Beverly Hills Municipal Code Art. 38 Conditional Use Permits

A. Procedure: Pursuant to an application and hearing procedure as provided in article 37 of this chapter for granting a variance, the planning commission may authorize conditional uses as specified in this code if the planning commission makes the required findings set forth in paragraph B. below.

Conditionally permitted uses shall be designated and listed in this code under the zone in which they are permitted. Additionally, a list of all uses which may require a conditional use permit shall be maintained in the office of the department of planning and community development and shall be available to the public free of charge. Noticing shall be completed in accordance with article 2.5 of this chapter and the City’s public notice guidelines.

B. Required Findings: The reviewing authority shall not issue a Conditional Use Permit unless the reviewing authority finds that the proposed location of any such use will not be detrimental to adjacent property or to the public welfare.

In addition, certain conditionally permitted uses have additional findings set forth in sections 10-3-1207 (Dining in Nonconforming Hotels), 10-3-1236 (Combined Uses), 10-3-1240 (Dining in Nonconforming Hotels), 10-3-1254 (Conditional Use Permits), 10-3-1282 (Permitted Areas), 10-3-1283 (Conditional Use Permit Requirements), 10-3-1604 (Conditionally Permitted Uses), 10-3-1611 (Mini-Shopping Centers), 10-3-1612 (Drive-Up, Drive-In, and Drive-Through Facilities), 10-3-1613 (Vehicle Sales, Service or Fuel Stations), 10-3-1617 (Exercise Clubs and Private Training Centers), 10-3-1618 (Exercise Clubs and Private Training Centers), 10-3-1619 (Nightclubs), 10-3-1620.2 (Cosmetic Spas), 10-3-1655 (Pedestrian-Oriented Areas), 10-3-1702 (Conditionally Permitted Uses), 10-3-1802 (Conditional Uses Permitted), 10-3-2003 (Conditionally Permitted Uses), 10-3-2730.4 (Alternative Parking Facility), 10-3-2733 (Parking in Nonresidential Zones; Location and Shielding of Facilities), 10-3-2862 (Conditional Use Permits Required), 10-3-2866 (Parking Requirements), 10-3-2866.1 (Loading Restrictions), 10-3-2867 (Hotel Access Areas), 10-3-2868 (Regulations and Restrictions Applicable), 10-3-3800.1 (Convenience Store Conditional Use Permit), and 10-3-4705 (Non-storefront, delivery-only medical cannabis retail) of this chapter. (Ord. 14-O-2661, eff. 6-20-2014; amd. Ord. 19-O-2795, 12-10-2019; Ord. 23-O-2881, eff. 11-17-2023)

Where authorized in the zone, the city may permit convenience stores as a conditional use in the same manner that it would process an application for a conditional use permit pursuant to this article. The city may impose any conditions on a convenience store conditional use permit that are necessary to preserve the public health, safety, or welfare, or to mitigate any potential adverse impacts resulting from the establishment of a convenience store including impacts associated with congregation. The city shall not approve a conditional use permit for a convenience store unless it makes all of the following findings:

A. The proposed use will contribute to and enhance the character of the neighborhood and location, and will promote harmonious development in the area, and will contribute positively to the branding and image of the city;

B. The proposed use will have adequate buffering between the use and residential areas, schools, parks, and locations where children gather, and will not adversely interfere with the use and enjoyment of residential properties in the vicinity of the proposed development;

C. The proposed use will not result in detrimental impacts to existing or anticipated residential or commercial development in the vicinity of the project with regard to traffic levels, traffic safety, pedestrian-vehicle conflicts, pedestrian safety hazards, parking demand, parking design, and loading or manner of operation;

D. The proposed use will not create excessive noise, unpleasant odors, noxious fumes, excessive lighting, increased litter, or substantial interference with neighboring properties or uses due to the activities associated with the proposed use or its hours of operation;

E. The proposed use will not create an overconcentration of convenience stores in the vicinity. (Ord. 12-O-2625, eff. 8-3-2012)

The height and area requirements set forth in other provisions of this chapter shall not apply to conditional uses for which a conditional use permit application is submitted and later granted.

In addition, the parking and loading space requirements set forth in other provisions of this chapter may be reduced by the planning commission for the uses specified in this section upon the presentation of evidence satisfactory to the commission that the parking and loading spaces required by other provisions of this chapter exceed the demand for parking and loading spaces that will be generated by the proposed use. Pursuant to this section, the planning commission may reduce parking and loading space requirements for any of the following uses in conjunction with the granting of a conditional use permit:

A. Childcare uses other than family daycare homes.

B. Religious institution located in the C-5 zone provided all of the following criteria are met:

1. The use of the subject site is limited to religious institutional uses.

2. Except as otherwise permitted by the conditional use permit, no social events shall be allowed at the subject site. For the purposes of this section, "social events" shall include: a) celebrations associated with weddings and other life cycle events; b) fundraising events not involving a religious service, such as bingo games or auctions; c) gatherings of more than five (5) persons to foster interaction among congregation members or among congregation members and other members of the community, including, but not limited to, events such as dances, discussions, study groups or lectures.

3. The applicant submits evidence satisfactory to the planning commission that establishes that the proposed use will have no traffic or parking related impacts on adjacent streets or land uses as a result of the requested reduction in the parking and/or loading requirements. Such evidence may include, but not be limited to, a traffic and parking utilization study prepared by a certified traffic engineer.

C. Educational institutions which fulfill the state compulsory education requirements of its pupils and which are registered with the state of California pursuant to California Education Code section 33190, or its successor, and educational institutions located in nonresidential zones providing continuing education and vocational training programs that are accredited by a nationally recognized accrediting agency listed by the United States department of education.

D. Hotel restaurants that may be established pursuant to a conditional use permit.

E. Automobile dealerships. In addition to the foregoing, as part of the conditional use permit process for the establishment of a new or expanded automobile dealership, the planning commission may permit:

1. The required parking to be provided in a tandem and/or compact configuration provided that at least half of the overall parking supply is devoted to the storage of new automobiles.

2. The exclusion of above grade parking and circulation areas and up to half of below grade areas devoted solely to vehicle service from the definition of "floor area" as set forth in section 10-3-100 of this chapter, provided that the building housing the automobile dealership does not exceed forty five feet (45') in height measured pursuant to section 10-3-100 of this chapter.

The planning commission may require a conditional use permit applicant to provide the commission with any information that the commission believes would be useful for the purpose of determining the parking and loading demand of a proposed use, the impacts of that use, or the appropriate conditions to be imposed on that use. (1962 Code § 10-415; amd. Ord. 95-O-2239, eff. 7-7-1995; Ord. 95-O-2247, eff. 11-10-1995; Ord. 96-O-2256, eff. 4-5-1996; Ord. 99-O-2331, eff. 8-20-1999; Ord. 03-O-2421, eff. 2-7-2003; Ord. 12-O-2619, eff. 2-24-2012)

In granting a conditional use permit, the planning commission may impose such conditions on the permit as the commission deems necessary or proper to protect adjacent property and the public welfare from potential adverse impacts related to the approved use. Such conditions may include, without limitation, conditions that limit the height or area of buildings and structures that would otherwise be permitted by the provisions of this title and conditions that require an applicant to provide parking and loading spaces in excess of the parking and loading spaces otherwise required by this code. (Ord. 95-O-2247, eff. 11-10-1995)

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 a conditional use permit, and the director believes that the planning commission may find that such evidence is adequate to support revocation or modification of the conditional use 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 conditional use permit. Notice of such hearing shall be provided in the same manner as the notice required for issuance of the conditional use permit. The planning commission, after such hearing, may revoke or modify the conditional use permit if the commission determines that:

A. The permittee has violated a condition of the conditional use permit approval, or violated any provision of this code that governs, in part, the operation of the conditionally permitted activity or the land on which it is located; or

B. The conditional use permit was obtained in a fraudulent manner; or

C. Operation of the conditional use constitutes or creates a nuisance. (1962 Code § 10-415; amd. Ord. 94-O-2212, eff. 9-9-1994; Ord. 95-O-2239, eff. 7-7-1995; Ord. 95-O-2247, eff. 11-10-1995)

Any decision made by the planning commission pursuant to this article may be appealed to the city council in the manner provided in title 1, chapter 4, article 1 of this code. (1962 Code § 10-415; amd. Ord. 85-O-1948, eff. 3-21-1985; Ord. 94-O-2212, eff. 9-9-1994; Ord. 95-O-2239, eff. 7-7-1995; Ord. 95-O-2247, eff. 11-10-1995)

Unless otherwise provided in the resolution granting a conditional use permit, the exercise of rights granted in such approval shall be commenced in accordance with the time limits imposed by section 10-3-207 of this chapter. (Ord. 17-O-2723, eff. 2-10-2017)

A. If a use, which requires a conditional use permit, has been discontinued for a period of five (5) years, the use shall not be reestablished unless a new conditional use permit is granted pursuant to the provisions set forth in this article. For purposes of determining whether a use has been discontinued, the property owner shall have the burden of proof in demonstrating a continuation of the use.

1. Exceptions:

a. Owners of properties impacted by circumstances that are out of the property owner's control, including, but not limited to, government regulations, the presence of hazardous substances on the property that must be removed in order for the property to be developed with the approved use, or an extended statewide economic downturn, may request an extension of the five (5) year period from the planning commission. The planning commission must make the following finding in order to grant an extension:

(1) The conditionally permitted use is not substantially adverse to the public health and safety of the neighborhoods adjacent to the property.

b. Residential uses.

c. Medical uses. Such uses shall be governed by section 10-3-1620.1 of this chapter.

d. Reestablishment of a conditionally permitted use may occur after the passage of five (5) years, provided that a complete application for either a planning entitlement or building permit associated with such reestablishment has been filed prior to expiration of the five (5) year time limit, provided the application is subsequently approved by the city. (Ord. 16-O-2702, eff. 5-20-2016)