Article 16 — COMMERCIAL ZONE (C-3)

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. Café.

Carpenter shop. Cinema or theater. Conservatory. Dancing academy. Dressmaking or millinery store. Exercise club. Library. Lunchroom.

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

Office.

Paint, paperhanger, or decorating shop or store. Parking garage. Photography gallery. Plumbing shop.

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

Roofing or plastering store or office.

Shop for the conducting of wholesale or retail business.

Store.

Studio.

Tailor.

Upholsterer.

Any similar use. (1962 Code § 10-401; amd. Ord. 69-O-1349, eff. 7-1-1969; Ord. 69-O-1357, eff. 10-16-1969, retroactive to 10-1-1969; Ord. 80-O-1770, eff. 10-2-1980; Ord. 91-O-2133, eff. 12-5-1991; Ord. 94-O-2205, eff. 8-51994; Ord. 02-O-2409, eff. 11-8-2002; Ord. 11-O-2602, eff. 2-11-2011; Ord. 21-O-2846, eff. 11-12-2021; Ord. 22-O2864, eff. 10-21-2022)

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: Café.

Carpenter shops. Clubhouse. Commercial garages. Conservatories. Dancing academies. Dressmaking or millinery shops or stores. Hotel. Library. Lunchroom.

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

Offices.

Paint, paperhanger, and decorating stores. Photographic galleries. Places of amusement. Playground. Plumbing shops. Religious Institutions. 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. (1962 Code § 10-402; amd. Ord. 80-O-1770, eff. 10-2-1980; Ord. 11-O-2602, eff. 2-11-2011; Ord. 22-O-2864, eff. 1021-2022; Ord. 24-O-2894, eff. 6-7-2024)

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.

Sheet metal shops.

Steam laundries.

Undertaking establishments. (1962 Code § 10-404; amd. Ord. 69-O-1349, eff. 7-1-1969; Ord. 69-O-1357, eff. 10-161969, retroactive to 10-1-1969; Ord. 91-O-2133, eff. 12-5-1991; Ord. 94-O-2212, eff. 9-9-1994; Ord. 98-O-2301, eff. 7-2-1998; Ord. 9-O-2336, eff. 11-4-1999; Ord. 11-O-2602, eff. 2-11-2011; Ord. 19-O-2786, eff. 8-16-2019; Ord. 22O-2864, eff. 10-21-2022)

The following uses shall be permitted in the C-3 Zone only if authorized by a conditional use permit issued pursuant to the provisions of article 38 of this chapter:

Alternative parking facilities used to provide required parking for commercial uses, excluding medical uses, pursuant to section 10-3-2730.4 of this chapter.

Amusement parks.

Brewing or manufacture of alcoholic beverages that is ancillary to a dining or bar use or is ancillary to a retail store that sells alcoholic beverages.

Car washes that:

• A. Are enclosed in a building;

• B. Exclusively serve a business whose operation is primarily devoted to the sales, long term leasing or rental of automobiles or other motorized vehicles;

• C. Are located on the site of the business being served; and

D. Do not exceed twenty feet (20') in width or forty feet (40') in length.

When reviewing the conditional use permit application for such car washes, the Planning Commission shall consider the conditional use permit criteria set forth in section 10-3-1613 of this article.

Childcare uses licensed pursuant to State law.

Convenience stores not occupying a tenant space whose primary entrance opens into the interior of a commercial building.

Cosmetic spas pursuant to section 10-3-1620.2 of this article.

Drive-up, drive-in and drive-through facilities, subject to the provisions of section 10-3-1612 of this article. Educational institutions.

Hotels, subject to the provisions of article 28.6 of this chapter.

Mini-shopping centers subject to the provisions of section 10-3-1611 of this article. Museums.

Nightclubs within the business triangle, subject to the provisions of section 10-3-1619 of this article. For the

purposes of this use, the "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.

Off site parking pursuant to section 10-3-2733 of this chapter.

Private training centers of more than three thousand (3,000) square feet of floor area in the business triangle and

more than two thousand (2,000) square feet of floor area outside the business triangle.

Public utility uses, except as provided in section 10-3-2754 of this chapter.

Religious institutions.

Vehicles sales, service or fuel stations, subject to the provisions of section 10-3-1613 of this article and not otherwise prohibited by section 10-3-1603 of this article.

A. The establishment or expansion of any activity that qualifies as a vehicle sales, service or fuel station use shall require a separate conditional use permit.

B. Notwithstanding other provisions of this use, a vehicle sales, service or fuel station that involves only the installation of vehicle accessories shall not require a conditional use permit unless such vehicle sales, service or fuel station is located adjacent to a Residential Zone or separated from a Residential Zone only by a public right-of-way. For the purposes of this use, the term "vehicle accessories" shall include, but not be limited to, tires and alarms, but shall not include engine or body parts.

(Ord. 91-O-2133, eff. 12-5-1991; amd. Ord. 94-O-2205, eff. 8-5-1994; Ord. 94-O-2212, eff. 9-9-1994; Ord. 94-O2212, eff. 9-9-1994; Ord. 98-O-2295, eff. 5-1-1998; Ord. 99-O-2336, eff. 11-4-1999; Ord. 12-O-2625, eff. 8-3-2012; Ord. 16-O-2712, eff. 12-22-2016; Ord. 16-O-2715, eff. 1-7-2017; Ord. 19-O-2786, eff. 8-16-2019; Ord. 21-O-2846, eff. 11-12-2021; Ord. 23-O-2881, eff. 11-17-2023; Ord. 24-O-2894, eff. 6-7-2024)

A. Overnight Stays Permitted: Notwithstanding any other provision in this article, overnight stays in specialty clinics shall be permitted, subject to the restrictions set forth in subsection D of this section.

• B. Definitions: For the purposes of this section, the following words and phrases shall have the following meanings:

OVERNIGHT: The period of each day from ten o'clock (10:00) P.M. until six o'clock (6:00) A.M.

SLEEP DISORDER CENTER: A medical facility accredited by the American Board of Sleep Medicine that provides comprehensive clinical diagnostic evaluations and treatment to patients with symptoms that indicate the presence of a sleep disorder.

SPECIALTY CLINIC: An outpatient health facility, or clinic, licensed by the State of California or operated by a physician or dentist licensed by the State of California, that is not part of a hospital and that provides elective, ambulatory surgical care for patients who remain less than twenty four (24) hours. Specialty clinic shall include, but not be limited to, the following types of facilities:

1. Surgical clinics as defined by California Health and Safety Code section 1204 or its successor;

2. Sleep disorder centers, but only to the extent surgery is performed to correct sleep disorder conditions.

• C. Exclusions: The provisions of this section shall not apply to any of the following uses:

1. Alternative birth centers as defined by California Health and Safety Code section 1204 or its successor;

2. Chronic dialysis clinics as defined by California Health and Safety Code or its successor;

3. Hospitals in which patients are permitted to remain overnight;

4. Rehabilitation clinics or centers, including, but not limited to, rehabilitation clinics as defined by California Health and Safety Code section 1204 or its successor, substance abuse rehabilitation centers, and physical therapy clinics;

5. Sanitariums in which patients are permitted to remain overnight;

6. Sleep disorder centers, except to the extent surgery is performed on site to correct sleep disorders;

7. Urgent care centers, walk-in health clinics, or emergency centers which provide twenty four (24) hour patient care.

• D. Restrictions: The following restrictions shall apply to any specialty clinic that allows overnight stays pursuant to this section:

1. No overnight stays shall be permitted in any specialty clinic unless the owner or operator of such clinic or center first obtains an overnight stay permit in accordance with the provisions of article 36.5 of this chapter.

2. No more than a total of four (4) patients at one time may remain overnight in any specialty clinic, regardless of the number of physicians or surgeons affiliated with such clinic. Nothing in this section shall supersede any federal,

state, or local law regulating specialty clinics, including, but not limited to, any regulations that regulate the number of recovery beds per operating bed that a specialty clinic must provide.

3. The building housing the specialty clinic shall provide on site parking that complies with all applicable parking requirements of this code, but in no event shall such parking be provided at a rate less than one space per three hundred fifty (350) square feet of area for all existing buildings. Such on site parking shall be available free of charge for any employees using the facility between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M.

4. No overnight stays will be permitted at any specialty clinic on Saturday or Sunday.

5. The specialty clinic shall comply with all provisions of article 36.5 of this chapter.

6. The specialty clinic shall comply with all applicable provisions of chapter 4 of this title, including, without limitation, section 10-4-604 of this title. The only permitted sign referring to hours of operation shall be one business identification sign for each fifty feet (50') of ground floor street frontage that a business occupies along a face of a building.

7. The specialty clinic shall comply with all applicable building codes.

8. The specialty clinic shall not discharge patients between the hours of ten o'clock (10:00) P.M. and six o'clock

• (6:00) A.M. For the purposes of this section, "discharge" shall mean to release the patient from the specialty clinic.

9. Overnight stays in a specialty clinic shall only be permitted for patients who are recovering from surgeries performed at that specialty clinic earlier in the day.

10. The specialty clinic shall not perform any surgeries between the hours of ten o'clock (10:00) P.M. and six o'clock (6:00) A.M. Nothing in this section shall be construed to prevent a specialty clinic from administering

emergency care between the hours of ten o'clock (10:00) P.M. and six o'clock (6:00) A.M. to a patient recovering from an earlier surgery performed at the same specialty clinic.

11. The specialty clinic shall permit no more than one family member or other visitors of patients to stay at the clinic or center during overnight hours.

12. The specialty clinic shall comply with all applicable federal, state, and local laws, including, without limitation, all licensing requirements established by the appropriate governing body.

13. The specialty clinic shall not receive deliveries nor permit any loading or unloading activities during the overnight hours unless: a) the deliveries, loading, or unloading operation is conducted entirely within an enclosed structure, or b) the deliveries, loading, or unloading operation is conducted exclusively from a public right of way that is not adjacent to a residential zone or RMCP zone.

14. All doors in the specialty clinic which face a residential zone shall remain closed at all times during the overnight hours except from the immediate purpose of ingress or egress.

15. Employees of the specialty clinic shall not congregate behind the building housing the specialty clinic or in any open area or public right of way separating the building from a residential zone or RMCP zone during overnight hours.

16. Specialty clinics, or the physicians or dentists who operate such specialty clinics, must be licensed by the state of California. (Ord. 02-O-2390, eff. 2-8-2002; amd. Ord. 04-O-2439, eff. 2-6-2004)

A. Occupancy Permits; Applications; Fees: Except as otherwise authorized by article 43 of this chapter, all manufacturing of every kind and character and to any degree or extent shall be expressly prohibited in all residential zones in the city. All manufacturing of every kind and character and to any degree or extent shall be expressly prohibited in zone C-3 unless a preliminary permit shall have been obtained from the building and safety director after a hearing concerning the location and the proposed use to determine that the proposed manufacturing will not be a

detriment to the neighborhood or objectionable by reason of odor, dust, smoke, fumes, noise, vibration, or other attributes of the proposed use.

Applications for such preliminary permits shall be made to the building and safety department setting forth in general the use proposed, the type of building proposed, and any and all details the applicant wishes to be considered to indicate that the proposed use will not be a nuisance and that the building proposed will be adequate for the use intended. A hearing on such application shall be held before the director of building and safety, the city manager, the director of public works, the chief of the fire department, and the police chief, or their duly authorized representatives, as a committee. Any interested person may appeal to the city council from action of the committee as provided in title 1, chapter 4, article 1 of this code.

B. Use Of Front Portion Of Building: No manufacturing shall be permitted unless the front portion of the ground floor of the building used or proposed to be used for such manufacturing is constructed, designed, and used for the purposes provided for in section 10-3-1601 of this article.

No manufacturing establishment in which any substantial portion of the product fabricated or manufactured is not sold at retail on the premises shall be permitted in any portion of zone C-3 which adjoins any residential zone. Premises shall be deemed to adjoin even though separated by a street or alley or other easement.

C. Sale Of Products: The fact that the major portion of the manufactured product is to be sold at retail on the premises may be a factor considered by the city in granting a variance for such manufacturing, and the fact that the major portion of the manufactured product is to be sold at wholesale or is to be sold at retail at other locations may be a factor considered by the city in denying such variance but shall not be controlling.

D. Storage Areas; Fences: Any storage area outside a building to be used in connection with such manufacturing shall be enclosed by a solid wall or noninflammable fence, and no material shall be stored in such area to a height greater than that of the wall or fence enclosing the storage area. No such fence adjoining or separated by only a street or alley from a residential area shall exceed six feet (6') in height.

ences: Any storage area outside a building to be used in connection with such manufacturing shall be enclosed by a solid wall or noninflammable fence, and no material shall be stored in such area to a height greater than that of the wall or fence enclosing the storage area. No such fence adjoining or separated by only a street or alley from a residential area shall exceed six feet (6') in height.

E. Power: The type and amount of power to be used in such manufacturing shall be considered by the city, and exceptionally high voltage or amperage may be a cause for denying the proposed variance.

F. Revocation Of Occupancy Permit: After the granting of a permit by the city and the issuance of an occupancy permit, and after such manufacturing has begun, the superintendent of the building department, if he finds from investigation that odor, dust, smoke, fumes, noise, vibration, or other attributes of such manufacturing may be or become a detriment to the neighborhood or objectionable to the residents in the neighborhood, may require the installation of additional equipment or alteration or addition to the manufacturing establishment to prevent such detriment or objection, and upon failure to make such changes in accordance with his directions within a reasonable time, the occupancy permit may be suspended or revoked, or the permit may be referred back to the council for further action.

G. Granting Of Permit; Violations: An occupancy permit for such manufacturing business shall be granted by the building department to the owner or operator of such business only after a permit for such use has been obtained from the city, and any manufacturing in zone C-3 without such occupancy permit or such special permit, in violation of any condition of such permit shall be deemed to be a misdemeanor for each and every day such manufacturing continues. (1962 Code § 10-406; amd. Ord. 01-O-2383, eff. 11-2-2001)

No furniture storage warehouse or wholesale storage warehouse shall be erected, constructed, established, maintained, used, or occupied in zones R-1, R-1.5, and R-4, and any and all such uses, occupancies, establishments, and buildings, and any combinations thereof, are hereby expressly excluded from zones R-1, R-1.5, and R-4. No furniture storage warehouse, wholesale warehouse, or combination warehouse shall be permitted in zone C-3 unless the front portion of

the ground floor of any building along and adjoining the public street to be used for either of such purposes is constructed, designed, and used as an office or for such other retail business as is provided for in zone C-3 in section 10-3-1601 of this article. (1962 Code § 10-405)

Dry cleaning plants and pressing plants of all kinds shall be excluded from zones R-1, R-1.5, and R-4 and shall be only permitted in zone C-3 under the following conditions:

A. Noise And Odor: No noise, odor, or other evidence of dry cleaning or pressing shall be detectable by a person outside such building or outside the portion of the building used for cleaning or pressing.

B. Cleaning Fluid And Capacity: No explosive or inflammable cleaning fluid shall be used in dry cleaning plants except when used in self-contained cleaning machines or units and unless the same has a flash point of not less than 138.5 degrees Fahrenheit. Any such installation shall be in conformity with the state fire marshal and the provisions of the Health and Safety Code of the state.

C. One Dry Cleaning Unit Only: No more than one complete unit of dry cleaning equipment or machinery shall be installed in one premises.

D. Retail Dry Cleaning And Pressing Only: The business of dry cleaning, pressing, or ironing conducted in zone C- 3 shall be strictly retail, and no wholesale dry cleaning, ironing, or pressing shall be permitted. Garments shall be cleaned only when brought to such place of business by the owner of the garments or by the members of his family or his employees, or when collected by the proprietor of the dry cleaning, ironing, or pressing plant directly from the residences of the owners of such garments. Under no circumstances shall work be done for independent operators engaged in the business of pressing, ironing, spotting, or dry cleaning garments, or collecting garments for any of such purposes.

E. Location Of Equipment: Equipment for dry cleaning, ironing, or pressing shall not be installed in the front portion of the ground floor of any building along or adjoining any public street, and any such equipment if adjacent to or visible from the public street or sidewalk, shall be shielded from pedestrians on the public street or sidewalk by a masonry or similar substantial wall at least six feet (6') in height.

F. Use Of Front Portion Of Building: The front portion of the ground floor of any premises used for dry cleaning, ironing, or pressing of garments shall be designed and used for the receiving from the customer and returning to the customer of the garments to be processed and shall not be used for any portion of the work on the garments.

G. Approval Of The Chief Of The Fire Department: Before installing any cleaning, ironing, or pressing equipment in any premises in zone C-3, it shall be necessary to obtain the approval of the chief of the fire department and the chief building inspector for such equipment and the use of such equipment in such premises. In no case shall equipment or the use thereof be approved which is or may create a fire hazard or become a menace to life or property, or become a nuisance. (1962 Code § 10-408)

Hand laundries shall be permitted in zone C-3 only on the following conditions:

A. Washing Machines And Mangles: Hand laundries shall use only washing machines of the ordinary household type, not to exceed four (4) in number and not more than one mangle which shall be of the ordinary household type. B. Steam Boilers: Steam boilers shall not be permitted in any hand laundry, but hot water heaters of the ordinary household type may be used.

C. Machines To Be Electric Driven: All machines used in connection with any such laundry shall be individually driven by electric motors.

D. Enclosure Required For Clothes Lines: Should any of the clothes washed in such laundry be hung on the outside of the building or on top of the building in which the laundry is operated, the space where clothes are hung shall be surrounded by a fence or wall at least seven feet (7') above the ground level or roof level.

E. Noise Restrictions: Such hand laundries may be maintained or operated only when the noise of laundry operations cannot be detected by a person outside the building in which a laundry is being conducted. (1962 Code § 10-409)

Notwithstanding any other provision of this chapter, there shall be no entrance from Tower Drive to any retail business building erected on lot 484, tract 4988, and no store erected or maintained on said lot shall front on Tower Drive. (1962 Code § 10-407)

A. Goods, wares, and merchandise, including, but not limited to, automobile parts, accessories, and supplies, shall not be displayed or stored, nor shall auto body repair or major mechanical repair services be performed, except within an enclosed permanent structure. The provisions of this subsection shall not apply to oil can racks at gas pumps or to the display of a maximum of five (5) automobile tires provided such display is located within five feet (5') of the main structure.

B. The premises shall be maintained in a neat and clean condition at all times.

C. Drainage facilities, protective devices, retaining structures, or buttress fills shall be installed and maintained to ensure that water and other liquids accumulating on the premises do not drain across public sidewalks. All drainage facilities shall be designed to carry surface waters to the nearest practical street, storm drain, or natural watercourse approved by the director of planning and/or other appropriate governmental agency as a safe place to deposit such waters.

D. Automobile service stations existing on May 18, 1971, shall comply with the provisions of subsection A of this section on or before November 18, 1971, and shall comply with the provisions of subsection C of this section on or before May 18, 1972. (Ord. 71-O-1414, eff. 6-17-1971; amd. Ord. 91-O-2133, eff. 12-5-1991)

Mini-shopping centers shall be permitted only on properties greater than eighteen thousand (18,000) square feet in the C-3 zone which properties are located along streets other than Wilshire Boulevard and outside of the area bounded by Wilshire Boulevard to the south, by the centerline of Crescent Drive to the east, and by the centerline of Santa Monica Boulevard to the north and west, subject to the following conditions:

A. A conditional use permit, pursuant to the provisions of article 38 of this chapter, shall be obtained prior to the issuance of any building permit. The provisions of section 4.9 of council resolution 82-R-6525 do not apply to minishopping centers.

B. A conditional use permit may be issued only if the planning commission finds:

1. The proposed center will not be detrimental to and will be compatible with surrounding uses and properties and the public welfare;

2. Vehicle traffic generated by the proposed center, based on the current Institute of Traffic Engineers publication entitled "Trip Generation" or, if not specified therein, as designated by the transportation official, will not substantially exceed either of the following per one thousand (1,000) gross square feet of floor area:

• a. Sixteen (16) vehicle trips per hour; or

• b. Two hundred (200) vehicle trips per day;

3. Traffic entering onto or exiting from the proposed center will not cause traffic or pedestrian hazards or undue traffic congestion affecting surrounding areas, including, but not limited to, alleys and residential properties;

4. The design of the proposed center will be compatible with surrounding uses and properties;

5. The types of uses proposed for the center will be compatible with adjacent uses;

6. The hours of operation of the uses proposed for the center will not interfere with neighboring uses or properties;

7. The proposed center will have adequate buffering between the center and adjacent residential areas;

8. The proposed center's lighting and venting will not adversely affect neighboring uses or properties; and

9. The proposed center will have an adequate parking plan and parking layout. (Ord. 87-O-2009, eff. 11-19-1987)

Notwithstanding any other provision in this code, drive-up, drive-in and drive-through facilities shall be permitted only on property located in the commercial zones, subject to the following conditions:

A. A conditional use permit, pursuant to the provisions of article 38 of this chapter, shall be obtained prior to the establishment of such facilities, or the issuance of building permits therefor.

B. In addition to the criteria set forth in sections 10-3-3800 through 10-3-3803 of this chapter, the following factors shall be considered in connection with the review of a conditional use permit application for a drive-up, drive-in or drive-through facility:

1. Whether the proposed facility is compatible with the area and neighboring uses;

2. Whether the facility would create or cause any of the following:

• a. An adverse traffic impact or a traffic safety hazard, including, but not limited to, an adverse impact on traffic circulation;

• b. Pedestrian-vehicle conflicts or pedestrian safety hazards;

• c. An accumulation of garbage or trash;

• d. Excessive noise;

• e. Intrusive lighting;

• f. Excessive or unpleasant odors;

• g. Noxious fumes;

• h. Interference with neighboring properties or uses due to activities associated with the proposed facility or due to its hours of operation;

3. Whether the facility can be located or situated in such a manner so that:

a. Trash facilities can be located to accommodate patrons using the drive-up, drive-in or drive-through facilities in an area away from adjacent residential uses;

b. Lighting, noise, fumes, rodents, pests and odors can either be eliminated, mitigated or reduced so as to not adversely affect neighboring properties or uses;

c. Traffic generated by the facility can flow smoothly, both on site and off site, without creating an adverse traffic impact, or a traffic or safety hazard to vehicles or pedestrians;

d. The impact on neighboring properties or uses due to activities associated with the proposed facility or due to its hours of operation does not exceed acceptable levels.

C. Upon application for a conditional use permit, the planning commission may approve, deny or conditionally approve such application. The planning commission may impose any conditions which are necessary to preserve the

public health, welfare or safety or to mitigate any potential adverse impacts resulting from the establishment of driveup, drive-in or drive-through facilities.

D. Consistent with the restrictions set forth in section 10-3-1610 of this article, automobile service stations may provide drive-up, drive-in or drive-through facilities for the sale of petroleum products and the minor maintenance of automobiles provided that any other sale or service is conducted within an enclosed building that offers no drive-up, drive-in or drive-through service. (Ord. 89-O-2063, eff. 7-6-1989)

In addition to the criteria set forth in article 38 of this chapter, the following criteria shall be considered by the planning commission when reviewing conditional use permit applications for vehicle sales, service or fuel station uses:

• A. Whether the proposed use is compatible with the area and surrounding uses;

• B. Whether the proposed use will have adequate buffering between the use and residential areas;

• C. Whether the proposed use will create an adverse traffic impact or a traffic safety hazard to pedestrians or to vehicles, including, but not limited to, an adverse impact on traffic circulation or parking;

D. Whether the proposed use will create excessive noise, unpleasant odors, noxious fumes, excessive lighting, or substantial interference with neighboring properties or uses due to the activities associated with the proposed use or its hours of operation.

The planning commission may impose any conditions which are necessary to preserve the public health, welfare or safety, or to mitigate any potential adverse impacts resulting from the establishment of a vehicle sales, service or fuel station use. (Ord. 91-O-2133, eff. 12-5-1991)

Notwithstanding any other provision of this chapter, and in addition to the requirements of section 10-3-1604 of this article, automobile body and fender repair shops shall be permitted only if enclosed in a building and if all auto body and fender work is conducted more than seventy five feet (75') from any window or door in the exterior wall of such building. (Ord. 91-O-2133, eff. 12-5-1991)

Notwithstanding any other provision of this chapter, and in addition to the requirements of section 10-3-1604 of this article, automobile paint shops shall be permitted only if enclosed in a building and if all painting is conducted more than seventy five feet (75') from any window or door in the exterior wall of such building and the building is equipped with an effective and efficient exhaust fan sufficient to collect all paint particles, fumes, and excess paint spray, precipitate all solid matter inside the building, and exhaust the air and odor at such height, in such direction, and in such a matter that it shall not be or become noisy, offensive, or an annoyance to persons outside the building in which the automobile paint shop is located. (Ord. 91-O-02133, eff. 12-5-1991)

The owner or the operator of a private training center shall annually sign and submit an affidavit to the city certifying that:

• A. No more than thirty (30) people attend a class at any one time; and

B. There is a maximum ratio of one (1) person per one hundred (100) square feet of floor area, not including the instructor of the class. (Ord. 94-O-2205, eff. 8-5-1994; amd. Ord. 21-O-2846, eff. 11-12-2021)

A. Exercise Club Restrictions: Unless authorized by a conditional use permit issued pursuant to the provisions of subsection 10-3-1655 B of this chapter, no exercise club:

1. Shall be located on the ground floor of any building located within the business triangle 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; or

2. Shall include any window that allows exercise areas of such club to be viewed from a public street or sidewalk. B. Private Training Center Restrictions: Private training centers shall have no more than thirty (30) students in a class at any one time and shall have no more than one (1) person per one hundred (100) square feet of floor area, not including the instructor of the class. In addition, any ground floor private training center use shall contain a retail and reception area with a minimum of five percent (5%) of the floor area dedicated to retail use. The exercise area used for classes shall be located not less than ten feet (10') back from the front facade of the store. (Ord. 94-O-205, eff. 8-61994; amd. Ord. 02-O-2392, eff. 3-8-2002; amd. Ord. 21-O-2846, eff. 11-12-2021)

A. All exercise clubs and private training centers shall provide parking to their patrons at a fee no greater than that charged at the nearest public parking lot owned by the city of Beverly Hills.

B. Notwithstanding the provisions of section 10-3-2730 of this chapter, the planning commission may issue a conditional use permit pursuant to the provisions of article 38 of this chapter to allow up to fifty percent (50%) of the parking facilities of a use that is primarily daytime use to be used to satisfy the parking facilities required by this article for an exercise club or private training center considered to be primarily an early morning and/or nighttime use, provided the latter use has different peak hours of operation than the daytime use, and provided further that all of the following criteria are met:

1. The parking facilities are located on site in an existing building; and

2. The parking facilities have a minimum of five hundred (500) parking spaces; and

3. A parking utilization study prepared by a certified traffic engineer establishes, to the satisfaction of the planning

commission, that the parking facilities required by this chapter exceed the demand for parking spaces that will be generated by the proposed use and the other uses in the subject building. (Ord. 94-O-205, eff. 8-6-1994; amd. Ord. 02O-2415, eff. 12-19-2002; Ord. 12-O-2628, eff. 9-23-2012; Ord. 19-O-2795, 12-10-2019)

A nightclub located on the ground floor of a building shall be no more than thirty five feet (35') wide, including, without limitation, the street frontage. However, this limitation shall only apply to the front half of the nightclub or the front sixty feet (60') of the nightclub, whichever is less. For the purposes of this section, the "front" of the nightclub shall mean the portion of the nightclub located closest to the front lot line.

A. Corner Lots: If a nightclub has frontage along two (2) streets, then the width limitation of this section shall apply along each street frontage, but the planning commission, as part of the conditional use permit approving the nightclub, may allow the nightclub to exceed the width limitations of this section along any street frontage that is not the front of the nightclub.

B. Spacing: No nightclub shall be located within three hundred feet (300') of another nightclub. Nor shall there be more than one nightclub on any block or at any intersection. A nightclub shall be considered to be at an intersection if

it is located on a corner lot adjacent to the intersection of two (2) or more streets.

C. Conditional Use Permit Findings: The planning commission shall not issue a conditional use permit for a nightclub unless the planning commission makes the following findings in addition to the findings set forth in section 10-3-3800 B. of this chapter:

1. Operation of the nightclub shall not substantially impact upon traffic within its area of the city as defined by the department of planning and community development;

2. Operation of the nightclub will be compatible with uses in the area and will not contribute to a concentration of nightclubs that will adversely affect other uses in the area; and

3. Off site parking, if provided for the nightclub pursuant to section 10-3-2733 of this chapter, shall not create an adverse impact on surrounding uses, parking resources or traffic due to the distance between the parking and the nightclub, the walking route, the affordability of parking or the anticipated propensity of patrons to utilize the off site parking. (Ord. 98-O-2295, eff. 5-1-1998; amd. Ord. 19-O-2795, 12-10-2019)

All cabarets shall comply with all of the following standards:

A. Queuing: No cabaret shall permit the queuing of patrons in the public right of way. Nor shall any cabaret permit the queuing of patrons in any stairwell or adjacent to any public entrance to the cabaret.

B. Employee Parking: All cabarets shall provide adequate parking on site for all employees or shall provide employee parking free of charge in a location approved by the director of transportation.

C. Parking: All off street parking areas and entries to the cabaret shall be illuminated from dusk to closing hours of operation with a lighting system that provides an average maintained horizontal illumination of one foot-candle of light on parking surfaces and walkways.

D. Noise: The premises within which the cabaret is located shall provide sufficient sound absorbing insulation so that noise generated inside the premises shall not be audible anywhere on adjacent property, public rights of way or within any separate unit within the same building.

E. Exterior Openings: To prevent noise generated inside the premises from adversely impacting adjacent property, exterior doors and windows of the cabaret shall not be propped or kept open at any time while the cabaret is open for business.

F. Street Frontage: A cabaret located on the ground floor of a building shall be no more than thirty five feet (35') wide, including, without limitation, the street frontage. However, this limitation shall only apply to the front half of the cabaret or the front sixty feet (60') of the cabaret, whichever is less. For the purposes of this section, the "front" of the cabaret shall mean the portion of the cabaret located closest to the front lot line.

1. Corner lots: If a cabaret has frontage along two (2) streets, then the width limitation set forth in this section shall apply along each street frontage. (Ord. 02-O-2409, eff. 11-8-2002)

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

d. No new medical uses are located on the ground floor within the pedestrian oriented area. For development located outside of the pedestrian oriented area, no new medical uses are located within the first forty feet (40') measured from the front building facade, on the ground floor of any building with a depth of one hundred feet (100') or greater. For buildings with a depth of less than one hundred feet (100') and that are located on irregularly shaped lots, medical uses may be permitted in all or part of the first forty feet (40') upon a finding by the director of community development that: a) all other provisions of this subsection B have been met and b) the proposed expansion of medical use does not adversely impact surrounding development. Facades facing a "side street", as defined in section 10-3-100 of this chapter, shall not be considered a front building facade for purposes of this section. e. Parking for the new medical use is provided pursuant to the requirements of section 10-3-2730 of this chapter or pursuant to a restriping permit issued before December 16, 2005.

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

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

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

i. The building owner has submitted documentation in form and content satisfactory to the Director of Community Development that the proposed medical use meets the conditions of this subsection A1.

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 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,

provisions of section 10-3-4101 of this chapter, a legal nonconforming medical use located in a building that has been damaged by a disaster to the extent of more than fifty percent (50%) of its replacement value, may be reestablished without application of the Medical Use Overlay Zone, provided the reconstructed building complies with applicable zoning standards, including parking requirements,

in place at the time a building permit is issued for the replacement building. In no event shall the amount of floor area occupied by nonconforming medical uses in the replacement building exceed the floor area that would have been permitted in the damaged building.

• D. 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 one operating room that has a maximum ten percent (10%) of the total floor area of the overall medical suite floor area, but shall not preclude an operating room of up to two hundred fifty (250) square feet.

G. Review By The City Council. The provisions contained in section F above shall be reviewed approximately three (3) 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. (Ord. 11-O2602, eff. 2-11-2011; amd. Ord. 19-O-2786, eff. 8-16-2019; Ord. 20-O-2826, eff. 11-17-2020; Ord. 20-O-2831, eff. 12-8-2020; Ord. 21-O-2852, eff. 10-26-2021; Ord. 22-O-2864, eff. 10-21-2022)

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:

A. Conditional Use Permit: A conditional use permit, pursuant to the provisions of article 38 of this chapter, shall be obtained prior to the establishment of such facilities, or the issuance of building permits therefor.

B. Standards: All cosmetic spas must comply with the following standards:

1. Use Of Front Portion For Retail Space: A cosmetic spa located on the ground floor facing a street must: a. Maintain a retail business facing the street occupying a minimum of one hundred (100) square feet or one percent (1%) of the ground floor area, whichever is greater; and

b. Not provide treatment services within the first ten feet (10') behind the storefront facing the street; and

c. Maintain operating hours on Saturdays, consistent with other commercial businesses in the vicinity.

2. Design Standards: Display windows for ground-level business shall be maintained in a transparent manner to the greatest extent possible. Obscure glazing, such as tinting and mirroring, as well as interior walls against storefronts, are to be avoided whenever possible. However, decorative glass etching, and merchandise display windows are encouraged. Window coverings are not permitted on the ground floor during business hours.

3. Parking: Parking shall be provided pursuant to the requirements for "commercial uses not otherwise specified in this section" in section 10-3-2730 of this chapter; or other reasonable alternatives that satisfy the transportation and parking needs of the proposed use provided by article 27 of this chapter.

4. Medical Office Prohibited: No portion of a cosmetic spa shall be used as a medical office, as that term is defined in this chapter.

5. Regulations: When cosmetic spa facilities are developed as permitted by this section, the regulations of this section govern. This section does not regulate medical uses authorized to operate pursuant to section 10-3-1620.1 of this article or article 18.5 of this chapter.

6. Compliance With Zone: The cosmetic spa complies with the restrictions of the zone or underlying zone.

7. Anesthesia: A cosmetic spa may use local anesthetic in connection with its services but shall not offer services which require any other form of regional, or general anesthesia.

8. Services: A cosmetic spa may include services provided by a duly licensed medical professional but shall not offer services that are eligible for coverage by medical insurance.

C. Findings: In addition to the criteria set forth in article 38 of this chapter, the following criteria shall be considered by the Planning Commission when reviewing conditional use permit applications for cosmetic spa uses:

1. The proposed use meets all development standards of the zone, including providing adequate parking consistent with required spaces for commercial uses pursuant to section 10-3-2730 of this chapter; or other reasonable alternatives that satisfy the transportation and parking needs of the proposed use provided by article 27 of this chapter.

2. The proposed use and design of any ground floor street frontage will contribute to and enhance the retail atmosphere of the surrounding area and will not undermine efforts to foster a pedestrian-friendly environment in the vicinity.

3. The proposed use is compatible with and will not result in substantial adverse impacts to surrounding uses.

4. The proposed use fosters an appropriate mix of uses that promotes a balance of services, amenities and uses that meet a range of neighborhood, Citywide and regional needs. (Ord. 19-O-2786, 8-16-2019; amd. Ord. 22-O-2864, eff. 10-21-2022)

(Ord. 16-O-2715, eff. 1-7-2017; amd. Ord. 24-O-2894, eff. 6-7-2024)