AGENDA REPORT
Meeting Date: February 15, 2022
Item Number:
To:
From:
Subject:
Honorable Mayor & City Council
Laurence S. Wiener, City Attorney
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
RECOMMENDATION
It is recommended that the City Council move to waive the full reading and adopt 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 NON-RESIDENTIAL ZONES AND
FINDING THE AMENDMENTS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT."
INTRODUCTION
At its meeting of February 8, 2022, the City Council conducted a first reading of this ordinance and introduced it.
DISCUSSION
This ordinance amends the Beverly Hills Municipal Code to revise the requirements and applicable definitions for alternative parking facilities in non-residential zones and finds the project categorically exempt from further environmental review under the California Environmental Quality Act. The ordinance is a result of a zone text amendment request by an applicant to construct an alternative parking facility in conjunction with a new three-story building located at 317 North Beverly Drive.
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Meeting Date: February 15, 2022
FISCAL IMPACT
This 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 ordinance may result in an overall positive fiscal impact.
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Laurence S. Wiener
City Attorney
Approved By
Attachment 1
ORDINANCE NO. 22-0----
AN ORDINANCE OF THE CITY OF BEYERL Y HILLS
AMENDING BEYERL Y 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 BEYERL Y 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 -1-
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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 highquality 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 often 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 -3-
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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 m determining the total floor area within a building or structure;
5. Rooms exclusively housing building operating equipment or machinery; -6-
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Section 5.
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."
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;
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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;
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 -8-
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 -9-
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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, -10-
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 ifthe planning commission finds that:
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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:
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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 BS 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 -13-
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Section 6.
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."
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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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:
ATTEST:
__________ (SEAL)
HUMAAHMED
City Clerk
APPROVED AS TO FORM:
LAURENCE S. WIENER
City Attorney
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ROBERT WUNDERLICH
Mayor of the City of
Beverly Hills, California
APPROVED AS TO CONTENT:
GEORGE CHAVEZ
City Manager
RYAN GOHLICH, AICP
Director of Community Development