AGENDA REPORT
Meeting Date: October 1, 2024
Item:
To: Honorable Mayor & City Council
From: Chloe Chen, Principal Planner
Masa Alkire, AICP, Assistant Director of Community
Development/City Planner
Subject: DISCUSSION OF POTENTIAL IMPLEMENTATION OF
PREFERENTIAL PARKING PROHIBITION FOR HOUSING
PROJECTS UTILIZING PARKING REDUCTIONS
Attachments: 1. BHMC Parking Requirements
2. Density Bonus Parking Reductions Summary
3. Preferential Parking Program Guidelines and Map
4. AB 2712 Bill Summary and Analysis
RECOMMENDATION
Staff recommends the City Council provide direction on whether or not to implement a prohibition on participation in preferential and overnight parking permits by projects with zero or reduced parking requirements pursuant to state law.
Staff recommends the City Council discuss and provide direction to staff regarding: 1) whether there is a desire to implement this type of prohibition on certain types of multifamily housing projects; and 2) if yes, should this restriction be applied by either: amending the code to prohibit the use of preferential parking permits and overnight parking permits by residents of such projects; or adding this restriction as a project-specific condition of approval at the time of project review. Staff requests direction regarding which option is appropriate to implement. Staff will work on implementing and processing any necessary code changes based on the direction of the City Council.
INTRODUCTION
The report includes a summary of the City’s preferential parking regulations, as well as state law that interacts with the application of parking requirements in the Beverly Hills Municipal Code (BHMC). Per the request of Councilmember Mirisch, this report discusses whether the City may be able to restrict the use of preferential parking permits by residents of multi-family residential developments that were exempted from otherwise applicable BHMC parking requirements by various provisions in state law.
Meeting Date: October 1, 2024
Should City Council wish to prohibit projects that utilized state law parking exemptions or reductions from participating in the City’s preferential or overnight parking permit programs, staff has identified two options to achieve this objective:
1) Identify the types of projects (such as those receiving state law parking exemptions or reductions) that would not be eligible for participation in the preferential parking permit program, including any overnight parking permit, and then modify the applicable preferential parking and overnight parking BHMC sections; or 2) Apply this restriction on a case-by-case basis as a condition of approval for the project if the project utilized state law parking exemptions or reductions.
DISCUSSION
The City has implemented a preferential parking program within single-family and multifamily residential areas since 1977, due to commuter parking intrusion and a high demand for on-street parking in high activity area (e.g., commercial corridors), and a desire to maintain available parking options for residents in such areas of the City. Often, the need for preferential parking permits is related to the location of the street near popular commercial corridors, or a concentration of multi-family residential developments that have a higher demand for parking due to an increased number of residents and visitors.
For any new development, including both residential and commercial developments, the BHMC sets forth minimum parking requirements, intended to provide sufficient parking for visitors or tenants of the development (Attachment 1).
There are several recently adopted state laws that provide parking reductions or exemptions and preclude the City from requiring development projects to provide and construct parking. Recent state laws that provide parking exemptions or reductions to new developments include AB 2097 (Gov. Code Section 65863.2), state density bonus law1, and the Housing Accountability Act (Gov. Code Section 65589.5(d)(5)), often with the criteria that such development is located within proximity of public transportation options.
As a result, there have been several development projects recently approved that provide fewer parking spaces than what would otherwise be required under BHMC regulations.
Often, a development project that is exempt from providing required onsite parking will still provide a number of onsite parking spaces to meet the market demand for that particular use. This means the developer of a multi-family housing project may still provide parking, albeit a lower number of spaces than the BHMC requirement, in order to ensure that the development project is able to rent at a competitive price, since parking can be considered an amenity for prospective tenants2. However, given that such new developments have provided parking amenities than what would otherwise be required prior to state law exemptions, there have been concerns that this will lead to an over-demand for on-street parking resources, especially in areas of the City that are already developed with multifamily residential units that utilize on-street preferential parking permits and have an existing, high demand for on-street parking.
Preferential Parking Program
The Preferential Parking Permit Program establishes “permit parking” and a Preferential Parking Permit (PPP) zone in residential areas for on-street daytime and evening parking. 1 Although state density bonus law is not a newly adopted law, there are periodic updates that have included changes to parking requirements for density bonus projects. 2 Starting in 2025, AB 1317 would require the owner of qualifying residential property that provides parking with the qualifying residential property to unbundle parking from the price of rent. The bill would define unbundled parking as the practice of selling or leasing parking spaces separate from the lease of the residential use.
Meeting Date: October 1, 2024
This means that a permit is provided to allow the permit-holder to park for periods beyond the stated parking restrictions that would generally apply to the public (such as a maximum two-hour parking limitation). Per BHMC §7-3-301, on-street parking is prohibited throughout the City from 2:30 AM to 5 AM, known as the overnight parking restriction.
However, as the City's multi-family residential areas do not have sufficient off-street parking for residents and their guests, the City provides Overnight Parking Permits for qualifying residents in multi-family units (apartments, condos, and duplexes).3 To qualify for annual Overnight Parking permits, residents must demonstrate a lack of off-street parking for their private vehicles. All residents in multi-family residential areas that allow for overnight parking may obtain up to 13 monthly overnight parking exemptions per household. Annual overnight parking permits are generally for residents that do not have off-street parking for their vehicle, while overnight exemptions or one-day permits are generally for use by guests. Residents within a Preferential Parking permit zone may purchase up to three daytime preferential parking permits that are valid 12 months from the date of issuance/renewal. Once a resident has purchased all three annual daytime preferential parking permits, they may obtain an unlimited number of one-day daytime parking exemptions. Residents that live in preferential parking permit zones but do not purchase all three annual permits, may obtain a limited number of one-day daytime parking exemptions up to five per year.
The establishment or modification of a Preferential Parking Permit (PPP) zone on a residential street block requires a resident-initiated petition signed by the residents on the requesting street block(s), as well as a cover letter from the lead petitioner outlining the reason(s) for establishing or modifying a permit parking zone. Currently, the majority of all residential street blocks (both single and multi-family) south of Santa Monica Blvd. are established Preferential Permit Parking Zones, with approximately 175 street blocks citywide having multiple variations of permit parking regulations, as shown in the map in Attachment 3. Anecdotally, these areas of the City may already experience a shortage of on-street parking supply to satisfy demand in such areas, as City staff sometimes receives complaints from permit-holders that they are not able to utilize their parking permit for onstreet parking (since no on-street parking is available).
AB 2097 Parking Exemption
Adopted in 2022, with an effective date of January 1, 2023, AB 2097 is a state law that prohibits jurisdictions from imposing minimum parking requirements on the majority of developments located within a half-mile radius of a major transit stop, which is 1) an existing rail or bus rapid transit station, 2) a ferry terminal served by either a bus or rail transit service, or 3) The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods (as defined in Section 21155 of the Public Resources Code). This means that if a project qualifies for AB 2097, the project is exempted from any parking requirements (there is no parking required). It is important to note that AB 2097 does not allow for parking requirements to be reduced, but rather simply exempts projects from any parking requirements. AB 2097 applies to most types of development, including residential and commercial or mixed-use projects, but does not apply to event centers or hotels. The law allows jurisdictions to impose minimum parking requirements if there are findings that not imposing or enforcing minimum parking requirements on the project would have a substantially negative impact, as supported by a preponderance of evidence in the record, on any of the following:
3 Residents of single-family properties are not eligible to purchase overnight permits. Residents of multi-family properties purchase PPP permits and Overnight permits separately.
Meeting Date: October 1, 2024
1. The city’s, county’s, or city and county’s ability to meet its share of the regional housing need in accordance with Section 65584 for low- and very low income households.
2. The city’s, county’s, or city and county’s ability to meet any special housing needs for the elderly or persons with disabilities identified in the analysis required pursuant to paragraph (7) of subdivision (a) of Section 65583.
3. Existing residential or commercial parking within one-half mile of the housing development project.
AB 2097 requires that these findings are made within 30 days. However, there are certain types of projects for which a jurisdiction may not make these findings4 .
AB 2097 Interaction with Approved Projects
Table 1 below shows multi-family or mixed use residential projects that were approved since AB 2097 was implemented. As shown in the table, four projects in the City were approved that were exempted from providing minimum parking as required under the BHMC by AB 2097. However, it is important to note that state density bonus law also provides certain parking reductions that could be utilized for these projects. A summary of available density bonus parking reductions is provided in Attachment 2. This means that even if AB 2097 does not apply to projects, the overall parking requirement may be reduced by-right through a density bonus request. If a project is subject to AB 2097, this means that the parking requirement becomes zero parking spaces. However, if a project is not subject to AB 2097 but is requesting a density bonus, the parking requirement can be reduced from what would otherwise be required under the BHMC, as reflected in the table. Furthermore, it is important to note that for all multi-family projects that were either subject to AB 2097 and/or included a density bonus request, all provided parking spaces beyond the requirement (either beyond the density bonus parking requirement or beyond the zero parking required under AB 2097), but fewer parking spaces than required under the BHMC.
TABLE 1. PROJECTS APPROVED SINCE AB 2097 IMPLEMENTATION Project
Type
Parking
Spaces
Required
per BHMC
Parking
Spaces
Required
per Density
Bonus (if
applicable)
Eligible
for AB
2097?
(Y/N)
Parking
Spaces
Provided
Code Section Applied
MFR 20 N/A N 20 BHMC 10-3-2730
MFR 22 11 N 13
State Density Bonus
Parking Standards Section
65915(p)(1)
Mixed
Use
Commercial:
96 Residential:
Commercial:
96 Residential:
Y 196
Qualifies for AB 2097, but
provides more parking
than required per State
Density Bonus Parking
4 Projects for which AB 2097 impact findings may not be made are as follows:
• Projects that reserve 20% or more of the total dwelling units for very low, low, or moderate income households, students, the elderly, or persons with disabilities, • Projects that contain fewer than 20 dwelling units; or, • Projects that may apply other parking reductions per any other applicable law (upon meeting eligibility requirements).
Meeting Date: October 1, 2024
207
Total: 303
53 Total: 149
Standards Section
65915(p)(1)
MFR 25 5 Y 13
Qualifies for AB 2097, but
provides more parking
than required per State
Density Bonus Parking
Standards Section
65915(p)(1)
MFR 27 5 Y 13
Qualifies for AB 2097, but
provides more parking
than required per State
Density Bonus Parking
Standards Section
65915(p)(1)
Mixed
Use
Commercial:
23 Residential:
153
Total: 176
Commercial:
23 Residential:
28 Total: 51
Y
103
(23
Commercial,
80 Residential)
Qualifies for AB 2097, but
parking provided
consistent with State
Density Bonus Parking
Standards Section
65915(p)(1) for residential,
and parking provided
consistent with BHMC for
commercial
Senior 60 N/A N 49 BHMC 10-3-1286 (5/10th
reduction)
MFR 25 11 N 13
State Density Bonus
Parking Standards Section
65915(p)(1)
AB 2712 Proposed Prohibition on Preferential Parking
Recently, AB 2712 was introduced in the Senate Committee on Housing by Assemblymember Laura Friedman (D-Glendale). The bill addresses concerns of residents that with the application of AB 2097 parking requirement exemptions, there will be a higher demand for on-street parking as a result of the new development and its residents. This bill would prohibit the City of Los Angeles from issuing preferential parking permits to residents of new developments that have been exempted from satisfying otherwise applicable minimum parking requirements under municipal codes, such as projects exempted under AB 2097. In addition, the bill would also require that the City exclude development projects located within one-half mile of a major transit stop from the preferential parking area, meaning that the development would not be able to utilize the preferential parking zone. The bill would apply to development projects that are defined as: “a residential development containing more than 20 units, a commercial development, or other development project exempt from minimum automobile parking requirements, as specified, or subject to parking minimum reductions based on any applicable law that is located within the boundaries of the City.” However, the bill would carve out a preferential parking permit allowance for tenants of such development projects that reside in deedrestricted affordable units, meaning that these tenants would still be able to obtain a parking permit for on-street parking. The bill would also amend the requirement in AB 2097 for a jurisdiction to make findings that allow the jurisdiction to continue to impose minimum parking requirements on a project from a 30-day period to a 60-day period.
In addition, SB 834 was introduced by State Senator Portantino in 2023. This bill is similar to AB 2712, but would apply statewide. SB 834 would prohibit a local authority from issuing Meeting Date: October 1, 2024
any permit conferring preferential parking privileges to any residents or vendors of any developments located within 1/2 mile of public transit and exempt from parking minimums.
The bill would require the local authority to revise the boundaries of any such preferential parking zone to exclude those developments from its boundaries.
The California Constitution provides cities with the authority to enact regulations that preserve the health, safety, and general welfare, including the development of land use regulations. This is known as the “police power” of cities, which broadly allows for the creation of laws, as long as they are not in conflict with general laws. Additionally, pursuant to Vehicle Code section 22507, local authorities are able to limit the issuance of long-term preferential parking permits to residents only, however, per State Attorney General opinion5
, long-term residential parking permits may not be issued to residents based on the type of dwelling in which they live (e.g. single-family vs. multi-family dwelling). Given this limitation, any potential prohibition related to the use of the preferential parking program must not be connected to the type of housing.
Options for Implementation of Prohibition
Based on the current framework for PPP zones and overnight parking permits, staff has identified two main options for implementing a prohibition on the use of preferential and overnight parking by multi-family or mixed use developments that utilized state law parking exemptions or reductions.
1) The first option would be to identify the types of projects that are not eligible for participation in the PPP zone or overnight parking permit program, and amend the BHMC preferential parking and overnight parking sections to state this restriction. 2) The second option would be to apply this restriction on a case-by-case basis by applying a condition of approval at the time of entitlement approval to projects that utilized state law parking reductions or exemptions.
For either option, the qualifying criteria for prohibiting the use of the preferential parking program would need to be based on whether the project utilized state law parking reductions or exemptions, or another type of criteria that is not tied to the type of housing (multi-family vs. single-family). Additionally, for both options, the City’s Police Department Traffic Bureau would administer the program operations by ensuring that any ineligible resident does not receive a permit for a PPP zone or overnight parking. Since nearly all of the multi-family residential areas6 of the City already have PPP zones established, a non-issuance of a permit would effectively prevent a resident of a multi-family or mixed use project from being able to park on the street for any extended period of time. Although the residents would still be allowed to park on the street in compliance with the otherwise applicable parking restrictions, including the overnight parking restriction (with no option for an overnight parking permit, there would be no ability to park overnight on the street).
Considerations
In the City Council’s discussion of this topic, the Council may wish to consider the following topics:
5 Office of the Attorney General Opinion No. 14-304, issued April 14, 2016 by State Attorney General Kamala D. Harris and Deputy Attorney General Sara J. Russell. 6 Only two multi-family blocks do not have PPP: 100 S Rexford Drive has a Temple and Church on the block and is a fire route, and 400 N. Maple Drive (North of Beverly Blvd) rejected a PPP zone and has been unable to initiate a petition.
Meeting Date: October 1, 2024
• Onsite parking may still be provided even if there is no parking required. As shown in the data in Table 1 above, developments utilizing state law parking exemptions or reductions often still provide some number of parking spaces due to the developers’ recognition of the need for parking to meet market demand and remain competitive. It is also possible that if preferential parking were limited for certain developments, other parking resources might be able to accommodate this demand, such as the use of public or private parking facilities (e.g., office parking spaces) in proximity to multi-family or mixed use residential areas. In addition, it is unknown whether this could have the effect of simply creating higher demand for on-street parking resources on nearby streets that may not be within any parking zone. This might create a “spillover” effect on adjacent streets beyond the preferential parking zones, although the overnight parking prohibition would still apply in these areas.
• Different benefits for residents. Another consideration to discuss is that this type of prohibition would provide different privileges and benefits to residents based on which building they live in. Additionally, residents may not be aware of this restriction when they buy or rent a unit in a development. If the City Council wishes to implement this restriction, staff recommends that there is a requirement for any property owner or developer to notify a resident prior to sale or lease of a unit of this restriction. This notification could be required through a code amendment or a condition of approval on a project entitlement. • Chicken or egg scenario with use of parking facilities. Parking facilities may sometimes present a “chicken or egg” scenario with regard to whether the parking resource results in higher rates of car ownership and use. It is difficult to ascertain the true demand for parking and the effect of available parking on car ownership and use because it is possible that residents that own and use cars specifically seek to live in developments with available parking. For example, a person who utilizes public transportation may specifically seek to live in a development located in close proximity to transit hubs, and the converse may also be true that a person who only utilizes a personal vehicle for travel would seek to live in a development with parking resources regardless of its location or proximity to public transportation. A recent research study cited in Attachment 4 looked at the effects of parking availability on car ownership and driving frequency for tenants who were randomly assigned parking spaces in a development in the City of San Francisco. The study found “that a building’s parking ratio not only influences car ownership, vehicle travel and public transport use, but has a stronger effect than public transport accessibility. Buildings with at least one parking space per unit …have more than twice the car ownership rate of buildings that have no parking.” The study also found that there was a significant correlation between parking availability and car ownership: when no on-site parking was provided, 38% of households owned a car, while 81% of households owned cars when at least one parking space was provided. However, it should be noted that this study was conducted in San Francisco, which generally has more public transportation options that are more concentrated in a smaller geographic region than Los Angeles.
• Overall goal to reduce GHG emissions and increase use of public transit.
Another consideration is that part of the intent of state law parking exemptions such as AB 2097 is to encourage the use of public transportation, and thus, help reduce greenhouse gas emissions (GHG) in the region. It is possible that fewer parking resources may help to disincentivize car ownership and use. However, providing on-street preferential parking facilities may counteract the effectiveness Meeting Date: October 1, 2024
of eliminating parking resources on reducing car use. Therefore, prohibiting the use of preferential parking permits by tenants of developments utilizing state law parking exemptions or reductions may be consistent with the intent to further incentivize the use of public transportation as an alternative to private vehicle use.
FISCAL IMPACT
This discussion is a preliminary review of whether the City could prohibit the use of preferential parking permits for certain multi-family residential developments, so there is no anticipated fiscal impact to the City at this time. The fees for a preferential parking permit are intended to only cover the cost of implementing the permit program. If certain developments are not eligible for permits, there would be no costs incurred by the City.
Michael Forbes, AICP,
Director of Community Development
Approved By
Attachment 1
BHMC Parking Requirements
10-3-2730: PARKING; REQUIREMENTS:
A. At the time of the erection of a structure or the establishment of a use, there shall be provided and thereafter maintained off-street parking facilities to accommodate the motor vehicles used by the occupants, customers, clientele, and employees of such structure or use as provided in this article. Such off-street parking spaces shall be used exclusively for off-street parking purposes. For any structure or use enlarged or increased in capacity, additional parking facilities shall be required only for such enlargement or increase. However, any interior alteration or interior enlargement of an existing structure or use, other than a dwelling, shall not require additional parking to be provided if the alteration or enlargement does not increase the total parking requirement for all uses in the structure by more than two (2) spaces above the amount of parking required for the entire structure on May 22, 1970.
B. The aggregate amount of required parking space for each type of use shall be not less than the following:
Type Of Use Required Spaces
1. Hotels 1 space per rentable room or unit
2. Theaters, auditoriums, and public
assembly areas with fixed seats,
including, but not limited to, religious
institutions, and schools above the
elementary level
1 space per 4 seats
3. Elementary schools and childcare
uses other than family daycare homes
1 space per classroom
4. Public assembly areas without fixed
seats
1 space per 28 square feet of such area
5. Eating and bar facilities located in
the Business Triangle
1 space per 350 square feet of floor area
6. Eating and bar facilities located
outside the Business Triangle that are
less than 3,000 square feet
1 space per 350 square feet of floor area
7. Open air dining on public property
and on privately owned portions of the
Robertson Boulevard sidewalk
No additional parking required
8. Open air dining on private property No additional parking required
9. Eating and bar facilities not
governed by subsections B5 through B7
of this section
1 space per 350 square feet of floor area for the first 3,000 square feet of such area and 1 space per 100
square feet of floor area in excess of 3,000 square
feet. However, 25 percent of the spaces required to
be provided for a building or structure by
subsections B1 and B10 of this section may also be
applied toward the requirements of this subsection
10. Commercial uses not otherwise
specified in this section
1 space per 350 square feet of floor area
11. Medical offices as defined in
section 10-3-100 of this chapter,
including all areas devoted to
administrative or reception purposes
1 space per 350 square feet of floor area; provided
buildings constructed before December 6, 1989,
that received building permits before December 16,
2005, to restripe parking areas to increase the
number of parking spaces and permit additional
medical floor area in the building, shall maintain on
site free validated valet parking for all medical
patrons and maintain posted signage in the parking
garage and in or adjacent to all medical offices
indicating the availability of free validated valet
parking for medical office patrons as required by
the zoning code at the time such projects were
permitted. Any building area converted to medical
use on or after December 16, 2005, which relies on
a valid restripe permit shall also comply with the
above requirements.
12. Manufacturing uses 1 space per 500 square feet of floor area
13. Warehouse uses 1 space per 1,500 square feet of floor area
14. Exercise club 1 space per 100 square feet of floor area
15. Private training centers For private training centers located in the Business Triangle: 1 space per 350 square feet of floor area
for private training centers with up to 3,000 square
feet of floor area. 1 space per 200 square feet of
floor area beyond 3,000 square feet.
For private training centers located outside the
Business Triangle: 1 space per 200 square feet of
floor area.
For all private training centers: Provided, however,
that if a private training center of more than 3,000
square feet of floor area is located in a building
which has at least 1 parking space per 350 square
feet of floor area, then the planning commission, as
part of the issuance of a conditional use permit, may
reduce the amount of required parking for a private
training center to an amount no less than 1 parking
space per 350 square feet of floor area. The
planning commission shall not, however, approve
any reduction in the required parking unless the
planning commission determines that such
reduction will not unreasonably burden the parking
supply of the building.
16. Medical laboratories as defined
under section 10-3-100 of this chapter
1 space per 350 square feet of floor area. Buildings
constructed on or after July 1, 1999, may provide
parking for medical laboratory uses at a ratio that is
less than 1 space per 200 square feet of floor area
upon the granting of a minor accommodation
pursuant to the minor accommodation requirements
set forth in this subsection and provided the parking
ratio for the building is at least 1 space per 350
square feet of floor area. Buildings constructed
before July 1, 1999, which have an existing parking
ratio that satisfies the city's parking requirements in effect on February 21, 1961, may satisfy the 1 space
per 200 square feet of floor area requirement for any
new medical laboratory use by any combination of
tandem and compact spaces and restriping provided
an on-site parking attendant is present at all times
during which access to the site is permitted. Any
building constructed before July 1, 1999, which has
an existing parking ratio that satisfies the city's
parking requirements in effect on February 21,
1961, but cannot satisfy the 1 space per 200 square
feet of floor area requirement as provided by this
subsection may convert commercial space to
medical laboratory space upon the granting of a
minor accommodation pursuant to the minor
accommodation requirements set forth in this
subsection.
a. Minor Accommodation: Where specified reduced parking for medical laboratory uses may be authorized under this
subsection through the granting of a minor
accommodation, the director of planning and
community development may, pursuant to the
provisions of article 36 of this chapter, permit such
reduced parking provided the director of planning
and community development finds that the number
of parking spaces in the building has been
maximized to the extent feasible and that the
proposed reduction in parking will not have a
significant adverse effect on traffic and parking in
the area due to any of the following:
(1) The size or configuration of the building or
portion thereof housing the proposed medical
laboratory;
(2) The number and size of the loading areas on
the site;
(3) The nature and number of deliveries for the
proposed medical laboratory;
(4) The proximity of the proposed medical
laboratory to schools and parks;
(5) The proximity of the proposed medical
laboratory to neighboring residential areas;
(6) The existing concentration of other
commercial operations in the vicinity of the
proposed medical laboratory;
(7) The hours of the operation for the proposed
medical laboratory.
b. General Prohibition: Notwithstanding any of the provisions of this subsection B16, under no circumstances shall a
building located within 100 feet of a public school
or active park be permitted to provide parking at a
ratio of less than 1 regular stall size space per 200
square feet of floor area.
The Business Triangle area is defined for purposes
of this code section as: the area bounded by the
centerline of Santa Monica Boulevard North
Roadway, the centerline of Crescent Drive, the
centerline of Wilshire Boulevard west of Beverly
Drive, and the first lot line north of Wilshire
Boulevard for that area east of Beverly Drive.
C. For uses not mentioned, except a use requiring a special use permit, the requirement for off street parking for a use which is so mentioned and to which such use is similar shall apply but shall be not less than one parking space per five hundred (500) square feet of floor area. For uses requiring a special use permit, the requirements for off street parking shall be specified in connection with any special use permit which may be granted.
D. For mixed uses, that is a combination of the uses specified by this section, the total requirements for off street parking shall be the sum of the requirements for the various uses.
E. The determination of the type of use and the requirements for each use, or combination thereof, shall be an administrative function of the planning official, subject to the provisions of this section.
F. The planning commission may authorize the joint use of parking facilities under the following conditions:
1. Up to fifty percent (50%) of the parking facilities of a use considered to be primarily a daytime use may be used to satisfy the parking facilities required by this article for a use considered to be primarily a nighttime use.
2. A covenant as described in section 10-3-2734 of this chapter shall be recorded in the office of the county recorder, which covenant may include such reasonable conditions as the planning commission may impose.
G. Notwithstanding any other provisions regarding parking location and assignment of spaces set forth in this chapter, if an eating and bar facility requires more parking spaces than are provided on-site, the additional parking requirement may be satisfied through the use of off-site parking within seven hundred fifty feet (750') of the use site, provided that at a minimum the required parking spaces are secured through a lease that makes such parking spaces available from six o'clock (6:00 ) P.M. to ten o'clock (10:00) P.M. on weekdays and during operating hours of the eating and bar facility on the weekends. Additionally, on-site parking that is otherwise encumbered may be used to satisfy the required parking for a restaurant use as long as the required parking spaces are secured through a lease that makes such parking spaces available from six o'clock (6:00) P.M. to ten o'clock (10:00) P.M. on weekdays and during operating hours of the eating and bar facility on the weekends.
Attachment 2
Density Bonus Parking Reductions
Summary
DENSITY BONUS PARKING REDUCTION SUMMARY
State density bonus law also provides certain parking reductions that development projects may utilize, a summary of which is provided below. The parking required under density bonus law includes any parking spaces for ADA compliance and guests (i.e., those categories of parking are not cumulatively added to the requirement). Density bonus law also allows an eligible development project to request a waiver of a development standard that would physically preclude the development of a project, which may include parking requirements. In addition, a density bonus development may provide onsite parking with the use of tandem or uncovered parking spaces. All parking calculations that result in a fraction must be rounded up to the next whole number.
SUMMARY OF PARKING RATIOS FOR DENSITY BONUS PROJECTS
Eligibility Maximum Parking Ratio
Any housing development eligible for a
density bonus. § 65915(p)(1)
1 space for each 0-1 bedroom unit
1.5 spaces for each 2-3 bedroom unit
2.5 spaces for each 4+ bedroom unit
Projects located within one-half mile of a
major transit stop (unobstructed access) and
meeting any of the following criteria:
• At least 11 percent of base units set
aside for very low-income
households; or
• At least 20 percent of base units set
aside for lower-income households; or
(§ 65915(p)(2))
0.5 space per unit
Projects located within one-half mile of a
major transit stop (unobstructed access) and
at least 40 percent of base units set aside for
moderate-income households. (§
65915(p)(2))
0.5 space per bedroom
Projects where 100 percent of the units are
set aside affordable (up to 20 percent
moderate, others low) and meeting any of the
following criteria:
• Located with one-half mile of a major
transit stop (unobstructed access); or
• Senior citizen housing development
that has either paratransit service or
unobstructed access, within one-half
mile of a fixed bus route that operates
at least eight times per day; or
• Supportive housing development for
people with disabilities; or
• Special needs housing development
that has either paratransit service or
No off-street parking required.
unobstructed access, within one-half
mile of a fixed bus route that operates
at least eight times per day. (§
65915(p)(3).)
Source: Association of Bay Area Governments, Technical Assistance for Local Planning Attachment 3
Preferential Parking Program Guidelines
and Map
GUIDELINES FOR
PREFERENTIAL PARKING PERMITS
Applicants must meet the following qualifications:
• Must be a resident of Beverly Hills residing on a
preferential permit parking street.
If you qualify, you may apply for an annual Preferential Parking Permit by submitting the following:
• A current Drivers License or photo ID
• Proof of residency, any one of the following:
1. A current electric, gas, or water bill
2. Current lease
3. Owner’s tax bill
4. Closing escrow with signatures or deed of trust
Please be aware of the following:
• A maximum of three (3) parking permits are issued and are intended for the personal use of qualified residents and their guests.
• Residents in preferential parking zones must purchase all three (3) preferential parking permits to be eligible to receive free guest parking exemptions.
• A resident’s guest may use the permit for the purpose of parking on the street adjacent to the dwelling unit of
the resident while visiting with or working for the
resident at the resident’s dwelling unit.
• It is a violation of the Code to sell, rent or lease
permits to any other individual.
• Permits are not transferable between zones and may be used only in designated preferential permit parking areas adjacent to the dwelling unit of the resident.
• There will be a City of Beverly Hills charge for any
check returned by the bank for any reason.
• No refunds are given for Preferential Parking Permits. • All permits are issued on a fiscal year basis and expire on September 30th.
• If you move during the permit year, please provide a new proof of residency.
• A complete copy of the Beverly Hills Municipal Code
regarding Preferential Permit Parking (7-3.201 to
7-3.214) may be accessed online at www.beverlyhills.org.
N
W E
S
Zone "OO" Zone "O"
Zone "BU"
AD
BN
LL
CHARLEVILLE BLVD.
ALTA DR.
ARDEN DR.
HILLCREST DR.
PALM DR.
MAPLE DR.
ELM DR.
FOOTHILL RD.
ALPINE DR.
REXFORD DR.
CRESCENT DR.
CANON DR.
BEVERLY DR.
RODEO DR.
CAMDEN DR.
BEDFORD DR.
ROXBURY DR.
LINDEN DR.
WALDEN DR.
CARMELITA DR.
TRENTON DR.
WHITTIER DR.
WILSHIRE BLVD. 9800 9700 9600 9500 9400 9300 9200 9100 9000 8900 8800 8700
8600
8500
8400
8300
WILSHIRE BLVD.
SANTA MONICA BLVD. (NORTH)
SANTA MONICA BLVD. (NORTH)
SANTA MONICA BLVD. (SOUTH)
BURTON WAY
BURTON WAY
CIVIC CENTER DR.
C VI CI
CENTER DR.
THIRD ST.
ALDEN DR.
BEVERLY BLVD.
DAYTON WAY
CLIFTON WAY CLIFTON WAY
CITY OF LOS ANGELES
CITY OF BEVERLY HILLS
ALPINE DR.
FOOTHILL RD. FOOTHILL RD.
ELM DR.
MAPLE DR.
PALM DR.
OAKHURST DR.
MAPLE DR.
PALM DR.
OAKHURST DR.
PALM DR.
OAKHURST DR.
DOHENY DR.
WETHERLY DR.
ALMONT DR.
LAPEER DR.
SWALL DR.
CLARK DR.
ROBERTSON BLVD.
ELM DR.
MAPLE DR.
PALM DR.
OAKHURST DR.
DOHENY DR.
WETHERLY DR.
ALMONT DR.
LAPEER DR.
SWALL DR.
CLARK DR.
LA CIENEGA BLVD.
TENNIS COURTS
REXFORD DR.
300 N 300 N 400 N
400 N
COMMERCIAL
CENTER ST.
SANTA MONICA
CARMELITA
SIERRA DR.
OAKHURST DR.
DOHENY DR.
ELEVADO
300 N 100 N 100 S 200 N 200 S 300 S 400 S
CITY OF LOS ANGELES
CITY OF BEVERLY HILLS
GREGORY WAY
LA CIENEGA BLVD.
HAMILTON DR.
GALE DR.
TOWER DR.
GREGORY WAY
CHARLEVILLE BLVD.
OLYMPIC BLVD. OLYMPIC BLVD.
ROXBURY PARK
SPALDING DR.
SHIRLEY PL. LASKY DR.
YOUNG DR.
ROBBINS DR.
SANTA MONICA BLVD. (NORTH)
SANTA MONICA BLVD. (SOUTH)
DURANT DR.
SPALDING DR.
REXFORD DR.
CRESCENT DR.
AH
CANON DR.
BEVERLY DR.
RODEO DR.
CAMDEN DR.
DAYTON WAY
BRIGHTON WAY
ARNAZ DR.
HAMEL DR.
WILLAMAN DR.
CARSON RD.
STANLEY DR.
LE DOUX RD.
ARNAZ DR.
HAMEL DR.
WILLAMAN DR.
CARSON RD.
STANLEY DR.
LE DOUX RD.
ROBERSTON BLVD.
CANON DR.
CRESCENT DR.
BEVERLY DR.
BEVERLY DR.
BEVERWIL DR. SMITHWOOD
EL CAMINO DR.
ELM DR.
MAPLE DR.
PALM DR.
DOHENY DR.
WETHERLY DR.
ALMONT DR.
LAPEER DR.
SWALL DR.
CLARK DR.
REXFORD DR.
CRESCENT DR.
CANON DR.
EL CAMINO DR.
ROXBURY DR.
BEDFORD DR.
PECK DR.
CAMDEN DR.
RODEO DR.
REEVES DR. REEVES DR.
VIRGINIA PL.
MORENO DR.
PARK WAY
BEVERLY GARDENS PARK
POLICE
DEPT
LIBRARY
CITY
HALL
FIRE
DEPT
100 N 200 S
CLIFTON WAY
300 S 400 S
100 S
WHITWORTH DR.
CITY OF LOS ANGELES
PREFERENTIAL PARKING PERMIT ZONES
CITY OF BEVERLY HILLS
TRANSPORTATION BUREAU
PREFERENTIAL PARKING PERMIT MAP
REVISED
01/2024
D
F P Y
TT
T
BEVERLY GREEN DR.
BEVERLY HILLS
HIGH SCHOOL
M
M
J
W
HILLGREEN DR.
N
HILLGREEN PL.
AN BL AQ
AW
AJ
AZ
BN
AB
AF
FF
A A GG Z AC X
V
U
L WW I
LA CIENEGA
PARK
S
100 N
200 N
300 N
400 N
POST
OFFICE
COURTHOUSE POST
OFFICE
COMMERCIAL
ZONE
AH
AG
425
YY
SIERRA DR.
ALTA DR.
SIERRA PL.
SUNSET
DOHENY RD.
BLVD.
600 N 700 N 800 N
BLVD.
ALTA DR.
AVE.
AVE.
CYNTHIA ST.
PHYLLIS ST. JJ
O
ELEVADO AVE.
B
AV
R
500 N
600 N
5 BHUSD SCHOOLS
Beverly Hills High
Beverly Vista
El Rodeo
Hawthorne
5 Horace Mann
4 3
2 1
3 1
2 4
HAWTHORNE
SCHOOL
EE
K K
BG
BR
OLYMPIC BLVD.
DEPT. OF
PUBLIC WORKS
B
C
GREGORY WAY
CAMDEN DR.
RODEO DR.
BEDFORD DR.
PECK DR.
200 S
LINDEN DR.
McCARTY DR.
ROXBURY DR.
H
K
255
219
RR
MM AY AY AR
200 S 100 S
XX
AA AA AA AA AA
CC C
C C CCC C C
C C C Q
Q Q Q Q
Q Q Q ZZ
G
G
G
G
G G G
G
DD DD BB BB BB
UU UU
UU
GG
QQ
QQ
E
E
E
LL
EE AB
136 137
AE
AE
AF AF
125 124
120 121
129 128
140
141
132
133
AI
AI
340
TENNIS
CLUB
AI
AI
AI
AI
AI AI
A D
C
DAYTON WAY AK AK AK
AM
AP
AW
AL
AZ
AZ AZ
CC
BKBK BKBK AOAO
BL
BN
BN
BR
HEATH AVE.
SPALDING DR.
500 N
O
SUNSET BLVD.
O
O
AA
WHITWORTH DR.
A D A D
A D
ARDEN DR.
O O 600 N
700 N O
O
OAKHURST DR.
PALM
PALM DR.
MAPLE DR.
HILLCREST DR.
CITY OF LOS ANGELES
BT BEDFORD DR.
ROXBURY DR.
CAMDEN DR.
LOMITAS
AVE.
SUNSET BLVD.
BT
UU
This map is for informational purposes. The City of Beverly Hills makes no representations or warranties of any kind with respect to the accuracy of the information or data furnished herein. Visit www.beverlyhills.org or contact (310) 285-1000 for the latest information.
Attachment 4
AB 2712 Bill Summary and Analysis
CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION
ASSEMBLY BILL
NO. 2712
Introduced by Assembly Member Friedman
February 14, 2024
An act to amend Section 65863.2 of the Government Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
AB 2712, as introduced, Friedman. Automobile parking requirements: development projects.
The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for its physical development, and the development of certain lands outside its boundaries, that includes, among other mandatory elements, a land use element. Existing law prohibits a public agency from imposing any minimum automobile parking requirement on any residential, commercial, or other development project that is located within 1/2 mile of public transit, as defined, unless the public agency makes written findings, within 30 days of the receipt of a completed application, that not imposing or enforcing minimum automobile parking requirements on the development would have a substantially negative impact on, among other things, the city’s, county’s, or city and county’s ability to meet its share of the regional housing need for low- and very low income households.
This bill would instead provide a public agency with 60 days from the receipt of a completed application to make those written findings.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill Text
THE PEOPLE OF THE STATE OF CALIFORNIA DO
ENACT AS FOLLOWS:
SECTION 1.
Section 65863.2 of the Government Code is amended to read:
65863.2.
(a) A public agency shall not impose or enforce any minimum automobile parking requirement on a residential, commercial, or other development project if the project is located within one-half mile of public transit.
(b) Notwithstanding subdivision (a), a city, county, or city and county may impose or enforce minimum automobile parking requirements on a project that is located within one-half mile of public transit if the public agency makes written findings, within 30 60 days of the receipt of a completed application, that not imposing or enforcing minimum automobile parking requirements on the development would have a substantially negative impact, supported by a preponderance of the evidence in the record, on any of the following:
(1) The city’s, county’s, or city and county’s ability to meet its share of the regional housing need in accordance with Section 65584 for low- and very low income households. (2) The city’s, county’s, or city and county’s ability to meet any special housing needs for the elderly or persons with disabilities identified in the analysis required pursuant to paragraph (7) of subdivision (a) of Section 65583.
(3) Existing residential or commercial parking within one-half mile of the housing development project.
(c) For a housing development project, subdivision (b) shall not apply if the housing development project satisfies any of the following:
(1) The development dedicates a minimum of 20 percent of the total number of housing units to very low, low-, or moderate-income households, students, the elderly, or persons with disabilities.
(2) The development contains fewer than 20 housing units. (3) The development is subject to parking reductions based on the provisions of any other applicable law.
(d) Notwithstanding subdivision (a), an event center shall provide parking, as required by local ordinance, for employees and other workers.
(e) For purposes of this section:
(1) “Housing development project” means a housing development project as defined in paragraph (2) of subdivision (h) of Section 65589.5.
(2) “Low- and very low income households” means the same as “lower income households” as defined in Section 50079.5 of the Health and Safety Code. (3) “Moderate-income households” means the same as “persons and families of moderate income,” as defined in Section 50093 of the Health and Safety Code. (4) “Public agency” means the state or any state agency, board, or commission, any city, county, city and county, including charter cities, or special district, or any agency, board, or commission of the city, county, city and county, special district, joint powers authority, or other political subdivision.
(5) “Public transit” means a major transit stop as defined in Section 21155 of the Public Resources Code.
(6) “Project” does not include a project where any portion is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging, except where a portion of a housing development project is designated for use as a residential hotel, as defined in Section 50519 of the Health and Safety Code.
(f) This section shall not reduce, eliminate, or preclude the enforcement of any requirement imposed on a new multifamily residential or nonresidential development that is located within one-half mile of public transit to provide electric vehicle supply equipment installed parking spaces or parking spaces that are accessible to persons with disabilities that would have otherwise applied to the development if this section did not apply.
(g) When a project provides parking voluntarily, a public agency may impose requirements on that voluntary parking to require spaces for car share vehicles, require spaces to be shared with the public, or require parking owners to charge for parking. A public agency may not require that voluntarily provided parking is provided to residents free of charge.
(h) (1) Subdivision (a) shall not apply to commercial parking requirements if it conflicts with an existing contractual agreement of the public agency that was executed before January 1, 2023, provided that all of the required commercial parking is shared with the public. This subdivision shall apply to an existing contractual agreement that is amended after January 1, 2023, provided that the amendments do not increase commercial parking requirements.
(2) A project may voluntarily build additional parking that is not shared with the public. (i) The Legislature finds and declares that the imposition of mandatory parking minimums can increase the cost of housing, limit the number of available units, lead to an oversupply of parking spaces, and increased greenhouse gas emissions. Therefore, this section shall be interpreted in favor of the prohibition of the imposition of mandatory parking minimums as outlined in this section.
SENATE COMMITTEE ON HOUSING
Senator Nancy Skinner, Chair
2023 - 2024 Regular
Bill No: AB 2712 Hearing Date: 7/2/2024
Author: Friedman
Version: 6/24/2024 Amended
Urgency: No Fiscal: No
Consultant: Hank Brady
SUBJECT: Preferential parking privileges: transit-oriented development.
DIGEST: This bill prohibits the City of Los Angeles (City) from granting preferential parking permits to residents of new developments that are exempt from providing minimum on-site parking requirements.
ANALYSIS:
Existing law:
1) Allows a city or a county to “make and enforce within its limits, all local, police, sanitary and other ordinances and regulations not in conflict with general laws.” It is from this fundamental power (commonly called the police power) that cities and counties derive their authority to regulate behavior to preserve the health, safety, and welfare of the public, including land use authority.
2) Requires each city or county to adopt a general plan for the physical development of the city or county and authorizes the adoption and administration of zoning laws, ordinances, rules, and regulations by cities and counties.
3) Establishes, pursuant to AB 2097 (Friedman, Chapter 459, Statutes of 2022) that a public agency shall not impose minimum automobile parking requirement on a residential, commercial, or other development project if the project is located within one-half mile of public transit.
This bill:
1) Defines “development project” as a residential development containing more than 20 units, a commercial development, or other development project exempt from minimum automobile parking requirements, as specified, or subject to AB 2712 (Friedman) Page 2 of 5
parking minimum reductions based on any applicable law, that is located within the boundaries of the City.
2) Prohibits the City from issuing preferential parking permits to tenants of a development project, except tenants that are residents of deed-restricted affordable units, as specified.
3) Requires the City to exclude development projects located within one-half mile of a major transit stop from the boundaries of a preferential parking area.
COMMENTS:
1) Author’s Statement. “AB 2712 builds upon the successful groundwork laid by AB 2097. It refines parking policy further by diffusing opposition to development – including housing – over concerns of crowded street parking in areas affected by AB 2097’s changes. Specifically, the bill will exclude developments above a certain size with a less-than-normally-required number of parking spaces from the boundaries of Los Angeles preferential parking districts unless “the issuance of the permit does not cause overcrowding in the preferential parking area for existing residents.” By addressing concerns about removing parking minimums and generally increasing support for low-income housing development in Los Angeles, AB 2712 pioneers a new tool to fostering inclusive and resilient communities.”
2) Local authority to establish parking regulations. The California Constitution provides cities and counties the authority to regulate behavior to preserve the health, safety, and welfare of the public. This provision, (commonly called the police power) gives cities and counties broad authority to regulate land use and other matters, provided that the local policy is “not in conflict with general laws.”
Cities and counties use their police power to enact zoning ordinances that shape development, such as setting maximum heights and densities for housing units, setbacks to preserve privacy, lot coverage ratios to increase open space, and others. Through this authority, cities and counties also establish minimum numbers of required vehicle parking spaces for nonresidential and residential buildings.
3) Local parking regulations and preferential parking. Cities and counties generally establish requirements for a minimum amount of parking that developers must provide for a given facility or use, known as parking minimums or parking ratios. Local governments commonly index parking minimums to conditions related to the building or facility with which they are AB 2712 (Friedman) Page 3 of 5
associated. For example, shopping centers may have parking requirements linked to total floor space, restaurant parking requirements may be linked to the total number of seats, and hotels may have parking spaces linked to the number of beds or rooms.
Cities and counties also have broad ability to impose parking restrictions in their jurisdictions. The Vehicle Code allows a city or county to adopt an ordinance or resolution that prohibits or restricts stopping, parking, or standing of vehicles on local streets and highways. The ordinance or resolution can include a designation of certain streets where preferential parking privileges are given to residents and merchants via issuance of a permit that exempts them from the parking limitations or prohibitions. A city or county can also grant preferential parking permits for members of organizations, professions, or other designated groups to park if it determines use of the permits will not adversely affect parking conditions for residents and merchants in the area. 4) Eliminating local parking requirements. There is a significant body of academic research regarding the potential impact minimum parking ratios have on car ownership, vehicle miles traveled (VMT), use of public transit, and transportation trends generally. However, while significant research exists, the impacts of parking ratios on VMT and car ownership are difficult to quantify due to the potential for residents to self-select and move to developments based on their existing circumstances or preferences. For example, a person that cannot afford, or wishes to forego, car ownership may choose to live in a development that does not include parking and is adjacent to transit.
Conversely, an individual with little interest in transit may choose a development with ample parking spaces. This reality has made it difficult to prove whether increased parking standards induce more driving.
In a recent journal article, What do Residential Lotteries Show us About Transportation Choices, researchers from the University of California found that data from affordable housing lotteries in San Francisco provided a unique setting that effectively randomized housing assignments for housing lottery applicants. The research found that lottery applicants applied indiscriminately for available affordable units without respect to attributes such as the amount of off-street parking available for any particular unit. This created a setting that allowed researchers to analyze whether individuals essentially “assigned” a home with more or less parking influenced their propensity for car ownership and their driving frequency.
The study found “that a building’s parking ratio not only influences car ownership, vehicle travel and public transport use, but has a stronger effect than public transport accessibility. Buildings with at least one parking space per unit AB 2712 (Friedman) Page 4 of 5
(as required by zoning codes in most US cities, and in San Francisco until circa 2010) have more than twice the car ownership rate of buildings that have no parking.” Specifically, the study found, “In buildings with no on-site parking, only 38 percent of households own a car. In buildings with at least one parking space per unit, more than 81 percent of households own automobiles.” 5) No parking! AB 2097 prohibited local governments from requiring minimum levels of on-site parking for new developments located near transit stops.
However, nothing in AB 2097 prevented local governments from issuing preferential parking permits (typically street parking permits) to tenants of these developments that are not subject to on-site parking requirements. While eliminating on-site parking requirements can disincentivize car ownership, providing preferential street parking can water down this effect. This bill limits the ability of the City to provide preferential parking permits to developments that are exempt from local on-site parking requirements pursuant to AB 2097. 6) Opposition. The Friends of Historic Miracle Mile and several other neighborhood associations raise concerns that the bill was amended in the Assembly to allow the City to issue parking permits to developments with less than 20 units and to issue parking permits to residents of deed-restricted units.
Among other issues they are concerned that allowing the City to continue to issue some preferential parking permits will negatively impact existing residents that park on the street.
7) Incoming! This bill was heard in the Senate Local Government Committee on June 11, 2024 and received a vote of 4-2.
RELATED LEGISLATION:
AB 894 (Friedman, Chapter 749, Statutes of 2023) — required local agencies to allow developments to count underutilized and shared parking spaces toward a parking requirement imposed by the agency, under specified conditions.
AB 2097 (Friedman, Chapter 459, Statutes of 2022) — prohibited public agencies from imposing minimum automobile parking requirements on specified residential, commercial and other developments located within one-half mile of public transit.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No POSITIONS: (Communicated to the committee before noon on Wednesday, June 26, 2024.)
AB 2712 (Friedman) Page 5 of 5
SUPPORT:
Planning and Conservation League
Westwood South of Santa Monica Blvd. Homeowners Association OPPOSITION:
Beverly Grove Residents Association
Beverly Wilshire Homes Association
Carthay Circle Neighborhood Association
Friends of Historic Miracle Mile
Larchmont United
Miracle Mile Action
Miracle Mile Residential Association
Park LA Brea Impacted Residents Group
Save Beverly Fairfax
South Carthay Neighborhood Association
1 Individual
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