Cities Index.
Item D-4 Agenda Report

Beverly Hills City Council
September 20, 2022

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Item D-4 Agenda Report
Meeting
September 20, 2022
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Beverly Hills City Council
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Text extracted from the city's file for reading and search. Open the original on beverlyhills.granicus.com. That file is the official record.

BEVERLY
IL

AGENDA REPORT
Meeting Date: September 20, 2022Item Number:

To: Honorable Mayor & City Council
From: Laurence S. Wiener, City Attorney
Subject: AN ORDINANCE OF THE CITY OF BEVERLY HILLS TO AMEND BEVERLY

HILLS MUNICIPAL CODE SECTIONS RELATED TO MEDICAL USEREGULATIONS APPLICABLE TO CERTAIN COMMERCIAL ZONES IN THE CITY
Attachments: 1. Ordinance

RECOMMENDATION
It is recommended that the City Council move to waive the full reading and adopt 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”

INTRODUCTION
At its meeting of September 12, 2022, the City Council conducted a first reading of this ordinance and introduced it. At that meeting, the City Council made changes to the ordinance, including (1) further clarification that ambulatory surgical care uses shall only be permitted within one operating room that has a maximum 10% of the total floor area of the overall medical suite floor area, but shall not preclude an operating room of up to 250 square feet; and (2) review ofthe new medical uses provision by the City Council in three years with a report to the City Council every year. These changes have now been incorporated into the ordinance being presented to the City Council for adoption.DISCUSSION
This ordinance amends certain sections of the Beverly Hills Municipal Code related to medical use regulations applicable to certain commercial zones in the City.

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D-4
Meeting Date: September 20, 2022

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.

Laurence S. Wiener
City Attorney
Approved By

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Attachment
1 ORDINANCE NO. 22-0-

AN ORDINANCE OF THE CITY OF BEVERLY HILLS TOAMEND BEVERLY HILLS MUNICIPAL CODE SECTIONSRELATED 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. 20-0-2826 (the “Urgency Ordinance”), which amended portions ofTitle 10 (Planning and Zoning) of the Beverly Hills Municipal Code to modify the medical use regulations and allow theconversion of existing commercial floor area to medical uses, upon meeting certain conditions.

Subsequently, the City Council adopted Ordinance Nos. 20-0-2831 and 21-0-2852 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 useregulations 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 -1-
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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 StateCEQA 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 changesin the environment. Therefore, the City Council finds that the Amendments are exempt fromCEQA pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations becauseit 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 ofresidents. Similarly, General Plan Policy LU 10.1 — Local-Serving Businesses calls for the promotion and developmentof businesses that serve, are located in proximity to, and are accessible to residentialneighborhoods, 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 ofthe community, while also providing greater business -2-
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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 useregulations in certain commercially zoned areas will help foster an economically sustainablecommercial district that contains a mix of uses and services, and contribute to residents’ healthand 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 revitalizationof distressed, underutilized, and vacant buildings to sustain economic vitality, activity, and provideincome for City services. The proposed changes to the medical use regulations will more easilyallow medical uses to be established in various commercial zones of the city, which providesgreater business and investment opportunities for medical providers and commercial propertyowners, 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 usesdoes not exceed the amount of floor area occupied by legally permittedmedical uses on February 11, 2011, as noted in the medical registration letter, -3-
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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 10-3-4 101 of this chapter, registered medical floorarea may be relocated within the building provided that the total amount offloor 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 thebuilding is not located in a medical overlay zone, if all of the followingconditions 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. Ifthe property is located in the pedestrian oriented area, as defined in section 10-3-1653 of this chapter, the community developmentdirector issues a minor accommodation pursuant to the provisions of article 36 of this chapter to authorize a medical use to occupy a space ina pedestrian oriented area provided that all other requirements of this section are met and the director makes all of the findings pursuant tosubsection 10-3-165 5A of this chapter. -4-
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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 thepedestrian oriented area, no new medical uses are located within the first forty feet (40’) measured from the front building facade, on the groundfloor 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 thatare 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 ofcommunity development that: a) all other provisions ofthis subsection Bhave been met and b) the proposed expansion of medical use does notadversely impact surrounding development. Facades facing a “sidestreet”, as defined in section 10-3-100 of this chapter, shall not beconsidered 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 arestriping 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 ofCommunity Development, in form and content satisfactoryto 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 ofthis 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 shallnot 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 thebuilding is located in the Medical Use Overlay Zone and the medical uses are approved as part of a plaimed development.

C. Legally Nonconforming Medical Uses. Notwithstanding the provisions of section 10-3-4 101 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 -6-
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fifty percent (50%) of its replacement value, may be reestablished without application of the Medical Use Overlay Zone, provided the reconstructedbuilding 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 bynonconforming 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 ofoccupancy from the city may be converted to a medical use, and new medicaluses 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 -7-
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that has a maximum 10% of the total floor area of the overall medical suite floor area, but shall not preclude an operating room of up to 250 square feet.

G. Review by the City Council. The provisions contained in section F above shall be reviewed approximately three years from their adoption with a report to City Council every year, in order to ensure that an increase in medical uses has not created unforeseen adverse impacts to commercial or residential propertiesand uses.” Section 6. The City Council hereby amends Section 10-3-100 of Article 1 of Chapter 3 of Title 10 ofthe Beverly Hills Municipal Code by adding the term “Ambulatory Surgical Care”, between “Alternative Parking Facility” and “Architectural Projections”, to read as follows, withall 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:
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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:
“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 andCrescent Drive.

Cafe.Carpenter shop.Cinema or theater.

Conservatory.Dancing academy.Dressmaking or millinery store.

Exercise club.
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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.
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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:

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 shallbe 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.
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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.” -12-
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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: BUSNESSES EXCLUDED:The following uses shall be prohibited in the C-3 Zone:

Adult hotels/motels and sexual encounter centers as defined in section 10-3-277 1 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, butexcepting 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. -13-
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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.

Lunchroom.
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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 ofChapter 3 of Title 10 of the Beverly Hills Municipal Code in its entirety. -15-
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Section 13. The City Council hereby repeals Section 10-3-1803 ofArticle 18 ofChapter 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:

Type Of Use Required Spaces

1. Hotels 1 space per rentable room or unit

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

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

4. Public assembly areas without I space per 28 square feet ofsuch area fixed seats5. Eating and bar facilities located 1 space per 350 square feet of floor areain the Business Triangle

6. Eating and bar facilities located 1 space per 350 square feet of floor area outside the Business Triangle thatare less than 3,000 square feet7. Open air dining on public No additional parking requiredproperty and on privately owned portions of the Robertson
Boulevard sidewalk

8. Open air dining on private Parking shall be provided as required for indoor dining property 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 aneed for parking different than the amount of parkingrequired by this section or the planning commission -16-
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determines that parking demand will be met by means
other than those means specified in this section

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

However, 25 percent of the spaces required to beprovided for a building or structure by subsections B 1and BlO of this section may also be applied toward the requirements of this subsection

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

11. Medical offices as defined in 1 space per 350 square feet of floor area; provided section 10-3-100 of this chapter, buildings constructed before December 6, 1989, thatincluding all areas devoted to received building permits before December 16, 2005, to administrative or reception restripe parking areas to increase the number of parking purposes 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 asrequired by the zoning code at the time such projectswere permitted. Any building area converted to medical use on or after December 16, 2005, which relies on avalid restripe permit shall also comply with the above requirements.

12. Manufacturing uses I space per 500 square feet of floor area13. Warehouse uses 1 space per 1,500 square feet of floor area14. Exercise club I 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 forprivate training centers with up to 3,000 square feet offloor area. 1 space per 200 square feet offloor area beyond 3,000 square feet.

For private training centers located outside the BusinessTriangle: 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 theplanning 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 amountno less than 1 parking space per 350 square feet of floor area. The planning commission shall not, however,
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approve any reduction in the required parking unless the planning commission determines that such reduction willnot unreasonably burden the parking supply of thebuilding.

16. Medical laboratories as defined 1 space per 350 square feet of floor area. Buildings under section 10-3-100 of this constructed on or after July 1, 1999, may providechapter 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 theminor accommodation requirements set forth in thissubsection and provided the parking ratio for thebuilding is at least 1 space per 350 square feet of floorarea. Buildings constructed before July 1, 1999, which have an existing parking ratio that satisfies the city’sparking 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 ispresent at all times during which access to the site ispermitted. 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 subsectionmay 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 thegranting of a minor accommodation, the director of planning and community development may, pursuant tothe provisions of article 36 of this chapter, permit suchreduced 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 ontraffic 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;
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(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 commercialoperations in the vicinity of the proposed medicallaboratory; (7) The hours ofthe operation for the proposed medical
laboratory
b. General Prohibition: Notwithstanding any of the provisions of this subsection B16, under no circumstances shall a building locatedwithin 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 thiscode section as: the area bounded by the centerline of Santa Monica Boulevard North Roadway, the centerline
of Crescent Drive, the centerline of Wilshire Boulevardwest 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 -19-
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(15) days after its passage in accordance with Section 36933 ofthe Government Code, shall certify to the adoption of this Ordinance, and shall cause this Ordinance and her certification, togetherwith proof of publication, to be entered in the Book of Ordinances of the Council of this City.

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 (3 1st) day after its passage.

Adopted:Effective:

LILT BOSSEMayor of the City of Beverly Hills,
California
ATTEST:
______________________(SEAL)

HUMA AHMED
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:LAURENCE S. WIENER GEOR AVEZ City Attorney City Manager
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