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)