Attachment 1. Ordinance

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1 Attachment 1 Ordinance

2 AN ORDINANCE Of THE CITY OF BEVERLY HILLS REVISING REGULATIONS RELATED TO BASEMENTS IN SINGLE FAMILY AREAS OF THE CITY AND GRADING AND RETAINING WALLS IN THE HILLSIDE AREA Of THE CITY FOLLOWS: THE CITY COUNCIL Of THE CITY Of BEVERLY HILLS HEREBY ORDAINS AS Section 1. Over time, the Planning Commission of the City of Beverly Hills has developed a greater concern for the impacts associated with development of basements, landform alteration, and large scale development in the City. The Planning Commission s concerns stem from property owners increasing excavation and exportation of earth material, and from property owners increasing reliance on grading, and the construction of retaining walls to create larger projects. On October 26, 2017, the Planning Commission held a duly noticed public hearing after which it adopted Resolution No. 1828, recommending that the City Council amend portions of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code to revise regulations related to basements in single-family areas of the City and to grading and retaining walls in the Hillside Area of the City (collectively, the Amendments ). On December 5, 2017, the City Council held a duly noticed public hearing, received public testimony, and provided further direction to return to the Planning Commission for consideration of certain revisions to the draft Ordinance and to provide more input on how the provisions would apply to pending projects. On January 11, 2018, the Planning Commission held a duly noticed public hearing after which it provided several comments to the City Council. On February 6, 2018, the City ORDINANCE NO B \ v1,doc

3 Council held a duly noticed public hearing, received public testimony, and thereafter introduced this Ordinance. Section 2. The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption and implementation of this Ordinance may have a significant effect on the environment This Ordinance does not authorize construction and, in fact, imposes greater restrictions on certain development in order to protect the public health, safety and general welfare. This Ordinance is therefore exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations. The City Council also hereby finds that this Ordinance is exempt from CEQA pursuant to Section of Title 14 of the California Code of Regulations, because this Ordinance is adopted to assure the maintenance and protection of the environment, and enacts more strict development standards for the protection of the environment. Section 3. The Amendments are consistent with the objectives, principles, and standards of the General Plan. General Plan Policy Land Use 1.1 Scale of the City calls for regeneration of the City within the general framework of the existing scale. Land Use Policy 2.3 Hillside Development calls for maintaining the natural landforms that define the City and requiring that development on hillsides and in canyon areas be located, designed, and scaled to respect the natural topography and landscape. Land Use Policy 5.1 Neighborhood Conservation calls for maintaining the density, character, and quality of the City s residential neighborhoods. Land Use Policy 6.1 Neighborhood Identity calls for maintaining the characteristics that define the City s single-family neighborhoods. Land Use Policy 6.2 Housing -2- B \ v1,doc

4 Character and Design calls for renovations, additions and new housing be designed to maintain the characteristics and qualities of the neighborhoods in which they are located including lot size, building form, massing and landscaping. Open Space Policy 1.1 Resource Preservation encourages new development on hillsides to preserve natural land formations. Open Space Policy 6.1 Protection of Scenic Views seeks to protect scenic views. Open Space Policy 6.5 Standards for New Development seeks to ensure that new development does not adversely impact the City s unique urban landscape. Section 4. The City Council hereby amends Subsection B the definition of floor area in Single-family residential zones in the City located in Section of Chapter 3 of Title 10 of the Beverly Hills Municipal Code to read as follows, with all other subsections of the floor area definition remaining in effect without amendment: FLOOR AREA: B. Single-family residential zone: floor area shall mean the area of all portions of floors and levels which have a roof or floor level above and are enclosed by exterior walls by more than fifty percent (50%). further, floor area shall include the area of that portion of an upper level not separated from a lower level by a floor/ceiling assembly, but shall not include basements, crawl spaces, up to four hundred (400) square feet of garage area, and the space created below a deck located at the finished first floor level of a residence that extends over a driveway that leads to subterranean parking. for the purposes of determining floor area in a single-family residential zone, basement shall mean any floor level directly below a story or portion thereof, which has a finished floor level that is a maximum of three feet (3 ) above finished grade at any cross-section cut through the building. Furthermore, a level shall be either entirely basement or entirely floor area, and partial basements shall not be permitted. Exceptions: -3-

5 1. Driveways: If a driveway not exceeding sixteen feet (16 ) in width is located within five feet (5 ) of a perimeter wall of a building, and the driveway leads to a subterranean garage, then the finished grade, for that portion of the building located adjacent to the driveway, shall be assumed to be at an elevation that is equal to the grade on the opposite side of the retaining wall required to construct such driveway. 2. Light Court: for light courts not exceeding a dimension of 15 measured perpendicular to the adjacent perimeter wall of a building, the finished grade, for that portion of the perimeter wall of the building located within five feet (5 ) of the light court, shall be assumed to be at an elevation that is equal to the grade on the opposite side of the retaining wall required to construct such light court. The 15 dimensional limitation shall not apply to portions of light courts that are surrounded by three or more structural walls, as long as the total area of the light court does not exceed 20% of the ground floor of the building. 3. Lightwell: F or lightwells not exceeding a dimension of four feet (4 ) as measured perpendicular from the perimeter wall of a building, the finished grade, for that portion of the perimeter wall of the building located within five feet (5 ) of the lightwell, shall be assumed to be at an elevation that is equal to the grade on the opposite side of the retaining wall required to construct such lightwell. 4. Pools and Water features: If an in-ground pool or other in-ground water feature is located adjacent to a perimeter wall of a building, then the finished grade, for that portion of the building located adjacent to the in-ground pool or in-ground water feature, shall be assumed to be at an elevation that is equal to the waterline of such in-ground pool or in-ground water feature. 5. Stairs or Access Ways: If stairs or access ways not exceeding four feet (4 ) in width are located adjacent to a perimeter wall of a building, and the stairs or access ways lead to a basement, the finished grade, for that portion of the perimeter wall of the building located adjacent to the stairs or access ways, shall be assumed to be at an elevation that is equal to the grade on the opposite side of the retaining wall required to construct such stairs or access ways. furthermore, stairs or access ways that lead to a basement shall be deemed to be basement even if the stairs or access ways are greater than three feet (3 ) above finished grade, and shall not preclude the rest of the floor level from qualifying as a basement. -4-

6 A basement may extend beyond the perimeter of the building provided that such portion of the basement is below the natural or finished grade, whichever is lower. A basement shall be considered to have extended beyond the perimeter of the building when the area, including any structure or story, above the basement no longer qualifies as floor area as defined herein. Section 5. The City Council hereby adds the definition of grade, finished to Section of Chapter 3 of Title 10 of the Beverly Hills Municipal Code between the definitions of grade and hedge to read as follows with all other provisions in Section remaining in effect without amendment: GRADE, FINISHED: The lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line or, when the property line is more than 5 feet (5 ) from the building, between the building and a line 5 feet (5 ) from the building. Section 6. The City Council hereby adds the definition of grade, natural to Section of Chapter 3 of Title 10 of the Beverly Hills Municipal Code between the definitions of grade, finished and hedge to read as follows with all other provisions in Section remaining in effect without amendment: GRADE, NATURAL: Grade as it existed five years prior to the date on which an application is submitted to the City for redevelopment or grading activities on a given site. Section 7. The City Council hereby amends Subsection D the definition of height of building in Single-family residential zones in the Hillside Area of the City, located in Section of Chapter 3 of Title 10 of the Beverly Hills Municipal Code to read as follows, with all other subsections of the height of building definition, remaining in effect without amendment: HEIGHT OF BUILDING: B \ v1doc

7 D. Single-Family Residential Zones in the Hillside Area of the City: Except as otherwise provided for walls and fences, in single-family residential zones located in the Hillside Area of the city, height of a building or structure at any point shall mean the vertical distance between that point and the point below it on a plane defined by the finished grade at all points along the building or structure perimeter. However, the following exceptions to this definition shall apply: 1. Driveways: If a driveway not exceeding sixteen feet (16 ) in width is located within five feet (5 ) of a perimeter wall of a building, and the driveway leads to a subterranean garage, then the finished grade, for that portion of the building located adjacent to the driveway, shall be assumed to be at an elevation that is equal to the grade on the opposite side of the retaining wall required to construct such driveway. 2. Light Court: For light courts not exceeding a dimension of 15 measured perpendicular to the adjacent perimeter wall of a building, the finished grade, for that portion of the perimeter wall of the building located within five feet (5 ) of the light court, shall be assumed to be at an elevation that is equal to the grade on the opposite side of the retaining wall required to construct such light court. The 15 dimensional limitation shall not apply to portions of light courts that are surrounded by three or more structural walls, as long as the total area of the light court does not exceed 20% of the ground floor of the building. 3. Lightwell: For lightwells not exceeding a dimension of four feet (4 ) as measured perpendicular from the perimeter wall of a building, the finished grade, for that portion of the perimeter wall of the building located within five feet (5 ) of the lightwell, shall be assumed to be at an elevation that is equal to the grade on the opposite side of the retaining wall required to construct such lightwell. 4. Pools and Water Features: If an in-ground pool or other in-ground water feature is located adjacent to a perimeter wall of a building, then the finished grade, for that portion of the building located adjacent to the in-ground pool or in-ground water feature, shall be assumed to be at an elevation that is equal to the waterline of such in-ground pool or in-ground water feature. 5. Stairs or Access Ways: If stairs or access ways not exceeding four feet (4 ) in width are located adjacent to a perimeter wall of a building, and the stairs or access ways lead to a basement, the finished grade, for that portion of the -6-

8 perimeter wall of the building located adjacent to the stairs or access ways, shall be assumed to be at an elevation that is equal to the grade on the opposite side of the retaining wall required to construct such stairs or access ways. furthermore, stairs or access ways that lead to a basement shall be deemed to be basement even if the stairs or access ways are greater than three feet (3 ) above finished grade, and shall not preclude the rest of the floor level from qualifying as a basement. Those elements of a building excluded from the measurement of height as set forth in subsection C of this definition shall also be excluded from the measurement of height as set forth in this subsection D. Section 8. The City Council hereby amends the definition of lightwell in Section of Chapter 3 of Title 10 of the Beverly Hills Municipal Code to read as follows with all other provisions in Section remaining in effect without amendment: LIGHTWELL: An excavated area adjacent to a building that extends no more than four feet (4 ) from the building perimeter, as measured perpendicular from the building perimeter, that is enclosed on four (4) sides, that is open at the top, and that allows light into a below grade level of a building of Chapter 3 of Title 10 of the Beverly Hills Municipal Code between the definitions of lightwell and lot, to read as follows with all other provisions in Section remaining in effect without amendment: LIGHT COURT: An excavated area adjacent to a building that extends more than four feet (4 ) from the building perimeter, as measured perpendicular from the building perimeter, that is enclosed on four (4) sides, that is open at the top, and that allows light into a below grade level of a building. Section 10. The City Council hereby amends Section of Article 25 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code to read as follows: : FLOOR AREA: Section 9. The City Council hereby adds the definition of light court to Section

9 The following minimum and maximum floor area restrictions shall apply to buildings in the Hillside Area of the city: A. Minimum Restrictions: Any building that serves as the primary residential building on a site area shall have a minimum floor area of one thousand six hundred (1,600) square feet and shall have a minimum width, at its widest point, of twenty feet (20 ). B. Maximum Restrictions: The standards set forth in this subsection shall govern the maximum cumulative floor area that may be developed on any site within the Hillside Area. Notwithstanding any other provision of this section, an owner of a site within the Hillside Area may develop buildings or structures on that site which cumulatively contain up to four thousand five hundred (4,500) square feet of floor area even if the application of the standards set forth in this section would not permit that amount of development. In addition, notwithstanding any other provision of this section, the cumulative floor area developed on any one site area, in combination with the floor area of all basements constructed on that site, shall not exceed fifteen thousand (15,000) square feet unless permitted by a Hillside R-1 permit issued pursuant to article 25.5 of this chapter. Provided, however, that up to one thousand six hundred (1,600) square feet of basement garage area and up to three hundred (300) square feet of basement mechanical area shall not be included within the calculation of the floor area of a basement for the purposes of this paragraph. 1. For site areas which have no level pad, or a level pad of less than seven hundred fifty (750) square feet in area, and the average slope of the site area is twenty percent (20%) or greater, then the maximum cumulative floor area for all buildings and structures shall be twenty percent (20%) of the site area. 2. for those sites not governed by subsection B1 of this section, the maximum permitted cumulative floor area of all buildings and structures shall be calculated as follows: a. If the area of a site is fifteen thousand (15,000) square feet or less, then the maximum permitted cumulative floor area for buildings and structures on the site shall be forty percent (40%) of the area of the level pad plus ten percent (10%) of the area of the slope \ vLdoc

10 b. If the area of a site is between fifteen thousand one (15,001) and twenty five thousand (25,000) square feet, then the maximum permitted cumulative floor area for buildings and structures on the site shall be thirty seven percent (37%) of the area of the level pad plus ten percent (10%) of the area of the slope. c. If the area of a site is between twenty five thousand one (25,001) and thirty thousand (30,000) square feet, then the maximum permitted cumulative floor area for buildings and structures on the site shall be thirty four percent (34%) of the area of the level pad plus ten percent (10%) of the area of the slope. d. If the area of a site is greater than thirty thousand (30,000) square feet, then the maximum permitted cumulative floor area for buildings and structures on the site shall be thirty one percent (31%) of the area of the level pad plus ten percent (10%) of the area of the slope. 3. If the area of a site equals or exceeds two acres, the maximum cumulative floor area may exceed the limitations set forth in subsections B 1 and B2 of this section if permitted by a Hillside R-1 permit issued pursuant to article 25.5 of this chapter. C. Additional Requirements: Notwithstanding any other ordinance or provision of this code, a level pad area must contain a level square shaped area with minimum dimensions of twenty feet (20 ) per side for the level pad to be used to calculate the maximum permitted cumulative floor area of buildings and structures in the Hillside Area pursuant to subsection B of this chapter. Level pad shall have the meaning set forth in section of this chapter. Notwithstanding any other ordinance or provision of this code, the maximum cumulative floor area of the portion of any buildings and structures located off the existing level pad of any lot in the Hillside Area of the city shall be one thousand (1,000) square feet, unless a Hillside R-1 permit is issued pursuant to subsection K of this chapter. Level pad shall have the meaning set forth in section of this chapter, and existing level pad shall mean the level pad in existence on the effective date hereof (September 30, 2016). For the purposes of this section, the maximum cumulative permitted floor area shall be calculated based upon the finished grade of the site. further, if a portion of a site area is to be dedicated to the city for the purposes of establishing or enlarging a street or an alley, and such dedication is to be made in \ v1.doc

11 conjunction with a development approval, then, for the purposes of calculating the maximum permitted floor area for the proposed development pursuant to this section, the site area shall include that portion of the site area that is to be dedicated to the city. However, the dedicated area shall not be included in the calculation of floor area for subsequent development, including additions to the original development. Section 11. The City Council hereby amends Section of Article 25 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code to read as follows: : WALLS, FENCES AND HEDGES: In addition to any requirements imposed pursuant to title 9 of this code, a building permit shall be required for any wall or fence greater than six feet (6 ) in height and shall also be required for any wall or fence, regardless of its height, that is located in a front yard. A. Thickness: No wall or fence shall exceed two feet (2 ) in thickness. Cavities or spaces within a wall or fence shall not be used for the support, storage, shelter, or enclosure of persons, animals, or personal property. B. Supporting Elements: No column, pillar, post, or other supporting element of a wall or fence shall be more than twenty four inches (24 ) in width. C. Front And Street Side Yards: No wall or fence shall be located within three feet (3 ) of a front lot line or street side lot line. Walls or fences located more than three feet (3 ) from a front lot line or street side lot line, but less than or equal to ten feet (10 ) from a front lot line or street side lot line shall be no more than three feet (3 ) in height. Walls or fences located more than ten feet (10 ) from a front lot line or street side lot line, but within a front yard or street side yard, shall be no more than six feet (6 ) in height. Furthermore, any portion of such walls or fences that exceeds three feet (3 ) in height shall be open to public view. 1. Hillside R-l Permit: Notwithstanding the provisions of this subsection C, a reviewing authority may issue a Hillside R- 1 permit to permit a wall of no more than six feet (6 ) in height to encroach into a front yard or street side yard without otherwise complying with the requirements of this subsection C. 2. Minor Accommodation: Notwithstanding the provisions of this subsection C, a reviewing authority may issue a minor accommodation permit pursuant \ v1doc

12 to article 36 of this chapter to allow a wall or fence of up to six feet (6 ) in height to be located between three feet (3 ) and ten feet (10 ) from a front lot line or street side lot line, provided that the wall or fence is open to public view and provided that the reviewing authority finds that the wall or fence will not have a substantial adverse impact on the scale and massing of the streetscape or the garden quality of the city. D. Areas Other Than front And Street Side Yards: The maximum allowable height for that portion of a wall, fence, or hedge located outside of all front and street side yards shall be seven feet (7 ), as measured per the definition of height of wall, fence, or hedge located in further, under no circumstance shall the height of the wall, fence, or hedge, measured on the side farther from a property line exceed twelve feet (12 ). 1. Hillside R- 1 Permit: A reviewing authority may issue a Hillside R- 1 permit to permit a wall, fence, or hedge to exceed twelve feet (12 ), measured on the side farther from a property line; however, under no circumstances shall the wall, fence, or hedge measure more than seven feet (7 ) on the side closest to the property line. E. Series Of Walls: If a series of walls, or portions of a wall, are constructed on the same property so that a perpendicular section cut through a wall would intersect more than one wall segment and would intersect a total height of seven feet (7 ) or more, then a minimum ten foot (10 ) landscaped area must be provided between the wall segments. Such landscaping shall consist of climbing vines or alternative vegetation that will substantially screen the walls. furthermore, the cumulative height of a series of walls shall not exceed twelve feet (12 ) within any fifty foot (50 ) perpendicular section cut through the wall segments. 1. Hillside R- 1 Permit: A reviewing authority may issue a Hillside R- 1 permit to allow a series of walls to deviate from the requirements outlined in subsection E. Section 12. The City Council hereby amends Section of Article 25 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code to read as follows: : LANDFORM ALTERATION: Within any five (5) year period, the total cubic yards that may be cut and filled on any site in the Hillside Area, including excavation for basements, shall be calculated as follows: -11-

13 C = 1, (A/lU) For the purpose of this formula: C = the total cubic yards of grading work (cut and fill combined) that can be performed on a site within a five-year period A = total site area in square feet The following is an example of the application of this formula to a site that is 30,000 square feet in area: C = 1, (30,000/10) C = 1, (3,000) C = 1, ,000 C = 4,000 cubic yards of cut and fill (combined) permitted. However, within any five (5) year period, no more than three thousand (3,000) cubic yards of earth material may be imported or exported from a site in the Hillside Area. Notwithstanding any other ordinance or provision of this code, including, but not limited to, section of this chapter, within any five (5) year period: No more than one thousand five hundred (1,500) cubic yards of earth material may be imported or exported from a site in the Hillside Area that is immediately adjacent to a street that is less than twenty four feet (24 ) wide, unless a Hillside R-1 permit is issued pursuant to subsection A of this chapter. For the purposes of calculating earthwork quantities, all calculations shall be based on inground earth volumes, regardless of compaction or expansion percentage. Further, all earthwork calculations shall include but not be limited to basement excavations, retaining walls, site grading, foundation work, and excavations for piling work. The limitations set forth in this section may be modified by a Hillside R-1 permit issued pursuant to article 25.5 of this chapter. Section 13. The City Council hereby rescinds Section of Article 25 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code. -12-

14 Section 14. The City Council hereby amends subsection A of Section of Article 25.5 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code to read as follows with all other provisions of Section remaining in effect without amendment: A. Import And Export Of Material: The reviewing authority may issue a Hillside R-1 permit that: 1) allows the import or export of material from a site to exceed the standards set forth in section of this chapter, and 2) establishes the total amount of material that may be imported or exported from a site in the Hillside Area, if the reviewing authority finds that the import or export will not create a substantial adverse impact on the surrounding neighborhood. As part of this determination, the reviewing authority shall consider the street widths and street configuration in the neighborhood. The reviewing authority shall also consider haul routes, scheduling, the total number of construction-related vehicle trips associated with the project as a whole, phasing and safety precautions proposed, and any other factors that may impact the public s health, safety or welfare in the Hillside R-l permit application. Section 15. The City Council hereby adds subsection L of Section of Article 25.5 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code to read as follows with all other provisions of Section remaining in effect without amendment: L. Total maximum height of wall, fence, or hedge: The reviewing authority may issue a Hillside R-1 permit that: 1) allows the height of a wall, fence, or hedge, as measured on the side farthest from the closest property line to exceed the standards set forth in section of this chapter, if the reviewing authority finds that 1) the deviation from the standards will not have a substantial adverse impact on the character, scale, or integrity of the area as viewed from streets and surrounding properties, and 2) the deviation will not have a substantial adverse impact on neighbor s access to light and air, neighbor s privacy, or the garden quality of the City, and 3) the deviation is necessary to allow for appropriate development on the subject site. -13-

15 Section 16. The City Council hereby adds subsection M of Section of Article 25.5 of Chapter 3 of Title 10 of the Beverly Hills Mbnicipal Code to read as follows with all other provisions of Section remaining in effect without amendment: M. Series of walls: The reviewing authority may issue a Hillside R-1 permit that: 1) allows a series of walls to deviate from the standards set forth in section of this chapter that limit the number and height of series of retaining walls if the reviewing authority finds that 1) the deviation from the standards will not have a substantial adverse impact on the character, scale, or integrity of the area as viewed from streets and surrounding properties, and 2) the deviation will not have a substantial adverse impact on neighbor s access to light and air, neighbor s privacy, or the garden quality of the City, 3) the deviation is necessary to allow for appropriate development on the subject site, and 4) there is no less than 3 of landscaped area provided between two walls in a series. Section 17. The City Council hereby adds section to Article 25.5 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code to read as follows with all other provisions of Article 25.5 remaining in effect without amendment: TEMPORARY R-1 PERMIT FOR PIPELINE PROJECTS: The reviewing authority may issue a Hillside R-1 permit to allow hillside projects that have submitted a substantially complete application for building permit between January 11, 2018, and the effective date of Ordinance 18-O-XXXX that are not otherwise exempt from the regulations contained in ordinance 1 8-O-XXXX, to build in compliance with the zoning standards that existed immediately before Ordinance 1 8-O-XXXX took effect, provided that in order to approve a Hillside R- 1 permit pursuant to this Section , the reviewing authority must find as follows: 1) The project is consistent with the zoning code as it existed the day prior to the effective date of Ordinance 1 8-O-XXXX; 2) The project will not have a substantial adverse impact on the visual character of the area as viewed from streets and neighboring properties; 44-

16 3) The project will not have a substantial adverse impact on: the scale, integrity, or character of the area; the privacy of neighboring properties; neighbor s access to light and air; or on the streetscape; and, 4) The project will not have a substantial adverse impact on the garden quality of the City. The reviewing authority may consider haul routes, scheduling, the total number of construction-related vehicle trips associated with the project as a whole, phasing and safety precautions proposed, and any other factors that may impact the public s health, safety or welfare in the Hillside R-1 permit application. This Section shall no longer be applicable once all pending pipeline projects have been processed. Further, The provisions in this section establishing the temporary R-l Permit process for projects currently under review shall sunset two years after the effective date of this ordinance. All other provisions of this ordinance shall remain in effect Projects eligible for this temporary R-l Permit are Hillside Area projects for which substantially complete applications for a building permit were submitted for building plan check between January 11, 2018 and the effective date of this ordinance where the scope of work includes: o A new single family home; or o Increasing the cumulative floor area on site by more than 50% beyond what previously existed on the site; or o Landform alteration that exceeds the amended threshold set forth in this ordinance. Section 18. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this Ordinance shall be and remain in full force and effect. - 5-

17 Section 19. Publication. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage in accordance with Section of the Government Code, shall certify to the adoption of this Ordinance, and shall cause this Ordinance and his certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City. Section 20. Applicability. The regulations contained in this ordinance shall not apply to pending projects that fall under one or more of the following categories, as long as the pending application is being diligently processed by the applicant, and the application does not expire: All Central and Trousdale Area projects with pending entitlement applications or building permit applications as of the effective date of this ordinance; All projects with approved R-1 Permits as of the effective date of this ordinance; Hillside Area projects with active entitlement applications (zoning approvals) on file as of the effective date of this ordinance; Hillside Area projects with pending building permit applications as of the effective date of this ordinance where the scope of work does not include: o Construction of a new single-family residence; or o Addition of cumulative floor area that increases the existing floor area on the site by more than 50%; -16-

18 Hillside Area projects with pending building permit applications that were submitted before January 11, 2018 where the scope of work includes: o A new single family home; or o Increasing the cumulative floor area on site by more than 50%; or o Landform alteration that exceeds the amended threshold set forth in this ordinance. Revisions to previously approved Hillside Area projects as long as the revisions do not increase the cumulative floor area on the project site as calculated under the provisions set forth in this Ordinance. I II I II I II I II I /I Il /I -17- B \ v1,doc

19 Section 21. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage. Adopted: Effective: LILT BOSSE Mayor of the City of Beverly Hills, California ATTEST: BYRON POPE City Clerk (SEAL) APPROVED AS TO FORM: APPROVED AS TO CONTENT: City Attorney MAHDI ALUZRI City Manager Oa4r) ei SAN HEALY E Director of Community Development -1$ \ v1.doc

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