During the Jan. 30 Planning Commission Special Meeting, the commission voted to prohibit the installation of synthetic turf in residential front yards, following a recent change in state law regarding synthetic turf. The commission also discussed and approved the development project at 8800 Burton Way.
Historically, the city of Beverly Hills did not allow synthetic turf to be installed in residential front yards. However, in 2015, the City Council was required to adopt an ordinance to allow synthetic turf in residential front yards as part of state-mandated drought-response efforts. During this time, a total of 42 permits for synthetic turf installations were issued, with 24 of these having been utilized by homeowners. Recent concerns about public health issues related to synthetic turf, including microplastic pollution and chemical runoff, led to the enactment of Senate Bill 676 last year. This reinstated local authority control to revise or prohibit the use of synthetic turf, with the Planning Commission deciding which changes to make in light of this new bill.
Vice Chair Jeff Wolfe proposed returning to a ban of synthetic turf. He said, “I would be in favor of going back to what the city wanted before the state intervened.”
All three fellow commissioners (Chair Terri Kaplan was absent for this meeting) agreed with Wolfe’s suggestion that the ordinance should be revised to no longer allow synthetic turf in front yards under any circumstances.
Commission members were, however, divided over whether to make a recommendation on grandfathering; in other words, holding existing artificial turf owners responsible for removing artificial turf they have already installed.
Commissioner Gary Ross emphasized the importance of not applying any retroactive changes to the ordinance. “I would not place any limits or prohibitions on existing turf that’s already in place, other than a continuing obligation for maintenance. I wouldn’t want to be punitive to people that already have [turf installed]. I just don’t think that’s fair,” Ross said.
However, Commissioner Lou Milkowski raised hesitations with this idea, stating that older variations of synthetic turf are more at risk of containing harmful chemicals that could get into the city’s water system. “We could possibly have some sort of remuneration, so it’s not as punitive for those that were trying to do a good thing for water conservation,” Milkowski said.
Ultimately, the commission decided on a provision in the ordinance that allows existing turf to be grandfathered with a sunset clause. This means that existing artificial turf is allowed to remain in place, for a period of time yet to be determined by city staff following the outcome of research into how long synthetic turf should last before it needs to be replaced.
The commission also discussed the construction of a new six-story, 24-unit mixed-use building at 8800 Burton Way, on the southwestern corner of Burton Way and North Robertson Boulevard. The project will provide three very low-income housing units, with the other 21 units priced at market rate as well as ground-floor commercial retail and 42 parking spaces. The project site is currently a one-story commercial building and surface parking lot that would be demolished.
The project is requesting a density bonus permit to allow a 50% density bonus, including two concessions for additional height and an additional story. Based on the municipal code, the site is allowed a base density of 20 units and due to their provisions for very low-income housing are entitled to a 50% density bonus, or 10 additional units. However, the applicant has chosen instead to provide only four additional units. As a result, they are utilizing only 20% of the maximum 50% density bonus they are entitled to.
Public comments were mixed, with some residents expressing concern over the potential increased traffic to the area and feeling that there is no need for further retail developments near Burton Way or Robertson Boulevard. Other residents supported the construction of the development, considering the positive impact the development would have on the area’s aesthetic appeal and the local economy.
The proposed development will be located in the Mixed-Use Overlay Zone, which allows for the construction of projects with both residential and commercial uses in certain areas of the city. The Mixed-Use Overlay Zone is expected to provide the most significant opportunities for additional housing in Beverly Hills over the next eight years, according to the city’s 2021-2029 Housing Element.
“As an advocate of the Mixed-Use Overlay Zone, I’m really pleased to see it being used because that’s what it was meant for, to take the commercial areas and make them into mixed-use so that we could have commercial, retail and apartments,” said Commissioner Myra Demeter.
Wolfe asked about the stipulations for electric vehicle (EV) charging and whether the developers would consider extending current provisions. Since there will be four commercial parking spaces provided in the new development, the plan currently allocates two of these to be complete EV-ready charging spaces alongside an additional space that will have the electric capability to also be converted into an EV charging space later down the line. For the residential parking spaces, there will be 16 EV-ready spaces and an additional four with EV capability. The developers indicated a willingness to install more EV chargers or provide wider access to 220-volt outlets.
The architect for 8800 Burton Way, Farhad Ashofteh, informed the commission that the building is planning to provide solar panels to help provide the energy that will be used to charge EVs. “All of these things are benefits to the project and the developers would not do something that doesn’t accommodate the tenants. We want to make sure we have all of the facilities needed for good-quality living in this building,” Ashofteh said.
“I think this is a great project. I compliment the applicant, their attorney and their architect for designing such a beautiful project that will activate and animate a corner that’s currently laying low, in a thoughtful way the city will enjoy numerous benefits from. And this certainly isn’t a project where the applicant has taken advantage,” Ross said.
All commission members voted in favor of the project, with the added condition that the applicant agrees to provide 220-volt outlet sources within 15 feet of each residential parking space.
As a result, the Planning Commission proposed a resolution to conditionally approve a development plan review and density bonus permit to allow for the construction of the building at 8800 Burton Way.
