A. Extended Hours: Except as provided in subsection H of this section, it shall be unlawful for any person to commence or conduct, either directly or indirectly, an extended hours operation on a site located in a commercial-residential transition area in the City of Beverly Hills without having procured an extended hours permit pursuant to the provisions of this article. Every person commencing or conducting any extended hours operation shall file an application for an extended hours permit with the Department of Planning and Community Development in a form prescribed by that department. The City Council may, by resolution, establish fees for the review of such applications.
B. Public Hearing: A public hearing shall be held by the Planning Commission on all applications for an extended hours permit. Upon receipt of a complete application, the Director shall refer the project to the Planning Commission at the next feasible regular meeting, unless an extension of time is consented to by the applicant. Noticing shall be completed in accordance with article 2.5 of this chapter and the City's public notice guidelines.
C. Conditions: The Planning Commission shall grant an extended hours permit if it finds that the extended hours operation will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of any of the following:
1. The accumulation of garbage, litter, or other waste, both on and off of the subject site;
2. Noise created by the extended hours operation or by employees or visitors entering or exiting the extended hours operation;
3. Light and glare;
4. Odors and noxious fumes;
5. Pedestrian queuing;
6. Crime or peril to personal safety and security;
7. Use of residential streets for parking which is likely to cause activity associated with the subject extended hours operation to intrude substantially into a residential area;
8. Effects on traffic volumes and congestion on local residential streets; and
9. Cumulative impacts relating to the existing concentration of extended hours operations in the vicinity of the proposed extended hours operation.
D. Conditions Of Approval: To make the findings set forth under subsection C of this section, the planning commission may impose conditions of approval on a project to ensure that the factors set forth under subsection C of this section will not substantially disrupt the peace and quiet of adjacent residential and commercial uses or create significant environmental impacts on the community within the meaning of the California environmental quality act. Such conditions may include, without limitation, restrictions or modifications to the hours of operation requested by an applicant. The planning commission shall only impose conditions related to the impacts of an operation during extended hours.
E. Decision: The decision of the planning commission shall be by resolution. The applicant or any person aggrieved by the decision may appeal the decision to the city council as provided in title 1, chapter 4, article 1 of this code. The city council shall conduct a hearing on the appeal in a timely manner.
F. Operative Date: The operative date of the extended hours permit shall be the fifteenth day after the date upon which the applicant receives approval of the permit, provided no appeal has been filed on a timely basis pursuant to subsection E of this section.
G. Approval Upon Expiration Of Time Limit: In the event that the planning commission has not acted on an application for an extended hours permit in accordance with the time limits specified under subsection B of this section, the application shall be deemed approved upon the expiration of the time limit. An appeal period during which such approval may be appealed to the city council as prescribed in subsection E of this section shall commence upon the expiration and deemed approval date.
H. Businesses Not Applicable: The provisions of this section shall not apply to any business that was legally operating during extended hours on December 27, 1996, as part of its customary weekly schedule of business operations. The provisions of this section shall also not apply to any business that was legally operating during extended hours on January 8, 1999, without the requirement of an extended hours permit, as part of its customary weekly schedule of business operations. These exemptions shall not be transferable by the existing business to a different business. For purposes of this section, a business shall be considered different from the existing business if:
1. The business has a different name, and
2. The business offers a product or type or style of service which, in the opinion of the director of planning, may result in additional patrons visiting the site during extended hours or additional vehicle trips to the site during extended hours.
Changes to product or service references in the name of a business shall not be considered a change to the name of the business.
Notwithstanding the foregoing, any business operating during extended hours pursuant to the exemptions set forth herein shall not expand its hours of extended hours operation in effect on January 8, 1999, except as permitted by an extended hours permit issued pursuant to this section, subject to the following exceptions:
a. Such business may expand its hours of extended hours operation up until and including twelve o'clock (12:00) midnight, notwithstanding a shorter period of extended hours operation in effect on January 8, 1999;
b. For any such business that was subject to and qualified for the exemption specified in this subsection H, as set forth in ordinance 96-O-2270, such business may expand its hours of extended hours operation up until and including twelve o'clock (12:00) midnight, notwithstanding there being no hours of extended hours operation in effect on January 8, 1999.
I. Exercise Of Rights Granted: Unless otherwise provided in the resolution granting an extended hours permit, the exercise of rights granted in such extended hours permit shall be exercised within one hundred eighty (180) days after the adoption of the final resolution granting such extended hours permit. The planning commission may grant a six (6) month extension of the time limit contained in this subsection, or in any resolution granting a discretionary approval, if an application therefore is made at least thirty (30) days prior to the expiration of the time limit, or any extension thereof. Such extension may be granted after a duly noticed public hearing held pursuant to the same procedures applicable to the approval of the original application, if the Planning Commission determines that conditions and regulations affecting development in the City have not changed in a manner that would warrant reconsideration of the findings and decision made at the time of the original approval. The time limit imposed pursuant to this subsection may not be extended beyond two (2) years after the adoption of the initial final resolution granting the extended hours permit. Any decision regarding an extension pursuant to this subsection may be appealed to the appropriate review authority in the manner provided by the same procedures applicable to the approval of the original application or, if no appeal procedures are specified, to the City Council in the manner provided by title 1, chapter 4, article 1 of this Code. (Ord. 96-O-2270, eff. 11-27-1996; amd. Ord. 99-O-2324, eff. 3-19-1999; Ord. 02-O-2411, eff. 11-22-2002; Ord. 14-O-2661, eff. 6-20-2014; Ord. 19-O-2785, 8-16-2019)