B0785-0001\3071910v1.doc
AGENDA REPORT
Meeting Date: February 5, 2025
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 §10-3-2745 TO MODIFY
MAXIMUM ALLOWABLE FLOOR AREA RATIO LIMITATION FOR
CERTAIN BUILDINGS LOCATED IN C-3 COMMERCIAL ZONES
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 §10-3-2745 TO MODIFY MAXIMUM
ALLOWABLE FLOOR AREA RATIO LIMITATION FOR CERTAIN BUILDINGS LOCATED IN C-3 COMMERCIAL ZONES”.
BACKGROUND
At its meeting of January 28, 2025, the City Council conducted a first reading and introduced this ordinance. At that meeting, the Council made some minor nonsubstantial edits to the ordinance. These minor changes have been incorporated into the ordinance being presented to the City Council for adoption.
DISCUSSION
This ordinance amends Beverly Hills Municipal Code §10-3-2745 to modify maximum allowable floor area ratio limitation for certain buildings located in C-3 commercial zones.
ENVIRONMENTAL ASSESSMENT
This project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA, Public Resources Code Sections Meeting Date: February 5, 2025
B0785-0001\3071910v1.doc
21000 et seq.), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.), and the environmental regulations of the City. An Initial Study and Negative Declaration was prepared to evaluate the potential environmental effects that could result from the construction and operation of the Project. The analysis concluded that the project would not result in any significant environmental impacts and that no mitigation is necessary. Upon review, the Planning Commission adopted the Initial Study and Negative Declaration for the Project. The City Council adopted the Initial Study/Negative Declaration as part of its approval of the related General Plan Amendment for the Project, and concluded that the Project would not result in any significant environmental impacts and that no mitigation is necessary.
FISCAL IMPACT
The adoption of the ordinance will allow for the conversion of existing ground floor parking spaces within an existing parking garage for certain buildings located within the City’s C-3 Zone. The introduction of ground floor retail spaces within an existing parking garage would enhance pedestrian activity on North Roxbury Drive and could generate sales tax revenue from the retail uses, resulting in an overall increase in tax revenue.
Therefore, the draft ordinance may result in an overall positive fiscal impact to the city.
Laurence S. Wiener
City Attorney
Approved By
Attachment 1
B0785-0009\2548432v2.doc
ORDINANCE NO. 25-O_______
AN ORDINANCE OF THE CITY OF BEVERLY HILLS
AMENDING BEVERLY HILLS MUNICIPAL CODE §10-3-2745
TO MODIFY MAXIMUM ALLOWABLE FLOOR AREA RATIO
LIMITATION FOR CERTAIN BUILDINGS LOCATED IN C-3
COMMERCIAL ZONES
THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY ORDAINS AS FOLLOWS:
Section 1. On November 14, 2024, the Planning Commission held a duly noticed public hearing after which it adopted Resolution No. 2075, recommending that the City Council amend a portion of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code to amend the maximum allowable floor area ratio (FAR) limitation for certain buildings located in the C-3 Commercial zones to allow properties within the Business Triangle to increase the maximum floor area ratio (FAR) as a result of the conversion of the ground level of an existing parking structure abutting a public street to retail business(es), subject to the approval of a Development Plan Review and amend the City’s General Plan Land Use Map accordingly to note the change in permissible density for certain buildings (collectively, the “Amendments”). On January 28, 2025, the City Council held a duly noticed public hearing, received public testimony, and thereafter introduced this Ordinance.
Section 2. This Ordinance and the Amendments, in conjunction with the proposed project located at 450 North Roxbury Drive (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 the conversion of 6,797 square-feet (SF) of existing parking spaces located on the ground B0785-0009\2548432v2.doc
floor of an existing parking structure at 450 North Roxbury Drive to retail uses. The Project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.), and the environmental regulations of the City. An Initial Study/Negative Declaration has been prepared to evaluate the potential environmental effects that could result from the construction and operation of the Project. The City Council adopted the Initial Study/Negative Declaration as part of its approval of the related General Plan Amendment for the Project, and concluded that the Project would not result in any significant environmental impacts and that no mitigation is necessary.
Section 3. The Amendments are consistent with the objectives, principles, and standards of the General Plan. The proposed Amendments further the goals and policies set forth in the General Plan for commercial uses located throughout the City. Specifically, they support the General Plan’s goals and policies outlined in the Land Use Element and the Open Space Element to maintain and enhance the character of the City’s business districts, exhibit a high level of site planning and design, promote pedestrian-active streets, accommodate diverse uses for customers that also support the needs of local residents, support and retain high-quality businesses, and ensure compliance with the City’s sustainability goals.
Section 4. The City Council hereby amends §10-3-2745 of Article 27 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code to read as follows:
A. Except as may be expressly provided in this chapter, the maximum floor area ratio on any site area shall not exceed 2.0. For the purposes of this section, "site area" shall B0785-0009\2548432v2.doc
include only those portions of the site which are in a nonresidential zone, including the C-5 zone.
B. Notwithstanding subsection A, the maximum floor area ratio on a site located within the Business Triangle, as defined in Section 10-3-2703, may be increased as a result of the conversion of the ground level of an existing parking structure abutting a public street to retail business(es), as defined in Section 10-3-100, up to a depth of 70’-0” from the front property line, subject to approval of a Development Plan Review pursuant to Section 10-3-3100. The additional floor area for the conversion shall not exceed 10% of the maximum allowable floor area for the site, regardless of the existing building square footage.
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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B0785-0009\2548432v2.doc
Section 7. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.
Adopted:
Effective:
LESTER J. FRIEDMAN
Mayor of the City of
Beverly Hills, California
ATTEST:
_______________________________(SEAL)
HUMA AHMED
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
LAURENCE S. WIENER
City Attorney
NANCY HUNT-COFFEY
City Manager
MICHAEL FORBES, AICP
Director of Community Development