ORDINANCE NO. 24-O-2887

AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING TITLE 10, CHAPTER 3, ARTICLE 12 OF BEVERLY HILLS MUNICIPAL CODE TO ALLOW FOR THE EXPANSION OF EXISTING RESTAURANT USES AND THE ESTABLISHMENT OF NEW RESTAURANT USES WITH ROOFTOP OUTDOOR DINING FOR EXISTING LEGALLY NONCONFORMING HOTELS LOCATED IN THE R-4 MULTIPLE RESIDENTIAL ZONE

THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY ORDAINS AS FOLLOWS:

Section 1.   On October 26, 2023 and December 14, 2023, the Planning Commission held a duly noticed public hearing after which it adopted Resolution No. 2046, recommending that the City Council amend portions of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code to allow for the expansion of bar and dining area within existing hotel restaurants and the establishment of new bar and dining area that is open to the public on the rooftop of an existing legally nonconforming hotels in the R-4, Multiple Residential Zone with established rooftop uses as of December 14, 2023 (collectively, the “Amendments”). On February 6, 2024, 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 renewal and amendments of Conditional Use Permit, Development Plan Review, Extended Hours Permit entitlements to allow for expansion of existing ground floor restaurant uses with outdoor dining and the establishment of new rooftop restaurants uses with rooftop outdoor dining associated with existing hotel operations at 9291 Burton Way (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 Amendments would allow for the expansion of bar and dining area within existing hotel restaurants and the establishment of new bar and dining area that is open to the public on the rooftop of an existing legally nonconforming hotels in the R-4, Multiple Residential Zone with established rooftop uses as of December 14, 2023, as part of a Conditional Use Permit request. The City Council hereby finds that the Project is exempt from CEQA pursuant to Sections 15301 (Class 1 – Existing Facilities) and 15305 (Class 5 - Minor Alteration in Land Use Limitations) of Title 14 of the California Code of Regulations. Due to the fact that the Amendment and Project involves minor alterations in land use limitations in areas with an average slope of less than 20% that do not result in any changes in land use or density, minor temporary use of land having negligible or no permanent effects on the environment, and the permitting or minor alterations of existing structures involving negligible or no expansion of use, these exemptions are applicable.

Section 3.   The Amendments are consistent with the objectives, principles, and standards of the General Plan. General Plan Policy LU (Land Use) 9.1 – Uses for Diverse Customers, encourages accommodation of hotel and restaurant uses that attract customers from the region and provide a quality experience for national and international uses. Additionally, General Plan Policy LU 15.1 – Economic Vitality and Business Revenue, encourages the City to sustain a vigorous economy by supporting businesses that contribute revenue, quality services and high-paying jobs, while LU 15.2 – Priority Businesses, encourages the retention and improvement of priority businesses, including high-end hotels. The requested Amendments to the create opportunities for additional investment in existing long-standing hotel uses in the City by creating additional indoor and outdoor dining opportunities within existing legally nonconforming hotel for hotel guests and the general public to enjoy.

Section 4.   The City Council hereby amends Section 10-3-1207 of Article 12, of Chapter 3 of Title 10 of the Beverly Hills Municipal Code to read as follows:

"10-3-1207: DINING IN NONCONFORMING HOTELS:

Subject to the following restrictions, restaurants or dining rooms may be operated within a nonconforming hotel located in an R-4 zone:

A.   Private Dining Rooms: A private dining room may be operated within a nonconforming hotel in an R-4 zone provided that the dining room serves only hotel occupants and their guests and has no door or entrance opening through an exterior wall except a service door into a garage or warehouse or an emergency exit door.

B.   Restaurants: A restaurant may be operated within a nonconforming hotel pursuant to a conditional use permit if the hotel and restaurant meet the following criteria:

1.   The hotel is located on a street identified as an "arterial" street or "collector" street in the city's general plan.

2.   The total dining and bar floor area of all restaurants and private dining rooms in the hotel does not exceed the floor area of any dining and bar area that existed on or before November 1, 1995, except as provided for in subsections B.7 and B.8.

3.   No patrons of the restaurant are seated after eleven o'clock (11:00) P.M.

4.   No live entertainment is performed.

5.   No banquets or similar private receptions or parties are held at the restaurant.

6.   Parking is provided free of charge to employees to ensure that employees do not park in the public right of way.

7.   For nonconforming hotels with established rooftop uses that existed on or before December 14, 2023, existing enclosed rooftop structures area may be converted for use as restaurant kitchen facilities and outdoor dining and bar area may be established on the rooftop, subject to the requirements of subsection C of this section.

8.   For nonconforming hotels with established rooftop uses that existed on or before December 14, 2023, dining and bar floor area of existing ground floor restaurants may be expanded, subject to the requirements of subsection C of this section.

C.   Restaurant Conditional Use Permit: Prior to issuing a conditional use permit to allow for the operation or expansion of restaurant uses, including the establishment of rooftop outdoor dining, to be located in a nonconforming hotel pursuant to subsection B, the commission shall consider, as part of its determination pursuant to article 38 of this chapter, whether the restaurant will have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to:

1.   The accumulation of garbage, trash, or other waste;

2.   Noise created by the operation of the restaurant or by employees or visitors entering or exiting the restaurant;

3.   Light and glare;

4.   Odors or noxious fumes;

5.   Parking demand created by the restaurant, including parking demand created by employees; or

6.   Traffic.

D.   Prohibition Against Expansion: Nothing in this section shall be construed to permit the expansion or enlargement of a nonconforming hotel use or private dining room or restaurant within a nonconforming hotel except that a private dining room may be converted to a restaurant as allowed by subsections B and C of this section, and restaurants may be expanded as provided for in subsections B.7 and B.8. No hotel may include both a private dining room and a restaurant.

E.   Signage: In addition to any other signage permitted for the hotel, a hotel restaurant or private dining room may be identified by a sign at the entrance to the restaurant or private dining room. The size of the sign shall be approved by the planning commission but in no event shall the sign exceed twelve (12) square feet. The sign shall not be illuminated except with back lighting.

F.   Outdoor Dining: Outdoor dining may be approved by the planning commission as part of the issuance of a conditional use permit subject to the issuance of a development plan review approval that must be renewed on an annual basis for the first three (3) years and every three (3) years thereafter unless the director of planning and community development determines that more frequent review and renewal is required to ensure that no adverse impacts occur."

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.

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.

Section 8.   Certification. The City Clerk shall certify to the adoption of this Ordinance.

Adopted: February 20, 2024

Effective: March 22, 2024

 

		JULIAN A. GOLD, M.D. 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

 

VOTE:

AYES: Councilmembers Nazarian, Bosse, Vice Mayor Friedman, and Mayor Gold

NOES: None

ABSENT: Councilmember Mirisch
CARRIED