Beverly Hills City Council
July 18, 2023

AGENDA REPORT
Meeting Date: July 18, 2023
Item Number:

To: Honorable Mayor & City Council
From: Masa Alkire, AICP, City Planner
Subject: AT THE REQUEST OF MAYOR GOLD, AN UPDATE ON THE

MIXED USE OVERLAY ZONE AND DISCUSSION ON

WHETHER THERE IS ANY DESIRE FOR MODIFICATIONS TO

THE ZONE
Attachments: 1. Mixed Use Development Standards (Article 18.7)

2. Mixed Use Overlay Zone Map

3. Public Correspondence

RECOMMENDATION
Staff recommends the City Council discuss the current status and implementation of the Mixed Use Overlay Zone and provide direction to staff on potential options for future modifications to the Overlay Zone.

INTRODUCTION
On November 17, 2020, the City Council adopted Ordinance No. 20-O-2825 to create the Mixed Use Overlay Zone (MU Overlay Zone) to establish development standards to guide future commercial/residential mixed use development proposals along specific commercial corridors within the C-3 Commercial Zone. The mixed use regulations became effective on December 18, 2020 and have been in place for approximately twoand-a-half years. The City Council previously reviewed the implementation of the Ordinance at their meetings on May 13, 2021 and January 4, 2022. The Planning Division is returning to the City Council to provide: 1) an additional update on implementation of the Ordinance; 2) information on pending projects under review, and; 3) potential options for future modifications to the MU Overlay Zone.

DISCUSSION
The following paragraphs are intended to provide information on current projects proposed in the MU Overlay Zone, a summary of applicable development standards, and options that are available to the City Council should there be interest in modifying the MU Overlay Zone to encourage additional mixed use development. For the Council’s reference, a brief history of the MU Overlay Zone, including its overall intent and objectives, is provided at the end of the Discussion section.

Meeting Date: July 18, 2023

Pending and Approved Mixed Use Development Projects
As of the writing of this report, the Planning Commission has approved one mixed-use project (the “Stinking Rose” site at 55 North La Cienega Boulevard) with three other project applications that will be reviewed by the Commission at future meetings, as outlined in Table 2 below. All four projects were designed utilizing the state density bonus law and requested deviations from applicable development standards in exchange for providing deed-restricted affordable units to lower income households. The deed-restricted affordable units provided as a result of the use of state density bonus law also satisfy the City’s local inclusionary housing requirement, which is one affordable unit for projects with 5-9 units, and 10% affordable units for projects with 10+ units, though there are also in-lieu options available instead of actually providing the affordable unit on the project site in some cases. Each State density bonus project is also entitled to a certain number of incentives/concessions or waivers from applicable development standards. The mixed use projects that have been submitted to the City have typically requested additional height and stories in order to accommodate the total number of units. The additional height/story requests are listed in Table 1 below:

Table 1: Current Mixed-Use Development Projects
Address Status Total Units Affordable Units Additional
Height/Stories
8800 Burton Way Under review 25 3
(very low income)
+ 13’-0”
+ One story
55 N. La Cienega
Boulevard
Approved by Planning
Commission 105 11 (very low income)
+ 21’-6”
+ Three stories
8811 Wilshire
Boulevard Under review 42 5 (very low income)
+ 37’-2”
+ Three stories
9229 Wilshire
Boulevard Under review 56 6 (very low income)
+ 29’-11”
+ Four stories
Since the adoption of the MU Overlay Zone, and as evidenced in Table 1, there has been consistent interest in the development of mixed use projects and the City continues to see an increase in the number of projects submitted for review. Such projects are an indication that the current program is effective for encouraging mixed use development but the Council may wish to consider options to make it more effective to ensure continued interest and to further encourage development in these areas while balancing the needs of the commercial and adjacent residential areas.

Development Standards
In order to implement the objectives of the MU Overlay Zone, the City Council adopted a number of development standards to ensure that future development maintains compatibility with the city’s existing built form and to maintain appropriate transitions from the overlay zone to adjacent residential neighborhoods (Attachment 1). The development standards provide opportunity for both the redevelopment of vacant and underutilized parcels, as well as developed sites through a conversion process. These development standards were written to encourage and ease development of mixed-use projects as much as possible.

Table 2 below provides a general outline of the existing development standards that are applicable to a project in the MU Overlay Zone.

Meeting Date: July 18, 2023

Table 2: MU Overlay Zone Development Standards
Density One unit per 550 square feet (SF) of site area / 79.2 dwelling units per acre Height
Varies depending on location in MU Overlay Zone:
 Three stories (45’)
 Four stories (45’)
 Five stories (55’)
Minimum Floor Area of
Dwelling Units
Efficiency and one-bedroom units: 500 SF
Two or more bedroom units: 800 SF
(Average floor area of all residential units shall not exceed 1,750 SF) Parking
Commercial uses: as required for the use
Residential units (required per unit):
 Efficiency: 1 parking space
 One-bedroom: 2 parking spaces
 Two bedroom: 2.5 parking spaces
 Three/four-bedroom: 3 parking spaces
 5+ bedroom: 4 parking spaces
Residential guest parking: One parking space for each four dwelling units.

Setbacks As established for the underlying zone (only applicable for commercial projects located adjacent to residential properties)
Modulation As established for the underlying zone (only applicable for that portion of a mixed use project that is located in the R-4 Zone).

Outdoor Living Space 200 SF per unit
Conversion of Existing
Commercial Buildings
May request relief from following standards:
 Parking requirements
 Loading facilities
 Outdoor living space
 Commercial-residential transition setbacks*
 Height limits*
* Only if existing buildings are legally nonconforming
It should be noted that Assembly Bill (AB) 2097 prohibits local agencies from imposing or enforcing minimum parking requirements on certain residential projects located within a half-mile radius of a major transit stop, as defined in California Government Code Section 21064.3. For Beverly Hills, major transit stops include the three planned Metro subway stations in the vicinity (two in Beverly Hills and one in Century City) and the bus stops located at the intersection of Wilshire Boulevard and Santa Monica Boulevard, as the bus routes have qualifying “major transit stop” frequency of service.

AB 2097 has started to result in reduced parking being provided in new commercial or residential projects in the city. However, the law does not prohibit developers from providing parking, which may often be provided, even if none is required, due to marketability concerns (e.g., the project may be less marketable without a certain amount of parking provided), but possibly at a lower amount than what would otherwise be required. This law would likely apply to a majority of projects located in the MU Overlay Zone due to the zone’s proximity to transit resources and may mean that parking may not be provided at the level that was previously required by the MU Overlay Zone development standards. However, to date, all mixed use project applications that have been submitted to the City provide some amount of parking for both the commercial and residential uses.

Meeting Date: July 18, 2023

Options for Future Modifications to the MU Overlay Zone There are various options that the City Council could consider if there is a desire to increase interest in developing mixed use projects in the MU Overlay Zone. These options are summarized below, and the Council may wish to provide direction to staff on further exploration of all or some options. Depending on Council direction, staff can return to a future meeting with a more detailed analysis on preferred options.

Expand Area
Currently, the MU Overlay Zone is located in the C-3 Commercial Zone and primarily along the major commercial boulevards. The current concentration of the MU Overlay Zone along major commercial boulevards was intended to allow mixed use projects to be located near the two future subway station in the city at Wilshire/La Cienega (La Cienega Station) and Wilshire/Reeves (Rodeo Station); as well as the frequent Metro line bus service that exists on these corridors. Notably, the MU Overlay Zone does not extend into the Business Triangle, that portion of South Beverly Drive located south of Charleville Boulevard, the C-5 Commercial Zone, and a handful of C-3 properties located on local streets south of Wilshire Boulevard (i.e., Lasky Drive, South Rodeo Drive, and El Camino Drive). The Council may want to consider expanding the MU Overlay Zones into other commercial areas in the C-3 and C-5 Commercial Zones if there is a desire to provide more locations as options to locate additional housing in the city.

Two primary reasons that the MU Overlay Zone was not added into the Business Triangle was to 1) retain the City’s commercial core for businesses, and 2) such area is generally a place where businesses can operate into the evening without otherwise disturbing residents in the City’s single-family and multi-family residential neighborhoods.

However, there is also a history of providing housing in the Business Triangle, such as on the Maybourne Residences located between North Beverly Drive and North Canon Drive, and Beverly Hills Senior Housing (operated by the Menorah Housing Foundation) on North Crescent Drive. The City’s Planning Division has also had meetings with various developers who have identified the Business Triangle as a desirable place for mixed use development, and the Council may wish to consider if certain streets are more suited for mixed use development than others in this area.

Increase Density
The maximum allowable density in the MU Overlay Zone is one unit per 550 SF of site area, or approximately 79.2 dwelling units per acre (du/ac). This density is considerably higher than adjacent densities in multi-family residential areas, which typically range from 40 du/ac to 50 du/ac as outlined in the City’s Land Use Element of the General Plan. However, as evidenced by recent project submittals, developers are seeking to construct projects with a density increase by as much as 50% (the maximum allowable under state density bonus law) and City staff has heard from developers that additional density is required in order for many mixed use projects to be financially feasible.

Additionally, staff intends to bring forward a Zone Text Amendment to the Planning Commission to clarify the applicable residential density calculation for the conversion of existing commercial buildings into a mixed use commercial and residential project (generally referred to as “adaptive reuse”). Currently, all projects in the MU Overlay Zone are subject to a maximum residential density that is calculated based on the area of a site. However, a residential density calculation that is based on an existing building’s floor area is a more relevant calculation for adaptive reuse projects, as the number of units that can fit within an existing structure is directly related to the building’s floor area and the site area of an existing building has little relevance to the number of units that can fit within the existing building. A Zone Text Amendment clarifying that the residential Meeting Date: July 18, 2023

density calculation is based on existing building area for adaptive reuse projects would allow a greater number of residential units to be constructed in the MU Overlay Zone without increasing the City’s built environment and would be consistent with the original intent of the density calculations for such project types.

Increase Height
The height limits in the MU Overlay Zone range from three stories (45’) to five stories (55’), based on the following proximity to residentially-zoned neighborhoods:
 Projects adjacent to single-family zones or three-story (33’) multi-family zones are limited to a maximum height of three stories (45’). This limit is also consistent with the maximum allowable height for the underlying C-3 Commercial Zone.  Projects adjacent to a four-story (45’) multi-family zone are limited to the same.  Projects adjacent to a five-story (55’) multi-family zone are limited to the same.

However, through the use of the state density bonus law, developers are entitled to certain incentives/concessions and/or waivers from development standards in exchange for the provision of deed-restricted affordable housing units. As previously discussed, every mixed use project under review by the City has utilized the state density bonus law and has requested additional height and stories as part of their project.

Overlay Zone-specific Incentives
The aforementioned options may also be considered in the context of creating an overlay-specific incentive program in order to encourage additional development in the MU Overlay Zone. This type of program, often referred to as a menu of incentives, could allow the City the opportunity to identify specific incentives offered in exchange for the provision of a certain percentage of affordable units. Such incentives could be based on development standards (e.g., height, density, open space, etc.) or regulatory requirements (e.g., streamlined discretionary review, option for ministerial review, reduced and/or waived fees, etc.). The creation of an incentive program for the MU Overlay Zone may be an option to provide certainty to both the community and developers as to the types of projects that would be constructed in the city.

One specific type of incentive that the Council may wish to consider is a regulatory incentive for the conversion of existing buildings into mixed use projects. Currently, the BHMC identifies specific development standards from which a project may seek relief if it is not physically feasible to comply with the standards (e.g., parking requirements, loading facilities, outdoor living space, and commercial-residential transitional setbacks and height limits, if such buildings have legally nonconforming setbacks and height). In order to encourage the conversion of existing buildings, which could limit the type of construction concerns that may otherwise be experienced with the construction of a new building, the Council could consider creating a ministerial process for building conversions under the MU Overlay Zone. Such an incentive would result in time and cost savings for developers, would encourage a type of development that may have fewer impacts on adjacent neighborhoods than a newly constructed building, and could maintain the existing scale and massing of buildings located adjacent to residential neighborhoods.

History of the MU Overlay Zone
The MU Overlay Zone (Article 18.7 of Title 10, Chapter 3 of the Beverly Hills Municipal Code (BHMC)) was established to provide areas of the city where mixed use development (i.e., residential units located above commercial uses) is allowed. The intent of these regulations is to encourage vibrant, walkable neighborhoods while increasing the availability of housing in the city, preserving the vitality of existing Meeting Date: July 18, 2023

commercial corridors, and minimizing displacement of existing residents in the city’s established multi-family residential neighborhoods. This is because the redevelopment of multi-family property can result in situations where existing tenants are required to vacate their existing home and find other housing. The construction of new residential units as a part of mixed use development in areas that were previously occupied only by commercial uses results in net new residential units in the city and this sort of development does not displace existing residents. Furthermore, the creation of net new housing units is paramount for the City to meet its Regional Housing Needs Assessment (RHNA) for the 6th cycle of the Housing Element, which covers the period from 2021- 2029, and requires that the City plan for an adequate number of new residential units at various levels of affordability.

Properties included in the MU Overlay Zone are located in a majority of commercial areas zoned C-3 outside of the Business Triangle (Attachment 2). The MU Overlay intentionally excluded the Business Triangle to preserve that area primarily for commercial uses. Additional consideration was also given to placing the overlay zone on corridors that are in close proximity to future Metro D Line (Purple) subway stations at Wilshire and La Cienega Boulevards (“La Cienega Station”) and Wilshire Boulevard and Reeves Drive (“Rodeo Station”). The MU Overlay Zone extends along major commercial corridors that traverse the entire city boundaries from east to west and north to south, and are also located in high resource areas, with access to amenities and services such as grocery stores, schools, and parks, as well as other transit options. This was another important consideration because of the requirements to Affirmatively Further Fair Housing within the 2021-2029 Housing Element for the 6th housing cycle, which requires planned housing units to be located in close proximity to a variety of amenities and resources, while being geographically distributed throughout the city.

Height limits ranging from three stories (45’) to five stories (55’) apply to various properties included in the MU Overlay Zone. For properties in the MU Overlay Zone that are located adjacent to a multi-family residential neighborhood, the maximum height correlates directly to the maximum height limit for the adjacent multi-family neighborhood. For properties in the MU Overlay Zone that are located adjacent to a single-family residential neighborhood, the City’s existing three story (45’) height limit for commercial buildings remains applicable.

Zone Objectives
As memorialized in BHMC 10-3-1872, the MU Overlay Zone contains a number of objectives that are intended to help guide development and to ensure that each mixed use development project is designed and reviewed in a manner that will help advance the goal of the zone. Those objectives are as follows:

A. Expanding the options and opportunities for certain commercial property owners and developers by allowing for combinations of commercial uses, and multifamily residential uses subject to specific standards, rules and procedures; B. Creating the potential for more intensive development in certain neighborhoods, while maintaining realistic buffers between commercial and residential zones to ensure there is harmonious development in the area;
C. Expanding housing options for diverse socioeconomic populations in the City including seniors, young people, populations that wish to be transit-adjacent and populations that will benefit from development near an urban core; Meeting Date: July 18, 2023

D. Retaining the commercial tax base and streetscape character that exists in the City by encouraging neighborhood-serving and pedestrian-friendly commercial uses;
E. Concentrating new housing and amenities near existing and anticipated transportation nodes and stations to encourage the use of alternative modes of transportation to automobile travel; and
Allowing projects that are appropriately designed to achieve the desired neighborhood character, while providing development standards to minimize impacts of commercial uses to adjacent residential zones, and to encourage symbiotic uses.

Public Outreach
As part of the City’s Housing Element Update process, City staff has undertaken various efforts to inform property owners in the MU Overlay Zone of the development potential available to them, either as part of a new development or conversion of an existing building. Such efforts include a direct mailing to all such property owners, as well as an invitation to meet with the City’s Planning Division to better understand the applicable regulations and development standards and how they may apply to their property. An email to the City’s mixed use interested parties list was also sent prior to this meeting to inform them that the MU Overlay Zone would be discussed by the City Council.

In response to the email to interested parties, the Beverly Hills Initiative for Reasonable Development (BHIRD) submitted a memorandum for the Council’s consideration. The memorandum, including its appendices, is included as Attachment 3.

FISCAL IMPACT
Since this item is a discussion of existing regulations and potential changes, and there are no proposed actions at this time, no fiscal impact is anticipated. In the event that the City Council decides to move forward with any proposed changes to the MU Overlay Zone, there could be a need for consulting services, which would be funded through existing budgetary allocations or through additional budget requests.

Jeffrey Lambert, FAICP
Interim Director of Community
Development
Approved By
Attachment 1
Mixed Use Development Standards
(Article 18.7)

ARTICLE 18.7. MIXED USE (MU) OVERLAY ZONE
10-3-1871: MIXED USE (MU) OVERLAY ZONE CREATED:

There is hereby created and established in the City an overlay zone, designated as the Mixed Use (MU) Overlay Zone. (Ord. 20-O2825, eff. 12-18-2020) 10-3-1872: PURPOSE AND OBJECTIVES OF THE MIXED USE OVERLAY ZONE:

The purpose of the MU Overlay Zone is to provide areas of the City where mixed use development is allowed in order to encourage vibrant, walkable neighborhoods and increase the availability of housing in the City, while preserving the vitality of existing commercial corridors and minimizing displacement of existing residents. The objectives of the MU Overlay Zone shall be as follows:

A. Expanding the options and opportunities for certain commercial property owners and developers by allowing for combinations of commercial uses, and multi-family residential uses subject to specific standards, rules and procedures; B. Creating the potential for more intensive development in certain neighborhoods, while maintaining realistic buffers between commercial and residential zones to ensure there is harmonious development in the area; C. Expanding housing options for diverse socioeconomic populations in the City including seniors, young people, populations that wish to be transit-adjacent and populations that will benefit from development near an urban core; D. Retaining the commercial tax base and streetscape character that exists in the City by encouraging neighborhood-serving and pedestrian-friendly commercial uses;
E. Concentrating new housing and amenities near existing and anticipated transportation nodes and stations to encourage the use of alternative modes of transportation to automobile travel; and F. Allowing projects that are appropriately designed to achieve the desired neighborhood character, while providing development standards to minimize impacts of commercial uses to adjacent residential zones, and to encourage symbiotic uses. (Ord. 20-O-2825, eff. 12-18-2020)
10-3-1873: APPLICATION OF THE MIXED USE OVERLAY ZONE:

The Mixed Use Overlay Zone shall be applied only to commercially zoned properties located in the following areas:

A. Properties fronting on Wilshire Boulevard between San Vicente Boulevard to the east and Rexford Drive to the west; B. Properties located on the southern side of Wilshire Boulevard between Rexford Drive to the east and South Santa Monica Boulevard to the west;
C. Properties fronting on La Cienega Boulevard between the northern and southern borders of the City; D. Properties fronting Robertson Boulevard between the northern and southern borders of the City; E. Properties fronting on Olympic Boulevard located between the eastern boundary of the City and Rexford Drive to the west; F. Properties fronting on South Doheny Drive between Wilshire Boulevard to the north and Charleville Boulevard to the south; G. Properties fronting on San Vicente Boulevard between Wilshire Boulevard and La Cienega Boulevard; H. Properties fronting on Santa Monica Boulevard (south roadway) between Wilshire Boulevard to the east and South Moreno Drive to the west; and
I. Properties fronting on South Beverly Drive between Wilshire Boulevard to the north and Charleville Boulevard to the south. (Ord. 20-O-2825, eff. 12-18-2020)
10-3-1874: DEFINITIONS:

Unless the context otherwise requires, the following definitions shall govern the construction of this article:

ADJACENT TO A
RESIDENTIAL ZONE:

A site that shares a property line with a residentially zoned property or is separated from a residentially zoned property by a public alley.

GROUND FLOOR:

The story or floor level within a building that provides direct access to and fronts on a public street, and the elevation of the floor level along the street frontage is an average of three feet (3') above or below the adjacent curb.

MIXED USE DEVELOPMENT:

A project that includes commercial and multi-family residential uses within the same structure. (Ord. 20-O-2825, eff. 12-18-2020) 10-3-1875: PROCEDURES FOR APPROVAL:

No mixed use development shall be constructed without approval of a development plan review by the Planning Commission in accordance with article 31 of this chapter.

A. A public hearing shall be held by the Planning Commission on all development plan review permits for mixed use developments.

Noticing shall be completed in accordance with article 2.5 of this chapter and the City's public notice guidelines.

B. Any decision made by the planning commission pursuant to this article may be appealed to the city council in the manner provided in title 1, chapter 4, article 1 of this code. (Ord. 20-O-2825, eff. 12-18-2020) 10-3-1876: USES PERMITTED:

Except as otherwise provided or restricted by this article, no lot, premises, building or portion thereof in the MU Overlay Zone shall be used for any purpose except the following:

A. Uses permitted in the applicable underlying zone that meet the development standards of the underlying zone.

B. Uses conditionally permitted in the applicable underlying zone that meet the development standards of the underlying zone for which an applicant has received a conditional use permit.

C. Multi-family residential housing units as part of a mixed use project and the usual and customary accessory and appurtenant uses thereto. (Ord. 20-O-2825, eff. 12-18-2020)
10-3-1877: RESTRICTED USES:

The following restrictions shall apply to mixed use development in the MU Overlay Zone:

A. No medical uses may be included in a mixed use development.

B. No entertainment uses including, but not limited to, cabarets, nightclubs, and adult entertainment businesses, may be included in a mixed use development.

C. Residential uses included as part of a mixed use development shall be permitted in all portions of the development regardless of the underlying zone, except that residential uses shall not be permitted within the first forty feet (40') of depth from any street-facing property line of the first floor, except as otherwise allowed through the development plan review request.

D. Commercial uses included as part of a mixed use development shall only be permitted in those portions of the development in which the underlying zone is a commercial zone unless otherwise approved through a zone text amendment request. Further, no commercial uses shall be allowed above the third story of a mixed use development.

E. The planning commission shall have authority through conditions imposed on a development plan review permit to prohibit uses not specified herein, on a use by use basis, if it finds that the proposed uses will have a significant adverse impact on adjacent uses, or will not promote harmonious development of the area. (Ord. 20-O-2825, eff. 12-18-2020) 10-3-1878: APPLICABILITY OF UNDERLYING ZONE REGULATIONS:

Except as otherwise specifically provided in this article for mixed use developments, development in a MU Overlay Zone shall comply with the zoning regulations applicable to the underlying zone.

Nothing in this article shall require a development to comply with the provisions of the MU Overlay Zone if the development fully conforms to the requirements of the underlying zone. (Ord. 20-O-2825, eff. 12-18-2020) 10-3-1879: GROUND FLOOR RESTRICTIONS:

Any building in the MU Overlay Zone shall include commercial uses on the ground floor of the building, subject to the use limitations noted in this article. (Ord. 20-O-2825, eff. 12-18-2020) 10-3-1880: HEIGHT LIMIT:

A building in the MU Overlay Zone shall not be constructed, altered, or enlarged so that it is taller than the heights set forth as follows and as displayed in the Mixed Use Overlay Zone Height District Map maintained by the Department of Community Development:

A. Height District A: A maximum height of forty five feet (45') and three (3) stories is permitted for properties adjacent to any singlefamily residential zones and/or multi-family residentially zoned properties located in multi-family height district A, as noted in section 10- 3-2804 of this chapter.

B. Height District B: A maximum height of forty five feet (45') and four (4) stories is permitted for properties adjacent to multi-family residentially zoned properties located in multi-family height district B, as noted in section 10-3-2804 of this chapter.

C. Height District C: A maximum height of fifty five feet (55') and five (5) stories is permitted for properties adjacent to multi-family residentially zoned properties located in multi-family height district C, as noted in section 10-3-2804 of this chapter, or other properties in existing mixed use overlay zones.

When a mixed use development is located adjacent to more than one residential zone, the residential zone allowing the shortest height shall dictate the maximum height allowed for the mixed use development. The height of a mixed use development shall be measured pursuant to the definition of "Height of Building" for Multiple-Family Residential Zones in section 10-3-100 of this chapter.

For the purposes of applying the provisions of Government Code Section 65915, the height limitations and story limitations set forth in this article shall be considered separate requirements. (Ord. 20-O-2825, eff. 12-18-2020; Ord. 22-O- 2860, eff. 6-10-2022) 10-3-1881: RESIDENTIAL DENSITY:

Maximum Density Of Residential Units: The number of residential units that may be included in a mixed use development in the MU Overlay Zone shall not exceed one unit per five hundred fifty (550) square feet of site area. (Ord. 20-O-2825, eff. 12-18-2020) 10-3-1882: MINIMUM AND AVERAGE FLOOR AREA OF DWELLING UNITS:

The following floor area requirements shall apply to multi-family residential dwelling units within a mixed use development:

A. Efficiency And One Bedroom Units: Efficiency and one bedroom units shall have a minimum floor area of five hundred (500) square feet each.

B. Two (2) Or More Bedroom Units: A dwelling unit with two (2) or more bedrooms shall have a minimum floor area of eight hundred (800) square feet.

C. The average of the floor areas of all residential units in a mixed use development shall not exceed one thousand seven hundred fifty (1,750) square feet.

D. Outdoor Living Space: One-half (1/2) of the square footage of outdoor living space required by section 10-3-1886 of this chapter may be counted as part of the floor area of a dwelling unit if such outdoor living space does not project into any required yard, is contiguous to the dwelling unit, and is designated for the exclusive use of the dwelling unit. However, the outdoor living space shall not be counted as more than ten percent (10%) of the required minimum floor area of the dwelling unit. (Ord. 20-O-2825, eff. 12-18-2020) 10-3-1883: PARKING REQUIREMENTS:

A. Except as otherwise provided in this section, parking requirements for the commercial portion of a building located in the MU Overlay Zone are located in 10-3-2727 through 10-3-2736 inclusive of this chapter.

B. A mixed use development shall provide parking for the commercial and residential components that can be physically separated.

Notwithstanding the foregoing, the planning commission may permit, as part of a development plan review permit, access between parking facilities for the commercial and residential components, such as instances in which the site is physically constrained so that separate facilities are not practical nor feasible.

C. Parking for the residential portion of the building shall be provided per the requirements of section 10-3-2816.

D. Guest parking for residential units in the MU Overlay Zone shall be provided per the requirements of section 10-3-2817.

E. If parking is provided above ground, all parking, except for driveways and access to loading areas, shall be located behind building space that is dedicated to a permitted use other than parking, and that building space shall be a minimum of forty feet (40') deep as measured from the building facades facing public streets, to prevent direct visibility from adjacent streets unless otherwise approved by the planning commission through a development plan review permit, such as instances in which the site is physically constrained by the depth requirements and unable to provide sufficient parking areas.

F. The parking component of a mixed use development in the MU Overlay Zone shall be as approved as part of a development plan review.

G. Parking spaces for the residential component of the building shall be assigned to specific residential units, and shall not be used by patrons of the commercial uses in the building. (Ord. 20-O-2825, eff. 12-18-2020) 10-3-1884: SETBACKS AND MODULATION:

Mixed use developments in the MU Overlay Zone shall have the same setbacks as established in the underlying zone, except no setback shall be required at the property line between two (2) zones if the project is proposed across those property lines.

If a building is constructed across two (2) different zones, and modulation is required for buildings in one of the zones, the modulation shall be provided on the portion of the building located in the zone in which the modulation is required. The width of the building for the purpose of calculating modulation shall be the width that is located within the zone that requires modulation. (Ord. 20-O-2825, eff. 12- 18-2020)
10-3-1885: LOADING FACILITIES:

Except as otherwise provided in this section, loading facilities for mixed use developments in the MU Overlay Zone shall be provided in accordance with sections 10-3-2740 through 10-3-2744, inclusive, of this chapter, or as otherwise approved by the planning commission as part of a development plan review permit such as instances in which the site is physically constrained and unable to provide such loading facilities. (Ord. 20-O-2825, eff. 12-18-2020) 10-3-1886: OUTDOOR LIVING SPACE REQUIRED:

The residential components of all mixed use developments in the MU Overlay Zone shall provide outdoor living space in accordance with the requirements of section 10-3-2803 of this chapter. (Ord. 20-O-2825, eff. 12-18-2020) 10-3-1887: APPLICATION OF TRANSITIONAL OPERATIONAL STANDARDS:

Unless otherwise provided in this article, all commercial uses in a mixed use development shall comply with the general operational requirements set forth in section 10-3-1956 of this chapter. (Ord. 20-O-2825, eff. 12-18-2020) 10-3-1888: CONVERSION OF EXISTING COMMERCIAL BUILDINGS:

Existing commercial buildings may obtain a development plan review permit to convert to a mixed use building if located in the MU Overlay Zone. Such a project may request relief from the following mixed use standards, if it is not physically feasible to comply with these standards. To determine feasibility, the commission shall evaluate whether the site is physically constrained, with regard to depth and width, whether the existing commercial building does not conform to mixed use standards, and/or whether the existing commercial building would be rendered structurally defective by providing such features.

A. Parking requirements;
B. Loading facilities;
C. Outdoor living space;
D. Commercial-residential transitional setbacks, if such buildings have legally nonconforming setbacks; E. Height limits, if buildings have legally nonconforming heights. (Ord. 20-O-2825, eff. 12-18-2020) Attachment 2
Mixed Use Overlay Zone Map

Mixed Use Overlay Zone
Attachment 3
Public Correspondence
Memorandum
To: The City Council and Planning Commission of Beverly Hills From: Beverly Hills Initiative for Reasonable Development (BHIRD) Subject: Updating the Mixed Use Overlay Zone (MUOZ)
Date: July 11, 2023
Summary:

This memorandum aims to propose key adjustments to the Mixed Use Overlay Zone (“MUOZ”) in the City of Beverly Hills (Ordinance No. 20-O-2825, enacted November 17, 2020), reflecting the distinctive characteristics of each neighborhood within commercial centers in the City. 1 Objectives of the MUOZ include:
● Incentivizing the development of more residential units in the City. ● Creating more walkable neighborhoods in the City.
● Preserving the uniquely residential character of our neighborhoods by focusing new development within our commercial centers.
● Incentivizing high standards of architecture in mixed-use developments. ● Including affordable housing within new residential developments. ● Concentrating new housing near transportation nodes.

Another key objective is to help bring the City into compliance with California law that requires it to accommodate a minimum number of new housing units each year, based on the Regional Housing Needs Allocation (“RHNA”) process.2
2 The City’s Planning Department, in its October 13, 2020 report to the City Council, states that “[a]llowing housing in mixed use zones could be a key zoning provision to help the City achieve a certified housing element because it has the potential to provide additional housing units where they are not currently permitted.” (Beverly Hills Agenda Report, Item F-1, Page 11, October 13, 2020).
1 This memorandum is written by the Beverly Hills Initiative for Reasonable Development (BHIRD). Although we are residents, professionals and investors in Beverly Hills, BHIRD members deliberately re-walked the MUOZ several times during the second quarter of 2023 to appreciate the subtle characteristics of each sub-community within it.

BHIRD offers this memorandum to contribute the voices of local stakeholders to this important community discussion.

Disclaimer: While members of BHIRD have ownership interests in properties located within the MUOZ, this memorandum does not specifically identify any of these properties for upzoning. They are included among the rest of the properties and treated equally.

However, to date, the MUOZ, among other city measures, has not gone far enough to satisfy its RHNA requirements. In a letter to the City dated May 12, 2023, the California Department of Housing and Community Development (“HCD”) found that the City’s adopted housing element within the General Plan did not substantially comply with State Housing Element Law because the housing element, among other things, lacked adequate sites––especially within the MUOZ––to accommodate its share of the regional housing needs allocation. The letter stated that “[g]iven the emphasis placed on the [MUOZ] as an integral component of the City’s strategy to accommodate its RHNA… the City should implement significant program actions and policies that incentivize the use of the [MUOZ] and adopt secondary measures, including rezoning of additional sites.”
3 A legal consequence of this noncompliance is that the City’s ability to control residential developments is restricted.

The purpose of this memorandum is to propose new height and density limits, outlined in the attached appendices, which will increase the City's site inventory within the MUOZ. In doing so, the suggestions will prevent the abuse of the City's legal situation (i.e., its non-compliance with state law) by developers using the “Builder’s Remedy” instead of submitting development applications to the City’s Planning Department for approval.4 For example, during our discussions with property owners, some felt that their commercial property was not treated fairly in the current MUOZ and that they were considering utilizing the “Builder’s Remedy” to achieve what they believe is a fair result. Accordingly, this memorandum recommends that the Planning Commission and the City Council take certain measures to update the MUOZ to promote reasonable development and bring the City into compliance with state law while at the same time remaining sensitive to the existing characteristics of its residential and commercial neighborhoods.

Creating a successful mixed-use zone requires careful planning and execution. In its October 13, 2020 report to the City Council, the Planning Department estimated that only “9% of the City’s land is commercially zoned” and that the MUOZ applies to “100 acres of the approximately 270 acres of commercially zoned land in the City.”
5 To maximize broad acceptance and minimize
criticism against mixed-use development within commercial corridors, we recommend that the City Council, in conjunction with the Planning Department, prepare a detailed commentary to any updates to the MUOZ in order to explain to residents why certain areas should be 5 Beverly Hills Agenda Report, Item F-1, Page 13, October 13, 2020. 4 For a recent example of a news report on the topic, see Anna Scott, "Beverly Hills could be forced to allow hundreds of new apartments," KCRW online, July 06, 2023, available online kcrw.com/news/shows/greater-la/beverly-hills-malibu-scholarships/builders-remedy. 3 RE: City of Beverly Hills’ 6th Cycle (2021-2029) Adopted Housing Element, Page 2, May 12, 2023. designated for higher or lower development as opposed to others. We hope this memorandum helps with such efforts.

We recommend taking a more realistic and more nuanced approach to updating the MUOZ ordinance than was done in 2020. Economically, there is an important reason why there has not been a single MUOZ entitlement issued to date (with the notable potential exception of 55 N. La Cienega Blvd, which is a unique project with a long application history). The existing MUOZ does not provide sufficient economic incentive to motivate property owners to develop residential projects as opposed to commercial ones.6 To incentivize property owners to build residential housing within the MUOZ, the new ordinance must allow for materially more units to be built on each site and more height will at times be required to fit the units within a development.

Structurally, the first version of the ordinance was overly simplistic; it was painted with too broad a brush stroke. For example, it pegs virtually all height limits within the MUOZ to the height limits within the immediately abutting zone and sets all density levels (no matter which height zone) to 1 dwelling unit per 550 square feet of site area. In contrast, we recommend that the updated MUOZ not only respect the many adjoining residential neighborhoods but also recognize some of the uniquely commercial aspects within the zone.7It also aligns density levels by setting them proportionately to height districts.8 By tying lower height zones to lower density standards (and vice versa) the updated MUOZ will incentivize a healthy mix of smaller and larger residential unit sizes.

The results of our research as well as details about our methodology can be found in Appendices A-C of this memorandum.
8 The increase in density is necessary whenever height is increased from existing zoning rules. Currently, the maximum density permitted within the MUOZ (1 unit per 550 square feet of site area) assumes lower height standards (35 to 55 feet) and therefore, lower floor-area-ratios. Thus, density proposals are proportionate to height proposals. For example, a sub-zone with a 45-foot height limitation would have a density of one unit for every 550 square feet of site area, whereas a sub-zone with a 55-foot height limitation would have a density of one unit for every 450 square feet of site area.
7 See, e.g., S.R. Willen, "Rezone Wilshire for development, leave neighborhoods alone," Beverly Press, July 5, 2023, available online at https://beverlypress.com/2023/07/rezone-wilshire-for-development-leave-neighborhoods-alone (Willen argues that to best preserve the quiet character of most residential neighborhoods, the City should more aggressively “Build on Wilshire” and more conservatively in other areas in the City). 6 See, e.g., the Saks Fifth Avenue project on 9600 Wilshire Blvd., the Kate Mantilini project on 9101 Wilshire Blvd. and the 9000 Wilshire Blvd. office project.

Generally, we apply the following principles to guide our recommendations within the memorandum:
● Residential neighborhoods should be protected from overdevelopment, while also taking into account high intensity commercial corridors. ● Developments within the MUOZ should use high-quality architecture, generous modulation, and lush landscaping plans to transition to neighboring residential communities.
● Commercially intense areas bordering major public roadways and gateway and/or anchor locations should be targeted for the most intense levels of height and density. 9 ● For all but gateway and/or anchor locations, levels of height and density should consider the width of the public roadways (alley or highway) that the sites back up to and the type of use (single family, multifamily, office or retail) across the public roadway. 10 ● The average size of the residential units should not exceed 2,000 sq. ft. ● The preservation of locally designated historic buildings and the historic fabric of the City.
● Finally, we recognize the inherent discretion of the Planning Commission to approve developments with greater levels of height and density based on the abovementioned as well as other factors.

This memorandum offers a clear methodology for distributing height and density within the MUOZ that considers multiple factors:
● Proximity to commercial cores and gateway and/or anchor intersections ● Adjacency to residential neighborhoods
● Distance (or setbacks) between developing properties and neighboring ones For example, to preserve the character of our single-family home neighborhoods, those commercial blocks that back onto single family homes with less than 20 feet separation should be developed with substantially less height than those with over 30 feet of separation from single family homes. (Most alleys provide 15 feet of separation.) 10 California law provides that an “Alley” is a roadway abutting a property not exceeding 25 feet whereas a “Highway” is a roadway in excess of 25 feet in width (see California Vehicle Code sections 332, 360, 525). 9 The 2004 General Plan Commercial Standards Topic Committee’s recommendation was that “Development potential for key ‘gateway’ locations (e.g., larger intersections) should be identified. These locations should be targeted for additional height and density and should be highlighted as areas where signature architectural buildings should be developed.”
Appended to the memorandum is a matrix of all commercial communities within the MUOZ with BHIRD’s proposals for updates to the ordinance using our new methodology.

Our proposal includes but a few salient ideas that we believe would benefit the City. We are submitting our ideas in the form of a memorandum because it is not a complete report. We welcome the continued discussion in the weeks and months ahead on other such topics (e.g., expediting the approval process, ground floor usage, rooftop usage, landscaping and open space requirements, “wedding cake” transitions to certain residential neighborhoods, etc.).

Finally, these proposed changes are being made with due regard for existing state laws, which provide additional development incentives based on municipal laws. For example, California law permits a density “bonus” of up to 35-50% over and above that which is permitted under municipal law, if the project includes deed-restricted affordable housing. We offer these recommendations to facilitate local compliance with state housing requirements without compromising the integrity of the uniquely local fabric of our neighborhoods in Beverly Hills.

Given that Beverly Hills does not have a substantially compliant Housing Element – and in order to have a substantially compliant Housing Element, the City must have rezoning to accommodate the density in the to-be-revised Housing Element - we strongly recommend that the rezoning efforts be reviewed, processed, and approved concurrently with the Housing Element approval so as to not prolong the period in which the City would not have a substantially compliant Housing Element – and continued vulnerability for Builder’s Remedy. We realize the impossibility of predicting state law when legislating at the local level, but considering the flurry of state action over the last several years with respect to housing laws, including state density bonus law, we believe that it is likely that the state density bonus law will remain in place for the foreseeable future (i.e., at least the next six to ten years).

We look forward to your consideration of these recommendations to further enhance the living experience within our city.

Sincerely,
Dr. Alan T. Nissel
CEO, Wilshire Skyline
Assistant Professor, Pepperdine Caruso Law School
Jeffrey Churchman
Research Fellow, Wilshire Skyline
Michael Akiva
Resident; Investor
Tony Azzi
President, The Azzi Group
Rabbie Banafsheha
Senior Associate, Marcus & Millichap at The Azzi Group
Leor Binshtock
Executive Vice President, Zacuto Group
Dean Christopher
Resident
Yosef Cunin
Rabbi; Resident
Nathan Daneshrad
Resident
Ronen Emrani
Resident
Murray D. Fischer
Resident; Law Offices of Murray D. Fischer
Hami Gabayan, MD
CEO, Capital Trust Escrow
Hamid Gabbay
Architect
Shaw Ghatan
Property Owner
Jake Glaser Vice President,
The Glaser Group -- LyonStahl Investments
Hillel Laks, MD
Resident; UCLA Professor and Cardio-Thoracic Surgeon
Ryan Leaderman
Partner, Holland & Knight LLP
Dina Levy
Resident
Vera Markowitz
Resident; Founder, JUST IN CASE: Beverly Hills
Marcy Meier
Resident
Elan Mordoch
Developer
Micheal Nikravesh
President, The Nik Group, LLC
Raphael & Rivka Nissel
Residents
Michael J. Novack
Resident
Oliver Omidvar
Investor
Zoltan E. Pali, FAIA
Founder + Design Principal, SPF:a
Melissa and Sol Rojhani, MD
Residents
Jonathan Sedaghat
Property Owner
Sammi Shaaya
Resident
Grant Sheehan
Resident
Allen Shamooilian
CEO, King’s Arch
Jack & Faye Shamooilian
Residents
Richard Shamooilian
Resident; President, King’s Arch
Andrew Shanfeld
Managing Partner, Carolwood LP
David Shophet
Sharp Capital
Avi V. Stieglitz
President, BRE M&C
Mala Stieglitz
Resident
Alexander Waldman, DMD MMSc ABO
President, Waldman Orthodontics
Kitty Wallace
Senior Executive Vice President, Colliers
Stephen P. Webb
Law Offices of Stephen P. Webb
Davoud Yacobi
Resident
Tuesday, July 11, 2023
Appendix A
Criteria for Methodology
BHIRD Memo to Beverly Hills, July 11, 2023
Criteria for Methodology
In determining the appropriate levels of maximum height and density, our methodology considers whether each property is:

1. Located on a Gateway and/or Anchor Intersection.

2. Within 1,500 feet of “Retail Triangle.”

3. Adjacent to Single Family Homes.

4. Adjacent to Multifamily Zone.

5. Adjacent to Commercial Zone.

6. Backs onto a highway, separating it from its rear neighbor.

7. Backs on to an alley, separating it from its rear neighbor.

8. Not separated by alley or highway between it and its rear neighbor.

Images of Criteria
• Gateway and/or Anchor
Intersections
Images of Criteria
• Adjacent to Multifamily or
Commercial zoned
neighborhoods
Images of Criteria
• Adjacent to Single Family
Homes and
separated by “highway”
wider than 15‘ alley
Images of Criteria
• Adjacent to Single Family
Homes and
separated by alley (15’
wide or less)
Images of Criteria
• Adjacent to Single Family
Homes and not
separated by alley or
highway
Appendix B
Height and Density
Tables per
neighborhood within
MUOZ
BHIRD Memo to Beverly Hills, July 11, 2023
Wilshire (North Side)
Wilshire Blvd between Rexford and Palm Drs
Distinct characteristics: Chase Bank Building, office buildings Height (ft) Density (units/sq. ft.
of site area)
75 330.0
Gateway Intersection
Within 1,500 ft of Retail Triangle X
Adjacent to commercial or multifamily use
Adjacent to single family homes and: X
(a) is separated from residential property by highway X (b) is separated from residential property by alley
(c) is not separated from residential property by alley Wilshire (North Side)
Wilshire Blvd between Palm and Doheny Drs
Distinct characteristics: Office buildings
Height (ft) Density (units/sq. ft.
of site area)
65 380.8
Gateway Intersection
Within 1,500 ft of Retail Triangle
Adjacent to commercial or multifamily use
Adjacent to single family homes and: X
(a) is separated from residential property by highway X (b) is separated from residential property by alley
(c) is not separated from residential property by alley Wilshire (North Side)
Wilshire Blvd between Doheny and Almont Drs
Distinct characteristics: Medical and office
Height (ft) Density (units/sq. ft.
of site area)
45 550.0
Gateway Intersection
Within 1,500 ft of Retail Triangle
Adjacent to commercial or multifamily use
Adjacent to single family homes and: X
(a) is separated from residential property by highway
(b) is separated from residential property by alley X
(c) is not separated from residential property by alley Wilshire (North Side)
Wilshire Blvd between Almont Dr and Robertson Blvd
Distinct characteristics: Office and auto dealerships
Height (ft) Density (units/sq. ft.
of site area)
65 380.8
Gateway Intersection
Within 1,500 ft of Retail Triangle
Adjacent to commercial or multifamily use X
Adjacent to single family homes and:
(a) is separated from residential property by highway
(b) is separated from residential property by alley
(c) is not separated from residential property by alley Wilshire (North Side)
Wilshire Blvd between Robertson Blvd and Arnaz Dr
Distinct characteristics: Cadillac dealership and medical offices Height (ft) Density (units/sq. ft.
of site area)
65 380.8
Gateway Intersection
Within 1,500 ft of Retail Triangle
Adjacent to commercial or multifamily use X
Adjacent to single family homes and:
(a) is separated from residential property by highway
(b) is separated from residential property by alley
(c) is not separated from residential property by alley Wilshire (North Side)
Wilshire Blvd between Arnaz Dr and La Cienega Blvd
Distinct characteristics: Mix of office, retail, and restaurants Height (ft) Density (units/sq. ft.
of site area)
35 707.1
Gateway Intersection
Within 1,500 ft of Retail Triangle
Adjacent to commercial or multifamily use
Adjacent to single family homes and: X
(a) is separated from residential property by highway
(b) is separated from residential property by alley
(c) is not separated from residential property by alley X Wilshire (North Side)
Wilshire Blvd between La Cienega Blvd and Gale Dr
Distinct characteristics: Office and auto dealerships
Height (ft) Density (units/sq. ft.
of site area)
65 380.8
Gateway Intersection
Within 1,500 ft of Retail Triangle
Adjacent to commercial or multifamily use X
Adjacent to single family homes and:
(a) is separated from residential property by highway
(b) is separated from residential property by alley
(c) is not separated from residential property by alley Wilshire (North Side)
Wilshire Blvd between Gale Dr and San Vicente Blvd
Distinct characteristics: Office building
Height (ft) Density (units/sq. ft.
of site area)
65 380.8
Gateway Intersection
Within 1,500 ft of Retail Triangle
Adjacent to commercial or multifamily use X
Adjacent to single family homes and:
(a) is separated from residential property by highway
(b) is separated from residential property by alley
(c) is not separated from residential property by alley Wilshire (South Side)
Wilshire Blvd between Santa Monica Blvd and Beverly Dr
Distinct characteristics: Mix of big box retail, large retail and office Height (ft) Density (units/sq. ft.
of site area)
75 330.0
Gateway Intersection
Within 1,500 ft of Retail Triangle X
Adjacent to commercial or multifamily use X
Adjacent to single family homes and:
(a) is separated from residential property by highway
(b) is separated from residential property by alley
(c) is not separated from residential property by alley Wilshire (South Side)
Wilshire Blvd between Beverly and Palm Drs
Distinct characteristics: Mix of office, retail, and auto dealerships Height (ft) Density (units/sq. ft.
of site area)
75 330.0
Gateway Intersection
Within 1,500 ft of Retail Triangle X
Adjacent to commercial or multifamily use X
Adjacent to single family homes and:
(a) is separated from residential property by highway
(b) is separated from residential property by alley
(c) is not separated from residential property by alley Wilshire (South Side)
Wilshire Blvd between Palm and Doheny Drs
Distinct characteristics: Office buildings
Height (ft) Density (units/sq. ft.
of site area)
65 380.8
Gateway Intersection
Within 1,500 ft of Retail Triangle
Adjacent to commercial or multifamily use X
Adjacent to single family homes and:
(a) is separated from residential property by highway
(b) is separated from residential property by alley
(c) is not separated from residential property by alley Wilshire (South Side)
Wilshire Blvd between Doheny Dr and Robertson Blvd
Distinct characteristics: Office and auto dealerships
Height (ft) Density (units/sq. ft.
of site area)
45 550.0
Gateway Intersection
Within 1,500 ft of Retail Triangle
Adjacent to commercial or multifamily use
Adjacent to single family homes and: X
(a) is separated from residential property by highway
(b) is separated from residential property by alley X
(c) is not separated from residential property by alley Wilshire (South Side)
Wilshire Blvd between Robertson Blvd and Hamel Dr
Distinct characteristics: Predominantly office buildings Height (ft) Density (units/sq. ft.
of site area)
65 380.8
Gateway Intersection
Within 1,500 ft of Retail Triangle
Adjacent to commercial or multifamily use X
Adjacent to single family homes and:
(a) is separated from residential property by highway
(b) is separated from residential property by alley
(c) is not separated from residential property by alley Wilshire (South Side)
Wilshire Blvd between Hamel and Stanley Drs
Distinct characteristics: Mix of medical and office
Height (ft) Density (units/sq. ft.
of site area)
35 707.1
Gateway Intersection
Within 1,500 ft of Retail Triangle
Adjacent to commercial or multifamily use
Adjacent to single family homes and: X
(a) is separated from residential property by highway
(b) is separated from residential property by alley
(c) is not separated from residential property by alley X Wilshire (South Side)
Wilshire Blvd between Stanley Dr and Le Doux Rd
Distinct characteristics: Medical and office
Height (ft) Density (units/sq. ft.
of site area)
65 380.8
Gateway Intersection
Within 1,500 ft of Retail Triangle
Adjacent to commercial or multifamily use
Adjacent to single family homes and: X
(a) is separated from residential property by highway X (b) is separated from residential property by alley
(c) is not separated from residential property by alley Wilshire (South Side)
Wilshire Blvd between Le Doux Rd and La Cienega Blvd
Distinct characteristics: Office buildings
Height (ft) Density (units/sq. ft.
of site area)
35 707.1
Gateway Intersection
Within 1,500 ft of Retail Triangle
Adjacent to commercial or multifamily use
Adjacent to single family homes and: X
(a) is separated from residential property by highway
(b) is separated from residential property by alley
(c) is not separated from residential property by alley X Wilshire (South Side)
Wilshire Blvd between La Cienega and San Vicente Blvds
Distinct characteristics: Office buildings
Height (ft) Density (units/sq. ft.
of site area)
65 380.8
Gateway Intersection
Within 1,500 ft of Retail Triangle
Adjacent to commercial or multifamily use X
Adjacent to single family homes and:
(a) is separated from residential property by highway
(b) is separated from residential property by alley
(c) is not separated from residential property by alley La Cienega (West Side)
La Cienega Blvd between Clifton and Gregory Ways
Distinct characteristics: Mix of restaurants and offices Height (ft) Density (units/sq. ft.
of site area)
35 707.1
Gateway Intersection
Within 1,500 ft of Retail Triangle
Adjacent to commercial or multifamily use
Adjacent to single family homes and: X
(a) is separated from residential property by highway
(b) is separated from residential property by alley
(c) is not separated from residential property by alley X La Cienega (East Side)
La Cienega Blvd between Clifton and Gregory Ways
Distinct characteristics: Mix of restaurants and offices Height (ft) Density (units/sq. ft.
of site area)
65 380.8
Gateway Intersection
Within 1,500 ft of Retail Triangle
Adjacent to commercial or multifamily use X
Adjacent to single family homes and:
(a) is separated from residential property by highway
(b) is separated from residential property by alley
(c) is not separated from residential property by alley Robertson (West Side)
Robertson Blvd between Burton Way and Wilshire Blvd
Distinct characteristics: Predominantly single story, mix of retail and office Height (ft) Density (units/sq. ft.
of site area)
65 380.8
Gateway Intersection
Within 1,500 ft of Retail Triangle
Adjacent to commercial or multifamily use X
Adjacent to single family homes and:
(a) is separated from residential property by highway
(b) is separated from residential property by alley
(c) is not separated from residential property by alley Robertson (West Side)
Robertson Blvd between Wilshire Blvd and Whitworth Dr
Distinct characteristics: Mix of single and two-story restaurant, retail and office Height (ft) Density (units/sq. ft.
of site area)
45 550.0
Gateway Intersection
Within 1,500 ft of Retail Triangle
Adjacent to commercial or multifamily use
Adjacent to single family homes and: X
(a) is separated from residential property by highway
(b) is separated from residential property by alley X
(c) is not separated from residential property by alley Robertson (East Side)
Robertson Blvd between Clifton Way and Wilshire Blvd
Distinct characteristics: Multi-story medical office, restaurants, auto dealership Height (ft) Density (units/sq. ft.
of site area)
65 380.8
Gateway Intersection
Within 1,500 ft of Retail Triangle
Adjacent to commercial or multifamily use X
Adjacent to single family homes and:
(a) is separated from residential property by highway
(b) is separated from residential property by alley
(c) is not separated from residential property by alley Robertson (East Side)
Robertson Blvd between Charleville Blvd and Gregory Way Distinct characteristics: Single story restaurants and retail Height (ft) Density (units/sq. ft.
of site area)
65 380.8
Gateway Intersection
Within 1,500 ft of Retail Triangle
Adjacent to commercial or multifamily use X
Adjacent to single family homes and:
(a) is separated from residential property by highway
(b) is separated from residential property by alley
(c) is not separated from residential property by alley Olympic (North Side)
Olympic Blvd between Rexford Dr and Robertson Blvd
Distinct characteristics: Predominantly single-story office, retail, auto dealership Height (ft) Density (units/sq. ft.
of site area)
45 550.0
Gateway Intersection
Within 1,500 ft of Retail Triangle
Adjacent to commercial or multifamily use
Adjacent to single family homes and: X
(a) is separated from residential property by highway
(b) is separated from residential property by alley X
(c) is not separated from residential property by alley Olympic (South Side)
Olympic Blvd between Rexford and Doheny Drs
Distinct characteristics: Mix of office, retail, and restaurants Height (ft) Density (units/sq. ft.
of site area)
65 380.8
Gateway Intersection
Within 1,500 ft of Retail Triangle
Adjacent to commercial or multifamily use X
Adjacent to single family homes and:
(a) is separated from residential property by highway
(b) is separated from residential property by alley
(c) is not separated from residential property by alley Olympic (South Side)
Olympic Blvd between Doheny Dr and Robertson Blvd
Distinct characteristics: Predominantly single-story small office and retail Height (ft) Density (units/sq. ft.
of site area)
45 550.0
Gateway Intersection
Within 1,500 ft of Retail Triangle
Adjacent to commercial or multifamily use
Adjacent to single family homes and: X
(a) is separated from residential property by highway
(b) is separated from residential property by alley X
(c) is not separated from residential property by alley Doheny (West Side)
Doheny Dr between Wilshire and Charleville Blvds
Distinct characteristics: Large office, parking lot, small retail Height (ft) Density (units/sq. ft.
of site area)
65 380.8
Gateway Intersection
Within 1,500 ft of Retail Triangle
Adjacent to commercial or multifamily use X
Adjacent to single family homes and:
(a) is separated from residential property by highway
(b) is separated from residential property by alley
(c) is not separated from residential property by alley Doheny (East Side)
Doheny Dr between Wilshire and Charleville Blvds
Distinct characteristics: Medical office, parking lot, and small retail Height (ft) Density (units/sq. ft.
of site area)
45 550.0
Gateway Intersection
Within 1,500 ft of Retail Triangle
Adjacent to commercial or multifamily use
Adjacent to single family homes and: X
(a) is separated from residential property by highway
(b) is separated from residential property by alley X
(c) is not separated from residential property by alley San Vicente
San Vicente Blvd between Wilshire and La Cienega Blvds
Distinct characteristics: Predominantly large office, adjacent to Los Angeles Height (ft) Density (units/sq. ft.
of site area)
100 247.5
Gateway Intersection X
Within 1,500 ft of Retail Triangle
Adjacent to commercial or multifamily use X
Adjacent to single family homes and:
(a) is separated from residential property by highway
(b) is separated from residential property by alley
(c) is not separated from residential property by alley Santa Monica
Santa Monica Blvd between Wilshire Blvd and South Moreno Dr Distinct characteristics: Mix of small restaurants and retail Height (ft) Density (units/sq. ft.
of site area)
75 330.0
Gateway Intersection
Within 1,500 ft of Retail Triangle X
Adjacent to commercial or multifamily use X
Adjacent to single family homes and:
(a) is separated from residential property by highway
(b) is separated from residential property by alley
(c) is not separated from residential property by alley South Beverly (West Side)
South Beverly 100 Block
Distinct characteristics: Mix of restaurants, coffee shops, and large office Height (ft) Density (units/sq. ft.
of site area)
75 330.0
Gateway Intersection
Within 1,500 ft of Retail Triangle X
Adjacent to commercial or multifamily use X
Adjacent to single family homes and:
(a) is separated from residential property by highway
(b) is separated from residential property by alley
(c) is not separated from residential property by alley South Beverly (West Side)
South Beverly 200 Block
Distinct characteristics: Mix of restaurants, coffee shops, and small retail Height (ft) Density (units/sq. ft.
of site area)
45 550.0
Gateway Intersection
Within 1,500 ft of Retail Triangle
Adjacent to commercial or multifamily use
Adjacent to single family homes and: X
(a) is separated from residential property by highway
(b) is separated from residential property by alley X
(c) is not separated from residential property by alley South Beverly (West Side)
South Beverly 300 Block
Distinct characteristics: Mix of offices and parking lots Height (ft) Density (units/sq. ft.
of site area)
45 550.0
Gateway Intersection
Within 1,500 ft of Retail Triangle
Adjacent to commercial or multifamily use
Adjacent to single family homes and: X
(a) is separated from residential property by highway
(b) is separated from residential property by alley X
(c) is not separated from residential property by alley South Beverly (East Side)
South Beverly 100 Block
Distinct characteristics: Mix of restaurants, coffee shops, and large office Height (ft) Density (units/sq. ft.
of site area)
75 330.0
Gateway Intersection
Within 1,500 ft of Retail Triangle X
Adjacent to commercial or multifamily use X
Adjacent to single family homes and:
(a) is separated from residential property by highway
(b) is separated from residential property by alley
(c) is not separated from residential property by alley South Beverly (East Side)
South Beverly 200 Block
Distinct characteristics: Mix of restaurants, coffee shops, and small retail Height (ft) Density (units/sq. ft.
of site area)
65 380.8
Gateway Intersection
Within 1,500 ft of Retail Triangle
Adjacent to commercial or multifamily use X
Adjacent to single family homes and:
(a) is separated from residential property by highway
(b) is separated from residential property by alley
(c) is not separated from residential property by alley South Beverly (East Side)
South Beverly 300 Block
Distinct characteristics: Mix of small restaurants and office Height (ft) Density (units/sq. ft.
of site area)
65 380.8
Gateway Intersection
Within 1,500 ft of Retail Triangle
Adjacent to commercial or multifamily use X
Adjacent to single family homes and:
(a) is separated from residential property by highway
(b) is separated from residential property by alley
(c) is not separated from residential property by alley Gateway Intersections
Wilshire and Santa Monica Blvds
Distinct characteristics: Dense office, Gateway intersection to Retail Triangle Height (ft) Density (units/sq. ft.
of site area)
100 247.5
Gateway Intersection X
Within 1,500 ft of Retail Triangle X
Adjacent to commercial or multifamily use X
Adjacent to single family homes and:
(a) is separated from residential property by highway
(b) is separated from residential property by alley
(c) is not separated from residential property by alley Gateway Intersections
Wilshire and Robertson Blvds
Distinct characteristics: Gateway intersection, dense commercial on Wilshire and hospitality on Robertson
Height (ft) Density (units/sq. ft.
of site area)
100 247.5
Gateway Intersection X
Within 1,500 ft of Retail Triangle
Adjacent to commercial or multifamily use X
Adjacent to single family homes and:
(a) is separated from residential property by highway
(b) is separated from residential property by alley
(c) is not separated from residential property by alley Gateway Intersections
La Cienega and Wilshire Blvds
Distinct characteristics: Gateway intersection, dense office buildings Height (ft) Density (units/sq. ft.
of site area)
100 247.5
Gateway Intersection X
Within 1,500 ft of Retail Triangle
Adjacent to commercial or multifamily use X
Adjacent to single family homes and:
(a) is separated from residential property by highway
(b) is separated from residential property by alley
(c) is not separated from residential property by alley Gateway Intersections
La Cienega Blvd and Clifton Way
Distinct characteristics: Gateway intersection from Los Angeles, fronts San Vicente Height (ft) Density (units/sq. ft.
of site area)
100 247.5
Gateway Intersection X
Within 1,500 ft of Retail Triangle
Adjacent to commercial or multifamily use X
Adjacent to single family homes and:
(a) is separated from residential property by highway
(b) is separated from residential property by alley
(c) is not separated from residential property by alley Gateway Intersections
Olympic and Robertson Blvds
Distinct characteristics: Gateway intersection from Los Angeles, dense hospitality Height (ft) Density (units/sq. ft.
of site area)
100 247.5
Gateway Intersection X
Within 1,500 ft of Retail Triangle
Adjacent to commercial or multifamily use X
Adjacent to single family homes and:
(a) is separated from residential property by highway
(b) is separated from residential property by alley
(c) is not separated from residential property by alley Appendix C
Summary Tables
BHIRD Memo to Beverly Hills, July 11, 2023
Summary Tables
Height (ft) Density (sq ft of floor
area/unit)
Wilshire (North Side) Rexford to Palm 75 330.0
Palm to Doheny 65 380.8
Doheny to Almont 45 550.0
Almont to Robertson 65 380.8
Robertson to Arnaz 65 380.8
Arnaz to Le Cienega 35 707.1
La Cienega to Gale 65 380.8
Gale to San Vicente 65 380.8
Wilshire (South Side) Santa Monica to Beverly 75 330.0
Beverly to Palm 75 330.0
Palm to Doheny 65 380.8
Doheny to Robertson 45 550.0
Robertson to Hamel 65 380.8
Hamel to Stanley 35 707.1
Stanley to Le Doux 65 380.8
Le Doux to La Cienega 35 707.1
La Cienega to San Vicente 65 380.8
La Cienega (West Side) Clifton to Gregory 35 707.1
La Cienega (East Side) Clifton to Gregory 65 380.8
Summary Tables
Height (ft) Density (sq ft of floor
area/unit)
Robertson (West Side) Burton to Wilshire 65 380.8
Wilshire to Whitworth 45 550.0
Robertson (East Side) Clifton to Wilshire 65 380.8
Charleville to Gregory 65 380.8
Olympic (North Side) Rexford to Robertson 45 550.0
Olympic (South Side) Rexford to Doheny 65 380.8
Doheny to Robertson 45 550.0
Doheny (West Side) Wilshire to Charleville 65 380.8
Doheny (East Side) Wilshire to Charleville 45 550.0
San Vicente Wilshire to La Cienega 100 247.5
Santa Monica Wilshire to South Moreno 75 330.0
South Beverly (West Side) 100 Block 75 330.0
200 Block 45 550.0
300 Block 45 550.0
South Beverly (East Side) 100 Block 75 330.0
200 Block 65 380.8
300 Block 65 380.8
Gateway Intersection Wilshire and Santa Monica 100 247.5 Wilshire and Robertson 100 247.5
La Cienega and Wilshire 100 247.5
La Cienega and Clifton 100 247.5
Olympic and Robertson 100 247.5