The building’s rooftop restaurant will overlook Beverly Gardens Park, with a view of the Hollywood Sign and downtown Beverly Hills. However, music will be prohibited at all times. (photo by Tabor Brewster)

The Beverly Hills Planning Commission on Feb. 13 conditionally approved a rooftop dining use permit for a future restaurant located at 499 N. Cañon Drive. Under the conditions of the permit, the restaurant will be prohibited from playing music – whether live or recorded.

The restaurant space will sit atop an existing four-story building adjacent to Beverly Gardens Park and the Wallis Annenberg Center for the Performing Arts. The existing building currently contains four stories of commercial space and a two-level parking structure. It is bordered by North Santa Monica Boulevard to the north, North Canon Drive to the east and South Santa Monica Boulevard to the south.

The open-air dining area will total 2,765 square feet, with a 182-square-foot bar area and a 270-square-foot kitchen. The restaurant space will have 128 seats, a new elevator tower alongside an existing staircase, a new planter box surrounding the perimeter and a nine-foot-tall trellis structure with a retractable canvas cover. An existing penthouse structure will be converted into restrooms.

The building is owned by Shawn Far, who is also the applicant for the project. Far is the owner of Vertigo USA – a women’s clothing brand, Casa Vertigo – an event space in Downtown Los Angeles and the Fine Arts Theatre in Beverly Hills. The planned rooftop space was designed by Hamid Gabbay, a Beverly Hills architect and former chair of the Planning Commission.

“The view from this rooftop is absolutely exceptional,” Gabbay said. “You can really see the Hollywood Hills and downtown [Beverly Hills].”

In a public comment, one nearby resident expressed concerns over possible noise emanating from the planned restaurant.

“I have no problem with a rooftop venue as long as there’s no noise, particularly any noise after 10 p.m. when the residents want to sleep,” said Alan Berro, who lives on Park Way, which is immediately north of Beverly Gardens Park. “The sound does carry quite far from the fourth floor. We learned that in the prior experience with the building across the street.”

Members of the Planning Commission echoed Berro’s concerns and questioned the applicant on noise reduction, given that the applicant had initially requested that the restaurant be permitted to stay open until 10 p.m. on weekdays and 11 p.m. on Saturdays. Plans also called for music to be played in the dining area through a speaker system and occasional live entertainment with up to two performers.

A staff report on the project stated that a noise study was not conducted and the applicant did not reach out to neighbors to seek feedback on any aspect of the project, including noise. Residents within 500 feet of the building did, however, receive a legally-required notice from the city on the project. The commissioners added that they were not invited to conduct a site visit at the property.

“Although we were concerned about the noise level, we didn’t believe that the noise could travel all the way through Santa Monica [Boulevard], the lily pond, Park Way and get to the neighbors to the north … that’s the reason we didn’t go all the way to knock on somebody’s door,” Gabbay said.

Due to the concerns over noise, the commissioners initially said they could not vote to approve the project.

“I am very excited about the thought of a wonderful outdoor eating venue where there’s a view … It’s a unique location where you can see both the Hollywood sign as well as Santa Monica, etcetera. It’s in a great location,” Commissioner Myra Demeter said. “I would like to work with [the applicant] to make it the best project we can so that I would feel comfortable voting for it.”

However, in response, Far said he would prohibit recorded music and live entertainment in a lease agreement with any potential restaurant operator to gain approval from the commission. If a restaurant operator wants to play music on the roof, he will return to the Planning Commission to seek approval for a permit amendment, Far said.

With the added condition that any and all music, live entertainment or amplified sound is prohibited in the outdoor dining area, the commission unanimously agreed to approve the project. Additionally, no speakers may be installed in the outdoor dining area under the agreement.

A restaurant operator has not yet entered a lease agreement to rent the future space. Far said he is currently having discussions with potential operators interested in the location.

“This is going to be one of the best restaurants in [the] city of Beverly Hills, or even [the] city of West Hollywood, Century City or anywhere,” Far said.