Beverly Hills Municipal Code Art. 33 In Lieu Parking

A. This article establishes in lieu parking districts that include any commercially zoned property located in the following areas:

1. The area bounded by the centerlines of the following streets: Wilshire Boulevard, Santa Monica Boulevard north roadway, and Crescent Drive,

2. The area consisting of the properties that front on, or have a street side lot line adjacent to South Robertson Boulevard north of Whitworth Drive and south of Wilshire Boulevard,

3. The area consisting of the properties that front on South Santa Monica Boulevard west of Wilshire Boulevard and east of Moreno Drive,

B. Those properties which are zoned for commercial use and which comply with all the requirements of this article may participate in the respective in lieu parking districts and be permitted to satisfy all or part of the requirements for parking spaces by the payment to the city of an in lieu fee. The multiple-family residential-commercial parking zone (RMCP) shall be considered commercially zoned for the purposes of this section. (Ord. 15-O-2676, eff. 6-5-2015)

Except for restaurant uses, which are not subject to property bulk and size limits, in lieu parking may only be approved for properties that comply with the following bulk and size limits:

A. The site areas shall not exceed sixteen thousand (16,000) square feet in size.

B. The floor area ratio to the ground area of any building constructed on the site shall not exceed two to one (2:1).

C. The height of any building on the site area shall not exceed forty five feet (45') in height, measured as set forth in this chapter.

D. No building on the site area that was constructed after June 17, 1976, shall exceed three (3) stories in height. (Ord. 76-O-1608, eff. 6-17-1976; amd. Ord. 77-O-1648, eff. 5-19-1977; Ord. 83-O-1888, eff. 5-5-1983; Ord. 94-O-2206, eff. 8-5-1994; Ord. 97-O-2278, eff. 5-9-1997; Ord. 19-O-2796, 12-10-2019; Ord. 20-O-2798, 1-9-2020; Ord. 20-O-2824, eff. 11-10-2020; Ord. 21-O-2846, eff. 11-12-2021)

Except as otherwise provided in this article, eligibility to participate in the in-lieu parking district shall be restricted to the following uses:

A. General Retail Sales Commercial Activities: General retail sales commercial activities shall include the retail sale or rental from the premises, primarily for personal or household use, of goods and general hardware but exclude the sale or rental of motor vehicles.

B. Convenience Sales And Service Commercial Activities: Convenience sales and service commercial activities shall include the retail sale, from the premises, of drugs and other frequently needed small personal convenience items, such as toiletries, tobacco, and magazines, as well as the provision of personal convenience services which are typically needed frequently or recurrently, such as barber and beauty care, and include shoe shining and laundry or dry cleaning pick up stations.

C. Food Sales And Service Commercial Activities: Food sales and service commercial activities shall include the retail sale, from the premises, of food or beverages for home consumption, as well as the retail sale of prepared food or beverages for on premises consumption, but shall exclude auto oriented short order eating places and eating establishments that do not primarily provide full table service to their customers.

D. Equipment Rental And Leasing Services: Equipment rental and leasing services shall include business equipment, medical equipment, sports equipment, photography equipment, and furniture but shall exclude vehicular, construction, and heavy duty equipment and sanitation units.

E. Museum Uses: Museum uses owned and controlled by nonprofit, tax exempt entities.

F. Historic Places: Adaptive reuse of a building listed on the National Register of Historic Places. (Ord. 76-O-1608, eff. 6-17-1976; amd. Ord. 94-O-2206, eff. 8-5-1994)

Any use of property located within the in-lieu parking district for commercial office use, including, but not limited to, legal, medical, dental, financial, consultative, real estate, insurance, and administrative office purposes or manufacturing, repairs, reservations, banking, savings and loans, travel agencies, financial services, communication services, research, wholesale sales, auto oriented short order eating places, eating establishments that do not primarily provide full table service to their customers, construction sales and service and adult entertainment businesses, shall be specifically excluded from participation in the in-lieu parking district, except as provided in section 10-3-3306 of this article. (Ord. 76-O-1608, eff. 6-17-1976; amd. Ord. 94-O-2206, eff. 8-5-1994; Ord. 98-O-2301, eff. 7-2-1998)

Applications for in-lieu parking exemptions for uses which are not listed as eligible uses in section 10-3-3303 of this article and which are not excluded from the in-lieu parking district in section 10-3-3304 of this article may be approved by the planning commission provided the commission determines that the use for which eligibility is sought is a use that encourages retail trade in the in-lieu parking district and would generate additional retail sales either through the use itself or because the use will attract and serve potential retail sales customers to the in-lieu parking district; that the use is compatible with and will not be detrimental to retail business in the in-lieu parking district; and that the application complies with all the other requirements of this article. (Ord. 76-O-1608, eff. 6-17-1976; amd. Ord. 94-O-2206, eff. 8-5-1994)

A. Persons desiring to combine in an existing structure uses excluded by section 10-3-3304 of this article with uses permitted by section 10-3-3303 or 10-3-3305 of this chapter, may apply to the planning commission for participation in the in lieu parking district.

B. The planning commission, after notice and a hearing as provided in section 10-3-3307 of this chapter, may approve an application for participation in the in lieu parking district where a request has been submitted for combined uses provided that the commission determines that:

1. The entire ground floor of the structure is to be utilized for a use permitted by section 10-3-3303 or 10-3-3305 of this chapter; and

2. The floor area of the structure utilized for a use permitted by section 10-3-3303 or 10-3-3305 of this chapter exceeds that of the floor area of the structure used for the excluded use; and

3. Eligibility for participation in the in lieu parking district is restricted only to the floor area of the structures used as set forth in section 10-3-3303 or 10-3-3305 of this chapter; and

4. The excluded use of the structure is compatible with and will not be detrimental to retail business in the in lieu parking district; and

5. The application complies with all the other requirements of this article. (Ord. 76-O-1608, eff. 6-17-1976; amd. Ord. 83-O-1888, eff. 5-5-1983; Ord. 94-O-2206, eff. 8-5-1994)

Persons desiring to participate in the in lieu parking district established by this article shall submit an application for participation to the director of community development. If the director determines that such application meets the requirements set forth in sections 10-3-3302 through 10-3-3306 of this chapter, then the director shall schedule a hearing on that application before the planning commission, unless the application is solely for a restaurant use, in which case the director shall have the authority to approve the request without conducting a hearing. Noticing of any required hearing shall be completed in accordance with article 2.5 of this chapter and the city's public notice guidelines. Furthermore, if the applicant has concurrently filed other applications which require a hearing before the planning commission, then the hearing regarding the application for participation in the district shall be combined with such other hearing. Similarly, notice of the application for participation in the district shall be combined with the notice of any other application that will be reviewed concurrently by the planning commission. (Ord. 14-O-2661, eff. 6-20-2014; Ord. 19-O-2796, 12-10-2019; Ord. 20-O-2798, 1-9-2020; Ord. 20-O-2824, eff. 11-10-2020; Ord. 21-O-2846, eff. 11-12-2021)

The planning commission or director pursuant to the provisions of section 10-3-3307 of this chapter shall approve an application for participation in the in lieu parking district only if the commission or director makes the following findings:

A. Participation in the in lieu parking district, as approved, will not adversely affect existing and anticipated development in the vicinity and will promote harmonious development of the area.

B. Participation in the in lieu parking district, as approved, will not create any significantly adverse traffic safety impacts, pedestrian-vehicle conflicts, or parking impacts.

C. Participation in the in lieu parking district will not be detrimental to the public health, safety and welfare.

The commission or director may restrict participation in the in lieu parking district by requiring the provision of a minimum amount of on site parking if the commission or director determines that such restriction is necessary to allow the commission or director to make the findings set forth in this section. (Ord. 11-O-2615, eff. 12-16-2011)

Any decision of the director pursuant to this article may be appealed to the planning commission in a manner consistent with the procedures set forth in title 1, chapter 4, article 1 of this code. Any decision of the planning commission pursuant to this article may be appealed to the city council in the manner provided by title 1, chapter 4, article 1 of this code. (Ord. 11-O-2615, eff. 12-16-2011)

Unless otherwise provided in the resolution granting an in lieu parking approval, the exercise of rights granted in such approval shall be commenced in accordance with the time limits imposed by section 10-3-207 of this chapter. (Ord. 02-O-2411, eff. 11-22-2002)

If the city approves an application for participation in the in lieu parking districts, then the applicant shall pay the fees set forth in this section.

A. New Construction And Reconstruction of Non-Restaurant Uses: For each parking space required due to the addition of floor area or due to reconstruction, the applicant shall pay a twenty five thousand dollar ($25,000.00) fee if the subject property is located on Rodeo Drive, a twenty thousand dollar ($20,000.00) fee if the subject property is located on Beverly Drive, and a fifteen thousand dollar ($15,000.00) fee if the subject property is located elsewhere within the in lieu parking districts. These amounts may be adjusted annually by resolution of the city council.

B. Restaurants, Food Sales, And Service Commercial Activities: Notwithstanding the provisions of subsection A of this section, and subject to the restrictions set forth in this subsection, the applicant shall pay a reduced fee of six thousand seventy dollars ($6,070.00) for each parking space required by:

1. The expansion of a convenience sales and service commercial business which has been lawfully operated at the subject site for more than two (2) years;

2. The expansion of a food sales use; or

3. The establishment of a restaurant use.

The fee of six thousand seventy dollars ($6,070.00) represents thirty five percent (35%) of the estimated 1993 cost to construct a parking space, exclusive of land value.

This amount may be adjusted annually by resolution of the city council. The reduced fee set forth in this subsection shall be applied to no more than one expansion of a food sales use or convenience sales and service commercial business during the lifetime of a building unless such expansion involves the purchase of less than fifteen (15) in lieu parking spaces. If the expansion involves the purchase of less than fifteen (15) in lieu parking spaces then the reduced fees set forth in this subsection may be applied to the purchase of up to fifteen (15) in lieu spaces during the life of the building.

C. Small Theaters: Notwithstanding the provisions of subsection A of this section, for each parking space required as a result of the establishment of a theater within an existing building, the applicant shall pay a fee equal to fifty percent (50%) of the fee required under subsection A of this section provided that the building contains at least one parking space per three hundred fifty (350) square feet of floor area, the theater does not exceed twenty five percent (25%) of the existing floor area of the building and the planning commission, after notice and a hearing as set forth in section 10-3-3307 of this chapter, finds that such theater would complement existing retail uses in the in lieu parking districts by enhancing the pedestrian or retail attraction of the in lieu parking districts. (Ord. 76-O-1608, eff. 6-17-1976; amd. Ord. 78-O-1701, eff. 8-31-1978; Ord. 83-O-1888, eff. 5-5-1983; Ord. 89-O-2053, eff. 3-23-1989; Ord. 91-O-2112, eff. 3-22-1991; Ord. 94-O-2206, eff. 8-5-1994; Ord. 96-O-2264, eff. 8-16-1996; Ord. 19-O-2796, 12-10-2019; Ord. 20-O-2798, 1-9-2020; Ord. 20-O-2824, eff. 11-10-2020; Ord. 21-O-2846, eff. 11-12-2021)

A. In Lieu Parking: Pursuant to the requirements, limitations and procedures set forth in this section, the city council or the planning commission may allow a property owner to purchase in lieu parking to serve a site area in excess of sixteen thousand (16,000) square feet and may waive, in whole or in part, the fees required by section 10-3-3310 of this chapter.

1. Eligible Uses: The city council or planning commission may only take action pursuant to this subsection A with regard to site areas occupied by, or fees imposed upon, the following uses:

a. Museum uses owned and controlled by a nonprofit, tax exempt entity.

b. Adaptive reuses of a building listed on the city of Beverly Hills' local register of historic properties.

B. Payment: Pursuant to the requirements, limitations and procedures set forth in this section, and as an alternative to payment of the fees required by section 10-3-3310 of this chapter, the city council or the planning commission may allow, within the in lieu parking districts, businesses to make annual payments to utilize in lieu parking spaces instead of purchasing in lieu parking spaces. The annual payment shall be in the amount of fifty percent (50%) of an annual payment calculated pursuant to subsection 10-3-3313B of this chapter, whether or not the site area exceeds sixteen thousand (16,000) square feet. The option to make payments pursuant to this subsection B shall be subject to the following restrictions:

1. Eligible Uses: The city council or planning commission may only take action pursuant to this subsection B with regard to site areas occupied by food sales and service commercial activities as defined in subsection 10-3-3303C of this chapter.

2. New Construction: This subsection B shall not be applicable to new construction or the addition of floor area to an existing building, and shall only be available for the conversion of existing commercial space to space designated for eating and bar purposes.

3. Maximum Number Of Spaces To Be Allocated Pursuant To Alternate Fee Program: The maximum number of in lieu parking spaces that may be approved citywide pursuant to this subsection B shall not exceed one hundred fifty (150) spaces.

4. Payment Of Fees: Payment of the in lieu parking fees shall be due annually on or before the anniversary of the in lieu parking approval, and shall be paid in advance of the time period for which the in lieu parking spaces are utilized. Fees shall be based initially on the in lieu parking rates in effect at the time of in lieu parking approval, shall continue in perpetuity for the life of the business, and shall be adjusted annually to account for increases in the consumer price index. Such adjustment shall not exceed ten percent (10%) annually.

5. Transferability: Any in lieu parking granted pursuant to this subsection B is not transferable, and the privilege to use in lieu parking pursuant to this section shall immediately terminate in the event that the business to which the in lieu parking spaces were granted vacates the premises or discontinues its operations.

6. Sunset: The payment for in lieu parking spaces authorized by this subsection B is a pilot program. The city council or planning commission may take action pursuant to this subsection B on applications filed on or before October 11, 2014, and timely applications may be processed to conclusion. Unless the city council extends this subsection B, this subsection B shall be repealed as of one minute after twelve o'clock (12:01) A.M. on October 12, 2014.

C. Findings Required: The city council or planning commission shall not take action pursuant to this section unless the city council or planning commission finds that:

1. Due to the nature of the proposed use, the proposed use will attract and serve potential retail sales customers to the in lieu parking districts; and

2. The proposed use will not unreasonably deplete parking resources in the in lieu parking districts.

D. Reviewing Body: The city council shall review an application filed pursuant to this section unless that application accompanies an application that otherwise requires review by the planning commission. If the application filed pursuant to this section accompanies an application that otherwise requires review by the planning commission, then the planning commission shall be the reviewing body for the application filed pursuant to this section.

E. Procedure: An application filed pursuant to this section shall be submitted to the director of planning and community development. Upon receipt of such application, a hearing regarding the application shall be scheduled before the city council or the planning commission, as provided in subsection D of this section. Notice of the hearing shall be mailed to the applicant at least ten (10) days prior to such hearing. (Ord. 13-O-2644, eff. 10-11-2013; amd. Ord. 15-O-2682, eff. 11-19-2015)

Funds collected pursuant to this article shall be deposited by the city in a special fund entitled "in-lieu parking district fund", which is hereby established. Such fund shall be used exclusively for the purpose of acquiring, developing, operating, and maintaining off street parking facilities to serve the in- lieu parking district. (Ord. 76-O-1608, eff. 6-17-1976; amd. Ord. 91-O-2112, eff. 3-22-1991; Ord. 94-O-2206, eff. 8-5-1994)

Payment of in-lieu parking fees shall be made as follows:

A. Four (4) equal installments of twenty five percent (25%) of the in-lieu parking fees due shall be paid to the city within a four (4) year period. The first installment shall be due prior to the issuance of the certificate of occupancy for the structure or, in the case where such fees are due by virtue of a change or expansion of use which does not require a certificate of occupancy, before such change or expansion takes place. The remaining twenty five percent (25%) installments shall be due and payable annually on the anniversary of the first installment. Interest shall not accrue on any unpaid balance of such fees, however, the balance shall be adjusted annually to account for increases in the consumer price index. Such adjustment shall not exceed ten percent (10%). If any portion of the unpaid balance is paid in advance of its due date, any such premature payment shall be credited with a discount to the present monetary value of the payment otherwise due.

B. Notwithstanding the provisions of subsection A of this section, the payment of the required in-lieu parking fees by a lessee or sublessee, whose lease term (including options) is fifteen years or less, for a restaurant use in an existing building may be made in ten (10) equal installments within a ten (10) year period. The first installment shall be due prior to the issuance of the certificate of occupancy for the structure or, in the case where such fees are due by virtue of a change or expansion of use which does not require a certificate of occupancy, before such change or expansion takes place. The remaining ten percent (10%) installments shall be due and payable annually on the anniversary of the first installment. Interest shall not accrue on any unpaid balance of such fees, however, the balance shall be adjusted annually to account for increases in the consumer price index. Such adjustment shall not exceed ten percent (10%). If any portion of the unpaid balance is paid in advance of its due date, any such premature payment shall be credited with a discount to the present monetary value of the payment otherwise due. This subsection shall not apply when the owner of the existing building or any other lessor or sublessor thereof whose lease term (including options) is more than fifteen (15) years has a direct or indirect beneficial interest in the lessee or sublessee conducting the restaurant use therein.

C. Any portion of the in-lieu parking fees which is not paid prior to the issuance of the certificate of occupancy or the change or expansion of use shall be adequately secured. Such security shall be subject to approval by the city manager or his designee, and shall be one of the following types of security:

1. A bond or bonds by one or more duly authorized corporate sureties;

2. A deposit, either with the local agency or a responsible escrow agent or trust company, at the option of the local agency, or money or negotiable bonds of the kind approved for securing deposits of public monies;

3. An instrument of credit from one or more financial institutions subject to regulation by the state or federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment, or a letter of credit by such a financial institution; or

4. A note secured by a first deed of trust in real property; provided, further, the first deed of trust shall not exceed eighty five percent (85%) of the city's appraisal value of the property. The applicant requesting such type of security shall pay to the city all costs associated with the appraisal of the property and other city costs directly related to such type of security.

D. In the event that a lessee or sublessee making payments pursuant to this section ceases to occupy the leased premises prior to making payment of the full in-lieu parking fee, no in- lieu fee credit may be transferred to the new occupant of the property unless the new use of the property is the same as the prior use, the new use is not a change of use or an expansion thereof, and the new occupant agrees to assume the obligation to make the balance of the payments. (Ord. 76-O-1608, eff. 6-17-1976; amd. Ord. 91-O-2112, eff. 3-22-1991; Ord. 94-O-2206, eff. 8-5-1994)

In-lieu parking spaces paid for pursuant to the provisions of this article shall be assigned only to the property for which the building permit was issued and shall not be assigned or transferred for use on any other property. (Ord. 76-O-1608, eff. 6-17-1976; amd. Ord. 94-O-2206, eff. 8-5-1994)

Should the use of any property which is complying with the requirements for off street parking set forth in this chapter by the use of in-lieu parking be considered for conversion to a new use, and the proposed new use requires additional off street parking spaces, the additional off street parking spaces shall be provided by the owner, lessee or sublessee either by providing on site parking spaces, as required by this chapter, or by the purchase of in-lieu parking spaces in compliance with the requirements of this article. (Ord. 76-O-1608, eff. 6-17-1976; amd. Ord. 94-O-2206, eff. 8-5-1994)

Payment pursuant to the provisions of this article shall not relieve any owner, developer, lessee or sublessee from any ad valorem tax or special district assessment or from any charge which may be imposed for the use of parking spaces within any established municipal off street parking facility. (Ord. 76-O-1608, eff. 6-17-1976; amd. Ord. 83-O-1888, eff. 5-5-1983; Ord. 91-O-2112, eff. 3-22-1991; Ord. 94-O-2206, eff. 8-5-1994)

Any decision regarding an application for participation in the in-lieu parking district shall not be effective until such time as the time for filing an appeal regarding that approval has expired or, if an appeal has been filed, the decision shall not become effective until such time that the appeal has been finally determined. In addition, no approval of an application for participation in the in-lieu parking district shall be effective until the owner of the subject site has executed a covenant accepting the terms of the approval, in a form approved by the city attorney, which covenant shall run with the land and be recorded with the county recorder by the city clerk. (Ord. 76-O-1608, eff. 6-17-1976; amd. Ord. 83-O-1888, eff. 5-5-1983; Ord. 94-O-2206, eff. 8-5-1994)

Any property which has been granted eligibility to participate in the in-lieu parking district shall not be used for any use other than a use that is permitted by section 10-3-3303, 10-3-3305, or 10-3-3306 of this article, unless parking spaces are provided on site as required by this chapter. (Ord. 76-O-1608, eff. 6-17-1976; amd. Ord. 94-O-2206, eff. 8-5-1994)