Planning Commission Report êl C

City of Beverly Hills Planning Division 455 N. Rexford Drive Beverly Hills, CA 90210 TEL (310) 285-1141 FA)(, (310) 858-5966 Planning Commission Report êl C Meeting Date: Subject: Project Applicant: July 12, 2018 267 SOUTH BEVERLY DRIVE (URTH CAFFE RESTAURANT) Open Air Dining Permit, Extended Hours Permit, and Waiver of Parking (PU 730240) Request for an Open Air Dining Permit to allow continued operation of open air dining on private property and on the public right-of-way, an Extended Hours Permit to allow Urth Caffe to operate during extended hours in a commercial-residential transition area, and a waiver for 16 code-required parking spaces associated with the open air dining on private property. Pursuant to the provisions set forth in the California Environmental Quality Act (CEQA), the Planning Commission will also consider adoption of a Categorical Exemption for this project. Urth Caffe Associates IV, LLC Representative: Victor Corona Recommendation: That the Planning Commission: 1. Conduct a public hearing and receive testimony on the project; and 2. Adopt the attached resolution conditionally approving a new Open Air Dining Permit, Extended Hours Permit, and a waiver of 16 code-required parking spaces. REPORT SUMMARY The proposed project involves a request for an Open Air Dining (CAD) Permit, Extended Hours Permit, and a waiver of parking for the CAD. The DAD Permit request would allow Urth Caffe to continue to operate a total of 952 square feet of open air dining. The request includes 726 square feet of CAD on private property consisting of 22 tables, 45 chairs, five (5) umbrellas and three (3) wall-mounted heaters. The request also includes 226 square feet of CAD on the public right-ofway consisting of 16 chairs, eight (8) tables, four (4) umbrellas, and four (4) heaters. An Extended Hours Permit is being requested to allow Urth Caffe to operate during extended hours for a Attachment(s): A. Draft Resolution B. Requited Findings C. Relevant Beverly Hills Municipal Code Sections D. Past Planning Commission Resolutions E. Public Notice F. Public Comments G. Police Reports for 267 South Beverly Drive H. Urth Caffe Extended Hours Memo I. Urth Caffe Off-site parking memos J. Urth Caffe Parking Management Plan K. Urth Caffe Patron Parking Survey L. Urth Caffe Valet Services Memo M. Architectural Plans Report Author and Contact Information: Judy Gutierrez, Assistant Planner (310) 285-1192 jgutierrez@beverlyhills.org 151

Saturday; Planning Commission Report 267 South Beverly Drive (Urth Caffe Restaurant) July 12, 2018 Page 2 of 13 property located in a commercial-residential transition area. The proposed hours of operation are 6:00 AM to 11:00 PM, Sunday Thursday and 6:00 AM to 12:00 AM, Friday Saturday. Lastly, the applicant is seeking a waiver of parking for 16 code-required parking spaces that would otherwise be required to accommodate the 726 square feet of open air dining located on private property. This report analyzes the project s consistency with the existing streetscape, neighborhood compatibility, and the parking demand and supply for the establishment. The analysis contained in this report concludes that the project, as conditioned, will not have an adverse impact to the surrounding area. Accordingly, the recommendation in this report is for the approval of the Open Air Dining Permit, Extended Hours Permit, and waiver of 16 code-required parking spaces. BACKGROUND The subject property has been operating as a restaurant use since 1985. On August 27,1997 (PC Resolution 1025), the Planning Commission approved a Development Plan Review (DPR) to allow 720 square feet of open air dining on private property and an Extended Hours Permit at the subject property for Chez Gilles restaurant. The Extended Hours Permit allowed the restaurant to receive patrons during the hours of 11:00 AM 10:00 PM, Sunday Thursday, and 11:00 AM 11:00 PM, Friday however, the Extended Hours Permit expired on September 11, 1998. The approval also included a waiver of 16 code-required parking spaces for the open air dining on private property. In 2003, Urth Caffe began occupying the site and operated with open air dining on private property as permitted by the 1997 DPR. On February 23, 2005 (PC Resolution 1368), the Planning Commission approved an Open Air Dining Permit and modification to the previously approved 1997 DPR for Urth Caffe restaurant. The approval consisted of expanding the open air dining area by 237 square feet into the public right-of-way. The Planning Commission also waived six (6) parking spaces for open air dining on the public right-of-way1. After the approval of the expansion, the subject property had a total of 957 square feet of open air dining areas. An Extended Hours Permit was not requested; therefore, extended hours were not allowed at Urth Caffe restaurant. On April 6, 2006 (PC Resolution 1419), the Planning Commission extended the 2005 Open Air Dining Permit and DPR until February 23, 2007, required that the applicant apply for an extension of the permit 60 days prior to the expiration date, and permitted extension of the permit for additional one-year terms through annual renewal hearings conducted by the Director of Community Development. However, the permit was not renewed and the prior approvals have since expired. The applicant applied for a new Open Air Dining Permit after Urth Caffe was notified on October 4, 2017, of their expired Open Air Dining Permit by the City s Community Development Department as part of an effort to bring all restaurants with open air dining into compliance with the Beverly Hills Municipal Code2. 1 The current Beverly Hills Municipal Code (BHMC) does not require additional parking for open air dining on public property. Please see 10-3-2730 B.8 of the BHMC. 2 Per 10-3-3501 of the BHMC, open air dining established on the public right of way or on private property requires an open air dining permit. 152

Planning Commission Report 267 South Beverly Drive (Urth Caffe Restaurant) July 12, 2018 Page 3 0113 The previous approvals allowed for 720 square feet of open air dining on private property and 237 square feet of open air dining on the public right-of-way for a total of 957 square feet. Currently, Urth Caffe has a total of 726 square feet of open air dining on private property and a total of 226 square feet of open air dining on the public right-of-way, for a total of 952 square feet of open air dining. The six square foot difference of open air dining on private property could be attributed to inaccurate measurements, as the approved 2005 plans do not demonstrate how 720 square feet of open air dining was calculated. In addition, the approved railing configuration from the 2005 plans was a rectilinear shape and the existing tailing configuration has a chamfered corner at the southern end resulting in an 11 square foot reduction of open air dining on the public right-of-way. File Date Application Complete CEQA Determination CEQA Deadline Permit Streamlining Applicant(s) Owner(s) Representative(s) Registered Legislative Advocate(s) Prior PC Action (Attachment D) 11/22/2017 06/08/2018 Class 1 Categorical Exemption 60 Days from CEQA Determination Take action on project within 60 days of CEQA determination Urth Caffe Associates IV, LLC 267 South Beverly Drive, LLC Victor Corona, VMC Architects Victor Corona Resolution 1025 (8/27/1997) Approved a DPR and Extended Hours Permit to allow Chez Gilles restaurant to operate open air dining consisting of 14 tables and 40 chairs on 720 square feet of private property, an Extended Hours Permit to receive patrons until 10:00 PM Sunday Thursday and until 11:00 PM Friday Saturday, and a waiver of 16 parking spaces. Resolution 1368 (2/23/2005) Approved an Open Air Dining Permit and DPR Modification to allow Urth Caffe restaurant to expand its existing open air dining area. The open air dining area consisted of seven (7) tables and 18 chairs on 237 square feet of the public rightof-way. A waiver of six parking spaces was also granted for open air dining on the public right-of-way. Resolution 1419 (4/6/2006) Approved an extension of an Open Air Dining Permit and DPR to continue to allow 720 square feet of open air dining on private property consisting of 14 tables and 40 chairs as well as 237 square feet of open air dining on the public right-of-way consisting of 7 tables and 18 chairs. Prior Council Action No prior Council action taken. PROPERTY AND NEIGHBORHOOD SETTING Property Information Address 267 South Beverly Drive 153

Commercial 9PM, 6PM, Planning Commission Report 267 South Beverly Drive (Urth Caffe Restaurant) July 12, 2018 Page 4 of 13 Assessors ID No. Zoning District General Plan Existing Land Use(s) Lot Dimensions & Area Year Built Historic Resource Adjacent Zoning and North South East West 4328-034-012 C-3 Commercial Zone Commercial (Low Density General) Commercial 50 x 1101(5,500 square feet) 1936 The subject building was not designed by a Master Architect and has not been identified as a potential resource by any of the City s historic assessment surveys. Land Uses C-3 Commercial (Offices, Retail and Restaurants) C-3 Commercial (Offices, Retail and Restaurants) C-3 (Offices, Retail and Restaurants) R-1.5X One-Family Residential Zone (Single Family Homes) Circulation and Parking Adjacent Street(s) Adjacent Alleys Parkways & Sidewalks Parking Restrictions Gregory Way I 5 -wide, one-way south alley to the west of the subject property, parallel to South Beverly Drive South Beverly Drive sidewalk/parkway: 12-5 from face of curb to property line 200 Block of South Beverly Drive: West and East sides: Metered Parking with 1-hour parking, 8AM 6PM, Monday Saturday and 3-hour parking 6PM 9PM, Monday Saturday and 12PM 6PM on Sundays 300 Block of South Beverly Drive: West and East sides: Metered Parking with 1-hour parking, 8AM 6PM, Monday Saturday and 3-hour parking 6PM Monday Saturday and 12PM 6PM on Sundays Gregory Way between South Beverly Drive and the alley west of South Beverly Drive: North side: 2-hour metered parking, 8AM 6PM, except Sunday South side: Red curb, no stopping any time Gregory Way between the alley west of South Beverly Drive and South El Camino Drive: North and South sides: 2-hour parking, 8AM except Sunday 200 Block of South El Camino Drive: West and East sides: No parking anytime, Permit D Exempt 300 Block of South El Camino Drive: West and East sides: No parking any time except by permit 154

Planning Commission Report 267 South Beverly Drive (Urth Caffe Restaurant) July 12, 2018 Page 5 of 13 Gregory Way between South Beverly Drive and the alley east of South Beverly Drive: North side: (2) 20-minute metered parking and (1) 2-hour parking meter, 8AM 6PM, except Sunday South side: Red curb, no stopping any time Gregory Way between the alley east of South Beverly Drive and South Reeves Drive: North and South sides:1-hour parking 8AM 2:30AM daily, Permit Q exempt Nearest Intersection Circulation3 Alternative Transportation South Beverly Drive and Gregory Way South Beverly Drive is a minor arterial street. Gregory Way is a local street. Public transportation: LA Metro Bus Line 14 has a bus stop located on the south west corner of the intersection of South Beverly Drive and Gregory Way Bike share: City of Beverly Hills Bike Share station is located on the north east corner of the intersection of South Beverly Drive and Gregory Way4. Bike racks: 300 Block of South Beverly Drive, south of Gregory Way West side: One (1) City of Beverly Hills bike rack East side: One (1) City of Beverly Hills bike rack This information was obtained from the California Department of Transportation (Caltrans), California Road System (CRS) Map 13V22. More information regarding the Beverly Hills Bike Share program can be found online at http://beverlyhillsbikeshare.com/ 155

c2 Planning Commission Report 267 South Beverly Drive (Urth Caffe Restaurant) July 12, 2018 Page 6 of 13 Figure 1. Project site outlined in blue. Source: City of Beverly Hills GIS Neighborhood Character The project site is located on the west side of the 200 block of South Beverly Drive, approximately 100 feet north of the intersection of Gregory Way. Along this portion of South Beverly Drive, properties are developed with a variety of retail, restaurants, personal services, and general offices. There is a commercial office to the north, restaurant to the east, retail to the south, and single-family residential neighborhood to the west of the project site. A 15-footwide alley that separates commercial properties along South Beverly Drive from single-family residential properties along South El Camino Drive is located immediately west of the project site. Therefore, the project site is considered to be in a commercial-residential transition area because it is located within 170 of a residential zone5. PROJECT DESCRIPTION Open Air Dining on Private Property The proposed project consists of allowing the continued operation of 726 square feet of open air dining on private property consisting of 22 tables, 45 chairs, 3 wall-mounted heaters, 2 freestanding heaters, and 5 umbrellas. Speakers are not proposed in the open air dining area on private property. The applicant is requesting a waiver of 16 code-required that would otherwise be required for the existing 726 square feet of open air dining on private property. spaces Commercial-Residential Transition Area: BHMC 1 0-3-1 951 defines the transition area as that portion of a commercial zone that is located within one hundred seventy feet (170 ) of either a residential zone or the RMCP zone. 156

I - - Planning Commission Report 267 South Beverly Drive (Urth Caffe Restaurant) July 12, 2018 Page 7 of 13 Open Air Dining on the Public Right-of-Way The proposed project also consists of allowing the continued operation of 226 square feet of open air dining on the public right-of-way, adjacent to South Beverly Drive. The open air dining on the public right-of-way will consist of eight (8) tables, 16 chairs, 2 freestanding heaters, and 4 umbrellas. The open air dining area on the public right-of-way will continue to be separated from the public sidewalk by a white metal railing. The open air dining area on the public right-of-way does not propose the use of speakers or planters. The Beverly Hills Municipal Code (BHMC) does not require additional parking for open air dining located on the public right-of-way. Extended Hours The applicant is also requesting an Extended Hours Permit to operate during extended hours on both weekdays and weekends. BHMC Article 19.5 limits the hours a commercial use, that is located in a commercial-residential transition area, can receive patrons between the hours of 7:00 AM 10:00 PM on weekdays and between 9:00 AM 10:00 PM on weekends unless an Extended Hours Permit is approved. The proposed hours of operation for Urth Caffe are 6:00 AM to 11:00 PM, Sunday Thursday and 6:00 AM to 12:00 AM, Friday Saturday..1_I -, t_ii, II,II..IU :2,OtA,. I II r1 V I -- I I Existing Kitchen 1941 P1)51 U > 0 >. cs w > w U Employee Lounge PAR1 S, SICH MUS ROOM HEATER TSP. FOR 2 TOWER HEATER TYPFOR2 F WALL MOUNTED RADIANT HEATER 7777 INTERIOR BAR & TSP FOR 3 DiNING AREAS 385 S.F. - Open Air Dining Key Private Property 726 sq. IF Public Right-of-Way 226 sq. 6. URTH CAFFE BEVERLY HILLS FLOOR PLAN Figure 2. Urth Caffe Open Air Dining Floor Plan 157

Thursday Planning Commission Report 267 South Beverly Drive (Urth Caffe Restaurant) July 12, 2018 Page 8 of 13 REQUIRED ENTITLEMENTS As proposed, the project requires the following entitlements in order to continue operations: Open Air Dining Permit: Required for the existing 726 of open air dining on private property and for the 236 square feet of open air dining on the public right-of-way. The applicant is also requesting that the Planning Commission determine that the parking demand for the 726 square feet of open air dining area on private property can be met by other means, and additional parking not be required for the open air dining area on private property. Extended Hours Permit: An Extended Hours Permit is being requested to allow Urth Caffe to operate beyond the standard hours of operation for a property located in a commercial-residential transition area. The proposed hours of operation are 6:00 AM to 11:00 PM, Sunday and 6:00 AM to 12:00 AM, Friday Saturday. GENERAL PLAN POLICIES6 The General Plan includes numerous goals and policies intended to help guide development in the City. Some policies relevant to the Planning Commission s review of the project include: Policy Land Use (LU) 2.1 City Places: Neighborhoods, Districts, and Corridors. Maintain and enhance the character, distribution, built form, scale, and aesthetic qualities of the City s distinctive residential neighborhoods, business districts, corridors, and open spaces. Policy LU 5.5 Walkable Neighborhoods. Maintain sidewalk, parkways, street trees, and landscaping in residential neighborhoods to promote walking as an enjoyable and healthy activity and an alternative to automobile use. Policy LU 9.1 Uses for Diverse Customers. Accommodate retail, office, entertainment, dining, hotel, and visitor-serving uses that support the needs of local residents, attract customers from the region, and provide a quality experience for national and international tourists. Policy LU 11.3 Retail Street Frontages. Require that development and street frontages in districts containing retail uses be designed and developed to promote pedestrian activity including: (a) location and orientation of the building to the sidewalk; (b) transparency of and direct access to the ground floor elevation from the sidewalk; (c) articulation of street facing elevations to promote interest and sense of quality; (d) inclusion of uses and public spaces that extend interior functions to the sidewalk such as cafes and plazas; and (e) use of pedestrian oriented signage and lighting. 6 The City of Beverly Hill s General Plan document is available online at http://www.beverlyhills.orq/business/developmentconstruction/qeneraiplan/qenerallandocumenu 158

Planning Commission Report 267 South Beverly Drive (Urth Caffe Restaurant) July 12, 2018 Page 9 of 13 Policy LU 12 Business Districts Adjoining Residential Neighborhoods. Compatible relationships between commercial districts and corridors and adjoining residential neighborhoods, assuring that the integrity, character and quality of both commercial and residential areas are protected and public safety and quality of life are maintained. Policy LU 12.1 Functional and Operational Compatibility. Require that retail, office, entertainment, and other businesses abutting residential neighborhoods be managed to assure that businesses do not create an unreasonable and detrimental impact on neighborhoods with respect to safety, privacy, noise, and quality of life by regulating hours of operation, truck deliveries, internal noise, staff parking and on-site loitering, trash storage and pick-up and other similar business activities. Policy LU 14.7 Public Health. Promote the health of residents by developing streetscapes, bikeways, accessible parklands that encourage pedestrian activity, and requirement that development be located and designed to promote walking and bike riding as alternatives to automobile use. Policy LU 15.2 Priority Businesses. Retain and build upon the key business sectors contributing to the City s identity, economy, and revenue for resident services, such as entertainment-related Class-A offices, high-end retail and fashion, restaurant, hotel, technology, and supporting uses. ENVIRONMENTAL ASSESSMENT The subject project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA) (Public Resources Code Sections 21000 et seq.), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.), and the environmental regulations of the City. Upon review, the project appears eligible for a Class I Categorical Exemption (Existing Facilities) in accordance with the requirements of Section 15301 of the State CEQA Guidelines. This exemption is applicable to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The project s limited changes to an existing commercial building consisting of open air dining and associated furniture would not result in any significant environmental impacts. Accordingly, staff recommends that the Planning Commission find the project exempt from further review under CEQA. 159

Planning Commission Report 267 South Beverly Drive (Urth Caffe Restaurant) July 12, 2018 Page 10 of 13 PUBLIC OUTREACH AND NOTIFICATION Type of Notice Required Period Actual Period Required Actual Date Date Newspaper Notice N/A N/A N/A N/A Mailed Notice 20 Days 21 Days 6/23/18 6/22/18 (Owners & Occupants 1,000 Radius + block face +ground floor business within 50 ) Property Posting 20 Days 21 Days 6/23/18 6/22/18 Agenda Posting 72 Hours 7 Days 7/9/18 7/5/18 Website (Agenda) 72 Hours 7 Days 7/9/18 7/5/18 Public Comment Public notice for the Planning Commission hearing was provided on June 22, 2018 in the form of direct mailing and on-site posting (Attachment E). As of the writing of this report, staff has received a total of five inquiries. Two of the inquiries wanted clarification on what Urth Caffe was requesting and did not make any comments on the project. Three comments expressed concerns regarding the applicant s waiver of parking and extended hours request (Attachment F). Specifically, the comments expressed concerns on the cumulative impacts of waivers of parking and parking demand and supply on South Beverly Drive. ANALYSIS7 Project approval, conditional approval, or denial is based upon specific findings for each discretionary application requested by the applicant. The specific findings that must be made in order to approve the project are provided as Attachment B to this report, and may be used to guide the Planning Commission s deliberation of the subject project. In reviewing the requested entitlements, the Commission may wish to consider the following information as it relates to the project and required findings. Open air dining on private property is required to provide parking at a rate of one space per 45 square feet of floor area for sites that exceed 1,000 square feet of bar and dining areas. Urth Caffe has 726 square feet of open air dining on private property, 226 square feet of open air dining on the public right-of-way and 385 square feet of interior bar and dining areas. Therefore, Urth Caffe has a total of 1,337 square feet of bar and dining areas, requiring a parking rate of one space per 45 square feet of floor area. The 726 square feet of open air dining on private property requires a total of 16 parking spaces. Open air dining on the public right-of-way does not require The information provided in this section is based on analysis prepared by the report author prior to the public hearing. The Planning Commission in its review of the administrative record and based on public testimony may reach a different conclusion from that presented in this report and may choose to make alternate findings. A change to the findings may result in a final action that is different from the staff recommended action in this report. 160

the Planning Commission Report 267 South Beverly Drive (Urth Caffe Restaurant) July 12, 2018 Page 11 ofj3 additional parking8. Pursuant to BHMC 10-3-2730 B.89, the Planning Commission has the authority to modify or waive the parking requirements for open air dining on private property if certain findings are made. Therefore, the applicant seeks waiver of the 16 additional parking spaces required by the 726 square feet of open air dining on private property. Open Air Dining. Open air dining, particularly on the public right-of-way, has not always been an allowed use within the City. However, the City Council, through the General Plan and various ordinances, has established policies and regulations to encourage the establishment of open air dining. Open air dining is considered to be a beneficial use within commercial areas because it enhances the pedestrian experience. Open air dining also increases the vibrancy of the surrounding streetscape. These benefits have led to the City adopting policies in the BHMC to encourage restaurants to install open air dining areas. Such policies include a code provision that allows for the installation of open air dining on public property without requiring additional parking and allowing the Planning Commission to modify or waive the parking requirements for open air dining on private property. In order to carry out the City s goal to activate streets and encourage pedestrian activity, staff recommends that the Commission consider the policies that were established and the positive effects that open air dining has had on South Beverly Drive, creating an active pedestrian area in which the restaurants are an essential contributor to the active retail street environment. Neighborhood Compatibility. Urth Caffe has been operating at the subject site with ancillary open air dining on private property since 2003. In 2005, Urth Caffe was granted approval to expand its open air dining area into the public right-of-way. The existing railing enclosing the open air dining area on the public right-of-way will be maintained. This railing extends 4-9 into the 12-5 wide sidewalk along South Beverly Drive. The existing railing maintains a minimum clearance of 5-0 from the northern tree well, a 5-0 clearance from the existing light post, and a 5 -l clearance from the southern tree well. Therefore, the railing configuration meets all code required clearances so that the orderly flow of pedestrians along South Beverly Drive will not be impacted. In addition, the existing railing prevents the restaurant from informally expanding the amount of public sidewalk area used for open air dining. Although the current OAD application does not expand the size of the open air dining area, an expansion in the number of seats is included in the request. The number of seats would increase by three (3) from 58 to 61 when compared to the previous approvals. City records indicate that there have been a total of 4 code enforcement cases associated with Urth Caffe s open air dining area. All four cases were complaints regarding smoking in or near Urth Caffe s open air dining area. However, since the City Council s recent ordinance that prohibits smoking in all open air dining areas located on private or public 8 BHMC 10-3-2730 B.7.: Open air dining on public property: No additional parking required. BHMC 10-3-2730 B.8.: Open air dining on private property:... Planning Commission may establish parking requirements for open air dining areas that are different than those set forth in this section if the Planning Commission determines that the open air dining area will generate a need for parking different than the amount of parking required by this section or the Planning Commission determines that parking demand will be met by means other than those means specified in this section. 161

11:00 Thursday Saturday. Planning Commission Report 267 South Beverly Drive (Urth Caffe Restaurant) July 12, 2018 Page 12 of 13 property, no additional complaints have been received by the City10. Staff also reviewed Beverly Hills Police reports for the past five years, however, after reviewing the information in the reports with Police staff, the incidents listed in the report did not demonstrate any direct relationship to the operation of Urth Cafte s open air dining area (Attachment G). According to the applicant, Urth Caffe has been operating during extended hours for the past 13 years without approval (Attachment H). Urth Caffe has been operating from 6:00 AM PM, Sunday and 6:00 AM 12:00 AM, Friday City records indicate that since 2007, only one code enforcement case has been associated with Urth Caffe operating extended hours. Specifically, the compliant was regarding restaurant deliveries occurring as early as 6:00 AM. Staff review of the Police reports for the past five years did not indicate a direct relationship between incidents reported to the police and Urth Caffe operating during the extended hours period. In addition, the use of speakers is not allowed within the open air dining area, which could reduce the potential for the disturbance to the single-family residential properties located at the rear of the subject property. Lastly, if it is necessary to further mitigate impacts to the residential uses located across the alley, staff proposes a condition (Draft Condition #13) that reserves the City s jurisdiction to re-evaluate the project at a Planning Commission hearing should any unanticipated noise, traffic, or delivery impacts arise. Parking Waiver. The City s code-required parking standards for open air dining are based on the average parking demand expected to be generated by a dining establishment. However, the restaurant use has existed at the subject site since 2003 and the open air dining areas do not substantially deviate from what has been approved by the Planning Commission in the past. Urth Caffe has a total of 8 legal nonconforming parking spaces, located at the rear of the site that are restricted to Urth Caffe employees. In order to provide its employees with additional parking, Urth Caffe has been leasing seven (7) parking spaces at the City s Public Parking facility located at 241 North Canon/242 North Beverly Drive since September 15, 2014 (Attachment I). Urth Caffe also leases three parking spaces at 100 North Crescent Drive since June 21, 2016. In addition to the leased parking spaces, the applicant has indicated that Urth Caffe has a company carpool program used by six (6) employees, and for those employees that do not utilize the program, Urth Caffe provides bus passes (a total of 2 employees) (Attachment J). In order to determine Urth Caffe s patron parking demand, the restaurant conducted a Patron Parking survey on Friday, May 25th and on Saturday, May 26th from 12:00PM to 2:30PM and from 5:00PM to 11:00PM (Attachment K). During their lunch hours, survey results concluded that the majority of their patrons traveled by foot from nearby businesses or residences. During their evening hours, survey results concluded that the majority of their patrons also traveled by foot from nearby businesses or residences, or used Urth 10 On May 5, 2017 the City Council passed Ordinance 17-0-2730 which prohibited smoking in all open air dining areas located on private or public property, including the public right-of-way. In addition, smoking is prohibited within twenty (20 ) of an open air dining area, except smoking will be allowed if, and only if, he smother is actively passing by the open air dining area. Notwithstanding this prohibition, smoking shall be allowed in up to twenty five percent (25%) of contiguous deck space surrounding hotel swimming pools. 11 According to the applicant, Urth Caffe has a total of 22 employees. 162

Saturday Planning Commission Report 267 South Beverly Drive (Urth Caffe Restaurant) July 12, 2018 Page 13 of 13 Caffe s valet services. Urth Caffe operates a shared valet service, with Sushi Kiyono restaurant located at 255 South Beverly Drive, for its patrons from 6:00 PM 12:00 AM, Monday (Attachment L). The valet service has three dedicated loading spaces located in front of 259 South Beverly Drive and 255 South Beverly Drive; all patron vehicles are parked offsite at 216 South Beverly Drive. Furthermore, there are two 10-minute customer loading zones adjacent to Urth Caffe that may serve in helping patrons pick-up online orders from Urth Caffe. Urth Caffe also operates its own food delivery services from 9:00 AM 9:00 PM, Monday Sunday and dedicates 2 of the existing eight parking spaces, located at the rear of the project site, for this service. Lastly, customers can also use third party online delivery services that are encouraged to use the two 10-minute customer loading zones adjacent to Urth Caffe. Based on 1) the history of successful operation of the open air dining area, which has existed at the site for Urth Caffe since 2003 with very limited incidents of operational issues reported to City Code Enforcement or Police; 2) Urth Caffe s extensive parking management program, which includes 10 off-site parking spaces for employees, carpooling and bus passes; and 3) the restaurant s provision of valet services for patrons and food delivery operations, staff s analysis concludes that the 16 parking spaces that would otherwise be required for the open air dining on private property will not be necessary for continued operation of the restaurant. NEXT STEPS It is recommended that the Planning Commission conduct the public hearing and adopt the attached resolution conditionally approving the Open Air Dining Permit, Extended Hours Permit, and waiver of 16 code-required parking spaces associated with the open air dining on private property. Alternatively, the Planning Commission may consider the following actions: 1. Deny the project, or portions of the project, based on specific findings. 2. Direct staff or applicant as appropriate and continue the hearing to a date (un)certain, consistent with permit processing timelines. Report Reviewed By: g n 1/ ohlich, AICP, City Planner 163

Planning Commission Report 267 South Beverly Drive (Urth Caffe Restaurant) July 12, 2018 Attachment A Draft Resolution 164

11:00 Thursday RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BEVERLY HILLS CONDITIONALLY APPROVING AN OPEN AIR DINING PERMIT, AN EXTENDED HOURS PERMIT, AND WAIVING SIXTEEN REQUIRED PARKiNG SPACES FOR THE PROPERTY LOCATED AT 267 SOUTH BEVERLY DRIVE (URTH CAFFE RESTAURANT) (PL173 0240). determines as follows: The Planning Commission of the City of Beverly Hills hereby finds, resolves, and Section 1. Victor Corona, on behalf of Urth Caffe Associates IV, LLC (the Applicant ), has submitted an application for an Open Air Dining Permit, Extended Hours Permit, and a waiver of 16 parking spaces in connection with Urth Caffe restaurant located at 267 South Beverly Drive (Urth Caffe) (the Project ). The Open Air Dining Permit will allow 726 square feet of open air dining on private property consisting of 22 tables, 45 chairs, five (5) umbrellas, and three (3) wall-mounted heaters, as well as 226 square feet of open air dining on the public right-of-way consisting of 16 chairs, eight (8) tables, four (4) umbrellas, and four (4) freestanding heaters. The open air dining allowed at the project site will total 952 square feet. The portion of open air dining on the public right-of-way will be enclosed by a railing. The Extended Hours Permit will allow Urth Caffe to operate during extended hours on weekdays and weekends. The proposed hours of operation are 6:00 AM PM, Sunday and 6:00 AM to 12:00 AM, Friday Saturday. In conjunction with the request for an Open Air Dining Permit, the Applicant requests that 16 parking spaces that would otherwise be required for the open air dining area on private property be waived pursuant to Beverly Hills Municipal Code (BHMC) 10-3- 2730 B.8. 165

Section 2. The Project has been environmentally reviewed pursuant to 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 environmental guidelines. A Class 1 Categorical Exemption has been issued pursuant to CEQA Guidelines Section 15301 (Existing Facilities) for limited changes to an existing commercial building consisting of open air dining and associated furniture, and the Project is therefore exempt from further review under the provisions of CEQA. Section 3. Notice of the Project and public hearing was mailed on June 22, 2018 to all property owners and residential occupants within a 1,000-foot radius, including blockface of the Project site and to all ground-floor businesses within 50 of the Project site. A notice was also posted on the property along the street frontage of South Beverly Drive on June 22, 2018. On July 12, 2018, the Planning Commission considered the application at a duly noticed public meeting. Evidence, both written and oral, was presented at said meeting. Section 4. In considering the application for an Open Air Dining Permit and waiver of parking, the Planning Commission considered whether it could make the following findings in support of the Project pursuant to BHMC 10-3-3505 and BHMC 10-3-2730 3.8: 1. The proposed open air dining use is consistent with the general plan and any specific plans adopted for the area; 2 166

2. The proposed open air dining use will not adversely affect existing and anticipated development in the vicinity and will promote the harmonious development of the area; 3. The nature, configuration, location, density, and manner of operation of any open air dining use proposed will not significantly and adversely interfere with the use and enjoyment of residential properties in the vicinity of the subject property; 4. The proposed open air dining use will not create any significant traffic impacts, traffic safety hazards, pedestrian-vehicle conflicts, or pedestrian safety hazards and will not impede the safe and orderly flow of pedestrians along the public right of way; 5. The proposed open air dining use will not create any significantly adverse parking impacts as a result of employee or patron parking demands; 6. The proposed open air dining use will not create any significantly adverse impacts on neighboring properties as a result of the accumulation of garbage, trash or other waste, noise created by operation of the restaurant or by employees or visitors entering or exiting the restaurant, light and glare, or odors and noxious fumes; 7. The proposed open air dining use will not be detrimental to the public health, safety, or general welfare; and 8. The proposed open air dining use will generate a need for parking different than the amount of parking required by the Municipal Code, or parking demand will be met by means other than those means specified in the Municipal Code. 3 167

10:00 Thursday, 11:00 Section 5. Based on the foregoing, the Planning Commission hereby finds and determines as follows with respect to the Open Air Dining Permit and waiver of 16 parking spaces: 1. As conditioned, the proposed open air dining area is consistent with the General Plan. Specific plans have not been adopted for the area. The General Plan designates the area for commercial uses, and restaurants and associated open air dining areas are permitted in commercial areas. The subject site has operated as a restaurant use since 1985 and has been occupied by the current restaurant since 2003. On August 27, 1997 (PC Resolution 1025), the Planning Commission approved a Development Plan Review (DPR) to allow 720 square feet of open air dining on private property and an Extended Hours Permit at the subject property for Chez Gilles restaurant. The Extended Hours Permit allowed the restaurant to receive patrons during the hours of 11:00 AM PM, Sunday and 11:00 AM PM, Friday Saturday; however, the Extended Hours Permit expired on September 11, 1998. The approval also consisted of a waiver of 16 code-required parking spaces required for the open air dining on private property. In 2003, Urth Caffe began occupying the site and operated with open air dining on private property as permitted by the 1997 DPR. On February 23, 2005 (PC Resolution 1368), the Planning Commission approved an Open Air Dining Permit and modification to the previously approved 1997 DPR for Urth Caffe restaurant. The approval consisted of expanding the open air dining area by 237 square feet into the public right-of-way. The Planning Commission also waived six (6) parking spaces for open air dining in the public right-of-way, which was required at that time. After the approval of the expansion, the subject property had a total of 957 square feet of open air dining. An Extended Hours Permit was not requested; therefore, 4 168

extended hours were not allowed at Urth Caffe restaurant. On April 6, 2006 (PC Resolution 1419), the Planning Commission extended the 2005 Open Air Dining Permit and DPR until February 23, 2007. However, the permit was not renewed and the prior approvals have since expired. Although the Open Air Dining Permit has expired, thereby necessitating the application to continue operation of the open air dining area, the permitted open air dining has been maintained at this site continuously since 1997. The proposed open air dining use is consistent with the general plan, and specifically promotes the following Land Use (LU) policies in the General Plan: Policy LU 2.1 City Places: Neighborhoods, Districts, and Corridors. Maintain and enhance the character, distribution, built form, scale, and aesthetic qualities of the City s distinctive residential neighborhoods, business districts, corridors, and open spaces. Policy LU 5.5 Walkable Neighborhoods. Maintain sidewalk, parkways, street trees, and landscaping in residential neighborhoods to promote walking as an enjoyable and healthy activity and an alternative to automobile use. Policy LU 9.1 Uses for Diverse Customers. Accommodate retail, office, entertainment, dining, hotel, and visitor-serving uses that support the needs of local residents, attract customers from the region, and provide a quality experience for national and international tourists. Policy LU 11.3 Retail Street Frontages. Require that development and street frontages in districts containing retail uses be designed and developed to promote pedestrian activity including: (a) location and orientation of the building to the sidewalk; (b) transparency of and direct 5 169

access to the ground floor elevation from the sidewalk; (c) articulation of street-facing elevations to promote interest and sense of quality; (d) inclusion of uses and public spaces that extend interior functions to the sidewalk such as cafes and plazas; and (e) use of pedestrian oriented signage and lighting. Policy LU 12 Business Districts Adjoining Residential Neighborhoods. Compatible relationships between commercial districts and corridors and adjoining residential neighborhoods, assuring that the integrity, character and quality of both commercial and residential areas are protected and public safety and quality of life are maintained. Policy LU 12.1 Functional and Operational Compatibility. Require that retail, office, entertainment, and other businesses abutting residential neighborhoods be managed to assure that businesses do not create an unreasonable and detrimental impact on neighborhoods with respect to safety, privacy, noise, and quality of life by regulating hours of operation, truck deliveries, internal noise, staff parking and on-site loitering, trash storage and pick-up and other similar business activities. Policy LU 14.7 Public Health. Promote the health of residents by developing streetscapes, bikeways, accessible parkiands that encourage pedestrian activity, and requirement that development be located and designed to promote walking and bike riding as alternatives to automobile use. 6 170

Policy LU 15.2 Priority Businesses. Retain and build upon the key business sectors contributing to the City s identity, economy, and revenue for resident services, such as entertainment-related Class-A offices, high-end retail and fashion, restaurant, hotel, technology, and supporting uses. The open air dining allows for the extension of the restaurant into the public right-ofway, which promotes pedestrian activity, and is therefore consistent with the General Plan. The subject property is not located within any specific plan. 2. As conditioned, the Project will not adversely affect existing and anticipated development in the vicinity and will promote harmonious development of the area. As previously noted, open air dining has been maintained at the project site since 1997. South Beverly Drive is a commercial corridor consisting of retail and other eating establishments, and open air dining is a common feature at eating establishments along this corridor. The open air dining areas are harmonious with such uses along South Beverly Drive and will continue to contribute to the pedestrian experience. 3. As conditioned, the Project will not interfere with the use and enjoyment of residential properties in the area because the open air dining areas are oriented toward South Beverly Drive. The existing commercial buildings on the both sides of South Beverly Drive screen the subject open air dining location from residential properties located to both the west and east of South Beverly Drive. Additionally, an alley to the rear of the site provides separation between the project location and adjacent residential sites to the west. Therefore, the proposed dining areas will have no direct exposure to residential areas. 7 171

12:00 Saturday 4. As conditioned, the Project will not create any significantly adverse traffic impacts, traffic hazards, pedestrian-vehicle conflicts or pedestrian safety hazards. The open air dining areas will not affect the South Beverly Drive roadway. There is no driveway for vehicles to access the site from South Beverly Drive, therefore the open air dining areas will not cause any traffic safety hazards or pedestrian-vehicle conflicts. The existing open air dining configuration located on the public right-of-way is in accordance with the City s development standards that establish minimum clearances for the safe passage and flow of pedestrians around the open air dining area. The existing railing enclosure provides a physical delineation between the dining area and the five-foot-wide minimum clearance for pedestrians to safely pass. The fixed railing will also continue to limit the ability of the subject restaurant to informally expand the amount of public sidewalk area used for open air dining. 5. As conditioned, the Project will not create any significantly adverse parking impacts as a result of employee or patron parking demand. The existing restaurant has a total of 8 legal nonconforming parking spaces located at the rear of the subject property that are reserved for Urth Caffe employees and delivery vehicles. In addition, Urth Caffe has an extensive employee parking management plan that consists of leasing off-site parking spaces, carpool program, and providing bus passes. furthermore, patrons during peak lunch and peak dinner hours typically travel by foot from nearby businesses and residences. Lastly, Urth Caffe offers valet services from 6:00 PM AM, Monday in order to facilitate the parking of patron vehicles in leased spaces located at an off-site location. Therefore, the open air dining 8 172

will not create any significantly adverse parking impacts as a result of employee or patron parking demands. 6. As conditioned, the Project will not significantly and adversely affect neighboring properties due to the accumulation of garbage, trash, or other waste; noise created by operation of the dining area or by employees or visitors entering or existing the site; light and glare; odors or noxious fumes. The open air dining use must be maintained daily in accordance with BHMC requirements and more specifically, the Transitional Use Standards in Article 19.5; and will therefore not result in the accumulation of garbage, trash, or other waste. The open air dining on private property is located approximately 95 from the nearest single-family residential properties to the west and the open air dining on the public right-of-way is located approximately 125 from the nearest single-family residential properties to the west. The nearby residential properties will be screened from the open air dining area by the existing building, and therefore, will not be significantly and adversely affected by light and glare, odors or noxious fumes. 7. As conditioned, the proposed open air dining will not be detrimental to the public health, safety, or general welfare. The proposed open air dining use has been designed in accordance with, and is conditioned to comply with, all applicable development standards for the safe and orderly flow of pedestrians. Furthermore, in addition to being compatible and harmonious with other open air dining establishments along the South Beverly Drive corridor, the proposed open air dining area will contribute to the village atmosphere and pedestrian experience. Therefore, the open air dining use will not be detrimental to the public health, safety, or general welfare. 9 173

Saturday Sunday, 8. The proposed open air dining use will generate a need for parking different than the amount of parking required by the Municipal Code, and will be met by other means other than those specified in the Municipal Code. As stated previously, open air dining on a combination of public and private property has existed at the subject property since 2005. The existing restaurant and proposed open air dining represent a neighborhood-serving use that attracts patrons from the nearby local businesses and residential properties. While the 226 square feet of open air dining on public property does not require additional parking, the parking demand for the 726 square feet of open air dining on private property can continue to be met by means other than the 16 spaces required by the BHMC. Employee parking demand can be met through the existing 8 parking spaces located at the rear of the subject property, leased off-site parking spaces, company carpool program, and bus passes. In order to accommodate patron demand, the Applicant provides valet parking after 6:00 PM, Monday and the valet uses an off-site parking location. Off-site parking is also available at street meters as well as the City s parking structure located at 216 South Beverly Drive. The applicant operates food delivery services from 9:00 AM 9:00 PM, Monday which also alleviates patron parking demand. Additionally, the use is located within a pedestrian-oriented corridor where lunch patrons often do not drive to the restaurant, but rather walk from adjacent office buildings or from nearby residences. As a result of the availability of on- and off-site parking options, incentives offered to employees for alternative modes of transportation, the applicants food delivery services and the typical mode of transportation utilized by patrons, the proposed open air dining use will generate a 10 174

lower need for parking than required by the BHMC, and will be served by a variety of parking options different from those specified in the BHMC. Therefore, a waiver of 16 parking spaces for open air dining areas on private property is appropriate. Section 6. In reviewing the request for an Extended Hours Permit, the Planning Commission considered whether the Project would result in the following: 1. The accumulation of garbage, litter, or other waste, both on and off of the subject site; 2. Noise created by the extended hours operation or by employees or visitors entering or exiting the extended hours operation; 3. Light and glare; 4. Odors and noxious fumes; 5. Pedestrian queuing; 6. Crime or peril to personal safety and security; 7. Use of residential streets for parking which is likely to cause activity associated with the subject extended hours operation to intrude substantially into a residential area; 8. Effects on traffic volumes and congestion on local residential streets; and 9. Cumulative impacts relating to the existing concentration of extended hours operations in the vicinity of the proposed extended hours operation. Section 7. Based on the foregoing, the Planning Commission hereby finds and determines as follows with respect to the Extended Hours Permit: I 175

Thursday Saturday, 1. Collection of garbage, litter, and other waste will be carried out by restaurant staff during regular operation of the restaurant. The increased operating hours would be accommodated by existing resources and staff, and the proposal is not anticipated to result in the accumulation of garbage, litter, or other waste. 2. The subject property is surrounded by commercial development to the north, east, and south. Single-family residential development is located across the alley to the west of the project site. Extended hours restaurant operations will take place toward the front of the site, fronting on South Beverly Drive, with the existing rear parking lot and the 15-foot rear alley providing a buffer between the commercial and residential uses. In order to further decrease any potential noise impacts to the residential properties, no speakers will be permitted in the open air dining area. Therefore, the extended hours operation will not result in adverse impacts to surrounding properties. 3. The proposed extended hours will not result in any added light and glare beyond what has existed at the subject property. The subject property is located on a commercial street, and all operations generating light will occur along South Beverly Drive, away from the single-family residential properties located west of the subj ect property. 4. The proposed extended hours would not result in any added odors or noxious fumes beyond what would otherwise exist from the operation of the restaurant. Therefore, the extension of the hours of operation until 11:00PM, Sunday and until 12:00 AM, Friday related odors and noxious fumes. will not create any adverse impacts 12 176

Thursday Saturday. 5. The project operates in a seat-yourself manner and has sufficient interior and exterior waiting areas. In addition, patrons waiting for their vehicles will occur within the open air dining area. Therefore, no adverse impacts related to pedestrian queuing will occur as a result of the project. 6. The project is conditioned to stop receiving new patrons after 10:30 PM, Sunday and after 11:30 PM, Friday The open air dining on the public right-of-way will be enclosed with a railing and will prevent patrons from congregating on the public sidewalk. Therefore, the proposal is not anticipated to result in added crime or peril to personal safety and security. 7. The applicant will provide valet parking, which will reduce the amount of patron parking demand on nearby residential streets. During extended hours, street metered parking becomes more available on South Beverly Drive. In addition, nearby residential streets have permit parking only restrictions. In the event that a patron does not use valet parking, sufficient public parking exists along South Beverly Drive to accommodate patrons. For these reasons, the extended hours use will not result in parking intrusion into the residential areas. 8. The subject property is located on South Beverly Drive, which is a minor arterial commercial street. Restaurant operations during extended hours will primarily generate vehicle trips on commercial streets. Furthermore, traffic volumes after 10:00 PM are typically low, and the City s streets can accommodate the extended hours operation without impacts on traffic volumes and congestion on local residential streets. 13 177

9. The 200 block of South Beverly Drive is a commercial street primarily comprised of retail, office uses, and restaurant uses that generally do not operate beyond 10:00 PM. Therefore, the proposed project will not result in a concentration of extended hours operations within the vicinity of the subject property. Section 8. Based on the foregoing, the Planning Commission hereby approves the Open Air Dining Permit, Extended Hours Permit, and waiver of 16 parking spaces, subject to the following conditions: 1. The conditions set forth in this resolution incorporate all applicable conditions previously imposed on the subject property pursuant to Planning Commission Resolution Nos. 1025, 1368 and 1419, and delete or modify conditions that are no longer applicable or require modifications to reflect present circumstances. Therefore, this resolution and the conditions set forth herein shall supersede Planning Commission ResolutionNos. 1025, 1368 and 1419. 2. This approval is for those plans submitted to the Planning Commission on July 12, 2018, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval. [New Condition]. 3. Open Air Dining on private property shall be limited to 726 square feet consisting of 45 chairs, 22 tables, 5 umbrellas and 3 wall-mounted heaters. The open air dining on the public right-of-way shall be limited to 226 square feet consisting of 16 chairs, 8 tables, 4 umbrellas, and 4 freestanding heaters. The open air dining area in the public right-of-way shall be enclosed by a physical barrier satisfactory to the 14 178

modified Director of Community Development. [Condition of Resolution No. 136$ modified herein] 4. This Resolution shall not become effective unless the Applicant prepares and the Director of Community Development approves a parking management plan. Said parking management plan shall provide, at a minimum, for all of the following: (a) adequate parking spaces to accommodate the parking needs of the open air dining area on private property; (b) adequate customer convenient zones to serve the needs of the Urth Caffe restaurant and other business on the 200 block of South Beverly Drive; (c) sufficient valet parking attendants, either through a shared valet operation with other businesses along South Beverly Drive or such other program as the Director of Community Development determines is appropriate, to serve the needs of the patrons of Urth Caffe during evening hours of operation; (d) designates valet route and location, as determined by the Director of Community Development, that would accommodate the needs of Urth Caffe while minimizing the impact to adjacent residential streets; and (e) employee incentives for utilization of public transportation and carpooling, evidence of which shall be submitted to the Director of Community Development. Such evidence shall include proof of bus passes issued to employees, as well as parking leases attesting to the provision of employee carpool parking spaces and parking spaces for any employees driving to the site in a privately-owned parking facility. In addition to the foregoing requirements, the parking management plan shall also require that the Applicant maintain a delivery service and use 3 party online delivery services to alleviate parking and traffic circulation issues created by the take out portion of the business. [Condition of Resolution No. 136$ herein] 15 179

5. The Applicant shall provide free off-street parking for employees at all times. Said employee parking shall be provided either in the spaces located at the rear of the subject building or in the available parking spaces that are provided to South Beverly Drive merchants at 216 South Beverly Drive. [New Condition] 6. The applicant shall maintain the subject area in a clean and sanitary condition, including emptying trash receptacles and sweeping the ground regularly. [New Condition] 7. All recyclable containers, including glass bottles, shall be placed in bags prior to disposal into the recyclable bin to minimize noise and odors. [ New Condition] 8. All open air dining elements, including but not limited to, freestanding umbrellas and heaters, shall not extended beyond the open air dining enclosure on the public right-of-way. [New Condition] 9. The applicant shall provide proper clearances per manufacturer requirements for the awning heaters and freestanding heaters in the open air dining area. [New Condition] 10. No speakers shall be permitted in the open air dining areas. [New Condition] 11. All rear lighting shall be shielded and oriented so that it illuminates the rear parking lot, but does not illuminate an area beyond the bounds of the project site. [New Condition] 12. Restaurant employees driving in the alley adjacent to the restaurant shall operate their vehicles in a quiet and safe manner. [New Condition] 16 180

11:00 Saturday. Thursday 12:00 Saturday. 13. The restaurant shall operate only during the hours between 6:00 AM PM, Sunday and 6:00 AM AM, Friday No new patrons shall be received after 10:30 PM, Sunday Thursday and after 11:30 PM, Friday Additionally, the Planning Commission shall have the authority to further restrict the operating hours of the open air dining or the restaurant if the Commission determines, after a noticed public hearing, that the restaurant is being operated in a manner that interferes with the quiet enjoyment of nearby residential properties and that the existing conditions of approval are inadequate to minimize the interference. [New Condition] 14. Employees shall be prohibited from congregating or smoking within the parking lot at the rear of the building at all times. [New Condition] 15. This Open Air Dining Permit shall expire five years from the date of adoption of this Resolution. Upon application by the Applicant at least 30 days prior to the expiration date, the Director of Community Development may extend the Permit for additional terms if the Director determines that the open air dining is operating in a manner substantially the same as described to the Planning Commission and approved by the Planning Commission, is abiding by the conditions imposed by the Planning Commission, and is not creating an adverse impact on the surrounding area. Any decision by the Director pursuant to this paragraph may be appealed to the Planning Commission by filing a notice of appeal with the Director in accordance with the appeal process outlined in the Beverly Hills Municipal Code. Notice of the Director s decision shall be mailed to any person who submits to the Director a written request for such notice. If the matter is appealed to the Planning Commission, the Planning Commission 17 181

shall hold a noticed public hearing on the matter in accordance with the hearing procedures set forth in the Beverly Hills Municipal Code. If neither the Planning Commission nor the Director extends the Open Air Dining Permit and Extended Hours Permit (collectively the Permit), then the Permit shall expire and all rights possessed by the Applicant under the Permit shall be terminated, and the Applicant shall immediately cease operation of the open air dining area within the 726 square foot area of private property and the 226 square foot area located on the public right-of-way. In addition, all portions of the open air dining area located on the public right-of-way shall be removed. Provided, however, that if the Applicant files an application for an extension, any existing Permit shall be extended until the City takes final action on the application. Any application for an extension of the Permit shall be subject to the application fees established by resolution of the City Council. In considering any application for an extension of the Permit, the Planning Commission or the Director may impose additional conditions of approval on the Project to ensure that the Project does not adversely impact adjacent uses or create significant impacts on the community. [New Condition] 16. The Applicant shall be required to sign an encroachment agreement with the City and pay the annual encroachment lease fee for the open air dining area located on the public right-of-way. [New Condition] 17. During Extended Hours, the Project shall comply with all operational restrictions set forth in BHMC 10-3-1956 regarding operational restrictions for a business located in a commercial-residential transition zone. [ New Condition] 18 182

1$. Minor amendments to the plans shall be subject to approval by the Director of Community Development. A significant change to the approved Project shall be subject to Planning Commission Review. Construction shall be in conformance with the plans approved herein or as modified by the Planning Commission or Director of Community Development. [New Condition] 19. APPEAL. Decisions of the Planning Commission may be appealed to the City Council within fourteen (14) days of the Planning Commission action by filing a written appeal with the City Clerk. Appeal forms are available in the City Clerk s office. Decisions involving subdivision maps must be appealed within ten (10) days of the Planning Commission Action. An appeal fee is required. 20. RECORDATION. The resolution approving an Open Air Dining Permit shall not become effective until the owner of the Project site records a covenant, satisfactory in form and content to the City Attorney, accepting the conditions of approval set forth in this resolution. The covenant shall include a copy of the resolution as an exhibit. The Applicant shall deliver the executed covenant to the Department of Community Development within 60 days of the Planning Commission decision. At the time that the Applicant delivers the covenant to the City, the Applicant shall also provide the City with all fees necessary to record the document with the County Recorder. If the Applicant fails to deliver the executed covenant within the required 60 days, this resolution approving the Project shall be null and void and of no further effect. Notwithstanding the foregoing, the Director of Community Development may, upon a request by the Applicant, grant a waiver from the 60-day 19 183

time limit if, at the time of the request, the Director determines that there have been no substantial changes to any federal, state, or local law that would affect the Project. 21. VIOLATION OF CONDITIONS: A violation of any of these conditions of approval may result in a termination of the entitlements granted herein. 22. APPROVAL RUNS WITH LAND. These conditions shall run with the land and shall remain in full force for the duration of the life of the Project. 20 184

Section 9. The Secretary of the Planning Commission shall certify to the passage, approval, and adoption of this resolution, and shall cause this resolution and his/her Certification to be entered in the Book of Resolutions of the Planning Commission of the City. Adopted: July 12, 2018 Andy Licht Chair of the Planning Commission of the City of Beverly Hills Attest: Ryan Gohlich, AICP Secretary of the Planning Commission Approved As To Form: Approved As To Content: David M. Snow Assistant City Attorney Ryan Gohlich, AICP Assistant Director / City Planner Community Development Department 21 185

July 12, 2018 186 Open Air Dining Permit: Pursuant to BHMC 70-3-3505: specified in the Municipal Code. parking required by the Municipal Code, parking demand will be met by means other than those means 8. The proposed open air dining use will generate a need for parking different than the amount of Waiver of Parking on Private Property: Pursuant to BHMC 70-3-2730 8.8: vicinity of the proposed extended hours operation. 9. Cumulative impacts relating to the existing concentration of extended hours operations in the 8. Effects on traffic volumes and congestion on local residential streets; and extended hours operation to intrude substantially into a residential area; 7. Use of residential streets for parking which is likely to cause activity associated with the subject 6. Crime or peril to personal safety and security; 5. Pedestrian queuing; 4. Odors and noxious fumes; 3. Light and glare; the extended hours operation; 2. Noise created by the extended hours operation or by employees or visitors entering or exiting 1. The accumulation of garbage, litter, or other waste, both on and off of the subject site; of any of the following: The planning commission shall grant an extended hours permit if it finds that the extended hours operation will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result Extended Hours Permit: Pursuant to BHMC 10-3-7958 (C): Requited Findings Attachment B 267 South Beverly Drive (Urth Caffe Restaurant) Planning Commission Report

Planning Commission Report 267 South Beverly Drive (Urth Caffe Restaurant) July 12, 2018 The reviewing authority shall approve an open air dining permit application if all of the following findings can be made: A. The proposed open air dining use is consistent with the general plan and any specific plans adopted for the area. B. The proposed open air dining use will not adversely affect existing and anticipated development in the vicinity and will promote the harmonious development of the area. C. The nature, configuration, location, density, and manner of operation of any open air dining use proposed will not significantly and adversely interfere with the use and enjoyment of residential properties in the vicinity of the subject property. D. The proposed open air dining use will not create any significant traffic impacts, traffic safety hazards, pedestrian-vehicle conflicts, or pedestrian safety hazards and will not impede the safe and orderly flow of pedestrians along the public right of way. E. The proposed open air dining use will not create any significantly adverse parking impacts as a result of employee or patron parking demands. F. The proposed open air dining use will not create any significantly adverse impacts on neighboring properties as a result of: 1. The accumulation of garbage, trash or other waste; 2. Noise created by operation of the restaurant or by employees or visitors entering or exiting the restaurant; 3. Light and glare; or 4. Odors and noxious fumes. G. The proposed open air dining use will not be detrimental to the public health, safety, or general welfare. 187

Planning Commission Report 267 South Beverly Drive (Urth Caffe Restaurant) July 12, 2018 Attachment C Relevant Beverly Hills Municipal Code Sections 188

10-3-1 958: EXTENDED HOURS PERMIT: 189 planning commission may impose conditions of approval on a project to ensure that the factors community within the meaning of the California environmental quality act. Such conditions may adjacent residential and commercial uses or create significant environmental impacts on the set forth under subsection C of this section will not substantially disrupt the peace and quiet of D. Conditions Of Approval: To make the findings set forth under subsection C of this section, the in the vicinity of the proposed extended hours operation. 9. Cumulative impacts relating to the existing concentration of extended hours operations 8. Effects on traffic volumes and congestion on local residential streets; and subject extended hours operation to intrude substantially into a residential area; 7. Use of residential streets for parking which is likely to cause activity associated with the 6. Crime or peril to personal safety and security; 5. Pedestrian queuing; 4. Odors and noxious fumes; 3. Light and glare; exiting the extended hours operation; 2. Noise created by the extended hours operation or by employees or visitors entering or 1. The accumulation of garbage, litter, or other waste, both on and off of the subject site; neighborhood as a result of any of the following: extended hours operation will not substantially disrupt the peace and quiet of the adjacent C. Conditions: The planning commission shall grant an extended hours permit if it finds that the application is deemed complete. The deadline may be extended upon the request of the applicant. notice guidelines. issue a decision concerning the application, within ninety (90) days following the date an for an extended hours permit. The planning commission shall conduct such heating, and shall Noticing shall be completed in accordance with article 2.5 of this chapter and the city s public B. Public Hearing: A public heating shall be held by the planning commission on all applications by that department. The city council may, by resolution, establish fees for the review of such procured an extended hours permit pursuant to the provisions of this article. Every person site located in a commercial-residential transition area in the city of Beverly Hills without having commencing or conducting any extended hours operation shall file an application for an extended hours permit with the department of planning and community development in a form prescribed applications. person to commence or conduct, either directly or indirectly, an extended hours operation on a A. Extended Hours: Except as provided in subsection H of this section, it shall be unlawful for any RESIDENTIAL USES TITLE 10, CHAPTER 3, ARTICLE 19.5: TRANSITITION BETWEEN COMMERCIAL AND

include, without limitation, restrictions or modifications to the hours of operation requested by an applicant. The planning commission shall only impose conditions related to the impacts of an operation during extended hours. E. Decision: The decision of the planning commission shall be by resolution. The applicant or any person aggrieved by the decision may appeal the decision to the city council as provided in title 1, chapter 4, article 1 of this code. The city council shall conduct a hearing on the appeal in a timely manner. F. Operative Date: The operative date of the extended hours permit shall be the fifteenth day after the date upon which the applicant receives approval of the permit, provided no appeal has been filed on a timely basis pursuant to subsection E of this section. G. Approval Upon Expiration Of Time Limit: In the event that the planning commission has not acted on an application for an extended hours permit in accordance with the time limits specified under subsection B of this section, the application shall be deemed approved upon the expiration of the time limit. An appeal period during which such approval may be appealed to the city council as prescribed in subsection E of this section shall commence upon the expiration and deemed approval date. H. Businesses Not Applicable: The provisions of this section shall not apply to any business that was legally operating during extended hours on December 27, 1996, as part of its customary weekly schedule of business operations. The provisions of this section shall also not apply to any business that was legally operating during extended hours on January 8, 1999, without the requirement of an extended hours permit, as part of its customary weekly schedule of business operations. These exemptions shall not be transferable by the existing business to a different business. For purposes of this section, a business shall be considered different from the existing business if: 1. The business has a different name, and 2. The business offers a product or type or style of service which, in the opinion of the director of planning, may result in additional patrons visiting the site during extended hours or additional vehicle trips to the site during extended hours. Changes to product or service references in the name of a business shall not be considered a change to the name of the business. Notwithstanding the foregoing, any business operating during extended hours pursuant to the exemptions set forth herein shall not expand its hours of extended hours operation in effect on January 8, 1999, except as permitted by an extended hours permit issued pursuant to this section, subject to the following exceptions: a. Such business may expand its hours of extended hours operation up until and including twelve o clock (12:00) midnight, notwithstanding a shorter period of extended hours operation in effect on January 8, 1999; b. For any such business that was subject to and qualified for the exemption specified in this subsection H, as set forth in ordinance 96-0-2270, such business may expand its hours of extended hours operation up until and including twelve o clock (12:00) midnight, 190

notwithstanding there being no hours of extended hours operation in effect on January 8, 1999. I. Exercise Of Rights Granted: Unless otherwise provided in the resolution granting an extended hours permit, the exercise of rights granted in such extended hours permit shall be exercised within one hundred eighty (180) days after the adoption of the final resolution granting such extended hours permit. The planning commission may grant a six (6) month extension of the time limit contained in this subsection, or in any resolution granting a discretionary approval, if an application therefore is made at least thirty (30) days prior to the expiration of the time limit, or any extension thereof. Such extension may be granted after a duly noticed public hearing held pursuant to the same procedures applicable to the approval of the original application, if the planning commission determines that conditions and regulations affecting development in the city have not changed in a manner that would warrant reconsideration of the findings and decision made at the time of the original approval. The time limit imposed pursuant to this subsection may not be extended beyond two (2) years after the adoption of the initial final resolution granting the extended hours permit. Any decision regarding an extension pursuant to this subsection may be appealed to the appropriate review authority in the manner provided by the same procedures applicable to the approval of the original application or, if no appeal procedures are specified, to the city council in the manner provided by title 1, chapter 4, article 1 of this code. (Ord. 96-0- 2270, eff. 11-27-1996; amd. Ord. 99-0-2324, eff. 3-19-1999; Ord. 02-0-2411, eff. 11-22-2002; Ord. 14-0-2661, eff. 6-20-2014) TITLE 10, CHAPTER 3, ARTICLE 27: OTHER USE AND BUILDING RESTRICTIONS 10-3-2730 (B): PARKING; REQUIREMENTS: 7. Open air dining on public property No additional parking required. 8. Open air dining on private property. Parking shall be provided as required for indoor dining pursuant to this section except that the planning commission may establish parking requirements for open air dining areas that are different than those set forth in this section if the planning commission determines that the open air dining area will generate a need for parking different than the amount of parking required by this section or the planning commission determines that parking demand will be met by means other than those means specified in this section TITLE 10, CHAPTER 3, ARTICLE 35: OPEN AIR DINING 10-3-35-01: OPEN AIR DINING PERMITS: A. No open air dining use shall be established in the public right of way or on private property unless an open air dining permit is approved pursuant to this article. 191

B. Parking shall be provided for all open air dining uses pursuant to the provisions of section 10-3-2730 of this chapter. C. An application for an open air dining permit shall be filed with the planning and community development department in a form prescribed by that department. D. If approved, an open air dining permit shall be valid for a period of five (5) years and may be renewed for one additional five (5) year period on the same terms and conditions as set forth in the original approval. E. The city council may establish by resolution fees for the review of such applications. ford. 11-0-2615, eff. 12-16-2011) 10-3-3502: OPEN AIR DINING IN THE PUBLIC RIGHT OF WAY; REQUIREMENTS: A. Any open air dining area proposed to be located in the public right of way shall comply with all of the following requirements: 1. A minimum distance of not less than a five foot (5 ) wide pedestrian travel aisle shall be maintained on the public right of way at all times; to assure the required pedestrian travel aisle, all open air dining areas shall be set back a minimum of five feet (5 ) from the edge of the curb and any fixed sidewalk obstruction including, without limitation, curb lines, tree wells, street trees, parking meters, water hydrants, light poles, utility equipment boxes, newspaper racks and bus benches. 2. Umbrellas located in the open air dining area shall have a minimum seven foot (7 ) clearance from the ground to the lowest element of the umbrella and shall be located completely within the open air dining areas permitted boundaries. 3. Portable heaters shall be located a minimum of three feet (3 ) from any combustible material and shall be located completely within the open air dining areas permitted boundaries. 4. Unless a permanent structure is approved pursuant to the permit, all fixtures and furniture used in an open air dining area shall be removed from the public right of way and stored out of public view during nonbusiness hours. At the discretion of the reviewing authority, open air dining areas with more than twelve (12) chairs may be required to provide a permanent barrier delineating the usable open air dining area from the remaining area of the public right of way. 5. Areas used for outdoor dining shall not extend beyond the building frontage for the associated restaurant space. 6. The material and design of the furniture and barrier, if any, shall be reviewed and approved pursuant to section 10-3-3007 of this chapter prior to installation. 7. An encroachment permit allowing establishment of an open air dining area must be obtained from the public works department in a form satisfactory to the city attorney. 192

circulation, and providing appropriate access to persons with disabilities. egress and ingress at all times, observing maximum seating capacities, providing proper 1 0-3-3503: REVIEWING AUTHORITY: 1 0-3-3505: STANDARD OF REVIEW: 193 in the vicinity and will promote the harmonious development of the area. B. The proposed open air dining use will not adversely affect existing and anticipated development adopted for the area. A. The proposed open air dining use is consistent with the general plan and any specific plans findings can be made: The reviewing authority shall approve an open air dining permit application if all of the following eff. 6-20-2014) accordance with article 2.5 of this chapter and the city s public notice guidelines. (Ord. 14-0-2661, Notices in connection with the open air dining permit approval process shall be completed in 10-3-3504: NOTICE: eff. 6-20-2014) public hearing regarding the request. (Ord. 11-0-2615, eff. 12-16-2011; amd. Ord. 14-0-2661, commission or city council for the same site area, the planning commission or city council, as appropriate, shall be the reviewing authority for the application and shall conduct a noticed accompanies an application for any other type of discretionary approval from the planning D. Notwithstanding the provisions of this section, if the application for an open air dining permit chapter and the city s public notice guidelines. reviewing authority. Public noticing shall be completed in accordance with article 2.5 of this C. A public hearing shall be held by the planning commission on all applications for which it is the of an R-1 or R-4 zone shall be the planning commission. than twelve (12) persons located on private property within one hundred seventy feet (170 ) B. The reviewing authority for an open air dining permit for an open air dining area serving more conduct a noticed public hearing regarding the request. review by the planning commission, the director may refer such application to the planning director of community development. If, in the opinion of the director, an application merits commission and the planning commission shall serve as the reviewing authority and shall A. Unless otherwise specified, the reviewing authority for an open air dining permit shall be the 16-2011) fees shall not be required to be paid during the period of suspension. (Ord. 11-0-2615, eff. 12- In the event that a permit is suspended pursuant to section 10-3-3509 of this chapter, rental B. An annual rental fee shall be imposed on the use or operation of open air dining areas located in the public right of way. The rental fee schedule shall be set by resolution of the city council. provisions of the building code, including, but not limited to, maintaining proper building 8. Areas used for open air dining in the public right of way shall comply with all applicable

hazards, pedestrian-vehicle conflicts, or pedestrian safety hazards and will not impede the safe and orderly flow of pedestrians along the public right of way. D. The proposed open air dining use will not create any significant traffic impacts, traffic safety residential properties in the vicinity of the subject property. security bond and insurance. Upon issuance pursuant to this article of an open air dining permit for a dining area in the public right of way, the permittee shall post and at all times while the permit is in existence, maintain a 10-3-3507: BONDING AND INSURANCE: may be reasonably necessary to protect the public health, safety and general welfare, and to The conditions imposed by the reviewing authority may include, but shall not be limited to: consistent with this article and the development standards for the underlying commercial zone. ensure that the proposed open air dining use is established and conducted in a manner which is 10-3-3506: OPEN AIR DINING PERMIT; CONDITIONS: welfare. (Ord. 11-0-2615, eff. 12-16-2011) the restaurant; neighboring properties as a result of: a result of employee or patron parking demands. use proposed will not significantly and adversely interfere with the use and enjoyment of C. The nature, configuration, location, density, and manner of operation of any open air dining E. The proposed open air dining use will not create any significantly adverse parking impacts as F. The proposed open air dining use will not create any significantly adverse impacts on 1. The accumulation of garbage, trash or other waste; 2. Noise created by operation of the restaurant or by employees or visitors entering or exiting 3. Light and glare; or 4. Odors and noxious fumes. G. The proposed open air dining use will not be detrimental to the public health, safety, or general In approving an open air dining permit, the reviewing authority may impose such conditions as A. The appropriate setback for the proposed open air dining use; B. Pedestrian access and safety; C. Parking requirements; D. Barrier requirements; E. The time limit on the permit. (Ord. 11-0-2615, eff. 12-16-2011) 194

the conditions of the permit. The form and content of the bond shall be satisfactory to the city the city from the existence of the open air dining area is minimal. Any security bond required attorney. The bond may be waived where it is determined that the potential for any injury to sufficient for removal of the open air dining area in the event the permittee fails to comply with If the director of community development, with the advice of the city engineer, determines that 195 (Ord. 11-0-2615, eff. 12-16-2011) D. The operation of the open air dining use violates any provision of article 19.5 of this chapter. C. The operation of the open air dining use constitutes or creates a nuisance; or B. The permit was obtained in a fraudulent manner; or granted or the land on which it is located; or provision of this code that governs, in whole or in part, the activity for which the permit was A. The permittee has violated any condition imposed on the permit approval, or violated any open air dining permit if the commission determines that: of the original permit. The planning commission, after such hearing, may revoke or suspend the Upon initiation of a revocation or suspension proceeding, the planning commission shall hold a public hearing regarding the possible revocation or modification of the open air dining permit. Notice of such hearing shall be provided in the same manner as the notice required for issuance evidence could be presented to the planning commission which may support grounds for the director may initiate a revocation or suspension proceeding before the planning commission. revocation or suspension of an open air dining permit, and the director believes that the planning commission may find that such evidence is adequate to support revocation or suspension, then 10-3-3509: SUSPENSION AND REVOCATION OF OPEN AIR DINING PERMIT: appealed to the planning commission in a manner consistent with the procedures set forth in title 1, chapter 4, article 1 of this code. Any decision of the director pursuant to this article may be 1, chapter 4, article I of this code. (Ord. 11-0-2615, eff. 12-16-2011) The applicant or any person aggrieved by any decision of the planning commission regarding an open air dining permit may appeal the decision to the city council in the manner provided by title 10-3-3508: DECISION AND APPEALS: code. (Ord. 11-0-2615, eff. 12-16-2011) which is required under this section shall comply with the provisions of title 3, chapter 4 of this caused by the use or operation of the open air dining area authorized by the permit. Insurance to adequately protect the city, persons, and property from injuries or damages which may be of the open air dining permit, and shall be in an amount which is determined to be sufficient B. The amount of insurance shall be designated by the city risk manager at the time of approval by this section may be cash, or cash equivalent security approved by the city attorney and the risk manager, or a bond in accordance with title 3, chapter 4 of this code. approval of the open air dining permit, and shall be in an amount which is determined to be A. The amount and form of the bond shall be designated by the reviewing authority at the time of

I I Planning Commission Report 267 South Beverly Drive (Urth Caffe Restaurant) July 12, 2018 Attachment D Past Planning Commission Resolutions 196

.. RESOLUTION NO. 1025 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BEVERLY HILLS CONDITIONALLY ISSUING A DEVELOPMENT PLAN REVIEW PERNIT TO ALLOW OPEN AIR DINING AND CONDITIONALLY ISSUING AN EXTENDED HOURS PERMIT AT PROPERTY LOCATED AT 267 SOUTH BEVERLY DRIVE ( CHEZ GILLES RESTAURANT) Section 1. Gilles Epie (hereafter uapp1jcanti) has submitted an application for a Development Plan Review Permit to permit open air dining at property located at 267 South Beverly Drive, fchez Glues Restaurant). Pursuant to Beverly Hills Municipal Code Section 10-3.3503, the Applicant must obtain a Development Plan Review Permit to operate more than two tables of open air dining on a site within 170 feet of a single family residential zone. The Applicant has requested fourteen (14) tables and seating for up to forty (40) persons in an existing 720 square foot area located entirely on private property. Additionally, the Applicant has requested a waiver of the requirement for 16 parking spaces to serve the open area. air dining The Applicant has also applied for an Extended Hours Permit to allow the restaurant at the site to remain open after 10 p.m. Pursuant to Beverly Hills Municipal Code Section 10 3.1958(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. 970811 0785-D0001 jr 1731480 0 197

Section 2. The proposal has been environmentally Quality Act (CEQA) and the City s environmental guidelines. reviewed and a Categorical Exemption has been issued in accordance with the requirements of the California Environmental 970811 80785-00001 Jr 1731480 2 development proposed by the plans will significantly interfere density, height and manner of operation of the commercial 5. Whether the nature, configuration, location, the public health, safety or general welfare; and 4. Whether the proposed plan will lie detrimental to pedestrian vehicle conflicts or pedestrian safety hazards; significantly adverse traffic impacts, traffic safety hazards, 3. Whether the proposed plan will create any promote the harmonious development of the area; existing and anticipated development in the vicinity and will 2. Whether the proposed plan will adversely affect General Plan and any specific plans adopted for the area; 1. Whether the proposed plan is consistent with the considered the fallowing issues: Development Plan Review Permit, the Planning Commission Section 4. In considering the application for the Evidence, both written and oral, was presented at said hearing. held a duly noticed public hearing to consider the application. Section 3. On July 23, 1997, the Planning Commission. 198

. with the use and enjoyment of residential properties in the vicinity of the subject property. 6. Whether the proposed plan will create any significantly adverse parking impacts as a result of employee or patron parking demand. 7. Whether the proposed plan will significantly and adversely affect neighboring properties due to: a. The accumulation of garbage, trash or other waste; li. Noise created by operation of the dining area or by employees or visitors entering or exiting the site; C. Light and glare; d. Odors or noxious fumes. Section 5. Based upon the evidence presented, including the staff report and oral testimony, the Planning Commission hereby finds: 1. The proposed Project is consistent with the General Plan of the City. The General Plan designates the property for commercial uses. 2. As conditioned, the proposed Project will not create any significantly adverse traffic impacts, traffic safety hazards, pedestrian-vehicle conflicts or pedestrian safety hazards. Nor will the proposed Project have significant parking impacts as a result of patron or employee parking demand. The proposed Project will allow fourteen (14) tables with seating for 970811 30785-00001 Jr 17314800 3 199

forty (40) persons, which provides seating for fewer persons than will submit an employee parking plan satisfactory to the Director adverse traffic or parking impacts. Additionally, the Applicant the previous restaurant which operated at this location without 200 970811 B0785-00001 jr 731480 0 = 4 from residential property by buildings. Therefore, the Project over 95 feet from the nearest residential use and is screened restaurant, facing Beverly Drive. The open air dining patio is The proposed open air dining will lie located in front of the will not lie detrimental to the public health, safety and welfare. vicinity, will promote harmonious development of the area and adversely affect existing and anticipated development in the 3. As conditioned, the proposed Project will not parking impacts. pedestrian vehicle conflicts, pedestrian safety hazards, or significantly adverse traffic iinpacts, traffic safety hazards, availability of nearby parking, the Project will not create any Due to the history of the Project site and the ample designated as a valet parking zone. vehicles will not queue on the street except in loading areas valet parking to accommodate patron demand and ensure that In addition, after 6 p.m. the Applicant will provide sufficient well as the City s parking structure at 216 South Beverly Drive. South Beverly Drive across the street from the project site, as Public parking is provided in the public parking structure at 280 employee parking at the rear of the property after 11:00 p.m. employee parking off-site to ensure that there will be no of Planning and Community Development that will provide free.

through Thursday and after 11:00 p.m. on Friday and Saturday, and Also, patrons will not be received after 10:00 p.m. Sunday sound shall be permitted in the open air dining area after 6 p.m. will have no direct exposure to residential areas. No amplified 970$H B1785-OOOOt ft 174gOQ 5 201 residential properties in the vicinity of the Project. Therefore, the Project will not interfere with the enjoyment of rear of the property will be restricted after 11:00 p.m. after 11:00 p.m. on Friday and Saturday, and exiting from the will not be received after 10:00 p.m. Sunday through Thursday and permitted in the outdoor dining area after 6 p.m. Also, patrons to residential areas. Furthermore, no amplified sound shall lie buildings. Therefore, the Project will have no direct exposure residential use and is screened from residential property by open air dining patio is over 95 feet from the nearest located in front of the restaurant, facing Beverly Drive. The subject property. The proposed open air dining area will be enjoyment of residential properties in the vicinity of the Project will not significantly interfere with the use and location, density, height and manner of operation of the proposed 4. As conditioned, the nature, configuration, surrounding commercial uses. dining facility to lie used by residents and tenants of the surrounding developments because it will provide an open air 11:00 p.m. Finally, the proposed Project is compatible with exiting from tlie rear of the property will be restricted after.

.. 5. As conditioned, the proposed project will not significantly and adversely affect neighboring properties due to the accumulation of garbage, trash or other waste, noise created by operation of the dining area or by employees or visitors entering or exiting the site, or odors or noxious funes. The Applicant is required to maintain the subject area in a clean and sanitary condition. All trash shall be placed in containers, and restaurant trash shall be picked up daily. No trash shall be placed in containers to the rear of the restaurant after 11:00 p.m. and no person shall exit from the rear of the restaurant after 11:00 p.m. 6. Due to the nature of the proposed Project, no light or glare from the Project will impact neighboring properties. The Project will face Beverly Drive, away from residential areas and will be screened from residential areas by the restaurant building. Section 6. The Planning Commission may establish parking requirements for an open air dining use that are different than those otherwise required by the Beverly Hills Municipal Code if the Commission determines that the open air dining use will generate a need for parking different than the amount of parking required by the Municipal Code or the Commission determines that the parking demand will be met by means other than those specified in the Municipal Code. In this case, the need for parking will be met by means other than those specified in the Municipal Code. Public parking is provided in 970811 B0785M0001jr 17314800 6 202

sufficient valet parking to accommodate patron demand and the Drive. In addition, after 6 p.m. the Applicant will provide site as well as the City s parking structure at 216 South Beverly the public parking structure across the street from the project 970811 B0785-00001 it 17314800 7 203 operation to intrude substantially into a residential area; and likely to cause activity associated with the extended hours (7) Use of residential streets for parking which is (6) Crime or peril to personal safety and security; (5) Pedestrian queuing; (4) Odors and noxious fumes; (3) Light and glare; operation; by employees or visitors entering or exiting the extended hours (2) Noise created by the etended hours operation or waste, both on and off of the project site; (1) The accumulation of garbage, litter or other following: and quiet of the adjacent neighborhood as a result of any of the the extended hours operation will substantially disrupt the peace Extended Hours Permit, the Planning Commission considered whether Section 7. In considering the application for the the Municipal Code. needs have been met through means other than those specified in outdoor dining at the project site has demonstrated that parking valets will use off-site parking. Finally, the history of.

Section 9. The extended hours operation will not local residential streets. (8) The effects on traffic volumes and congestion on 970811 B0785-0000ljr 17314800 8 204 (14) tables and forty (40) chairs. 1. The open air dining shall lie limited to fourteen the following conditions: and issues an extended hours permit for Cliez Glues, subject to open air dining, waives the parking required for open air dining Commission hereby issues a Development Plan Review Permit for Section 10. Based upon the foregoing, the Planning odors or fumes emitted at the project site. and fumes and the extended hours will not change the types of restaurant operation has not generated complaints regarding odors otherwise enter any residential area. Finally, the current patrons are not expected to park on residential streets or nearby residential streets have restricted parking. Therefore, public parking is available in the vicinity on Beverly Drive and permitted in the open air dining area after 6:00 p.m. Ample restricted after 11:00 p.m. No amplified sound shall be and Saturday, and exiting from the rear of the property will be 10:00 p.m. Sunday through Thursday and after 11:00 p.m. on Friday neighborhood. The restaurant will not receive patrons after substantially disrupt the peace and quiet of the adjacent 0

- - time be permitted to encroach into the public right-of-way. plans submitted to the Planning Commission and shall not at any patio area adjacent to the existing building as shown on the 2. The tables and chairs shall be located in the 970811 B075-00001jr 173t4800 9 205 recyclable bin to minimize noise and odors. bottles, shall lie placed in bags prior to disposal into the 7. All recyclable containers, including glass after 11:00 p.m. for any reason..6. No person shall exit the rear of the restaurant approval are inadequate to halt the interference. residential properties and that the existing conditions of manner that interferes with the quiet enjoyntent of nearby noticed public hearing that the restaurant is being operated in a dining or the restaurant if the Coxtuniss ion determines after a power to further restrict the operating hours of the outdoor Saturday. Additionally, the Planning Commission shall have the Thursday and between 11:00 a.m. and 11:00 p.m. Friday and the hours between 11:00 a.m. and 10:00 p.m Sunday through 5. The restaurant shall receive patrons only during air dining area after 6:00 p.m. daily. 4. No amplified sound shall lie permitted in the open daily. employee parking at the rear of the restaurant after 11:00 p.m. provides for free employee parking off-site and prohibits Development which prohibits parking on residential streets, plan satisfactory to the Director of Planning and Community 3. The Applicant shall implement an employee parking.

S The Applicant shall maintain the subject area in a clean and sanitary condition, including emptying trash receptacles and sweeping the ground regularly. 9. The Applicant shall operate the open air dining area in a manner that meets all requirements of the Health Department of Los Angeles County. 10. Restaurant employees driving in the alley adjacent to the restaurant shall operate safe manner. their vehicles in a quiet and 11. No kiosk station for the valet parking operation shall be permitted in the public right of way except pursuanl to a valet parking permit or an encroachment permit. All other furnishings located in the public right-of-way shall also be removed and there shall be no other encroachments into the public right-of-way except as authorized by a valet parking permit or an encroachment permit. 12. The Applicant will provide sufficient valet parking attendants to accommodate patron demand and ensure that vehicles will not queue on the street except in loading areas designated as a valet parking zone. 13. All rear lighting shall be shielded and oriented so that it illuminates the rear parking lot, but does not illuminate an area beyond the bounds of the project site. 14. The covering for the open air dining area shall be constructed in accordance with the plans presented to the Planning Commission, shall not lie extended beyond the canopy shown on such plans, shall be movable, shall be constructed of 970811 B0785.0000ljr 17314800 10 206

15. These conditions of approval shall run with the sidings shall lie attached to the covering. dining area shall otherwise remain unenclosed. No plastic fabric and shall not lie considered a noise barrier. The open air 4. 970811 BO7850OO01 Jr 17314800 1 1 207 notice of appeal with the Director within ten days after the no. 16 may lie appealed to the Planning Commission by filing a Any decision by the Director pursuant to this paragraph creating an adverse impact on the surrounding area. conditions imposed by the Planning Commission, and is not and approved by the Planning Commission, is abiding by the substantially the same as described to the Planning Cortmiission determines that the restaurant is operating in a manner Director of Planning may extend the Permit if the Director September 11, 1998. Upon application by the Applicant, the 16. This Extended Hours Permit shall expire on necessary to record the docament with the County Recorder. the City, the Applicant shall also provide the City with all fees At the time that the Applicant delivers the covenant to covenant. This resolution shall be attached as an exhibit to the County Recorder. The covenant shall be recorded in the office of the Los Angeles to the City Attorney, accepting these conditions of approval. the landowner of the project site sign a covenant, satisfactory Hours Permit shall not become effective until the applicant and the project. This Development Plan Review Permit and Extended land and shall remain in force for the duration of the life of

. Director has issued the decision. Notice of the Director s decision shall be mailed to any person who submits to the Director a written request for sucli notice. If the matter is appealed to the Planning Commission, the Planning Commission shall hold a noticed public hearing on the matter. If the Director of Planning or the Planning Commission does not extend the Extend Hours Permit, then the Permit shall expire and all rights possessed by the Applicant under the Permit shall lie terminated. Provided, however, that if the Applicant files an application for an extension, any existing Permit shall be extended until the City takes final action on the application. Any application for an extension of this Permit shall be subject to the application fees established by resolution of the City Council. 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 her certification to lie entered in the Book of Resolutions of the Planning Commission of the City. Adopted: August 27, 1997 ATTEST: Juli)Oliver Kahn Chairman of the Planning Commission of the City of Beverly California Hills, %J Secretary (Signatures continuej 97O8IfBO785-OJO1jrf73I4SOO 12 208

Approve s to forp7/ ApPppved as to content: aurence S. Wiener Assistant City Attorney./J ñ?jl Ruth Nadel EC Director of Planning & Community Development 8/21/97 970811 B0785-00001jr 17314800 13 209

80785\0009\810123.1-1 2/22/05 property located at 267 South Beverly Drive (Urth Caffe) (the Project ). The existing seating Applicant should secure a permanent commercial valet parking permit from the Director of On August 27, 1997, the Planning Commission adopted Resolution No. 1025 of 14 tables and 40 chairs is located in 720 square feet open air patio area on private property and CITY OF BEVERLY HILLS CONDITIONALLY APPROVING CHAIRS IN THE PUBLIC RIGHT-Of- WAY AT PROPERTY RESOLUTION NO. 1368 RESOLUTION OF THE PLANNING COMMISSION OF THE AN OPEN AIR DINING PERMIT AND MODIFYING A DEVELOPMENT PLAN REVIEW TO ADD 7 TABLES AND 1$ LOCATED AT 267 SOUTH BEVERLY DRIVE (URTH CAFFE) submitted an application for an Open Air Dining Permit and a modification to a previously approved Development Plan Review (a D.P.R. ) to expand the outdoor dining area by 237 Applicant s request for the waiver of six (6) parking spaces required by the proposed additional issuing a D.P.R. for the operation of a restaurant at the subject property. Resolution No. 1025 includes a condition that requires the applicant to provide sufficient valet parking attendants to accommodate patron demand. The current restaurant operated with a temporary valet permit with the intent to apply for a permanent one. At the July 28, 2004 hearing regarding this application, the Commission determined that, before the application could be heard, the Transportation and Engineering, including the provision for free off-site employee parking. Section 1. Stanley Firestone, hereinafter referred to as the Applicant, has square feet in the public right-of-way in order to add 7 tables, 18 chairs and a railing enclosure at will remain as currently allowed under the D.P.R. Also associated with this application is the open air dining area. - 210

However, because of the take-out nature of the Urth Caffe, the Director of Transportation and Engineering denied the Applicant s request for a permit. The Applicant still desires to pursue the D.P.R. modification. Section 2. The proposal has been environmentally reviewed pursuant to the California Environmental Quality Act (CEQA), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.) (hereafter the Guidelines ), and the City s environmental guidelines, and a Class 3 Categorical Exemption has been issued in accordance with the requirements of Section 15303(e) of the Guidelines. Section 3. On July 28, 2004 and January 26, 2005, the Planning Commission held duly noticed public hearings to consider the application. Evidence, both written and oral, was presented at said hearings. Section 4. The Planning Commission considered the following with respect to the application to modify the previottsly approved D.P.R. and for an open air dining permit: 1. Whether the proposed plan is consistent with the General Plan and any specific plans adopted for the area; 2. Whether the proposed plan will adversely affect existing and anticipated development in the vicinity and will promote the harmonious development of the area; 3. Whether the proposed plan will create any significantly adverse traffic imp acts, traffic safety hazards, pedestrian vehicle conflicts or pedestrian safety hazards; 80785\0009\8 10123.1-2 - 2/22/05 211

general welfare; and any specific plans adopted for the area. The General Plan designates the area for commercial operation of the commercial development proposed by the plans will significantly interrere with impacts as a result of employee or patron parking demand. uses, and restaurants and associated open air dining areas are permitted by right of zone. visitors entering or exiting the site; properties due to: the use and enjoyment of residential properties in the vicinity of the subject property. 4. Whether the proposed plan will be detrimental to the public health, safety or 5. Whether the nature, configuration, location, density, height and manner of a. The accumulation of garbage, trash or other waste; 5. Noise created by operation of the dining area or by employees or c. Light and glare; d. Odors or noxious fumes. to modify the D.P.R. and for an Open Air Dining Permit: oral testimony, the Planning Commission hereby finds as follows with respect to the application Section 5. Based upon the evidence presented, including the staff report and 6. Whether the proposed plan will create any significantly adverse parking 7. Whether the proposed plan will significantly and adversely affect neighboring 5.1 As conditioned, the proposed plan is consistent with the General Plan and B0785\0009\8 10123.1-3 - 2/22/05 212

4 5.2 As conditioned, the proposed Project will not adversely affect existing and anticipated development in the vicinity and will promote harmonious development of the area. The proposed expansion of the dining area will be located in front of the restaurant, facing Beverly Drive. The open air dining patio is over 95 feet from the nearest residential use and is screened from residential property by existing commercial development. Therefore, the proposed dining area will have no direct exposure to residential areas. As conditioned by Resolution No. 1025, amplified sound is restricted after 6:00 p.m. and exiting from the i-ear of the building is restricted after 11:00 p.m. In addition, expansion of open air dining in front of the restaurant is harmonious with other eating establishments along South Beverly Drive and will contribute to the pedestrian experience along Beverly Drive. 5.3 As conditioned, the proposed Project will not interfere with the itse and enjoyment of residential properties in the area for the reasons stated in paragraphs 5.1 and 5.2, above. 5.4 As conditioned, proposed Project will not create any significantly adverse traffic impacts, traffic hazards, pedestrian-vehicle conflicts or pedestrian safety hazards. The proposed open air dining will not affect the South Beverly Drive Roadway. There is no vehicle access into the site or to the abutting properties to the north and south; therefore, the open air dining area will not cause any traffic safety hazards or pedestrian-vehicle conflicts. The proposed railing enclosure provides a physical delineation between the dining area and the five-foot wide minimum clearance for pedestrians to safely pass. In addition, as conditioned by this Resolution, the Applicant is required to develop and implement a parking management plan. This Resolution 30785\0009\8 10123.1 - - 2/22/05 213

5 expressly provides that it will not become effective until and unless the Director of Transportation and Engineering approves said parking management plan for the Project. 5.5 As conditioned, the proposed plan will not be detrimental to the public health, safety and general welfare. In addition to being compatible and harmonious with other open air dining establishments along the South Beverly Drive streetscape, the proposed expansion of dining area will contribute to the village atmosphere and the pedestrian experience. 5.6 As conditioned, the proposed plan will not create any significantly adverse parking impacts as a result of employee or patron parking demand. The Applicant shall provide a parking management plan for approval by the Director of Transportation and Engineering before this resolution can become effective. The parking rna;agement plan will provide for adequate customer convenient zones to serve the needs of the Urth Caffe and other businesses on the 200 block of South Beverly Drive (e.g., conversion of the commercial loading zone in front of the Edison building) and sufficient valet parking attendants, either through a shared valet operation with other businesses along Beverly Drive or other similar program, to serve the needs of the patrons of Urth Caffe (e.g., shared valet with Kiyono Restaurant, three storefronts to the north of Urth Caffe). The Applicant shall also provide free off-street parking for employees at all times (e.g., in covenanted parking spaces at 9454 Wilshire Boulevard). 5.7 As conditioned, the proposed Project will not significantly and adversely affect neighboring properties due to: (a) The accumulation of garbage, trash or other waste; (5) Noise created by operation of the dining area or by employees or visitors entering or exiting the site; (c) Light and glare; (d) Odors or noxious fumes. for the same reasons set forth and 307$5\0009\810123.t - - 2/22/05 214

conditioned in Resolution No. 1025, the Planning Commission hereby finds that the proposed Project will not adversely affect neighboring properties due to noise, light or odors. Section 6. Based upon the foregoing, the Planning Commission hereby approves the Applicant s request for an Open Air Dining Permit and a modification to the D.P.R. Permit granted pursuant to Resolution No. 1025 for 7 tables and 18 chairs in the public right-ofway, subject to the following conditions: 1. This Resolution shall not become effective unless and until the applicant prepares and the Director of Transportation and Engineering approves a parking management plan. Said parking management plan shall provide, at a minimum, for all of the following: (a) adequate parking spaces to accommodate the parking needs generated by the expanded use; (b) adequate customer convenient zones to serve the needs of the Urth Caffe and other business on the 200 block of South Beverly Drive; (c) sufficient valet parking attendants, either through a shared valet operation with other businesses along Beverly Drive or such other program as the Director of Transportation determines is appropriate, to serve the needs of the patrons of Urth Caffe during both daytime and evening hours of operation; and (d) a designated valet route and location, as determined by the Director of Transportation, that would accommodate the needs of Urth Caffe while minimizing the impact to adjacent residential streets. In addition to the foregoing requirements, the parking management plan shall also require that the Applicant implement a delivery service to alleviate parking and traffic circulation issues created by the take-out portion of the business. Prior to the issuance of building permits for the proposed expansion, the B0785\0009\810123.1-6 - 2/22/05 215

- 2/22/05 6. Condition No. 2 of Resolution No. 1025 is hereby amended to read as follows: 5. Condition No. 1 of Resolution No. 1025 is hereby amended to read as follows: or in the available parking spaces that are provided to South Beverly Drive merchants at 2. The Applicant shall provide free off-street parking for employees at all times. Said 3. Except as specifically modified by this Resolution, the Project shall comply with each and 4. The expanded outdoor dining area in the public right-of-way shall be enclosed by a approved parking management plan shall be returned to the Planning Commission for its review to ensure that the plan adequately addresses the foregoing concerns. employee parking shall be provided either in the spaces located behind the subject building 30785\0009\$10123.] - 7 to and reviewed by the Planning Commission at its meeting of January 26, 2005. located in the patio area adjacent to the existing building as shown on the plans submitted 1. The open air dining shall be limited to fourteen (14) tables and forty (40) chairs utilize any portion of the right-of-way not included within the enclosure. to the expanded outdoor dining area shall occur from within the enclosure and shall not physical barrier satisfactory to the Director of Community Development. All table service Beverly Hills Municipal Code. every condition set forth in the Resolution No. 1025, and all applicable provisions of the No. 1025. comply with the 11:00 p.m. time limitation imposed by condition number 6 in Resolution 9454 Wilshire Boulevard. All use of the par-king spaces behind the subject building shall 216

B0785\0009\810123.l - - 2/22/05 8 8. This Open Air Dining Permit and D.P.R. (collectively the Permit ) shall expire one year satisfactory to the Director of Community Development clearly restricting parking to subject building. The Applicant shall post signs above the eight (8) alley parking spaces employees of the business. additional one-year terms if it determines that the expanded open air dining area in the public right-of-way is operating in a manner substantially the same as described to the Planning Commission and approved by the Planning Commission, is abiding by the conditions imposed by the Planning Commission, and is not creating an adverse impact on 7. No patron parking shall be permitted at any time in the eight (8) spaces located behind the into the 237 square-foot area in the public right-of-way as shown on the plans submitted to and reviewed by the Planning Commission at its meeting of January 26, 2005. from the date of adoption of this Resolution. Upon application by the Applicant at least 60 the surrounding area. The annual renewal hearing shall be conducted by the Planning Commission at a noticed public hearing. The Planning Commission may, in its sole discretion, delegate the Director ), and the Director shall conduct the review for that year. All subsequent renewal hearings shall be conducted by the Planning Commission unless they are expressly delegated by the Commission to the Director. annual renewal hearing for any given year to the Director of Community Development (the days prior to the expiration date, the Planning Commission may extend the Permit for 2. An additional seven (7) tables and eighteen (18) chairs shall be permitted to encroach 217

O785\OOO9\8 10123.1 - - 9 2 22/O5 and is not creating an adverse impact on the surrounding area. Any decision by the the Director a written request for such notice. If the matter is appealed to the PIanning the Beverly Hills Municipal Code. area that encroaches into the 237 square-foot area of the public right-of-way and shall If neither the Planning Commission nor the Director extend the Permit, then the in accordance with the hearing procedures set forth in Article 38 of Chapter 3, Title 10 of a notice of appeal with the Director within ten days after the Director has issued his or her Director determines that the expanded open air dining area is operating in a manner For any review delegated to the Director, the Director may extend the Permit if the decision. Notice of the Director s decision shall be mailed to any person who submits to substantially the same as described to the Planning Commission and approved by the Planning Commission, is abiding by the conditions imposed by the Planning Commission, Director pursuant to this paragraph may be appealed to the Planning Commission by filing Commission, the Planning Commission shall hold a noticed public hearing on the matter Permit shall expire and all rights possessed by the applicant under the Permit shall be Permit shall be extended until the City takes final action on the application. Any application for an extension of the Permit shall be subject to the application fees established by resolution of the City Council. In considering any application for an terminated, and the Applicant shall immediately cease operation of the open air dining remove all portions of the open air dining area located in the public right-of-way. Provided, however, that if the Applicant files an application for an extension, any existing extension of the Permit, the Planning Commission or the Director may impose additional 218

- 10. Permittee shall provide a bond insuring Permittee s performance in accordance with the 9. The Project shall be subject to the review and approval of the Architectural Commission. conditions of approval on the Project to ensure that the Project does not adversely impact adjacent uses or create significant environmental impacts on the community within the expense. 11. The City reserves the right to make modifications andlor impose additional conditions 80785\0009\810123.1-10 any unanticipated traffic and parking impacts cattsed by the proposed Project as they arise, and parking issues and the right to impose additional conditions as necessary to mitigate Beverly Drive. The Planning Commission expressly reserves jurisdiction relative to traffic 12. City staff shall monitor traffic and parking impacts at the Project site and along South and assigns shall comply with all such modified or additional conditions at its/their sole in this resolution and the Applicant, the owner and their heirs, representatives, successors which may become necessary to enable implementation of the specific conditions set forth insurance requirements hereunder. annually of Permittee s compliance with the terms of this Agreement and the bond and Beverly Hills Municipal Code. City shall conduct a periodic review no less often than City Engineer to be sufficient, and as required by Sections 8-3.03 and 8-3.09 of the form satisfactory to the City Attorney and City Engineer, in an amount determined by the construction or demolition and the maintenance of the Premises. The bond shall be in a terms of this Agreement, including but not limited to the satisfactory completion of any meaning of the California Environmental Quality Act. 219 2/22/05

and the Applicant, the owner and their heirs, representatives, successors and assigns shall comply with all such modified or additional conditions at its/their sole expense.. 13. This resolution approving the Open Air Dining Permit and the modification to the D.P.R. (the Permits ) 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 sixty (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 sixty (60) days, this resolution approving the Permits 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 sixty-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 Permits. 14. Within three working days after approval of this resolution, the Applicant shall remit to the City a cashier s check, payable to the County Clerk, in the amount of S25.00 for a 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 BO785\OOO9\8O]23.1-11 - 2/22/05 220

imposed pursuant to fish and Game Code Section 711.4, then the Applicant shall also pay to the Department such fee and any fine which the Department determines to be owed. 15. If this Resolution is invalidated for any reason, all provisions of Resolution No. 1025, as originally approved, shall remain in full force and effect. Section 7. 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: 2 23 05 Kathy Rims Chairman of the Planning Commission of the City of Beverly Hills, California Appro red as to content: Assistant Attorney Mahdi Aluzri. Directcr of Community Development DavidD. Guvson Director of Transportation and Engineering B07$5\0009\8 10123.1 2/22/05 221

STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF BEVERLY HILLS ) I, MAHDI ALUZRI, Secretary of the Planning Commission and Director of Community Development (the Director ) of the City of Beverly Hills, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. 1368 duly passed, approved and adopted by the Planning Commission of said City at a meeting of said Commission on February 23, 2005, and thereafter duly signed by the Secretary of the Planning Commission, as indicated; and that the Planning Commission of the City consists of five (5) members and said Resolution was passed by the following vote of said Commission, to wit: AYES: NOES: Commissioners Furie, Melamed, Krasne, Marks, and Reims. None. MAHLI ALU Secretary of the Planning Commission! Directo,of Community Development City of Beverly Hills, California 222

RESOLUTION NO. 1419 RESOLUTION OF THE PLANNING COMMISSION Of THE CITY OF BEVERLY HILLS EXTENDING AN OPEN AR DINNG PERMIT AND A DEVELOPMENT PLAN REVIEW TO ALLOW OPEN AIR DINING in THE PUBLIC RIGHT-OF-WAY AT 267 SOUTH BEVERLY DRIVE (URTH CAFFE) THE PLANNING COMMISSION OF THE CITY OF BEVERLY HILLS DOES HEREBY FIND, RESOLVE, AND DETERMINE AS FOLLOWS: Section 1. On February 23, 2005 the Planning Commission adopted Resolution No. 1368 issuing an Open Air Dining Permit and a Development Plan Review Permit ( D.P.R. ) to allow 7 tables and 18 chairs to encroach into a 237 square foot portion of the sidewalk, including a railing enclosure, in front of the Urth Caffe, at property located at 267 South Beverly Drive (the Project ). The Project expanded the outdoor dining area by 237 square feet, into the public right-of-way. Previously, on August 27, 1997, the Planning Commission had adopted Resolution No, 1025 issuing a D.P.R. to allow 14 tables and 40 chairs to be located in 720 square feet of open air patio area located on private property at the Project. The Planning CommissIon also granted the Project s request for the waiver of six (6) parking spaces required by the proposed additional open air dining area. Resolution No. 1368 imposed 15 conditions to minimize any parking impacts and to reduce any other potential impacts to the surrounding neighborhood. B0785\0009\880 166.1 3/28/06 223

Section 2. Condition No. 8 of Resolution No. 1368 states that the Open Air Dining Permit and D.P.R. (collectively the Permit ) shall expire one year from the date of adoption of this Resolution. Stanley Firestone, hereinafter referred to as the Applicant, timely filed a renewal application for the Permit to continue the open air dining in the public right-ofway at the Project. Section 3. The Project was previously environmentally reviewed pursuant to the California Environmental Quality Act (CEQA), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.) (hereafter the Guidelines ), and the City s environmental guidelines, and a Class 3 Categorical Exemption has been issued in accordance with the requirements of Section 15303(e) of the Guidelines. There have been no substantial changes to the Project or the environment that would require the preparation of a subsequent environmental review under CEQA or introduce new significant environmental effects or substantially increase the severity of the effects that previously were identified and analyzed. Furthermore, there are no changed circumstances or new information, which was not known at the time the Class 3 Categorical Exemption was issued that would require the preparation of a subsequent environmental analysis pursuant to CEQA. Therefore, the original determination that the Project qualifies for a Class 3 Categorical Exemption continues to represent the independent judgment of the City and there is no substantial evidence that the renewal of the Project approval may have any significant environmental impact. 30785\0009\$SO 166.1-2- 3/28/06 224

Section 4. On March 9, 2006, the Planning Commission held a duly noticed public hearing to consider the Permit renewal applications, at which time evidence, both oral and written, was presented. Section 5. Based on the evidence presented at the hearing, including the staff report, the Planning Commission hereby finds and determines that, as conditioned under Resolution No. 1368, the operation of the restaurant and outdoor dining area at the Project site has not had an adverse impact on the surrounding neighborhood. The Open Air Dining Permit and D.P.R. have been in compliance with the Project conditions. Staff found no evidence or record of complaints or activity of Code Enforcement Division and the Police Department relating to the open air dining or related parking operation. There was a code enforcement issue in November 2005 regarding an illegal light (sign) projector, but it has been removed and the issue corrected. Based on the foregoing, the Planning Commission finds that it can continue to make each of the fmdings set forth in Resolution No. 1368 in an affirmative manner and hereby readopts those findings and renews the Open Air Dining Permit and D.P.R. for an additional one year period, subject to the conditions set forth in Section 6 below. Section 6. Based on the foregoing, the Planning Commission hereby extends the Permit through and including february 23, 2007, subject to all conditions set forth below: 1. Prior to conducting the annual renewal hearing each year, the Director of Community Development shall require that each department charged with enforcing any of the conditions imposed on the open air dining operation by Resolution No. 1368 conduct at least one B0785\0009\$80166.1-3- 3/28/06 225

site inspection and submit a written report to the Director verifying that the Applicant or any successor in interest is in full compliance with said conditions of approval. 2. Condition No. 8 set forth in Section 6 of Resolution No. 1368 is hereby amended to read as follows: 8. This Open Air Dining Permit and D.P.R. (collectively the Permit ) shall expire at 11:59 p.m. on February 23, 2007. Upon application by the Applicant at least 60 days prior to the expiration date, the Director of Community Development (the Director ) may extend the Permit for additional one-year terms if the Director determines that the expanded open air dining area in the public right-of-way is operating in a manner substantially the same as described to the Planning Commission and approved by the Planning Commission, is abiding by the conditions imposed by the Planning Commission, and is not creating an adverse impact on the surrounding area. The annual renewal hearing shall be conducted by the Director of Community Development (the Director ), unless the Director, in his or her sole discretion, determines that the renewal hearing merits review by the Planning Commission and refers the renewal hearing to the Planning Commission for noticed public hearing as described below for appeals. Any decision by the Director pursuant to this condition may be appealed to the Planning Commission by filing a notice of appeal with the Director within ten days after the Director has issued his or her decision. Notice of the Director s decision shall be mailed to any person who submits to the Director a written request for such notice. If the matter is appealed to the Planning Commission, the Planning Commission shall hold a noticed public hearing on the matter in accordance with the hearing procedures set forth in B0785\0009\880166.l -4-3/28/06 226

Article 38 of Chapter 3, Title 10 of the Beverly Hills Municipal Code. If neither the Planning Commission nor the Director extend the Permit, then the Permit shall expire and all rights possessed by the Applicant under the Permit shall be terminated, and the Applicant shall immediately cease operation of the open air dining area that encroaches into the 237 square-foot area of the public right-of-way and shall remove all portions of the open air dining area located in the public right-of-way. Provided, however, that if the Applicant files an application for an extension, any existing Permit shall be extended until the City takes final action on the application. Any application for an extension of the Permit shall be subject to the application fees established by resolution of the City Council. In considering any application for an extension of the Permit, the Director or the Planning Commission may impose additional conditions of approval on the Project to ensure that the Project does not adversely impact adjacent uses or create significant environmental impacts on the community within the meaning of the California Environmental Quality Act. Section 7. Except as specifically modified by this Resolution, the Project shall comply with each condition set forth in Resolution No. 1368, and said conditions are incorporated herein by this reference and expressly made a part of this approval. Section 8. 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. B0785\0009\880166.1-5- 3/28/06 227

Section 9. 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: April 6, 2006 Stacy Mar Chairma of the Planning Commission of the City of Beverly Hills, California Approved as to form: Robert. ittman Assistant City Attorney David Gustavson Director of Public Works and Transportation -6- B0785\0009\5801 66.1 3/28/06 228

STATE Of CALIFORNIA ) COUNTY Of LOS ANGELES ) SS. CITY OF BEVERLY HILLS ) I, MAHDI ALUZRI, Secretary of the Planning Commission and Director of Community Development (the Director ) of the City of Beverly Hills, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. 1419 duly passed, approved and adopted by the Planning Commission of said City at a meeting of said Commission on April 6, 2006, and thereafter duly signed by the Secretary of the Planning Commission, as indicated; and that the Planning Commission of the City consists of five (5) members and said Resolution was passed by the following vote of said Commission, to wit: AYES: NOES: ABSTAIN: Commissioners Furie, Reims, Krasne, Melamed, and Marks. None. None. MA DI LUZRI Secretar of the Planning Commission! Director c4e Community Development City of Beerly Hills, California 229

Planning Commission Report 267 South Beverly Drive (Urth Caffe Restaurant) July 12, 2018 Attachment E Public Notice 230

City of Beverly Hills 455 N. Rexford Drive Beverly Hills, California 90210p (310) 285-1141f(310) 858-5966 BeverlyHffls.org P.M., Sunday Thursday 231 Open Air Dining Permit to continue to operate 726 square feet of open air dining on private property consisting of 45 chairs, 22 tables, 5 umbrellas and hours of operation for a property located in a commercial-residential transition area. The proposed hours of operation are 6:00 A.M. to 11:00 and 6:00 A.M. to 12:00 A.M., Friday - dining located on private property. air dining in the public right-of-way will remain enclosed with a raffing; otherwise be required to accommodate the 726 square feet of open air Extended Hours Permit to allow Urth Caffe to operate beyond the standard Waiver of Parking for 16 code-required parking spaces that would Saturday; 3 heaters. As well as 226 square feet of open air dining in the public rightof-way consisting of 16 chairs, 8 tables, 4 umbrellas and 4 heaters. The open expired. The request is for re-authorization of the following permits: granted approval to operate open air dining and a waiver of parking but the approval has since the property located at 267 South Beverly Drive (Urth Caffe). The applicant was previously A request for an Open Air Dining Permit, Extended Hours Permit, and a Waiver of Parking for 12, 2018, will hold a public hearing beginning at 1:30 PM, or as soon thereafter as the matter may The Planning Commission of the City of Beverly Hills, at its REGULAR meeting on Thursday, July be heard to consider: (cross street: Gregory Way) PROJECT ADDRESS: 267 South Beverly Drive 455 North Rexford Drive Beverly Hifis City Hall Beverly Hills, CA 90210 LOCATION: Commission Meeting Room 280A the matter may be heard TIME: 1:30 PM, or as soon thereafter as DATE: July 12, 2018 NOTICE OF PUBLIC HEARING

environmental regulations of the City. Upon review, the project appears to qualify for a Class 1 State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.), and the -2-232 wheelchair accessible and is equipped with audio equipment for the hearing impaired. If you need special assistance to attend this meeting, please call the Planning Division at (310) 285-1 192 or the meeting if you require captioning service so that reasonable arrangements can be made. In accordance with the Americans with Disabilities Act, Commission Meeting Room 280A is TTY (310) 285-6881. Please notify the Planning Division at least forty-eight (48) hours prior to Plan Mailed: June 22, 2018 Sincerely: Hills, CA 90210. If there are any questions regarding this notice, please contact Judy Gutierrez, Assistant Planner Department, and can be reviewed by any interested person at 455 North Rexford Drive, Beverly in the Planning Division at (310) 285-1192, or by email at jgutierrez@beverlyhffls.org. Copies of the project plans and associated application materials are on file in the Community Development According to Government Code Section 65009, if you challenge the City s action in court, you may considered as part of the public record. be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City, either at or prior to the public hearing. Please note that any comments received prior to or during the public hearing wifi be item. Any comments received after Tuesday, July 3, 2018, but prior the public hearing, will be comments received by Tuesday July 3, 2018 will be attached to the agenda report regarding this distributed to the Commission under separate cover. Written comments may also be submitted via email to jgutierrez@beverlyhffls.org. Any written Commission. Written comments also may be submitted prior to the public hearing to the Planning Any interested person may attend the meeting and be heard or present written comments to the Division, via mail: attn. Judy Gutierrez 455 N. Rexford Drive, 1St Floor, Beverly Hifis, CA 90210. of the state CEQA Guidelines. This exemption is applicable to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, Categorical Exemption (Existing Facilities) in accordance with the requirements of Section 15301 Accordingly, the Planning Commission will consider a recommendation to find the project (Existing Facilities). mechanical equipment, or topographical features, involving negligible or no expansion of use. exempt from the environmental review requirements of CEQA pursuant to Section 15301 California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.), the This project has been assessed in accordance with the authority and criteria contained in the

Planning Commission Report 267 South Beverly Drive (Urth Caffe Restaurant) July 12, 2018 Attachment F Public Comments 233

Judy Gutierrez From: Sent: To: Subject: Contact Information Redacted per Request Monday, June 25, 2018 5:56 PM Judy Gutierrez Waivers of Parking I Hello Judy To confirm our conversation today, I have no objection to the re-authorization of permits for Urth Cafe to continue their operations as they have been doing. However, I would like to express concern on how Waivers of Parking are handled on a broader scale and into the future. South Beverly Drive has terrible congestion and the continued granting of Waivers of Parking diminshes and detracts from any Beverly Hills experience. I have heard several non-residents say that they don t come to Beverly Hills because of the traffic and lack of parking. Beverly Hills is losing revenue to neighboring malls which enhance their customer experience with (among other things) convenient and ample parking. I have heard Mayor Gold discuss the need for a vision for Beverly Hills which will recapture the revenue lost to the malls. He is correct, but the problem is that no one will come to Beverly Hills ( vision or no vision ) if parking is inadequate. Parking needs have to be recognized and addressed for the community to thrive. How do Waivers of Parking effect the community long term, assuming that we are looking to bring mote and mote people into Beverly Hills as a commercial destination? I would like to also suggest that the Planning Commission look at the granting of Waivers of Parking not on an individual project or permit basis, but rather on what cumulative effect the reduction of parking has on the aggregate parking in the community as a whole. Thank you for your consideration. Information Redacted per Request 1 234

To the Beverly Hills Planning Commission: Regarding the 7-12-18 @ 1:30 planning commission hearing regarding 267 5. Beverly Drive (Urth Café) A) I respectfully OPPOSE the extended hours permit beyond the standard hours of operation the this property location: Extended Hours Permit B) I respectfully OPPOSE the following request for re-authorization of the following permit: Waiver of Parking Regarding Extended Hours Permit I am a resident at 257 El Camino Drive which around the block from 267 S. Beverly Drive. I have resided in my home for the past 18 years. There is no legitimate reason for the planning commission to allow the extended hours of operation of this restaurant beyond the standard hours of operation for this commercialresidential transition area. Regarding a Extended Hours Permit, my family and I have long endured having to hear and see the patrons of Urth Café race and speed with their loud sports cars around the block north on the El Camino Drive in order to return to Beverly Drive to find a parking spot on Beverly Drive. Maybe it s the frustration of not locating a parking spot and Beverly Drive that caused the Urth Café patrons have to circle around the block several times that causes them the speed around the block at extremely high rates of speed. Maybe it s because they want to show off the power of their luxury sports cars. Maybe it s because their sports car have OUT OF COUNTY license plates and these non-resident drivers only have foreign drivers licenses and know even if they are stopped and citied by the police they can ignore the citation since they reside in a county. Maybe it s because they were told back in 1919 El Camino Drive was part of an actual speedway track but these patrons did not know the speedway closed back in 1924. However, what I do know is an extended nighttime hours of operation will substantially increase the what is already a bad situation for our residents. There is nothing I can do as a resident if Urth Café operates within the standard hours for this location. However, I can voice to this commission that allowing extended hours will not benefit anyone except the owners of Urth Café. Extending the hours shall only extend the risk for injury to innocent residents on El Camino Drive by the patrons of Urth Café whom race and speed their sports cars as they circle the block several times till they find an open metered parking on Beverly Drive. I respectfully request of this commission DENY a Extend Hours Permit and not give this special treatment to this establishment. 235

Regarding a Waiver of Parking Finding a parking spot on Beverly Drive is horrendous to say the least. This is the one of the causes that created me to oppose the extended hours permit. it s this lack of parking on Beverly Drive that causes the patrons of Urth Café to race and speed with their loud sports cars around the block north on the El Camino Drive in order to return to Beverly Drive to hopefully find a parking spot on Beverly Drive. It s the same cars I see circling several times till they either find a space on Beverly Drive or finally give up. In some instance they will parking on El Camino Drive and ignore that a Zone D residential permit is required. Waiving the parking requirement per the City of Beverly Hills code is not solving the issue its making it worse, much worse H. I would suggest the alternative of offering valet parking for the 16 parking spaces that the code requires. There is plenty of nighttime office space parking that is available. There is a whole level of upper parking spaces at the Pavilions Market one block to the south. Why do the nearby residents have to endure the congestion of cars circling and circling several times to locate a parking space. Why do the nearby residents have to endure the issues Urth Café has allowed to occur while Urth Café wants to create additional revenue. The bottom line as I am sure most everyone in this room knows- None of these requested permits are for the benefit of our residents. It s strictly to increase Urth Café own revenue stream and serves no other purpose. I respectfully request of commission DENY a Wavier of Parking and not give this special treatment to this establishment. DocuSigned by: Arnon Gurma 257 El Camino Drive Beverly Hills, CA. 90212 (310) 995-2790 2018 I 8:26:34 PM PDT Hills residents 236

Judy Gutierrez From: Sent: To: Subject: Jerry Dobkin <jerrydobkin241@gmail.com> Friday, June 29, 2018 5:31 PM Judy Gutierrez Parking grants for business Judy, I am a long time resident and find it unfair to renew any parking for a business that has an expired permit and wants to renew it without considering the effect it will have on residential quality of life. A notice should be sent to neighboring community advising them before an automatic renewal is granted Jerry Dobkin Board Member of The Municipal League Jerry Dobkin 1 237

Planning Commission Report 267 South Beverly Drive (Urth Caffe Restaurant) July 12, 2018 Attachment G Police Reports for 267 South Beverly Drive 238

- I - 1 - - 1 2016-00017552 04,06/2016 25:58:13 TAG 2016-00015272 03/24/2016 17:14:30 GDA - 2 2016-00015102 03/23/2016 17:39:17 CIT - 1 2016-00014458 03/19/2016 22:56:26 ADV - 1 20)6-00014397 03/29/2016 14:57:03 ADV 1 2D1600014197 03/18/2016 10:55:50 CIT - 1 2016-00014032 03/17/2C16 12:24:35 RPT - 2 2016-00012292 03/06/2016 05:27:16 REV - 1 2016-00010239 02/25/2016 14:59:42 CIT - 1 2016-00008607 02/17/2016 08:59:24 UTL - 1 2016-00005913 02/03/2016 08:04:18 ROy - 1 2016-00004968 01/26/2016 13:42:01 CRP - 1 2016-00000100 01/01/2016 18:45:44 GOA - 1 2015-00067001 12/26/2015 21:02:31 CIT - 1 2015-00066831 12/25/2015 10:33:47 ALMA 2015-00063664 12/08/2015 08:57:38 REV - 1 2015-00061894 11/27/2015 05:10:58 ALMS - 1 2015-00059369 11/12/2016 10:56:55 RPT - 1 2015-00059168 11/11/2015 09:51:46 ARR - 1 2015-00059143 11/11/2015 07:37:16 AR?. - 1 2015-00059040 11/10/2015 14:02:53 CMP - 1 2015-00058295 11/06/2015 13:24:21 GOA - 1 2015-00052387 10/06/2015 16:58:56 SOW - 1 2015-00052029 10/04/2015 22:07:26 GOA - 1 2015-00051882 10/03/2015 18:56:15 CIT - 1 2015-00051845 10/03/2015 15:32:42 ADV - 1 2015-00050528 09/26/2015 22:15:05 SOW - 1 2015-00049624 09/22/2015 11:45:00 CIT - 1 2015-00049176 09/19/2015 22:39:42 BROADC - 1, UNF - 1 2015-00049169 09/19/2015 21:53:29 SOW - 1 2015-00048763 09/17/2015 20:39:06 tith - I 2015-00047392 09/10/2015 09:21:59 SDW - 1 2015-00046445 09/05/2015 09:14:57 NPA - 1 2015-00042952 08/20/2015 12:25:10 GOA - 1 2015-00042087 08/17/2015 10:47:54 RES - 1, AER - 2015-00040302 08/06/2015 22:30:20 UTL - 1 2015-00039413 08/04/2015 23:33:33 GOA - 1 2015-00039334 08/04/2015 14:48:44 ADV - I 2015-00038846 08/01/2015 20:36:56 CIT - 1 2015-00038667 07/31/2015 17:48:22 ADV - 1 2015-00038295 07/29/2015 23:40:17 UTL - 1 2015-00038276 07/29/2015 21:49:02 REV - 1 2015-00038273 07/29/2015 21:33:14 ADV - 1 2015-00038013 07/28/2015 20:00:19 ADV - 1 2015-00037063 07/22/2015 20:16:01 NPA - 1 2015-00036250 07/17/2015 22:25:54 GOA - 1 2015-00035253 07/12/2015 20:55:32 Fl - 1, CIT - 1 2015-00033370 07/01/2015 22:41:00 RPT 1 2015-00031468 06/21/2015 16:51:29 REV - 1 2015-00028939 06/07/2015 22:40:01 ANT - I 2015-00027437 05/30/2015 21:45:10 CIT - 1 2015-00026801 05/27/2015 17:53:15 ABV - 1 2015-00024797 05/25/2025 18:20:14 SOW - 1 2015-00024684 0S/15, 2015 22:17:36 GOA - 1 2015-00020687 04/23/2015 23:41:40 RPT - 1 2015-00019720 04/18/2015 22:40:16 UTL - 1 2015-00019243 04/16/2015 14:54:31 CIT - 1 2015-00017176 04/04/2015 20:42:58 GOA - 2015-00014593 03/21/2015 22:02:15 CIT - 2015-00009331 02/20/2015 12:54:00 EX - 1 2015-00009133 02/20, 2015 04:36:31 CKOK 2015-00008419 02/16/2015 19:18:29 R 1 2015-00005414 01/31/2015 22:41:14 QA - I 2015-00002909 01/18/2015 12:03:04-1 267 S BEVERLY 267 S BEVERLY 267 S BEVERLY 267 S BEVERLY 267 S BEVERLY 267 S BEVERLY 267 S BEVERLY 267 S BEVERLY 267 5 BEVERLY 267 S BEVERLY 267 S BEVERLY 267 S 3EVERLY 257 S BEVERLY 267 S BEVERLY 267 S BEVERLY 267 S BEVERLY 267 S BEVERLY 267 S BEVERLY 267 S BEVERLY 267 S BEVERLY 267 S BEVERLY 257 S BEVERLY 267 S BEVERLY ) 267 S BEVERLY BR, 267 S BEVERLY OR, 267 5 BEVERLY BR, 267 S BEVERLY BR, 267 S BEVERLY BR, 267 S BEVERLY BR, 267 S BEVERLY BR, 267 S BEVERLY BR, 267 S BEVERLY BR, 267 S BEVERLY BR, 267 S BEVERLY BR, 267 S BEVERLY BR, 267 S BEVERLY BR, 267 S BEVERLY BR, 267 S BEVERLY BR, 267 5 BEVERLY BR, 267 S BEVERLY BR, 267 S BEVERLY BR, 267 S BEVERLY BR, 267 5 BEVERLY BR, BR, BEVERLY HILLS PARKING CA BR, BEVERLY HILLS TRANS1ENTQjPLAIHT OR, BEVERLY HILLS PARKINC BR, BEVERLY HILLS 415 PC-),)STURBANCE BR, BEVERLY HILLS 415 PC- TSTURBANCE DR. BEVERLY HiLLS PARK U CALL OR, BEVERLY HILLS CC REPORT BR, BEVERLY HILLS P- NC CALL BR, BEVERLY HILLS -. HG CALL BR, BEVERLY KILLS NILE COMPLAINT BR, BEVERLY KILLS NSIENT COMPLAINT BR, BEVERLY HILLS ARKING CALL BR, BEVERLY HILL PARKiNG CALL OR, BEVERLY HI BR, BEVERLY HIL BR, BEVERLY ER, BEVERLY4.S OR, BEVERL LS BR, SEVER ILLS BR, BEVF HILLS BR, BE HILLS OR, BEELY HILLS BR, BEVE!LY HILLS 267 S BEVERLY OR, EVERLY HILLS 267 5 BEVERLY D?, JERLY HILLS 267 S BEVERLY R EVERLY BILLS 267 S BEVERLY BEVERLY HILLS 267 S BEVERL D, BEVERLY HILLS 267 S BEVER. BEVERLY HILLS 267 S BEVERL. JR, BEVERLY HILLS 267 S BEVERLY BR, BEVERLY HILLS 267 S BEVRLY BR, BEVERLY HILLS 267 S BEVERLY BR, BEVERLY HILLS 267 S BEVERLY BR, BEVERLY HILLS 267 VERLY BR, BEVERLY HILLS 267f MVERLY BR, BEVERLY HILLS 261%7BEVERLY BR, BEVERLY HILLS 2()J BEVERLY BR, BEVERLY HILLS BEVERLY BR, BEVERLY HILLS S BEVERLY BR, BEVERLY HILLS S BEVERLY BR, BEVERLY HILLS /67 S BEVERLY BR, BEVERLY HILLS 257 S BEVERLY BR, BEVERLY HILLS 267 S BEVERLY BR, BEVERLY HILLS BEVERLY HILLS BEVERLY HILLS BEVERLY HILLS BEVERLY HILLS BEVERLY HiLLS BEVERLY HILLS BEVERLY HILLS BEVERLY HILLS BEVERLY HILLS BEVERLY MILLS BEVERLY HILLS BEVERLY HILLS BEVERLY HILLS BEVERLY HILLS BEVERLY HILLS BEVERLY HILLS BEVERLY HILLS BEVERLY HILLS BEVERLY HILLS BEVERLY HILLS SUBJECT STO? ATflM KEEP THE PEACE ALARN THREATS SUBJECT STOP CODE 5 PARKING CALL PARKING CALL SUBJECT STOP SUSPICIOUS CIRCUMSTANCES TRAFFIC STOP JUVENILE COMPLAINT PARKING CALL TRAFFIC STOP OTHER TRANSIENT COMPLAINT OTHER 416 PC- 415 PC- PARKING DI STURBANC E DISTURBANCE CALL ASSAULT OTHER TRAFFIC HAZARD KEEP THE PEACE PARKING CALL ANIMAL COMPLAINT TRAFFIC HAZARD DISTURBING THE PEACE DISTURBING THE PEACE 415 PC- DISTURBANCE PARKING CALL TRANS lent COMPLAINT TRANSIENT COMPLAINT 484 PC- PETTY THEFT TRANS I ENT COMPLAINT 647(F) PC- DRUNK/DRUGS SUBJECT STOP ASSIST THE CITIZEN PARKING CALL TRANS I ENT COMPLAINT 684 PC- PETTY THEFT OTHER PARKING CALL SUSPICIOUS CIRCUMSTANCES PARKNG CALL TRAFFIC ACCIDENT MUNICIPAL CODE VIOLATION PROPERTY (LOST OR FOUND) JUVENILE COMPLAINT SUBJECT STOP 49 239

1. 1 2 1 1 1 1, 1 1 1 1 1 1 1 1 1 2, 1 1 1 1 1 1 257 1 267 1 1, 1 1 1 1 1 1 1 1 - - - - - - - - - - - -- - - - - - - - - - - - - - - 2015-00001344 01/09/2015 09:54:20 CIT RR - 267 S BEVERLY DR. BEVERLY HILLS SUBJECT ST 2015-00001037 01/07/2015 20:05:14 RES 1, ADV AST 267 S BEVERLY DJ, BEVERLY HILLS TRAFFIC P 2O15-OOCOS87 01/05/2015 17:18:16 UTL 1 267 S BEVERLY DR, LIEVERLY HILLS SUSPICi - EPC N 2014-000S4892 12/25/2014 06:56:18 ALMA 267 S BtVEP.LY CR, BEVERLY HILLS ALAR! - 1 2014-00053801 12/18/2014 12:23:32 NPA 1 267 S 3EVERLY OR, BEVERLY HILLS 459V PC- EH EURLAPY 2014-00051439 12/04/2014 21:02:20 CIT - 267 S BEVERLY DR. BEVERLY HILLS TRAI C STOP 2O14OOO51438 12/04/2014 20:57:32?7PA 267 5 BEVERLY OR, BEVERLY HILLS 48 r PETTY THEFT 20.14-00050532 11/28/2014 15:40:48 SOW 1, 267 S BEVERLY OR, BEVERLY HILLS TP IENT COMPLAIST - ADV - I 2014 00050416 11J27/2014 09:09:14 ALMA 267 S BEVERLY OR, BEVERLY HILLS 4 2014-00048095 11/13/2014 20:50:10 ARE 267 S BEVERLY OR, BEVERLY MILLS FIC - 1 - STOP 2014-00047166 11/08/2014 09:08:06 tttl - 267 S BEVERLY OR, BEVERLY HILLS ISIENT COMPLAINT 2014-00044138 10/21/2014 18:40:17 AOV 267 S BEVERLY BR, BEVERLY NILLC RANSENT COMPLAINT 267 S BEVERLY OR, BEVERLY HILL TRANSIENT COMPLAINT 2014-00041738 10/07/2014 21:48:47 SOW - 1, CKOK - 1, ADV 2014-00040136 09/27/2014 20:17:02 NPA 267 S BEVERLY BR, BEVERLY HI S PARKING CALL 2014-00039829 09/25/2014 18:37:48 GOA 1 267 S BEVERLY BR, BEVERLY HIL. PARKING CALL - 2014-00038406 09/16/2014 22:43:32 RAE 01(0K 267 S BEVERLY OR, BEVERLY MAN DOWN 2014-00036825 08/30/2014 20:26:55 GOA 267 S BEVERLY OR, BEVERLY.,S TRANSIENT CONPLAIL T 2014-00032565 08/10/2014 22:05:52 CKOK 267 S BEVERLY DR, BEVERL 1LLS PARKING CALL - 1 2014-00032329 08/08/2034 20:33:19 GOA 267 S BEVERLY BR, NEVER JILLS PARKNG CALL 2014-00031888 08/05/2014 22:50:30 CIT - 267 S BEVERLY BR, BEVF HILLS PARKING CALL 2014-00031870 08/05/2014 19:26:42 CIT - 1 267 5 BEVERLY OR, BE HILLS PARKING CALL 204-00031563 08/03/2014 21:50:59 CIT - 267 S BEVERLY OR, BLY HILLS PARKING CALL 2014-00031300 08)01/2014 22:25:13 ADV - 1 267 S BEVERLY OR, BEVELY HILLS SUBJECT STOP 2014-00023791 06/12/2014 21:58:39 CKOK 267 S BEVERLY DR,4VERLY HILLS 415 PC- DISTURBANCE - 1 267 S BEVERLY D.,.1JERLY HILLS ASSIST BUFD 2014-00023073 06/08/2014 08:53:09 RES - 1, CKOK 2014-00022368 06/03/2014 21:25:04 GOA - 1 267 S BEVERLY EVERLY HILLS PARKING CALL 2014-00020187 05/19/2014 23:02:22 CIT - 267 5 BEVERLY BEVERLY HILLS PARKING CALL 267 5 BEVERLy 0, BEVERLY HILLS 415 PC- DISTURBANCE 2014-00018785 05/10/2014 23:07:46 CKOK - 1, ADV 2014-00016737 04/27/2014 22:34:30 CIT - 267 S BEVEWY R, BEVERLY HILLS PARKING CALL 2014-00012174 03/27/2014 23:12:14 ANT - 1 267 5 BEVERL BEVERLY HILLS OTHER 2014-00011915 03/26/2014 12:46:18 NPA 267 5 BEVERLY OR, BEVERLY HILLS PARKING CALL 2014-00011832 03/25/2014 21:41:52 GOA 1 267 S 3EVRLY OR, BEVERLY HILLS PROPERTY (LOST OR FOUND) 2014-00008560 03/03/2014 02:43:15 NEC 1 267 5 BEVRLY OR, BEVERLY HILLS 487 PC- GRAND THEFT - 2014-00007449 02/22/2014 21:15:52 UTL - 267 5 BEVERLY OR, BEVERLY HILLS OTHER 2014-00007444 02/22/2014 20:34:40 CIT - 267 VERI,Y OR, BEVERLY HILLS PARKING CALL 2014-00005285 02/08/2014 20:53:28 GOA - 1 267 EVERLY OR, BEVERLY HILLS PARKING CALL 2014-00004275 01/31/2014 18:47:50 GOA - 1 26 BEVERLY OR, BEVERLY HILLS TRANSIENT COMPLAINT 2014-00002790 01/21/2014 15:27:44 RES NRA 7 BEVERLY OR, BEVERLY HILLS MAlT DOWN 2014-00002657 01/20/2014 17:22:03 COA 5 BEVERLY OR, BEVERLY HILLS 415 PC- DISTURBANCE 2014-00000513 01/05/2014 15:52:37 GOA S BEVERLY OR, BEVERLY HILLS 415 PC- DISTURBANCE 2014-00000441 01/04/2014 21:37:42 CIT - 1 67 5 BEVERLY BR, BEVERLY HILLS PARKING CALL 2013-00052535 12/24/2013 13:16:14 CIT - 1 267 S BEVERLY OR, BEVERLY HILLS PARKING CALL 2013-00049428 11/30/2013 23:19:57 ADV - 1 267 S BEVERLY OR, BEVERLY HILLS TRANSIENT COMPLAINT 2013-00047966 11/18/2013 22:50:15 SOW - 267 S BEVERLY OR, BEVERLY HILLS TRANSIENT CO, 1PLAINT 267 S BEVERLY OR, BEVERLY HILLS 911 CALL 2013-00044625 10/27/2013 23:03:59 CKOK - 1, ADV 2013-00043949 10/23/2013 17:03:11 GOA - 1 267 S BEVERLY OR, BEVERLY HILLS TRANSIENT COMPLAINT 2013-00043321 10/19/2013 02:40:16 NRD - 1 267 S BEVERLY OR, BEVERLY HILLS TRAFFIC ACCIDENT 267 S BEVERI,Y BR, BEVERLY HILLS TRANSIENT COMPLAINT 2013-00042336 10/12/2013 16:59:45 t3tl - 1, GOA 2013-00039839 09/25/2013 22:01:39 OOA - 1 267 S BEVERLY OR, BEVERLY HILLS TER,NSIENT COMPLAINT 2013-00034474 08/23/2013 22:32:46 UTL 267 S BEVERLY OR, BEVERLY HILLS TRANSIENT COMPLAINT 2013-00032975 08/14/2013 19:55:44 CIT - 1 267 S BEVERLY OR, BEVERLY HILLS PARKING CALL 2013-00030151 07/26/2013 16:01:59 UTL - 1 267 S BEVERLY OR, BEVERLY HILLS TRANSIENT COMPLAINT 2013-00028868 07/18/2013 17:29:34 NRA - 1, 267 S BEVERLY BR, BEVERLY HILLS PARKING CALL CIT - 2013-00027943 07/12/2013 18:22:01 SOW - 1 267 S BEVERLY OR, BEVERLY HILLS TRANSIENT COMPLAINT 2013-00027601 07/11/2013 22:40:37 ADV 267 S BEVERLY OR, BEVERLY HILLS PARKING CALL 2013-00026630 07/04/2013 18:55:08 GOA 267 S BEVERLY OR, BEVERLY HILLS 415 PC- DISTURBANCE 2013-00024578 06/20/2013 21:09:14 CKOK S BEVERLY OR, BEVERLY HILLS PARKING CALL 2013-00018936 05/14/2013 13:19:24 2 267 S BEVERLY OR, BEVERLY HILLS TRAFFIC ACCIDENT ER - 2013-00014549 04/13/2013 22:43:40 GOA S BEVERLY OR, BEVERLY HILLS PARKING CALL 2013-00012959 04/03/2013 08:51:47 CIT 267 S BEVERLY ER, BEVERLY HILLS SUBJECT STOP - 1 2013-00012951 04/03/2013 08:07:22 267 S BEVERLY OR, BEVERLY HILLS SUBJECT STOP 2013-00011354 03/22/2013 13:17:08 267 S BEVERLY ER, BEVERLY HILLS PARKING CALL 2013-00007685 02/26/2013 15:15:13 267 S BEVERLY OR, BEVERLY HILLS TRAFFIC HAZARD y 49 240

Planning Commission Report 267 South Beverly Drive (Urth Caffe Restaurant) July 12, 2018 Attachment H Urth Caffe Extended Hours Memo 241

Exclusively Organic Coffees & Fine Teas June 29, 2018 RE: Extended Hours Application 267 South Beverly Drive To Whom It May Concern: Shortly after the approval of Urth Caffe Beverly Hills 267 South Beverly Drive outside dinning permit in 2005, we updated our hours of operations to be consistent with other Urtli Caffe Branches. We have operated under these hours for the past 13 years at Urth Caffe Beverly Hills without complaints from our neighbors. We enjoy a wonderful relationship with all our neighbors and the community of Beverly Hills. Urth Caffe has been respectful of our neighbors and has built an excellent reputation of communication and respect with our neighbors and City of Beverly Hills. We have a proven track record of serving the Beverly Hills community for 13 years with our current hours of operations. All 6 Urth Caffe branches across Southern California operate consistently with the same hours of operations. Thank you very much for your consideration. Sincerely, I Shallom Berkman President, Urth Caffe Corporation 451 SOUTH HEWITT PHONE: 213-797-4532 ST LOS FAX: ANGELES, CALIFORNIA 213-797-4538 WWW.URTHCAFFE.COM 90013 242

Urth Caffe Off-Site Parking Memos Attachment I Planning Commission Report 267 South Beverly Drive (Urth Caffe Restaurant) July 12, 2018 243

A*INO ønti INC. From: Edgardo A. Martinez Facility Manager 100 N. Crescent Dr. Beverly Hills, CA 90210 February 14, 2018 City of Beverly Hills RE: Parking Verification This Letter serves to verify that Urth Caffe is currently using my garage at 100 N. Crescent Dr. for their employees. They are tenting 3 parking spaces and its a month to month contract. Urth Caffe has been using my garage since June 21, 2016. Any questions or concerns please feet free to contact me at (310) 385-4099. Thank you. 244

Exclusivety Organic Coffees Teas &fine May 15, 2018 City of Beverly Hills Community Development Department do: Judy Gutierrez, Assistant 455 N. Rexiord Dr. Beverly Hills, CA 90210 Planner Re: Urth Caffe Seating Requirements Dear Judy, Urth Caffe Beverly Hills currently rents seven parking spaces from North Canon Drive/242 North Beverly Drive, Beverly Hills, CA for Carolyn Boudoin Eduardo Amaro Francisco Antonio Lopez Gabriel Alvarado Jesus Lauren Sanchez Margarita Lopez Rosa Chavez the City of Beverly Hills parking facility of following the benefit the employees. located at 241 Enclosed with this letter are The City of Beverly Hills has If you have any the been questions please City of Beverly Hills forms providing parking feel spaces free to contact me. completed by for Urth Caffe each of these employees Urth Caffe since September employees. 2014. Most Sincerely, Shallom Berkman President and Co-Founder Urth Caffe Corp. 451 5. Hewitt St. Los Angeles, CA 90013 Tel (213) 229-8925 Fax (213) 626-0819 245

Planning Commission Report 267 South Beverly Drive (Urth Caffe Restaurant) July 12, 2018 Attachment J Urth Caffe Parking Management Plan 246

Urth 6 4s.xcf 1r Exclusiiety Ounü Coffees 05-30-18 Cl Hue Teas RE: Parking Management Plan Dear Planning Commission: Urth Caffe Beverly Hills operates with a highly effective Parking Management Plan that provides ample parking for our staff and patrons. Our plan combines several solutions such as rented off-site parking spaces, onsite carpool parking spaces, paid bus pass program, 6 day a week valet service, pick up zones, and a food delivery service. ONSITE PARKING AT THE REAR Urth Caffe has 8 tandem parking spots at the rear. The on-site parking is used exclusively for Urth employees and delivery drivers. We prioritize the availability of parking spaces for employees who participate in the company carpool program. 5 spaces are used for the morning shift, 2 spaces are used for delivery drivers and 6 spaces are used for dinner/mid shift. OFFSITE PARKING Urth Caffe rents a total of 10 parking spaces for employees at 2 separate local parking lots: We have 3 parking spaces located at 100 North Crescent Drive, and 7 parking spaces located at 241 & 242 North Canon Drive. BUS PASS PROGRAM For those employees who do not participate in the company carpool program, Urth Caffe pays for their bus passes. PATRON PARKING Although, Urth Caffe does not offer parking for Beverly Hills during the daytime - Beverly Hills managers have conducted a survey of our patrons over a 2-day period to determine where they park. It is our conclusion that the majority of guests either live or work within walking distance of Urth Caffe. In fact, our survey revealed that between 62% to 87% of our patrons either walk from home or work, or use Urth s valet service. VALET PARKING SERVICES Urth Caffe Beverly Hills has a successful valet parking operation starting at 6:00pm until 1 2 00 am - days a week. This is an effective program that parks cars for our patrons every evening keeping valuable sueet meters open for other business. We found that our valet program parks in excess of 20 cars per evening. Furthermore, there are 2 x 10 minute pick up spaces in front of Urth Caffe for quick service and Urth Caffe has a food delivery service that delivers directly to customers 7 days a week 9am to 9pm.Our delivery service relieves the need for parking. Our conclusion is that a majority of Urth patrons walk to Urth Caffe from neighborhood homes and businesses. We also have ample employee parking and a strong parking management plan for our employees. Urth has been a good, responsible neighbor with tremendous community involvement and an excellent reputation in Beverly Hills. We have been honored as a valued member of the business community by past Mayors of Beverly Hills. Thank you for your consideration in allowing us to operate our outside patio as we have done respectfully since 2003. Most Sincerely, Shallom Berkrnan CoFounder, Urth Caffe 247

URTH CAFFE BEVERLY HILLS PARKING MANAGEMENT 5/30/2018 EMPLOYEE SHIFT PARKING AT THE REAR RENTED OFFSITE BUS PASS #1 MANAGER MORNING X #2 MANAGER MORNING X #3 MORNING X #4 MORNING x #5 MORNING X #6 MORNING X #7 MORNING X #8 MORNING X #9 MORNING X #10 MORNING X #1 MANAGER MID X #2 MID X #3 MID X #4 MID X #1 MANAGER DINNER X #2 MANAGER DINNER X #3 DINNER X #4 DINNER X #5 DINNER X #6 DINNER X #7 DINNER X #8 DINNER X NOTES: URTH CAFFE HAS 8 TANDEM PARKING SPOTS AT THE REAR 5 SPACES ARE USED FOR THE MORNING SHIFT, 2 SPACES ARE USED FOR DELIVERY DRIVERS AND 6 SPACES ARE USED FOR DINNER/MID SHIFT URTH CAFFE RENTS 3 OFFSITE PARKING SPACES AT 100 N. CRESCENT HEIGHTS DR. URTH CAFFE RENTS 7 OFFSITE PARKING SPACES AT 241 & 242 N. CANON DRIVE URTH CAFFE IS BUYING BUS PASSES FOR EMPLOYEES WHO DO NOT CARPOOL URTH CAFFE HAS A FOOD DELIVERY SERVICE THAT DELIVERS DIRECTLTY TO URTH CUSTOMERS 7 DAYS A WEEK 9AM TO 9PM THIS SERVICE RELIEVES THE NEED FOR PARKING THERE ARE 2 X 10 MINUTE PICK SPACES IN FRONT IF URTR CAFFE Exciusiicly t)rganw Q43ecs Fine Teas 248

Planning Commission Report 267 South Beverly Drive (Urth Caffe Restaurant) Julyl2,2018 Attachment K Urth Caffe Patron Parking Survey 249

Exciusivety Organic Coffees & Fine Teas 05-30-18 RE; Parking Survey Dear Planning Commission: Urth Beverly Hills managers have conducted a survey of our patrons to determine where they park. It is our conclusion that the majority of guests either live or work within walking distance of Urth Caffe. Urth has a long and distinguished track record and reputation in the City of Beverly Hills. Our community involvement is second to none. As a result, local schools, businesses, and neighbors choose Urth Caffe as their local gathering spot. LUNCH We conducted on our survey on Friday? May 25 and Saturday, May 26th between the hours of 12:00pm and 2:30pm (our peak hours). During these 2 days? we surveyed a total of 252 guests and found that 62% had walked from either their place of work or home. The remainder of guests had found parking at the public garage or street meters. We did not find any customers who parked in the neighborhood. DINNER We conducted this survey on Friday, May 25 and Saturday? May 26tfl between the hours of 5pm to 11:00pm. During these 2 evenings, we surveyed a total of 262 guests and found that 87% of our guests either walked from home, walked from work, or used Urth s valet service to park their cars. Very few cars were parked at meters or the public gatage. We did not survey any patrons parked in the neighborhoods for those two evenings. Our conclusion is that a majority of Urth patrons walk to Urth Caffe from neighborhood homes and businesses. We also have ample employee parking and a strong parking management plan for our employees. We operate an effective delivery service 7 days a week from 9am to 9pm to serve guests who do not want to drive or walk. Urth has been a good, responsible neighbor with tremendous community involvement and an excellent reputation in Beverly Hills. We have been honored as a valued member of the business community by past Mayors of Beverly Hills. Thank you for your consideration in allowing us to operate our outside patio as we have done respectfully since 2003. Most Sincerely, Shallom Berkman CoFounder, Urth Caffe 250

URTH CAFFE BEVERLY HILLS PARKING SURVEY 5/25/2018 TIME: LUNCH 12:00PM TO 2:30PM INTERIOR TABLES GUESTS @ TABLE PARKED @ STREET METER PARKED @ PUBLIC GARAGE WALKED FROM WORK WALKED FROM HOME 1 4 X 2 4 X 3 3 X 4 2 X 5 2 X 6 2 X 7 2 X 8 4 X 9 2 X 10 2 X 11 4 X 12 2 13 2 X 14 3 X 15 2 X 16 2 X 17 2 X Exclusively Organic Coffees & Fine Teas 251

2 4 URTH CAFFE BEVERLY HILLS PARKING SURVEY 5/25/2018 TIME: LUNCH 12:00PM TO 2:30PM EXTERIOR TABLES GUESTS @ TABLE PARKED @ STREET METER PARKED @ PUBLIC GARAGE WALKED FROM WORK WALKED FROM HOME 1 2 X 2 2 X 3 4 X 4 3 X 5 2 X 6 2 X 7 2 8 2 X 9 4 X 10 4 X 11 3 X 12 2 X 13 2 X 14 2 X 15 2 X 16 - X 17 2 X 18 2 X 19 4 X - 2 X 21 2 x 22 3 X 23 2 X 24 2 x 25 2 X 26 2 x 27 3 X 28 3 X 252

URTH CAFFE BEVERLY HILLS PARKING SURVEY 5/25/ 2018 TIME: Dinner 5:00PM TO 11:00PM INTERIOR TABLES $GUESTS VALET PARKING PARKED @ STREET METER PARKED @ PUBLIC GARAGE WALKED FROM WORK WALKED FROM HOME 1 2 X 2 4 X 3 4 X 4 3 X 5 2 X 6 2 X 7 2 X 8 2 X 9 4 X 10 2 X 11 2 X 12 4 13 2 X 14 2 X 15 3 X 16 4 X 17 4 X 4% Exclusively Organic Coffees & Fine Teas 253

URTH CAFFE BEVERLY HILLS PARKING SURVEY 5/25/2018 TIME: Dinner 5:00PM TO 11:00PM EXTERIOR TABLES #GUESTS VALET PARKING PARKED @ STREET METER PARKED @ PUBLIC GARAGE WALKED FROM WORK WALKED FROM HOME 1 3 X 2 3 X 3 2 X 4 2 X 5 4 X 6 4 X 7 3 X 8 2 X 9 2 X 10 2 X 11 2 X 12 4 X 13 2 X 14 2 X 15 4 X 16 2 X 17 2 X 18 3 X 19 4 X 20 4 X 21 4 X 22 3 X 23 3 X 24 2 x 25 4 X 26 2 X 27 4 X 28 3 X 254

_ URTH CAFFE BEVERLY HILLS PARKING SURVEY 5/26/2018 TIME: LUNCH 12:00PM TO 2:30PM INTERIOR TABLES GUESTS @ TABLE PARKED @ STREET METER PARKED @ PUBLIC GARAGE WALKED FROM WORK WALKED FROM HOME 1 4 X 2 2 X 3 2 X 4 3 X 5 4 X 6 4 X 7 4 X 8 3 X 9 3 X 10 2 X 11 4 X 12 2 X 13 4 X 14 3 X 15 2 X 16 4 X 17 4 X 44% C AiJ A Exdusk ely Organic Coffees & Fine Teas 255

URTH CAFFE BEVERLY HILLS PARKING SURVEY 5/26/2018 TIME: LUNCH 12:00PM To 2:30PM EXTERIOR TABLES GUESTS @ TABLE PARKED @ STREET METER PARKED @ PUBLIC GARAGE WALKED FROM WORK WALKED FROM HOME 1 2 X 2 3 X 3 4 X 4 4 X 5 4 X 6 3 X 7 3 8 2 X 9 4 10 2 X 11 4 X 12 3 X 13 2 X 14 4 X 15 4 X 16 4 X 17 4 X 18 3 X 19 2 X 20 2 X 21 2 X 22 2 x 23 4 X 24 2 X 25 2 X 26 4 X 27 2 X 28 2 X 256

URTH CAFFE BEVERLY HILLS PARKING SURVEY 5/26/2018 TIME: Dinner 5:00PM TO 11:00PM INTERIOR TABLES 1tGUESTS VALET PARKING PARKED @ STREET METER PARKED @ PUBLIC GARAGE WALKED FROM WORK WALKED FROM HOME 1 2 X 2 4 X 3 4 X 4 3 X 5 2 X 6 2 X 7 2 X 8 2 x 9 4 - X 10 2 X 11 2 X 12 4 X 13 2 X 14 2 X 15 3 X 16 4 X 17 4 X Exclusively Organic Coffees & fine Teas 257

URTH CAFFE BEVERLY HILLS PARKING SURVEY 5/26/2018 TIME: Dinner 5:00PM TO 11:00PM EXTERIOR TABLES ft GUESTS VALET PARKING PARKED @ STREET METER PARKED @ PUBLIC GARAGE WALKED FROM WORK WALKED FROM HOME 1 - x 2 3 X 3 4 X 4 2 X 5 4 X 6 4 X 7-8 2 x 9 4 X 10 4 X 11 3 X 12 2 X 13 2 X 14 2 X 15 2 X 16 4 X 17 2 X 18 2 X 19 4 X 20 2 x 21 2 x 22 3 X 23 4 X 24 4 X 25 3 X 26 4 X 27 3 X 28 2 x 258

Planning Commission Report 267 South Beverly Drive (Urth Caffe Restaurant) July 12, 2018 Attachment L Urth Caffe Valet Services Memo 259

June 18 2018 269 S. Beverly Dr. #735, Beverly Hills, CA 90212 l-800498-7275 Fax & Phone 3. Total # of valet attendants - 2. Hours ofoperation are: Mon. Sat. - company serving Urth Caffe, Beverly Hills 1. Party Parking Valet Service, LLC is the valet at the above mentioned restaurant and location: e-mail: sberkman@urthcaffe.com Rest. Tel: (310) 205 9311 Office Tel: (213) 229 8925 Beverly Hills, Ca. 90210 PARTY PARKING VALET SERVICE7 LLC. Mr. Shallom Berkman URTH CAFFE 267 So. Beverly Dr. The following is information regarding our valet service 6:00 2 Gen. Mgr. Marcia Middendorf Thank you, any time. If you require any further details, please contact me at: 216 So. Beverly Dr., Beverly Hills, Ca. 90210 5. All customer cars are parked at the City garage located Hil1s- See attached copy 4. Route Map is per our permit with the City of Beverly pm - 12:00 am 260

Planning Commission Report 267 South Beverly Drive (Urth Caffe Restaurant) July 12, 2018 Attachment M Architectural Plans (Provided under separate cover) 261