BEVRLYRLY. Planning Commission Report

Transcription

1 BEVRLYRLY 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: Match 9, Tower Road Hillside R-1 Permit Request for revisions to a previously approved Hillside R-1 Permit to allow cumulative floor area exceeding 15,000 square feet. Previous approval also included a Hillside R-l Permit to allow an accessory structure within the front yard to exceed 14 feet in height; and to allow a solid wall/gate with a height of 6 feet in the front yard setback on the property located at 1146 Tower Road. Ahmet Aiptekin, on behalf of 1146 Tower Road Limited, LLC That the Planning Commission: 1. Conduct a public hearing and receive testimony on the Project; 2. Adopt the attached resolution conditionally approving a revised Hillside R-1 permit. REPORT SUMMARY A Hillside R-1 Permit was approved by the Planning Commission on April 23, 2015 allowing additions to an existing single-family residence, architectural improvements to an accessory structure, and enclosing the open portions of an existing wall/gate in the front yard of the property. The site contains an existing single-family residence consisting of two stories and a basement. The approved additions consisted of two new guest bedrooms on the west wing of the main house, as well as other minor enclosures and additions throughout the residence, resulting in a total cumulative floor area not to exceed 17,460 square feet. A proposed pool house addition on the east side of the property was withdrawn from the original request, and was not approved as part of the Planning Commission s decision. Subsequently, the applicant has requested modifications to the approved design that would result in removal of the guest room additions on the west wing, and would re-distribute the previously approved floor area into other locations throughout the basement, first floor, and second floor of the existing residence. The total cumulative floor area would be substantially similar at 17,454 square feet. As part of the proposed changes, a 120 square foot pool house is included on the eastern side of the property, adjacent to the main residence. Attachment(s): A. Requited Findings B. Public Notice C. April 9,2015 Planning Commission Staff Report D. April 23, 2015 Planning Commission Staff Report E. Planning Commission Resolution No (Original Project Approval) F. Draft Resolution for Project Revisions (Redline) G. Draft Resolution for Project Revisions (Clean) H. Architectural Plans (Provided as a Separate Attachment) Report Author and Contact Information: Andre Sahakian, AICP, Senior Planner (310) asahakian@beverlyhills.org

2 Planning Commission Report 1146 Tower Road March 9, 2017 Page 2 of 8 BACKGROUND File Date 2/17/17 Application Complete 3/1/17 Subdivision Deadline CEQA Recommendation CEQA Deadline Permit Streamlining N/A Categorical Exemption 60 days from CEQA Determination 60 days from determination of Exemption Applicant(s) Owner(s) Representative(s) 1146 Tower Road Limited 1146 Tower Road Limited Ahmet Alptekin Prior PC Action Resolution No Prior Council Action None PROPERTY AND NEIGHBORHOOD SETTING Address 1146 Tower Road Assessor s ID No Zoning District General Plan Existing Land Use(s) R-1.X One-Family Residential One-Family Residential Lot Dimensions & Area Irregular Lot approximately 77,625 square feet (1.78 acres) Year Built 1927 Historic Resource Protected Trees/Grove Ineligible per Director s Determination None Adiacent Zoning and Land

3 If Planning Commission Report 1746 Tower Road March 9, 2017 Page 3 of 8 Uses North South East West R-1.X Single-Family Residential R-1.X Single-Family Residential R-1.X Single-Family Residential R-1.X Single-Family Residential Circulation and Parking Adjacent Street(s) Traffic Volume Adjacent Alleys Parkways & Sidewalks Tower Lane to the northwest, Tower Road to the west, San Ysidro Drive to the east, Benedict Canyon Drive to the south Tower Road: Unknown Benedict Canyon Drive: 11,030 average daily volume None Tower Road: 30 total right of way with 22 street width and varying parkway widths Neighborhood Character The subject property is located in the Hillside Area of the City at the peak of a narrow hill formed by slopes reaching uphill from Tower Road and San Ysidro Drive, located to the east and west, respectively, of the subject property. It is completely bordered by single-family residential properties. The subject property fronts on a sharp curvature of Tower Road, and consists of a large lot that is approximately 1.5 to 3 times larger than the abutting lots. Existing homes in the vicinity of the subject property are typically one- and two-story structures on regularly and irregularly shaped hillside lots. Tower Road is a single lane residential street that continues past the City s northern boundary into Los Angeles. Tower Road is accessed from Benedict Canyon Drive, which is a busy travel corridor with moderately high traffic volumes.

4 Planning Commission Report 1146 Tower Road March 9, 2017 Page 4 of 8 LEGEND Property Lines Project Site Project Site Street Frontage

5 Planning Commission Report 1146 Tower Road March 9, 2017 Page 5 of 8 PROJECT DESCRIPTION The previously approved project consisted of the addition of a wing on the western portion of the existing structure to provide additional guest bedrooms, as well as other minor enclosures and additions throughout the remainder of the property. These would have resulted in the addition of 2,467 square feet of cumulative floor area. The original request also included an approximately 2,000 square foot pool house over the eastern slope of the property, however after review by the Planning Commission and in response to concerns raised by neighbors, the pool house component of the project was withdrawn and was not included in the Planning Commission s approval. In the proposed revision to the approved project, the guest room wing addition on the north side of the structure will be foregone, and instead, the additional floor area would be distributed throughout the residence in the form of other additions, including an expanded basement connection between the main residence basement and the basement below the on-grade garage; additions to the south elevation of the residence facing the rear of the property on the first and second floors; and the addition of a 120 square foot restroom and storage area near the pool on the eastern side of the property. The proposed revisions would result in a total cumulative floor area of 17,454 square feet, which is six square feet less than the Planning Commission s previous approval. REQUIRED ENTITLEMENTS. As proposed, the project requires the following entitlements: Hillside R-J Permit. o o o BHMC (B) requires a Hillside R-1 Permit for projects in the Hillside Area of the City that result in a cumulative floor area over 15,000 square feet. BHMC allows accessory structures located in a yard area to exceed 14 in height if the second story meets the side setback requirements through the issuance of a Hillside R-1 permit. BHMC (C)1 requires a Hillside R-1 Permit to allow solid walls/gates with a height of 6 to encroach into the front yard setback without meeting the requirement that a portion of the wall be open to public view. GENERAL PLAN POLICIES The General Plan includes numerous goals and policies relevant to the Planning Commission s review of the project, including: Policy LU 2.3 Hillside Development. Maintain the natural landlorms that define the City and require that development on hillsides and in canyon areas be located, designed, and scaled to respect the natural topography and landscape. Policy LU 2.4 Architectural and Site Design. Require that new construction and renovation of existing buildings and properties exhibit a high level of excellence in site

6 1ERLY Planning Commission Report 1146 Tower Road March 9, 2017 Page 6 of 8 planning, architectural design, building materials, use of sustainable design and construction practices, landscaping, and amenities that contribute to the City s distinctive image and complement existing development. Policy LU 5.1 Neighborhood Conservation. Maintain the uses, densities, character, amenities, and quality of the City s residential neighborhoods, recognizing their contribution to the City s identity, economic value, and quality of life. Policy LU 6.2 Housing Character and Design. Require that new, renovated, and additions to housing be located and designed to maintain the distinguishing characteristics and qualities of the neighborhoods in which they are located, including prevailing lot sizes, building form, scale, massing, relationship to street frontages, architectural design, landscaping, property setbacks, and other comparable elements. ENVIRONMENTAL ASSESSMENT The subject project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines1, and the environmental regulations of the City. The project appears to qualify for a Class I Categorical Exemption (1 5301(e)). This exemption is applicable to projects that consist of minor additions to existing structures, and staff recommends that the Planning Commission find that the project will not have a significant environmental impact and is exempt from the provisions of CEQA. PUBLIC OUTREACH AND NOTIFICATION Type of Notice Posted Notice Newspaper Notice Mailed Notice (Owners & Residents Radius) Required Period N/A N/A 10 Days Required Notice Date N/A N/A 02/27/2017 Actual Notice Date 03/02/2017 N/A 02/27/2017 Actual Period 7 Days N/A 10 Days Property Posting Website 10 Days N/A 02/27/2017 N/A 02/27/ /02/ Days 7 Days Public Comment Staff received comment from one neighbor of the project regarding potential privacy, scale, and mass impacts resulting from proposed changes to the east side of the subject property. Conditions of approval have been recommended in response to these comments. 1 The CEQA Guidelines and Statue are available online at

7 LLS Planning Commission Report 1146 Tower Road March 9, 2017 Page 7 of 8 ANALYSIS Project approval, conditional approval, or denial is based upon specific findings for each discretionary application requested by the applicant. The required findings are included with this report in Attachment A and may be used to guide the Planning Commission s deliberation on the subject project. Additionally, staff s analysis is provided below for the Commission s consideration. Scale, Mass, and Privacy. The previously approved project consisted of an approximately 2,077 square foot one-story addition on the west wing of the existing residence, as well as other various minor additions throughout the residence. The proposed revision forgoes the west wing addition, and instead includes additions to the rear of the residence facing the south, an enlarged basement connection between the basement garage and the main residence, an enlarged front entry way, and a small pool bathroom. In sum, the proposed revision results in substantially the same amount of total cumulative floor area as was previously approved by the Planning Commission, however instead of the additional floor area being concentrated on the west wing, it is distributed throughout other areas of the house, including in the basement where it will not be visible. Overall, the proposed revisions would not be likely to result in new or additional scale or mass that would be visible from neighboring properties or from the street, particularly taking into account the overall size of the site, which is several times larger than most other properties in the vicinity. The proposed pool bathroom structure would be 120 square feet, and would be located on a new pad created by the installation of retaining walls on the eastern slope. Although the pool bathroom structure itself is relatively small, the Planning Commission may wish to consider the overall impact of the retaining wall (which would have a maximum height of seven feet facing the east property line) plus the pool structure. Due to the nature of the proposed additions to the main residence and the relative size of the property, the proposed revisions are unlikely to result in any significantly different privacy issues as compared to the approved project. However, since the pool bathroom structure would require the creation of new level pad, the Planning Commission may wish to consider whether this new accessible area would result in any negative privacy impacts to neighboring properties. Staff has recommended a condition of approval requiring planting of new trees on the new pad created to accommodate the new pool restroom structure, which would help address potential privacy concerns. Streetscape. The previously approved project included requests for a Hillside R-1 Permit to allow an existing gate house in the front yard setback to be raised in height by 1 -l to accommodate ornamental features to the structure. Additionally, the previous approval included a Hillside R-1 Permit to allow a six foot solid fence/gate to be installed at the main entrance on Tower Road. The Planning Commission was able to make the findings for these request, and granted the Hillside R-1 Permits to allow these components of the project. The proposed revisions to the project will not result in any changes to these components, and thus staff recommends that the Planning Commission allow these features to be included as part of the revised project. View Preservation. View preservation analysis was conducted for the previously approved project. This analysis included the installation of story poles, meetings and conversations with

8 Planning Commission Report 1146 Tower Road March 9, 2017 Pages of 8 neighbors with potential view impacts, review of view preservation diagrams and sight-lines, and visits to the subject property. As a result, it was found that due to the distance of the structure from neighboring properties and the existing height of the building, the previously approved project would not result in any significant view impacts to surrounding properties. The revisions to the project consist of changing the roof design from sloped and hip roofs to flat roofs. As a result, some areas of the roof will be raised by up to two feet from where the current roof lines are. None of the proposed changes to the roof design will result in an increase to the maximum height of the existing roof. Therefore, staff has determined that there will continue to be no significant view impacts to adjacent properties. Summary of Project Benefits and Concerns. Based on the analysis provided above, a summary of the project s potential benefits and potential concerns is provided in the table below for the Planning Commission s consideration. Potential Benefits Potential Concerns. Re-distributed massing less likely to be Pool house addition on eastern side of visible from neighboring properties property would potentially be visible to.. Removal of guest bedroom wing allows neighbors to the east for maintenance of several mature trees on the property that would otherwise need to be removed NEXT STEPS It is recommended that the Planning Commission conduct the public hearing and adopt the attached resolution conditionally approving a revision to a Hillside R-1 Permit for cumulative floor area in excess of 15,000 square feet, an accessory structure within the front yard to exceed 14 in height, and construction of a wall within the front yard setback. Alternatively, the Planning Commission may consider the following actions: 1. Approve the project with modified findings or conditions of approval. 2. Deny the project, or portions of the project, based on revised findings. 3. Direct staff or applicant as appropriate and continue the hearing to a date (un)certain, consistent with permit processing timelines. Report Revi7yved By: Masa Allure, AICP, Principal Planner

9 LLS Planning Commission Report 1146 Tower Road March 9, 2017 Attachment A Required Findings Hillside R-1 Findings. The Planning Commission may grant a Hillside R-1 Permit provided that the following findings are made: 1) With respect to cumulative floor area in excess of 15,000 square feet: a. The reviewing authority may issue a Hillside R-1 permit to allow the total of the cumulative floor area developed on a site, in combination with the floor area of all basements on that site as measured pursuant to subsection B of this chapter, to exceed fifteen thousand (15,000) square feet if the floor area ratio formula set forth in Beverly Hills Municipal Code (BHMC) subsection B would so permit and the reviewing authority finds that the development will not have a substantial adverse impact on the scale, integrity, or character of the area or on the privacy of neighboring properties. The reviewing authority may require the applicant to submit such information and reports as the reviewing authority deems appropriate to determine the nature and extent of impacts on the scale, integrity and character of the area and on the privacy of neighboring properties. 2) With respect to accessory structures exceeding 14 in height: a. The reviewing authority may issue a Hillside R-1 permit to allow an accessory structure located in a yard area to exceed fourteen feet (14 ) in height if the second story meets the side setback required for the primary building on the site, and if the reviewing authority finds that the structure will not have a substantial adverse impact on the scale or character of the area, on the privacy of neighboring properties, on the neighbors access to light and air, or on the streetscape. However, no more than one accessory structure that exceeds fourteen feet (14 ) in height shall be permitted in the side or rear yard areas. 3) With respect to walls up to 6 in the front yard: a. The reviewing authority may issue a Hillside R-1 permit to allow 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 BHMC subsection C if the reviewing authority finds that the wall will not have a substantial adverse impact on the scale and massing of the streetscape or the garden quality of the city.

10 LLS L Planning Commission Report 1146 Tower Road Match 9, 2017 Attachment B Public Notice

11 çbevrlyrly NOTICE OF PUBLIC HEARING DATE: March 9, 2017 TIME: PROJECT ADDRESS: MEETING LOCATION: 1:30 PM, or as soon thereafter as the matter may be heard 1146 Tower Road Commission Meeting Room 280A Beverly Hills City Hall 455 North Rexford Drive Beverly Hills, CA The Planning Commission of the City of Beverly Hills, at its REGULAR meeting on Thursday, March 9, 2017, will hold a public hearing beginning at 1:30 PM, or as soon thereafter as the matter may be heard to consider a request to allow additions to an existing single-family home located at 1146 Tower Road. Construction of the proposed project requires the following entitlement: A Hillside R-1 Permit is required for projects in the Hillside Area of the City that result in a cumulative floor area over 15,000 square feet. The subject property currently has a cumulative floor area of approximately 14,993 square feet, including all basement areas. The Planning Commission previously approved a Hillside R-1 Permit to allow a total cumulative floor area of 17,460 square feet. Revisions have been made to the approved project consisting of re-distributing the previously approved floor area. The new proposed cumulative floor is approximately 17,454 square feet. The proposed additions would continue to comply with the required height restrictions and setbacks. The Planning Commission also previously approved a Hillside R- 1 Permit relating to view preservation, the location and height of an accessory structure, and a wall in the front yard setback area. The proposed project revisions do not result in any changes to these components or approvals. This project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City of Beverly Hifis 455 N. Rexford Drive Beverly Hills, California p (310) f(310) BeverlyHills.org

12 environmental regulations of the City. The project appears to qualify for a Class 1 Categorical Exemption (15301(e)). This exemption is applicable to projects that consist of minor additions to existing structures, and the Planning Commission will consider finding that the project will not have a significant environmental impact and is exempt from the provisions of CEQA. Any interested person may attend the meeting and be heard or present written comments to the Commission. According to Government Code Section 65009, if you challenge the Commission s action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City, either at or prior to the public hearing. If there are any questions regarding this notice, please contact Andre Sahakian, AICP, Senior Planner in the Planning Division at (310) , or by at asahakian@beverlyhffls.org. Copies of the project plans and associated application materials are on file in the Community Development Department, and can be reviewed by any interested person at 455 North Rexford Drive, Beverly Hills, CA Sincerely: Anan,AICP, Senior Planner Mailed: februa 27,

13 ierly Planning Commission Report 1146 Tower Road Match 9, 2017 Attachment C April 9, 2015 Planning Commission Staff Report (Without Attachments)

14 Planning Commission Report çbevrlyrly 455 N. Rexford Drive Beverly Hills, CA TEL (310) FAX. (310) Hillside R-1 Permit height, and to allow a solid wall/gate with a height of 6 in the front yard setback on PROJ ECT APPLICANT: Dominic Filosa 1. Conduct a public hearing and receive testimony on the Project; 2. Adopt the attached resolution conditionally approving a Hillside R-1 Permit REPORT SUMMARY A request has been made for a Hillside R-1 Permit to allow additions to an existing single-family home at 1146 Tower Road resulting in cumulative floor area exceeding 15,000 square feet. The project also in height, and new decorative elements to an existing wall in the front setback. This report provides a on the analysis, the recommendation in this report is for project approval. Attachment(s): A. Required Findings B. Public Notice C. Draft Resolution D. Architectural Plans Report Author and Contact Information: Andre Sahakian (310) asphakigntbeverlyhiiis.prg detailed description of the project and provides analysis on key issues relating to the findings for the properties, the scale and massing of the proposed additions, and how the project would affect the determination was made that no substantial view impacts would occur as a result of this project. Based consists of new roof and decorative elements to an existing gate house that would cause it to exceed 14 neighboring properties, and based on this analysis, site visits, and discussions with neighbors, a requested entitlements. Specifically, this report highlights considerations for privacy of neighboring streetscape along Tower Road. Analysis was also conducted regarding potential view impacts to Recommendation: That the Planning Commission: the property located at 1146 Tower Road. square feet, allow an accessory structure within the front yard to exceed 14 in Subject: 1146 Tower Road Request for a Hillside R-1 Permit to allow cumulative floor area exceeding 15,000 Meeting Date: April 9, 2015 Planning Division Beverly Hills

15 Planning Commission Report April 9, Tower Road Page 2 of 8 BACKGROUND File Date 11/4/2014 Application Complete 12/4/2014 Subdivision Deadline N/A CEQA Deadline 60 days from CEQA Determination CEQA Determination Categorical Exemption Permit Streamlining 5/1/2015 Applicant(s) Owner(s) Representative(s) Prior PC Action Prior Council Action CHC Review Dominic Filosa Timothy Corrigan Dominic Filosa None None None PROPERTY AND NEIGHBORHOOD SETTING Property Information Address 1146 Tower Road Assessor s Parcel No Zoning District R-1.X General Plan One-Family Residential Existing Land Use(s) One-Family Residential Lot Dimensions & Area Irregular Lot approximately 77,625 square feet (1.7$ acres) Year Built 1927 Historic Resource Ineligible per Director s Determination. Protected Trees/Grove None. Adjacent Zoning and Land Uses North R-1.X Single Family Residential East R-1.X Single Family Residential South R-1.X Single Family Residential West R-1.X Single Family Residential Circulation and Parking Adjacent Street(s) Traffic Volume Adjacent Alleys Parkways & Sidewalks Tower Lane to the northwest, Tower Road to the west, San Ysidro Drive to the east, Benedict Canyon Drive to the south Tower Road: Unknown Benedict Canyon Drive: 11,030 average daily volume None Tower Road: 30 total right of way with 22 street width and varying parkway widths.

16 The subject property is located in the Hillside Area of the City at the peak of a narrow hill formed by The subject property fronts on a sharp curvature of Tower Road, and consists of a large lot that is Neighborhood Character respectively, of the subject property. It is completely bordered by single-family residential properties. slopes reaching uphill from Tower Road and San Ysidro Drive, located to the east and west, Page 3 of $ Praperty LInes LEGEND property are typically one- and two-story structures on regularly and irregularly shaped hillside lots. moderately high traffic volumes. Angeles. Tower Road is accessed from Benedict Canyon Drive, which is a busy travel corridor with Tower Road is a single lane residential Street that continues past the City s northern boundary into Los approximately 1.5 to 3 times larger than the abutting lots. Existing homes in the vicinity of the subject 1146 Tower Road Planning Commission Report April 9, 2015

17 Planning Commission Report April 9, Tower Road Page 4 of 8 Project Site Street Frontage PROJECT DESCRIPTION The proposed project involves additions to an existing single-family residence, minor architectural improvements to an existing accessory structure, and enclosing the open portions of an existing wall/gate that are currently open to public view, located in the front yard of the property. The site contains an existing single-family residence consisting of two stories and a basement. The additions consist of expansion to an existing bedroom and addition of a new bedroom on the west wing of the main house, as well as a new, attached two-story pool house below the basement level on the east wing of the main house. The additions would result in 4,470 square feet of additional cumulative floor area, bringing the total cumulative floor area on the property to approximately 19,463 square feet. The project also includes ornamental changes to the roof of the gate house located near the front property line, which would increase the existing height of 14 -l to 15-2, an increase in height of 1,-i. Additionally, the project consists of modifying the existing 6 tall wall/gate at the front property line into a solid wall that is not open to public view. Required Entitlements. As proposed, the project requires the following entitlements: Hillside R-1 Permit o BHMC f B) requires a Hillside R-1 Permit for projects in the Hillside Area of the City that result in a cumulative floor area over 15,000 square feet. o BHMC allows accessory structures located in a yard area to exceed 14 in height if the second story meets the side setback requirements through the issuance of a Hillside R-1 permit. o BHMC (C)1 requires a Hillside R-1 Permit to allow solid walls/gates with a height of 6 to encroach into the front yard setback without meeting the requirement that a portion of the wall be open to public view.

18 500 Planning Commission Report April 9, Tower Road Page 5 of 8 GENERAL PLAN1 POLICIES The General Plan includes numerous goals and policies intended to help guide development in the City. Some policies relevant to the Planning Commission s review of the project include: Policy LU 2.3 Hillside Development. Maintain the natural landforms that define the City and require that development on hillsides and in canyon areas be located, designed, and scaled to respect the natural topography and landscape. Policy LU 2.4 Architectural and Site Design. Require that new construction and renovation of existing buildings and properties exhibit a high level of excellence in site planning, architectural design, building materials, use of sustainable design and construction practices, landscaping, and amenities that contribute to the City s distinctive image and complement existing development. Policy LU 5.1 Neighborhood Conservation. Maintain the uses, densities, character, amenities, and quality of the City s residential neighborhoods, recognizing their contribution to the City s identity, economic value, and quality of life. Policy LU 6.2 Housing Character and Design. Require that new, renovated, and additions to housing be located and designed to maintain the distinguishing characteristics and qualities of the neighborhoods in which they are located, including prevailing lot sizes, building form, scale, massing, relationship to Street frontages, architectural design, landscaping, property setbacks, and other comparable elements. PUBLIC OUTREACH AND NOTIFICATION Type of Notice Requited Requited Notice Actual Notice Date Actual Period Period Date Posted Notice (agenda) N/A N/A 3/19/ Days Newspaper Notice N/A N/A N/A N/A Mailed Notice (Owners & 10 Days 3/31/2014 3/20/ Days Occupants - Radius) Property Posting 10 Days 3/31/2014 3/17/ Days Website N/A N/A 4/2/ Days Public Comment Staff received inquiries from neighboring property owners regarding the size of the proposed additions and potential construction-period impacts. Staff discussed the project and potential view impacts with two neighboring property owners uphill from the subject property. Staff met with neighbors on one of these properties and had a telephone conversation with another property owner to assess potential view impacts. The two neighboring property owners expressed no concern about view impacts resulting from the project. There was general concern from neighbors regarding construction vehicle parking and traffic, and as a result, staff has included conditions of approval in the draft resolution to address these concerns. 1 Available online at division/general DIan/genDlan.as

19 Planning Commission Report April 9, 2015 ll46tower Road Page 6 of 2 ENVIRONMENTAL ASSESSMENT The subject project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The project qualifies for a categorical exemption pursuant to Section (Class 1(e)) of the Guidelines. Specifically, the proposed project involves an addition to an existing residential structure, and is therefore exempt from further review under the provisions of CEQA. ANALYSIS In reviewing the requested entitlements, the Commission may wish to consider the following information as it relates to the project and required findings. Scale, Mass, and Privacy. The subject property is 1.78 acres, located in the Hillside Area of the City, and is surrounded by two-story single family homes with property sizes ranging from 0.3 to 1.2 acres along Tower Road and San Ysidro Drive. The proposed project consists of adding floor area to the existing single-family residence. On the west side of the property, there will be an addition of approximately 2,077 square feet to accommodate an additional guest bedroom. This addition will be made to the main level as well as the level below, over the slope, and will not increase the total height of the existing building. There will also be an addition of an approximately 2,003 square foot pool house on the east wing of the residence. This addition will be made to the basement level and the level below over the slope, and will also not increase the total height of the building. The subject site is substantially larger than nearby lots, and is uphill from most of Tower Road and all of San Ysidro Drive. As a result, the proposed additions would be substantially screened from view from the public street. Additionally, there is a significant amount of mature landscaping, including tall trees that screen the main residence from nearby properties and from the street. The existing residence currently has 14,993 square feet of cumulative floor area; the proposed project would increase that amount to a total of approximately 19,463 square feet. Almost all of the additions are above grade, with an 81 square foot portion considered basement area below grade. While some portions of the additions will be visible from nearby properties, they are within the required side yard setbacks, and existing landscaping along the side setbacks will substantially screen the structures from neighboring properties and will not create direct views into neighboring properties. Streetscape Considerations. The proposed project includes two components that may potentially affect the streetscape along Tower Road. These include the proposed increase in height to the existing gate house and the proposal to modify the existing wall/gate into a solid wall/gate that is not open to public view. The proposed changes to the gate house are intended to make the gate house more consistent with the architectural style of the main residence. Such additions would result in an increase in height of 1 -l. The increase primarily results from the addition of an ornamental element to the top of the existing gate house structure, and as such, the volume of the gate house will not increase. This slight increase in height will not result in a perceivable change to the streetscape, and thus will not result in adverse impacts to the streetscape. The request to change the existing wall/gate to a solid wall/gate that is not open to public view may result in a less welcoming appearance from the street; however, the 19 length of the gate that is proposed to be solid along the street frontage is relatively short and is flanked on either side by the gate house and

20 preserve views of the Los Angeles basin from the Hillside Area of the City. These provisions require a existing landscaping. The proposed gate design is not significantly different than the existing gate design, and would be compatible with the design of the existing gate house and residence. View Preservation. The Beverly Hills Municipal Code includes provisions that are intended to proposed new wall/gate. Thus, the proposed 6 tall solid wall/gate will not have a substantial adverse impact on the scale and massing of the streetscape or the garden quality of the city. Therefore, staff recommends conditional approval of the Hillside R-1 Permit with respect to the solid wall/gate with a height of 6 in the front yard setback. structures on the property. The existing landscaping will also remain unchanged as a result of the the result of the addition of ornamental features intended to maintain a consistent architectural character of the area, on the privacy of neighboring properties, on the neighbors access to light and more massive or out of scale with the streetscape. For these reasons, the improvements to the gate house structure in the front setback will not result in substantial adverse impacts to the scale or once the project is completed. The existing residence currently has a cumulative floor area of 14,993 over 15,000 square feet. square feet, which is within the allowable floor area for the site, which will be 18,391 square feet square feet, and the proposed project would result in a cumulative floor area of 19,463 square feet. recommends conditional approval of the Hillside R-1 Permit with respect to cumulative floor area streetscape, nor will it result in privacy impacts to neighboring properties. Therefore, staff increase will not result in a substantial adverse impact to the scale, mass, or integrity of the that there would be no substantial disruption to any views from neighboring properties per the the view preservation diagrams provided by the applicants, which indicate the properties that are properties. Additionally, staff visited a neighboring uphill property to determine if any existing views portion of the building in excess of 14 would disrupt a view of the Los Angeles basin from the level neighboring property, and talking with neighbors uphill from the subject property, staff determined not required for view preservation. Planning Commission Report April 9, lower Road Page 7 of 8 Hillside R-1 Permit to allow any structures to be constructed to a height in excess of 14 if the pad of a property within 300 of the subject property. As part of the project review, staff analyzed uphill from the subject property and the associated view lines from the level pads of those would be substantially affected by the proposed additions. After reviewing the plans, visiting the provisions of the view preservation standards set forth in the BHMC. Thus, a Hillside R-1 Permit is Staff Recommendations. The proposed project s floor area without basements would be 17,618 Taking into account the size of the subject property, the significant front yard setback, compliance with the required side yard setbacks, and existing mature landscaping throughout the property, this The request to increase the height of the existing gate house by 1,4 to a total height of 15-2 is design between the accessory structure and the main house. The gate house is not large enough to be used as a livable area and the ornamental additions will not make the existing structure appear air, or on the streetscape. Therefore, staff recommends conditional approval of the Hillside R-1 Permit with respect to the accessory structure within the front yard to exceed 14 in height. The changes that are proposed to the existing wall/gate in the front yard adjacent to the gate house will not result in increased height, and the design will be compatible with the existing gate and the

21 Planning Commission Report April 9, Tower Road Page $ of 8 Potential Pros and Cons. A summary of the potential pros and cons identified by staff and discussed above in this report are summarized below for consideration by the Planning Commission: Potential Pros Potential Cons Proposed additions to main residence will Solid wall/gate may be perceived as not be visible from the street less welcoming Proposed additions comply with all While existing landscaping provides setback requirements and do not result in screening, it is possible that some increased height to the main residence landscaping could be removed in the Existing mature landscaping screens future majority of proposed additions from neighboring properties Resulting project will not be perceived as massive due to distance from the front property line and relative size of the property. NEXT STEPS It is recommended that the Planning Commission conduct the public hearing and adopt a resolution conditionally approving a Hillside R-1 Permit for cumulative floor area in excess of 15,000 square feet, an accessory structure within the front yard to exceed 14 in height, and construction of a wall within the front yard setback. Alternatively, the Planning Commission may consider the following actions: 1. Deny the project, or portions of the project, based on specific findings. 2. Direct staff or applicant as appropriate and continue the hearing to a date (un)certain, consistent with permit processing timelines. Report Reviewed By: Anaian, Associate Planner

22 Attachment D April 23, 2015 Planning Commission Staff Report (Without Attachments) Planning Commission Report 1146 Tower Road March 9, 2017

23 BEVERLY HILLS Beverly Hills Planning Division 455 N. Rrctord DUn kwrty Nfl, CA TEL 1310) FAX.(310) Planning Commission Report Meeting Date: Subject: April 23, Tower Road Hillside R-1 Permit Request for a Hillside R-1 Permit to allow cumulative floor area exceeding 15,000 square feet; allow an accessory structure within the front yard to exceed 14 in height; and to allow a solid wall/gate with a height of 6 In the front yard setback on the property located at 1146 Tower Road. PROJECT APPLICANT: Dominic Filosa Recommendation: That the Planning Commission: 1. Conduct a public hearing and receive testimony on the Project; 2. Adopt the attached resolution conditionally approving a Hillside Ri Permit REPORT SUMMARY A request has been made for a Hillside R-1 Permit to allow additions to an existing single-family home at 1146 Tower Road resulting in cumulative floor area exceeding 15,000 square feet. The project also consists of new roof and decorative elements to an existing gate house that would cause it to exceed 14 in height, and new decorative elements to an existing wall In the front setback. The proposed additions consist of an expansion to an existing bedroom and addition of a new bedroom to the west wing of the main house, as well as a new, attached two-story pool house below the basement level on the east wing of the main house. Other minor additions include storage on the second floor, enclosing a breezeway, and enclosing garage basement stairs below grade. The Planning Commission conducted a public hearing on the project on April 9, 2015, at which the Commission heard public testimony and the public hearing was closed. The Planning Commission directed staff to return at the April 23, 2015 PlannIng Commission meeting with a resolution conditionally approving a Hillside R-1 Permit for the increased height for the gate house, enclosure of the open sections of the gate, the bedroom additions on the west side of the property, and the other minor additions. The pool house addition on the east side of the property was not supported by the Planning Commission, and staff was directed to draft the resolution denying that portion of the project. Attachment(s): A. Revised Draft Resolution Report Author and Contact Information: Andre sahaklan (310) asahaklanm bevedvhlils,org

24 Planning Commission Report: April 23, Tower Road Page 2 of 2 NE STEPS It is recommended that the Planning Commission adopt a resolution conditionally approving a Hillside R 1 Permit for cumulative floor area in excess of 15,000 square feet, an accessory structure within the front yard to exceed 14 in height, and construction of a wall within the front yard setback. Report Reviewed By: Michele McGrath, Principal Planner

25 Planning Commission Report 1146 Tower Road March 9, 2017 Attachment E Planning Commission Resolution No (Original Project Approval)

26 A HILLSIDE R-1 PERMIT TO ALLOW CUMULATIVE FLOOR CITY OF BEVERLY HILLS CONDITIONALLY APPROViNG A RESOLUTION OF THE PLANNiNG COMMISSION OF THE of a new bedroom to the west wing of the main house totaling 2,077 square feet, as well as a originally proposed, the additions consisted of an expansion to an existing bedroom and addition contains an existing single-family residence consisting of two stories and a basement. As of the open portions of an existing wall/gate located in the front yard of the property. The site residence, the addition of ornamental improvements to an accessory structure, and the enclosure Section 2. The Project consists of additions to an existing single-family pursuant to the issuance of a Hillside R-1 Permit. standards, and therefore requires entitlements that can be granted by the Planning Commission Hillside Area of the City (the Project ). The Project does not meet all by-right development additions to an existing single-family home on the property located at 1146 Tower Road in the Applicant ), has submitted an application for a Hillside R-l Permit to allow the construction of Section 1. Dominic Filosa, representative of Timothy Corrigan (the determines as follows: The Planning Commission of the City of Beverly Hills hereby finds, resolves, and FOR ADDITIONS TO THE WEST WING OF AN EXISTING AREA TO EXCEED FIFTEEN THOUSAND SQUARE FEET RESIDENCE AND OTHER CERTAIN AREAS; ALLOW AN ACCESSORY STRUCTURE WITHIN THE FRONT YARD TO EXCEED 14 IN HEIGHT; AND TO ALLOW A SOLID WALL/GATE WITH A HEIGHT OF 6 IN THE FRONT YARD SETBACK OF THE PROPERTY LOCATED IN THE HILLSIDE AREA Of THE CITY AT 1146 TOWER ROAD. RESOLUTION NO. 1747

27 totaling 2,003 square feet. Other minor additions, including storage on the second floor, enclosing a breezeway, and enclosing garage basement stairs below grade, represented an 2 other minor additions, including storage on the second floor, enclosing a breezeway, and addition of a new bedroom to the west wing of the main house totaling 2,077 square feet and consists of those additions to the main house including an expansion to an existing bedroom and the 2,003 square foot pool house addition on the eastern slope. As a result, the project now Planning Commission meeting, the Applicant withdrew the request for a Hillside R-1 Permit for meeting. Between the April 9, 2015 Planning Commission meeting, and the April 23, 2015 components. The public hearing was closed, and the matter was continued to the April 23, 2015 addition on the eastern slope, and approving the Hillside R-1 Permit for all other project resolution denying the request for a Hillside R- 1 Permit for the 2,003 square foot pool house of the public, and considering all the facts, the Planning Commission directed staff to prepare a April 9, After conducting a site visit, hearing testimony from the applicants and members 6. The Planning Commission first considered the originally proposed project at its meeting on the front property line into a solid wail/gate that is not open to public view for its full height of Additionally, the project as originally proposed consisted of changing the existing wall/gate at the existing height of 14 -l to 15-2, representing an increase in height of approximately 1,-i,,. changes to the roof of the gate house located near the front property line, which would increase have been 17,618 square feet of floor area. The project as originally proposed also included the property to approximately 19,463 square feet. The project s above-grade floor area would addition of 4,470 square feet of cumulative floor area, bringing the total cumulative floor area on additional 390 square feet. In total, the project as originally proposed, would have resulted in the new, attached two-story pooi house below the basement level on the east wing of the main house

28 total, the project now results in the addition of 2,467 square feet of cumulative floor area, bringing the total cumulative floor area on the property to approximately 17,460 square feet. The 3 hearing. Evidence, both written and oral, was presented at the meeting. On April 9, 2015 the Planning Commission considered the application at a duly noticed public 2015 to all property owners and residential occupants within a 500-foot radius of the property. Section 4. Notice of the Project and public hearing was mulled on March 20, review under the provisions of CEQA. determined not to have a significant environmental impact and is therefore exempt from further proposed project involves an addition to an existing residential structure. The project has been categorical exemption pursuant to Section (Class 1(e)) of the Guidelines. Specifically, the 15000, et seq.), and the environmental regulations of the City. The project qualifies for a et seq.( CEQA ), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, Section 3. The Project has been environmentally reviewed pursuant to the height of 6. wall/gate at the front property line into a solid wall/gate that is not open to public view for its full approximately 1 -i. Additionally, the project still also consists of changing the existing would increase the existing height of 14 -l to 15-2, representing an increase in height of also includes changes to the roof of the gate house located near the front property line, which project s above-grade floor area now consists of 15,615 square feet of floor area. The project still enclosing garage basement stairs below grade, representing an additional 390 square feet. In

29 Section 5. In reviewing the request for a Hillside R-1 permit to allow cumulative floor area to exceed fifteen thousand square feet, the Planning Commission considered whether it could make the following findings in support of the Project: 1. The floor area formula set forth in Beverly Hills Municipal Code section l b would so permit; 2. The development will not have a substantial adverse impact on the scale, integrity, or character of the area; and 3. The development will not have a substantial adverse impact on the privacy of neighboring properties, Section 6. Based on the foregoing, the Planning Commission hereby finds and determines as follows with respect to the Hillside R-l permit to allow cumulative floor area to exceed fifteen thousand square feet: I. The subject property is allowed a maximum floor area of 12,391 square feet. The proposed project would have a floor area of 15,615 square feet. Thus, the proposed project complies with the floor area requirements set forth by the Beverly Hills Municipal Code. 2. While the proposed residence would have a cumulative floor area of 17,460 square feet including basement area, the size of the property is relatively large compared with properties in the area. The proposed additions to the bedroom on the west side of the existing building, the addition to the second floor storage, enclosure of the breezeway, and enclosure of the garage are substantially set back 4

30 and are substantially screened with mature landscaping. Therefore, the development of these project components will not have a substantial adverse 5 privacy of neighboring properties; 2. That the structure will not have a substantial adverse impact on the scale or character of the area, 1. That the structure will not have a substantial adverse impact on the Commission considered whether it could make the following findings in support ofthe Project: accessory structure located in a yard area to exceed fourteen feet (14 ) in height, the Planning Section 7. In reviewing the request for a Hillside R-l Permit to allow an result in substantial adverse impacts on the privacy of neighboring properties. of the breezeway, and enclosure of the garage basement stairs below grade will not west side of the property, as well as the second floor storage additions, enclosure new views into adjacent properties. Thus, the proposed bedroom additions on the basement stairs below grade are minor in size and their locations will not provide the second floor storage, enclosure of the breezeway, and enclosure of the garage any direct views into neighboring properties to the west. The proposed additions to substantially above the adjacent property to the west. These conditions will prevent screened by mature landscaping, and due to the topography of the area, are located 3. The proposed additions on the west side of the subject property are impact on the scale, integrity, or character of the area. from the front property line, comply with the minimum side yard requirements,

31 4. That the structure will not have a substantial adverse impact on the neighbors access to light and air; and adverse impact neighbors access to light and air. shadows on neighboring properties. Thus, the structure will not have a substantial not located close enough to any other nearby properties such that it would cast any on the privacy of neighboring properties. properties. For these reasons, the structure will not have a substantial adverse impact total height of 15-2, a height that will not allow any views into neighboring not a substantially habitable area. The proposed increase in height would result in a area. structure will not have a substantial adverse impact on the scale or character of the due to architectural features and not an increase to the volume of the structure, the house is existing, the height increase of 1,-i,, is nominal, and the increase in height is nature and will not result in any change to the volume of the structure. Since the gate located in a yard area to exceed fourteen feet (14 ) in height: and determines as follows with respect to the Hillside R-1 Permit to allow an accessory structure Section 8. Based on the foregoing, the Planning Commission hereby finds sfreetscape. 3. That the structure will not have a substantial adverse impact on the 1. The proposed changes to the existing gate house are ornamental in 2. The existing gate house contains 40 square feet of floor area, and is 3. The proposed gate house will have a total height of 15-2, and is 6

32 design that is more compatible with the main house, and will not result in a is fully visible from the street. The proposed changes will result in an architectural be compatible with the existing gate and the structures on the property. The existing adjacent to the gate house will not result in an increase in height, and the design will portion ofthe wall/gate be open to public view: a height of 6 to encroach into the front yard setback without meeting the requirement that a and determines as follows with respect to the Hillside R-l Permit to allow solid walls/gates with Section 10. Based on the foregoing, the Planning Commission hereby finds garden quality of the city. scale and massing of the streetscape; and considered whether it could make the following findings in support of the Project: requirement that a portion of the wall/gate be open to public view, the Planning Commission walls/gates with a height of 6 to encroach into the front yard setback without meeting the Section 9. In reviewing the request for a Hillside R-1 Permit to allow solid substantial adverse impact on the streetscape. the front property line is to remain in place. Thus, the structure will not have a significant increase in height. Existing landscaping around the gate house and along 4. The existing gate house is located along the front property line and 1. That the wall/gate will not have a substantial adverse impact on the 2. That the wall/gate will not have a substantial adverse impact on the 1. The proposed changes to the existing wall/gate in the front yard 7

33 Thus, the proposed 6 tall solid wall/gate will not have a substantial adverse impact on the scale and massing of the sfreetscape. 2. The proposed changes to the existing wall/gate in the front yard 1. This approval shall only apply to the proposed bedroom addition 2. The subject property shall not exceed a total cumulative floor area 3. All construction-related parking shall be accommodated on-site or $ Construction Management and Parking Plan. No construction-related parking shall Development or Ms/her designee and shall be in accordance with the approved at an off-site designated parking location approved by the Director of Community of 17,460 square feet. which has been withdrawn. proposed 2,003 square foot pooi house addition on the east side of the property, garage basement stairs below grade. This approval shall not include the previously area, the proposed enclosure of the breezeway, and the proposed enclosure of the on the west side of the property, the proposed addition to the second floor storage the requested Hillside R-l Permit subject to the following conditions: Section 11. Based on the foregoing, the Planning Commission hereby grants have a substantial adverse impact on the garden quality of the City. been visible with the existing gate. Thus, the proposed 6 tall solid wall/gate will not landscaping, and will not substantially block views of vegetation that would have adjacent to the gate house will not result in the removal of any vegetation or landscaping will also remain unchanged as a result of the proposed new wall/gate.

34 accordance with the approved construction management and parking plan. and Tower Lane. Material deliveries and food service vehicles shall park on-site in 9 the Planning Commission at its meeting of April 23, Minor amendments to the the property in substantial conformance with the plans submitted to and approved by 8. The applicant shall construct and maintain the improvements on box size of 36 to provide screening and privacy to neighboring properties. the property, two replacement trees shall be planted on the property with a minimum removed on the property to accommodate the bedroom addition on the west side of approved by the Planning Commission on April 23, In addition, for every tree 7. Landscaping shall be provided as shown on the landscape plan adjacent single-family residents. equipment, the applicant shall design staging areas to be as far as possible from construction equipment and to minimize off-site transportation of heavy construction 6. Staging Area. To reduce noise levels associated with idling materials shall occur outside the hours of 10:00am to 2:00pm. 5. No heavy hauling trips or deliveries of construction-related deliveries. Residents and visitors shall be granted priority access at all times. 10:00am to 2:00pm during heavy hauling activities and construction-related construction vehicle trips. All flagmen shall be radio-equipped and on-duty from pedestrians during all construction material deliveries, hauling truck trips, or large necessary to manage traffic flow and ensure safety of residents, visitors, and 4. Flagmen shall be stationed along Tower Road and Tower Lane as be permitted on nearby residential streets, including without limitation Tower Road

35 Review. significant change to the approved Project shall be subject to Planning Commission 10 City, the Applicant shall also provide the City with all fees necessary to record the Commission decision. At the time that the Applicant delivers the covenant to the the Department of Community Development within 60 days of the Planning of the resolution as an exhibit. The Applicant shall deliver the executed covenant to conditions of approval set forth in this resolution. The covenant shall include a copy covenant, satisfactory in form and content to the City Attorney, accepting the Permit shall not become effective until the owner of the Project site records a 12. RECORDATION. The resolution approving the Hillside R-1 within ten (10) days of the Planning Commission Action. An appeal fee is required. the City Clerk s office. Decisions involving subdivision maps must be appealed action by filing a written appeal with the City Clerk. Appeal forms are available in appealed to the City Council within fourteen (14) days of the Planning Commission 11. APPEAL. Decisions of the Planning Commission may be Policies is required prior to the issuance of a building permit. plan check. Compliance with all applicable Municipal Code and General Plan subject to a complete Code Compliance review when building plans are submitted for regulations, except as may be expressly modified herein. Project plans shall be 10. Project Plans are subject to compliance with all applicable zoning with the land and shall remain in full force for the duration ofthe life ofthe Project. 9. APPROVAL RUNS WITH LAND. These conditions shall run plans shall be subject to approval by the Director of Community Development. A

36 covenant within the required 60 days, this resolution approving the Project shall be null and void and of no further effect. Notwithstanding the foregoing, the Director of 11 conditions of approval may result in termination of the entitlements granted herein. 14. VIOLATION Of CONDITIONS: A violation of any of these shall be commenced within three (3) years after the adoption of such resolution. 13. EXPIRATION. The exercise of rights granted in such approval the Project. have been no substantial changes to any federal, state, or local law that would affect the 60 day time limit if, at the time of the request, the Director determines that there Community Development may, upon a request by the Applicant, grant a waiver from document with the County Recorder. If the Applicant fails to deliver the executed

37 Certification to be entered in the Book of Resolutions of the Planning Commission of the City. passage, approval, and adoption of this resolution, and shall cause this resolution and his/her 12 Assistant City Attorney Cit4ianner David M. Snow RyaV9hlich Approved as to form: Approved as to content: City Planner RGofflich $eç - - Attest: Chair of the Planning Commission of the City of Beverly Hills, California Hward S. Fisher Adopted: Apr11 23, 2015 Section 12. The Secretary of the Planning Commission shall certify to the

38 STATh Of CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF BEVERLY HILLS ) I, RYAN GOHLICH, Secretary of the Planning Commission and City Planner of the City of Beverly Hills, California, do hereby certify that the foregoing is a true and correct copy of Resolution No duly passed, approved and adopted by the Planning Commission of said City at a meeting of said Commission on April 23, 2015, and thereafter duly signed by the Secretary of the Planning Commission, as indicated; and that the Planning Commission of the City consists of five (5) members and said Resolution was passed by the following vote of said Commission, to wit: AYES: NOES: ABSTAiN: ABSENT: Commissioners Gordon, Shooshani, Vice Chair Block, Chair Fisher. None. None. Commissioner Corman. Secretary oft e Planning Commission / City Planner City of Beverly Hills, California

39 crly Planning Commission Report I 146 Tower Road March 9, 2017 Attachment F Draft Resolution for Project Revisions (Redline)

40 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BEVERLY HILLS CONDITIONALLY APPROVING A HILLSIDE R-1 PERMIT TO ALLOW CUMULATIVE FLOOR AREA TO EXCEED FIFTEEN THOUSAND SQUARE FEET FOR ADDITIONS TO THE WEST WING OF AN EXISTING RESIDENCE AND OTHER CERTAIN AREASA NEW POOL RESTROOM AND STORAGE STRUCTURE; ALLOW AN ACCESSORY STRUCTURE WITHIN THE FRONT YARD TO EXCEED 14 IN HEIGHT; AND TO ALLOW A SOLID WALL/GATE WITH A HEIGHT OF 6 IN THE FRONT YARD SETBACK OF THE PROPERTY LOCATED IN THE HILLSIDE AREA OF THE CITY AT 1146 TOWER ROAD. determines as follows: The Planning Commission of the City of Beverly Hills hereby finds, resolves, and Section 1. Dominic FilosaAhmet Aiptekin, representative of Timothy Corrigani 146 Tower Road Limited (the Applicant ), has submitted an application for a Hillside R-1 Permit to allow the construction of additions to an existing single-family home on the property located at 1146 Tower Road in the Hillside Area of the City (the Project ). The Project does not meet all by-right development standards, and therefore requires entitlements that can be granted by the Planning Commission pursuant to the issuance of a Hillside R-l Permit. Section 2. The Planning Commission, at its meeting on April 23, 2015, adopted Resolution No conditionally approving a Hillside R-1 Permit to allow The Project consists ef-additions to an existing single-family residence, the addition of ornamental improvements to an accessory structure, and the enclosure of the open portions of an existing wall/gate located in the front yard of the property. The site contains an existing single-family residence consisting of two

41 stories and a basement. The previously approved additions consist of an expansion to an existing bedroom and addition of a new bedroom to the west wing of the main house totaling 2,077 square feet, as well as a new, attached two story pool house below the basement level on the east wing of the main house totaling 2,003 square feet. Oother minor additions, including storage on the second floor, enclosing a breezeway, and enclosing garage basement stairs below grade, representjg an additional 390 square feet. In total, the previously approved project would have result in the addition of 4,4702,467 square feet of cumulative floor area, bringing the total cumulative floor area on the property to approximately 19,46317,460 square feet. The previously approved project s above-grade floor area would have been 17,61815,615 square feet of floor area. The previously approved project also include changes to the roof of the gate house located near the front property line, which would increase the existing height of 14-1 to 15-2, representing an increase in height of approximately 1,-i,. Additionally, the previously approved project consist4 of changing the existing wall/gate at the front property line into a solid wall that is not open to public view for its full height of 6. The Planning Commission first considered the originally proposed project at its meeting on April 9, After conducting a site visit, hearing testimony from the applicants and members of the public, and considering all the facts, the Planning Commission directed staff to prepare a resolution denying the request for a Hillside R 1 Permit for the 2,003 square foot pooi house addition on the eastern slope, and approving the Hillside R 1 Permit for all other project components. The public hearing was closed, and the matter was continued to the April 23, 2015 meeting. Between the April 9, 2014 Planning Commission meeting, and the April 23, 2015 Planning Commission meeting, the Applicant withdrew the request for a Hillside R 1 Permit for the 2,003 square foot pool house addition on the eastern slope. As a result, the project now consists of those additions to the main house including an expansion 2

42 to an existing bedroom and addition of a new bedroom to the west wing of the main house totaling 2,077 square feet and other minor additions, including storage on the second floor, enclosing a breezeway, and enclosing garage basement stairs below grade, representing an additional 390 square feet. In total, the project now results in the addition of 2,467 square feet of cumulative floor area, bringing the total cumulative floor area on the property to approximately 17,460 square feet. The project s above grade floor area now consists of 15,615 square feet of floor area.the Applicant subsequently submitted revisions to the approved project resulting in removal of the bedroom additions to the west wing of the residence, and instead distributing the additional floor area to include an expanded basement connection between the main residence basement and the basement below the on-grade garage additions to the south elevation of the residence facing the rear of the property on the first and second floors and the addition of a 120 square foot restroom and storage structure near the pool on the eastern side of the property. The proposed revisions would result in a total cumulative floor area of square feet, which is six square feet less than the previously approved project. The revised project still also includes changes to the roof of the gate house located near the front property line, which would increase the existing height of 14 -l to 15-2, representing an increase in height of approximately 1,-i,. Additionally, the revised project still also consists of changing the existing wall/gate at the front property line into a solid wall/gate that is not open to public view for its full height of 6. Section 3. The Project has been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq.( CEQA ), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.), and the environmental regulations of the City. The project qualifies for a 3

43 categorical exemption pursuant to Section (Class 1(e)) of the Guidelines. Specifically, the proposed project involves an addition to an existing residential structure. The project has been determined not to have a significant environmental impact and is therefore exempt from further review under the provisions of CEQA. Section 4. Notice of the Project and public hearing was mailed on March 20, 201 5February 27, 2017 to all property owners and residential occupants within a 500-foot radius of the property. On April 9, 201 5March the Planning Commission considered the application at a duly noticed public hearing. Evidence, both written and oral, was presented at the meeting. Section 5. In reviewing the request for a Hillside R-1 permit to allow cumulative floor area to exceed fifteen thousand square feet, the Planning Commission considered whether it could make the following findings in support of the Project: 1. The floor area formula set forth in Beverly Hills Municipal Code section B would so permit; 2. The development will not have a substantial adverse impact on the scale, integrity, or character of the area; and 3. The development will not have a substantial adverse impact on the privacy of neighboring properties, 4

44 Section 6. Based on the foregoing, the Planning Commission hereby finds and determines as follows with respect to the Hillside R-1 permit to allow cumulative floor area to exceed fifteen thousand square feet: 1. The subject property is allowed a maximum floor area of 18,391 square feet. The proposed project would have a floor area of 15,615 4jsquare feet. Thus, the proposed project complies with the floor area requirements set forth by the Beverly Hills Municipal Code. 2. While the proposed residence would have a cumulative floor area of 19,46317,454 square feet including basement area, the size of the property is relatively large compared with properties in the area. The proposed additions to the bedroom on the west side of the existing buildingbasement, the addition to the second floor storage, enclosure of the breezeway, and enclosure of the garagesouth elevation, and the new pool restroom and storage structure are substantially set back from the front property line, comply with the minimum side yard requirements, and are substantially screened with mature landscaping. Therefore, the development of these project components will not have a substantial adverse impact on the scale, integrity, or character of the area. 3. The proposed additions to the basement will not be visible to neighboring properties, and would be completely subterranean. The proposed additions to the south elevation on the west side of the subject property are screened by mature landscaping, substantially set back from the rear property line, and due to the topography of the area, are located substantially above the adjacent property to the we&tsouth. These conditions will prevent any direct views into neighboring 5

45 properties to the westsouth. The proposed additions to the second floor storage, enclosure of the breezeway, and enclosure ofthe garage basement stairs below grade aenew pooi restroom and storage structure is minor in size, and as conditioned, will be surrounded by landscaping to prevent views directly into adjacent properties. -a+id their locations will not provide new views into adjacent properties. Thus, the proposed bedroom additions on the west side of the property, as well as the second floor storage additions, enclosure of the breezeway, and enclosure of the garage basement stairs below grade will not result in substantial adverse impacts on the privacy of neighboring properties. Section 7. In reviewing the request for a Hillside R-l Permit to allow an accessory structure located in a yard area to exceed fourteen feet (14 ) in height, the Planning Commission considered whether it could make the following findings in support of the Project: 1. That the structure will not have a substantial adverse impact on the scale or character of the area; 2. That the structure will not have a substantial adverse impact on the privacy of neighboring properties; 3. That the structure will not have a substantial adverse impact on the neighbors access to light and air; and 4. That the structure will not have a substantial adverse impact on the streetscape. 6

46 Section 8. Based on the foregoing, the Planning Commission hereby finds and determines as follows with respect to the Hillside R-l Permit to allow an accessory structure located in a yard area to exceed fourteen feet (14 ) in height: 1. The proposed changes to the existing gate house are ornamental in nature and will not result in any change to the volume of the structure. Since the gate house is existing, the height increase of 1,-i,, is nominal, and the increase in height is due to architectural features and not an increase to the volume of the structure, the structure will not have a substantial adverse impact on the scale or character of the area. 2. The existing gate house contains 40 square feet of floor area, and is not a substantially habitable area. The proposed increase in height would result in a total height of 15-2, a height that will not allow any views into neighboring properties. For these reasons, the structure will not have a substantial adverse impact on the privacy of neighboring properties. 3. The proposed gate house will have a total height of 15-2, and is not located close enough to any other nearby properties such that it would cast any shadows on neighboring properties. Thus, the structure will not have a substantial adverse impact neighbors access to light and air. 4. The existing gate house is located along the front property line and is fully visible from the street. The proposed changes will result in an architectural design that is more compatible with the main house, and will not result in a significant increase in height. Existing landscaping around the gate house and along the front property line is to remain in place. Thus, the structure will not have a substantial adverse impact on the streetscape. 7

47 Section 9. In reviewing the request for a Hillside R-1 Permit to allow solid walls/gates with a height of 6 to encroach into the front yard setback without meeting the requirement that a portion of the wall be open to public view, the Planning Commission considered whether it could make the following findings in support of the Project: 1. That the wall will not have a substantial adverse impact on the scale and massing of the streetscape; and 2. That the wall will not have a substantial adverse impact on the garden quality of the city. Section 10. Based on the foregoing, the Planning Commission hereby finds and determines as follows with respect to the Hillside R- 1 Permit to allow solid walls/gates with a height of 6 to encroach into the front yard setback without meeting the requirement that a portion of the wall be open to public view: 1. The proposed changes to the existing wall/gate in the front yard adjacent to the gate house will not result in an increase in height, and the design will be compatible with the existing gate and the structures on the property. The existing landscaping will also remain unchanged as a result of the proposed new wall/gate. Thus, the proposed 6 tall solid wall/gate will not have a substantial adverse impact on the scale and massing of the streetscape. 2. The proposed changes to the existing wall/gate in the front yard adjacent to the gate house will not result in the removal of any vegetation or landscaping, and will not substantially block views of vegetation that would have been $

48 visible with the existing gate. Thus, the proposed 6 tall solid wall/gate will not have a substantial adverse impact on the garden quality of the City. Section 11. Based on the foregoing, the Planning Commission hereby grants the requested Hillside R-l Permit subject to the following conditions: 1. The applicant shall construct and maintain the improvements on the property in substantial conformance with the plans submitted to and approved by the Planning Commission at its meeting of March 9, Minor amendments to the plans shall be subiect to approval by the Director of Community Development. A significant change to the approved Project shall be subject to Planning Commission Review.Thi& approval shall only apply to the proposed bedroom addition on the west side of the property, the proposed addition to the second floor storage area, the proposed enclosure of the breezeway, and the proposed enclosure of the garage basement stairs below grade. This approval shall not apply to the proposed pool house addition on the east side of the property. This approval shall supersede Planning Commission Resolution No The subject property shall not exceed a total cumulative floor area of 17, square feet. 3. All construction-related parking shall be accommodated on-site or at an off-site designated parking location approved by the Director of Community Development or his/her designee and shall be in accordance with the approved Construction Management and Parking Plan. No construction-related parking shall be permitted on nearby residential streets, including without limitation Tower Road and 9

49 Tower Lane. Material deliveries and food service vehicles shall park on-site in accordance with the approved construction management and parking plan. 4. Flagmen shall be stationed along Tower Road and Tower Lane as necessary to manage traffic flow and ensure safety of residents, visitors, and pedestrians during all construction material deliveries, hauling truck trips, or large construction vehicle trips. All flagmen shall be radio-equipped and on-duty from 10:00am to 2:00pm during heavy hauling activities and construction-related deliveries. Residents and visitors shall be granted priority access at all times. 5. No heavy hauling trips or deliveries of construction-related materials shall occur outside the hours of 10:00am to 2:00pm. 6. Staging Area. To reduce noise levels associated with idling construction equipment and to minimize off-site transportation of heavy construction equipment, the applicant shall design staging areas to be as far as possible from adjacent single-family residents. 7. Landscaping shall be provided as shown on the landscape plan approved by the Planning Commission on April 23, 2Ol5March 9, In addition, for every tree removed on the property to accommodate the bedroom addition pj restroom and storage structure on the west side of the property, two replacement trees shall be planted on the propertynew level pad created for the pooi restroom and storage structure with a minimum box size of 36 to provide screening and privacy to neighboring properties. Climbing vines shall also be planted at the base of the new retaining wall to be constructed to accommodate the new pooi restroom and storage structure to cover the east facing side of the wall. 10

50 & The applicant shall construct and maintain the improvements on the property in substantial conformance with the plans submitted to and approved by the Planning Commission at its meeting of April 23, Minor amendments to the plans shall be subject to approval by the Director of Community Development A significant change to the approved Project shall be subject to Planning Commission Review. 98. APPROVAL RUNS WITH LAND. These conditions shall run with the land and shall remain in full force for the duration of the life of the Project Project Plans are subject to compliance with all applicable zoning regulations, except as may be expressly modified herein. Project plans shall be subject to a complete Code Compliance review when building plans are submitted for plan check. Compliance with all applicable Municipal Code and General Plan Policies is required prior to the issuance of a building permit. 4-MO. APPEAL. Decisions of the Planning Commission may be appealed to the City Council within fourteen (14) days of the Planning Commission action by filing a written appeal with the City Clerk. Appeal forms are available in the City Clerk s office. Decisions involving subdivision maps must be appealed within ten (10) days of the Planning Commission Action. An appeal fee is required. 4-2l 1. RECORDATION. The resolution approving the Hillside R 1 Permit shall not become effective until the owner of the Project site records a covenant, satisfactory in form and content to the City Attorney, accepting the conditions of approval set forth in this resolution. The covenant shall include a copy of the resolution as an exhibit. The Applicant shall deliver the executed covenant to the Department of Community Development within 60 days of the Planning 11

51 Commission decision. At the time that the Applicant delivers the covenant to the City, with the County Recorder. If the Applicant fails to deliver the executed covenant within the required 60 days, this resolution approving the Project shall be null and void \\\ \\\ 1-3A2. EXPIRATION. The exercise of rights granted in such 12 herein. these conditions of approval may result in termination of the entitlements granted 14A3. VIOLATION OF CONDITIONS: A violation of any of resolution. approval shall be commenced within three (3) years after the adoption of such substantial changes to any federal, state, or local law that would affect the Project. time limit if, at the time of the request, the Director determines that there have been no Development may, upon a request by the Applicant, grant a waiver from the 60 day and of no further effect. Notwithstanding the foregoing, the Director of Community the Applicant shall also provide the City with all fees necessary to record the document

52 Section 12. The Secretary of the Planning Commission shall certify to the passage, approval, and adoption of this resolution, and shall cause this resolution and his/her Certification to be entered in the Book of Resolutions of the Planning Commission of the City. Adopted: March 9, 2017 Farshid Joe Shooshani Chair of the Planning Commission of the City of Beverly Hills Attest: Ryan Gohlich, AICP Secretary of the Planning Commission Approved as to form: Approved as to content: David M. Snow Assistant City Attorney Ryan Gohlich, AICP Assistant Director / City Planner Community Development Department 13

53 çierly Planning Commission Report 1146 Tower Road March 9, 2017 Attachment G Draft Resolution for Project Revisions (Clean)

54 RESOLUTION NO. A RESOLUTION Of THE PLAI\INING COMMISSION Of THE CITY Of BEVERLY HILLS CONDITIONALLY APPROVING A HILLSIDE R-1 PERMIT TO ALLOW CUMULATIVE FLOOR AREA TO EXCEED FIFTEEN THOUSAND SQUARE FEET FOR ADDITIONS TO AN EXISTING RESIDENCE AND A NEW POOL RESTROOM AND STORAGE STRUCTURE; ALLOW AN ACCESSORY STRUCTURE WITHIN THE FRONT YARD TO EXCEED 14 IN HEIGHT; AND TO ALLOW A SOLID WALL/GATE WITH A HEIGHT OF 6 IN THE FRONT YARD SETBACK Of THE PROPERTY LOCATED IN THE HILLSIDE AREA Of THE CITY AT 1146 TOWER ROAD. determines as follows: The Planning Commission of the City of Beverly Hills hereby finds, resolves, and Section 1. Ahmet Alptekin, representative of 1146 Tower Road Limited (the Applicant ), has submitted an application for a Hillside R-1 Permit to allow the construction of additions to an existing single-family home on the property located at 1146 Tower Road in the Hillside Area of the City (the Project ). The Project does not meet all by-right development standards, and therefore requires entitlements that can be granted by the Planning Commission pursuant to the issuance of a Hillside R-1 Permit. Section 2. The Planning Commission, at its meeting on April 23, 2015, adopted Resolution No conditionally approving a Hillside R-1 Permit to allow additions to an existing single-family residence, the addition of ornamental improvements to an accessory structure, and the enclosure of the open portions of an existing wall/gate located in the front yard of the property. The site contains an existing single-family residence consisting of two stories and a basement. The previously approved additions consisted of an expansion to an existing bedroom

55 and addition of a new bedroom to the west wing of the main house totaling 2,077 square feet, as well as other minor additions, including storage on the second floor, enclosing a breezeway, and enclosing garage basement stairs below grade, representing an additional 390 square feet. In total, the previously approved project would have resulted in the addition of 2,467 square feet of cumulative floor area, bringing the total cumulative floor area on the property to approximately 17,460 square feet. The previously approved project s above-grade floor area would have been 15,615 square feet of floor area. The previously approved project also included changes to the roof of the gate house located near the front property line, which would increase the existing height of 14 -l to 15-2, representing an increase in height of approximately 1,-i,,. Additionally, the previously approved project consisted of changing the existing wall/gate at the front property line into a solid wall that is not open to public view for its full height of 6. The Applicant subsequently submitted revisions to the approved project resulting in removal of the bedroom additions to the west wing of the residence, and instead distributing the additional floor area to include an expanded basement connection between the main residence basement and the basement below the on-grade garage; additions to the south elevation of the residence facing the rear of the property on the first and second floors; and the addition of a 120 square foot restroom and storage structure near the pool on the eastern side of the property. The proposed revisions would result in a total cumulative floor area of 17,545 square feet, which is six square feet less than the previously approved project. The revised project still also includes changes to the roof of the gate house located near the front property line, which would increase the existing height of 14 -l to 15-2, representing an increase in height of approximately 1,-i,,. Additionally, the revised project still also consists of changing the existing wall/gate at the front property line into a solid wall/gate that is not open to public view for its full height of 6. 2

56 Section 3. The Project has been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq.( CEQA ), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.), and the environmental regulations of the City. The project qualifies for a categorical exemption pursuant to Section (Class 1(e)) of the Guidelines. Specifically, the proposed project involves an addition to an existing residential structure. The project has been determined not to have a significant environmental impact and is therefore exempt from further review under the provisions of CEQA. Section 4. Notice of the Project and public hearing was mailed on February 27, 2017 to all property owners and residential occupants within a 500-foot radius of the property. On March 9, 2017 the Planning Commission considered the application at a duly noticed public hearing. Evidence, both written and oral, was presented at the meeting. Section 5. In reviewing the request for a Hillside R-1 permit to allow cumulative floor area to exceed fifteen thousand square feet, the Planning Commission considered whether it could make the following findings in support of the Project: 1. The floor area formula set forth in Beverly Hills Municipal Code section B would so permit; 2. The development will not have a substantial adverse impact on the scale, integrity, or character of the area; and 3

57 3. The development will not have a substantial adverse impact on the privacy of neighboring properties, Section 6. Based on the foregoing, the Planning Commission hereby finds and determines as follows with respect to the Hillside R-1 permit to allow cumulative floor area to exceed fifteen thousand square feet: 1. The subject property is allowed a maximum floor area of 18,391 square feet. The proposed project would have a floor area of 15,453 square feet. Thus, the proposed project complies with the floor area requirements set forth by the Beverly Hills Municipal Code. 2. While the proposed residence would have a cumulative floor area of 17,454 square feet including basement area, the size of the property is relatively large compared with properties in the area. The proposed additions to the basement, the additions to the south elevation, and the new pool restroom and storage structure are substantially set back from the front property line, comply with the minimum side yard requirements, and are substantially screened with mature landscaping. Therefore, the development of these project components will not have a substantial adverse impact on the scale, integrity, or character of the area. 3. The proposed additions to the basement will not be visible to neighboring properties, and would be completely subterranean. The proposed additions to the south elevation of the subject property are screened by mature landscaping, substantially set back from the rear property line, and due to the topography of the area, are located substantially above the adjacent property to the 4

58 south. These conditions will prevent any direct views into neighboring properties to the south. The proposed new pooi restroom and storage structure is minor in size, and as conditioned, will be surrounded by landscaping to prevent views directly into adjacent properties. Thus, the proposed additions will not result in substantial adverse impacts on the privacy of neighboring properties. Section 7. In reviewing the request for a Hillside R-1 Permit to allow an accessory structure located in a yard area to exceed fourteen feet (14 ) in height, the Planning Commission considered whether it could make the following findings in support of the Project: 1. That the structure will not have a substantial adverse impact on the scale or character of the area; 2. That the structure will not have a substantial adverse impact on the privacy of neighboring properties; 3. That the structure will not have a substantial adverse impact on the neighbors access to light and air; and 4. That the structure will not have a substantial adverse impact on the streetscape. Section 8. Based on the foregoing, the Planning Commission hereby finds and determines as follows with respect to the Hillside R- 1 Permit to allow an accessory structure located in a yard area to exceed fourteen feet (14 ) in height: 1. The proposed changes to the existing gate house are ornamental in nature and will not result in any change to the volume of the structure. Since the gate 5

59 house is existing, the height increase of 1,-i,, is nominal, and the increase in height is due to architectural features and not an increase to the volume of the structure, the structure will not have a substantial adverse impact on the scale or character of the area. 2. The existing gate house contains 40 square feet of floor area, and is not a substantially habitable area. The proposed increase in height would result in a total height of 15-2, a height that will not allow any views into neighboring properties. For these reasons, the structure will not have a substantial adverse impact on the privacy of neighboring properties. 3. The proposed gate house will have a total height of 15-2, and is not located close enough to any other nearby properties such that it would cast any shadows on neighboring properties. Thus, the structure will not have a substantial adverse impact neighbors access to light and air. 4. The existing gate house is located along the front property line and is fully visible from the street. The proposed changes will result in an architectural design that is more compatible with the main house, and will not result in a significant increase in height. Existing landscaping around the gate house and along the front property line is to remain in place. Thus, the structure will not have a substantial adverse impact on the streetscape. Section 9. In reviewing the request for a Hillside R-1 Permit to allow solid walls/gates with a height of 6 to encroach into the front yard setback without meeting the requirement that a portion of the wall be open to public view, the Planning Commission considered whether it could make the following findings in support of the Project: 6

60 1. That the wall will not have a substantial adverse impact on the scale and massing of the streetscape; and 2. That the wall will not have a substantial adverse impact on the garden quality of the city. Section 10. Based on the foregoing, the Planning Commission hereby finds and determines as follows with respect to the Hillside R-1 Permit to allow solid walls/gates with a height of 6 to encroach into the front yard setback without meeting the requirement that a portion of the wall be open to public view: 1. The proposed changes to the existing wall/gate in the front yard adjacent to the gate house will not result in an increase in height, and the design will be compatible with the existing gate and the structures on the property. The existing landscaping will also remain unchanged as a result of the proposed new wall/gate. Thus, the proposed 6 tall solid wall/gate will not have a substantial adverse impact on the scale and massing of the streetscape. 2. The proposed changes to the existing wall/gate in the front yard adjacent to the gate house will not result in the removal of any vegetation or landscaping, and will not substantially block views of vegetation that would have been visible with the existing gate. Thus, the proposed 6 tall solid wall/gate will not have a substantial adverse impact on the garden quality of the City. Section 11. Based on the foregoing, the Planning Commission hereby grants the requested Hillside R-1 Permit subject to the following conditions: 7

61 1. The applicant shall construct and maintain the improvements on the property in substantial conformance with the plans submitted to and approved by the Planning Commission at its meeting of March 9, Minor amendments to the plans shall be subject to approval by the Director of Community Development. A significant change to the approved Project shall be subject to Planning Commission Review. This approval shall supersede Planning Commission Resolution No The subject property shall not exceed a total cumulative floor area of 17,454 square feet. 3. All construction-related parking shall be accommodated on-site or at an off-site designated parking location approved by the Director of Community Development or his/her designee and shall be in accordance with the approved Construction Management and Parking Plan. No construction-related parking shall be permitted on nearby residential streets, including without limitation Tower Road and Tower Lane. Material deliveries and food service vehicles shall park on-site in accordance with the approved construction management and parking plan. 4. Flagmen shall be stationed along Tower Road and Tower Lane as necessary to manage traffic flow and ensure safety of residents, visitors, and pedestrians during all construction material deliveries, hauling truck trips, or large construction vehicle trips. All flagmen shall be radio-equipped and on-duty from 10:00am to 2:00pm during heavy hauling activities and construction-related deliveries. Residents and visitors shall be granted priority access at all times. 5. No heavy hauling trips or deliveries of construction-related materials shall occur outside the hours of 10:00am to 2:00pm. 8

62 6. Staging Area. To reduce noise levels associated with idling construction equipment and to minimize off-site transportation of heavy construction equipment, the applicant shall design staging areas to be as far as possible from adjacent single-family residents. 7. Landscaping shall be provided as shown on the landscape plan approved by the Planning Commission on March 9, In addition, for every tree removed on the property to accommodate the pooi restroom and storage structure on the east side of the property, two replacement trees shall be planted on the new level pad created for the pooi restroom and storage structure with a minimum box size of 36 to provide screening and privacy to neighboring properties. Climbing vines shall also be planted at the base of the new retaining wall to be constructed to accommodate the new pooi restroom and storage structure to cover the east facing side of the wall. 8. APPROVAL RUNS WITH LAND. These conditions shall run with the land and shall remain in full force for the duration of the life of the Project. 9. Project Plans are subject to compliance with all applicable zoning regulations, except as may be expressly modified herein. Project plans shall be subject to a complete Code Compliance review when building plans are submitted for plan check. Compliance with all applicable Municipal Code and General Plan Policies is required prior to the issuance of a building permit. 10. APPEAL. Decisions of the Planning Commission may be appealed to the City Council within fourteen (14) days of the Planning Commission action by filing a written appeal with the City Clerk. Appeal forms are available in the City 9

63 Clerk s office. Decisions involving subdivision maps must be appealed within ten (10) days of the Planning Commission Action. An appeal fee is required. 11. RECORDATION. The resolution approving the Hillside R- 1 Permit shall not become effective until the owner of the Project site records a covenant, satisfactory in form and content to the City Attorney, accepting the conditions of approval set forth in this resolution. The covenant shall include a copy of the resolution as an exhibit. The Applicant shall deliver the executed covenant to the Department of Community Development within 60 days of the Planning Commission decision. At the time that the Applicant delivers the covenant to the City, the Applicant shall also provide the City with all fees necessary to record the document with the County Recorder. If the Applicant fails to deliver the executed covenant within the required 60 days, this resolution approving the Project shall be null and void and of no further effect. Notwithstanding the foregoing, the Director of Community Development may, upon a request by the Applicant, grant a waiver from the 60 day time limit if, at the time of the request, the Director determines that there have been no substantial changes to any federal, state, or local law that would affect the Project. 12. EXPIRATION. The exercise of rights granted in such approval shall be commenced within three (3) years after the adoption of such resolution. 13. VIOLATION OF CONDITIONS: A violation of any of these conditions of approval may result in termination of the entitlements granted herein. \\\ 10

64 Section 12. The Secretary of the Planning Commission shall certify to the passage, approval, and adoption of this resolution, and shall cause this resolution and his/her Certification to be entered in the Book of Resolutions of the Planning Commission of the City. Adopted: March 9, 2017 Farshid Joe Shooshani Chair of the Planning Commission of the City of Beverly Hills Attest: Ryan Gohlich, AICP Secretary of the Planning Commission Approved as to form: Approved as to content: David M. Snow Assistant City Attorney Ryan Gohlich, AICP Assistant Director / City Planner Community Development Department 11