Planning Commission Report

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1 RLY City of Beverly Hills Planning Division 455 N. Rexford Drive Beverly Hills, CA TEL. (310) FAX. (310) Planning Commission Report Meeting Date: Subject: Project Applicant: Recommendation: June 14, 2018 STUDY SESSION ON POTENTIAL ZONE TEXT AMENDMENT TO AMEND THE FINDINGS FOR MINOR ACCOMMODATIONS AND CENTRAL R-1 PERMITS City initiated study session to provide the Planning Commission with an opportunity to discuss the findings for Minor Accommodations and Central R-1 Permits and provide staff with direction. City Initiated Receive report from staff and provide direction on potential zone text amendment REPORT SUMMARY The City of Beverly Hills Municipal Code (BHMC) outlines the findings that are required to be made for the approval of the various entitlements that can be requested by an applicant. The findings differ for each entitlement request based on the potential impacts that could result from the approval of an entitlement. On May 10, 2018 the Planning Commission conducted a study session to discuss the difference between the findings that are required to be made for a residential Central R-1 Permit and for a Minor Accommodation in order to discuss the adequacy of the findings for these entitlements. The full commission was not present at the May 10, 2018 meeting. Thus the Planning Commission directed staff to re-agendize the item at a future meeting when all commissioners are present to continue the discussion. The full report as presented to the Planning Commission for the May 10, 2018 meeting is attached to this report for Planning Commission consideration. Attachment(s): A. May 10, 2018 Planning Commission Report Report Author and Contact Information: Timothea Tway, AICP Senior Planner (310) ttway@ beverlyhills.org 59

2 Planning Commission Report Study Session on Findings for Minor Accommodations June 14, 2018 Page 2 of 2 NEXT STEPS Staff is seeking Planning Commission input on the contents of this staff report. Should the Planning Commission direct staff to proceed with development of a zone text amendment, staff will return at a noticed public hearing with a draft ordinance for Planning Commission consideration. The City Council will be the ultimate decision making authority on this item should an ordinance be recommended. Report Reviewed By: I City Planner Director of Community 60

3 Planning Commission Report Study Session on Findings for Minor Accommodations June 14, 2018 Attachment A May 10, 2018 Planning Commission ReporL 61

4 RLY City of Beverly Hilts Planning Division 455 N. Rextord Drive Beverly Hills, CA TEL. (310) FAX. (310) Planning Commission Report Meeting Date: Subject; Project Applicant: Recommendation: May 10, 2018 STUDY SESSION ON POTENTIAL ZONE TEXT AMENDMENT TO AMEND THE FINDINGS FOR MINOR ACCOMMODATIONS AND CENTRAL R-J PERMITS City initiated study session to provide the Planning Commission with an opportunity to discuss the findings for Minor Accommodations and Central R-1 Permits and provide staff with direction. City Initiated Receive report from staff and provide direction on potential zone text amendment REPORT SUMMARY The City of Beverly Hills Municipal Code (BHMC) outlines the findings that are required to be made for the approval of the various entitlements that can be requested by an applicant. The findings differ for each entitlement request based on the potential impacts that could result from the approval of an entitlement. Chair Gordon has requested that staff bring forward a study session to allow the Planning Commission to discuss the difference between the findings that are required to be made for a residential Central R-1 Permit and for a Minor Accommodation in order to discuss the adequacy of the findings for these entitlements. Staff is seeking Planning Commission direction as to whether or not there is interest in processing a zone text amendment to amend the findings related to either of these entitlement requests. BACKGROUND The BHMC outlines the types of entitlements that can be requested from the City as well as the findings that are required to be made by a decision making body in order to grant the entitlement. Two of the entitlements that are commonly processed by the Planning Division are the Central R-1 Permit and the Minor Accommodation. Recently, there have been several projects that have come before the commission for Minor Accommodations and Central R-1 Permits. These projects led to several comments about the adequacy of the findings for the entitlements in providing guidance to decision makers when considering such requests. Chair Gordon has requested that staff provide an opportunity for the Planning Commission to discuss these findings and allow the Commision to consider making modifications to the findings. Attachment(s): A. Minor Accommodation Code Sections Referenced Report Author and Contact Information: Timothea Tway, AICP Senior Planner (310) ttway@ beverlyhias.org 62

5 Page 2 of 8 A-i Permit and the Minor Accommodation. It should be noted that Central R-1 Permits are only The following bullet points illustrate the requests that can be granted through both the Central DISCUSSION AND ANALYSIS May 10, when the primary dwelling encroaches into the front yard by the maximum amount permitted by subsection C of this chapter. eaves and plant-on accents provided by subsections C and E of this chapter Front Yard Encroachments: Establish the maximum encroachment into a front yard for setback is nonconforming, for additions with a height in excess of fourteen feet (14 ) at a setback for the addition be less than three feet (3 ). Minimum Side Setback: Establish the minimum side setback, where the existing side width no less than the existing side setback, provided that in no event shall the side Boulevard. above a second story, and face a street on property located south of Santa Monica Placement Of Windows: Establish standards for the placement of windows which are maximum potential facade. architectural projections, however, may cover no more than two-thirds (2/3) of the facade permitted for architectural projections which encroach into the front yard. Such Maximum Potential Facade: Establish the cumulative coverage of the maximum potential setback requirements set forth in article 24 of this chapter. subsection, however, shall be construed to permit noncompliance with height and section of this chapter for all buildings located on a site area. Nothing in this Maximum Floor Area: Establish a maximum floor area exceeding the limitations of principal building area. however, shall an accessory structure exceed the height limitations permitted in the located in a side, street side or rear yard north of Santa Monica Boulevard. In no event, Height Limit For Accessory Structure: Establish a height limit for an accessory structure for garages in the Central Area. Garage Requirements: Establish vehicular entrance width and orientation requirements in BHMC ): The Planning Commission may grant Central A-i permits for the following request (as set forth Central R-f Permits staff has limited the discussion of Minor Accommodation findings in this report to the findings required to allow minor accommodations on residential properties only. zones. Based on staff s understanding of the Commission s discussion on this topic to date, for residentiat projects in the Central Area of the City. Minor Accommodations can be granted for a number of different requests on properties located in both residential and commercial Study Session on Findings for Minor Accommodations Planning Commission Report

6 located within five feet (5 ) of a property line. In no event, however, shall a game court located more than five feet (5 ) from a lot line. fence or lighting standard be permitted to exceed the height allowed for such structure Height Limit For Game Court Fences: Establish a height limit for game court fences Page 3 of 8 May 10, C of this chapter. 64 in BHMC ): Minor Accommodations The reviewing authority (which can be either the Director of Community Development or the Planning Commission) can grant a Minor Accommodation for the following requests (As set forth side and rear setback) accessory structures that exceed 14 in height and are located within both a E. Adjacent properties or the public welfare (this finding is required only for 0. The garden quality of the city. C. Neighbors privacy, and B. Neighbors access to light and air, A. The scale and massing of the streetscape, authority finds that the proposed development will not have a substantial adverse impact on: The reviewing authority shall not issue a Central R-1 permit unless the reviewing The findings for the Centrat R-1 Permit are outlined in BHMC and are as follows: The City: Establish a maximum height limit pursuant to section of this chapter. Maximum Height Of Buildings North Of Santa Monica Boulevard In The Central Area Of 2418 of this chapter. area of corner lot properties south of Santa Monica Boulevard, pursuant to section street side setback for a principal residential building located within the rear yard setback Corner Lots South Of Santa Monica Boulevard: Establish the minimum rear setback and existing floor area, inclusive of any floor area granted pursuant to subsection and either: the extension exceeds fourteen feet (14 ) in height; or the area of the and located within the rear setback is more than three feet (3 ) above natural grade or extension exceeds one thousand (1,000) square feet or twenty percent (20%) of the 2406C of this chapter; or the height of any porch or deck attached to a primary structure higher than the finished floor of the first story whichever is lower; pursuant to subsection setback where the extension is not less than fifteen feet (15 ) from the rear property line Nonconforming Rear Setback Extension: Extend the existing nonconforming rear Study Session on Findings for Minor Accommodations Planning Commission Report

7 Sections , , and regarding front yard paving in R-1 zones. Notwithstanding any other provision of this chapter, upon application by a property owner in a Page 4 of 8 may issue a minor accommodation to the following development standards as provided within this chapter : form satisfactory to the director of planning and community development, the reviewing authority 1 Attachment A includes the code text for each section referenced finds that the proposal will be compatible with the adjacent residential area. requirements if the director of planning and community development setbacks. section as is necessary to accommodate building code Regarding The director of planning and community development, may permit transitional improvements in the setback required by subsection B of this adjacent streetscape. such paving will be compatible with the character of the R-1 zones. equal to the existing pavement if the reviewing authority finds that yard paving in nonconforming pavement with an amount of paving less than or Regarding front A reviewing authority may authorize the replacement of legally related to single-family development are outlined in the table below: minor accommodation that is being requested. The findings for minor accommodations Accommodation are provided in various areas of the code, and differ depending on the Unlike the findings for the Central R-1 Permit, the findings for the Minor encroachments into a side or rear setback in R-1 zones. Subsections N, K, and K regarding elevator Section regarding amateur radio station antenna facilities. Area. Subsection C regarding fences in front and street side yards in the Hillside encroach into a required yard of a building occupied by a nonconforming use. Subsection O1B regarding the addition of awnings, canopies and signs that Sections and regarding the height of accessory structures. Subsections C and B regarding side setback extensions. Section regarding below grade driveways in the front yard setback. Sections and regarding transitional setbacks. Study Session on Findings for Minor Accommodations Planning Commission Report 65 May 10, 2018

8 setback. compatible with the nearby streetscape and with the character of the surrounding development. front yard reviewing authority finds that such driveway would be below grade grade within the front yard, unless such driveway would not slope driveways in the below the elevation of the adjacent public right of way, and a Regarding No portion of a driveway to a garage shall be below the natural Page 5 of 8 character of the surrounding neighborhood. Regarding the Minor Accommodation: A minor accommodation permit may be awnings, located in a residential zone and occupied by a nonconforming use required yard of to the buildings, c) the sign does not exceed twelve (12) square feet occupied by a the reviewing authority for the minor accommodation, and d) the use. will not substantially and adversely affect the residential nonconforming reviewing authority determines that the awning, canopy or sign a building in area unless the planning commission or the city council acts as canopies and and to allow such awning, canopy or sign to encroach into a signs that required yard if: a) the use is nonconforming solely because the use encroach into a lacks a conditional use permit, b) the addition will not add floor area addition of issued to allow an awning, canopy or sign to be added to a building 4. The garden quality of the city. 2. The neighbors access to light and air; 3. The neighbors privacy; and 1. The scale and massing of the streetscape; the increased height will not have an adverse impact on: Regarding the E. Minor Accommodation: The height limitation set forth in accommodation issued provided the reviewing authority finds that structures. Cl and C2 of this section may be modified by a minor accessory El and B2 of this section, and the limitations set forth in subsections height of subsection A of this section, the limitations set forth in subsections (3) Neighbors privacy, and adverse impact on: (20%) of the existing floor area inclusive of the area of any rear yard (1) The scale and massing of the streetscape, (2) Neighbors access to light and air, (4) The garden quality of the city. reviewing authority finds that the extension will not have any than one thousand (1,000) square feet and less than twenty percent extensions then the extension may be permitted by a minor accommodation subsection C of this chapter, and provided that the setback feet (3 ) and the extension exceeds fourteen feet (14 ) in height, setback extension concurrently or previously approved pursuant to Regarding side Minor Accommodation: If the existing setback is not less than three permit issued provided that the floor area of the extension is less Study Session on Findings for Minor Accommodations Planning Commission Report 66 May 10, 2018

9 Hillside Area. a front lot line or street side lot line, provided that the wall or fence is in height to be located between three feet (3 ) and ten feet (10 ) from and street side yards in the accommodation permit to allow a wall or fence of up to six feet (6 ) fences in front subsection C, a reviewing authority may issue a minor Regarding 2. Minor Accommodation: Notwithstanding the provisions of this Page 6 of 8 code for a specific land use request. As illustrated above, the findings for the various provide the basis from which decision makers arrive at a decision about the making authority must be able to make the required findings identified in the municipal appropriateness of a request. In order to approve a requested entitlement the decision Requited findings for specific land use actions are outlined in the municipal code and Findings into a side or (1) The scale and massing of the streetscape, (4) The garden quality of the city. R-1 zones. (3) Neighbors privacy, and tear setback in (2) Neighbors access to light and air, encroachments adverse impact on: Regarding In order to approve the minor accommodation permit, the reviewing elevator authority must find that the encroachment will not have an 4. Surrounding topography, tree coverage, and foliage, and 5. Design of the proposed amateur radio station antenna, with in residential zones. properties. their effect on the proposed height of the amateur radio station particular reference to design features that provide for retraction of the antenna when not in use and design features inhabited buildings and structures. 2. Proximity of the proposed amateur radio station antenna to 3. The nature of existing uses on adjacent and nearby antenna is the minimum height that is technically required to enable the applicant to engage in amateur radio service operations of the nature contemplated. that may reduce or eliminate visual obtrusiveness, particularly antenna. facilities. reviewing authority must consider the following factors: accommodation for a proposed amateur radio station antenna, the C. Review Criteria: In considering the application for a minor 1. Whether the proposed height of the amateur radio station Regarding station antenna amateur radio impact on the scale and massing of the streetscape or the finds that the wall or fence will not have a substantial adverse garden quality of the city. open to public view and provided that the reviewing authority Study Session on Findings for Minor Accommodations Planning Commission Report 67 May 10, 2018

10 applicant. For example, a finding that says a project may not have an adverse impact The wording of findings can be important when considering a request from an others have more simplified findings. Minor Accommodation requests can vary. Some requests have multiple findings, while Page 7 of 8 properties for potential negative external impacts of a project? Should any new findings be developed to better protect neighboring accessory structures)? considering adjacent properties or the public welfare when reviewing with the findings required for a Central R-1 Permit (particularly with respect to Should the required findings for Minor Accommodations be more consistent included in the municipal code be made mote uniform? Should the requited findings for the existing Minor Accommodation types Questions include: Commission would like staff to develop. from the Commission on what types of modifications to the required findings the consensus and support to develop a zone text amendment at this time and direction At this time staff is seeking Planning Commission input as to whether there is projects inappropriately scaled to smaller residential parcels. or tall cumulative development along residential alleys and large accessory structure adequately protect neighbors from negative project impacts such as noise, too dense accommodation findings. Specifically there were questions if the existing findings during deliberations on specific requests as to the adequacy of the existing minor At recent Planning Commission hearings, there have been Commissioner comments access to light and air; 3. The neighbors privacy; and 4. The garden quality of the city. welfare (for certain accessory structures). This differs from the finding for a minor an adverse impact on: 1. The scale and massing of the streetscape; 2. The neighbors that Central R-1 Permits cannot be approved unless the reviewing authority finds that and massing of the streetscape, B. Neighbors access to light and air, C. Neighbors accommodation for additional height for an accessory dwelling unit which does not approved provided the reviewing authority finds that the increased height will not have not have a substantial adverse impact on neighboring properties. It should be noted include the word substantial and states that a minor accommodation can be privacy, D. The garden quality of the city, and E. Adjacent properties or the public on neighboring properties, can be different than a finding that states that a project may the proposed development will not have a substantial adverse impact on: A. The scale Study Session on Findings for Minor Accommodations Planning Commission Report 68 May 10, 2018

11 should an ordinance be recommended. consideration. The City Council will be the ultimate decision making authority on this item will return at a noticed public hearing with a draft ordinance for Planning Commission Planning Commission direct staff to proceed with development of a zone text amendment, staff NEXT STEPS Page 8 of 8 Staff is seeking Planning Commission input on the contents of this staff report. Should the Development / City Planner Ryan Gohli6Ii, AICP, Assistant Director of Community Report Reviewed,y: Study Session on Findings for Minor Accommodations 69 May 10, 2018 Planning Commission Report

12 Planning Commission Report Study Session on Findings for Minor Accommodations May 10, 2018 Attachment A Minor Accommodation Code Sections Referenced 70

13 : PAVlNG: Paving within a front yard shall require a building permit and shall comply with the following restrictions: A. Coverage South Of Santa Monica Boulevard: For those site areas located south of Santa Monica Boulevard, no more than four hundred (400) square feet of area within a front yard shall be paved and paved areas greater than five feet (5 ) in width accessed by a driveway approach shall lead directly to a carport, garage, or parking area located beyond the front setback area. B. Coverage North Of Santa Monica Boulevard: For those site areas located north of Santa Monica Boulevard, not more than thirty three percent (33%) of the area of a front yard shall be paved. In addition, one walkway that does not exceed five feet (5 ) in width shall be permitted to be paved provided that the total area of the paved walkway does not exceed the total square footage derived by multiplying the depth of the front yard by five feet (5 ). C. Circular Driveways: Notwithstanding the provisions of subsection B of this section, if a site area is permitted to have two (2) driveway approaches pursuant to section of this code, and a circular driveway is constructed on such site area, the front yard may be paved in the minimum amount necessary to construct a circular driveway not exceeding twelve feet (12 ) in width. In addition, paving shall be permitted to construct one walkway not exceeding four feet (4 ) in width connecting such driveway to the residence, and one driveway not exceeding nine feet (9 ) in width connecting the circular driveway to parking that is required by this code and is located behind the front yard. D. Flag Lots: Notwithstanding the provisions of subsections A and B of this section, if the front yard of a site area does not exceed thirty six feet (36 ) in width, no provision of this section shall prohibit the paving of a driveway that does not exceed twelve feet (12 ) in width, or such additional width as determined necessary by the city engineer to provide for reasonably safe access to the site area. E. Setbacks For Paving: No portion of a front yard within three feet (3 ) of any property line shall be paved, except for a driveway not exceeding the width of its curb cut and a walkway pursuant to this section. In addition, no portion of a front yard within five feet (5 ) of a building shall be paved except for a driveway and a walkway of no more than ten feet (10 ) in width. F. Paving Buffet: An opaque wall or hedge not less than two feet (2 ) nor mote than three feet (3 ) in height shall be provided and maintained along the front and sides of each area paved, except at a driveway approach. G. Paving Materials: All paving shall be portland cement concrete or its equivalent, applied in accordance with specifications satisfactory to, and approved by, the director of building and safety. Paving with asphaltic concrete shall not be permitted. No more than three (3) different types of pavement materials shall be used in any front yard. Any additions to paved area shall be consistent with the existing paved areas in design, appearance, and material used. H. Alternate Materials And Methods: The provisions of this section are not intended to prevent the use of any material, or method of construction not specifically prescribed by this section provided that any such alternate has been approved pursuant to this subsection as follows: 71

14 1. The director of building and safety may approve any such alternate provided that he finds the material or method of construction advances the purposes of this section and provides at least the equivalent of that prescribed by this section in quality, strength, effectiveness, and durability. 2. The director of building and safety shall require that sufficient evidence be submitted to substantiate any claim that may be made regarding the suitability of an alternate. I. Minor Accommodation: Notwithstanding any other provision of this section, a reviewing authority may authorize the replacement of legally nonconforming pavement with an amount of paving less than or equal to the existing pavement pursuant to article 36 of this chapter if the reviewing authority finds that such paving will be compatible with the character of the adjacent streetscape. (Ord. 1158, eff ; amd. Ord. 1216, eff ; Ord , eff ; Ord , eff ; Ord , eff ; Ord , eff ; Ord , eff ; Ord , eff Ord , eff ; Ord , eff ; OrU , eff ) : PAVING: L21 All paved areas and other impervious surfaces, including game court surfaces, shall be set back a minimum of five feet (5 ) from any property line. However, nothing in this section shall prohibit the paving of that portion of a driveway or walkway within five feet (5 ) of the intersection of the driveway or walkway and the public right of way. In addition, paving within a front yard shall require a building permit and shall comply with the following restrictions: A. Coverage Of Paving: Not more than thirty three percent (33%) of the area of a front yard shall be paved. In addition, one walkway that does not exceed five feet (5) in width shall be permitted to be paved provided that the total area of the paved walkway does not exceed the total square footage derived by multiplying the depth of the front yard by five feet (5 ). B. Circular Driveways: Notwithstanding the provisions of subsection A of this section, ii a site area is permitted to have two (2) driveway approaches pursuant to section of this code, and a circular driveway is constructed on such site area, the front yard may be paved in the minimum amount necessary to construct a circular driveway not exceeding twelve feet (12 ) in width. In addition, paving shall be permitted to construct one walkway not exceeding four feet (4 ) in width connecting such driveway to the residence, and one driveway not exceeding nine feet (9 ) in width connecting the circular driveway to parking that is required by this code and if located behind the front yard. C. Building Setbacks For Paving: No portion of a front yard within five feet (5 ) of a building shall be paved, except for a driveway, and a walkway of no more than ten feet (10 ) in width. D. Flag Lots: Notwithstanding the provisions of subsections A and B of this section, if the front yard of a site area does not exceed thirty six feet (36 ) in width, no provision of this section shall prohibit the paving of a driveway that does not exceed twelve feet (12 ) in width, or such additional width as determined necessary by the city engineer to provide for reasonably safe access to the site area. 72

15 E. Paving Buffer: An opaque wall or hedge not less than two feet (2 ) nor more than three feet (3 ) in height shall be provided and maintained along the front and sides of each area paved, except at a driveway approach. F. Paving Materials: All paving shall be Portland cement concrete or its equivalent, applied in accordance with specifications satisfactory to, and approved by, the director of building and safety. Paving with asphaltic concrete shall not be permitted. No more than three (3) different types of pavement materials shall be used in any front yard. Any additions to paved areas shall be consistent with the existing paved areas in design, appearance, and material used. G. Alternate Materials And Methods: The provisions of this section are not intended to prevent the use of any material, or method of construction not specifically prescribed by this section provided that any such alternate has been approved pursuant to this subsection as follows: 1. The director of building and safety may approve any such alternate provided that the director finds that the material or method of construction advances the purposes of this section and provides at least the equivalent of that prescribed by this section in quality, strength, effectiveness, and durability. 2. The director of building and safety shall require that sufficient evidence be submitted to substantiate any claim that may be made regarding the suitability of an alternate. H. Minor Accommodation: Notwithstanding any other provision of this section, a reviewing authority may authorize the replacement of legally nonconforming pavement with an amount of paving less than or equal to the existing pavement pursuant to article 36 of this chapter if the reviewing authority finds that such paving will be compatible with the character of the adjacent streetscape. (Ord. 1158, eff ; amd. Ord. 1216, eff ; Ord , eff ; Ord , eff ; Ord , eff ; Ord , eff ; Ord , eff ; Ord , eff ; Ord , eff ; Ord , eff ) : PAVlNG: LZI Paving within a front yard shall require a building permit and shall comply with the following restrictions: A. Paving: Not more than thirty three percent (33%) of the front yard area shall be paved on any site area. In addition, one walkway that does not exceed five feet (5 ) in width shall be permitted to be paved provided that the total area of the paved walkway does not exceed the total square footage derived by multiplying the depth of the front yard by five feet (5 ). B. Circular Driveways: Notwithstanding the provisions of subsection A of this section, if a site area is permitted to have two (2) driveway approaches pursuant to section of this code, and a circular driveway is constructed on such site area, the front yard may be paved in the minimum amount necessary to construct a circular driveway not exceeding twelve feet (12 ) in width. In addition, paving shall be permitted to construct one walkway not exceeding four feet (4 ) in width connecting such driveway to the residence, and one driveway not exceeding nine feet (9 ) in 73

16 width connecting the circular driveway to packing that is requited by this code and is located behind the front yard. C. Setbacks For Paving: No portion of a front yard within three feet (3 ) of any property line shall be paved, except for a driveway not exceeding the width of its curb cut. In addition, no portion of a front yard within five feet (5 ) of a building shall be paved, except for a driveway, and a walkway of no more than ten feet (10 ) in width. D. Flag Lots: Notwithstanding the provisions of subsections A and B of this section, if the front yard of a site area does not exceed thirty six feet (36 ) in width, no provision of this section shall prohibit the paving of a driveway that does not exceed twelve feet (12 ) in width, or such additional width as determined necessary by the city engineer to provide for reasonably safe access to the site area. E. Paving Buffer: An opaque wall or hedge not less than two feet (2 ) nor more than three feet (3 ) in height shall be provided and maintained along the front and sides of each area paved, except at a driveway approach. F. Paving Materials: All paving shall be Portland cement concrete or its equivalent, applied in accordance with specifications satisfactory to, and approved by, the director of building and safety. Paving with asphaltic concrete shall not be permitted. No more than three (3) different types of pavement materials shall be used in any front yard. Any additions to paved areas shall be consistent with the existing paved areas in design, appearance, and material used. G. Alternate Materials And Methods: The provisions of this section are not intended to prevent the use of any material, or method of construction not specifically prescribed by this section provided that any such alternates been approved pursuant to this subsection as follows: 1. The director of building and safety may approve any such alternate provided that he finds the material or method of construction advances the purposes of this section and provides at least the equivalent of that prescribed by this section in quality, strength, effectiveness, and durability. 2. The director of building and safety shall require that sufficient evidence be submitted to substantiate any claim that may be made regarding the suitability of an alternate. H. Minor Accommodation: Notwithstanding any other provision of this section, a reviewing authority may authorize the replacement of legally nonconforming pavement with an amount of paving less than or equal to the existing pavement pursuant to article 36 of this chapter if the reviewing authority finds that such paving will be compatible with the character of the adjacent streetscape. (Ord. 1158, eff ; amd. Ord. 1216, eff ; Ord , eff ; Ord , eff ; Ord , eff ; Ord , eff ; Ord , eff ) : COMMERCIAL USE SETBACKS: E 74

17 It shall be unlawful for any person to erect or construct any building, structure, or improvement, or any part thereof, on a site located in a nonresidential zone and located adjacent to a residential zone unless the following setbacks are maintained: A. If the nonresidential site abuts an alley which separates the nonresidential zone from the residential zone, no building, structure, or improvement, either above or less than eight feet (8 ) below the grade level, except a wall or other improvement otherwise permitted by this article shall be located within six feet (6 ) of the edge of the alley adjacent to such site; or B. If there is no alley between the nonresidential site and the residential zone, the following setbacks shall be maintained, except as otherwise permitted by this article: 1. No building, structure, or improvement located less than eight feet (8 ) below the grade level shall be located within six feet (6 ) of the property line abutting the residential zone. 2. No building, structure, or improvement, or any part thereof, up to thirty feet (30 ) or two (2) stories in height, whichever is less, shall be located within ten feet (10 ) of the property line abutting the residential zone. 3. No part of any building, structure, or improvement more than thirty feet (30 ) or two (2) stories in height, whichever is less, shall be located within twenty feet (20 ) of the property line abutting the residential zone. C. The director of planning and community development, pursuant to article 36 of this chapter, may permit improvements in the setback required by subsection B of this section as is necessary to accommodate building code requirements if the director of planning and community development finds that the proposal will be compatible with the adjacent residential area. D. If a retail department store is developed in accordance with the commercial retail planned development overlay zone (C-R-PD) standards set forth in article 18.2 of this chapter, subsections A and B of this section shall not apply, and such retail department store shall be developed in accordance with the setback requirements of said article 18.2 of this chapter. (Ord , eff ; amd. Ord , eff ; Ord , eff ) 10-3-f 953: WALLS REQUIRED FOR RESIDENTIAL-NONRESIDENTIAL TRANSITION: Notwithstanding the setback requirements of section of this article, no person shall erect, construct, or enlarge any building, structure or improvement on a nonresidential site adjacent to a residential zone unless that person constructs a wall along the property line separating the residential and nonresidential uses. A. Nonresidential Site That Abuts An Alley: If the nonresidential site is separated from the residential zone by an alley, then a three foot (3 ) high solid masonry wall shall be constructed and maintained along the property line that abuts the alley. There shall be no opening in such wall; provided, however, there may be an opening a maximum of twenty five feet (25 ) wide in such wall as is necessary to accommodate a driveway providing access to the parking area or loading dock of the structure from the alley when such access is otherwise permitted by the city engineer or the director of building and safety. The director of planning and community development, 75

18 pursuant to article 36 of this chapter, may permit openings not exceeding a width of five feet (5 ) in such wall as is necessary to accommodate building code requirements if the director of planning and community development finds that the proposal will be compatible with the adjacent residential area. 1. Materials Allowed: A reviewing authority may allow the use of any wall material other than masonry, and may further allow a wall constructed of material other than masonry to be a maximum height of three feet six inches (36 ), provided the reviewing authority finds that the alternative wall material or design and the additional height will not have a substantial adverse impact on the adjacent residential property. 2. Minor Accommodation: Notwithstanding the provisions of this subsection A, a reviewing authority may issue a minor accommodation pursuant to article 36 of this chapter to allow an opening of up to thirty feet (30 ) in width in a wall along the property line that abuts the alley, provided the reviewing authority finds that the increased size of the opening will not have a substantial adverse impact on traffic safety, noise, the scale and massing of the streetscape, or garden quality of the city. B. Nonresidential Site That Abuts A Residential Rear Property Line: lithe nonresidential site abuts the rear property line of a residential site, then a solid masonry wall shall be constructed and maintained along the nonresidential property line. The height of the wall shall be at least six feet (6 ), but shall not exceed the maximum height permitted along the abutting residential property line. 1. Minor Accommodation: Notwithstanding the provisions of this subsection B, a reviewing authority may issue a minor accommodation pursuant to article 36 of this chapter to allow a wall of up to ten feet (10 ) in height along a property line abutting a residential rear property line, provided the reviewing authority finds that the wall will not have a substantial adverse impact on traffic safety, the scale and massing of the streetscape, or garden quality of the city. A reviewing authority may also issue a minor accommodation to allow for any wall material other than masonry, provided the reviewing authority finds that the choice of alternate wall material will not have a substantial adverse impact on the privacy, security or residential quality of the adjacent residential property. C. Nonresidential Site That Abuts A Residential Side Property Line: If the nonresidential site abuts the side property line of a residential site, then a solid masonry wall shall be constructed and maintained along the nonresidential property line. Within the area abutting the front yard of the residential property, the wall shall be constructed at the maximum height permitted along the abutting residential property line. Within all other areas, the height of the wall shall be at least six feet (6 ), but shall not exceed the maximum height permitted along the abutting residential property line. 1. Minor Accommodation: Notwithstanding the provisions of this subsection C, a reviewing authority may issue a minor accommodation pursuant to article 36 of this chapter to allow a wall of up to ten feet (10 ) in height along a property line abutting a residential side property line, provided the reviewing authority finds that the wall will not have a substantial adverse impact on traffic safety, the scale and massing of the streetscape, or garden quality of the city. A reviewing authority may also issue a minor accommodation to allow for any wall material 76

19 other than masonry, provided the reviewing authority finds that the choice of alternate wall material will not have a substantial adverse impact on the privacy, security or residential quality of the adjacent residential property. D. Finish: All walls constructed pursuant to this section shall be finished on each side of the wall. (Ord , eff ; amd. Ord , eff ; Ord , eff ; Ord , eff ; Ord , eff ) : GARAGE ENTRANCE RESTRlCTIONS:- El No portion of a driveway to a garage shall be below the natural grade within the front yard, unless such driveway would not slope below the elevation of the adjacent public right of way, and, pursuant to article 36 of this charter, a reviewing authority finds that such driveway would be compatible with the nearby streetscape and with the character of the surrounding development. In addition, the following garage entrance restrictions shall apply to those single-family residential site areas located in the Central Area of the city: A. North Of Santa Monica Boulevard: With regard to those site areas located north of Santa Monica Boulevard, underground garages, garages with a vehicular entrance width greater than twenty four feet (24 ), and garages with a vehicular entrance width greater than forty percent (40%) of the lot width, shall meet one of the following conditions: 1. The vehicular entrance to the garage shall be perpendicular to the front lot line, or 2. All elements of the garage shall be located within fifty feet (50 ) of the rear lot line, or 3. All elements of the garage shall be located farther than one hundred feet (100 ) from the front lot line. B. South Of Santa Monica Boulevard: With regard to those site areas located south of Santa Monica Boulevard, except as provided in subsection C of this section, if the vehicular entrance to a garage is located less than thirty eight feet (38 ) behind the front setback line, then the entrance shall be perpendicular to the front lot line. C. South Of Olympic Boulevard And West Of Roxbury Drive: With regard to those site areas located south of Olympic Boulevard and west of Roxbury Drive, no garage shall have a vehicular entrance width greater than forty percent (40%) of the lot width or twenty four feet (24 ), whichever is less. D. Modifications: The vehicular entrance width and orientation requirements set forth in subsections A, B, and C of this section may be modified by a Central R-1 permit issued pursuant to article 24.5 of this chapter. (Ord , eff ; amd. Ord , eff ; Ord , eff ; Ord , eff ; Ord , eff ) 77

20 : SiDE SETBACKS: L The following side setback requirements shall govern the Central Area of the city: A. North Of Santa Monica Boulevard: The sum of the side setbacks from the two (2) longest side lot lines shall be at least fifteen feet (15 ) plus thirty percent (30%) of the lot width in excess of seventy feet (70 ). In addition, except as otherwise provided in this section, each side setback for site areas located north of Santa Monica Boulevard shall be at least seven and one-half feet (7.5 ). 1. Exception: Site area in excess of one hundred feet (100 ) in width. In addition to any other side setback required, if the width of a site area exceeds one hundred feet (100 ), then the side setback from the two (2) longest side lot lines shall be at least ten feet (10 ) plus ten percent (10%) of the width of the site area in excess of one hundred feet (100 ). 2. Exception; Two Or More Lots: For those site areas that consist of two (2) or more lots as subdivided on July 3, 1984, the side setback shall be at least fifteen feet (15 ). In addition, the sum of the side setbacks adjacent to the two (2) longest side lot lines shall be at least twelve feet (12 ) plus thirty percent (30%) of the tot width in excess of one hundred feet (100 ). B. South Of Santa Monica Boulevard: Except as otherwise provided in this section, the minimum side setback for buildings located south of Santa Monica Boulevard shall be five feet (5 ) on one side. On the other side, the minimum side setback shall be nine feet (9 ). Encroachments in side setbacks otherwise permitted pursuant to section of this chapter may not be permitted in this nine foot (9 ) setback area except for: 1) roof eaves pursuant to subsection B of this chapter, and 2) encroachments along the side property line for side yard fences, walls, or hedges, provided that a flat area with a minimum width of nine feet (9 ) is maintained between the side property line wall, fence or hedge, and any structure or building. Parking, including a porte-cochere covering said parking may be provided in this nine foot (9 ) setback area pursuant to section of this chapter. 1. Exception: The setback requirements set forth in this subsection B shall not be applicable to: a) any corner lot, b) those site areas located south of Olympic Boulevard and west of Roxbury Drive, nor c) those site areas located south of Olympic Boulevard and east of Doheny Drive. a. Corner Lots And All Lots South Of Olympic Boulevard And West Of Roxbury Drive: The side setbacks for all corner lots located southerly of Santa Monica Boulevard and those site areas located southerly of Olympic Boulevard and westerly of Roxbury Drive shall be at least five feet (5 ). In addition, the sum of the side setbacks adjacent to the two (2) longest side lot lines shall be at least twenty percent (20%) of the lot width. b. South Of Olympic Boulevard And East Of Doheny Drive: The side setbacks for site areas southerly of Olympic Boulevard and easterly of Doheny Drive shall be five feet (5 ). 2. Exception; Two Or More Lots: For those buildings located on site areas that consist of two (2) or more lots as subdivided on July 3, 1984, the side setback shall be ten feet (10 ) plus ten percent (10%) of the width of the lot in excess of one hundred feet (100 ). C. Side Setback Extension: If a legally constructed existing building does not conform to the setback requirements of this section, the building may be enlarged through the extension of the existing, nonconforming side setback provided that: 78

21 1. The existing setback is not less than three feet (3 ) and 2. The enlarged portion of the building does not exceed fourteen feet (14 ) in height. a. Minor Accommodation: If the existing setback is not less than three feet (3 ) and the extension exceeds fourteen feet (14 ) in height, then the extension may be permitted by a minor accommodation permit issued pursuant to article 36 of this chapter provided that the floor area of the extension is less than one thousand (1,000) square feet and less than twenty percent (20%) of the existing floor area inclusive of the area of any tear yard setback extension concurrently or previously approved pursuant to subsection C of this chapter, and provided that the reviewing authority finds that the extension will not have any adverse impact on: (1) The scale and massing of the streetscape, (2) Neighbors access to light and air, (3) Neighbors privacy, and (4) The garden quality of the city. Extension of a nonconforming side setback permissible by a minor accommodation at the same time as extension of a nonconforming rear setback pursuant to section of this chapter shall be reviewed as one project and may be permitted by a single Central R-1 permit issued pursuant to article 24.5 of this chapter. b. Central R-1 Permit: If the existing setback is not less than three feet (3 ), the extension exceeds fourteen feet (14 ) in height, and the area of the extension, inclusive of any rear yard setback extension approved pursuant to section of this chapter, exceeds one thousand (1,000) square feet or twenty percent (20%) of the existing floor area, then the extension may be permitted by a Central R-1 permit issued pursuant to article 24.5 of this chapter : SIDE SETBACKS: L Except as provided in this section, each side setback, including street side setbacks, for buildings in the Hillside Area shall be ten feet (10 ) or twelve percent (12%) of the lot width for each setback, whichever is greater. A. Street Side Setbacks: A street side setback shall be as indicated on the residential street setback map of the city of Beverly Hills, if such setback is greater than the minimum setback otherwise requited by this section. If the street side setback is not shown on the residential street setback map of the city of Beverly Hills then the setback shall be governed by the provisions of this section regarding side setbacks. B. Side Setback Extension: If a legally constructed existing building does not conform to the setback requirements of this section, then the building may be enlarged through the extension of the 79

22 existing, nonconforming, side setback provided that the existing setback is not less than three feet (3 ) and the enlarged portion of the building does not exceed fourteen feet (14 ) in height. 1. Minor Accommodation: If the existing setback is not less than three feet (3 ) and the extension exceeds fourteen feet (14 ) in height, then the extension may be permitted by a minor accommodation permit issued pursuant to article 36 of this chapter provided that the floor area of the extension is less than one thousand (1,000) square feet and less than twenty percent (20%) of the existing floor area authorized by building permit as of September 2, 1988, and provided that the reviewing authority finds that the extension will not have an adverse impact on: a) the scale and massing of the streetscape, b) neighbors access to light and air, c) neighbors privacy, and U) the garden quality of the city. 2. Hillside R-1 Permit: If the existing setback is not less than three feet (3 ), the extension exceeds fourteen feet (14 ) in height, and the area of the extension exceeds one thousand (1,000) square feet or twenty percent (20%) of the existing floor area authorized by building permit as of September 2, 1988, then the extension may be permitted by a Hillside R-1 permit issued pursuant to article 25.5 of this chapter. C. Structures Built Into Uphill Slopes: If a building is built into an uphill slope located between the level pad and a rear property line, then the sum of the side setbacks for the portion of the building built into the uphill slope shall be the setbacks otherwise required by this section pius thirty percent (30%) of the lot width. Furthermore, in no case shall any side setback be less than the setback otherwise required by this section. D. Application Of Side Setback Requirements To Existing Legally Nonconforming Side Yards: In all cases that the side setback requirements of this section are applied to construction on lots with existing legally nonconforming side setbacks, the largest setback required by this section shall be applied to the side of the lot with the largest existing side yard. (Ord , eff ; amd. OrU , eff ; OrU , eff ; Ord , eff ; Ord , eff ; Ord , eff ; Ord , eff ) : DEVELOPMENT STANDARDS FOR ACCESSORY BUILDINGS SOUTH OF SANTA MONICA BOULEVARD: El Accessory buildings located on site areas south of Santa Monica Boulevard shall comply with the following standards: A. Floor Area: Accessory buildings, including garages, located on site areas south of Santa Monica Boulevard shall not exceed a cumulative floor area of five hundred (500) square feet. B. Height: Accessory buildings located in the accessory structure area of site areas south of Santa Monica Boulevard shall not exceed a height of fourteen feet (14 ). C. Side Setback Encroachment: Notwithstanding any other provision of this chapter, an accessory building located on a site south of Santa Monica Boulevard may be erected within a required side yard if: 80

23 1. The side lot line abuts an alley and no portion of the building within the side yard exceeds a height of fourteen feet (14 ); or 2. The side lot line does not abut an alley and no portion of the building within the side yard exceeds a height of fourteen feet (14 ) or intersects a plane commencing seven feet (7 ) in height, measured at the side lot line, and extending at a slope of two horizontal to one vertical (2:1) toward the interior of the site area. D. Rear Setback Encroachment: Notwithstanding any other provision of this chapter, an accessory building located on a site south of Santa Monica Boulevard may be erected within a required rear yard if: 1. The rear lot line abuts an alley and no portion of the building within the rear yard exceeds a height of fourteen feet (14 ); or 2. The rear tot line does not abut an alley and no portion of the building within the rear yard exceeds a height of fourteen feet (14 ) or intersects a plane commencing seven feet (7 ) in height, measured at the rear lot line, and extending at a slope of two horizontal to one vertical (2:1) toward the interior of the site area. E. Central R-1 Permit: Notwithstanding any other provision of this section, for those lots located south of Olympic Boulevard and west of Roxbury Drive, the planning commission may modify the height limitation set forth in subsection B of this section, the limitations set forth in subsections Cl and C2 of this section, and the limitations set forth in subsections Dl and D2 of this section by a Central R-1 permit issued pursuant to article 24.5 of this chapter provided the rear lot line of the subject lot abuts an alley and provided further that the elevation of the subject lot slopes downhill from the front (street) lot line of the property to the rear (alley) lot line with a minimum difference in elevation of at least twenty feet (20 ) between the street and the alley. In addition to the findings requited by section of this chapter, the planning commission shall not issue a Central R-1 permit to allow an accessory structure to exceed fourteen feet(14 ) in height unless the planning commission additionally finds that the proposed accessory structure will not have a substantial adverse impact on adjacent properties or the public welfare. In making this determination, the planning commission may look at such factors as the impact of the accessory structure on the scale and massing as viewed from adjacent properties, the impact of the accessory structure on available light in neighboring yards, and the cumulative impact to adjacent properties from the proposed accessory structure in combination with existing accessory structures in the vicinity. Under no circumstances shall the height of an accessory structure be permitted to exceed the following: 1. Twelve feet (12) as measured from the lowest finished elevation along the perimeter of the primary structure; and 2. Twenty five feet (25 ) for a flat roof and thirty feet (30 ) for a sloped roof with a twenty two foot (22 ) plate height as measured from the lowest (alley side) existing grade. (Ord , eff ; amd. Ord , eff ) 81

24 : DEVELOPMENT STANDARDS FOR ACCESSORY BUILDINGS NORTH OF SANTA MONICA BOULEVARD: Accessory buildings located on site areas north of Santa Monica Boulevard shall comply with the following standards: A. Height: Accessory buildings located in the accessory structure area of site areas north of Santa Monica Boulevard shall not exceed a height of fourteen feet (14 ), except as authorized by a minor accommodation or a Central R-1 permit as provided in subsections E and F of this section, respectively. However, under no circumstances shall the height of an accessory structure be permitted to exceed the maximum height that would be allowed in the principal building area. B. Side Setback Encroachment: Notwithstanding any other provision of this chapter, an accessory building located on a site north of Santa Monica Boulevard may be erected within a required side yard if: 1. The side lot line abuts an alley and no portion of the building within the side yard exceeds a height of fourteen feet (14 ); or 2. The side lot line does not abut an alley and no portion of the building within the side yard exceeds a height of fourteen feet (14 ) or intersects a plane commencing seven feet (7 ) in height, measured at the side lot line, and extending at a slope of two horizontal to one vertical (2:1) toward the interior of the site area. However, notwithstanding the provisions of this subsection, an accessory building located on a site north of Santa Monica Boulevard shall maintain a side setback of four feet (4 ) unless the accessory structure is located in a side yard abutting an alley. For an accessory building located in a required side yard on a site north of Santa Monica Boulevard, the limitations set forth in subsections BI and B2 of this section may be modified by a minor accommodation issued in accordance with the procedure set forth in subsection E of this section provided the accessory structure complies with all of the requirements set forth in subsection G of this section or by a Central R-1 permit issued in accordance with the procedure set forth in subsection F of this section. However, under no circumstances shall the height of an accessory structure be permitted to exceed the maximum height that would be allowed in the principal building area. C. Rear Setback Encroachment: Notwithstanding any other provision of this chapter, an accessory building located on a site north of Santa Monica Boulevard may be erected within a required tear yard if: 1. The rear lot line abuts an alley and no portion of the building within the rear yard exceeds a height of fourteen feet(14 ); or 2. The rear lot line does not abut an alley and no portion of the building within the rear yard exceeds a height of fourteen feet (14 ) or intersects a plane commencing seven feet (7 ) in height, measured at the rear lot line, and extending at a slope of two horizontal to one vertical (2:1)toward the interior of the site area. For an accessory building located in a required rear yard but outside of the required side yard on a site north of Santa Monica Boulevard, the limitations set forth in subsections Cl and C2 82

25 of this section may be modified by a minor accommodation issued in accordance with the procedure set forth in subsection E of this section. However, under no circumstances shall the height of an accessory structure be permitted to exceed the maximum height that would be allowed in the principal building area. For an accessory building located in both a required rear yard and a required side yard on a site north of Santa Monica Boulevard, the limitations set forth in subsections Cl and 02 of this section may be modified by a minor accommodation issued in accordance with the procedure set forth in subsection E of this section provided the accessory structure satisfies all of the criteria set forth in subsection G of this section or by a Central R-1 permit issued in accordance with the procedure set forth in subsection F of this section. However, under no circumstances shall the height of an accessory structure be permitted to exceed the maximum height that would be allowed in the principal building area. D. Setbacks For Single-Story, Detached Garages: Notwithstanding the provisions of subsections B and C of this section, a single-story, detached garage accessory structure located on a site north of Santa Monica Boulevard may be erected on the side and rear lot lines provided all of the following criteria are satisfied: 1. The accessory structure is detached from all other structures on the property; and 2. The accessory structure is only used as a garage; and 3. a. The side or rear lot line abuts an alley and no portion of the building within the side or rear yard exceeds a height of fourteen feet (14 ); or b. The side or rear lot line does not abut an alley and no portion of the building within the side or rear yard exceeds a height of fourteen feet (14 ) or intersects a plane commencing seven feet (7 ) in height, measured at the side or rear lot line, and extending at a slope of two horizontal to one vertical (2:1) toward the interior of the site area; and 4. As a condition precedent to the issuance of a building permit for the accessory structure, the owner of the property files with the city building official a covenant, approved by the city attorney, for recording with the county recorder that restricts the use of the accessory structure to garage purposes and prohibits the addition of a second story to the accessory structure. For a garage accessory building located in a required side or rear yard or both the requited side and rear yards on a site north of Santa Monica Boulevard, the limitations set forth in subsections D3a and D3b of this section may be modified by a minor accommodation issued in accordance with the procedure set forth in subsection E of this section. However, under no circumstances shall the height of the garage accessory structure be permitted to exceed: a) one-story; b) a plate height often feet (10 ) at the side or rear lot line; and c) a maximum height of fourteen feet (14 ). E. Minor Accommodation: The height limitation set forth in subsection A of this section, the limitations set forth in subsections Bi and B2 of this section, and the limitations set forth in subsections Cl and C2 of this section may be modified by a minor accommodation issued pursuant to article 36 of this chapter provided the reviewing authority finds that the increased height will not have an adverse impact on: 1. The scale and massing of the streetscape; 83

26 2. The neighbors access to light and air; 3. The neighbors privacy; and 4. The garden quality of the city. F. Central R-l Permit: Notwithstanding any other provision of this section, the planning commission may modify the height limitation set forth in subsection A of this section, the limitations set forth in subsections El and B2 of this section, and the limitations set forth in subsections Cl and 02 of this section by a Central R-l permit issued pursuant to article 24.5 of this chapter. In addition to the findings required by section of this chapter, the planning commission shall not issue a Central R-l permit to allow an accessory structure to exceed fourteen feet (14 ) in height unless the planning commission additionally finds that the proposed accessory structure will not have a substantial adverse impact on adjacent properties or the public welfare. In making this determination, the planning commission may look at such factors as the impact of the accessory structure on the scale and massing as viewed from adjacent properties, the impact of the accessory structure on available light in neighboring yards, and the cumulative impact to adjacent properties from the proposed accessory structure in combination with existing accessory structures in the vicinity. However, under no circumstances shall the height of an accessory structure be permitted to exceed the maximum height that would be allowed in the principal building area. G. Additional Criteria: If the provisions of this section require an accessory structure to comply with this subsection, the accessory structure shall satisfy all of the following criteria: 1. The accessory structure shall not exceed a height of twenty two feet (22 ); 2. The total length of the accessory structure, including the combined length of an existing structure and any proposed addition thereto, along the closest side property line shall not exceed a length of twenty four feet (24 ); 3. The accessory structure is located entirely within thirty feet (30 ) of the rear lot line; 4. Any window located over fourteen feet (14 ) above grade on an elevation facing an alley or the closest adjacent side property line shall be fitted with translucent glass and either fixed (unopenable) or awning style with a maximum opening of twenty five degrees (25 ); 5. A detailed landscaping plan shall be submitted to and approved by the director of planning and community development as part of the application for a minor accommodation. The landscaping plan shall include landscaping of an appropriate height and density to soften the appearance of the accessory structure from adjacent properties. (1988 Code; amd. Ord , eff ) : NONCONFORMING USES: 1Z9 A nonconforming use may be continued, without alteration or expansion, although such use no longer conforms to the provisions of this chapter. A. Conversion To Conforming Use: A nonconforming use, or any portion of the nonconforming use, may be converted to a use that conforms to the provisions of this chapter. 84

27 1. A nonconforming use may not be resumed once that use is converted to a conforming use. 2. No portion of a building may be occupied by a nonconforming use once that portion of the building is occupied by a conforming use. B. Expansion Of Nonconforming Use: A nonconforming use shall not be expanded. However, a building occupied by a nonconforming use may be enlarged provided that the enlargement meets the then current development standards and the area of the enlargement is utilized solely by conforming uses. 1. Minor Accommodation: Pursuant to the provisions of article 36 of this chapter, a minor accommodation permit may be issued to allow an awning, canopy or sign to be added to a building located in a residential zone and occupied by a nonconforming use and to allow such awning, canopy or sign to encroach into a required yard if: a) the use is nonconforming solely because the use lacks a conditional use permit, b) the addition will not add floor area to the buildings, c) the sign does not exceed twelve (12) square feet in area unless the planning commission or the city council acts as the reviewing authority for the minor accommodation, and U) the reviewing authority determines that the awning, canopy or sign will not substantially and adversely affect the residential character of the surrounding neighborhood : WALLS, FENCES AND HEDGES: In addition to any requirements imposed pursuant to title 9 of this Code, a building permit shall be required for any wall or fence greater than six feet (6 ) in height and shall also be required for any wall or fence, regardless of its height, that is located in a front yard. A. Thickness: No wall or fence shall exceed two feet (2 ) in thickness. Cavities or spaces within a wall or fence shall not be used for the support, storage, shelter, or enclosure of persons, animals, or personal property. B. Supporting Elements: No column, pillar, post, or other supporting element of a wall or fence shall be more than twenty four inches (24 ) in width. C. Front And Street Side Yards: No wall or fence shall be located within three feet (3 ) of a front lot line or street side lot line. Walls or fences located more than three feet (3 ) from a front tot line or street side lot line, but less than or equal to ten feet (10 ) from a front lot line or street side lot line shall be no more than three feet (3 ) in height. Walls or fences located more than ten feet (10 ) from a front lot line or street side lot line, but within a front yard or street side yard, shall be no more than six feet (6 ) in height. Furthermore, any portion of such walls or fences that exceeds three feet (3 ) in height shall be open to public view. 1. Hillside R-1 Permit: Notwithstanding the provisions of this subsection C, a reviewing authority may issue a Hillside R-1 permit to permit a wall of no more than six feet (6 ) in height to encroach into a front yard or street side yard without otherwise complying with the requirements of this subsection C. 85

28 2. Minor Accommodation: Notwithstanding the provisions of this subsection C, a reviewing authority may issue a minor accommodation permit pursuant to article 36 of this chapter to allow a wall or fence of up to six feet (6 ) in height to be located between three feet (3 ) and ten feet (10 ) from a front lot line or street side lot line, provided that the wall or fence is open to public view and provided that the reviewing authority finds that the wall or fence will not have a substantial adverse impact on the scale and massing of the streetscape or the garden quality of the City : MINOR ACCOMMODATION REQUIRED: A. Minor Accommodation Required: The proposed installation of an amateur radio station antenna, whether ground mounted or building mounted, in any land use zone, which antenna will extend more than fifteen feet (15 ) above the highest point of the roofline of a building or structure on the proposed site, must be preceded by an application for a minor accommodation in accordance with article 36 of this chapter, and, if the application is approved, a building permit must be obtained. B. Application Requirements: In addition to the requirements set forth in article 36 of this chapter, the application for a minor accommodation must include the following: 1. Construction drawings that show the proposed method of installation and the manufacturer s specifications. 2. A plot plan showing the proposed location and dimensions of the amateur radio station antenna. 3. Engineering data evidencing that the amateur radio station antenna will be in compliance with all structural requirements of the building code. 4. Copies of all licenses issued to the applicant by the FCC to engage in amateur radio service operations and to use the site as an amateur radio station. C. Review Criteria: In considering the application for a minor accommodation for a proposed amateur radio station antenna, the reviewing authority must consider the following factors: 1. Whether the proposed height of the amateur radio station antenna is the minimum height that is technically required to enable the applicant to engage in amateur radio service operations of the nature contemplated. 2. Proximity of the proposed amateur radio station antenna to inhabited buildings and structures. 3. The nature of existing uses on adjacent and nearby properties. 4. Surrounding topography, tree coverage, and foliage, and their effect on the proposed height of the amateur radio station antenna. 5. Design of the proposed amateur radio station antenna, with particular reference to design features that provide for retraction of the antenna when not in use and design features that may reduce or eliminate visual obtrusiveness, particularly in residential zones. 86

29 D. Guidelines For Denial Or Conditioning Application: In making any determination during the minor accommodation approval process to deny or to condition the application for an amateur radio station antenna, the reviewing authority must adhere to the following guidelines: 1. The imposition of conditions or restrictions relating to the placement, screening, or height of a proposed amateur radio station antenna, which conditions or restrictions are based upon protection of the public health, welfare, and safety, aesthetic considerations, or the preservation of property values, must be considered on a case by case basis, taking into account the unique features of the proposed site, the factors specified in subsection C of this section, and the reasonable accommodation required under subsection D2 of this section. 2. The minor accommodation approval process must be conducted so as to: a) reasonably accommodate the paramount federal interest in promoting amateur radio communications as voluntary, noncommercial communications services, particularly with respect to emergency communications; and b) impose the minimum practical restrictions, limitations, and conditions in order to achieve the city s legitimate regulatory objectives. (Ord , eff ) : PERMISSIBLE ENCROACHMENTS IN SIDE YARDS, STREET SIDE YARDS, AND REAR YARDS: E1 No structure or element of a building may encroach into any side yard, street side yard or rear yard except the following: A. A fence, gate, or wall that otherwise complies with the requirements of this code; B. Roof eaves not exceeding a maximum vertical dimension of twelve inches (12 ) and projecting no mote than eighteen inches (18 ) into such yards; C. Porches and decks located at or below the first floor level provided, further, that required handrails for such elements shall not extend more than forty two inches (42 ) above the first floor level; D. Decks located at finished first floor level, covering portions of driveway ramps that lead directly to subterranean parking for residences, provided, further, that requited handrails for such elements shall not extend mote than forty two inches (42 ) above the deck floor level and that the length of the deck shall be limited to twenty four feet (24 ) or the width of the opening into the subterranean parking, whichever is less, provided that a substantial landscape buffer is provided between the deck and any adjacent property; E. Gas and electric meter enclosures projecting no more than eighteen inches (18 ) into such yards; F. One fireplace provided one of the following two (2) criteria is met: 1. The required setback equals or exceeds seven and one-half feet (7/2 ), the encroachment is limited to thirty inches (30 ) or less, and the length of the fireplace measured parallel to the property line does not exceed ten feet (10 ); or 2. The required setback is less than seven and one-half feet (7 /2 ), the encroachment is twelve inches (12 ) or less, the length of the fireplace measured parallel to the property line does not 87

30 exceed six feet (6 ), and the fireplace is located a minimum often feet(10 ) from the front of the building; C. Swimming pools and mechanical equipment serving pools provided that the mechanical equipment complies with subsection M of this section; H. Trash storage facilities; I. Architectural projections, such as half timbers, corbels, and window and door accents, projecting no more than six inches (6 ) into such yards; J. A porte-cochere, set back a minimum of four feet (4 ) from the front setback line, provided that no garage or carport faces the front lot line within the first thirty eight feet (38 ) behind the front setback line; K. Freestanding support structures for wireless facilities, provided that mechanical or accessory equipment servicing any such wireless facility complies with subsection M of this section; L. Light wells as defined in this chapter, provided that no light well is located in a side yard and, if located in a street side yard, the light well is screened from the public right of way by a wall, fence or hedge that complies with the requirements of section of this chapter; M. Mechanical equipment that does not exceed the maximum height requirements for walls, fences and hedges pursuant to section of this chapter, is screened from public view, and complies throughout its operational life with the city s noise regulations set forth in title 5, chapter 1, article 2 of this code; N. elevators and elevator enclosures, provided the following criteria are met: 1. The subject residence is not a newly constructed building. Newly constructed building shall mean a building that has been constructed within the past five (5) years or remodeled more than fifty percent (50%) during the past five (5) years as described in section of this chapter. 2. The length of the encroachment measured parallel to the property line does not exceed seven feet (7 ), except that for lots located north of Santa Monica Boulevard a minor accommodation permit may be issued to allow a greater length. In order to approve the minor accommodation permit, the reviewing authority must find that the encroachment will not have an adverse impact on: a. The scale and massing of the streetscape, b. Neighbors access to light and air, c. Neighbors privacy, and d. The garden quality of the city. 3. The aggregate length of the encroachment of the elevator and elevator enclosure together with a fireplace encroaching into the same setback, pursuant to subsection F of this section, 88

31 does not exceed thirteen feet (13 ), except pursuant to a minor accommodation permit issued pursuant to subsection N2 of this section. 4. The encroachment is not closet than three feet (3 ) from the front of the building. 5. The elevator and elevator enclosure does not have any windows. 6. Noise generated by the elevator complies with city noise regulations set forth in title 5, chapter 1, article 2 of this code. 7. The elevator and enclosure is designed to be compatible with the existing residence in color, material and design. 8. The encroachment into the setback does not exceed the following, provided that a minimum setback of three feet (3 ) shall be maintained in all cases: a. Thirty inches (30 ), or b. Sixty inches (60 ) if a minor accommodation permit pursuant to article 36 of this chapter is issued. In order to approve the minor accommodation permit, the reviewing authority must find that the encroachment will not have an adverse impact on: (1) The scale and massing of the streetscape, (2) Neighbors access to light and air, (3) Neighbors privacy, and (4) The garden quality of the city : PERMISSIBLE ENCROACHMENTS IN SIDE YARDS, STREET SIDE YARDS, AND REAR YARDS3 No structure or element of a building may encroach into any side yard, street side yard or rear yard except the following: A. A fence, gate, or wall that otherwise complies with the requirements of this code; B. Roof eaves not exceeding a maximum vertical dimension of twelve inches (12 ) and projecting no mote than eighteen inches (18 ) into such yards; C. Porches and decks located at or below the first floor level provided, further, that requited handrails for such elements shall not extend more than forty two inches (42 ) above the first floor level; D. Gas and electric meter enclosures projecting no mote than eighteen inches (18 ) into such yards; E. One fireplace provided one of the following two (2) criteria is met: 89

32 2. The required setback is less than seven and one-half feet (71/21), the encroachment is twelve building; F. Swimming pools provided that no mechanical equipment servicing any such pool is located within a side yard or street side yard; exceed six feet (6 ), and the fireplace is located a minimum often feet (10 ) from the front of the inches (12 ) or less, the length of the fireplace measured parallel to the property line does not pursuant to subsection K2 of this section. does not exceed thirteen feet (13 ), except pursuant to a minor accommodation permit issued encroachment will not have an adverse impact on: order to approve the minor accommodation permit, the reviewing authority must find that the feet (7 ), except that a minor accommodation permit may be issued for a greater length. In mean a building that has been constructed within the past five (5) years or remodeled more than fifty percent(50%) during the past five (5) years as described in section of this chapter. equipment servicing any such wireless facility is located within a side yard or a street side yard. property line does not exceed ten feet (10 ); or 1. The required setback equals or exceeds seven and one-half feet (71/21), the encroachment is limited to thirty inches (30 ) or less, and the length of the fireplace measured parallel to the G. Trash storage facilities; H. Architectural projections, such as half timbers, corbels, and window and door accents, projecting no more than six inches (6 ) into such yards; I. A porte-cochere; and J. Freestanding support structures for wireless facilities, provided that no mechanical or accessory K. Elevators and elevator enclosures, provided the following criteria are met: 1. The subject residence is not a newly constructed building. Newly constructed building shall 2. The length of the encroachment measured parallel to the property line does not exceed seven a. The scale and massing of the streetscape, b. Neighbors access to light and air, c. Neighbors privacy, and d. The garden quality of the city. 3. The aggregate length of the encroachment of the elevator and elevator enclosure together with a fireplace encroaching into the same setback, pursuant to subsection E of this section, 4. The encroachment is not closer than three feet (3 ) from the front of the building. 5. The elevator and elevator enclosure does not have any windows. 90

33 6. Noise generated by the elevator complies with city noise regulations set forth in title 5, chapter 1 article 2 of this code. 7. The elevator and enclosure is designed to be compatible with the existing residence in color, material and design. 8. The encroachment into the setback does not exceed the following, provided that a minimum setback of three feet (3 ) shall be maintained in all cases: a. Thirty inches (30 ), or b. Sixty inches (60 ) if a minor accommodation permit pursuant to article 36 of this chapter is issued. In order to approve the minor accommodation permit, the reviewing authority must find that the encroachment will not have an adverse impact on: (1) The scale and massing of the streetscape, (2) Neighbors access to light and air, (3) Neighbors privacy, and (4) The garden quality of the city. Notwithstanding any other provision of this section, a passageway or access for emergency services shall extend for the length of the entire site area from the front lot line to the rear lot line. Such passageway or access shall be a minimum of three feet (3 ) in width and shall be free of any obstruction, except that a wall, fence or hedge otherwise permitted by the provisions of this article may be placed along the rear lot line and a gate may be placed across such passageway or access behind the front yard. (Ord , eff ; amd. Ord , eff ; Ord , eff ; Ord , eff ; Ord , eff ; Ord , eff ) 91