Beverly Hills Municipal Code Art. 34 Commercial-Retail Overlay Zone (c-R)

A. The purpose of the commercial-retail overlay zone (C-R) is to permit the use of land for the establishment of retail department stores. The regulations of the commercial-retail overlay zone shall permit the development of such retail department stores under different regulations than govern other commercial uses in the underlying commercial zone but which impose other requirements to ensure that any such use is in accordance with the general plan and that the characteristics of any such use shall not be unreasonably incompatible with the types of uses permitted in adjacent areas.

B. In any commercial zone indicated upon the official zoning map where the zone symbol is followed by, and as part of such symbol, the parenthetically enclosed letter R, thus (R), any development that exceeds the requirements governing the use of property in the underlying commercial zone, other than by variance, shall be governed by the regulations of this article. The zone symbol shall constitute the underlying commercial zone, and the (R) suffix shall constitute the "overlay zone", (e.g., C-3(R)) indicating the additional provision that properties in such zone may be developed for retail stores as set forth in this article. "Development", for the purposes of this article, shall include the alteration or enlargement of any existing building being used as, or to be used as, a retail store in accordance with the provisions of this article, as well as the new construction or erection of such a building. (Ord. 76-O-1596, eff. 2-19-1976)

For the purposes of this article:

CONVENIENCE SERVICES: Those services, such as beauty shops, restaurants, and the like, which are customarily provided in a retail department store in the city.

RETAIL STORE: A store which carries on as its principal business the selling of tangible commodities in small quantities directly to consumers. (Ord. 76-O-1596, eff. 2-19-1976)

Any use permitted in the underlying commercial zone shall be permitted in the commercial-retail overlay zone subject to the regulations set forth in this chapter applicable to the underlying commercial zone, except that when uses for retail store purposes are developed as permitted by the regulations set forth in this article, the regulations of this article shall govern whenever such regulations are different than other regulations set forth in this chapter. (Ord. 76-O-1596, eff. 2-19-1976)

A. Conditions: Where it is provided in this article that the principal use of each floor, story, or basement shall be for retail store purposes, such use shall be for retail sales, except that those portions of floors used for mechanical equipment and those activities, such as storage and office space, necessary to support such retail sales shall be permitted. In addition, convenience service activities shall be permitted provided:

1. The floor space required to provide such services does not exceed fifty percent (50%) of the floor area of any floor, except that convenience service activities shall not be permitted on the ground floor; and

2. The total floor space used for convenience services in the store does not exceed twenty five percent (25%) of the total floor area in the store used for retail sales; and

3. Any convenience service shall be approved by the planning commission as a convenience service customarily provided in a retail department store located in the city, or, if not, such convenience service is compatible with the use of the premises as a retail department store and with adjacent property.

B. Restrictions And Conditions: In granting such use of a floor for any convenience service not customarily provided in a retail department store in the city, the planning commission may impose such restrictions or conditions as it deems necessary or proper to preserve the integrity and character of the district, the utility and value of the adjacent property, and the general welfare of the neighborhood.

C. Appeals: The decision of the planning commission upon such application shall be final in the absence of an appeal to the council in the manner provided in this chapter for appeals from the planning commission. (Ord. 76-O-1596, eff. 2-19-1976)

The height limit of any building constructed, erected, altered, or enlarged shall be the same as in the underlying commercial zone, except that retail department stores may exceed the height limitations of the underlying commercial zone provided all floors in the building are used principally for retail store purposes as defined in section 10-3-3404 of this article; however, no building, structure, or improvement, or any part thereof, designed or intended to be used for a retail store shall exceed one hundred feet (100') in height, measured as set forth in this chapter; or more than six (6) stories, whichever is lesser. (Ord. 76-O-1596, eff. 2-19-1976)

For the purposes of this article, "site area" shall include only those portions of the site located in a commercial zone. (Ord. 76-O-1596, eff. 2-19-1976)

The maximum floor area ratio permitted on any site area located in the commercial-retail overlay zone shall not exceed the floor area ratio permitted by the provisions of section 10-3-2745 of this chapter, except that the maximum floor area ratio of 5.0 of the site area shall be permitted for a retail department store under the following conditions:

A. Each floor of the building or structure shall be used primarily for "retail store" purposes as defined in this article.

B. If within the same block of the site area there is any property developed or zoned for residential use, and the distance between the closest property lines of such residential property and the site area is within four (4) subdivided lots or less, or within one hundred sixty feet (160') or less, excluding the width of any alley separating property located in the commercial-retail overlay zone from property used for parking, whichever distance is lesser, the three (3) lots nearest the site area may be developed either as a park or for parking, as provided in this chapter; provided, however, no person shall be permitted to reside in the said three (3) lot area at any time during the construction or use of any retail department store located on the adjacent property.

C. All required parking spaces shall be located within the site area or within the permitted parking area described in subsection B of this section. The separation of the parking spaces from the site by an alley shall be permissible. (Ord. 76-O-1596, eff. 2-19-1976)

All parking facilities or structures constructed or erected in conjunction with commercial development as permitted pursuant to the provisions of subsection 10-3-3407B of this chapter on property adjacent to the site area shall conform to the following standards in addition to any other standards set forth in this code:

A. Any parking structure constructed or erected on the lots south of the site area shall have at least two (2) complete levels of parking constructed below the surface level before any portion of a parking structure may be constructed above the surface level.

B. The location of all ventilation systems and ducts shall be subject to the approval of the building official and shall be located so as to reduce air pollution impacts and noise impacts on adjacent residential areas to a minimum.

C. Motor vehicle entrances and exits to and from any parking facility or structure shall be to a street and shall be designed and located so that vehicles entering or exiting will not be directed into or from adjacent residential areas. The design and location of entrances and exits shall be approved by the director of traffic and parking, and he may impose such conditions upon the approval of such design and location as will satisfy the objectives of this subsection and as are necessary, to promote traffic movement and safety.

D. The setbacks required in section 10-3-3719 of this chapter for parking facilities and structures shall apply, except that side setbacks from adjacent residential properties for facilities or structures built on three (3) or four (4) lots may be reduced one foot (1') for each foot that any alley separating property in the commercial-retail overlay zone from the parking facility or structure is widened; provided however, the setback shall not be reduced more than six feet (6'). (Ord. 76-O-1596, eff. 2-19-1976)

A setback of five feet (5') from any street line shall be provided for any building or structure constructed pursuant to this article and located on any street which is sixty feet (60') or less in width. (Ord. 76-O-1596, eff. 2-19-1976)

A. If lots adjacent to the site area are used for parking in accordance with sections 10-3-3407 and 10-3-3408 of this chapter, the access into any parking area from any alley which leads from a residential area shall be blocked at the property line of the parking facility or structure, and any alley to be vacated for the construction of such parking facilities or structures shall be relocated as required by the director of traffic and parking to provide access to a public street.

B. Any alley required by subsection A of this section or widened as set forth in subsection 10-3-3408D of this chapter shall be dedicated to the city by the owner of any property developed pursuant to the provisions of this article and shall be constructed by the owner according to city standards. The owner shall be responsible for the relocation of any utilities made necessary by alley widening or relocation. (Ord. 76-O-1596, eff. 2-19-1976)