Beverly Hills Municipal Code Art. 36.5 Overnight Stay Permits

An overnight stay permit is required for all specialty clinics, as defined in article 16 of this chapter, to permit patients to remain overnight in such specialty clinics. (Ord. 02-O-2390, eff. 2-8-2002)

The reviewing authority, as defined in section 10-3-3653 of this article, may only grant a request for an overnight stay permit if each of the following findings can be made:

A. The building housing the specialty clinic provides adequate on site parking that complies with all applicable parking requirements of this code, and such parking is provided at a rate of at least one space per three hundred fifty (350) square feet of area for all existing buildings.

B. The on site parking provided is available free of charge for any employees using the specialty clinic between the hours of six o'clock (6:00) P.M. and seven o'clock (7:00) A.M. or such other parking arrangements as the reviewing authority determines are necessary to ensure that the overnight stay permit causes no impacts on adjacent streets.

C. The proposed hours of operation for the specialty clinic applying for the overnight stay permit will not adversely impact adjacent uses or the general health, safety or public welfare.

D. Granting the request for an overnight stay permit would not lead to an over concentration of such overnight stays in the subject building.

E. Granting the request for an overnight stay permit would not result in adverse impacts to the pedestrian environment adjacent to or in the vicinity of the site for the proposed overnight stay permit.

F. The building housing the specialty clinic provides adequate patient drop off/pick up locations that comply with all applicable parking requirements of this code, and granting the request for an overnight stay permit will not result in adverse impacts to traffic circulation on adjacent streets.

G. If the building housing the specialty clinic is located adjacent to a residential zone, the building provides adequate on site parking that, in addition to all other requirements, is located such that overnight usage of said parking facilities will not adversely impact the adjacent residences. In making its determination regarding the parking facilities provided, the reviewing authority may consider such factors as increased light and glare impacts on adjacent residences, noise impacts, impacts which alter the character of the adjacent residential neighborhood, and any other factors the reviewing authority believes are relevant to protecting the health, safety and general welfare of adjacent residents. (Ord. 02-O-2390, eff. 2-8-2002; amd. Ord. 04-O-2439, eff. 2-6-2004)

Unless otherwise specified, the reviewing authority for an overnight stay permit shall be the director of planning and community development. If, in the opinion of the director, an application merits review by the planning commission, the director may refer such application to the planning commission and the planning commission shall serve as the reviewing authority and shall conduct a noticed public hearing regarding the requested overnight stay permit.

If the application for an overnight stay permit accompanies an application for any other type of discretionary approval from the planning commission or city council for the same site area, the planning commission or city council, as appropriate, shall be the reviewing authority for the application for an overnight stay permit and shall conduct a noticed public hearing regarding the requested overnight stay permit. (Ord. 02-O-2390, eff. 2-8-2002)

Noticing shall be completed in accordance with article 2.5 of this chapter and the city's public notice guidelines. (Ord. 14-O-2661, eff. 6-20-2014)

The permittee shall comply with all restrictions set forth in section 10-3-1604.5D of this chapter. In addition, in granting an overnight stay permit, the reviewing authority may impose such further restrictions or conditions as it deems necessary or proper to satisfy the findings required for such permits. (Ord. 02-O-2390, eff. 2-8-2002)

Each overnight stay permit issued pursuant to this article shall be specific to the applicant to which the overnight stay permit is granted and shall not run with the land. No overnight stay permit may be transferred, voluntarily or involuntarily, and any purported attempt to transfer an overnight stay permit shall be null and void and of no effect. (Ord. 02-O-2390, eff. 2-8-2002)

A. Nonresidential Zones: Overnight stay permits issued pursuant to this article shall initially be valid for two (2) years from the date of issuance. Any overnight stay permits issued pursuant to the provisions of this article and all rights granted thereunder shall expire at that time, unless an application for renewal of the overnight stay permit is submitted to the director of planning and community development ("director") not less than sixty (60) days prior to the expiration of the permit. The renewal hearing shall be noticed and conducted in the same manner as the hearing for the initial overnight stay permit application. For any specialty clinic not located adjacent to a residential zone, the director may permanently renew the overnight stay permit after conducting the renewal hearing. Any specialty clinic permitting overnight stays which does not submit an application for renewal in accordance with the provisions of this section shall immediately cease such practices upon the expiration of its initial overnight stay permit.

B. Residential Zones: Overnight stay permits issued to specialty clinics located adjacent to residential zones and all rights granted thereunder shall expire one year from the date of initial issuance, unless an application for renewal of the overnight stay permit is submitted to the director of planning and community development ("director") not less than sixty (60) days prior to the expiration of the permit. Overnight stay permits for specialty clinics located adjacent to residential zones renewed pursuant to this section and all rights granted thereunder shall expire two (2) years from the date of renewal, unless an application for subsequent renewal of the overnight stay permit is submitted to the director of planning and community development ("director") not less than sixty (60) days prior to the expiration of the permit. The renewal hearing shall be noticed and conducted in the same manner as the hearing for the initial overnight stay permit application. For any specialty clinic located adjacent to a residential zone, the director may renew the overnight stay permit for up to a two (2) year period. Any specialty clinic permitting overnight stays which does not submit an application for renewal in accordance with the provisions of this section shall immediately cease such practices upon the expiration of its initial overnight stay permit or any renewal thereof. (Ord. 02-O-2390, eff. 2-8-2002; amd. Ord. 04-O-2439, eff. 2-6-2004)

If the director of planning and community development determines that evidence could be presented to the planning commission which may support grounds for revocation or modification of an overnight stay permit, and the director believes that the planning commission may find that such evidence is adequate to support revocation or modification of the overnight stay permit, then the director may initiate a revocation proceeding before the planning commission.

Upon initiation of a revocation proceeding, the planning commission shall hold a public hearing regarding the possible revocation or modification of the overnight stay permit. Notice of such hearing shall be provided in the same manner as the notice required for issuance of an overnight stay permit. The planning commission, after such hearing, may revoke or modify the overnight stay permit if the commission determines that:

A. The permittee has violated a condition of the overnight stay permit approval, or violated any provision of this code that governs, in part, the activity for which the overnight stay permit was granted or the land on which it is located; or

B. The overnight stay permit was obtained in a fraudulent manner; or

C. Operation of the overnight stay constitutes or creates a nuisance. (Ord. 02-O-2390, eff. 2-8-2002)

The applicant or any person aggrieved by any decision regarding an overnight stay permit by a reviewing authority other than the city council may appeal the decision to the city council as provided in title 1, chapter 4, article 1 of this code. (Ord. 02-O-2390, eff. 2-8-2002)

A violation of any provision of this chapter is a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment in the county jail for a period not exceeding six (6) months, or by both such fine and imprisonment. Any person found to have violated any provision of this chapter shall be deemed guilty of a separate and distinct offense for each day, or portion thereof, during which such violation continues, and shall be punishable accordingly. (Ord. 02-O-2390, eff. 2-8-2002)

Nothing in this article shall be construed to relieve any specialty clinic from complying with the licensing requirements established by the specialty clinic's governing body. (Ord. 02-O-2390, eff. 2-8-2002)