Beverly Hills City Council
December 3, 2024

AGENDA REPORT
Meeting Date: December 3, 2024
Item Number:

To: Honorable Mayor & City Council
From: Masa Alkire, AICP, Assistant Director of Community Development/City Planner
Philip Coronel, Associate Planner
Subject: AMENDMENT TO AN EXISTING COVENANT TO REMOVE MEDICAL USE LIMITATIONS IN THE EXISTING COMMERCIAL BUILDING;
AND

REQUEST TO AUTHORIZE THE CITY MANAGER TO EXECUTE A
NEW COVENANT LOCATED AT 9150 WILSHIRE BOULEVARD
Attachments: 1. Draft Amended Covenant

2. Superseded Covenant and Agreement to Prohibit Restaurant, Entertainment, and Medical Office uses (recorded July 1, 1991)

3. Existing Covenant and Agreement for Use of Building At 9150 Wilshire Boulevard (recorded October 18, 1991)

4. Covenant for Off-Site Parking Spaces (recorded April 8, 2011)

5. June 20, 2017 City Council Meeting Agenda Report

6. October 26, 2017 Planning Commission Meeting Staff Report

7. November 9, 2017 Planning Commission Meeting Staff Report

8. Planning Commission Resolution No. 1829

9. August 6, 2019 City Council Agenda Staff Report

10. Medical Use Ordinance (Ordinance No. 22-O-2864)

11. Public Notice

RECOMMENDATION
Staff recommends that the City Council:

1. Consider amending an existing covenant to remove the medical use prohibition in the building at 9150 Wilshire Boulevard.

2. If the City Council approves amending the covenant, staff recommends that the City Council authorize the City Manager to execute a new covenant as set forth in Attachment 1 of this report.

Meeting Date: December 3, 2024

INTRODUCTION
The commercial building located at 9150 Wilshire Boulevard was developed in 1990 and contains approximately 85,000 square feet of floor area with 333 on-site parking spaces located in the subterranean garage. The building is occupied by multiple tenants including both general office and medical office tenants. When development of the building was approved in 1988, the Environmental Review Board1 approved a Mitigated Negative Declaration pursuant to the California Environmental Quality Act (CEQA), which was appealed to the City Council. The City Council denied the appeal and conditionally approved the development with additional restrictions on the uses permitted in the building, including a prohibition of restaurants, entertainment-type uses, and medical uses, which were memorialized in a covenant recorded in 1991. The City Council subsequently approved a modified covenant to allow up to 5,000 square feet of medical office in the building. The applicant has requested to amend the covenant to remove the medical use prohibition so that the property would be subject to the City’s Medical Conversion Ordinance adopted in the 2022. The regulations enacted by the ordinance would allow the conversion of existing commercial office space in the building above the first floor to medical use.

The request to modify the covenant has undergone numerous prior reviews by both the Planning Commission and City Council, as described in the Discussion section of the staff report. Supplemental background information regarding the history of the project site and neighborhood setting can be found in the reports prepared for the June 20, 2017 City Council meeting (Attachment 5), the October 26, 2017 and November 9, 2017 Planning Commission meetings (Attachment 6 and 7, respectively), and the August 6, 2019 City Council meeting (Attachment 9). This request was previously scheduled for the City Council meeting on June 27, 2024. However, the request was continued to a date uncertain as the applicant did not comply with the City’s noticing requirements for the on-site posted notice.

DISCUSSION
The Council may wish to consider the following information and analyses related to the proposed covenant amendment request.

Prior Reviews
• 1988: The Environmental Review Board1 approved a Mitigated Negative Declaration for the development of a building on the project site, which was appealed to the City Council. The City Council subsequently conditionally approved the development with restrictions on the use of the building including prohibiting medical uses. These use restrictions were memorialized in a covenant recorded on July 1, 1991 (Document No. 91999368, included as Attachment 2).

A modified covenant was approved by the City Council on September 24, 1991, and recorded on October 18, 1991 (Attachment 3) which limited the building to 5,000 square feet of medical use floor area.
• June 11, 2009: The Planning Commission approved a Conditional Use Permit (Planning Commission Resolution No. 1556) to allow a portion of the surplus parking spaces at the project site to serve as required parking for medical uses located at 9090 Wilshire Boulevard. The project site currently provides 51 parking 1 The Environmental Review Board is no longer in existence; the Planning Commission is now the reviewing authority on all development projects requiring environmental review.

Meeting Date: December 3, 2024

spaces for use by tenants of the 9090 Wilshire Boulevard building; a covenant recorded on April 8, 2011 (Document No. 20110517785, included as Attachment 4) memorializes this parking arrangement, and requires that the 51 parking spaces for the 9090 Wilshire Boulevard tenants are located on level P-4 of the project site subterranean garage.
• February 11, 2011: The Medical Use Ordinance (Ordinance No. 11-O-2602) became effective, and rendered all legally permitted existing medical space in the City as a legal nonconforming use. Amongst other provisions, the ordinance allows buildings with legal nonconforming medical floor area to add up to 6,000 square feet of additional medical uses upon meeting certain criteria. This ordinance also established the Medical Use Overlay Zone, which property owners could request to have applied to their property in order to establish new medical uses.
• June 20, 2017: The City Council considered a request from the applicant to modify the covenant to increase the medical floor area in the building by up to 6,000 square feet. The Council remanded the request to the Planning Commission for their review and recommendation to the City Council. • October 26, 2017: The Planning Commission reviewed the request, and by a 4-1 vote, directed staff to prepare a resolution recommending denial of the amendments to the City Council. The Commission recommended denial due to the potential for traffic and parking impacts resulting from a reduction of excess parking and change in uses in the building. The Commission did note that the request could be supported if a mutually acceptable public benefit to offset impacts were to be offered to the City.
• November 9, 2017: The Planning Commission voted 5-0 to recommend the denial of the request (Planning Commission Resolution No. 1829, Attachment 8) to modify the covenant to increase the maximum amount of medical use floor area by 6,000 square feet and to reduce the number of excess parking spaces required to be provided on the project site.
• November 29, 2018: The City Council and Planning Commission Liaison Committee, comprised of then-Councilmember Bosse, then-Mayor Gold, then Chair Licht, and then-Vice Chair Block, met to discuss the applicant’s public benefit proposal and the next steps for the applicant. The public benefit proposed would have provided 14 parking spaces at the project site for use by the general public. These spaces would be available between 3:00 – 7:00 PM daily at a flat rate of $5.00, which was intended to offset the loss of street parking on Wilshire Boulevard during anti-gridlock hours. The Committee did not support the proposal and provided feedback regarding an alternate proposed public benefit.

The Committee directed staff to return to the City Council with the amendment request and a modified public benefit proposal.
• August 6, 2019: The City Council provided comments on additional public benefit proposals where a one-hour medical clinic is proposed for one full day or two half-days per month with an advertisement that it is free for the public to use and free parking should be available to Nessah Synagogue as well as other groups in the City, with the obligation falling on the group(s) to provide insurance. The City Council provided additional comments stating that there should not be any Meeting Date: December 3, 2024

sunset clause for the proposed public benefit program. The City Council agreed to send the matter back to the Council liaisons, then-Councilmember Bosse and Gold.
• Subsequent to the August 6, 2019 City Council meeting, the applicant did not take any further actions to resolve the public benefit issue. Furthermore, no further discussions on the issue occurred with Council liaisons. • On December 4, 2023, the applicant contacted staff to formally request the removal of the medical use prohibition and the public benefit program requirement.

Medical Conversion Ordinance
On September 20, 2022 (effective October 21, 2022), the City Council adopted Ordinance No. 20-O-2864 (Attachment 10) to allow conversion of existing commercial floor area to medical uses, upon meeting certain conditions. This ordinance provides properties within the C-3 zone the ability to convert existing commercial spaces into medical uses provided the conversion meets the following requirements:
• No new medical uses may be located on the ground floor of a building. • No ‘specialty clinic’ uses, as defined, are permitted. However, ambulatory surgical care uses, as defined, are permitted within one operating room with a maximum area of 250 square feet or 10% of the total floor area of the medical office suite, whichever is greater.

The 2022 Medical Conversion Ordinance is different from the 2011 Medical Use Ordinance in that it allows for the establishment of medical uses in new and existing commercial buildings, provided a project meets the requirements summarized above.

The 2022 Medical Conversion Ordinance limits the amount of area that may be dedicated to surgery uses within a tenant space, therefore the types of medical uses that are able to be established under the 2022 Ordinance are typically less intensive (e.g., the regulations do not allow for the establishment of surgery centers or overnight stay clinics). These regulations are applicable citywide and have provided for flexibility in how landlords are able to lease their tenant spaces. With the adoption of the 2022 Medical Conversion Ordinance, new medical uses can be established throughout the city without the requirement to provide a public benefit, as would otherwise be required under the 2011 Medical Use Ordinance if a property owner was seeking to have a Medical Use Overlay Zone applied to their property to allow for a more intensive medical use (e.g., a surgery center or overnight stay clinic).

As the City has adopted regulations that have provided property owners with the ability to convert existing commercial office space to certain types of medical uses, staff recommends that the covenant be amended in order to provide this same possibility to 9150 Wilshire Boulevard. The amendment of the covenant, which would remove the medical use prohibition, would result in the building at 9150 Wilshire Boulevard being subject to the same medical use standards as other similarly situated properties in the C-3 Commercial Zone.

Parking Requirements
The City’s parking requirement for medical uses was modified in 2022 as part of the Medical Conversion Ordinance. Prior to 2022, the medical use parking requirement was one space per 200 square feet of medical use floor area. The 2022 Ordinance included Meeting Date: December 3, 2024

a provision to modify the City’s parking requirement for medical uses to a rate of one parking space per 350 square feet of floor area, which is the same parking requirement as general commercial uses. This change allows the conversion of office and commercial space to medical uses within existing buildings without triggering the need for additional parking, which was previously a barrier to the conversion of office space to medical uses.

Assembly Bill (AB) 2097, approved in 2022, prohibits local governments from imposing a minimum parking requirement if the site is located within one-half mile of a major transit stop. A major transit stop is classified as a site containing any of the following: an existing rail or bus rapid transit station; a ferry terminal served by either a bus or rail transit service; and, the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods. AB 2097 is applicable to the subject property, as it is located within one-half mile of the intersection of Wilshire Boulevard and Beverly Drive which is a major transit stop.

Public Benefit
In the previous reviews of this request (between 2017 and 2019) the applicant had proposed a public benefit as part of the action to modify the covenant restricting the amount of medical uses at this site. This public benefit offer was discussed by the City Council and Council Liaisons and an agreement on an acceptable public benefit was not reached. With the adoption of the 2022 Medical Conversion Ordinance, certain medical uses can now be established without the provision of providing a public benefit and the requirement of a public benefit in order to modify the covenant may not be warranted.

Analysis Summary
Since 2022, the City’s consideration of projects proposing to convert existing office space to medical has changed significantly due to the adoption of the 2022 Medical Conversion Ordinance. Now that neighboring commercial properties that can establish new medical uses with no discretionary review and without having to provide a public benefit, staff recommends that the City Council no longer pursue a public benefit in conjunction with this request. This recommendation to remove the covenant will promote consistency with the Medical Conversion Ordinance throughout the city by further streamlining the regulatory process and ensuring that all medical conversion projects within the city are subject to the same standards.

ENVIRONMENTAL ASSESSMENT
This project has been assessed in accordance with the authority and criteria contained in CEQA (Public Resources Code Sections 2100 et seq.), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 1500 et seq.), and the environmental regulations of the City. The project appears to qualify for a Class 1 Categorical Exemption pursuant to Section 15301 of the State CEQA Guidelines as a change of the allowed use of existing floor area in an existing structure. Staff recommends the City Council find that the project would not have a significant environmental impact and is exempt from the provisions of CEQA.

PUBLIC OUTREACH AND NOTIFICATION
Public noticing was provided for this request in the form of a direct mailing and an on-site posting at the project site on November 13, 2024. The mailing was sent to property owners and residential occupants located within 500’ of the subject property, extended Meeting Date: December 3, 2024

to the block-face. As of the writing of this report, staff has not received any public comments on the request.

FISCAL IMPACT
No fiscal impact to the City is anticipated from a Council decision on this matter.

Michael Forbes, AICP
Director of Community Development
Approved By
ATTACHMENT 1

DRAFT COVENANT

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City Clerk
City of Beverly Hills
455 North Rexford Drive
Beverly Hills, CA 90210-4817
_____________________________________________________________________________ [Space Above Line For Recorder’s Use]
Recording Fee: Exempt pursuant to California Government Code Section 27383

COVENANT AND AGREEMENT FOR
USE OF BUILDING AT 9150 WILSHIRE BOULEVARD
This covenant and agreement is entered into by and among Willet H. Brown Real Property, L.P., a California limited Partnership, New Lion Enterprises, LLC, a California limited liability company (hereafter “New Lion”) as lessee pursuant to a long-term lease and the City of Beverly Hills, a municipal corporation, (hereafter the “City”).

RECITALS:

Section 1. New Lion certifies that it is the lessee, pursuant to a 99-year lease, and Willet H. Brown Real Property, L.P., is the owner/lessor of the following described real property in the City of Beverly Hills, County of Los Angeles, State of California:

Tract Number 6380, Lots 958, 959, 960, 961, 962
As filed in Book 69, Pages 11 to 20,
Records of Los Angeles County (hereafter “the property”).

Section 2. As a condition of development of the property with the building commonly known as 9150 Wilshire Boulevard (hereafter “the Building”), prior property owner Casden Properties, agreed and covenanted that such building shall comply with certain requirements as set forth in the Covenant and Agreement for Use of Building at 9150 Wilshire Boulevard, recorded in the official records of the Recorder’s Office, Los Angeles County on October 18, 1991, as document number 91 1645423 (the “1991 Covenant”) which runs with the land.

Section 3. New Lion requested amendment of the 1991 Covenant to remove the medical use prohibition in the Building as allowed by the 1991 Covenants to enable New Lion to add additional square feet of medical office uses pursuant to Beverly Hills Medical Use Ordinance No. 22-O-2864).

Section 4. New Lion Agrees and Covenants that the Building shall comply with the following requirements:

1. Restaurant and entertainment type uses shall be prohibited.

2. Medical uses are permitted pursuant to development standards set forth in the Beverly Hills Municipal Code.

3. Free parking shall be provided for all employees of tenants in the Building.

4. Free validated parking shall be provided for all visitors of tenants in the Building.

5. Signs adequately informing users of the Building of parking validation program shall be posted in conspicuous and visible locations.

6. A parking attendant and/or security guard shall be maintained on duty during the business hours of the Building to supervise the exiting of vehicles from the Building and to ensure that all such vehicles turn left (north) toward Wilshire Boulevard.

7. Sixty-Five (65) parking spaces in excess of Municipal Code requirements shall be provided.

Section 5. Compliance with this covenant and agreement shall remain a condition of the development approval and the certificate of occupancy of the Building.

Violation of this covenant may result in revocation of the certificate of occupancy and prosecution for failure to comply with the development conditions of the Building.

Section 6. This covenant and agreement shall run with the land and shall be binding upon any future owners, encumbrancers, their successors, heirs or assigns and shall continue in effect until released or terminated in writing by the City of Beverly Hills.

Section 7. That certain Covenant and Agreement For Use of Building at 9150 Wilshire Boulevard, recorded as Document No. 91 999368 in the Recorder’s Office of Los Angeles County on July 1, 1991 and recorded as Document No. 91 in the Recorder’s Office of Los Angeles County on October 18, 1991, is hereby terminated.

Section 8. Indemnification.
(a) New Lion shall fully defend, indemnify and hold harmless City, its officials, officers, employees, consultants, contractors, legal counsel, and agents (“Indemnified Parties”), from and against any and all claims, suits, causes of action, fines, penalties, proceedings, damages, injuries or losses of any name, kind or description, specifically including attorney’s fees, (“Liabilities”), arising in any way out of the City’s approval of this Covenant and Agreement or any other action of the City related to implementation of the terms of this Covenant and Agreement, including but not limited to any operations of the Clinic. New Lion’s indemnification obligation shall include, but not be limited to, actions to attack, set aside, void, or annul the City’s approval of the Covenant Agreement and related actions, and Liabilities premised on, related to, or invoking Planning and Zoning Law or the California Environmental Quality Act (CEQA). Indemnitor shall reimburse the City for any court costs and attorney’s fees that the City may be required by a court to pay as a result of such actions. City may, at its sole and absolute discretion and subject to Section 3 below (a) participate in the defense of any such Action undertaken by Indemnitor, or (b) retain separate counsel whose attorneys’ fees and costs shall be paid by Indemnitor. Such participation in the defense of such Action or the retention of separate counsel by the City shall not relieve Indemnitor of its obligations under this Covenant and Agreement.
(b) Payment of City’s Costs. To the extent City incurs costs from participating in the defense of, or in retaining separate counsel for, an action covered by paragraph (a) above, Indemnitor shall remit payment to City within thirty (30) days of receipt after a written request therefor accompanied by an invoice and written documentation substantiating such costs. Shall bill Indemnitor monthly for such fees, costs and expenses, and shall provide written Indemnitor’s indemnification obligations shall not be limited to the amount of any insurance coverage that may be available to Indemnitor, and shall not otherwise be restricted or confined by the presence or absence of any policy of insurance held by City or Indemnitor.
(c) Survival. The obligations of Indemnitor pursuant to this Agreement shall continue to be the liability and obligation of Indemnitor, binding upon Indemnitor until the final resolution of all Actions covered by this Agreement, and shall survive the completion, partial completion, or abandonment of the Project.
- Signatures Begin on the Next Page -
Executed this _____ day of __________________, 2024.

PROPERTY OWNER/LESSOR: CITY:

Willet H. Brown Real Property, a California
Limited Partnership
By:

Denis J. Brumm, Manager, of
WHB Real Property, a California
Limited Liability Company, its General
Partner

CITY OF BEVERLY HILLS
By:

Nancy Hunt-Coffey, City Manager
City of Beverly Hills
LESSEE:

New Lion Enterprises, LLC, a California
Limited Liability Company
By:

Armand Newman
Manager
Approved as to form:

Laurence S. Wiener,
City Attorney
C:\NRPortbl\RWGIMAN1\MCORREA\2314441_4.doc
ATTACHMENT 2

SUPERSEDED COVENANT AND

AGREEMENT TO PROHIBIT

RESTAURANT, ENTERTAINMENT,

AND MEDICAL OFFICE USES

ATTACHMENT 3

EXISTING COVENANT AND

AGREEMENT FOR USE OF BUILDING
AT 9150 WILSHIRE BOULEVARD

ATTACHMENT 4

COVENANT FOR OFF-SITE

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RECORDING REQUESTED BY 0410812011
AND WHEN RECORDED MAIL TO:

City Clerk
City of Beverly 1-fills *20110517785*
455 North Rexford Drive
Beverly Kills, CA 90210-4817
[Space Above Line For Recorder’s Use]
Recording Fee: Exempt pursuant to California Government Code Section 27383

COVENANT

OFF-SITE PARKING SPACES
Section 1. WHEREAS, the undersigned, Casden Doheny Property LP, a Delaware Limited Partnership, hereby represents and warrants that it is the record owner of the following described real property situated in the City of Beverly Hills (the “City”), generally located at 9090 Wilshire Boulevard, identified by Los Angeles County Assessor’s Parcel Number(s) 4331- 023-057 and 5331-023-058 and more particularly and legally described as follows:

Legal description:

Parcel 1: Lots 675 and 676 of Tract 6380, in the Cit9 of Beverly Hills, as per map recorded in Book 69 pages 11 to 20 inclusive of maps, in the Office of the County Recorder ofsaid County.

Parcel 2: Lot 677 of Tract 6380, in the City of Beverly Hills, as per map recorded in Book 69 pages 11 to 20 inclusive of maps, in the Office of the County Recorder ofsaid County.
(herein called the “Use Site”);
Section 2. WHEREAS, City has required that there be provided and maintained a specified number of parking spaces in connection with the use of the above described Use Site as a medical office building (the “Land Use”), pursuant to approval of a Conditional Use Permit for the use of off-site parking spaces by the Planning Commission, the specified number of parking spaces shall be situated on the following described real property and that said number of parking spaces shall be situated on the following described real property generally located at 9150 Wilshire Boulevard, identified by Los Angeles County Assessor’s Parcel Number(s) 433 1-018- 001, 4331-018-002, 4331-018-003, and 4331-018-004 and more particularly and legally described as follows:

B0785-000l\ 113 74562.doc 1 4/23/2009
2 Legal description:

Situated in the State of California, County of Los Angeles:

Lots 952, 959, 960, 961 and 962 of Tract 6380, in the City of Beverly Hills, as per Map Recorded in Book 69 Pages 1 ito 20 inclusive of maps, in the Office of the County Recorder of Said County.
(herein called the “Parking Site”);
WHEREAS, Casden Office Properties LP, a Delaware Limited Partnership, hereby represents that it is the record owner of the above described Parking Site; NOW, THEREFORE, as required by the Beverly Hills Municipal Code (the “Municipal Code”), and in consideration of the foregoing, and the issuance by City of the necessary permits and certificates in connection with said Land Use, the undersigned hereby covenant, promise, and agree with City, for the benefit of City, its public property, and the Use Site, as follows:

1. The undersigned shall provide and maintain fifty-one (51) automobile parking spaces (as prescribed by the Municipal Code) on the Parking Site for the benefit of the Use Site so long as the Land Use requiring any parking spaces is maintained on the Use Site. The parking spaces shall be in the location as shown in the attached Exhibit A, unless otherwise approved in writing by the Director of Community Development.

2. The failure to provide and maintain the specified number of parking spaces required herein for any reason shall cause the revocation of the Certificate of Occupancy for such Land Use, in addition to other prescribed penalties and remedies.

3. This covenant and agreement shall remain in effect until (a) released in writing by the authority of the Director of Community Development, upon submittal of a request, applicable fees and evidence to the satisfaction of the Director of Community Development that this covenant and agreement are no longer required, or (b) released in writing by the order of the City Council upon a determination by the City Council that this covenant and agreement is no longer required.

4. Whenever the context hereof requires, the neuter shall include the masculine or feminine, or both, and the singular shall include the plural. It is the intention hereof that this shall constitute a covenant running with the land owned by the undersigned (to wit, the Use Site and the Parking Site), jointly and severally binding upon the undersigned and each of its heirs, representatives, successors and assigns.

5. It is the intention hereof that this covenant and agreement shall constitute a covenant running with the land described herein as the Use Site and the Parking Site. This covenant and agreement shall be enforceable by and shall inure to the benefit of the City and the City’s successors and assigns, and shall be jointly and severally binding upon the Owner, and each of the Successors.

B0785-000I\l 137456v2.doc 2 4/23/2009
5 4

6. The Owners of the Use Site and the Parking Site shall jointly and severally indemnify, hold harmless and defend City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from any claim, demand, damage, liability, financial loss, cost or expense (including, without limitation, attorneys’ fees and costs) arising, either directly or indirectly, from any City permit or permits authorizing the construction of a second unit on the Property, (including, without limitation, this covenant and agreement, and the conditions contained herein), even though such liability or loss may arise, in whole or in part, out of the negligence (including, without limitation, active or passive negligence) ofthe Indemnitees.

7. Should any provision, section, paragraph, sentence, clause or word of this covenant and agreement be rendered or declared invalid or ineffective by any final action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, clauses and words of this covenant and agreement shall remain in full force and effect.

8. This covenant and agreement shall be recorded in the office of the County Recorder for the County of Los Angeles.
- Signatures Begin on Next Page -
80785-000l\l 137456v2.doc 3 4/23/2009
Executed this
day of 1 rrJ. 2O(.

CITY OF BEVERLY HILLS: USE SITE OWNER:

Casden Dohenv Pronertv LP *
Name of Owner
Name: Robert J. Hildebrand
Title: President
Name:Hubba/
*
Title Chief financial Officer

PARKING SITE OWNER
Casden Office Properties LP *
Name of Owner
*
Name: Robert J. Hildebrand
Title: President
NamTnieI Hulrd
Title: Chief financial Officer
*
*
*/Attach ALL PURPOSE ACKNOWLEDGMENT
NOTE: If any Owner is a corporate entity, signatures from two corporate officers are reqtiired. One signature must be from any officer in Group A, and one signature must be from any officer in Group B as follows:
the chairman of the board, the president, or any vice president the secretary, any assistant secretary, the chief financial officer, or any assistant treasurer of the corporation
athaiiIait,AICP
Ti e: City Planner
Group A:

Group B:
80785-000I\1 137456v2.doc 4 4/23/2009
California All-Purpose Acknowledgement
State of California }
County of Los Angeles
On March 29, 2011 before me. Lourdes Sy—Rodriquez a Notary Public personally appearect Jonathan Lait
who proved to me on the basis of satisfactory evidence
to be the person whose name(s&ae- subscribed tp
the within instrument and acknowledged to me tha’
sM.- executed the same in 6j’heTthc4r authorized
capacityf4es, and that by)/h/.thef signaturet on
the instrument the person(s), or the entity upon behalf of which the person(s)’ acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws
of the State of California (hat the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Notary Public Seal Notary Public Signature
Description of Attached Document

OPTIONAL
TitleorTypeofDocument: Covenant Off—site Parking Spaces Document Date: March &,20U Number of Pages: 2
Signer(s)OtherthanNamedAbove: Robert J. Huldebrand and Daniel Hubbard Capacity(ies) Claimed by Signer(s)
Individual
C Corporate Officer:
l Partner - Limited General
C Attorney-in-fact
c Trustee
IJ Guardian or Conservator
C) Other:

C) Individual
IC) Corporate Officer:

C) Partner - C) Limited C) General
C) Attorney-in-Fact
C) Trustee
C) Guardian or Conservator
IC)
Other:

J LOURDES $Y-ROORICUEZ
Commsson S 186784
I :a .‘... NotaryPubflc.Caflfornja J 4 LosMenCaunty
S—
Signer is Representing: Signer is Representing:

CALIFORNIA ALL-PURPOSE 7

CERTIFICATE OF ACKNOWLEDGMENT
State of Californi
j. County of
On// beforeme, 44
(Here ins rt n a a title ofthe officer
persona] iy appeared %—/44a’
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that-4’ie/sh&they executed the same in i-s/her/their authorized capacity(ies), and that by hifhe/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument,
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. -
- cyou -
W1T,ESS my hand and official seal.
(Notary Sd ,4L211
Sittnatur of\o I ubli

ADDITIONAL OPTIONAL INFORMATION
INSTRUC11ONS FOR COMPLETING ThIS FORM
Any acknowledgment completed in California must contain eerbiage exactly as DESCRIPTION Of THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must he properly completed and attached to that document. The only exceptton ts if a docunient is to be recorded outside ofCalifornia. In such instances, any atternani’e acknowledgment uerbiage as may be printed on such a document so tang as the (Tttle or description of attached document) i’erbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the autharized capacity of the signer.). Please check the (Title or description of attached document continued) document carefli ilyfor proper notanat wording and attach thisfornt ifrequired. • State and County infonnatioti must be the Stale and County where the document Number of Pages Document Date signer(s) personally appeared before the notary public far acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared saluch must also he the same date the acknowledgment is conipleted.

It (Additional inlannaiion) • The notary public must print his or her name as it appears within his or her cunmussion followed by a comnia and then your title (notary public).

Print the name(s) of document signer(s) who personally appear at the time of notariZation.

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Partner(s) • Signature of the notary public must match the signature on lilt with the office at the county cleric Attorneytn-Fact Additional information is not required but could help to ensure this Tmstcc(s) acknowledgment is not misused or attached to a different document.

E Other Indicate title or 1) pe of attached document, number of pages and date.

Indicate the capacity claimed by the signer. If the claimed capacity is a _______________________________________________________________ corporate officer, indicate the title fi e. CEO, CfO, Sccrctaty). • Securely attach this document to the signed document
2008 Version CAPA vI 210.07 800-873-9865 wwsv.NotaryClasses.com

EXHIBIT A
LOCATION OF PARKING SPACES ON PARKiNG SITE
All required off-site parking spaces (51 in total) are to be located on level P-4 of the 9150 Wilshire Boulevard parking garage. The location and configuration of said spaces shall be consistent with the approved set of building plans maintained on file in the City of Beverly Hills Community Development Department.
8 EXHIBIT 3
PLANNING COMMISSION RESOLUTION 1556
fO
RESOLUTION NO. 1556
A RESOLUTION Of THE PLANNING COMMISSION
OF THE CITY Of BEVERLY HILLS CONDITIONALLY

APPROVING A CONDITIONAL USE PERMIT TO
ALLOW THE USE OF 440FF-SITE PARKING SPACES

IN CONJUNCTION WITH THE CONVERSION OF
20,101 SQUARE FEET OF GENERAL OFFICE SPACE

TO MEDICAL OFFICE SPACE FOR THE PROPERTY
LOCATED AT 9090 WILSHIRE BOULEVARD.

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

Section 1. Casden Properties, Applicant, on behalf of Casden Doheny Property LP, (collectively the “Applicant”) seeks to convert the third floor (20,101 square feet) of the subject property located at 9090 Wilshire Boulevard (the “Project”) to medical offices.

The third floor of the subject property is currently used as general office space, and conversion of the space to medical offices requires 44 additional parking spaces that cannot be provided onsite. Because the 44 additional parking spaces cannot be provided on-site, the Applicant proposes, and the property owner of 9150 Wilshire Boulevard agrees, that this additional parking can be provided at 9150 Wilshire Boulevard, which has a surplus of parking. Off-site parking requires a Conditional Use Permit, which the Planning Commission may grant if it finds that such off-site parking will not be detrimental to adjacent property or to the public welfare. To ensure that the off-site parking does not generate impacts that would cause detriment to adjacent property or to the public welfare, certain project-specific conditions are included in this Resolution.
fi
Section 2. The Project sites (9090 and 9150 Wilshire Boulevard) are located on the south side of Wilshire Boulevard, and are surrounded by commercial buildings that vary’ between one and ten stories in height, Commercial development in the area consists of retail general office, and medical office space. In addition to the commercial uses, 9090 Wilshire Boulevard is located immediately north of single-family and commercial development, while 9150 Wilshire Boulevard is located immediately north of multi-family residential development.

Separation between uses is provided by a one-way alley that is located immediately south of the subject properties. The subject properties are located within approximately 382 feet of each other, which is within the 500 foot maximum allowed for off-site parking uses.

Section 3. 9090 Wilshire Boulevard is a three-story building that was approved by the Environmental Review Board at its April 17, 1985 meeting. Under the building’s approval free validated parking was required to be provided for visitors of a proposed banking operation to prevent visitors from parking on the residential streets. The banking operation has since been discontinued, and the condition is no longer applicable. The building was originally occupied entirely by general office space; however, over time, portions of the building were converted to medical office space by way of re-striping the parking garage. Restriping took place on two occasions (between 2000 and 2004), and provided sufficient parking to allow the entire first and second floors of the building to be converted to medical offices.

Re-striping a parking garage to create additional parking spaces is no longer a permitted activity: however, re-striping was permitted, and considered to be a ministerial activity, at the time permits were issued to allow the restHping of 9090 Wilshire Boulevard. The re-striping resulted in tandem and compact parking spaces, and a requirement of the re-striping was that free valet service be provided to access the re-striped parking spaces. The traffic and parking study submitted by the Applicant indicates that 12 off-site parking spaces are provided at 9150 Wilshire Boulevard to accommodate a portion of the medical office conversions, but staff is unable to locate records indicating that such an approval took place. Moreover, the building permits issued to allow the re-striping provided a sufficient number of parking spaces to accommodate all parking on-site, and off-site parking is not required. It may be that the operator of 9090 Wilshire Boulevard has assigned off-site parking spaces to some of its employees as a means of providing additional parking in excess of the Municipal Code requirements, but City records do not indicate the use of any off-site parking spaces to accommodate medical office conversions.

The first and second floors of the building (26,449 square feet in all) are currently occupied by medical office uses. The third floor of the building consists of 20,101 square feet and is currently occupied entirely by general office uses. The Project calls for the entire third floor to be converted to medical offices. Parking for the building is located within a subterranean parking garage accessed via South Doheny Drive. The traffic and parking study submitted by the Applicant indicates the availability of 189 parking spaces; however, there are actually 186 spaces on site, consistent with the plans reviewed by the Commission.

Section 4. 9150 Wilshire Boulevard is a three-story building that was approved with conditions by the Environmental Review Board at its March 16, 1988 meeting.

The project was approved subject to conditions related to potentiaL traffic and parking impacts.

The Environmental Review Board’s approval of the building was ultimately appealed to the City Council due to continued concerns related to traffic, parking, and other potential impacts related to the project. After review, the City Council upheld the Environmental 3 Review Boards approval, and modified the conditions of approval in anticipation of potential future impacts. The modified conditions of approval are as follows:

I Medical office uses shall not exceed a cumulative total of 5,000 square feet.

2. Free parking shall be provided for all employees of tenants in the building.

3. Free validated parking shall be provided for all visitors of tenants in the building.

4. Signs adequately informing users of the building of the parking validation program shall be posted in conspicuous and visible locations.

5. A parking attendant and/or security guard shall be maintained on duty during the business hours of the building to supervise the exiting of vehicles from the building and to ensure that all such vehicles turn left (north) toward Wilshire Boulevard.

6. Eighty-six (86) parking spaces in excess of Municipal Code requirements shall be provided.

The building consists of approximately 85,592 square feet of development. The building is used entirely for general office uses, and is, therefore, parked at a rate of one space per each 350 square feet (245 parking spaces required). However, the subterranean parking garage accessed via South Oakhurst Drive contains 333 parking spaces, which provides a surplus of 88 parking spaces over the code-required spaces (consistent with the City Council condition of approval). Based on the over-assignment of parking spaces (beyond the code-required spaces) 4 1
identified in the traffic and parking study, 6$ of the $8 surplus parking spaces remain available for use.

Although the building was constructed with a surplus of parking spaces as required by the City Council conditions of approval, the surplus spaces were intended to guard against future parking demands and potential impacts. Based on existing conditions identified in the traffic and parking study, the Commission found that the surplus parking spaces are not being utilized, and have not been needed to accommodate any unanticipated parking demand.

Therefore, it is possible for the Project to utilize the surplus parking spaces without circumventing the intent of the City Council to guard against parking impacts.

Section 5. The Applicant proposes the conversion of 20,101 square feet of existing general office space to medical office space within the third floor of the building located at 9090 Wilshire Boulevard. The conversion of general office space to medical office space is permitted within the Municipal Code without the need for discretionary approval, but requires a greater number of parking spaces (44 additional spaces) than can be accommodated on-site.

Consistent with Section 10-3-2733 of the Municipal Code, and as authorized by the issuance of a Conditional Use Permit, the Applicant proposes to satisfy the required 44 parking spaces through the use of off-site parking located at 9150 Wilshire Boulevard. The parking garage located at 9150 Wilshire Boulevard is accessed via South Oakhurst Drive, and contains a surplus of 6$ parking spaces, which will be used to satisfy the increased parking demand generated by the medical office conversion.

In order to limit the amount of new vehicle trips generated by the conversion, the Applicant will require 51 ofthe medical office employees to park at the off-site location and then walk to 9090 Wilshire Boulevard, which is approximately 382-feet away. By requiring 5 I’
employees to park off-site and then walk to their office, the need for off-site valet trips transferring cars between properties is avoided, and increases in traffic are kept to a minimum.

The purpose fbr requiring 5 1 employees to park off-site, rather than 44 as would be needed to meet Municipal Code requirements, is to appropriately serve the anticipated ratio of patients versus employees of 9090 Wilshire Boulevard as outlined in the traffic and parking study.

Section 6. The Project has been environmentally reviewed pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. (“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.), and the City’s environmental guidelines. A Class 1 Categorical Exemption has been issued based on a change in the operation of existing facilities. Further, a traffic and parking study was prepared, which demonstrates that said change in operations is not expected to significantly impact traffic and circulation in the surrounding area. Therefore, the Project is not anticipated to generate any significantly adverse environmental impacts.

Section 7. Notice of the Project and public hearing was mailed on May 13, 2009 to all property owners and residential tenants within a 300-foot radius of the property, and notice was published in two newspapers of general circulation. On May 28, 2009 the Planning Commission considered the application at a duly noticed public meeting. Evidence, both written and oral, was presented at said meeting.

Section 8. In reviewing the Project, the Commission discussed issues related to use, circulation between properties, neighborhood circulation, and parking as follows:
6 Ku
Medical Office Uses. While medical office uses are a permitted use within the C-3 zoning designation, the Commission noted that there has been recent community discussion as part of the City’s General Plan effort questioning the appropriateness of medical offices in some parts of the city because they do not promote the kind of pedestrian-oriented environments that retail or other establishments do. For instance, medical patients do not typically spend their time before or after appointments shopping or eating at local restaurants, which is known to have fiscal implications for the city. For these reasons, uses that contribute to existing commercial operations and enhance the pedestrian experience are typically preferred within the Business Triangle. Because the Project is located outside the Business Triangle, and because medical offices already exist within the Project site, the Commission determined that the Project would be an acceptable use of the building.

2. Circulation Between Properties. Off-site parking typically raises issues about circulation between the property using the parking and the property providing the parking. Requiring patients or visitors of a building to park off-site is often inconvenient, and deters the use of off-site parking.

Additionally, it is possible that some patients may be unable to use off-site parking facilities. To prevent an inconvenience to visitors or patients the practice of utilizing a valet service to move vehicles between properties is 7 )7
sometimes used, thereby preventing any inconvenience. Unfortunately, providing a valet service between sites creates additional vehicle trips, and unnecessarily adds to existing traffic congestion. In order to address the potential issues related to off-site parking, the Commission discussed the Applicant’s proposal to require 51 medical office employees to use the off-site parking at 9150 Wilshire Boulevard. By requiring employees of 9090 Wilshire Boulevard to park off-site at 9150 Wilshire Boulevard, rather than patients and visitors, there will be no valet trips generated between the two properties. In order to ensure that no off-site valet trips occur, a condition has been included in this Resolution to provide assurance that the off-site spaces will be used by employees only. The condition, as outlined below, requires the Applicant to submit written lease agreements demonstrating that a minimum of 51 off-site parking spaces have been assigned to employees of 9090 Wilshire Boulevard. further, a condition has been included in this Resolution that requires the off-site parking to be provided to employees free of charge to ensure that parking is used.

3. Neighborhood Circulation. Although no off-site valet trips will be generated by the conversion to medical office space, an additional number of overall trips will be generated when compared to current uses. The traffic and parking study prepared by the Applicant, and peer reviewed by the City’s Transportation Division, indicates that the additional trips g
generated by the Project will not create any significant impact related to traffic or circulation. While it is anticipated that additional vehicles may travel north on the surrounding neighborhood streets (South Oakhurst and South Doheny Drives) to access the subject sites, current and projected traffic patterns identified in the traffic and parking study indicate that approximately 85% to 90% of vehicles existing both parking garages do not turn south down the residential streets, and instead go north to Wilshire Boulevard to utilize nearby traffic signals. As required by previous conditions of approval, vehicles are required to turn north when existing both parking garages in order to avoid placing additional traffic on the residential streets. Existing signage alerts drivers of this requirement, and a condition is included in this Resolution to improve the visibility and location of such signage and increase the rate at which drivers comply with turn restrictions.

4. Parking. A traffic and parking study was prepared by the Applicant, and peer reviewed by the City’s Transportation Division, in order to accurately assess the parking situations on both sites and ensure that adequate supply is available to accommodate the Project. The building located at 9150 Wilshire Boulevard was constructed with 88 parking spaces more than required by the Municipal Code in order to guard against potential parking demand. As evidenced by the traffic and parking study, and by field counts, much of the surplus parking remains available to this day, and can 9 I
19 reasonably be used to accommodate the Project without impacting current parking operations.

The Municipal Code identifies parking requirements based on use, and does not provide guidance in determining the distribution of parking spaces between employees of a building and its patrons. In order to accurately assess the true parking demand, which is often different from code-required parking, the traffic and parking study utilized data from the Urban Land Institute (ULI) Shared Parking publication. The ULI data states that approximately 67% of the total parking for a medical office space should be provided for use by patients. In order to achieve this ratio and ensure that adequate patient parking is provided on-site, the traffic and parking study recommended, and staff supported, assigning 51 off-site employee parking spaces. Such an assignment of spaces provides for 157 on-site patient/visitor spaces, 29 on-site employee spaces, and 51 off-site employee spaces, all of which meet Municipal Code requirements and ULI recommendations. Therefore, a condition requiring the assignment of 51 off-site parking spaces, rather than the applied-for 44 off-site parking spaces is included in this Resolution.

Section 9. In considering the application for a Conditional Use Permit, the Planning Commission considered the following criteria:
l0
20 1 Whether the proposed location of any such use will be detrimental to adjacent property or to the public welfare.

Section 10. Based on the foregoing, the Planning Commission hereby finds and determines as follows:

1. As conditioned, the Project will utilize existing on- and off-site parking spaces to satisfy the parking requirements for medical office space, which is not anticipated to be detrimental to adjacent property or to the public welfare. As demonstrated through the traffic and parking study, and though site visits, the Project will not significantly impact the surrounding area, and will allow the existing parking garages to operate independently of each other without the need for off-site valet trips. Project-specific conditions of approval require that off-site parking spaces will be used by employees of the medical offices only, and that a sufficient number of spaces will be provided within 9090 Wilshire Boulevard to accommodate all patients and visitors. Although the Project does create an increase in vehicle trips over the current general office uses, the increase in trips does not significantly impact any of the surrounding intersections, Analysis of the subject sites shows that vehicles predominantly turn north out of the parking garages and utilize Wilshire Boulevard and its nearby signalized intersections, and a condition is included in this Resolution to ensure that this practice continues. Because the Project will not generate off-site valet trips, provides a sufficient number of parking spaces to meet zoning requirements and Urban Land Institute recommendations, and will not increase the number of vehicles utilizing nearby residential streets to the point of creating an ii
impact, it is anticipated that the Project will not be detrimental to adjacent property or to the public welfare.

Section 11. Based on the foregoing, the Planning Commission hereby approves the Conditional Use Permit, subject to the following conditions:

I. Free valet andlor self parking shall be provided to all employees of tenants in the building located at 9090 Wilshire Boulevard.

2. The Applicant shall demonstrate, through written lease agreements to the satisfaction of the City Attorney and Community Development Director, that a minimum of 51 off-site parking spaces have been assigned to medical office employees of the building located at 9090 Wilshire Boulevard.

3. free valet parking validation shall be provided to all patients and/or visitors of the medical offices located at 9090 Wilshire Boulevard. Signage identifying the validation program shall be placed in a conspicuous location, and shall be to the satisfaction of the Community Development Director.

4. Left turns shall be prohibited for vehicles exiting the property located at 9090 Wilshire Boulevard. Signage alerting drivers to this requirement shall be placed in a conspicuous location, and shall be to the satisfaction of the Community Development Director.

5. Right turns shall be prohibited for vehicles exiting the property located at 9150 Wilshire Boulevard. Signage alerting drivers to this requirement shall be placed in a conspicuous location, and shall be to the satisfaction of the Community Development Director.
2 6. The Applicant shall record a covenant against the property located at 9090 Wilshire Boulevard identifying the off-site parking requirements, including the number of spaces and their location. The covenant shall be executed to the satisfaction of the City Attorney and Community Development Director. 7, The Applicant shall record a covenant against the property located at 9150 Wilshire Boulevard identifying the off-site parking requirements, including the number of spaces and their location. The covenant shall be executed to the satisfaction of the City Attorney and Community Development Director.

8. A total of 51 off-site parking spaces shalt be maintained at 9150 Wilshire Boulevard for use by 9090 Wilshire Boulevard throughout the life of the Project.

9. The 51 off-site parking spaces located at 9150 Wilshire Boulevard shall be clearly marked/identified for use by employees of 9090 Wilshire Boulevard only.

10. The City expressly reserves jurisdiction relative to traffic and parking issues. In the event the Director determines that operation of the use at this site is having unanticipated traffic and parking impacts, the Director shall require the Applicant to pay for a parking demand analysis. After reviewing the parking demand analysis, if, in the opinion of the Director, the parking and traffic issues merit review by the Planning Commission, the Director shall schedule a hearing in front of the Planning Commission in accordance with the provisions of Article 19.5 of Chapter 3 or Title 10 of the Beverly Hills Municipal Code. The Planning Commission shall conduct a noticed public hearing regarding the parking and traffic issues and may 13 impose additional conditions as necessary’ to mitigate any unanticipated traffic and parking impacts caused by the Project, and the Applicant shall forthwith comply with any additional conditions at its sole expense.
ii Any significant amendment to the approved parking plan, as determined by the Community Development Director, shall be subject to Planning Commission review and approval.

12. The Project shall substantially comply with the plans submitted to and reviewed by the Planning Commission at its meeting of May 28, 2009.

13. These conditions shall run with the land and shall remain in full force for the duration of the life of the Project.

14. This resolution approving the Conditional Use Permit shall not become effective until the owner of the Project site records a covenant, satisfactory in form and content to the City Attorney, accepting the conditions of approval set forth in this resolution. The covenant shall include a copy of this resolution as an exhibit.

The Applicant shall deliver the executed covenant to the Department of Planning & Community Development within 60 days of the Planning Commission decision. At the time that the Applicant delivers the covenant to the City, the Applicant shall also provide the City with all fees necessary to record the document with the County Recorder. If the Applicant fails to deliver the executed covenant within the required 60 days, this resolution approving the Project shall be null and void and of no further effect. Notwithstanding the foregoing, the Director of Planning & Community Development may, upon a request by the Applicant, grant a waiver from the 60 day time limit if, at the time of the request, the Director determines that there 4 have been no substantial changes to any federal, state or local law that would affect the Project.

Section 9. 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: 6/1 1/2009
Nanette H. Cole
Chair of the Planning Commission of the
City of Beverly Hills, California
Attest:

Setary
Approved as to form: Approved as to content:

David M. Snow Joy{aaIi Lait, AICP 3
Assistant City Attorney Ciy’Planner
‘5
Z1’c
STATE Of CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.

CITY Of BEVERLY 1-IILLS )
1, JONATHAN LAIT, Secretary of the Planning Commission and City Planner of the City of Beverty Hills, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. 1556 duly passed, approved and adopted by the Planning Commission of said City at a meeting of said Commission on June 11, 2009, 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: Commissioner Yukelson, Vice Chair Bosse and Chair Cole.

NOES: Commissioners Corman and Furie.

ABSTAIN: None.

ABSENT: None.

JON,%Jr!1AN LAIT, AICP
Seci’ary of the Planning Commission!
City Planner
City of Beverly Hills, California
ATTACHMENT 5
JUNE 20, 2017 CITY COUNCIL

MEETING AGENDA REPORT

AGENDA REPORT
Meeting Date: June 20, 2017
Item Number: F—4
To: Honorable Mayor & City Council
From: Susan Healy Keene, AICP, Director of Community Development Subject: MODIFICATION OF AN EXISTING COVENANT TO ALLOW UP TO 11,000 SQUARE FEET OF MEDICAL USE IN THE EXISTING
COMMERCIAL BUILDING LOCATED AT 9150 WILSHIRE

BOULEVARD
Attachments: 1. Covenant And Agreement For Use Of Building At 9150 Wilshire Boulevard (recorded October 18, 1991)

2. Covenant and Agreement to Prohibit Restaurant, Entertainment, and Medical Office Uses (recorded July 1, 1991; superseded by Covenant in Attachment 1)

3. Parking and Traffic Analysis Memo

4. Covenant for Off-Site Parking (for 9090 Wilshire Boulevard)

5. Plans

6. Draft Proposed Covenant

RECOMMENDATION
It is recommended that the City Council approve the requested amendment to an existing covenant to increase the amount of medical floor area allowed in the building at 9150 Wilshire Boulevard from 5,000 square feet to 11,000 square feet and modify the number of excess parking spaces required from 86 spaces to 65. It is also recommended that the City Council authorize the City Manager to execute a new covenant as set forth in Attachment 6 of this report.

Alternatively, the City Council may refer the matter to the Planning Commission for input and a recommendation for consideration by the City Council at a future meeting.

BACKGROUND
The subject property was developed in 1990 with a three-story commercial building and four levels of parking (located at and below grade). The existing commercial building

Meeting Date: June 20, 2017
contains approximately 85,000 square feet of floor area with 333 on-site parking spaces located in the subterranean garage. The building is occupied by multiple tenants including both general office and medical office tenants. When the development of the subject building was approved in 1988, the Environmental Review Board1 issued a Mitigated Negative Declaration. The decision of the Environmental Review Board was appealed to the City Council and the approval was ultimately granted with the addition of conditions of approval. These conditions included a prohibition of restaurant, entertainment-type uses, and medical uses, likely as a response to concerns raised by neighbors and the appellant related to traffic and parking. On July 1, 1991, a covenant was recorded to memorialize these restrictions. On September 24 1991, the City Council approved a request by the applicant to amend the covenant in order to allow a maximum of 5,000 sf of medical use floor area. The minutes from the public hearing indicate that Councilmembers approved the request due to the relatively small size of medical floor area proposed and because the building contained sufficient parking to accommodate the use. The covenant memorializing this approval, which remains in effect, restricts medical uses to a maximum of 5,000 square feet of floor area and retained the prohibitions on restaurant and entertainment-type uses. Currently, the building contains approx. 3,620 sf of floor area dedicated to medical uses and approximately 80,592 sf of floor area dedicated to general office uses.

In 2011, the City adopted an ordinance regulating medical uses, which restricted medical floor area to the amount that existed at the time, with the exception that owners of buildings with one or more legally existing medical uses could add up to 6,000 square feet of medical use if certain conditions can be met (including providing required parking). The request before the City Council is to amend the covenant to increase the maximum amount of medical floor area from 5,000 square feet to 11,000 square feet, thus allowing the property owner to avail themselves of the code-permitted 6,000 square foot expansion in accordance with current medical use restrictions. If the current covenant did not limit the amount of medical use in the building, the City’s medical use ordinance would allow an additional 6,000 square feet of medical uses by right, provided that the criteria of Section 10-3-1620.1 B. are met, and would be consistent with the requirements applicable to other buildings in the City that have existing medical uses.

The covenant also contains a provision requiring an amount of “excess” parking spaces to be provided on the property. If the Council approves the present request, staff recommends modifying the covenant to accurately reflect the number of excess spaces required, after accounting for the medical office space, which has a higher parking requirement than general office space. The City Council was the approving authority for the existing covenant and, therefore, the Council is the reviewing authority on the requested amendments.

DISCUSSION
Parking Requirements
The original approval required the building to provide 86 parking spaces in excess of Beverly Hills Municipal Code (BHMC) requirements. For that reason, the building was constructed with more than the required amount of parking if it were completely occupied by a general office use. With a total of 333 parking spaces, the on-site parking is 1 The Environmental Review Board is no longer in existence; the Planning commission is now the reviewing authority on all development projects requiring environmental review.

Meeting Date: June 20, 2017
sufficient to accommodate the requested expansion of medical use and maintain 65 excess parking spaces if the building is fully occupied.

In 2009, the Planning Commission approved Resolution No. 1556, approving a Conditional Use Permit to allow the property owner at 9090 Wilshire Boulevard to access some of the surplus parking spaces at 9150 Wilshire (the subject property) as required off-site parking for an expansion of medical use. Currently, the 9150 Wilshire property (the subject property) provides 51 parking spaces as off-site parking for medical uses at 9090 Wilshire Boulevard; a covenant recorded on April 8, 201 1 requires these spaces to be made available to tenants of 9090 Wilshire Boulevard (Attachment 4). The covenanted off-site spaces are required to be located on level P-4 of the subject property’s subterranean garage and are identified on-site and are numbered on the plans. A total of 333 parking spaces are available for meeting the parking requirements of the subject property, though 51 of these spaces are covenanted to the 9090 Wilshire property. As illustrated in the table below, both the existing and proposed configurations of floor area result in an excess of parking supply on the site as compared with BHMC parking requirements.

Including the covenanted off-site parking spaces, there is a surplus of 78 parking spaces on-site. If the present request is approved, the building would then provide of 65 excess parking spaces in excess of BHMC parking requirements. In light of this change, the covenant would then be amended to change the requirement of 86 excess parking spaces to 65.
and Parking Requirements
Parking Requirement
14 required for up
to 5,000 sf 25 required for up to 55 required for up to Medical Office 5,000 sf 11,000 sf
(1 space per 350
-‘.9 (1 space per200 sI) (1 space per 200 sf)
Total Required 245 required 255 required 268 required
Excess parking
spaces required by 86 spaces 86 spaces** 65 spaces
covenant

Meeting Date: June 20, 2017
Total Spaces at
Project Site 333 spaces 333 spaces 333 spaces
*Note: Pursuant to Planning Commission Resolution No. 1556, 51 parking spaces are covenanted to off-site uses located at 9090 Wilshire Blvd. These 51 parking spaces are counted as part of the existing and proposed surplus of parking available on the site. Should this covenanted arrangement terminate in the future, the 51 off-site spaces would continue to be part of the excess parking requirement and supply.
**Note: In 1989, Ordinance No. 89-0-2082 established the parking requirement for medical office uses at 1 space per 200 square feet of floor area. This may account for the discrepancy between the covenanted requirement and the number of excess spaces available on-site.

Traffic impacts
The applicant submitted a traffic and parking study, which has been peer-reviewed by the City’s traffic engineer, that includes analysis of empirical parking demand and trip generation based on recent counts. The counts included brief surveys of drivers arriving and leaving the site to establish whether trips were generated by general office or medical tenants. The analysis demonstrates that the parking provided on-site would be sufficient to accommodate the change of use to allow an additional 6,000 square feet of medical use. The current medical uses on-site generate trips at a lower rate during morning and afternoon peak hours than the general office uses. For this reason, the expansion of medical uses and corresponding reduction in general office uses would be expected to generate fewer peak hour trips to the site overall. The study notes that the empirical trip generation rates are lower than those used by the Institute of Transportation Engineers (ITE) for both general office and medical uses. Using the ITE rates for the corresponding change in floor area for general office and medical office, the study notes that the proposal would generate a nominal increase of 4 trips during the AM peak period and 9 trips during the PM peak period. Based on the submitted study, there would not be traffic impacts from the conversion of an additional 6,000 sf of floor area to medical use.

Public Notice
On June 9, 2017, notice of a public meeting regarding the proposed amendment was posted on the property and notice was mailed to property owners and residents of within 500’ of the subject property, extended out to the block-face. To date, staff has received no comments on the request.

Environmental Review
This project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.), and the environmental regulations of the City. The project appears to qualify for a Class 1 Categorical Exemption pursuant to Section 15301 of the State CEQA Guidelines as a change of the allowed use of existing floor area in an existing structure. The City Council will consider finding that the project will not have a significant environmental impact and is exempt from the provisions of CEQA. The proposed additional 6,000 square feet of medical floor area is currently general office floor area and constitutes approximately 7% of the overall floor area of the existing building.

Meeting Date: June 20, 2017

FISCAL IMPACT
No fiscal impact to the City is anticipated from a Council decision on this matter.

RECOMMENDATION
It is recommended that the City Council approve the requested amendment to an existing covenant to increase the amount of medical floor area allowed in the building at 9150 Wilshire Boulevard from 5,000 square feet to 11,000 square feet and modify the number of excess parking spaces required from 86 spaces to 65. It is also recommended that the City Council authorize the City Manager to execute a new covenant as set forth in Attachment 6 of this report.

Alternatively, the City Council may refer the matter to the Planning Commission for input and a recommendation for consideration by the City Council at a future meeting.

Susan Healy Keene, AICP
Director of Community Development
ZL
Approved

ATTACHMENT 6
OCTOBER 26, 2017

PLANNING COMMISSION

MEETING STAFF REPORT
eq
9 City of Beverly Hills
Planning Division 455 N. Rexfcd Drive Beverly H4s, CA 90210 TEL, (310)285-1141 FAX. (310) 858-5965
Planning Commission Report
Meeting Date:

Project Applicant:

Recommendation:

October 26, 2017
9150 WILSHIRE BOULEVARD
Covenant Amendment (PL1619772)
A request from the City Council of the City of Beverly Hills to provide a recommendation regarding a request to amend an existing covenant to allow a maximum of 11,000 square feet of medical use in the existing commercial building located at 9150 Wilshire Boulevard. The Planning Commission will also consider recommending a Class 1 Categorical Exemption for the Project.

Dr. Armand Newman, New Lion Enterprises, LLC
Staff recommends that the Planning Commission hold the public hearing and make a recommendation on the request to the City Council.

REPORT SUMMARY
A request has been made for an amendment to an existing covenant to allow an increase in medical floor area in the existing building located at 9150 Wilshire Boulevard. In 1988, the Environmental Review Board approved development of the building when it adopted a Mitigated Negative Declaration. This decision was appealed to the City Council, which upheld the decision and imposed additional conditions of approval. The covenant recording this decision limits the building to a maximum of 5,000 square feet of medical floor area and requires the building to maintain parking spaces in excess of parking requirements for the uses on-site. The request is specifically to amend the covenant in order to increase the maximum amount of medical use floor area from 5,000 square feet to 11,000 square feet and to modify the number of excess parking spaces required from 86 spaces to 65. If approved, the request would involve the City Council authorizing the City Manager to execute a new covenant as set forth in Attachment B of this report.

On June 20, 2017, the City Council originally reviewed the request for modifications to an existing covenant and directed Staff to present the request to the Planning Commission for review and a recommendation to the City Council regarding the proposed covenant amendments. The City Council requested a recommendation from the Planning Commission because it is the body that is generally responsible for advising the City Council on land use issues. This report provides a description of the proposal and provides analysis on key issues Attachment(s):

A. ctena to Expand Medical Use
B. Draft Proposed Covenant
C. Draft Planning Commission Resolution
D. Public Notice
E, City Council Staff Report and Attachments — June 20, 2017 F. Correspondence from the Public
G. Planning Commission Resolution No. 1556
Report Author and Contact Information:

Alek Miller, AICP, Associate Planner
(310) 285-1196
amillerbeverlyhills.org
Subject:
89 Planning Commission Report
9150 Wilshire Boulevard
October26, 2017
Page2of 10
relating to: traffic and parking, compliance with current Municipal Code requirements regarding the expansion of medical floor area (adopted in 2011), and the appropriateness of the proposed use. The recommendation in this report is for the Planning Commission to conduct a public hearing, review the requested amendments to the subject covenant, and adopt the draft resolution (Attachment C) recommending the City Council approve modifications to the subject covenant.

BACKGROUND
File Date
Application Complete
Subdivision Deadline
CEQA Deadline
CEQA Determination
Permit Streamlining
Applicant(s)
Owner(s)
Representative(s)
Prior PC Action
Prior Council Action
CHC Review
12/15/2016
6/15/2017
N/A
60 days from CEQA Determination
Categorical Exemption
Take action on project within 60 days of CEQA determination Dr. Armand Newman, New Lion Enterprises, LLC
Willet H. Brown, LP
N/A
Resolution No. 1556: In 2009, 51 parking spaces were
covenanted to off-site uses located at 9090 Wilshire Blvd.

Request for recommendation from Planning Commission, June 20, 2017
None
Year Built
Historic Resource
Protected Trees/Grove
9146-9158 Wilshire Boulevard
4331-018-001, 4331-018-002, 4331-018-003, 4331-018-004
C-3
Commercial, low general
3-story, 85,000 SF Commercial office building, including medical and general office uses
Approximately 158’ x 257.8’ (40,732.4 square feet in area) Adiacent Zoning and Land Uses
North
East
South
C-3 — Commercial (9171 Wilshire, mix of medical and general office uses)
C-3 — Commercial (9100 Wilshire, mix of medical and general Office uses)
R-4 — Multiple family residential

PROPERTY AND NEIGHBORHOOD SETTING
Property Information
Address
Assessor’s Parcel No.

Zoning District
General Plan
Existing Land Use(s)
Lot Dimensions & Area
1990
N/A
N/A
90 Planning Commission Report
9150 Wilshire Boulevard
October 26, 2017
Page3oflO
C-3 — Commercial (9200 Wilshire, currently vacant; entitled for mixed-use project)
Wilshire Boulevard to north, alley to rear, Oakhurst Drive to east, and Palm Drive to west.

Wilshire Boulevard eastbound: 21,500 average daily volume Wilshire Boulevard westbound: 23,100 average daily volume 20’ alley to the rear of property
15’ parkways on both sides of Wilshire Boulevard
1 2’6” parkways on Oakhurst Drive
12’6” parkways on Palm Drive
Wilshire Boulevard and South Oakhurst Drive; Wilshire Boulevard and South Palm Drive
Wilshire Boulevard is identified as a street carrying regional traffic and as a truck route.

West
Circulation and Parking
Adjacent Street(s)
Traffic Volume
Adjacent Alleys
Parkways & Sidewalks
Nearest Intersection
Circulation Element

NEIGHBORHOOD CHARACTER
The subject property is 0.91 acres in area, located in the Central Area of the City, and is surrounded by commercial development along Wilshire Boulevard. The property directly to the west, 9200 Wilshire Boulevard, is currently a surface parking area used to store vehicle inventory for the Lexus car dealership. The property owner of 9200 Wilshire Boulevard recently received Planning Commission approval for an amendment to entitlements allowing for a sixstory, mixed-use commercial and residential project. South Palm Drive and South Oakhurst Drive are developed with two- to four-story multiple family residences to the south of the project site. Wilshire Boulevard is a heavily traveled, major thoroughfare that crosses the City east to west. Oakhurst Drive and Palm Drive are narrow residential streets that provide north-south access to the project site as well as multiple family residential properties to the south. 91 Planning Commission Report
9150 Wilshire Boulevard
October 26, 2017

I jyi1N ‘1
92 PROJECT DESCRIPTION
The existing three-story commercial office building contains approximately 85,000 square feet of floor area with 333 parking spaces located in an on-site subterranean garage. The proposed request consists of amendments to a covenant recorded on the property. The subject property was developed in 1990 with a three-story commercial building and four levels of parking (located at and below grade). The development of the property was approved through the following actions:
• March 16, 1988: the Environmental Review Board1 issued a Mitigated Negative Declaration, allowing construction of the three-story building. • May 10, 1988: The City Council reviewed the Environmental Review Board’s decision due to an appeal filed by a resident. The appeal was denied and approval of the project was granted with the addition of conditions of approval. The covenant memorializing the decision prohibited restaurant, entertainment-type, and medical uses. Based on review of minutes of the meeting, these conditions were likely added as a response to concerns raised by neighbors and the appellant related to traffic and parking. On July 1, 1991, a covenant was recorded to memorialize the prohibition on restaurant, entertainment-type, and medical uses.
• September 24, 1991: The City Council approved a request by the applicant to amend the covenant in order to allow a maximum of 5,000 sf of medical use floor area, required 86 parking spaces in excess of BHMC requirements, and other conditions of approval.

On October 18, 1991, a covenant was recorded to memorialize these conditions and to terminate the previously recorded covenant.

The 5,000 square-foot maximum for medical use floor area prohibits the subject building from utilizing a Beverly Hills Municipal Code fBHMC) provision adopted in 2011, which allows building owners to expand medical use floor area by up to 6,000 square feet if they can meet specific criteria set out in BHMC §10-3-1620.1. This provision allows for the limited expansion of medical floor area in buitdings that already contain some medical floor area as a by-right process. The City Council will be the final reviewing authority on the request. The City Council has requested a recommendation from the Planning Commission with regard to the subject request because the Planning Commission is generally responsible for advising the City Council on land use issues.

Requested Entitlements. The project requires approval by the City Council in order to amend the covenant. No specific entitlements are required for the proposed project. For this reason, there are no clearly defined findings the reviewing authority must make in order to approve the request.
1 The Environmental Review Board is no longer in existence; the Planning Commission is now the reviewing authority on all development projects requiting environmental review.

Planning Commission Report
9150 Wilshire Boulevard
October 26, 2017
Page5of 10
93 ERLY Planning Commission Report
9150 Wilshire Boulevard
October 26, 2017

GENERAL PLAN2 POLICIES
The General Plan includes numerous goals and policies intended to help guide development in the City. Some policies relevant to the Planning Commission’s review of the project include:
• Policy ES 1.3 Tax Base. Consistent with future economic sustainability plans, identify opportunities to enable the expansion of the City’s tax base • Policy ES 1.5 Attract New Businesses and Industries. Consistent with future economic sustainability plans, encourage and attract new businesses in existing industries and new industries to locate and expand within the City in order to ensure a diverse, leading-edge business community.
• Policy LU 9.6 Medical Uses. Study, adopt and implement regulations that appropriately regulate medical land uses in the City.
• Policy LU 12.1 Functional and Operational Compatibility. Require that retail, office, entertainment, and other businesses abutting residential neighborhoods be managed to assure that businesses do not create an unreasonable and detrimental impact on neighborhoods with respect to safety, privacy, noise, and quality of life by regulating hours of operation, truck deliveries, internal noise, staff parking and on-site loitering, trash storage and pick-up and other similar business activities.

ENVIRONMENTAL ASSESSMENT
This project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.), and the environmental regulations of the City. The project appears to qualify for a Class 1 Categorical Exemption pursuant to Section 15301 of the State CEQA Guidelines as a change of the allowed use of existing floor area in an existing structure. The Planning Commission will consider making a recommendation to the City Council to find that the project will not have a significant environmental impact and is exempt from the provisions of CEQA. The proposed additional 6,000 square feet of medical floor area is currently general office floor area and constitutes approximately 7% of the overall floor area of the existing building.

PUBLIC OUTREACH AND NOTIFICATION
Type of Notice Required Required Notice Actual Notice Actual Period Period Date Date
Posted Notice N/A N/A 10/19/2017 7 Days
(agenda)
Newspaper Notice N/A N/A N/A N/A
Mailed Notice (Owners 10 Days 10/16/2017 10/16/2017 10 Days & Occupants - 500’
Radius)
Property Posting 10 Days 10/16/2017 10/16/2017 10 Days
2 Available onhne at pbeverIhi1ls.orQ/business/constjonlanduse/eneraIlan/ 94 Planning Commission Report
9150 Wilshire Boulevard
October 26, 2017
Page7of 10
Website N/A N/A 10/19/2017 7 Days I
After the City Council hearing on June 20, 2017, staff received one letter in opposition to the project from a tenant of the subject building. The letter notes constraints on parking and elevator service in the building and is available in Attachment F.

ANALYSIS
In reviewing the requested entitlements, the Commission may wish to consider the following information as it relates to the project and required findings.

Prior City Council Review. On June 20, 2017, the City Council reviewed the request and referred the project to the Planning Commission for a recommendation. During the discussion, Councilmember Mirisch suggested that a public benefit should be sought in exchange for granting the request to modify the covenant. Public benefits are a requirement for an applicant requesting the legislative action of applying a Medical Use Overlay Zone to a property per BHMC § 10-3-1857(F), and any public benefit offered to the City should be intended to offset any impacts that might result from application of the Medical Use Overlay Zone. In contrast to the Medical Use Overlay Zone requirement for a public benefit, there is no public benefit requirement for building owners who seek the limited medical use floor area expansion that is allowed by-right in buildings with existing permitted medical floor area through the provisions identified in BHMC § 10-3-1620.1. Accordingly, the applicant has not offered a public benefit to the City at this time. More information on this provision is provided in this report and in Attachment A. Additionally, Mayor Bosse noted that all residents in the neighborhood should be notified prior to the Commission hearing. In accordance with the standard noticing requirements for Commission- and Council-level cases, a mailed notice was sent 10 days prior to the City Council hearing to residents and property owners within a radius of 500 feet extended to the block-face. The same noticing practice has been followed for the October 26, 2017 Planning Commission hearing. In addition, on-site posted notice has been provided for both hearings.

Parking Requirements. The original approval for development of the subject building required that 86 parking spaces in excess of BHMC requirements be provided. This requirement resulted in the construction of 333 on-site parking spaces at the project site.

The on-site subterranean garage provides 88 more parking spaces than required to meet BHMC parking requirements, based upon full occupancy of the building, inclusive of 5,000 square feet of medical use floor area.

In 2009, the Planning Commission adopted Resolution No. 1556 (Attachment G), which approved a Conditional Use Permit to allow the property owner at 9090 Wilshire Boulevard to access some of the surplus parking spaces at 9150 Wilshire Boulevard (the subject property) as required off-site parking for an expansion of medical use at the 9090 Wilshire Boulevard property. Currently, the 9150 Wilshire Boulevard property (the subject property) provides 51 parking spaces as off-site parking for medical uses at 9090 Wilshire Boulevard as provided in the CUP and the associated covenant.
95 RLY
There is no proposed increase in the height, density, or footprint of the building; rather, approval of the request would allow for conversion of existing general office floor area to medical floor area. Medical uses are assigned a higher parking requirement than general office uses: medical uses require parking at a rate of one parking space per 200 square feet of floor area, while general office uses are required to provide parking at a rate of one parking space per 350 square feet of floor area. Considering the higher parking rate for medical uses, sufficient parking is available on-site to meet parking requirements for the proposed expansion of medical uses. After the proposed expansion of medical use, the building would retain 65 parking spaces in excess of parking requirements for the full use of the building in addition to meeting the obligations of the off-site parking covenant for 9090 Wilshire Boulevard. As illustrated in the table below, both the existing and proposed configurations of floor area result in an excess of parking supply on the site as compared with BHMC parking requirements.

Comparison of Floor Area and Parking Requirements
Land Use
Medical Office
80 59 f 230 for approx. 213 for approx. 74,592
General Office ‘ S 80,592 sf sf general
(1 space per 350 (1 space per 350 sf) (1 space per 350 sf) Total Required
Excess parking
spaces provided*
Excess parking
spaces required by
covenant
Planning Commission Report
9150 Wilshire Boulevard
October26, 2017
PageS of 70
Parking Requirement
Parking Existing
Requirement for Parking Proposed
Parking Requirement Original Approval Requirement
14 required for up
to 5 000 sf 25 required for up to 55 required for up to 5,000sf 11,000sf
(1 space per 350 (1 space per 200 sf) (1 space per 200 sf) 230 for approx.
245 required 255 required 268 required
88 spaces 78 spaces 65 spaces
86 spaces 86 spaces** 65 spaces
96 Pbnning Commission Report
9150 Wilshire Boulevard
October26, 2017

Traffic Impacts. In addition to the discussion about parking requirements above, a report was prepared to evaluate potential traffic and parking impacts of the proposal. The report details the parking requirements from the BHMC and develops empirical parking demand rates. The report involved conducting on-site counts of the existing trips generated by the uses and establishing an empirical parking demand and trip generation rates. At the time of the study, the combined general office and medical uses at the existing building generated trips at the highest rate in the afternoon period. General office uses in the building generated trips at a higher rate than the existing medical tenants. Based on the empirical rates developed from observed trip generation, the conversion of additional floor area to medical use would result in a reduction in the number of trips in both morning and afternoon peak hour periods. This may be because medical uses tend to generate trips steadily throughout the day while general office uses typically have a concentration in trips at the morning and afternoon peak periods. As a complement to the empirical rates developed, the report includes an estimate based on the Institute of Transportation Engineers (ITE) rates for the given uses. The ITE rates indicate that the proposed expansion in medical would result in an increase of 16 total peak hour trips, with the majority in the afternoon period. The traffic analysis indicates that the proposed expansion of medical use floor area would not have an adverse impact on traffic in the area due to the presence of sufficient parking on-site and a very small effect on peak hour trips. The full traffic and parking analysis, prepared by the applicant and peer reviewed by City staff, is included as Attachment 3 of the June 20, 2017 City Council staff report (Attachment E).

Expansion of Medical Use. The proposed action would allow the property owner to access an expansion of medical use in the existing commercial building that is available by right to other medical building owners. The City’s medical use ordinance allows buildings that had legal, existing medical floor area when the ordinance went into effect in 2011 to expand the amount of medical floor area to expand by up to 6,000 square feet if the expansion meets a set of criteria outlined in BHMC § 10-3-1620.1(B). These criteria include provisions that ensure the expanded medical use floor area meets parking requirements, is not located on the ground floor in the pedestrian oriented area of the City, and is not used to establish new specialty clinics. A review of how the project meets these criteria is contained in Attachment A.
‘ursuantto I .ann.ng commission l.esolut.on r. ., .. -spaces are covenanted to off-site uses located at 9090 Wilshire Blvd. These 51 parking spaces are counted as part of the existing and proposed surplus of parking available on the site. Should this covenanted arrangement terminate in the future, the 51 off-site spaces would continue to be part of the excess parking requirement and supply.
**,.j_._. I.._ lflflfl f.....I fin f. finfin ..L...LI I.... .......I . __ £.. ._._.I .I —— 97 Planning Commission Report
9150 Wilshire Boulevard
October26, 2017

The applicant has not proposed a specific type of medical use at this time. Any medical use proposed would be required to meet all zoning and building code standards, including those governing expansion of medical uses in existing buildings and overnight stays for surgical centers.

Summary
Taking into account the parking requirements of the proposed use and the presence of excess parking on-site, it appears that the subject property can support the proposed increase in medical use. This change would not result in substantial adverse impacts to the residential neighbors to the south, nor would it cause a shortage in parking in the existing subterranean parking garage. Therefore, staff recommends conditional approval of the covenant amendment.

Recommendation
Staff recommends that the Planning Commission conduct the public hearing and adopt a resolution recommending conditional approval of the requested covenant amendments.

Alternatively, the Planning Commission may consider the following actions:

1. Recommend approval of the project with modified conditions of approval.

2. Recommend denial of the requested covenant amendment.

3. Direct staff or applicant as appropriate and continue the hearing to a date (un)certain, consistent with permit processing timelines.

Report Reviewed By:

R n Go ich, AICP, Assistant Director of
C m ity Development / City Planner
I:\Panning’AIek MiIIer\Current Planning\PC and CC\Wilshire 9150 - Medical Use Covenant Amendment\Planning Commission Review\Staff Report
98 ATTACHMENT 7
NOVEMBER 9, 2017

PLANNING COMMISSION

MEETING STAFF REPORT
V City of Beverly Hills
Planning Division I I
455 N, Rexford Drive Beverly Hills, CA 90210
TEL. (310)285-1141 FAX (310) 858-5966
Planning Commission Report
Meeting Date: November 9, 2017
Subject: 9150 WILSHIRE BOULEVARD
Covenant Amendment (PLI 619772)
A request from the City Council of the City of Beverly Hills to provide a recommendation regarding a request to amend an existing covenant to allow a maximum of 11000 square feet of medical use in the existing commercial building located at 9150 Wilshire Boulevard. Continued from the October 26, 2017 Planning Commission Hearing.

Project Applicant: Dr. Armand Newman, New Lion Enterprises, LLC Recommendation: That the Planning Commission adopt the resolution memorializing the Planning Commission’s recommendation to the City Council to deny the request to modify the existing covenant that limits the building at 9150 Wilshire Boulevard to a maximum of 5,000 square feet of medical floor area.

BACKGROUND
A request has been made for an amendment to an existing covenant to allow an increase in medical floor area in the existing building located at 9150 Wilshire Boulevard.

In 1988, the Environmental Review Board approved development of the building when it adopted a Mitigated Negative Declaration. This decision was appealed to the City Council, which upheld the decision and imposed additional conditions of approval. The covenant recording this decision limits the building to a maximum of 5,000 square feet of medical floor area and requires the building to maintain parking spaces in excess of parking requirements for the uses on-site. The request made by the applicant is specifically to amend the covenant in order to increase the maximum amount of medical use floor area from 5,000 square feet to 11,000 square feet and to modify the number of excess parking spaces required from 86 spaces to 65.

On June 20, 2017, the City Council reviewed the request for modifications to an existing covenant and directed Staff to present the request to the Planning Commission for review and a recommendation to the City Council regarding the proposed covenant amendments. The City Council requested a recommendation from the Planning Commission because it is the body that is generally responsible for advising the City Council on land use issues.

Attachment(s): Report Author and Contact Information:

A. Planning Commission Resolution Alek Miller, AICP, Associate Planner (310)285-1196
[email protected]
41 RLY
On October 26, 2017, the Planning Commission held a duly noticed public hearing to review the request. At the conclusion of that meeting, the Planning Commission voted 4-1 (with Commissioner Shooshani dissenting) to direct staff to prepare a resolution recommending denial of the requested amendments to the City Council. In its review of the project, the Planning Commission raised concerns about traffic congestion and parking in the neighborhood and noted that other recent projects in this area have been required to provide parking in excess of Municipal Code requirements. Commissioners expressed reluctance to amend conditions that had been placed on a project through the City’s approval process. Additionally, due to the nature of the request (modification of a covenant between the City and a property owner), Commissioner Corman suggested that a public benefit would be appropriate if the City Council were to grant the request. Chair Gordon commented that the medical uses should be separate from general office uses and that medical uses do not sufficiently activate the Street.

ENVIRONMENTAL ASSESSMENT
The project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.), and the environmental regulations of the City. According to Section 15270 of the State CEQA Guidelines, CEQA does not apply to projects which a public agency rejects or disapproves. Consequently, should the City Council choose to deny the requested amendments, such denial would be statutorily exempt from the provisions of CEQA.

RECOMMENDATION
It is recommended that the Planning Commission adopt the attached resolution memorializing the Commission’s decision to recommend denial of the requested amendments to a covenant for the property located at 9150 Wilshire Boulevard.

Report Reviewed By:
,Iich, Assi ant Director of
munity Development / City Planner
l:\Plannlng\Alek Miller\Current Plannlng\PC and CC\Wilshire 9150- Medical Use Covenant Amendment\Plannlng Commission Review\Staff Reports
Planning Commission Report
9150 Wilshire Boulevard
November 9, 2017

42 ATTACHMENT 8
RESOLUTION NO. 1829
RESOLUTION NO. 1829

A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY Of BEVERLY HILLS RECOMMENDING DENIAL OF A

COVENANT AMENDMENT TO INCREASE THE LIMIT ON
MEDICAL USE FROM 5,000 SQUARE FEET TO A
MAXIMUM OF 11,000 SQUARE FEET OF FLOOR AREA

AND REDUCING THE NUMBER OF EXCESS PARKING

SPACES ABOVE PARKING REQUIREMENTS REQUIRED
fROM 86 TO 65 ON THE PROPERTY LOCATED AT 9150
WILSHIRE BOULEVARD (PL16 19772).

WHEREAS, Dr. Armand Newman, on behalf of New Lion Enterprises, LLC (the “Applicant”), has submitted an application for a covenant amendment to modify an existing covenant to allow expansion of medical use in the building to a maximum of 11,000 square feet of floor area and to reduce the number of excess parking spaces required above parking requirements from 86 to 65 on the property located in the Central Area of the City at 9150 Wilshire Boulevard (the “Project”); and
WHEREAS, the City Council is the reviewing authority for all requests that seek to amend previous City Council decisions; and
WHEREAS, the City Council conducted a duly noticed public hearing on June 20, 2017, at which time it received oral and documentary evidence relative to the request to revise a covenant establishing the maximum amount of medical use allowed at 9150 Wilshire Boulevard, and at which time the City Council directed the Planning Commission to review the Project and make a recommendation regarding the requested covenant amendment; and WHEREAS, the Planning Commission conducted a duly noticed public hearing on October 26, 2017, at which time it received oral and documentary evidence relative to the proposed covenant amendment;
NOW, THEREFORE, the Planning Commission of the City of Beverly Hills does resolve as follows:

Section 1. The Planning Commission finds that the project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.), and the environmental regulations of the City.

According to Section 15270 of the State CEQA Guidelines, CEQA does not apply to projects which a public agency rejects or disapproves. Consequently, should the City Council choose to deny the requested amendment, such denial would be statutorily exempt from the provisions of CEQA.

Section 2. The Planning Commission considered the requested increase in medical use and the requisite reduction in amount of excess parking memorialized in the current covenant, and identified various concerns including a) the potential impacts from the increased activity associated with additional medical use, b) the reduction in the amount of excess parking provided at the building and the potential for spillover impacts to the community depending on future mixes of uses in the building, c) whether additional medical use represented an appropriate mix of uses in a -2-
general office building, and U) the concept of obtaining appropriate consideration for the rights the City is asked to give up (in the event of approval ofthe covenant amendment).

Section 3. The Planning Commission does hereby recommend that the City Council make no changes to the existing covenant, recorded on October 18, 1991, on the property located at 9150 Wilshire Boulevard, attached herein as Exhibit A, and deny the requested covenant amendment seeking to increase the amount of medical floor area allowed in the building at 9150 Wilshire Boulevard from 5,000 square feet to 11,000 square feet and to modify the number of excess parking spaces required from 86 to 65. The denial recommendation is because reducing the number of excess parking spaces required by the current covenant has the potential to result in traffic and parking impacts in the neighborhood that could result from increasing medical use alone or in I/I
/1/
I/I
///
-3-
Attest:
conjunction with other existing or future uses in the building, along with concerns regarding mix of uses in the building. However, in the event that the owner and City Council are able to identify a mutually acceptable public benefit that would offset the impacts identified by the Planning Commission, the Planning Commission would not oppose the proposed covenant amendment.

Adopted: November 9, 2017
ohlich,AICP
retary of the Planning Commission
Approved As To form:

David M. Snow
Assistant City Attorney
Exhibits:

A Existing Covenant, recorded October 18, 1991
-4-
Approved As To Content:
[ich, AICP
Director I City Planner
Community Development Department
of Beverly Hills

EXHIBIT A
2 pages excluding this cover
-5-
L
Recorded at the request of
and mail to:

City Clerk
City of Beverly Hills
455 North Rexford Drive
Beverly Hills, California 90212
913454%3

RECORDED N OFFICIAL REGOFIDS I
flECORDER$ OFFICE

LOS ANGELES COUNTY I
Ci’.UFORN!A j
4 8 .ti.OCT
Space above this line for Recorder’s Use
COVENANT AND GREEME!T FOR VSE QE
BUILDING AT 9150 WILSHIRE BQULVARD LLJ
This covenant and agreement is entered into by Casden
Properties, a California General Partnership (hereafter ltCasdenfl)
Section 1. Casden certifies that it is the owner of
the following described real property in the City of Beverly Hills, County of Los Angeles, State of California:

Tract Number 6380, Lots 957,
As filed in Book 69, Pages 11
Records of Los Angeles County
property”)
95B, 959, 960, 961, 962
to 20,
(hereafter “the
Section 2. s a condition of development of the
property with the building commonly known as 9150 Wilshire Boulevard (hereafter “the building”), Casden agrees and covenants that such building shall comply with the following reguirementst.. prohibited.

1. Restaurant and entertainment—type uses shall be

2. Medical office uses shall not exceed a cumulative
total of 5,000 square feet.

3. Free parking shall be provided for all employees
of tenants in the building.

4. Free validated parking shall be provided for all
visitors of tenants in the building.

5. signs adequately informing users of the building of
the parking validation program shall be posted in conspicuous and visible locations.

6. A parking attendant and/or security guard shall be
maintained on duty during the business hours of the building to .
48 2
supervise the exiting of vehicles from the building and to ensure that all such vehicles turn left (north) toward Wilshire Boulevard. c ThEighty_six (86) parking spaces in excess of
Municipal Code requirements shall be provided.

Section 3. Compliance with this covenant and
agreement shall remain a condition of the develàpment approval and the certificate of occupancy of the building.. Violation of this covenant may result in revocation of the certificate of occupancy and prosecution for failure to comply with the development conditions of the building.

Section 4. This covenant and agreement shall run with
the land and shall be binding upon any future owners,
encuinbrancers, their successors, heirs or assigns and shall continue in effect until released or terminated in writing by the City of Beverly Hills.
section 5. That certain Covenant and Agreement To
Prohibit Restaurant, Entertainment and Medical Office Uses, dated May 31, 1991 and recorded as Document No. 91 999368 in the Recorder’s Office of Los Angeles County on July 1, 1991, is hereby terminated.

Dated this
day of
1991
Name of Owner: Casden Properties,
a California General Partnership
By: The Casden Company,
a California Corporation,
By:

Approved for
Recordation:
{Atto4r
Oc4. E3 , 1991
-2- 91 1645423
gws1O65
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. 1 $29 duly passed, approved and adopted by the Planning Commission of said City at a meeting of said Commission on November 9, 2017, 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 ofsaid Commission, to wit:

AYES: Commissioners Corman, Shooshani, Block, Vice Chair Licht, Chair Gordon
NOES: None
ABSTAIN: None
ABSENT: None
Recording Secretary of the
Planning Commission
City of Beverly Hills, California
ATTACHMENT 9
AUGUST 6, 2019

CITY COUNCIL AGENDA

STAFF REPORT

BEVERLY
HILLS

AGENDA REPORT
Meeting Date: August 6, 2019
Item Number: F—i
To: Honorable Mayor Mirisch & City Council
From: Ryan Gohlich, AICP, Assistant Director of Community Development I City Planner
Subject: MODIFICATION OF A COVENANT RESTRICTING BUILDING USES TO INCREASE ALLOWABLE MEDICAL FLOOR AREA FROM 5,000
SQUARE FEET TO 11,000 SQUARE FEET IN THE EXISTING
COMMERCIAL BUILDING LOCATED AT 9150 WILSHIRE

BOULEVARD
Attachments: 1. Draft Modified Covenant

2. Covenant and Agreement to Prohibit Restaurant, Entertainment, and Medical Office Uses
(Document No. 91999368, recorded July 1, 1991)

3. Covenant and Agreement For Use of Building at 9150 Wilshire Boulevard
(Document No. 911645423, recorded October 18, 1991)

4. Covenant for Off-Site Parking Spaces
(Document No, 20110517785, recorded April, 8,2011)

5. June 20, 2017 City Council Meeting Agenda Report
(no attachments)

6. October 26, 2017 Planning Commission Meeting Staff Report (no attachments)

7. November 9, 2017 Planning Commission Meeting Staff Report (no attachments)

8. Planning Commission Resolution No. 1829

9. Public Benefit Proposal

10. Parking and Traffic Analysis Memorandum

11. Plans

RECOMMENDATION
Staff recommends that the City Council consider modifications to a covenant to increase the amount of medical floor area allowed in the building at 9150 Wilshire Boulevard from 5,000 square feet to 11,000 square feet and modify the number of excess parking spaces required from 86 spaces to 65 spaces. In the event that the City Council reaches agreement on appropriate public

Meeting Date: August 6, 2019
benefits, staff recommends that the City Council authorize the City Manager to execute a new covenant substantially as set forth in Attachment 1 of this report, inclusive of any modifications directed by the City Council.

BACKGROUND
Dr. Armand Newman of New Lion Enterprises, LLC. (the Applicant) requests an amendment to a covenant restricting building uses in order to increase the amount of allowable medical use floor area within an existing building located at 9150 Wilshire Boulevard (the Project Site). A covenant recorded on October 18, 1991 (Document No. 911645423, included as Attachment 3) currently restricts the amount of medical floor area in the building to a maximum of 5,000 square feet, and requires the maintenance of 86 parking spaces in excess of code-required parking. The existing three-story commercial building contains approximately 85,000 square feet and 333 parking spaces in subterranean parking levels. Currently, medical uses occupy approximately 3,620 square feet of floor area in the building, while general office uses occupy approximately 80,592 square feet of floor area. Supplemental background information regarding the history of the Project Site and neighborhood setting can be found in the reports prepared for the June 20, 2017 City Council meeting, October 26, 2017 Planning Commission meeting, and November 9, 2017 Planning Commission meeting, included as Attachments 5-7, respectively.

The proposed amendment would permit medical uses to occupy an additional 6,000 square feet (approximately 7% of the overall floor area) of floor area for a new maximum of 11,000 square feet of medical use floor area. The requested modification to the maximum amount of medical use floor area in the building would affect the amount of parking required, and as a result, the number of excess parking spaces required by the covenant would need to be reduced from 86 spaces to 65 spaces.

Previous City Council and Planning Commission Actions and Review • 1988; The Environmental Review Board1 issued a Mitigated Negative Declaration for the development of a building on the Project Site, which was appealed to the City Council.

The City Council conditionally approved the development with additional restrictions on the uses permitted in the building, memorialized in a covenant recorded on July 1, 1991 (Document No. 91999368, included as Attachment 2). A modified covenant recorded on October 18, 1991 (Attachment 3) superseded the previous one, and limited the building to 5,000 square feet of medical use floor area.
• June 11, 2009; The Planning Commission approved a Conditional Use Permit (via Planning Commission Resolution No. 1556) to allow a portion of the excess parking spaces at the Project Site to serve as required parking for medical uses located at 9090 Wilshire Boulevard. The Project Site currently provides 51 parking spaces for use by tenants of the 9090 Wilshire Boulevard building; a covenant recorded on April 8, 2011 (Document No. 20110517785, included as Attachment 4) memorializes this parking arrangement, and requires that the 51 parking spaces for the 9090 Wilshire Boulevard tenants are located on level P-4 of the Project Site subterranean garage. • February 11, 2011: The Medical Use Ordinance (Ordinance No. 11-0-2602) became effective, and rendered all legally permitted existing medical space in the City as a legal The Environmental Review Board is no longer in existence; the Planning Commission is now the reviewing authority on all development projects requiring environmental review.

Meeting Date: August 6, 2019
nonconforming use. Amongst other provisions, the ordinance allows buildings with legal nonconforming medical floor area to add up to 6,000 square feet of additional medical uses upon meeting certain criteria.
• June 20, 2017: The City Council previously reviewed the Applicant’s request to modify the covenant, and directed staff to present the request to the Planning Commission for their review and recommendation to the City Council.
• October 26, 2017: The Planning Commission reviewed the request, and voted 4-1 to direct staff to prepare a resolution recommending denial of the amendments to the City Council.

The Commission recommended denial due to the potential for traffic and parking impacts resulting from a reduction of excess parking and change in uses in the building, but noted that the Commission would be in support of the request if a mutually acceptable public benefit to offset impacts were to be offered to the City. • November 9, 2017: The Planning Commission voted 5-0 to recommend the denial of the request (via Planning Commission Resolution No. 1829, Attachment 8) to modify the covenant to increase the maximum amount of medical use floor area by 6,000 square feet and to reduce the number of excess parking spaces required to be provided on the Project Site.
• November 29, 2018: The City Council and Planning Commission Liaison Committee, comprised of Councilmember Bosse, then-Mayor Gold, then-Chair Licht, and then-Vice Chair Block, met to discuss the Applicant’s public benefit proposal and the next steps for the Applicant. The public benefit proposed would have provided 14 parking spaces at the Project Site for use by the general public. These spaces would be available between 3:00 — 7:00 PM daily at a flat rate of $5.00, which was intended to offset the loss of street parking on Wilshire Boulevard during anti-gridlock hours. The Committee did not support the proposal and provided feedback regarding an alternate proposed public benefit, and directed staff to return to the City Council with the amendment request and a modified public benefit proposal.

DISCUSSION
In the City Council’s discussion of the proposed covenant amendment, the Council may wish to consider the following information and analysis related to the request.

Trip Generation and Parking Demand
As previously discussed by the City Council and Planning Commission, the proposed covenant amendment may affect traffic and parking demand rates due to the change in use from general office to medical uses and the reduction in surplus parking spaces at the Project Site. The Applicant submitted a Parking and Traffic Analysis Memorandum (Attachment 10), which was previously reviewed by the City Council at its meeting on June 20, 2017. The analysis included in the memorandum is based on empirical parking demand and trip generation observations at the Project Site. The study concludes that the amount of parking provided on site could accommodate the parking demand resulting from the change in use due to the fact that fewer trips to the Project Site were attributed to medical offices than the general offices. Moreover, the actual trips generated at the Project Site were lower than the trip generation rates provided by the Institute of Transportation Engineers (ITE) for both general office and medical uses. Using the

Meeting Date: August 6, 2019
ITE rates for general office and medical office, the study notes that the proposed change in use would generate a nominal increase of 4 trips during the AM peak period and 9 trips during the PM peak period. Based on the analysis and data contained in the memorandum, it is reasonable to conclude that no significant impacts related to traffic or parking would result from the conversion of an additional 6,000 square feet of floor area to medical use.

Parking Requirements
The Project Site currently contains 333 parking spaces on the ground level and within three (3) subterranean parking levels, as shown on the plans included as Attachment 1 1 The covenant recorded on October 18, 1991 requires the building to maintain a surplus of 86 parking spaces in excess of those required by the Beverly Hills Municipal Code (BHMC), and the covenant recorded on April 8, 2011 reserves 51 of the excess parking spaces for use by the medical offices located in the 9090 Wilshire Boulevard commercial building. The original approval for the building required 245 parking spaces, resulting in 88 surplus parking spaces provided at the Project Site. However, Ordinance No. 89-0-2082 changed the parking requirement for medical uses (from 1 parking space per 350 square feet to 1 parking space per 200 square feet), and effectively reduced the number of surplus parking spaces provided at the Project Site to 78 parking spaces. The proposed increase of the amount of allowable medical use floor area would result in a total of 268 parking spaces required, with a surplus of 65 parking spaces2. As such, the covenant amendment includes a request to reduce the requirement for parking spaces in excess of code-requited parking from 86 spaces to 65 spaces.

Public Benefit Proposal
As a result of the Applicant’s discussion with the City Council and Planning Commission Liaison Committee, the Applicant has updated the proposed public benefit. These proposed changes have been incorporated into the draft covenant (Attachment 1) as paragraphs 8, 9,10, and 11 of Section 4. As stated in the public benefit proposal (Attachment 9), the Applicant proposes to include the following provisions in the modified covenant:

A requirement to provide a one-hour medical clinic (overseen by a qualified medical professional) provided once per month. Services offered at the clinic shall include free, comprehensive pre-cancer, cancer, cyst, wart, psoriatic lesion, acne, eczema, skin screening, and full body visual skin condition examinations for senior citizen residents of the City. The clinic’s services shall also involve non-invasive treatments, and referrals or consultations for further treatment if needed. Availability of the clinic shall be advertised in two local newspapers, two times per year, and by written notification to assisted living facilities within the City.

A requirement to provide free parking for visitors of Nessah Synagogue (142 South Rexford Drive) on Saturdays from 9:30 AM — 1:30 PM. This parking would be provided on the basis that Nessah Synagogue provides valet services and personnel to oversee the use of the parking structure during these hours, provided that prior to Nessah Synagogue’s use of the parking structure at 9150 Wilshire Boulevard, Nessah Synagogue or the company providing the valet services and personnel shall provide to New Lion and City’s City Manager proof of insurance in the general aggregate amount of Two Million Dollars ($2,000,000) and a combined single limit of One Million Dollars ($1,000,000) and Worker’s Compensation Insurance in an amount of not less than One Million Dollars 2 The 51 covenanted parking spaces are included in the 65 surplus parking space count.

Meeting Date: August 6, 2019
($1,000,000) naming New Lion, Dr. Armand Newman, and the City of Beverly Hills, as additional insureds. The City of Beverly Hills may, in its sole and absolute discretion, upon thirty days written notice to New Lion and Nessah Synagogue, change or modify the insurance requirements set forth in this paragraph.
• A provision reserving the Applicant’s right to cease the public benefit program after a term of five (5) years, upon providing six months written notice to the City, reverting the 6,000 square feet of medical use floor area back to general office floor area, and recording a new covenant limiting the medical use to 5,000 square feet. • A provision to automatically terminate the public benefit after the Applicant has provided the above services and benefits for a period of seven (7) years, with the right to continue occupying up to 11,000 square feet of building area for medical office uses.

Staff Recommendations and Analysis
Public Benefits Proposed
In light of the public benefits proffered to the City, staff recommends the City Council consider the request to increase the maximum amount of medical use floor area at the Project Site to 11,000 square feet. The public benefit program of a skin screening and treatment clinic will provide a necessary and desirable service for senior citizen residents of the City, and may especially help senior citizens on a limited budget or fixed-income or those who may not have adequate access to comprehensive medical care. Since the covenant amendment would allow medical uses to occupy additional floor area at the Project Site, there is a direct nexus between this discretionary approval and the benefit that will be provided for the public. Moreover, it is a reasonable tradeoff to require that some of this additional medical space be used to provide medical services to the benefit of a vulnerable segment of the community. The clinic will serve as a resource for the City’s existing assisted living facilities, and will supplement medical care for the senior population in the City. Additionally, the free parking provided for Nessah Synagogue may help to offset negative impacts resulting from expanded medical uses at the Project Site. Given that the expansion of medical uses at the Project Site could result in a higher parking demand, there is a clear nexus for the Project Site to provide a public benefit in the form of parking facilities for other uses in the vicinity. In particular, this public benefit will help to alleviate parking impacts for a use located in proximity to the Project Site that may experience short periods of high parking demand, such as the religious services occurring at Nessah Synagogue. Further, the Project Site would continue to provide 51 covenanted parking spaces for 9090 Wilshire Boulevard and maintain a total of 65 parking spaces in excess of code-required parking even after meeting the higher parking demand for the additional medical space in the building. This will benefit the public welfare and convenience by allowing a community organization to utilize parking facilities it would not otherwise have access to, without incurring additional costs to the organization and its members.

In addition, the rights afforded by the Medical Use Ordinance to all commercial buildings in the majority of the City’s commercial zones with legal nonconforming medical uses (assuming there are no other extenuating circumstances) are consistent with the amendment request. The Medical Use Ordinance allows the conversion of up to 6,000 square feet of medical uses in a commercial building if it contains legal nonconforming medical uses and meets certain criteria. These criteria include providing parking at the higher required parking rate for medical uses, but do not include a requirement to provide a public benefit. In consideration of these facts and the public benefits offered, staff recommends that the City Council grant the amendment request to allow 6,000 square feet of additional medical floor area at the Project Site.

PageS of 6
Meeting Date: August 6, 2019
Termination Provision
While the provision allowing termination of the public benefits after five years provided the 6,000 square feet of medical office is converted back to general office appears reasonable, staff has concerns regarding the proposed seven-year public benefit termination (see paragraph 11 of Section 4 of the proposed covenant). Since the proposed provision allows the termination of the public benefit program without reversion of 6,000 square feet of medical office to general office, staff has concerns that this this does not provide public benefits to the City on a long-term basis.

In addition, the Liaisons had concerns regarding a linkage between the benefit received by the Applicant and the benefit received by the public, and allowing the Applicant’s benefit to continue in perpetuity without benefit to the public appears inconsistent with the Liaisons’ direction.

Accordingly, staff recommends that the City Council consider amending the proposed termination provision to provide greater certainty of outcomes such that the benefit to the Applicant of 6,000 square feet of additional medical office is extinguished (through reversion back to general office space) in the event that the public benefits described in the covenant are terminated. As such, staff does not support the termination provision as currently proposed by the Applicant in the draft covenant.

ENVIRONMENTAL ASSESSMENT
This Project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.), and the environmental regulations of the City. Upon review, the Project appears to be exempt from CEQA pursuant to Section 15301 (Class 1 Categorical Exemption) of the State CEQA Guidelines since the Project entails a change to the permitted uses of an existing structure, and does not involve physical alterations to land at this time. Accordingly, staff recommends that the City Council consider finding the Project exempt from the environmental review requirements of CEQA pursuant to Sections 15301.

PUBLIC OUTREACH AND NOTIFICATION
Public noticing occurred for the August 6, 2019 City Council public hearing to consider the proposed amendment in the form of a direct mailing and on-site posting at the Project Site on July 17, 2019. The mailing was sent to property owners and residential occupants located within 1,000’ plus block-face of the subject property. As of the writing of this report, staff has received no public comments on the Project.

FISCAL IMPACTS
There is no direct fiscal impact to the City as a result of a decision on this matter. 4 JSusan
T—
Healy Keene, ,4ICP
Approved By

ATTACHMENT 10

MEDICAL USE ORDINANCE
(ORDINANCE NO. 22-O-2864)
ORDINANCE NO. 22-0- 2864

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 21-0-2852 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, affer 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 B0785-0050\2717054v2.doc
(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 B0785-0050\2717054v2.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:

T0-3-1620.1: 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, B0785-0050\2717054v2.doc
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.

B0785-0050\2717054v2.doc
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 (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. 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.

B0785-0050\2717054v2.doc
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 B0785-0050\2717054v2.doc
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 B0785-0050\2717054v2,doc
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 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:

T0-3-1620.2: 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:

TO-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.

B0785-0050\2717054v2.doc
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.

B0785-0050\2717054v2.doc
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:

T0-3-1602: 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.

B0785-00S0\2717054v2.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.' B0785-0050\2717054v2,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 to read as follows:

T0-3-1603: 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.

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.

B0785-0050\2717054v2.doc
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-3 A 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.

B0785-0050\2717054v2.doc
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 17ofChapter 3 of Title 10 of the Beverly Hills Municipal Code in its entirety.

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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:

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

9. Eating and bar facilities not
governed by subsections B5
through B7 of this section

10. Commercial uses not otherwise
specified in this section

11. Medical offices as defined in
section 10-3-100 of this chapter,
including all areas devoted to
administrative or reception
purposes

12. Manufacturing uses

13. Warehouse uses

14. Exercise club

15. Private training centers
determines that parking demand will be met by means
other than those means specified in 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 BIO of this section may also be applied toward the
requirements of this subsection
1 space per 350 square feet of floor area
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.
1 space per 500 square feet of floor area
1 space per 1,500 square feet of floor area
1 space per 100 square feet of floor area
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.

16. Medical laboratories as defined
under section 10-3-100 of this
chapter
a. Minor Accommodation:
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.
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
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.

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;
b. General Prohibition:
(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
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 B0785-0050\2717054v2.doc
(15) days after its passage in accordance with Section 36933 of the Government Code, shall certify to the adoption of this Ordinance, and shall cause this Ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City.

Section 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: September 20, 2022
Effective: October 21, 2022
ATTEST:'
—

LILI BOSSE
Mayor of the City of Beverly Hills,
California
(SEAL)

HUMA AHMED
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

LAURENCE S. WIENER
City Attorney

GEORGE OTAVEZ
City Manager
B0785-0050\2717054v2,doc
ATTACHMENT 11

PUBLIC NOTICE

BEVRLYRLY
City Clerk’s Office

PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the Council ofthe City of Beverly Hills, at its meeting to be held on Tuesday, December 3, 2024, at 7:00 p.m., in the Council Chamber of the City Hall, 455 N.Rexford Drive, Beverly Hills, CA 90210, will hold a public hearing to consider:

AN AMENDMENT OF AN EXISTING COVENANT TO REMOVE THEMEDICAL USE PROHIBITION IN THE EXISTING COMMERCIAL BUILDING LOCATED AT 9150 WILSHIRE BOULEVARD
A covenant was recorded against the subject property on October 18, 1991 when the City authorized construction of a new commercial building. Among other things, this covenant limits medical uses within the building to 5,000 square feet of floor area. The current request before the City Council is to amend the covenant to remove the prohibition of additional medical use square footage allowed in the building. On September 20, 2022, the City Council adopted Ordinance No.22-0-2864 (Medical Use Ordinance), which allows for the establishment of medical uses in existing and new buildings upon meeting certain conditions. This application is requesting toamend the existing covenant so that the applicant may increase the medical floor area within the building consistent with the conditions set forth in Ordinance No. 22-0-2864.

ENVIRONMENTAL REVIEW
This project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.), theState CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.), and the environmental regulations of the City. Upon review, the project appears to qualify for a Class 1 Categorical Exemption (Existing Facilities) and a Class 1 Categorical Exemption (ExistingFacilities) in accordance with the requirements of Sections 15301 the state CEQAGuidelines. Therefore, the City Council may find the project exempt from further review underCEQA.

HOW TO PARTICIPATE IN THE CITY COUNCIL MEETING
Please be advised that pre-entry metal detector screening requirements are now in place at CityHall. Members of the public are requested to plan visits accordingly. Members of the public may City ofBeverly Hills 455 N. Rexford Drive Beverly Hills, California 90210 p (310) 285-l000f(310) 858-5966 BeverlyHills.org participate in the meeting by attending in-person or telephonically, and may view the meeting through live webcast or BHTV Channel 10 on Spectrum Cable. City Council meetings are broadcast on local Beverly Hills television and on other media platforms. Anyone who participates at the meeting and/or enters the City Council Chamber is subject to having their image displayed.

These recordings will remain publicly accessible in perpetuity.

Public Comment Participation:
• Oral Comment/Listen only: (310) 288-2288• Email: [email protected]• Video (during public comment only): http://beverlyhills.org/comment• To Watch Video Live: http://beverlyhills.org/live or• On-Demand: http://beverlyhills.org/citycouncilmeetings• In-Person: Submit a Speaker Card to the City Clerk at the meeting How to Submit Public Comment (Email/Video):It is recommended that public written comments be submitted to the City Clerk’s office by 12:00 p.m. on the meeting date. Public comments will also be taken during the meeting when the topic is being reviewed by the City Council/Parking Authority. Written comments should identify the Agenda Item Number or Topic in the subject line of the email. The City Clerk will read only the first three minutes (approximately 350 words) of a written comment. In the event of a large number of written comments on one item, written comments may be summarized by the City Clerk’s Office. The entire written comment shall be archived in full as part ofthe record.

If a comment is received after the agenda item is heard, it will not be a part of the record. Publiccomment via video conference will be no longer than three (3) minutes per each individualcomment, subject to City Council discretion based on the anticipated length in the meeting. Inperson speaker cards may be submitted to the City Clerk directly during the meeting.

Any interested person may participate in the meeting and be heard or present written commentsto the City Council. According to Government Code Section 65009, ifyou challenge the Council’s action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City, either at or prior to the public hearing.

In Person Participation:

All interested persons are invited to attend and speak on this matter in person. Please see the above information on the location and time of this meeting.

If there are any questions regarding this notice, please contact Philip Coronel, Associate Plannerin the Planning Division at (310) 285-1173, or by email at [email protected].

City ofBeverly Hills 455 N. Rexford Drive Beverly Hills, California 90210 t(310) 285-1000 fl310) 385-0862 I BeverlyHills.org Please also contact us to add your email to the interested parties list for this ordinance, so that important updates and notifications may be sent to you.

I ( 1
\L, LiJs{,t/? i& X
HUMA AHMEDCity Clerk
Pursuant to the Americans with Disabilities Act, the City of Beverly Hills will make reasonable efforts to accommodate persons with disabilities. If you require special assistance, please call (310) 285-2400 (voice) J or (310) 285-6881 (TTY). Providing at least forty-eight (48) hours advance notice will help to ensure availability of services. City Hall, including the Council Chamber and Room 280A, is wheelchair accessible.

The City Hall Council Chamber and Room 280A are also equipped with audio equipment for the hearing impaired.

City ofBeverly Hills I 455 N. Rexford Drive Beverly Hills, California 90210 t(310) 285-1000 f(310) 385-0862 BeverlyHffls.org