Planning Commission Report - Granicus

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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

Meeting Date: October 22, 2020

Subject: 8950 WEST OLYMPIC BOULEVARD Conditional Use Permit (PL2000236) Request for a Conditional Use Permit to allow the relocation and expansion of an existing educational institution (“Mathnasium”) within an existing mini-shopping center. The educational institution currently occupies 990 square feet and would occupy approximately 2,500 square feet of floor area under the new Conditional Use Permit. Pursuant to the provisions set forth in the California Environmental Quality Act, the Planning Commission will also consider finding the project exempt from further review under CEQA.

Project Applicant: Beverly Hills Plaza, LLC

Project Representative: Thomas Levyn / Eric Geier, Glaser Weil, LLP

Recommendation: Staff recommends that the Planning Commission conduct a public hearing, receive testimony on the Project, and adopt the attached resolution conditionally approving the Conditional Use Permit and finding the Project exempt from CEQA.

REPORT SUMMARY A request for a Conditional Use Permit has been made to allow the establishment of an approximately 2,500 square foot math tutoring center for children (educational institution) within an existing commercial building (mini shopping center) located within suite 113 at 8950 West Olympic Boulevard. As proposed, the educational institution would occupy a ground-floor suite that is currently vacant. The project will include limited interior modifications consistent with a typical tenant improvement in a commercial building.

This report provides a detailed description of the Project and provides analysis on key issues related to the findings for the requested entitlement. Specifically, this report highlights the proposed project, the requested entitlement, and the potential for impacts to adjacent residential uses. Based on this analysis, the recommendation in this report is for project approval with conditions specified in the draft resolution (Attachment B).

Attachment(s): A. Applicable Beverly Hills Municipal Code Sections and Findings B. Draft Resolution C. Public Noticing D. Public Comments E. Summary of Business Operations/Floor Plans/Shopping Center

Tenants F. 2015 Mathnasium Staff Report G. 2015 Traffic Count Information H. Beverly Hills Resolutions 1744, 440, and Ordinance 85-0-1956

Report Author and Contact Information: Alvaro Gomez, AICP, Assistant Planner

(310) 285-1142 [email protected]

mailto:[email protected]

Planning Commission Report 8950 West Olympic Boulevard

October 22, 2020 of 12

BACKGROUND

PROPERTY AND NEIGHBORHOOD SETTING

1 List accurate as of July 16, 2020.

File Date 07/28/20 Application Complete 10/01/20 CEQA Recommendation Class 1 Categorical Exemption

CEQA Deadline 60 days from CEQA Determination Permit Streamlining 60 days from determination of Exemption Applicant(s) Dan Saposhnik, Mathnasium Learning Center;

Beverly Hills Plaza, LLC Owner(s) Beverly Hills Plaza, LLC Representative(s) Thomas Levyn / Eric Geier (Glaser Weil, LLP)

Registered Legislative Advocate(s)

Thomas Levyn / Eric Geier1

Prior PC Action Resolution 1745, adopted May 6, 2015. This resolution approved a Conditional Use Permit to allow the operation of an educational institution (Mathnasium) within suite 106 of an existing shopping center at 8950 West Olympic Boulevard with conditions. Resolution 440, approved February 24, 1986. This resolution approved development of a mini shopping center at 8930-54 Olympic Boulevard with conditions.

Prior Council Action Urgency Ordinance 85-0-1956, approved October 31, 1985. This ordinance established the discretionary process for approval of commercial mini shopping center development within the City.

Property Information Address 8950 West Olympic Boulevard, Suite 113 Assessor’s ID No. 4332-009-038 Zoning District C-3T-2 General Plan General Commercial – Low Density Existing Land Use(s) Mini Shopping Center (Commercial) Lot Dimensions & Area 255’ (approx. length) x 120’-0” (depth)

Lot Area: 30,056 SF (approx.)

Year Built 1988 Historic Resource N/A

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Protected Trees/Grove N/A

Adjacent Zoning and Land Uses North C-3T-2 – Commercial East C-3T-2 – Commercial South R-1 – Single-Family Residential West C-3T-2 – Commercial Circulation and Parking Adjacent Street(s) Olympic Boulevard, South La Peer Drive, and South

Almont Drive Adjacent Alleys 20’ rear alley (south) Parkways & Sidewalks Olympic Boulevard: 20’ parkway and sidewalk

La Peer Drive: 12’ parkway and sidewalk Almont Drive: 12’ parkway and sidewalk

Parking Restrictions Olympic Boulevard: No stopping anytime; La Peer Drive: 2 hour parking, 8 AM – 6 PM (Except Sunday); Almont Drive: Limited metered parking; No parking 8 AM – 6 PM, Monday through Saturday, Permit EE Exempt

Nearest Intersection Olympic Boulevard and La Peer Drive; Olympic Boulevard and Almont Drive

Circulation Element Olympic Boulevard: Arterial Street; La Peer Drive / Almont Drive: Local Street

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Neighborhood Character The project site is located on the south side of Olympic Boulevard between South La Peer Drive and South Almont Drive. The project site is immediately bordered by commercial uses (C-3T-2 zone) on three sides and single-family residential (R-1 zone) across an alley on the south side. Across Olympic Boulevard to the north are two single-story commercial buildings that are currently utilized by a car dealership for the storage of new cars and surface parking lot.2 To the east on Olympic Boulevard, across South La Peer Drive, there are single-story commercial properties. Across South Almont Drive to the west of the project site, there is a surface parking lot and service garages ancillary to the Jim Falk Lexus of Beverly Hills auto dealership located at 9001 Olympic Boulevard. The project site is bordered by one- and two- story single-family homes to the south on both South Almont Drive and South La Peer Drive. Olympic Boulevard is a 70’-0” wide arterial street with high traffic volumes. South Almont and South La Peer Drives are two-way local streets with substantially lower traffic volumes and measuring approximately 30’-0” wide. At two stories in height and occupying over 30,000 square feet of land, the mini shopping center on the project site is generally larger than surrounding development; however, there are instances of other two-story office buildings and shopping centers in the area along Olympic Boulevard. The proposed project would affect only on-site operations of the building, and would not result in changes to the building and thus would not affect existing neighborhood character. Figure 1 provides an aerial view of the project site while Figure 2 and Figure 3 provide street-level images of the project site.

Figure 1. Aerial Image of Project Site

Source: Google Earth

2 There is a pending application on-file with the City to establish an O’Gara Coach luxury car dealer at this site.

OLYMPIC BLVD

ALMO

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R

LA PEER D

R

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Figure 2. Project Site as seen from Olympic Boulevard and La Peer Drive

Source: Google

Figure 3. Project Site from Olympic Boulevard (New Tenant Suite on Bottom Right)

Source: Google

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PROJECT DESCRIPTION The proposed project consists of relocating an existing 900 square foot tutoring facility approved by the Planning Commission in 2015 and re- establishing it within an approximately 2,500 square foot tenant space (both the existing and proposed new spaces are on the ground floor of the existing commercial shopping center). As proposed, the new space would be comprised of two rooms with eight and three tables, respectively, for tutoring on a small group basis, an office, bathroom, and direct access to a loading bay off South Almont Drive. Mathnasium tutors currently meet with students at a ratio of one instructor per two students (in addition to one on-site manager) because of COVID-19 related safety measures. This ratio is expected to continue once Mathnasium begins operating in a larger tenant suite. However, upon resumption of normal operations, Mathnasium is projected to serve up to 30 students at one time and 7-8 instructors on-site. A summary of the proposed business operations and floor plan for Mathnasium has been provided in Attachment E. The existing commercial building was constructed in 1988 and has a total floor area of approximately 28,000 square feet. Upon approval, the proposed project would occupy a suite comprising approximately 8.9% of the building’s total floor area (it currently occupies a tenant space comprising 3.5% of the building’s floor area). Parking for the project site is provided in a subterranean parking garage accessed from South La Peer Drive and a surface parking lot accessed from driveways on Olympic Boulevard and South La Peer Drive. Patrons of the proposed project would access the tutoring center via the entrances facing Olympic Boulevard/La Peer Drive through the surface parking lot, or from the elevator and stairway emanating from the building’s subterranean parking garage. Additionally, the project site contains 5’-0” wide sidewalks buffered by an approximately 10’-0” wide parkway on all sides. The project site plan is represented in Figure 4 (the tenant space is shown with hatched shading) while Figure 5 is a floor plan of the proposed project’s new tenant space.

Figure 4. Project Site Plan

Source:

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Figure 5. Proposed Project Floor Plan (Suite 113) REQUIRED ENTITLEMENTS As proposed, the project requires the following entitlement in order to be established:

Conditional Use Permit: Pursuant to BHMC §10-3-1604, educational institutions are conditionally permitted uses in the C-3T-2 zone.

GENERAL PLAN POLICIES The General Plan includes numerous goals and policies intended to help guide development in the City. Some of the policies relevant to the review of the proposed project include the following:

Policy LU 12.1 Functional and Operational Compatibility. Require that retail, office, entertainment, and other businesses abutting residential neighborhoods be managed to assure that businesses do not create an unreasonable and detrimental impact on neighborhoods with respect to safety, privacy, noise, and quality of life by regulating hours of operation, truck deliveries, internal noise, staff parking and on-site loitering, trash storage and pick-up and other similar business activities.

Policy LU 15.1 Economic Vitality and Business Revenue. Sustain a vigorous economy by supporting businesses that contribute revenue, quality services and high-paying jobs.

Policy LU 16.3 Equitable Distribution of Uses and Amenities. Strive to ensure that

services and neighborhood amenities are distributed equitably throughout the city.

Tutoring Space 1 1,642 SF

Tutoring Space 2 539 SF

Office

Bathroom

Loading Bay

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Policy ES 1.5 Attract New Businesses and Industries. Consistent with future economic

sustainability plans, encourage and attract new businesses in existing industries and new industries to locate and expand within the City in order to ensure a diverse, leading-edge business community.

Goal ES 3 Enhanced Commercial Corridors. Enhanced corridors that expand and nurture development opportunities outside of the Business Triangle, such as along South Beverly Drive and Robertson, Olympic, South Santa Monica, and the eastern portion of Wilshire Boulevard.

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. The project qualifies for a Class 1 Categorical Exemption (Existing Facilities) in accordance with the requirements of Section 15301 of the State CEQA Guidelines. This exemption is applicable to the minor alteration of existing private structures. Accordingly, staff recommends that the Planning Commission find the project exempt from further review under CEQA. PUBLIC OUTREACH AND NOTIFICATION

Type of Notice Required Period Actual Period Required

Notice Date Actual Notice

Date

Community Meeting Prior to Submittal 8 days prior Prior to

Submittal 7/20/2020

Notice of Pending Application (Owners & Occupants - 1000' Radius + blockface)

45 days from submittal

41 days from submittal 8/14/2020 8/10/2020

Adjacent Neighbor Notice (Owners & Occupants - 100' Radius)

45 days from submittal

41 days from submittal 8/14/2020 8/10/2020

Notice of Public Hearing (Owners & Occupants - 300' Radius + blockface)

20 days 20 Days 10/2/2020 10/2/2020

Newspaper Notice 20 days 20 days 10/2/2020 10/2 – 10/8/20201

Property Posting 20 days 20 Days 10/2/2020 10/2/2020

Agenda Posting 72 Hours 7 Days 10/19/2020 10/15/2020

Website 72 Hours 7 Days 10/19/2020 10/15/2020

1 The Project was noticed in the October 2nd edition of The Beverly Hills Courier and the October 8th edition of The Beverly Hills Weekly.

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Public Comment Prior to the publication of this report, staff received two emails from a nearby resident expressing concerns about on-site parking, customers parking in the residential area, and the preponderance of conditional use permits in the surrounding neighborhood. All public correspondence received prior to the publication of the staff report is provided as Attachment D. ANALYSIS Project approval, conditional approval, or denial is based upon specific findings for each discretionary application requested by the applicant. Pursuant to the city’s municipal code, the Planning Commission shall consider the following finding for a Conditional Use Permit:

The reviewing authority shall not issue a conditional use permit unless the reviewing authority finds that the proposed location of any such use will not be detrimental to adjacent property or to the public welfare (BHMC §10-3-3800[B]).

This finding serves to guide the Planning Commission’s deliberation of the proposed project. In addition to the finding noted above, uses in mini-shopping centers in Beverly Hills are subject to conditions with regard to vehicle trips, compatibility of uses and hours of operation as noted under BHMC §10-3-1611(B). Attachment A lists these findings. In reviewing the requested entitlement, the Commission may wish to consider the following information as it relates to the project and required findings: Previous Approvals When the mini shopping center was approved for development pursuant to Planning Commission Resolution 440, adopted in 1986, approval for the mini shopping center included three operational conditions that would apply to the proposed business. First, free parking must be provided for both customers and employees. Second, all businesses must close no later than 10:00 PM. Third, the Planning Commission established the maximum traffic thresholds that the shopping center may not exceed as a whole. The thresholds were derived from City Council Urgency Ordinance 85-0-1956 that was passed in 1985 in order to regulate mini shopping centers; these traffic thresholds and other restrictions on mini shopping centers were later added to the zoning code (BHMC §10-3-1611). Both Resolution 440 and Ordinance 85-0-1956 are included here as Attachment H. The “Trip Generation” section of this report provides additional detail on the trips generated by the shopping center and how the proposed project may affect trips. Resolution 1745 (Attachment H) adopted by the Planning Commission in 2015 granted Mathnasium approval pursuant to certain conditions. These included a limit on the maximum number of instructors and students within the business at any given time and hours/days of operation. If approved, the draft resolution for the proposed project would supersede Resolution 1745.

Proposed Use The project site is located in the southeast end of the City in a commercial zone. The Municipal Code allows educational institutions to be located in commercial zones with the approval of a Conditional Use Permit. The proposed use for this site is an educational institution providing math tutoring services for children of all ages and offers instruction on a small group basis and does not offer the large group classes that may typically be associated with educational uses.

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The proposed operating hours are 2:00 PM – 8:00 PM, Monday through Friday. The applicant proposes to operate the tutoring center on an appointment-only basis, with a maximum of thirty students attending each hour and eight staff members (seven instructors and one manager) present throughout.3 According to the applicant, the 6:30 PM-7:30 PM shift sees a decrease in student attendance by approximately 40%, with a corresponding reduction in the number of instructors from seven to four. Additionally, the applicant notes that there may be parents or students waiting on-site between appointments. Pursuant to the operational plan of the business, the proposed project is not expected to be detrimental to adjacent property or the public welfare. On the contrary, the expansion of the Mathnasium would allow it to occupy a currently vacant tenant space with prime visibility from Olympic Boulevard. As noted in Exhibit D of Attachment E, three out of 25 tenant spaces in the shopping center are currently vacant. With an uncertain economic outlook amidst COVID-19 related safety measures, relocation and expansion of the proposed use would reduce a vacancy in a highly visible tenant space along one of the City’s busiest streets and provide the opportunity for applicants, owners, and the City to maintain economic vitality. To limit the potential of the proposed project to affect adjacent property or public welfare or safety, a condition has been added to the draft resolution limiting the operating hours to 2:00 PM – 8:00 PM, Monday through Friday, in accordance with the applicant’s request.

Parking The project site provides parking at a rate of one space per 350 square feet of building floor area, which is consistent with current code for commercial uses. Because the proposed educational use is not organized as assembly space, the required parking rate is one space per 350 square feet, which is required for commercial space not otherwise specified in the code. In total, 81 full-size, independent parking spaces are provided on-site in the subterranean parking structure and the surface parking lot, with additional compact or tandem spaces provided in excess of code requirements. There are two parking attendants on-site to direct drivers to available spaces and to ensure turnover in the 15 short-term (15-minute) spaces in the surface parking lot in addition to one security guard working staggered shifts on site.4 The applicant has confirmed that peak parking hours are typically Thursday, Friday, and Saturday from 2:00 PM – 5:00 PM.

Pursuant to Planning Commission Resolution 440 approving the shopping center, all employees and customers are to be provided with free on-site parking. Employees of the tutoring center will park in two spaces specifically allocated to suite 113 while the rest would park in other available space or be dropped off. It is anticipated that most students or parents would park in the private subterranean garage or parents would drop students off in the surface parking lot, where short-term (15-minute) parking is available. According to the applicant, parking demand associated with the Mathnasium has historically been negligible given that students attending tutoring sessions are almost exclusively dropped off and later picked up, with the parent dropping them off and leaving the site during their session. Additionally, according to the applicant less than five students per day access the premises by bicycle. The applicant also notes that no more than one

3 Current capacity will be limited to twelve students per hour while Covid-19 related safety measures remain in place. 4 Due to ongoing COVID-19 related safety measures and reduced patronage, there are currently no parking attendants are on site. Since parking attendant service has been suspended, the applicant notes that there have been no parking-related problems in the Shopping Center. Attendant service is anticipated to resume upon the lifting of local, county, and statewide safety measures, and if warranted by shopping center activity.

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or two parents per day remain parked on the Shopping Center’s premises and frequent other businesses there. The applicant estimates that twenty of the thirty students during any given shift will be elementary and middle school age (7-13 years old), with the balance being high school age (14-17 years old). The relatively lower number of potential students of driving age accessing the site also limits overall parking usage during peak hours. No significant parking impacts are anticipated to result from issuance of this Conditional Use Permit given anticipated modes of travel for patrons and employees provided by the applicant, the project site’s overall parking supply (consistent with the current code required amount of one 1 per 350 square feet of floor area), and the previous issuance of a Conditional Use Permit in 2015 which has not resulted in any Code Enforcement cases related to parking or trips into/out of the project site.

Trip Generation As noted in the 2015 Staff Report for Mathnasium (Attachment F), Urgency Ordinance 85-0-1956 and Planning Commission Resolution 440 limit the shopping center to a maximum number of trips generated per hour and per day. This limit is also codified under BHMC §10-3-1611(B)(2), which limits the maximum number of trips for the shopping center as a whole to not substantially exceed either 16 vehicle trips per hour per 1,000 square feet of floor area or 200 vehicle trips per day per 1,000 square feet of floor area. Accordingly, at 28,000 square feet of floor area, the shopping center may not exceed 448 vehicle trips per hour or 5,600 vehicle trips per day. With the proposed project moving into a suite measuring approximately 2,500 square feet, the applicant may not substantially exceed 40 vehicle trips per hour (assuming each space in the shopping center is allocated an equal amount of trips). It should be noted, however, that per previously observed trip counts, several uses on-site operate below the maximum number of trips per hour. In 2015, staff arranged for a consultant to count trip volumes during the proposed hours of weekday operation.5 The counts were conducted between 2:00 PM and 7:00 PM to capture the time prior to the first appointments that the tutoring center would offer at the time and because the mini shopping center’s peak trip volumes occurred prior to 3:00 PM. Over five hours of observation, the Olympic Boulevard driveway saw a total of 155 entries and exits, the La Peer driveway had 402, and the subterranean garage had 109 vehicle entries and exits – a total of 666 vehicles arriving and departing. This is an average of approximately 133 entries and exits per hour, or 67 trips to the shopping center per hour, which was substantially below the allowed 448 trips per hour. With a maximum of 30 students attending each hour and likely modes of travel noted by the applicant, a “worst-case” estimate would anticipate an average of 30 vehicle trips per hour to the shopping center generated by the proposed project, which would increase the average hourly number of trips to the shopping center to 97.6 The anticipated number of trips would likely remain below the 40 trip allotment for suite 113 and, when combined with the overall number of vehicle trips generated by the shopping center observed in 2015, trips would most likely remain below the maximum number of allowed trips generated for the shopping center (448 per hour) set by Urgency Ordinance 85-0-1956 and Resolution 440. Attachment G provides a recent snapshot of daily trips to the shopping center during a portion of the proposed project’s

5 A study was not completed for the current request due, in large part, to the ongoing COVID-19 pandemic, which makes traffic and parking counts unreliable due to business closures and safer at home orders. It can be assumed that the trip pattern for the shopping center has not changed significantly since 2015. 6 A “worst case” scenario assumes that all students will access the Mathnasium in a separate automobile. This scenario does not account for students who may access the site via walking, bicycle/transit, or carpooling with other students.

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Planning Commission Report8950 West Olympic Boulevard


weekday operating hours. Counts were conducted on Wednesday April 1 and Wednesday, April 8, 2015 at the three driveways of the project site.

Based on the 2015 counts, the highest volume of people arriving and departing the project site during the proposed hours of operation will be during the early afternoon period, with the current peak during this period from 2:15-3:15 PM. As mentioned earlier, the applicant notes that the 6:30PM – 7:30PM shift sees a decrease in student attendance by approximately 40%, with a corresponding reduction in the number of instructors from seven to four. It is also noted that the proposed project site is within 1.5 miles of three schools (Beverly Vista School, Horace Mann School, and Beverly Hills High School) and it is conceivable that some students may arrive at the tutoring center on foot, bicycle, or on transit. On the first day the study was conducted, approximately 18 trips were made to the project site by pedestrians or bicyclists during the five-hour period.

Finally, the applicant has noted that there is an approximately 25% percent drop in student participation during the summer months when schools are on vacation. While the highest numberof vehicle trips are anticipated to occur at the beginning of the Mathnasium’s daily operating hours, these hours overlap with normal bell schedules at nearby schools which can often run beyond 3:00 PM. This overlap would reduce the pressure on overall vehicle trips being generated by the Mathnasium during the shopping center’s busiest hours. To limit the potential for trips to the project site to exceed the maximum number allowed, a condition has been added to the draft resolution limiting the number of students on site at any given time to 30 in addition to 8 staff members.

Analysis SummaryBased on the above analysis, it appears that the necessary findings can be made in support of the proposed project. Accordingly, the recommendation in this report is to conditionally approve the project, subject to the conditions noted in this report and in the attached draft resolution.

NEXT STEPSIt is recommended that the Planning Commission conduct the public hearing and adopt the attached resolution conditionally approving a Conditional Use Permit for the operation of Mathnasium at 8950 Olympic Boulevard, Suite 113.

Alternatively, the Planning Commission may consider the following actions:

1. Approve the project with modified findings or conditions of approval.2. Deny the project, or portions of the project, based on revised findings.3. Direct staff or applicant as appropriate and continue the hearing to a date (un)certain,

consistent with permit processing timelines.

Report Reviewed By:

Ryan Gohlich, AICPAssistant Director / City PlannerCommunity Development Department

n GGGohliiicchc , AICPCPCPistss ant t DiDD rector // CCCititi y yy Planner

mmmmmmunuu ity Development Department

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October 22, 2020

ATTACHMENT A

Applicable Beverly Hills Municipal Code Sections and Findings

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10-3-1611: MINI-SHOPPING CENTERS; RESTRICTIONS:Mini-shopping centers shall be permitted only on properties greater than eighteen thousand (18,000) squarefeet in the C-3 zone which properties are located along streets other than Wilshire Boulevard and outside of thearea bounded by Wilshire Boulevard to the south, by the centerline of Crescent Drive to the east, and by thecenterline of Santa Monica Boulevard to the north and west, subject to the following conditions:

A. A conditional use permit, pursuant to the provisions of article 38 of this chapter, shall be obtained prior tothe issuance of any building permit. The provisions of section 4.9 of council resolution 82-R-6525 do not applyto mini-shopping centers.

B. A conditional use permit may be issued only if the planning commission finds:

1. The proposed center will not be detrimental to and will be compatible with surrounding uses andproperties and the public welfare;

2. Vehicle traffic generated by the proposed center, based on the current Institute of Traffic Engineerspublication entitled "Trip Generation" or, if not specified therein, as designated by the transportation official, willnot substantially exceed either of the following per one thousand (1,000) gross square feet of floor area:

a. Sixteen (16) vehicle trips per hour; or

b. Two hundred (200) vehicle trips per day;

3. Traffic entering onto or exiting from the proposed center will not cause traffic or pedestrian hazards orundue traffic congestion affecting surrounding areas, including, but not limited to, alleys and residentialproperties;

4. The design of the proposed center will be compatible with surrounding uses and properties;

5. The types of uses proposed for the center will be compatible with adjacent uses;

6. The hours of operation of the uses proposed for the center will not interfere with neighboring uses orproperties;

7. The proposed center will have adequate buffering between the center and adjacent residential areas;

8. The proposed center's lighting and venting will not adversely affect neighboring uses or properties; and

9. The proposed center will have an adequate parking plan and parking layout. (Ord. 87-O-2009, eff. 11-19-1987)

*Staff Note: Findings B4, B7, B8 and B9 are not applicable because they apply to the phsycial construction of the shopping center, which is already built. Staff analyzed the findings that could be impacted by a change or expansion of use such as the proposed project.

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10-3-3800: AUTHORIZED; REQUIRED FINDINGS: A. Procedure: Pursuant to an application and hearing procedure as provided in article 37 of this chapter forgranting a variance, the planning commission may authorize conditional uses as specified in this code if theplanning commission makes the required findings set forth in paragraph B. below.

Conditionally permitted uses shall be designated and listed in this code under the zone in which they arepermitted. Additionally, a list of all uses which may require a conditional use permit shall be maintained in theoffice of the department of planning and community development and shall be available to the public free ofcharge. Noticing shall be completed in accordance with article 2.5 of this chapter and the City’s public noticeguidelines.

B. Required Findings: The reviewing authority shall not issue a conditional use permit unless the reviewingauthority finds that the proposed location of any such use will not be detrimental to adjacent property or to thepublic welfare.

In addition, certain conditionally permitted uses have additional findings set forth in sections 10-3-1207(Dining in Nonconforming Hotels), 10-3-1236 (Combined Uses), 10-3-1240 (Dining in Nonconforming Hotels),10-3-1254 (Conditional Use Permits), 10-3-1282 (Permitted Areas), 10-3-1283 (Conditional Use PermitRequirements), 10-3-1604 (Conditionally Permitted Uses), 10-3-1611 (Mini-Shopping Centers), 10-3-1612(Drive-Up, Drive-In, and Drive-Through Facilities), 10-3-1613 (Vehicle Sales, Service or Fuel Stations), 10-3-1617 (Exercise Clubs and Private Training Centers), 10-3-1618 (Exercise Clubs and Private Training Centers),10-3-1619 (Nightclubs), 10-3-1620.2 (Cosmetic Spas), 10-3-1655 (Pedestrian-Oriented Areas), 10-3-1702(Conditionally Permitted Uses), 10-3-1802 (Conditional Uses Permitted), 10-3-2003 (Conditionally PermittedUses), 10-3-2730.4 (Alternative Parking Facility), 10-3-2733 (Parking in Nonresidential Zones; Location andShielding of Facilities), 10-3-2862 (Conditional Use Permits Required), 10-3-2866 (Parking Requirements), 10-3-2866.1 (Loading Restrictions), 10-3-2867 (Hotel Access Areas), 10-3-2868 (Regulations and RestrictionsApplicable), and 10-3-3800.1 (Convenience Store Conditional Use Permit) of this chapter. (Ord. 14-O-2661,eff. 6-20-2014; amd. Ord. 19-O-2795, 12-10-2019)

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October 22, 2020

ATTACHMENT B

Draft Resolution

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1

RESOLUTION NO.

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BEVERLY HILLS CONDITIONALLY APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF AN EDUCATION INSTITUTION (“MATHNASIUM”) WITHIN A COMMERCIAL TRANSITION (C-3T-2) ZONE AT 8950 OLYMPIC BOULEVARD, SUITE 113 (PL2000236)

The Planning Commission of the City of Beverly Hills hereby finds, resolves, and

determines as follows:

Section 1. Eric Geier and Thomas Levyn of Glaser Weil Fink Howard Avchen

& Shapiro LLP, on behalf of Dan Saposhnik of Mathnasium Learning Centers and Beverly Hills

Plaza, LLC (collectively the “Applicant”), have submitted an application for a Conditional Use

Permit to allow the operation of an educational institution (“Mathnasium”) within a commercial

transition (C-3T-2) zone at 8950 Olympic Boulevard, Suite 113 (the “Project”). The Project

requires entitlements that can be approved by the Planning Commission pursuant to the required

findings for a Conditional Use Permit.

Section 2. The proposed Project is a request to allow the relocation and

expansion of an existing educational institution (“Mathnasium”) into a larger suite within an

existing mini-shopping center on the same project site. The applicant proposes to operate between

the hours of 2:00 PM and 8:00 PM, Monday through Friday. The space to be occupied by the

applicant (Suite 113) is currently vacant but was occupied by a retail tenant (La Peer Beauty Center

cosmetics) as recently as 2017. The Project will utilize the existing parking allocated to all tenants

of the shopping center, located in a subterranean parking garage and within a surface lot. As the

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2

Project proposes to relocate into a space that was previously occupied by a use with a similar

parking requirement (commercial office and retail; 1 parking space for each 350 square feet of

floor area) pursuant to the Beverly Hills Municipal Code (BHMC), no additional parking is

required to accommodate the Project. The project site is located in a C-3T-2 zone within a

Commercial-Residential Transition Area as it is within 170’-0” of a residential area to the south.

The applicant had previously received approval from the Planning Commission in 2015 to operate

within Suite 106 on the project site per Resolution 1745.

Section 3. The 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. The project qualifies for a

Class 1 Categorical Exemption (Existing Facilities) in accordance with the requirements of Section

15301 of the State CEQA Guidelines. This exemption is applicable to the operation, repair,

maintenance, permitting, leasing, licensing, or minor alteration of existing public or private

structures, facilities, mechanical equipment, or topographical features, involving negligible or no

expansion of existing or former use. Accordingly, the Planning Commission hereby finds the

project exempt from further review under CEQA.

Section 4. Notice of the Project and public hearing was mailed on October 2,

2020, to all property owners and residential occupants within a 1,000-foot radius of the property

plus block-face, and posted on the property. On October 22, 2020, the Planning Commission

considered the application at a duly noticed public hearing. Evidence, both written and oral, was

presented at the meeting.

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Section 5. In reviewing the request for a Conditional Use Permit, the Planning

Commission considered whether the proposed location of the use will not be detrimental to the

adjacent property or to the public welfare, as noted under BHMC §10-3-3800(B). In addition, uses

in mini-shopping centers in Beverly Hills (defined as any development which is developed for

multiple uses of retail, personal services, or restaurants, or a combination thereof, with the structure

or structures located in close proximity to the rear property line and/or a common property line

and with surface parking situated between the structure or structures and the street), are subject to

conditions with regard to vehicle trips, compatibility of uses and hours of operation as noted under

BHMC §10-3-1611(B). These additional findings include:

1. The proposed center will not be detrimental to and will be compatible with

surrounding uses and properties and the public welfare;

2. Vehicle traffic generated by the proposed center, based on the current Institute

of Traffic Engineers publication entitled "Trip Generation" or, if not specified

therein, as designated by the transportation official, will not substantially

exceed either of the following per one thousand (1,000) gross square feet of

floor area:

a. Sixteen (16) vehicle trips per hour; or

b. Two hundred (200) vehicle trips per day;

3. Traffic entering onto or exiting from the proposed center will not cause traffic

or pedestrian hazards or undue traffic congestion affecting surrounding areas,

including, but not limited to, alleys and residential properties;

4. The types of uses proposed for the center will be compatible with adjacent uses;

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4

5. The hours of operation of the uses proposed for the center will not interfere with

neighboring uses or properties;

Section 6. Based on the foregoing, the Planning Commission hereby finds and

determines as follows with respect to the Conditional Use Permit:

1. The Project involves the relocation and expansion of a use previously approved

by the Planning Commission. The Project is an educational institution that

provides math tutoring services for children of all ages, offers instruction on a

small group basis, and does not offer the large group classes that may typically

be associated with educational uses. Additionally, the Project will be located

in a mini shopping center with several existing similar uses (general commercial

and retail).

Based on the foregoing, the Project will not be detrimental to and will be

compatible with surrounding uses and properties and the public welfare.

2. At 28,000 square feet of floor area, the mini shopping center may not exceed

448 vehicle trips per hour or 5,600 vehicle trips per day, as noted in the Beverly

Hills Municipal Code. In 2015, trip counts of the project site observed an

average of 67 trips to the shopping center per hour, which was substantially

below the allowed 448 trips per hour allotment. With a requested maximum of

30 students attending each hour and likely modes of travel noted by the

applicant, a “worst-case” estimate would anticipate an average of 30 vehicle

trips per hour to the shopping center generated by the Project, which would

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increase the average hourly number of trips to the shopping center to 97.1 The

anticipated number of trips by the Project would also likely remain below a 40-

trip allotment for the 2,500-square-foot suite 113 (based on 16 trips per hour

per 1,000 square feet) and, when combined with the overall number of vehicle

trips generated by the shopping center observed in 2015, trips would remain

well below the maximum number of allowed trips generated for the mini-

shopping center (448 per hour).

Based on the foregoing, the Project will not substantially exceed the

maximum number of vehicle trips per hour or per day allotted to the mini-

shopping center.

3. The most recent trip counts of the project site revealed that the vast majority of

vehicle trips into/out of the site occurred from the La Peer Drive driveway.

There is currently a no-right turn sign on La Peer Drive directing vehicles

exiting from the La Peer Driveway and parking garage onto Olympic

Boulevard—away from the residential neighborhood south of the project site.

Additionally, the stretch of La Peer Drive south of the project site contains

multiple speed humps to reduce traffic hazards.

Based on the foregoing, traffic entering onto or exiting the project site

because of the Project will not lead to substantial traffic or pedestrian hazards

or undue traffic congestion affecting surrounding areas, including, but not

limited to, alleys and residential properties.

1 A “worst case” scenario assumes that all students will access the Mathnasium in a separate automobile. This scenario does not account for students who may access the site via walking, bicycle/transit, or carpooling with other students.

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4. As previously noted, the applicant currently operates a similar institution within

a smaller tenant space on the same project site, per an approval granted by the

Planning Commission. Because the Project involves the relocation and

expansion of the previously approved Project into a larger suite, and noting that

similar businesses currently operate on the project site (i.e., general commercial

and retail), the Project will not bring about a substantial change in uses on the

site.

Based on the foregoing, the Project will be will be compatible with adjacent

uses;

5. The Project proposed to operate between 2:00 PM – 8:00 PM, Monday through

Friday—normal hours of operation for a commercial center. With operations

limited to weekdays, further interference with neighboring residential uses will

be substantially reduced.

Based on the foregoing, the hours of operation of the Project will not

interfere with neighboring uses or properties;

Section 7. Based on the foregoing, the Planning Commission hereby grants the

Conditional Use Permit subject to the following conditions:

Project Specific Conditions

1. This approval is for those plans submitted to the Planning Commission on

October 22, 2020, a copy of which shall be maintained in the files of the

Community Development Department. Project construction shall be consistent

with such plans, except as otherwise specified in these conditions of approval.

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2. Minor amendments to the approved Project shall be subject to approval by the

Director of Community Development. A significant change to the approved

Project, as determined by the Director, shall be subject to Planning Commission

Review.

3. 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 Codes is required prior to the

issuance of a building permit. Further, the Project shall comply with all

prerequisites to the issuance of demolition permit as set forth in the Municipal

Code and these conditions of approval before any such demolition permit shall

be issued.

4. The Project shall be limited to a maximum of 30 instructors and 8

instructors/staff present at any given time.

5. The Project shall operate between 2:00 PM – 8:00 PM, Monday through Friday.

6. The City expressly reserves jurisdiction relative to traffic and parking issues.

In the event that the Director of Community Development determines that

operation of the use at this site is having unanticipated traffic and/or parking

impacts, the Director shall require the Applicant to pay for a traffic and/or

parking demand analysis. After reviewing the traffic and/or parking demand

analysis and, if, in the opinion of the Director, the parking and/or traffic issues

merit review by the Planning Commission, the Director shall schedule a hearing

in front of the Planning Commission in accordance with the provisions of Title

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8

10 of the Beverly Hills Municipal Code. The Planning Commission shall

conduct a noticed public hearing regarding the parking and/or traffic issues and

may impose additional conditions as necessary to mitigate any unanticipated

traffic and/or parking impacts caused by the proposed Project, and the

Applicant shall forthwith comply with any additional conditions at its sole

expense.

Standard Conditions

7. APPEAL. The decision of the Planning Commission regarding the Conditional

Use Permit 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.

Appeals forms are available in the City Clerk’s office and an appeal fee is

required.

8. RECORDATION. This resolution approving a Conditional Use Permit shall

not become effective until the owner of the Project site records a covenant,

satisfactory in form and content to the City Attorney, accepting the conditions

of approval set forth in this resolution. The covenant shall include a copy of

this resolution as an exhibit. The Applicant shall deliver the executed covenant

to the Department of Community Development within 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 the Project shall be null and void and of no further effect.

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9

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.

9. EXPIRATION. Conditional Use Permit: The exercise of rights granted in such

approval shall be commenced within three (3) years of adoption of such

resolution unless otherwise extended in accordance with the provisions of

Section 10-3-1958 of the Beverly Hills Municipal Code.

10. VIOLATION OF CONDITIONS: A violation of any of these conditions of

approval may result in a termination of the entitlements granted herein.

11. 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.

///

///

///

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Section 8. The Secretary of the Planning Commission shall certify to the

passage, approval, and adoption of this resolution, and shall cause this resolution and his/her

Certification to be entered in the Book of Resolutions of the Planning Commission of the City.

Adopted: October 22, 2020

Peter I. Ostroff 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 Assistant Director / City Planner Community Development Department

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October 22, 2020

ATTACHMENT C

Public Noticing

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W PICO BLVD

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City of Beverly Hills 455 N. Rexford Drive Beverly Hills, California 90210 p (310) 285-1141 f (310) 858-5966 BeverlyHills.org

NOTICE OF PUBLIC HEARING

DATE: Thursday, October 22, 2020

TIME: 1:30 PM, or as soon thereafter as the matter may be heard

LOCATION: Meeting will be held via teleconference; details provided below

PROJECT 8950 W Olympic Boulevard, Suite 113 ADDRESS: (Cross Street: Almont Drive / La Peer Drive)

The Planning Commission of the City of Beverly Hills, at its REGULAR meeting on Thursday, October 22, 2020, will hold a public hearing beginning at 1:30 PM, or as soon thereafter as the matter may be heard to consider the following:

Conditional Use Permit: The proposed project includes a request for a Conditional Use Permit to allow the relocation of an existing educational institution (“Mathnasium”) within an existing shopping center located on the south side of Olympic Boulevard, between Almont Drive and La Peer Drive. The educational institution would occupy approximately 2,500 square feet of floor area on the first floor of the shopping center. The institution currently occupies a tenant space of approximately 990 square feet within the same shopping center. The proposed project would allow the applicant to continue offering tutoring to students on a small group basis while occupying a larger space. Proposed hours of operation are 9 AM – 9 PM Monday through Saturday, and 9 AM – 5 PM on Sundays. Pursuant to Beverly Hills Municipal Code §10-3-1604, educational institutions may operate within a C-3T-2 zone of the City through the issuance of a Conditional Use Permit.

This 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 for operational changes within an existing commercial facility in accordance with the requirements of Section 15303 of the state CEQA Guidelines. Accordingly, the Planning Commission will consider a recommendation to find the project exempt from the environmental review requirements of CEQA.

How To Participate Pursuant to Executive Order N-25-20, members of the Beverly Hills Planning Commission and staff may participate in this meeting via teleconference. In the interest of maintaining appropriate social distancing, members of the public can participate by listening to the Meeting at (888) 468-1195 (participant code 105093) and/or offer comment through email at [email protected]. Public comment can be offered during the meeting by calling (310) 285-1020. Written comments should identify the Agenda Item Number or Topic in the subject line of the email.

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In order to have written material included in the Commissioners’ packet, it must be received no later than 8 calendar days before the date of the Hearing. Comments will be read into the record, with a maximum allowance of 3 minutes per individual comment (approximately 350 words), subject to the Commission's discretion. It is recommended that written comments be submitted prior to the posted meeting date/time. If a comment is received after the agenda item is heard, but before the close of the meeting, the comment will still be included as a part of the record of the meeting, but will not be read into the record. According to Government Code Section 65009, if you challenge the City’s action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City, either at or prior to the public hearing. Please note that any comments received prior to or during the public hearing will be considered as part of the public record. If there are any questions regarding this notice, please contact Alvaro Gomez, Assistant Planner, in the Planning Division at (310) 285-1142, or by email at [email protected]. Copies of the project plans and associated application materials are on file in the Community Development Department, and can be reviewed by contacting the project planner listed on this notice.

Sincerely,

Alvaro Gomez, AICP, Assistant Planner Mailed: October 2, 2020

Members of the public may listen to this meeting telephonically at (916) 235-1420 or (888) 468-1195 (participant code 105093). Written public comment can be offered electronically prior to and during the meeting by emailing [email protected]. Oral public comment can be offered during the meeting by calling 310-285-1020. Live meeting coverage will be available via BHTV Channel 10 on Spectrum Cable and webcast live at www.beverlyhills.org/watchlive. If you are an individual with a disability and need a reasonable modification or accommodation pursuant to the Americans with Disabilities Act (ADA), please contact (310) 285-1126 prior to the meeting for assistance.

Sincerely,

i t t Plann

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October 22, 2020

ATTACHMENT D

Public Comments

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From: Jill Goldner <[email protected]>Sent: Thursday, August 20, 2020 4:23 PMTo: Alvaro GomezSubject: Mathnasium CAUTION: External SenderUse cau on when clicking links or opening a achments ________________________________ Hello When is the Mathasium neighborhood virtual mee ng? How many spaces does the shopping mall have?How many spaces will be allocated to Mathnasium thank you Jill [email protected]

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From: Jill Goldner <[email protected]>Sent: Monday, October 5, 2020 9:04 AMTo: CommentPC; Alvaro GomezSubject: CUP Mathnaisum reloca on wri en no ce CAUTION: External SenderUse cau on when clicking links or opening a achments ________________________________ Dear Planning Commission As i have stated in a previous email regarding the new development for mixed use, parking and traffic is very impactedbetween Doheny and La Peer south of Olympic. I am wri ng today about the reloca on and the impact of theenvironment due to the increased traffic and their new parking requirements as they triple in size. The La Peer ShoppingCenter has many businesses and limited parking in the facility. How will the shopping center support all the parkingtraffic? In the area south of Olympic between Doheny and La Peer we are severely impacted from other ‘condi onal use permits’that do not require parking as part of their business. Almont Drive, the 400 block has permit only parking leaving theother streets more impacted for the parking that will be required for a almost triple expansion. I would like to work with the planning commission on coming up with a safe livable solu on for all of us residents whocannot find a parking space in front of their own home even with parking restric ons; without enforcement there mustbe a more generous amount of spaces required for business to expand. We have many condi onal use permits old andnew in our neighborhood. How is it planning to piecemeal each job with no overall scope of impact working for us?comment. Wetherly Drive is like a super highway right now. Hillel Harkham project is only required to have 44 spaces with their proposed expansion. How is the possible that itwon’t affect the neighborhood when they need at least 60 plus spaces to accommodate staff. 44 classrooms? Where dothe administrators park? Janitors, Security, Catering, Teachers Aides? Where are they going to park? i am adamantlyagainst a CUP for this project because it does not have required parking. 44 spaces is negligible. Beth Jacob has NO PARKING and has a great need for their staff and membership. Presently they are providedresiden al parking permits with no repercussions for both the BN and EE permit areas. OGara Coach is reloca ng and will need parking. We do not believe valet parking will cover all this reloca on needsnor will it be safe. Starbucks and all the restaurants and businesses between Oakland and Almont do not have nearly enough parking toaccommodate their businesses. You can’t parking Olympic un l a er rush hour, so where do you think the customerspark? On residen al streets! While i am in favor of businesses growing and doing well I must insist a workable plan for the en re area be presented tothe neighborhood, not just piece mailing condi onal permits that overall will have a detrimental affect. One by one hasall my rela ves and visitors parking far from my home to visit. It is unfair to the residents! The planning commission musthave an overall scope of development. This one by one CUP is not working for us. respec ully submi ed Jill [email protected] south Wetherly DriveBeverly Hills, CA 90211

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Planning Commission Report8950 West Olympic Boulevard

October 22, 2020

ATTACHMENT E

Summary of Business Operations, Floor Plans, and Shopping Center Tenants

(Plans Attached Separately)

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10250 Constellation Blvd. 19th Floor Los Angeles, CA 90067 310.553.3000 TEL 310.556.2920 FAX

1903093.1

September 21, 2020

VIA E-MAIL Mr. Alvaro Gomez Community Development Department City of Beverly Hills 455 North Rexford Drive Beverly Hills, California 90201 [email protected]

Re: Application for a Conditional Use Permit (PL2000236) for Mathnasium at

8950 West Olympic Boulevard

Dear Mr. Gomez:

I am writing on behalf of my client, Beverly Hills Plaza LLC, which is seeking the Conditional Use Permit referenced above to allow its tenant, Mathnasium, to move to and operate out of a larger space in the shopping center located at 8950 West Olympic Boulevard, Beverly Hills, California 90211 (“Shopping Center”). This correspondence is in response to your letter dated September 5, 2020 (“Letter”), attached as Exhibit A, which identifies additional forms, materials, and information required by the City to deem the application for the above-referenced Conditional Use Permit complete. It is our intention that this correspondence and its attachments will address the issues raised in the Letter and render the application deemed complete. Neighborhood Meeting Affidavit Attached to this letter as Exhibit B is the signed Neighborhood Meeting Affidavit certifying the date, time, and location of the neighborhood meeting. The publicly-noticed meeting was held virtually on July 20, 2020, consistent with guidance provided by the Community Development Department for conducting a public meeting during the pandemic. We appreciated your attendance and the opportunity to address your questions about the project and discuss the benefits it will bring to the community. Floor Plan Also attached as Exhibit C is a proposed floor plan for Mathnasium. This document, paired with the site plan previously provided, provides context and details for the anticipated physical operation of Mathnasium: the entirety of the Shopping Center, the

Eric N. Geier Direct Dial 310.556.7816 Direct Fax 310.843.2616 Email [email protected]

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Mr. Alvaro Gomez September 21, 2020 Page 2

1903093.1

new floor plan for unit 113, and how seating and tables will be arranged for students to learn at that location. Use Specific Details Due to COVID, Mathnasium changed its business model from unscheduled drop ins at parent/student convenience to scheduled sixty-minute sessions only. Attendance is limited to twelve students per hour, and this limitation is anticipated to stay in place in the larger space while COVID-related safety measures remain in place. Hours of operation for students are currently 3:30PM-7:30PM, Monday-Friday. By this writing, we are seeking to modify the permitted hours of instruction in the application to 2:00PM-8:00PM, Monday-Friday. Post-COVID, Mathnasium anticipates continuing the scheduled sessions, with up to thirty students attending each hour on the hour, and eight staff members (seven instructors and one manager) supervising the students. Mathnasium estimates twenty of the thirty students to be elementary and middle school age (7-13 years old), with the balance being high school age (14-17 years old). The 6:30PM-7:30PM shift sees a decrease in student attendance by approximately 40%, with a corresponding reduction in the number of instructors, from seven to four. Student participation is seasonal, with the Summer months seeing approximately 75% of school year’s attendance. Students attending these sessions are almost exclusively dropped off and later picked up, with the parent dropping them off leaving the site during the session. Mathnasium’s operator estimates that no more than one or two parents a day remain parked on the Shopping Center’s premises and frequent other businesses there; this is consistent with other Mathnasium locations in the region. Less than five students a day come to the premises by bicycle. Site-Specific Details Currently, the Shopping Center enjoys a mix of services, dining, and office uses, a list of current tenants is attached as Exhibit D. Of the twenty-eight units in the Shopping Center, three are currently vacant, including unit 113, the subject of this Conditional Use Permit. If this Conditional Use Permit is granted, there will still be three vacancies as Mathnasium currently occupies unit 106 at the Shopping Center. The Karate studio, encompassing two units, is currently closed due to COVID regulations. Almost all of the tenants have expressed that they are generating reduced revenue due to COVID and a degree of uncertainty for future operations. The Shopping Center is producing significantly less revenue, collecting approximately 45% less rent than anticipated, due to vacancies, partial rent payments, and nonpayment in some cases.

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Mr. Alvaro Gomez September 21, 2020 Page 3

1903093.1

Pre-COVID, the Shopping Center utilized two parking attendants and one security guard working staggered shifts on site. Based on the parking layout, parking attendants do not valet park the cars but rather direct vehicles to appropriate, available spaces. Due the current COVID-related economic conditions, no parking attendants are on site as the cost of maintaining the service is unsustainable given the lack of need and reduced revenue being generated. Since parking attendant service has been suspended, there have been no parking-related problems in the Shopping Center. Peak parking hours are typically Thursday, Friday, and Saturday from 2:00 PM-5:00 PM. Though some of these hours overlap with Mathnasium’s hours of operation, parking remains available to anyone visiting the site at these times, largely because the parking used by Mathnasium is negligible.1 Mathnasium’s operation has never triggered any parking or traffic issues.

October will mark the thirty-third year of the Shopping Center’s operation. During that time, parking has constantly been examined and refined to ensure its tenants’ patrons can access the location without burdening the parking on neighboring streets. No vehicle is ever turned away from the parking lots on site at the property. Thank you for the time and attention that you have put into this matter thus far. We appreciate the feedback you have provided to help ensure this application is complete, and believe this letter and its enclosures address the issues previously raised. Should you require additional materials or further clarification of those provided, please do not hesitate to contact me. Sincerely,

ERIC GEIER for GLASER WEIL FINK HOWARD AVCHEN & SHAPIRO LLP

ENG:eg

Enclosures

1 Though parking demand is certainly reduced due to COVID, it is worth emphasizing that pre-COVID, there was always adequate parking on site during these peak hours.

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Exhibit C3-42

Exhibit D3-44


October 22, 2020

ATTACHMENT F

2015 Mathnasium Planning Commission Report

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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 Finding B. Draft Resolution C. Applicant Summary of Business Operations/floor plan D. Public Notice E. Shopping Center Plans F. Resolution 440 G. Urgency Ordinance 85-0-1956 H. Traffic Count Information

Report Author and Contact Information: Alek Miller

(310) 285-1196 [email protected]

Meeting Date: April 23, 2015 Subject: 8950 Olympic Boulevard

Conditional Use Permit Request for a Conditional Use Permit to allow an educational institution to occupy approximately 990 square feet of an existing commercial building (mini shopping center) located on Olympic Boulevard between South La Peer Drive and South Almont Drive. PROJECT APPLICANT: David Peddie, Mathnasium

Recommendation: That the Planning Commission:

1. Conduct a public hearing and receive testimony on the Project; and 2. Adopt the attached resolution conditionally approving a Conditional Use Permit

to allow the proposed educational use. REPORT SUMMARY A request for a Conditional Use Permit has been made to allow the establishment of an approximately 990 square foot math tutoring center for children (educational institution) within an existing commercial building (mini shopping center) located at 8950 Olympic Boulevard. As proposed, the educational institution would occupy a suite, currently vacant, on the building’s ground floor. The project will include limited interior modifications consistent with a typical tenant improvement in a commercial building. This report details the physical context of the project and its vicinity; outlines the findings that need to be made in order to grant the CUP; and analyzes the proposed use of the property. This report also includes a summary of the potential pros and cons associated with the project. Based on the analysis contained in this report, the proposed project is not expected to result in any significantly adverse impacts and the recommendation is for approval of the project.

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Planning Commission Report: April 23, 2015 8950 Olympic Boulevard, Suite 106 – Mathnasium Page 2 of 7

BACKGROUND File Date 3/17/2015 Application Complete 3/26/2015 Subdivision Deadline N/A CEQA Determination Class 1 categorical exemption for limited modifications to an existing

commercial building Permit Streamlining Act

Take action on project within 60 days of CEQA determination

Applicant(s) David Peddie, Mathnasium Owner(s) Mitchell Weiss, Weiss Development Representative(s) David Peddie, Mathnasium Prior PC Action Resolution 440, approved February 24, 1986. This resolution approved

development of a mini shopping center at 8930-54 Olympic Boulevard with conditions.

Prior Council Action Urgency Ordinance 85-0-1956, approved October 31, 1985. This ordinance established the discretionary process for approval of commercial mini shopping center development within the City.

CC/PC Liaison None CHC Review None PROPERTY AND NEIGHBORHOOD SETTING Property Information Address 8950 Olympic Boulevard, Suite 106 Assessor’s Parcel No. 4332-009-038 Zoning District C-3T-2 General Plan General Commercial – Low Density Existing Land Use(s) Mini Shopping Center (Commercial) Lot Dimensions & Area Approx. 120 ft. by 250 ft.

Area approx. 30,056 sq. ft. Year Built 1988 Historic Resource Not applicable Protected Trees/Grove None Transitional Use Ordinance Applies Adjacent Zoning and Land Uses North (across Olympic) C-3T-2 – Commercial East (across La Peer) C-3T-2 – Commercial South (to rear of shopping center)

R-1 – Single-Family Residential

West (across Almont) C-3T-2 – Commercial Circulation and Parking Adjacent Street(s) Olympic Boulevard, South La Peer Drive, and South Almont Drive Traffic Volume Average Daily Trips on Olympic Boulevard: Approx. 19,800 EB and 18,200

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WB (approx. 38,000 total) Average Daily Trips on South La Peer Drive: 4,300 Average Daily Trips on South Almont Drive: 900

Adjacent Alleys 20’ rear alley Parkways & Sidewalks Olympic Boulevard – 20’ parkway and sidewalk

La Peer Drive – 12’ parkway and sidewalk Almont Drive – 12’ parkway and sidewalk

Neighborhood Character The project site is located on the south side of Olympic Boulevard between South La Peer Drive and South Almont Drive. The project site is immediately bordered by commercial uses (C-3T-2 zone) on three sides and single-family residential (R-1 zone) on the south side. Across Olympic Boulevard to the north are two single-story commercial buildings that are currently vacant and a surface parking lot. To the east on Olympic Boulevard, across South La Peer Drive, there are single-story commercial properties. Across South Almont Drive to the west of the project site, there is a surface parking lot and service garages ancillary to the Beverly Hills Infiniti dealership located at 9001 Olympic Boulevard. The project site is bordered by one- and two- story single-family homes to the south on both Almont Drive and La Peer Drive. Olympic Boulevard is a wide and busy travel corridor with relatively high traffic volumes compared to South Almont and La Peer Drives, which are two-way residential streets with low traffic volumes. At two stories in height and occupying over 30,000 square feet of land, the subject mini shopping center is generally larger than surrounding development; however, there are instances of other two-story office buildings and shopping centers in the area along Olympic Boulevard. The proposed project would affect only on-site operations of the building, and would not result in changes to the existing neighborhood character.

Project Site Aerial View

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PROJECT DESCRIPTION The proposed project consists of the establishment of an approximately 990 square foot tutoring center, or educational institution, within a portion of the ground floor of the existing commercial building at the subject property. As proposed, the space would be comprised of a single open space with three tables for tutoring on a small group basis, a waiting area, and storage area. As proposed, Mathnasium tutors would meet with students at a ratio of one instructor per four students. A summary of the proposed business operations and floor plan for Mathnasium has been provided in Attachment C. The existing commercial building was constructed in 1988 and has a total floor area of approximately 28,000 square feet, which means that the proposed educational institution would occupy less than 3.5% of the building’s total floor area. Parking for the subject property is provided in a subterranean parking garage and a surface parking lot, accessed from driveways on Olympic Boulevard and South La Peer Drive. The educational institution would be accessed through the entrance facing Olympic Boulevard, either from the elevators or stairway from the building’s parking garage, through the surface parking lot, or from the mini shopping center’s sidewalk access.

Project Site Viewed from La Peer Drive

Project Site Viewed from Olympic Boulevard

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Planning Commission Report: April 23, 2015 8950 Olympic Boulevard, Suite 106 – Mathnasium Page 5 of 8 Required Entitlements. As proposed, the project requires the following entitlement in order to be established:

Conditional Use Permit: Pursuant to BHMC §10-3-1604, educational institutions are conditionally permitted uses in the C-3T-2 zone.

GENERAL PLAN1 POLICIES The General Plan includes numerous goals and policies intended to help guide development in the City. Some policies relevant to the Planning Commission’s review of the project include:

Policy LU 15.1 Economic Vitality and Business Revenue. Sustain a vigorous economy by supporting businesses that contribute revenue, quality services, and high-paying jobs.

Policy LU 16.3 Equitable Distribution of Uses and Amenities. Strive to ensure that services and

neighborhood amenities are distributed equitably throughout the city.

Policy ES 1.5 Attract New Businesses and Industries. Consistent with future economic sustainability plans, encourage and attract new businesses in existing industries and new industries to locate and expand within the City in order to ensure a diverse, leading-edge business community.

Goal ES 3 Enhanced Commercial Corridors. Enhanced corridors that expand and nurture development opportunities outside of the Business Triangle, such as along South Beverly Drive and Robertson, Olympic, South Santa Monica, and the eastern portion of Wilshire Boulevard.

ENVIRONMENTAL ASSESSMENT The Project has been assessed in accordance with the authority and criteria contained in 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. Projects which involve the operation and permitting of uses within an existing building involving negligible or no expansion of use are categorically exempt from CEQA pursuant to Section 15301 (Class 1) of the State CEQA Guidelines. The project includes limited interior modifications consistent with a typical tenant improvement. Therefore, this project has been determined to be exempt from further environmental review.

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

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Planning Commission Report: April 23, 2015 8950 Olympic Boulevard, Suite 106 – Mathnasium Page 6 of 8 PUBLIC OUTREACH AND NOTIFICATION

Type of Notice Required Period

Required Notice Date

Actual Notice Date Actual Period

Posted Notice N/A N/A 4/17/2015 6 Days Newspaper Notice 10 Days 4/13/2015 4/10/2015 13 Days Mailed Notice (Owners & Occupants - 500' Radius plus block-face)

5 Days 4/18/2015 4/10/2015 13 Days

Property Posting 10 Days 4/13/2015 4/10/2015 13 Days Agenda on Website N/A N/A 4/17/2015 6 Days

Public Comment The City has not received any comments or letters concerning the project as of the writing of this report. ANALYSIS2 Project approval, conditional approval, or denial is based upon specific findings for each discretionary application requested by the applicant. The specific findings that must be made in order to approve the project are provided as Attachment A to this report, and may be used to guide the Planning Commission’s deliberation of the subject project. In reviewing the requested entitlement, the Commission may wish to consider the following information as it relates to the project and required findings:

Previous Approvals. When the mini shopping center was approved for development pursuant to Planning Commission Resolution 440, adopted in 1986, approval for the mini shopping center included three operational conditions that would apply to the proposed business. First, free parking must be provided for both customers and employees. Second, all businesses must close no later than 10:00 PM. Third, the Planning Commission established the maximum traffic thresholds that the shopping center may not exceed as a whole. The thresholds were derived from City Council Urgency Ordinance 85-0-1956 that was passed in 1985 in order to regulate mini shopping centers; these traffic thresholds and other restrictions on mini shopping centers were later added to the zoning code. Both Resolution 440 and Ordinance 85-0-1956 are included here as Attachments F and G. The “Trip Generation” section of this report provides additional detail on the trips generated by the shopping center and how the proposed use may affect trips there. Educational Use. The subject property is located outside the Business Triangle at the eastern end of the City in a commercial zone. The Municipal Code allows educational institutions to be located in commercial zones with the approval of a Conditional Use Permit. The proposed use for this site is a math tutoring service for children of all ages that offers instruction on a small group basis and does not offer the large group classes that may typically be associated with educational uses. The proposed operating hours are 3:00 PM to 7:00 PM Monday through Thursday and 1:00 PM to 5:00

2 The information provided in this section is based on analysis prepared by the report author prior to the public

hearing. The Planning Commission in its review of the administrative record and based on public testimony may reach a different conclusion from that presented in this report and may choose to make alternate findings. A change to the findings may result in a final action that is different from the staff recommended action in this report.

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PM on Sunday. The applicant proposes to operate the tutoring center on an appointment basis, with a maximum of four students per instructor and a maximum of 15 students and instructors at any one time. It is noted that there could be parents or students waiting on-site between appointments. Pursuant to the operational plan of the business, the proposed educational use is not expected to be detrimental to adjacent property or the public welfare. Parking. The existing property has parking provided at a rate of one space per 350 square feet of building floor area, which is consistent with current code for commercial uses. Because the proposed educational use is not organized as assembly space, the required parking rate is one space per 350 square feet, which is required for commercial space not otherwise specified in the code. In total, 81 full-size, independent parking spaces are provided on-site in the subterranean parking structure and the surface parking lot, with additional compact or tandem spaces provided in excess of code requirements. There are two parking attendants on-site to direct drivers to available spaces and to ensure turnover in the 15 short-term (15-minute) spaces in the surface parking lot; there is a third parking attendant in the subterranean parking lot. Staff has observed, and the property owner and parking attendants confirmed that the peak parking usage occurs between 11:00 AM and 1:00 PM. Pursuant to Planning Commission Resolution 440 approving the mini shopping center, all employees and customers shall be provided with free on-site parking. Employees of the tutoring center will be allocated two reserved parking spaces in the subterranean parking lot and the third employee will park in an available space. It is anticipated that most students or parents would park in the private subterranean garage or parents would drop students off in the surface parking lot, where short-term (15-minute) parking is located. No parking impacts are anticipated to result from issuance of this CUP, given that the site has parking in excess of 1 space per 350 square feet and the proposed business operating hours will occur outside of peak parking demand periods. Trip Generation. Urgency Ordinance 85-0-1956 and Planning Commission Resolution 440 limit the shopping center to a maximum number of trips generated per hour and per day. The maximum number of trips for the shopping center as a whole may not substantially exceed either 16 vehicle trips per hour per 1,000 square feet of floor area or 200 vehicle trips per day per 1,000 square feet of floor area. Accordingly, at 28,000 square feet of floor area, the shopping center may not exceed 448 vehicle trips per hour or 5,600 vehicle trips per day. Because of these limits, staff arranged for a consultant to count trip volumes during the proposed hours of weekday operation. The proposed hours of operation are 3:00 PM to 7:00 PM. The counts were conducted between 2:00 PM and 7:00 PM to capture the time prior to the first appointments that the tutoring center would offer and because the mini shopping center’s peak trip volumes occur prior to 3:00 PM. Over five hours of observation, the Olympic Boulevard driveway saw a total of 155 entries and exits, the La Peer driveway had 402, and the subterranean garage had 109 vehicle entries and exits – a total of 666 vehicles arriving and departing. This is an average of approximately 133 entries and exits per hour, or 67 trips to the shopping center per hour. A conservative estimate would anticipate an additional 15 trips per hour to the shopping center generated by the proposed use, which would increase the average hourly number of trips to 82. This is far below the maximum allowed trips generated by the shopping center (448 per hour) set by Urgency Ordinance 85-0-1956 and Resolution 440. Attachment H provides a snapshot of the present trips to the shopping center

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during the proposed weekday operating hours: the counts were conducted on Wednesday April 1 and Wednesday, April 8, 2015 at the three driveways of the mini shopping center. Based on this traffic count, the highest volume of people arriving and departing the project site during the proposed hours of operation will be during the early afternoon period, with the current peak during this period from 2:15-3:15 PM. It is also noted that the proposed project site is within 1.5 miles of three schools (Beverly Vista School, Horace Mann School, and Beverly Hills High School) and it is conceivable that some students may arrive at the tutoring center on foot, bicycle, or on transit. On the first day the study was conducted, approximately 18 trips were made to the project site by pedestrians or bicyclists during the five-hour period.

Potential Pros and Cons. A summary of the potential pros and cons identified by staff and discussed above in this report are summarized below for consideration by the Planning Commission:

Potential Pros Potential Cons

Filling a vacancy in a commercial building outside the Business Triangle on an important business corridor (Olympic Boulevard).

The proposed use will be compatible with its surroundings pursuant to staff’s analysis.

Establishing an educational use in a commercial building may result in parking and traffic problems if the educational institution changes its operating hours or expands to accommodate more students at a time. Staff has proposed conditions to address these concerns.

NEXT STEPS It is recommended that the Planning Commission conduct the public hearing and adopt a resolution conditionally approving the Conditional Use Permit. Alternatively, the Planning Commission may consider the following actions: 1. Approve the project with modified findings or conditions of approval. 2. Deny the project, or portions of the project, based on specific findings. 3. Direct staff or applicant as appropriate and continue the hearing to a date (un)certain, consistent

with permit processing timelines. Report Reviewed By: Michele McGrath, Principal Planner

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October 22, 2020

ATTACHMENT G

2015 Traffic Count Information

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October 22, 2020

ATTACHMENT H

Beverly Hills Planning Commission Resolution 1745, Resolution 440, and Ordinance 85-0-1956

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Planning Commission Report - Granicus

Documents

Transcript of Planning Commission Report - Granicus