Item E-2 Agenda Report — Beverly Hills City Council, September 12, 2022

AGENDA REPORT
Meeting Date:

Item Number:

To:

From:

Subject:

Attachments: 1. Draft Ordinance

2. Planning Commission Resolution No. 1994

3. Redlined Code Sections

4. Public Comment Letters

RECOMMENDATION
Pursuant to the Planning Commission’s review and recommendation, staff recommends that the City Council move to waive 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 BEVERLY HILLS MUNICIPAL CODE SECTIONS RELATED TO THE

MAXIMUM ALLOWABLE HEIGHTS FOR WALLS, FENCES, AND HEDGES IN CERTAIN SINGLE FAMILY AND ALL MULTI-FAMILY RESIDENTIAL AREAS OF THE CITY.” The draft ordinance recommended by the Planning Commission is included in Attachment 1.

September 12, 2022
E-2
Honorable Mayor & City Council
Timothea Tway, AICP, City Planner
Reina Kapadia, AICP, Associate Planner

AN ORDINANCE OF THE CITY OF BEVERLY HILLS TO AMEND

BEVERLY HILLS MUNICIPAL CODE SECTIONS RELATED TO THE

MAXIMUM ALLOWABLE HEIGHTS FOR WALLS, FENCES, AND

HEDGES IN CERTAIN SINGLE-FAMILY AND ALL MULTI-FAMILY
RESIDENTIAL AREAS OF THE CITY; AND

CONSIDERATION OF A RECOMMENDATION TO FIND THE

PROJECT CATEGORICALLY EXEMPT FROM CEQA PURSUANT TO
SECTIONS 15061(B)(3) AND 15305 OF TITLE 14 OF THE
CALIFORNIA CODE OF REGULATIONS.

Meeting Date: September 12, 2022

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INTRODUCTION
On May 10, 2022, the City Council held a study session at the request of Councilmember Mirisch to discuss the rules governing the maximum height of walls, fences, and hedges in residential zones in the city. At this meeting, the City Council indicated that this issue was pressing as a safety concern, and provided direction to staff to work with the Planning Commission to discuss and draft an ordinance that would allow taller walls, fences, and hedges in rear yards in residential zones. This draft ordinance addresses only wall, fence, and hedge heights in rear yards and alley-facing side yards in single-family and multifamily zones in the Central Area (which encompasses the geographic areas of the City generally south of Sunset Boulevard), because these are the areas where increased heights can be implemented easily to enhance security while not significantly changing the character of the neighborhoods. Separately, the City Council provided direction to review wall, fence, and hedge heights in front yards and interior or street-side side yards with the Planning Commission, which the Planning Commission will undertake during the coming months. No changes are proposed in the Hillside Area and Trousdale Estates Area of the city as part of this ordinance, for reasons discussed further below.

City staff presented a study session report to the Planning Commission at its June 9, 2022 meeting summarizing the direction from City Council on this topic; the existing allowable heights of walls, fences, and hedges in four residential zones across the city (single-family properties in the Central, Hillside, and Trousdale Areas, and multi-family properties); heights allowed in neighboring jurisdictions; and recommendations for the Commission to consider. At this meeting, the Planning Commission conducted a public hearing and received public comment. Residents from Trousdale Estates expressed a desire to forgo any changes to regulations in that area of the city, as discussed further under the Discussion section of this report. Further, the Planning Commission briefly discussed the Hillside area and what changes, if any, would be appropriate for Hillside properties.

During this study session, the Planning Commission expressed support for increasing the height of walls and fences in the rear and alley-facing yards of single-family and multifamily residential properties in the Central Area of the city. The Commission also expressed support for increasing the height of hedges in the aforementioned single-family and multi-family residential zones in the Central Area and indicated that hedges could possibly be granted additional height over that which would be allowed for walls and fences. Lastly, the Commission requested to receive input from the Beverly Hills Police Department (BHPD) prior to continued deliberation on this matter, and directed staff to return to a future hearing with a draft ordinance incorporating this direction and the feedback from the BHPD.

Staff returned to the Planning Commission on July 28, 2022, with a draft ordinance based on the direction provided at the June 9, 2022 study session (Attachment 1). At this meeting, the Planning Commission discussed the draft ordinance, received public testimony, and adopted a resolution recommending adoption of the ordinance to the City Council (Attachment 2).

The draft ordinance is being presented at this time for the City Council’s review and first reading.

Meeting Date: September 12, 2022

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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 draft redlines to the applicable code section (Attachment 3) for the Council’s reference, in order to help clarify how the code sections will be modified.

At its July 28, 2022 hearing, the Planning Commission recommended the following amendments to the Beverly Hills Municipal Code:

Single-family residential zones in the Central Area of the city • Increase the maximum allowable height of a wall, fence, or hedge located in a rear yard (BHMC §10-3-2420.F)
o Currently allowed: 8 feet (for walls, fences, and hedges) o Recommendation:
 10 feet (10’) for walls and fences
 16 feet (16’) for hedges
o Reason for change: This provides an additional two feet (2’) of height for walls and fences, and an additional eight feet (8’) for hedges, which may provide additional security and privacy for private properties. Additional height for hedges is proposed since hedges are composed of softer, natural materials; the visual impact of hedges may be less severe, and may contribute to the garden quality of the city. Allowing taller hedges may also incentivize the use of hedges instead of walls.
• Increase the maximum allowable height for that portion of a wall, fence, or hedge located in a side yard and within five feet (5') of a rear lot line (BHMC §10-3-2420.E) o Currently allowed: 8 feet (for walls, fences, and hedges) o Recommendation:
 10 feet (10’) for walls and fences
 16 feet (16’) for hedges
o Reason for change: Allowing an increased height for a side yard wall or fence for that portion that is within 5’ of a rear lot line will provide an opportunity to create a design where the side yard wall or fence can be stepped up to match the height of the wall or fence along the rear lot line. • Increase the maximum allowable height of a wall, fence, or hedge located in a side yard, but not front yard, that is adjacent to an alley. o Currently allowed: 7 feet (for walls, fences, and hedges) o Recommendation:
 10 feet (10’) for walls and fences
 16 feet (16’) for hedges
o Reason for change: The general concern initially expressed by the City Council and community members related to security concerns along alleys.

Within the Central Area of the city, there are numerous properties that are bordered by an alley along both the rear and side property lines, which may be located adjacent to a commercial zone. Allowing for an increase in wall, Meeting Date: September 12, 2022

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fence, and hedge heights in these areas may provide similar security and privacy assurances as increased heights along the rear. The increase in height is proposed to be allowed along the side property line, however, not in the front yard of the property, in order to maintain the openness in the front yard areas that is the prevailing condition across the Central Area.

Multi-family residential zones in the Central Area of the city • Increase the maximum allowable height of a wall, fence, or hedge located in a rear yard (BHMC §10-3-2814.F)
o Currently allowed: 8 feet (for walls, fences, and hedges) o Recommendation:
 10 feet (10’) for walls and fences
 16 feet (16’) for hedges
o Reason for change: Proving an additional two feet (2’) of height for walls and fences, and an additional eight feet (8’) for hedges, may provide additional security and privacy for private properties. Additional height for hedges is proposed since hedges are composed of softer, natural materials; the visual impact of hedges may be less severe, and may contribute to the garden quality of the city. Allowing taller hedges may also incentivize the use of hedges instead of walls.
• Increase the maximum allowable height for that portion of a wall, fence, or hedge located in a side yard, but not in a front yard, and located within five feet (5') of a rear lot line (BHMC §10-3-2814.E)
o Currently allowed: 8 feet (for walls, fences, and hedges) o Recommendation:
 10 feet (10’) for walls and fences
 16 feet (16’) for hedges
o Reason for change: Allowing an increased height for a side yard wall or fence for that portion that is within 5’ of a rear lot line will provide an opportunity to create a design where the side yard wall or fence can be stepped up to match the height of the wall or fence along the rear lot line. • Increase the maximum allowable height of a wall, fence, or hedge located in a side yard, but not front yard, that is adjacent to an alley. o Currently allowed: 7 feet (for walls, fences, and hedges) o Recommendation:
 10 feet (10’) for walls and fences
 16 feet (16’) for hedges
o Reason for change: The general concern initially expressed by the City Council and community members related to security concerns along alleys.

Meeting Date: September 12, 2022

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Trousdale Estates Area of the city
At the Planning Commission study session on June 9, 2022, two representatives from the Trousdale Estates Homeowners Association provided oral public comment to the Commission regarding the inapplicability of the proposed regulation changes to the Trousdale Estates Area of the city, since lot configurations, development patterns, and grade differentials vary significantly from Trousdale Estates as compared to the Central Area of the city. The Commission concurred with this assessment and, accordingly, no regulation changes regarding walls, fences, or hedges, are proposed to the Trousdale Estates Area of the city as part of this ordinance.

Hillside Area of the city
The applicability of the draft ordinance as it relates to the Hillside Area of the city was also discussed at the June 9, 2022 Planning Commission study session. The development pattern, lot configurations, topography, and location of side and rear yards in the Hillside Area are also irregular, and the Planning Commission discussed but did not give strong direction whether amendments should be made to the Hillside Area regulations. Given that the Hillside Area shares certain similarities with the Trousdale Estates Area, and that any changes to wall, fence, and hedge heights should be crafted with the unique situations in the Hillside Area in mind, the Hillside Area has also been excluded from proposed regulation changes at this time. At the Planning Commission hearing for the draft ordinance on July 28, 2022, some Commissioners indicated an interest in further studying appropriate height increase regulations for the Hillside Area as part of a future ordinance.

Beverly Hills Police Department (BHPD) Input
At the June 9, 2022 Planning Commission study session on this item, the Commission expressed concern regarding the impact of the potential regulation changes on public safety and police operations in the community, and requested input from the BHPD. Prior to returning with the draft ordinance, staff reached out to the BHPD’s Community Outreach Manager who provided the following statement from the BHPD:
“The Planning Commission’s consideration of an increase of fence and hedge heights from 8 feet to 10 feet does not have an impact on BHPD’s response capabilities. Generally, opportunist criminals look for the path of least resistance and potential soft entry points to a property. Additional hardening of the target, with taller hedges and fences, may be a deterrent” (emphasis in original).

Chief Stainbrook appeared before the Planning Commission at its July 28, 2022, hearing, and testified that the draft ordinance changes would not adversely impact BHPD’s ability to patrol neighborhoods. He offered that additional height via walls or fences could reasonably provide more security as higher hard barriers would make access to private property by criminals more difficult. He added that higher hedges as a soft barrier may not provide the same level of security as a hard barrier (i.e., wall or fence) because hedge planting materials and densities can vary.

It should be noted that subsequent to the Planning Commission’s review and adoption of Resolution No. 1994, inadvertent typographical errors were identified in the draft ordinance, and have been corrected in the ordinance presented in Attachment 1. An inadvertent inclusion of the following paragraph has been deleted from Sections 10-3- 2814.D & 10-3-2814.E (because it did not originally appear in those code sections):
"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 Meeting Date: September 12, 2022

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wall.” Additionally, the draft ordinance in Attachment 1 and the redline code sections in Attachment 3 have been subsequently re-reviewed and some changes that were not previously captured have been carried over between these two attachments for accuracy and consistency. These changes have been determined not to be substantive changes, as they were not specifically presented to nor discussed by the Planning Commission.

The draft ordinance presented in Attachment 1 is substantially consistent with the ordinance reviewed and recommended by the Planning Commission.

GENERAL PLAN CONSISTENCY
The proposed amendments to the zoning code are consistent with the objectives, principles, and standards of the General Plan, as described briefly below.

General Plan Policy LU (Land Use) 2.9 – Public Safety. Require that development be located and designed to promote public safety by providing street-fronting uses, lighting, sightlines, and features that enhance community safety.

General Plan Policy LU (Land Use) 6.3 – Housing Scale and Mass. Regulate renovations of and additions to single-family housing to ensure that they do not adversely alter the contextual scale, mass, and design qualities of existing structures.

In line with these policies from the General Plan, the code amendments promote and enhance community safety without adversely altering the qualities of existing structures and neighborhoods. For these reasons, the public interest, health, safety, morals, peace, comfort, convenience, and general welfare of the City requires adoption of the amendments.

PUBLIC OUTREACH AND NOTIFICATION
A notice was published in the Beverly Hills Courier on July 8, 2022, and the Beverly Hills Weekly on July 14, 2022, as required by law.

Public Comment
Oral public comment from the Trousdale Estates representatives was delivered to the Planning Commission on June 9, 2022, as described in the body of this report. At the Planning Commission hearing on July 28, 2022, two individuals appeared before the Commission and received clarification to the applicability of the draft ordinance to their particular properties. One written public comment was received on July 15, 2022, expressing support for increasing the height of side and rear (alley-facing) walls. A second written public comment was received on September 1, 2022, regarding the public notice that was published in the newspapers. A third written public comment was received on September 6, 2022, highlighting the need for increased security in Trousdale Estates and asking the City Council to consider raising the height limit for gates in Trousdale Estates to eight feet (8’). All written public comments received are included in Attachment 4.

ENVIRONMENTAL ASSESSMENT
The draft ordinance has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. Since the project is not related to any specific development proposal and does not enable any physical changes in the environment, there is no possibility that it may have a significant effect on the environment.

In addition, the project reflects minor changes in land use limitations, and does not result in changes to land use or density. Accordingly, it is recommended that the City Council find the project categorically exempt from CEQA pursuant to Sections 15061(b)(3) and 15305 of Title 14 of the California Code of Regulations because it can be seen with Meeting Date: September 12, 2022

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certainty that there is no possibility that a change to the regulations related to walls, fences, and hedges would have a significant effect on the environment, and because the revisions are minor changes in land use limitations.

FISCAL IMPACT
As this item consists of a code amendment related to development standards on private property, no fiscal impact is anticipated.

Ryan Gohlich, AICP,
Director of Community Development
Approved By
Attachment 1
Draft Ordinance
B0785-0001\2713603v4.doc
ORDINANCE NO. 22-O-____

AN ORDINANCE OF THE CITY OF BEVERLY HILLS

TO AMEND BEVERLY HILLS MUNICIPAL CODE

SECTIONS RELATED TO THE MAXIMUM ALLOWABLE

HEIGHTS FOR WALLS, FENCES, AND HEDGES IN

CERTAIN SINGLE-FAMILY AND ALL MULTI-FAMILY

RESIDENTIAL AREAS OF THE CITY

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

Section 1. On May 10, 2022, the City Council conducted a study session to discuss the rules governing the maximum height of walls, fences, and hedges in residential zones in the city of Beverly Hills. This study session was held as a result of feedback from members of the community that the existing maximum heights allowed for walls, fences, and hedges do not provide sufficient safety protections for private residences. At this meeting, the City Council directed staff to work with the Planning Commission to discuss and draft an ordinance that would allow for taller walls, fences, and hedges in rear yards in residential zones.

Section 2. On June 9, 2022, the Planning Commission conducted a study session to discuss the topic of appropriate wall, fence, and hedge height limits, as directed by the City Council. On July 28, 2022, the Planning Commission held a duly noticed public hearing, after which it adopted Resolution No. 1994 recommending that the City Council adopt an Ordinance to amend the Beverly Hills Municipal Code to increase the maximum allowable height of walls, fences, and hedges in rear yards in single-family residential zones and multi-family residential zones in the Central Area of the city, as well as in a side yard that is adjacent to an alley, and for that portion of a wall, fence, or hedge located in a side yard and located within five feet of a rear -2-
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lot line in these zones. On September 12, 2022, the City Council held a duly noticed public hearing, received public testimony, and thereafter introduced this Ordinance.

Section 3. 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. The City Council finds that adoption of the Amendments will not have a significant environmental impact and is exempt from CEQA pursuant to Section 15305 of Title 14 of the California Code of Regulations because the Amendments represent minor alterations in land use limitations and do not result in any changes in land use or density. In addition, the Amendments are found to be exempt from further review under CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines, which is applicable to projects for which it can be seen with certainty that there is no potential to have a significant effect on the environment. Since the Ordinance makes changes to regulations pertaining to the height of walls, fences, and hedges, and since the project is not related to any specific development proposal and does not approve any physical changes in the environment, these exemptions are applicable.

Section 4. The Amendments are consistent with the objectives, principles, and standards of the General Plan. General Plan Policy LU (Land Use) 2.9 – Public Safety requires that development be located and designed to promote public safety by providing street-fronting uses, lighting, sightlines, and features that enhance community safety. Additionally, General Plan Policy LU 6.3 – Housing Scale and Mass seeks to regulate renovations of and additions to singlefamily housing to ensure that they do not adversely alter the contextual scale, mass, and design qualities of existing structures. In line with these policies from the General Plan, the Amendments -3-
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do not modify the wall, fence, or hedge regulations in front yards in order to retain street-fronting visibility, sightlines, and neighborhood character, while promoting public safety by increasing security on rear yards, and side yards adjacent to an alley, which will not adversely alter the qualities of existing structures and neighborhoods.

Section 5. 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:
"10-3-2420: WALLS, FENCES AND HEDGES:

In addition to any requirements imposed pursuant to title 9 of this code, a building permit shall be required for any wall or fence greater than six feet (6') in height and shall also be required for any wall or fence, regardless of its height, that is located in a front yard.

A. Thickness: No wall or fence shall exceed two feet (2') in thickness. Cavities or spaces within a wall or fence shall not be used for the support, storage, shelter, or enclosure of persons, animals, or personal property.

B. 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. -4-
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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.

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 -5-
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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 ten feet (10') for such a wall, fence, or hedge located within five feet (5') of a 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.

1. Side Yards Adjacent to an Alley: The maximum allowable height for a wall or fence located in a side yard adjacent to an alley shall be ten feet (10'), except for that portion of the wall or fence that is also located in the front yard, which shall be subject to the requirements of Section 10-3-2420.D of this chapter.
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The maximum allowable height for a hedge located in a side yard that is adjacent to an alley shall be sixteen feet (16'), except for that portion of the hedge that is also located in the front yard, which shall be subject to the requirements of Section 10-3-2420.D of this chapter.

F. Rear Yards: The maximum allowable height for a wall or fence located solely in a rear yard shall be ten feet (10').

The maximum allowable height for a hedge located solely in a rear yard shall be sixteen feet (16').”
Section 6. 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:
"10-3-2814: WALLS, FENCES AND HEDGES:

In addition to any requirements imposed pursuant to title 9 of this code or any other law, a building permit shall be required for any wall or fence greater than six feet (6') in height, and shall also be required for any wall or fence, regardless of its height, that is located in a front yard.

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.

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.

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 -8-
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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.

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 ten feet (10’) for such a wall or fence located within five feet (5') of a rear lot line. The maximum allowable height shall be sixteen feet (16') for such a hedge located within five feet (5') of a rear lot line.

The maximum allowable height for a hedge located in a side yard that is adjacent to an alley shall be sixteen feet (16'), except for that portion of the hedge that is also located in the front yard, which shall be subject to the requirements of Section 10-3-2814.D of this chapter.
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F. Rear Yards: The maximum allowable height for a wall or fence located solely in a rear yard shall be ten feet (10').

The maximum allowable height for a hedge located solely in a rear yard shall be sixteen feet (16').

Section 7. 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 8. 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. //
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Section 9. 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,
California
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. 1994
1 RESOLUTION NO.

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 AS IT

RELATES TO THE MAXIMUM ALLOWABLE HEIGHTS FOR
WALLS, FENCES, AND HEDGES IN CERTAIN SINGLEFAMILY AND ALL MULTI-FAMILY RESIDENTIAL AREAS

OF THE CITY
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 July 28, 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.

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

2 Section 1. 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. The City Council finds that adoption of the Amendments will not have a significant environmental impact and is exempt from CEQA pursuant to Section 15305 of Title 14 of the California Code of Regulations because the Amendments represent minor alterations in land use limitations and do not result in any changes in land use or density. In addition, the Amendments are found to be exempt from further review under CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines, which is applicable to projects for which it can be seen with certainty that there is no potential to have a significant effect on the environment. Since the Ordinance makes changes to regulations pertaining to the height of walls, fences, and hedges, and since the project is not related to any specific development proposal and does not approve any physical changes in the environment, these exemptions are applicable. 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 Policy LU (Land Use) 2.9 – Public Safety requires that development be located and designed to promote public safety by providing street-fronting uses, lighting, sightlines, and features that enhance community safety. Additionally, General Plan Policy LU 6.3 – Housing Scale and Mass seeks to regulate renovations of and additions to singlefamily housing to ensure that they do not adversely alter the contextual scale, mass, and design

3 qualities of existing structures. In line with these policies from the General Plan, the Amendments do not modify the wall, fence, or hedge regulations in front yards in order to retain street-fronting visibility, sightlines, and neighborhood character, while promoting public safety by increasing security on rear yards, and side yards adjacent to an alley, which will not adversely alter the qualities of existing structures and neighborhoods. 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.
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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: July 28, 2022
Myra Demeter, Ph.D.

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

[DRAFT] ORDINANCE NO. 22-O-____

AN ORDINANCE OF THE CITY OF BEVERLY HILLS

AMENDING THE BEVERLY HILLS MUNICIPAL CODE

AS IT RELATES TO THE MAXIMUM ALLOWABLE HEIGHTS
FOR WALLS, FENCES, AND HEDGES IN CERTAIN SINGLEFAMILY AND ALL MULTI-FAMILY RESIDENTIAL AREAS

OF THE CITY

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

recommending that the City Council adopt an Ordinance to amend the Beverly Hills Municipal Code to increase the maximum allowable height of walls, fences, and hedges in rear yards in single-family residential zones and multi-family residential zones in the Central Area of the city, as well as in a side yard that is adjacent to an alley, and for that portion of a wall, fence, or hedge located in a side yard and located within five feet of a rear

lot line in these zones. On ___________, 2022, the City Council held a duly noticed public hearing, received public testimony, and thereafter introduced this Ordinance.

Section 4. The Amendments are consistent with the objectives, principles, and standards of the General Plan. General Plan Policy LU (Land Use) 2.9 – Public Safety requires that development be located and designed to promote public safety by providing street-fronting uses, lighting, sightlines, and features that enhance community safety. Additionally, General Plan Policy LU 6.3 – Housing Scale and Mass seeks to regulate renovations of and additions to singlefamily housing to ensure that they do not adversely alter the contextual scale, mass, and design qualities of existing structures. In line with these policies from the General Plan, the Amendments do not modify the wall, fence, or hedge regulations in front yards in order to retain street-fronting

visibility, sightlines, and neighborhood character, while promoting public safety by increasing security on rear yards, and side yards adjacent to an alley, which will not adversely alter the qualities of existing structures and neighborhoods.

Section 5. 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:
"10-3-2420: WALLS, FENCES AND HEDGES:

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.

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.

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.

1. Side Yards Adjacent to an Alley: The maximum allowable height for a wall or fence located in a side yard adjacent to an alley shall be ten feet (10'), except for that portion of the wall or fence that is also located in the front yard, which shall be subject to the maximum allowable height of a wall or fence located in the front yard. The maximum allowable height for a hedge located in a side yard that is adjacent to an alley shall be sixteen feet (16'), except for that portion of the hedge that is also located in the front yard, which shall be subject to the maximum allowable height of a hedge located in the front yard.

F. Rear Yards: The maximum allowable height for a wall or fence located solely in a rear yard shall be ten feet (10').

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'). 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, 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 ten feet (10’) for such a wall or fence located within five feet (5') of a rear lot line. The maximum allowable height shall be sixteen (16') for such a hedge located within five feet (5') of a rear lot line.

F. Rear Yards: The maximum allowable height for a wall or fence located solely in a rear yard shall be ten feet (10').

The maximum allowable height for a hedge located solely in a rear yard shall be sixteen feet (16').

Section 9. 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,
California
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

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. 199 duly passed, approved and adopted by the Planning Commission of said City at a meeting of said Commission on July 28, 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 Wolfe, Kaplan, Ostroff, Vice Chair Ross, Chair Demeter NOES: None
ABSTAIN: None
ABSENT: None
________________________________

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

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Attachment 3
Redlined Code Sections
ARTICLE 24. SINGLE-FAMILY RESIDENTIAL DEVELOPMENT STANDARDS FOR

THE CENTRAL AREA OF THE CITY
10-3-2420: WALLS, FENCES AND HEDGES:

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.

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.

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.

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 ten feet (8'10’) for such a wall, fence, or hedge located within five feet (5') of a rear lot line and parallel to such rear lot line.

1. Side Yards Adjacent to an Alley: The maximum allowable height for a wall or fence located in a side yard adjacent to an alley shall be ten feet (10’), except for that portion of the wall or fence that is also located in the front yard, which shall be subject to the requirements of Section 10-3-2420.D of this chapter.

The maximum allowable height for a hedge located in a side yard that is adjacent to an alley shall be sixteen feet (16’), except for that portion of the hedge that is also located in the front yard, which shall be subject to the requirements of Section 10-3- 2420.D of this chapter.

F. Rear Yards: The maximum allowable height for a fence, wall or fence hedge located solely in a rear yard shall be eight feet ten feet (8'10’).

The maximum allowable height for a hedge located solely in a rear yard shall be sixteen feet (16’).

ARTICLE 28. MULTIPLE-FAMILY RESIDENTIAL DEVELOPMENT STANDARDS 10-3-2814: WALLS, FENCES AND HEDGES:

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.

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.

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.

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 ten feet (8'10’) for such a wall, or fence, or hedge located within five feet (5') of a rear lot line and parallel to such rear lot line. The maximum allowable height shall be sixteen feet (16’) for such a hedge located within five feet (5’) of a rear lot line.

F. Rear Yards: The maximum allowable height for a wall, or fence, or hedge located solely in a rear yard shall be eight feet ten feet (8'10’).

The maximum allowable height for a hedge located solely in a rear yard shall be sixteen feet (16’).

Attachment 4
Public Comment Letters
From:

To:

Subject: Fw: Ordinance amending allowable heights for walls fences and hedges Date: Friday, July 15, 2022 9:14:46 AM
From: Jill Goldner < >
Sent: Friday, July 15, 2022 9:11 AM
To: CommentPC <[email protected]>
Subject: Ordinance amending allowable heights for walls fences and hedges CAUTION: External Sender
Use caution when clicking links or opening attachments
________________________________
Dear Planning Commission:

Yes, I am in favor of increasing the height of side and back alley walls. What is the proposed allowable amount in your proposal? Most of the homes in Beverly Hills have not abided by the City codes and already have 10 - 14 feet walls. Why have City Codes when they are not enforced for all? Variances are made indiscriminating for certain homes and businesses. Why have codes for some but not all?
Perhaps you can make it less cumbersome and more tolerable to remove permits to build a wall, change your landscaping, put in a safety light?
Code enforcement happens only when you have a terrible neighbor that harasses you and workers and calls Code Enforcement. Fix the code system by revamping the codes for reasonable safety and health reasons for ALL Beverly Hills residents and businesses not just some.

Respectfully submitted,
Jill Goldner

From:

To:

Subject: FW: Comments for 9/12/22 Council Meeting Regarding Height Limits for Gates/Fences for Houses Date: Wednesday, September 7, 2022 12:31:36 PM
-----Original Message-----
From: Fred Rosenthal-Ametron < >
Sent: Tuesday, September 6, 2022 5:06 PM
To: City Clerk <[email protected]>
Subject: Comments for 9/12/22 Council Meeting Regarding Height Limits for Gates/Fences for Houses CAUTION: External Sender
Use caution when clicking links or opening attachments
________________________________
I own a house in Trousdale , Beverly Hills, CA 90210) and see that you are considering raising the height of gates for houses from 6' to 8'. I see that you folks are proposing to not include the hillside houses for this change.

In Trousdale, we need extra security measures like the flats of Beverly Hills. We have had robberies, murders, etc. I would ask that the council allow, on a case by case basis, allow up to 8' high gates so as not to obstruct a neighbor's view (which it typically won't since house heights are typically 14' high.

Thank you for your consideration. Fred Rosenthal
--
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FRED ROSENTHAL
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Beverly Hills City CouncilSeptember 12, 2022

Beverly Hills City Council
September 12, 2022