AGENDA REPORT
Meeting Date: October 17, 2023
Item Number:
To: Honorable Mayor & City Council
From: Laurence S. Wiener, City Attorney
Subject: AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING BEVERLY HILLS MUNICIPAL CODE §10-3-100 TO REDEFINE AN
ALTERNATIVE PARKING FACILITY AND FINDING THE
AMENDMENT 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 TO REDEFINE AN ALTERNATIVE
PARKING FACILITY AND FINDING THE AMENDMENT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT”.
INTRODUCTION
At its meeting of October 3, 2023, the City Council conducted a first reading of this ordinance and introduced it.
DISCUSSION
This ordinance redefines an Alternative Parking Facility to include fully automated parking systems. The ordinance is the result of a Zone Text Amendment request by an applicant to construct an alternative parking facility in conjunction with a new three-story commercial building located at 8633 Wilshire Boulevard. Pursuant to the provisions set forth in the California Environmental Quality Act, the City Council will also consider adoption of a Class 5 Categorical Exemption.
Meeting Date: October 17, 2023
FISCAL IMPACT
This ordinance expands an existing pilot program and allows greater flexibility in development and operational standards. Such facilities may help reduce 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.
Laurence S. Wiener
City Attorney
Approved By
Attachment 1
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ORDINANCE NO. 23-O-_______
AN ORDINANCE OF THE CITY OF BEVERLY HILLS
AMENDING BEVERLY HILLS MUNICIPAL CODE §10-3-100
TO REDEFINE AN ALTERNATIVE PARKING FACILITY AND
FINDING THE AMENDMENT EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY ORDAINS AS FOLLOWS:
Section 1. On August 10, 2023, the Planning Commission held a duly noticed public hearing after which it adopted Resolution No. 2033, recommending that the City Council amend a section of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code to amend the definitions of an “alternative parking facility” to allow fully automated parking systems and specifically allow for the use of robotic parking systems. On October 3, 2023, the City Council held a duly noticed public hearing, received public testimony, and thereafter introduced this Ordinance.
Section 2. This Ordinance and the Amendment, in conjunction with the proposed project located at 8633 Wilshire Boulevard (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 amending previously approved entitlements to allow for the construction of a new threestory commercial building with rooftop uses and an alternative parking facility. 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. This exemption is applicable because the Project involves amendments which constitute minor changes to land use -2-
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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 “Building, Parking Structure, and Site Design” strive for a distinctive, highquality aesthetic that complements the surrounding built environment and enhances the City's business district. 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 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,” aim to provide adequate parking for all uses, while encouraging measures to reduce parking space and explore alternative modes of travel and parking strategies.
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 “Alternative Parking Facility,” as set forth below, with all other definitions in the section remaining unchanged:
“ALTERNATIVE PARKING FACILITY: An off street parking facility in which vehicular storage is accomplished with mechanical parking lifts and/or automobile elevators that are operated by a valet or other driver. An alternative parking facility may also be a fully -3-
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automated parking facility that uses mechanical and/or robotic systems to hoist individual vehicles from receiving areas to separate automobile storage areas without a driver.” 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. //
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