STAFF REPORT
Meeting Date: September 12, 2022
To: Honorable Mayor & City Council
From: Timothea Tway, AICP, City Planner
Ryan Gohlich, AICP, Director of Community Development
Subject: Request by Councilmember Mirisch to Discuss Extending the City’s Restrictions on Non-pedestrian Oriented Ground Floor Commercial Uses to Other Parts of the City Including the Southeast Attachments: 1. Map of Pedestrian Oriented Areas
INTRODUCTION
At the request of Councilmember Mirisch, this report provides information about the current City regulations pertaining to ground floor commercial uses in the City with a focus on the regulations in the designated pedestrian oriented areas of the City. The City Council may wish to use this information to guide a discussion on the regulations and determine whether the City Council would like to direct staff to work with the Planning Commission to study this issue further and extend the regulations to other areas in the City.
BACKGROUND
The Beverly Hills Municipal Code (BHMC) regulates the allowable uses in various zones in the City, including what uses are allowed in commercial zones. The BHMC also defines certain areas in the City as pedestrian oriented areas (BHMC Article 16.5 “Restricted Uses in Pedestrian Oriented Areas”). A map of the pedestrian oriented areas is provided in Attachment 1. The areas are generally the western portion of the triangle, parts of Wilshire Boulevard adjacent to the Triangle, and parts of South Beverly Drive. In these areas, special regulations apply to ground floor tenant spaces. The purpose and intent of these regulations are described in the BHMC as follows:
The city's urban design policies call for an urban village design in certain retail areas to promote pedestrian usage. The city council finds that it is necessary to restrict the uses within these areas in order to preserve the urban village atmosphere and promote pedestrian friendly development.
The city council further finds that it is necessary and desirable to protect the public health, safety and general welfare to prevent the commercial Meeting Date: September 12, 2022
spaces in these areas from being dominated by nonretail uses in order to preserve the city's retail tax base and ensure the city's continued ability to provide essential services to its residents.
In summary, the pedestrian oriented areas section of the code divides commercial uses into “retail uses” and “nonretail uses” and states that a nonretail use may not occupy more than 25 feet of street frontage on the ground floor of a pedestrian area unless the Director of Community Development grants a Minor Accommodation to allow up to 30 feet of frontage on the ground floor, or the Planning Commission grants a Conditional Use Permit to allow for more than 30 feet of street frontage on the ground floor. The code does not restrict the width of retail use frontages on the ground floor.
For the purposes of this code section, retail uses are defined in the BHMC as:
“A use which carries on as its principal business the selling of tangible commodities, goods, merchandise or wares, including the selling of food and beverages, directly to the ultimate consumers. For the purposes of this article, notwithstanding and without limiting the foregoing definition, "retail use" shall include restaurants, bars, nightclubs, theaters, beauty shops, nail salons, and spas with a retail component, and retail businesses as defined in section 10-3-100 of this chapter, but shall exclude car dealers.”
Nonretail uses are defined in the BHMC as:
“Any use not defined as a "retail use" pursuant to this article, including, without limiting the foregoing definition, banks, financial lending institutions, real estate offices, title companies, escrow companies, professional offices (e.g., accountants, architects, lawyers or travel agents), manufacturing uses, medical laboratories and offices, hospitals, dry cleaners, veterinary clinics, tailors, spas without a retail component, exercise or health clubs and private training centers, and motion picture plants or studios, but excluding hotels.”
Essentially, these regulations encourage traditional retail, restaurant, and salon type uses that are seen to be more active uses, and discourage the establishment of large nonretail (like offices) uses on the ground floor of these areas. Outside the pedestrian areas, there are no restrictions on whether a retail or nonretail business can be located on the ground floor, or how much frontage a nonretail business may have on the ground floor.
DISCUSSION
When first enacted in 1981, the pedestrian oriented ordinance covered more commercial areas in the City than the current regulations. Over time the areas that were subject to the pedestrian oriented standards were narrowed to what they are today. As illustrated in the attached map, there are commercial areas in the City that are not included in the pedestrian oriented zone today, including, portions of the Business Triangle, Robertson Boulevard, La Cienega Boulevard, portions of Wilshire Boulevard, Olympic Boulevard, and portions of South Santa Monica Boulevard. The City Council may wish to discuss if there is interest in directing staff to work with the Planning Commission to expand the Meeting Date: September 12, 2022
pedestrian oriented areas beyond the current boundaries to encompass some or all of the additional commercial areas in the City. Expanding the pedestrian oriented regulations to these areas could keep larger nonretail uses from occupying the ground floor of commercial spaces, and theoretically encourage the establishment of more retail uses. This could result in enhancing the pedestrian atmosphere in these areas of the City. Changing the regulations could also make it more difficult for nonretail uses to occupy large spaces on the ground floor of commercial buildings by requiring either a Minor Accommodation or a Conditional Use Permit to occupy a space with more than 25 feet of street frontage.
FISCAL IMPACT
No fiscal impact is anticipated at this time since no legislation or policy changes are recommended at this time. There are minor noticing costs associated with the noticing of future ordinances that could result from this discussion.
RECOMMENDATION
Staff recommends that the City Council conduct a study session to discuss the current regulations on commercial uses on the ground floor in various areas of the City and direct staff as appropriate.
Ryan Gohlich, AICP
Director of Community Development
Approved By
Attachment 1
Map of Pedestrian Oriented Areas