B0785-0001\2824331v1.doc
AGENDA REPORT
Meeting Date: June 27, 2023
Item Number:
To: Honorable Mayor & City Council
From: Laurence S. Wiener, City Attorney
Subject: AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING TITLE 10, CHAPTER 3, ARTICLE 23 OF THE BEVERLY HILLS
MUNICIPAL CODE ESTABLISHING A LIST OF CONDITIONALLY
PERMITTED USES FOR PROPERTIES LOCATED IN THE T-1 AND
T-2 TRANSPORTATION ZONES; AND
FINDING THE ORDINANCE EXEMPT FROM FURTHER REVIEW
UNDER 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 TITLE 10, CHAPTER 3, ARTICLE 23 OF THE BEVERLY HILLS MUNICIPAL CODE
ESTABLISHING A LIST OF CONDITIONALLY PERMITTED USES FOR PROPERTIES LOCATED IN THE T-1 AND T-2 TRANSPORTATION ZONES”; and find the ordinance exempt from further review under the California Environmental Quality Act.
INTRODUCTION
At its meeting of June 6, 2023, the City Council conducted a first reading of this ordinance and introduced it.
DISCUSSION
This ordinance amends portions of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code to allow for surface parking lots, film production staging, construction staging and related storage of materials and partial assembly of temporary model building components, and temporary construction offices and related structures on lots within the City’s T-1 and T-2 Transportation Zones.
E-10
Meeting Date: June 27, 2023
B0785-0001\2824331v1.doc
FISCAL IMPACT
This ordinance would allow for renewed use of the One Beverly Hills project site for construction parking, staging of construction equipment, and temporary offices to facilitate the construction of the One Beverly Hills project, a major project within the City. The project is projected to generate new property and transient occupancy tax revenue as part of the proposed condominium and hotel uses of the One Beverly Hills project. Additionally, future use of the project site as a privately-operated surface parking lot would increase the supply of available parking within the City’s southwest commercial areas while providing for additional business licensing revenue through the operation of the parking lot. 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 to the City.
Laurence S. Wiener
City Attorney
Approved By
ATTACHMENT 1
B0785-0001\2816348v1.doc
ORDINANCE NO. 23-O-________
AN ORDINANCE OF THE CITY OF BEVERLY HILLS
AMENDING TITLE 10, CHAPTER 3, ARTICLE 23 OF THE
BEVERLY HILLS MUNICIPAL CODE ESTABLISHING A LIST
OF CONDITIONALLY PERMITTED USES FOR PROPERTIES
LOCATED IN THE T-1 AND T-2 TRANSPORTATION ZONES
THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY ORDAINS AS FOLLOWS:
Section 1. On March 23, 2023, the Planning Commission held a duly noticed public hearing after which it adopted Resolution No. 2021, recommending that the City Council amend portions of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code to allow for surface parking lots, film production staging, construction staging and related storage of materials and partial assembly of temporary model building components, and temporary construction offices and related structures on lots within the City’s T-1 and T-2 Transportation Zones (collectively, the “Amendments”). On June 6, 2023, 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 use of the property located at 9900 North Santa Monica Boulevard for a surface parking lot and construction parking and staging uses (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 Amendments would allow for surface parking lots, film production staging, construction staging and related storage of materials and partial assembly of temporary model building components, and temporary construction offices and related structures on lots within the City’s T-1 and T-2 Transportation -2-
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Zones, as part of a request of a Conditional Use Permit. The City Council hereby finds that the Project is exempt from CEQA pursuant to Sections 15303 (Class 3 - New Construction or Conversion of Small Structures), 15304 (Class 4 - Minor Alterations to Land), and 15305 (Class 5 - Minor Alteration in Land Use Limitations) of Title 14 of the California Code of Regulations.
Due to the fact that the Amendment and Project involves minor alterations in land use limitations in areas with an average slope of less than 20% that do not result in any changes in land use or density, minor temporary use of land having negligible or no permanent effects on the environment, and location of limited numbers of new structures and facilities and not exceeding 10,000 square feet in floor area in urbanized areas, these exemptions are applicable.
Section 3. The Amendments are consistent with the objectives, principles, and standards of the General Plan. General Plan Policy LU (Land Use) 11.6 – Parking, requires the City to explore opportunities to expand the parking supply in underserved commercial districts and residential neighborhoods which may be developed publicly, privately, or by joint publicprivate partnerships. Additionally, General Plan Policies LU 11.7 – Connectivity to Parking, and LU 15.1 - Economic Vitality and Business Revenue, requires that commercial and office districts be linked to parking areas and garages by well-designed and attractive pedestrian corridors, while sustaining a vigorous economy by supporting businesses that contribute revenue, quality services and high-paying jobs. In line with these policies from the General Plan, the Amendments seek to provide for opportunities to increase the parking supply of the City’s commercial corridors by providing regulations that facilitate the establishment of surface parking uses on underutilized properties within the City’s transportation zones. Additionally, the Amendments provide for the use of these sites within the transportation zone for construction staging associated with off-site development projects, facilitating redevelopment of key project sites that help maintain a vigorous -3-
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economy in the city while supporting activity that provides quality services and high-paying jobs both through project construction and operation of the project once complete.
Section 4. The City Council hereby amends Article 23, of Chapter 3 of Title 10 of the Beverly Hills Municipal Code to read as follows:
"ARTICLE 23. TRANSPORTATION ZONES (T-1, T-2)
10-3-2301: ZONES T-1 AND T-2 CREATED:
There is hereby created and established in the city transportation zones, designated zone T-1 and zone T-2.
10-3-2302: USES PERMITTED:
No building, structure, improvement, or premises shall be used, and no building, structure, or improvement shall be erected, constructed, altered, enlarged, or maintained on any lot or parcel of land in zone T-1 or zone T-2 except for the following purposes:
Railway transportation; and stations, depots, or other structures necessary or convenient for railway passengers, freight, or other strictly railroad or railway business in conjunction with railroad service conducted in such zones.
10-3-2303: CONDITIONALLY PERMITTED USES:
The following uses shall be permitted in the T-1 and T-2 Zones only if authorized by a Conditional Use Permit issued pursuant to the provisions of Article 38 of this chapter:
Surface parking lots, subject to the standards established in Section 10-3-2730.2 of this chapter.
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Staging for construction or film production for activities occurring on-site or off the premises. Staging may also include the storage of construction materials, and the placement of temporary construction offices and related structures. Construction staging may also include partial assembly of temporary model building components.” Section 5. 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 6. 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.
Section 7. 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. ///
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