations in its first two inspections in month of May. May and June of 2006 to ensure that the Avalon Hotel is observing all of the imposed conditions violations were reported. The Fire Department conducts periodic inspections and reported no violations. adopts those findings and renews the CUP and DPR for a two (2) year period through and including June 22, 2008, subject to all conditions set forth in Section 6 below. 1156, 1232, 1285, 1340 and 1382 can continue to be made in an affirmative manner and hereby SectionS. The Director hereby finds and determines that, as conditioned under i The Director further finds that each of the findings set forth in Resolution Nos.

62 Section 6. Based on the foregoing, the Director hereby renews the CUP and DPR subject to all conditions set forth in Resolution No and 1382, except as modified below: I. Except as specifically modified by this Resolution, the Project shall comply with each condition set forth in Resolution Nos and 1382, and said conditions are incorporated herein by this reference and expressly made a part of this approval. Section 7. If this Resolution is invalidated for any reason, all rights granted hereunder shall terminate and the Applicant shall immediately cease all operations authorized by this Resolution. Section 8. The Secretary of the Planning Commission shall certify to the passage, approval, and adoption of this resolution, and shall cause this resolution and his certification to be entered in the Book of Resolutions of the Planning Director of the City. Adopted; August 4, 2006 Mahdi Alum Director of Community Development Approved as to form: Approved as to content: DavidM. Snow Assistant City Attorney Rita Nazin Senior Planner 80785\0009\ /31/06

63 Assistant Director of Community Development Jcp(an Lait, AIC?,VLf1JC Ji Sincerely, Please do not hesitate to contact me if you have any questions. as amended by Resolution No received by any member of the public regarding this renewal. Upon a thorough review of years. until June 22, 2011, subject to all conditions contained in Resolution No and residential tenants within 300-feet of the subject property and to all single-family complaints, this letter serves to renew the Conditional Use Permit for three additional office as well as a field inspection and review of any code enforcement allegations or properties within 500-feet of the subject property. To date, no comments have been operating procedures of said use as indicated in the documentation submitted to our On November 25, 2008, notice of such renewal was mailed to all property owners and associated with the above cited property. Pursuant to Section 9.3 of Planning Commission Resolution No. 1382, a renewal of the Conditional Use Permit and entitlements authorized by extant Resolution No are required to allow the continued operation of the public restaurant and open air dining Dear Mr. Dawson: Re: 9400 Olympic Boulevard; Avalon Hotel; Renewal of CUP Penthouse 9454 Wilshire Boulevard Beverly Hills, Ca Mitchell Dawson, Esquire Dawson, Tilem & Goie..

64 ATTACHMENT H PARKING STUDY WITH ATTACHMENTS

65 fehrk PEERs MEMORANDUM Date: January 24, 2017 To: C.C: From: Subject: Mitchell Dawson, Dawson Tilem & Gole Sarah Blatsiotis, Avalon Hotel Chelsea Richer and Anjum Bawa, Fehr & Peers Avaton Hotel Parking Study Ref 2267 EXECUTIVE SUMMARY This memorandum describes a parking analysis conducted by Fehr & Peers for the Avalon Hotel in Beverly Hills to determine if the current parking supply is adequate to serve the observed parking demand generated by the Avalon Hotel patrons including hotel guests, visitors, and employees. Our study uses two approaches to understand the demand for parking at Avalon Hotel, and follows the general format of a similar study conducted by Kaku Associates in Year 2003, with some alterations based on input from City of Beverly Hills staff. The 2003 study concluded that the 2003 parking demand was sufficiently met by the supply at the time. Given the elapsed time since the 2003 study, this 2016 study first derives an estimated parking demand based on the 2003 parking demand rates, and then uses empirical data collected in August, 2016 to compare current observed parking utilization patterns to the 2003 estimated rates. Although the results of the first approach indicate that Avalon Hotel s current parking supply would not meet estimated demand using 2003 rates, the second approach, grounded in empirical observations, confirms that the current parking supply provided for exclusive use by Avalon Hotel guests, visitors, and employees is sufficient to meet actual current observed demand during both the daytime and evening periods. Supplemental Exhibit 1 shows the parking supply and parking demand by hour to demonstrate that the supply sufficiently meets the demand over the course of the day. In addition, preliminary empirical parking data provided by the general manager of Avalon Hotel in December, 2016 are in agreement with the conclusions of the empirical parking utilization analysis, and indicate that the current parking resources are sufficient to meet the current needs for the Avalon Hotel. INTRODUCTION This parking study was conducted to verify that the existing Avalon Hotel parking supply is sufficient to meet the current peak parking demand generated by hotel operations. This update to a previous parking demand analysis provides a current inventory of parking, and demonstrates 600 Wilshire Boulevard, Suite 1050, Los Angeles, CA (213)

66 Mitchell Dawson Dawson Tilem & Gole January 24, 2017 Page 2 that the demand for parking is sufficiently met with the current parking resources and current pricing structure for hotel guests and visitors ($38 for overnight guests; free for other visitors). 1. EXISTING PARKING CONDITIONS The existing parking conditions include relevant parking policies set by the hotel, consistent with the Conditional Use Permit issued by the City of Beverly Hills, and an inventory of parking resources that are used by the Avalon Hotel. This section first provides details on the hotel s parking-related policies, and then describes two primary categories of parking inventory on-site parking and leased off-site parking. A third category of overflow parking is available and briefly described in this section. Vatet Operation Consistent with the Conditional Use Permit issued by the City of Beverly Hills, Avalon Hotel operates a valet parking service for all guests and visitors of the hotel contracted through LAZ Parking. The valet service is available 24 hours a day, and after 10:00 PM all vehicles are claimed from the alley behind the hotel to minimize traffic and noise on adjacent neighborhood streets. The charge for overnight valet parking is $38 per vehicle ($41 for oversized vehicles), and is added to the bill for any guest at the hotel. This is communicated to the guest during the reservation process, and upon confirmation of the reservation. For hotel and restaurant visitors utilizing the valet but not staying overnight at the hotel, valet parking is free. Valet attendants verbally confirm with the guest whether they are an overnight guest or a restaurant guest, a system which has sufficed for the hotel, with no problems reported (based on communication with General Manager on September 7, 2016). In addition, valet attendants conduct overnight audits to ensure that no daytime visitors have left their vehicle overnight without paying for the service. Emptoyee Parking Avalon Hotel provides parking passes to their employees to park in an off-site structure at Beverly Drive. The parking passes are purchased monthly and provided free of charge to the employees who drive to work. A total of 30 passes are available for daytime use and 18 passes are available for nighttime use. A memorandum to employees was issued first in March, 2016 and again in December, 2016 to prohibit parking at any location other than employee parking facilities ( Beverly Drive) and walking the remainder of the distance to Avalon Hotel. Since these passes are provided as a benefit to employees for anyone who drives to work and are purchased by the hotel to reflect the demand from employees, both employee demand and employee parking supply are excluded from the parking utilization analysis below. On-Site Inventory On-site parking at the Avalon Hotel is available at four locations. According to the Avalon Hotel inventory, a total of 45 spaces are available. Five of the 45 total spaces are reserved for the executive committee and management team. The inventory is as follows:

67 Mitchell Dawson Dawson Tilem & Gole January 24, 2017 Page 3 TABLE 1 ON-SITE PARKING INVENTORY Location Total 9400 Olympic Boulevard & Beverly Drive Canon Drive (executive team/managers) S TOTAL 45 This inventory excludes stacked spaces, which are not striped but can serve as immediate overflow parking used by valet attendants. A total of 12 stacked spaces are estimated to be available in the on-site lots, depending on the size of the parked vehicles. The inventory reported by Avalon Hotel was confirmed by empirical counts conducted on August 4, Leased Off-Site Inventory Avalon Hotel leases parking through two contractual agreements at two off-site locations. The number of spaces available depends on the time of day, and is outlined in attached contractual documents between Avalon Hotel and LAZ Parking ( Beverly Drive), and attached contractual documents between Avalon Hotel and South Beverly 1, LLC, & South Beverly 2, LLC (420 S. Beverly Drive). A total of 30 employee spaces are available for weekday daytime use, and a total of 38 guest and employee spaces are available at night, with up to 82 additional overflow spaces provided upon request for guests at Beverly Dr. On weekends, a total of 120 spaces are available, during both daytime and evenings. Table 2 summarizes this inventory.

68 for for for for for for for for for for for for Mitchell Dawson Dawson Tilem & Gole January 24, 2017 Page 4 TABLE 2 OFF-SITE PARKING INVENTORY Location _ Total Weekdays - Daytime Beverly Drive (LAZ 315 S. Beverly Drive (LAZ employee use) 30 guest overflow) Beverly Drive (South Beverly 1, LLC, & South Beverly 0 2, LLC guest use) TOTAL 30 Weekdays - Evenings Beverly Drive (LAZ Beverly Drive (LAZ employee use) 18 guest overflow) S. Beverly Drive (South Beverly 1, LLC, & South Beverly 20 2, LLC guest use) TOTAL 120 Weekends - Daytime Beverly Drive (LAZ Beverly Drive (LAZ employee use) 30 guest overflow) S. Beverly Drive (South Beverly 1, LLC, & South Beverly 20 2, LLC guest use) TOTAL 120 Weekends Evenings Beverly Drive (LAZ Beverly Drive (LAZ employee use) 18 guest overflow) Beverly Drive (South Beverly 1, LLC, & South Beverly 20 2, LLC guest use) TOTAL 120

69 Mitchell Dawson Dawson Tilem & Gole January 24, 2017 Page 5 As described above, the parking provided at 315 S. Beverly Drive is provided for employees of the hotel, with guest overflow parking up to 100 spaces during evenings and weekends (18 employee spaces and $2 guest overflow at night, and 30 employee spaces and 70 guest overflow on weekend days). The parking provided at 420 S. Beverly Drive is available on weekdays after 7pm and on weekends. The shared parking agreement between Avalon Hotel and LAZ Parking is contracted for three years, through December 31, The current arrangement of employee parking and overflow parking at 315 S. Beverly Dr is provided on a month-to-month basis. The shared parking agreement between Avalon Hotel and South Beverly 1, LLC & South Beverly 2, LLC is contracted through April 30, Additional Off-Site Parking Resources In addition to the leased off-site parking supply, limited metered parking is available adjacent to the hotel along Olympic Boulevard and Canon Drive. Eight metered parking spaces are available on Olympic Boulevard on weekdays between 9 AM and 3 PM for up to two hours, and again after 7 PM, and on weekends for unlimited hours all day. An additional eight metered parking spaces are available on Canon Drive, Monday through Saturday, from 8 AM to 6 PM for up to two hours, and from 6 PM to 10 PM without limitations of hours. No parking is allowed from 10 PM to 2:30 AM except with a permit. These spaces are unrestricted on Sunday. While these spaces are excluded from the parking utilization analysis below, it is worth noting that the combined street parking resources were below 100% occupancy during the periods of peak demand outlined below, on both days that parking occupancy data were collected. During the peak periods identified for Ava Ion Hotel, the occupancy for the metered spaces was 69% (Thursday at 1:00 pm, based on 16 unrestricted spaces on Olympic Blvd and Canon Dr), 63% (Thursday at 6:00 PM, based on eight unrestricted spaces on Canon Dr), 50% (Saturday at 11:00 PM, based on eight unrestricted spaces on Olympic Blvd), and 38% (Saturday at 12:00 AM, based on eight unrestricted spaces on Olympic Blvd). 2. PARKING DEMAND ESTIMATES FOR THE AVALON HOTEL This section outlines the process of developing an understanding of the demand for parking at the Avalon Hotel. Hotel Employees Parking Demand Rates Empirical data from previous studies with restaurant activity similar to the Avalon Hotel indicates that 65 to 70% of the hotel employees travel to work by automobile. However, actual demand for parking by Avalon Hotel employees is lower, based on the number of employees who utilize the parking benefit described above. In an inventory from October, 2016, a total of 91 people were employed by the Avalon Hotel, and 14 of those employees were eligible to park in the reserved spaces at 418 S. Canon Drive. Of the remaining 77 employees, 37 of them used monthly parking passes, or a rate of 48%. According to communication with the General Manager on August 30, 2016, the remaining 40 employees use transit or other modes to arrive at work. An updated inventory of staff transportation choice was conducted in December, 2016 (attached), and demonstrated similar patterns a total of 79 employees, with 32 employees choosing to drive

70 Mitchell Dawson Dawson Tilem & Gole January 24, 2017 Page 6 and 47 employees choosing public transit, or 41% choosing to drive. To be conservative and reflect the potential for these patterns to vary as staffing levels vary, a figure of 50% was used to determine parking demand generated by employees under normal conditions for this study, compared to a figure of 100% for maximum conditions. Estimated Parking Demand The detailed inventory of Avalon Hotel staff, provided below, was conducted in August, The current staff levels at Avalon Hotel may have shifted but remain proportionally consistent between daytime and evening staff. On August 30, 2016, the general manager provided documentation of daytime and evening employees, for a total of 33 daytime employees and 12 nighttime employees. The following breakdown for daytime and evening employees is as follows: Daytime (before 6pm): 3 Sales 2 Accounting 1 Human Resources 1 General Manager 2 Revenue 3 Front Office 3 Valet 1 Housekeeping Manager 6 Housekeeping Attendants 2 Housemen 3 Kitchen Staff 5 Restaurant Front-of-House Staff 1 Engineer Evening (after 6pm): 2 Front Office 2 Valet 1 Houseman 2 Kitchen Staff 4 Restaurant Front-of-House Staff 1 Engineer Based on the assumption that 50% of the employees would drive under normal conditions, the evening peak parking demand generated by employees is 6 spaces (12 x 0.50 = 6). Based on the assumption that 100% of the employees would drive under maximum conditions, the evening peak parking demand generated by employees would be 12 spaces (12 x 1.00 = 12). Hotel Guests and Visitors Estimated Parking Demand Rate

71 Mitchell Dawson Dawson Tilem & Gole January 24, 2017 Page 7 Empirical data collected in 2000 from the Avalon Hotel and used in the 2003 Avalon Hotel Parking Analysis (Parking Analysis for the Avalon Hotel, Kaku Associates, Inc., 2003) indicates that during full occupancy, the hotel guest evening peak parking demand rate is estimated at 0.46 spaces per occupied room and the hotel visitor evening peak parking demand rate is estimated at 0.11 spaces per occupied room. Estimated Parking Demand Based on the results of previous studies for the hotel, the evening peak parking demand generated by hotel guests is estimated at 39 spaces (85 x 0.46 = 39). Based on the results of previous studies for the hotel, the evening peak parking demand generated by hotel visitors is estimated at nine spaces (85 x 0.11 = 9). Restaurant Patrons Estimated Parking Demand Rates As reported in the 2003 Avalon Hotel Parking Study, data from the L Ermitage Hotel indicates that parking demand can be more accurately estimated by a per seat basis rather than by square footage. This is particularly true for a hotel restaurant because it is difficult to develop a good understanding of how space is actually allocated between dining areas, lobby areas, bar/lounge areas, etc. Empirical data from the previous study for the Avalon Hotel (Parking Analysis for the Avalon Hotel, Kaku Associates, 2003) indicates that the peak demand rate for the attached restaurant is estimated at 0.58 spaces per restaurant seat, derived from a total of 57 vehicles and 99 seats at the time that the empirical data were collected. However, this rate includes internal capture effects from restaurant patrons who are also hotel guests. Based on conditions documented in the previous study for the Avalon Hotel (Parking Analysis for the Avalon Hotel, Kaku Associates, 2003), it is assumed that under normal conditions 25% of the seating capacity is occupied by hotel guests. Therefore, if restaurant-only patrons occupied 75% of the available seats when the above data were collected (or 74 seats), the peak demand rate is 0.77 spaces per restaurant seat for restaurant-only patrons. Estimated Parking Demand The restaurant currently includes a total of 128 seats, including 42 seats inside the restaurant, four bar stools, six seats in the private dining room, 32 chairs outside, and 44 chairs in the cabana area. An additional 14 poolside lounge chairs are excluded from this analysis because they are not used as restaurant seating. This is in compliance with the 2010 Conditional Use Permit which specifies a maximum of 143 total seats in the dining area, open air dining area, poolside lounge, and any meeting rooms. As indicated above, the restaurant may generate a significant portion of its patronage (75%) from the general public, i.e., patrons that are not hotel guests. Based on these assumptions, it is estimated that that evening peak parking demand generated by the restaurant only patrons is approximately 74 spaces (128 x 75% x 0.77 = 74) under normal conditions.

72 Mitchell Dawson Dawson lilem & Gole January 24, 2017 Page 8 Under maximum conditions, with assumed 100% restaurant-only patronage, the estimated evening peak parking demand is approximately 99 spaces (128 x 100% x ). Summary of Estimated Peak Parking Demand Based on demand rates and estimates for each of the individual components described above, the total estimated peak demand for parking at the Avalon Hotel is 128 spaces under normal conditions and 159 spaces under maximum conditions. The peak demand period is expected to occur on Saturday evenings. Table 3 shows a summary of the aforementioned four components of the Hotel that generate parking demand. TABLE 3 ESTIMATED EVENING PARKING DEMAND RATE Normat Conditions Category Unit Estimated Demand Rate Total Spaces Hotel Guest [1] 85 Rooms 0.46 spaces/room 39 Hotel Visitor (Non-Restaurant) [2] 85 Rooms 0.11 spaces/room 9 Employee [3] 12 Employees 0.50 spaces/employee 6 Restaurant Guest [4] 96 Seats 0.77 spaces/seat 74 TOTAL 128 Maximum Conditions Hotel Guest [1] 85 Rooms 0.46 spaces/room 39 Hotel Visitor (Non-Restaurant) [2] 85 Rooms 0.11 spaces/room 9 Employee [5] 12 Employees 1 space/employee 12 Restaurant Guest [6] 128 Seats 0.77 spaces/seat 99 TOTAL 159 Notes: [1] Assumes all rooms are occupied. [2] Assumes all rooms are occupied. [3] Assumes 50% of employees drive to work. [4] Assumes 75% of restaurant patrons are non-hotel guests. [5] Assumes 100% of employees drive to work. [6] Assumes 100% of restaurant patrons are non-hotel guests.

73 Mitchell Dawson Dawson Tilem & Gole January 24, 2017 Page 9 Given the time that has elapsed since the 2003 parking demand rates were developed, empirical parking utilization counts were conducted to validate the estimates described above and provide an understanding of whether the parking demand has changed since The following section describes this approach, in which empirical data are collected, analyzed, and compared to the estimated rates from EXISTING PEAK PARKING UTILIZATION To verify the demand estimates provided above, parking utilization counts were conducted on Thursday, 8/4/16 between 11 AM and 12 AM (midnight) and on Saturday, 8/6/16 between 11 AM and 12 AM (midnight). The counts were conducted by having a surveyor count the spaces available in each facility and note the number of occupied spaces during each hour period of the survey. The count dates reflect high occupancy conditions, with 90% of all hotel rooms occupied on Thursday, August 4th and 99% of all hotel rooms occupied on Saturday, August 6th Parking utilization counts were conducted for parking facilities on-site (9400 Olympic Boulevard/412 S. Beverly Drive and 418 S. Canon Drive). Off-site employee and overflow parking at 315 S. Beverly Drive was excluded from the analysis, as mentioned above. Reserved parking for executive and management team use (located at 418 S. Canon Drive) is included in the utilization analysis because these spaces could be repurposed for guest parking during hours when fewer executive team and management staff are on site, if necessary. Table 4 shows the results of the parking utilization survey. TABLE 4 PARKING UTILIZATION SUMMARY [1] t2] Thursday, August 4th Saturday, August 6th Hour Inventory Occupied % Total Occupied Spaces Spaces htotal 11:00AM % 27 42% 12:00PM % 23 35% 1:00PM % 2:00PM % 23 35% 3:00 PM % 24 37% 4:00PM % 25 38% 5:00PM % 28 43% 6:00 PM % 7:00 PM % 31 48% 8:00PM % 37 57%

74 Mitchell Dawson Dawson Them & Gole January 24, 2017 Page 10 TABLE 4 PARKING UTIliZATION SUMMARY [1] [2] Thursday, August 4th Saturday, August 6th Hour Inventory Occupied % Total Occupied Spaces Spaces h Total 9:00 PM % 37 57% 10:00PM % 39 60% 11:00PM % 41 63% 12:00 AM % Notes: [1] Inventory excludes employee and overflow parking at 315 S. Beverly Drive. The inventory includes parking resources at 9400 Olympic Blvd/412 S. Beverly Dr, Canon Dr, and 420 S. Beverly Dr. [2] Inventory excludes stacked spaces which are available to be used with valet service. Twelve stacked spaces are available on-site, and an additional 2 stacked spaces are available at Beverly Blvd on weekends and weeknights. As shown in Table 4, above, the peak period of utilization on Thursday occurred at 1:00 PM and 6:00 PM, with a demand of 28 spaces during each time period, or 62% of the total analyzed inventory. The peak period of utilization on Saturday occurred at 11:00 PM and 12:00 AM, with a demand of 41 spaces during each time period, or 63% of the total inventory. The Saturday peak period represents the overall peak utilization over the two-day study period. Compared to the estimated evening peak parking demand, the actual evening peak parking demand of 41 spaces, which includes all hotel guests, visitors, and restaurant patrons, is significantly lower than both the estimated maximum peak parking conditions of 147 spaces (or 159 less 12 employees, shown in Table 3) and the estimated normal peak parking conditions of 122 spaces (or 128 less 6 employees, shown in Table 3). 4. SUMMARY AND CONCLUSION The estimated maximum peak parking demand generated by the hotel and the restaurant, using a very conservative set of assumptions, would occur on a Saturday night and would be 159 spaces. However, parking occupancy counts conducted on a Thursday and Saturday night indicate the estimates to be far higher than the actual demand for parking at the Avalon Hotel. Parking utilization data shows that the actual peak demand for parking by hotel guests, visitors, and restaurant patrons is 41 spaces. Although the total number of spaces required to meet peak demand has declined significantly since 2003, the observed parking utilization rates and the periods of peak demand have remained relatively stable. Similar to the 2003 parking study, the actual observed utilization rate was about

75 updated Mitchell Dawson Dawson Tilem & Gole January 24, 2017 Page 11 61% in 2003 (99 spaces out of 161 total) and 63% in 2016 (41 spaces out of 65 total). Additionally, the peak period occurs at approximately the same time between 9:30 PM and 10:30 PM on Saturday in 2003 and between 11:00 PM and 12:00 AM on Saturday in These temporal patterns follow the expected demand patterns described in the Institute of Transportation Engineers Parking Generation, 4th Ed., for hotels in urban settings that include restaurants. Potential reasons for the decline in the number of parking spaces needed to meet demand include the increased cost associated with overnight parking for hotel guests and the growth in popularity of convenient and cost-comparable options such as Uber or Lyft, both for hotel guests and restaurant patrons. Given these considerations, the late-night parking supply of 65 spaces available to the Avalon Hotel, along with the 18 off-site employee spaces and 82 overflow spaces also available overnight, is sufficient to meet the actual peak parking demand for the hotel and the on-site restaurant. This conclusion assumes the price of overnight parking remains at the current levels and the employee parking benefit remains in place. Supplemental Exhibit 1, provided at the request of the City of Beverly Hills, shows an hour-by-hour comparison of parking supply and demand using an extrapolation of the evening peak observed parking demand for hours where data were not collected. This exhibit shows that if evening peak observed demand were to occur between 1:00 AM and 11:00 AM, and if all available employee passes were to be utilized, the available supply would be sufficient to meet the demand. Given that the estimated rates from 2003 produce much higher estimates than the actual observed demand in 2016, any future parking study should continue to use empirical data (collected periodically) to understand changes in demand for parking over time. The empirical data can also be used to inform development of new demand rates for the uses contained in the Avalon Hotel for calculation of future parking requirements. The Avalon Hotel has begun to collect and document this empirical data. At the request of the project team, preliminary data for September, October, and November, provided by the general manager in an on December 2, 2016, has been included as an attachment to this parking analysis. The parking rates demonstrated in this preliminary data reflect similar demand patterns as the parking utilization analysis conducted for this memorandum. Attachments: 1. Supplemental Exhibit 1: Supply and Demand by Hour, Weekday and Weekend 2. Employee transportation list, updated December South Beverly 1, LLC, & South Beverly 2, LLC parking agreement 4. LAZ Parking agreement and Consolidated Parking Statistics January 17, 2017 S. dated 12/2/16 documenting preliminary empirical parking data from September, October, and November.

76 Avalon Hotel Parking Study Fehr & Peers Supplemental Exhibit Updated 1/24/2017 Supplemental Exhibit 1: Supply and Demand by Hour, Weekday and Weekend This exhibit is intended to supplement the analysis conducted in the Avalon Hotel Parking Study dated 1/24/17. The hourby-hour comparison is based on the parking resources available on-site and off-site. The extrapolated demand patterns shown below follow the peak patterns described in the Institute of Transportation Engineers Parking Generation, 4th Ed. The demand between the hours of 1:00 AM and 10:59 AM is extrapolated based on peak observed demand. In addition, the demand reflects the total number of purchased employee parking passes, which reflects the maximum employee parking conditions. As stated in the Parking Study, the observed demand and peak extrapolated demand are sufficiently met for each hour of the day with the available on-site and off-site parking resources U I Parking Supply & Demand by Hour - Weekday [I i f iii iii \,.zt, \&? \., A. a. c ç.,,,.,,..,. \. q. oj.... 0n-Site Supply 0ff-Site Supply 0ff-Site Overflow Parking Demand Notes: 1. On-site supply includes parking resources at 9400 Olympic Blvd, Beverly Dr, and Canon Dr. 2. Off-site supply includes parking resources at Beverly Dr and Beverly Dr, which varies between daytime and overnight on weekdays. 3. Demand between 11:00 AM and 12:59 AM is based on observed counts taken on 8/4/16, with 90% of the hotel rooms occupied, plus the total number of purchased employee parking passes, which is based on the number of daytime and evening employees who drive to work. 4. Demand between 1:00 AM and 10:59 AM is extrapolated from the observed weekday peak number of spaces demanded (36 spaces demanded at 11:00 PM, as shown in Table 4), plus the total number of purchased employee parking passes. 180 I \t \ t \ \ <. Parking Supply & Demand by Hour - Weekend,. (. o0 c c (. A. c. A... ç n-Site Supply 0ff-Site Supply Off-Site Overflow Parking Demand Notes: 1. On-site supply includes parking resources at 9400 Olympic Blvd, Beverly Dr, and Canon Dr. 2. Off-site supply includes parking resources at Beverly Dr and Beverly Dr, which does not vary between daytime and overnight on weekends. 3. Demand between 11:00 AM and 12:59 AM is based on observed counts taken on 8/6/16, with 99% of the hotel rooms occupied, plus the total number of purchased employee parking passes, which is based on the number of daytime and evening employees who drive to work. 4. Demand between 1:00 AM and 10:59 AM is extrapolated from the observed weekend peak number of spaces demanded (41 spaces demanded at 11:00 PM, as shown in Table 4), plus the total number of purchased employee parking passes.

77 Especia, Marco LOT Guzman, Carlos PUBLIC TRAN Estrada, Jose LOT Hamzah, Wenny PUBLIC TRAN Perez, Yesenia LOT Magana, Daniel PUBLIC TRAN Reyes, Walner LOT Mejia, Lorena PUBLIC TRAN Reynaga, Raymond LOT Mendoza, David PUBLIC TRAN Rocha Lopez, Jose LOT Meza, Susana PUBLIC TRAN Juarez, Antonio LOT Hernandez, Jesus PUBLIC TRAN Sengelmann, David LOT Padilla, Reynaldo PUBLIC TRAN Vardakas, Paris Andres LOT - Paquim, Maria Vasquez, Milta LOT Recinos, Alex PUBLIC TRAN Duenas, ltzel G PUBLIC TRAN Gomes, Anthony PUBLIC IRAN Alejo, Cesar PUBLIC TRAN Fileto, Eugenia PUBLIC IRAN Andino, Karol Celene PUBLIC IRAN Blackford, Sierra PUBLIC TRAN Davis, La Manda PUBLIC TRAN Mills, Danezion LOT Ladrick, Colleen PUBLIC TRAN MILLER, AINSLEY C LOT King, Mackenzie PUBLIC TRAN Lugo, Penny LOT Huerta, Alberto PUBLIC TRAN IRAN PUBLIC Lopez, Miguel LOT Hernandez, Rebecca PUBLIC TRAN Melara, Jose Orlando LOT Jimenez, Miguel PUBLIC IRAN Culotta, Kristin ON PROP Stoenescu, Mihaela PUBLIC TRAN Alvarez, Anna PUBLIC TRAN McAuliffe, Danielle ON PROP Wolfe, Candice PUBLIC TRAN Martinez, Evangelina ON PROP Ticas, Salvador PUBLIC TRAN Kulik, Sarah B ON PROP Tenaja, Marci PUBLIC TRAN Cox, Thomas ON PROP Sherman, Mark PUBLIC IRAN Ih, Irene LOT Hernandez, Christian PUBLIC TRAN Flores, Evaristo LOT Henderson, Patrick L PUBLIC TRAN Morrissette, Hollis LOT Leon, Gerardo PUBLIC TRAN Aragon, Salvador ON PROP Sanchez, Dayanna PUBLIC TRAN Ferleger, Adam LOT Hassan, Faruk PUBLIC TRAN Recinos, Carlos LOT MARROQUIN, MIRNA PUBLIC IRAN Wenger, Keana LOT Rivas, Maria PUBLIC TRAN Monterrosa, Mildred ON PROP Pineda, Sandra ON PROP Barrera, Manueta PUBLIC TRAN Burnstein, Rachel PUBLIC TRAN Casimiro, Julia PUBLIC IRAN Bernal, Daniel PUBLIC TRAN Stapleton, Michael ON PROP Bates, Paula PUBLIC TRAN Batres, Loida PUBLIC TRAN Calderon, Kristian E PUBLIC IRAN Evans, Travone PUBLIC TRAN Figueroa, Marvin PUBLIC TRAN Faure, Emmanuel PUBLIC TRAN Borzelli, Giulia LOT Gonzalez, Andres PUBLIC TRAN MENJIVAR, ANA LOT Karkut, Jason PUBLIC TRAN EMPLOYEE TRANSPORTATION LIST, DECEMBER 2016

78 Parking Lot Lease Agreement This Parking Lot Lease Agreement ( Lease ) is made and entered into as of April 15, 2015, by and between SQuth Beverly 1, LLC & South Beverly 2, LLC California Limited Liability Companies as Tenants in Common (collectively, Landlord ) and HONEYMOON REAL ESTATE LIMITED PARTNERSHIP ( Tenant ), with reference to the following facts and circumstances: A. Tenant is the owner of the. real property commonly known as the Avalon Hotel, Located at 9400 West Olympic Boulevard, Beverly Hills, California (the Hotel ). B.. Landlord is the owner of that certain real property commonly known as 420 South Beverly Drive, Beveily Hills, California (the Property ). C. Landlord desires to lease to Tenant and Tenant desires to lease from Landlord portions of the parking lot directly behind the Property (said portion hereinafter, the Lot ) pursuant to the terms and conditions set f:rth in this Lease. Now, THEREFORE, in ohsidetatibn of the mutual promises and, conditions set forth herein and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Landlord and Tenant agree as follows: - commence 1. Lease Subject to the terms of this tease, Landlord hereby leases to Tenantand Tenant hereby leases from Landlord the Lot. 2. Term. Subject to Paragraphs 6 & 7 below, the term of this Lease shall on April 15, 2015 and shall terminate on April 30, 2020 ( the Term ). Thereafter, the Term of this Lease shall automatically continue on a month-to month basis if not terminated by either Landlord or Tenant upon not tess than thirty (30) days prior written notice. 3. Use. Tenant, Tenant s employees, agents and guests shall be entitled to use the parking spaces located in the Lot between the hours of 7:00 p.m. to 7:00 am. Monday through Friday, and all day Saturday and Sunday ( Tenant s Use Period ). Tenant acknowledges that, from time to time certain employees. and tenants of Landlord may use the lot, as needed, Avalon Hotel Parking Lease February-2015 Page 1 l<or Avalon 2015 Parking lease Agteement(v2)

79 during Tenant s Use Period but only so long as at least ten (10) spaces are available to Tenant at all times during Tenant s Use Period. Notices shall be in writing and, shall be given to Landlord at suite #260 at the Property and to the Tenant at the Hotel. 4. LahUlord s Use. Tenant acknowledges that. Landlord s Property is teased to other tenants in the building at different hours and that, the other tenants..are the primary users of the lot. As such Tenant hereby expressly authorizes Landlord and Landlord s agents to tow or otherwise remove, at Tenant s expen.se and without notice, any yehiclesthat remain in the lot after Tenant s Use Period. In addition to Tenant s indemnification obligations set forth in paragraph 9 be[ow, Ten ant shalidefend, indemnify and hold Landlord harmless from and against all, claims, causes o.f action, liabilities, losses, costs and expenses. arising from or in connection with any injury or other damage to any person or property resulting from Landlord s towing of any such. vehicle, except to the extent of Landlord s gross negligence or willful misconduct. 5. Payment of Rent. As consideration for the rights granted herein Tenant shall pay for each month of th e term a monthly payment in an amount equal to Two Thousand and No/100 Dollars ($ ).(the Rent ). Each payment of Rent shall be payable in advance, on.or before the third (3rd) business day of each calendar month during the Term. There shall also be a fixed $100/month rent increases every anniversary date starting on Apr11 1, Interruption of Use. Landlord and Tenant hereby agree th:at Landlord shall have the right to interrupt Tenaht s use of all o.r any portion of the Lot upon no less than forty-eight (48) hours prior written notice, as determined by Landl,ord in Landlord s reasonable discretion. During such interruption of Tenant s use of the Lot, Rent shall be abated entirely or reduced1 as appropriate, for such time as Tenant continues to be prevented from using the Lot or any portio.n thereof. Landlord shall make good faith efforts not.to prevent Tenant from using the entirety of the Lot during Tehant s Use Period and shall in no event prevent Tenant s use for more than two (2) consecutive days or for more than four (4) days per calendar year. If by chance It coes go over (2) to secutive days or more than four (4) days per calendar year, Landlord s habthty is limited to 2 times theprorated rent for each day it goes beyond said period., 7 Cancellation of Lease Tenant understands that Landlord may wish to lease all or a portion of the Property improvements to a tenant that requires use of the parking spaces during Tenant s Use Period. In the event that Landlord procures such a tenant for the property, or for any other reason, Avalon Hotel Parking Lease February-2015 Page 2 Kor Avalon 2015.Parking Lease Agreement(v2)

80 Landlord, shall have the right to terminate this tease upon sixty (GO) days written notice to Tenant. 8. Taxes. Landlord shall be responsible for and shall pay all real property taxes with regard to the Landlord s Property as they become due, including all real and personal property taxes. All other taxes, attributable to Tenant, shall be the responsibility to Tenant. 9. Indemnification! Tenant shall defend, indemnify and hold Landlord harmless from and against all claims, causes of action, liabilities, tosses, costs and expenses arising from or in connection with any injury or other damage to any person or property resulting from the gross negligence or willful misconduct of Tenant or Tenant s agents and employees. 10. Maintenance and Repairs. Throughout the Term of this Lease (and any extension thereof), Landlord h,all be responsible for all maintenance of the Lot that constitutes a capital improvement of the Property, including, without limitation, paving and striping of the Lot, as determined in Landlord s sole discretion. U. Insurance. During the Term, Tenant shall maintain a policy of commercial general liability insurance (sometimes known as broad form compreh ensive.general liability insurance) insuring Tenant against liability for bodily injury, property damage (including loss of use of property) and personal injury arising out of the operation, use or occupancy o,f the Lot. Tenant shall name Landlord and its authorized agents (if notice ofsuch agents has been delivered to Tenant in writing) as an additional insured under such policy. The initial amountofsuch insurance shall be $2 million dollars per occurrence. The amount and coverage of such insurance shall not limit Tenant s liability nor relieve Tenant of any other obligation under this Lease. Landlord may also obtain comprehensive public liability insurance in an amount and with coverage determined by Landlord insuring Landlord against liablltty arising out o,f ownership, operation, use or occupancy of the Property (including.the Lot). The policy obtained by Landlord shall no,t be contributory and shall not provide primary insurance. 12. Permits. Tenant shall be responsible to obtain any and alt applicable governmental permits required by tenant to use the Lot pursuant to paragraph S above. 13. Security. Tenant herebya cknowtedges that security services are not provided to the Lot and that Landlord has no obllgtion to provide same. In the event Tenant believes such services are required for any reason, Tenant shall, attenant s sole cost and expense provide such service to the Lotduring Avalon Mot1 Parking Lease February-2015 Page 3 Kot Avalon 2015 Patking Lease Ageeernent (v2)

81 Tenant s Use Period and Land Lord shall reasonably cooperate with the same. 14. MiscellaneoUs. The Laws and venue of the State of California shall govern the interpretation and enforcement of this Lease. The heading contained in this Leas.e are for reference purposes only and shall not in way affect the meaning or interptetation of this Lease or any provisio.n hereof. This Lease supersedesany and all other agreements, either oral or written, between the parties hereto relating to the subject matter hereof This Lease contains the entire agreement between Landlord and Tenant and may not be amended except by an agreement in writing signed by Landlord and Tenant. The conditions, ccvenants and agreements contained herein shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. This Lease may be executed in one or rnore counterparts, alt of which be considered one and the same agreement, and each of which will be deemed an original. Avalon Hotel Parking Lease February-2015 Kor Av?Lon 2015 Parking Lease Agreement (v2) Page.4

82 IN WITNESS WHEROF1 the parties hereto have executed. this Lease as of the date first written above. Landlord : South Beverly 1, LLC & South Beverly 2, LIC as Tenants in Common Prëdent Tenant : HONEYMOON REAL ESTATE LIMITED PARTNERSHIP, a Delaware limited partnership By: AvalonBHHM,LLC,a Delaware limited liability company, its Authorized Agent By: Name: Title: Ii Avaton Hotel Parking Lease Febrüary-2O15 - Kor AVaIon 2D15 Parking iaseagreenentfv2) PageS

83 Ph /17/2017 Suite # Santa Monica Blvd. Los Angeles, CA Partners in TM Texas Vermont Virginia Washington Washington DC Tennessee Rhode Island North Carolina Pennsylvania New Jersey New Mexico New York New Hampshire Maryland Massachusetts Indiana illinois Georgia California Florida Connecticut Fax PARKING John Svendblad Regional Vice President ( ;i) Monday Friday Blvd. A guaranteed 30 parking spaces will be made available for Avalon Hotel for off-site employee parking for Avalon Hotel located at 9400 W. Olympic 5pm Monday - Friday and all day on weekends. Monday through Friday and ALL day Saturday and Sunday. The LAZ operated garage located at 315 S. Beverly has sufficient space 9am-Spm. An additional 18 spaces wilt be made available after There are 82 supplementary spaces available for overflow use after 6pm The license agreement will commence on January 1st, 2017 and will be in effect on a month to month basis. To Whom It May Concern:

84 I, I, p. z. r I 0 CD CD Cl -o w v-n I-,. (I)

85 From: Sent: To: Subject: Attachments: Follow Up Flag: Flag Status: Mitchell Dawson Monday, December 05, :28 PM Chelsea Richer Fwd: Parking/CUP Parking Statistics xlsx; Afl00001.htm; Parking Lot Lease Agreement Honeymoon.pdf; ATT00002.htm Follow up Flagged Sent from my iphone Begin forwarded message: From: Sarah Blatsiotis Date: December 2, 2016 at 12:24:09 PM PST To: Mitchell Dawson Cc: Brad Korzen Subject: Parking/CUP Mitch, Per our call today, please see below and attached. I am copying in Brad so we are all on same page. Brad, the city will not accept any points on the use of ubers in the current market as a case for us to lower parking spots, however either way based on below stats we are fine and perhaps this can prove the same point. Mitch, the two LAZ letters you ed to me yesterday also stated that they can do 25 additional spots per day as needed and provide overflow. Perhaps it would be helpful to send this info to Chelsea/Fehr as she is revisiting their parking survey, and because Alek mentioned receiving different s pertaining to same info, so perhaps if Chelsea sends her revised version it will ease Alek s confusion...? Hotel Guest vehicles parked from the last 90 days (overnight). Month total Vehicles Dccupied Hotel verage Guest % of Vehicles Parked Rooms Occupancy /ehicles Parked per Occupied per Day Room September J % % October % % November % 40.4%

86 - The Restaurant/Visitor vehicles parked from the last 90 days (daytime mainly afternoon l2pm-8pm). Month total Vehicles Parked total Restaurant verage Guest % of Vehicles per Thecks Jehicles Parked per Occupied Room Day September October November Total vehicles parked from the last 90 days. Month total Vehicles Parked verage Guest Iehicles Parked per Day September October November Regarding Alek s points please see below in red, and attached back up. change of off-site parking location from 350 S. Beverly Dr. to 315 S. Beverly Dr.: Please provide evidence that the use of the parking spaces being leased are above and beyond those required for 315 S. Beverly Dr. or amend the request to include a request to share parking for daytime and nighttime uses. (Any changes to the request may be done over , as we re down to the wire here.) In the parking study: the descriptions of the parking supply and table of the parking study that outlines the off-site inventory should be updated to reflect the proposed change from 350 to 315 S. Beverly Dr. 350 S. Beverly was omitted from the occupancy counts in the study because it served employees only, and the same purpose is stated for 315 S. Beverly, so it doesn t seem like this change will take a major overhaul of the study. There is not a decrease in spots here from 350 S Beverly to 315 S Beverly. We actually have the 48 spots 24/7 rather than 30 daytime and 18 nighttime, so we gained spots. This info can be found in LAZ parking agreement. The overall parking requirement for the hotel with all of the included dining would be 213 spaces. However, based on the floor area of the uses shown, 112 spaces would meet code requirements, if the PC allows the Open Air Dining to be served by the existing parking supply. This is a reduction from previously granted entitlements, which required 129 spaces. This is where I think Chelsea should receive info from this and compare to her survey (with the two AZ letters you sent me yesterday) There are several conflicting sets of numbers in the materials submitted: please provide one summary (a table) that accurately shows all the parking being proposed to be used as required parking. The conflicts are between different ed documents submitted and parking study). Need to update the parking study to show accurate leasing information. Attached from LAZ but Chelsea should review Advertising for private events to rent out entire areas. Private banquets are prohibited in nonconforming hotels in the R-4 zones.

87 Please clarify which documents you want to go in the packet ( response to complaints from Sarah, s from LAZ, etc.). This has been removed, however we do want/need to be able to offer buy out events. Should we request this? Will 420 S. Beverly still be available after the lease at 350 S. Beverly ended? Yes- this is a totally separate deal and the contract expires 2021 Contract is attached. Provide hours that 1224 Beverwil will be available to be used (a couple different times were provided). Provide an exact number of spaces available at 1224 Beverwil and 315 S. Beverly. If there are different numbers of spaces available at different times, please note that and ensure that the numbers match across all documents to go to the Commission. Please see attached. I think this is all stuff you need from me, but of course please let me know. Thank you!!! Sarah Blatsiotis General Manager D F West Olympic Boulevard Beverly Hills, California avalonheverlvh liscom

88 SITE PLAN AND RESTAURANT SEATING DESCRIPTION ATTACHMENT I

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90 Restaurant Seating Structure Area Prior to Viviane (10/2015) Post Vivlane (10/2016) interior Dining Seats 52 Interior DinIng Seats 47 Interior Dining Sq Ft 1018 Interior DinIng Sq Ft 1018 Exterior Dining Seats 91 ExterIor Dining Seats 90 Exterior Dining Sq Ft 3263 ExterIor Dining sq Ft 3263 PDR Seats 0 - gym. PDR 6 seats, Counted in total Dining Si PDR/Gym Sq Ft 240 PDR/GmSq Ft Interior restaurant today there are 42 chairs +5 bar stool =47 total. 6 in PDR = 53 total dining room Viviane Dining Layout Key Label Description Seats A PoolSunLoungeChairs 8 B Dining Cabana 40 8 C Lounge Cabana Dining Cabana 42 8 E Dining Cabana 43 8 F Dining Cabana 44 8 G Lounge Cabana 45 6 H Lounge Table 69 Ivy WaIl 2 I Lounge Table 50 Bamboo 2 i Lounge Table 51 Bamboo 2 K Outside Dining Tables 30 to L Table 46 Round table 5 M Indoor Proposed Private Dining Room 6 N Indoor BarStools 5 0 Indoor Dining Tables 10 to 18 & 20 to tdthll 1netior and Extenci

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