Article 18.2 — COMMERCIAL RETAIL PLANNED DEVELOPMENT OVERLAY ZONE (C-R-PD)

There is hereby created an overlay zone designated as the commercial retail planned development overlay zone (C-RPD). (Ord. 91-O-2127, eff. 11-8-1991)

For the purposes of article 18.4 of this chapter regarding planned development, the objectives of the C-R-PD zone shall be as follows:

A. To provide additional opportunities to locate quality retail department stores that would not otherwise be encouraged by the underlying zone in order to maintain and strengthen the economic base of the city;

• B. To foster well planned retail activity in the city's major shopping areas consistent with the stability and quality of adjacent residential neighborhoods;

C. To facilitate and encourage pedestrian circulation and reduce vehicular traffic between department store areas and the city's business triangle through enhancements to roadways and the streetscape and other techniques;

D. To ensure that development in the C-R-PD zone is integrated with the neighboring residential uses through consideration of such features as facade modulation, setbacks, open space, design, use of materials and colors, landscaping, location of driveways, ease of parking and other means;

E. To protect the health, safety, and welfare of residents, businesses and visitors of the C-R-PD zone and surrounding areas;

• F. To foster development in the C-R-PD zone that is environmentally sensitive;

• G. To encourage, through planned development, the prudent use of scarce natural and physical resources;

H. To ensure that development, which includes floor area in excess of the density or other zoning limitations of an underlying zone, shall not be a right of the property owner, but instead shall be permitted only upon a determination that such development would meet the objectives set forth in this section;

I. To ensure that development in the C-R-PD zone will not materially and adversely affect the privacy of dwellings adjacent to the C-R-PD zone. (Ord. 91-O-2127, eff. 11-8-1991; amd. Ord. 92-O-2150, eff. 9-11-1992)

Unless the context otherwise requires, the following definitions shall govern the construction of this article: CONVENIENCE SERVICES: Those services primarily for the convenience of the patrons of a retail department store, such as beauty salons and restaurants, that are customarily provided in a retail department store in the city of Beverly

Hills and similar service oriented activities.

OVERLAY ZONE: A zoning district which governs the same territory as an underlying zone, but provides alternative development standards for a specified type of development or use.

PLANNED DEVELOPMENT: A development that is approved pursuant to the procedures of article 18.4 of this chapter.

RETAIL DEPARTMENT STORE: A single business establishment of the highest quality which sells several lines of tangible commodities directly to consumers and is organized in separate departments. Retail department store shall not include "discount stores", "warehouse stores" or "factory outlet stores" as those terms are customarily used or other stores of a similar kind. The kind of stores specifically excluded herein from the definition of "retail department store" shall not be considered as an exclusive listing of the stores that are not retail department stores for the purposes of this article.

UNDERLYING ZONE: The primary zone designation which would govern development on a particular site if such development were not otherwise governed by an overlay zone. (Ord. 91-O-2127, eff. 11-8-1991)

Except as otherwise provided or restricted by this article, no lot, premises, building or portion thereof in the C-R-PD 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. Retail department stores and ancillary uses approved by the planning commission as part of a planned development pursuant to article 18.4 of this chapter. Retail department stores may include convenience service uses that are accessory to a retail department store.

C. Convenience service uses, provided that any change from convenience service uses approved as part of a planned development pursuant to article 18.4 of this chapter shall be permitted only with the prior approval of the director of planning and community development. (Ord. 91-O-2127, eff. 11-8-1991)

Except as otherwise specifically provided in this article for retail department stores and ancillary uses, development in a C-R-PD zone shall comply with the zoning regulations applicable to the underlying zone. (Ord. 91-O-2127, eff. 118-1991)

No retail department store shall be constructed, altered, or enlarged in the C-R-PD zone except in accordance with the following height restrictions:

A. Stories: No retail department store shall exceed five (5) stories, measured as set forth in the definition of "story" in section 10-3-100 of this chapter.

B. Height: No retail department store shall exceed a height of eighty five feet (85') when located within a commercial underlying zone.

C. Unoccupied Architectural Features: Notwithstanding subsection A7 of the definition of "height of building" in section 10-3-100 of this chapter, unoccupied architectural features may exceed the height limits of this section by not more than fifteen feet (15') in height if such unoccupied architectural features are approved by the planning commission as part of a planned development pursuant to article 18.4 of this chapter.

D. Vertical Circulation Spaces: Vertical circulation spaces such as stair shafts, elevator shafts, or escalators shall not be subject to the five-story limitation set forth in subsection A of this section if such vertical circulation spaces are approved by the planning commission as part of a planned development pursuant to article 18.4 of this chapter. Nothing in this subsection shall be interpreted to exempt such vertical circulation spaces from the height limit set forth in subsection B of this section. (Ord. 91-O-2127, eff. 11-8-1991; amd. Ord. 93-O-2183, eff. 12-3-1993)

Retail department stores located in the C-R-PD zone shall have a floor area ratio no greater than five to one (5:1). For the purposes of this section, "floor area ratio" shall mean the ratio of floor area to that portion of the site area located in a C-R-PD zone.

However, within the C-R-PD zone, the planning commission shall not permit more than one hundred thirty four thousand six hundred (134,600) square feet of retail department store floor area to be developed in excess of the density limits of the underlying commercial zone. Furthermore, the planning commission shall not permit any retail department store floor area to be developed in excess of the density limits of the underlying commercial zone if, after development of the retail department store, floor area devoted to other purposes would exceed a floor area ratio of two to one (2:1). For the purposes of this section, a retail department store loading area in excess of six thousand (6,000) square feet shall be considered retail department store floor area.

In order to implement the density restrictions contained in this section, the planning commission shall not approve any retail department store development if such development, combined with existing development and unexpired planned development approvals, shall cause the retail department store floor area of the C-R-PD zone to exceed the density limits of the underlying commercial zone by more than one hundred thirty four thousand six hundred (134,600) square feet.

In addition, if the permitted retail department store floor area of existing development and unexpired planned development approvals in the C-R-PD zone exceeds the density limits of the underlying commercial zone by more than one hundred thirty four thousand six hundred (134,600) square feet, then no further applications for retail department store planned development approval shall be accepted. (Ord. 91-O-2127, eff. 11-8-1991; amd. Ord. 92-O2150, eff. 9-11-1992)

Convenience service activities may be permitted on any floor except the ground floor. However, the total floor area occupied by convenience services shall not exceed twenty five percent (25%) of the floor area of the building. Furthermore, signage for convenience service activities shall be restricted to areas within the retail department store. (Ord. 91-O-2127, eff. 11-8-1991)

Except as otherwise provided in this section, parking for retail department stores and ancillary facilities located in the C-R-PD zone shall be provided in accordance with sections 10-3-2727 through 10-3-2736 inclusive of this chapter. A. Notwithstanding section 10-3-2730 of this chapter, as part of a planned development application pursuant to article 18.4 of this chapter, the planning commission may establish the minimum number of parking spaces required to serve a retail department store or convenience service use. The planning commission shall not establish a minimum number of parking spaces that alters the number of parking spaces otherwise required by this code by more than ten

percent (10%). In addition, the planning commission may permit up to twenty percent (20%) of the required parking spaces to be provided as compact or tandem spaces.

B. As part of a planned development application pursuant to article 18.4, the planning commission may require up to one hundred additional parking spaces to be provided to serve legally nonconforming commercial structures which are altered or expanded pursuant to this article.

C. All parking that is required by this article shall conform to a parking program approved by the planning commission as part of a planned development approval pursuant to article 18.4 of this chapter. The parking program shall include monitoring programs and may include measures such as: 1) free parking for employees, and 2) free validated self and valet parking for patrons, as necessary to minimize the parking and circulation impacts of the project on the surrounding streets and to ensure that vehicle queuing will not occur in the public right of way nor impede access to a parking facility. The monitoring program shall be implemented by the applicant at its expense. In addition, the monitoring program shall provide the city with continuing jurisdiction to require the implementation of additional measures by the applicant to ensure that vehicles will not impede traffic in the public right of way.

D. Any department store developed pursuant to the provisions of this article shall provide a valet queuing area of sufficient size and configuration to ensure that vehicle queuing will not occur in the public right of way nor impede access to a parking facility.

E. Any retail department store or ancillary use shall be designed to prevent vehicular traffic generated by such development from using any alley located immediately adjacent to an R-4X2 zone.

F. Parking required pursuant to this article for any retail department store shall be located on or adjacent to the site area of such store unless otherwise approved by the planning commission as part of a planned development pursuant to article 18.4 of this chapter. If approved, the facility containing such parking shall be located no more than seventy five feet (75') from the retail department store site area.

G. Notwithstanding section 10-3-2734 of this chapter, parking shall not be provided on a separate lot from the use which it serves, except as provided in this section.

H. Notwithstanding any other provision of this code regarding parking for restaurant uses, the amount of parking required per square foot for restaurants that are convenience service activities shall be equivalent to the amount of parking required per square foot for retail department stores. (Ord. 91-O-2127, eff. 11-8-1991)

Retail department stores and ancillary facilities in the C-R-PD zone shall maintain the following setback distances. A. Any ancillary parking facility that is constructed or enlarged in an underlying residential zone shall maintain a minimum fifteen foot (15') setback along all public streets unless a lesser setback is approved by the planning commission as part of a planned development pursuant to article 18.4 of this chapter.

B. Loading facilities shall be set back not less than one hundred eighty feet (180') from an R-4X2 zone and shall maintain a minimum fifteen foot (15') setback along any public street unless lesser setbacks are approved by the planning commission as part of a planned development pursuant to article 18.4 of this chapter. (Ord. 91-O-2127, eff. 11-8-1991)

In addition to the setback requirements contained in section 10-3-1830 of this article, loading facilities shall be governed by the following provisions:

A. Notwithstanding any other provision of this code, the number and size of required loading spaces for a retail department store that is located in the C-R-PD zone may be established by the planning commission as part of a

planned development approval pursuant to article 18.4 of this chapter.

B. Loading facilities located in the C-R-PD zone shall be fully enclosed unless otherwise approved by the planning commission as part of a planned development approval pursuant to article 18.4 of this chapter. All loading and unloading operations shall take place within the enclosed loading facility and the facility shall have subsurface access to all retail stores served by the loading facility unless otherwise approved by the planning commission as part of a planned development approval pursuant to article 18.4 of this chapter. (Ord. 91-O-2127, eff. 11-8-1991)

Notwithstanding any other transition requirements between residential and nonresidential zones, the transition requirements of section 10-3-1537 of this chapter shall govern the transition requirements between nonresidential uses located in the C-R-PD zone and residential uses. (Ord. 91-O-2127, eff. 11-8-1991)

No new building shall be constructed in the C-R-PD zone unless the construction of such new building complies with the following requirements:

A. A licensed geologist provided by the owner and directed by the city shall determine whether any transverse geologic fault is present on the site where the new building is proposed. Such determination shall be made by one or both of the following methods:

1. Observation and evaluation of one east-west and one north- south trench to be temporarily constructed in conformance with the standards specified by the California division of mines and geology; and/or

2. Observation of site excavation work combined with an evaluation of soil samples from not less than three (3) drill locations.

Should a fault be identified, then a report of the geologist shall specify appropriate mitigation measures to be implemented with the approval of the department of building and safety.

B. Foundations shall be placed below a depth of thirty feet (30'), unless an alternate foundation design which will provide equivalent protection against liquefaction impacts is approved by the department of building and safety.

C. In the event that excavation, other than that required for geotechnical testing pursuant to subsection A of this section, is necessary for the construction of a project, the excavation design shall provide for support of the vertical slopes of the excavation to minimize lateral movement by a system of soldier piles and lagging or other engineered system designed to minimize lateral movement. (Ord. 92-O-2150, eff. 9-11-1992)

No building or addition to a building shall be constructed in the C-R-PD zone except in conformance with one of the following requirements:

A. The southerly wall or walls of such building or addition shall be constructed without openings that would allow occupants of C-R-PD zone to view adjacent multiple-family developments; or

B. Landscaping shall be provided of sufficient density to screen any openings which would otherwise allow occupants of the C-R-PD zone to view adjacent multiple-family developments; or

C. The structure or addition, or the southerly portion of the project site, shall be designed in a manner that would permit additional site or building improvements to screen the view of adjacent residential development from occupants of the C-R-PD zone. The planning commission, through the planned development process shall require that such

additional improvements be made if, at any time, a property adjacent to the C-R-PD zone is developed with a residential structure. (Ord. 92-O-2150, eff. 9-11-1992)