Beverly Hills City Council
April 26, 2022

AGENDA REPORT
Meeting Date: April 26, 2022
Item Number:

To: Honorable Mayor & City Council
From: Timothea Tway, AICP, City Planner
Chloe Chen, Associate Planner
Subject: AN ORDINANCE OF THE CITY OF BEVERLY HILLS TO AMEND THE

BEVERLY HILLS MUNICIPAL CODE TO CLARIFY OR ADD

LANGUAGE RELATED TO DEVELOPMENT PLAN REVIEW

EXEMPTIONS FOR INCREASES IN BUILDING HEIGHT, THE

ALLOWABLE HEIGHT EXEMPTION FOR ROOFTOP ELEVATOR

ENCLOSURES ON COMMERCIAL BUILDINGS, THE ALLOWABLE

HEIGHT EXEMPTION FOR ROOFTOP DECKING MATERIALS AND

PARAPETS ON MULTI-FAMILY RESIDENTIAL BUILDINGS, THE
ALLOWABLE ROOFTOPS USES AND STRUCTURES FOR MULTIFAMILY RESIDENTIAL AND MIXED USE BUILDINGS, THE

DEFINITION OF A PRIVATE TRAINING CENTER, AND

REQUIREMENTS FOR A FENCE OR WALL FINISHES
Attachments: 1. Draft Ordinance

2. Planning Commission Resolution No. 1973

3. Draft Redline Ordinance

4. Public Comments (from 4/12 City Council Meeting and Planning Commission Hearing)

RECOMMENDATION
Pursuant to the Planning Commission’s review and recommendations, staff recommends the City Council move to waive the full reading of the ordinance and introduce and read by title only the ordinance entitled “AN ORDINANCE OF THE CITY

OF BEVERLY HILLS TO AMEND THE BEVERLY HILLS MUNICIPAL CODE TO

CLARIFY OR ADD LANGUAGE RELATED TO DEVELOPMENT PLAN REVIEW

EXEMPTIONS FOR INCREASES IN BUILDING HEIGHT, THE ALLOWABLE HEIGHT

EXEMPTION FOR ROOFTOP ELEVATOR ENCLOSURES ON COMMERCIAL

BUILDINGS, THE ALLOWABLE HEIGHT EXEMPTION FOR ROOFTOP DECKING

MATERIALS AND PARAPETS ON MULTI-FAMILY RESIDENTIAL BUILDINGS, THE

ALLOWABLE ROOFTOPS USES AND STRUCTURES FOR MULTI-FAMILY

RESIDENTIAL AND MIXED USE BUILDINGS, THE DEFINITION OF A PRIVATE E-1
Meeting Date: April 26, 2022

TRAINING CENTER, AND REQUIREMENTS FOR A FENCE OR WALL FINISHES”.

The draft ordinance as recommended by the Planning Commission is included in Attachment 1.

INTRODUCTION
Periodically, Community Development staff identifies areas of the code that would benefit from minor language changes and brings forth a “cleanup” ordinance for consideration. The draft ordinance includes several sections in the zoning chapter of the Beverly Hills Municipal Code (BHMC) that staff has identified as being necessary for the proper interpretation and application of existing regulations. These cleanup items include small semantic changes, the minor modification of regulations to conform to existing City practice or accepted building standards and practices, and the removal or addition of code language that will make the original intent of various code sections clearer. The recommended amendments do not consist of substantive changes to the code, and will provide additional flexibility for activities related to property maintenance and minor improvements. This report will summarize the proposed language changes to the zoning code, as well as provide reasoning for the proposed amendments.

The draft ordinance includes proposed changes to the following sections of the BHMC:

1. BHMC §10-3-3100: Adding a threshold for an increase in building height that is exempted from the requirement for a Development Plan Review application;

2. BHMC §10-3-100: Amending the definition of height for commercial buildings to increase the allowable height exemption for an elevator enclosure on commercial buildings;

3. BHMC §10-3-100: Amending the definition of height for multi-family residential buildings to allow the addition of decking materials for rooftop amenities, and a proportionate increase in the parapet height;

4. BHMC §10-3-100 and 10-3-1880: Adding an allowable height exemption for residential rooftop amenities and structures for multi-family residential buildings and mixed use buildings, and clarifying that the multi-family definition of height applies to mixed use buildings;

5. BHMC §10-3-100: Amending the definition of ‘private training center’ to be consistent with the regulations in BHMC §10-3-1617; and

6. BHMC §10-3-2420, 10-3-2516, 10-3-2616, and 10-3-2814: Adding requirements related to the finishing of fences or walls in residential zones.

Planning Commission Review
The Planning Commission reviewed the draft ordinance at their February 24, 2022 public hearing. At this hearing, the Commission received public comments, and did not express any questions or concerns regarding the proposed changes. The Commission unanimously voted in favor of adopting a resolution to recommend the draft ordinance for approval by the City Council. Planning Commission Resolution No. 1973 is included as Attachment 2. Public comments received at the Planning Commission hearing are included in Attachment 4.

Meeting Date: April 26, 2022

DISCUSSION
The following section provides an explanation of the reasons for the proposed code changes, and how the specific sections of the code would be changed. Staff has also included a draft redline ordinance (Attachment 3) for the Council’s reference, in order to help clarify how the code sections will be modified.

Development Plan Review for increases in Commercial and Multi-Family Residential Building Height
BHMC §10-3-3100 H.

Proposed Change: BHMC §10-3-3100 sets forth the types of projects and/or construction activities that require the issuance of a Development Plan Review (DPR), and subsection H states that projects that increase the height of a structure or building (even if the increase in height is still below the maximum height limit permitted in the zone) would require a DPR, unless the addition to the height of such building is exempted from the definition of height in BHMC §10-3-100. The proposed code language would clarify that a minor increase in building height up to 24 inches above the existing height measurement, up to the maximum height limit permitted for the zone and not adding an additional story, would not trigger the requirement for a DPR. This would not affect the ability of the rooftop to have a parapet (or required railing) above the adjacent roof deck, since parapets are already exempted from the measurement of height provided they meet specific standards. This would apply to all commercial and multi-family residential buildings, as well as mixed use buildings, since BHMC §10-3- 3100 applies to all such buildings.

Reason for Change: The current code language states that any increase in the height of a commercial or multi-family residential building requires the issuance of a DPR. For example, this means that even an extremely minor increase of a ½ inch to the height of the building could require a DPR to be applied for and approved. However, there may be instances in which a small increase in height may be necessary, and should not trigger an extensive review process that is not commensurate with the potential impact on building height and massing. A minor increase in building height may be necessary for certain minor maintenance or construction activities, such as an increase to accommodate proper roof sloping for drainage, which would not substantially change the massing or profile of the building. In some instances, this type of increase in building height may not even be detectible from the exterior elevation of a building, especially if the height of the parapet along the perimeter of the roof deck does not change. Although a DPR may be reviewed at either the Director-level or Commission-level, some increases in height are so minor as far as the potential impact to the visual massing of the building that these should not require a discretionary review process. Therefore, by setting a threshold that exempts building height increases up to 24 inches, up to the height limit for the zone and without any increase in the number of stories, minor maintenance and improvement projects may take place without needing to go through a time-intensive process. However, such improvements would likely still require a building permit, and may require Architectural Review to ensure compatibility with the existing aesthetics of the building; as such, there are still processes in place to ensure that the end result of these activities does not materially change the appearance or massing of the building and meets any necessary safety requirements.

Meeting Date: April 26, 2022

Elevator Height Exemption
BHMC §10-3-100 (Height of Building Definition Subsection A.3.) Proposed Change: The proposed change would increase the allowable height exemption for structures enclosing elevator equipment and/or elevator lobbies from 15’ to 20’, as measured from the adjacent roof deck, on commercial buildings. No other changes to the regulation are proposed, meaning that in order for the elevator enclosure to be exempted from the measurement of height, the elevator enclosures are not larger than the shaft of the elevator(s) and the elevator lobby area complies with the provisions of subsection A.2.1 of the definition of “floor area” for nonresidential (commercial) buildings, and if such structure is used for no purpose other than providing the minimum space required for the elevators and their equipment and such lobby areas.

Reason for Change: This change provides a 5-foot greater height allowance for elevator enclosures to be exempted from the measurement of height for commercial buildings, in order to provide greater flexibility for commercial buildings to utilize a wider range of elevator manufacturers and types. The code currently exempts elevator enclosures up to 15’ from the adjacent roof deck from “counting towards” the measurement of the height of the overall building. For example, under current code regulations, a 15’ elevator enclosure (measured from the top of the roof deck to the top of the enclosure) may exceed the otherwise allowable 45-foot height limit for a commercial building. Although most elevators have been able to fit within the 15-foot allowance, there are different types of elevators that may require a larger height allowance due to differences in manufacturing standards or installation practices. The 5-foot increase in the height allowance would not result in a substantial visual or massing change from what is already allowed for elevators on the roofs of commercial buildings, but will provide greater flexibility and choice with regard to elevator type and manufacturer for building owners.

Height Exemption for Rooftop Decking Materials on Multi-Family Residential Buildings
BHMC §10-3-100 (Height of Building Definition Subsection B.) Proposed Change: The proposed change would provide a new exemption in the definition of height for multi-family residential buildings to allow for the installation of rooftop decking on existing buildings, generally associated with rooftop amenity improvements. The change would allow up to twelve (12) inches of the decking material to be exempted from the measurement of height, and would allow a proportionate increase in the height of the surrounding parapet (if necessary).

Reason for Change: The code currently does not provide any sort of exemption in the definition of height for multi-family residential buildings if a building owner would like to add rooftop decking material to such building. In recent years, staff has encountered instances in which a building owner would like to add rooftop decking materials (such as engineered wood flooring, or similar fire-rated material) in order to make the rooftop an open air amenity for residents of the building, but is unable to do so easily. Currently, the

1 Subsection A.2 of the definition of “floor area” for nonresidential and multi-family zones states: “2.

Elevator and escalator shafts and elevator lobbies located in parking areas or on rooftops. The area of each elevator lobby at each floor not located in parking areas or on rooftops shall not exceed one hundred (100) square feet per elevator cab; provided, however, that any elevator lobby area in excess of one hundred (100) square feet per elevator cab shall be considered in determining the total floor area within a building or structure;”
Meeting Date: April 26, 2022

addition of decking materials to the rooftop of a multi-family building and extension of the height of a parapet wall would require a discretionary review process (including, but not limited to a DPR and Architectural Review approval), which would require the building owner to go through a process requiring additional time and money.

This change would allow owners of multi-family buildings to make minor improvements to their building, and/or provide an additional amenity for building residents, since the addition of a decking material up to 12 inches would not be considered an increase in the overall height of the building (or exempted from the measurement of height of a multi-family residential building). The proposed code change would also allow a proportionate increase in the parapet wall for safety purposes (up to a maximum of 12 inches) surrounding the rooftop, since the addition of decking material often sits above the actual roof deck and would decrease the height of the parapet as measured from the interior of the rooftop. By providing this height definition exemption, no discretionary entitlement would be required, but an increase in the height of the parapet would still require Architectural Review in order to ensure that the change does not affect, and is consistent with, the existing aesthetic of the building. Since the decking material will not likely be visible from the streetscape or surrounding buildings, especially if there is an existing or proposed parapet wall along the border of the rooftop, the proposed change would not result in material changes to the appearance of the existing building, but will allow building owners greater ability to improve their properties and the amenities available to residents.

Allowable Height of Rooftop Amenities for Multi-Family Residential and Mixed Use Buildings
BHMC §10-3-100 (Height of Building Definition Subsection B.), §10-3-1880 Proposed Change: The proposed change would add clarifying language to the height definition for multi-family residential zones to exempt rooftop structures that function as customary amenities for multi-family residential uses, such as shade structures or trellises. The proposed change would apply existing criteria to these structures: they may be exempted from the measurement of height if they are a maximum of 10’ above the adjacent roof deck, do not exceed 33% of the roof area on which they are located, and do not exceed nor intersect a line projecting from the perimeter of the roof upward at an angle of forty five degrees (45°) from the horizontal plane. The proposed change would also clarify that a mixed use building shall use the multi-family residential zone definition of height for the measurement of its height.

Reason for Change: The code currently allows “unenclosed architectural features”, such as clerestories and skylights, to be installed on the rooftops of both commercial and multi-family residential buildings, provided that they meet certain standards such as a height limit, area limit, and setback from the building façade edge. Such unenclosed architectural features do not count towards the height measurement for the overall building. Staff practice in the past has been to apply this exemption to rooftop structures (e.g. shade structures, trellises) that function as customary amenities for multi-family residences, in order to allow building owners to provide additional amenities and improve their properties. This change would clarify that the installation of such structures on the rooftops of multi-family residential and mixed use buildings is permissible, in line with current practice, provided that these structures are not taller than a maximum of 10’ above the adjacent rooftop deck, do not exceed more than 33% of the roof area on which they are located, and comply with the 45-degree angle setback from the rooftop edges.

Meeting Date: April 26, 2022

The mixed use overlay zone (BHMC Article 18.7 of Title 10, Chapter 3) currently does not specify how the height of a mixed use building should be measured (either by using the definition of height for multi-family residential zones, or the definition for commercial zones), but specifies an overall height limit for the building. The mixed use overlay zone code language (BHMC §10-3-1876 C.) also allows “multi-family residential housing units as part of a mixed use project and the usual and customary accessory and appurtenant uses thereto” (which would include rooftop amenities), without requiring a separate DPR to be issued for a rooftop use, but does not specify additional regulations related to such rooftop improvements or structures.

The proposed change would clarify that the height of a mixed use building shall be measured per the definition of height for a multi-family residential zone, including any applicable exemptions from height as set forth in the definition. The height definitions for commercial and multi-family residential buildings are similar, but since it is most likely that the residential uses will be located on the upper stories of a mixed use building, it follows that the multi-family residential definition of height should apply to a new mixed use building. Therefore, the change to allow rooftop structures to be exempted from the height of a multi-family residential building would also apply to mixed use buildings.

Private Training Center Definition
BHMC §10-3-100 (Private Training Center Definition)
Proposed Change: The proposed change would remove the stipulation related to the number of students and instructors in the definition, since this regulation is already included in BHMC §10-3-1617. This stipulation limits private training center attendance to thirty (30) students in a class at any one time and have no more than one (1) person per one hundred (100) square feet of floor area, not including the instructor of the class.

In addition, the new code language provides added detail regarding the types of uses and activities considered to fall under the definition of a “private training center”.

Reason for Change: The private training center regulations in BHMC §10-3-1617 were updated last year as part of the adoption of a permanent ordinance changing parking requirements for certain commercial uses (Ordinance No. 21-O-2846). Specifically, the regulations for the number of students able to attend classes in private training centers were changed to align more closely with the operations of modern private training center uses already existing in the City (for example, small exercise classes focusing on yoga, pilates, etc.). The updated regulations allow a maximum of thirty (30) students in an exercise class at one time, but also no more than one (1) person per 100 square feet of floor area. However, the definition of a private training center still specifies that only fifteen (15) students are allowed (including the instructor), and no more than 5 students to 1 instructor are permitted. This outdated definition is inconsistent with the update to the private training center regulations, which was an oversight when the regulations were changed last year.

The removal of the stipulation regarding the number of students and instructors in each class from the definition of “private training center” would bring this definition into alignment with the current regulation. The new definition also includes additional details and clarifying language regarding what types of uses fall under a private training center use, in order to further distinguish this type of use from an exercise club.

Meeting Date: April 26, 2022

Required Finishes for Fences and Walls in Residential Areas BHMC §10-3-2420, 10-3-2516, 10-3-2616, & 10-3-2814
Proposed Change: The proposed change would add a requirement for fences and walls constructed within five (5) feet of property lines, and approximately parallel to such property lines, to be constructed and have a finished appearance on both sides. The new code language includes examples of a finished appearance, which could include stucco, natural stone, etc. The new code language would also provide relief for those who are unable to obtain access to neighboring properties if this would be necessary to provide the same finish on the side of the wall or fence facing the neighboring property.

Reason for Change: Currently, the code has certain requirements for the construction of fences and walls in the single-family and multi-family residential areas, however, there are no requirements related to the finish of the fence or wall. For fences or walls constructed in between properties, this can result in fences and/or walls that are finished on one side (usually the side facing towards the owner of the fence/wall’s property), and unfinished on the other side. This change would mean that the fence and wall must be finished on both sides, resulting in a more uniform and attractive aesthetic for the properties on either side of the fence/wall. For example, if the wall is a Spanish-style wall with finished white stucco, the wall would need to have stucco on both sides. This requirement would only apply to fences or walls located within 5 feet of the property line and parallel to the property lines, since this is intended to primarily capture shared fences/walls between neighboring properties. The new code language would also provide relief from this requirement in the event that access to a neighboring property is necessary to provide the same finish on the side of the wall or fence facing the neighboring property, but access to the property is not granted by the neighboring property owner. The code language stipulates that documentation satisfactory to the Director of Community Development shall be provided to demonstrate that access to the neighboring property was not granted, such as a written letter from the neighboring property owner refusing access, or written requests submitted to the neighboring property owner for access that received no reply.

GENERAL PLAN CONSISTENCY
The proposed amendments to the zoning code are consistent with the objectives, principles, and standards of the General Plan, as briefly described below.  Goal LU 3 – Managed Change. Managed change that respects and is complementary to the qualities that distinguish the City as a community, is orderly and well-planned, provides for the needs of existing and future residents and businesses, ensures the effective and equitable provision of public services, and makes efficient use of land and infrastructure.
o This goal calls for orderly and well-planned change to the community that provides for the needs of existing and future residents and business, effective and equitable provision of public services, and makes efficient use of land and infrastructure. Amending the zoning code to clarify language and correct errors will contribute to creating orderly change to the community by providing clear rules to regulate land use. Additionally, periodic modifications to the code will contribute to the provision of effective public services in that accurate and understandable land use rules will be available for use in the community.

Meeting Date: April 26, 2022

 Policy LU 16.11 – Community Engagement. Strive to engage all segments of the community in planning decisions, including residents, local businesses, special interest groups, and special needs groups such as the elderly, youth, working parents, and low-income residents. Maintain and enhance the City’s current public involvement processes to assure transparency and enable the public to be well-informed.
o This policy encourages engaging all segments of the community in planning decisions. It calls for the maintenance and enhancement of the public involvement process to assure transparency and enable the public to be well-informed. Amending the code periodically to address inconsistencies and to align the code with current City practice and building-industry standards ensures that the code is understandable and accurate, which in turn enhances the ability of the public to understand regulations that govern development projects.

PUBLIC OUTREACH AND NOTIFICATION
A notice was published in the Beverly Hills Courier on Friday, March 18, 2022 and the Beverly Hills Weekly and the Beverly Press on Thursday, March 24, 2022, as required by law.

Public Comment
As of the writing of this report, staff has received one comment regarding the proposed amendments to the zoning code, which details the need for greater elevator height exemptions based on manufacturer standards. This comment was included in the packet for the Planning Commission’s review at their February 24, 2022 meeting, and is included in Attachment 4. In addition, a letter from the same commenter was provided at the April 12, 2022 City Council formal meeting2, and is included in Attachment 4.

At the February 24, 2022 Planning Commission meeting, additional public comment was provided. The comments are summarized below:
 concern that changing regulations related to the rooftop areas of multi-family buildings could lead to additional noise; and
 concern that allowing greater elevator height or rooftop structures on commercial and multi-family buildings will create an impact to the aesthetics of a building.

ENVIRONMENTAL ASSESSMENT
The proposed zoning code changes contained in the draft ordinance have been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.), and the environmental regulations of the City. Upon review, the project appears to be exempt from CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines, as the project involves minor semantic changes to the existing code and does not represent substantive changes in meaning or interpretation of the code. Due to the fact that the draft ordinance involves minor changes to land use regulations, and does not involve physical alterations of land or structures, it can therefore be seen with certainty

2 This item was continued from the April 12, 2022 City Council formal meeting.

Meeting Date: April 26, 2022

that there is no possibility that the proposed amendments may have a significant effect on the environment. Accordingly, the City Council will consider the recommendation to find the project exempt from the environmental review requirements of CEQA pursuant to Section 15061(b)(3) of the California Code of Regulations. In addition, proposed amendments reflect minor changes in land use limitations, and thus qualify for exemption from CEQA pursuant to Section 15305 of the California Code of Regulations

FISCAL IMPACT
There is no anticipated fiscal impact related to this item.

Ryan Gohlich, AICP,
Director of Community Development
Approved By
Attachment 1
Draft Ordinance
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B0785-0001\2654262v1.doc
ORDINANCE NO. 22-O-_______

AN ORDINANCE OF THE CITY OF BEVERLY HILLS TO

AMEND THE BEVERLY HILLS MUNICIPAL CODE TO

CLARIFY OR ADD LANGUAGE RELATED TO

DEVELOPMENT PLAN REVIEW EXEMPTIONS FOR

INCREASES IN BUILDING HEIGHT, THE ALLOWABLE

HEIGHT EXEMPTION FOR ROOFTOP ELEVATOR

ENCLOSURES ON COMMERCIAL BUILDINGS, THE

ALLOWABLE HEIGHT EXEMPTION FOR ROOFTOP
DECKING MATERIALS AND PARAPETS ON MULTIFAMILY RESIDENTIAL BUILDINGS, THE ALLOWABLE

ROOFTOPS USES AND STRUCTURES FOR MULTI-FAMILY

RESIDENTIAL AND MIXED USE BUILDINGS, THE

DEFINITION OF A PRIVATE TRAINING CENTER, AND

REQUIREMENTS FOR A FENCE OR WALL FINISHES

THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY ORDAINS AS FOLLOWS:

Section 1. On February 24, 2022, the Planning Commission held a duly noticed public hearing after which it adopted Resolution No. 1973 recommending that the City Council amend portions of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code to modify language to provide greater clarity in the application of code provisions, and to align code language with current practices (collectively, the “Amendments”). On April 26, 2022, the City Council held a duly noticed public hearing, received public testimony, and thereafter introduced this Ordinance.

Section 2. This Ordinance and the Amendments were 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. There is no possibility that the proposed code Amendments that are not related to any specific development proposal may have a significant effect on the environment because the modifications do not enable any physical changes in the environment. Therefore the City Council finds that the Amendments are exempt from -2-
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CEQA pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations because it can be seen with certainty that there is no possibility that the activity in question would have a significant effect on the environment. Further, as a separate and independent basis, the Amendments reflect minor changes in land use limitations, and thus are found exempt from CEQA pursuant to Section 15305 of the California Code of Regulations.

Section 3. The Amendments are consistent with the objectives, principles, and standards of the General Plan. General Plan Goal LU 3 – Managed Change calls for orderly and well-planned change to the community that provides for the needs of existing and future residents and business, effective and equitable provision of public services, and makes efficient use of land and infrastructure. Amending the zoning code to clarify language and align it with current practices will contribute to creating orderly change to the community by providing clear rules to regulate land use. Additionally, periodic modifications to the code will contribute to the provision of effective public services in that accurate and understandable land use rules will be available for the use in the community. General Plan Policy LU 16.11 – Community Engagement encourages engaging all segments of the community in planning decisions. It calls for the maintenance and enhancement of the public involvement process to assure transparency and enable the public to be well-informed. Amending the code periodically to address inconsistencies and to align the code with current City practice ensures that the code is legible and accurate, which enhances the ability of the public to understand regulations that govern development projects.

Section 4. The City Council hereby amends Section 10-3-3100 of Article 31 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code by amending subsection “H.” to read as follows, with all other provisions of 10-3-3100 remaining in place without amendment:
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“H. All projects that would increase the height of a structure or building more than twenty-four (24) inches, but not exceeding the maximum height limit otherwise applicable to the zone nor resulting in an additional story, unless the addition or alteration is specified in this chapter as an element not considered when determining building height.”
Section 5. The City Council hereby amends Section 10-3-100 of Article 1 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code by amending subsection “A.3.” of the definition of “Height of Building” for Nonresidential Zones to read as follows, with all other definitions in Section 10-3-100 remaining unchanged:
“3. Structures enclosing elevator equipment and/or elevator lobbies if such structures are not higher than twenty feet (20') above the adjacent roof deck and are not larger than the shaft of the elevator or elevators and their respective lobby areas, provided such lobby areas comply with the provisions of subsection A.2. of the definition of Floor Area, and if such structure is used for no purpose other than providing the minimum space required for the elevators and their equipment and such lobby areas.”
Section 6. The City Council hereby amends Section 10-3-100 of Article 1 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code by amending subsection “B.7” and adding a new subsection “B.10.” under the definition of “Height of Building” for Multiple-Family Residential Zones to read as follows, with all other definitions in Section 10-3-100 remaining unchanged:
“7. Unoccupied architectural features, such as skylights and clerestories, and rooftop structures such as shade structures and trellises, not more than ten feet -4-
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(10') in height as measured from the adjacent roof deck if such features do not exceed thirty three percent (33%) of the roof area upon which they are located, and no such feature exceeds or intersects a line projecting from the perimeter of the roof upward at an angle of forty five degrees (45°) from the horizontal.

10. The addition of rooftop decking materials up to a height of twelve inches (12”), as measured from the adjacent roof deck, and an equivalent increase in the height of the parapet wall, on the rooftop of an existing multiple-family residential building.”
Section 7. The City Council hereby amends Section 10-3-1880 of Article 18.7 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code to read as follows:
“10-3-1880: HEIGHT LIMIT:

A building in the MU Overlay Zone shall not be constructed, altered, or enlarged so that it is taller than the heights set forth as follows and as displayed in the Mixed Use Overlay Zone Height District Map maintained by the Department of Community Development:

A. Height District A: A maximum height of forty five feet (45') and three (3) stories is permitted for properties adjacent to any single-family residential zones and/or multi-family residentially zoned properties located in multi-family height district A, as noted in section 10-3-2804 of this chapter.

B. Height District B: A maximum height of forty five feet (45') and four (4) stories is permitted for properties adjacent to multi-family residentially zoned properties located in multi-family height district B, as noted in section 10-3-2804 of this chapter.
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C. Height District C: A maximum height of fifty five feet (55') and five (5) stories is permitted for properties adjacent to multi-family residentially zoned properties located in multi-family height district C, as noted in section 10-3-2804 of this chapter, or other properties in existing mixed use overlay zones.

When a mixed use development is located adjacent to more than one residential zone, the residential zone allowing the shortest height shall dictate the maximum height allowed for the mixed use development. The height of a mixed use development shall be measured pursuant to the definition of “Height of Building” for Multiple-Family Residential Zones in section 10-3-100 of this chapter.

For the purposes of applying the provisions of Government Code Section 65915, the height limitations and story limitations set forth in this article shall be considered separate requirements.”
Section 8. The City Council hereby amends Section 10-3-100 of Article 1 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code by amending the definition of “Private Training Center” to read as follows, with all other definitions in the section remaining unchanged:
“PRIVATE TRAINING CENTER: A facility used for individual or small group exercise or training activities, in which students and instructor(s) engage in exercise or training activities. Private training centers may include, but are not limited to: facilities that host group exercise classes for a limited number of attendees such as yoga, pilates, spinning, or personal training, and shall comply with the regulations of this chapter. "Private training center" does not include any facility that is accessory to a public educational institution or accessory to -6-
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a private educational institution that is included on the list of private schools prepared pursuant to Education Code section 33190.”
Section 9. The City Council hereby amends Section 10-3-2420 of Article 24 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code to read as follows, with all other provisions in Section 10-3-2420 remaining in place without amendment:
“B. Finish: A wall or fence located within five feet (5’) of a property line and approximately parallel to that property line shall have a finished appearance in a similar manner on both sides. Acceptable finish treatments include colored stucco, wood stain, natural or polished stone, slumpstone, split-faced concrete block, prefabricated finish texture, color coated tubular steel or wrought iron, or a combination thereof. Plain or colored concrete block masonry shall be permitted only if coated with colored stucco or other coating finish approved by the Director of Building and Safety.

If the construction of a wall or fence along shared property lines requires access on a neighboring property in order to provide an equivalent finish on the side of the wall or fence facing the neighboring property, and access is not granted by the neighboring property owner, documentation to this effect shall be provided to the Director of Community Development, or his or her designee.

This documentation shall be satisfactory to the Director of Community Development to relieve the requestor of the above requirement regarding the finish of the wall or fence on that side, and may include a written letter stating that access has not been granted, or proof that a request for access has been sent but no response has been provided.
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C. 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.

D. Front Yards: The maximum allowable height of a wall, fence, or hedge located within the first twenty percent (20%) of the front yard, measured from the front lot line, shall be three feet (3'). Walls and fences over eighteen inches (18") in height shall be set back a minimum of three feet (3') from the front lot line and landscaping shall be provided in the area between the wall or fence and the front lot line, except for paving, including driveways and walkways, that conforms to the requirements of section 10-3-2422 of this chapter.

The maximum allowable height of a wall, fence, or hedge located within the front yard at a distance from the front lot line of more than twenty percent (20%) of the front setback shall be six feet (6'); provided, however, any portion of such wall, fence, or hedge which exceeds three feet (3') in height shall be open to public view.

E. Side Yards: The maximum allowable height for that portion of a wall, fence, or hedge located in both a side yard and a front yard shall be six feet (6'); provided, however, that any portion of such wall, fence, or hedge which exceeds three feet (3') in height shall be open to public view.

The maximum allowable height for that portion of a wall, fence, or hedge located in a side yard, but not in a front yard, shall be seven feet (7'), except that the maximum allowable height shall be eight feet (8') for such a wall, fence, or hedge located within five feet (5') of a rear lot line and parallel to such rear lot line.
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Furthermore, any portion of such wall, fence or hedge that exceeds three feet (3') in height and is located in a street side yard shall be open to public view or the wall, fence or hedge shall be set back an average of at least one foot (1') and no less than six inches (6") from the street side lot line for the purpose of providing landscaping on the street side of the wall.

F. Rear Yards: The maximum allowable height for a fence, wall or hedge located solely in a rear yard shall be eight feet (8').” Section 10. The City Council hereby amends Section 10-3-2516 of Article 25 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code to read as follows, with all other provisions in Section 10-3-2516 remaining in place without amendment:
“B. Finish: A wall or fence located within five feet (5’) of a property line and approximately parallel to that property line shall have a finished appearance in a similar manner on both sides. Acceptable finish treatments include colored stucco, wood stain, natural or polished stone, slumpstone, split-faced concrete block, prefabricated finish texture, color coated tubular steel or wrought iron, or a combination thereof. Plain or colored concrete block masonry shall be permitted only if coated with colored stucco or other coating finish approved by the Director of Building and Safety.

If the construction of a wall or fence along shared property lines requires access on a neighboring property in order to provide an equivalent finish on the side of the wall or fence facing the neighboring property, and access is not granted by the neighboring property owner, documentation to this effect shall be provided to the Director of Community Development, or his or her designee. -9-
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This documentation shall be satisfactory to the Director of Community Development to relieve the requestor of the above requirement regarding the finish of the wall or fence on that side, and may include a written letter stating that access has not been granted, or proof that a request for access has been sent but no response has been provided.

C. 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.

D. 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-1 Permit: Notwithstanding the provisions of this subsection C, a reviewing authority may issue a Hillside R-1 permit to permit a wall of no more than six feet (6') in height to encroach into a front yard or street side yard without otherwise complying with the requirements of this subsection C.

2. Minor Accommodation: Notwithstanding the provisions of this subsection C, a reviewing authority may issue a minor accommodation permit pursuant to article 36 of this chapter to allow a wall or fence of up to six feet -10-
B0785-0001\2654262v1.doc
(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.

E. 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 section 10-3-100 of this chapter.

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.

F. 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 -11-
B0785-0001\2654262v1.doc
feet (12') within any fifty foot (50') perpendicular section cut through the wall segments.”
Section 11. The City Council hereby amends Section 10-3-2616 of Article 26 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code to read as follows, with all other provisions in Section 10-3-2616 remaining in place without amendment:
“B. Finish: A wall or fence located within five feet (5’) of a property line and approximately parallel to that property line shall have a finished appearance in a similar manner on both sides. Acceptable finish treatments include colored stucco, wood stain, natural or polished stone, slumpstone, split-faced concrete block, prefabricated finish texture, color coated tubular steel or wrought iron, or a combination thereof. Plain or colored concrete block masonry shall be permitted only if coated with colored stucco or other coating finish approved by the Director of Building and Safety.

If the construction of a wall or fence along shared property lines requires access on a neighboring property in order to provide an equivalent finish on the side of the wall or fence facing the neighboring property, and access is not granted by the neighboring property owner, documentation to this effect shall be provided to the Director of Community Development, or his or her designee.

This documentation shall be satisfactory to the Director of Community Development to relieve the requestor of the above requirement regarding the finish of the wall or fence on that side, and may include a written letter stating that access has not been granted, or proof that a request for access has been sent but no response has been provided.
-12-
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C. 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.

D. Front Yards: The maximum allowable height of a wall, fence, or hedge located within the first twenty percent (20%) of the front yard, measured from the front lot line shall be three feet (3').

The maximum allowable height of a wall, fence, or hedge located within the front yard at a distance from the front lot line of more than twenty percent (20%) of the front setback shall be six feet (6'); provided, however, any portion of such wall, fence, or hedge that exceeds three feet (3') in height shall be open to public view.

E. Side Yards: The maximum allowable height for that portion of a wall, fence, or hedge located in both a side yard and a front yard shall be six feet (6'); provided, however, that any portion of such wall, fence, or hedge that exceeds three feet (3') in height shall be open to public view.

The maximum allowable height for that portion of a wall, fence, or hedge located in a side yard, but not in a front yard, shall be seven feet (7'), except that the maximum allowable height shall be eight feet (8') for such a wall, fence, or hedge located within five feet (5') of a rear lot line and parallel to such rear lot line.

Notwithstanding the provisions of this subsection, in no event shall a hedge exceed the maximum height permitted pursuant to subsection F of this section.

F. Rear Yards: The maximum allowable height for a fence, wall or hedge located in a rear yard shall be eight feet (8').
-13-
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Notwithstanding the provisions of this subsection, in no event shall a hedge exceed the maximum height permitted pursuant to subsection F of this section.

G. Height Limit For Fences And Hedges Meeting Certain Criteria:” Section 12. The City Council hereby amends Section 10-3-2814 of Article 28 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code to read as follows, with all other provisions in Section 10-3-2814 remaining in place without amendment:
“B. Finish: A wall or fence located within five feet (5’) of a property line and approximately parallel to that property line shall have a finished appearance in a similar manner on both sides. Acceptable finish treatments include colored stucco, wood stain, natural or polished stone, slumpstone, split-faced concrete block, prefabricated finish texture, color coated tubular steel or wrought iron, or a combination thereof. Plain or colored concrete block masonry shall be permitted only if coated with colored stucco or other coating finish approved by the Director of Building and Safety.

If the construction of a wall or fence along shared property lines requires access on a neighboring property in order to provide an equivalent finish on the side of the wall or fence facing the neighboring property, and access is not granted by the neighboring property owner, documentation to this effect shall be provided to the Director of Community Development, or his or her designee.

This documentation shall be satisfactory to the Director of Community Development to relieve the requestor of the above requirement regarding the finish of the wall or fence on that side, and may include a written letter stating -14-
B0785-0001\2654262v1.doc
that access has not been granted, or proof that a request for access has been sent but no response has been provided.

C. 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.

D. Front Yards: The maximum allowable height of a wall, fence, or hedge located within the first twenty percent (20%) of the front yard, measured from the front line of the lot, shall be three feet (3').

The maximum allowable height of a wall, fence, or hedge located within the front yard at a distance from the front lot line of more than twenty percent (20%) of the front setback shall be six feet (6'); provided, however, that any portion of such wall, fence, or hedge which exceeds three feet (3') in height shall be open to public view.

E. Side Yards: The maximum allowable height for that portion of a wall, fence, or hedge located in both a side yard and a front yard shall be six feet (6'); provided, however, that any portion of such wall, fence, or hedge which exceeds three feet (3') in height shall be open to public view.

The maximum allowable height for that portion of a wall, fence, or hedge located in a side yard, but not in a front yard, shall be seven feet (7') except that the maximum allowable height shall be eight feet (8') for such a wall, fence, or hedge located within five feet (5') of a rear lot line and parallel to such rear lot line.

F. Rear Yards: The maximum allowable height for a wall, fence, or hedge located solely in a rear yard shall be eight feet (8').” -15-
B0785-0001\2654262v1.doc
Section 13. 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.

Section 14. 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 36933 of the Government Code, shall certify to the adoption of this Ordinance, and shall cause this Ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City.

Section 15. 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:

LILI BOSSE
Mayor of the City of Beverly Hills
ATTEST:
(SEAL)

HUMA AHMED
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

LAURENCE S. WIENER
City Attorney

GEORGE CHAVEZ
City Manager

RYAN GOHLICH, AICP
Director of Community Development
Attachment 2
Planning Commission Resolution No.
1973
1 RESOLUTION NO. 1973

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF BEVERLY HILLS RECOMMENDING ADOPTION OF

AN ORDINANCE OF THE CITY OF BEVERLY HILLS TO

AMEND THE BEVERLY HILLS MUNICIPAL CODE TO

CLARIFY OR ADD LANGUAGE RELATED TO

DEVELOPMENT PLAN REVIEW EXEMPTIONS FOR

INCREASES IN BUILDING HEIGHT, THE ALLOWABLE

HEIGHT EXEMPTION FOR ROOFTOP ELEVATOR

ENCLOSURES ON COMMERCIAL BUILDINGS, THE

ALLOWABLE HEIGHT EXEMPTION FOR ROOFTOP
DECKING MATERIALS AND PARAPETS ON MULTIFAMILY RESIDENTIAL BUILDINGS, THE ALLOWABLE ROOFTOPS USES AND STRUCTURES FOR A MULTIFAMILY RESIDENTIAL AND MIXED USE BUILDING, THE

DEFINITION OF A PRIVATE TRAINING CENTER, AND

REQUIREMENTS FOR A FENCE OR WALL FINISHES
WHEREAS, the Planning Commission has considered the proposed Amendments to the City of Beverly Hills Municipal Code, as set forth and attached hereto as Exhibit A (the “Amendments”); and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on February 24, 2022, at which times it received oral and documentary evidence relative to the proposed Amendments; and
WHEREAS, the Planning Commission finds that the proposed Amendments are required because of the benefit to the public interest, health, safety, morals, peace, comfort, convenience, or general welfare, and that such Amendments are consistent with the general objectives, principles, and standards of the General Plan. 









 


2 NOW, THEREFORE, the Planning Commission of the City of Beverly Hills hereby finds, resolves, and determines as follows:

Section 1. The Amendments have 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 City’s Local CEQA Guidelines (hereafter the “Guidelines”). The Planning Commission finds that adoption of the Amendments will not have a significant environmental impact, and the Amendments are exempt from CEQA pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations. The exemption in Section 15061(b)(3) is applicable to projects for which it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Due to the fact that the proposed Amendments involve minor changes to land use regulations, and do not involve physical alterations of land or structures, these exemptions are applicable. Therefore, the Planning Commission hereby recommends that the City Council find that the Amendments are exempt from CEQA pursuant to CEQA Guidelines Sections 15061(b)(3). Further, as a separate and independent basis, the Amendments reflect minor changes in land use limitations, and thus the Planning Commission also recommends that the City Council find that the Amendments are exempt from CEQA pursuant to Section 15305 of the California Code of Regulations.

Section 2. The Amendments are consistent with the objectives, principles, and standards of the General Plan. General Plan Goal LU 3 – Managed Change calls for orderly and well-planned change to the community that provides for the needs of existing and future residents 









 


3 and business, effective and equitable provision of public services, and makes efficient use of land and infrastructure. Amending the zoning code to clarify language and align it with current practices will contribute to creating orderly change to the community by providing clear rules to regulate land use. Additionally, periodic modifications to the code will contribute to the provision of effective public services in that accurate and understandable land use rules will be available for the use in the community. General Plan Policy LU 16.11 – Community Engagement encourages engaging all segments of the community in planning decisions. It calls for the maintenance and enhancement of the public involvement process to assure transparency and enable the public to be well-informed. Amending the code periodically to address inconsistencies and to align the code with current City practice ensures that the code is legible and accurate, which enhances the ability of the public to understand regulations that govern development projects. For these reasons, the public interest, health, safety, morals, peace, comfort, convenience, and general welfare of the City requires adoption of the Amendments.

Section 3. The Planning Commission does hereby recommend to the City Council the adoption of an ordinance approving and enacting the proposed Amendments substantially as set forth in Exhibit A, which is attached hereto and incorporated herein by reference.
//
//
//
//










 


4 Section 4. 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: February 24, 2022
Andrew Licht
Chair of the Planning Commission of the
City of Beverly Hills
Attest:

Timothea Tway, AICP
Secretary of the Planning Commission
Approved as to form: Approved as to content:

David M. Snow Timothea Tway, AICP
Assistant City Attorney City Planner
Community Development Department
EXHIBIT A: Draft Ordinance










 


5 EXHIBIT A










 



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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.

CITY OF BEVERLY HILLS )
I, KAREN MYRON, Recording Secretary of the Planning Commission of the City of Beverly Hills, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. 197 duly passed, approved and adopted by the Planning Commission of said City at a meeting of said Commission on February , 2022, 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: Commissioners Ross, Demeter, Ostroff, Vice Chair Hudnut, Chair Licht NOES: None
ABSTAIN: None
ABSENT: None
________________________________

KAREN MYRON
Recording Secretary of the
Planning Commission
City of Beverly Hills, California










 


Certificate Of Completion
Envelope Id: C379954747E94D798F3F5F0D550BE7A6 Status: Completed Subject: Please DocuSign: PC Reso 1973 - Code Cleanup Feb 2022.pdf Source Envelope:

Document Pages: 22 Signatures: 5 Envelope Originator:

Certificate Pages: 2 Initials: 0 Karen Myron
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.166
Record Tracking
Status: Original
3/18/2022 2:02:29 PM
Holder: Karen Myron
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Andrew Licht
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 172.90.235.66
Sent: 3/18/2022 2:05:58 PM
Viewed: 3/22/2022 11:53:52 AM
Signed: 3/22/2022 11:53:58 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
David M. Snow
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 67.241.79.157
Sent: 3/22/2022 11:54:00 AM
Viewed: 3/22/2022 12:36:09 PM
Signed: 3/22/2022 12:36:36 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Timothea Tway
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 75.85.168.191
Sent: 3/22/2022 12:36:37 PM
Viewed: 3/22/2022 12:41:11 PM
Signed: 3/22/2022 12:41:27 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Karen Myron
[email protected]

COMM DEV COMMISSION SPECIALIST,

CD-PLANNING
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.166
Sent: 3/22/2022 12:41:29 PM
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In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
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Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 3/18/2022 2:05:58 PM
Certified Delivered Security Checked 3/22/2022 1:18:17 PM Signing Complete Security Checked 3/22/2022 1:22:06 PM
Completed Security Checked 3/22/2022 1:22:06 PM
Payment Events Status Timestamps
Attachment 3
Draft Redline Ordinance
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ORDINANCE NO. 22-O-_______

AN ORDINANCE OF THE CITY OF BEVERLY HILLS TO

AMEND THE BEVERLY HILLS MUNICIPAL CODE TO

CLARIFY OR ADD LANGUAGE RELATED TO

DEVELOPMENT PLAN REVIEW EXEMPTIONS FOR

INCREASES IN BUILDING HEIGHT, THE ALLOWABLE

HEIGHT EXEMPTION FOR ROOFTOP ELEVATOR

ENCLOSURES ON COMMERCIAL BUILDINGS, THE

ALLOWABLE HEIGHT EXEMPTION FOR ROOFTOP
DECKING MATERIALS AND PARAPETS ON MULTIFAMILY RESIDENTIAL BUILDINGS, THE ALLOWABLE

ROOFTOPS USES AND STRUCTURES FOR MULTI-FAMILY

RESIDENTIAL AND MIXED USE BUILDINGS, THE

DEFINITION OF A PRIVATE TRAINING CENTER, AND

REQUIREMENTS FOR A FENCE OR WALL FINISHES

THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY ORDAINS AS FOLLOWS:

Section 1. On _________, 2022, the Planning Commission held a duly noticed public hearing after which it adopted Resolution No._____ recommending that the City Council amend portions of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code to modify language to provide greater clarity in the application of code provisions, and to align code language with current practices (collectively, the “Amendments”). On _______, the City Council held a duly noticed public hearing, received public testimony, and thereafter introduced this Ordinance.

Section 2. This
Ordinance and the Amendments were 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. There is no possibility that the proposed code Amendments that are not related to any specific development proposal may have a significant effect on the environment because the modifications do not enable any physical changes in the -2-
environment. Therefore the City Council finds that the Amendments are exempt from CEQA pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations because it can be seen with certainty that there is no possibility that the activity in question would have a significant effect on the environment. Further, as a separate and independent basis, the Amendments reflect minor changes in land use limitations, and thus are found exempt from CEQA pursuant to Section 15305 of the California Code of Regulations.

Section 3. The Amendments are consistent with the objectives, principles, and standards of the General Plan. General Plan Goal LU 3 – Managed Change calls for orderly and well-planned change to the community that provides for the needs of existing and future residents and business, effective and equitable provision of public services, and makes efficient use of land and infrastructure. Amending the zoning code to clarify language and align it with current practices will contribute to creating orderly change to the community by providing clear rules to regulate land use. Additionally, periodic modifications to the code will contribute to the provision of effective public services in that accurate and understandable land use rules will be available for the use in the community. General Plan Policy LU 16.11 – Community Engagement encourages engaging all segments of the community in planning decisions. It calls for the maintenance and enhancement of the public involvement process to assure transparency and enable the public to be well-informed. Amending the code periodically to address inconsistencies and to align the code with current City practice ensures that the code is legible and accurate, which enhances the ability of the public to understand regulations that govern development projects.

Section 4. The City Council hereby amends Section 10-3-3100 of Article 31 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code by amending subsection “H.” to read as follows, with all other provisions of 10-3-3100 remaining in place without amendment:
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“H. All projects that would increase the height of a structure or building more than twenty-four (24) inches, but not exceeding the maximum height limit otherwise applicable to the zone nor resulting in an additional story, unless the addition or alteration is specified in this chapter as an element not considered when determining building height.”
Section 5. The City Council hereby amends Section 10-3-100 of Article 1 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code by amending subsection “A.3.” of the definition of “Height of Building” for Nonresidential Zones to read as follows, with all other definitions in Section 10-3-100 remaining unchanged:
“3. Structures enclosing elevator equipment and/or elevator lobbies if such structures are not higher than fifteen twenty feet (15 20') above the adjacent roof deck and are not larger than the shaft of the elevator or elevators and their respective lobby areas, provided such lobby areas comply with the provisions of subsection A.2. of the definition of Floor Area, and if such structure is used for no purpose other than providing the minimum space required for the elevators and their equipment and such lobby areas.”
Section 6. The City Council hereby amends Section 10-3-100 of Article 1 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code by amending subsection “B.7” and adding a new subsection “B.10.” under the definition of “Height of Building” for Multiple-Family Residential Zones to read as follows, with all other definitions in Section 10-3-100 remaining unchanged:
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“7. Unoccupied architectural features, such as skylights and clerestories, and rooftop structures such as shade structures and trellises, not more than ten feet (10') in height as measured from the adjacent roof deck if such features do not exceed thirty three percent (33%) of the roof area upon which they are located, and no such feature exceeds or intersects a line projecting from the perimeter of the roof upward at an angle of forty five degrees (45°) from the horizontal.

10. The addition of rooftop decking materials up to a height of twelve inches (12”), as measured from the adjacent roof deck, and an equivalent increase in the height of the parapet wall, on the rooftop of an existing multiple-family residential building.”
Section 7. The City Council hereby amends Section 10-3-1880 of Article 18.7 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code to read as follows:
“10-3-1880: HEIGHT LIMIT:

A building in the MU Overlay Zone shall not be constructed, altered, or enlarged so that it is taller than the heights set forth as follows and as displayed in the Mixed Use Overlay Zone Height District Map maintained by the Department of Community Development:

A. Height District A: A maximum height of forty five feet (45') and three (3) stories is permitted for properties adjacent to any single-family residential zones and/or multi-family residentially zoned properties located in multi-family height district A, as noted in section 10-3-2804 of this chapter. -5-
B. Height District B: A maximum height of forty five feet (45') and four (4) stories is permitted for properties adjacent to multi-family residentially zoned properties located in multi-family height district B, as noted in section 10-3-2804 of this chapter.

C. Height District C: A maximum height of fifty five feet (55') and five (5) stories is permitted for properties adjacent to multi-family residentially zoned properties located in multi-family height district C, as noted in section 10-3-2804 of this chapter, or other properties in existing mixed use overlay zones.

When a mixed use development is located adjacent to more than one residential zone, the residential zone allowing the shortest height shall dictate the maximum height allowed for the mixed use development. The height of a mixed use development shall be measured pursuant to the definition of “Height of Building” for Multiple-Family Residential Zones in section 10-3-100 of this chapter.

For the purposes of applying the provisions of Government Code Section 65915, the height limitations and story limitations set forth in this article shall be considered separate requirements.”
Section 8. The City Council hereby amends Section 10-3-100 of Article 1 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code by amending the definition of “Private Training Center” to read as follows, with all other definitions in the section remaining unchanged:
“PRIVATE TRAINING CENTER: A facility used for individual or small group exercise or training activities, where, during exercise or physical training -6-
activities, there is an on site ratio of students to instructor and/or trainer of no more than five to one (5:1) and no more than fifteen (15) people, including instructors and trainers, in which students and instructor(s) engage in exercise or training activities at any one time. Private training centers may include but are not limited to facilities that host group exercise classes for a limited number of attendees such as yoga, pilates, spinning, or personal training, and shall comply with the regulations of this chapter. "Private training center" does not include any facility that is accessory to a public educational institution or accessory to a private educational institution that is included on the list of private schools prepared pursuant to Education Code section 33190.”
Section 9. The City Council hereby amends Section 10-3-2420 of Article 24 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code to read as follows, with all other provisions in Section 10-3-2420 remaining in place without amendment:
“B. Finish: A wall or fence located within five feet (5’) of a property line and approximately parallel to that property line shall have a finished appearance in a similar manner on both sides. Acceptable finish treatments include colored stucco, wood stain, natural or polished stone, slumpstone, split-faced concrete block, prefabricated finish texture, color coated tubular steel or wrought iron, or a combination thereof. Plain or colored concrete block masonry shall be permitted only if coated with colored stucco or other coating finish approved by the Director of Building and Safety.
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If the construction of a wall or fence along shared property lines requires access on a neighboring property in order to provide an equivalent finish on the side of the wall or fence facing the neighboring property, and access is not granted by the neighboring property owner, documentation to this effect shall be provided to the Director of Community Development, or his or her designee. This documentation shall be satisfactory to the Director of Community Development to relieve the requestor of the above requirement regarding the finish of the wall or fence on that side, and may include a written letter stating that access has not been granted, or proof that a request for access has been sent but no response has been provided.

B. C. 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. D. Front Yards: The maximum allowable height of a wall, fence, or hedge located within the first twenty percent (20%) of the front yard, measured from the front lot line, shall be three feet (3'). Walls and fences over eighteen inches (18") in height shall be set back a minimum of three feet (3') from the front lot line and landscaping shall be provided in the area between the wall or fence and the front lot line, except for paving, including driveways and walkways, that conforms to the requirements of section 10-3-2422 of this chapter.

The maximum allowable height of a wall, fence, or hedge located within the front yard at a distance from the front lot line of more than twenty percent -8-
(20%) of the front setback shall be six feet (6'); provided, however, any portion of such wall, fence, or hedge which exceeds three feet (3') in height shall be open to public view.

D. E. Side Yards: The maximum allowable height for that portion of a wall, fence, or hedge located in both a side yard and a front yard shall be six feet (6'); provided, however, that any portion of such wall, fence, or hedge which exceeds three feet (3') in height shall be open to public view.

The maximum allowable height for that portion of a wall, fence, or hedge located in a side yard, but not in a front yard, shall be seven feet (7'), except that the maximum allowable height shall be eight feet (8') for such a wall, fence, or hedge located within five feet (5') of a rear lot line and parallel to such rear lot line.

Furthermore, any portion of such wall, fence or hedge that exceeds three feet (3') in height and is located in a street side yard shall be open to public view or the wall, fence or hedge shall be set back an average of at least one foot (1') and no less than six inches (6") from the street side lot line for the purpose of providing landscaping on the street side of the wall.

E. F. Rear Yards: The maximum allowable height for a fence, wall or hedge located solely in a rear yard shall be eight feet (8').” Section 10. The City Council hereby amends Section 10-3-2516 of Article 25 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code to read as follows, with all other provisions in Section 10-3-2516 remaining in place without amendment:
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“B. Finish: A wall or fence located within five feet (5’) of a property line and approximately parallel to that property line shall have a finished appearance in a similar manner on both sides. Acceptable finish treatments include colored stucco, wood stain, natural or polished stone, slumpstone, split-faced concrete block, prefabricated finish texture, color coated tubular steel or wrought iron, or a combination thereof. Plain or colored concrete block masonry shall be permitted only if coated with colored stucco or other coating finish approved by the Director of Building and Safety.

If the construction of a wall or fence along shared property lines requires access on a neighboring property in order to provide an equivalent finish on the side of the wall or fence facing the neighboring property, and access is not granted by the neighboring property owner, documentation to this effect shall be provided to the Director of Community Development, or his or her designee. This documentation shall be satisfactory to the Director of Community Development to relieve the requestor of the above requirement regarding the finish of the wall or fence on that side, and may include a written letter stating that access has not been granted, or proof that a request for access has been sent but no response has been provided.

B. C. 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.
-10-
C. D. 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-1 Permit: Notwithstanding the provisions of this subsection C, a reviewing authority may issue a Hillside R-1 permit to permit a wall of no more than six feet (6') in height to encroach into a front yard or street side yard without otherwise complying with the requirements of this subsection C.

2. Minor Accommodation: Notwithstanding the provisions of this subsection C, a reviewing authority may issue a minor accommodation permit pursuant to article 36 of this chapter to allow a wall or fence of up to six feet (6') in height to be located between three feet (3') and ten feet (10') from a front lot line or street side lot line, provided that the wall or fence is open to public view and provided that the reviewing authority finds that the wall or fence will not have a substantial adverse impact on the scale and massing of the streetscape or the garden quality of the City. -11-
D. E. 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 section 10-3-100 of this chapter. 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. F. 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.”
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Section 11. The City Council hereby amends Section 10-3-2616 of Article 26 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code to read as follows, with all other provisions in Section 10-3-2616 remaining in place without amendment:
“B. Finish: A wall or fence located within five feet (5’) of a property line and approximately parallel to that property line shall have a finished appearance in a similar manner on both sides. Acceptable finish treatments include colored stucco, wood stain, natural or polished stone, slumpstone, split-faced concrete block, prefabricated finish texture, color coated tubular steel or wrought iron, or a combination thereof. Plain or colored concrete block masonry shall be permitted only if coated with colored stucco or other coating finish approved by the Director of Building and Safety.

If the construction of a wall or fence along shared property lines requires access on a neighboring property in order to provide an equivalent finish on the side of the wall or fence facing the neighboring property, and access is not granted by the neighboring property owner, documentation to this effect shall be provided to the Director of Community Development, or his or her designee. This documentation shall be satisfactory to the Director of Community Development to relieve the requestor of the above requirement regarding the finish of the wall or fence on that side, and may include a written letter stating that access has not been granted, or proof that a request for access has been sent but no response has been provided.
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B. C. 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. D. Front Yards: The maximum allowable height of a wall, fence, or hedge located within the first twenty percent (20%) of the front yard, measured from the front lot line shall be three feet (3').

The maximum allowable height of a wall, fence, or hedge located within the front yard at a distance from the front lot line of more than twenty percent (20%) of the front setback shall be six feet (6'); provided, however, any portion of such wall, fence, or hedge that exceeds three feet (3') in height shall be open to public view.

D. E. Side Yards: The maximum allowable height for that portion of a wall, fence, or hedge located in both a side yard and a front yard shall be six feet (6'); provided, however, that any portion of such wall, fence, or hedge that exceeds three feet (3') in height shall be open to public view.

The maximum allowable height for that portion of a wall, fence, or hedge located in a side yard, but not in a front yard, shall be seven feet (7'), except that the maximum allowable height shall be eight feet (8') for such a wall, fence, or hedge located within five feet (5') of a rear lot line and parallel to such rear lot line.

Notwithstanding the provisions of this subsection, in no event shall a hedge exceed the maximum height permitted pursuant to subsection F of this section. -14-
E. F. Rear Yards: The maximum allowable height for a fence, wall or hedge located in a rear yard shall be eight feet (8').

Notwithstanding the provisions of this subsection, in no event shall a hedge exceed the maximum height permitted pursuant to subsection F of this section.

F. G. Height Limit For Fences And Hedges Meeting Certain Criteria:” Section 12. The City Council hereby amends Section 10-3-2814 of Article 28 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code to read as follows, with all other provisions in Section 10-3-2814 remaining in place without amendment:
“B. Finish: A wall or fence located within five feet (5’) of a property line and approximately parallel to that property line shall have a finished appearance in a similar manner on both sides. Acceptable finish treatments include colored stucco, wood stain, natural or polished stone, slumpstone, split-faced concrete block, prefabricated finish texture, color coated tubular steel or wrought iron, or a combination thereof. Plain or colored concrete block masonry shall be permitted only if coated with colored stucco or other coating finish approved by the Director of Building and Safety.

If the construction of a wall or fence along shared property lines requires access on a neighboring property in order to provide an equivalent finish on the side of the wall or fence facing the neighboring property, and access is not granted by the neighboring property owner, documentation to this effect shall be provided to the Director of Community Development, or his or her designee. This documentation shall be -15-
satisfactory to the Director of Community Development to relieve the requestor of the above requirement regarding the finish of the wall or fence on that side, and may include a written letter stating that access has not been granted, or proof that a request for access has been sent but no response has been provided.

B. C. 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. D. Front Yards: The maximum allowable height of a wall, fence, or hedge located within the first twenty percent (20%) of the front yard, measured from the front line of the lot, shall be three feet (3').

The maximum allowable height of a wall, fence, or hedge located within the front yard at a distance from the front lot line of more than twenty percent (20%) of the front setback shall be six feet (6'); provided, however, that any portion of such wall, fence, or hedge which exceeds three feet (3') in height shall be open to public view.

D. E. Side Yards: The maximum allowable height for that portion of a wall, fence, or hedge located in both a side yard and a front yard shall be six feet (6'); provided, however, that any portion of such wall, fence, or hedge which exceeds three feet (3') in height shall be open to public view.

The maximum allowable height for that portion of a wall, fence, or hedge located in a side yard, but not in a front yard, shall be seven feet (7') except that the maximum allowable height shall be eight feet (8') for such a wall, -16-
fence, or hedge located within five feet (5') of a rear lot line and parallel to such rear lot line.

E. F. Rear Yards: The maximum allowable height for a wall, fence, or hedge located solely in a rear yard shall be eight feet (8').” Section 13. 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.

Section 14. 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 36933 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.
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Section 15. 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:

LILI BOSSE
Mayor of the City of Beverly Hills
ATTEST:
_______________________________(SEAL)

HUMA AHMED
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

LAURENCE S. WIENER
City Attorney

GEORGE CHAVEZ
City Manager

RYAN GOHLICH, AICP
Director of Community Development
Attachment 4
Public Comments (from 4/12 City
Council Meeting and Planning
Commission Hearing)
From: Darian Bojeaux
To: City Clerk
Subject: F-2 Increasings in Building Height
Date: Tuesday, April 12, 2022 6:44:23 PM
CAUTION: External Sender
Use caution when clicking links or opening attachments
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There isn’t much in the agenda report because this item will be continued to April 26, but I reviewed these proposed height increases when they came before the Planning Commission, which ignored all public input.

The proposed 10’ increase in building height for an elevator is based upon the claim that some elevator systems require extra height. 10’ is a significant height raise—almost 1/4 of the height limit for commercial buildings in our city, and these elevators are often in residents’ view. Therefore the height for elevators should only be increased if the builder can demonstrate that the extra height is needed and will in fact be utilized for a superior elevator system.

Darian Bojeaux
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Please read my following comment at the planning commission study session. Thank you.

Regarding the Elevator Height Exemption, BHMC §10-3-100, height of building definition subsection A.3.

Contrary to staff’s conclusion, a 5’ height increase does result in a substantial visual massing change, and should not be allowed absent proof that an additional 5’ will be needed and used for a superior elevator, and that the height will be reduced when no longer needed. The higher the building, the less attractive it is, and over time, products are improved to take up less space—not more.

Darian Bojeaux