Dealership TBTFW specializes in high-end and exotic automobiles at 9737 Wilshire Blvd. (photo by Tabor Brewster)

The Beverly Hills Planning Commission voted 3-1 on Sept. 10 to extend the conditional use permit for luxury vehicle dealership TBTFW for two years, despite concerns over past delivery violations that prompted complaints from nearby residents and businesses.

The commission also approved revised delivery rules intended to address traffic, parking and loading concerns near the dealership at 9737 Wilshire Blvd.

City staff had recommended a one-year extension, but attorney Murray Fischer, representing the applicant, asked commissioners for a two-year extension, citing hardships the business faced over the approval process.

Fischer said TBTFW had been a successful business and contributed to the city’s economy.

“We believe that we have brought a lot of goodwill to the city of Beverly Hills,” Fischer said. “We have brought a lot of people into the city. We’re using the hotels, we’re using the restaurants, et cetera, and providing a good economic base for the city.”

Commission Vice Chair Gary Ross and Chair Lou Milkowski supported extending the permit for two years. Commissioner Terri Kaplan said she preferred having the business return after one year, while Commissioner Jeff Wolfe voted against the renewal entirely.

City staff previously found that TBTFW had conducted vehicle loading and unloading outside the procedures approved by the Planning Commission and beyond the limits of its public right-of-way permit, resulting in complaints about traffic, parking and noise.

As part of the new operating framework, Public Works plans to establish a commercial loading zone along North Linden Drive between South Santa Monica Boulevard and Wilshire Boulevard. Two metered parking spaces will be removed and one will be relocated to create approximately 65 feet of loading space.

“The need for a commercial loading zone outweighed the need for consumer parking,” said Ara Retchian, associate project manager for the Beverly Hills Public Works Department.

The loading zone will be available to TBTFW and other businesses in the area. Public Works had previously determined that demand for commercial loading in the vicinity justified creating a dedicated loading area.

The revised permit also allows delivery vehicles to use the public right-of-way under a traffic control plan approved by the city engineer, which will govern the days, times, locations and manner of deliveries.

Wolfe said the new loading zone was a reasonable solution but maintained that he could not make the required finding that the dealership had operated in accordance with its prior approval.

“Just because there was one reported violation that was confirmed doesn’t mean that there was one violation during this entire time,” Wolfe said. “I saw violations myself, there were photographs of violations, at the last hearing the applicant themselves acknowledged that the reason why so many delivery trucks were coming was because they couldn’t control their delivery trucks.”

Wolfe said he supported the concept of a loading zone for businesses in the area, though he had concerns about the loss of parking.

“Last time I was not able to make the renewal finding that the business was operating in a manner approved by the Planning Commission and that simply hasn’t changed for me,” Wolfe said. “So I still am not able to make the findings supporting the renewal.”

Dr. Stuart Kaplan, who said he lives on South Linden Drive and has a dermatology office nearby, spoke in support of the dealership in a public comment.

Kaplan said he had not witnessed problems involving loading or unloading and praised the showroom’s effect on the area.

“It basically takes a regular corner and makes it into something not just beautiful if you like cars, but screaming Beverly Hills and really adding to the luster and reputation of Beverly Hills,” Kaplan said.

Ross said he supported nearly all of the proposed changes and was comfortable with a two-year term.

Milkowski said the volume of commercial deliveries in the area made him “heartily” supportive of the new loading zone and said he was also comfortable extending the permit for two years.

The permit had originally been structured to expire after one year. Under the amended approval, the city retains authority to bring the dealership back before the Planning Commission before the end of the two-year period if Community Development officials believe the business is violating its conditions.