PENDING ORDINANCES
ORDINANCE NO.  20-O-2803
AN ORDINANCE OF THE CITY OF BEVERLY HILLS APPROVING THE FIRST AMENDMENT TO A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND OASIS WEST REALTY, LLC FOR CONSTRUCTION OF A RESIDENTIAL AND HOTEL DEVELOPMENT AT 9876 WILSHIRE BOULEVARD
      THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY ORDAINS AS FOLLOWS:
Section 1.     The City of Beverly Hills (“City”) and Oasis West Realty, LLC, (“Developer”) entered into that certain development agreement (the “Development Agreement” herein), recorded as instrument No. 20082184012 on December 11, 2008, in connection with the redevelopment of the Beverly Hilton Hotel site, located at 9876 Wilshire Boulevard, to add a new twelve-story luxury hotel; renovation of the existing Beverly Hills Hilton Hotel to add restaurant space, construct a new two-story conference center, and reconstruct the hotel’s pool areas; and construction of two residential condominium buildings, one eight stories tall and one eighteen stories tall (the “Project”).
Section 2.   Developer has requested an amendment (the “First Amendment”) to the Development Agreement to give Developer the option to execute up to five (5) additional one-year extensions, for a total of ten (10) possible one-year extensions.  The First Amendment to the Development Agreement is attached hereto as Exhibit A, and is hereby incorporated herein. 
Section 3.   The First Amendment has been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.) (“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.), and the City’s Local CEQA Guidelines. The City previously prepared and certified a final Environmental Impact Report (“EIR”) for the 9876 Wilshire Project (State Clearinghouse No. 2006091053), and this EIR remains valid in assessing the environmental impacts associated with the First Amendment.  There have been no changes in circumstances, new information, or changes in the Project that warrant further CEQA analysis.  All previously identified mitigation measures remain in full force and effect.  No changes to the CEQA findings adopted in conjunction with the Project and the Development Agreement are made necessary by the First Amendment, and the City Council finds the First Amendment to be within the scope of the Final EIR’s analysis.  The City Council further finds that it can be seen with certainty that the requested extension options do not have the potential to cause a significant effect on the environment, and thus the First Amendment is exempt from further environmental review pursuant to State CEQA Guidelines Section 15061(B)(3).
Section 4.     On February 13, 2020, the Planning Commission conducted a duly noticed public hearing to consider the First Amendment.  At the close of that hearing, the Planning Commission adopted Resolution No. 1909, recommending that the City Council approve the First Amendment.
Section 5.   On February 18, 2020 the City Council conducted a duly noticed public hearing to consider the First Amendment, and agreed to provide the option for annual extensions of the Development Agreement through June 30, 2026, with a $1,000,000 extension payment for each one-year extension.
Section 6.   The City Council hereby approves the First Amendment, as set forth in Exhibit A, and authorizes the Mayor to execute the Development Agreement on behalf of the City. 
Section 7.   No later than ten (10) days after the effective date of this Ordinance, the City Clerk shall record with the County Recorder a copy of the Development Agreement and the notice shall describe the land to which such contract applies. 
Section 8.     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 this certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City.
Section 9.   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.
Adopted: February 27, 2020
   Effective: March 29, 2020
 
_____________________________
JOHN A. MIRISCH
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            GEORGE CHAVEZ
City Attorney                  City Manager
 
______________________________
SUSAN HEALY KEENE, AICP
Director of Community Development
 
EXHIBIT A
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT