Planning Commission Report

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City of Beverly Hills Planning Division

455 N. Rexford Drive Beverly Hills, CA 90210 TEL. (310) 285-1141 FAX. (310) 858-5966

Planning Commission Report

Attachment(s):

A. Required Findings

B. Draft Zone Text Amendment Resolution C. Draft Rooftop Dining Permit Resolution D. Draft Ordinance (Redline Version)

E. Staff Report – 6-23 PC Meeting (without attachments) F. Public Notice

G. Parking Demand Study H. Public Comment I. Relevant Code Sections

J. Architectural Plans (under separate cover)

Report Author and Contact Information:

Chloe Chen, Associate Planner (310) 285-1194 [email protected]

Meeting Date: July 8, 2021

Subject: 257 NORTH CAÑON DRIVE

Zone Text Amendment and Rooftop Dining Permit Request (PL2000375)

Request for a Zone Text Amendment to allow code changes that would permit rooftop restaurant and open air dining uses on the rooftop of the building located at 257 North Cañon Drive, and certain other properties in the Business Triangle. The request also includes the creation of a rooftop dining approval process. Pursuant to the provisions set forth in the California Environmental Quality Act (CEQA), the Planning Commission will also consider finding the project exempt from further review under CEQA.

Continued from June 23, 2021 Planning Commission meeting

Project Applicant: Canon Luxury Buildings, LLC Representative: Steven Bohbot

Recommendation: Staff recommends that the Planning Commission conduct a public hearing, and discuss the proposed rooftop dining regulations, as amended per the ad hoc committee’s direction. Staff recommends that the Commission adopt resolutions that 1) recommend approval of the ZTA to the City Council and 2) approve the requested Rooftop Dining Permit, contingent upon the City Council’s approval of the ZTA.

REPORT SUMMARY

The applicant, Canon Luxury Buildings, LLC, requests a Zone Text Amendment (ZTA) to amend the Beverly Hills Municipal Code (BHMC) to allow rooftop restaurant and open air dining uses on the rooftop of the existing multi-tenant commercial building located at 257 North Cañon Drive (the project site). The proposed ZTA would also create an approval process for an entitlement to allow rooftop dining uses in the Business Triangle, called a “Rooftop Dining Permit”. Thus, the request for a Rooftop Dining Permit approval is contingent upon the approval of the proposed ZTA regulations.

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Planning Commission Report

257 North Cañon Drive July 8, 2021 Page 2 of 6

The Planning Commission considered the request at its June 23, 2021 meeting, and directed staff to return on a date certain (July 8, 2021) with a resolution recommending that the City Council adopt an ordinance to allow rooftop dining uses approved through a Rooftop Dining Permit, and to approve the requested Rooftop Dining Permit for the proposed restaurant at 257 North Cañon Drive, contingent upon the approval of the ZTA. The Commission also decided to form an ad hoc committee to discuss the proposed rooftop dining regulations and provide their recommendations to staff, which are shown in the draft redline ordinance (Attachment D). This report provides a summary of the Commission’s discussions, and the direction provided by the ad hoc committee regarding the proposed ZTA. Staff recommends adoption of the attached resolutions to recommend approval of the ZTA to the City Council, and approve a Rooftop Dining Permit for 257 North Cañon Drive, contingent upon the City Council’s approval of the ZTA.

Additional background information regarding the project site, setting, neighborhood character, project description, and business operations can be found in the staff report prepared for the June 23, 2021 Planning Commission meeting, included as Attachment E to this report.

REQUIRED ENTITLEMENTS

As proposed, the project requires the following entitlements:

 Zone Text Amendment

A request pursuant to BHMC §10-3-3901 to modify the rooftop uses section (§10-3-3107) of Article 31 of Title 10 (Planning and Zoning), Chapter 3 (Zoning) of the BHMC to allow rooftop restaurant and open air dining uses, and to create procedures for the approval of these uses. The proposed ZTA may also include changes to code sections related to Open Air Dining (Article 35), and the C-3 Commercial Zone (Article 16).

 Rooftop Dining Permit

Pursuant to the requested ZTA, a request to establish procedures to approve a rooftop restaurant and open air dining use. Contingent upon the approval of the ZTA, the project would also require a “Rooftop Dining Permit” to be approved pursuant to the new adopted regulations.

GENERAL PLAN POLICIES¹

General Plan goals and policies applicable to the review of the project can be found in the staff report for the Planning Commission meeting of June 23, 2021, included as Attachment E.

ENVIRONMENTAL ASSESSMENT

The proposed project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.), and the environmental regulations of the City. Upon review, the project appears to qualify for a Class 1 Categorical Exemption (Existing Facilities) and a Class 5 Categorical Exemption

1 Available online at: http://www.beverlyhills.org/business/constructionlanduse/generalplan/generalplandocument/

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(Minor Alterations in Land Use Limitations) in accordance with the requirements of Sections 15301 and 15305 of the State CEQA Guidelines. Accordingly, the Planning Commission will consider a recommendation to find the project categorically exempt from further environmental review under CEQA pursuant to Sections 15301 and 15305 of the Guidelines. The Class 1 exemption is applicable to projects that may include the “operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use”. The Class 5 exemption is applicable to projects consisting of minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density. The project consists of a request to amend zoning code regulations to allow a new rooftop restaurant use in an existing commercial building, which will include minor physical improvements to the rooftop facilities. Therefore, staff recommends that the Planning Commission find the project exempt from further review under CEQA.

PUBLIC OUTREACH AND NOTIFICATION

The project was noticed in compliance with BHMC §10-3-253 and the City’s public noticing guidelines for the Planning Commission meeting on June 23, 2021, in the form of newspaper publication, direct mailing, and on-site posting. The project was continued to a date certain (July 8, 2021) and, therefore, does not require additional notice.

Public Comment

As of the writing of this report, staff received one comment letter from the Beverly Hills Chamber of Commerce in support of the proposed project, included as Attachment H.

PROPOSED ZTA REGULATIONS

The following section summarizes the Planning Commission’s discussion at the June 23, 2021 meeting and the ad hoc committee’s recommendations regarding changes to the proposed ZTA language. A draft redline ordinance is included in Attachment D to demonstrate the amended language.

Planning Commission Comments

At the June 23, 2021 meeting, the Planning Commission reviewed the proposed ZTA language and proposed rooftop restaurant at the project site. The Commission generally supported the proposed rooftop restaurant at the project site, and that the proposed ZTA could help boost the economic vitality of the City’s Business Triangle area. The Commission expressed some concerns regarding the proposed regulations and decided to form an ad hoc committee to review the proposed ZTA language.

Ad Hoc Committee Recommendations

The proposed ZTA would amend the regulations of the rooftop uses section (BHMC §10-3-3107) of Article 31, of Title 10, Chapter 3 of the BHMC in order to allow rooftop restaurant and open air dining uses on the project site, as well as other sites within the Business Triangle. The proposed ZTA would also create a new entitlement called a “Rooftop Dining Permit” (in a new code section, BHMC §10-3-3107.5) to allow rooftop restaurant and open air dining uses in certain areas of the

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city. As outlined in the draft redline ordinance, the ad hoc committee’s recommendations are as follows:

 Remove the requirement for a rooftop restaurant to comply with the 2:1 floor area ratio (FAR) restriction that is otherwise applicable to commercial buildings. This change would allow legally nonconforming buildings that exceed 2:1 FAR to provide rooftop restaurant dining, and would instead apply a consistent floor area standard to all proposed rooftop restaurant uses rather than tying the existing amount of floor area on site to the allowable rooftop floor area. Thus, the draft language also clarifies that any rooftop restaurant floor area shall not be counted towards the otherwise applicable floor area limitation (2:1 FAR) for the site. In addition to the removal of the FAR limitation, staff has amended the height restriction for rooftop structures to be a maximum of 15 feet above the adjacent roof deck, rather than requiring that the height is measured from lesser of the adjacent roof deck or the otherwise applicable height limit. Similar to the FAR limitation, the height standard as previously drafted would not have allowed buildings with legally nonconforming height to add rooftop restaurant structures. Thus, staff recommends that this change also be incorporated into the draft ordinance.

 Require that any enclosed or unenclosed rooftop restaurant structures (such as an indoor dining area or shade structures) be permanently affixed to the rooftop to prevent safety issues.

 Require that the landscape buffer provided along all street-facing edges is permanently affixed to the rooftop edges, at least forty-two inches (42”) in height, and is comprised of living and/or nonliving plant materials. The committee added these requirements to ensure that adequate visual buffers are provided for rooftop dining uses, while allowing flexibility for the type of landscaping provided and the potential physical limitations of a rooftop. Since living landscaping (i.e., planters) can add substantial weight from the soil and water required, this could potentially require changes to the rooftop for structural reinforcement and proper drainage. The committee wanted to ensure that this requirement does not act as a barrier to entry for buildings unable to support living landscaping.

 Restrict any live background music on the rooftops to live performances by no more than two performers, which may not include dancing, singing, or spoken word. In addition, the performers would not be permitted to use a raised platform or stage, or special lighting to draw attention to the performers. The committee based these limitations on the existing regulations pertaining to entertainment outside the Business Triangle (BHMC §10-3-2703) in order to limit the potential adverse impacts of music provided for a rooftop dining use.

 Require that a designated waiting area is provided for patrons of the rooftop restaurant.

The committee added this requirement to ensure that adjacent businesses and uses are not potentially impacted by the operations of rooftop dining uses.

 Create a pilot program that requires the first two Rooftop Dining Permits submitted to the City (after the current request) be forwarded by the Director to the Planning Commission for review. However, the committee did not wish to unfairly penalize or deter the first two applicants for this type of permit, and thus, stated that these applications should not be required to pay increased fees for Commission review. Additionally, to ensure that these

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applicants do not incur other application fees greater than those they would otherwise incur for a Director-level review, staff recommends that the public noticing requirements for these permits are consistent with the Director-level requirements (noticing to a 100- foot plus block face radius). The committee added this program to allow the Planning Commission to review the next two Rooftop Dining Permits and ensure they are consistent with the intent of the ordinance.

The amended draft ZTA language clarifies certain requirements, adds standards and requirements to further limit the potential impacts of rooftop dining uses, and provides Planning Commission oversight of the next two proposed rooftop dining projects. The draft ZTA language provides flexibility to allow a wide variety of properties and buildings to take advantage of the rooftop dining program, and will create a process for the approval of new rooftop dining uses in the city.

PROPOSED ROOFTOP DINING PERMIT

Pursuant to the proposed regulations in the draft ZTA, the applicant has requested the approval of a Rooftop Dining Permit for a new rooftop restaurant with open air dining on the roof of the existing building located at 257 North Cañon Drive. Details on the operations and physical development of the proposed rooftop dining may be found in the staff report for the June 23, 2021 meeting in Attachment E. The proposed rooftop restaurant complies with the proposed regulations in the ZTA, as follows:

 The proposed rooftop dining use is on a property in the C-3 Commercial Zone in the Business Triangle area, and is a bonafide restaurant use with enclosed indoor dining and open air dining areas.

 The proposed indoor restaurant area (converted from a lunchroom) and proposed shade structures do not exceed 15 feet above the adjacent roof deck, are set back from the rooftop edges by a 45-degree angle to the vertical plane of the exterior walls, do not exceed 3,500 square feet, and will be permanently affixed to the rooftop.

 A landscape buffer will be provided along the street-facing rooftop edge that is permanently affixed, at least forty-two inches in height, and is comprised of living or nonliving materials.

 Parking is provided in compliance with the requirements of BHMC §10-3-2730 with 136 parking spaces provided on site and 5 parking spaces provided at 301 North Cañon Drive, which will be available from six o’clock (6:00) P.M. to ten o’clock (10:00) P.M. on weekdays, and during operating hours of the rooftop dining use on the weekends.

 Any background music provided shall comply with the proposed regulations regarding the level of sound and number and type of live performers.

 The rooftop dining area shall only be accessible to the public at times when the restaurant is in operation.

 A rooftop dining waiting area is provided on the northern rooftop area.

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In addition to compliance with the proposed ZTA regulations, the proposed project will be subject to conditions of approval included in the draft resolution to approve the requested Rooftop Dining Permit in Attachment C (contingent upon the approval of the requested ZTA by the City Council).

The proposed rooftop restaurant meets the required findings for a Rooftop Dining Permit, as stated in the draft resolution, and will enhance the local restaurant sector and the particular segment of North Cañon Drive on which it is located.

NEXT STEPS

It is recommended that the Planning Commission conduct the public hearing and discuss the proposed code regulations. Staff recommends that the Commission adopt resolutions that 1) recommend approval of the ZTA to the City Council and 2) approve the requested Rooftop Dining Permit, contingent upon the City Council’s approval of the ZTA.

Alternatively, the Planning Commission may consider the following actions:

1. Amend the draft ZTA language further to reflect the Commission’s discussions.

2. Direct staff or applicant as appropriate and continue the hearing to a date (un)certain, consistent with permit processing timelines, and at applicant’s request or consent.

Report Reviewed By:

Ryan Gohlich, AICP

Director of Community Development

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Planning Commission Report 257 North Cañon Drive July 8, 2021

ATTACHMENT A

Required Findings

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REQUIRED ZONE TEXT AMENDMENT (ZTA) FINDINGS

BHMC §10-3-3908: DECISION OF THE PLANNING COMMISSION

If, from the facts presented at the public hearing, or by investigation by or at the instance of the planning commission, the planning commission finds that the public interest, health, safety, morals, peace, comfort, convenience, or general welfare requires the reclassification of the property involved or the reclassification of any portion of the property, the planning commission shall so recommend to the council.

The recommendation of the planning commission to the council shall be in writing and shall set forth fully the findings and determinations of the planning commission on the matter involved. A decision shall be rendered within a reasonable time, and a recommendation shall be filed with the council within seven (7) days after the decision is rendered by the planning commission. (1962 Code § 10- 858; amd. Ord. 95-O-2239, eff. 7-7-1995)

PROPOSED ROOFTOP DINING USE (RDU) FINDINGS BHMC

§10-3-3107.1 ROOFTOP DINING USES:

A. Rooftop Dining Use Permit. A rooftop dining use that complies with the standards in section 10-3-3107.1 A. of this chapter may be reviewed and approved, subject to the following review procedures:

1. Required Findings.

i. The proposed rooftop use is consistent with the general plan and any specific plans adopted for the area;

ii. The proposed rooftop use will not adversely affect existing and anticipated development in the vicinity and will promote harmonious development of the area;

iii. The nature, configuration, location, density, height and manner of operation of the rooftop will not significantly and adversely interfere with the use and enjoyment of residential properties in the vicinity of the subject property;

iv. The proposed rooftop use will not create any significantly adverse traffic impacts, traffic safety hazards, pedestrian-vehicle conflicts, or pedestrian safety hazards;

v. The proposed rooftop use will not create any significantly adverse impacts on neighboring properties as a result of:

1. The accumulation of garbage, trash or other waste;

2. Noise created by operation of the restaurant or by employees or visitors entering or exiting the restaurant;

3. Light and glare; or

4. Odors and noxious fumes; and

vi. The proposed rooftop use will not be detrimental to the public health, safety or general welfare.

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ATTACHMENT B

Draft Zone Text Amendment Resolution

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RESOLUTION NO.

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BEVERLY HILLS RECOMMENDING ADOPTION OF AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING §§10-3-100, 10-3-253, 10-3-3107, 10-3-3501, AND ADDING §10-3-3107.5 TO ALLOW ROOFTOP RESTAURANT AND OPEN AIR DINING USES IN THE C-3 COMMERCIAL ZONE OF THE BUSINESS TRIANGLE, SUBJECT TO APPROVAL OF A ROOFTOP DINING PERMIT (PL2000375)

WHEREAS, the Planning Commission has considered the proposed Amendment to the City of Beverly Hills Municipal Code, as set forth and attached hereto as Exhibit A (the

“Amendments”); and

WHEREAS, the Planning Commission conducted a duly noticed public hearing on June 23, 2021 and July 8, 2021, at which times it received oral and documentary evidence relative to the proposed Amendments; and

WHEREAS, the Planning Commission finds that the proposed Amendments are required because of the benefit to the public interest, health, safety, morals, peace, comfort, convenience, or general welfare, and that such Amendments are consistent with the general objectives, principles, and standards of the General Plan.

NOW, THEREFORE, the Planning Commission of the City of Beverly Hills hereby finds, resolves, and determines as follows:

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Section 1. The Amendments were assessed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq.(“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.), and the City’s Local CEQA Guidelines (hereafter the “Guidelines”). The Planning Commission finds that adoption of the Amendments are exempt from CEQA pursuant to Section 15305 (Class 5, Minor Alterations in Land Use Limitations) of Title 14 of the California Code of Regulations.

The Amendments would allow the establishment of rooftop dining uses on properties in the C-3 Commercial Zone within the Business Triangle area of the city, subject to approval of a Rooftop Dining Permit. The Amendments constitute minor changes to land use regulations in areas with an average slope of less than 20%, which do not result in any changes in land use or density.

Therefore, the Planning Commission hereby finds that the Amendments are exempt from CEQA pursuant to CEQA Guidelines Section 15305.

Section 2. The Planning Commission does hereby find that the proposed Amendments will foster business opportunities by allowing rooftop restaurant and open air dining uses to be established on properties in the C-3 Commercial Zone located in the Business Triangle area of the city. The City’s rooftop use regulations previously limited rooftop uses to lunchrooms, gymnasiums, ancillary structures, and unenclosed architectural features. The proposed Amendments will require a reviewing authority to issue a Rooftop Dining Permit to establish this type of use, which affords the City substantial oversight of the location, operations, and the physical development of a proposed rooftop dining use. The Rooftop Dining Permit review process will ensure that any proposed rooftop restaurant and/or rooftop open air dining use does not create adverse impacts for surrounding properties and uses, and will not conflict with the

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general welfare of the city. The approval of the proposed Amendments will help nurture greater economic sustainability in the city’s commercial center, encourage vibrant business activity, and ensure that restaurant establishments in the city remain competitive with those located in surrounding jurisdictions by allowing a more diverse range of hospitality uses. In addition, allowing rooftop dining uses may assist the local restaurant sector as it recovers from the economic downturn caused by the COVID-19 pandemic. For these reasons, the public interest, health, safety, morals, peace, comfort, convenience, and general welfare of the community requires adoption of the Amendments.

Section 3. The Planning Commission does hereby recommend to the City Council the adoption of an ordinance approving and enacting the proposed Amendments substantially as set forth in Exhibit A, which is attached hereto and incorporated herein by reference.

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Section 4. The Secretary of the Planning Commission shall certify to the passage, approval, and adoption of this resolution, and shall cause this resolution and his Certification to be entered in the Book of Resolutions of the Planning Commission of the City.

Adopted: July 8, 2021

Andrew Licht

Chair of the Planning Commission of the City of Beverly Hills

Attest:

Ryan Gohlich, AICP

Secretary of the Planning Commission

Approved as to form: Approved as to content:

David M. Snow Ryan Gohlich, AICP

Assistant City Attorney Director of Community Development

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EXHIBIT A

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[DRAFT] ORDINANCE NO. 21-O-_______

AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING BEVERLY HILLS MUNICIPAL CODE §§10-3- 100, 10-3-253, 10-3-3107, 10-3-3501, AND ADDING §10-3- 3107.5 TO ALLOW ROOFTOP RESTAURANT AND OPEN AIR DINING USES IN THE C-3 COMMERCIAL ZONE OF THE BUSINESS TRIANGLE, SUBJECT TO APPROVAL OF A ROOFTOP DINING PERMIT

THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY ORDAINS AS FOLLOWS:

Section 1. On June 23, 2021, and July 8, 2021, the Planning Commission held a duly noticed public hearing after which it adopted Resolution No._____, recommending that the City Council amend portions of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code to allow rooftop restaurant and open air dining uses (collectively, the “Amendments”) in certain commercial zones. On _________, the City Council held a duly noticed public hearing, received public testimony, and thereafter introduced this Ordinance.

Section 2. This Ordinance and the Amendments, in conjunction with the proposed modifications to an existing building located at 257 N. Cañon Drive (collectively the “Project”) were assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The Project would allow the establishment of a rooftop dining use on certain properties in the C-3 Commercial Zone within the Business Triangle area of the City, subject to approval of a Rooftop Dining Permit. The City Council hereby finds that the Project is exempt from CEQA pursuant to Section 15301 (Class 1 – Existing Facilities) and Section 15305 (Minor Alterations in Land Use Limitations) of Title 14 of the California Code of Regulations.

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Due to the fact that the proposed Project involves minor alterations to an existing private facility, and the Amendments constitute minor changes to land use regulations in areas with an average slope of less than 20%, which do not result in any changes in land use or density, these exemptions are applicable.

Section 3. The Amendments are consistent with the objectives, principles, and standards of the General Plan. General Plan Land Use Policy 2.1 “City Places: Neighborhoods, Districts, and Corridors” and General Plan Land Use Goal 4 “Land Use Distribution and Urban Form” call for a distinct, high-quality aesthetic in the built environment that enhances the business district of the City. General Plan Land Use Goals 5 “Complete, Livable, and Quality Neighborhoods” and 9 “Diverse Districts and Corridors”, and General Plan Land Use Policy 9.1

“Uses for Diverse Customers” encourage a variation of land uses and commercial businesses that support the needs of community residents and visitors alike. Moreover, General Plan Land Use Goals 10 “Economically Vital Districts” and 15 “Economic Sustainability” and General Plan Land Use Policy 15.2 “Priority Businesses” call for the City to sustain a vigorous economy by supporting businesses that contribute revenue, and high-quality services. General Plan Circulation Policy 4.1 “Parking Provisions” strives to ensure that adequate parking is provided for all uses.

Section 4. The City Council hereby amends §10-3-100 of Article 1 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code by adding a new definition of the term “Rooftop Dining Use” and “Rooftop Open Air Dining”, as set forth below, between the definitions of the terms “Roof, Sloped with Ridgeline” and “Satellite Dish Antenna”, with all other definitions in the section remaining unchanged:

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“ROOFTOP DINING USE: A use that is permitted pursuant to section 10-3-3107.5., and that includes rooftop open air dining, and/or enclosed indoor dining on the rooftop of a building. A rooftop dining use consists of the serving and consumption of food and drink, and shall be limited to bona fide restaurant establishments that primarily sell food and may provide accompanying drink service. Rooftop dining uses shall not include establishments that provide drink service without contemporaneous food service, but may include bars as an ancillary component of the rooftop dining use.

ROOFTOP OPEN AIR DINING: The serving and/or consumption of food and drink on a rooftop of a building in any rooftop area that is not fully enclosed within a permanent building by walls and a roof, but includes an enclosed component in which business transactions may be conducted.”

Section 5. The City Council hereby adds §10-3-3107.5 to Article 31 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code to read as follows:

“10-3-3107.5: ROOFTOP DINING USES: Notwithstanding any provisions to the contrary contained in this chapter, rooftop dining and rooftop open air dining uses may be permitted subject to the following:

A. Rooftop Dining Standards:

1. The proposed use complies with the definitions of a “rooftop dining use” and “rooftop open air dining use”, as defined in section 10-3-100 of this chapter.

2. The proposed use is located on a property in the C-3 Commercial Zone in the business triangle, defined as the area bounded to the northeast by

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the alley parallel to and northwest of Crescent Drive, to the southwest by the north side of Wilshire Boulevard and to the northwest by Santa Monica Boulevard north roadway. Specific plans and/or overlay zones approved through a planned development that apply to properties located in the C-3 Commercial Zone in the business triangle shall control the allowable use and development of such properties, and shall be separately amended to allow rooftop dining uses.

3. Any element of an enclosed rooftop restaurant and/or related unenclosed rooftop structure:

i. May not exceed 15 feet above the adjacent roof deck, or maximum height limit otherwise applicable, whichever is less;

ii. Shall be set back from the intersection of the roof deck and the face of any exterior wall of the floor immediately below that faces a public street so that a forty five degree (45°) angle to the vertical plane of such exterior wall is not intersected; and iii. Has an enclosed floor area total that does not exceed the lesser

of 1) three thousand five hundred (3,500) square feet; 2) fifty percent (50%) of the total floor area of the story immediately below the rooftop use; or 3) ten percent (10%) of the total floor area of the development. Such area shall not be counted towards the floor area limitation otherwise applicable to the property.

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iv. Is permanently affixed to the rooftop. This requirement shall not apply to furniture or other typical features in the dining area, but only the enclosed and/or unenclosed structures.

4. A landscape buffer is provided along all rooftop edges that face a public street. The landscape buffer shall be permanently affixed to the rooftop, at least forty-two inches (42”) in height, and may be comprised of living and/or nonliving plant materials.

5. Parking for any indoor restaurant floor area on the rooftop or rooftop open air dining shall be provided pursuant to the requirements for

“eating and bar facilities located in the Business Triangle” and “open air dining on private property” in section 10-3-2730 of this chapter. If the rooftop dining use requires more parking spaces than are provided on- site, the requirement for the rooftop dining may be satisfied through the use of off-site parking located within seven hundred and fifty feet (750’) of the use site, provided that at a minimum the required parking spaces are secured through a lease that makes such parking spaces available from six o’clock (6:00) P.M. to ten o’clock (10:00) P.M. on weekdays, and during operating hours of the rooftop dining use on the weekends.

If off-site parking is used to satisfy parking requirements for the rooftop dining use, valet parking services must also be provided during the time periods stated above and whenever the off-site parking is in use.

6. Background music on the rooftop is permitted, as long as the music is not noticeably audible beyond the site property lines. The only form of

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live entertainment permitted on a rooftop dining area shall be a musical performance in a restaurant by no more than two (2) performers, including patrons, which does not include any dancing, singing, or spoken words. For purposes of these regulations, a disc jockey is considered a performer, as is any other person whose performance is comprised of selecting or manipulating prerecorded selections of music.

Areas where musicians perform may not be located on any raised platform, stage or other mechanism designed to enhance the visibility of the musicians to restaurant patrons and may not have any special lighting other than ambient restaurant lighting and lighting specifically focused upon and designed to illuminate any sheet music the musicians might use.

7. Rooftop dining areas shall not be accessible to the public unless the restaurant is operating.

8. A designated waiting area that is not located on the public right-of-way shall be provided for patrons.

B. Rooftop Dining Use Permit. A rooftop dining use that complies with the standards in section 10-3-3107.5 A. of this chapter shall be reviewed and approved, subject to the following review procedures:

1. Required Findings.

i. The proposed rooftop dining use is consistent with the general plan;

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ii. The proposed rooftop dining use will not adversely affect existing and anticipated development in the vicinity and will promote harmonious development of the area;

iii. The nature, configuration, location, density, height and manner of operation of the rooftop dining use will not significantly and adversely interfere with the use and enjoyment of residential properties in the vicinity of the subject property; and

iv. The proposed rooftop dining use will not be detrimental to the public health, safety or general welfare.

2. Reviewing Authority. The Director of Community Development or their designee shall be the reviewing authority for all rooftop dining permits, however, if in the opinion of the Director, an application merits review by the Planning Commission, the Director may refer such application to the Planning Commission and the Planning Commission shall serve as the reviewing authority for such rooftop dining permit and shall conduct a noticed public hearing regarding the requested rooftop dining permit.

3. Notice. Noticing shall be completed in accordance with article 2.5 of this chapter and the city’s public notice guidelines.

4. Restrictions and Conditions. In granting a rooftop dining permit, the reviewing authority may impose such restrictions or conditions as it deems necessary or proper to satisfy the findings required.

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5. Appeals from Decisions. The applicant or any person aggrieved by any decision of the planning commission regarding an open air dining permit may appeal the decision to the city council. Any decision of the director pursuant to this article may be appealed to the planning commission, and any decision of the planning commission on appeal may be appealed to the city council. Any appeals pursuant to this section shall be pursued in a manner consistent with the procedures set forth in title 1, chapter 4, article 1 of this code, shall be in writing, and shall be received by the city clerk within fourteen (14) days after the date of the reviewing authority’s action.

6. Pilot Program. In order to ensure that proposed rooftop dining uses are consistent with the intent of this ordinance, the Director of Community Development shall forward the first two Rooftop Dining Permits submitted for review to the Planning Commission. The fee and public noticing for such review shall be consistent with the requirements for a Director-level review.”

Section 6. The City Council hereby amends the existing rooftop use text in subparagraph a. of paragraph 3. of subsection A. of §10-3-3107 of Article 31 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code to read as follows, with all other provisions in §10-3-3107 remaining in effect without amendment:

“a. The rooftop use is not an office, storage use, or a restaurant use unless such use is a rooftop dining or rooftop open air dining use in the business triangle approved and permitted pursuant to section 10-3-3107.5 of this chapter.”

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Section 7. The City Council hereby amends the existing open air dining permit text in subsection A. of §10-3-3501 of Article 35 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code to read as follows, with all other provisions in §10-3-3501 remaining in effect without amendment:

“No open air dining use shall be established in the public right of way or on private property unless an open air dining permit is approved pursuant to this article except that rooftop open air dining uses shall be approved pursuant to section 10-3-3107.5.”

Section 8. The City Council hereby amends §10-3-253 of Article 2.5 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code to read as follows, with all other provisions in §10- 3-253 remaining in effect without amendment:

Public Notice Requirements For Development Applications

On-Site Posted Notice

20-Day

Newspaper Notice 20-

Day

Mailed Notice 20-Day

Architectural review:

Director: Director level projects can be processed administratively and include:

minor landscape approvals, some commercial signs, and minor exterior changes to multi-family and commercial buildings (paint color changes, replacing like for like elements). These permits are generally processed at the planning counter.

None None None

Commission: Commission level projects must be reviewed by the City's

Architectural Commission (AC) and include: sign accommodations, most commercial signs, facade remodels for commercial and multifamily buildings,

Only projects in multifamily residential zones

None None

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new construction of commercial and multifamily buildings, and landscaping for commercial and multifamily projects.

Cultural heritage:

Director: Director level projects can be processed administratively and include Certificate of Review for District Non- Contributor and Director's determination of ineligibility.

Certificate of appropriateness for designated landmarks and contributing properties: See section 10-3-3219 of this chapter

Commission: Commission level applications include projects that are reviewed by the City's Cultural Heritage Commission (CHC). The CHC

recommends to the City Council on landmark or historic district

designation ¹ nominations and Mills Act contracts. The CHC acts on Certificates of Appropriateness for Designated Landmarks and Contributing Properties, certificates of ineligibility, and

certificates of economic hardship.

Certificate of ineligibility: See section 10-3- 3221 of this chapter

Landmark or historic district designation: See section 10-3-3215 of this chapter

Certificate of economic hardship: See section 10- 3-3220 of this chapter

Design review:

Director: Director level projects can be processed administratively and include single family home remodels and new homes in the Central Area of the City that are determined to be "track 1".

None None Owner/applicant

Commission: Commission level applications include projects that are reviewed by the City's Design Review Commission (DRC) including single family home facade remodels and new homes in the Central Area of the City that are determined to be "track 2".

Yes None Central Area:

100 foot radius + block-face

Planning review:

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Director Level: Director level includes applications that can be reviewed and approved by staff.

Yes No Hillside and

Trousdale: 300 foot radius

Central Area:

100 foot radius + block-face Accessory dwelling unit use permit

Development plan review Game court fence

In-lieu parking

Large family daycare permit¹ Lot line adjustment

Minor accommodation Open air dining

Overnight stay permit

Planned development review

R-1: Hillside, Central and Trousdale R-4 permit

Reasonable accommodation¹

Resolution of public convenience and necessity¹

Rooftop dining permit Tree removal permit¹ View restoration¹

Commission/Council Level: Yes Amendments

(General Plan, Streets

Standard Mailed Notice:

Accessory dwelling unit use permit

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Amendment (General Plan, Streets Master Plan, Specific Plan, zone text, Zoning Code)²

Master Plan, Specific Plan, zone text, Zoning Code)

Conditional use permit

Maps

(tentative, and parcel)

Specific Plan

Variance

Hillside and Trousdale:

1,000 foot radius

Central Area:

1,000 foot radius + block- face

Adjacent Neighbor Mailed Notice:

100 foot radius for projects in single- family, multi-family, and

commercial- transition zones Notice of Pending Application:

1,000 foot radius + block- face

Common interest development^1,2

Conditional use permit² Density bonus permit² Development plan review Extended hours permit² Game court fence Game court location² Historic incentive permit² In-lieu parking

Large family daycare permit¹ Lot line adjustment

Maps: tentative and parcel² Minor accommodation Open air dining

Overnight stay permit

Planned development review

R-1: Hillside, Central and Trousdale R-4 permit

Reasonable accommodation¹

Resolution of public convenience and necessity¹

Rooftop dining permit

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Specific Plan² Tree removal permit¹

Variance²

View restoration¹

Section 9. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this Ordinance shall be and remain in full force and effect.

Section 10. Publication. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage in accordance with Section 36933 of the Government Code, shall certify to the adoption of this Ordinance, and shall cause this Ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City.

Section 11. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.

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Adopted:

Effective:

ROBERT WUNDERLICH Mayor of the City of Beverly Hills, California

ATTEST:

_______________________________(SEAL) HUMA AHMED

City Clerk

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

LAURENCE S. WIENER City Attorney

GEORGE CHAVEZ City Manager

RYAN GOHLICH, AICP

Director of Community Development

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ATTACHMENT C

Draft Rooftop Dining Permit Resolution

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RESOLUTION NO.

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BEVERLY HILLS CONDITIONALLY APPROVING A ROOFTOP DINING PERMIT FOR A ROOFTOP RESTAURANT AND OPEN AIR DINING ON THE PROPERTY LOCATED AT 257 NORTH CAÑON DRIVE (PL2000375)

The Planning Commission of the City of Beverly Hills hereby finds, resolves, and determines as follows:

Section 1. Steven Bohbot, on behalf of Canon Luxury Buildings, LLC (the

“Applicant”), has submitted an application for a Rooftop Dining Permit (“RDP”) to allow a new rooftop restaurant and open air dining use on the rooftop of an existing building (the “Project”) located at 257 North Cañon Drive (the “Project Site”). The request to allow a rooftop dining use requires the approval of a Zone Text Amendment that creates a process to approve rooftop dining uses through the issuance of a Rooftop Dining Permit, which is separately addressed by Planning Commission Resolution No. ______. The Rooftop Dining Permit would allow the establishment of a new rooftop restaurant with open air dining within the existing rooftop structure and open rooftop. The proposed physical alterations would include the conversion of the existing lunchroom structure on the roof to an indoor restaurant area with kitchen and back-of-house areas and the construction of an enclosed service station for a proposed open air bar. A total of 59 tables and 198 seats are proposed to be located in the rooftop open air dining areas, while the indoor restaurant and bar would contain 26 tables and 94 seats, for an overall total of 85 tables and 292 seats available on the rooftop. The rooftop open air dining areas would be improved with landscaping along the rooftop edges facing a public street, and with new shade structures that partially cover the open air dining. The proposed hours of operation are from 7:00 AM to 12:00 AM, daily. Valet

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parking services will be provided during the hours of operation, and employee parking will be provided in the on-site parking garage. 136 parking spaces will be provided in the on-site subterranean parking garage, and 5 parking spaces will be provided at 301 North Cañon Drive.

Section 2. The Project Site is located just south of the intersection of North Cañon Drive and Dayton Way, on the west side of North Cañon Drive. Low- to mid-rise buildings primarily occupied by office, retail, and restaurant uses characterize this portion of North Cañon Drive within the Business Triangle. Adjacent to the Project Site to the north is a single-story restaurant, and to the south is the Beverly Hills Gardens Specific Plan site, which contains hotel, condominium, restaurant, and public park uses. Adjacent to the west opposite a public alley are restaurant and retail uses, and opposite the Project Site to the east are restaurant and office uses.

The Project Site is improved with a three-story, approximately 45,000-square foot building completed in 2019. The rooftop of the Project Site is currently improved with an enclosed lunchroom structure, and restroom and mechanical facilities. The commercial building is currently occupied by general office uses (a real estate firm and a real estate development firm) on the second and third floors, and an auction house in the northern ground floor tenant space. A restaurant with adjacent open air dining on both private and public property is proposed in the southern ground floor tenant space, which is currently under review in plan check to receive building permits.

Access to the subterranean parking garage is provided from North Cañon Drive via a driveway at the northern edge of the Project Site.

Section 3. The Project has been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000,

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et seq.(“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.), and the City’s Local CEQA Guidelines (hereafter the “Guidelines”). The Planning Commission finds that the Project is exempt from CEQA pursuant to Section 15301 (Class 1 – Existing Facilities) of Title 14 of the California Code of Regulations. Since the Project consists of the establishment of rooftop dining uses on a property in the C-3 Commercial Zone, and minor alterations to existing public or private facilities, this exemption is applicable. Therefore, the Planning Commission hereby finds that the Project is exempt from CEQA pursuant to CEQA Guidelines Sections 15301.

Section 4. Notice of the Project and the public hearing was mailed on June 3, 2021 to all property owners and residential occupants within a 1,000-foot radius plus block face of the property; an on-site notice was posted on the Project Site on June 3, 2021; and a notice was published in two newspapers of local circulation, the Beverly Hills Weekly and the Beverly Hills Courier, on June 3, 2021 and June 11, 2021, respectively. On June 23, 2021 and July 8, 2021 the

Planning Commission considered the application at a duly noticed public meetings. Evidence, both written and oral, was presented at said meetings.

Section 5. In considering the request for a Rooftop Dining Permit to allow a rooftop restaurant and open air dining as set forth in Beverly Hills Municipal Code §10-3-3107.5, the Planning Commission considered whether it could make the following findings in support of the Project:

1. The proposed rooftop dining use is consistent with the general plan;

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2. The proposed rooftop dining use will not adversely affect existing and anticipated development in the vicinity and will promote harmonious development of the area;

3. The nature, configuration, location, density, height and manner of operation of the rooftop dining use will not significantly and adversely interfere with the use and enjoyment of residential properties in the vicinity of the subject property; and

4. The proposed rooftop dining use will not be detrimental to the public health, safety or general welfare.

Section 6. Based on the foregoing, the Planning Commission hereby finds and determines as follows with respect to the Rooftop Dining Permit:

1. The proposed Project is consistent with several goals and policies of the General Plan, as the Project will help increase the economic vitality of the City’s commercial district and restaurant industry, and will provide an amenity for residents and visitors of the community. The Project is consistent with Land Use Policies 2.1, 9.1, 15.2, and Land Use Goals 4, 5, 9, 10, and 15. These policies and goals generally encourage the continued enhancement and development of the City’s business district by encouraging certain types of uses and businesses, while preserving the welfare of the community.

Additionally, these goals and policies aim to encourage a diversity of businesses that provides necessary services and desirable amenities. Since the proposed Project consists of a new rooftop restaurant with open air dining, it will bring additional business activity into the city, and help to activate this particular commercial corridor during a greater number of hours during the day. The Project may also help to encourage cross-patronage of

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surrounding businesses, which will further strengthen the local economy. The Project is consistent with Circulation Policy 4.1, as it provides adequate parking for the proposed uses through a combination of on- and off-site parking.

2. The proposed rooftop dining use will not adversely affect existing or anticipated development in the vicinity of the Project Site, and will promote the harmonious development of the area because it is located favorably within the City’s Business Triangle area, and is situated on North Cañon Drive in proximity to other restaurants. The proposed physical changes to the existing rooftop facilities on the Project Site consist of the conversion of an existing enclosed lunchroom structure, and the construction of an enclosed service station for the operation of an open air bar on the northern part of the rooftop. As conditioned, the proposed rooftop dining use will comply with all applicable development and operational standards in the rooftop dining code sections, which are designed to help limit impacts to adjacent properties and uses by regulating the massing of any rooftop structures and requiring certain mitigating features.

Specifically, the proposed rooftop dining structures will be no more than 15 feet in height above the adjacent roof deck, and will be set back from the rooftop edges by a 45-degree angle to the vertical plane of the exterior walls, and the dining areas will be buffered with landscaping along street-facing sides. Additionally, the proposed Project will help promote the harmonious development of the area, as it will help to stimulate this portion of North Cañon Drive with greater economic activity and potential patronage during an extended period of time during the day.

3. The proposed Project provides high-quality facilities that enhance the Business Triangle area of the city, operate in a manner compatible with adjacent

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commercial uses, and will not create detrimental impacts to surroundings uses. The Project Site is located near the intersection of North Cañon Drive and Dayton Way, on the west side of North Cañon Drive in the Business Triangle area of the city. The surrounding area is characterized by low- to mid-rise buildings primarily occupied by office, retail, and restaurant uses, and adjacent to the north is a single-story restaurant, to the south is the Beverly Hills Gardens Specific Plan site, (which contains hotel, condominium, restaurant, and public park uses), to the west opposite a public alley are restaurant and retail uses, and opposite the project site to the east are restaurant and office uses. Since the adjacent commercial uses are occupied by primarily daytime uses (e.g. offices, casual dining, retail, personal and convenience services, etc.), and the potential for impacts from a rooftop restaurant and open air dining use may be greater during the evening hours (given a potentially greater desire to dine outdoors with a view during the evening), the proposed Project will function compatibly with surrounding properties.As conditioned,the proposed rooftop restaurant will comply with all development and operational standards in the rooftop dining code sections. These standards limit the location and height of any rooftop structures, require landscape buffers, require adequate parking and valet services be provided, require a waiting area for restaurant patrons, and limit the sound level and type of live performers for any music provided. Additionally, the standards limit the use of a rooftop dining area by the public to times when the restaurant is in operation, in order to prevent a nightclub or bar use on the rooftop. Adequate parking and valet parking services will be provided for patrons of the restaurant, and employees of the restaurant will be provided on-site parking, which will limit any traffic or parking impacts related to the restaurant use. The project site is not located within 170’ of single or multi-family

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residential zones and, as such, conflicts between residential and commercial uses at the project site would be minimized. The enclosed restaurant area is located on the southern portion of the rooftop, which is the area in closest proximity to the Beverly Hills Garden Specific Plan property. The location of this enclosed structure will help to limit the noise impacts of the rooftop restaurant operations, as it will contain most of the noise from the dining that is closest to the adjacent hotel, residence, and public park uses, with the open air rooftop dining located further away on the northern portion of the rooftop. Furthermore, the residential uses (hotel and condominium uses) on the Beverly Hills Garden Specific Plan property are located within the southernmost building of the property, with the commercially occupied northernmost building immediately adjacent to the Project Site.

Thus, the commercial portion of the building and public park will help to buffer the residential uses from any potential impacts resulting from the operations of the rooftop restaurant. The proposed Project will further encourage the patronage of the city’s commercial district, and will contribute to the vitality of the local economy.

4. The proposed rooftop dining use will not be detrimental to the public health, safety, or general welfare because it is situated within the city’s business district, and will help boost the city’s economic vitality with the establishment of a new restaurant business.

The proposed rooftop dining use will operate compatibly with adjacent uses, as it will promote cross-patronage of other local businesses by attracting visitors, potentially during non-peak business hours as the rooftop will continue to operate into the evening hours. The proposed Project will promote a synergy of the surrounding mix of retail, restaurant, office, and other commercial uses in the area because it will attract patrons, office employees, and visitors to the area. The proposed Project will likely benefit in kind from adjacent

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commercial uses such as offices because employees of neighboring businesses may frequent the restaurant during lunchtime or early evening hours. Thus, a certain number of patrons may reduce the number of vehicle trips to and from the site, since patrons who work nearby in the city may walk to the restaurant. The Project Site is located within the Pedestrian-Oriented Area, and a restaurant/bar is considered a “retail use” that is encouraged within these areas to promote an urban village atmosphere. The proposed Project will operate during business hours consistent with general commercial and restaurant uses in the Business Triangle, and will contribute to the urban village atmosphere by creating activity throughout the day and into the evening hours. Given that the proposed rooftop dining is a newly permitted use in the city, the proposed restaurant may provide a unique dining experience that will contribute to the City’s reputation as an exceptional destination in the greater Los Angeles area, while also helping the City remain competitive with surrounding jurisdictions. Furthermore, the proposed Project will contribute to the continued growth of the North Cañon Drive restaurant corridor’s identity and reputation.

As conditioned, and as a result of its proposed physical and operational characteristics, the proposed Project will operate compatibly and will not be a detriment to the public health, safety, and general welfare of the city.

Section 7. Based on the foregoing, the Planning Commission hereby grants the requested Rooftop Dining Permit, subject to the following conditions:

1. Except as otherwise provided by these conditions, the Project shall be maintained in substantial compliance with the plans presented at the Planning Commission’s meeting of July 8, 2021.

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2. The rooftop restaurant shall ensure that any background music (prerecorded or live) is not noticeably audible beyond the property lines. In addition, any live performances must comply with applicable code limitations, including those regarding the type of performance and maximum number of performers.

3. If the operator of the rooftop restaurant changes in the future or the property is sold to a new owner, the Applicant shall be responsible for ensuring that the new operator and/or owner is aware of the regulations pertinent to the operation of the rooftop restaurant in BHMC section 10-3-3107.5 and the conditions of this resolution.

4. This resolution shall not become effective unless and until the associated Zone Text Amendment that would allow a reviewing authority to issue a Rooftop Dining Permit to allow the establishment of rooftop dining uses has been duly adopted by the City Council and has taken effect.

STANDARD CONDITIONS:

5. RECORDATION. This Resolution approving the Rooftop Dining Permit shall not become effective until the owner of the Project site records a covenant, satisfactory in form and content to the City Attorney, accepting the conditions of approval set forth in this resolution. The covenant shall include a copy of the resolution as an exhibit.

The Applicant shall deliver the executed covenant to the Department of Community Development within 180 days of the Planning Commission decision. At the time that the Applicant delivers the covenant to the City, the Applicant shall also provide the City with all fees necessary to record the document with the County Recorder. If the Applicant fails to deliver the executed covenant within the required 180 days, this resolution approving

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the Project shall be null and void and of no further effect. Notwithstanding the foregoing, the Director of Community Development may, upon a written request by the Applicant, submitted prior to the expiration of the 180-day period, grant a written extension of the 180-day time limit for a period of no more than 180 days if, at the time of the request, the Director determines that there have been no substantial changes to any federal, state, or local law that would affect the Project. Regardless of the timelines set forth in this condition, in no event shall a building permit be issued prior to the recordation of the covenant.

6. The Project shall operate at all times in compliance with the City’s Noise Ordinance, and shall maintain the portion of the premises under the Applicant’s control in a clean and orderly manner.

7. The Project shall operate at all times in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking or other actions.

8. Prior to the issuance of building permits, any changes to the exterior of the building, including signage, are subject to Architectural Review.

9. The Planning Commission expressly reserves jurisdiction relative to traffic, parking, loading, and noise issues and the right to impose additional conditions as necessary to mitigate any other unanticipated impacts caused by the proposed Project as they arise. In the event that the Project is found to result in any unanticipated impacts or the operation of the property is found to not be in compliance with the provisions of this resolution, a hearing may be scheduled to review the Project before the Planning Commission. The full cost of the review hearing and implementation of any additional

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conditions or mitigation measures shall be paid for by the Applicant. The Applicant may also be required to submit evidence demonstrating that sufficient off-site private parking spaces shall be available to satisfy any on-site parking shortfall that may exist.

10. Project Plans are subject to compliance with all applicable zoning regulations, except as may be expressly modified herein. Project plans shall be subject to a complete Code Compliance review when building plans are submitted for plan check.

Compliance with all applicable Municipal Code provisions is required prior to the issuance of a building permit.

11. APPEAL. The decision of the Planning Commission may be appealed to the City Council within fourteen (14) days of the Planning Commission action by filing a written appeal with the City Clerk. Appeal forms are available in the City Clerk’s office and all applicable fees must be paid.

12. EXPIRATION. The exercise of rights granted in such approval shall be commenced within three (3) years after the adoption of such resolution.

13. APPROVAL RUNS WITH LAND. These conditions shall run with the land and shall remain in full force for the duration of the life of the Project.

14. VIOLATION OF CONDITIONS: A violation of any of these conditions of approval may result in termination of the entitlements granted herein.