Article 20 — COMMERCIAL ZONE (C-5)

There is hereby created the C-5 zone. The purpose of the C-5 zone is to provide a comprehensive development plan for that portion of Beverly Hills formerly known as the industrial area. (Ord. 94-O-2193, eff. 3-4-1994)

Except as otherwise provided or restricted by this article, no lot, premises, building or portion thereof in the C-5 zone shall be used for any purpose except the following:

Ancillary retail/service/restaurant uses that are located in a building primarily used for commercial office purposes. Retail/service/restaurant uses shall include the following uses:

Arts/crafts store.

Bookstore.

Clothes dry cleaning, subject to the restrictions of article 16 of this chapter.

Confectionery store.

Florist.

Gift shop. Interior design studio. Newsstand.

Notion shop. Office convenience store.

Pharmacy.

Photography shop.

Restaurant or cafe, except drive-up, drive-in or drive- through facilities and those restaurants or cafes specified in section 10-3-2003 of this chapter.

Shoe repair shop.

Stationery store.

Tailor.

Those uses determined by the director of planning and community development to be similar to the uses specifically enumerated in this use.

Bank uses.

Electrical receiving or transforming station uses.

Office uses.

Public or private utility uses. (1962 Code § 10-412; amd. Ord. 94-O-2193, eff. 3-4-1994)

The following uses shall be prohibited in the C-5 zone:

Cinema.

Department store. Drive-up, drive-in or drive-through facility. Game arcade. Industrial.

Medical laboratory. Medical office. Mini-shopping center. Residential.

Vehicle sales, service or fuel station. Veterinary hospital.

Warehouse or storage except as subordinate and appurtenant to a permitted or conditionally permitted use. Those uses prohibited in the C-3 zone. (1962 Code § 10-412; amd. Ord. 94-O-2193, eff. 3-4-1994; Ord. 99-O-2333, eff. 10-15-1999)

The following uses shall be permitted in the C-5 zone only if authorized by a conditional use permit 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.

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 chapter.

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

Educational institution uses teaching grade levels 1 through 12.

Gymnasium uses.

Museum uses.

"Nightclub type activity" uses, as defined in section 10-3-2703 of this chapter.

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

Private screening rooms appurtenant to commercial office uses.

Religious institution uses.

Restaurant uses that are located on lots that abut Maple Drive, and that are open after six o'clock (6:00) P.M.

However, nothing in this section shall permit the operation of a restaurant in violation of the requirements of section 10-3-2005 of this chapter.

Theater/auditorium uses with a maximum capacity of no more than four hundred fifty (450) persons.

Vehicle sales and service uses prohibited by section 10-3-2002 of this chapter, but in existence on September 1,

1991. Any expansion of such use shall require a conditional use permit and shall be limited to property that is contiguous to the site area occupied by the use on September 1, 1991.

Veterinary hospital uses prohibited by section 10-3-2002 of this chapter, but in existence on September 1, 1991. Any

expansion of such use shall require a conditional use permit and shall be limited to the site area occupied by the use on September 1, 1991.

Those uses not specifically permitted or prohibited by this article or otherwise conditionally permitted by this section.

(1962 Code § 10-413; amd. Ord. 94-O-2193, eff. 3-4-1994; Ord. 94-O-2212, eff. 9-9-1994; Ord. 97-O-2283, eff. 8-11997; 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-O2715, eff. 1-7-2017; Ord. 24-O-2894, eff. 6-7-2024)

In addition to the uses permitted by section 10-3-2001 of this chapter, a retail/service/restaurant use set forth in section 10-3-2001 of this chapter shall be permitted on a lot that abuts that portion of Civic Center Drive parallel to Santa Monica Boulevard even though such use is not located in a building primarily used for commercial office purposes, provided that:

A. Such use is located in a building that was constructed before January 1, 1994, and

B. After January 1, 1994, no more than seven hundred (700) square feet of floor area are added to the building in which such use is located, and

C. After January 1, 1994, no height is added to the building in which such use is located. (1962 Code § 10-414; amd. Ord. 94-O-2193, eff. 3-4-1994)

For those lots in the C-5 zone that abut Maple Drive, the following uses shall be prohibited within one hundred feet (100') of a lot line that abuts Maple Drive:

Bank uses.

Retail/service/restaurant uses, as defined in section 10-3-2001 of this chapter, except dining facilities that are primarily for tenants and guests and which have no entrance from the public right of way directly into the dining facilities, unless such entrance is not directly accessible from Maple Drive and such entrance is located more than seventy five feet (75') from Maple Drive.

Savings and loan uses.

Thrift and loan uses. (Ord. 76-O-1632, eff. 1-20-1977; amd. Ord. 77-O-1675, eff. 1-12-1978; Ord. 83-O-1906, eff. 9- 15-1983; Ord. 83-O-1906; Ord. 94-O-2193, eff. 3-4-1994)

Notwithstanding any other height requirement of this chapter, no structure in the C-5 zone shall exceed a height of forty five feet (45').

A. Height Measurement; General: Except as provided in subsection B of this section, height measurements of buildings located in the C-5 zone shall be made in accordance with the "height of building" provisions defined in section 10-3-100 of this chapter except that an unoccupied architectural feature which otherwise meets the requirements of subsection A7 of said definition may exceed or intersect a line projecting from the perimeter of the roof upward at an angle of forty five degrees (45°) from the horizontal if such architectural feature is approved by the planning commission pursuant to section 10-3-2020 of this article.

B. Height Measurement; Maple Drive: Notwithstanding the "height of building" provisions defined in section 10-3100 of this chapter, the maximum height of that portion of a building that is within fifty feet (50') of a lot line that abuts Maple Drive shall be measured from the lowest point of that portion of the public sidewalk along Maple Drive adjoining the site area on which the building is located.

Additionally, no mechanical equipment, stair, or elevator enclosure that exceeds a height of forty five feet (45') shall be permitted within fifty feet (50') of such Maple Drive lot line nor shall these enclosures intersect a plane extending upward at a forty five degree (45°) angle toward the interior of the site from a line on the roof fifty feet (50') from the Maple Drive lot line. (Ord. 94-O-2193, eff. 3-4-1994)

All developments, excepts those developments on site areas that abut the northerly side of Third Street, shall provide open space within the development site area that meets the following standards:

A. The amount of open space shall equal at least five percent (5%) of the floor area of the development. Setback areas shall not be considered open space for the purposes of this subsection except as provided in section 10-3-2010 of this article.

B. The open space shall be visible from a public sidewalk and shall be accessible from a public sidewalk and shall be without obstruction by gates, doors or similar features during standard business hours. (Ord. 94-O-2193, eff. 3-41994)

Except as otherwise provided in section 10-3-2009 of this article, the following minimum setbacks shall be provided on site areas in the C-5 zone:

• A. No portion of any building or structure shall be constructed or altered within ten feet (10') of any lot line that abuts Alden Drive.

• B. No portion of any building or structure shall be constructed or altered within twenty feet (20') of any lot line that abuts Foothill Road.

• C. No portion of any building or structure shall be constructed or altered within five feet (5') of any lot line that abuts Third Street.

• D. No portion of any building or structure shall be constructed or altered within twenty five feet (25') of any lot line that abuts Maple Drive.

• E. No portion of any building or structure shall be constructed or altered within five feet (5') of any lot line that abuts that portion of Civic Center Drive that does not parallel Santa Monica Boulevard.

F. No portion of any building or structure shall be constructed or altered within fifteen feet (15') of any lot line that abuts that portion of Civic Center Drive that is parallel to Santa Monica Boulevard. (Ord. 94-O-2193, eff. 3-4-1994)

Notwithstanding the provisions of section 10-3-2008 of this article, the following structures may encroach into the setbacks required by that section:

• A. Walls and fences of no more than forty two inches (42") in height;

• B. Fine art ornamentation, fountains, pools, seating fixtures, landscaping or surface materials that complement the building design and surrounding streetscape. (Ord. 94-O-2193, eff. 3-4-1994)

An existing portion of a parking garage in a commercial building may be enclosed and converted to storage space, and for the purposes of this chapter such enclosure shall not be counted as part of the floor area of the building, if the

enclosure meets the following requirements:

A. Size: The area of the enclosure shall not exceed five thousand (5,000) square feet or five percent (5%) of the floor area of the building, whichever is less.

B. Minor Accommodation: Prior to construction, the property owner must obtain a minor accommodation permit pursuant to article 36 of this chapter. A reviewing authority may issue a minor accommodation permit if the reviewing authority finds that the proposed enclosure will not have a material adverse effect on the parking or circulation of the building or the surrounding streets. The director of planning and community development shall not serve as the reviewing authority for a minor accommodation to permit an enclosure in excess of two thousand five hundred (2,500) square feet.

C. Maintenance Of Required Parking: The enclosure shall not reduce or remove any parking area or parking space that is required to be provided by this code. Prior to construction of the enclosure, the applicant shall demonstrate, to the satisfaction of the director of building and safety, that any parking spaces that will be reduced or removed are not obligated, by covenant or otherwise, to provide required parking for a building on a separate site.

D. Long Term Storage: The enclosure shall be used solely for long term storage purposes. Long term storage purposes include storage of files, storage of furniture and storage of seasonal displays. The enclosure shall not be used for warehousing of goods for sale, storage of mechanical equipment or tools, or similar uses. Prior to construction, the property owner shall submit, in form and content satisfactory to the city attorney, a recordable covenant which provides that the enclosure will be used solely for long term storage purposes and will be used for no other purposes. The covenant shall provide for immediate removal of the storage area upon violation of this use restriction. In addition, the property owner and the storage manager shall submit annual affidavits, in form and content satisfactory to the city attorney, attesting that the enclosure is being used solely for long term storage purposes and in accordance with the requirements of this section. The affidavit shall be submitted concurrently with the business license renewal application of the operator of the storage space. Failure to timely submit the affidavit may, without further notice, result in revocation by the director of planning and community development of the permit to maintain the enclosure. Upon revocation of the permit, the enclosure must be removed immediately.

E. Nonoccupiable: The enclosure shall be designed so that it is not occupiable, nor readily convertible to occupiable space, as the term "occupiable" is defined in the city's building code.

F. Lease: Any lease for storage space within the enclosure shall include a notice that the city has the authority to divest the lessee of the lessee's rights concerning the enclosure if the city's conditions regarding the enclosure are violated. (Ord. 95-O-2234, eff. 4-7-1995)

In addition to the setback requirements contained in section 10-3-2008 of this article, certain buildings constructed in the C-5 zone shall be constructed along building lines as shown in the "building line map of the C-5 zone" adopted by the city council and on file in the department of planning and community development.

For the purposes of this section, a "building line" is a line at which a portion of a building must be constructed and which defines a setback or open space. A building line is not a minimum or maximum distance requirement. Except as provided in section 10-3-2020 of this article, buildings, or portions of buildings, must be erected at the building line itself for the purpose of defining setbacks and open space areas within the C-5 zone.

The open space area required by this section and not required by section 10-3-2008 of this article, shall be considered open space for the purposes of section 10-3-2007 of this article. The following site areas shall be subject to building line requirements:

A. The site area at the southwesterly corner of the intersection of Civic Center Drive and Foothill Road.

B. The site area at the southeasterly corner of the intersection where Civic Center Drive turns from a predominantly north/south direction to a predominantly east/west direction.

• C. The site area on the westerly side of Foothill Road at the intersection of Foothill Road and Alden Drive.

• D. The site area that abuts Third Street at the northeasterly corner of the intersection of Third Street and Civic Center Drive.

• E. The site area that abuts Civic Center Drive at the northeasterly corner of the intersection of Third Street and Civic Center Drive.

• F. The site area at the northwesterly corner of the intersection of Third Street and Maple Drive.

• G. The site area at the southeasterly corner of the intersection of Civic Center Drive and Third Street.

• H. The site areas at the northeasterly and southeasterly corners of the intersection of Foothill Road and Alden Drive.

• I. The site areas at the northeasterly, northwesterly, and southeasterly corners of the intersection of Foothill Road and Third Street.

• J. The site area at the northwesterly corner of the intersection of Alden Drive and Maple Drive.

• K. Two (2) site areas, one on the east side of Foothill Road and one on the west side of Foothill Road, that are located between Third Street and Alden Drive.

Nothing in this section shall allow buildings to be constructed within the setbacks required by section 10-3-2008 of this article. (Ord. 94-O-2193, eff. 3-4-1994)

No more than fifty percent (50%) of the setback areas required by section 10-3-2008 of this article may be paved. In addition, those areas not occupied by walkways, driveways, or paved plazas shall be fully landscaped consistent with the character of the C-5 zone. No walls, planters, or other structural or landscaping elements shall block visual access of required public open space areas from the public sidewalk. (Ord. 94-O-2193, eff. 3-4-1994)

No site area within the C-5 zone shall have more than one vehicular access driveway from each street which it abuts. The maximum width of each driveway shall be twenty eight feet (28').

In addition, curb cuts for driveway access shall be prohibited along that portion of Civic Center Drive parallel to Santa Monica Boulevard and westerly of Foothill Road. (Ord. 94-O-2193, eff. 3-4-1994)

Primary pedestrian access to any building in the C-5 zone shall be visible by pedestrians from the public street. However, accessory buildings not usually accessible to the public during business hours shall be exempted from this requirement. (Ord. 94-O-2193, eff. 3-4-1994)

Except as otherwise specifically provided in this article, signage within the C-5 zone shall comply with the signage requirements contained in chapter 4 of this title. The definitions contained in chapter 4 of this title shall govern the construction of the signage regulations contained in this article. (Ord. 94-O-2193, eff. 3-4-1994)

No signage for dining facilities shall be permitted on the Maple Drive frontage of any building in the C-5 zone. (Ord. 94-O-2193, eff. 3-4-1994)

No portion of any wall sign in the C-5 zone shall exceed a height of twenty five feet (25') above the finished grade at the base of the wall. In addition, no wall sign in the C-5 zone shall have an area greater than fifty (50) square feet. (Ord. 94-O-2193, eff. 3-4-1994)

Projecting signs in the C-5 zone may serve as business identification signs, but not building identification signs. No portion of a projecting sign shall be less than eight feet (8') above the finished grade below such sign. No projecting sign shall be more than six inches (6") in thickness, nor project more than thirty inches (30") from the wall to which it is attached. No projecting sign shall be internally illuminated or surface lighted with exposed tube lighting such as neon. (Ord. 94-O-2193, eff. 3-4-1994; amd. Ord. 00-O-2345, eff. 5-19-2000)

Freestanding signs shall not be permitted in the C-5 zone except on site areas which have at least two hundred fifty (250) lineal feet of frontage along a single public street. Such signs shall not exceed five feet (5') in height and shall not be pole signs.

A. Material: Freestanding signs shall be constructed of material, approved by the director of planning and community development or the architectural commission, that is compatible with the principal material of the building that it serves.

B. Lettering: The lettering of freestanding signs shall be carved into the sign wall or attached as individual letters. C. Lighting: Any lighting of a freestanding sign shall be external to the sign or incorporated into the rear of individual letters. (Ord. 94-O-2193, eff. 3-4-1994)

Building identification signs in the C-5 zone shall be limited to an area of one square foot for each lineal foot of building that fronts on the public street which the sign faces except for retail uses located on Civic Center Drive which shall be limited to one-half ([1] /2) square foot for each lineal foot of building that fronts on the public street which the sign faces.

Business identification signs in the C-5 zone shall be limited to an area of one square foot for each lineal foot of ground floor space that fronts on the street which the sign faces and that is occupied by the business or businesses identified except for retail uses located on Civic Center Drive which shall be limited to one-half ([1] /2) square foot for each lineal foot of building that fronts on the public street which the sign faces.

In addition to the signs otherwise permitted by this section, a building identification sign which does not exceed five (5) square feet of area may be placed adjacent to an entrance if that entrance is located on a building face that does not otherwise contain a building identification sign. (Ord. 94-O-2193, eff. 3-4-1994)

Upon application by a property owner, and pursuant to the provisions of this section, the planning commission may approve unoccupied architectural features as set forth in subsection 10-3-2006A of this article and may establish building lines in the C-5 zone other than those set forth in this article.

In addition, upon application by a property owner, and pursuant to the provisions of this article, the planning commission may establish open space requirements in the C-5 zone less than the standards set forth in this article for: a) projects that are limited to the remodel of an existing building, and b) additions that do not exceed ten percent (10%) of the building's square footage that was legally permitted on December 14, 1993.

A. Findings: The planning commission may approve unoccupied architectural features, establish building lines or establish open space requirements pursuant to this section if the commission finds that such requirements will not adversely impact the present or planned character of the C-5 zone.

B. Procedure: An application to establish building setbacks, building lines and open space requirements shall be filed with the director of planning and community development and shall be processed pursuant to the procedures provided in article 36 of this chapter for processing minor accommodations applications. (Ord. 94-O-2193, eff. 3-41994)

Pursuant to subsection 10-3-3104B of this chapter, for those development projects in the C-5 zone that require planning commission review as part of the development plan review procedure, the planning commission shall consider the following factors as part of the commission's determination regarding whether a proposed development plan will promote harmonious development of the C-5 and P-S zones. The commission may base its determination on one or more of the following factors:

A. Traffic Generation And Circulation: The planning commission may consider whether the development plan incorporates features and uses which would generate less traffic than a comparable general office use and would adequately mitigate traffic impacts attributable to that portion of the floor area in excess of a floor area ratio of 1.5. B. Beneficial Primary Uses: The planning commission may consider whether the primary uses proposed in the development plan will generate less traffic than general office uses or enhance the pedestrian oriented character of the area.

C. Beneficial Auxiliary Uses: The planning commission may consider whether the auxiliary uses proposed in the development plan include on site facilities which reduce traffic generation such as a gymnasium, lunchroom, or daycare center or contain other uses beneficial to the city such as parking for adjacent existing residential uses.

D. Community Amenities: The planning commission may consider whether the development plan includes off site amenities such as daycare or parking, or includes a contribution to city park acquisition plans or other community amenities.

E. Enhancement Of Public Open Space: The planning commission may consider whether the proposed development plan will enhance public open space.

F. Participation In Areawide Streetscape Improvement: The planning commission may consider whether the development plan includes participation in areawide streetscape improvements.

G. Change Of Use: The planning commission may consider whether the use proposed in the development plan will be maintained.

H. Scale And Massing: The planning commission may consider the siting of structures, massing, scale, and use of open space. (Ord. 94-O-2193, eff. 3-4-1994)

For each development in the C-5 zone that requires planning commission review as part of the development plan review procedure, the planning commission shall condition such development upon compliance with a limit on the number of peak hour trips that may be generated by that development. The trip generation limit set by the planning commission shall not exceed the number of trips that would be generated by the development if the floor area of each proposed use in the development were increased in proportion to its proposed floor area so that the floor area ratio of the entire development equaled 2.0.

The number of trips to be generated by a proposed use shall be estimated based on trip generation estimates for that use contained in the most recent "Institute Of Traffic Engineers' Trip Generation Manual". If the "Institute Of Traffic Engineers' Trip Generation Manual" does not contain a trip generation estimate for a proposed use, then the applicant for the development plan review approval shall provide the planning commission with expert evidence from a licensed traffic engineer establishing an estimate of the trip generation for the proposed use, satisfactory to the city engineer. The applicant for the development plan review approval shall fund the city's program to monitor and enforce compliance with the trip generation limit established pursuant to this section. (Ord. 94-O-2193, eff. 3-4-1994)

Architectural and urban design guidelines for development in the C-5 zone shall be adopted by the city council and be available to the public from the department of planning and community development. Such guidelines shall not be mandatory, but shall be considered by the architectural and planning commissions when reviewing projects in the C-5 zone. (Ord. 94-O-2193, eff. 3-4-1994)