Item E-1 Agenda Report — Beverly Hills City Council, September 12, 2022

AGENDA REPORT
Meeting Date: September 12, 2022
Item Number:

To: Honorable Mayor & City Council
From: Timothea Tway, AICP, City Planner
Chloe Chen, Associate Planner
Subject: AN ORDINANCE OF THE CITY OF BEVERLY HILLS TO AMEND

BEVERLY HILLS MUNICIPAL CODE SECTIONS RELATED TO

MEDICAL USE REGULATIONS APPLICABLE TO CERTAIN

COMMERCIAL ZONES IN THE CITY
Attachments: 1. Draft Ordinance

2. Draft Redline Ordinance

3. Planning Commission Resolution No. 1996

4. Ordinance No. 20-O-2826

5. Ordinance No. 20-O-2831

6. Ordinance No. 21-O-2852

7. Public Comment

RECOMMENDATION
Pursuant to the Planning Commission’s review and recommendations, staff recommends the City Council move to waive the full reading of the ordinance and introduce and read by title only the ordinance entitled “AN ORDINANCE OF THE CITY

OF BEVERLY HILLS TO AMEND BEVERLY HILLS MUNICIPAL CODE SECTIONS

RELATED TO MEDICAL USE REGULATIONS APPLICABLE TO CERTAIN COMMERCIAL ZONES IN THE CITY”. The draft ordinance as recommended by the Planning Commission is included in Attachment 1.

INTRODUCTION
Since November 2020, the City has implemented an urgency ordinance that allows the conversion of existing commercial spaces to medical space through the issuance of a building permit upon meeting certain criteria. The urgency ordinance was intended to create more flexibility for property owners with regard to the use of space in commercially zoned properties during the COVID-19 pandemic, when vacancies of commercial spaces were increasing and demand for typical commercial uses (e.g., retail, office, etc.) was decreasing. The City Council has extended the urgency ordinance for its maximum effective period, with an expiration date of November 16, 2022. Given this upcoming expiration date of the urgency ordinance, the City Council recently E-1
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directed staff to work with the Planning Commission to develop permanent regulations to replace those in the urgency ordinance that will become effective before the urgency ordinance expires. At the June 9, 2022 Planning Commission study session, the Commission discussed the regulations and provided direction to staff regarding a draft ordinance to amend the City’s medical regulations and replace the urgency ordinance.

On July 28, 2022, the Planning Commission reviewed a draft ordinance to amend medical use regulations, and adopted Planning Commission Resolution No. 1996 (Attachment 3) to recommend the ordinance for approval by the City Council. The draft ordinance is being presented at this time for the City Council’s review and first reading.

DISCUSSION
Background and Previous Discussions
At its November 17, 2020 meeting, the City Council voted to adopt an urgency ordinance that amended existing medical use regulations for commercial areas of the city. The City Council found that the failure to implement immediate changes to the medical use regulations pertaining to the commercial areas of the City would result in an immediate threat to the public health, safety, and general welfare due to the fact that the COVID-19 pandemic and the resulting closures of nonessential businesses and capacity limits on businesses affected the viability of city businesses. In addition, the City faced an increase in vacant commercial space, as the closures and capacity limits impacted landlords’ ability to rent out vacant spaces, which could have resulted in economic instability placing the public health, safety and general welfare at risk. The regulations adopted were meant to allow the conversion of existing commercial space to medical uses in order to provide flexibility for landlords during the COVID-19 pandemic and associated economic slowdown. The urgency ordinance (Ordinance No. 20-O-2826, Attachment 4) adopted on November 17, 2020 took effect immediately and was in effect for an initial 45-day period, until January 1, 2021. This ordinance is also known as the “medical conversion urgency ordinance” as it allows the conversion of commercial space to medical space. On December 8, 2020, the City Council adopted Ordinance No. 20-O2831 (Attachment 5) to extend the urgency ordinance for an additional ten (10) months and fifteen (15) days to allow the urgency regulations to remain in place for a one-year period, during which the City would continue to monitor implementation of the ordinance and the amount of medical office conversions completed.

At the September 21, 2021 City Council study session meeting, the Council discussed the data available regarding medical conversion rates under the medical urgency ordinance. The Council opted to extend the medical urgency ordinance for an additional one-year period, and to reassess before the extension expired to determine whether permanent changes to the City’s medical use regulations would be appropriate. At a subsequent City Council meeting on October 26, 2021, staff provided an update on the amount of commercial space that had been converted under the urgency ordinance since its adoption and general feedback on the conversion-related inquiries received by property owners, commercial brokers, and physicians. The City Council also received comments from the public that generally supported the extension of the urgency ordinance. The City Council discussed the urgency ordinance, and provided comments, which included that a healthy balance of uses in the city are necessary, especially for tax revenue collection, and adopted Ordinance No. 21-O-2852 (Attachment 6), which extended the urgency ordinance for an additional one-year period. This extension means that the urgency ordinance is currently in effect, and will expire on November 16, 2022.

On May 10, 2022, staff presented the City Council with an update on the implementation of the medical conversion urgency ordinance, and requested direction regarding whether staff should start developing permanent regulations to replace the urgency ordinance.

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The Council discussed the urgency ordinance regulations, and directed staff to work with the Planning Commission to develop permanent regulations that will replace the urgency ordinance, and become effective before the urgency ordinance expires on November 16, 2022. The Council generally expressed support for a draft ordinance that includes the majority of the same regulations as those in the urgency ordinance, while also expressing some interest in potential changes to the regulations.

On June 9, 2022, the Planning Commission held a study session to discuss the regulations that should be included in the permanent version of the urgency ordinance, based on the direction provided by the City Council. At this meeting, the Commission expressed support for the existing regulations in the urgency ordinance, and indicated support for some changes to the regulations. These changes included the removal of the requirement for a tenant lease and business tax license prior to conversion of space to medical, greater flexibility for medical uses on the ground floor and surgery uses by potentially relaxing the restrictions on such uses, and allowing new medical uses to be established in newly constructed buildings (rather than just allowing the conversion of existing commercial space to medical uses).

On July 28, 2022, the Planning Commission discussed this item once again, and reviewed the draft ordinance that was informed by the previous discussions of the City Council and Planning Commission. This draft ordinance more closely mirrored the regulations in the urgency ordinance, and included prohibitions on ground floor medical uses and limitations on surgery uses. Staff proposed that the Planning Commission deviate from several of the Commission’s previous recommendations regarding the regulations related to the ground floor and surgery center uses because, upon further review of the Council’s discussion, it was staff’s view that the Council wished to adopt a permanent ordinance that more closely resembles the urgency ordinance. In addition, staff discussed several concerns with the Planning Commission related to allowing ground floor medical uses and surgery uses. In this discussion, staff brought up that ground floor space should ideally be occupied by pedestrian friendly uses, and staff was concerned that a setback inside the ground floor space may not allow future pedestrian friendly commercial uses (e.g. restaurants and retail stores) to occupy the space as easily or without more significant renovations. In addition, staff noted that potentially up to 90% of any given commercial building may be converted to medical space, since every floor of a commercial building except the ground floor may now be converted, which is a significant increase in allowable medical space in the City. Regarding the issue of surgery center uses, staff brought up that this issue is tied closely to the City’s taxation structure, and could create a delay in adopting the ordinance if significant changes to the taxation regulations would need to be studied. As such, staff recommended that the Commission do not include changes to the regulations for ground floor and surgery center uses as compared to the regulations in the urgency ordinance.

The Commission deliberated, and supported the recommendation of the draft ordinance as presented, including the changes recommended by staff.

Medical Urgency Ordinance Regulations
The urgency ordinance currently in effect allows for the establishment of new medical uses throughout the city by converting existing space provided the proposed medical use complies with the following requirements:
• The project site is located in the C-3, C-3T-1, C-3T-2, C-3T-3, C-R-PD, C-R, C3A, C-3B, or E-O-PD zones. • The medical use is not located on the ground floor of a building.

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• New medical uses must provide parking at a rate of one parking space per 350 square feet of floor area. This is the same parking requirement as general commercial/retail, and essentially allows medical uses to occupy existing commercial spaces without requiring the provision of additional parking. • No existing floor area shall be removed, demolished, or vacated to provide parking to satisfy the parking requirements for a medical use. • The additional space shall not be occupied by a “specialty clinic” as defined in Section 10-3-1604.5 of the Beverly Hill Municipal Code. This means that the urgency ordinance does not allow the establishment of new surgical clinics or sleep disorder clinics, only medical offices and medical laboratories. • The applicant has submitted documentation in form and content that is satisfactory to the Director of Community Development demonstrating that the proposed medical space has been leased to a medical tenant at the time of application for a building permit, and if required by the City’s tax regulations, that the medical tenant has an active business tax license under Tax Classification C with the Finance Department and has paid all of the applicable fees for such license.

Public Feedback Regarding the Urgency Ordinance
Since the adoption of the urgency ordinance, the Community Development Department has received numerous inquiries from property owners, commercial brokers, and physicians regarding the process for establishing new medical uses. A significant number of inquiries also included questions about whether the City Council would consider any permanent changes to the medical use regulations, and whether it would be possible to allow greater flexibility with regard to their location on the ground floor and the types of medical uses allowed (i.e., to allow more expanded surgery uses). Most recently, at the May 10, 2022 City Council study session, several members of the public who work in the commercial real estate business provided comments supporting the development of permanent regulations to replace the urgency ordinance and effectively extend the period during which a property owner may convert commercial spaces into medical space. The members of the public also noted that they continued to observe a lower demand for traditional commercial offices, possibly as a result of the prevalence of telecommuting work during the COVID-19 pandemic, and the trend towards hybrid (a mix of in-office and telecommuting work) office work as the pandemic transitions into an endemic phase. At the June 9, 2022 Planning Commission study session, a member of the public provided a comment encouraging the Commission to remove the requirement to provide a tenant lease for the conversion process, and to consider the timing of the adoption of the permanent ordinance given the upcoming expiration date of the urgency ordinance, and that a potential lapse in the regulations could complicate ongoing tenant negotiations. At the July 28, 2022 Planning Commission meeting, a few members of the public expressed both support for the adoption of a permanent ordinance and changes to the draft ordinance to allow ground floor medical uses and more expanded surgery uses.

Regulations in the Draft Ordinance
The draft ordinance includes changes to existing regulations and new regulations related to medical uses, and reflects the direction provided by both the City Council and Planning Commission, as well as staff’s recommendations. In order to achieve the intent of the direction provided by the City Council and Planning Commission and ensure internal consistency throughout various code sections, the draft ordinance includes certain new provisions and amendments to the existing medical code sections. In addition, certain provisions have been removed because they have been made Meeting Date: September 12, 2022

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redundant by the medical conversion provisions. A redline version of the ordinance is included as Attachment 2 to clarify all of the changes that are proposed. The proposed changes and new provisions are summarized below and include explanations to clarify the intent or reason for each regulation. Please note that the code sections correspond to the proposed language in the draft ordinance, and not necessarily to the code sections as currently written in the BHMC.

BHMC §10-3-1620.1.A – Registered Medical Buildings
This section has been revised to clarify the rights and benefits given to registered medical buildings, and removes provisions of the code that are no longer applicable or may create confusion. Prior to the enactment of the urgency ordinance, the medical building registration program was the method by which legal nonconforming rights to medical space could be preserved (since medical uses were otherwise prohibited by Ordinance No. 11-O-2602). The primary benefits of the registration process were that it documented the amount of medical space allowed within a building in perpetuity, and allowed for the medical use to be relocated within the building, including to the ground floor (if located in the pedestrian oriented area), or re-established if it was discontinued for a period of time. In addition, there are no extra restrictions on registered medical uses, such as restrictions related to surgery center uses. Since the conversion option now allows new medical uses to be established, the language of this section has been simplified and cleaned up to specify the rights given to registered medical buildings. Subsection A.1. was previously codified as §10-3-1620.1.B, but continues to provide certain rights for registered medical buildings. In addition, Subsection A.2. was previously codified as §10-3-1620.1.D, but has been consolidated into the section regarding registered medical buildings, since it only applies to such types of buildings moving forward.

BHMC §10-3-1620.1.B – Medical Use Overlay Zone
This section has been added to clarify that medical uses may also be approved through the Medical Use Overlay Zone and Planned Development entitlement process. This provision was previously included in the section that discussed the rights preserved by the medical registration process, but has been separated out with more simplified language to provide greater clarity.

BHMC §10-3-1620.1.C – Legally Nonconforming Medical Uses Most of the language in this section remains unchanged, but a title has been added to the section to aid with the understanding and use of the code.

BHMC §10-3-1620.1.D
This section has moved from BHMC §10-3-1620.1.E.

BHMC §10-3-1620.1.E
This section relates to cosmetic spas and was previously BHMC §10-3-1620.1.F, and a title of the section has been added to aid with the understanding and use of the code.

BHMC §10-3-1620.1.F – Establishment of New Medical Uses This section includes the new provisions that allow the conversion of existing commercial spaces to medical uses, and the establishment of new medical uses in newly constructed buildings. The section is based on the provisions of the urgency ordinance, which were previously codified as BHMC §10-3-1620.1.G.

The section contains the conditions under which new medical uses (medical uses Meeting Date: September 12, 2022

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that were not previously registered or legally nonconforming) may be established.

Per the direction of the City Council and Planning Commission, several conditions from the urgency ordinance have been removed from the proposed regulations, including the requirement for a tenant lease and business tax license, since these were conditions designed to prevent speculative conversions of commercial space to medical during the time period that the urgency ordinance was in effect. These conditions are as follows:
1) a prohibition on locating medical uses on the ground floor; This prohibition intends to preserve the pedestrian atmosphere and ensure that medical uses do not create adverse impacts to the retail and business synergy of commercial areas. At the May 10, 2022 City Council study session, the Council directed staff to explore the idea of possibly allowing ground floor medical uses in certain areas, or allow them after a certain setback (e.g., 40 feet from the façade), but did not come to a definitive conclusion that such a regulation would be appropriate. In addition, several Councilmembers expressed a desire to ensure that commercial areas remain pedestrian oriented, and stated that the urgency ordinance prohibition on ground floor medical uses seemed to function well. At the June 9, 2022 Planning Commission study session, the Commission discussed possibly allowing ground floor medical uses with a required setback from the façade of the storefront. While several Commissioners expressed support for allowing ground floor medical uses with a setback, staff recommends that even with a setback, a large number of medical uses on the ground floor of commercial areas may change the look and feel of spaces that are traditionally utilized for retail or other commercial uses. In addition, staff is concerned that a setback of 40 feet may not provide enough space to be attractive to retail or other tenants, and may lead to vacant ground floor spaces, detracting from the vibrancy of the commercial areas of the city. For this reason, the current draft ordinance does not provide for the option for medical uses on the ground floor, even if located toward the rear of a building. 2) a provision that allows ambulatory surgical care in one (1) operating room that is a maximum of ten percent (10%) of the overall floor area of the suite.

This provision is consistent with staff’s implementation of the urgency ordinance because of the understanding that the restriction related to “specialty clinics” may have been too restrictive if strictly applied as written. This is because specialists often perform ancillary surgical activities in the course of providing regular medical care (e.g., a dentist performing oral surgery or a dermatologist performing surgery to remove cancerous cells). In addition, various types of surgeons may require an in-office operatory to perform less invasive surgeries, while more invasive procedures are performed in an off-site hospital or surgery center setting.

As such, staff has implemented a threshold of allowing a maximum of one operating room that is no more than 10% of the overall floor area of a suite being converted to a medical use, which has allowed greater flexibility and medical uses that are consistent with the City Council’s intent related to the urgency ordinance. Per the direction of the City Council and Planning Commission, this provision has been included formally in the draft ordinance, and a definition for “ambulatory surgical care” has been included to further clarify the types of surgery uses that should be permitted under this provision. Although the Planning Commission previously expressed interest in potentially allowing Meeting Date: September 12, 2022

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expanded surgery uses beyond the allowance included in the draft regulations, given that such a change is related to several other issues (such as the issue of how medical uses are taxed), staff recommended that the draft ordinance not include more permissive standards for surgical uses than what has been implemented through the urgency ordinance. In addition, since the draft ordinance will need to become effective before the urgency ordinance expires in November to ensure there is no lapse in regulations, staff recommended that the discussion of the taxation issue is continued at some point in the future to avoid a delay in adopting this ordinance.

BHMC §10-3-1620.1.G – Review by the City Council
Per the direction of the City Council, this section has been added to require that the City Council review the implementation of the draft ordinance in approximately five years from the date of its adoption.

Change to the Definitions Section (BHMC §10-3-100)
A definition for “ambulatory surgical care” has been added to the code in order to clarify the types of surgical uses that are permitted on an ancillary basis within a new medical space.

Changes to the Permitted and Excluded Uses Sections (Various Sections) These changes have been included in order to bring the various commercial zone regulations into consistency with the medical use regulations section, by clarifying that medical uses are no longer prohibited, as long as they comply with the regulations of the medical use code sections.

Change to the Parking Requirement Table (BHMC §10-3-2730.B) The parking requirements for medical offices and medical laboratories has been updated to be consistent with the parking requirement in the urgency ordinance, of one parking space per 350 square feet of floor area.

Topics for Consideration
The City Council may wish to discuss the following topics as they relate to the proposed draft ordinance. This list of topics is not exhaustive, but is designed to highlight certain important discussion items for the Council, especially portions of the regulations that may not have been previously discussed.
• Medical uses in newly constructed buildings: The draft ordinance would allow new medical uses to be established within newly constructed commercial buildings. This is a slight change from the urgency ordinance, which only allowed the conversion of existing commercial spaces to medical uses. Staff recommends that this be permitted, given that medical uses could be established in a multi-step process in newly constructed buildings under the urgency ordinance. In addition, allowing new medical spaces in ground-up construction may encourage more state-of-the-art facilities to be established. The Council may wish to discuss if there should be any limitations applied to newly established medical uses in new construction.
• Ground floor prohibition: The draft ordinance maintains the prohibition on locating medical uses in ground floor spaces of buildings. However, at the July 28th Planning Commission hearing, members of the public expressed support for allowing ground floor medical uses under the draft ordinance. The Council may Meeting Date: September 12, 2022

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wish to discuss whether there is any instance, configuration, or location in which they might support ground floor medical uses.
• Surgery center prohibition: The draft ordinance also maintains the prohibition on surgery center uses, while allowing ancillary surgical uses within a medical suite.

At the July 28th Planning Commission meeting, members of the public expressed support for allowing more surgery uses, proposing that up to 50% of any individual suite be allowed for surgical uses. The Council may wish to discuss whether there is any interest in amending the allowable amount of floor area that surgical uses may occupy (currently set at one operating room that is no more than 10% of the overall floor area of the suite). If so, the Council may also discuss whether they wish to examine the taxation structure for medical uses in the future, and tentatively schedule this discussion for a future meeting.

ENVIRONMENTAL REVIEW
This project has been 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. Since the project is not related to any specific development proposal and do not enable any physical changes in the environment, there is no possibility that it may have a significant effect on the environment. In addition, the project reflects minor changes in land use limitations, and do not result in changes to land use or density. Accordingly, staff recommends that the City Council consider finding the project categorically exempt from CEQA pursuant to Sections 15061(b)(3) and 15305 of Title 14 of the California Code of Regulations because it can be seen with certainty that there is no possibility that a change to the regulations related to medical uses would have a significant effect on the environment.

FISCAL IMPACT
The adoption of the draft ordinance is not expected to have a direct fiscal impact on the City, and would not constitute a change to the City’s status quo since the urgency ordinance that has been in effect for the past couple of years contains many of the same regulations. While medical uses are taxed differently from other typical commercial uses, the long-term effects of allowing more medical uses in the City’s commercial zones is generally unknown. Modern medical uses may encompass several different uses within one office that are taxed under different categories, including retail sales. Thus, it is difficult to state that the change will be a net positive or net negative as far as tax revenues for the City overall.

Ryan Gohlich, AICP,
Director of Community Development
Approved By
Attachment 1
Draft Ordinance
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ORDINANCE NO. 22-O-____

AN ORDINANCE OF THE CITY OF BEVERLY HILLS TO

AMEND BEVERLY HILLS MUNICIPAL CODE SECTIONS

RELATED TO MEDICAL USE REGULATIONS

APPLICABLE TO CERTAIN COMMERCIAL ZONES IN THE
CITY

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

Section 1. On November 17, 2020, the City Council adopted Urgency Ordinance No. 20-O-2826 (the “Urgency Ordinance”), which amended portions of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code to modify the medical use regulations and allow the conversion of existing commercial floor area to medical uses, upon meeting certain conditions.

Subsequently, the City Council adopted Ordinance Nos. 20-O-2831 and 21-O-2852 to further extend the effective period of the Urgency Ordinance. At a study session on May 10, 2022, the City Council discussed the Urgency Ordinance, and directed staff to prepare a draft ordinance to amend the applicable medical use regulations, consistent with the majority of the regulations in the Urgency Ordinance.

Section 2. On June 9, 2022, the Planning Commission held a study session to discuss the medical use regulations, and any changes to the regulations contained in the Urgency Ordinance. On July 28, 2022, the Planning Commission held a duly noticed public hearing, after which it adopted Resolution No. 1996 recommending that the City Council amend the medical use regulations applicable to certain commercial zones, allowing the conversion of commercial space to medical uses, and the establishment of medical uses in newly constructed commercial buildings -2-
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(collectively, the “Amendments”). On September 12, 2022, the City Council held a duly noticed public hearing, received public testimony, and thereafter introduced this Ordinance.

Section 3. This Ordinance and the Amendments 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. There is no possibility that the proposed code Amendments that are not related to any specific development proposal may have a significant effect on the environment because the modifications do not enable any physical changes in the environment. Therefore, the City Council finds that the Amendments are exempt from CEQA pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations because it can be seen with certainty that there is no possibility that the activity in question would have a significant effect on the environment. Further, as a separate and independent basis, the Amendments reflect minor changes in land use limitations related to medical uses in certain commercial zones, and thus are found exempt from CEQA pursuant to Section 15305 of the California Code of Regulations.

Section 4. The Amendments are consistent with the objectives, principles, and standards of the General Plan. General Plan Goal LU 5 – Complete, Livable, and Quality Neighborhoods calls for a variety of uses and services to support the needs of residents. Similarly, General Plan Policy LU 10.1 – Local-Serving Businesses calls for the promotion and development of businesses that serve, are located in proximity to, and are accessible to residential neighborhoods, including grocery stores and personal care businesses. Amending the medical use regulations will allow for additional medical uses to be established in the city, which provides convenient and vital services for members of the community, while also providing greater business -3-
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opportunities for property owners. General Plan Goal LU 9 – Diverse Districts and Corridors encourages a diversity of vital and active business and commercial districts that provide a choice of uses and activities for residents and visitors alike. The proposed changes to the medical use regulations in certain commercially zoned areas will help foster an economically sustainable commercial district that contains a mix of uses and services, and contribute to residents’ health and well-being by providing community-serving medical uses. General Plan Policy LU 15.3 – Revitalization of Vacant and Underutilized Buildings calls for the rehabilitation and revitalization of distressed, underutilized, and vacant buildings to sustain economic vitality, activity, and provide income for City services. The proposed changes to the medical use regulations will more easily allow medical uses to be established in various commercial zones of the city, which provides greater business and investment opportunities for medical providers and commercial property owners, and may help revitalize vacant or distressed commercial office spaces.

Section 5. The City Council hereby amends Section 10-3-1620.1 of Article 16 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code to read as follows:
“10-3-1620.1: MEDICAL USES:

A. Registered Medical Buildings. Registered medical buildings are buildings that received a certificate of occupancy from the city prior to February 11, 2011, and have received a medical registration letter issued by the Director of Community Development. Registered medical buildings may be used for medical uses provided that the amount of floor area occupied by medical uses does not exceed the amount of floor area occupied by legally permitted medical uses on February 11, 2011, as noted in the medical registration letter, -4-
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and provided that such medical uses comply with any applicable conditions and requirements, as outlined in the registration letter. In addition, notwithstanding section 10-3-4101 of this chapter, registered medical floor area may be relocated within the building provided that the total amount of floor area occupied by medical uses does not increase beyond the amount of floor area occupied by lawfully permitted medical uses on February 11, 2011.

1. In addition to subsection A above, registered medical buildings may add up to six thousand (6,000) square feet of medical floor area to the building by converting general office space to a medical use, even though the building is not located in a medical overlay zone, if all of the following conditions are met:
a. The building is located on property in one of the following commercial zones: C-3, C-3T-1, C-3T-2, C-3T-3, C-R-PD, C-R, C-3A, C-3B, or E-O-PD.
b. If the property is located in the pedestrian oriented area, as defined in section 10-3-1653 of this chapter, the community development director issues a minor accommodation pursuant to the provisions of article 36 of this chapter to authorize a medical use to occupy a space in a pedestrian oriented area provided that all other requirements of this section are met and the director makes all of the findings pursuant to subsection 10-3-1655A of this chapter.
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c. The building contains one or more legal medical uses prior to application for either a building permit or minor accommodation pursuant to this section.
d. No new medical uses are located on the ground floor within the pedestrian oriented area. For development located outside of the pedestrian oriented area, no new medical uses are located within the first forty feet (40') measured from the front building facade, on the ground floor of any building with a depth of one hundred feet (100') or greater.

For buildings with a depth of less than one hundred feet (100') and that are located on irregularly shaped lots, medical uses may be permitted in all or part of the first forty feet (40') upon a finding by the director of community development that: a) all other provisions of this subsection B have been met and b) the proposed expansion of medical use does not adversely impact surrounding development. Facades facing a "side street", as defined in section 10-3-100 of this chapter, shall not be considered a front building facade for purposes of this section. e. Parking for the new medical use is provided pursuant to the requirements of section 10-3-2730 of this chapter or pursuant to a restriping permit issued before December 16, 2005.
f. No existing floor area may be removed, demolished or vacated to satisfy the parking requirements for a medical use.
g. The medical use complies with the restrictions of the zone or underlying zone.
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h. The additional space shall not be occupied by a "specialty clinic" as defined in section 10-3-1604.5 of this article.
i. The building owner has submitted documentation in form and content satisfactory to the Director of Community Development that the proposed medical use meets the conditions of this subsection 1.

2. In order to implement the requirements of this section, no building owner shall utilize the provisions set forth in this section to relocate or expand medical uses unless the building owner has submitted documentation to the Director of Community Development, in form and content satisfactory to the Director, documenting the amount of floor area occupied by legally permitted medical uses on February 11, 2011. Such documentation shall be provided no later than August 11, 2011, or the provisions of this section shall not be available to the building owner. This date may be extended by the Director. Additionally, if the submitted documentation includes any false statements or misrepresentations, then the building owner shall not be able to utilize the provisions of this section.

B. Medical Use Overlay Zone. Buildings that received a certificate of occupancy from the city prior to February 11, 2011, may be used for medical uses if the building is located in the Medical Use Overlay Zone and the medical uses are approved as part of a planned development.

C. Legally Nonconforming Medical Uses. Notwithstanding the provisions of section 10-3-4101 of this chapter, a legal nonconforming medical use located in a building that has been damaged by a disaster to the extent of more than -7-
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fifty percent (50%) of its replacement value, may be reestablished without application of the Medical Use Overlay Zone, provided the reconstructed building complies with applicable zoning standards, including parking requirements, in place at the time a building permit is issued for the replacement building. In no event shall the amount of floor area occupied by nonconforming medical uses in the replacement building exceed the floor area that would have been permitted in the damaged building.

D. The City Council may, by resolution, establish fees for reviews and approvals required by this section.

E. Cosmetic Spas. Notwithstanding any other provision in this section, a cosmetic spa permitted pursuant to section 10-3-1620.2 of this article is not subject to the regulations of this section.

F. Establishment of New Medical Uses: Notwithstanding any other provision in this section, existing commercial spaces that have received certificates of occupancy from the city may be converted to a medical use, and new medical uses may be established in new commercial buildings, upon meeting the following conditions:

1. No new medical uses may be located on the ground floor of a building.

2. No ‘specialty clinic’ uses, as defined in section 10-3-1604.5 of this article shall be permitted. However, ambulatory surgical care uses, as defined in section 10-3-100, shall only be permitted within 1 operating room that has a maximum floor area of 10% of the overall medical suite floor area.
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G. Review by the City Council. The provisions contained in section F above shall be reviewed approximately five years from their adoption, in order to ensure that an increase in medical uses has not created unforeseen adverse impacts to commercial or residential properties and uses.”
Section 6. The City Council hereby amends Section 10-3-100 of Article 1 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code by adding the term “Ambulatory Surgical Care”, between “Alternative Parking Facility” and “Architectural Projections”, to read as follows, with all other definitions in the section remaining unchanged:
“AMBULATORY SURGICAL CARE: One or more surgical procedures performed by a licensed medical professional that do not require an overnight stay, and may be performed on an outpatient basis”.

Section 7. The City Council hereby amends the introductory sentence of Section 10- 3-1620.2 of Article 16 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code as follows, with all other provisions in Section 10-3-1620.2 (paragraphs A through C) remaining in effect without amendment:
“10-3-1620.2: COSMETIC SPAS:

Notwithstanding any other provision of this chapter, a cosmetic spa that does not comply with all of the provisions of section 10-3-1620.1, shall be permitted subject to the following conditions:”
Section 8. The City Council hereby amends Section 10-3-1601 of Article 16 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code to read as follows:
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“10-3-1601: USES PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone C-3 shall be used for any purpose other than the following:

Cabaret within the business triangle subject to the provisions of section 10-3-1620 of this chapter. For the purposes of this use, "business triangle" shall mean the area bounded by the centerline of Wilshire Boulevard, the centerline of Santa Monica Boulevard (south roadway), and the centerline of the alley between Canon Drive and Crescent Drive.

Cafe.

Carpenter shop.

Cinema or theater.

Conservatory.

Dancing academy.

Dressmaking or millinery store.

Exercise club.

Library.

Lunchroom.

Medical uses as defined in section 10-3-100 of this chapter that comply with section 10- 3-1620.1 of this article and cosmetic spas that comply with section 10-3-1620.2 of this article.
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Office.

Paint, paperhanger, or decorating shop or store.

Parking garage.

Photography gallery.

Plumbing shop.

Private training center of no more than three thousand (3,000) square feet of floor area in the business triangle and two thousand (2,000) square feet of floor area outside the business triangle.

Roofing or plastering store or office.

Shop for the conducting of wholesale or retail business.

Store.

Studio.

Tailor.

Upholsterer.

Any similar use.”
Section 9. The City Council hereby amends Section 10-3-1602 of Article 16 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code to read as follows:
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“10-3-1602: BUILDING RESTRICTIONS:

No building, structure, or improvement shall be erected, constructed, established, altered, or enlarged in zone C-3 which is designed, arranged, or intended to be used or occupied, and no building now existing or hereafter to be constructed in zone C-3 shall be used or occupied for any purpose other than as:

Cafe.

Carpenter shops.

Church.

Clubhouse.

Commercial garages.

Conservatories.

Dancing academies.

Dressmaking or millinery shops or stores.

Hotel.

Library.

Lunchroom.

Paint, paperhanger, and decorating stores.

Photographic galleries.

Places of amusement.

Playground.

Plumbing shops.

Roofing or plastering stores or offices.

School.

Store or shop for conducting wholesale or retail businesses.

Studios.

Tailors.

Upholsterers.

Other similar enterprises and institutions, except as in this chapter otherwise provided.” Section 10. The City Council hereby amends Section 10-3-1603 of Article 16 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code to read as follows:
“10-3-1603: BUSINESSES EXCLUDED:

The following uses shall be prohibited in the C-3 Zone:
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Adult hotels/motels and sexual encounter centers as defined in section 10-3-2771 of this chapter.

Automatic machine self-service type laundries containing more than five (5) machines of the usual household type or larger.

Car washes employing more than four (4) employees or involving machinery other than water treatment equipment as necessary to comply with local, State and Federal law, but excepting car washes that are conditionally permitted pursuant to car washes listed in section 10-3-1604 of this article.

Dyeing establishments.

Hospitals in which patients are permitted to remain overnight.

Machine laundries.

Public and private stables.

Rug cleaning establishments.

Sanatoriums in which patients are permitted to remain overnight.

Self-service laundries.

Sheet metal shops.

Steam laundries.

Undertaking establishments.”
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Section 11. The City Council hereby amends Section 10-3-1701 of Article 17 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code to read as follows:
“10-3-1701: USES PERMITTED:

No lot, premises, building or portion thereof in zone C-3A shall be used for any purpose other than as a:

Cafe.

Carpenter shop.

Cinema.

Conservatory.

Dancing academy.

Dressmaking or millinery store.

Exercise club.

Library.

Lunchroom.

Medical uses as defined in section 10-3-100 of this chapter that comply with section 10- 3-1620.1 of this article and cosmetic spas that comply with section 10-3-1620.2 of this article.

Office.

Paint, paperhanger, and decorating shop or store.
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Photograph gallery.

Plumbing shop.

Private training center of no more than two thousand (2,000) square feet of floor area.

Retail tailor.

Roofing or plastering store or office.

Store or shop for the conducting of wholesale or retail business.

Studio.

Theater.

Upholsterer.

Or similar use.”
Section 12. The City Council hereby repeals Section 10-3-1703 of Article 17 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code in its entirety.

Section 13. The City Council hereby repeals Section 10-3-1803 of Article 18 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code in its entirety.

Section 14. The City Council hereby amends subsection “B” of Section 10-3-2730 of Article 27 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code as follows, with all other provisions in Section 10-3-2730 remaining in effect without amendment:
“B. The aggregate amount of required parking space for each type of use shall be not less than the following:
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Type Of Use Required Spaces

1. Hotels 1 space per rentable room or unit

2. Theaters, auditoriums, and
public assembly areas with fixed
seats, including, but not limited to,
churches and schools above the
elementary level
1 space per 4 seats

3. Elementary schools and
childcare uses other than family
daycare homes
1 space per classroom

4. Public assembly areas without
fixed seats
1 space per 28 square feet of such area

5. Eating and bar facilities located
in the Business Triangle
1 space per 350 square feet of floor area

6. Eating and bar facilities located
outside the Business Triangle that
are less than 3,000 square feet
1 space per 350 square feet of floor area

7. Open air dining on public
property and on privately owned
portions of the Robertson
Boulevard sidewalk
No additional parking required

8. Open air dining on private
property
Parking shall be provided as required for indoor dining pursuant to this section except that the planning
commission may establish parking requirements for
open air dining areas that are different than those set forth in this section if the planning commission
determines that the open air dining area will generate a need for parking different than the amount of parking
required by this section or the planning commission
determines that parking demand will be met by means
other than those means specified in this section

9. Eating and bar facilities not
governed by subsections B5
through B7 of this section
1 space per 350 square feet of floor area for the first 3,000 square feet of such area and 1 space per 100
square feet of floor area in excess of 3,000 square feet.

However, 25 percent of the spaces required to be
provided for a building or structure by subsections B1
and B10 of this section may also be applied toward the
requirements of this subsection

10. Commercial uses not otherwise
specified in this section
1 space per 350 square feet of floor area

11. Medical offices as defined in
section 10-3-100 of this chapter,
including all areas devoted to
administrative or reception
purposes
1 space per 350 square feet of floor area; provided
buildings constructed before December 6, 1989, that
received building permits before December 16, 2005, to
restripe parking areas to increase the number of parking spaces and permit additional medical floor area in the
building, shall maintain on site free validated valet
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parking for all medical patrons and maintain posted
signage in the parking garage and in or adjacent to all medical offices indicating the availability of free
validated valet parking for medical office patrons as
required by the zoning code at the time such projects
were permitted. Any building area converted to medical
use on or after December 16, 2005, which relies on a
valid restripe permit shall also comply with the above
requirements.

12. Manufacturing uses 1 space per 500 square feet of floor area

13. Warehouse uses 1 space per 1,500 square feet of floor area

14. Exercise club 1 space per 100 square feet of floor area

15. Private training centers For private training centers located in the Business Triangle: 1 space per 350 square feet of floor area for private training centers with up to 3,000 square feet of floor area. 1 space per 200 square feet of floor area beyond 3,000 square feet.

For private training centers located outside the Business Triangle: 1 space per 200 square feet of floor area.

For all private training centers: Provided, however, that if a private training center of more than 3,000 square feet of floor area is located in a building which has at least 1 parking space per 350 square feet of floor area, then the planning commission, as part of the issuance of a
conditional use permit, may reduce the amount of
required parking for a private training center to an amount no less than 1 parking space per 350 square feet of floor area. The planning commission shall not, however,
approve any reduction in the required parking unless the planning commission determines that such reduction will not unreasonably burden the parking supply of the
building.

16. Medical laboratories as defined
under section 10-3-100 of this
chapter
1 space per 350 square feet of floor area. Buildings
constructed on or after July 1, 1999, may provide
parking for medical laboratory uses at a ratio that is less than 1 space per 200 square feet of floor area upon the granting of a minor accommodation pursuant to the
minor accommodation requirements set forth in this
subsection and provided the parking ratio for the
building is at least 1 space per 350 square feet of floor area. Buildings constructed before July 1, 1999, which
have an existing parking ratio that satisfies the city's parking requirements in effect on February 21, 1961,
may satisfy the 1 space per 200 square feet of floor area requirement for any new medical laboratory use by any
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combination of tandem and compact spaces and
restriping provided an on-site parking attendant is
present at all times during which access to the site is permitted. Any building constructed before July 1, 1999, which has an existing parking ratio that satisfies the
city's parking requirements in effect on February 21,
1961, but cannot satisfy the 1 space per 200 square feet of floor area requirement as provided by this subsection may convert commercial space to medical laboratory
space upon the granting of a minor accommodation
pursuant to the minor accommodation requirements set
forth in this subsection.
a. Minor Accommodation: Where specified reduced parking for medical laboratory uses may be authorized under this subsection through the granting of a minor accommodation, the director of
planning and community development may, pursuant to
the provisions of article 36 of this chapter, permit such reduced parking provided the director of planning and
community development finds that the number of
parking spaces in the building has been maximized to the extent feasible and that the proposed reduction in
parking will not have a significant adverse effect on
traffic and parking in the area due to any of the
following:
(1) The size or configuration of the building or portion thereof housing the proposed medical laboratory;
(2) The number and size of the loading areas on the site; (3) The nature and number of deliveries for the proposed medical laboratory;
(4) The proximity of the proposed medical laboratory to schools and parks;
(5) The proximity of the proposed medical laboratory to neighboring residential areas;
(6) The existing concentration of other commercial
operations in the vicinity of the proposed medical
laboratory;
(7) The hours of the operation for the proposed medical laboratory
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b. General Prohibition: Notwithstanding any of the provisions of this subsection B16, under no circumstances shall a building located
within 100 feet of a public school or active park be
permitted to provide parking at a ratio of less than 1
regular stall size space per 200 square feet of floor area.

The Business Triangle area is defined for purposes of this code section as: the area bounded by the centerline of
Santa Monica Boulevard North Roadway, the centerline
of Crescent Drive, the centerline of Wilshire Boulevard west of Beverly Drive, and the first lot line north of
Wilshire Boulevard for that area east of Beverly Drive.” Section 15. 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 16. 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. //
//
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Section 17. 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.

Adopted:

Effective:

LILI BOSSE
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 GEORGE CHAVEZ
City Attorney City Manager
Attachment 2
Draft Redline Ordinance
1 B0785-0050\2711375v2.doc
[DRAFT] ORDINANCE NO. 22-O-____

AN ORDINANCE OF THE CITY OF BEVERLY

HILLS TO AMEND BEVERLY HILLS

MUNICIPAL CODE SECTIONS RELATED TO

MEDICAL USE REGULATIONS APPLICABLE

TO CERTAIN COMMERCIAL ZONES IN THE
CITY

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

Section 2. On June 9, 2022, the Planning Commission held a study session to discuss the medical use regulations, and any changes to the regulations contained in the Urgency Ordinance. On July 28, 2022, the Planning Commission held a duly noticed public hearing, after which it adopted Resolution No. ____ recommending that the City Council amend the medical use regulations applicable to certain commercial zones, allowing the conversion of commercial space to medical uses, and the establishment of medical uses in newly constructed commercial buildings 2 B0785-0050\2711375v2.doc
(collectively, the “Amendments”). On ___________, 2022, the City Council held a duly noticed public hearing, received public testimony, and thereafter introduced this Ordinance.

Section 4. The Amendments are consistent with the objectives, principles, and standards of the General Plan. General Plan Goal LU 5 – Complete, Livable, and Quality Neighborhoods calls for a variety of uses and services to support the needs of residents. Similarly, General Plan Policy LU 10.1 – Local-Serving Businesses calls for the promotion and development of businesses that serve, are located in proximity to, and are accessible to residential neighborhoods, including grocery stores and personal care businesses. Amending the medical use regulations will allow for additional medical uses to be established in the city, which provides convenient and vital services for members of the community, while also providing greater business 3 B0785-0050\2711375v2.doc
opportunities for property owners. General Plan Goal LU 9 – Diverse Districts and Corridors encourages a diversity of vital and active business and commercial districts that provide a choice of uses and activities for residents and visitors alike. The proposed changes to the medical use regulations in certain commercially zoned areas will help foster an economically sustainable commercial district that contains a mix of uses and services, and contribute to residents’ health and well-being by providing community-serving medical uses. General Plan Policy LU 15.3 – Revitalization of Vacant and Underutilized Buildings calls for the rehabilitation and revitalization of distressed, underutilized, and vacant buildings to sustain economic vitality, activity, and provide income for City services. The proposed changes to the medical use regulations will more easily allow medical uses to be established in various commercial zones of the city, which provides greater business and investment opportunities for medical providers and commercial property owners, and may help revitalize vacant or distressed commercial office spaces.

Section 5. The City Council hereby amends Section 10-3-1620.1 of Article 16 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code to read as follows:
“10-3-1620.1: MEDICAL USES:

A. Registered Medical Buildings. Notwithstanding the provisions of sections 10-3-1601 and 10-3-1602 of this chapter, buildings Registered medical buildings are buildings that received a certificate of occupancy from the city prior to February 11, 2011, and have received a medical registration letter issued by the Director of Community Development. Registered medical buildings may be used for medical uses provided that either: 1) the amount of floor area occupied by medical uses does not exceed the amount of floor 4 B0785-0050\2711375v2.doc
area occupied by legally permitted medical uses on February 11, 2011, as noted in the medical registration letter, or 2) the building is located in a medical overlay zone and the medical uses are approved as part of a planned development, and provided that such medical uses comply with any applicable conditions and requirements, as outlined in the registration letter. In addition, nNotwithstanding section 10-3-4101 of this chapter, medical uses may relocate registered medical floor area may be relocated within the building provided that the total amount of floor area occupied by medical uses does not increase beyond the amount of floor area occupied by lawfully permitted medical uses on February 11, 2011.

1. B. Notwithstanding subsection A of this section and section 10-3-4101 of this chapter, building owners of buildings that received a certificate of occupancy from the city prior to February 11, 2011, In addition to subsection A above, registered medical buildings may add up to six thousand (6,000) square feet of medical uses floor area to the building by converting general office space to a medical use, even though the building is not located in a medical overlay zone, if all of the following conditions are met:
a. 1. The building is located on property in one of the following commercial zones: C-3, C-3T-1, C-3T-2, C-3T-3, C-R-PD, C-R, C-3A, C-3B, or E-O-PD.
b. 2. If the property is located in the pedestrian oriented area, as defined in section 10-3-1653 of this chapter, the community development 5 B0785-0050\2711375v2.doc
director issues a minor accommodation pursuant to the provisions of article 36 of this chapter to authorize a medical use to occupy a space in a pedestrian oriented area provided that all other requirements of this section are met and the director makes all of the findings pursuant to subsection 10-3-1655A of this chapter.
c. 3. The building contains one or more legal medical uses prior to application for either a building permit or minor accommodation pursuant to this section.
d. 4. No new medical uses are located on the ground floor within the pedestrian oriented area. For development located outside of the pedestrian oriented area, no new medical uses are located within the first forty feet (40') measured from the front building facade, on the ground floor of any building with a depth of one hundred feet (100') or greater.

For buildings with a depth of less than one hundred feet (100') and that are located on irregularly shaped lots, medical uses may be permitted in all or part of the first forty feet (40') upon a finding by the director of community development that: a) all other provisions of this subsection B have been met and b) the proposed expansion of medical use does not adversely impact surrounding development. Facades facing a "side street", as defined in section 10-3-100 of this chapter, shall not be considered a front building facade for purposes of this section. 6 B0785-0050\2711375v2.doc
e. 5. Parking for the new medical use is provided pursuant to the requirements of section 10-3-2730 of this chapter or pursuant to a restriping permit issued before December 16, 2005.
f. 6. No existing floor area may be removed, demolished or vacated to satisfy the parking requirements for a medical use.
g. 7. The medical use complies with the restrictions of the zone or underlying zone.
h. 8. The additional space shall not be occupied by a "specialty clinic" as defined in section 10-3-1604.5 of this article. i. 9. The building owner has submitted documentation in form and content satisfactory to the Director of Community Development that the proposed medical use meets the conditions of this subsection B 1.

2. D. In order to implement the requirements of this section, no building owner shall utilize the provisions set forth in this section to relocate or expand medical uses unless the building owner has submitted documentation to the Director of Community Development, in form and content satisfactory to the Director, documenting the amount of floor area occupied by legally permitted medical uses on February 11, 2011.

Such documentation shall be provided no later than August 11, 2011, or the provisions of this section shall not be available to the building owner.

This date may be extended by the Director. Additionally, if the submitted documentation includes any false statements or misrepresentations, then 7 B0785-0050\2711375v2.doc
the building owner shall not be able to utilize the provisions of this section.

C. Legally Nonconforming Medical Uses. Notwithstanding the provisions of section 10-3-4101 of this chapter, a legal nonconforming medical use located in a building that has been damaged by a disaster to the extent of more than fifty percent (50%) of its replacement value, may be reestablished without application of the Medical Use Overlay Zone, provided the reconstructed building complies with applicable zoning standards, including parking requirements, in place at the time a building permit is issued for the replacement building. In no event shall the amount of floor area occupied by nonconforming medical uses in the replacement building exceed the floor area that would have been permitted in the damaged building.

D. E. The City Council may, by resolution, establish fees for reviews and approvals required by this section.

E. F. Cosmetic Spas. Notwithstanding any other provision in this section, a cosmetic spa permitted pursuant to section 10-3-1620.2 of this article is not subject to the regulations of this section.

F. G. Interim Allowance for the Establishment of New Medical Uses:

Notwithstanding any other provision in this section, existing commercial 8 B0785-0050\2711375v2.doc
spaces that have received certificates of occupancy from the city may be converted to a medical use, and new medical uses may be established in new commercial buildings, upon meeting the following conditions:

1. The building is located on property in one of the following commercial zones: C-3, C-3T-1, C-3T-2, C-3T-3, C-R-PD, C-R, C-3A, C-3B, or E-O-PD.

1. 2. No new medical uses may be located on the ground floor of a building.

3. Notwithstanding the provisions contained in article 27 of this code, parking for medical uses established under the interim regulations contained in this subsection G shall require one parking space per three hundred fifty (350) square feet of floor area.

4. No existing floor area may be removed, demolished or vacated to satisfy the parking requirements for a medical use.

5. The additional space shall not be occupied by a "specialty clinic" as defined in section 10-3-1604.5 of this article.
9 B0785-0050\2711375v2.doc

6. The applicant has submitted documentation in form and content satisfactory to the Director of Community Development demonstrating that the proposed medical space has been leased to a medical tenant at the time of application for a building permit, and if required by the City's tax regulations, that the medical tenant has an active business tax license under Tax Classification C with the Finance Department and has paid all of the applicable fees for such license.

G. Review by the City Council. The provisions contained in section F above shall be reviewed approximately five years from their adoption, in order to ensure that an increase in medical uses has not created unforeseen adverse impacts to commercial or residential properties and uses.” Section 6. The City Council hereby amends Section 10-3-100 of Article 1 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code by adding the term “Ambulatory Surgical Care”, between “Alternative Parking Facility” and “Architectural Projections”, to read as follows, with all other definitions in the section remaining unchanged:
“AMBULATORY SURGICAL CARE: One or more surgical procedures performed by a licensed medical professional that do not require an overnight stay, and may be performed on an outpatient basis”.

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone C-3 shall be used for any purpose other than the following:

Cafe.

Carpenter shop.

Cinema or theater.

Conservatory.

Dancing academy.

Dressmaking or millinery store.
11 B0785-0050\2711375v2.doc
Exercise club.

Library.

Lunchroom.

Medical uses as defined in section 10-3-100 of this chapter that comply with section 10-3-1620.1 of this article and cosmetic spas that comply with section 10-3-1620.2 of this article.

Office.

Paint, paperhanger, or decorating shop or store.

Parking garage.

Photography gallery.

Plumbing shop.

Private training center of no more than three thousand (3,000) square feet of floor area in the business triangle and two thousand (2,000) square feet of floor area outside the business triangle.

Roofing or plastering store or office.

Shop for the conducting of wholesale or retail business.

Store.

Studio.

Tailor.
12 B0785-0050\2711375v2.doc
Upholsterer.

Any similar use.”
Section 9. The City Council hereby amends Section 10-3-1602 of Article 16 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code to read as follows:
“10-3-1602: BUILDING RESTRICTIONS:

Cafe.

Carpenter shops.

Church.

Clubhouse.

Commercial garages.

Conservatories.

Dancing academies.

Dressmaking or millinery shops or stores.

Hotel.

Library.
13 B0785-0050\2711375v2.doc
Lunchroom.

Medical uses as defined in section 10-3-100 of this chapter that comply with section 10-3-1620.1 of this article and cosmetic spas that comply with section 10-3-1620.2 of this article.

Offices.

Paint, paperhanger, and decorating stores.

Photographic galleries.

Places of amusement.

Playground.

Plumbing shops.

Roofing or plastering stores or offices.

School.

Store or shop for conducting wholesale or retail businesses.

Studios.

Tailors.

Upholsterers.

Other similar enterprises and institutions, except as in this chapter otherwise provided.” 14 B0785-0050\2711375v2.doc
Section 10. The City Council hereby amends Section 10-3-1603 of Article 16 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code as to read follows:
“10-3-1603: BUSINESSES EXCLUDED:

The following uses shall be prohibited in the C-3 Zone:

Adult hotels/motels and sexual encounter centers as defined in section 10-3-2771 of this chapter.

Automatic machine self-service type laundries containing more than five (5) machines of the usual household type or larger.

Dyeing establishments.

Hospitals in which patients are permitted to remain overnight.

Machine laundries.

Medical uses as defined in section 10-3-100 of this chapter except for medical uses that comply with section 10-3-1620.1 of this article and cosmetic spas that comply with section 10-3-1620.2 of this article.

Public and private stables.

Rug cleaning establishments.
15 B0785-0050\2711375v2.doc
Sanatoriums in which patients are permitted to remain overnight.

Self-service laundries.

Sheet metal shops.

Steam laundries.

Undertaking establishments.”
Section 11. The City Council hereby amends Section 10-3-1701 of Article 17 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code to read as follows:
“10-3-1701: USES PERMITTED:

No lot, premises, building or portion thereof in zone C-3A shall be used for any purpose other than as a:

Cafe.

Carpenter shop.

Cinema.

Conservatory.

Dancing academy.

Dressmaking or millinery store.

Exercise club.

Library.
16 B0785-0050\2711375v2.doc
Lunchroom.

Medical uses as defined in section 10-3-100 of this chapter that comply with section 10-3-1620.1 of this article and cosmetic spas that comply with section 10-3-1620.2 of this article.

Office.

Paint, paperhanger, and decorating shop or store.

Photograph gallery.

Plumbing shop.

Private training center of no more than two thousand (2,000) square feet of floor area.

Retail tailor.

Roofing or plastering store or office.

Store or shop for the conducting of wholesale or retail business.

Studio.

Theater.

Upholsterer.

Or similar use.”
Section 12. The City Council hereby repeals Section 10-3-1703 of Article 17 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code in its entirety. 17 B0785-0050\2711375v2.doc
“Medical uses, except as permitted pursuant to section 10-3-1620.1 of this chapter.” Section 13. The City Council hereby repeals Section 10-3-1803 of Article 18 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code in its entirety. “Medical uses, except as permitted pursuant to section 10-3-1620.1 of this chapter.” Section 14. The City Council hereby amends subsection “B” of Section 10-3-2730 of Article 27 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code as follows, with all other provisions in Section 10-3-2730 remaining in effect without amendment:
“B. The aggregate amount of required parking space for each type of use shall be not less than the following:

Type Of Use Required Spaces

1. Hotels 1 space per rentable room or unit

2. Theaters, auditoriums, and
public assembly areas with fixed
seats, including, but not limited to,
churches and schools above the
elementary level
1 space per 4 seats

3. Elementary schools and
childcare uses other than family
daycare homes
1 space per classroom

4. Public assembly areas without
fixed seats
1 space per 28 square feet of such area

5. Eating and bar facilities located
in the Business Triangle
1 space per 350 square feet of floor area

6. Eating and bar facilities located
outside the Business Triangle that
are less than 3,000 square feet
1 space per 350 square feet of floor area

7. Open air dining on public
property and on privately owned
portions of the Robertson
Boulevard sidewalk
No additional parking required

8. Open air dining on private
property
Parking shall be provided as required for indoor dining pursuant to this section except that the planning
commission may establish parking requirements for
18 B0785-0050\2711375v2.doc
open air dining areas that are different than those set forth in this section if the planning commission
determines that the open air dining area will generate a need for parking different than the amount of parking
required by this section or the planning commission
determines that parking demand will be met by means
other than those means specified in this section

However, 25 percent of the spaces required to be
provided for a building or structure by subsections B1
and B10 of this section may also be applied toward the
requirements of this subsection

10. Commercial uses not otherwise
specified in this section
1 space per 350 square feet of floor area

11. Medical offices as defined in
section 10-3-100 of this chapter,
including all areas devoted to
administrative or reception
purposes
1 space per 200 350 square feet of floor area; provided buildings constructed before December 6, 1989, that
received building permits before December 16, 2005, to
restripe parking areas to increase the number of parking spaces and permit additional medical floor area in the
building, shall maintain on site free validated valet
parking for all medical patrons and maintain posted
signage in the parking garage and in or adjacent to all medical offices indicating the availability of free
validated valet parking for medical office patrons as
required by the zoning code at the time such projects
were permitted. Any building area converted to medical
use on or after December 16, 2005, which relies on a
valid restripe permit shall also comply with the above
requirements.

12. Manufacturing uses 1 space per 500 square feet of floor area

13. Warehouse uses 1 space per 1,500 square feet of floor area

14. Exercise club 1 space per 100 square feet of floor area

For private training centers located outside the Business Triangle: 1 space per 200 square feet of floor area.

For all private training centers: Provided, however, that if a private training center of more than 3,000 square feet of floor area is located in a building which has at least 1 parking space per 350 square feet of floor area, then the planning commission, as part of the issuance of a
19 B0785-0050\2711375v2.doc
conditional use permit, may reduce the amount of
required parking for a private training center to an amount no less than 1 parking space per 350 square feet of floor area. The planning commission shall not, however,
approve any reduction in the required parking unless the planning commission determines that such reduction will not unreasonably burden the parking supply of the
building

16. Medical laboratories as defined
under section 10-3-100 of this
chapter
1 space per 200 350 square feet of floor area. Buildings constructed on or after July 1, 1999, may provide
parking for medical laboratory uses at a ratio that is less than 1 space per 200 square feet of floor area upon the granting of a minor accommodation pursuant to the
minor accommodation requirements set forth in this
subsection and provided the parking ratio for the
building is at least 1 space per 350 square feet of floor area. Buildings constructed before July 1, 1999, which
have an existing parking ratio that satisfies the city's parking requirements in effect on February 21, 1961,
may satisfy the 1 space per 200 square feet of floor area requirement for any new medical laboratory use by any
combination of tandem and compact spaces and
restriping provided an on-site parking attendant is
present at all times during which access to the site is permitted. Any building constructed before July 1, 1999, which has an existing parking ratio that satisfies the
city's parking requirements in effect on February 21,
1961, but cannot satisfy the 1 space per 200 square feet of floor area requirement as provided by this subsection may convert commercial space to medical laboratory
space upon the granting of a minor accommodation
pursuant to the minor accommodation requirements set
forth in this subsection.
a. Minor Accommodation: Where specified reduced parking for medical laboratory uses may be authorized under this subsection through the granting of a minor accommodation, the director of
planning and community development may, pursuant to
the provisions of article 36 of this chapter, permit such reduced parking provided the director of planning and
community development finds that the number of
parking spaces in the building has been maximized to the extent feasible and that the proposed reduction in
parking will not have a significant adverse effect on
traffic and parking in the area due to any of the
following:
20 B0785-0050\2711375v2.doc
(1) The size or configuration of the building or portion thereof housing the proposed medical laboratory;
(2) The number and size of the loading areas on the site; (3) The nature and number of deliveries for the proposed medical laboratory;
(4) The proximity of the proposed medical laboratory to schools and parks;
(5) The proximity of the proposed medical laboratory to neighboring residential areas;
(6) The existing concentration of other commercial
operations in the vicinity of the proposed medical
laboratory;
(7) The hours of the operation for the proposed medical laboratory
b. General Prohibition: Notwithstanding any of the provisions of this subsection B16, under no circumstances shall a building located
within 100 feet of a public school or active park be
permitted to provide parking at a ratio of less than 1
regular stall size space per 200 square feet of floor area.

Section 15. 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. 21 B0785-0050\2711375v2.doc
Section 16. 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. //
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Section 17. 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.

Adopted:

Effective:

LILI BOSSE
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 GEORGE CHAVEZ
City Attorney City Manager
Attachment 3
Planning Commission Resolution No.
1996
1 RESOLUTION NO. 1996

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF BEVERLY HILLS RECOMMENDING ADOPTION OF

AN ORDINANCE OF THE CITY OF BEVERLY HILLS TO

AMEND BEVERLY HILLS MUNICIPAL CODE SECTIONS

RELATED TO MEDICAL USE REGULATIONS APPLICABLE

TO CERTAIN COMMERCIAL ZONES IN THE CITY
WHEREAS, the Planning Commission has considered the proposed Amendments to the City of Beverly Hills Municipal Code, as set forth and attached hereto as Exhibit A (the “Amendments”); and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on July 28, 2022, at which times it received oral and documentary evidence relative to the proposed Amendments; and
WHEREAS, the Planning Commission finds that the proposed Amendments are required because of the benefit to the public interest, health, safety, morals, peace, comfort, convenience, or general welfare, and that such Amendments are consistent with the general objectives, principles, and standards of the General Plan.

NOW, THEREFORE, the Planning Commission of the City of Beverly Hills hereby finds, resolves, and determines as follows:

Section 1. This Ordinance and the Amendments were assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the

2 State CEQA Guidelines, and the environmental regulations of the City. There is no possibility that the proposed code Amendments that are not related to any specific development proposal may have a significant effect on the environment because the modifications do not enable any physical changes in the environment. Therefore, the City Council finds that the Amendments are exempt from CEQA pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations because it can be seen with certainty that there is no possibility that the activity in question would have a significant effect on the environment. Further, as a separate and independent basis, the Amendments reflect minor changes in land use limitations related to medical uses in certain commercial zones, and thus are found exempt from CEQA pursuant to Section 15305 of the California Code of Regulations.

Section 2. The Amendments are consistent with the objectives, principles, and standards of the General Plan. General Plan Goal LU 5 – Complete, Livable, and Quality Neighborhoods calls for a variety of uses and services to support the needs of residents. Similarly, General Plan Policy LU 10.1 – Local-Serving Businesses calls for the promotion and development of businesses that serve, are located in proximity to, and are accessible to residential neighborhoods, including grocery stores and personal care businesses. Amending the medical use regulations will allow for additional medical uses to be established in the city, which provides convenient and vital services for members of the community, while also providing greater business opportunities for property owners. General Plan Goal LU 9 – Diverse Districts and Corridors encourages a diversity of vital and active business and commercial districts that provide a choice of uses and activities for residents and visitors alike. The proposed changes to the medical use regulations in certain commercially zoned areas will help foster an economically sustainable

3 commercial district that contains a mix of uses and services, and contribute to residents’ health and well-being by providing community-serving medical uses. General Plan Policy LU 15.3 – Revitalization of Vacant and Underutilized Buildings calls for the rehabilitation and revitalization of distressed, underutilized, and vacant buildings to sustain economic vitality, activity, and provide income for City services. The proposed changes to the medical use regulations will more easily allow medical uses to be established in various commercial zones of the city, which provides greater business and investment opportunities for medical providers and commercial property owners, and may help revitalize vacant or distressed commercial office spaces.

Section 3. The Planning Commission does hereby recommend to the City Council the adoption of an ordinance approving and enacting the proposed Amendments substantially as set forth in Exhibit A, which is attached hereto and incorporated herein by reference.
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4 Section 4. The Secretary of the Planning Commission shall certify to the passage, approval, and adoption of this resolution, and shall cause this resolution and his/her Certification to be entered in the Book of Resolutions of the Planning Commission of the City.

Adopted: July 28, 2022
Myra Demeter, Ph.D.

Chair of the Planning Commission of the
City of Beverly Hills
Attest:

Timothea Tway, AICP
Secretary of the Planning Commission
Approved as to form: Approved as to content:

David M. Snow Timothea Tway, AICP
Assistant City Attorney City Planner
Community Development Department
EXHIBIT A: Draft Ordinance

5 EXHIBIT A – Draft Ordinance

[DRAFT] ORDINANCE NO. 22-O-____

AN ORDINANCE OF THE CITY OF BEVERLY

HILLS TO AMEND BEVERLY HILLS

MUNICIPAL CODE SECTIONS RELATED TO

MEDICAL USE REGULATIONS APPLICABLE

TO CERTAIN COMMERCIAL ZONES IN THE
CITY

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

(collectively, the “Amendments”). On ___________, 2022, the City Council held a duly noticed public hearing, received public testimony, and thereafter introduced this Ordinance.

encourages a diversity of vital and active business and commercial districts that provide a choice of uses and activities for residents and visitors alike. The proposed changes to the medical use regulations in certain commercially zoned areas will help foster an economically sustainable commercial district that contains a mix of uses and services, and contribute to residents’ health and well-being by providing community-serving medical uses. General Plan Policy LU 15.3 – Revitalization of Vacant and Underutilized Buildings calls for the rehabilitation and revitalization of distressed, underutilized, and vacant buildings to sustain economic vitality, activity, and provide income for City services. The proposed changes to the medical use regulations will more easily allow medical uses to be established in various commercial zones of the city, which provides greater business and investment opportunities for medical providers and commercial property owners, and may help revitalize vacant or distressed commercial office spaces.

Section 5. The City Council hereby amends Section 10-3-1620.1 of Article 16 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code to read as follows:
“10-3-1620.1: MEDICAL USES:

and requirements, as outlined in the registration letter. In addition, notwithstanding section 10-3-4101 of this chapter, registered medical floor area may be relocated within the building provided that the total amount of floor area occupied by medical uses does not increase beyond the amount of floor area occupied by lawfully permitted medical uses on February 11, 2011.

1. In addition to subsection A above, registered medical buildings may add up to six thousand (6,000) square feet of medical floor area to the building by converting general office space to a medical use, even though the building is not located in a medical overlay zone, if all of the following conditions are met:
a. The building is located on property in one of the following commercial zones: C-3, C-3T-1, C-3T-2, C-3T-3, C-R-PD, C-R, C-3A, C-3B, or E-O-PD.
b. If the property is located in the pedestrian oriented area, as defined in section 10-3-1653 of this chapter, the community development director issues a minor accommodation pursuant to the provisions of article 36 of this chapter to authorize a medical use to occupy a space in a pedestrian oriented area provided that all other requirements of this section are met and the director makes all of the findings pursuant to subsection 10-3-1655A of this chapter.
c. The building contains one or more legal medical uses prior to application for either a building permit or minor accommodation pursuant to this section.

d. No new medical uses are located on the ground floor within the pedestrian oriented area. For development located outside of the pedestrian oriented area, no new medical uses are located within the first forty feet (40') measured from the front building facade, on the ground floor of any building with a depth of one hundred feet (100') or greater.

For buildings with a depth of less than one hundred feet (100') and that are located on irregularly shaped lots, medical uses may be permitted in all or part of the first forty feet (40') upon a finding by the director of community development that: a) all other provisions of this subsection B have been met and b) the proposed expansion of medical use does not adversely impact surrounding development. Facades facing a "side street", as defined in section 10-3-100 of this chapter, shall not be considered a front building facade for purposes of this section. e. Parking for the new medical use is provided pursuant to the requirements of section 10-3-2730 of this chapter or pursuant to a restriping permit issued before December 16, 2005.
f. No existing floor area may be removed, demolished or vacated to satisfy the parking requirements for a medical use.
g. The medical use complies with the restrictions of the zone or underlying zone.
h. The additional space shall not be occupied by a "specialty clinic" as defined in section 10-3-1604.5 of this article.

i. The building owner has submitted documentation in form and content satisfactory to the Director of Community Development that the proposed medical use meets the conditions of this subsection 1.

B. Medical Use Overlay Zone. Buildings that received a certificate of occupancy from the city prior to February 11, 2011, may be used for medical uses if it is located in the Medical Use Overlay Zone and the medical uses are approved as part of a planned development.

building complies with applicable zoning standards, including parking requirements, in place at the time a building permit is issued for the replacement building. In no event shall the amount of floor area occupied by nonconforming medical uses in the replacement building exceed the floor area that would have been permitted in the damaged building.

D. The City Council may, by resolution, establish fees for reviews and approvals required by this section.

E. Cosmetic Spas. Notwithstanding any other provision in this section, a cosmetic spa permitted pursuant to section 10-3-1620.2 of this article is not subject to the regulations of this section.

1. No new medical uses may be located on the ground floor of a building.

G. Review by the City Council. The provisions contained in section F above shall be reviewed approximately five years from their adoption, in order to ensure

that an increase in medical uses has not created unforeseen adverse impacts to commercial or residential properties and uses.”
Section 6. The City Council hereby amends Section 10-3-100 of Article 1 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code by adding the term “Ambulatory Surgical Care”, between “Alternative Parking Facility” and “Architectural Projections”, to read as follows, with all other definitions in the section remaining unchanged:
“AMBULATORY SURGICAL CARE: Surgical procedures performed by a licensed medical professional that does not require an overnight stay, and may be performed on an outpatient basis”.

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone C-3 shall be used for any purpose other than the following:

Cafe.

Carpenter shop.

Cinema or theater.

Conservatory.

Dancing academy.

Dressmaking or millinery store.

Exercise club.

Library.

Lunchroom.

Medical uses as defined in section 10-3-100 of this chapter that comply with section 10- 3-1620.1 of this article and cosmetic spas that comply with section 10-3-1620.2 of this article.

Office.

Paint, paperhanger, or decorating shop or store.

Parking garage.

Photography gallery.

Plumbing shop.

Private training center of no more than three thousand (3,000) square feet of floor area in the business triangle and two thousand (2,000) square feet of floor area outside the business triangle.

Roofing or plastering store or office.

Shop for the conducting of wholesale or retail business.

Store.

Studio.

Tailor.

Upholsterer.

Any similar use.”
Section 9. The City Council hereby amends Section 10-3-1602 of Article 16 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code as follows:
“10-3-1602: BUILDING RESTRICTIONS:

No building, structure, or improvement shall be erected, constructed, established, altered, or enlarged in zone C-3 which is designed, arranged, or intended to be used or

occupied, and no building now existing or hereafter to be constructed in zone C-3 shall be used or occupied for any purpose other than as:

Cafe.

Carpenter shops.

Church.

Clubhouse.

Commercial garages.

Conservatories.

Dancing academies.

Dressmaking or millinery shops or stores.

Hotel.

Library.

Lunchroom.

Medical uses as defined in section 10-3-100 of this chapter that comply with section 10- 3-1620.1 of this article and cosmetic spas that comply with section 10-3-1620.2 of this article.

Offices.

Paint, paperhanger, and decorating stores.

Photographic galleries.

Places of amusement.

Playground.

Plumbing shops.

Roofing or plastering stores or offices.

School.

Store or shop for conducting wholesale or retail businesses.

Studios.

Tailors.

Upholsterers.

The following uses shall be prohibited in the C-3 Zone:

Adult hotels/motels and sexual encounter centers as defined in section 10-3-2771 of this chapter.

Automatic machine self-service type laundries containing more than five (5) machines of the usual household type or larger.

Dyeing establishments.

Hospitals in which patients are permitted to remain overnight.

Machine laundries.

Public and private stables.

Rug cleaning establishments.

Sanatoriums in which patients are permitted to remain overnight.

Self-service laundries.

Sheet metal shops.

Steam laundries.

Undertaking establishments.”
Section 11. The City Council hereby amends Section 10-3-1701 of Article 17 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code as follows:
“10-3-1701: USES PERMITTED:

No lot, premises, building or portion thereof in zone C-3A shall be used for any purpose other than as a:

Cafe.

Carpenter shop.

Cinema.

Conservatory.

Dancing academy.

Dressmaking or millinery store.

Exercise club.

Library.

Lunchroom.

Medical uses as defined in section 10-3-100 of this chapter that comply with section 10- 3-1620.1 of this article and cosmetic spas that comply with section 10-3-1620.2 of this article.

Office.

Paint, paperhanger, and decorating shop or store.

Photograph gallery.

Plumbing shop.

Private training center of no more than two thousand (2,000) square feet of floor area.

Retail tailor.

Roofing or plastering store or office.

Store or shop for the conducting of wholesale or retail business.

Studio.

Theater.

Upholsterer.

Or similar use.”
Section 12. The City Council hereby repeals Section 10-3-1703 of Article 17 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code in its entirety.

Section 13. The City Council hereby repeals Section 10-3-1803 of Article 18 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code in its entirety.

Type Of Use Required Spaces

1. Hotels 1 space per rentable room or unit

2. Theaters, auditoriums, and
public assembly areas with fixed
seats, including, but not limited to,
1 space per 4 seats

churches and schools above the
elementary level

3. Elementary schools and
childcare uses other than family
daycare homes
1 space per classroom

4. Public assembly areas without
fixed seats
1 space per 28 square feet of such area

5. Eating and bar facilities located
in the Business Triangle
1 space per 350 square feet of floor area

6. Eating and bar facilities located
outside the Business Triangle that
are less than 3,000 square feet
1 space per 350 square feet of floor area

7. Open air dining on public
property and on privately owned
portions of the Robertson
Boulevard sidewalk
No additional parking required

However, 25 percent of the spaces required to be
provided for a building or structure by subsections B1
and B10 of this section may also be applied toward the
requirements of this subsection

10. Commercial uses not otherwise
specified in this section
1 space per 350 square feet of floor area

11. Medical offices as defined in
section 10-3-100 of this chapter,
including all areas devoted to
administrative or reception
purposes
1 space per 350 square feet of floor area; provided
buildings constructed before December 6, 1989, that
received building permits before December 16, 2005, to
restripe parking areas to increase the number of parking spaces and permit additional medical floor area in the
building, shall maintain on site free validated valet
parking for all medical patrons and maintain posted
signage in the parking garage and in or adjacent to all medical offices indicating the availability of free
validated valet parking for medical office patrons as
required by the zoning code at the time such projects

were permitted. Any building area converted to medical
use on or after December 16, 2005, which relies on a
valid restripe permit shall also comply with the above
requirements.

12. Manufacturing uses 1 space per 500 square feet of floor area

13. Warehouse uses 1 space per 1,500 square feet of floor area

14. Exercise club 1 space per 100 square feet of floor area

For private training centers located outside the Business Triangle: 1 space per 200 square feet of floor area.

city's parking requirements in effect on February 21,
1961, but cannot satisfy the 1 space per 200 square feet of floor area requirement as provided by this subsection may convert commercial space to medical laboratory
space upon the granting of a minor accommodation
pursuant to the minor accommodation requirements set
forth in this subsection.
a. Minor Accommodation: Where specified reduced parking for medical laboratory uses may be authorized under this subsection through the granting of a minor accommodation, the director of
planning and community development may, pursuant to
the provisions of article 36 of this chapter, permit such reduced parking provided the director of planning and
community development finds that the number of
parking spaces in the building has been maximized to the extent feasible and that the proposed reduction in
parking will not have a significant adverse effect on
traffic and parking in the area due to any of the
following:
(1) The size or configuration of the building or portion thereof housing the proposed medical laboratory;
(2) The number and size of the loading areas on the site; (3) The nature and number of deliveries for the proposed medical laboratory;
(4) The proximity of the proposed medical laboratory to schools and parks;
(5) The proximity of the proposed medical laboratory to neighboring residential areas;
(6) The existing concentration of other commercial
operations in the vicinity of the proposed medical
laboratory;
(7) The hours of the operation for the proposed medical laboratory
b. General Prohibition: Notwithstanding any of the provisions of this subsection B16, under no circumstances shall a building located
within 100 feet of a public school or active park be
permitted to provide parking at a ratio of less than 1
regular stall size space per 200 square feet of floor area.

Section 17. 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.

Adopted:

Effective:

LILI BOSSE
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 GEORGE CHAVEZ
City Attorney City Manager

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.

CITY OF BEVERLY HILLS )
I, KAREN MYRON, Recording Secretary of the Planning Commission of the City of Beverly Hills, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. 199 duly passed, approved and adopted by the Planning Commission of said City at a meeting of said Commission on July 28, 2022, and thereafter duly signed by the Secretary of the Planning Commission, as indicated; and that the Planning Commission of the City consists of five (5) members and said Resolution was passed by the following vote of said Commission, to wit:

AYES: Commissioners Wolfe, Kaplan, Ostroff, Vice Chair Ross, Chair Demeter NOES: None
ABSTAIN: None
ABSENT: None
________________________________

KAREN MYRON
Recording Secretary of the
Planning Commission
City of Beverly Hills, California

Certificate Of Completion
Envelope Id: 94C6762BCE714DEA9AE9622C0C623767 Status: Completed Subject: Please DocuSign: PC Reso 1996 - Medical Use Ordinance.pdf Source Envelope:

Document Pages: 26 Signatures: 5 Envelope Originator:

Certificate Pages: 2 Initials: 0 Karen Myron
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455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.166
Record Tracking
Status: Original
8/2/2022 6:09:33 PM
Holder: Karen Myron
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Myra Demeter, Ph.D.
[email protected]
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COMM DEV COMMISSION SPECIALIST,

CD-PLANNING
City of Beverly Hills
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Attachment 4
Urgency Ordinance No. 20-O-2826
ORDINANCE NO. 20-O- 2826

AN URGENCY ORDINANCE OF THE CITY OF

BEVERLY HILLS MODIFYING MEDICAL USE

REGULATIONS FOR CERTAIN COMMERCIAL

ZONES IN THE CITY AND DECLARING THE

URGENCY THEREOF

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

WHEREAS, international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named "S ARSCoV-2", and the disease it causes has been named "coronavirus disease 2019", abbreviated COVID-19 ("C0VID.19"); and
WHEREAS, the Califomia Department of Public Health and the Los Angeles County Department of Public Health have all issued orders including, but not limited to, social distancing, staying home if sick, canceling or postponing large group events, working from home, and other precautions to protect public health and prevent transmission of this communicable virus; and WHEREAS, the ongoing COVID-19 global pandemic has required significant changes to the operations of businesses in the restaurant, retail, office, and service industries. This shift in operations has resulted in negative economic impacts, including the closure of businesses in the City of Beverly Hills, the substantial shrinkage of revenue in certain sectors, and the loss of jobs; and
WHEREAS, demand for brick-and-mortar office and commercial spaces has decreased, and further economic changes affecting commercial leasing demand are expected, while the demand for medical use space has remained more consistent and medical uses are more insulated from economic downturns; and
WHEREAS, modifying the medical use restrictions will provide commercial landlords with greater flexibility to lease vacated commercial spaces, which may enable greater economic stability during the ongoing COVID-19 pandemic; and
WHEREAS, in the interest of public peace, health and safety, as affected by the emergency caused by the spread of COVID-19, it is necessary for the City Council to exercise its authority to issue these regulations related to the protection of the public peace, health or safety.

Section 1. Authority.

Pursuant to Government Code Section 65858, the City Council may adopt, as an urgency measure, an interim ordinance to protect the public safety, health, and welfare to prohibit an uses that may be in conflict with a zoning proposal that the legislative body, planning commission or the planning department is considering or studying or intends to study within a reasonable time.

Section 2. CEQA Findings.

This Ordinance and the Amendments 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 City Council finds that adoption of the Amendments will not have a significant environmental impact and is exempt from CEQA pursuant to Section 15305 of Title 14 of the California Code of Regulations because the Amendments represent minor alterations in land use limitations and do not result in any changes in land use or density. Further, the commercial areas of the City in which medical uses are allowed have average slopes of not more than 20 percent.

Section 3. The City Council hereby amends Section 10-3-1620.1 of Article 16 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code as follows:
"10-3-1620.1: MEDICAL USES:

A. Notwithstanding the provisions of sections 10-3-1601 and 10-3-1602 of this chapter, buildings that received a certificate of occupancy from the city prior to February 11, 2011, may be used for medical uses provided that either: 1) the amount of floor area occupied by medical uses does not exceed the amount of floor area occupied by legally permitted medical uses on February 11,2011, or 2) the building is located in a medical overlay zone and the medical uses are approved as part of a planned development. Notwithstanding section 10- 3-4101 of this chapter, medical uses may relocate within the building provided that the total amount of floor area occupied by medical uses does not increase beyond the amount of floor area occupied by lawfully permitted medical uses on February 11, 2011.

B. Notwithstanding subsection A of this section and section 10-3-4101 of this chapter, building owners of buildings that received a certiflcate of occupancy from the city prior to February 11, 2011, may add up to six thousand (6,000) square feet of medical uses to the building by converting general office space to a medical use, even though the building is not located in a medical overlay zone, if all of the following conditions are met:

1. The building is located on property in one of the following commercial zones: C-3, C-3T-1, C-3T-2, C-3T-3, C-R-PD, C-R, C-3A, C-3B, or E-O-PD. -3-

2. If the property is located in the pedestrian oriented area, as defined in section 10-3-1653 of this chapter, the community development director issues a minor accommodation pursuant to the provisions of article 36 of this chapter to authorize a medical use to occupy a space in a pedestrian oriented area provided that all other requirements of this section are met and the director makes all of the findings pursuant to subsection 10-3-1655A of this chapter.

3. The building contains one or more legal medical uses prior to application for either a building permit or minor accommodation pursuant to this section.

4. No new medical uses are located on the ground floor within the pedestrian oriented area. For development located outside of the pedestrian oriented area, no new medical uses are located within the first forty feet (40') measured from the front building facade, on the ground floor of any building with a depth of one hundred feet (ICQ') or greater. For buildings with a depth of less than one hundred feet (100') and that are located on irregularly shaped lots, medical uses may be permitted in all or part of the first forty feet (40') upon a finding by the director of community development that: a) all other provisions of this subsection B have been met and b) the proposed expansion of medical use does not adversely impact surrounding development. Facades facing a "side street", as defined in section 10-3-100 of this chapter, shall not be considered a front building facade for purposes of this section.

5. Parking for the new medical use is provided pursuant to the requirements of section 10-3-2730 of this chapter or pursuant to a restriping permit issued before December 16, 2005.

6. No existing floor area may be removed, demolished or vacated to satisfy the parking requirements for a medical use.

7. The medical use complies with the restrictions of the zone or underlying zone.

8. The additional space shall not be occupied by a "specialty clinic" as defined in section 10-3-1604.5 of this article.

9. The building owner has submitted documentation in form and content satisfactory to the Director of Community Development that the proposed medical use meets the conditions of this subsection B.

C. Notwithstanding the provisions of section 10-3-4101 of this chapter, a legal nonconforming medical use located in a building that has been damaged by a disaster to the extent of more than fifty percent (50%) of its replacement value, may be reestablished without application of the Medical Use Overlay Zone, provided the reconstructed building complies with applicable zoning standards, including parking requirements, in place at the time a building permit is issued for the replacement building. In no event shall the amount of floor area occupied by nonconforming medical uses in the replacement building exceed the floor area that would have been permitted in the damaged building. -5-
D. In order to implement the requirements of this section, no building owner shall utilize the provisions set forth in this section to relocate or expand medical uses unless the building owner has submitted documentation to the Director of Community Development, in form and content satisfactory to the Director, documenting the amount of floor area occupied by legally permitted medical uses on February 11,2011. Such documentation shall be provided no later than August 11, 2011, or the provisions of this section shall not be available to the building owner. This date may be extended by the Director. Additionally, if the submitted documentation includes any false statements or misrepresentations, then the building owner shall not be able to utilize the provisions of this section.

E. The City Council may, by resolution, establish fees for reviews and approvals required by this section.

F. Notwithstanding any other provision in this section, a cosmetic spa permitted pursuant to section 10-3-1620.2 of this article is not subject to the regulations of this section.

G. Interim Allowance for the Establishment of New Medical Uses:

Notwithstanding any other provision in this section, conversion of existing commercial spaces that have received certificates of occupancy from the city may be converted to a medical use, as defined in section 10-3-100 of this chapter upon meeting the following conditions:
-6-

1. The building is located on property in one of the following commercial zones: C-3, C-3T-1, C-3T-2, C-3T-3, C-R-PD, C-R, C-3A, C-3B, or E-O-PD.

2. The medical use is not located on the ground floor of the building.

3. Notwithstanding the provisions contained in Article 27 of this code, Parking for medical uses established under the interim regulations contained in this Section G shall require one parking space per 350 square feet of floor area.

4. No existing floor area may be removed, demolished or vacated to satisfy the parking requirements for a medical use.

5. The additional space shall not be occupied by a "specialty clinic" as defined in section 10-3-1604.5 of this article.

A. At the time of the erection of a structure or the establishment of a use, there shall be provided and thereafter maintained off street parking facilities to accommodate the motor vehicles used by the occupants, customers, clientele, and employees of such structure or use as provided in this article. Such off street parking spaces shall be used exclusively for off street parking purposes. For any structure or use enlarged or increased in capacity, additional parking facilities shall be required only for such enlargement or increase.

However, any interior alteration or interior enlargement of an existing structure or use, other than a dwelling, shall not require additional parking to be provided if the alteration or enlargement does not increase the total parking requirement for all uses in the structure by more than two (2) spaces above the amount of parking required for the entire structure on May 22, 1970.

B. The aggregate amount of required parking space for each type of use shall be not less than the following:

Type Of Use Required Spaces

1. Hotels 1 space per rentable room or unit

2. Theaters, auditoriums, and
public assembly areas with fixed
seats, including, but not limited to,
churches and schools above the
elementary level
1 space per 4 seats

3. Elementary schools and
childcare uses other than family
daycare homes
1 space per classroom

4. Public assembly areas without
fixed seats
1 space per 28 square feet of such area

5. Eating and bar facilities located
in the Business Triangle
1 space per 350 square feet of floor area

6. Eating and bar facilities located
outside the Business Triangle that
are less than 3,000 square feet
1 space per 350 square feet of floor area

7. Open air dining on public
property and on privately owned
portions of the Robertson
Boulevard sidewalk
No additional parking required

9. Eating and bar facilities not
governed by subsections B5
through B8 of this section
1 space per 350 square feet of floor area for the first 3,000 square feet of such area and 1 space per 100
square feet of floor area in excess of 3,000 square feet.

However, 25 percent of the spaces required to be
provided for a building or structure by subsections B1
and B11 of this section may also be applied toward the
requirements of this subsection

10. Commercial uses not otherwise
specified in this section
1 space per 350 square feet of floor area

11. Medical offices as defined in
section 10-3-100 of this chapter,
including all areas devoted to
administrative or reception
purposes
1 space per 200 square feet of floor area; provided
buildings constructed before December 6,1989, that
received building permits before December 16, 2005, to
restripe parking areas to increase the number of parking spaces and permit additional medical floor area in the
building, shall maintain on site free validated valet
parking for all medical patrons and maintain posted
signage in the parking garage and in or adjacent to all medical offices indicating the availability of free
validated valet parking for medical office patrons as
required by the zoning code at the time such projects
were permitted. Any building area converted to medical
use on or after December 16, 2005, which relies on a
valid restripe permit shall also comply with the above
requirements.

Any medical uses established pursuant to the regulations set forth in Subsection G of 10-3-1620.1 shall require 1 space per 350 square feet of floor area.

12. Manufacturing uses 1 space per 500 square feet of floor 2irea

13. Warehouse uses 1 space per 1,500 square feet of floor area

14. Exercise club 1 space per 100 square feet of floor area

15. Private training centers 1 space per 200 square feet of floor area. Provided, however, that if a private training center of more than 2,000 square feet of floor area is located in a building which has at least 1 parking space per 350 square feet of floor area, then the planning commission, as part of the issuance of a conditional use permit, may reduce the
amount of required parking for a private training center to an amount no less than 1 parking space per 350 square feet of floor area. The planning commission shall not,
however, approve any reduction in the required parking
unless the planning commission determines that such
reduction will not unreasonably burden the parking
supply of the building
16, Medical laboratories as defined
under section 10-3-100 of this
chapter
1 space per 200 square feet of floor area. Buildings
constructed on or after July 1,1999, may provide
parking for medical laboratory uses at a ratio that is less than 1 space per 200 square feet of floor area upon the granting of a minor accommodation pursuant to the
minor accommodation requirements set forth in this
subsection and provided the parking ratio for the
building is at least 1 space per 350 square feet of floor area. Buildings constructed before July 1,1999, which
have an existing parking ratio that satisfies the city's parking requirements in effect on February 21, 1961,
may satisfy the 1 space per 200 square feet of floor
area requirement for any new medical laboratory use by
any combination of tandem and compact spaces and
restriping provided an on site parking attendant is
present at all times during which access to the site is permitted. Any building constructed before July 1, 1999, which has an existing parking ratio that satisfies the
city's parking requirements in effect on February 21,
1961, but cannot satisfy the 1 space per 200 square feet of floor area requirement as provided by this subsection may convert commercial space to medical laboratory
space upon the granting of a minor accommodation
pursuant to the minor accommodation requirements set
forth in this subsection.

Any medical uses established pursuant to the regulations set forth in Subsection G of 10-3-1620.1 shall require 1 space per 350 square feet of floor area.
a. Minor Accommodation: Where specified reduced parking for medical laboratory uses may be authorized under this subsection through the granting of a minor accommodation, the director of
planning and community development may, pursuant to
the provisions of article 36 of this chanter, permit such reduced parking provided the director of planning and
community development finds that the number of
-10-
parking spaces in the building has been maximized to the extent feasible and that the proposed reduction in
parking will not have a significant adverse effect on
traffic and parking in the area due to any of the
following:
(1) The size or configuration of the building or portion thereof housing the proposed medical laboratory;
(2) The number and size of the loading areas on the site; (3) The nature and number of deliveries for the proposed medical laboratory;
(4) The proximity of the proposed medical laboratory to schools and parks;
(5) The proximity of the proposed medical laboratory to neighboring residential areas;
(6) The existing concentration of other commercial
operations in the vicinity of the proposed medical
laboratory;
(7) The hours of the operation for the proposed medical laboratory
b. General Prohibition: Notwithstanding any of the provisions of this subsection B17, under no circumstances shall a building located
within 100 feet of a public school or active park be
permitted to provide parking at a ratio of less than 1
regular stall size space per 200 square feet of floor area 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. -11-
Section 6. Approval and Extension of Ordinance
This Ordinance, being an Interim Ordinance adopted as an urgency measure for the immediate protection of the public safety, health, and general welfare, containing a declaration of the facts constituting the urgency, and passed by a minimum four-fifths (4/5) vote of the City Council, shall take effect immediately upon its adoption and shall continue in effect for a period of not longer than forty-five (45) days. After notice pursuant to Section 65090 of the California Government Code and public hearing, the City Council may extend the effectiveness of this Interim Ordinance as provided in Government Code Section 65858.

Section 7. Publication.

The City Clerk shall certify to the adoption of this Ordinance and shall cause this Ordinance and his certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City.

ADOPTED: November 17, 2020
AT^ST:
(SEAL)

HUMA AHMED
City Clerk
APPROVED AS TO FORM:

LAURENCE S. WIENER
City Attorney
LESTER J. FRIEDMAN
Mayor of the City of Beverly Hills,
California
APPROVED AS TO CONTENT;
georgechavez
City Manager
-12-
Attachment 5
Ordinance No. 20-O-2831
ORDINANCE NO. 20-0- 2831

AN ORDINANCE OF THE CITY OF BEYERL Y HILLS
EXTENDING URGENCY ORDINANCE NO. 20-0-2826

MODIFYING MEDICAL USE REGULATIONS FOR CERTAIN

COMMERCIAL ZONES IN THE CITY, AND DECLARJNG

THE URGENCY THEREOF

THE CITY COUNCIL OF THE CITY OF BEYERL Y HILLS HEREBY ORDAINS AS FOLLOWS:

Section 1. Legislative Findings,
The City Council of the City of Beverly Hills finds and determines that the ongoing COVID-19 global pandemic has required significant changes to the operations of businesses in the restaurant, retail, office, and service industries. This shift in operations has resulted in negative economic impacts, including the closure of businesses in the City of Beverly Hills, the substantial shrinkage of revenue in certain sectors, and the loss of jobs. The demand for brickand-mortar office and commercial spaces has decreased, and further economic changes affecting commercial leasing demand are expected, while the demand for medical use space has remained more consistent and medical uses are more insulated from economic downturns. The City Council finds and determines that modifying the medical use restrictions will provide commercial landlords with greater flexibility to lease vacated commercial spaces, which may enable greater economic stability during the ongoing COVID-19 pandemic. Any vacant commercial space and associated blight resulting from declining businesses would create significant risk to the public, health, safety and general welfare of the City. As such, the City Council wishes to consider changes to the medical use regulations in commercial areas of the City.

Because the public process of adopting these ordinances may be lengthy, and to prevent the increase in vacant commercial spaces in the intervening period, the City Council adopted Ordinance No. 20-0-2826, an interim ordinance that took effect immediately on November 17, -1-
B0785-000912480338L.do¢
2020, (the "Interim Ordinance"). The Interim Ordinance changes the medical use regulations for commercial areas of the City.

Section 2. Authority.

Pursuant to Government Code Section 65858, the City Council may adopt, as an urgency measure, an interim ordinance that prohibits any uses that may be in conflict with a contemplated zoning proposal that the City Council is considering, studying, or intends to study within a reasonable period of time. After public notice, the City Council may extend the interim ordinance by a period of ten (10) months and fifteen (15) days, pursuant to Government Code Section 65858. Notice of the public hearing at which the City Council considered adopting this extension ordinance was duly published on November 27, 2020 in the Beverly Hills Courier, and on November 26, 2020 in the Beverly Hills Weekly.

Section 3. Urgency Findings.

Such business closures and capacity limits and the resulting economic impact are affecting landlords' ability to rent out vacant commercial space, which may cause blight and economic instability, and thus places the public health, safety, and general welfare at risk during the Council's review and consideration ofpennanent regulations. To preserve the public health, safety, and general welfare, the City Council declares it necessary that this Ordinance take immediate effect to prevent these harms.
-2-
B0785.-0009\2480338vL.doc
Section 4. CEOA Findings.

The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption and implementation of the Interim Ordinance or extension thereof may have a significant effect on the environment. This extension of the Interim Ordinance does not authorize construction and, in fact, represents minor alterations in land use limitations and does not result in any changes in land use or density in order to protect the public health, safety. and general welfare. This extension is therefore exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to Section 1506l(b)(3) of Title 14 of the California Code of Regulations.

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 fully force and effect.

Section 6. Approval and Extension of Ordinance.

This Ordinance, adopted as an urgency measure for the immediate protection of the public safety, health, and general welfare, containing a declaration of the facts constituting the urgency, and passed by a minimum four-fifths (4/5) vote of the City Council, shall take effect immediately upon its adoption and shall amend and extend the effect of the Interim Ordinance for a period of ten (I 0) months and fifteen (15) days. After notice pursuant to Section 65090 of the California Government Code and public hearing, the City Council may extend the effectiveness of the Interim Ordinance for an additional one year period, as provided in Government Code Section 65858.
-3-
B0785-0009\2480338v.doc
Section 7. Publication.

The City Clerk 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.

ADOPTED: December 8, 2020
-
LESTER J. FRIEDMAN
Mayor of the City of Beverly Hills,
California
ATTEST:
el.». #%,%es

HUM AHMED
City Clerk
APPROVED AS TO FORM:

LAURENCE S. WIENER
City Attorney
-4-
0785-0009\2480.338vL.doc
APPROVED AS TO CONTENT:

EZ
City Manager
ire(or of Community Detelopment
Attachment 6
Ordinance No. 21-O-2852
ORDINANCE NO. 21-0- 2852
-------

AN ORDINANCE OF THE CITY OF BEYERL Y HILLS EXTENDING
URGENCY ORDINANCE NO. 20-0-2826 MODIFYING MEDICAL

USE REGULATIONS FOR CERTAIN COMMERCIAL ZONES IN

THE CITY, AND DECLARING THE URGENCY THEREOF

THE CITY COUNCIL OF THE CITY OF BEYERL Y HILLS HEREBY ORDAINS AS FOLLOWS:

Section 1. Legislative Findings.

The City Council of the City of Beverly Hills finds and determines that the ongoing COYID-19 global pandemic has required significant changes to the operations of businesses in the restaurant, retail, office, and service industries. This shift in operations has resulted in negative economic impacts, including the closure of businesses in the City of Beverly Hills, the substantial shrinkage of revenue in certain sectors, and the loss of jobs. The demand for brick-and-mortar office and commercial spaces has decreased, and further economic changes affecting commercial leasing demand are expected, while the demand for medical use space has remained more consistent and medical uses are more insulated from economic downturns. The City Council finds and determines that modifying the medical use restrictions will provide commercial landlords with greater flexibility to lease vacated commercial spaces, which may enable greater economic stability during the ongoing COYID-19 pandemic. Any vacant commercial space and associated blight resulting from declining businesses would create significant risk to the public, health, safety and general welfare of the City. As such, the City Council wishes to consider changes to the medical use regulations in commercial areas of the City. -1-
80785-0001 \2587231v1.doc
Because the public process of adopting these ordinances may be lengthy, and to prevent the increase in vacant commercial spaces in the intervening period, the City Council adopted Ordinance No. 20-0-2826, an interim ordinance that took effect immediately on November 17, 2020, (the "Interim Ordinance"). The Interim Ordinance changes the medical use regulations for commercial areas of the City. The City Council subsequently extended the Interim Ordinance via adoption of Ordinance No. 20-0-2831, for an additional ten (10) months and fifteen (15) days.

Section 2. Authority.

Pursuant to Government Code Section 65858, the City Council may adopt, as an urgency measure, an interim ordinance that prohibits any uses that may be in conflict with a contemplated zoning proposal that the City Council is considering, studying, or intends to study within a reasonable period of time. After public notice, the City Council may extend the interim ordinance by a period of one year (12 months), pursuant to Government Code Section 65858. Notice of the public hearing at which the City Council considered adopting this extension ordinance was duly published on October 15, 2021 in the Beverly Hills Courier, and on October 21, 2021 in the Beverly Hills Weekly.

Section 3. Urgency Findings.

The City Council finds and determines that failing to implement immediate changes to its medical use regulations in commercial areas of the City would result in an immediate threat to the public health, safety, and general welfare. As described in Section 1, the COVID-19 pandemic and the resulting closures of non-essential businesses and capacity limits on businesses is affecting the viability of City businesses and the City faces an increase in vacant commercial space. -2-
B0785-0001 \2587231vl.doc
Such business closures and capacity limits and the resulting economic impact are affecting landlords' ability to rent out vacant commercial space, which may cause blight and economic instability, and thus places the public health, safety, and general welfare at risk during the Council's review and consideration of permanent regulations. To preserve the public health, safety, and general welfare, the City Council declares it necessary that this Ordinance take immediate effect to prevent these harms.

Section 4. CEQA Findings.

This extension is therefore exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to Section 1506l(b)(3) and 15305 of Title 14 of the California Code of Regulations.

Section 5. Severability.

Section 7. Publication.

ADOPTED: October 26, 2021
City Clerk
APPROVED AS TO FORM:

LAURENCE S. WIENER
City Attorney
80785-0001 \2587231v1.doc
-4-
ROBERT
~(J~ WUNDERLICH
Mayor of the City of Beverly Hills,
California
APPROVED AS TO CONTENT:

City Manager
Attachment 7
Public Comment
8700 Beverly Boulevard Office: 310.423.5000 cedars-sinai.org Los Angeles, CA 90048
July 26, 2022
Chair Myra Demeter, Ph.D. and Honorable Commissioners
Beverly Hills Planning Commission
455 North Rexford Drive
Beverly Hills, California 90210
Dear Planning Commissioners,
I write to you today regarding the City Planning Commission’s consideration of the proposed draft ordinance to amend the City of Beverly Hills municipal code sections related to medical use regulations. As a proud partner with the City for many years, Cedars-Sinai Medical Center supports the City’s consideration of updates to its medical use regulations and urges the Planning Commission to consider the changes to improve the draft regulations to provide greater access to healthcare in Beverly Hills.

The healthcare landscaping is ever-changing, and we believe it important that the City’s medical use regulations keep pace with those evolutions. As has been made clear over the past few years, improved access and best-in-class care are paramount to the healthcare industry. Hospitals across the country have been operating above and beyond their capacities and patient demand continues to grow. A view of the current environment makes clear that healthcare providers and municipalities must look to innovative ways to provide their communities with increased access high-quality care.

To that end, I urge that the Planning Commission strongly consider permitting ground floor medical uses. I am aware that several Commissioners and City Councilmembers have expressed support for this option as it would activate vacant storefronts and allow increased access for patients to much-needed medical care.

We are seeing significant growth in ambulatory care, in part because of the rapid advances in medical technology, but also because the ambulatory care setting provides a means to improve access to quality care, advance clinical technology, and address patient demand for lower costs — all while reducing the potential to over-burden hospitals. Many procedures that were once only able to be performed in the hospital inpatient setting can now safely occur in physician offices and other ambulatory care settings, all while increasing access to, and reducing the costs of, care. As a result, I respectfully request that the Planning Commission increase the allowance of ambulatory surgery centers from the contemplated 10% of the overall floor area of a suite to 50% of the overall floor area of a suite.
8700 Beverly Boulevard Office: 310.423.5000 cedars-sinai.org Los Angeles, CA 90048
Residents of Beverly Hills deserve increased access to lower-cost, high-quality care. Revising the City’s medical use regulations to build in flexibility to adapt to healthcare innovations and the evolution of healthcare clinics will help provide that access. Again, we applaud the City’s efforts to review and revise its medical use regulations and ask that you consider how the proposed draft ordinance can accomplish that goal.

Sincerely,
Richard B. Jacobs
Executive Vice President
Chief Strategy Officer
11/16/2020 Medical Use Changes to restrictions
https://mail.beverlyhills.org/owa/projection.aspx 1/2
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City of Beverly Hills: Notification Regarding City Council Discussion on Medical Uses -

UPDATED DATE
Ms, Chen I am Robert Flores I and my 2 other brothers jointly on residential property near a small corner mall.

The residence is at
We would like to be on record as opposed to the changes to commercial property parking regulations for
Medical uses as a general rule. The problem arises in cases where the lot is about 80ft x 200ft, as in our nearby commercial lot on LaPeer Dr and Olympic or other smaller lots. A Medical facility would overwhelm the parking and traffic around in the streets in and next to such a facility.

We are not opposed to lifting the restrictions on Lots where the the sq footage is greater than
double of my example 32,000 sq ft or more. In that case parking and traffic issues are far less.

Thank you for your attention
Robert Flores
Andres Flores
Julio Flores
Medical Use Changes to restrictions
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Fri 11/13/2020 6:18 PM
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1 Via Email Only
October 5, 2020
Beverly Hills City Council
City of Beverly Hills
455 North Rexford Drive
Beverly Hills, CA 90210
Dear Honorable Mayor Friedman and Members of the Beverly Hills City Council:

We write to you regarding the City’s reevaluation of its medical overlay ordinance which generally restricts the amount of commercial space available for medical uses.

The Chamber is supportive of eliminating the current restrictions on medical use and believes that the City should generally let the market dictate commercial uses. Additionally, relaxing restrictions on medical use can also help fill vacancies caused by the pandemic and could also further support a medical tourism industry. As part of any change, the Chamber recommends that parking requirements for medical use be adjusted to match the requirements for other office uses and that medical use on the ground floor be permitted on streets such as N. Linden, N. Bedford and N. Roxbury Drives as well as other streets where ground floor medical use is already in existence.

We believe these changes will give our City greater flexibility in filling commercial vacancies and continue to make Beverly Hills a great place to be.

Thank you.

Sincerely,
Todd Johnson
President and CEO
Beverly Hills Chamber of Commerce

8635 West 3rd Street, Suite 1 West, Los Angeles CA 90048 Phone: (310) 854-9898 Fax: (310) 854-0267
www.towerurology.com
DUDLEY SETH DANOFF, M.D.

STEPHEN A. SACKS, M.D.

NORMAN J. NEMOY, M.D.

SHARRON L. MEE, M.D.

ARNOLD C. CINMAN, M.D.

GARY E. LEACH, M.D.

MATTHEW BUI, M.D., PH.D.

CHRISTOPHER S. NG, M.D.

DAVID Y. JOSEPHSON, M.D.

PREMAL DESAI, M.D.

SHRAGA DAVID KATZ, PA-C

AZITA PAKRAVAN

CHIEF EXECUTIVE OFFICER

UROLOGIC SURGERY

UROLOGIC ONCOLOGY

LAPAROSCOPIC SURGERY

ROBOTIC SURGERY

ENDOUROLOGY

LITHOTRIPSY

FEMALE UROLOGY

INCONTINENCE

KIDNEY TRANSPLANTATION

PEDIATRIC UROLOGY

GENITAL RECONSTRUCTION

SEXUAL DYSFUNCTION

INFERTILITY

UROLOGIC IMAGING

LABORATORY SERVICES
Mayor Friedman and Honorable Councilmembers
City of Bevery Hills
455 North Rexford Drive
Beverly Hills, CA 90210
October 12, 2020
Dear Mayor Friedman and Honorable Councilmembers,
For the past 15 years I have treated the residents of Beverly Hills and surrounding communities from my offices at Tower Urology on West 3rd Street and from the Surgery Centers that I operate at on North Roxbury Drive. I write today to express my support for the measures before the City Council that would relax current restrictions and permit the opening of new medical office space in Beverly Hills. This would provide us a flexible new tool to better and more safely respond to the medical needs of our patients at a time when medical care is more important than ever.

As a physician, I have witnessed first-hand the impact
COVID-19 has had on our community. At the height of the pandemic, we halted elective procedures and patients no longer came into our offices for routine medical visits and checkups, helping to limit the spread of the virus among patients and health care workers.

However, as patients have begun to return, this backlog of cases, together with the ongoing pandemic, means our community's medical needs are greater than ever. Increasing the amount of medical office space available in the City will permit an increase in the number of primary-care doctors serving our residents and will help satisfy our community's medical needs.
8635 West 3rd Street, Suite 1 West, Los Angeles CA 90048 Phone: (310) 854-9898 Fax: (310) 854-0267
www.towerurology.com
Finally, as patients return with new norms regarding social distancing and regulations limiting social interaction remain in place, we find we need more office space than ever to operate safely.

At my own offices, we have hired new employees to deal with patient flow prior to coming into our waiting room, spaced out our employees at reception, limited the capacity of our waiting rooms, and seek to treat patients in large exam rooms with better ventilation. However, maintaining a safe social distance is not always possible in our current space. Thus, increasing medical office space in the City will permit some physicians to move their practices to smaller, more versatile office spaces that can be more easily configured to deal with COVID's unique challenges.

Presently, medical office space in Beverly Hills is limited, making this flexible reconfiguration more difficult to implement.

Allowing added medical office space will provide our physicians with the space they need to safely serve our community while also improving access to medical care for the City's residents, including the vulnerable and least mobile who, with an expanded network of local doctors, could now seek care in our own community.

Thank you for your continued work on this important effort.

Very truly yours,
David Josephson, MD FACS

2 (6) During the Commercial Tenant Eviction Moratorium discussion, two of the largest landlords stated they controlled 50% of the market.

Further, a single medical REIT stated it owned five buildings in the Triangle, meaning that three landlords control 65% of the commercial office market.

Is that healthy for the independent medical professionals, much less the City? (7) Should anti-trust issues be examined for the amount of commercial office space controlled in Beverly Hills by both the landlords and the large medical systems?

Lastly, if Council directs more discussion, it is suggested that a panel of independent medical professionals be established to help guide the Council to protect the interests of this very important market segment.

Thank you for your consideration.

Steve Mayer

Beverly Hills City CouncilSeptember 12, 2022

Beverly Hills City Council
September 12, 2022