AGENDA REPORT
Meeting Date: May 7, 2024
Item Number:
To: Honorable Mayor & City Council
From: Laurence S. Wiener, City Attorney
Subject: AN ORDINANCE OF THE CITY OF BEVERLY HILLS TO AMEND THE BEVERLY HILLS MUNICIPAL CODE AND ZONING MAP:
CLARIFYING, ADDING, OR CORRECTING LANGUAGE RELATED
TO HILLSIDE R-1 PERMIT REQUESTS FOR A SERIES OF
WALLS; STATE LAW REQUIREMENTS FOR FAMILY DAYCARE
HOMES AND DENSITY BONUS; RELIGIOUS INSTITUTIONS;NOTIFICATION REQUIREMENTS FOR ADJACENT NEIGHBOR MAILED NOTICE AND THE VIEW RESTORATION PROCESS;MULTIFAMILY GUEST PARKING STANDARDS; NEW CODEGRAPHICS ILLUSTRATING EXISTING STANDARDS FOR
ACCESSORY STRUCTURE HEIGHT PLANE AND SERIES OF
WALLS; REMOVAL OF EXPIRED STANDARDS FOR PET
BOARDING FACILITIES; AND FINDING THE ORDINANCE TO BEEXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA)
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 TO AMEND THE BEVERLY HILLS MUNICIPAL CODE AND ZONING MAP:
CLARIFYING, ADDING, OR CORRECTING LANGUAGE RELATED TO HILLSIDE R-1 PERMIT REQUESTS FOR A SERIES OF WALLS; STATE LAW
REQUIREMENTS FOR FAMILY DAYCARE HOMES AND DENSITY BONUS;RELIGIOUS INSTITUTIONS; NOTIFICATION REQUIREMENTS FOR ADJACENTNEIGHBOR MAILED NOTICE AND THE VIEW RESTORATION PROCESS;MULTIFAMILY GUEST PARKING STANDARDS; NEW CODE GRAPHICS
ILLUSTRATING EXISTING STANDARDS FOR ACCESSORY STRUCTURE HEIGHT PLANE AND SERIES OF WALLS; REMOVAL OF EXPIRED STANDARDS
B0785-000l\2955557v1 .doc
Meeting Date: May 7, 2024
FOR PET BOARDING FACILITIES; AND FINDING THE ORDINANCE TO BEEXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).”
INTRODUCTION
At its meeting of April 16, 2024 the City Council conducted a first reading of this ordinance and introduced it, as amended.
DISCUSSION
This ordinance amends the Beverly Hills Municipal Code to update certain definitions, provisions, and regulations in order to improve clarity, eliminateambiguities and inconsistencies, and to address certain changes in state law.
FISCAL IMPACT
There is no anticipated direct fiscal impact related to the adoption of this ordinance.
The changes in the ordinance are non-substantive and administrative in nature to clarify and correct typos in the municipal code, streamline its implementation, and make it consistent with state law.
Laurence S. Wiener
City Attorney
Approved By
B0785-0001\2955557v1 .doc
Attachment
1 ORDINANCE NO. 24-0-
AN ORDINANCE OF THE CITY OF BEVERLY HILLS TO AMEND
THE BEVERLY HILLS MUNICIPAL CODE AND ZONING MAP:
CLARIFYING, ADDING, OR CORRECTING LANGUAGE
RELATED TO HILLSIDE R-1 PERMIT REQUESTS FOR A SERIESOF WALLS; STATE LAW REQUIREMENTS FOR FAMILYDAYCARE HOMES AND DENSITY BONUS; RELIGIOUS INSTITUTIONS; NOTIFICATION REQUIREMENTS FORADJACENT NEIGHBOR MAILED NOTICE AND THE VIEWRESTORATION PROCESS; MULTIFAMILY GUEST PARKING STANDARDS; NEW CODE GRAPHICS ILLUSTRATING
EXISTING STANDARDS FOR ACCESSORY STRUCTURE
HEIGHT PLANE AND SERIES OF WALLS; REMOVAL OFEXPIRED STANDARDS FOR PET BOARDING FACILITIES; AND
FINDING THE ORDINANCE TO BE EXEMPT UNDER THECALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) WHEREAS, The City of Beverly Hills (“City”) desires to adopt an ordinance amending certain definitions, provisions, and regulations in the Beverly Hills Municipal Code (“BHMC”) inorder to improve clarity, eliminate ambiguities and inconsistencies, and to address certain changesin state law; WHEREAS, On March 14, 2024, the Planning Commission held a duly noticed public hearing and which it adopted (5-0) Resolution No. 2055 recommending that the City Councilamend portions of Title 3 (Finance, Purchasing, and Risk Management), Title 5 (Public Health, Welfare, and Sanitation), Title 4 (Regulation of Certain Types of Businesses and Activities), Title 10 (Planning and Zoning) of the BHMC to add or clarify language to provide streamlined B0785-0009\2943845v2.doc
application of code provisions, and to align code language with current practices and state law requirements (collectively, the “Amendments”); and
WHEREAS, The City Council, at a regular meeting, considered the Ordinance on April 16, 2024, at a duly noticed public hearing, as prescribed by law, at which time City staff and interested persons had an opportunity to and did testify either in support or against this matter.
Following the public hearing, the City Council considered the entire record ofinformation received at the public hearings before the Planning Commission and City Council.
THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY ORDAINS AS FOLLOWS:
Section 1. The City Council finds that the adoption ofthis Ordinance is consistent with the General Plan because it fulfills the following General Plan Goals and Policies:
Land Use Element (LU)
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 regulateland 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.
-2-
B0785-0009\2943845v2.doc
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 wellinformed. 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. Theamendment will reinsert the specification of a 100-foot radius for adjacent neighbor that was unintentionally removed in a previous code update. The amendment would also remove unnecessary noticing for adjacent neighbors from view restoration requests and make it consistent with the City’s historic practices. Both these clarifications will help improve compliance with the City’s public noticing process while preserving its integrity.
Policy LU 8.2 (Day Care Centers) directs the maintenance of regulations for large-family day care facilities as defined by the State and childcare centers to the extent permitted by State law to ensure that impacts on residential neighborhoods are minimized. The amendment would bring City regulations for family daycare homes into compliance with the requirements of The Keeping Kids Close to Home Act (SB 234, Skinner). Consistent with the Act, the amendment would treat small and large family daycare homes as a by right residential use of property.
Policy LU 2.3 (Hillside Development) advances the maintenance of the natural landforms that define the City and requires that development on hillsides and in canyon areas be located, designed, and scaled to respect the natural topography and landscape. Reinstating the reference to the Hillside R-1 permit process clarifies that certain deviations for series -3-
BO785-OOO92943845v2doc
of walls could be allowed after analyzing the impact on the character, scale, and integrity of the design and ensure it is appropriate for the subject site.
Goal LU 16 (Social Sustainability and Equity) embraces land uses and built urban form that provide diverse social and cultural opportunities. The amendments revise terms in the BHMC to “religious institutions” to clarify permitted uses and reflect the diversity of religious practices in Beverly Hills.
Goals LU 6 (Single-Family Residential Neighborhoods) and LU 7 (Multi-FamilyResidential) celebrate residential neighborhoods that are well designed and maintain the character and quality of the City. The amendments eliminate inconsistencies for multifamily guest parking requirements and the Hillside R-1 permit process for series of walls, promoting design that coheres with the City’s past practices and built environment.
New graphics to illustrate accessory structure height plane and series of walls will further advance designs that uphold the City’s character and quality.Section 2. Subsections 10-3-24 13 C. and D. of Article 24 (Single-Family Residential Development Standards for the Central Area of the City) of Chapter 3 (Zoning) of Title 10(Planning and Zoning) of the BHMC are hereby amended to read as follows, with the addition of new Figure 1, with all other provisions of Section 10-3-2413 remaining in place without amendment:
“C. Side Setback Encroachment: Notwithstanding any other provision of this chapter, an accessory building located on a site south of Santa Monica Boulevard may be erected within a required side yard if:
-4-
B0785-0009\2943845v2.doc
1. The side lot line abuts an alley and no portion of the building within the side yard exceeds a height of fourteen feet (14’); or
2. The side lot line does not abut an alley and no portion of the building within the side yard exceeds a height of fourteen feet (14’) or intersects a plane commencing seven feet (7’) in height, measured at the side Lot line, and extending at a slope of two horizontal to one vertical (2:1) toward the interior of the site area. See Figure 1 of this section.
D. Rear Setback Encroachment: Notwithstanding any other provision of this chapter, an accessory building located on a site south of Santa Monica Boulevard may be erected within a required rear yard if:
1. The rear lot line abuts an alley and no portion of the building within the rear yard exceeds a height of fourteen feet (14’); or
2. The rear lot line does not abut an alley and no portion of the building within the rear yard exceeds a height of fourteen feet (14’) or intersects a plane commencing seven feet (7’) in height, measured at the rear lot line, and extending at a slope of two horizontal to one vertical (2:1) toward the interior of the site area. See Figure 1 of this section.
Side I Rear
Property Line
Accessory Structure Maximum
2 Building Envelope Height 7-0”
Maximum
Height
Existing Grade
NOT TO SCALE
-5-
80785-0009\2943845v2.doc
Figure 1
Accessory Structure Height Limitation for Non-Alley SidelRear Setback Central Area, South of Santa Monica Boulevard
Section 3. Subsections 10-3-24 14 B. and C. of Article 24 (Single-Family Residential Development Standards for the Central Area of the City) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC are hereby amended to read as follows, with the addition of new Figures 1 and 2, with all other provisions of Section 10-3-24 14 remaining in place without amendment:
“B. Side Setback Encroachment: Notwithstanding any other provision of this chapter, an accessory building located on a site north of Santa Monica Boulevard may be erected within a required side yard if:
1. The side lot line abuts an alley and no portion of the building within the side yard exceeds a height of fourteen feet (14’); or
2. The side lot line does not abut an alley and no portion of the building within the side yard exceeds a height of fourteen feet (14’) or intersects a plane commencing seven feet (7’) in height, measured at the side lot line, and extending at a slope of two horizontalto one vertical (2:1) toward the interior of the site area. See Figure 1 of this section. -6-
B0785-0009\2943845v2.doc
Side Property Line
— Accessory Structure 14-0”
2 Building Envelope Maximum Height 7-0” 4-0’
Maximum I Minimum Side Setback Height
I
- Existing Grade
NOT TO SCALE
Figure 1
Accessory Structure Height Limitation for Non-Alley Side Setback Central Area, North ofSanta Monica Boulevard
However, notwithstanding the provisions of this subsection, an accessory building located on a site north of Santa Monica Boulevard shall maintain a side setback of four feet (4’)unless the accessory structure is located in a side yard abutting an alley.For an accessory building located in a required side yard on a site north of Santa MonicaBoulevard, the limitations set forth in subsections Bi and B2 of this section may be modified by a minor accommodation issued in accordance with the procedure set forth in subsection E of this section provided the accessory structure complies with all of the requirements set forth in subsection G of this section or by a Central R-1 permit issued inaccordance with the procedure set forth in subsection F of this section. However, under no circumstances shall the height of an accessory structure be permitted to exceed the maximum height that would be allowed in the principal building area. -7-
B0785-0009\2943845v2.doc
C. Rear Setback Encroachment: Notwithstanding any other provision of this chapter, an accessory building located on a site north of Santa Monica Boulevard may be erected within a required rear yard if:
1. The rear lot line abuts an alley and no portion of the building within the rear yard exceeds a height of fourteen feet (14’); or
2. The rear lot line does not abut an alley and no portion of the building within the rear yard exceeds a height of fourteen feet (14’) or intersects a plane commencing seven feet (7’) in height, measured at the rear lot line, and extending at a slope of two horizontal to one vertical (2:1) toward the interior of the site area. See Figure 2 of this section.
Rear Property Line
— -
Accessory Structure Maximum 2 Building Envelope Height 7-0’ Maximum
Height
Existing Grade
NOTTO SCALE
Figure 2
Accessory Structure Height Limitation for Non-Alley Rear Setback Central Area, North of Santa Monica Boulevard
Section 4. Subsection 10-3-25 16 E. of Article 25 (Single-Family Residential Development Standards for the Hillside Area of the City) of Chapter 3 (Zoning) of Title 10 -8-
B0785-0009\2943 845v2 .doc
(Planning and Zoning) of the BHMC are hereby amended to read as follows, with the addition of new Figure 1, with all other provisions of Section 10-3-2516 remaining in place without amendment:
“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 ofwall, 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’). See Figure 1 of this section.
Property Line
Exis:SIop>,
12-0” Maximum Height
of Wall Farther from
Property Line
Finished Grade
N OT TO S CALE
Figure 1
Maximum Height Restrictions for Walls, Fences, and Hedges -9-
BO785-OOO92943845v2.doc
Outside Front and Street Side Yards
,,
Section 5. Paragraph F of Section 10-3-2516 (Walls, Fences, and Hedges) of Article 25 (Single-Family Residential Development Standards For the Hillside Area of the City) ofChapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows, with all other provisions of Section 10-3-2516 remaining in place without amendment:
“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 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 wall segments. See Figure 2 of this section.
50’-O”
-10-
A
V
or Alternative Vegetation
Example of Climbing Vines
to Screen Walls Landscape Area
Between Walls
Existing Grade 7’.O” Maximum Height from
Exiating Grade
NOT TO SCALE
12.0” MaxImum
Cumulative Height for a
Series of Walls
Figure 2
B0785-0009\2943845v2.doc
Series of Walls
1. Hillside R-l Permit: A reviewing authority may issue a Hillside R-l permit to allow a series of walls to deviate from the standards set forth in this subsection F pursuant to section 10-3-25 50M.”
Section 6. A new subparagraph 4 is hereby added to paragraph B of Section 3-1-202 (Exemptions) of Article 2 (Business Tax) of Chapter 1 (Taxation and Fees) of Title 3 (Finance,Purchasing, and Risk Management) of the BHMC to read as follows, with all other provisions in Section 3-1-202 remaining in place without amendment:
‘4. Family daycare homes licensed pursuant to state law and as defined in section 10-3- 100 (Words Defined). Family daycare homes shall not be required to file a request for exempt registration under section 3-1-203 (Filing of Exemption Required).” Section 7. A new definition of “Family Daycare Home” is hereby added to Section 10- 3-100 (Words Defined) in Article 1 (Definitions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC between the terms “FAMILY” and “FENCE” to read as follows:
“FAMILY DAYCARE HOME: “Family Daycare Home” shall mean a facility that regularly provides care, protection, and supervision for 14 or fewer children, in theprovider’s own home, for periods of less than 24 hours per day, while the parents or —11—
B0785-0009\2943845v2.doc
guardians are away, and is either a large family daycare home or a small family daycare home, as defined in California Health and Safety Code Section 1596.78.” Section 8. The definition of “Home Occupation” in Section 10-3-100 (Words Defined) in Article I (Definitions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“HOME OCCUPATION: Any occupation, activity, enterprise, profession, trade, orundertaking of any nature conducted or engaged in, or ordinarily conducted or engaged in, with the object of gain, benefit or advantage to any person or entity, whether direct or indirect, and which is conducted in a residential zone in the City. The term shall include the operation of a subsidiary, independent entity or any other activity conducted for the benefit of others and at no profit to those engaged in the operation or activity, includingnonprofit businesses and trade associations. However, “home occupation” shall not include the delivery of goods or services to a residential site by an entity or individual with aprincipal place of business outside of any residential zone in the City and which conducts no administrative or processing function within a residential zone in the City, such as aplumber, gardener, or caterer based in a nonresidential zone. A “home occupation” shallalso not include the operation of a family daycare home licensed pursuant to state law and as defined in this section 10-3-100 (Words Defined). A person shall not be deemed to beengaged in a home occupation solely by reason of receipt of dividend or interest income from passive investments or solely by reason of receipt of royalties or residuals for work that does not constitute a home occupation.”
-12-
B0785-0009\2943845v2.doc
Section 9. The definition of “Large Family Daycare Home” in Section 10-3-100 (Words Defined) in Article 1 (Definitions) ofChapter 3 (Zoning) of Title 10 (Planning and Zoning)of the BHMC is hereby deleted.
Section 10. The definition of “Small Family Daycare Home” in Section 10-3-100 (Words Defined) in Article 1 (Definitions) ofChapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby deleted.
Section 11. The row entitled “Large family daycare permit” in the table of Subsection 10-3-253 B. (Special Notice Requirements) ofArticle 2.5 (Public Notice Requirements) ofChapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby deleted with all other provisions in Section 10-3-253 B., including its table, remaining in place without amendment.
Section 12. The rows entitled “Family daycare home, Small, Large,” in the singlefamily zoning district table in paragraph A. of Section 10-3-302 (Permitted And Conditionally Permitted Uses For Residential Zoning Districts And Zoning District Overlays) of Article 3(Establishment of Zones; Permitted and Conditionally Permitted Uses) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) ofthe BHMC are hereby amended and replaced with the followingrow, with all other provisions in Section 10-3-302, including all other rows in its table, remaining in place without amendment:
P = Permitted use UP = Use permit CUP = Conditional use permit R-1 R-1.X R-1.5 R-1.5X 1 5X2 R-1.6X R- R
. 1.7X 1.8X
Family daycare P P P P P P P p
homes, licensedpursuant to state
law
-13-
B0785-0009\2943845v2.doc
Section 13. A new row entitled “Family daycare homes, licensed pursuant to state law” is hereby added to the multi-family zoning district table in paragraph B of Section 10-3-302 (Permitted And Conditionally Permitted Uses For Residential Zoning Districts And Zoning District Overlays) of Article 3 (Establishment of Zones; Permitted and Conditionally PermittedUses) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC between the rows “Transitional and supportive house” and “Emergency shelters,” to read as follows, with all other provisions in Section 10-3-302, including its table, remaining in place without amendment:
P = Permitted use CUP = Conditional use permit
Special
Needs
R-4 RMCP Housing R-4X1 R-4X2 R-3 R-4-P
Overlay
Zone4
Family daycare
homes, licensed
‘
P P P P P
pursuant to state law
Section 14. Section 10-3-408 (Large Family Daycare Homes) of Article 4 (One-Family Residential Zone (R-1)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby repealed.
Section 15. Section 10-3-503 (Large Family Daycare Homes) of Article 5 (One-Family Residential Zone (R-1.X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby repealed.
-14-
B0785-0009\2943845v2.doc
Section 16. Section 10-3-603 (Large Family Daycare Homes) ofArticle 6 (One-Family Residential Zone (R-1.5)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby repealed.
Section 17. Section 10-3-702 (Large Family Daycare Homes) ofArticle 6 (One-Family Residential Zone (R-1.5X)) of Chapter 3 (Zoning) ofTitle 10 (Planning and Zoning) ofthe BHMC is hereby repealed.
Section 18. Section 10-3-803 (Large Family Daycare Homes) ofArticle 7 (One-Family Residential Zone (R-1.5X2)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby repealed.
Section 19. Section 10-3-902 (Large Family Daycare Homes) ofArticle 9 (One-Family Residential Zone (R-l.6X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) ofthe BHMC is hereby repealed.
Section 20. Section 10-3-1002 (Large Family Daycare Homes) of Article 10 (OneFamily Residential Zone (R-1.7X)) of Chapter 3 (Zoning) ofTitle 10 (Planning and Zoning) ofthe BHMC is hereby repealed.
Section 21. Section 10-3-1103 (Large Family Daycare Homes) of Article 10 (One Family Residential Zone (R-1.8X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) ofthe BHMC is hereby repealed.
Section 22. Section 10-3-401 (Uses and Buildings Permitted) of Article 4 (One-Family Residential Zone (R-l)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
-15-
B0785-0009\2943845v2.doc
“10-3-401: USES AND BUILDINGS PERMITTED:
Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-l shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, family daycare home licensed pursuant to state law, small community care facility, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a “singlefamily residence”, as defined in section 10-3-100 of this chapter, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-familyresidence. Use of a single-family residence for a single-family transient use more than twice per calendar year is prohibited.”
Section 23. Section 10-3-50 1 (Uses and Buildings Permitted) of Article 5 (One-Family Residential Zone (R-1.X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-501: USES AND BUILDINGS PERMITTED:
Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R- 1 .X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, family daycare home licensed pursuant to state law, small community care facility, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a “single family residence”, as defined in section 10-3-100 of this chapter, by a single housekeepingunit is permitted to commence two (2) times per calendar year for each single-family -16-
B0785-0009’2943845v2.doc
residence. Use of a single-family residence for a single-family transient use more than twice per calendar year is prohibited.”
Section 24. Section 10-3-601 (Uses and Buildings Permitted) of Article 6 (One-Family Residential Zone (R-1.5)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMCis hereby amended to read as follows:
“10-3-601: USES AND BUILDINGS PERMITTED:
Except as otherwise provided in this article, no lot, premises, building or portion thereof inzone R-l.5 shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, family daycare home licensed pursuant to state law, small community care facility, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a ‘single family residence, as defined in section 10-3-100 of this chapter, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-family residence. Use of a single-family residence or for a single-family transient use more thantwice per calendar year is prohibited.” Section 25. Section 10-3-70 1 (Uses and Buildings Permitted) of Article 7 (One-Family Residential Zone (R-1.5X)) ofChapter 3 (Zoning) of Title 10 (Planning and Zoning) ofthe BHMCis hereby amended to read as follows:
“10-3-701: USES AND BUILDINGS PERMITTED:
Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.5X shall be erected, constructed, built, altered, enlarged, built upon, used, or -17-
BO785-OOO92943845v2.doc
occupied for any purpose except as a private one-family residence, family daycare home licensed pursuant to state law, small community care facility, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a “singlefamily residence”, as defined in section 10-3-100 ofthis chapter, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-family residence. Use of a single-family residence for a single-family transient use more than twice per calendar year is prohibited.”
Section 26. Section 10-3-80 1 (Uses and Buildings Permitted) of Article 8 (One-Family Residential Zone (R-l.5X2)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-801: USES AND BUILDINGS PERMITTED:Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.5X2 shall be erected, constructed, built, altered, enlarged, built upon, used, oroccupied for any purpose except as a private one-family residence, family daycare homelicensed pursuant to state law, small community care facility, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a “singlefamily residence”, as defined in section 10-3-100 ofthis chapter, by a single housekeepingunit is permitted to commence two (2) times per calendar year for each single-family residence. Use of a single-family residence a single-family transient use more than twice per calendar year is prohibited.”
-18-
BO785-OOO9’2943845v2.doe
Section 27. Section 10-3-901 (Uses and Buildings Permitted) of Article 9 (One-Family Residential Zone (R-l.6X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning ofthe BHMC is hereby amended to read as follows:
“10-3-901: USES AND BUILDINGS PERMiTTED:
Except as otherwise provided in this article, no lot, premises, building or portion thereof inzone R-1.6X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, family daycare home licensed pursuant to state law, small community care facility, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a “singlefamily residence”, as defined in section 10-3-100 ofthis chapter, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-familyresidence. Use of a single-family residence for a single-family transient use more thantwice per calendar year is prohibited.” Section 28. Section 10-3-1001 (Uses and Buildings Permitted) of Article 10 (OneFamily Residential Zone (R-1.7X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) ofthe BHMC is hereby amended to read:
“10-3-1001: USES AND BUILDINGS PERMITTED:
Except as otherwise provided in this article, no lot, premises, building or portion thereof inzone R-1 .7X shall be erected, constructed, built, altered, enlarged, built upon, used, oroccupied for any purpose except as a private one-family residence, family daycare home licensed pursuant to state law, small community care facility, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a “single- -19-
80785-0009\2943 845v2 .doc
family residence”, as defined in section 10-3-100 ofthis chapter, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-familyresidence. Use of a single-family residence for a single-family transient use more than twice per calendar year is prohibited.”
Section 29. Section 10-3-1101 (Uses and Buildings Permitted) of Article 11 (OneFamily Residential Zone (R-1 .8X)) of Chapter 3 (Zoning) ofTitle 10 (Plarming and Zoning) ofthe BHMC is hereby amended to read as follows:
“10-3-1101: USES AND BUILDINGS PERMITTED:
Except as otherwise provided in this article, no lot, premises, building or portion thereof inzone R-1.8X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, family daycare homelicensed pursuant to state law, small community care facility, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a “singlefamily residence”, as defined in section 10-3-100 of this chapter, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-family residence. Use of a single-family residence for a single-family transient use more thantwice per calendar year is prohibited.” Section 30. Section 10-3-1202 (Uses and Buildings Permitted) of Article 11 (Multiple Residential Zone (R-4)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-1202: USES AND BUILDINGS PERMITTED:
-20-
B0785-0009\2943845v2.doc
Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-4 shall be erected, constructed, built, altered, enlarged, built upon, used, oroccupied for any purpose other than as a public library, a single- or multiple-family dwelling and the usual and customary accessory and appurtenant uses thereto including one accessory dwelling unit on a lot developed only with a single-family dwelling subject to the criteria in section 10-3-409 of this chapter; a family daycare home; a smallcommunity care facility; or transitional or supportive housing structured as a single-familyresidence or as a multiple-family dwelling.” Section 31. Article 15.2 (Residential Density Bonus) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended in its entirety to read as follows:
“ARTICLE 15.2. RESIDENTIAL DENSITY BONUS.
10-3-1520. PURPOSE.
The purpose of the provisions of this Article is to provide incentives for the production of specific housing types for populations, including, but not limited to, very low income, lower income, moderate income, seniors, transitional foster youth, and lower incomestudents, in accordance with Government Code Section 65915, commonly referred to as the State Density Bonus Law. In enacting this division, it is the intent of the City to facilitate the development of the goals, objectives, and policies of the Housing Element of the City’s General Plan.
10-3-1521: DENSITY BONUS PERMIT REQUIRED:
No developer shall be granted a density bonus or other incentive pursuant to this article unless that developer has been issued a density bonus permit pursuant to the procedures set forth in this article. — I — B0785-0009\2943845v2,doc
10-3-1522: APPLICABILITY OF OTHER REGULATIONS:
Except as otherwise specifically authorized by a density bonus permit, no developmentshall be constructed pursuant to this article except in compliance with each provision of this chapter that is applicable to the zone in which the development is located, including any requirement for discretionary review of a development project, such as development plan review.
10-3-1 523: APPLICATIONS:
In addition to any other discretionary review required for a proposed housing project,applications for a density bonus permit shall be filed with the director of communitydevelopment on a form approved by the director. The application shall be filedconcurrently with an application for a development plan review. The fee for processing adensity bonus permit application shall be determined in accordance with the City’s currentComprehensive Schedule of Taxes, Fees, and Charges at the time the application is filed. 10-3-1524 DENSITY BONUS PROVISIONS:
A. City staff shall process the application for a density bonus permit in the samemamier as, and concurrently with, the application for a development plan review or any discretionary or administrative approval that is required by this Code.B. The density bonus permit application shall clearly indicate the number of base unitsallowed by the City general plan and zoning regulations, the number of density bonus units requested, and the number of affordable units that will be included in the proposed project.The applicant shall submit reasonable documentation to establish eligibility for a requested density bonus, incentives or concessions, waivers or reductions of development standards,and parking ratios, to the satisfaction of the director of community development. -22-
B0785-0009\2943845v2.doc
C. For a housing development qualifying pursuant to the requirements of Government Code Section 65915, the City shall grant a density bonus in an amount specified byGovernment Code Section 65915. The density bonus units shall not be included when calculating the total number of housing units that qualifies the housing development for adensity bonus, except as may otherwise be required by Government Code Section 65915.D. For the purpose of calculating the density bonus, the “maximum allowable residential density” shall be the greatest density allowed under the zoning ordinance, specific plan, or land use element ofthe general plan, or, if a range of density is permitted, the greatest allowable density for the specific zoning range and land use element of the general plan applicable to the project. If the applicable zoning ordinance, specific plan, or land use element of the general plan does not provide standard for density per acre, the developer shall prepare a base density study to calculate the number of base units pursuant to the provisions of Government Code Section 6591 5(o)(6).
E. The City shall grant the applicant the number of incentives and concessionsrequired by Government Code Section 65915. The City shall grant the specific concession(s) or incentive(s) requested by the applicant, unless it makes any ofthe relevant written findings stated in Government Code Section 65915(d) to support not granting therequested concession(s) or incentive(s). Senior citizen housing developments that qualify for a density bonus shall not receive any incentives or concessions, unless GovernmentCode Section 65915 is amended to specifically require that local agencies grant incentivesor concessions for senior citizen housing developments.F. Except as restricted by Government Code Section 65915, the applicant for a densitybonus may submit a proposal for the waiver or reduction of development standards that -23-
B0785-0009\2943845v2.doc
have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions granted to the applicant.
A request for a waiver or reduction of development standards shall be accompanied byadequate information to allow the city to make a determination as to whether requested waiver or reduction is physically necessary to construct the housing development with theadditional density allowed pursuant to the density bonus and incorporating any incentives or concessions required to be granted. The City shall approve a waiver or reduction of adevelopment standard, unless it makes a required finding under Government Code Section65915 (e). 10-3-1525: ELIGIBILITY GUARANTEES:
Prior to the construction of a development project pursuant to a density bonus permit, thedeveloper shall ensure continued affordability of units designated for lower and very low income households to the satisfaction of the city attorney and as required by CaliforniaGovernment Code section 65915 or its successor statute.
Also prior to the construction of a development project pursuant to a density bonus permit, with regard to dwelling units designated for qualifying senior residents, the developer shallensure continued restriction of those units to qualifying senior residents and qualifiedpermanent residents to the satisfaction of the city attorney and as provided in California Civil Code section 51.3 or its successor statute.
Additionally, prior to the issuance of a density bonus permit for a development in which the units will be sold to moderate income households, the developer shall ensure that the initial occupants of such units meet the applicable income limits to the satisfaction of the city attorney and as required by California Government Code section 65915 or its successor -24-
B0785-0009\2943845v2.doc
statute. In addition, the developer shall ensure that, upon resale, the city recaptures its proportionate share of the appreciation of such units to the satisfaction of the city attorneyand as required by California Government Code section 65915 or its successor statute. 10-3-1526: APPEALS:
Any decision of the planning commission made pursuant to this article may be appealedby the applicant or any other interested party as provided in title 1, chapter 4, article 1 of this code.
10-3-1527: GUIDELII\TES:
All applications for a density bonus permit shall be processed pursuant to the guidelinesfor density bonus permit applications as may be adopted by the city council from time to time and maintained on file in the department of community development. 10-3-1528: OCCUPANCY PRIORITY:
Occupancy priority for eligible units shall conform to the following eight (8) tiers.
A. Tier 1 - Senior Tenants Displaced From The Project Site: First priority shall go to income qualified households in which at least one member is a senior (62 years and older) and that have been or will be required to vacate existing dwelling units on the site ofdevelopment so that an owner or developer may perform any construction, renovation or addition pursuant to a density bonus permit. If the number of qualified applicants in thistier exceeds the number of available units, then the order in which the units are offered toTier 1 applicants shall be based on the period of time that the longest tenured member ofthe household resided at the project site, from longest to shortest, and a lottery shall be heldwithin this tier to determine the order in which the units are offered to any Tier 1 applicantshaving the same period of residency at the project site. -25-
B0785-0009\2943845v2.doc
B. Tier 2 -Tenants With Beverly Hills Unified School District Students Displaced From The Project Site: Second priority shall go to income qualified households that include aspart of the household a legal guardian of one or more students currently enrolled in andattending the Beverly Hills Unified School District in grade 10 or lower, and that have been or will be required to vacate existing dwelling units on the site of development so that anowner or developer may perform any construction, renovation or addition pursuant to adensity bonus permit. If the number of qualified applicants in this tier exceeds the number of available units, the order in which the units are offered to Tier 2 applicants shall be basedon the period of time that the longest tenured member of the household resided at the project site, from longest to shortest, and a lottery shall be held within this tier to determine the order in which the units are offered to any Tier 2 applicants having the same period of residency at the project site.
C. Tier 3 -Tenants Displaced From The Project Site: Third priority shall go to income qualified households that have been or will be required to vacate existing dwelling units on the site of development so that an owner or developer may perform any construction,renovation or addition pursuant to a density bonus permit. If the number of qualifiedapplicants in this tier exceeds the number of available units the order in which the units areoffered to Tier 3 applicants shall be based on the period of time that longest tenuredmember of the household resided at the project site, from longest to shortest, and a lotteryshall be held within this tier to determine the order in which the units are offered to Tier 3applicants having the same period of residency at the project site.D. Tier 4 - Displaced Senior Households: Fourth priority shall go to income qualified households in which at least one member is a senior (62 years and older) and that have or -26-
80785-0009\2943845v2.doc
will be displaced or evicted from a multi-family building in the City other than the project site for the purpose of redevelopment if either: (1) the multi-family building was demolished for redevelopment within the two years immediately preceding the date on which applications for the affordable housing units are due; or (2) the multi-family propertyto be redeveloped has received all entitlements, excluding building permits, and suchredevelopment requires all residents to vacate the site, provided that such entitlements, orsubsequent entitlements remain valid and have not expired on the date the applications for the affordable housing units are due. Ifthe number of qualified applicants in this tier exceed the number of available units, the order in which the units are offered to Tier 4 applicants shall be based on the period of time that the longest tenured members of the household resided at the multi-family building to be redeveloped, from longest to shortest, and a lottery shall be held within this tier to determine the order in which the units are offered to the Tier 4 applicants having the same period of residency at the project site.E. Tier 5 - Displaced Tenants With Beverly Hills Unified School District Students: Fifth priority shall go to income qualified households that include as part of the household a legal guardian of one or more students currently enrolled in and attending the Beverly Hills Unified School District in grade 10 or lower, and that have or will be displaced or evictedfrom a multi-family building in the City other than the project site for the purpose of redevelopment if either: (1) the multi-family building was demolished for redevelopmentwithin the two (2) years immediately preceding the date on which applications for theaffordable housing units are due; or (2) the multi-family property to be redeveloped hasreceived all entitlements, excluding building permits, and such redevelopment requires allresidents to vacate the site, provided that such entitlements, or subsequent entitlements, -27-
B0785-0009\2943845v2.doc
remain valid and have not expired on the date the applications for the affordable housing units are due. If the number of qualified applicants in this tier exceed the number of available units, the order in which the units are offered to Tier 5 applicants shall be basedon the period oftime that the longest tenured member ofthe household resided at the multi family building to be redeveloped, from longest to shortest, and a lottery shall be held within this tier to determine the order in which the units are offered to the Tier 5 applicantshaving the same period of residency at the project site.F. Tier 6 -Displaced Households: Sixth priority shall go to income qualified households displaced from a multi-family building in the City that have or will be displaced or evicted from a multi-family building in the City other than the project site for the purpose of redevelopment if either: (1) the multi-family building was demolished for redevelopment within the two (2) years immediately preceding the date on which applications for theaffordable housing units are due; or (2) the multi-family property to be redeveloped hasreceived all entitlements, excluding building permits, and such redevelopment requires all residents to vacate the site, provided that such entitlements, or subsequent entitlements,remain valid and have not expired on the date the applications for the affordable housingunits are due. If the number of qualified applicants in this tier exceed the number of available units, the order in which the units are offered to Tier 6 applicants shall be basedon the period of time that the longest tenured member ofthe household resided at the multifamily building to be redeveloped, from longest to shortest, and a lottery shall be held within this tier to determine the order in which the units are offered to the Tier 6 applicants having the same period of residency at the project site. -28-
B0785-0009\2943845v2.doc
G. Tier 7 - Senior Households: Income qualified households with at least one member who is a senior (62 years and older). If the number of qualified applicants in this tier exceeds the number of available units, then a lottery shall be held within this tier todetermine the order in which the units are offered to the Tier 7 applicants.H. Tier 8 - Other Income Qualified Households: Income qualified households that do not meet the requirements of Tiers 1-7. Ifthe number of qualified applicants in this tier exceeds the number of available units, then a lottery shall be held within this tier to determine the order in which the units are offered to the Tier 8 applicants.
I. Exceptions:
1. In the event that a density bonus is granted for specific tenants pursuant to State Density Bonus Law (California Government Code § 65915 (b)(1)(E)) then the tiered list providedin this section shall not be used to fill the affordable housing units.
2. In the implementation of these priorities, the City shall in no way discriminate against any person or family due to disability.”
Section 32. The City of Beverly Hills Zoning Map is hereby amended to retitle the Church Zone, comprising of lots 1901 and 1902 in tract 6380, as “Religious Institution Zone” asshown on the map attached hereto as Exhibit A. Notwithstanding the title change, all previously vested rights, entitlements, and permissions applicable under the former ‘Church Zone” designation shall remain in full force and effect. This map amendment does not alter existing orfuture permitted uses, conditions. or obligations previously established by the Church Zone for theaffected properties. -29-
BO785-OOO9’2943845v2.doc
Section 33. Section 4-2-1704 (Restrictions and Prohibitions) of Article 17 (Veterinary Clinic and Pet Shops) ofChapter 2 (Regulatory Business Permits) of Title 4 (Regulation of Certain Types of Businesses and Activities) of the BHMC is hereby amended to read as follows:
“4-2-1704: RESTRICTIONS AND PROHIBITIONS:
Veterinary clinics and pet shops are prohibited within fifty feet (50’) of any residence,dwelling house, lodging house, hotel, school, theater, religious institution, or restaurant.”Section 34. Section 4-5-606 (Physical Relocation in Lieu of Fee) of Article 6 (Relocation Fees) of Chapter 5 (Rent Stabilization, Part I) of Title 4 (Regulation of Certain Types of Businesses and Activities) of the BHMC is hereby amended to read as follows:
“4-5-606: PHYSICAL RELOCATION iN LIEU OF FEE:In lieu of the relocation fee required by section 4-5-605 of this chapter, the landlord, at his option, may relocate the tenant into a comparable replacement apartment unit satisfactory to the tenant, in which event the landlord shall be liable only for the actual costs ofrelocating the tenant, up to the maximum as set forth in section 4-5-605 of this chapter perapartment unit. A tenant shall not unreasonably withhold the approval of a replacementapartment unit offered by the landlord. For the purposes ofthis section only, comparability shall be determined from the following factors: size, price, location, proximity to medical and recreational facilities, parks, community centers, shops, transportation, schools, religious institutions, amenities, and, ifthe tenant desires, the location ofthe apartment unit in the city.”
Section 35. Paragraph F of Section 4-6-9 (Relocation Fee) of Chapter 6 (Rent Stabilization, Part II) of Title 4 (Regulation of Certain Types of Businesses and Activities) of the -30-
B0785-0009\2943845v2.doc
BHMC is hereby amended to read as follows, with all other provisions in Section 4-6-9 remaining in place without amendment:
“F. Relocation Of Tenant: In lieu of the relocation fee required by subsection F of this section, the landlord, at his or her option. may relocate the tenant into a comparable replacement apartment unit satisfactory to the tenant, in which event the landlord shall be liable only for the actual costs of relocating the tenant, up to the maximum as set forth in subsection E of this section per apartment unit. A tenant shall not unreasonably withhold the approval of a replacement apartment unit offered by the landlord. For the purposes ofthis paragraph only, comparability shall be determined from the following factors: size,price, location, proximity to medical and recreational facilities, parks, community centers. shops, transportation, schools, religious institutions, amenities, and, if the tenant desires, the location of the apartment unit in the City.”
Section 36. Section 5-1-206 (Noise In Proximity Of Schools, Hospitals, and Churches) of Article 2 (Specific Noise Sources and Regulations) of Chapter 1 (Noise Regulations) of Title 5 (Public Health, Welfare, and Sanitation) of the BHMC is hereby retitled and amended to read asfollows:
“5-1-206: NOISE IN PROXIMITY OF SCHOOLS. HOSPITALS, AND RELIGIOUS INSTITUTIONS:
It shall be unlawful for any person to create any noise on any street, sidewalk, or public place adjacent to any school, institution of learning, or religious institution while the same is in use, or adjacent to any hospital; which noise substantially and unreasonably interfereswith the workings of such institutions or which disturbs or unduly annoys patients in the -31-
B0785-0009\2943845v2.doc
hospital, provided that conspicuous signs are displayed on such street, sidewalk, or public place indicating the presence of a school, religious institution, or hospital” Section 37. The definition of “Religious Institution” in Section 10-3-100 (Words Defined) in Article I (Definitions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby added between “Reasonable Accommodation” and “Residential Zone” to read as follows:
“RELIGIOUS INSTITUTION: Any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.” Section 38. Section 10-3-505 (Exceptions; Churches) in Article 5 (One-Family Residential Zone (R- I .X) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby retitled and amended to read as follows:
“10-3-505: EXCEPTIONS; RELIGIOUS INSTITUTIONS
Lots 4,5, and 6, block 1, tract 6217, and lots 1,2, and 3, block 51, tract Beverly Hills, shall be used for private one-family residences only unless used for religious institution purposes.”
Section 39. Section 10-3-1602 (Building Restrictions) of Article 16 (Building Restrictions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is herebyamended to read as follows:
“10-3-1602: BUILDING RESTRICTIONS:
No building, structure. or improvement shall be erected, constructed, established, altered, or enlarged in zone C-3 which is designed, arranged, or intended to be used or occupied, -32-
B0785-0009’2943845v2doc
and no building now existing or hereafter to be constructed in zone C-3 shall be used or occupied for any purpose other than as:
Café.Carpenter shops.
Clubhouse.Commercial garages.
Conservatories.Dancing academies.
Dressmaking or millinery shops or stores.
Hotel.Library.Lunchroom.
Medical uses as defined in section 10-3-1 00 of this chapter that comply with section 10-3-1620.1 of this article and cosmetic spas that comply with section 10-3-1620.2 of this article.
Offices.
Paint, paperhanger, and decorating stores.
Photographic galleries.Places of amusement.Playground.Plumbing shops.
Religious Institutions.Roofing or plastering stores or offices. -33-
B0785-0009’2943845v2.doc
School.
Store or shop for conducting wholesale or retail businesses.
Studios.
Tailors.
Upholsterers.
Other similar enterprises and institutions, except as in this chapter otherwise provided.
Section 40. Article 22 (Church Zone) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended in its entirety to read as follows:
“ARTICLE 22. RELIGIOUS INSTITUTION ZONE.
10-3-2201: RELIGIOUS INSTITUTION ZONE CREATED; LOTS 1901 AND 1902, TRACT 6380:
There hereby is established and created in the city a special religious institution zone consisting of lots 1901 and 1902 in tract 6380 to be used for religious purposes.” Section 41. Row “2” of Subsection 10-3-2730 B. (Parking; Requirements) of Article 27 (Other Use and Building Restrictions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) ofthe BHMC is hereby amended to read as follows, with all other provisions in Section 10-3-2730 B., including its table, remaining in place without amendment:
Type Of Use Required Spaces2. Theaters, auditoriums, and public assembly areas with fixed 1 space per 4 seats seats, including, but not limited to, religious institutions, andschools above the elementary level -34-
,,
B0785-0009\2943845v2.doc
Section 42. The row entitled “CommissionlCouncil Level (cont.) in the table of Subsection 10-3-253 A. (Standard Requirements) in Article 2.5 (Public Notice Requirements) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read asfollows with all other provisions in Subsection 10-3-253 A., including its table, remaining in place without amendment:
Commission/Council On-site Maps Hillside Hillside Area: I ,000 foot radius,Level (cont.) posted (tentative, Area: pius notice to either all properties notice of and 1,000 in Hillside Zone 1 or Hillsidepublic parcel) foot Zone 2hearing radius, required for Specific plus Trousdale Estates Area: 1.000 all Plan notice to foot radiuscommission either all
level Variance properties Adjacent Neighbor Mailed
projects in Notice (Single-Family Zones):
Hillside 100-foot radiusZone 1 orHillside
Zone 2Trousdale
Estates
Area:
1,000
foot
radius
Section 43. The row entitled “View Restoration” in table of Subsection 10-3-253 B. (Special Notice Requirements) in Article 2.5 (Public Notice Requirements) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows, with all other provisions in Section 10-3-253 B., including its table, remaining in place without amendment:
-35-
BO785-OOO92943845v2.doc
Development Special Public Notice Requirements
Application
View restoration 1. Notice to Foliage Owner(s): Notice that a formal request for a View Restoration Permit hearing has been filed with the City,attaching a copy of the application, a copy of the View RestorationGuidelines, and an authorization form that would allow staff and the Planning Commission to visit the Foliage Owner’s property shall bemailed in a timely manner after the application for a View Restoration Permit has been deemed complete.
2. Public Hearing Notice: Notice of any hearing held pursuant to this section shall be mailed at least 30 days prior to such hearing byUnited States mail, postage paid, to the applicant and to all ownerswho are identified as foliage owners in the view restoration permitapplication, as shown on the latest equalized assessment roll, as wellas residential occupants of the foliage owners’ properties.3. Notice Of Decision: Within 5 days after the issuance of adecision by the reviewing authority, the Director of Community Development shall cause a copy of the decision to be mailed through the United States mail, postage prepaid, to each of the following persons:
a. The view owner, using the mailing address set forth in the application;
b. Each foliage owner that is named on the application, as listed on a current Tax Assessor’s roll and to the occupant of the foliageowner’s property ifthe foliage owner’s address is different from the property on which the foliage is located.The failure ofthe person addressed to receive a copy ofthe decision shall not affect the validity or effectiveness of any decision. ,,
Section 44. Section 10-3-2739 (Guest Parking; Multiple-Family Residential Zones) of Article 27 (Other Use and Building Restrictions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) ofthe BHMC is hereby repealed.
Section 45. Subparagraph 4. or paragraph D. of Section 4-2-1740 (Operating Requirements) of Article 17.1 (Animal Grooming) of Chapter 2 (Regulatory Business Permits) ofTitle 4 (Regulation of Certain Types of Businesses and Activities) of the BHMC is hereby -36-
B0785-0009\2943845v2.doc
amended to read as follows, with all other provisions of section 4-2-1740 remaining in place without amendment:
“4. Animals shall not be boarded at the facility. Animals shall only be kept at a grooming facility for a reasonable time in order to perform the business of grooming.” Section 46. Section 10-3-1604 (Conditionally Permitted Uses) of Article 1 6 (Commercial Zone (C-3)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-1604: CONDITIONALLY PERMITTED USES:
The following uses shall be permitted in the C-3 Zone only if authorized by a conditionaluse permit issued pursuant to the provisions of article 38 of this chapter:
Alternative parking facilities used to provide required parking for commercial uses, excluding medical uses, pursuant to section 10-3-2730.4 of this chapter.
Amusement parks.
Brewing or manufacture of alcoholic beverages that is ancillary to a dining or bar use or isancillary to a retail store that sells alcoholic beverages.
Car washes that:
A. Are enclosed in a building;
B. Exclusively serve a business whose operation is primarily devoted to the sales, long term leasing or rental of automobiles or other motorized vehicles; C. Are located on the site of the business being served; and D. Do not exceed twenty feet (20’) in width or forty feet (40’) in length. -37-
B0785-0009\2943845v2.doc
When reviewing the conditional use permit application for such car washes, the Planning Commission shall consider the conditional use permit criteria set forth in section 10-3- 1613 of this article.
Childcare uses licensed pursuant to State law.Convenience stores not occupying a tenant space whose primary entrance opens into the interior of a commercial building.
Cosmetic spas pursuant to section 10-3-1620.2 of this article.
Drive-up, drive-in and drive-through facilities, subject to the provisions of section 10-3- 1612 of this article.
Educational institutions.
Hotels, subject to the provisions of article 28.6 of this chapter.Mini-shopping centers subject to the provisions of section 10-3-161 1 of this article.
Museums.
Nightclubs within the business triangle, subject to the provisions of section 10-3-1619 ofthis article. For the purposes ofthis use, the “business triangle” shall mean the area bounded by the centerline of Wilshire Boulevard, the centerline of Santa Monica Boulevard, south roadway, and the centerline of the alley between Canon Drive and Crescent Drive.
Off site parking pursuant to section 10-3-2733 of this chapter.
Private training centers of more than three thousand (3,000) square feet of floor area in the business triangle and more than two thousand (2,000) square feet of floor area outside thebusiness triangle.
Public utility uses, except as provided in section 10-3-2754 of this chapter.
Religious institutions.
-38-
B0785-0009’2943845v2.doc
Vehicles sales, service or fuel stations, subject to the provisions of section 10-3-16 13 of this article and not otherwise prohibited by section 10-3-1603 of this article.
A. The establishment or expansion of any activity that qualifies as a vehicle sales, service or fuel station use shall require a separate conditional use permit.
B. Notwithstanding other provisions of this use, a vehicle sales, service or fuel station that involves only the installation of vehicle accessories shall not require a conditional usepermit unless such vehicle sales, service or fuel station is located adjacent to a ResidentialZone or separated from a Residential Zone only by a public right-of-way. For the purposesof this use, the term “vehicle accessories” shall include, but not be limited to, tires andalarms, but shall not include engine or body parts.”Section 47. Section 10-3-2003 (Conditionally Permitted Uses) of Article 20 (Commercial Zone (C-5)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMCis hereby amended to read as follows:
“10-3-2003: CONDITIONALLY PERMITTED USES:The following uses shall be permitted in the C-5 zone only if authorized by a conditional use permit pursuant to the provisions of article 38 ofthis chapter:Alternative parking facilities used to provide required parking for commercial uses,excluding medical uses, pursuant to section 10-3-2730.4 of this chapter.
Brewing or manufacture of alcoholic beverages that is ancillary to a dining or bar use or is ancillary to a retail store that sells alcoholic beverages.Car washes that:
A. Are enclosed in a building;
-39-
BO785-OOO92943845v2.doc
B. Exclusively serve a business whose operation is primarily devoted to the sales, long term leasing or rental of automobiles or other motorized vehicles; C. Are located on the site of the business being served; and D. Do not exceed twenty feet (20’) in width or forty feet (40’) in length.
When reviewing the conditional use permit application for such car washes, the planning commission shall consider the conditional use permit criteria set forth in section 10-3-1613 of this chapter.
Convenience stores not occupying a tenant space whose primary entrance opens into the interior of a commercial building.
Educational institution uses teaching grade levels 1 through 12.
Gymnasium uses.Museum uses.
“Nightclub type activity” uses, as defined in section 10-3-2703 of this chapter.
Off site parking pursuant to section 10-3-2733 of this chapter.
Private screening rooms appurtenant to commercial office uses.
Religious institution uses.
Restaurant uses that are located on lots that abut Maple Drive, and that are open after six o’clock (6:00) P.M. However, nothing in this section shall permit the operation of a restaurant in violation of the requirements ofsection 10-3-2005 of this chapter.
Theater/auditorium uses with a maximum capacity of no more than four hundred fifty (450) persons.
Vehicle sales and service uses prohibited by section 10-3-2002 of this chapter, but in existence on September 1, 1991. Any expansion of such use shall require a conditional use -40-
B0785-0009\2943845v2doc
permit and shall be limited to property that is contiguous to the site area occupied by the use on September 1, 1991.Veterinary hospital uses prohibited by section 10-3-2002 of this chapter, but in existenceon September 1, 1991. Any expansion of such use shall require a conditional use permitand shall be limited to the site area occupied by the use on September 1, 1991.
Those uses not specifically permitted or prohibited by this article or otherwiseconditionally permitted by this section.” Section 48. Section 10-3-1620.3 (Pet Boarding Facilities) of Article 16 (Commercial Zone (C-3)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is herebyrepealed.
Section 49. CEQA Determination. 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 ofRegulations, Title 14, Sections 15000, et seq.), and the City’s Local CEQA Guidelines (hereafter the “Guidelines”). The City Council finds that the introduction and adoption of the Amendmentsare exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines, which appliesthe ‘general rule’ that CEQA does not extend to projects with no significant environmental effect.
The Amendments are also exempt under Section 15060(c)(2) of the CEQA Guidelines because nodirect or reasonably foreseeable indirect physical environmental changes are expected. The project involves amending the existing zoning code with minor semantic changes and updates for consistency with state law. As such, there is no possibility that the Amendments would result in a significant effect on the environment because the modifications do not enable any physical changes to the environment, directly or indirectly.
-41 -
B0785-0009\2943845v2.doc
Section 50. 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 anyreason 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 51. 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, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City.
Section 52. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (3 1st) day after its passage.
Adopted:
Effective:
LESTER J. FRIEDMAN
Mayor of the City of Beverly Hills,California
ATTEST:
(SEAL)
HUMA ARMEDCity Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager
EXHIBIT A -Zoning Map
-42-
80785-0009\2943845v2.doc
EXHIBIT A — Zoning Map
-43-
B0785-0009’2943845v2.doc
BEVERLY BLVD
CINTHIA ST
N ORLANDO AVE N ORLANDO AVE
SAN YSIDRO DR
SAN YSIDRO DR
S ROBERTSON BLV
D E VO N AVE
LOM A V SI TA DR
LARRABEE
N DOHENY DR
W
SU
N
SET BLV D
C OL DWATER CANYON DR
COLDWATER CANYON DR
S BEVERLY DR
W
PICO
BLVD
WILSHIRE BLVD WILSHIRE BLVD
WILSHIRE BLVD
WILSHIRE BLVD
SANTA MONICA BLVD
SANTA MONICA BLVD
CRESCENT
DR
WARNALL AVE
W 3RD ST
SAN VICENTE BLVD
S CAMDEN DR
SUNSET
BLVD
SUNSET BLVD
M
ORENO
DR
N OAKHURST DR
N MAPLE DR
N PALM DR
N MAPLE DR
S BEDFORD DR
BENEDICT
C ANYON DR
FOX HILLS DR
CENTURY PARK
N LE DOUX RD
LAKE DR
N HAMEL DR
BENECIA AVE
SCHUMACHER
HOLLOWAY
DOHENY
ALFRED
RD
N
ROXBURY
DR
N
BEDFORD
DR
N RODEO DR
EVERWIL
S WOOSTER S
REEVES ST
GLENVILLE DR
CARDIFF AVE
CLUB VIEW DR
LAUREL WAY
N CROFT AVE
S DOHENY DR
S P ALDING DR
SPALDING DR
BRIER D
R
EASTBORNE
AVE
ANGELO DR
W OLYMPIC BLVD
HA
RTFORD WAY
KEITH AVE
N SIERRA DR
N CANON DR
PECK DR
TOW ER RD
N CRESCENT
DR
N CRESCENT DR
MELROSE
VIDOR DR
DAYTON WAY
SHERWOOD
S ALFRED ST
W 4TH ST
DURANT DR
ALPINE DR
ALPINE DR
HILLC REST RD
HILLCREST RD
MELROSE AVE
LL O YD
PL
WHITTIER DR
WHITT EI R DR
SUM MIT DR
CARMELITA AVE
CHEROKEE
LN
FOOTHILL RD
PARK WAY
N REXFORD DR
N REXFORD DR
N DOHENY DR
N WETHERLY DR
CIVIC
CENTER
DR
N LA PEER DR
N SWALL DR
N CLARK DR
LOMITAS AVE
DICKS ST
BLACKBURN AVE
S HAMEL DR
TRENTON DR
ALTA DR
N CROFT AVE
OLIVE
RANGELY AVE
DORRINGTON AVE
N ELM DR
S CANON DR
S OAKHURST DR
S WETHERLY DR
S ELM DR
ALF RED
S SWALL DR
WALDEN
DR
S ALMONT DR
S CLARK DR
REEVES DR
S PALM DR
ELCAMINO DR
S MAPLE DR
S CRESCENT DR
S LINDEN DR
MCCARTY DR
S REXFORD DR
S ROXBURY DR
BONNER
LAKE FRANKLIN DR
S CORN NI G ST
N BEVE R LY DR
N
LINDEN
DR
S GALE DR
ARDEN DR
ROBERT LN
KINGS
N PALM DR
N CARSON RD
FE R R
ARIDR
N MAPLE DR
HEATH AVE
N STANLEY DR
EDRIS DR
STANLEY HILLS DR
CLARK ST
FOOTHILL RD
EVELYN PL
REXFORD DR
ENSLEY AVE
PALM AVE
MARILY N DR
N OAKHURST DR
S ORLANDO AVE
BRIGHTON WAY
MGM DR
HOLT AVE
MOUNTAIN
DR
N ELM DR
N ALMONT DR
HILL CREST DR
NORWICH
N HAMILTON DR
WOODLAND DR
COV E WAY
BEVERLY PK
CHALETTE
DR
RI DGE M ONT DR
N LA CIENEGA BLVD
GREGORY WAY
GREGORY WAY
OLYMPIC BLVD OLYMPIC BLVD OLYMPIC BLVD
S RODEO DR
S LA PEER DR
WHITWORTH DR
S SHENANDOAH S
S BEDFORD ST
S SHERBOURNE D
S HOLT AVE
S LA CIENEGA BLVD
OLYMPIC BLVD
CHALMERS DR
OAKHURST DR
CANF EI LD AVE
S CREST DR
L VI ON AI AV
S LA JOLLA AVE
ALVIRA S
GALAXY W AY
S BEVERLY DR
AVENUE OF THE STAR
CONSTELLATION BLVD
CENTURY PK W
THAYER AVE
HOLMBY AVE
S BEVERLY GLEN B L VD
S BEVE RLY GLEN BLV D
COMSTO C K AVE
VIRGINIA
SMITHWOOD
DANIELS AVE
CASTELLO
M
O
O
R
WILLAMAN DR
M
A
RYLAN
W 5TH S
DREXEL AV
COLG
ATE AV
N ROBERTSON BLVD
N ARNAZ DR
W 3RD ST
ALDEN DR
W 3RD ST
ALDEN DR
BURTON WAY
S SAN VICENTE BLVD
OAKWOOD AVE
BEVERLY BLVD
ASHCROFT AVE
ROSEWOOD AVE
N PALM DR
ROSEWOOD
AVE
WESTBOUR NE
WESTMOUN T
WEST KNOLL
N DOHENY DR
N CAMDEN
DR
N BEVERLY DR
CARMELITA AVE
ELEVADO AVE
SUNSET BLVD SU NSET
BLVD
N SANTA MONICA BLVD
S SANTA MONICA BLVD
PANDORA AVE
N ROXBURY DR
N CRESCENT DR
N BEVERLY DR
N REXFORD D R
S CH U YLER RD
WALLACE RI D GE HILLCREST R
C
D
ARLA RIDGE
LOMA VIS TA D R
A
RKELL DR
C ARLA RIDGE
CASTLE PL
TRO USDA L E PL
MAR T I N LN
HAYNES
CALLE V SI TA DR
LAGO V I STA
DR
SUM MI T DR
SA N YSIDRO DR
TO WER RD
TOW ER GROV E DR
SUMMIT RI DGE DR
LAUREL WAYFRANKL NI CAN YO N DR
W ONDERLAND AVE
L O
OKOUT MOUNTAIN AVE
BL U E JAY WAY
RISING GLEN R D
WALNUT DR
RIDPATH DR
KIRKW O O D DR
G R A ND VIE W
APPIAN WAY
NIGHTIN G
ALE DR
KINGS
Q UEENS RD
SUNSE T PLAZA DR
T HR
S HER
S EI RRAA LTA WAY
N DOHEN Y D R
HILLDALE
HAMMOND ST
HANCOCK AVE
N DOHENY DR
SUNS E T PL A Z A
LON D ONDERRY
N WETHE R L Y DR
R U G BY PL
A PPIAN WAY
S UNSET CREST
HILLGREEN DR
LASKY DR
HACIENDA
FOUNTAIN AVE
ALTA LOMA
WEST KNOLL
CLINTON AVE
CHARLEVILLE BLVD
W PICO BLV
D
CHARLEVILLE BLVD
LOMITAS AVE
N BEV ERLY DR
S BEVERLY DR
HUNTLEY
N LA CIENEGA BLVD
BURTON WAY
CLIFTON WAY
SHA DOW HI L L WAY
LO MA LIND
A DR
Zoning Map - City of Beverly Hills
ZONESSINGLE FAMILY RESIDENTIAL
R-1 One-Family Residential ZoneR-1.X One-Family Residential ZoneR-1.5X One-Family Residential ZoneR-1.5X2 One-Family Residential ZoneR-1.6X One-Family Residential ZoneR-1.7X One-Family Residential ZoneR-1.8X One-Family Residential Zone
MULTI-FAMILY RESIDENTIAL
R-3 Multiple Residential ZoneR-4 Multiple Residential ZoneR-4X1 Residential Income and Multiple Dwelling ZoneR-4X2 Multiple Residential ZoneR-4-P Residential Parking ZoneRMCP Multiple-Family Residential-Commercial ParkingZone
COMMERCIAL
C-3 Commercial ZoneC-3A Commercial ZoneC-3B Commercial ZoneC-3T-1 Commercial-Transition ZoneC-3T-2 Commercial-Transition ZoneC-3T-3 Commercial-Transition ZoneC-5 Commercial Zone
INSTITUTIONAL/GOVERNMENT
5HOLJLRXV,QVWLWXWLRQ=RQHP-S Public Service ZoneS SchoolT-1 Transportation ZoneParks, Reservoirs, Government (Unzoned)
SPECIFIC PLAN AREAS & OVERLAY
9900 Wilshire Specific PlanBeverly Hilton Specific PlanBeverly Hills Garden Specific PlanBeverly Hills Hotel Specific PlanOne Beverly Hills Overlay Specific PlanC-3 (AR) Adaptive Reuse Planned Development OverlayZoneC-H(O) Commercial Hotel Overlay ZoneC-R Commercial-Retail Overlay ZoneC-R-PD Commercial Retail Planned Development OverlayZoneE-O-PD Entertainment Office Planned DevelopmentOverlay ZoneM-PD-2 Mixed Use Planned Development Overlay ZoneM-PD-3 Mixed Use Planned Development Overlay ZoneM-PD-4 Mixed Use Planned Development Overlay ZoneM-PD-5 Mixed Use Planned Development Overlay ZoneMedical Use Overlay ZoneT-O Transportation Overlay ZoneMixed Use Overlay ZoneHillside Area and Central Area BoundaryCity Boundary This map is for informational purposes. The City of
Beverly Hills makes no representations or warranties
of any kind with respect to the accuracy of the
information or data furnished herein.
Map produced by: City of Beverly Hills - IT - GIS
455 N. Rexford Dr. Beverly Hills, CA 90210
October 05, 2021
TROUSDALE
ESTATES
HILLSIDE
AREA
CENTRAL
AREA
E
0 970 1,940Feet
1:19,500
N ROBERTSON BLVD S ROBERTSON BLVD
5-61