[0:00] >>> [0:03] and welcome to [0:06] the regular [0:08] planning commission meeting of the [0:09] city of beverly [0:11] hills, december 11, 2025 and I do [0:12] call [0:15] this meeting to order. [0:20] 1st of all I would like to remind [0:20] everybody, [0:21] including my fellow commissioners [0:22] to silence your cell phones. Members [0:23] of [0:26] the public may listen to [0:29] the meeting by calling 310- [0:30] 288-2288 and selecting option 2 , [0:33] the meeting is [0:36] airing live on channel 10 streaming [0:38] live on the city website at beverly hills [0:41] on the city website@beverlyhills.org. [0:44] written public comment can be submitted [0:48] by sending an email to comment [0:51] pc at beverly hills [0:53] and oral public comment [0:56] can be heard by calling 310, 228, 2288 [0:59] selecting option 1 [1:02] or by video at beverly hills/ [1:05] bev public [1:09] passcode of 90210. [1:12] at this point I would like to invite [1:13] our [1:14] newly named and almost all official [1:18] city planner [1:19] cindy gordon, congratulations, by [1:21] the way to lead us [1:24] in the pledge of allegiance. [1:26] >> I pledge allegiance to the flag [1:26] of the united [1:27] states of america and to the republic [1:31] for which it stands, one nation under god [1:34] , indivisible with liberty and justice [1:38] for all. [1:42] >> thank you, cindy. [1:45] karen would you please call the roll. [1:46] >> [1:47] commissioner kaplan here commissioner [1:48] ross here, [1:51] commissioner demeter is absent, vice [1:54] chair milkowski here , chair [1:59] wolfe here. [2:00] >> at this time whether any [2:00] communications from [2:01] the audience for items not on the [2:02] agenda ? Seeing none in the room [2:04] are there any email, video or written comments [2:05] for [2:08] items not on the agenda? [2:09] >> no non-agenda comments. [2:13] >> therefore please read the legislative [2:15] applicant registration. [2:17] >> thank you, the city has ordinance [2:18] requiring registration of [2:21] lobbyists or advocates prepaid [2:23] or expect to be paid $50 or more to [2:24] represent a [2:25] project or influence city officials, professionals [2:27] such as attorneys architects [2:30] permit expediters, design professionals [2:34] those engaged with public relations [2:35] or research should register online [2:36] by visiting the [2:38] city website. [2:40] additional information is available [2:41] on the same webpage. [2:44] >> thank you, karen [2:48] next is the approval of the [2:49] agenda. Any questions or comments [2:50] or suggested changes to today's agenda? [2:53] seeing none by order of the chair [2:54] the agenda is approved [2:57] as presented. We want to [2:59] move on to the consent calendar which [3:00] we will do [3:02] in 2 sections because of various absences. [3:05] the 1st section will be consideration [3:06] of minutes [3:07] of our special meeting on october [3:11] 21, 2025 as well as [3:12] the regular meeting of october 23 [3:14] as well as the regular meeting of [3:15] october [3:16] 23, 2025. Are there any questions [3:17] or comments on [3:21] those minutes? [3:24] I do not believe [3:27] I see any. May I have a motion [3:30] to adopt? [3:31] >> so moved. >> 2nd. [3:33] >> separately or altogether? [3:36] >> the 2 together. [3:39] >> seconded. [3:41] >> we [3:43] can do a voice vote for that, all [3:44] in favor, [3:47] all opposed? It passes. [3:50] the next item [3:53] is the consideration of minutes of [3:54] the regular meeting [3:57] of november [4:00] 13, 2025 . [4:03] again, any questions or comments on [4:06] that item? [4:12] seeing that there are [4:14] not any revisions, may we have a motion [4:15] to [4:17] adopt? [4:18] >> [4:19] I move that we approve minutes as presented. [4:23] >> 2nd. [4:27] >> on this one may we have a [4:30] rollcall vote? [4:31] >> [4:33] kaplan yes, commissioner ross, yes, [4:36] >> I believe you were absent. [4:39] november 13. [4:42] >> my apologies. [4:44] >> thank you, vice chair milkowski. [4:45] yes chair [4:47] wolfe yes. [4:50] >> motion passes. [4:53] no reports from any party agencies [4:54] that [4:56] I can see. Which will [4:58] move us to the 1st item of continued [5:00] business, 410 [5:03] 410 dabney ln. This is one permit [5:06] item continued from [5:08] may 22, 2025 planning commission meeting [5:10] and afterward [5:13] was drawn by the applicant on [5:16] december 2 of 2025. [5:19] due to its withdrawal [5:20] by the applicant, there is no action needed [5:21] by the commission [5:24] at this time. Any other action we [5:27] need to take on this? [5:29] >> chair I want to note we did receive [5:30] 2 comments from [5:31] members of the public not aware the [5:34] item had been withdrawn. [5:37] so we will [5:38] make sure they are aware, the commission [5:39] is not hearing the item today and [5:40] it [5:42] will remain for the record. [5:43] >> thank [5:44] you, that completes [5:45] any discussion on item number 4 on [5:46] the agenda [5:49] which will move us to [5:52] new business item number 5. 499, [5:53] n. Canon dr. Request for conditional [5:54] use [5:56] permit to allow vehicle sales used occupy [5:59] a ground floor tenant space within [6:00] an [6:02] existing multitenant building for [6:03] the establishment of [6:07] a vehicle. At [6:09] this time I will open up the public [6:10] hearing and ask [6:13] if any fellow commissioners [6:16] have communication. [6:17] >> no. [6:19] >> none, nor have I [6:22] may we have a staff reporter? [6:25] >> thank you and good afternoon. [6:27] the item is a request for conditional use [6:30] permit at 499 north permit at [6:31] 499 north canon dr. Permit at 499 [6:33] north canon dr. [6:34] project site is shown outlined in [6:36] the red. [6:38] specific tenant space shown in yellow. [6:42] product is developed with 4 story [6:43] commercial [6:46] building including a mix of [6:49] tenant spaces and development in the [6:50] immediate [6:52] vicinity includes commercial use [6:53] . Single-family development located [6:55] further north of [6:58] the project site separated by n. Santa [7:00] monica blvd. And beverly gardens park. [7:05] again the proposed project includes [7:06] request for conditional [7:08] use permit to allow the establishment [7:09] of vehicle [7:13] sales and showroom for [7:16] , project rendering shown here [7:19] on the screen. [7:22] as [7:23] far as project operations. Electrical [7:24] vehicle sales would be allowed at [7:25] the site [7:28] and it would include a show room [7:30] as well. No vehicle servicing would occur. [7:35] project site includes a total of 65 [7:36] parking spaces and [7:39] proposed project [7:40] would have dedicated parking, 3 for [7:41] employees and 2 protester vehicles, [7:43] customer parking would be accommodated [7:48] be of the existing ballet operation. [7:49] no [7:52] on-site inventory would be on [7:53] site with no customer deliveries to [7:55] occur of vehicles. [7:58] 35 total vehicles on-site, [8:02] 3 for the display vehicles in the [8:04] show room and 2 for the [8:06] test drives . Showroom vehicle rotations [8:07] would occur twice per month during [8:09] off peak [8:12] nighttime hours. [8:13] traffic control plan was submitted [8:15] by the applicant and includes [8:18] a safety measures and personnel to manage [8:22] pedestrian and vehicle activity. [8:25] proposed test drive route is outlined [8:28] on the screen and does comply with [8:29] the [8:30] city requirements essentially from [8:31] the project site turning [8:34] right to north canon n. Canon dr. [8:37] on s. Santa monica blvd. Toward [8:40] century city and then back [8:42] to n. Santa monica blvd. And right [8:43] to [8:44] north canon back to the project site. [8:48] conditional use permit [8:50] outlined here on the screen in the [8:51] staff [8:55] report including detailed analysis [8:56] based [8:58] off of these findings. [9:00] proposed project was assessed and according [9:04] it does appear to qualify [9:07] for chemical exemption for existing [9:10] facilities. [9:13] project was notice pursuant to [9:15] the cities public notice requirements [9:16] with no [9:18] comments received. [9:21] staff would like to point out we did discover [9:24] a few typographical errors in the resolution. [9:28] one has been to correct [9:31] the date of adopted resolution [9:36] number 2022, that should be a very [9:37] 7th, 1961. Also to correct the [9:40] building street frontage description. [9:46] so with that, staff recommends [9:48] the planning commission conduct a [9:49] public hearing, [9:51] adopt resolution with conditions approving [9:52] conditional [9:54] use permit and find the project exempt [9:55] from for [9:57] the review thank you. [10:00] >> thank you for the staff report. [10:01] I [10:03] would like to invite the applicant [10:07] to make a presentation. [10:10] you have 15 minutes and [10:13] please, anyone who speaks identify yourself [10:14] and [10:15] your relationship to the project. [10:21] >> do not [10:24] count my time. 1st of all [10:26] I would like to congratulate cindy [10:27] gordon, on the record for [10:30] her promotion [10:34] and I was one of the 1st people [10:36] who sent an email this morning to [10:37] congratulate her. 2nd of all I'm glad [10:38] to [10:39] see michael forbes here. I have not [10:40] seen him recently that it's great [10:41] to [10:43] see you are here. [10:46] now I can [10:47] start. Honorable chair, members of [10:49] the commission my name is, I am here [10:50] this [10:51] afternoon representing sony honda [10:53] mobility. [10:55] sony honda is a joint [10:56] venture between 2 international entities [10:58] that [10:59] have come together to manufacture [11:01] and sell [11:04] a new luxury electric vehicle [11:07] , the entity has chosen beverly hills for [11:10] the purposes of opening up a show room [11:11] and dealership where they [11:12] will be selling and taking orders [11:14] for this particular vehicle. [11:16] currently I have a pop-up showroom [11:17] in century city [11:19] and his vehicle has received good [11:22] responses however it is our desire [11:23] and goal [11:26] to make 499 in [11:27] beverly hills our flagship studio. [11:28] at this location we [11:30] will only be taking orders and displaying vehicles [11:33] and it should be noted there will [11:34] be no delivery [11:37] of vehicles in beverly hills. [11:40] all vehicles will be delivered either [11:41] in [11:43] torrance or fremont, california. Furthermore [11:44] there will be [11:45] no vehicle repairs for service at [11:47] this everly hills location. [11:49] as far as test drives, we follow the [11:50] approved test route [11:52] program that the city has and a copy [11:56] of that and judy has been kind enough [11:59] to show you our test drive route [12:00] and we don't go through any residential areas, [12:01] we [12:02] follow only the business streets. [12:06] both from entering and exiting. We [12:07] will not [12:08] have any impact on pedestrian safety [12:10] or traffic as vehicles will [12:11] be parked within the parking garage [12:14] adjacent to [12:17] the show room. [12:18] as far as loading or removal of the [12:20] vehicles from the showroom they [12:21] will use the same procedures we have [12:23] previously approved and you have [12:26] approved for car dealerships [12:29] at 9777 wilshire , [12:30] those procedures will require not [12:32] only traffic control and signage [12:34] but if I request a public works [12:35] to move the vehicles in and out of [12:37] the showroom. Our [12:39] hours of operation are consistent [12:40] with retail [12:41] merchants within the triangle area. [12:44] we will be located on the ground level [12:47] of the building [12:48] and will not interfere with any other [12:50] businesses within the building. [12:52] the parking garage has its own private [12:53] entrance off of [12:55] canon and as indicated , the building has [12:59] a valley operator [13:00] which will handle our customer parking [13:02] , today I have [13:05] with me [13:07] who can answer any [13:09] operational questions you may want [13:10] to ask about [13:13] this location for the vehicle. We [13:16] hope that after you hear all of [13:18] our presentation , that you will approve [13:23] our cup , so we can start [13:26] to operate out of this location. [13:29] we [13:31] have a deck we would like to present. [13:36] and have an opportunity to go through [13:38] the deck [13:39] so you can understand a little more [13:40] about the vehicle itself and what [13:41] we [13:43] are doing. [13:46] stop the clock. [13:56] pulling it up. [14:11] okay? [14:14] there [14:16] we go. [14:19] >> perfect, thank you [14:20] very much. And the senior director [14:21] of marketing at sony honda mobility [14:24] of america. The presentation we have [14:25] is to give a little bit [14:28] of background on the company and what we're planning [14:29] on doing and the product we [14:32] are providing. On the next page [14:34] sony honda mobility has mentioned [14:35] it is a [14:36] joint venture between parent companies [14:38] sony and honda [14:41] where our own entity, [14:44] sony honda mobility and [14:46] the 1st brand to bring to market is [14:47] afeela. Trenton is meant to [14:48] bring together 2 brands with backgrounds [14:51] in intelligence and mobility but also adding [14:55] entertainment as we would expect from [14:56] the [14:58] sony side of things. Excited [15:00] to be opening up this location in [15:02] beverly hills. Considering [15:04] the flagship and we understand the [15:05] fortunes of being a good [15:07] citizen and also to make sure our experience [15:11] meets that [15:13] it what you expect for a location [15:14] in the beverly hills location. On [15:15] the [15:16] following slide you will see again [15:17] a quick rendering of [15:20] the location. The following page [15:22] want to quickly talk over what exactly [15:23] is [15:25] afeela. Afeela is the brand and [15:28] our 1st product is called the [15:31] afeela 1. It is [15:34] a sedan as seen in the picture. The [15:35] goal is to bring [15:37] people closer to the things they love [15:38] which includes things [15:40] such as movies and sports and video [15:41] games [15:43] and music. All things we feel are [15:44] quite important in the beverly [15:47] hills landscape. Our retail experience [15:50] is meant to be able [15:53] to be just as vibrant and as exciting as [15:55] the city is going to be in. Some of [15:56] the most called out [15:57] features of the car really feature [15:58] around innovation [16:01] such as self driving and a lot of customizable [16:04] interfaces we will be providing [16:07] them expenses from honda and sony. [16:11] we are also really big on [16:13] self-expression as you can tell from [16:14] the artwork outside of the mural [16:16] and the car itself allowing customers [16:17] to be able to express themselves [16:20] through moods and themes [16:22] and things such as the media bar in [16:23] front of the car and [16:26] on the exterior side. [16:28] on the next side as much in california [16:29] is going to be [16:30] our home. We currently have one retail [16:31] studio in westfield [16:33] valleyfair in san jose and another [16:36] we are hoping to be able to move forward [16:37] with of course is for [16:42] 99 north on canon [16:44] and we have a few pop-ups, one of [16:45] which in [16:47] century city down the street and another [16:48] in [16:50] san diego currently. As mentioned [16:51] our [16:53] delivery hubs are where all the customer actual [16:57] final delivery will occur . [17:00] those are located at larger hubs [17:01] where service and other things will [17:02] be occurring in torrance [17:03] and fremont. On the next slide here, [17:05] a quick showcase [17:08] , we did have an event. [17:10] thank you for everyone's assistance [17:11] getting this through. [17:14] we do not want to miss out on the [17:15] los angeles auto [17:16] show that happened so we were able [17:18] to bring the press [17:20] that were here for the time to come [17:21] to a soft [17:23] opening of our studio. We were excited [17:24] to [17:26] be able to welcome 80 plus members [17:27] of the [17:28] press as well as some executives to [17:30] be able to meet with [17:33] the press so it was [17:34] our way of at least indicating to them we [17:35] are very serious and [17:36] excited to be here in the beverly [17:38] hills area and be able to bring [17:40] some of the press over here. On the [17:41] last slide here just wanted [17:44] to show some of [17:45] the activities we have done in other [17:47] locations I previously mentioned . [17:48] a [17:50] lot of what you can see are reservation [17:51] holders. Members of [17:54] our community that have placed a [17:56] deposit and are ready to start taking orders. [17:58] when we are ready for that time we [18:00] help many customers [18:02] will convert and become an actual [18:03] owner of [18:04] the car. Of course that is something [18:06] we're hoping to continue to build [18:07] and nurture a relationship with them [18:10] at the retail locations such as the [18:11] one in [18:13] beverly hills. Thank you very much. [18:16] >> that concludes the presentation, [18:17] other than answering [18:21] any questions. Or [18:24] anything else. [18:27] >> thank you. [18:30] return to your seats for now [18:32] and, very possible we might be inviting [18:36] you back up any minute. [18:39] at this time we will open [18:41] public comment. Each speaker [18:42] will be provided 3 minutes, public [18:44] comment will be closed [18:49] before the commission begins deliberations. Those [18:50] wishing [18:51] to provide comment should do so now, [18:53] the applicant may provide rebuttal, [18:54] the public will [18:55] have an opportunity to provide rebuttal [18:57] to the applicant's 1st rebuttal so [18:58] the order speaking will be as follows [19:00] for public comment. Commissioner questions, [19:02] applicant additional comments and rebuttal, [19:06] public rebuttal to the applicant and [19:07] applicant [19:09] final rebuttal and comment. [19:12] at this point [19:14] I will call for comment from those [19:14] in the room. [19:16] I currently have one speaker card [19:19] and that is the speaker so will you [19:20] please [19:23] come up? [19:27] welcome. [19:30] >> [19:31] chair and honorable commissioners, [19:35] thank you for allowing me to speak. [19:38] the problem I have with this application [19:39] is only on [19:40] process, nothing else. I reviewed [19:42] the last 10 applications [19:45] for dealerships . The way it went, [19:46] it [19:47] can be for you and then before [19:50] the commission. [19:52] the reason, in addition if tenant [19:53] improvements had [19:55] been done prior to the approval they [19:56] received [20:00] a letter enforcement such as [20:03] and 9737 wilshire , the tbf [20:06] tf w exotic car dealership. [20:09] as well as wires and they [20:12] did unpermitted tenant [20:15] permits. What happened here [20:17] is they wanted to have an event. And [20:18] the city manager [20:21] approved and what was shown [20:21] an architectural commission agenda report [20:25] it states last, lastly the established [20:26] auto dealership requires [20:28] issuance of conditional use permit [20:33] by the planning commission. Property [20:36] owner submitted cup under review by [20:37] the city [20:38] but is not approved as of the writing [20:39] of the report. [20:42] condition of approval has been included [20:43] in the draft [20:44] resolution indicating no permits for [20:45] the business [20:48] identification side issued until [20:49] the applicant has submitted a building [20:51] permit application and paid all [20:53] application fees for the improvement project [20:54] consistent with [20:56] city policy. [20:58] is not consistent with city policy [20:59] based on the previous dealerships. [21:02] in addition it was not only [21:05] for business sign identification [21:08] which itself is not a big deal, the [21:09] big deal is there is a [21:12] mural there and it is supposed to [21:14] be or should be also reviewed the [21:15] architectural commission [21:17] because effectively this is a form [21:18] of art which [21:21] is presented [21:23] on property and there should be additional [21:24] review. Originally [21:27] the logo was incorporated [21:29] in the upper portion [21:31] of the mural functioning as both an [21:32] artistic composition and [21:35] business identification sign [21:37] as again was in the architectural commission [21:42] . So the question [21:45] is again, I was shocked when I [21:48] saw the mural and I was shocked [21:51] when I saw the dealership. This is [21:54] an on my dealership, all the applications [21:55] for order [21:57] to buy has to be online . The [22:00] question is what does the city receive [22:01] out [22:02] of this? There is a sculpture [22:04] in front, in the railway portion. [22:11] half $1 million was spent on that sculpture [22:13] and [22:14] will this mural detract from that? [22:15] that [22:17] was not covered within the architectural [22:18] commission. I understand [22:21] the need for why they wanted to go forward [22:24] , but again there is a process. Thank [22:27] you. [22:28] >> thank you very much for your comment. [22:29] I don't see any other comments in [22:30] the room. [22:33] karen [22:34] do we have additional comments on this [22:35] item from phone video or email? [22:36] >> [22:38] no additional public comment. [22:39] >> thank [22:40] you, at [22:41] this time we will move on [22:44] to commissioner questions. Anyone [22:45] volunteer to [22:48] go 1st? Commissioner ross start [22:51] us off. [22:52] >> [22:54] thank you very much and thank you staff [22:57] for the presentation. And [23:01] the applicant [23:02] in yours as well. Why don't we have [23:04] the applicant come [23:05] up? I did not catch her last name [23:07] so I will call you jay until [23:09] and unless I get it. [23:10] and your colleague pulled a chair [23:12] up if you want. [23:17] what is your last name again? What [23:21] is your role? Are you with sony or [23:22] are [23:25] you with [23:28] honda ? [23:29] >> [23:30] it is one comedy, sony honda mobility [23:33] is one company. [23:34] >> what is your role [23:35] at [23:36] the company? [23:37] >> senior director of marketing. [23:40] >> who was the collie? [23:41] >> I work for the creative agency [23:44] that designed the studio and we are [23:45] partners [23:48] of sony honda in [23:49] bringing their retail expense to life. [23:51] >> very good. [23:55] in terms of the public comment [23:58] we heard I was not there and I don't [24:00] know how it happened. I think in my mind [24:01] there [24:03] is a distinction between what happened here [24:07] and with wires only where the [24:08] city manager approved it and that [24:10] makes it [24:11] maybe unusual but at least there was [24:13] a process. [24:15] >> 100% correct. [24:20] we went to the city manager 1st, we [24:22] asked the city manager because the [24:23] la automotive show was coming here [24:24] and we needed to [24:25] be able to invite all the press to [24:28] come see it.'s we went to [24:29] the city manager, city manager approved [24:31] the fact [24:34] we could have the special event at [24:37] the location, he put us in touch with [24:38] patty betancourt from special events department [24:40] in beverly hills [24:43] and we walked through every part of [24:45] her application in order to fill it out. [24:46] it was [24:48] approved, we were allowed to have [24:48] for 30 [24:49] days a special event at the location [24:51] which we did. [24:54] just for edification, the [24:57] interior site [25:00] is not finished, we do not have all [25:01] of [25:02] our improvements. Went to go back [25:04] to the building and safety department [25:05] in [25:06] order to do that but we have paid [25:07] all along, [25:10] every fee requested of us. We [25:12] have paid all of those fees and work [25:13] closely [25:16] with not only planning, but [25:21] we have worked closely with building [25:21] and safety with respect to [25:22] what we have done. [25:23] >> significantly, [25:24] you understand that if this [25:27] is approved by this body to [25:28] go to the architectural review committee [25:30] for their approval. [25:34] >> we have already been to [25:35] the architectural review committee. [25:37] we have already gotten approval [25:40] from the architectural committee [25:43] . As to the mural, to the signs come [25:44] to [25:45] the locations of the signs and we [25:46] went to that because we could not [25:47] have put [25:48] up any of the stuff without their approval. [25:50] so we have done everything they asked [25:52] us to do with respect to what we [25:54] needed to do. [25:55] >> better yet [25:56] I thought I saw a condition in here [25:57] that said [26:00] this is subject to the approval of [26:01] the architectural review commission. [26:03] am I making that up? [26:10] I could be, I thought I read that condition. [26:13] issuance [26:16] of building permits. [26:19] the project shall be [26:21] subject to city architectural review. [26:22] >> that is a [26:25] standard condition on 99 [26:28] if not 100% of all resolutions [26:30] considered by the [26:31] commission. Arguably if the resolution [26:33] is adopted that condition has been satisfied. [26:36] >> okay thank you, I [26:37] wanted to understand the interplay [26:40] between that condition. [26:43] okay very good. Can I [26:46] ask the applicants [26:49] some questions that [26:52] are related to the product? [26:55] and this [26:57] will be your 1st model year I assume [26:58] with no vehicles on the [26:59] road yet. [27:00] >> that is correct. We have [27:01] prototypes on display [27:06] but none have been sold. [27:07] >> [27:08] 1st model you will be 2027 or 2026? [27:09] >> 2026. That will be the sedan. >> [27:13] hopefully coming out with a sub type [27:16] model? [27:17] >> we have not disclosed. >> [27:18] okay [27:19] that's confidential. What if I sign a [27:22] nda. What is the price point of the [27:25] sedan? [27:26] >> [27:27] the pastry was 89,900 and the higher [27:28] signature trim [27:31] is 102,900. [27:32] >> luxury vehicles to [27:34] compete with like [27:36] lucid. [27:37] >> [27:39] lucid, tesla model x, the [27:42] higher end. [27:43] >> a much as a [27:45] deposit? [27:47] >> 200. It is a reservation [27:49] so customers are 100% refunded [27:52] if they don't. [27:53] >> deposit is $200? [27:55] and refundable. Okay. [28:01] >> [28:04] the application seems to suggest [28:07] there will be full-time valley [28:09] during hours of [28:12] operation. Correct? [28:14] >> that's correct. >> provided by [28:15] the landlord if I [28:17] understood correctly. [28:18] >> the parking [28:20] structure is [28:22] leased out to another company, the [28:23] company is operating at [28:25] the same hours as the hours we indicated. [28:28] >> what happened of the landlord defaults [28:29] or fails [28:31] to provide the ballet? That's a [28:35] question for our staff. [28:36] >> we [28:37] have no knowledge of that all we know [28:39] is the operator of that particular [28:41] location has an agreement with [28:43] the landlord and as far as we [28:44] are concerned, that has been there, [28:46] for years. [28:49] you may know because [28:53] he represented before. And [28:56] they have been there [28:59] and if he terminates it, [29:02] we will work with him to find another [29:03] valley operator. [29:04] >> okay, thank you. [29:05] if [29:07] I'm not mistaken the space is currently [29:08] empty correct? [29:10] occupied by you guys? [29:11] >> empty other [29:13] than the fact that we have a car in [29:15] the location and we have done some [29:16] construction but [29:18] we have not finished. [29:19] >> okay very [29:20] good, no [29:22] other questions. [29:23] >> thank you [29:24] commissioner ross. Commissioner kaplan. [29:25] >> [29:29] hi. Thank [29:30] you for now giving me contextual understanding [29:32] of the mural which is [29:35] hard to miss. [29:38] this sounds like an [29:40] exciting product. I just have a couple [29:41] of [29:43] questions about how the space will [29:44] be utilized. [29:47] maybe we can pull up [29:49] sheet a 2.1 , the floorplan [29:52] of this space. [29:55] : [30:25] >> [30:28] give me one [30:31] moment here. [30:47] >> it is in the staff . [31:05] >> we are working on bringing up the [31:08] floor plans [31:10] and we can proceed with questions. [31:11] >> [31:14] 2 questions. One [31:15] has to do with the upper right-hand [31:17] corner of the space. Which [31:19] on one of the sheets is labeled as an [31:23] exit. [31:26] and it exits toward santa monica [31:28] . I think that is a [31:31] pedestrian exit. Just asking. [31:33] that's why the plans are helpful. [31:34] the 2nd question [31:37] I have has to [31:40] do with I believe I read that initially [31:45] and long-term, you anticipate having [31:47] 3 cars in the showroom. [31:50] I can see where 2 [31:53] of them would be positioned. [31:55] I think I know where the 3rd one would [31:56] be [31:58] positioned, but I don't want to assume [31:59] so [32:01] I would like you to help me understand that. [32:02] and I would like a little explanation [32:04] of the notes that are on [32:07] this sheet on a 2.1. [32:10] it says additional automobile to [32:14] be shown in 2026 . One car to [32:17] be displayed [32:18] for the year 2025 which is almost [32:20] over already. [32:22] and you said there is one car now [32:23] in [32:25] the space. And then calendar year 2026 [32:26] , you [32:29] anticipate displaying 2 cars [32:32] thereafter, at some point maximum [32:33] 3 cars. [32:35] >> correct. [32:37] >> we are getting there. [32:47] >> and [32:50] what page? [32:51] >> a [32:53] 2.1. [32:54] >> [32:56] thank you. [33:20] >> that is a survey. [33:23] >> I'm [33:26] getting that. [33:35] that is it I think. Yeah, [33:38] so the exit that I have a question about [33:41] is in the very upper [33:43] right, parallel to santa monica [33:46] . On one of the [33:49] prior sheets labeled as a exit. [33:50] >> [33:51] correct, both [33:53] of those are existing doors, [33:55] we do not plan on using them for customers [33:56] but rear labeling for [33:59] fire reasons that they are doors people [34:00] can [34:02] use to exit. [34:03] >> they would be strictly [34:05] emergency exits. [34:06] >> that's correct. [34:11] >> [34:14] could you tell me where the 3rd car [34:16] will be? It seems to me it would be [34:17] at the [34:19] upper portion. Next to the outdoor patio. [34:20] >> that [34:23] is correct. [34:24] >> [34:25] okay for now that's all the questions [34:27] I have. Thank you. [34:28] >> [34:29] thank you, commissioner kaplan, vice [34:30] chair [34:33] milkowski. [34:34] >> [34:36] thank you. [34:39] could [34:42] you please [34:43] explain how customers will access [34:45] the cars? For [34:48] test drive? [34:48] >> yes, so we [34:50] are planning on using the lobby [34:51] exit and entrance at the bottom of [34:53] the plan that you can [34:55] see here. That takes you to the outside [34:57] location where the vehicles will have [35:03] spots reserved. [35:04] >> reserved [35:06] spots in the parking garage. [35:09] in our parking plan we have the [35:10] car inside which will not be used [35:12] for test drive [35:14] and 2 spots in the parking garage [35:17] that there will be 2 vehicles on site [35:18] that [35:21] they can use for test drives. [35:23] as said , those [35:26] cars will be pulled out and [35:29] they will follow the [35:33] test route. [35:35] so, nothing from the dealership will [35:36] be pulled out for [35:38] test drives. Only from the parking garage. [35:41] >> understood, thank you. You have [35:42] a contract [35:45] for 2 fixed spaces or its varying? [35:48] >> with a contract for 2 spaces [35:51] and 3 [35:52] spaces for employees. Customer parking [35:54] will be handled by the valet people. [35:58] you will driving, the valley will [35:59] take it and park the car. [36:02] >> thank you. Question . [36:05] how [36:08] is sales tax impacted or allocated? [36:09] >> [36:10] sales [36:12] tax is under the [36:14] city's licensing bureau. It will be [36:15] paid in [36:18] accordance with , I think you [36:20] pay the estimated amount or whatever [36:21] and it goes into the [36:22] finance department because the cars [36:22] are sold here [36:23] the orders are taken in [36:25] the city of beverly hills. It has the [36:26] nexus of allowing [36:29] that. [36:30] >> okay. That is good to [36:31] know that we'll get our bite of the [36:32] sales tax. [36:33] >> a big bite. [36:44] those are my questions. Thank [36:46] you. [36:47] >> thanks. I'm going to follow [36:48] up on [36:49] that question. I think the question you [36:50] were answering [36:53] had to do with the beverly hills business tax. [36:56] >> also the sales tax. We pay a business [36:58] license tax based upon the gross revenue. [37:02] and then sales tax, which [37:04] is a state amount of money that is [37:05] collected. [37:07] because the orders are taken in the city [37:08] of beverly [37:11] hills, the state rehits to the city [37:12] of [37:13] beverly hills. Don't hold me. I don't [37:14] know the exact number. [37:16] but I think it is 1% of the sale. [37:19] >> right. But the more significant [37:20] portion of [37:23] revenue, if I'm not mistaken, [37:24] that come to the city is in the form [37:26] of business tax paid directly to [37:28] the city as opposed to the allocation of [37:29] the sales [37:31] tax. [37:32] >> that's my understanding. >> [37:33] okay. [37:35] let focus on the business tax. The [37:38] sales, if they're taking place online, [37:40] and they're not taking place in the [37:44] showroom, and the delivery is [37:47] being done [37:49] in torrance, what determines where [37:50] the business tax -- [37:53] when you fill out that estimate [37:56] on the beverly hills tax form, what [37:57] revenue are [37:58] you including. In if the sale is online and [37:59] the [38:01] delivery is taken outside of the city of beverly [38:02] hills. [38:04] >> we had this question come up once [38:05] before from [38:08] another auto [38:11] dealership. And now mr. Muir, who is [38:14] the city's treasurer? Finance director. [38:17] okay. Has determined that any [38:20] order that is written in beverly [38:23] hills, all right? [38:25] my understanding is that any order [38:26] written [38:29] in beverly hills incurs taxes. Okay? [38:32] >> but if it's placed online -->> it [38:33] doesn't [38:34] matter if it is placed online or not. [38:35] it is [38:37] where it is written and where it is written [38:39] the street city of beverly hills. [38:41] >> anyone who places an [38:44] order online with [38:47] sony mobility of america, even if [38:48] they [38:50] live in san francisco or las vegas [38:51] or [38:53] phoenix -- [38:54] >> if the order is written [38:56] in beverly hills -- [38:57] >> [38:58] so what will determine if it was written [38:59] in beverly hills if the order is [39:02] placed online? You have a couple [39:05] locations, right? [39:06] >> we have a couple [39:07] locations. [39:08] our intention is to do all the [39:11] paperwork online. So I think it [39:13] is something we have to discuss further. [39:14] I'm not [39:16] aware of us saying specifically it would [39:17] be to beverly hills or not. [39:20] it is meant to be all done online. [39:21] >> [39:23] all done online. But again, [39:26] under whose city's jurisdiction? [39:27] >> if you're [39:29] going to order the car in san diego, that [39:31] is not going to be considered beverly [39:32] hills. [39:35] if it is ordered through the showroom in [39:37] the city of beverly hills, according [39:38] to what has [39:41] happened in the past, that is considered to [39:42] be [39:43] a taxable event in beverly hills. [39:44] >> and again, I [39:47] don't mean to be repeating myself. [39:48] what determines whether or [39:49] not it is ordered through the showroom [39:50] in beverly hills if someone is doing [39:53] it at their home online and [39:54] they do not live in beverly hills. [39:56] >> we reach out to our [39:58] finance department as well and I'll [39:59] turn it over to miss gutierrez [40:02] to provide some, hopefully some clarification. [40:05] >> great. Looking for clarification. [40:08] >> it really depends on the way that [40:09] afeela [40:10] has basically structured their business. [40:11] in [40:14] this case, it sounds like he's saying they have [40:16] set up their business in a way that [40:17] they have determined [40:20] their cell's desk to be the city of [40:21] beverly hills. [40:23] >> that's not what jay just [40:25] that. [40:26] >> I cannot confirm that is [40:27] how our [40:29] business model is. [40:30] >> so I think it [40:31] depends on [40:32] where that ultimate sales desk is [40:33] located. [40:35] if that sales desk is located in the [40:36] city [40:38] of beverly hills, then [40:41] this theory, the city receives [40:45] the portion of the sales tax. [40:46] >> [40:47] if the sales desk is located in another [40:48] location, [40:50] perhaps as part of a corporate office in [40:51] a [40:53] different city, the sales tax would [40:54] be allocated to [40:55] that location. [40:56] >> the sales tax and [40:57] will the business [40:58] tax. [40:59] >> I think the information that [41:00] I have [41:02] is specific to sales tax. [41:03] >> I think [41:04] since [41:06] the business tax is based on the [41:07] grocery seats if the sales are not [41:09] being booked [41:10] here, presumably there would be some in-person [41:12] sales. So there would be -- [41:14] >> it sounds like there are no in-person [41:15] sales. [41:17] >> that's not correct. >> so any online [41:18] sales, [41:19] if they're being booked outside of [41:21] the city, the sales [41:23] tax would not count toward the gross [41:24] revenue -- [41:26] >> I'll give you an opportunity to you answer in [41:27] a [41:28] second. I want to tell you what I'm [41:30] hearing. I'm hearing that there [41:32] is no commitment yet as to where the [41:34] sales will be booked. They may be [41:36] in beverly hills. They may [41:38] not be in beverly hills. It's entirely [41:39] possible [41:41] that 100% of the sales online for [41:42] the [41:44] afeela cars will be booked in a location [41:45] outside beverly [41:47] hills. In which case, if what I'm [41:48] hearing is correct, the [41:51] city will not [41:53] get anyany benefit out of the revenue [41:54] associated [41:57] with this location. [42:00] now I'll let you [42:02] comment. [42:03] >> let me comment first of [42:04] all. [42:06] there will be [42:09] onsite people coming in to buy. [42:11] once you come in, you will use, you [42:12] might [42:14] want to correct me if I say something wrong. [42:15] there will [42:18] be a [42:20] computer. You will order off the computer [42:21] but that [42:24] computer is related to beverly hills. [42:27] those are definite whether [42:29] you walk in or you order through the [42:30] beverly hills location. [42:32] if you live in let's say san fernando [42:33] valley, and you [42:34] order, that order come through beverly [42:36] hills. There [42:38] is no location at that particular, in [42:39] the [42:42] valley. It come to the beverly hills [42:43] hills online. In addition to that, we [42:45] have a finance person in the [42:48] city of beverly hills. So unless you're [42:51] paying all cash, I would say, is that [42:53] correct? The people come into the [42:54] finance department. [42:56] the finance people will write write [42:57] their particular [42:59] part of it. It will be determined to [43:02] be a beverly hills sale on that basis. [43:05] if you're in san diego, all right? [43:06] then you wouldn't [43:08] be there. You would be going down [43:09] to there. If you're [43:12] in san jose, the san jose store [43:14] is already open. Then that would go [43:15] out of san [43:18] jose. But the intent is to bring [43:20] people into the showroom so that they [43:21] can see [43:24] the car. They can order on our computer. [43:27] and at the computer, then what would [43:28] happen is that would be booked as [43:30] a beverly hills sale. [43:31] >> I'm [43:33] going to ask the same question of [43:35] you. You were the one who just said [43:36] you had no commitment [43:38] yet that online sales would be booked [43:39] out of beverly hills. Can [43:41] you comment on what mr. Fisher just [43:42] said about the [43:45] process? [43:46] >> yes, yes. What I can say [43:47] is at [43:48] this moment, we are currently taking [43:49] reservations, throws are [43:50] booked on ipads or personal computers [43:51] at home. [43:53] the actual ordering process itself [43:54] is still yet to [43:56] be determined. We are not at the phase [43:58] of finalizing all that information. [44:00] but that is something [44:02] that we can discuss. I have to discuss [44:03] with our lawyers [44:04] back in the office as well. Right [44:06] now, what we are hoping to [44:09] do, at left a for the year of 2025, we [44:12] are primarily taking reservations [44:15] at those locations. [44:16] >> so you may [44:18] or may not have people ordering on [44:19] computers in [44:21] the store. [44:22] >> that's [44:24] correct. [44:25] >> that's different -- [44:27] >> it would be dependent on inventory [44:29] and how we are, how reservations are [44:30] going. [44:32] as of right now, our plan is to be able to have [44:34] a reservation attached with every [44:36] vehicle that we sell. [44:39] which would be an advance. But we [44:42] don't plan on having as mentioned, [44:43] inventory in [44:44] the store for customers to be able [44:45] to purchase. So that [44:47] is something we would have to discuss in terms of [44:48] ordering [44:50] itself. [44:51] >> I'm not questioning the [44:52] model. It it is [44:54] a perfectly fine model. But if [44:56] I'm one of your car buyers, I think [44:57] what I'm likely [45:00] to do is come into the showroom. Do [45:01] the [45:02] test drive. Do all the research that [45:03] I want. Say, all [45:06] right. Terrific. And then go home and [45:07] then in [45:08] the next day or two decide at home [45:09] what I'm [45:12] going to buy. You may have people [45:15] who are willing to sit at a computer in [45:16] the [45:17] showroom and buy it at that moment. [45:18] may [45:21] guess, and I'm only doing it [45:22] based on what I would like to do, the [45:24] majority of people probably wouldn't [45:27] be actually doing the ordering in [45:29] the store. Assuming you even provide [45:30] that capability. [45:33] >> but there will be salespeople in [45:35] there. The salespeople in the store to [45:36] entice the [45:39] people to buy in the store. [45:42] >> I'm just reiterating what it [45:45] I'm hearing. [45:47] >> in the other studios that we have [45:48] in san [45:50] jose, we do have salespeople with [45:51] ipads had a [45:53] take reservations and a lot of people [45:54] are comfortable [45:57] making reservations. [45:59] >> look. I love the idea of the car [46:00] and all that. [46:02] I'm not trying to be difficult. I'm [46:03] trying to get to [46:06] the facts. And at this point, [46:09] from what I'm hearing, there is, let's [46:10] say, [46:11] no guarantee, maybe some probability [46:12] but no [46:15] guarantee that any of the sales are [46:18] going to be generated in a [46:21] manner to [46:24] provide to the city [46:27] of beverly hills. [46:28] >> I understand. [46:29] >> the [46:30] next, the only other question I had, [46:32] it some of the other commissioners [46:33] asked the questions. [46:36] maybe this is more for staff [46:39] than for you. [46:42] so this went to the architectural [46:43] design commission [46:45] first in support of the city [46:48] manager's approval for this event. [46:51] >> that's correct. >> I think, I may not [46:55] be --if I'm wrong, I'll ask mr. [46:57] mayor to come up, I think that may [46:58] be [47:00] one of the process elements that would seem [47:01] unusual in this case. [47:03] typically we see thing come before [47:04] the planning [47:07] commission first and then the [47:08] architectural design commission. In [47:10] this case, it sound [47:12] like it went to the architectural [47:15] design commission first and then the [47:16] planning commission. I don't have [47:18] a stake in which goes first but I [47:22] wonder if you would comment on how [47:25] unusual that is, and why [47:27] that might be aa more common brass [47:28] than we [47:30] think. [47:31] >> our typical process is an [47:32] applicant would [47:33] first receive their land use entitlement, [47:34] either by [47:37] the director, depending on the scale, [47:39] or the planning commission. Then they [47:40] move [47:42] forward through the architectural [47:43] review process. [47:46] that's a standard procedure [47:49] that's followed. [47:52] there are times on a variety of [47:54] factors, on a case by case basis, [47:55] we make a decision [47:58] to take it to the [48:00] architectural commission first. When [48:01] that happens, [48:03] we always have a condition that they get [48:06] their approval from the planning commission. [48:08] if there are certain elements of that [48:10] approval that [48:12] are contingent upon planning commissioner [48:14] approval, that they obtain those. [48:16] so it is something that [48:19] we see on occasion. [48:22] it is not common but not [48:25] unheard of for that to happen. [48:27] I don't think anything was out of the [48:28] ordinary in this [48:31] case. [48:32] >> so it was a not [48:33] common process but certainly was not [48:34] completely out of [48:36] the ordinary for it to go through [48:39] the architectural review process first. [48:40] it did go will you [48:42] the process, they did review the signs and [48:43] the mural and [48:45] did approve all that'll in conjunction [48:46] with the [48:49] event. [48:50] >> that's correct. >> and [48:52] then you mentioned this event for [48:55] 30 days. What 30 days were those? [48:58] >> november 19th [49:01] to december --november the 19th? [49:02] >> [49:03] right. That was in conjunction with [49:04] the auto [49:06] show that started then. The only reason I [49:07] ask that, I [49:10] did drive by the location [49:13] the other day and I mean, if [49:14] I didn't know better, I would think [49:15] that this business was operating. [49:16] there were people [49:18] in. There desks, cars. There was a [49:19] car in the [49:21] showroom. There was a desk set up. [49:25] a reception desk set up. [49:27] there were people milling around inside [49:30] the showroom, and look, I don't know what they [49:31] were [49:32] doing. Maybe you can explain to me what [49:34] they were doing. If [49:36] I were just a random person walking [49:37] by, [49:38] I would have looked and said, there [49:40] is a new [49:41] dealership opened and operating. Maybe you [49:43] can comment on what I [49:46] saw people doing in the showroom just this [49:47] week. [49:48] >> yeah. Myself included, I have been [49:49] there for [49:52] the past few days. [49:54] we have had planning sessions inside [49:55] the showroom. We've [49:58] had people, we had finished --not [49:59] finished. [50:00] we had done some additional finishing [50:01] touches [50:03] and construction on the outside that [50:04] were not complete due to the [50:05] rain that occurred right during that [50:07] time. [50:09] we also identified the press at that [50:10] time for [50:11] those not willing to attend during [50:13] that time that they can [50:14] schedule other times with us and stop [50:16] by and visit and hence, [50:18] the request for the 30 days just to [50:19] allow time [50:22] for other members to be there as [50:24] well. So it was to make sure that we [50:25] were [50:28] open for press members and then for [50:29] our planning purposes to be operational in [50:31] the future. [50:32] >> so then [50:34] I'll go back to [50:36] cindy again. So with whatever approval was [50:37] granted by the city [50:40] manager, everything that [50:42] he just described is consistent with [50:43] that [50:45] approval provided that they weren't [50:48] actually processing anyany of cars. [50:49] it is the [50:52] sale of the car that requires the [50:55] condition of use permit. But all the [50:57] other activity that's were just described [50:58] were covered under the [51:00] 30-day window of the city manager. [51:04] >> that's [51:07] correct. [51:13] >> those are may questions. [51:16] >> are the tax issues [51:19] we've been discussing relevant [51:22] or [51:24] germane to the decision we are being [51:25] asked to make? [51:26] >> I think the [51:27] finding for a conditional use permit [51:28] are generally [51:30] related to, is it compatible to the [51:31] area and [51:34] will there befully [51:36] unintended impacts, particularly with [51:37] traffic, [51:40] vehicle conflicts. I think the focus. [51:42] conversation and if there are any [51:43] conditions imposed should be [51:45] based on those and less having to do [51:46] with the tax issue. [51:47] >> [51:48] the tax issue is somebody else's problem. [51:49] a big problem. [51:51] >> I think it is an informational [51:52] peace for the [51:54] commission. [51:55] >> thank you. >> I brought [51:56] it up, [51:58] one, because I [52:01] wanted to know. It was also listed [52:02] as [52:04] one of the land use elements. It [52:07] was in the packet as one of the elements. [52:09] economic stability is part of the [52:10] analysis [52:12] for approvalapproval of project. But [52:16] anyway, any other questions at the [52:18] moment from commissioners? [52:19] >> the [52:20] cars will be delivered [52:21] in torrance. Am I understanding that [52:27] correctly? [52:28] >> or fraemt.emont. >> [52:29] what if somebody [52:30] wants it delivered to their home? [52:31] >> we are [52:33] looking at options for home delivery. [52:34] right now we are [52:37] only looking at those two options. [52:40] >> thank you. Great. Thank you. [52:43] so at this time before we move on, [52:45] the applicant has an opportunity, [52:46] if [52:48] you choose to avail yourself ofof [52:49] that, to provide [52:52] any additional comments or rebuttal [52:53] to the [52:54] comments and questions that you've heard at [52:55] this time. [52:58] >> the only comment [53:00] we would make is the fact that we [53:01] look forward to making [53:04] this as our flagship location. [53:07] we believe that by providing this [53:08] car, there will be [53:09] a lot of interest in this car. It [53:10] will drive [53:12] people to the city of beverly hills. [53:19] people will order in the city of beverly [53:20] hills. [53:22] even though jay is not 100% sure. [53:24] in talking to the legal department, the [53:25] legal department has indicate [53:28] to me that the purpose, [53:31] they wouldn't be signing a ease [53:34] and having us here if they didn't [53:35] expect [53:36] to get orders here. The population [53:38] here, the surrounding areas, I [53:39] can tell you in century city, we've [53:41] had a tremendous [53:44] amount of people. They ask [53:45] where, is this where your location will [53:47] be? We [53:50] tell them no. The flagship is [53:52] in beverly hills. We'll take your [53:53] reservation but [53:55] we're doing business in beverly hills. [53:56] that's [53:57] come directly from the corporate attorneys [53:59] that I've been dealing [54:00] with and that's what our goal is. [54:02] >> [54:03] okay. Thank you. I will invite you [54:05] then to return [54:08] to your seats. [54:10] and is there anyone from the public had a [54:11] would like [54:14] to provide rebuttal to the [54:17] applicants' comments? I see mr. [54:20] mayor, thank you for coming up. [54:22] you will also as the normal guidelines, [54:26] have three minutes. [54:29] >> in previous dealerships [54:30] before you, you've, what you've been [54:32] told here about sales [54:33] tax, business tax and everything else [54:35] is not the same as [54:36] what you've been presented before. [54:38] before, a dealer [54:41] was actually saying, well, the sales [54:43] tax is dependent upon where the delivery is. [54:44] that's [54:47] a very important [54:49] component. In the world of financing, [54:50] it depends on [54:51] where the finance headquarters or [54:53] offices are. So for [54:56] example, if you buy [54:58] a lexus in beverly hills, but you [54:59] finance it [55:02] through bmw finance, which is [55:04] located on wilshirewilshire mid city, [55:08] you don't get [55:11] that benefit. Relative to the [55:14] city manager, you [55:17] a prove a special permit. Did he really [55:19] say it was okay toto issue building [55:20] permits for [55:21] the interiors? Those were done on [55:26] november 3rd. As to whether this [55:29] is out of sync, try maybe 1 [55:32] out of 100. It's not a normal [55:34] course. And then finally, do you like [55:35] that [55:37] mural? If you don't like it, send [55:38] it back to [55:39] the planning commission. Thank you. [55:41] >> thank you very much. >>> [55:43] because by the way, they were very [55:44] conflicted when [55:47] you actually review [55:49] both the transcript as well as the [55:50] tape. Thank you. [55:52] >> thank you for your comments. Well [55:53] that, [55:55] the applicant will have one final [55:56] opportunity for rebuttal if [55:58] you would lake the take advantage [55:59] of that. I [56:02] satisfy them shaking their head [56:05] no. So before we close the public [56:08] hearing, I will ask the commissioners if you [56:09] have [56:10] any further questions of the applicant [56:11] as opposed [56:12] to of state of california seeing none, I [56:14] will move to close the [56:17] public hearing now. And move on [56:20] to commissioner deliberations and/or [56:23] questions of staff. Mr. Kaplan? [56:26] would you like to start us off? [56:29] >> I can make the findings [56:32] on this. [56:35] and I think that whether I like the mural or [56:38] not [56:41] is sort of irrelevant to me in terms [56:43] of the decision I make today. It is [56:44] hard to miss the mural. [56:47] so from a marketing [56:49] standpoint, it's probably pretty brilliant. [56:53] you're getting attention [56:55] in advance of the time that you'll [56:56] actually be open open business at [56:59] this location. So I would [57:02] make the findings andand vote [57:04] in support. [57:05] >> commissioner ross? [57:06] >> yeah. [57:07] I can also make the findings and will vote in [57:08] favor of this [57:09] project. I really do appreciate mr. [57:11] mayor, [57:13] when you come to us. We're always [57:14] smarter and better off for [57:17] the input that you provide. The [57:19] tax issues are important but I think [57:20] that's for another [57:23] body and another group to [57:26] evaluate. [57:29] the mural is also in the eye of the [57:32] beholder. For the architectural [57:34] commission, they still have jurisdiction [57:35] over [57:38] that, I believe. [57:41] but for me, in terms of land [57:44] use, in terms of economic viability, this [57:47] is a de sishl [57:50] tenant with a desirable [57:52] product at a desirable location. For that [57:53] reason, I [57:56] vote in [57:58] favor. [57:59] >> commissioner milkowski? [58:00] >> [58:02] I look forward to seeing the new models [58:05] coming out. I think it is beneficial [58:08] to our state. To our [58:10] country, to our environment. I can [58:11] make [58:14] the findings. [58:15] >> thank you. I [58:17] agree with pretty much everything that's [58:18] said. [58:20] I want to reiterate and thank [58:23] mr. Mayor for coming [58:26] in and his [58:28] comments point an light on thing that [58:29] need to be resolved. In terms of [58:32] the issues raised, I'm at left a confident [58:33] with the [58:34] answers I got from staff. While the [58:35] process may have been unusual, [58:38] for me my concern was whether it was [58:39] legal. [58:41] whether it was approved. Whether [58:44] someone within the city [58:46] approved what was taking place and whether or [58:47] not the applicant [58:50] was doing something withoutwithout [58:52] appropriate approval independent of whether or [58:53] not it was [58:55] unusual. I thank you for bringing that [58:56] up. We always [58:58] appreciate your comments. With almost to [58:59] the financial [59:02] piece, I just [59:05] wanted clarity. I'm perfectly [59:08] comfortable is that righting [59:11] this project [59:14] as designed independent or whether [59:15] or [59:17] not the city gets revenue. On these [59:18] situations, [59:19] I just like to know what the answer [59:20] is. With that, I would [59:23] also be able to make the findings [59:26] and support this. So with [59:29] that -- [59:30] >> chair? >> could I say one [59:31] more thing? [59:32] >> absolutely. >> I would like to [59:33] acknowledge [59:35] the applicant and thank you for playing [59:38] by the rules. Coming to the [59:41] city for a special [59:44] event permit as on opposed [59:46] to just showing up and doing what [59:47] you want to do. Thank you. [59:50] I hope you set an example for others. [59:53] >> thank you, commissioner kaplan. [59:54] I agree with [59:56] that. That was what I was mostly concerned [59:59] about [1:00:00] and I was happy to hear that everything [1:00:02] was done by the book. With that, I [1:00:06] will entertain a [1:00:07] motion. [1:00:08] >> I would like to make a [1:00:09] motion [1:00:11] to approve a resolution of the planning [1:00:12] commission of the [1:00:14] city of beverly hills, conditionally [1:00:15] approving a [1:00:16] conditional use permit to allow a [1:00:18] vehicle sale use [1:00:21] to occupy a ground floor tenant [1:00:23] space within an existing multiten [1:00:24] an [1:00:27] building on the property located [1:00:30] at [1:00:32] 499 north canon drive. As amended. [1:00:33] >> second. [1:00:36] >> will you call the [1:00:39] roll? [1:00:40] >> commissioner kaplan? [1:00:41] >> commissioner ross? Chair wolfe? [1:00:45] >> yes. >>> I believe there is [1:00:47] a -- [1:00:48] >> one second. I believe there [1:00:49] is a city [1:00:50] attorney statement? We don't want [1:00:51] to preempt the city [1:00:54] attorney. [1:00:55] >> thank you, chair wolfe. [1:00:57] this is a [1:00:59] final. The city clerk office has the [1:01:02] appeals form and an appeals fee will be required. [1:01:03] >> thank you. [1:01:09] >> okay. [1:01:15] so before we get [1:01:18] into the next item, some of [1:01:20] the commissioners have some statements [1:01:21] to make [1:01:24] and we will begin with commissioner [1:01:27] kaplan. [1:01:28] >> I have [1:01:30] an interest in real property [1:01:33] located at knee 50 wilshire [1:01:34] boulevard, suite 402, which is less [1:01:36] than one quarter mile [1:01:39] from the metro d line rail [1:01:42] station at [1:01:44] wilshire boulevard. And directly impacted [1:01:45] by sb 79. [1:01:48] this matter has the potential to impact [1:01:51] the rental value of the property and to [1:01:53] change the actual or legally allowed [1:01:54] uses [1:01:56] of the property. In addition, I also [1:01:57] have [1:01:59] a financial interest in real property [1:02:00] located [1:02:03] at 136 el camino drive which is less [1:02:05] than one quarter mile from the metro [1:02:06] d [1:02:09] line rail station at wilshire [1:02:11] boulevard. And is also directly impacted by [1:02:15] sb 79. [1:02:17] due to these direct impacts, I will [1:02:18] need [1:02:20] to recuse from the discussion on this [1:02:21] matter. [1:02:23] >> thank you, commissioner kaplan. [1:02:24] >> I [1:02:25] have a statement that I would like [1:02:27] to read. I have a financial interest [1:02:28] in [1:02:30] real property located 234 south tower [1:02:32] drive, unit number 10, which is less [1:02:33] than one quarter mile [1:02:36] from the metro d line railrail at [1:02:37] wilshire [1:02:39] and la cienega boulevard. And is directly [1:02:40] magtd [1:02:42] by sb 79. In addition, my primary [1:02:44] residence is located less than one [1:02:45] quarter mile from [1:02:48] the metro d line rail station. [1:02:51] and is also directly impacted by sb [1:02:52] 79. [1:02:54] due to these direct [1:02:57] impacts, [1:03:03] I will need to recuse on discussions in [1:03:06] this matter. Thank [1:03:09] you. In commissioner [1:03:12] demeter's absent, I will discuss her [1:03:13] conflicts. [1:03:14] her primary residence is located more [1:03:15] than 500 but [1:03:18] less than 1,000 feet from [1:03:20] properties directly impacts by sb [1:03:21] 79. [1:03:24] these markts impacted properties are [1:03:27] within one quarter mile [1:03:33] at wish wilshire boulevard. [1:03:36] it could market [1:03:39] her real properties' development [1:03:42] potential, highest andand [1:03:45] use, altering traffic level, intense [1:03:46] at this of [1:03:48] use, privacy, noise level or air [1:03:50] quality or market value. Commissioner demeter [1:03:51] has [1:03:53] determined that any of the proposed [1:03:54] sb [1:03:56] 79 alternative plans do have the potential [1:03:57] to [1:04:00] impact the [1:04:05] income-producing income. It could [1:04:06] crease the [1:04:08] intensity of use and increase for [1:04:09] marking in the area. [1:04:11] she believes any of the alternative [1:04:12] plans could impact the market [1:04:14] value of her property. Due to these [1:04:17] stated factors, commissioner demeter [1:04:19] will also recuse from the discussion of [1:04:21] this matter. [1:04:27] >> at this time, the city attorney, mr. [1:04:30] snow, will sort of describe the process [1:04:31] that we're going to have to go through at [1:04:33] this time. [1:04:34] >> for those [1:04:35] keeping track of the math, we do not [1:04:36] have a [1:04:39] quorum for this matter in light of [1:04:40] the [1:04:42] conflicts. The fair political [1:04:44] practicespractices has articulated some [1:04:45] rules on what [1:04:48] can happen in this circumstance. It is [1:04:50] called legally required participation. [1:04:51] and that is [1:04:54] when there is no other alternative [1:04:57] wayway a decision can be made without [1:05:00] the involvement of an [1:05:02] otherwise conflicted official. In [1:05:03] this [1:05:06] case, we've met that [1:05:09] criteria as it goes with the planning commission. [1:05:11] making recommendations to the city council [1:05:12] as to general plan [1:05:15] amendments and zoning map and [1:05:18] text amendments. There is no [1:05:21] other agency who is able to fulfill [1:05:22] that [1:05:24] function. Since there is no other [1:05:25] way [1:05:27] to [1:05:30] accomplish that, in this circumstance, with [1:05:31] a we [1:05:33] will do is have a random [1:05:36] selection process. One of the three [1:05:38] commissioners will be selected to [1:05:39] participate in the proceedings. [1:05:42] obviously, if it is either chair [1:05:45] wolfe or commissioner kaplan, we would proceed [1:05:48] today. If it is commissioner demeter, [1:05:50] the meeting would be continued to [1:05:51] allow her participation on [1:05:54] the matter. At this point, it looks [1:05:55] like that would [1:05:58] be 9:00 on monday morning. So [1:06:01] with that, I'll turn it [1:06:02] over to miss minor who will describe [1:06:04] the [1:06:07] random selection process [1:06:08] and conduct those proceedings. [1:06:09] >> thank [1:06:10] you. We have [1:06:12] three straws that look identical except for [1:06:13] the length. [1:06:15] so what will happen is I will take [1:06:16] these [1:06:19] straws to the dais. Chair [1:06:20] wolfe, and commissioner kaplan will each draw [1:06:24] a straw. The length will be concealed. [1:06:28] the remaining straw will [1:06:31] be considered commissioner [1:06:32] demeter's straw. We will lay them out so we can [1:06:34] see who picked the longest [1:06:35] straw. That is the person who will [1:06:37] participate in the discussion. [1:07:31] I'm not sure if you can see on the camera. [1:07:34] this is chair wolfe's. [1:07:36] commissioner wolfe will be the one to [1:07:37] participate in thethe [1:07:40] discussion. Oh. There were [1:07:41] three different lengths. Whichever is the [1:07:42] longest is the one who participates. [1:07:43] so that's you. [1:07:49] >> all right then. Lovely. [1:08:58] all right. I'll give us [1:09:01] a minute or two for [1:09:03] our recused commissioner to say goodbye. [1:09:07] and the others to come back. [1:09:30] okay then. Moving on to our next item. [1:09:31] a general [1:09:34] plan amendment and zone change to amen the [1:09:35] land [1:09:36] use map and zoning map and a draft [1:09:37] ordinance of the city of beverly hills [1:09:40] amenning various [1:09:42] sections of the beverly hills municipal [1:09:43] code to [1:09:46] document an alternative plan pursuant [1:09:47] to [1:09:49] senate bill 79. Government [1:09:52] code section [1:09:55] 65192. 161 a. I [1:09:58] will first ask my remaining fellow [1:10:01] commissioners if anyone has any ex [1:10:03] parte communication. [1:10:04] >> nor have I. [1:10:05] may we have [1:10:06] a staff report? [1:10:07] >> yes. Thank you. [1:10:08] and good [1:10:09] afternoon, commissioners. This item is [1:10:10] a [1:10:13] review of aa transit oriented development [1:10:14] alternative plan per sb 79. [1:10:19] sb 79 is a state law that [1:10:21] was recently adopted in october of [1:10:24] this year and becomes effective in [1:10:25] july of next [1:10:28] year. And it mandates [1:10:30] increased density, floor area, and [1:10:31] height [1:10:34] on [1:10:40] cels. The bill does not apply to parcels [1:10:41] with [1:10:43] rent stabilized units. And there are [1:10:45] different zoning regulations set for [1:10:46] various distances from [1:10:49] transit and by the time of transit [1:10:50] stop known [1:10:52] as tiers. The tier 1 standards for [1:10:55] the quarter mile apply to the [1:10:58] radius, the quarter-mile radius [1:11:00] from following metro stations which [1:11:03] are coughed as tier 11 metro stops. [1:11:07] they are at la cienega and [1:11:10] wilshire boulevard, reaves drive and wilshire [1:11:13] boulevard, and constellation [1:11:15] boulevard and avenue of the stars. [1:11:16] the last one is [1:11:19] in century city in [1:11:21] the city of los angeles. There are also [1:11:22] tier 1 standards [1:11:24] for the quarter to half mile radius. [1:11:25] however, these only apply [1:11:28] to cities with populations of 35,000 [1:11:29] or [1:11:31] more and so they do not apply to the [1:11:32] city [1:11:33] of beverly hills. However, the half [1:11:34] mail radius is [1:11:37] considered the transit oriented development [1:11:39] zone and therefore, it is eligible [1:11:40] for use within the alternative [1:11:43] plan as confirmed. And then there [1:11:45] are tier 2 standards also in the state [1:11:46] law [1:11:48] that do not apply to beverly hills as [1:11:49] we do not [1:11:52] have any tier 2 stops within the city. [1:11:55] and staff has repaired a map [1:11:57] showing the quarter mile radius from [1:11:58] the [1:12:00] transit stops and it is measured in [1:12:01] a straight line distance [1:12:04] from the pedestrian access point on [1:12:05] those stops [1:12:07] per state law. However, the state [1:12:08] law [1:12:11] also says that scag, [1:12:12] the metropolitan planning organization, [1:12:14] that includes [1:12:16] the city of beverly hills, is required [1:12:19] to produce the official map and we've been [1:12:20] following [1:12:22] up to ensure our map is consistent [1:12:23] with the map that they will eventually produce. [1:12:29] shown here in [1:12:32] this table are the new zoning [1:12:34] regulations that would apply to the [1:12:38] quarter mile radii. [1:12:41] it super seedsseeds [1:12:42] zoning regulations. It sets a knew [1:12:44] minimum density [1:12:46] of 30 dwelling units per acre. We must [1:12:47] also allow [1:12:49] at least 120 dwelling units per acre. [1:12:53] a new florida area ratio of 3.5. [1:12:56] at least 75 feet [1:12:59] of height. And there must be a maximum [1:13:00] average unit size in the projects of 1750 square feet. [1:13:05] and then [1:13:08] the state lawlaw allows sites within [1:13:10] 200 feet of the transit stops to get [1:13:13] an additional 20 feet in height for [1:13:14] a total [1:13:16] of 95 feet, an additional 40 dwelling [1:13:17] units [1:13:20] per acre for a total of 160 [1:13:23] dwelling units per acre density. [1:13:26] and an additional [1:13:29] increase of 1 far. It would be a total [1:13:32] of 4. 5 far. And shown [1:13:34] here are all three radii from sb 79. [1:13:38] there is the 200 foot radius [1:13:41] with the increase [1:13:43] density. And then the quarter mile [1:13:44] radius showing [1:13:46] with the green dash line, and then [1:13:47] the [1:13:49] larger outer circle which is the entire [1:13:50] half [1:13:52] mile radius. Just as a note, there [1:13:53] are [1:13:55] no parcels in the quarter mile from [1:13:56] the [1:13:59] century city station that are [1:14:02] upzoned for [1:14:05] sb 79. In order for a [1:14:08] project to utilize sb 79 [1:14:11] regulations, it must neat following [1:14:13] criteria. It must have at least five [1:14:14] dwelling [1:14:17] units, ago minimum 30 dwelling units [1:14:19] per acre. And it must be residential [1:14:20] only. [1:14:23] two-thirds residential, or half [1:14:26] residential and a minimum of 500 [1:14:29] net new units, or it can be [1:14:32] farm worker or transitional or [1:14:35] support housing. It [1:14:38] may not include hotels, [1:14:41] motels, bed and breakfast or [1:14:44] transient lodging. The [1:14:46] project must provide affordable units [1:14:47] at one of [1:14:49] the following percentages. Either [1:14:50] 7%, extremely [1:14:53] low, 10% very low, or 13% low [1:14:55] income. And then if the project is [1:14:56] greater than [1:14:59] 85 feet in height, it must [1:15:02] also meet labor standards set [1:15:05] in state law. [1:15:08] in addition, an sb 79 [1:15:10] project may utilize the bonus if it [1:15:11] qualifies. [1:15:14] if it has more than ten units, [1:15:17] it is automatically eligible [1:15:20] based on [1:15:23] the affordability [1:15:24] requirement. It would be considered the new [1:15:26] base density for purposes of [1:15:29] the density bonus calculation. However, the city is [1:15:30] not [1:15:32] required to approve a waiver [1:15:34] for additional height above what is [1:15:35] already granted [1:15:38] by sb 79. And projects with at least [1:15:40] 90 dwelling units per acre are also [1:15:41] eligible [1:15:44] for additional concessions based on [1:15:47] the time of low income housing they [1:15:48] provide. [1:15:50] as [1:15:53] shown in the chart. So sb 79 does [1:15:56] not require that [1:15:58] the project's proposed under the state [1:15:59] law [1:16:02] are ministerial. They [1:16:04] will still require that it is approved [1:16:05] and [1:16:07] reviewed. Most likely this would be [1:16:08] a planning review [1:16:11] and a density [1:16:14] bonus request. If state [1:16:17] law ministerial [1:16:19] streamlining applies, it may require that [1:16:20] processing. [1:16:23] the state law states that denial of [1:16:24] the project would be considered a [1:16:25] violation of the housing accountability act. [1:16:32] sb 79 also allows cities to [1:16:35] adopt what is called a [1:16:36] transit-oriented development alternative [1:16:38] plan, or alternative plan. [1:16:41] and will this allows the [1:16:44] cities [1:16:47] to applyapply plan. The [1:16:49] plan allows cities to reallocate up [1:16:50] to 50% of the [1:16:53] density of a satan within the applicable [1:16:54] quarter [1:16:55] mail radius to other sites within [1:16:56] the entire [1:16:59] half mile radius, as long as it [1:17:02] meets these conditions, it must [1:17:05] maintain the same net zoned capacity for [1:17:06] total [1:17:08] units and floor area [1:17:11] across the zones. It may not [1:17:13] reduce density on any site by more than [1:17:14] 50%. And there [1:17:17] is a maximum calculation of [1:17:20] 200 density for [1:17:23] any individual site. And staff [1:17:26] has repaired three [1:17:29] different alternative plan scenarios. [1:17:31] from single family sites within the quarter [1:17:32] mail radius, [1:17:35] known as our export sites. It [1:17:38] reallocates [1:17:41] that to mixed use sites within the [1:17:44] quarter mile or half mile radius. [1:17:46] each scenario distributes it in different ways [1:17:47] but no [1:17:49] scenario distributes any density to [1:17:50] the century [1:17:53] city station radius. And [1:17:56] this is because mixed use sites have [1:17:57] already been [1:17:58] identified as areas for additional [1:17:59] density and housing. [1:18:02] so in compliance with state law, [1:18:05] the scenarios maintain the zoning [1:18:08] capacity of 17,548 units, depending [1:18:10] on the scenario, either the quarter or [1:18:11] the half [1:18:13] mile. It maintains the net floor area. [1:18:17] so even though the [1:18:20] far on single family sites has been [1:18:23] reduced, all others [1:18:26] are a positive increase. And they [1:18:27] all [1:18:29] allow at least 75 feet of height [1:18:32] on the import sites, onner 95 feet [1:18:35] for [1:18:38] the adjacent [1:18:41] intensifier. And staff has created [1:18:43] these scenarios within an overlay [1:18:44] zone. And in addition to [1:18:47] that, it will add other [1:18:48] provisions and modifications to the code. [1:18:53] so in each alternative [1:18:55] plan, there are three different sub [1:18:57] areas. And the [1:18:58] density for those sub areas are shown [1:19:00] here. They [1:19:02] remain constant across the different [1:19:06] scenarios. Area a is the [1:19:09] area that is [1:19:12] upzoned in the quarter [1:19:13] mile radius and is not involved in [1:19:15] the [1:19:18] import/export activity. [1:19:21] area b is single [1:19:24] family export sites. It has [1:19:26] been reduced to 50% density. And area [1:19:30] c are within the 200 foot [1:19:33] radius and only upzoned. They're [1:19:34] not involved in the import/export activity. [1:19:39] and [1:19:41] then our first scenario is the pancake [1:19:42] scenario. And we're [1:19:43] calling it the pancake scenario because [1:19:45] it [1:19:46] distributes the units evenly across [1:19:48] the [1:19:50] entire half mile radius from both [1:19:51] stations. So [1:19:54] it creates three new sub areas [1:19:57] where there are import sites in the [1:19:59] mixed use overlay zone. Area d are [1:20:00] within [1:20:03] the 200-foot radius. Not [1:20:05] adjacent to single family. Area e [1:20:06] are [1:20:08] from the 200 to the quarter mile radius. [1:20:09] also [1:20:10] not adjacent to the single family. [1:20:12] and [1:20:14] area f, from the quarter to the half [1:20:15] mile, [1:20:17] not adjacent to single family. And [1:20:18] the new [1:20:20] dense business that would accommodate [1:20:21] the [1:20:22] distributed units are shown in the blue chart here. [1:20:30] and these maps show [1:20:33] an overview [1:20:34] of the distribution in a simplified [1:20:36] way. The light green are [1:20:39] the base sb 79 sites that are upzoenld [1:20:42] but they are not importing or [1:20:44] exporting density. The teal sites [1:20:45] are the [1:20:48] single family export sites [1:20:51] where we are [1:20:53] removing density. And the pink are in [1:20:54] the mixed [1:20:56] use overlay zone which are receiving [1:20:57] density. And [1:20:59] as you can see here, this scenario [1:21:02] has the pink sites extend into the [1:21:03] quarter mile. Which is [1:21:06] the only scenario that has that condition. [1:21:09] and the density on the [1:21:12] pink import sites ranges [1:21:15] from 121 to 202 dwelling units [1:21:18] per acre. And then this map [1:21:20] shows a little more detail with each of [1:21:21] the [1:21:24] new areas created. D, e, and f. And [1:21:26] they're shown in the light, medium, [1:21:27] and [1:21:30] dark blue around the [1:21:33] stations. [1:21:36] the second [1:21:39] scenario is the tent pole scenario. [1:21:40] this maximizes distribution in the 200 foot [1:21:42] and the quarter mile radius [1:21:45] from both stations. [1:21:48] there are [1:21:50] there is a sharper density. There are [1:21:51] two areas [1:21:53] created with this scenario. Area d, [1:21:57] within the 200 foot [1:22:00] radius, not ajason ento single family. [1:22:03] and area e, 200 foot to quarter [1:22:06] mile, not adjacent to [1:22:09] single family. And as you can [1:22:12] see here, the import sites [1:22:13] are concentrated around the stations. [1:22:15] it [1:22:18] does not extend into the outer ring. [1:22:21] the quarter mail to thethe mile radius. [1:22:24] the density ranges from the import sites [1:22:27] from 165 to 320 dwelling units [1:22:30] per acre in this scenario. [1:22:33] and [1:22:36] then this map shows more detail with [1:22:37] the specific [1:22:39] areas, d and e, shown around the [1:22:42] stations. [1:22:45] and finally, our [1:22:48] scenario 3 is the la cienega focused [1:22:49] scenario [1:22:50] which maximizes the distribution of units in [1:22:51] the [1:22:54] 200 andand mile radius around only [1:22:57] the la cienega subway station. That's [1:23:00] because the majority of single family [1:23:02] sites from whichwhich there units [1:23:05] being exported are located around [1:23:06] the la [1:23:09] cienega station. So this [1:23:10] concentrates the units in that area. [1:23:12] and it creates two additional sub [1:23:15] areas. Area d are the mix use sites [1:23:18] within the 200 foot, [1:23:21] not adjacent to single family, and [1:23:22] area [1:23:24] e, from the 200 to quarter mail area [1:23:27] from the la [1:23:30] cienega station, not adjacent to single [1:23:31] family. The they are shown in the [1:23:33] blue chart. And in the [1:23:35] overview, you can see that there are [1:23:36] only [1:23:38] pink import sites around the la cienega [1:23:39] station. [1:23:42] and the densities here range from [1:23:45] 230 to 320 dwellingdwelling [1:23:48] per acre. And [1:23:51] again, the more specific map, and you [1:23:52] can see [1:23:54] that only the area d and e shown in [1:23:55] light [1:23:57] and dark blue are around the la cienega station. [1:25:07] see that complies. [1:25:09] this was noticed in compliance with [1:25:10] all [1:25:12] requirements and an email to all interested [1:25:13] parties was [1:25:15] sent. And there were several comments [1:25:16] received that have [1:25:17] been circulated to the commission. [1:25:19] and with that, staff [1:25:20] recommends that the commission adopt [1:25:22] a resolution [1:25:25] recommending the [1:25:27] general plan amendment to create the [1:25:28] alternative [1:25:31] plan and find [1:25:34] it exempt from [1:25:37] ceqa. [1:25:40] specifically to prepare [1:25:43] updated land use maps and [1:25:45] zoning maps based on scenario 1, 2, [1:25:46] and 3. [1:25:49] >> thank you for that [1:25:50] staff report. I'll now open the public [1:25:52] hearing. [1:25:55] each member of the public will [1:25:58] have three minutes to [1:26:01] speak. And public comment will [1:26:03] be closed before the commission begins [1:26:04] deliberations. [1:26:06] those wishing to provide comment should [1:26:07] do so [1:26:08] now. I'm looking around. I don't have [1:26:10] any cards. Is there [1:26:12] anyone in the room who wishes to provide [1:26:13] public [1:26:15] comment on this item? Seeing none, I [1:26:19] will move to ask karen [1:26:22] if we have any public comment via [1:26:25] phone, video or email? [1:26:27] >> yes. We will start with phone comment. [1:26:28] we have a [1:26:30] call from kenneth. Please go ahead. [1:26:40] >> can you [1:26:42] hear me? [1:26:43] >> yes. Please go ahead. [1:26:44] >> can you hear [1:26:46] me now? My name is ken. [1:26:49] I live at 731 shoe [1:26:52] maker drive which [1:26:54] is part of, I'm literally over the fence from [1:26:55] the [1:26:57] east side of tower drive. And I'm [1:27:00] calling in as just an individual neighbor, of [1:27:01] course. There is [1:27:04] a lot to consume here [1:27:05] and understand with all the rules [1:27:07] and regulations. Profoundly what [1:27:09] I'm asking is two things. Number one, that [1:27:12] you don't grant an exemption under [1:27:13] ceqa. [1:27:15] we are, and most of you probably know [1:27:16] the [1:27:19] story and history. [1:27:21] we're on the national registry, et cetera. [1:27:25] the other thing is I noticed just now as [1:27:27] I'm getting educated with this, that [1:27:28] each. [1:27:31] these plans include an [1:27:33] exemption that, the three scenarios, [1:27:34] they're [1:27:36] not adjacent to single families. The [1:27:37] east side of tower drive [1:27:40] is immediately adjacent. It is [1:27:42] over the fence. I've lived here since [1:27:43] 1976. I have [1:27:45] a number of new neighbors that have [1:27:46] children, et [1:27:48] cetera. And the impacts will be more [1:27:49] than substantial. [1:27:52] as I'm reading right now about ceqa [1:27:55] in particular, [1:27:58] notably, that indirect impacts on [1:28:01] adjacent properties are profoundly [1:28:03] protected under ceqa considerations. [1:28:05] even if you choose to exempt ceqa [1:28:07] from this, [1:28:08] which I think would be inappropriate, I [1:28:10] think that [1:28:12] the very fact that you've chosen to [1:28:13] exclude in every [1:28:16] one of your [1:28:18] scenarios, single-family dwelgs, should [1:28:19] give the [1:28:21] people that same consideration on [1:28:25] schumaker drive. What I would [1:28:26] request is thatthat looking at plan, that [1:28:28] you exclude the east side of [1:28:31] tower drive which is immediately, it [1:28:34] is in our back yards. It is [1:28:37] literally in our back yards. [1:28:40] if ceqa is [1:28:43] inapplicable, [1:28:46] it basically says that examples [1:28:49] of indirect impacts include visual, [1:28:51] auditory, atmospheric changes to immediate [1:28:52] surroundings of [1:28:55] an historical resource from [1:28:58] construction. This the resource impact [1:29:00] analysis may overlap with the aesthetic [1:29:01] and [1:29:04] noise vibration analysis. I [1:29:07] plead with you to think of us [1:29:09] asalize. Spend years working through [1:29:10] with [1:29:13] the beverly hills soccer and [1:29:15] baseball, la cienega park. We have [1:29:16] already incursions [1:29:19] from traffic [1:29:20] and from people people for parking. [1:29:22] and parking in [1:29:24] our neighborhood, so the more immediate [1:29:27] thing, of course, is over the fence [1:29:28] looking up at a [1:29:31] 75-foot or so building. All the [1:29:34] impacts of the noise and he [1:29:37] esthetics are horrifying. Thank you for [1:29:38] your [1:29:40] consideration. [1:29:41] >> thank you for your comments. [1:29:42] >> okay. We have no additional phone [1:29:43] comments. [1:29:45] no video comments. But we have a few [1:29:46] written comments. I will go [1:29:49] ahead and read those. I will apologize [1:29:50] in [1:29:51] advance if I mispronounce any names. [1:29:52] and [1:29:55] if any letters go beyond the three minutes, I [1:29:56] will [1:29:58] just read as far as I can. But the [1:30:00] entirety of the letters will remain part of [1:30:01] the record. [1:30:04] the first letter [1:30:07] comes from -- [1:30:10] hi. I live on north maple drive. [1:30:13] I strongly urge you to consider scenario three [1:30:15] and appreciate your consideration. [1:30:16] earn [1:30:19] thety plan scenario three reallocation [1:30:20] of [1:30:21] decreased residential density within one [1:30:22] quarter mail [1:30:25] of metro stations to mixed use [1:30:28] properties be adjacent, within one [1:30:31] quarter mile of the [1:30:34] la cienega wilshire stop. [1:30:38] within 200 feet. [1:30:41] thanks. The next letter come [1:30:44] from derian. Many thanks to the [1:30:47] planning department people [1:30:48] for their prompt and time-consuming work [1:30:50] on this project. [1:30:52] I think it is important to place increased [1:30:53] density in as small [1:30:56] an area as possible. Therefore I [1:30:58] favor alternative plans 3 and 2. I think 3 is [1:30:59] a [1:31:02] better idea for several reasons. [1:31:04] one, most of the area near the metro [1:31:08] stop is in los angeles. [1:31:11] two, it seems it would fit better [1:31:14] at wilshire and la cienega. [1:31:16] three, residents of new projects will have access [1:31:17] to la cienega [1:31:19] park. Four, residents of new projects [1:31:20] will [1:31:21] have better access to the freeway. [1:31:25] however, I am concerned about residential having a [1:31:26] hate [1:31:28] limit of 75 feet with increased density [1:31:31] limited to 50%. Then shouldn't the [1:31:33] height limit be decreased to half [1:31:35] of 75 feet or [1:31:38] 38 feet or maybe 45 feet or [1:31:41] three stories? I think this would [1:31:42] especially important for such residential [1:31:44] properties which [1:31:47] are adjacent to [1:31:50] other one or two-story [1:31:51] single family residences which are [1:31:53] not being upzoned. Thanks to [1:31:55] everyone for their time. Before I read the [1:31:56] next letter, [1:31:58] I'm going to ask the zoom managers [1:31:59] to [1:32:00] please make sure everyone is muted so we [1:32:04] can hear the public comments. The [1:32:05] next [1:32:08] is from lee [1:32:11] pasterknack to the commissioners. [1:32:14] >> I already spoke. >> did you? >> [1:32:17] the zoom is not muted. The next [1:32:20] letter come from lee [1:32:23] pasterknack to the planning commissioners. [1:32:25] my preference would be the third plan because [1:32:26] the wilshire [1:32:28] and la cienega area is closer to los [1:32:29] angeles and the quarter mile [1:32:32] around the metro stop. [1:32:34] there is largely in los angeles. Also, there [1:32:35] is better approximate [1:32:38] it to the freeway as well as san vincente [1:32:39] and [1:32:40] there will be less gridlock to get [1:32:41] to those [1:32:43] places. Residents of the new projects [1:32:44] would have [1:32:47] better access to la [1:32:48] cienega park. The area around wilshire [1:32:50] and la cienega seems denser and [1:32:53] more compatible. The my [1:32:54] second choice would be alternative [1:32:56] two. Both 3 and 2 [1:32:58] restrict density to smaller areas in [1:32:59] the city. [1:33:02] regards, lee pasterknack. [1:33:04] the next letter comes from sarah wilin. [1:33:05] in the [1:33:08] unlikely event that beverly [1:33:09] hills might remain a loverly place to [1:33:11] live as compared to say [1:33:13] shop, I urge the commission to document plan b [1:33:14] or [1:33:16] better yet, an alternative plan calling [1:33:17] for the [1:33:20] reallocation of decreased residential [1:33:23] density within one quarter mile of [1:33:24] metrometro [1:33:25] stations to mixed use properties. [1:33:28] not adjacent to mixed use residents [1:33:29] within one quarter [1:33:32] mail of the metro stop and [1:33:35] within 200 feet. Between the state [1:33:38] and the city [1:33:41] council, 32,000 beverly hills are being ronald of [1:33:44] a residential community which favors [1:33:45] their interest. [1:33:47] but here's for trying. Thanks. [1:33:49] the next letter comes from arnold [1:33:50] rosenstein. [1:33:53] this was [1:33:56] sent. We own [1:33:58] the proper at niemi 99 wilshire directly [1:33:59] across [1:34:02] the street from wilshire and reaves. [1:34:04] as we measure our property, we are [1:34:05] about 240 feet from [1:34:07] the metro site. Slightly more than [1:34:08] 200 [1:34:10] feet specified in sb 79. In addition, [1:34:11] our property is not [1:34:14] in the mixed use overlay don't previously documented [1:34:17] by the city. Nevertheless, we are, since we [1:34:20] are so close to the new metro [1:34:22] station, we think it makes sense for our property to [1:34:25] qualify for additional density. We [1:34:26] would appreciate it [1:34:27] if could you raise this question for [1:34:29] consideration. Thank you. [1:34:32] the [1:34:35] next letter [1:34:38] comes from we will shire skyline. [1:34:39] we [1:34:41] urge the city to reconsider [1:34:43] its current development alternative [1:34:44] plan as drafted it [1:34:47] is very unlikely to be approved by [1:34:48] hcd [1:34:50] and risks repeating the same mistakes [1:34:51] the city [1:34:53] made with a mixed use. Mistakes [1:34:56] that previously [1:34:59] caused hcd. It allows [1:35:03] an earn thety plan only if [1:35:06] it creates the same realistic [1:35:08] increase in zone capacity that sb 79 [1:35:12] itself would proceed. [1:35:14] but the city moving it out and on [1:35:15] to [1:35:18] already difficult- [1:35:20] out parcels that have little chance [1:35:21] of [1:35:24] redevelopment. They will not [1:35:27] count it as [1:35:30] real. The draft plan does almost [1:35:33] nothing to [1:35:36] upzone multifamily areas. [1:35:37] exactly where state law expects meaningful [1:35:39] change. We have [1:35:42] seen this before when the city revised [1:35:44] the mixed use overlay density rules, [1:35:45] it looked [1:35:46] acceptable on paper but produced no [1:35:48] real housing capacity and [1:35:50] chd rejected it. The current plan [1:35:54] repeats that pattern, [1:35:55] relying on spread sheets while avoiding [1:35:57] the area where it must [1:35:59] be created. If the city wants an alternative [1:36:00] plan that will [1:36:02] be certain fade, it must shift real [1:36:06] feasible density. Some from [1:36:09] single-family zones. Not rely [1:36:12] on theoretical [1:36:15] capacity and built [1:36:18] out corridors. We attach a [1:36:20] memo seeking to help the city achieve [1:36:21] these goals. [1:36:22] we remain available at your disposal [1:36:24] to assist the [1:36:26] city and realize it planning goals. [1:36:27] thank you for your [1:36:30] consideration. The attachment, it's [1:36:32] addressed to the commission, come from [1:36:33] the beverly [1:36:36] hills initiative for research [1:36:39] and development. This is [1:36:42] part of the same [1:36:43] comment. We should only have about a [1:36:44] minute on the clock. This urges the [1:36:45] city to reconsider its [1:36:48] current approach to the sb [1:36:51] 79 transit plan as presently [1:36:53] framed in the staff report and materials, [1:36:54] the [1:36:56] alternative plan appears unlikely to be [1:36:57] approved by the [1:36:59] california department of housing and [1:37:00] community development. [1:37:03] hcd. And risks repeating the same [1:37:06] problem that led hcd to question [1:37:09] the credibility. Mixed use [1:37:12] overlay zone in the [1:37:15] last cycle. To [1:37:18] avoid litigation risk and remedy exposure, [1:37:21] the city should pivot to [1:37:24] a more realistic [1:37:27] strategy, [1:37:30] mag into multi-family. That just relabeling [1:37:33] already [1:37:34] builtout commercial corridors. Legal [1:37:36] framework [1:37:38] establishes powerful default for transit [1:37:39] oriented [1:37:41] housing including minimum heights, [1:37:42] densities [1:37:44] and tier 1 and tier 2 transit stops. [1:37:48] a city may deviate only if it [1:37:50] documents a local transit oriented [1:37:52] development alternative plan that [1:37:54] one, is approved by [1:37:57] hcd before july 1st, 2026, and [1:37:59] two, maintains at least the same total [1:38:00] increase [1:38:02] in zoned capacity in terms of both [1:38:03] total units [1:38:05] and residential floor area, as provided [1:38:06] by [1:38:09] sb 79 crass all [1:38:15] signs. [1:38:17] it will remain part of the written record. [1:38:20] I'll do one last check to make sure we [1:38:21] don't have [1:38:24] any other [1:38:27] comments. [1:38:36] it looks like that concludes the [1:38:38] public comments. [1:38:39] >> thank you. At [1:38:40] this [1:38:41] point we will move to commissioner questions of staff. [1:38:45] commissioner ross, would you [1:38:48] like to start? Let me [1:38:49] rephrase that. Commissioner ross, [1:38:51] kick us off, please. [1:38:54] >> [1:38:57] yeah. I've honestly spent the last [1:38:58] week or so [1:38:59] trying to understand this and you [1:39:00] did a great job presenting it to us. [1:39:03] within various scenarios, and [1:39:06] alternatives and tiers, it is [1:39:08] really complicated. And I'm not sure [1:39:09] I'm in a [1:39:12] position to really make an [1:39:13] intelligent decision yet. So I have a number of [1:39:15] questions and I hope [1:39:18] I get therethere in meeting. [1:39:21] just as a [1:39:24] preliminary matter, I'm looking at [1:39:27] the very first map we have. The [1:39:30] draft sb [1:39:33] 79 base zone map. [1:39:36] as a preliminary matter, you [1:39:39] have, excluding [1:39:42] century [1:39:45] city, I think up something about, there [1:39:46] is [1:39:48] been a finding [1:39:51] relative to the century city that [1:39:52] it does [1:39:54] not impact any properties in [1:39:55] beverly hills? Something up about [1:39:57] that. Can you repeat that? [1:39:58] >> sure. [1:40:00] you can see with the map [1:40:03] shown on the screen, the century city [1:40:04] station [1:40:05] is at the bottom left. The quarter [1:40:06] mile [1:40:09] radius, actually, the only [1:40:12] radius which the upzoning occurs per [1:40:15] state law. It only touches that [1:40:18] one prt which I believe is [1:40:19] the beverly hills high school property. [1:40:22] >> okay. [1:40:25] >> so because that parcel is not [1:40:28] zoned for [1:40:29] commercial, residential, or mixed [1:40:31] uses, it does not apply. [1:40:33] >> from the green to the red, that [1:40:34] is the half [1:40:36] mile radius. Correct? [1:40:37] >> correct. [1:40:38] >> what occurs [1:40:40] within the half [1:40:41] >> that [1:40:43] is considered [1:40:46] the transit zone under [1:40:49] the law. So although sb [1:40:52] 79 only applies for [1:40:54] a quarter mile radius, we are able to [1:40:55] distribute [1:40:57] units within the half mail area which [1:40:58] is what scenario [1:40:59] one does in the alternative plan. [1:41:01] and that's [1:41:02] the only scenario that use that's [1:41:04] outer [1:41:07] ring. [1:41:08] >> scenario [1:41:10] 1. [1:41:16] and that's on pagepage [1:41:19] 6.1. [1:41:20] >> yes. >> [1:41:21] scenario 1 is the only one that extends [1:41:22] beyond the quarter mile. [1:41:23] >> correct. [1:41:28] I'll pull [1:41:31] up thethe 1 on [1:41:34] the screen here. [1:41:37] >> and [1:41:40] then [1:41:43] scenario 2, [1:41:46] tentpole, how do you distinguish [1:41:48] that from pancake? [1:41:49] >>> so the pancake, I would [1:41:50] say, is a [1:41:52] more gradual increase in density [1:41:54] across the entire half mile radius. [1:41:55] >> I'm sorry [1:41:58] to interrupt. I thought [1:41:59] pancake was limited to the one quarter [1:42:01] radius. [1:42:02] >> no. It uses [1:42:04] the entire half mile. [1:42:07] you will see here on the [1:42:10] map, the [1:42:12] areas in blue extend all the way to the [1:42:13] half [1:42:16] mile radius. [1:42:18] >> did you change maps on me? >> sorry, [1:42:19] I [1:42:22] did. This is scenario 1. The pancake [1:42:24] scenario. It is a more even distribution [1:42:25] because it uses all [1:42:28] the sites within the half mile [1:42:31] that are mixed-use import sites. [1:42:34] >> so scenario 1 goes -->> [1:42:37] out to the half [1:42:40] mile. [1:42:42] and then I'm changing to scenario 2. [1:42:46] so the [1:42:49] scenario 2, the tentpole [1:42:51] scenario, it maximizes the distribution [1:42:52] around [1:42:55] the station. 200-foot [1:42:58] radius and the quarter meanwhile-mile [1:42:59] radius. [1:43:01] so the [1:43:04] density is more. It accommodated all the [1:43:06] units west didn't need to utilize [1:43:07] the outer quarter [1:43:10] to half mile ring for any of those [1:43:13] distributions. [1:43:14] >> so tentpole [1:43:15] limits to it one quarter mile radius from the [1:43:18] transit station. [1:43:19] >> from both are [1:43:22] transit stations. [1:43:23] >> both [1:43:25] meaning la [1:43:28] cienega and reaves? [1:43:29] >> yes. >> hold on [1:43:30] one [1:43:31] second. [1:43:32] >> can you actually pull up [1:43:33] the [1:43:34] other color maps? [1:43:36] I think it is easier to see how it is being distributed. [1:43:40] the teal and pink ones. [1:43:46] >> [1:43:49] also, the half mile radius, we [1:43:51] could under sb 79 have redistributed [1:43:52] units [1:43:55] there, none of the scenarios [1:43:58] redistribute [1:44:01] there. We have only [1:44:03] redistributed to the half mile radius to [1:44:04] the [1:44:07] two stations [1:44:10] around beverly hills. [1:44:13] and we [1:44:15] did that to move it into an area where it [1:44:16] is not otherwise [1:44:19] increasing [1:44:22] density. [1:44:25] >> [1:44:28] if we want to back up a little [1:44:30] bit, I can go through these maps instead. [1:44:40] >> your presentation was great [1:44:43] but a lot of it was [1:44:46] like, hard to digest. It promise me to [1:44:48] ask these questions. Bear with me if [1:44:49] you [1:44:52] don't mind. [1:44:55] scenario 2, [1:44:57] tentpole, confines all the increased [1:45:01] density to 1 quarter mile from [1:45:04] the la [1:45:07] cienega and reaves stations. [1:45:10] and it goes half a mail, goes [1:45:13] a quarter mile -- [1:45:14] >> but -- [1:45:16] >> let me say it my way. [1:45:18] you're being very courteous. I appreciate [1:45:21] it. Limits the upzoning to a quarter [1:45:22] mile from [1:45:25] the la cienega station. [1:45:28] >> one point of clarification. It [1:45:29] only limits the redistribution to [1:45:31] the area around the la [1:45:34] cienega station. There's still upzoning [1:45:36] during per sb 79 at the other station. [1:45:37] it's just [1:45:39] that we're not adding additional density [1:45:40] per the alternative [1:45:43] plan around the reuse [1:45:45] wilshire station in this scenario. [1:45:46] >> okay. [1:45:49] >> would you say that again? >> [1:45:52] sb 79 is doing it. It is just, we're [1:45:53] not [1:45:55] adding additional in [1:45:58] that area. There's going to be increased [1:46:01] density. In area because [1:46:04] sb 79 will have it. Will make [1:46:07] it happen. But the city isn't then [1:46:09] redistributing extra density in that [1:46:10] area under [1:46:13] that scenario. [1:46:14] >> it's making up for [1:46:15] it how? [1:46:16] >> putting more [1:46:18] density than would otherwise be in [1:46:19] the other [1:46:21] scenarios. [1:46:22] >> that's correct. If you look at the [1:46:23] map, you can [1:46:24] see the pink sites are only limited [1:46:25] around [1:46:27] the la cienega station in scenario [1:46:28] three. So those are [1:46:31] the only sites that are [1:46:35] being added more than what [1:46:36] sb 79 already allows. [1:46:37] >> what's the [1:46:38] purpose [1:46:41] of that? [1:46:42] >> it allows -->> [1:46:44] it enables us to show the [1:46:45] state something. [1:46:46] >> it allows to us [1:46:47] remove up to 50% of the density [1:46:50] from single-family sites [1:46:52] that were upzoned by sb 79. We're taking [1:46:53] that [1:46:56] 50% density and moving it [1:46:58] to mixed-use sites, the pink sites [1:47:01] here, those are already designated [1:47:02] for [1:47:04] additional housing and development. [1:47:05] >> okay. Those [1:47:08] are duplexes or [1:47:09] fourplexes. [1:47:10] >> they're commercially- [1:47:11] owned [1:47:13] partsels along the corridors that [1:47:17] allow the mixed-use. [1:47:20] >> okay. >> I can go back. [1:47:22] this is scenario three. You can look at [1:47:23] the pink around [1:47:25] the la cienega station. And then scenario [1:47:26] 2, you [1:47:28] see the pifrg around both stations. [1:47:29] it [1:47:31] is only in the quarter mile. And then [1:47:32] scenario 1, [1:47:34] you see how it extends the pink out to [1:47:38] the half mile. [1:47:39] around both. [1:47:40] >> and it is limited [1:47:41] to those specific properties. [1:47:42] >> [1:47:43] the additional increase in density that the [1:47:46] alternative plan would allow are limited. [1:47:50] the quarter mail radius is also [1:47:53] upzoned the base density is [1:47:56] upzoned per sb [1:47:59] 79. [1:48:00] >> okay. [1:48:01] >> how do we have the, within the dictates of [1:48:05] sb 79, we have [1:48:08] to demonstrate to the state, [1:48:09] much like we had to with respect to [1:48:11] our housing element, that we [1:48:14] have the ability to have [1:48:17] this much density. [1:48:18] and is it, am I correct that staff [1:48:20] came up with [1:48:23] these three scenarios as ways [1:48:26] to show the state that through one [1:48:29] of these mechanisms, we [1:48:32] are complying with sb 79. [1:48:35] >> correct. >> okay. And the [1:48:37] adoption of the alternative plan allows to [1:48:38] us [1:48:40] utilize these flew densities rather [1:48:43] than what just state law says. [1:48:44] >> [1:48:45] which is? [1:48:47] >> the upzoning in the quarter [1:48:49] mile radius and which would apply [1:48:53] the 100% [1:48:55] density. This allows us to reduce [1:48:56] the density on single- [1:48:59] family sites. [1:49:02] >> these plans aren't acquired. [1:49:05] >> that's helpful. >> not that [1:49:06] they're required but our planners [1:49:08] and our staff are [1:49:10] proposing these as a way to simultaneously [1:49:11] comply [1:49:14] with sb [1:49:17] 79 and distribute the [1:49:19] increased density and upzoning in [1:49:20] ways [1:49:23] reserve some aspects of our [1:49:26] city. Within the dictates of sb [1:49:28] 79. And this will not happen. What [1:49:29] if we [1:49:31] don't get an approval. If we don't [1:49:32] do this in [1:49:35] a timely manner, [1:49:38] and/or the state drags [1:49:41] its feet, like some people think we did [1:49:43] with respect to the housing element -- [1:49:47] sorry? Then what [1:49:50] happens? It was dictated, as the chair [1:49:52] just that. What does that mean? [1:49:53] >> so [1:49:54] one of the reasons [1:49:56] we're presenting this in a very [1:49:57] compressed time line, we want to allow for [1:49:59] that 120-day [1:50:02] review period by hcd. If we [1:50:04] adopt, if the city council documents [1:50:07] this plan in january, that 120-day period [1:50:08] would run through the end [1:50:10] of may which gives us an opportunity [1:50:11] to address [1:50:13] any of the comments and make changes [1:50:14] so we can [1:50:17] bring the plan into compliance. [1:50:19] staff has been working with and is [1:50:20] in [1:50:23] direct contact with members of with [1:50:24] hcd. [1:50:26] we're addressing how to [1:50:27] comply with the regulations. [1:50:28] >> are [1:50:29] we being [1:50:31] asked today to pick scenario 1, 2, [1:50:32] or 3? [1:50:33] >> [1:50:35] yes. [1:50:36] >> then it will go to [1:50:38] council. [1:50:39] >> [1:50:41] light duty. [1:50:47] and if we select 1, 2, or [1:50:50] 3, not [1:50:52] we, council picks, documents 1, 2, [1:50:53] or [1:50:56] 3, that the state will find [1:50:58] that sufficient and satisfactory? [1:51:02] >> yes. Staff believes all [1:51:05] three scenarios comply [1:51:08] with all the requirements of sb 79. [1:51:09] >> thank you. Now I want [1:51:10] to back up again one more moment. [1:51:11] and [1:51:14] I want to try to simplify this [1:51:17] if at all possible. If I'm not mistaken. [1:51:20] scenario 1 extends the upzoning [1:51:23] beyond the half [1:51:26] mile intointo [1:51:28] the, beyond the quarter mail into [1:51:29] the half [1:51:32] mile radius. [1:51:33] >> number 3 -- [1:51:35] number 2, limits the upzoning to a [1:51:36] quarter [1:51:38] mile from la cienega and reaves. [1:51:40] >> correct. >> can you tell me about [1:51:41] number [1:51:44] 3? [1:51:45] >> it limits it to only the quarter [1:51:46] mile [1:51:47] from la [1:51:50] cienega. [1:51:51] >> and there were a number [1:51:53] of speakers that talked [1:51:55] about access to the freeways and activating [1:51:56] that part of [1:51:59] the city. And those were people [1:52:02] that were proponents of scenario 3, [1:52:03] if I [1:52:05] heard correctly. [1:52:06] >> correct. [1:52:08] >> mr. [1:52:11] pastrnak. [1:52:12] >> I [1:52:13] probably have some other questions. [1:52:14] that's at least a [1:52:17] good baseline. I [1:52:20] didn't have the benefit of [1:52:23] this. Read aing this [1:52:26] was very thick. [1:52:28] I'm going to defer for now if I have [1:52:29] more questions. [1:52:31] may I? Okay. Thank you very much. [1:52:32] thank you. [1:52:35] >> [1:52:38] vice chairchair milkowski? [1:52:39] >> my [1:52:41] head [1:52:44] is already going around and around. [1:52:45] chloe, thank you for [1:52:46] the explanation yesterday and what [1:52:51] you've explained today. [1:52:53] if I understand this correctly, in [1:52:56] our proposal to hcd, whichever scenario we [1:53:00] go with, these [1:53:03] are [1:53:06] theoretical units that can be -- [1:53:07] >> [1:53:09] correct. [1:53:10] >> [1:53:11] built. [1:53:12] >> I was not parcelparcel to [1:53:15] original hcd application that [1:53:18] seemed to have gone on forever. [1:53:21] does our state [1:53:24] housing department, [1:53:27] how do they analyze the [1:53:29] realistic, applying the theoretical [1:53:33] to reality? [1:53:34] >> the letters, it is a reference to [1:53:36] a [1:53:39] standard that the housing [1:53:41] element exercise is held to. When [1:53:42] we did the [1:53:44] last housing element update, we had to [1:53:45] show that [1:53:48] the city could accommodate the [1:53:49] application, the number of units, [1:53:51] number one, and number two, [1:53:53] that there was realistic capacity [1:53:55] meaning they are realistic within [1:53:57] the next planning period cycle. [1:54:03] they are still working [1:54:05] on developing guidance. We expect [1:54:06] to receive that [1:54:08] guidance from them. I don't know if [1:54:09] michael has [1:54:11] got additional. [1:54:12] >> just to expand [1:54:13] on it, [1:54:14] there is nothing in the legislation [1:54:15] that suggests [1:54:18] that this will be held to the same [1:54:21] standard, and our assumption [1:54:23] is that it won't. The order of magnitude of this [1:54:27] is so far beyond what we had to do with [1:54:30] the arena. Our arena number is [1:54:33] a little over 3,000. As we mentioned [1:54:35] in the staff report, the net increase [1:54:36] in units under [1:54:39] sb79 [1:54:42] theoretically is a little over 17,000 [1:54:43] units. [1:54:45] so it is just a completely different [1:54:46] order [1:54:48] of magnitude, and the difference in [1:54:49] the [1:54:50] two approaches is that under the general [1:54:51] plan housing element [1:54:54] we have to identify the site. It is [1:54:55] up [1:54:57] to the city to pick [1:54:59] the geographic area the sites will [1:55:00] be located [1:55:02] and in this situation the legislation [1:55:03] is dictating to us [1:55:06] where we must put the unit. It wouldn't [1:55:07] be fair [1:55:09] to hold it to the same standard because [1:55:10] this is [1:55:12] significantly limiting where we can [1:55:13] put the [1:55:15] units. To say the sites are not viable [1:55:17] when legislation says that you have [1:55:18] to put it there, our hope [1:55:20] and assumption is that it will not [1:55:21] be held to the same [1:55:23] standard, and there is nothing in the [1:55:24] legislation suggesting it would be. [1:55:27] >> thank you both for your [1:55:30] clarification. I [1:55:33] know t you addressedaddressed earlier, [1:55:36] michael. Why aren't we expanding in [1:55:37] the [1:55:39] scenario, the pancake by the high [1:55:42] school to the half mile? [1:55:43] >> because [1:55:44] in that [1:55:45] area there is no up zoning applicable [1:55:46] under [1:55:49] sb79. Because we are only applying in [1:55:52] the quarter mile, the only [1:55:53] property falling within that is the high [1:55:55] school, and under legislation it [1:55:56] does not apply to the high school. [1:55:58] so within the [1:56:00] half mile there is no increase in [1:56:04] density there under sb79. [1:56:07] we have the option to [1:56:08] import units which would increase [1:56:10] the density in that part [1:56:13] of the city. We opted [1:56:16] as a policy matter not to move the [1:56:18] density into that area and to keep [1:56:19] it [1:56:21] focused on our two metro stations [1:56:22] in the [1:56:25] city. [1:56:26] >> okay. Thank you. [1:56:43] am I correct in assuming that each that the [1:56:46] three [1:56:48] scenarios reached the 17,000 unit [1:56:49] capacity? [1:56:51] >> correct. We are maintaining the [1:56:52] same net zone capacity in each scenario. [1:56:55] >> [1:56:58] so, our choice, if I --our [1:57:01] decision making if I understand [1:57:04] it [1:57:07] correctly [1:57:10] is [1:57:13] adopting a plan, [1:57:16] regardless of which we adopt we [1:57:19] are assuming hcd will go along [1:57:21] with it. [1:57:22] >> correct. The request is [1:57:23] for you to [1:57:24] recommend which scenario that you would [1:57:25] like to have [1:57:27] the city council consider for adoption, [1:57:31] and then staff does believe that [1:57:33] each scenario complies with all of the [1:57:37] requirements. [1:57:38] >> so with the [1:57:39] council looking over our shoulder, [1:57:40] if [1:57:43] we were to recommend a [1:57:45] certain scenario they still could [1:57:46] reject [1:57:49] the recommendation and go with another [1:57:52] scenario? [1:57:53] >> correct. [1:57:55] >> so it is more [1:57:58] basically our preference [1:58:01] of how we want [1:58:03] to recommend the allocation? [1:58:04] >> yes. [1:58:05] >> I guess [1:58:06] that I understand it as well as I am going to. [1:58:07] >> thank you. [1:58:16] >> one of the [1:58:18] public commenters raised the first [1:58:19] question on my list. [1:58:22] why did we only consider multiuse [1:58:25] overlay zones for the export [1:58:27] use and not multi family? [1:58:28] >> you can [1:58:29] see it on [1:58:30] the maps. There are a large number [1:58:31] of [1:58:34] parcels in the quarter mile [1:58:36] radius around bus stations that are not any [1:58:37] color. They are the [1:58:40] white parcels. Those are existing multi [1:58:42] family unit parcels that are subject [1:58:43] to the [1:58:45] city's rent stabilization ordinance. [1:58:49] sb79 [1:58:52] specifically exempts [1:58:55] those from any up [1:58:58] zoning. [1:59:01] >> it [1:59:03] wasn't just they are exempted from [1:59:04] the effects [1:59:07] of sb79. They are exempted [1:59:09] from our ability to export and up [1:59:10] zone as a result of [1:59:13] the alternative plan? [1:59:14] >> both. [1:59:16] >> okay. >> however, there are [1:59:19] some --here. Only ones would [1:59:22] be the condos. [1:59:25] >> yes. The only multi family shown [1:59:28] on the base map [1:59:31] in orange are the condos. [1:59:32] >> that [1:59:33] answers [1:59:34] the questions. I understood sb79 did [1:59:37] not apply but I did not know [1:59:39] it they were exempted to use them [1:59:40] as [1:59:43] the receivers of some of the [1:59:46] density. [1:59:48] I was at the study question when it [1:59:49] was [1:59:52] discussed. I heard the city council's [1:59:55] recommendation. I am still going to [1:59:58] ask the question what [2:00:01] is the goal of [2:00:04] providing an alternative plan? [2:00:07] >> the alternative plan allows [2:00:10] the city to [2:00:13] exert a small level of control over [2:00:14] where [2:00:16] the density is going. Mr. [2:00:19] forbes mentioned it, the state [2:00:22] already determined the areas around [2:00:23] the [2:00:25] transit station will be up zoned allowing [2:00:26] us [2:00:27] toto redistribute some portion of [2:00:28] the units to sites that we would [2:00:31] like to allocate. There [2:00:34] are those limitations in [2:00:36] the statute about how much to reduce [2:00:37] the density. As [2:00:40] the city council agreed upon, staff's [2:00:41] recommendation [2:00:43] is to reduce the density of single [2:00:44] family [2:00:46] sites affected by sb79 to help preserve [2:00:48] the character of the single family [2:00:49] neighborhoods. [2:00:50] >> that is [2:00:51] the sentence I want to focus on for [2:00:52] a moment. To [2:00:55] preserve the character of the [2:00:58] neighborhoods. [2:01:01] those neighborhoods, a [2:01:04] typical residential [2:01:07] lot, depending on [2:01:10] the size could now have [2:01:13] 75-foot building and let's [2:01:16] just pick a random say 20 [2:01:19] units, you know. If it is [2:01:22] 7,000-foot lot. Just say that it is [2:01:26] 20 units. Someone living in [2:01:27] a single family zone could have right [2:01:29] next to them a [2:01:30] 75-foot building with a bar on the first floor. [2:01:35] with 20 units. [2:01:38] the net effect [2:01:41] of the alternative is that the [2:01:42] same house would have next to them [2:01:44] a [2:01:47] 75-foot building with a [2:01:50] bar on the first floor with nine [2:01:53] units. That is [2:01:54] the benefit we are talking about. [2:01:56] >> yes. It is reducing [2:01:58] the density as much as possible. [2:01:59] >> [2:02:00] the height will be [2:02:02] 75, 73. The height [2:02:04] will be 70 something feet. The density [2:02:05] still will [2:02:08] be 60 units per acre. [2:02:11] on a lot say around 7,000-foot [2:02:14] lot would be about ten units. [2:02:16] there could be commercial on the first floor. [2:02:23] I [2:02:26] guess [2:02:29] that I am surprised there [2:02:30] are not more residents that did not [2:02:32] speak. I am curious [2:02:34] what had the typical resident would [2:02:35] feel the value is [2:02:36] if they are already going to have [2:02:38] a [2:02:41] 70-foot building [2:02:44] next to them. [2:02:47] how much [2:02:49] value is it that the vehicle has 10 [2:02:53] units instead of 20 units. [2:02:56] that is the crux of the [2:02:57] alternative plans. The assumption [2:02:59] that it creates [2:03:01] enough value in terms of the character [2:03:02] of the [2:03:03] residential neighborhood that will [2:03:05] still have 75- [2:03:08] foot buildings. [2:03:10] still could have commercial and retail [2:03:11] on the [2:03:14] first floor in the middle [2:03:15] of rodeo drive or anything like that. [2:03:20] the only difference is [2:03:23] that instead of the [2:03:26] same physical building having [2:03:29] 20 units it might have ten. You [2:03:32] know. I am [2:03:35] having a little [2:03:38] trouble ascribing a [2:03:40] lot of value to how that is really [2:03:41] going to [2:03:42] improve the character of the neighborhood [2:03:44] when all of the [2:03:46] buildings are built to seven stories [2:03:47] and have [2:03:50] less density. [2:03:56] I know that is [2:03:59] not a question. [2:04:02] but I guess thethe is [2:04:05] that is really what we are talking [2:04:08] about. The only change we are allowed [2:04:09] to [2:04:11] make is reducing [2:04:14] the density [2:04:17] from 120 units perper [2:04:19] to 60 and no other provisions, height, [2:04:22] use, anything like that changed. Correct? [2:04:23] there [2:04:25] are no other changes happening in [2:04:26] the export [2:04:29] areas? [2:04:30] >> one change. >> 3. 5 [2:04:32] to 2.5. [2:04:33] >> a slight [2:04:34] reduction, yes. [2:04:35] >> but the height [2:04:36] can still [2:04:38] be --with the density and the [2:04:41] f.a.r. , there might be fewer bigger [2:04:44] units but the same [2:04:47] physical massing [2:04:49] and same potential for retail on the [2:04:50] first floor? [2:04:58] if we ever go over 35,000 in population [2:04:59] will there be an opportunity [2:05:02] to provide a new alternative plan [2:05:03] since [2:05:05] it now affects a half mile instead [2:05:06] of a [2:05:07] quarter mile? [2:05:08] >> I would defer the [2:05:09] question [2:05:11] to the city [2:05:14] attorney. [2:05:23] I don't [2:05:26] know. I [2:05:29] know there is [2:05:31] expectation there will be clean up [2:05:32] legislation on this. [2:05:34] at this point right now it does not [2:05:35] apply to the [2:05:38] city of beverley [2:05:39] hills beyond a quarter mile. [2:05:40] >> we [2:05:41] are currently at 33,000? [2:05:44] >> 32,000. >> 32,000. [2:05:46] we are potentially providing an alternative [2:05:47] plan that [2:05:50] will be in place for a long time, [2:05:53] based on an assumption that all of [2:05:54] the [2:05:56] export sites are focused on a quarter [2:05:57] mile [2:05:59] radius, and all of the impacts of [2:06:02] sb79 are in a quarter mile radius. [2:06:05] five years from now [2:06:08] we go over 35,000 all of a [2:06:10] sudden a whole bunch, like on this [2:06:11] map, all [2:06:13] of those things in yellow now are -- [2:06:14] excuse me, [2:06:17] yes. In yellow. The yellow dots. [2:06:20] they are now suddenly up zoned to [2:06:21] 120 [2:06:22] units per acre because we crossed the threshold to 35,000. [2:06:29] no opportunity to [2:06:32] now revisit that and now we will have a [2:06:35] situation where we have 60 units [2:06:38] per acre in a quarter mile radius [2:06:39] and [2:06:41] back to 120 and no opportunity then [2:06:42] potentially [2:06:44] to sort of re [2:06:47] configure? [2:06:50] >> potentially. The quarter to the [2:06:53] half mile [2:06:56] radius I [2:06:59] think it is a 100 [2:07:02] per dwelling acre [2:07:05] density. [2:07:11] that would be [2:07:14] in the quarter [2:07:17] mile radius. [2:07:20] that creates an [2:07:23] odd situation, as all [2:07:26] of this does. [2:07:41] >> can I [2:07:44] ask a question? [2:07:45] >> please. [2:07:47] I think I am done with my [2:07:50] questions. [2:07:53] I have a question that I want to [2:07:56] incorporate the word export and [2:07:59] default. [2:08:09] what is the [2:08:11] sb79 default as it relates to the [2:08:15] quarter mile? Does it means the [2:08:16] up zoning will be limited to within [2:08:18] a quarter mile of [2:08:20] the transit stops? [2:08:21] >> yes. >> that [2:08:22] is the default? [2:08:24] >> yes. >> how is that different [2:08:26] from scenario 2? [2:08:27] >> it is really just [2:08:28] the densities that change. In this [2:08:30] map it shows [2:08:33] the base default sb79 [2:08:35] density. In that smallest radius, [2:08:36] the [2:08:39] 200-foot radius [2:08:42] it is a 160 dwelling unit [2:08:44] per acre density. In the quarter mile [2:08:48] it is 120. [2:08:51] >> sb79? >> yes. That is the [2:08:54] baseline. [2:08:55] >> that is default? >> [2:08:56] the biggest difference between the [2:08:57] base and [2:09:00] the alternatives is the reducing [2:09:03] of density in [2:09:06] the residential [2:09:09] area in [2:09:12] t he quarter miles. You [2:09:15] are taking from one. [2:09:17] you are taking density from here and [2:09:18] putting [2:09:20] it there. Overall density is the same. [2:09:21] you [2:09:24] are reconfiguring where you [2:09:27] are putting the [2:09:30] density. It is the reduction of density [2:09:32] in the single family neighborhoods within [2:09:36] a quarter [2:09:39] mile. [2:09:48] >> I think that [2:09:51] is the question. [2:09:53] what is the difference between the [2:09:57] sb79 default and [2:10:00] scenario 2. [2:10:05] limiting density to a quarter mile [2:10:06] from the transitd. [2:10:09] >> [2:10:12] yes. You [2:10:15] are going to see area b are [2:10:18] the single family export [2:10:21] sites. [2:10:42] you [2:10:45] can the [2:10:47] teal sites are the single family export [2:10:48] sites. [2:10:51] they have been reduced 120 [2:10:54] dwelling units per acre to [2:10:57] 60. That density, we have moved to [2:11:00] the pink sites, which are the [2:11:03] mixed use sites. Those [2:11:06] densities now range from [2:11:09] 165 to 320 dwelling units [2:11:12] per acre. [2:11:15] >> okay. [2:11:24] green is non-residential. [2:11:25] >> [2:11:27] sb79 does apply to commercial [2:11:30] as well. [2:11:36] if I am talking to someone [2:11:39] tonight about [2:11:42] export. Give us [2:11:45] a lesson in the [2:11:48] role of export. [2:11:51] those are all [2:11:53] of the sites that would have been [2:11:57] up zoned. [2:12:00] we [2:12:03] are removing up [2:12:06] to 50% from those [2:12:09] export sites. [2:12:21] increasing the [2:12:24] density relieving [2:12:27] the density [2:12:30] from some [2:12:33] residential and export [2:12:36] to areas [2:12:39] where the density will be [2:12:45] increased. [2:12:51] I was just trying to [2:12:52] understand your back and forth with [2:12:54] her a little bit. I think that [2:12:57] helps me a lot. [2:12:58] >> basically, my [2:13:00] house, currently zoned for [2:13:03] single family residential under [2:13:06] default [2:13:09] 79 [2:13:12] would be up zoned to 120 [2:13:15] units per acre. Under [2:13:18] these they would be 60. But the density [2:13:19] will [2:13:21] be placed on the mixed use [2:13:24] overlay zones in those areas. My back [2:13:25] and [2:13:27] forth had to do with wondering what [2:13:30] the true value was of the difference between [2:13:33] 60 units per acre and [2:13:36] 120 units per [2:13:39] acre. [2:13:51] >> I [2:13:54] think it is around 5,000 [2:13:57] to 7,000. [2:14:03] >> what does that mean in [2:14:06] terms of acreage? [2:14:18] tenth of an [2:14:21] acre. [2:14:27] a little more [2:14:30] than 10%. [2:14:31] >> I [2:14:33] will give you an [2:14:36] example. My lot is 6 thundershower [2:14:39] 500 square feet. [2:14:42] that is. [2:14:45] 15 acres. [2:14:48] under 20 [2:14:51] more than 20. [2:14:58] when [2:14:59] they talk about how many units per [2:15:01] acre? [2:15:02] >> [2:15:04] it ranges. [2:15:19] so, on a parcel [2:15:22] like we are [2:15:24] discussing you can have 12 units. [2:15:25] >> yes. [2:15:28] I think [2:15:31] so. [2:15:40] that is . [2:15:43] 15 acres. Where is [2:15:46] it. Okay. [2:15:48] the alternative plan is nine. The [2:15:49] other [2:15:52] would be 18. [2:15:53] >> yeah. I think [2:15:54] most single family properties that [2:15:55] would be affected it [2:15:57] would be 20 dwelling units under the [2:16:00] default density. Under the alternative [2:16:01] plans it would [2:16:04] be reduced proportionally. [2:16:10] >> again, under [2:16:13] sb79 the default is limited to a [2:16:16] quarter mile from the transit [2:16:19] stop. [2:16:20] >> yes. What ramifications [2:16:22] are there for a quarter mile [2:16:25] to a half mile under sb79? [2:16:28] >> the default densities [2:16:31] do not apply from the quarter to [2:16:33] the half mile. We confirmed we would [2:16:34] be able [2:16:36] to utilize the half mile radius for [2:16:39] the alternative plan redistribution. [2:16:43] the only scenario contemplates [2:16:45] moving into that area is scenario [2:16:48] one. We concentrated that along the [2:16:49] mixed use [2:16:52] sites. You are going to see [2:16:55] some along [2:16:58] wilshire, the station and some [2:17:01] units along [2:17:04] robot son. [2:17:10] >> is that what I am [2:17:13] looking at? [2:17:16] >> yes. [2:17:24] I am ready to take a break. [2:17:25] >> any [2:17:26] questions? [2:17:28] >> I have [2:17:31] just two. [2:17:34] >> under the [2:17:37] --we have been [2:17:40] addressing the 120 dwelling [2:17:43] units vs. [2:17:46] 60 it says [2:17:49] they can go up to 160 [2:17:52] dwelling units. [2:17:55] that increases [2:17:58] the [2:18:01] allocation. [2:18:04] 95 feet instead of the [2:18:07] 75 feet. [2:18:16] it says [2:18:19] we can delay [2:18:22] the implementation. [2:18:25] can you explain [2:18:28] how [2:18:31] that impacts us. [2:18:37] the state [2:18:39] law says for the zone we would have [2:18:40] to show [2:18:43] that 33% of the [2:18:46] parcels have at least 50% of the [2:18:49] density allowed under sb79. [2:18:52] the density [2:18:55] is 120 dwelling units per [2:18:58] acre. The mixed use sites meet the [2:18:59] threshold. [2:19:01] they have a density of 79. [2:19:04] 2 dwelling units per acre. However, [2:19:06] it does not meet the threshold of [2:19:07] 33% [2:19:10] of the parcels. You are going to see [2:19:13] the [2:19:16] calculations here. [2:19:19] it does [2:19:22] not qualify. [2:19:25] there are 299 [2:19:28] parcels total. [2:19:34] we would have to show [2:19:37] the densities [2:19:40] of all sites are [2:19:43] allowing that. We [2:19:46] do not believe it [2:19:49] could meet. The [2:19:51] law allows us to delay for individual [2:19:52] sites [2:19:55] that are affected by [2:19:58] sb79 if they meet [2:20:01] 50% of the [2:20:03] density. Those would be the mixed [2:20:04] use [2:20:07] sites. [2:20:10] the alternative plans [2:20:13] wants more [2:20:16] density. [2:20:22] >> thank you [2:20:25] for clarifying [2:20:28] I'm done. [2:20:31] >> thank you. Any other [2:20:34] questions? [2:20:37] okay. [2:20:43] okay. With that I will close the [2:20:46] public hearing and move on to deliberates. [2:20:49] commissioner ross. Would [2:20:52] you like to share your thoughts and [2:20:53] deliberations? [2:20:55] >> [2:20:58] gladly. [2:21:01] I would be in favor of the [2:21:03] default provision or scenario three [2:21:04] and the third would [2:21:07] be scenario two. [2:21:10] probably scenario [2:21:13] three. In order [2:21:15] to activate the portion of the city [2:21:16] which is in [2:21:19] need of activation. I think that it [2:21:21] is consistent with the neighborhood. [2:21:22] you [2:21:25] know, it is a complement [2:21:28] of residential [2:21:31] and [2:21:34] commercial there. [2:21:37] it can handle it more than what I am [2:21:38] going to talk [2:21:40] about next in [2:21:43] terms of [2:21:46] access to the freeways. [2:21:48] I think the western part of the city [2:21:50] with all of [2:21:52] the projects we approved and that [2:21:53] I voted [2:21:56] in favor of. [2:22:02] the friars club [2:22:05] project. I think if we are going [2:22:08] to increase the [2:22:14] density I [2:22:17] would then vote for [2:22:20] scenario 3. [2:22:29] mindful trying [2:22:32] to minimize the impact [2:22:35] on single family residential. [2:22:41] I believe scenario [2:22:42] 3 is the most appropriate and that [2:22:44] is what I [2:22:47] would vote for. [2:22:56] so, I am [2:22:59] really challenged here. [2:23:02] I will be completely [2:23:05] transparent. My [2:23:08] personal interests [2:23:11] are completely opposed to what [2:23:14] the council direction would [2:23:17] be. [2:23:20] it isis difficult. [2:23:21] >> [2:23:22] I wasn't -- [2:23:23] >> to go ahead with one of [2:23:24] the [2:23:26] alternative plans. [2:23:28] >> they didn't indicate which they [2:23:29] would [2:23:31] prefer. [2:23:32] >> I am just saying the idea [2:23:35] of doing the export and [2:23:38] alternative plan. [2:23:40] it is not consistent with what is [2:23:41] best for [2:23:44] me personally. [2:23:47] but, since my role is as a commissioner, I [2:23:50] am going to try to put it [2:23:52] aside and take the council's direction [2:23:53] to [2:23:55] heart. I am going to assume that, [2:23:56] okay, [2:23:58] we are going to go forward with one [2:24:05] I [2:24:08] would support the tent pole [2:24:11] one, number two. [2:24:17] my reasons [2:24:29] as someone [2:24:31] that has lived in the southeast, when we [2:24:32] talk about activating the southeast a lot [2:24:34] is talkingtalking about south robinson [2:24:38] olympic [2:24:41] boulevard. This is really not [2:24:44] going to do anything to activate [2:24:47] the areas. [2:24:53] we are trying [2:24:56] to get more restaurants and [2:24:59] shops. [2:25:05] looking more like south [2:25:08] beverley drive. [2:25:14] the shopping is there [2:25:17] was taken over by a [2:25:20] personal injury lawyer. [2:25:23] I don't believe [2:25:26] putting all f [2:25:29] of [2:25:32] the density there is [2:25:35] going to do anything to benefit [2:25:38] the area. [2:25:44] I don't think it [2:25:47] will [2:25:50] satisfy those issues. When you look [2:25:53] at just planning [2:25:56] in general, step back. [2:25:59] one of the things that [2:26:02] you try to do, you are not going [2:26:04] to eliminate traffic. We are never [2:26:05] going to eliminate [2:26:08] traffic. The way that you help it [2:26:09] or [2:26:10] reduce the increase in traffic that [2:26:11] would come from all of [2:26:14] the development is that you try to [2:26:15] limit [2:26:17] the number of trips. [2:26:20] some someone does eight trips a week. [2:26:23] that helps. You try to put density [2:26:24] where [2:26:25] people live next to where people shop [2:26:26] and eat and try [2:26:29] to reduce the number of trips. We [2:26:30] already [2:26:32] have in the area around the rodeo stop [2:26:33] a [2:26:35] lot of [2:26:38] restaurants, retail [2:26:44] markets. If I said I [2:26:46] would have to drop density in the [2:26:47] city, what would be the [2:26:50] best thing to [2:26:53] do. [2:26:56] let's put some of it [2:26:59] over here. [2:27:02] you have [2:27:05] shops, [2:27:08] markets, [2:27:17] you will also have [2:27:20] that opportunity. I would treat [2:27:23] them evenly. [2:27:29] in order to maximize [2:27:32] the units [2:27:35] next to commercial, retail and [2:27:38] those. [2:27:41] I know I am in [2:27:44] the minority but [2:27:47] before asking for a [2:27:50] motion, I [2:27:53] will [2:27:59] see if I [2:28:02] had any effect. [2:28:03] >> I think the [2:28:04] area is already so impacted with what [2:28:05] you described. [2:28:08] I think it will activate the [2:28:11] southeast part. [2:28:17] if you build [2:28:20] it, increased concentration in that [2:28:21] area [2:28:23] the restaurants [2:28:26] and the bakeries and the [2:28:29] shopping will follow. [2:28:30] >> mr. [2:28:32] chair, I always appreciate your [2:28:35] comments, [2:28:38] insights. I have learned so much [2:28:41] from you. [2:28:44] however you have not changed my opinion [2:28:46] on that matter. [2:28:47] >> with that I will [2:28:48] accept a [2:28:50] motion. [2:28:51] >> chair wolfe, if I might, [2:28:54] inform the commission of a [2:28:55] further wrinkle. That is under the [2:28:57] government code with respect [2:28:59] to planning and zoning and general [2:29:00] plan [2:29:02] amendments, the planning commission [2:29:04] in order to forward a recommendation [2:29:09] to the [2:29:12] council [2:29:15] requires a majority of [2:29:18] the full body. Two [2:29:21] votes for any [2:29:24] particular [2:29:27] amendment would not [2:29:30] be sufficient. [2:29:33] to the extent that [2:29:35] there are only two votes for one of [2:29:36] the [2:29:39] alternatives. [2:29:42] another option is that [2:29:45] the commission discuss the [2:29:48] various [2:29:51] alternatives. [2:29:54] does support the [2:29:57] council proceeding to [2:30:00] adopt an [2:30:03] alternative plan. [2:30:19] that would be allowed to move forward. [2:30:21] >> okay. What [2:30:24] does that require? [2:30:27] >> if there [2:30:29] is interest in that maybe we can take [2:30:30] a [2:30:32] couple of minutes to quickly work [2:30:33] on [2:30:34] modifications to the resolution and [2:30:36] come back to you. [2:30:37] >> we [2:30:39] need to take a brief recess in order [2:30:41] to work on that? [2:30:42] >> if there is interest [2:30:43] in [2:30:44] the commission. [2:30:45] >> certainly sounds [2:30:46] that way. [2:30:48] >> sounds like [2:30:51] our only option. Would [2:30:54] it reflect that 2 of the [2:30:56] 3 commissioners had a preference and [2:30:57] one had [2:30:58] another preference? [2:30:59] >> certainly could [2:31:00] do that. [2:31:01] >> okay. [2:31:03] >> thank you. >> like [2:31:06] an advisory. [2:31:09] in any way it [2:31:12] is a recommendation. [2:31:14] because we couldn't get to three it [2:31:15] is [2:31:18] two to one. [2:31:33] the council would [2:31:36] be informed. [2:31:39] you know, we can [2:31:42] memorialize that. But ultimately the [2:31:43] recommendation is [2:31:45] not for any of [2:31:48] particulars. [2:31:51] >> they would benefit [2:31:54] from knowing that. [2:31:57] I [2:32:00] would hope they would be [2:32:03] informed about that. [2:32:04] >> I [2:32:06] think that we can write it into the [2:32:09] resolution. [2:32:12] >> yes. [2:32:21] because of the [2:32:24] numbers we can make [2:32:27] no recommendations. [2:32:28] >> we need [2:32:30] to take a brief recess for you [2:32:32] to work on that? [2:32:33] >> yes. >> okay. [2:32:34] we are in recess. [2:32:49] >>> the meeting and [2:32:52] the discussion of the zone change, [2:32:53] recommendation. We have been supplied [2:32:55] an updated [2:32:57] resolution reflecting the discussion [2:32:58] we had before [2:33:01] taking the break. [2:33:04] at this time we [2:33:06] will take a few minutes and allow [2:33:09] the commissioners to briefly read [2:33:10] the resolution or [2:33:13] do you want to walk us through [2:33:14] the major changes here in the red [2:33:16] lines? [2:33:17] >> might be best for [2:33:19] staff to run through the revisions, [2:33:21] take a look and go from there. [2:33:22] >> [2:33:23] the [2:33:25] first changes that were made are [2:33:28] to section one, page two of [2:33:31] the resolution. [2:33:34] we moved up one of the sentences from [2:33:37] the bottom to [2:33:40] the top. [2:33:46] we [2:33:49] have added a. 2 [2:33:52] and. 3, the three different maps for [2:33:55] the different [2:33:58] scenarios. [2:34:01] it is scenario [2:34:04] one, two, [2:34:07] three in those exhibits. [2:34:10] the following page, [2:34:13] page four, [2:34:16] the [2:34:19] changes memorialized only only [2:34:21] commissioner supported 3 and one supported 2. [2:34:22] the planning [2:34:23] commission's recommendation is not [2:34:25] for a specific [2:34:26] scenario, but they are recommending [2:34:31] the [2:34:32] adoption of an alternative plan and [2:34:34] associated amendments to the planned [2:34:37] land use [2:34:40] map and [2:34:49] recommending the council [2:34:52] adopt an [2:34:55] ordinance to reflect [2:34:58] the alternative plan [2:35:01] scenario. [2:35:07] one more change to [2:35:10] section 5. [2:35:12] updated to the different exhibits [2:35:13] that [2:35:15] are attached and the different amendments [2:35:19] being recommended. [2:35:28] >> is that because the [2:35:30] maps were not available? [2:35:31] >> we were [2:35:32] originally [2:35:33] anticipating if the commission selected [2:35:37] one scenario we would have [2:35:40] used that one. [2:35:43] >> you are already anticipating [2:35:46] updating one. [2:36:49] any questions from [2:36:52] the commissioners on the updated resolution? [2:36:53] have [2:36:55] you all had a chance to look at it? [2:36:56] are you [2:36:57] comfortable with the way that it is [2:36:58] currently written? [2:36:59] >> [2:37:01] yes, I am [2:37:10] . [2:37:11] >> I am as well. [2:37:13] >> with that [2:37:16] we move it [2:37:18] to a motion. Okay. I will accept a [2:37:19] motion. [2:37:22] >> a motion [2:37:24] for a resolution of the planning commission [2:37:25] of the [2:37:28] city of beverley hills recommending [2:37:29] the [2:37:31] city adopt a general plan amendment [2:37:32] and zone [2:37:34] change to amend the land use map and [2:37:36] zoning map and a draft ordinance of [2:37:37] the city [2:37:40] of beverley hills amending several [2:37:41] sections of [2:37:43] the beverley hills [2:37:46] municipal code [2:37:49] for anan alternative plan, [2:37:52] 65912. 61 and [2:37:54] making a determination of exemption [2:37:55] under the [2:37:58] california environmental [2:38:01] quality act. Amended or as [2:38:04] set forth in [2:38:07] the document? [2:38:26] >> [2:38:28] one more change that we caught. [2:38:29] >> it [2:38:30] would be a [2:38:31] general plan amendment and zone change [2:38:32] to amend the land [2:38:35] use and [2:38:38] zoning map, and general plan [2:38:41] amendment to update or [2:38:44] amend the land [2:38:47] use. [2:38:48] >> we would say [2:38:50] it currently [2:38:51] says resolution recommending the city [2:38:53] adopt a [2:38:55] plan amendment to amend the land use [2:38:59] map and land [2:39:02] use element. And [2:39:05] zoning map. [2:39:17] >> another [2:39:19] motion or does he say with the laemt that [2:39:21] you provided. [2:39:22] >> that's fine. >> as [2:39:23] amended. [2:39:24] >> I will second the motion. [2:39:26] >> in that [2:39:28] case, I think karen, it would be appropriate for you [2:39:29] to call for a vote. [2:39:32] >> commissioner ross. [2:39:35] >> yes. >> vice chairman [2:39:37] milkowski. [2:39:38] >> yes. >> chair wolfe. [2:39:39] >> yes. [2:39:44] no city attorney [2:39:45] statement on this one. [2:39:46] >> legislative [2:39:47] and it will go to [2:39:49] the city council. [2:39:50] >> I would invite [2:39:51] the [2:39:52] recused commissioner back in the room [2:39:53] but I have [2:39:55] a feeling they are not in the vicinity. [2:39:56] I will [2:39:59] not do that. [2:40:02] we move on [2:40:04] to communications from the commission. [2:40:05] any communications [2:40:06] from the commission? [2:40:07] >> none from [2:40:08] me. [2:40:09] >> yes, I [2:40:11] would just like [2:40:14] to wish everybody a happy [2:40:15] holiday, whatever they may celebrate. [2:40:17] I want to thank [2:40:19] my fellow commissioners for making [2:40:20] me a [2:40:21] better commissioner and send love [2:40:23] to my wife gloria. [2:40:25] >> thank you. >> let me add to that [2:40:26] also in [2:40:27] the spirit of the holidays. Thank [2:40:29] you to the staff for [2:40:32] the lovely and delicious and [2:40:34] thoughtful gift, appreciate it very [2:40:35] much. I guarantee [2:40:38] you they will be enjoyed. [2:40:39] >> I would [2:40:40] like [2:40:41] to echo my [2:40:44] fellow commissioners comment [2:40:46] s thanking my fellow commissioners [2:40:47] and staff for [2:40:49] the work we did this year. It was [2:40:50] a challenging one. [2:40:53] we got through it. We were [2:40:56] able to support [2:40:59] us extremely well, particularly [2:41:02] on the item [2:41:05] today which is very [2:41:08] complicated. [2:41:11] the [2:41:13] beverley hills wellness network. Information can [2:41:14] be found on the [2:41:17] website, but in a nutshell [2:41:20] the beverley hills [2:41:21] wellness network allows residents [2:41:23] to pay an [2:41:25] annual $90 fee in order to cover any [2:41:26] costs that are [2:41:28] not covered by the medical insurance [2:41:29] in [2:41:31] conjunction with any medical services [2:41:32] provided [2:41:33] by calling 9-1-1 emergency services. [2:41:35] if you [2:41:37] call 9-1-1 and an ambulance, fire [2:41:38] department [2:41:40] comes out, any medical services that [2:41:41] are provided [2:41:43] including transport to the hospital [2:41:44] and what [2:41:46] not. Anything that is not covered [2:41:47] by [2:41:48] your insurance will be covered by [2:41:50] the city [2:41:53] if you join [2:41:54] this program and the cost again is [2:41:56] $90 a year. [2:41:59] I was also asked to [2:42:02] highlight [2:42:05] the water tracker that is also available [2:42:08] to all [2:42:11] residents in [2:42:13] order to have more information available to [2:42:14] the [2:42:17] water use in your home. [2:42:20] you can find the [2:42:23] information on the website as well. [2:42:26] any other commissioner questions? [2:42:29] >> how do people sign up for the health [2:42:30] program? [2:42:31] >> there is a link on the website. [2:42:32] if you go [2:42:35] to beverleyhills. Org, on the front [2:42:38] page of the beverleyhills. Org [2:42:41] website, and [2:42:44] if you scroll down --I thought it [2:42:47] was there. [2:42:48] >> it is there. >> there [2:42:50] it is. Under latest news there [2:42:53] is an icon for [2:42:56] beverley [2:42:58] hill welness network. [2:42:59] >> thank you [2:43:00] for pointing that [2:43:02] out. I probably was supposed to say [2:43:05] that. With that we will move on to anyany [2:43:07] city planner updates? Do we have a [2:43:08] city planner? [2:43:11] >> this will be [2:43:14] my last official [2:43:17] comments as the acting planner. I [2:43:18] am happy to [2:43:19] announce that cindy gordon has been [2:43:20] appointed [2:43:23] as the next assistant [2:43:26] director of community [2:43:28] development/city planner and assumes [2:43:29] her new duties on [2:43:32] monday and will be taking over city [2:43:33] planner [2:43:35] comments from now on. [2:43:38] >> congratulations. [2:43:41] >> I wanted to introduce or [2:43:44] reintroduce. I think andres [2:43:47] was introduced to the [2:43:50] commission but this is his first item [2:43:51] under [2:43:52] the commission. I wanted to point [2:43:53] out that he is [2:43:56] the brains behind all of the [2:43:59] sb79. [2:44:08] he was leading the charge on that. [2:44:09] he [2:44:10] did excellent work on the project. [2:44:11] I am sure you will [2:44:14] be seeing much more of him [2:44:17] going forward. [2:44:20] this will [2:44:22] be the commission's final meeting [2:44:23] of 2025. I [2:44:26] wanted to echo what the chair said. [2:44:27] it was [2:44:29] a very difficult year for the commission with [2:44:30] the [2:44:32] builders remedy projects and sb79. [2:44:33] I [2:44:35] think that we had six meetings in [2:44:36] the month [2:44:38] of october. I wasn't at all of them, [2:44:41] but you did. [2:44:45] I wanted [2:44:46] to thank the commission for the work [2:44:48] you did andand [2:44:49] understanding and patience with staff [2:44:50] as we worked through the process with [2:44:51] you. [2:44:53] thank you very much for all of your [2:44:54] efforts this year. [2:44:56] hopefully we will try to make 2026 [2:44:59] easier on you. I wanted to wish you [2:45:00] all [2:45:01] happy holidays, new year and see you [2:45:03] in the new year. [2:45:06] >> thank you. [2:45:09] any questions on the current [2:45:12] development projects list? [2:45:14] seeing none. Any questions or comments [2:45:18] on the [2:45:21] 2026 meeting schedule? [2:45:24] any other business? [2:45:27] we are officially adjourned.