Item E-1 Agenda Report — Beverly Hills City Council, February 8, 2022

AGENDA REPORT
Meeting Date: February 8, 2022
Item Number:

To: Honorable Mayor & City Council
From: Ryan Gohlich, AICP, Director of Community Development Alvaro Gomez, AICP, Associate Planner
Subject: AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING BEVERLY HILLS MUNICIPAL CODE §10-3-100 AND §10-3-2730.4 TO

REVISE REQUIREMENTS FOR ALTERNATIVE PARKING FACILITIES

LOCATED IN NON-RESIDENTIAL ZONES AND FINDING THE

AMENDMENTS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT.

Attachments: 1. Ordinance

2. Planning Commission Staff Report (11/18/21)

3. Planning Commission Resolution No. 1965

4. Planning Commission Resolution No. 1966

5. Public Correspondence

RECOMMENDATION
Pursuant to the Planning Commission’s review and recommendation, staff recommends the City Council move to waive the full reading of the ordinance and introduce and read by title only the ordinance entitled “AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING BEVERLY HILLS MUNICIPAL CODE §10-3-100 AND §10-3-2730.4 TO REVISE REQUIREMENTS FOR ALTERNATIVE PARKING FACILITIES LOCATED IN NONRESIDENTIAL ZONES AND FINDING THE AMENDMENTS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.” This ordinance is being considered as a result of a request for a Zone Text Amendment (ZTA) associated with a project at 317 North Beverly Drive. The draft ordinance as recommended by the Planning Commission is included in Attachment 1.

INTRODUCTION
On November 18, 2021, the Planning Commission approved a request for a Development Plan Review (DPR) to allow the construction of a new three-story commercial building, a Conditional Use Permit (CUP) to allow an alternative parking facility (APF), and a request for participation in E-1
Meeting Date: February 8, 2022

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(Planning Commission Staff Report can be found in Attachment 2, and Planning Commission Resolution can be found in Attachment 3). In addition, the applicant requested a Zone Text Amendment (ZTA) to modify certain sections of the Beverly Hills Municipal Code (BHMC) related to the location of APFs above-grade, allowing employee parking on-site, allowing APFs to serve uses other than those providing luxury products and services, extending the current APF pilot program to allow for more than two applications for such facilities, and establishing allowances to exempt such facilities from a building’s height and floor area. The Planning Commission considered the request and adopted a resolution (Attachment 4) recommending that the City Council approve the requested ZTA.

The approval of the DPR, CUP, and In Lieu Parking is contingent upon the ZTA being approved by the City Council. Should the City Council deny the requested ZTA, the project will have to be modified in order to meet the current development standards that are otherwise applicable to the project, such as the provision of on-site parking or the request of additional in lieu parking spaces.

DISCUSSION
At the November 18, 2021 Planning Commission meeting, the Commission reviewed the project and draft ordinance. Comments and concerns raised by Commissioners during the hearing revolved around safety of the system, particularly licensing and governmental oversight to forestall safety issues, contingency plans in the event of a power outage or mechanical failure, facility cycle times and potential queuing/staging for vehicle ingress and retrieval, potential for additional congestion, aesthetics and potential views from North Beverly Drive. After deliberations, the Commission adopted a resolution conditionally approving a DPR, CUP, and In Lieu Parking to allow the construction of a new commercial building with an APF at 317 North Beverly Drive (Attachment 2) with a condition requiring that the stalls within the APF be equipped to charge electric vehicles (up to the maximum number of spaces that the electrical system can accommodate with concurrent charging). The Commission also adopted a resolution recommending approval of the requested ZTA (Attachment 3) by the City Council.

Public correspondence received as part of the Planning Commission’s review is included in Attachment 5.

Alternative Parking Facilities
Alternative Parking Facilities are defined in the zoning code as off street parking facilities in which vehicular storage is accomplished with mechanical parking lifts and/or automobile elevators that are operated by a valet or other driver. Such facilities do not include fully automated parking facilities that use mechanical systems to hoist individual vehicles from receiving areas to separate automobile storage areas without a driver. A drawing of the proposed facility is shown on Figure 1 .

Meeting Date: February 8, 2022

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Figure 1. Alternative Parking Facility Section Drawing
Source: Nadel Special Projects, Inc.

These facilities are currently allowed in the City pursuant to BHMC §10-3-2730.4. In 2016, the City Council approved a ZTA to establish pilot program for APFs that would allow the Planning Commission to approve up to two applications for such facilities through a Conditional Use Permit. The first application was approved for a restaurant use at 250-260 North Cañon Drive; the second application approved was for a project located at 400-408 North Rodeo Drive (Chanel). However, the project at 250 – 260 North Cañon Drive has since expired and, therefore, the current application at 317 North Beverly Drive is considered the second application. The existing pilot program established by the City allows parking through APFs with certain restrictions including:

1. Except for required ingress and egress, all alternative parking facilities shall be fully enclosed and below grade. Alternative parking facilities and portions of buildings that contain alternative parking facilities shall be subject to architectural review;

4. The design of the alternative parking facility shall meet all applicable California building codes, as approved by the Community Development Department;

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Additionally, BHMC §10-3-2740.E identifies a number of conditions, which the Planning Commission may impose as necessary to address any potential adverse impacts resulting from the construction and use of an APF to provide required parking. Such potential conditions relate to the requirement of an inspection report; maintenance of a service contract that provides maintenance and 24-hour emergency service; a prohibition on on-site employee parking; requiring sufficient valet drop off space to accommodate a minimum of three vehicles if utilizing City streets for the drop off location; and requiring such facilities to serve uses providing luxury services or products.

Requested Code Amendments
While APFs are currently permitted as part of a pilot program through the issuance of a CUP, the applicant for the proposed project has requested to modify certain standards applicable to such facilities in order to allow such facilities to be located above-grade, allow such facilities to serve uses other than those providing luxury products and services, expand the current pilot program to allow for more than two applications for such facilities, and allow the exemption of such facilities from a building’s height and floor area. The proposed modifications and their relationship to the proposed project are as follows:
 Modify APF standards to remove the prohibition on above-grade APFs provided that such facilities are set back at least 40’-0” from a front property line (BHMC §10-3- 2730.4.A.1);
This amendment is required in order to allow the proposed facility to be constructed as proposed, as the current code regulations require such facilities to be located fully subterranean.
 Exempt APF enclosures not more than 15’-0” in height above an adjacent roof deck from a building’s overall height (BHMC §10-3-100, “Height of Building, A. Nonresidential Zones”);
This amendment is required in order to allow the proposed APF, which is proposed to be 60’ in height, to be constructed in the C-3 zone. The existing code does not contain regulations for height of APFs, because, at this time, they are only allowed below grade.

However, existing code regulations do allow for building mechanical equipment and elevators to exceed the allowed building height by 15’, similar to what is proposed for APFs.
 Expand the floor area exemption for above-grade parking facilities within enclosures and within commercial zones (BHMC §10-3-100, “Floor Area, A. Nonresidential and multifamily residential zones”);
This amendment is required in order to allow the proposed APF to be constructed, but not count toward the maximum floor area on the site. Without this amendment the area of the APF would count toward the maximum floor area on the site and would not be able to be constructed as proposed.
 Modify conditions of approval for an APF by removing the prohibition on on-site employee parking on a site in which an alternative parking facility is permitted (BHMC § §10-3-2730.4.E.3);
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This amendment is required to allow for the APF to serve employees of the site in order to satisfy the parking requirement not otherwise provided through In Lieu spaces.  Modify conditions of approval for an APF to allow such a facility to serve uses providing a non-luxury service or product at the discretion of the reviewing authority (BHMC §10- 32730.4.E.5);
This amendment is required because the current code only allows APFs to be constructed for businesses providing luxury services or products. The APF in the proposed project would provide required parking for the office uses in the building.  Expand the existing pilot program to allow for more than two applications for an APF (increasing the program from two to five applications); (BHMC §10-3-2730.4.F).

This would enable three additional applications for APFs to be considered by the Planning Commission.

Topics of Consideration
The amendments being requested were crafted to minimize the potential impact to the built environment and ensure that proposed facilities operate in a manner similar to the original pilot program and maintain the City’s oversight.

In its review of the draft ordinance, the City Council may wish to consider the following:

Height and Location of Above Ground APFs
The proposed height exemption for an enclosed APF would function similar to the height exemptions for structures enclosing elevator equipment and/or elevator lobbies, structures enclosing stairs required by law to be carried to the roof, and penthouse structures used exclusively for mechanical equipment for a building or structure, which allow for such elements of a building or structure to be exempt from height calculations provided that such structures are not more than fifteen feet (15’-0”) above the adjacent roof deck. Additionally, the removal of the prohibition on above-ground APFs comes with the requirement that such facilities be set back a minimum of forty feet (40’-0”) from the front property line. This amendment allows for additional APFs to be proposed while ensuring that such proposals will help preserve the integrity and character of the City’s commercial districts.

Floor Area
The proposed floor area exemption for an enclosed APF would function similar to the existing exemption for parking spaces at or above the first story in commercial areas. It would eliminate the requirement for such parking to have at least one full level of parking below grade provided that parking is provided in an enclosed APF and consistent with all other APF requirements.

Additionally, the modified standards would prohibit such above-grade structures from being located within 40’-0” from a front property line in order to maintain the pedestrian-oriented atmosphere of the Business Triangle. This is consistent with the floor area exemption for above grade commercial parking that exempts such parking spaces from floor area calculations provided that not less than the front forty feet (40’-0”) of the ground floor is devoted to retail sales, offices, or financial uses (BHMC §10-3-100, “Floor Area,” A.6.a.). This exemption, in conjunction with the removal of the prohibition on above-grade APFs, seek to allow for greater flexibility in siting and encouraging such facilities, consistent with the City’s General Plan which supports measures that help reduce parking demand and the space required for parking and a Meeting Date: February 8, 2022

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variety of parking strategies to maximize City resources, promote economic development, and encourage alternative modes of travel within the City.

Allowing APFs for Employee Parking and Non-luxury Uses
The proposed ZTA also modifies certain standards within the BHMC related to the projects that are eligible to utilize APFs for required parking as well as conditions of approval that may be imposed on a project with an APF. One proposed modification grants the Planning Commission greater discretion when conditioning an APF pursuant to a CUP by removing the prohibition on allowing employee parking on a site with an APF (BHMC §10-32730.4.E.3) and allowing a site with an APF to serve non-luxury uses should the Commission authorize it (BHMC §10-3- 2730.4.E.5). Additionally, the project at 317 North Beverly Drive is the second active application for an APF that the City has processed since the pilot program was initially created; the other active application is for the Chanel project located at 400-408 North Rode Drive that is currently under construction. The first project with an APF that was approved, and the project that created the APF pilot program initially, has since expired and is no longer valid. Expanding the program from two to five applications (BHMC § 10-3-2730.4.F) will allow the City to consider up to three additional applications beyond the proposed project. It should be noted that a third application has been submitted to the City to allow the use of an APF for a new luxury retail building on North Rodeo Drive; however, the ability for the City to fully process that application is dependent upon the expansion of the pilot program. Should the City Council not approve expansion of the pilot program, the third pending application would require a redesign of the project or withdrawal.

These modifications encourage further private investment in a rapidly growing technology while maintaining its status as a pilot program subject to existing restrictions and allowing the City to carefully monitor and control its growth to ensure harmony with the City’s charming and vibrant commercial districts. These modifications also seek to allow for greater flexibility in siting and encouraging APFs, consistent with the City’s General Plan which supports measures that help reduce parking demand and the space required for parking and a variety of parking strategies to maximize City resources, promote economic development, and encourage alternative modes of travel within the City.

Other APF Provisions in the BHMC
Notwithstanding the amendments to the zoning code for APFs, the City will maintain its broad oversight of the pilot program (if extended to up to five applications as proposed) as several key provisions regarding APFs will remain in place. These provisions include:
 APFs will continue to be subject to a Conditional Use Permit to be issued by the Planning Commission subject to the following standards:
o Staging and queuing of vehicles shall be prohibited in the public right-of-way o An APF shall be operated by one more attendants at all times o The design of such APFs shall meet all applicable building codes o APFs will comply with minimum required parking standards unless otherwise authorized by the reviewing authority
o In addition to inspection reports and service contracts, all APF applications will submit a detailed operations plan describing normal operation procedures and operations outside of normal business hours, on-site staffing, vehicle circulation, maintenance schedules and procedures, parts inventories o All APF applications will submit technical studies demonstrating that the facility Meeting Date: February 8, 2022

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will not be detrimental to surrounding uses and properties regarding noise, visual impacts, parking/circulation, existing on-site improvements o All APF applications will submit evidence that the parking will comply with disabled access requirements
o All APF applications will submit documentation to verify that the facility is equipped with backup generators to allow vehicle retrieval in the case of an electric failure or that this may be accomplished through manual lowering of vehicles

ENVIRONMENTAL REVIEW
The draft ordinance 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 draft ordinance appears to qualify for a Class 5 Categorical Exemption (Minor Alterations in Land Use Limitations) in accordance with the requirements of Section 15305 of the State CEQA Guidelines.

Accordingly, the City Council will consider a recommendation to find the project categorically exempt from further environmental review under CEQA pursuant to Section 15305 of the Guidelines. The Class 5 exemption is applicable to projects consisting of minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density. The draft ordinance would not allow new types of land uses, but would modify existing land use regulations in commercial areas which have an average slope of less than 20%, and does not result in changes to density. Therefore, staff recommends that the City Council find the draft ordinance exempt from further review under CEQA.

FISCAL IMPACT
The adoption of the draft ordinance expands an existing pilot program and allows greater flexibility in development and operational standards. Such facilities may help reduce parking demand in certain areas of the City, the space required for parking, and encourages the development of a variety of parking strategies to maximize City resources and promote new growth within the City’s fully built out commercial districts. Enabling this flexibility may result in greater private sector investment in development projects with alternative parking facilities and allows the City to attract new businesses to the City or allow existing businesses, which have been negatively impacted by the effects of the ongoing pandemic, to grow and expand. This in turn may result in greater tax revenue for the City. Costs to the City for project review and preparation of the zone text amendment were offset by the applicant who paid actual costs.

Therefore, the draft ordinance may result in an overall positive fiscal impact.

Ryan Gohlich, AICP
Director of Community Development
Approved By
Attachment 1
Ordinance
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ORDINANCE NO. 22-O-_______ AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING BEVERLY HILLS MUNICIPAL CODE §10-3-100
AND §10-3-2730.4 TO REVISE REQUIREMENTS FOR

ALTERNATIVE PARKING FACILITIES LOCATED IN NON- RESIDENTIAL ZONES AND FINDING THE AMENDMENTS

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT

THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY ORDAINS AS FOLLOWS:

Section 1. On November 18, 2021, the Planning Commission held a duly noticed public hearing after which it adopted Resolution No. 1966, recommending that the City Council amend portions of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code to amend the definitions of “building height” and “floor area” within nonresidential zones to exempt certain alternative parking facilities otherwise complying with all other provisions of Title 10, and to allow such facilities to be located above-grade, to allow employee parking on site, to allow alternative parking facilities to serve luxury and non-luxury uses, and to expand the alternative parking facilities pilot program from two to five applications (collectively, the “Amendments”). On February 8, 2022, the City Council held a duly noticed public hearing, received public testimony, and thereafter introduced this Ordinance.

Section 2. This Ordinance and the Amendments, in conjunction with the proposed project located at 315-319 North Beverly Drive (collectively the “Project”) were assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The Project includes the construction of a new three-story commercial building with an alternative parking -2- B0785-0001\2618043v2.doc
facility and a request for 28 offsite in lieu parking spaces. The City Council hereby finds that the Project is exempt from CEQA pursuant to Section 15305 (Minor Alterations in Land Use Limitations) of Title 14 of the California Code of Regulations. These exemptions are applicable because the Project involves amendments which constitute minor changes to land use regulations in areas with an average slope of less than 20%, which do not result in any changes in land use or density.

Section 3. The Amendments are consistent with the objectives, principles, and standards of the General Plan. General Plan Land Use Policy 2.1 “City Places: Neighborhoods, Districts, and Corridors,” General Plan Land Use Policy 2.4 “Architectural and Site Design,” General Plan Land Use Policy 11.2 “Site Planning and Architectural Design,” and General Plan Land Use Policy 12.2 “Architectural and Site Design” call for a distinct, high-quality aesthetic that is compatible with the surrounding built environment and enhances the business district of the City. General Plan Land Use Policy 2.8 “Pedestrian-Active Streets” calls for buildings in business districts be oriented to, and actively engage the street through appropriate design features. General Plan Land Use Policy 9.1 “Uses for Diverse Customers” encourage a variation of land uses and commercial businesses that support the needs of community residents and visitors alike.

Moreover, General Plan Land Use Policy 15.1 “Economic Vitality and Business Revenue” call for the City to sustain a vigorous economy by supporting businesses that contribute revenue, and high- quality services. General Plan Circulation Policy 4.1 “Parking Provisions,” General Plan Circulation Policy 4.9 “Parking Area,” and General Plan Circulation Policy 4.10 “Parking Strategies,” strives to ensure that adequate parking is provided for all uses and that the City encourage measures that reduced space required for parking and examine alternative modes of travel and strategies for providing parking.
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Section 4. The City Council hereby amends §10-3-100 of Article 1 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code by amending the definition of the term “Height of Building” and “Floor Area,” as set forth below, with all other definitions in the section remaining unchanged:
“HEIGHT OF BUILDING: A. Nonresidential Zones: Except as otherwise provided for walls and fences, in nonresidential zones, “height” shall mean the distance from the highest point of the natural ground level at the perimeter of a building or structure or from the highest point of the public sidewalk adjoining the lot or parcel upon which the building or structure is to be erected, whichever is higher, to the highest element of the building or structure. The following elements of a building or structure shall not be considered when determining its height pursuant to this subsection A:

1. Vent pipes that are not higher than required by law.

2. On buildings with a sloped roof, chimneys extending a maximum of three feet (3’) higher than any portion of the building within a horizontal distance of ten feet (10’) from the chimney. On buildings with a flat roof, chimneys extending a maximum of three feet (3’) above the roof deck. The maximum horizontal dimension of a chimney shall not exceed four feet (4’) on any side.

3. Structures enclosing elevator equipment and/or elevator lobbies if such structures are not higher than fifteen feet (15’) above the adjacent roof deck and are not larger than the shaft of the elevator or elevators and their respective lobby areas, provided such lobby areas comply with the -4- B0785-0001\2618043v2.doc
provisions of subsection A2 of the definition of Floor Area, and if such structure is used for no purpose other than providing the minimum space required for the elevators and their equipment and such lobby areas.

4. Structures enclosing stairs required by law to be carried to the roof if such enclosing structure is used for no other purpose than enclosing the stairs and is no larger than the stair shaft below and if such enclosure is not more than fifteen feet (15’) in height as measured from the adjacent roof deck.

5. Penthouse structures used exclusively for mechanical equipment for the building or structure if such penthouse structure is not more than fifteen feet (15’) in height as measured from the adjacent roof deck.

6. Structures enclosing alternative parking facilities if such structure is not more than fifteen feet (15’) in height above the adjacent roof deck and approved in accordance with 10-3-2730.4 of this chapter.

7. Parapets or handrails not more than forty five inches (45”) in height as measured from the roof or floor which they surround.

8. Unoccupied architectural features, such as skylights and clerestories, not more than fifteen feet (15’) in height as measured from the adjacent roof deck if such features do not exceed thirty three percent (33%) of the roof area upon which they are located, and no such feature exceeds or intersects a line projecting from the perimeter of the roof upward at an angle of forty five degrees (45°) from the horizontal.
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9. Antennas, other than satellite dish antennas, that do not exceed fifteen feet (15’) in height as measured from the surface on which the antennas are mounted and do not exceed fifteen feet (15’) above the applicable zoning height limit unless a minor accommodation permit and a building permit are obtained in accordance with the provisions of section 10-3-4506 of this chapter. If an antenna is mounted on a legally nonconforming structure that exceeds the applicable zoning height limit, then the antenna may also exceed the applicable zoning height limit, to a maximum of fifteen feet (15’) above the height of that nonconforming structure.

10. Satellite dish antennas that do not exceed fifteen feet (15’) in height as measured from the surface on which the antennas are mounted and do not exceed fifteen feet (15’) above the applicable zoning height limit unless a minor accommodation permit and a building permit are obtained in accordance with the provisions of sections 10-3-4506 and 10-3-4504, respectively, of this chapter. If an antenna is mounted on a legally nonconforming structure that exceeds the applicable zoning height limit, then the antenna may also exceed the applicable zoning height limit, to a maximum of fifteen feet (15’) above the height of that nonconforming structure.”
“FLOOR AREA: A. Nonresidential and multi-family residential zones: “Floor area” shall mean the area of all floors or levels included within the surrounding walls of a building or structure. Space devoted only to the following shall not be considered in determining the total floor area within a building or structure:
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1. Stair shafts;

2. Elevator and escalator shafts and elevator lobbies located in parking areas or on rooftops. The area of each elevator lobby at each floor not located in parking areas or on rooftops shall not exceed one hundred (100) square feet per elevator cab; provided, however, that any elevator lobby area in excess of one hundred (100) square feet per elevator cab shall be considered in determining the total floor area within a building or structure;

3. Courts;

4. Parking spaces below the first floor and access thereto, including void spaces in parking areas below the first floor used exclusively for storage related to operation of the building, including for use by tenants of the building, however, such storage areas that are available for separate rental or use by a third party that is not an occupant of the building shall be included in determining the total floor area within a building or structure.

Such void spaces may be enclosed, and shall be exempted for the first two thousand (2,000) square feet on each parking floor or the first five percent (5%) of the floor area of the entire building, whichever is less. After the lesser of either the first two thousand (2,000) square feet on each parking floor or the first five percent (5%) of the floor area of the entire building is exempted, any remaining storage floor area shall be considered in determining the total floor area within a building or structure;

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6. Parking spaces at or above the first story and access thereto provided that in commercial zones:
a. Not less than the front forty feet (40’) of the ground floor shall be devoted to retail sales, offices, or financial uses; notwithstanding such restriction, the Director of Planning and Community Development may reduce the amount of floor area required under this provision by up to ten percent (10%) pursuant to the provisions of article 36 of this chapter regarding minor accommodations if the Director finds that the dimensions of the site do not provide adequate space for internal circulation for parking and such accommodation would not substantially compromise pedestrian activity in the area; and
b. At least one full level of parking below grade is provided OR; c. Parking is provided in an enclosed alternative parking facility as permitted by section 10-3-2730.4.

7. Mall areas; and

8. Space used or provided within a building or structure for publicly owned off street parking facilities.” Section 5. The City Council hereby amends §10-3-2730.4 of Article 31 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code to read as follows:
“10-3-2730.4: ALTERNATIVE PARKING FACILITY:
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An “alternative parking facility”, as defined in section 10-3-100 of this chapter, may be used to meet the parking requirements of section 10-3-2730 of this chapter provided the alternative parking facility and the use(s) for which it provides required parking do not include medical uses and are located in a commercial zone on property with a site area not exceeding sixteen thousand (16,000) square feet, and subject to the following:

A. Conditional Use Permit Required: A conditional use permit, issued pursuant to the provisions of article 38 of this chapter, shall be obtained prior to any alternative parking facility commencing provision of required parking spaces for any use.

B. Standards: All alternative parking facilities authorized by a conditional use permit shall comply with the following standards:

1. Except for required ingress and egress, all alternative parking facilities shall be fully enclosed. Alternative parking facilities located above grade shall be set back at least forty feet (40’) from the front property line and portions of buildings that contain alternative parking facilities shall be subject to architectural review;

3. The alternative parking facility shall be operated by one or more parking attendants, as determined through the conditional use permit process, at all times during the hours of operation, so that it is valet -9- B0785-0001\2618043v2.doc
operated to service the use needs of the commercial facility for which it provides required parking;

4. The design of the alternative parking facility shall meet all applicable California building codes, as approved by the community development department;

5. An alternative parking facility shall comply with all applicable development standards, including those set forth in article 16.5 of this chapter, and excluding the city’s minimum parking standards if modifications to those standards are approved as part of the conditional use permit;
a. The reviewing authority may condition an alternative parking facility to modify standards relating to minimum parking stall size, minimum drive aisle width, and drive aisle parking spaces, provided the applicant demonstrates that the facility will accommodate a range of vehicle types and will not have an adverse impact on the efficiency of the parking operation or the safety of people or property.

C. Information Required For Application: Application submittals for an alternative parking facility conditional use permit shall include information that the director of community development deems to be necessary to determine whether the alternative parking facility can adequately meet the parking needs of the proposed development and determine that no -10- B0785-0001\2618043v2.doc
substantial negative impacts will result from the facility. At a minimum, the following shall be provided as part of the conditional use permit application:

1. Site Plan: Submittal of a site plan prepared by a design professional indicating all structures; the alternative parking facility location; number of required parking stalls; site ingress and egress; proposed queuing location; and the identification of adjacent land uses;

2. Operations Plan: Submittal of an alternative parking facility operations plan describing the broadest range of operating hours allowed for the commercial use(s) to be served by the alternative parking facility; the number of parking attendants and working hours; methods for automobile storage and retrieval during and outside of regular business hours; vehicle drop off and pick up location(s) for customers; vehicle circulation path; location of staging area for vehicles waiting to enter the alternative parking facility. The operations plan shall also describe, with regard to the mechanical parking lifts and automobile elevators:
maintenance schedules and additional parts inventory requirements to maintain optimal operations;

3. Technical Studies: Submittal of technical studies demonstrating that the proposed design and operation of the alternative parking facility will not be detrimental to surrounding uses and properties with regard to noise, -11- B0785-0001\2618043v2.doc
visual impacts, area parking and circulation, and existing on site improvements;

4. Disabled Access Parking: Submittal of evidence that the parking provided will comply with all applicable disabled access requirements;

5. Backup Power: Prior to issuance of building permits, the applicant shall provide documentation that the alternative parking facility will be equipped with backup generators with sufficient capacity to allow operation of the parking system in the case of electrical failure. In an alternative parking facility with multiple automobile elevators, mechanical lifts, or both, each elevator and lift shall be individually operable such that mechanical failure of one would not prevent use of the others.

D. Findings: In addition to the findings outlined in article 38 of this chapter, a conditional use permit shall only be issued if the planning commission finds that:

1. The proposed location of the alternative parking facility will not be detrimental to adjacent property or to the public welfare;

2. Due to circumstances such as lot size, lot shape, lot location, or other existing conditions of the site, the applicant has demonstrated that an alternative parking facility is a reasonable method of providing code required parking;
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3. The use of an alternative parking facility enhances the design of the proposed project and does not result in a substantial adverse impact to the character of the surrounding area;

4. The proposed alternative parking facility and operation thereof will not create any material adverse traffic or parking impacts, traffic safety hazards, pedestrian-vehicle conflicts, or pedestrian safety hazards.

E. Conditions Of Approval: The reviewing authority may impose any conditions that are necessary to address any potential adverse impacts resulting from the construction and use of an alternative parking facility to provide required parking, including, but not limited to:

1. Inspection Report: A maintenance inspection report and usage report for any alternative parking facility, prepared at the sole expense of the applicant, shall be submitted at any time upon request from the community development department and no less than every six (6) months for review by the city.

2. Service Contract: The owner of the alternative parking facility shall at all times maintain one of more contracts with an entity or entities that provides maintenance and twenty four (24) hour emergency service for all the aspects of the alternative parking facility, including, but not limited to, any automobile elevators and, mechanical parking lifts installed in the alternative parking facility.
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3. Valet Drop Off: If valet drop off locations associated with a property utilizing an alternative parking facility are proposed on city streets, excluding alleys, there shall be valet drop off space to accommodate a minimum of three (3) vehicles.

4. Provision Of Luxury Service Or Product: Unless otherwise authorized by the reviewing authority, a conditional use permit for an alternative parking facility must be for a use providing a luxury service or product, such as, but not limited to, a restaurant whose chef or operator has operated or is operating a Michelin star rated restaurant, or a luxury brand retail establishment, as determined by the city council in its discretion.

5. Review: If granted a parking reduction pursuant to subsection B5 of this section, the project’s parking shall be reviewed by either the city council or planning commission after six (6) months and one year of commencement of the use. If the reviewing body determines the reduced parking is insufficient, the applicant shall be required to make arrangements to provide sufficient parking either through the in lieu parking program, if available, providing additional covenanted parking spaces, or other means, as directed by the reviewing body.

F. Pilot Program: The conditional use permit for an alternative parking facility authorized by this section is a pilot program. The city council or planning -14- B0785-0001\2618043v2.doc
commission may take action pursuant to this section on up to five (5) applications. Unless the city council extends this section, this section shall be repealed after one year of operational experience with each of the five (5) projects.” Section 6. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this Ordinance shall be and remain in full force and effect.

Section 7. Publication. 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 her certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City. //
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//
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Section 8. 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:

Effective:

ROBERT WUNDERLICH
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
City Attorney

GEORGE CHAVEZ
City Manager

RYAN GOHLICH, AICP
Director of Community Development
Attachment 2
Planning Commission Staff Report
(11/18/21)
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
Attachment(s):

A. Applicable Beverly Hills Municipal Code Sections and Findings B. Draft Resolution for Development Plan Review, Conditional Use Permit, and In Lieu Parking
C. Draft Zone Text Amendment Resolution
D. Draft Ordinance
E. Public Noticing
F. Summary of Business and Parking Facility Operations
G. Parking Demand Analysis
H. Class 32 Exemption Report
I. Historic Resources Technical Report
J. Architectural Plans (Under Separate Cover)
Report Author and Contact Information:

Alvaro Gomez, AICP, Assistant Planner
(310) 285-1142
[email protected]
Meeting Date: November 18, 2021
Subject: 317 NORTH BEVERLY DRIVE
Zone Text Amendment, Development Plan Review, Conditional Use Permit and In Lieu Parking (PL2100010)
Request for a Zone Text Amendment to amend certain sections of the Beverly Hills Municipal Code (BHMC) related to alternative parking facilities, a Conditional Use Permit to allow an alternative parking facility to meet the parking requirements set forth in the BHMC, a Development Plan Review to construct a new three-story commercial building with an alternative parking facility, and participation in the City’s In Lieu Parking program for 28 in-lieu parking spaces. Pursuant to the provisions set forth in the California Environmental Quality Act (CEQA), the Planning Commission will also consider adoption of a Categorical Exemption for this project.

Project Applicant: SVAP II North Beverly, LLC
Project Representative: Murray D. Fischer, Law Office of Murray D. Fischer Recommendation: Staff recommends that the Planning Commission conduct a public hearing and receive testimony on the Project; adopt a resolution recommending the City Council adopt the proposed Zone Text Amendment modifying certain standards related to alternative parking facilities; adopt a resolution conditionally approving the Conditional Use Permit, Development Plan Review, and In Lieu Parking; and find the project exempt from CEQA.

REPORT SUMMARY
The applicant, SVAP II North Beverly, LLC, requests a Development Plan Review to allow the construction of a new three-story commercial building, a Conditional Use Permit to allow an alternative parking facility, and a request for participation in the City’s In Lieu Parking program to satisfy the balance of required parking through the payment of in lieu fees for 28 spaces for the property located at 317 North Beverly Drive. In addition, the applicant requests a Zone Text 6-1
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Amendment to modify certain sections of the Beverly Hills Municipal Code (BHMC) related to the location of alternative parking facilities (APFs) above-grade, allowing employee parking on-site, allowing APFs to serve uses other than those providing luxury products and services, extending the current APF pilot program to allow for more than two applications for such facilities, and establishing allowances to exempt such facilities from a building’s height and floor area.

This report provides a detailed description of the project and provides analysis on key issues related to the findings for the requested entitlements. Specifically, this report highlights the proposed project, requested entitlements, and amendments to the City’s Municipal Code. Based on this analysis, the recommendation in this report is for project approval with conditions as specified in the draft resolution.

BACKGROUND
File Date 01/22/2021
Application Complete 07/11/2021
Subdivision Deadline N/A
CEQA Recommendation Class 32 Categorical Exemption (Infill Development) CEQA Deadline 60 days from CEQA Determination
Permit Streamlining 60 days from Determination of CEQA Exemption Applicant(s) SVAP II North Beverly, LLC
Owner(s) SVAP II North Beverly, LLC
Representative(s) Dustin Hicks, Lauren Golem, Murray D. Fischer, Patrick Winters, Cheng-I Lin
Registered Legislative Advocate(s) 1 Dustin Hicks, Lauren Golem, Murray D. Fischer, Patrick Winters, Cheng-I Lin
Prior Planning Commission Action
Prior City Council Action
Planning Commission project preview held on August 12,
2021
None

PROPERTY AND NEIGHBORHOOD SETTING
Address(es) 315, 317, 319 North Beverly Drive
Assessor’s ID No. 4343-015-014
Zoning District C-3 – Commercial Zone
General Plan Commercial Low Density General
Existing Land Use(s) Commercial
Lot Dimensions & Area 50’ x 152’-6” (approximately 7,628 SF) Year Built 1940
Historic Resource Existing building was designed by a master architect (Allen G. Siple). Review of the property determined that its integrity has been lost due to substantial alteration and is thus not considered a historic resource under CEQA and does not
meet the City’s criteria for local landmark designation. 1 All Project representatives listed have been confirmed as registered legislative advocates in the City’s database. 6-2
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Protected Trees/Grove N/A
Adjacent Zoning and Land Uses
North / South / West / East C-3 Commercial Zone (Commercial uses) Circulation and Parking
Adjacent Street(s) North Beverly Drive
Traffic Volume 17,846 Average Daily Trips (North Beverly Drive, Dayton Way – Wilshire Boulevard)
Adjacent Alleys 20’ rear alley
Parkways & Sidewalks North Beverly Drive: 12’-0” from curb face to property line Parking Restrictions North Beverly Drive:

Metered 1 hour parking, 8 AM to 6 PM, Monday – Saturday; Metered 3 hour parking, 6 PM to 9 PM, Monday – Saturday, 12 PM to 6 PM, Sunday.

Nearest Intersection North Beverly Drive and Dayton Way Circulation Element North Beverly Drive: Arterial Street Neighborhood Character
The project is located in the City’s Business Triangle and covers a single lot with a site area of approximately 7,628 square feet and dimensions of 50’-0” (width) by 152’-6” (depth). The project site is surrounded by commercial buildings varying in height between one and three stories, with significantly taller buildings located south of Dayton Way. The site is currently improved with a two-story, multi-tenant building measuring approximately 30’-0” tall. A surface parking lot is located to the rear of the project site, adjacent to an alley, with space for 10 vehicles. The existing building was designed by Allen G. Siple who is listed on the City’s list of Local Master Architects.

A review of the Historic Resources Technical Report, included as Appendix D to Attachment H prepared by the applicant, determined that the integrity of the property has been lost due to substantial alteration and is thus not considered a historic resource under CEQA and does not meet the City’s criteria for local landmark designation. Figure 1 provides an aerial view of the project site while Figure 2 provides a street-level view of the project site. 6-3
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Figure 1. Aerial Image of Project Site
Source: Google LLC
Figure 2. Project Site as seen from North Beverly Drive Source: Google LLC

PROJECT SITE
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PROJECT DESCRIPTION
Proposed Building
The proposed new building would have an approximate floor area of 14,343 square feet and a height of 45’-0” (excluding an additional 15’ enclosure for an APF) as shown on Figure 3. The building would include an outdoor terrace area on the third floor accessible to the third floor office tenant only and measuring approximately 25’-8” in length and 29’-3” in width, and separated from the street and southerly neighbor by a 4’-0” planter area. Retail uses would occupy the first two floor levels (4,538 square feet and 5,255 square feet on the first and second levels, respectively) and a 4,550 office suite would occupy the third level. The proposed building is designed in a contemporary style with a smooth plaster off-white finish and dark metal panel accents. The ground floor would provide storefront windows and doors accented by darker metal panel accents with contrasting signage. The primary entrance to the lobby of the proposed building would be located adjacent to North Beverly Drive with separate entrances for the two retail storefronts on the ground floor.

Figure 3. Project Elevations
Source: Nadel Special Projects, Inc.

Proposed APF
The APF is an above grade vertical parking carousel that holds a maximum of 12 vehicles and will serve the employees of the third floor office tenant. The APF would be entirely enclosed and extend to 60’-0” in height,2 inclusive of the rooftop mechanical equipment, as shown on Figure 3 2 The height of the building is contingent upon approval of the Zone Text Amendment exempting APF enclosure facilities from a building’s height. Additional information is provided in the “Analysis” section of this report. 6-5
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and would be located behind the building and set back from the primary building facade on North Beverly Drive by approximately 108’-0”. The APF would be accessed through the rear of the project site via an existing 20’-0” alley. One ADA parking space plus one van loading space in the rear of the property will be maintained on-site but are not located within the APF.

The proposed APF is a Parkmatic Model SM12SUXl, an automated carousel/rotary-style vehicle lift that will hold up to 12 parked vehicles, including very large SUVs and pickup trucks up to 7,500 pounds. The APF will be located at the rear of the project site, entirely above-grade, and enclosed within a 60’-0” tall structure attached to the proposed building. Although the APF is designed to be operated by users directly, according to the manufacturer website, on-site attendants will be available during business hours to assist in vehicle parking/retrieval as well as guide any vehicles that need to wait for the next available space to prevent the alley from becoming congested.

Key fobs/pin numbers to utilize the APF will be provided to employees of tenants occupying the building. The lift has built-in safeguards to ensure it can only be operated if all persons are clear of the lift’s operating zone. This protection is in addition to the on-site parking attendant helping park/retrieve vehicles. In addition to the guidance of the on-site parking attendant, convex mirrors will be installed to assists drivers in safely entering or exiting the public alley from the on-site staging area in front of the lift. An automatic backup generator will be installed on-site to power the lift in the event of power outage. Additionally, in the event of a power failure and backup generator failure, manual lowering of vehicles can be accomplished via a manual brake release lever. When the lever is pushed, the carousel slowly revolves in a controlled fashion until a car parked in the carousel is delivered to the ground level. The process is then repeated for each remaining vehicle in the carousel. The manual lowering procedure may be conducted by a trained attendant and would allow for the retrieval of cars in the event of a power failure and backup power failure. A maintenance service contract with the vendor will be in effect the entire time the system is in operation. Scheduled maintenance and visual inspections of the system will be conducted every six months or more often if required by the manufacturer. In the event of a malfunction, the maintenance service vendor will be on call and on site to make repairs in no more than 12 hours. A complete supply of all breakable and wearable parts will be stored on-site, and replaced as parts are used or past their lifespan. The proposed APF is shown on Figure 4. Please see Attachment F for operational details on the APF.
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Figure 4. Building Section for Alternative Parking Facility Source: Nadel Special Projects, Inc.

In Lieu Parking Request
While 12 vehicles can be accommodated in the proposed automated parking facility, the total parking required for the building is 41 spaces, based on the floor area of the building. The applicant is requesting to participate in the City’s In Lieu Parking Program to satisfy the requirement of 28 spaces. As general office uses are generally not eligible uses for participation in the In Lieu Parking Program, except as provided in BHMC § 10-3-3306, the 12 parking spaces within the APF and one accessible space will fully satisfy the proposed office use on the third floor which has a parking requirement of 13 spaces at one space per 350 square feet of floor area.

Zone Text Amendment
While APFs are currently permitted as part of a pilot program through the issuance of a Conditional Use Permit, the applicant is requesting to modify certain standards for such facilities through amending certain sections of the BHMC to allow such facilities to be located above-grade, allow such facilities to serve uses other than providing luxury products and services, extending the current pilot program to allow for more than two applications for such facilities, and allow the exemption of such facilities from a building’s height and floor area. The proposed modifications are as follows:
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x Exempt APF enclosures not more than 15’-0” in height above an adjacent roof deck from a building’s overall height (BHMC §10-3-100, “Height of Building, A. Nonresidential Zones”);
x Expand the floor area exemption for above-grade parking facilities within enclosures and within commercial zones (BHMC §10-3-100, “Floor Area, A. Nonresidential and multifamily residential zones”); x Modify APF standards to remove the prohibition on above-grade APFs provided that such facilities are set back at least 40’-0” from a front property line (BHMC §10-3-2730.4.A.1); x Modify conditions of approval for an APF by removing the prohibition on on-site employee parking on a site in which an alternative parking facility is permitted (BHMC §10-3-2730.4.E.3); and
x Modify conditions of approval for an APF to allow such a facility to serve uses providing a non-luxury service or product at the discretion of the reviewing authority (BHMC §10-3- 2730.4.E.5); and
x Expand the existing pilot program to allow for more than two applications for an APF (increasing the program from two to five applications); (BHMC §10-3-2730.4.F).

REQUIRED ENTITLEMENTS
The proposed project requires approval of the following discretionary applications from the Planning Commission and City Council. The approval of the Development Plan Review, Conditional Use Permit and In Lieu Parking are contingent on City Council’s approval of the Zone Text Amendment.
x Development Plan Review
Pursuant to BHMC §10-3-3100.A. all uses involving new construction that requires the issuance of a building permit other than new construction subject to a discretionary permit under this chapter (excluding architectural review) or any other interim zoning ordinance of the City are subject to a Development Plan Review.
x Conditional Use Permit
Pursuant to Beverly Hills Municipal Code (BHMC) §10-3-2730.4, a Conditional Use Permit is required to allow an alternative parking facility to meet the parking requirements set forth in the BHMC
x In Lieu Parking
A request for 28 offsite parking spaces to satisfy a portion of the project’s required parking pursuant to BHMC §10-3-3300. Pursuant to BHMC §10-3-3301, the project site is located within an in lieu parking district and is eligible for participation in the program. x Zone Text Amendment
A request pursuant to BHMC §10-3-3901 to modify the definitions section (BHMC §10-3- 100) of Title 10, Chapter 3 of the BHMC to exempt an APF enclosure from building height and floor area. Additionally, the proposed ZTA also includes a request to modify the Alternative Parking Facility section of the (BHMC §10-3-2730.4) of Title 10, Chapter 3 of the BHMC to allow for such facilities to be located above grade, allow employee parking 6-8
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on-site, serve uses other than those providing a luxury service or product, and an expansion of the pilot program to allow for more than two applications for such facilities.

The Planning Commission is not the final decision making body on the proposed ZTA, but can recommend approval or denial of the ZTA to the City Council.

GENERAL PLAN POLICIES3
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:
x LU 2.1 City Places: Neighborhoods, Districts, and Corridors. Maintain and enhance the character, distribution, built form, scale, and aesthetic qualities of the City’s distinctive residential neighborhoods, business districts, corridors, and open spaces. x LU 2.4 Architectural and Site Design. Require that new construction and renovation of existing buildings and properties exhibit a high level of excellence in site planning, architectural design, building materials, use of sustainable design and construction practices, landscaping, and amenities that contribute to the City’s distinctive image and complement existing development.
x LU 2.8 Pedestrian-Active Streets. Require that buildings in business districts be oriented to, and actively engage the street through design features such as build-to lines, articulated and modulated facades, ground floor transparency such as large windows, and the limitation of parking entries directly on the street. Parking ingress and egress should be accessed from alleys where feasible.
x LU 9.1 Uses for Diverse Customers. Accommodate retail, office, entertainment, dining, hotel, and visitor serving uses that support the needs of local residents, attract customers from the region, and provide a quality experience for national and international tourists. x LU 11.2 Site Planning and Architectural Design. Require that commercial and office properties and buildings are planned and designed to exhibit a high level of site and architectural design quality and excellence.
x LU 12.2 Building, Parking Structure, and Site Design. Require that buildings, parking structures, and properties in commercial and office districts be designed to assure compatibility with abutting residential neighborhoods, incorporating such elements as setbacks, transitional building heights and bulk, architectural treatment of all elevations, landscape buffers, enclosure of storage facilities, air conditioning, and other utilities, walls and fences, and non-glare external lighting.
x 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. x Policy ES 1.4 Retain Existing Industries. Consistent with future economic sustainability plans, encourage existing industries such as luxury retail, tourism, hoteling, finance, entertainment and media businesses and services to remain and expand within the City. x Policy CIR 4.1 Parking Provisions. Ensure that adequate parking is provided for existing and future uses while considering shared parking opportunities, Travel Demand 3 Available online at http://www.beverlyhills.org/departments/communitydevelopment/longrangeplanning/generalplan/ 6-9
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Management (TDM) plans, and availability of alternate modes of travel, based on the site’s proximity to transit.
x Policy CIR 4.9 Parking Area. Support measures that help reduce parking demand and the space required for parking.
x Policy CIR 4.10 Parking Strategies. Examine a variety of parking strategies to maximize City resources, promote economic development, and encourage alternative modes of travel within the City, including congestion pricing programs, Parking Assessment Districts, extension of the In-Lieu Fee Program to commercial districts throughout the City, demand management studies, parking registration and reporting programs, and programs for public education regarding parking programs.

ENVIRONMENTAL ASSESSMENT
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. A categorical exemption report has been prepared by Rincon Consultants, Inc. for the City (Attachment H).

The project appears to qualify for a Class 5 Categorical Exemption pursuant to Section 15305 of the State CEQA Guidelines for minor changes in land use regulations, which states that a Class 5 Categorical Exemption may be applied to minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density.

The proposed Zone Text Amendment would amend certain development standards related to the development and operation of alternative parking facilities. Both the city as a whole and the commercially-zoned areas of the city have an average slope of less than 20%. Therefore the Zone Text Amendments appears to qualify for a Class 5 Categorical Exemption.

The project also appears to qualify for a Class 32 Categorical Exemption pursuant to Section 15332 of the State CEQA Guidelines for in-fill development projects, which states that a Class 32 Categorical Exemption is allowed when:
a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.
c) The project site has no value as habitat for endangered, rare or threatened species. d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
e) The site can be adequately served by all required utilities and public services. Additionally, State CEQA Guidelines Section 15300.2 states that a categorical exemption “shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource.”
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Additionally, State CEQA Guidelines Section 15300.2 states that a categorical exemption “shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource.”
The attached Categorical Exemption Report analyzed each of the required areas and found that the proposed project appears to be consistent with applicable zoning and general plan designations and policies, should the City Council adopt the proposed associated zone text amendment; occurs on a site that is less than five acres, is surrounded by urban uses, and has no value as habitat; would not result in significant impacts relating to traffic, noise, air quality, or water quality; can be adequately served by all required utilities and public services; and would not cause a substantial adverse change in the significance of a historical resource. The Planning Commission will consider finding that the project is exempt from the provisions of CEQA.

PUBLIC OUTREACH AND NOTIFICATION
Type of Notice Required
Period Actual Period Required Date ActualDate
Community Meeting N/A N/A N/A N/A
Newspaper Notice1 20 days 20 days 10/29/21 10/29/21
Notice of Pending Application
(Owners & Occupants – 1,000' Radius +
blockface) N/A N/A N/A N/A
Adjacent Neighbors Notice
(Owners & Occupants – 100’ Radius +
blockface)

N/A N/A N/A N/A
Notice of Public Hearing
(Owners & Occupants – 100’ Radius +
blockface)
20 Days 20 Days 10/29/21 10/29/21
1 The Project was noticed in the October 29 edition of The Beverly Hills Courier and the November 4 edition of The Beverly Hills Weekly.

Applicant Outreach Efforts
No known outreach efforts.

Public Comment
As of the writing of this report, staff has not received any public comments regarding the project.

ANALYSIS
Project approval, conditional approval, or denial is based upon specific findings for each discretionary action requested by the applicant. The specific findings that must be made in order Property Posting* 20 Days 20 Days 10/29/21 10/29/21
Agenda Posting 24 Hours 8 Days 11/17/21 11/10/21
Website 24 Hours 8 Days 11/17/21 11/10/21
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to approve the project are provided as Attachment A to this report, and the draft resolutions (Attachment B) contains draft language for findings that may be used to guide the Planning Commission’s deliberation on the subject project. In reviewing the requested entitlements, the Commission may wish to consider the following information as it relates to the project and required findings:

Building Mass/Scale and Streetscape
The proposed project is located near the intersection of North Beverly Drive and Dayton Way, centrally located within the city’s Business Triangle. The new building would replace an existing two-story multi-tenant building. Development on adjacent parcels consists primarily of commercial buildings that range in height from one to two stories. Table 1 provides information on buildings directly adjacent to the Project site.

Table 1. Adjacent Building Heights
Address Tenants Approx.

Height Stories
327 – 331 N Beverly Drive AG Jeans/Associated Foreign Exchange Inc. 28’-6” 2 321 – 325 N Beverly Drive Kitson LA/IRO 31’-10” 2
309 – 313 N Beverly Drive Morgenthal Frederics/ Ladurée/Valerie Beverly Hills 26’-0” 2
301 – 303 N Beverly Drive Il Fornaio 25’-0” 1
As proposed, the new building would be three stories (45’-0”) in height and, as described previously, would include an outdoor terrace area on the third floor accessible to the third floor office tenant only and measuring approximately 25’-8” in length and 29’-3” in width, and separated from the street and southerly neighbor by a 4’-0” planter area. Because the terrace is located at the same level as the third floor and there is a rooftop level above the third floor, the terrace is not considered a rooftop use. With inclusion of a terrace, the third floor will be L-shaped and concentrate the bulk of its height away from North Beverly Drive and the neighboring building to the south at 309 North Beverly Drive which has a height 26’-0”. This allows the building to maintain a generally consistent roofline with neighboring buildings as viewed from North Beverly Drive and partially from Dayton Way. The planter area along the southerly part of the terrace also provides for a more aesthetically appealing experience when viewing the proposed Project from 309 North Beverly Drive or from Dayton Way.

The APF would be entirely enclosed and extend to 60’-0” in height,4 inclusive of the rooftop mechanical equipment, and would be located behind the building and set back from the primary building facade on North Beverly Drive by approximately 108’-0”, minimizing the visual effect of such structure as viewed from the street. The proposed APF structure will be located in the same area as an existing surface parking lot at the rear of the property and may help provide a more aesthetically pleasing experience while traveling through the alley. Additionally, As shown in Figure 5, the proposed building is designed in a contemporary style with a smooth plaster off-white finish and dark metal panel accents. The ground floor would provide storefront windows and doors accented by darker metal panel accents with contrasting signage. The 4 The height of the building is contingent upon approval of the Zone Text Amendment exempting APF enclosure facilities from a building’s height. Additional information is provided in the “Analysis” section of this report. 6-12
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primary entrance to the lobby of the proposed building would be located adjacent to North Beverly Drive with separate entrances for the two retail storefronts on the ground floor. A secondary exit/ entrance is proposed to the rear of the proposed building, providing access to the APF and pickup and drop-off/van loading/accessible area off the alley—similar to the configuration currently on-site. The Architectural Commission of the City will consider the proposed project’s overall aesthetic, building materials, and terrace landscaping at a future meeting.

Figure 5. Project Rendering
Source: Nadel Special Projects, Inc.

Alternative Parking Facility
In 2016, the City Council approved a pilot program for alternative parking facilities that would allow the Planning Commission to approve up to two applications for such facilities through a Conditional Use Permit. The first application was approved for a restaurant use at 250-260 North Cañon Drive; the second application approved was for the Chanel project located at 400-408 North Rodeo Drive. However, the project at 250-260 North Cañon Drive has since expired and, therefore, the current application at 315 North Beverly Drive is considered the second application.

BHMC §10-3-2740.4 requires that all alternative parking facilities authorized by a Conditional Use Permit meet certain standards, which are listed below with information on how the proposed project meets those standards, or, when it does not meet the standards, how the applicant is proposing to change the BHMC through a ZTA to create new standards. Additional information on the operation of the alternative parking facility is provided as Attachment F to this report.

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The APF will be fully enclosed and above-grade. As part of the proposed project, the applicant has requested a Zone Text Amendment to allow for the APF to be above-grade provided that it is set back at least 40’ from a front property line. The full proposed amendment can be reviewed in Attachment D and is discussed later in the report. As noted earlier, the entirety of the proposed project will be subject to the City’s architectural review process.

2. Staging and queuing of vehicles shall occur on private property within a reasonable distance from the alternative parking facility and shall not impede travel and access within the public right of way;
The proposed project includes a van delivery loading zone (25’ x 10’) parallel to the one-way service alley in addition to a passenger pick-up/drop-off zone measuring approximately 20’ x 13’, co-located partly within the loading zone as shown on Figure 6. Co-location of both spaces allows for the site to maintain one ADA-accessible parking space and a clear drive aisle for the APF and for staging and queuing to occur immediately adjacent to the APF. Regular deliveries will be made using vehicles that meet van size requirements and the draft resolution will require tenants to schedule their deliveries during off-peak hours to avoid the main arrival/departure time windows of the employees/visitors parking in the APF. Deliveries are expected to occur primarily between the hours of 11 AM and 4 PM local time, whereas peak times for employees will be 9 AM and 10AM for arrivals and 4 PM to 6PM for departures. Delivery vehicles are expected to stage in the loading area for 15 minutes or less per delivery and a an on-site parking attendant will assist in directing delivery vehicles in the event of a conflict with other delivery vehicles or vehicles waiting to enter the APF. Conditions have been added to the draft resolution regarding scheduling of deliveries during off peak hours and prohibiting staging in the alley or within the accessible space.

The applicant has also noted that cycle times for a parked vehicle to be lifted and delivered to grade level are approximately 20 to 90 seconds depending on the location of the closest empty space within the lift. In the event that another vehicle approaches the parking lift before the empty space is delivered to grade, the entrance driveway is sufficiently long enough (approximately 20’- 9”) to allow for a vehicle to wait to enter a stall within the carousel. 6-14
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Figure 6. Project Site Plan Showing Loading Area
Source: Nadel Special Projects, Inc.

3. The alternative parking facility shall be operated by one or more parking attendants, as determined through the conditional use permit process, at all times during the hours of operation, so that it is valet operated to service the use needs of the commercial facility for which it provides required parking;
As noted earlier in this section of this report, on-site attendants will be available during hours of operation to assist in vehicle parking/retrieval.

4. The design of the alternative parking facility shall meet all applicable California building codes, as approved by the community development department; The proposed project will be subject to all applicable codes upon review by the City’s Development Services Program after approval of the proposed entitlements.

5. An alternative parking facility shall comply with all applicable development standards, including those set forth in article 16.5 of this chapter [Title 10, Chapter 3 of the BHMC] and excluding the city's minimum parking standards if modifications to those standards are approved as part of the conditional use permit;
As proposed, the project complies with all applicable development standards within the pedestrian oriented area, such as not allowing a use other than a retail use or a hotel to occupy a space with more than twenty five feet (25’) of street frontage on the ground floor of any building or structure and prohibiting medical uses and portions of pharmacies on the ground floor,. The location of the 6-15
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APF to the rear of the project site will not adversely affect the pedestrian oriented area. While the proposed mechanical lifts have a useable length and width of 7’-10 1/2” x 18’-8 7/16” and an inside height clearance of approximately 6’-10 11/16” additional space within the columns of the APF for access/egress measure 10’-9 7/8” x 21’-7 7/8” (per the Operations Plan provided in Attachment F).

Additionally, BHMC §10-3-2740.E identifies a number of conditions, included in Attachment A, that the Planning Commission may impose as necessary to address any potential adverse impacts resulting from the construction and use of an APF to provide required parking. Such potential conditions relate to the requirement of an inspection report; maintenance of a service contract that provides maintenance and 24-hour emergency service; requiring sufficient valet drop off space to accommodate a minimum of three vehicles if utilizing City streets for the drop off location.

The draft resolution (Attachment B) includes project-specific conditions that address the inspection report, service contract, and a six-month and one-year review requirement. However, per the Parking Operations Plan (Attachment F), twelve employees are anticipated to park at the project site and such employees would utilize the on-site valet service. The APF would be utilized for employee vehicles as the turnover rate for such vehicles would be lower than for customers visiting the stores. Visitors and any employees not utilizing the valet parking operation may selfpark on city streets or at nearby City-owned parking structures.5 Additionally, the drop-off location for the valet operation is not proposed to utilize city streets and, accordingly, no condition is proposed to require accommodation of three vehicles within the drop off area.

Traffic/Trip Generation/Loading
The proposed project would replace an existing two-story commercial building with a three-story commercial/office building. However, as noted in the environmental report prepared for the project (Attachment H) by Rincon Consultants, Inc., the project is screened out from requiring detailed Vehicle Miles Traveled (VMT) per the City’s adopted Vehicle Miles Traveled (VMT) thresholds and local transportation assessment requirement as it is a commercial project consisting of less than 50,000 square feet and thus considered locally serving retail and because of its location in a transit priority area. Additionally, the project would not alter existing vehicle access to the site and would continue to use the one-way service alley at the rear of the site for access to the on-site parking spaces. Therefore, the project would not create hazardous traffic conditions due to site design or trip generation.

In Lieu Parking
The project includes a request to participate in the City’s In Lieu Parking Program for 28 spaces, which are required to accommodate the balance of the required parking that is not provided through the APF or the one accessible space. Pursuant to BHMC §10-3-2730, the parking requirement for retail uses is one space per 350 square feet. Based on a net floor area of 14, 343 square feet, this results in 40.98 required parking spaces, which would be rounded up to 41 parking spaces. Thirteen spaces are provided on-site and the remaining parking spaces are proposed to be provided through the payment of in lieu parking fees. 5 Map available at http://www.beverlyhills.org/cbhfiles/storage/files/692528978885587847/ParkingStructuresGuide10-2012.pdf 6-16
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Pursuant to BHMC §10-3-3302, a property must comply with the following bulk and size limits in order to participate in the In Lieu Parking Program:

A. The site areas shall not exceed sixteen thousand (16,000 square feet) B. The floor area ratio to the ground area of any building constructed on the site shall not exceed two to one (2:1).

C. The height of any building on the site area shall not exceed forty five feet (45’) in height.

D. No building on the site area that was constructed after June 17, 1976, shall exceed three (3) stories in height.

Additionally, the project must be an eligible use (i.e., retail) and be located within an In Lieu Parking District. Based on the use, location, and design of the proposed project, it is eligible to participate in the City’s In Lieu Parking Program as the general office component of the project will be served by the APF and the one ADA-accessible parking space.

In order to assess the availability of parking spaces within nearby parking structures, the applicant prepared a parking utilization study (Attachment G) assessing parking availability for the four nearest public structures as shown on Table 1.

Table 1. Supply of Nearby Public Parking Facilities
Address
Number of Spaces1
Regular ADA2 EV3
Valet
ADA Valet
Valet
(Tandem) 1-Hour TOTAL
Lot 1 Beverly North 266 7 7 0 0 0 0 280
Lot 2 Beverly-Cañon
Gardens 577 10 4 152 7 0 8 758
Lot 12 Dayton Way 185 7 2 0 0 0 25 219
Two Rodeo 3 8 4 121 0 22 0 158
TOTAL 1,031 32 17 273 7 22 33 1,415
Source: Crain and Associates
1Parking supplies include only those spaces open to the general public and do not include Reserved, Loading, No Parking, or Monthly Parking areas.
2 ADA = Americans with Disabilities Act accessible
3 EV = Electric Vehicle,
Surveys were conducted on Tuesday, March 26, 2019; Saturday, March 30, 2019; Tuesday, April 2, 2019; and Saturday, April 6, 2019). It should be noted that because of the ongoing COVID-19 Pandemic, it is difficult to obtain accurate parking counts under current conditions. Accordingly, the parking availability counts were obtained prior to the Los Angeles County “Safer at Home” Emergency Order that was imposed in March 2020 as a result of the Pandemic. Staff believes that the parking availability counts are an accurate reflection of the parking that would otherwise be available under normal circumstances.

On the days the surveys were conducted, they were conducted every hour between 10:00 AM and 6:00 PM (which match the normal operating hours of nearby commercial uses and cover the typical peak-demand hours for nearby parking garages). As noted in Table 1, the overall parking supply for all four parking garages is 1,415 parking spaces. On the weekday survey dates, the total available parking supply across these four garages fluctuated between 522 and 908 spaces 6-17
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between the hours of 10:00 AM and 6:00 PM. On the Saturday survey dates, the total available parking supply varied between 538 spaces and 967 spaces during the eight-hour survey. Thus, the available parking supply in these garages did not fall below 522 available parking spaces at any point during the weekday and Saturday surveys. Therefore, the available parking supply at these structures would exceed the anticipated off-site parking demand of the Project (28 spaces).

The full results of the survey are available in Attachment G.

Zone Text Amendment
As stated above, the BHMC currently contains standards for APFs and these facilities are allowed to be used to satisfy required parking with the granting of a CUP. The facility proposed at the project site deviates from several of the existing regulations and therefore, requires amendment to the existing code language. The proposal is to amend certain regulations within the definitions section (BHMC §10-3-100) and the APF section (BHMC §10-3-2730.4) of Title 10, Chapter 3 of the BHMC to allow for the project to be approved as proposed. As outlined in the draft ordinance (Attachment D), the proposed ZTA includes the following changes to the existing code:
x Exempt APF enclosures not more than 15’-0” in height above an adjacent roof deck from a building’s overall height (BHMC §10-3-100, “Height of Building, A. Nonresidential Zones”). This amendment is required in order to allow the proposed AFP, which is 60’ in height, to be constructed in the C-3 zone.
x Expand the floor area exemption for above-grade parking facilities within enclosures and within commercial zones (BHMC §10-3-100, “Floor Area, A. Nonresidential and multifamily residential zones”). This amendment is required in order to allow the proposed AFP to be constructed, but not count toward the maximum floor area on the site. Without this amendment the area of the APF would count toward the maximum floor area on the site. x Modify APF standards to remove the prohibition on above-grade APFs provided that such facilities are set back at least 40’-0” from a front property line (BHMC §10-3-2730.4.A.1).

This amendment is required in order to allow the proposed facility, as the current code regulations require such facilities to be located fully subterranean. x Modify conditions of approval for an APF by removing the prohibition on on-site employee parking on a site in which an alternative parking facility is permitted (BHMC §10-3- 2730.4.E.3). This amendment is required to allow for the APF to serve employees to satisfy the parking requirement not otherwise provided via In Lieu parking. x Modify conditions of approval for an APF to allow such a facility to serve uses providing a non-luxury service or product at the discretion of the reviewing authority (BHMC §10-3- 2730.4.E.5). This amendment is required because the current code only allows APFs to be constructed for businesses providing luxury services or products. The APF in the proposed project would provide required parking for the office uses in the building. x Expand the pilot program to allow for more than two applications for an APF (increasing the program from two to five applications); (BHMC §10-3-2730.4.F).

Development Standards
The proposed height exemption for an enclosed APF would function similar to the height exemptions for structures enclosing elevator equipment and/or elevator lobbies (BHMC §10-3- 100, “Height of Building,” A.3”), structures enclosing stairs required by law to be carried to the 6-18
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roof (BHMC §10-3-100, “Height of Building,” A.4), and penthouse structures used exclusively for mechanical equipment for a building or structure (BHMC §10-3-100, “Height of Building,” A.5), which allow for such elements of a building or structure to be exempt from height calculations provided that such structures are not more than 15’-0” above the adjacent roof deck. Accordingly, the proposed exemption for APF enclosures would allow such structures to be similarly exempted from a building’s height provided that they are not more than 15’-0” above the adjacent roof deck.

These proposed exemptions, in conjunction with the removal of the prohibition on above-grade APFs, seek to allow for greater flexibility in siting and encouraging such facilities, consistent with the City’s General Plan which supports measures that help reduce parking demand and the space required for parking and a variety of parking strategies to maximize City resources, promote economic development, and encourage alternative modes of travel within the City. To preclude such structures from being located within a building’s frontage or in an otherwise similarly undesirable location on a site within the City’s premier pedestrian and commercial district, the proposed ZTA would require that all above-grade APFs be set back at least 40’-0” from a front property line, which is consistent with the floor area exemption for above grade commercial parking that exempts such parking spaces provided that not less than the front forty feet (40’-0”) of the ground floor is devoted to retail sales, offices, or financial uses (BHMC §10-3-100, “Floor Area,” A.6.a.).

Required Findings/Review Process
The proposed ZTA regulations also modify certain standards within the section BHMC related to the projects that are eligible to utilize APFs for required parking as well as conditions of approval that may be imposed on an APF. One proposed modification grants the Planning Commission greater discretion when conditioning an APF pursuant to a Conditional Use Permit by allowing such a facility to serve non-luxury uses should the Commission authorize it (BHMC §10-3- 2730.4.E.5). Additionally, as this application is the second application for an APF that the City has received since the BHMC was amended to allow for such facilities (as the first project approved has since expired), an expansion of the program from two to five applications (BHMC § 10-3-2730.4.F) will allow the City to consider up to three additional applications beyond the proposed project, thereby encouraging investment in APFs, while maintaining its status as a pilot program to prevent an undue preponderance of applications for a technology not yet familiar to the City. It should be noted that a third application has been submitted to the City to allow the use of an APF for a new luxury retail building on North Rodeo Drive; however, the ability for the City to fully process that application is dependent upon the expansion of the pilot program. Should the Commission not recommend expansion of the pilot program, the third pending application would require a redesign of the project or the subsequent submittal of another ZTA to request expansion of the pilot program. This modification also seeks to allow for greater flexibility in siting and encouraging such facilities, consistent with the City’s General Plan which supports measures that help reduce parking demand and the space required for parking and a variety of parking strategies to maximize City resources, promote economic development, and encourage alternative modes of travel within the City.

NEXT STEPS
Staff recommends that the Planning Commission conduct a public hearing and receive testimony on the Project; adopt a resolution recommending the City Council adopt the proposed Zone Text Amendment modifying certain standards related to alternative parking facilities; adopt a resolution 6-19
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conditionally approving the Conditional Use Permit, Development Plan Review, and In Lieu Parking, contingent on the City Council’s approval of the ZTA; and find the project exempt from CEQA.

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:

Timothea Tway, AICP
City Planner
Timothea Tway, AICP
City Planner
6-20
Attachment 3
Planning Commission Resolution
No. 1965
1 RESOLUTION NO.

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF BEVERLY HILLS CONDITIONALLY APPROVING A

DEVELOPMENT PLAN REVIEW, CONDITIONAL USE

PERMIT, AND IN LIEU PARKING REQUEST TO CONSTRUCT

A NEW COMMERCIAL BUILDING WITH ALTERNATIVE
PARKING FACILITY ON THE PROPERTY LOCATED AT 317
NORTH BEVERLY DRIVE (PL2100010)
The Planning Commission of the City of Beverly Hills hereby finds, resolves, and determines as follows:

Section 1. Murray D. Fischer of The Law Offices of Murray D. Fischer, on behalf of Sterling Organization (collectively the “Applicant”), has submitted an application for a Development Plan Review, Conditional Use Permit, and In Lieu Parking to allow the construction of a new three-story commercial building with an alternative parking facility on the property located at 317 North Beverly Drive (the “Project). Pursuant to §10-3-3100.A of the Beverly Hills Municipal Code (BHMC), all uses involving new construction that require the issuance of a building permit other than new construction subject to a discretionary permit (excluding Architectural Review) or any other interim zoning ordinance of the City are subject to a Development Plan Review. Pursuant to BHMC § 10-3-2730.4.A., a Conditional Use Permit, pursuant to the provisions of article 38 of Title 10, Chapter 3 of the BHMC, shall be obtained prior to any alternative parking facility commencing provision of required parking spaces for any use.

Pursuant to BHMC § 10-3-3300, the granting of In Lieu Parking requires an application for participation in the City’s In Lieu Parking program. Therefore, the Project requires entitlements that may be granted by the Planning Commission.

Section 2. The Project involves a request to construct a new three-story (45’-0” tall), 14,343 square foot commercial building with a 60’-0” tall enclosure for an alternative parking

2 facility located to the rear of the proposed structure. Additionally, the Applicant has requested to obtain 28 In Lieu Parking spaces to satisfy the balance of required parking not provided onsite.

Retail uses would occupy the first two floor levels with an office use proposed on the third. The alternative parking facility holds a maximum of 12 vehicles and shall serve the employees of the third floor office tenant. One ADA parking space plus one van loading space in the rear of the property shall be maintained. While alternative parking facilities are currently permitted as part of a City pilot program through the issuance of a Conditional Use Permit, the applicant is requesting to modify certain standards for such facilities through amending certain sections of the BHMC related to allowing such facilities to be located above-grade, allowing such facilities to serve employees of a site which they serve, allowing such facilities to serve uses providing luxury and non-luxury products and services, extending the current pilot program to allow for more than two applications for such facilities, and establishing allowances for exempting such facilities from a building’s height and floor area. The project is located in the City’s Business Triangle and covers a single lot with a site area of approximately 7,628 square feet and dimensions of 50’-0” (width by 152’-6” (depth). The project site is surrounded by commercial buildings varying in height between one and three stories, with significantly taller buildings located south of Dayton Way. The site is currently improved with a two-story, multi-tenant structure measuring approximately 30’-0” tall.

A surface parking lot is located to the rear of the project site, adjacent to an alley, with space for 10 vehicles. The existing building was designed by Allen G. Siple who is listed on the City’s list of Local Master Architects. A review of the Historic Resources Technical Report prepared by the applicant determined that the integrity of the property has been lost due to substantial alteration and is thus not considered a historic resource under CEQA and does not meet the City’s criteria for local landmark designation

3 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 32 Categorical Exemption (Infill Development Projects) in accordance with the requirements of Section 15332 of the State CEQA Guidelines. This exemption is applicable projects that meet all five requirements to be considered infill development projects:
(a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.
(b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. (c) The project site has no value as a habitat for endangered, rare or threatened species.
(d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
(e) The site can be adequately served by all required utilities and public services.

The Project is consistent with its general plan designation, goals and policies, as well as zoning designation. Consistency with all applicable zoning regulations are contingent on City Council’s approval of the Zone Text Amendment. A condition is included in this resolution noting that approval of discretionary entitlements (Development Plan Review, Conditional Use Permit, and In Lieu Parking) is contingent upon approval from the City Council on the proposed Zone Text

4 Amendment. 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 29, 2021 to all property owners and residential occupants within a 1,000-foot radius (plus block face) of the property; on-site notices were posted on the project site on October 29, 2021; and a notice was published in two newspapers of local circulation, the Beverly Hills Courier on October 29, 2021 and the Beverly Hills Weekly on November 4, 2021. On November 18, 2021, the Planning Commission considered the application at a duly noticed public hearing. Evidence, both written and oral, was presented at the meeting.

Section 5. In reviewing the request for a Development Plan Review for new construction, the Planning Commission considered whether it could make the following findings in support of the Project:

1. The proposed plan is consistent with the general plan and any specific plans adopted for the area.

2. The proposed plan will not adversely affect existing and anticipated development in the vicinity and will promote harmonious development of the area.

3. The nature, configuration, location, density, height and manner of operation of any commercial development proposed by the plan will not significantly and adversely interfere with the use and enjoyment of residential properties in the vicinity of the subject property.

5 4. The proposed plan will not create any significantly adverse traffic impacts, traffic safety hazards, pedestrian-vehicle conflicts, or pedestrian safety hazards.

5. The proposed plan will not be detrimental to the public health, safety or general welfare.

Section 6. Based on the foregoing, the Planning Commission hereby finds and determines as follows with respect to the request for a Development Plan Review:

1. The Project has been determined to be consistent with the goals and policies set forth in the General Plan for commercial uses located within the City’s Business Triangle. Specifically, it is consistent with the General Plan’s goals and policies to maintain and enhance the character of the City’s business districts, exhibit a high level of site planning and design, promote pedestrian-active streets, accommodate diverse uses for customers that also support the needs of local residents, support and retaining high-quality businesses, and ensure an adequate parking supply while supporting measures that help reduced parking demand and space required for parking. The Project is not located within any specific plan areas.

2. The Project will not adversely affect existing and anticipated development in the vicinity and will promote harmonious development of the area. The Project replaces an existing two-story commercial building with a small surface parking lot abutting an alley. Existing development in the area consists of commercial buildings that are typically between one (1) and three (3) stories in height, with retail uses on the ground floor—consistent with the Project. Construction of the Project, which is a three-story commercial building an Alternative Parking

6 Facility, is not anticipated to adversely affect existing and anticipated development on the adjacent commercially zoned properties. The Project is also designed in a high quality, contemporary architectural style that will enhance the surrounding area. Accordingly, it is considered to be a harmonious addition that will help to maintain the commercial activity and pedestrianoriented nature of North Beverly Drive.

3. The Project is centrally located within the City’s Business Triangle and is fully surrounded by other commercial properties. The nearest single-family residential area is located over 1,000’ away to the northwest along North Rexford Drive; the Maybourne Beverly Hills Hotel, which includes condominiums within the top two floors, is located approximately 420’ to the southwest. Accordingly, the construction and operation of the three-story commercial building will not significantly and adversely interfere with the use and enjoyment of residential properties in the vicinity of the subject property as a significant amount of commercial development exists between the Project site and residential properties.

4. Based on the City’s adopted Vehicle Miles Traveled (VMT) thresholds and local transportation assessment requirements, the Project was screened out from providing detailed traffic and VMT analyses as it is a commercial project consisting of less than 50,000 square feet and thus considered locally serving retail in addition to its location in a transit priority area. With a total retail floor area across two floor levels of less than 12,000 square feet (9,793 square feet proposed), it is presumed to generate less than 50 peak hour trips resulting in a

7 negligible amount of added trips per the City’s local transportation assessment requirements. Regarding the alternative parking facility, the cycle times for a parked vehicle to be lifted and an empty space delivered to grade level within the alternative parking facility are approximately 20 – 90 seconds. In the event of a vehicle approaching the parking lift before the empty space is delivered to grade, the entrance drive into the lift can hold a large SUV without encroachment into the alley. In the event that another vehicle arrives while an idling vehicle waits to enter the alternative parking facility, the loading area will serve as a temporary waiting area. In the event of an additional vehicle waiting to enter the facility, the onsite attendant will direct drivers to continue through the alley and loop around to prevent any bottlenecks within the alley. Because the Project will continue to utilize the alley to the rear of the site for loading and deliveries while the primary entrance will continue to be located along North Beverly Drive, new conflicts between pedestrians and vehicles will be prevented. Regular deliveries will be made using vehicles that meet the van size requirements defined in the BHMC and the owner/landlord of the building will require tenants to schedule their deliveries during off-peak hours to avoid the main arrival/departure time windows of the employees/visitors parking in the alternative parking facility. Deliveries are expected to occur primarily between the hours of 11 AM and 4 PM local time, whereas peak times for employees will be 9 AM and 10AM for arrivals and 4 PM to 6PM for departures. Delivery vehicles are expected to stage in the loading area for 15 minutes or less per delivery and a parking attendant onsite during will assist in

8 directing delivery vehicles in the event of a conflict with other delivery vehicles or vehicles waiting to enter the alternative parking facility. Conditions have been added to this resolution regarding scheduling of deliveries during off peak hours and prohibiting staging in the alley or within the accessible space.

Therefore, the proposed plan will not create any significantly adverse traffic impacts, traffic safety hazards, pedestrian-vehicle conflicts, or pedestrian safety hazards.

5. The Project will not be detrimental to the public health, safety or general welfare as it will be constructed in accordance with all applicable building codes. The third level terrace is to be utilized by the tenant of the office suite proposed for the third floor and buffered from North Beverly Drive and the neighboring southerly property by a planter measuring approximately 3’-6” tall and 4’-6” wide. Additionally, The alternative parking facility will be staffed at all times by an attendant while the alternative parking facility will include “failsafe” operation and a backup generator and other contingency features including 24-hour emergency service and the ability for an attendant to safely retrieve vehicles in the event of backup failure.

Section 7. In reviewing the request for a Conditional Use Permit for an alternative parking facility, the Planning Commission considered whether it could make the following findings in support of the Project:

1. The proposed location of any such use will not be detrimental to adjacent property or to the public welfare.

9 2. The proposed location of the alternative parking facility will not be detrimental to adjacent property or to the public welfare.

3. Due to circumstances such as lot size, lot shape, lot location, or other existing conditions of the site, the applicant has demonstrated that an alternative parking facility is a reasonable method of providing code required parking.

4. The use of an alternative parking facility enhances the design of the proposed project and does not result in a substantial adverse impact to the character of the surrounding area.

5. The proposed alternative parking facility and operation thereof will not create any material adverse traffic or parking impacts, traffic safety hazards, pedestrian-vehicle conflicts, or pedestrian safety hazards.

Section 8. Based on the foregoing, the Planning Commission hereby finds and determines as follows with respect to the Conditional Use Permit:

1. The alternative parking facility is proposed to be located on a commercial site that is fully surrounded by other commercial properties and will be fully enclosed. The nearest single-family residential area is located over 1,000 feet away on North Rexford Drive. The alternative parking facility will operated by an attendant with a pick-up and drop-off area and loading area located to the rear of the site, parallel to the alley. Access to and egress from the alternative parking facility will be provided by a standard driveway perpendicular to the alley. At all times, the alternative parking facility will be staffed by an on-site attendant to direct vehicles into/out of the alternative parking facility, operate the facility, and direct vehicles through the alley or into the loading and pick-

10 up/drop off area. Accordingly, the trip generation analysis and environmental assessment demonstrate that traffic impacts to the alley and on surrounding streets due to the parking operations will not be significant. Additionally, the environmental assessment determined that noise from operation of the alternative parking facility, when compared to the existing noise environment characterized by motor vehicle traffic, would not contribute to a perceptible increase in noise at the nearest noise-sensitive receiver (The Maybourne Beverly Hills hotel) located approximately 425 feet to the southeast of the site.

The enclosure for the alternative parking facility and its location to the rear of the existing building would further mask any noise associated with the operation. Furthermore, the alternative parking facility will be provided with “fail-safe” operations that automatically shut down the system if a safety barrier is crossed. Additionally, in the event of a power failure and backup generator failure, manual lowering of vehicles can be accomplished via a manual brake release lever. When the lever is pushed, the carousel slowly revolves in a controlled fashion until a car parked in the carousel is delivered to the ground level. The process is then repeated for each remaining vehicle in the carousel.

The manual lowering procedure may be conducted by a trained attendant and would allow for the retrieval of cars in the event of a power failure and backup power failure. This resolution also includes a condition that requires the alternative parking facility be provided within 24-hour emergency service for all the aspects of the alternative parking facility, including, but not limited to mechanical parking lifts installed in the alternative parking facility. Therefore,

11 as conditioned, the proposed location of any such use (i.e., the alternative parking facility) will not be detrimental to adjacent property or to the public welfare.

2. As described in paragraph 1 of this section, based on the location of the Project, the location of the alternative parking facility in a fully enclosed structure along the rear of the site, the distance from the nearest single-family residential area and other sensitive receptors, and the parking and loading operations, the proposed location of the alternative parking facility will not be detrimental to adjacent property or to the public welfare.

3. The Project site measures approximately 50’ wide by 152’-6” deep (7,628 square feet). The property is currently improved with a two-story commercial building that will be demolished as part of the Project. The use of an alternative parking facility provides approximately 29.25% of the Project’s parking requirement (12 out of 41 spaces) within an enclosure that has a ground floor footprint of approximately 456 square feet, is accessed via a standard driveway accessed from the existing 20’-0” wide alley, within an enclosure that measures 60’-0” tall. With one (1) accessible located onsite, the remaining balance of required parking spaces (28) will be provided offsite through participation in the City’s In Lieu Parking Program upon approval from the Planning Commission. With the compact footprint of the alternative parking facility, the Project will be able to provide 12 parking spaces on 456 square feet of ground floor area, or nearly 6% of overall the lot. For context, the overall space that would be dedicated to 12 standard surface level parking spaces (excluding

12 access and turning/backup aisles) would require 2,052 square feet or approximately 27% of the overall lot. As such, the use of an alternative parking facility is a reasonable method to provide required parking in a more efficient manner and to reduce the amount of excavation required within the City’s Business Triangle. Additionally, the location of the Project site, which is centrally located within the City’s Business Triangle, provides for a range of parking options that include on-site parking via nearby valet operation, the onsite alternative parking facility, metered street parking, and nearby City parking structures. Therefore, the use of an alternative parking facility to provide the balance of required parking for the Project is a reasonable method of providing code required parking.

4. As noted in this resolution, the use of the alternative parking facility allows 12 parking spaces to be provided in a compact, onsite location, accessed from a standard driveway off of an existing a one-way alley that currently serves existing commercial operations along this block of North Beverly Drive. The alternative parking facility thus provides a more efficient manner of parking that does not result in additional surface parking or construction of subterranean parking and preserves sufficient loading space and provides an accessible parking space. Additionally, the Project will replace an existing surface parking lot to the rear of the building resulting in a more efficient and better utilization of space and a more attractive frontage along the alley. Accordingly, the use of an alternative parking facility will enhance the design of the Project and will

13 not result in a substantial adverse impact to the character of the surrounding area.

5. As noted in paragraph 4, section 6 of this resolution, the size of the Project, in addition to its location and proposed mix of uses, are expected to generate a negligible amount of vehicle trips per hour in accordance with the City’s local transportation assessment requirements. The design and operation of the Project, in addition to the mitigating features presented by the applicant and the conditions in this resolution, result in a Project that does not create traffic safety hazards, pedestrian-vehicle conflicts, or pedestrian safety impacts.

Section 9. In reviewing the request for In Lieu parking, the Planning Commission considered whether it could make the following findings in support of the Project:

1. Participation in the in lieu parking district, as approved, will not adversely affect existing and anticipated development in the vicinity and will promote harmonious development of the area.

2. Participation in the in lieu parking district, as approved, will not create any significantly adverse traffic safety impacts, pedestrian-vehicle conflicts, or parking impacts.

3. Participation in the in lieu parking district will not be detrimental to the public health, safety and welfare.

Section 10. Based on the foregoing, the Planning Commission hereby finds and determines as follows with respect to the request for In Lieu Parking:

14 1. As noted in paragraph 2 of section 6 of this resolution, existing development in the area consists of commercial buildings that are typically between one (1) and three (3) stories in height, with retail uses on the ground floor—consistent with the Project. Construction of the Project, which is a three-story commercial building an Alternative Parking Facility, is therefore not anticipated to adversely affect existing and anticipated development on the adjacent commercially zoned properties. The Project is also designed in a high quality, contemporary architectural style that will enhance the surrounding area.

Accordingly, it is considered to be a harmonious addition that will help to maintain the commercial activity and pedestrian-oriented nature of North Beverly Drive.

2. As noted in paragraph 4 of section 6 and paragraph 4 of section 8, the size of the Project, in addition to its location and proposed mix of uses, are expected to generate a negligible amount of vehicle trips per hour in accordance with the City’s local transportation assessment requirements. Additionally, based on parking surveys conducted hourly by the applicant between 10:00 AM and 6:00 PM on Tuesday, March 26, 2019; Saturday, March 30, 2019; Tuesday, April 2, 2019; and Saturday, April 6, 2019 every hour found weekday available parking supply across four nearby parking garages to fluctuate between 522 and 908 spaces between the hours of 10:00 AM and 6:00 PM. On the Saturday survey dates, the total available parking supply varied between 538 spaces and 967 spaces during the eight-hour survey. Thus, the available parking supply in these garages did not fall below 522 available parking spaces at any point during the

15 weekday and Saturday surveys. Therefore, the available parking supply at these structures would exceed the required parking of the Project (28 spaces). The available parking supply in nearby garages, in addition to the design and operation of the Project presented by the applicant together with the conditions in this resolution, result in a Project that does not create traffic safety hazards, pedestrian-vehicle conflicts, or pedestrian safety impacts.

3. As noted throughout this resolution, the design and location of the Project, in addition to contingency and safety features proposed by the applicant and as conditioned in this resolution, result in a Project that will not be detrimental to adjacent property or to the public welfare. Moreover, with the availability of parking spaces as noted in paragraph 2 of this section, participation in the in lieu parking district will not be detrimental to the public health, safety and welfare.

Section 11. Based on the foregoing, the Planning Commission hereby approves the requested entitlements, subject to the following conditions:

Project Specific Conditions

1. This approval is for those plans submitted to the Planning Commission on November 18, 2021, a copy of which shall be maintained in the files of the Community Development Department. The project shall be consistent with such plans, except as otherwise specified in these conditions of approval.

2. Minor amendments to the approved Project shall be subject to approval by the Director of Community Development or her/his designee. A significant change to the

16 approved Project, as determined by the Director, shall be subject to Planning Commission Review.

3. Project plans are subject to compliance with all low impact development regulations, and 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 Code provisions is required prior to the issuance of a building permit.

4. The Planning Commission reserves jurisdiction relative to traffic, parking, loading, and noise issues and the right to impose additional conditions as necessary to mitigate any other unanticipated impacts caused by the proposed Project as they arise. In the event that the Project is found to result in any unanticipated impacts and a hearing is scheduled to review the Project, the full cost of the review hearing and implementation of any additional conditions or mitigation measures shall be paid for by the Property Owner.

5. This resolution shall not become effective unless and until the proposed associated Zone Text Amendment has been duly adopted by the City Council and has taken effect.

6. Usage of the third floor outdoor terrace shall be limited to employees of the building only and/or their guests. No admittance or use fees shall be charged for the use of the facility and no food service shall be provided in connection with the unenclosed terrace.

7. The third floor of the Project shall be used solely for general office purposes or other substantially similar uses as determined by the Director of Community Development.

17 8. Usage of the alternative parking facility shall be limited solely to the employees of the third floor office tenant and/or their guests. Key-fobs/pin numbers shall only be provided to employees of tenants occupying the building’s third floor.

9. One or more attendants shall be onsite during anticipated peak hours of operation of the alternative parking facility (8 AM – 10 AM, and 4 PM – 6 PM, Monday through Friday excluding holidays) to assist with access/egress into the alternative parking facility, delivery vehicle loading and staging, and to instruct vehicles to continue through the alley to prevent congestion.

10. Deliveries in the alley shall be made only during off-peak hours for the alternative parking facility and prohibited between the hours of 8 AM – 10 AM and 4 PM – 6 PM, Monday through Friday.

11. Staging and queuing of vehicles shall occur on private property shall be confined solely to the loading area on the Project site.

12. INSPECTION REPORT. A maintenance inspection report and usage report for any alternative parking facility, prepared at the sole expense of the property owner, shall be submitted at any time upon request from the Community Development Department.

13. SERVICE CONTRACT. The owner of the alternative parking facility shall at all times maintain one or more contracts with an entity or entities that provides maintenance and twenty-four (24) hour emergency service for all aspects of the alternative parking facility, including, but not limited to mechanical parking lifts installed in the alternative parking facility. The property owner shall provide a copy of the maintenance contract or contracts upon request by the Director of Community Development or designee.

18 14. The approval for twenty-eight (28) In Lieu parking spaces is contingent upon full payment of said amount of spaces to the City in accordance with the Schedule of Taxes, Fees & Charges prepared by the City of Beverly Hills Finance Department and shall be rendered prior to issuance of a building permit.

15. The Project shall be subject to review and approval by the Architectural Commission of the City.

16. The parking spaces in the Alternative Parking Facility shall be equipped for charging of electric vehicles, with 220-volt systems, up to the maximum number of spaces that the electrical system can accommodate with concurrent charging.

Standard Conditions

17. APPEAL. Decisions of the Planning Commission 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. Appeal forms are available in the City Clerk’s office and an appeal fee is required. Decisions involving subdivision maps must be appealed within ten (10) days of the Planning Commission action. An appeal fee is required.

18. RECORDATION. This resolution 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

19 within the required 180 days, this resolution approving the Project shall be null and void and of no further effect. 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.

19. EXPIRATION. The exercise of rights granted in this resolution shall be commenced within three (3) years of adoption of such resolution unless otherwise extended in accordance with the provisions of Section 10-3-207 of the Beverly Hills Municipal Code.

20. VIOLATION OF CONDITIONS: A violation of any of these conditions of approval may result in enforcement action by the City until such violation is abated or the entitlement granted herein is revoked pursuant to BHMC § 10-3-258 or its successor regulation. All costs incurred by the City as a result of abatement of a violation on the property shall be reimbursed by the party in breach of this resolution.

21. 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. ///
///
///

20 Section 12. 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: November 18, 2021
Andrew Licht
Chair of the Planning Commission of the
City of Beverly Hills
Attest:

Timothea Tway, AICP
Secretary of the Planning Commission
Approved as to form: Approved as to content:

David M. Snow Timothea Tway, AICP
Assistant City Attorney City Planner
Community Development Department

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.

CITY OF BEVERLY HILLS )
I, KAREN MYRON, Recording Secretary of the Planning Commission of the City of Beverly Hills, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. 196 duly passed, approved and adopted by the Planning Commission of said City at a meeting of said Commission on November 18, 2021, and thereafter duly signed by the Secretary of the Planning Commission, as indicated; and that the Planning Commission of the City consists of five (5) members and said Resolution was passed by the following vote of said Commission, to wit:

AYES: Commissioners Ross, Demeter, Ostroff, Vice Chair Hudnut, Chair Licht NOES: None
ABSTAIN: None
ABSENT: None
________________________________

KAREN MYRON
Recording Secretary of the
Planning Commission
City of Beverly Hills, California

Certificate Of Completion
Envelope Id: DACF379FC8DC463A8905737829362F9C Status: Completed Subject: Please DocuSign: PC Reso 1965 - 317 N Beverly Dr. DPR, v2.pdf Source Envelope:

Document Pages: 21 Signatures: 5 Envelope Originator:

Certificate Pages: 2 Initials: 0 Karen Myron
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455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.166
Record Tracking
Status: Original
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Signer Events Signature Timestamp
Andrew Licht
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Karen Myron
[email protected]

COMM DEV COMMISSION SPECIALIST,

CD-PLANNING
City of Beverly Hills
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Attachment 4
Planning Commission Resolution
No. 1966
RESOLUTION NO.

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF BEVERLY HILLS AMENDING BEVERLY HILLS
MUNICIPAL CODE §10-3-100 AND §10-3-2730.4 TO REVISE

REQUIREMENTS FOR ALTERNATIVE PARKING

FACILITIES LOCATED IN NON-RESIDENTIAL ZONES AND

FINDING THE AMENDMENTS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT.

WHEREAS, the Planning Commission has considered the proposed Amendment to the City of Beverly Hills Municipal Code, as set forth and attached hereto as Exhibit A (the “Amendments”); and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on November 18, 2021, at which times it received oral and documentary evidence relative to the proposed Amendments; and
WHEREAS, the Planning Commission finds that the proposed Amendments are required because of the benefit to the public interest, health, safety, morals, peace, comfort, convenience, or general welfare, and that such Amendments are consistent with the general objectives, principles, and standards of the General Plan.

NOW, THEREFORE, the Planning Commission of the City of Beverly Hills hereby finds, resolves, and determines as follows:

Section 1. The Amendments were assessed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq.(“CEQA”),

2 the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.), and the City’s Local CEQA Guidelines (hereafter the “Guidelines”). The Planning Commission finds that adoption of the Amendments are exempt from CEQA pursuant to Section 15305 (Class 5, Minor Alterations in Land Use Limitations) of Title 14 of the California Code of Regulations.

The Amendments modify certain standards related to alternative parking facilities and constitute minor changes to land use regulations in areas with an average slope of less than 20%, which do not result in any changes in land use or density. Therefore, the Planning Commission hereby finds that the Amendments are exempt from CEQA pursuant to CEQA Guidelines Section 15305.

Section 2. The Planning Commission does hereby find that the proposed Amendments further the goals and policies set forth in the General Plan for commercial uses located throughout the City. Specifically, the General Plan’s goals and policies to maintain and enhance the character of the City’s business districts, exhibit a high level of site planning and design, promote pedestrian-active streets, accommodate diverse uses for customers that also support the needs of local residents, support and retaining high-quality businesses, and ensure an adequate parking supply while supporting measures that help reduce parking demand and space required for parking on properties located in a commercial zone with a site area not exceeding sixteen thousand (16,000) square feet. The proposed Amendments enable additional investment in alternative parking facilities by modifying certain standards for such facilities that often make them infeasible to construct in many areas of the City. These Amendments provide parameters to allow for enclosures for such alternative parking facilities to be exempt from a building’s height and floor area limitations. Additionally, these Amendments modify the standards and conditions of approval for such facilities to allow them to be located above-grade, serve on-site employees of

3 uses that may not otherwise be eligible to participate in the City’s In Lieu Parking Program, allow such facilities to serve non-luxury uses at the discretion of the Planning Commission, and expand the alternative parking facility pilot program, while maintaining the City’s substantial oversight of the location, operations, and the physical development of a proposed alternative parking facility.

These Amendments will ensure that any proposed alternative parking facility does not create adverse impacts for surrounding properties and uses, and will not conflict with the general welfare of the city. The approval of the proposed Amendments will help stoke greater economic activity in many of the city’s commercial areas, encourage vibrant business activity, and ensure that businesses in the city can remain competitive with those located in surrounding jurisdictions by enabling greater flexibility for providing parking and greater efficiency in use of scarce land. In addition, approval of the proposed Amendments may assist business recovery from the economic downturn caused by the COVID-19 pandemic. For these reasons, the public interest, health, safety, morals, peace, comfort, convenience, and general welfare of the community requires adoption of the Amendments.

Section 3. The Planning Commission does hereby recommend to the City Council the adoption of an ordinance approving and enacting the proposed Amendments substantially as set forth in Exhibit A, which is attached hereto and incorporated herein by reference.

4 Section 4. The Secretary of the Planning Commission shall certify to the passage, approval, and adoption of this resolution, and shall cause this resolution and his Certification to be entered in the Book of Resolutions of the Planning Commission of the City.

Adopted: November 18, 2021
Andrew Licht
Chair of the Planning Commission of the
City of Beverly Hills
Attest:

Timothea Tway, AICP
Secretary of the Planning Commission
Approved as to form: Approved as to content:

David M. Snow
Assistant City Attorney
Timothea Tway, AICP
City Planner

5 EXHIBIT A

[DRAFT] ORDINANCE NO. 21-O-_______

AN ORDINANCE OF THE CITY OF BEVERLY HILLS
AMENDING BEVERLY HILLS MUNICIPAL CODE §10-3-100
AND §10-3-2730.4 TO REVISE REQUIREMENTS FOR
ALTERNATIVE PARKING FACILITIES LOCATED IN NONRESIDENTIAL ZONES AND FINDING THE AMENDMENTS

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT.

THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY ORDAINS AS FOLLOWS:

Section 1. On November 18, 2021, the Planning Commission held a duly noticed public hearing after which it adopted Resolution No._____, recommending that the City Council amend portions of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code to amend the definitions of “building height” and “floor area” within nonresidential zones to exempt certain alternative parking facilities otherwise complying with all other provisions of Title 10, and to allow such facilities to be located above-grade, to allow employee parking on site, to allow alternative parking facilities to serve luxury and non-luxury uses, and to expand the alternative parking facilities pilot program from two to five applications (collectively, the “Amendments”). On _________, the City Council held a duly noticed public hearing, received public testimony, and thereafter introduced this Ordinance.

facility and a request for 28 offsite in lieu parking spaces. The City Council hereby finds that the Project is exempt from CEQA pursuant to Section 15305 (Minor Alterations in Land Use Limitations) of Title 14 of the California Code of Regulations. These exemptions are applicable because the Project involves amendments which constitute minor changes to land use regulations in areas with an average slope of less than 20%, which do not result in any changes in land use or density.

Section 4. The City Council hereby amends §10-3-100 of Article 1 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code by amending the definition of the term “Height of Building” and “Floor Area,” as set forth below, with all other definitions in the section remaining unchanged:
“HEIGHT OF BUILDING: A. Nonresidential Zones: Except as otherwise provided for walls and fences, in nonresidential zones, “height” shall mean the distance from the highest point of the natural ground level at the perimeter of a building or structure or from the highest point of the public sidewalk adjoining the lot or parcel upon which the building or structure is to be erected, whichever is higher, to the highest element of the building or structure. The following elements of a building or structure shall not be considered when determining its height pursuant to this subsection A:

1. Vent pipes that are not higher than required by law.

provisions of subsection A2 of the definition of Floor Area, and if such structure is used for no purpose other than providing the minimum space required for the elevators and their equipment and such lobby areas.

7. Parapets or handrails not more than forty five inches (45”) in height as measured from the roof or floor which they surround.

1. Stair shafts;

3. Courts;

5. Rooms exclusively housing building operating equipment or machinery;

7. Mall areas; and

An “alternative parking facility”, as defined in section 10-3-100 of this chapter, may be used to meet the parking requirements of section 10-3-2730 of this chapter provided the

alternative parking facility and the use(s) for which it provides required parking do not include medical uses and are located in a commercial zone on property with a site area not exceeding sixteen thousand (16,000) square feet, and subject to the following:

B. Standards: All alternative parking facilities authorized by a conditional use permit shall comply with the following standards:

4. The design of the alternative parking facility shall meet all applicable California building codes, as approved by the community development department;

C. Information Required For Application: Application submittals for an alternative parking facility conditional use permit shall include information that the director of community development deems to be necessary to determine whether the alternative parking facility can adequately meet the parking needs of the proposed development and determine that no substantial negative impacts will result from the facility. At a minimum,

the following shall be provided as part of the conditional use permit application:

3. Technical Studies: Submittal of technical studies demonstrating that the proposed design and operation of the alternative parking facility will not be detrimental to surrounding uses and properties with regard to noise, visual impacts, area parking and circulation, and existing on site improvements;

4. Disabled Access Parking: Submittal of evidence that the parking provided will comply with all applicable disabled access requirements;

D. Findings: In addition to the findings outlined in article 38 of this chapter, a conditional use permit shall only be issued if the planning commission finds that:

1. The proposed location of the alternative parking facility will not be detrimental to adjacent property or to the public welfare;

3. The use of an alternative parking facility enhances the design of the proposed project and does not result in a substantial adverse impact to the character of the surrounding area;

3. Valet Drop Off: If valet drop off locations associated with a property utilizing an alternative parking facility are proposed on

city streets, excluding alleys, there shall be valet drop off space to accommodate a minimum of three (3) vehicles.

F. Pilot Program: The conditional use permit for an alternative parking facility authorized by this section is a pilot program. The city council or planning commission may take action pursuant to this section on up to five (5) applications. Unless the city council extends this section, this section shall

be repealed after one year of operational experience with each of the five (5) projects. (Ord. 16-O-2712, eff. 12-22-2016)
Section 6. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this Ordinance shall be and remain in full force and effect.

Section 8. 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:

Effective:

ROBERT WUNDERLICH
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
City Attorney

GEORGE CHAVEZ
City Manager

RYAN GOHLICH, AICP
Director of Community Development

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.

AYES: Commissioners Ross, Demeter, Ostroff, Vice Chair Hudnut, Chair Licht NOES: None
ABSTAIN: None
ABSENT: None
________________________________

KAREN MYRON
Recording Secretary of the
Planning Commission
City of Beverly Hills, California

Certificate Of Completion
Envelope Id: 9C994984A40943C683476128A1C3D0F2 Status: Completed Subject: Please DocuSign: PC Reso 1966 - ZTA Alt. Parking Facilites.pdf Source Envelope:

Document Pages: 21 Signatures: 5 Envelope Originator:

Certificate Pages: 2 Initials: 0 Karen Myron
AutoNav: Enabled
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455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.166
Record Tracking
Status: Original
12/15/2021 10:54:28 AM
Holder: Karen Myron
[email protected]
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Signer Events Signature Timestamp
Andrew Licht
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Not Offered via DocuSign
Karen Myron
[email protected]

COMM DEV COMMISSION SPECIALIST,

CD-PLANNING
City of Beverly Hills
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Using IP Address: 198.245.189.166
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Attachment 5
Public Correspondence
154698016.2
Deborah Elisabeth Quick
[email protected]
D. +1.415.344.7157
F. +1.415.344.7050
November 18, 2021
Chair Andy Licht
Vice Chair Thomas C. Hudnut
Commissioner Peter Ostroff
Commissioner Myra Demeter, Ph.D.

Commissioner Gary Ross
Planning Commission
City of Beverly Hills
455 North Rexford Drive
Beverly Hills, CA 90201
Re: November 18, 2021 Agenda Item No. 6 and 319 North Rodeo Drive, DPR Application No. PL2100337, Project No. 386779 -- Request To Consider Amendment to Alternative Parking Facility Pilot Program Dear Chair Licht, Vice Chair Hudnut, and Commissioners Ostroff, Demeter and Ross:

Perkins Coie LLP represents the 319 N Rodeo Drive LLC, the applicant for Development Plan Review Application No. PL2100337, Project No. 386779 (the “Dior Application”). The Dior Application proposes a new, flagship, House of Dior. Included in the Application is a proposal for vertically stacked parking, as contemplated in the City’s alternative parking facility (“APF”) pilot program.

Agenda Item No. 6 on your November 18, 2021 Agenda includes consideration of amendments to Beverly Hills Municipal Code (“BHMC”) Title 10, Chapter 3, Article 27, section 2730.4, authorizing a pilot program for APF. Among the provisions proposed for revision are:
• Modification of the conditions of approval for APF to remove the prohibition on on site employee parking on a site at which an APF is permitted (BHMC § 10-3-2740.4.E.3); and
• Expansion of the pilot program to allow five, rather than two, applications (BHMC § 10-2740.4.F).

Chair Licht
Vice Chair Hudnut
Commissioners Ostroff, Demeter and Ross
November 18, 2021

Page 2 ends

154698016.2
319 N Rodeo Drive LLC supports these amendments, which would allow consideration of the request for an alternative parking facility as part of the Application Very truly yours,
Deborah Elisabeth Quick

Beverly Hills City CouncilFebruary 8, 2022

Beverly Hills City Council
February 8, 2022