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AGENDA REPORT
Meeting Date: May 10, 2022
Item Number:
To: Honorable Mayor & City Council
From: Laurence S. Wiener, City Attorney
Subject: AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING 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. Ordinance
RECOMMENDATION
It is recommended that the City Council move to waive the full reading and adopt the ordinance entitled: “AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING 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.”
INTRODUCTION
At its meeting of April 26, 2022, the City Council conducted a first reading of this ordinance and introduced it.
D-3
Meeting Date: May 10, 2022
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DISCUSSION
This ordinance amends several sections in the zoning chapter of the Beverly Hills Municipal Code (“Code”), including small semantic changes, minor modification of regulations to conform to existing City practice or accepted building standards and practices, and removal or addition of Code language that will make the original intent of various Code sections clearer. The amendments do not consist of substantive changes to the Code, and will provide additional flexibility for activities related to property maintenance and minor improvements.
FISCAL IMPACT
There is no anticipated fiscal impact related to this ordinance.
Laurence S. Wiener,
City Attorney
Approved By
Attachment 1
ORDINANCE NO. 22-0-
AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDINGTHE BEVERLY HILLS MUNICIPAL CODE TO CLARIFY OR ADD
LANGUAGE RELATED TO DEVELOPMENT PLAN REVIEWEXEMPTIONS FOR INCREASES TN BUILDING HEIGHT, THE
ALLOWABLE HEIGHT EXEMPTION FOR ROOFTOP ELEVATORENCLOSURES ON COMMERCIAL BUILDINGS, THE ALLOWABLE
HEIGHT EXEMPTION FOR ROOFTOP DECKING MATERIALS AND
PARAPETS ON MULTI-FAMILY RESIDENTIAL BUILDINGS, THEALLOWABLE ROOFTOPS USES AND STRUCTURES FOR MULTIFAMILY RESIDENTIAL AND MIXED USE BUILDINGS, THEDEFINITION OF A PRIVATE TRAINING CENTER, ANDREQUIREMENTS 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 amendportions 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 StateCEQA 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 changesin the environment. Therefore the City Council finds that the Amendments are exempt fromCEQA pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations becauseit can be seen with certainty that there is no possibility that the activity in question would have a —1—
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 residentsand business, effective and equitable provision of public services, and makes efficient use of landand 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 provisionof effective public services in that accurate and understandable land use rules will be available forthe use in the community. General Plan Policy LU 16.11 — Community Engagement encourages engaging all segments of the community in planning decisions. R calls for the maintenance andenhancement 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 codewith current City practice ensures that the code is legible and accurate, which enhances the abilityof the public to understand regulations that govern development projects.
Section 4. The City Council hereby amends Section 10-3-3 100 of Article 31 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code by amending subsection “H.” to readas follows, with all other provisions of 10-3-3 100 remaining in place without amendment:
“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 -2-
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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 ofthe 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 (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, -3-
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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-familyresidential 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 penriitted for properties adjacent to any single-family residential zonesand/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 zonedproperties 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 -4-
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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 TrainingCenter” 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 notlimited 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. ttPrivate 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.”
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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 coloredstucco, 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 bepermitted only if coated with colored stucco or other coating finish approved by the Director of Building and Safety.
Ifthe construction of a wall or fence along shared property lines requires accesson a neighboring property in order to provide an equivalent finish on the sideof the wall or fence facing the neighboring property, and access is not granted by the neighboring property owner, documentation to this effect shall beprovided 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.
C. Supporting Elements: No column, pillar, post, or other supporting elementof a wall or fence shall be more than twenty four inches (24”) in width.
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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 confonrs 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 ofmore than twenty percent (20%) ofthe front setback shall be six feet (6’); provided, however, any portion ofsuch wall, fence, or hedge which exceeds three feet (3’) in height shall be open topublic 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 ofsuch 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, orhedge 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 -7-
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the wall, fence or hedge shall be set back an average of at least one foot (11) and no less than six inches (6”) from the street side lot line for the purpose ofproviding 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 10-3-25 16 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 ina similar manner on both sides. Acceptable finish treatments include coloredstucco, 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 bepermitted only if coated with colored stucco or other coating finish approved by the Director of Building and Safety.
Ifthe construction of a wall or fence along shared property lines requires accesson a neighboring property in order to provide an equivalent finish on the sideof the wall or fence facing the neighboring property, and access is not granted by the neighboring property owner, documentation to this effect shall beprovided to the Director of Community Development, or his or her designee.
This documentation shall be satisfactory to the Director of CommunityDevelopment to relieve the requestor of the above requirement regarding the -8-
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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 sentbut no response has been provided.
C. Supporting Elements: No column, pillar, post, or other supporting elementof 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 threefeet (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 streetside 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 streetside 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 pennit 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 -9-
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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 closestto the property line.
F. Series Of Walls: If a series of walls, or portions of a wall, are constructedon 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 ofseven 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 wallsegments.” -10-
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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 10-3-26 16 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 ina similar manner on both sides. Acceptable finish treatments include colored stucco, wood stain, natural or polished stone, slumpstone, split-faced concreteblock, 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 approvedby 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 proofthat a request for access has been sentbut no response has been provided.
C. Supporting Elements: No column, pillar, post, or other supporting elementof a wall or fence shall be more than twenty four inches (24) in width. —11—
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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 ofmore than twenty percent (20%) ofthe front setback shall be six feet (6’); provided, however, any portion ofsuchwall, fence, or hedge that exceeds three feet (3’) in height shall be open to publicview.
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 exceedsthree 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, orhedge 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’).
Notwithstanding the provisions of this subsection, in no event shall a hedge exceed the maximum height permitted pursuant to subsection F of this section. -12-
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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 10-3-28 14 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 ina similar manner on both sides. Acceptable finish treatments include coloredstucco, 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 bepermitted only if coated with colored stucco or other coating finish approvedby the Director of Building and Safety.If the construction of a wall or fence along shared property lines requires accesson a neighboring property in order to provide an equivalent finish on the sideof the wall or fence facing the neighboring property, and access is not granted by the neighboring property owner, documentation to this effect shall beprovided 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 thefinish of the wall or fence on that side, and may include a written letter stating that access has not been granted, or proofthat a request for access has been sentbut no response has been provided. -13-
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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 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 ofmore than twenty percent (20%) ofthe 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 ofsuch 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, orhedge 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 hedgelocated 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 -14-
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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 ofthe Government Code, shall certify to the adoption of this Ordinance, and shall cause this Ordinance and her certification, togetherwith 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 12:0 1 a.m. on the thirty-first (3 1st) day after its passage.
Adopted:
Effective:
LILT BOSSEMayor of the City of Beverly Hills
ATTEST:
(SEAL)
HUMA AHMEDCity Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
LAURENCE S. WIENER GEOR VEZCity Attorney City Manager
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Development
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