70580296v2
A Limited Liability Law Partnership Including Corporations / Los Angeles • San Francisco • Orange County Benjamin M. Reznik
[email protected]
1900 Avenue of the Stars, 7th Floor
Los Angeles, California 90067-4308
(310) 203-8080 (310) 203-0567 Fax
www.jmbm.com
September 12, 2022
BY EMAIL
Mayor Bosse and Members of the Beverly Hills City Council Beverly Hills City Hall
455 N. Rexford Dr.
Beverly Hills, CA 90210
E-Mail: [email protected]
Re: Medical Use Regulations Ordinance
Hearing Date: September 12, 2022 Item E-1
350 Words – To be read at Council hearing
Dear Honorable Mayor Bosse and Members of the Beverly Hills City Council:
Our firm represents Beverly Hills Triangle Medical Plaza, LLC, and we oppose the adoption of the proposed Medical Use Regulations Ordinance. The City has failed to legally evaluate the environmental impacts of the proposed medical uses and the significant change it will have to the vitality of retail, restaurant and office uses in the City. The proposed Ordinance will be a nail in the coffin for commercial growth in the City and will turn the Business Triangle into a large medical office complex. It is time to prepare for the return of business in the Business Triangle, and not to provide incentives to brokers and landlords to exclude it.
History. The City's 2011 ordinance prohibited new medical office uses in Beverly Hills. (Ordinance No. 11-O-2602), based on findings that medical uses were proliferating throughout office buildings, and forcing out companies seeking prime Beverly Hills office space. While medical uses can co-exist with other office tenants, the office tenants cannot co-exist with medical uses. The medical uses have much larger parking and valet demand, have much shorter office visits, and remove the business atmosphere forcing companies to leave.
CEQA. The City violates the California Environmental Quality Act in its failure to evaluate the significant impacts caused by the change of use in the Ordinance. The Minor Alterations exemption does not apply to the Ordinance review for a change of use. Here, the Ordinance proposes to change from commercial office to medical office use in 90% of the existing buildings and 100% of new buildings. The Common Sense exemption does not apply, because medical office use has different standards for parking usage, valet staffing, Vehicle Miles Travelled calculations, office density, employment estimates, frequency of visitors, and other standards. It will clearly cause a potentially significant environmental impact.
Beverly Hills City Council
September 12, 2022
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Conclusion. Therefore, we request that the City deny the proposed Medical Use Regulations Ordinance, because it will destroy the business, retail and restaurant community in Business Triangle in Beverly Hills.
Sincerely,
BENJAMIN M. REZNIK of
Jeffer Mangels Butler & Mitchell LLP
BMR
cc: Timothea Tway ([email protected])
Chloe Chen ([email protected])
Ryan Gohlich ([email protected])
From: Karen Platt
Sent: Thursday, September 8, 2022 10:31 PM
To: Reina Kapadia <[email protected]>
Cc: Shahram Melamed
Subject: Re: City Council to consider ordinance to increase the height of walls, fences, and hedges in Central Area - Monday, 9/12/22
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Could you please forward the following brief comment to the council from the Trousdale Estates Neighborhood Association
Dear Mayor Bosse and City Council Members,
The Trousdale Estates Neighborhood Association is grateful that the existing Trousdale requirements for walls, fences and hedges will remain in place and not be changed by the new ordinance. Thank you for always supporting our neighborhood.
Karen Platt and Shahram Melamed, Co-Presidents TENA
2 Dear Beverly Hills community stakeholder:
You are receiving this email because you are on the City’s interested parties list for the topic of: walls, fences, and hedges heights. I am writing to inform you that at its regular meeting on Monday, September 12, 2022, 7:00 pm, the City Council will introduce for first reading an ordinance to increase the height of walls, fences, and hedges in the Central Area of the city (single-family and multi-family residential zones). The ordinance is titled:
AN ORDINANCE OF THE CITY OF BEVERLY HILLS TO AMEND BEVERLY HILLS MUNICIPAL
CODE SECTIONS RELATED TO THE MAXIMUM ALLOWABLE HEIGHTS FOR WALLS, FENCES,
AND HEDGES IN CERTAIN SINGLE FAMILY AND ALL MULTI-FAMILY RESIDENTIAL AREAS OF THE CITY.
The Planning Commission conducted a public hearing on the item at its regular meeting on July 28, 2022, and recommended the following code amendments, which are included in the draft ordinance:
Single-family residential zones in the Central Area of the city Increase the maximum allowable height of a wall, fence, or hedge located in a rear yard (BHMC §10-3-2420.E)
o Currently allowed: 8 feet (for walls, fences, and hedges) o Recommendation:
10 feet (10’) for walls and fences
16 feet (16’) for hedges
Increase the maximum allowable height for that portion of a wall, fence, or hedge located in a side yard and within five feet (5') of a rear lot line (BHMC §10-3-2420.D) o Currently allowed: 8 feet (for walls, fences, and hedges) o Recommendation:
10 feet (10’) for walls and fences
16 feet (16’) for hedges
Increase the maximum allowable height of a wall, fence, or hedge located in a side yard, but not front yard, that is adjacent to an alley.
o Currently allowed: 7 feet (for walls, fences, and hedges) o Recommendation:
10 feet (10’) for walls and fences
16 feet (16’) for hedges
Multi-family residential zones in the Central Area of the city 3 Increase the maximum allowable height of a wall, fence, or hedge located in a rear yard (BHMC §10-3-2814.E)
o Currently allowed: 8 feet (for walls, fences, and hedges) o Recommendation:
10 feet (10’) for walls and fences
16 feet (16’) for hedges
Increase the maximum allowable height for that portion of a wall, fence, or hedge located in a side yard, but not in a front yard, and located within five feet (5') of a rear lot line (BHMC §10-3-2814.D)
o Currently allowed: 8 feet (for walls, fences, and hedges) o Recommendation:
10 feet (10’) for walls and fences
16 feet (16’) for hedges
Increase the maximum allowable height of a wall, fence, or hedge located in a side yard, but not front yard, that is adjacent to an alley.
o Currently allowed: 7 feet (for walls, fences, and hedges) o Recommendation:
10 feet (10’) for walls and fences
16 feet (16’) for hedges
The draft ordinance would not modify standards for the Hillside Area or the Trousdale Estates Area of the City.
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