AGENDA REPORT
Meeting Date: October 28, 2025
Item Number:
To: Honorable Mayor & City Council
From: Laurence S. Wiener, City Attorney
Subject: AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING CHAPTER 3 (ZONING) OF TITLE 10 (PLANNING AND ZONING) OF THE BEVERLY HILLS
MUNICIPAL CODE RELATED TO MULTI-FAMILY RESIDENTIAL
DEVELOPMENT, OBJECTIVE DESIGN STANDARDS, AND FINDING THE
ORDINANCE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA)
Attachments: 1. Ordinance
RECOMMENDATIONIt is recommended that the City Council move to waive the full reading and adopt the ordinance entitled: “AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING CHAPTER 3 (ZONING) OF TITLE 10 (PLANNING AND ZONING) OF THE BEVERLY HILLS MUNICIPAL
CODE RELATED TO MULTI-FAMILY RESIDENTIAL DEVELOPMENT, OBJECTIVE DESIGN
STANDARDS, AND FINDING THE ORDINANCE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)”.INTRODUCTION
At its meeting of September 30, 2025, the City Council conducted a first reading of this ordinance and introduced it.
DISCUSSION
This ordinance amends Chapter 3 of Title 10 of the Beverly Hills Municipal Code to introduce Objective Design Standards (ODS) when reviewing housing projects. The proposed ODS would apply to multi-family housing developments with at least one affordable unit. Additionally, the ordinance clarifies existing regulations for multifamily residential developments to reduce housingconstraints.
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Meeting Date: October 28, 2025
At the meeting on September 30, 2025, the City Council made a change to the ODS (attached as Exhibit A to the ordinance) to increase the modulation requirement in section 10-3-2806 B 2. from 5’ to 6’ (in the table). This change has now been incorporated into the ordinance being presented to the City Council for adoption.
FISCAL IMPACT
No fiscal impact is anticipated as a result of this action.
Laurence S. Wiener
City Attorney
Approved By
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Attachment
1 ORDINANCE NO. 25-0-
AN ORDINANCE OF THE CITY OF BEVERLY HILLSAMENDING CHAPTER 3 (ZONING) OF TITLE 10 (PLANNING
AND ZONING) OF THE BEVERLY HILLS MUNICIPAL CODE
RELATED TO MULTI-FAMILY RESIDENTIAL
DEVELOPMENT, OBJECTIVE DESIGN STANDARDS, AND
FINDING THE ORDINANCE EXEMPT FROM THECALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) WHEREAS, recent amendments and ongoing trends in state housing laws— including the Housing Accountability Act (Gov. Code § 65589.5) and the Housing Crisis Act of 2019 (Gov. Code § 65941.1, 65905.5, 66300)—limit the City’s authority to disapprove or reduce the density of housing projects that comply with all objective GeneralPlan, zoning, and design standards; WHEREAS, Government Code §66300(a)(7) defines an “objective design standard” as a standard that involves no personal or subj ective judgment by a public official and is uniformly verifiable by reference to an external and objective benchmark, and the City seeks to adopt and apply standards meeting that definition; WHEREAS, the proposed amendments are consistent with the City’s General Plan, including goals and policies promoting high-quality design, the preservation ofneighborhood character, and streamlined housing production; WHEREAS, the City conducted publicly noticed study sessions on the concept of objective design standards with the Planning Commission on November 14, 2024, and withthe Architectural and Design Review Commission on January 25, 2025, during which the B0785-0001\3 164136v1 .doc
need for objective standards was introduced and discussed, and the commissions provided direction on potential ODS topics;
WHEREAS, at these study sessions, both the Planning Commission and the Architectural and Design Review Commission appointed ad hoc committees, eachcomposed of two appointed members from the respective commission; and the appointedmembers of the two ad hoc committees worked closely with City staff to identify coredesign principles and priorities, and subsequently developed preliminary draft ODSdocument reflecting those identified priorities for formal consideration; WHEREAS, on April 23, 2025, City staff held a listening session with local architects and designers of housing projects to evaluate the practical application, feasibility, and enforceability of the proposed ODS concepts; and the Objective Design Standards ad hoc committees reviewed the recommendations accordingly and incorporated relevantrefinements into the final ODS adopted herein; WHEREAS, on July 16, 2025, the Architectural and Design Review Commission held a duly noticed study session to review the draft ODS and related process amendments in Article 28, affirming general support while expressly noting concerns about thefeasibility and enforceability of Standard No. S6.1 (Variety of Materials), which requires a minimum ofthree (3) distinct materials on each street-facing façade; these concerns wereformally transmitted to the Planning Commission for further evaluation; 2 B0785-0001\3 164136v1 .doc
WHEREAS, the Planning Commission considered this Ordinance on August 28, 2025, at a duly noticed public hearing, as prescribed by law, at which time interested persons had an opportunity to and did testify either in support or against this matter. At theconclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission found that the public interest, health, safety, morals,peace, comfort, convenience, or general welfare requires the Zoning Text Amendment and adopted Resolution No. 2092, recommending approval of the Ordinance by the CityCouncil and that the City Council find the Ordinance exempt from the CEQA; and WHEREAS, the City Council considered the Ordinance on September 30, 2025, at a duly noticed public hearing, as prescribed by law, at which time interested persons hadan opportunity to and did testify either in support or against this matter. Following thepublic hearing, the City Council considered the entire record of information received at thepublic hearings before the Planning Commission and City Council.
THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY ORDAINS AS FOLLOWS:
Section 1. Adoption of Zoning Text Amendments. The Beverly Hills Municipal Code (“BHMC”) is hereby amended as set forth in Sections 2 through 8 of this Ordinance. Article 28 ofChapter 3 is amended in its entirety as shown in Exhibit A, attached hereto and incorporated herein by reference.
Section 2. Amendment to Define “Objective Design Standard.” A new definition for “Objective Design Standard” is hereby added to in Section 10-3-100 of Article 1 (Definitions) in 3 B0785-000I\3 164136v1 .doc
Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC, inserted alphabetically between the existing definitions of “Nonresidential Zone” and “One-Family or Single-FamilyResidence or Dwelling,” to read as follows:
“OBJECTIVE DESIGN STANDARD: A standard as defined by Government Code §66300(a)(7) as it may be amended from time to time. For the purposes of this title, such a standard (i) involves no personal judgement, (ii) is uniformly verifiable by reference toexternal and objective benchmarks, and (iii) may be applied ministerially.”Section 3. Amendment to Definition of “Height of Building.” Paragraph B (regarding Multiple-Family residential zones) of the definition of “Height of Building” in Section 10-3-100 of Article 1 (Definitions) in Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended by adding a new subparagraph 11 to read as follows, with all other provisions ofthe “Height of Building” definition remain unchanged:
“11. Rooftop Noise Barrier: A transparent or clear barrier placed on the rooftop of a building not exceeding six feet (6’) in height, measured from the finished floor surface ofthe adjacent rooftop deck.” Section 4. Amendment to R-4 Permit Standards. Section 10-3-2850 (R-4 Permits That May Be Granted) of Article 28.5 (R-4 Permits of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended in its entirety to read as follows:
“10-3-2850: R-4 PERMITS THAT MAY BE GRANTED:
Notwithstanding any other provision of this chapter, upon application by a property owner in a form satisfactory to the director of planning and community development, the 4 B0785-0001\3 164136v1 .doc
reviewing authority may issue an R-4 permit to the following development standards as provided within this chapter:
A. Subsections 10-3-2808B, C and El regarding rear setbacks;B. Subsection l0-3-2804D1 regarding the height of buildings and rooftop bathroom facilities;
a. Section 10-3-2806 C. regarding the depth of required modulation;C. Section 10-3-2809 regarding length of buildings; D. Section 10-3-2813 regarding front yard paving;E. Section 10-3-2819 to permit residential units above existing garages or carports;F. Subsection 10-3-1238 A. regarding setback encroachments; G. Subsection 10-3-2806 D.4.b.i. regarding the percentage of front façade of the first two (2) stories of a large scale multiple residential development that is required to be built to the front setback line;
b. Section 10-3-2804 D.2. regarding extension of legally nonconforming height;H. Section 10-3-5001 regarding multi-family accessory dwelling unit development standards;
c. Sections 10-3-2808 B. and C. regarding replacement or expansion of a garage orcarport; andd. Section 10-3-28 16 F. regarding unit bonus parking.” Section 5. Amendment to Architectural Review Requirements. Subsection (A)( 1) of Section 10-3-3007 (Architectural And Design Review Required) of Article 30 (Architectural And Design Review Commission, Architectural Review) of Chapter 3 (Zoning) of Title 10 (Planning 5 B0785-0001\3164136v1 .doc
and Zoning) of the BHMC is hereby amended to read as follows, with all other provisions of Section 10-3-3007 remain unchanged:
“A. 1. Approval: No building, structure, sign, wall, fence, or landscaping located in any zone, otherthan a single-family (one-family) residential zone in the Hillside Area or Trousdale Estates, shall be erected, constructed, altered, or remodeled unless the elevations and plans for the exterior portions and areas and the interiors of mall areas, as defined in section 10-3-100 of this chapter, have first been reviewed and approved by the Director pursuant to subsection E ofthis section, orby the Architectural and Design Review Commission, or by the Council on appeal. In addition, new construction of multi-family residential development (not part of a mixed-use development)requesting more than five (5) deviations from the Objective Design Standards as adopted by Resolution of the City Council pursuant to section 10-3-2800.5 of this chapter that are requested through incentives, concessions, or waivers as part of a state density bonus project (pursuant to Government code section 65915 through 65918, et. Seq or any successor statute) and reviewed pursuant to section 10-3-3100 of this chapter, shall require approval by the Architectural and Design Review Commission, or by the Council on appeal.” Section 6. Amendment to Architectural Review Requirements. Subsection (J) of Section 10-3-3007 (Architectural And Design Review Required) of Article 30 (Architectural And Design Review Commission, Architectural Review) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows, with all other provisions of Section 10-3-3007 remain unchanged:
“J. Exemption: The provisions of this article shall not apply to:
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1. New construction of multi-family residential development, not part of a mixed-use development, fully compliant with the Objective Design Standards as adopted byResolution of the City Council pursuant to section 10-3-2800.5 of this chapter or with up to five (5) deviations from the Objective Design Standards as adopted by Resolution of the City Council pursuant to section 10-3-2800.5 of this code that are requested through incentives, concessions, or waivers as part of a state density bonus project (pursuant to Government code section 65915 through 65918, et. Seq or any successorstatute), if approved by the Planning Commission per section 10-3-3 100 ofthis chapter.
2. Certain single-family projects as described in subsection 10-3-2426B of thischapter.” Section 7. Amendment to Development Plan Review Procedure. Section 10-3-3 100 (Development Plan Review Required) in Article 31 (Development Plan Review) in Chapter 3(Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to add a newsubsection (I) as follows, with all other provisions of Section 10-3-3100 remain unchanged:
“I. Any multi-family residential project requesting up to five (5) deviations from the Objective Design Standards as adopted by Resolution of the City Council pursuant tosection 10-3-2800.5 of this chapter that are requested through incentives, concessions, or waivers as part of a state density bonus project (pursuant to Government code section 65915 through 65918, et. Seq or any successor statute).” Section 8. Amendment to Development Plan Review Authority for ODS Deviations.
Subsection (A) of Section 10-3-3102 (Reviewing Authority for Development Plan Review Applications) in Article 31 (Development Plan Review) in Chapter 3 (Zoning) ofTitle 10 (Planning 7 B0785-000I\3 164136v1 .doc
and Zoning) ofthe BHMC is hereby amended to add a new subsection (8) as follows, with all other provisions of Section 10-3-3 102 remaining unchanged:
“8. Any multi-family residential project requesting up to five (5) deviations from the Objective Design Standards as adopted by Resolution of the City Council pursuant tosection 10-3-2800.5 of this chapter that are requested through incentives, concessions, or waivers as part of a state density bonus project (pursuant to Government code section65915 through 65918, et. Seq or any successor statute).” Section 9. Amendment to Development Plan Review Standards for ODS Compliance.
Subsection (A) of Section 10-3-3104 (Standard of Review of Development Plan Review Applications) in Article 31 (Development Plan Review) in Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the I3HMC is hereby amended as follows, with all other provisions of Section 10-3-3 102 remaining unchanged:
“A. The proposed plan is consistent with the general plan and any specific plansadopted for the area, and complies with all development standards and ObjectiveDesign Standards as adopted by Resolution ofthe City Council pursuant to section 10-3-2800.5 of this chapter, unless deviations from standards are authorized through state density bonus law (pursuant to Government code section 65915 through 65918, et. Seq or any successor statute) or pursuant to section 10-3-3 100 of this chapter.
Section 10. General Plan Consistency. The City Council finds that the provisions ofthis Ordinance are consistent with the City’s General Plan, including the Housing Element, as follows:
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a. Land Use Element Goals and Policies
i. General Plan Goals LU 2 (Community Character and Quality) and LU 7 (Multi Family Residential Neighborhoods) envision multi-family residential areasdistinguished by a high level of design quality in site planning, architecture,landscaping, and compatibility with their context. The ODS furthers these goals by codifying the City’s heritage of exceptional architectural design into clear objective standards such as additional façade articulation, limits on building massing, and other contextual design requirements.ii. Land Use Policy LU 5.1 (Neighborhood Conservation): Policy LU 5.1, underGoal LU 5 (Complete, Livable, and Quality Neighborhoods), calls for maintaining the uses, densities, character, amenities, and quality of the City’s residential neighborhoods. Adoption of objective design standards does not change density, height, setbacks or other development standards, and directly advances this policyby regulating the form and design of new multi-family buildings with their surroundings.
b. Housing Element Goals and Policies
i. Housing Element Program 12.1 (Development Standards): Housing ElementImplementation Program 12.1 outlines several code updates to facilitate housingdevelopment, including: adopting specific objective design review findings andstandards for multi-family and mixed-use residential projects; streamlining theapproval process by allowing Director-level architectural review for multi-family and mixed-use residential projects that include affordable housing; simplifying various 9 80785-0001\3 164 136v1.doc
requirements for multi-family buildings including modulation and parking; reducing minimum unit size requirements; and adopting objective design standards for multifamily residential projects by 2026 (with accompanying clear design guides forapplicants). This Ordinance directly implements aspects of Program 12.1 by providing objective design standards for multi-family residential projects and by creating astreamlined, Director-level design review path (with limited deviations) for projects that include affordable units and updating multi-family residential development standards.
Section 11. CEQA. This ordinance has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQAGuidelines, and the environmental regulations ofthe City. The City Council finds and declares the ordinance does not require additional environmental review under CEQA pursuant to Guidelines Sections 15162 (Subsequent EIRs and Negative Declarations) and are categorically exempt from further review under Section 15305 (Class 5 — Minor Alterations in Land Use Limitations), basedon the following determinations:
a. Consistency with Prior Housing Element Analysis: Pursuant to CEQA Section 15162, the provisions of this ordinance (including the ODS document and related code amendments) are within the scope of and consistent with the Addendum to theMitigated Negative Declaration for the Amendments to the Adopted 2021 - 2029 Cityof l3everly Hills Housing Element (State Clearinghouse No. 2021090102), which wasadopted by the City Council on March 18, 2024 and certified by the State Departmentof Housing and Community Development on May 1, 2024. The design standards and procedures established by this Ordinance implement Housing Element Program 12.1 10 B0785-0001\3 164136v1 .doc
and do not introduce new significant environmental effects, directly or indirectly, beyond those already analyzed in the Addendum to the Mitigated Negative Declaration.b. Class 5 Categorical Exemption (Minor Alterations in Land Use Limitations):Independently, the City Council finds this Ordinance qualifies for the Class 5Categorical exemption under CEQA Guidelines Section 15305 as a minor alternationin land use limitations. The Objective Design Standards and associated zoning text amendments do not change the permitted density or intensity of development on any property. Moreover, the amendments do not apply to residential properties in the Citywith impose objective design requirements and streamline certain review procedureswithout authorizing any increase in development potential beyond what is allowedunder existing zoning and the General Plan. Accordingly, the regulatory changes areminor land use clarifications that will not have a significant effect on the environment.
Section 12. 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 13. 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. 11 B0785-0001\3 164 136v I .doc
Section 14. 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. The City Clerk is directed to certify to the enactment of this Ordinance and to cause this Ordinance to be published and/orposted as required by law.
Adopted:Effective:
SHARONA R. NAZARIAN, PSYD
Mayor of the City of Beverly Hills,California
ATTEST:
_________________________(SEAL)
HUMA AHMEDCity Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:LAURENCE S. WIENER NANCY HUNT-COFFEYCity Attorney City Manager Exhibit A: Zoning Text Amendments to Article 28 of the Zoning Code (Multiple-Family Residential Development Standards)
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EXHIBIT
A
Zoning Text Amendments to Article 28 of the Zoning Code (Multiple-Family Residential Development Standards)
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EXHIBIT “A”
Article 28 (Multiple-Family Residential Development Standards) Article 28 (Multiple-Family Residential Development Standards) in Chapter 3 (Zoning) ofTitle 10 (Planning and Zoning) of the Beverly Hills Municipal Code is hereby revised in its entirety as follows:
ARTICLE 28. MULTIPLE-FAMILY RESIDENTIAL
DEVELOPMENT STANDARDS10-3-2800: APPLICABILITY:Except as specifically provided in articles 12.5 and 12.8 of this chapter to accommodatehousing for seniors and disabled persons, the development standards set forth in this article shall apply to all properties zoned R-3, R-4, R-4X1, and R-4X2. Nothing required by this article shall be construed to supersede the requirements set forth in chapter 2, article 7 of this title regarding the conversion of the form of ownership of an existing rentalapartment building that has been determined by the planning commission to be a“character contributing building” in accordance with section 10-2-707 of this title to acommon interest development within the meaning and definitions of that article. (Ord. 95- 0-2239, eff. 7-7-1 995; amd. Ord. 96-0-2266, eff. 10-1 8-1 996; Ord. 06-0-2497, eff. 4-6- 2006)
10-3-2800.5: OBJECTIVE DESIGN STANDARDS:
A. Purpose and Applicability: The Beverly Hills Objective Design Standards (ODS), adopted by City Council resolution, shall apply to all new multi-family residential development that contain at least one deed-restricted affordable housing unit. The ODS protect Beverly Hills’ architectural legacy by requiring articulated facades, contextsensitive design elements, high-quality materials, and transitions adjacent to historiclandmarks, among other design standards. By removing subjective design discretion, the standards facilitate predictable, efficient housing approvals, consistent with Government Code § 65589.5(h)(2), 65913.4 and similar statutes.
B. Architectural Review Exemption: Projects meeting all applicable ODS standards shall be exempt from architectural review pursuant to section 10-3-3007.J (Architectural Review Required) of this code. All other discretionary entitlements as required by this code remain applicable.
C. Concurrent Compliance: Projects subject to the ODS must also comply with all applicable development standards set forth in this article 28.
D. Resolving Conflicts Between Standards: Where a design element is regulated by both article 28 and the IODS, the more restrictive standard shall govern unless stated otherwise within the ODS.
F. Advisory Guidelines: In addition to the mandatory Objective Design Standards, advisory guide may be included in the ODS. which are intended to be advisory, do not impose mandatory requirements, and may be voluntarily used by applicants during discretionary Development Plan Review processes pursuant to section 10-3-3100. 10-3-2801: DENSITY:
The maximum number of dwelling units that may be constructed on a multiple-familyzoned property is determined according to the street width of the site proposed fordevelopment and proximity to single-family residential zones.
Fractional calculations resulting in a remainder of site area exceeding seventy-five percent (75%) of the minimum required square footage per dwelling unit shall be rounded up to the next whole unit.
A. Within 1 70 Feet of A Single-Family Lot: The site is located less than 170 feet from the nearest single-family zoned property.
Lot Width Density
Less than 60 ft. 1 dwelling unit per 1 ,700 sq. ft. of site area 60 ft. to 120 ft. 1 dwelling unit per I ,450 sq. ft. of site area More than 120 ft. I dwelling unit per 1 ,200 sq. ft. of site area B. Streets Less than 34 Feet Wide: The site is not subject to Condition A, but is located on a public street with a width of less than 34 feet.
Lot Width Density
Less than 60 ft. I dwelling unit per 1 ,500 sq. ft. of site area 60 ft. to 120 ft. I dwelling unit per I 200 sq. ft. of site area More than 120 ft. I dwelling unit per 1,000 sq. ft. of site area C. All Other Sites: The site is neither subject to Condition A nor B, and is at least 170 feet from a single-family lot and located on a street at least 34 feet wide.
Lot Width Density
Less than 60 ft. I dwelling unit per I ,300 sq. ft. of site area 60 ft. to 120 ft. I dwelling unit per 1,100 sq. ft. of site area More than 120 ft. I dwelling unit per 900 sq. ft. of site area D. Efficiency Bonus Unit: One additional dwelling unit may be permitted on a multiplefamily residential site, and such additional unit shall not be subject to the density limitations of this section, provided that the additional unit is an efficiency unit and that the multiple-family residential building complies with all other development standards of this article.
E. Legal Nonconforming Units:
Notwithstanding the density limits established in section 10-3-2801 of this chapter, a property with more dwelling units existing than permitted by the density limits established in this code or the City’s adopted General Plan shall reconstruct the same number of units that currently exist on site to comply with the criteria in Government Code Section 66300.6 (“demolition of housing units”) or its successor statute, provided the units were lawfully established and all new construction complies with applicable development standards.This provision shall also apply to any sites listed on the City’s adopted Housing Element Sites Inventory. (Ord. 95-0-2239, eff. 7-7-1 995; amd. Ord. 96-0-2266, eff. 10-18-1 996; Ord. 000-2351, eff. 10-20-2000) 10-3-2802: MINIMUM FLOOR AREA FOR DWELLING UNITS:
A. The following minimum floor area requirements shall apply to dwelling units within a multiple-family residential development:
Dwelling Type Minimum Floor Area
1. Efficiency Unit and 500 sq ft
One_Bedroom
2. Two or More 800 sqft
Bedrooms
B. Outdoor Living Space: One-half (1/2) of the square footage of outdoor living space required by section 10-3-2803 of this chapter may be counted as part of the floor area of a dwelling unit if such outdoor living space:
1. Does not project into any required yard;
2. Is contiguous to the dwelling unit; and3. Is designated for the exclusive use of the dwelling unit.
However, the outdoor living space shall not be counted as more than ten percent (10%) of the required minimum floor area of the dwelling unit.
C. Dwelling Unit Defined: Every room with a separate entrance from the street or from a common area of a building, which room is capable of being used as a bedroom, shall be deemed to be a separate dwelling unit if such room has its own bathroom or an adjoining bathroom. (Ord. 95-0-2239, eff. 7-7-1995; amd. Ord. 96-0-2266, eff. 10-18-1996;Ord. 00-0-2351, eff. 10-20-2000) 10-3-2803: OUTDOOR LIVING SPACE REQUIRED:Each site area shall contain at least two hundred (200) square feet of usable outdoor living space for each dwelling unit. Required outdoor living space may be provided asprivate outdoor living space, common outdoor living space, or a combination of both, subject to the standards applicable to each type as follows:
The outdoor living space shall comply with the following conditions:
A. Private Outdoor Living Space: Area contiguous to a dwelling unit for exclusive use.
1. Minimum Size: Each dimension, including the length, width and depth of such space, shall measure at least five feet (5’).
2. Required Location: Space shall be provided on or above the ground level and shall be screened from ground level.
B. Common Outdoor Living Space: Area developed for the use and recreation of all residents of the site
1. Minimum Size: Each dimension, including the length, width and depth of such space, shall measure at least fifteen feet (15’).
2. Required Location: Space shall be provided on or above the ground level.
C. Areas Excluded from Outdoor Living Space: The following shall not count toward outdoor living space:
1. Projections into Front Yards and Yard Areas Above Ground Level: Areas that project into a required front yard or into a required yard above the ground level.
2. Nonrecreational or Non-Accessible Areas: Portions of any parking space, driveway, pedestrian accessway, or utility area, such as a pool equipment area or trash area.
D. All required outdoor living space shall be free and clear of any permanent obstructions, developed and maintained in a neat and orderly manner and shall be safe, adequately surfaced, and accessible to the occupants of the dwelling units served by the space. (Ord. 95-0-2239, eff, 7-7-1995; amd. Ord. 96-0-2266, eff. 10-18-1996) 10-3-2804: HEIGHT LIMITS OF BUILDINGS IN MULTIPLE-FAMILY RESIDENTIAL ZONES:
A. General Height Limitation: No building or structure in a multiple-family residential zone shall exceed the height limits as designated by the official Height District Maps adopted by the City Council and maintained by the city clerk and the department ofcommunity development.
Height District Height Limit Maximum Number of
Stories
1. District A 33 feet 3 stories
2. District B 45 feet 4 stories
3. District C 55 feet 5 stories
B. Height Restriction for Narrow Lots: Regardless of the height district, no building or structure located on a site that is less than or equal to sixty feet (60’) in width shall exceed three (3) stories or thirty three feet (33’) in height.
C. Height District Boundaries: The boundaries of height districts A, B, and C are identified on the height district maps adopted by the city council and on file in the office of the city clerk and in the department of planning and community development. For purposes of clarification, where any single block is divided into two (2) or more height districts without an alley separating such height districts, the following provisions shall be applicable:
1. For those multiple-family residential zoned blocks lying within the area bounded on the east by the first alley west of Doheny Drive, bounded on the west by the first alley west of Spalding Drive, and bounded by Wilshire Boulevard on the north and Charleville Boulevard on the south:
a. The first two (2) lots adjacent to the commercial zone south of Wilshire Boulevard shall be in height district C;
b. The first two (2) lots north of Charleville Boulevard shall be in height district A, excepting therefrom the first two (2) lots north of Charleville Boulevard and lying withinthe first block west of Spalding Drive, the first two (2) lots north of Charleville Boulevard and lying within the first block west of Reeves Drive, and the first two (2) lots north ofCharleville Boulevard between Rodeo Drive and the first alley west of Rodeo Drive; c. All remaining lots in said area shall be in height district B.
2. The first two (2) lots at the southwest corner of Charleville Boulevard and El Camino Drive and the first two (2) lots at the southeast corner of Charleville Boulevardand El Camino Drive shall be in height district A.
3. Those multiple-family residential zoned lots lying south of Olympic Boulevard and abutting Shirley Place or Spalding Drive shall be in height district A; provided that the thirdstory is set back from any common property line an additional fifteen feet (15’) beyondany setback required by this code.
4. For those multiple-family residential zoned lots south of Wilshire Boulevard, north of Gregory Way, west of Tower Drive, and east of La Cienega Boulevard:
a. The first two (2) lots adjacent to the commercial zone south of Wilshire Boulevard shall be in height district C;
b. The first two (2) lots north of Gregory Way shall be in height district A; and c. All remaining lots shall be in height district B.
5. For those blocks bounded by Burton Way on the south, Third Street on the north, Maple Drive on the west, and the city limits on the east:
a. The first two (2) lots adjacent to Burton Way shall be in height district C; and b. All remaining lots shall be in height district B.
D. Exceptions To Height Limits:
Notwithstanding any other provision of this chapter, upon application by a property ownerin a form satisfactory to the director of planning and community development, thereviewing authority may issue an R-4 permit to the following development standards as provided within this chapter:
1. R-4 Permit for Rooftop Bathrooms Associated With Swimming Pools or Spas: A maximum of two (2) rooftop bathrooms associated with rooftop swimming pools or spason a building to extend above the maximum applicable height limit, provided that:
a. The maximum total area of all rooftop bathrooms does not exceed two hundred (200) square feet;
b. Such structures do not exceed ten feet (10’) in height as measured from the adjacent roof deck;
c. Such structures do not exceed thirty three percent (33%) of the roof area upon which they are located;
d. Such structures do not exceed or intersect a line projecting from the perimeter of the roof upward at an angle of forty five degrees (45°) from the horizontal; e. The reviewing authority finds that that the subject structures will not adversely affect the privacy of neighboring properties or access of neighboring properties to light, nor will the subject structures significantly increase noise to adjacent properties.
2. R-4 Permit for Additions To Buildings With Legally Nonconforming Height: If a legally constructed building located adjacent to the business triangle in an R-4 zone doesnot conform to the height restrictions set forth in this section, additions to existing dwellingunits on the nonconforming story of such building may exceed the height restrictions set forth in this article provided that:
a. The additions do not exceed the maximum existing height of the legally nonconforming building as defined in article I of this chapter; b. The additions do not cause the nonconforming story of the building to occupy more than forty percent (40%) of the floor area of the floor immediately below it; c. The additions are compatible with the building design, the nearby streetscape, and surrounding development. To ensure compliance with this requirement, any additionsproposed pursuant to this section shall be subject to the provisions of article 30 of thischapter concerning architectural review; d. The additions do not result in the creation of any new bedrooms; e. The additions are not located in the rear thirty three percent (33%) of the existing building footprint if the building is located on a property where the rear property line is adjacent to a residential zone; and
f. The reviewing authority finds that the additions will not adversely affect the privacy of neighboring properties, access of neighboring properties to light and air, or theintegrity of the streetscape. g. A public benefit is offered to the city that offsets any long term impacts to the affordability of the city’s housing inventory that result from the additions. h. For the purposes of this exception, the “business triangle” shall be defined as the area bounded by the centerline of Wilshire Boulevard, the centerline of Santa Monica Boulevard, south roadway, and the centerline of North Crescent Drive. (Ord. 95-0-2239, eff. 7-7-1995; amd. Ord. 96-0-2266, eff. 10-18-1996; Ord. 16-0-2699, eff. 3-18-2016) 10-3-2805: PROHIBITION AGAINST BASEMENT DWELLING UNITS:
No dwelling unit in a multiple-family residential zone shall have a finished floor level that is more than one foot (1’) below the adjacent grade. (Ord. 95-0-2239, eff. 7-7-1 995; amd.
Ord. 96-0-2266, eff. 10-1 8-1 996)
10-3-2806: MULTIPLE-FAMILY RESIDENTIAL ZONES; FRONT SETBACKS ANDMODULATION REQUIREMENTS:
A. Front Setback: The front setback for all zoned property shall be as shown on the “residential street setback map of the city of Beverly Hills” on file in the department of building and safety. If the front setback for a site area is not shown on such map, then the front setback shall be fifteen feet (15’).
1. Exception for Previously Zoned R-1 .5 Lots: Notwithstanding any other provision of this section, any lot rezoned from R-1 .5 to R-4 shall maintain a minimum fifteen foot (15’) front setback.
B. Façade Modulation Requirements: In addition to the front setback otherwise required by this section, portions of the front façade shall step back from the front setbackline to reduce visual bulk and reinforce architectural character.
1. Applicability: The requirements of this subsection B apply to multi-family buildings in the R-4, R-4X1, and R-4X2 zones. Properties in the R-3 zone are exempt from these modulation standards.
2. Front Modulation Depth: Minimum modulation depth is measured from the front setback line and requirements vary based on lot width as follows:
Lot Width Minimum Additional
Setback Depth
a. Lot Width of 50 Feet or Less 6 feetb. Lot Width of More than 50 feet 10 feet
3. Front Modulation Area: Minimum modulation areas are required based on building height to help manage building scale and massing as follows:
Building Height Required Façade Modulation Area
a. Up to 3 3% of the aggregate principal building area, or I ,500 sq stories ft, whichever is less
b 4 stories 3.5% of the aggregate principal building area, or I ,500 . sq ft, whichever is less
c. 5 stories or 4% of the aggregate principal building area, or 1 ,500 sq more ft, whichever is less
For the purposes of this section, the “aggregate principal building area” shall mean the principal building area of the site multiplied by the number of stories of the building. See Figure 1.
Number of Stories
AM = (DxWxS)AM = Façade modulation area in square feet
D = Depth of the additional setback in feet as
measured from the front setback line
W = Width of the additional setback
S = Number of stories providing the modulation
setback
b. Additional setback depth in excess of twenty five feet (25’) from the front setback line shall not be considered part of the modulation area. c. Modulation can be provided in multiple façade segments and the sum of the areas of each shall count toward the total required façade modulation area. See Figure 2. d. Depth and width of the additional setback shall be measured per the definitions of “lot width” and “lot depth” in section 10-3-100 of this chapter. e. The following do not count toward modulation area:
i. Ground-floor areas set back from the front setback line used for garage entrances or balconies.
ii. Usable open space other than balconies or usable open space on the top floor of a structure with a floor or level above.
Principal Building Area
Setback Area
/,
Aggregate Principal Building Area Principal BuiLding Area x Number of Stories of the Building Figure 1. Aggregate Principal Building Area.
4. Calculation: The square footage that counts toward the Required Façade Modulation Area(s) shall be calculated as follows:
a. Formula:
C. R-4 Permit to Reduce Depth of Modulation: Pursuant to the provisions of article
28.5 of this chapter, the reviewing authority may issue an R-4 permit to reduce modulationdepth required by subsection B.2 of this section upon finding that the proposeddevelopment, as modulated, does not have an adverse impact on the scale and massing of the streetscape.
D. Additional Modulation Requirements For Large Scale Multiple Developments:
1. Applicability: A large-scale multiple-residential development is a building with a street frontage of at least one hundred feet (100’).
S =1
LEGEND
Residential
multi-family
Depth of the additional setback in feet as measured from the front setback line (not to exceed 25 feet)Width of the additional setback Number of stories providing the modulation setback
Figure 2. Example of Modulation Area
2. Additional Modulation Required: A large-scale multiple-residential development shall comply in full with subsection 10-3-2806B and provide additional modulation as required by this subsection 10-3-2806D.
Area of Modulation (AM) = Area 1 (D x W x 5) + Area 2 (D x W x S)
3. Additional Modulation Formula:
AMA = WBAx6feetxS
AMA = Additional modulation area in square feet
WBA = Width of the principal buildable area
S = Number of stories included within the
modulated portion
4. Standards for Additional Modulation:
a. Subsections 10-3-2806B.4c, d, and e shall apply to additional modulation area.
Additional modulation area is not subject to other minimum or maximum setback standards from the front setback line or to depth standards in subsections 10-3-2806B.2and B.4b. b. Build-To Requirement: At least sixty percent (60%) and no more than seventy percent (70%) of the front façade of the first two (2) stories shall be built to the front setback line.
i. R-4 Permit to Reduce Build-to Setback Requirement: The planning commission may allow less than sixty percent (60%) of the front façade of the first two (2) stories of a large scale multiple residential development to be built to the front setback line through an R-4 permit upon finding that the proposed development would not have an adverse impact on the scale and massing of the streetscape.
c. Corner Lot Modulation Requirement: For large scale multiple residential projects located on a corner lot, the required front building modulation area shall be allocated proportionately between façades facing front lot line(s) and street side lot line(s), based on the percentage of each façade’s street frontage length. d. Walls, Fences And Hedges: Any walls, fences and/or hedges which enclose any ground level outdoor living spaces or courtyards shall be limited to a maximum height ofsix feet (6’). Gates to outdoor living spaces or courtyards shall be “open to public view”as defined in section 10-3-1 00 of this chapter. (Ord. 95-0-2239, eff. 7-7-1 995; amd. Ord.96-0-2266, eff. 10-18-1996; Ord. 98-0-2306, eff. 9-11-1998; Ord. 03-0-2424, eff. 3-7-2003; Ord. 15-0-2675, eff. 5-22-2015) 10-3-2807: MULTIPLE-FAMILY RESIDENTIAL ZONES; SIDE SETBACKS:Side setbacks requirements shall be determined based on building height and includeboth a minimum sum of the side setbacks from the two longest side lot lines and aminimum side setback for each side as follows:
Building Height Minimum Sum of Two Minimum Length
Longest Side Setbacks Per Side Setback
A. Up to 3 stories or 33 feet 17 feet 8 feet
B. Morethan3, upto4 l9feet 8feet
stories (33 — 45 feet)C. Greater than 4 stories or 23 feet 9 feet 45 feet
(Ord. 95-0-2239, eff. 7-7-1995; amd. Ord. 96-0-2266, eff. 10-18-1996; Ord. 98-0-2306, eff. 9-11-1998)
10-3-2808: MULTIPLE-FAMILY RESIDENTIAL ZONES; REAR SETBACKS:
The rear setback for any building or structure shall be fifteen feet (15’) from the rear lot line or twenty two and one-half feet (221/2’) from the centerline of the abutting alley, whichever is greater.
A. Exception; Tower Drive: Notwithstanding any other provision of this section, the rear setback for those site areas fronting on the east side of Tower Drive shall be twenty feet (20’).
B. Exception; Replacement Of Garage Or Carport: Notwithstanding any other provision of this section, if a garage or carport associated with existing residential structures is lost due to casualty, or is proposed to be replaced, a reviewing authority may issue an R-4 permit to authorize the replacement of such structure within the rear yard pursuant to article 28.5 of this chapter if that authority finds that such structure is the only feasible means to replace such parking.
C. Exception; Expansion Of Garage Or Carport: Notwithstanding any other provision of this section, an existing, legally nonconforming garage or carport may be expanded within the required rear yard pursuant to an R-4 permit as provided in article 28.5 of this chapter if:
1. Such garage or carport is expanded solely for the purpose of providing parking for a dwelling unit or units constructed prior to the expansion,
2. After expansion, the total parking provided for the dwelling unit or units will not exceed the parking required by current zoning standards if the dwelling unit or units were newly constructed, and
3. The reviewing authority finds that:
a. The proposed structure does not exceed one story and does not exceed fourteen feet (14’) in height or the height of the existing garage or carport, whichever is lower;
b. The proposed structure is designed to be used only for off street parking purposes;
c. The proposed structure is set back from the rear property line a minimum of five feet (5’) to allow for an adequate vehicular turning radius to provide ingress to and egressfrom the proposed structure; d. The proposed structure shall match the character of the existing garage and shall not create any significantly adverse impacts on the privacy of neighboring properties; e. The proposed structure shall not create any significantly adverse impacts on neighboring properties by blocking access to light and air; and f. The proposed structure does not impede or prevent solid waste collection services.
Any addition to a garage or carport permitted pursuant to this subsection C shall be removed upon the replacement of the building served by the garage or carport or upon any expansion to such building if the expansion would require the provision of additionalparking.
D. Exception; Addition Of Units Above Garage Or Carport: The provisions of this section shall not apply if a reviewing authority issues an R-4 permit to allow a propertyowner to add one or more units above an existing garage or carport pursuant tosection 10-3-2819 of this article.
E. Exception; Large Scale Multiple-Residential Projects: Notwithstanding any other provision of this section, a large scale multiple residential project may reduce the requiredrear yard setback from fifteen feet (15’) to ten feet (10’) to offset the loss of usable floor area to the modulation requirements of subsection 10-3-2806D of this article, provided that such reduction does not result in a floor area that exceeds the maximum allowablefloor area for the subject site and further provided that the rear property line of the subject site does not abut property zoned R-1 unless the subject site is separated from such R-1 zoned property by an alley. For the purposes of this section, “maximum allowable floor area” shall mean the maximum floor area potentially developable on a multiple residential site which confirms to all setback requirements and is developed at the maximum densitypermitted by this article. For the purposes of calculating the maximum allowable floorarea, the setback lines established by the applicable provisions of this article shall be used. No reduction in any setback line, whether or not authorized by any procedure set forth in this article, shall be considered in calculating the maximum allowable floor area, and the maximum allowable floor area shall not be increased as the result of a reduction in the required setback lines.
1. Subject to the requirements set forth in article 28.5 of this chapter, the planning commission may permit, through an R-4 permit, a reduction in the required rear setback for large scale multiple residential projects to a minimum of five feet (5’) provided:
a. The rear property line of the site seeking the reduction does not abut property zoned R-1 or is separated from such R-1 zoned property by an alley. b. Such reduction is granted to offset the loss of usable floor area to the modulation requirements of subsection 10-3-2806D of this article, and such reduction does not resultin a floor area that exceeds the maximum allowable floor area for the subject site; and c. The planning commission finds that:
(1) The proposed reduction in the rear setback does not create any significantly adverse impacts on the scale and massing of the streetscape; (2) The proposed reduction in the rear setback does not create any significantly adverse impacts on the neighboring properties by blocking access to light and air; (3) The proposed reduction in the rear setback does not create any significantly adverse impacts on the privacy of neighboring properties; and (4) The proposed reduction in the rear setback does not create any significantly adverse impacts on alley access. (Ord. 95-0-2239, eff. 7-7-1995; amd. Ord. 96-0-2266, eff. 10-18-1996; Ord. 01-0-2388, eff. 1-4-2002; Ord. 03-0-2424, eff. 3-7-2003) 10-3-2809: MULTIPLE-FAMILY RESIDENTIAL ZONES; LENGTH OF BUILDINGS:
No portion of a building in the R-3, R-4, R-4X1, or R-4X2 zones above the ground level shall exceed one hundred seventy five feet (175’) in either width or depth. If a building exceeds one hundred seventy five feet (175’) in width or depth belowground level, then any two (2) portions of the building aboveground level that would together exceed one hundred seventy five feet (175’) shall be considered separate buildings with an assumed common lot line between them, and each portion shall be set back from such assumedcommon lot line as prescribed in section 10-3-2807 of this article. (Ord. 95-0-2239, eff. 7-7-1995; amd. Ord. 96-0-2266, eff. 10-18-1996; Ord. 98-0-2306, eff. 9-11-1999) 10-3-2810: PERMISSIBLE ENCROACHMENTS INTO REQUIRED SIDE YARDS:No structures or building elements may project into any side yard of a multiple-familyresidential site area except the following permitted encroachments:
A. Fences, gates, and walls that otherwise comply with the requirements of this chapter;
B. Roof Eaves and Drainage:
1. Roof eaves may project no more than twenty inches (20”). Attached gutters may project up to an additional six inches (6”) beyond the projection of the roof eave.
2. Downspouts and other drainage devices not projecting more than six inches (6”); C. Balconies may extend a maximum of twenty-four inches (24”) into required side yards subject to the following:
1. Balcony length at any one story does not exceed fifty percent (50%) of length of the wall on which it is located;
2. Any end of any balcony is not closer than three feet (3’) to the front or rear corner of the building; and
3. The enclosure of the balcony does not exceed fifty four inches (54”) in height; D. Exit stairs at or below the first floor level provided that handrails for such stairs shall not extend more than forty two inches (42”) above the first floor level; E. Swimming pools and basement garages provided no part of such structure exceeds three feet (3’) above the adjacent grade at any point, and no mechanical equipment servicing any such pool is located within a required side yard; F. Gas and electric meter enclosures projecting no more than eighteen inches (18”) into such yard; and
G. Architectural projections, such as half timbers, corbels, and window and door accents, but excluding balconies, projecting no more than twelve inches (12”) into such yard. (Ord. 95-0-2239, eff. 7-7-1995; amd. Ord. 96-0-2266, eff. 10-18-1996; Ord. 19-0- 2795, 12-0-2019)
10-3-2811: PERMISSIBLE ENCROACHMENTS INTO FRONT AND STREET SIDE YARDS:
No structures or building elements may project into any front yard or street side yard of a multiple-family residential site area except the following permitted encroachments:
A. Fences, gates, and walls that otherwise comply with the provisions of this chapter; B. Roof Eaves and Drainage:
1. Roof eaves may project no more than four feet (4’). Attached gutters may project up to an additional six inches (6”) beyond the projection of the roof eaves.
2. Downspouts and other drainage devices not projecting more than six inches (6”).
C. Balconies may extend a maximum of three feet (3’) into a required front and street side yard, subject to the following conditions:
1. Any end of the balcony does not project beyond the corner of the building; and
2. The enclosure of the balcony does not exceed fifty four inches (54”) in height; D. Entries and exit stairs at or below the first floor level provided that handrails for such elements shall not exceed forty two inches (42”) above the first floor level; E. Basement garages provided no part of such structure is higher than two feet (2’) below the finished level of the adjacent sidewalk and at least two feet (2’) of soil depth isprovided above the garage for planting purposes; F. Architectural projections, such as half timbers, corbels, and window and door accents, but excluding balconies, projecting no more than twelve inches (12”) into such yard. (Ord. 95-0-2239, eff. 7-7-1 995; amd. Ord. 96-0-2266, eff. 10-1 8-1 996; Ord. 96-0- 2269, eff. 11-15-1996; Ord. 19-0-2795, 12-10-2019)
10-3-2812: PERMISSIBLE ENCROACHMENTS INTO REAR YARDS:No structures or building elements may project into any rear yard of a multiple-family residential site area except the following permitted encroachments:
A. All structures or building elements as set forth in subsections 10-3-2811A through D and F of this article;
B. Basement garages provided no part of such structure exceeds three feet (3’) above the adjacent grade at any point;
C. Trash storage facilities;
D. Swimming pools provided no part of such structure exceeds three feet (3’) above the adjacent grade; and
E. Garage exhaust vent stacks.
(Ord. 95-0-2239, eff. 7-7-1 995; amd. Ord. 96-0-2266, eff. 10-1 8-1 996; Ord. 98-0-2306, eff. 9-1 1-1998; Ord. 1 9-0-2795, 12-10-2019)
10-3-2813: PAVING OF SETBACKS; MULTIPLE-FAMILY RESIDENTIAL ZONES:
A. Except as otherwise provided in this section, no portion of any front yard within a multiple-family residential zone shall be paved, except for not more than one walkway not exceeding five feet (5’) in width and one driveway not exceeding the width of its curb cut.
B. Notwithstanding subsection A of this section, more than one walkway of up to five feet (5’) in width may be paved in a front yard to provide equivalent access to a building in accordance with the requirements of local, state, and federal handicapped accessibilitylaws provided that such additional walkways are necessary because handicapped accessibility requirements cannot reasonably be met without the provision of suchadditional walkways.
C. Notwithstanding subsection A of this section, a reviewing authority may permit more than one walkway of up to five feet (5’) in width to be paved within a front yard pursuantto an R-4 permit as provided in article 28.5 of this chapter if: 1) the walkway providesdirect access to the primary entryway of an individual unit within a building, and 2) the reviewing authority finds that the proposal would not significantly and adversely affect the streetscape, including opportunities for landscaping.
D. Notwithstanding subsection A of this section, a reviewing authority may grant the equivalent of one five foot (5’) wide walkway in the front yard per fifty feet (50’) of frontagealong the front lot line of the subject site pursuant to an R-4 permit as provided in article28.5 of this chapter if the reviewing authority finds that the proposal is compatible with the nearby streetscape and the scale of the surrounding development. For the purposes of this subsection, any fraction in excess of a multiple of fifty feet (50’) of frontage shall be rounded down. Not more than one walkway shall exceed a width of five feet (5’), and such walkway shall not exceed a width of fifteen feet (15’).
E. Notwithstanding subsection A of this section, the planning commission may grant the equivalent of one 5-foot wide walkway in the front yard per fifty feet (50’) of frontage along the front lot line of the subject site, in any configuration, pursuant to an R-4 permit as provided in article 28.5 of this chapter, if the planning commission finds that theproposal is compatible with the nearby streetscape and the scale of the surrounding development. For the purposes of this subsection, any fraction in excess of a multiple of fifty feet (50’) of frontage shall be rounded down. (Ord. 95-0-2239, eff. 7-7-1 995; amd.
Ord. 96-0-2266, eff. 10-1 8-1 996)
10-3-2813.5: SYNTHETIC TURF IN FRONT YARDS:
Synthetic turf shall be allowed as landscaping for the purposes of this article provided that the following provisions are satisfied for synthetic turf placed in front yards:
A. Stage D Required: Applications for the use of synthetic turf may only be approved, and permits for installation may only be issued when the city council has declared and implemented stage D water conservation measures. Synthetic turf that is legally installed during stage D declared periods may be retained thereafter, even if the city council withdraws the stage D declaration, provided the synthetic turf is maintained in accordance with all applicable standards.
B. Permit Required: A building permit must be obtained prior to the installation of any synthetic turf in the front yard visible from the public right of way of a residentially zoned property. Upon application for a building permit the following shall be submitted to the community development department:
1. A landscape plan that includes:
a. Dimensions and details of the landscaped area including the synthetic turf and other landscaping materials.
b. Drawings that include scaled cross sections of the proposed landscaping materials and details showing the methods of installation and attachment of the synthetic turf as well as drainage information.
2. Material description including manufacturer’s product data, specifications and installation instructions, installer information and qualifications, and warranty information.
3. A sample of the proposed synthetic turf material that is at least twelve inches by twelve inches (12” x 12”).
4. Maintenance information for the synthetic turf.
C. Coverage: Synthetic turf located in the front yard may be used for up to seventy percent (70%) of the landscaped area but no more than forty percent (40%) of the entire front yard area. Synthetic turf shall not be located:
1. Within the public right of way/parkway.
2. Within the dripline of any native or “heritage tree” as defined in section 10-3- 2900 of this chapter. Further, the installation of turf shall not disturb the area within thedripline of any native or heritage tree.
3. Within eighteen inches (18”) of a front lot line. The eighteen-inch (18”) buffer between the front lot line and synthetic turf shall be landscaped with living plant material.
4. Within three feet (3’) of a multiple-family dwelling.
5. In any area that is used for the parking or driving of motor vehicles.
D. Material: Synthetic turf in a front yard must simulate the appearance of natural live grass and shall:
1. Be of a type known as cut-pile infill with parallel long slit blades. The long slit blades shall be manufactured from polyethylene or polypropylene. The minimum pile length shall be one and three-fourths inches (1/4”) and the maximum pile length shall be two and one-half inches (21/2?). The turf shall contain a beige or tan thatch layer. The synthetic turf blades (not including the thatch layer) shall be required to contain at least two (2) colors. The synthetic turf shall comply with all federal and state standards relatedto lead and heavy metal content. Turf that is made from recycled materials is encouraged.The use of indoor or outdoor plastic or nylon carpeting is prohibited.
2. Be constructed to maximize dimensional stability, resist damage during normal use and to minimize UV degradation. Further, the synthetic turf shall be resistant to staining, weather, insects, rot, mildew and fungus growth, and shall be nonallergenic and nontoxic.
3. Contain an infill material of clean silica sand or zeolite material that is brushed into the synthetic turf to keep the blades upright and achieve a natural grass look. Any replacement infill shall be silica sand or zeolite material. Rubber infill is prohibited.
4. Be affixed to a permeable triple layer primary backing with a tuft bind strength of at least eight (8) pounds. The backing shall allow water to percolate through the synthetic turf at a drain rate of at least thirty inches (30”) per hour. The synthetic turf system shallallow for the free movement and drainage of water through the system to prevent runoff, pooling, and flooding.
5. Have a manufacturer’s warranty lasting at least eight (8) years.
6. Have spacing between tufting rows (gauge) of no more than three-eighths inch (I8”) as defined by the manufacturer.
7. Have a face weight of at least sixty (60). The “face weight” is defined as the weight in ounces of the synthetic turf fibers found in one square yard of synthetic turf as definedby the manufacturer.
8. Have tear grab strength of at least two hundred (200) pounds.9. Pass the pill burn test for flammability (ASTM D2859).
E. Installation: Synthetic turf shall be installed pursuant to manufacturer’s requirements by licensed professionals who are experienced and trained by themanufacturer in the installation of the synthetic turf. In addition:
1. The synthetic turf shall be installed over at least three inches (3”) of a compacted aggregate base that provides adequate drainage. The base material shall be installedover subgrade that is compacted to a firm condition to ensure stability and maintainadequate drainage.
2. Seams shall not be visible and shall be fastened in a manner that ensures they are firm, tight and permanent. Seams shall be sewn and fibers shall be brushed to provide full coverage of the fibers over the seams.
3. The synthetic turf shall be anchored over the entire coverage area and shall be installed with a nailer board or any such substitute recommended by the manufacturerintended to conceal edges and ensure proper anchoring of turf.
4. All existing irrigation infrastructure in the synthetic turf area including piping and sprinkler heads that are no longer used must be capped or removed and shall not be visible.
5. All reasonable efforts shall be made to protect existing trees and tree roots from damage during installation.
F. Maintenance: Synthetic turf shall be maintained in an attractive and clean condition pursuant to title 5, chapter 7 of this code and shall not contain holes, tears, stains, discoloration, seam separations, uplifted surfaces, heat degradation, or excessive wear. (Ord. 15-0-2691, eff. 11-6-2015)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 ina 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 orother coating finish approved by the Director of Building and Safety.
If the construction of a wall or fence along shared property lines requires access on a neighboring property in order to provide an equivalent finish on the side of the wall or fence facing the neighboring property, and access is not granted by the neighboring property owner, documentation to this effect shall be provided to the Director ofCommunity Development, or his or her designee. This documentation shall be satisfactory to the Director of Community Development to relieve the requestor of theabove requirement regarding the finish of the wall or fence on that side, and may includea 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 line of the lot, shall be three feet (3’).
The maximum allowable height of a wall, fence, or hedge located within the front yard at a distance from the front lot line of more than twenty percent (20%) of the front setbackshall be six feet (6’); provided, however, that any portion of such wall, fence, or hedge which exceeds three feet (3’) in height shall be open to public view.
E. Side Yards: The maximum allowable height for that portion of a wall, fence, or hedge located in both a side yard and a front yard shall be six feet (6’); provided, however, that any portion of such wall, fence, or hedge which exceeds three feet (3’) in height shall be open to public view.
The maximum allowable height for that portion of a wall, fence, or hedge located in a side yard, but not in a front yard, shall be seven feet (7’) except that the maximum allowable height shall be ten feet (10’) for such a wall or fence located within five feet (5’) of a rearlot line. The maximum allowable height shall be sixteen feet (16’) for such a hedge located within five feet (5’) of a 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 subsection D of this section.
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 subsection D of this section.
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 sixteenfeet (16’). (Ord. 95-0-2239, eff. 7-7-1 995; amd. Ord. 96-0-2266, eff. 10-18-1996; Ord. 22-0-2860, eff. 6-10-2022; Ord. 22-0-2865, eff. 10-21-2022) 10-3-2815: PROHIBITION OF OUTDOOR GAME COURTS:
No outdoor game courts shall be permitted in a multiple-family residential zone. (Ord. 96- 0-2266, eff. 10-18-1 996)
10-3-2816: PARKING REQUIREMENTS; NUMBER OF SPACES REQUIRED:Parking is required for all multiple-family residential development and is based on bedroom count as follows:
A. General Parkina ReQuirement1 2
Efficiency Unit (Less than
I ,000 sq. if) One parking space
One Bedroom Two parking spaces
Two Bedrooms Two and one-half (2 1/2) parking
spaces
Three or Four Bedrooms 3 parking spaces
Five Bedrooms or More 4 parking spaces
B. Guest Parking Requirement
In addition, one permanent guest parking space is required for each four (4) dwelling units.
1 Any den or similar room capable of being used as a bedroom is considered a bedroom for the purposes of this section.
2 Fractional calculations shall be rounded up to the next whole number.
C. Minimum Dimensions: The dimensions of each parking space shall comply with the parking standards adopted by the city council and on file in the department of building and safety.
D. Guest Parking Standards: Guest parking shall comply with standards adopted by the city council and on file in the department of building and safety and the following requirements:
1. No spaces shall be reserved for exclusive use by residents of the development;
2. All spaces shall be readily accessible by visitors to the development and designated in a manner that gives notice to visitors of the availability of guest parking;and
3. The manner of access, designation, and location of guest parking spaces shall be subject to the approval of the city engineer or designee.
E. Tandem Parking: Up to twenty percent (20%) of the total number of multiple-family dwelling units in a project can satisfy general parking requirements of this section through the use of tandem parking spaces.
F. R-4 Permit for Unit Bonus Parking: Pursuant to the provisions of section 10-3-2819 for unit bonus above existing garages or carports, the Planning Commission may approve an R-4 permit to increase the percentage of units that utilize tandem stalls beyond the limit otherwise allowed by this section.
G. Parking Exception: Housing for seniors or disabled individuals under articles 12.5 and 12.8 of this chapter shall be exempt from parking requirements of this section. (Ord. 96-0-2266, eff. 10-18-1996; amd. Ord. 98-0-2306, eff. 9-1 1-1998; Ord. 00-0-2351, eff. 10-20-2000; Ord. 01-0-2388, eff. 1-4-2002)
10-3-2817: GUEST PARKING: RESERVED
(Ord. 96-0-2266, eff. 10-18-1996; amd. Ord. 98-0-2306, eff. 9-1 1-1998; Ord. 05-0-2479, eff. 9-2-2005)
10-3-2818: PARKING; LOCATION AND SHIELDING OF FACILITIES:
All parking facilities shall comply with the following:
A. Location: All parking spaces must be within a structure located on the same site as the dwelling unit it serves.
B. Screening Near Entrance: Any parking space located within twenty five feet (25’) of a parking structure front entrance must be completely screened from view from all publicstreets.
C. Driveway Width: The front access, including driveways and entrances, to a parking facility shall not exceed twelve feet (12’) in width if serving a site that is sixty feet (60’) wide or less.
D. Screening and Noise: All parking structures shall be constructed to shield the parked vehicles from horizontal view in all directions, excluding required vehicular entrances and exits, and shall comply with the noise abatement requirements of this code.
1. Parking structures adjacent to residential zones or separated from a residential zone by an alley shall be enclosed with solid walls.
E. No parking space shall be located within a front yard. (Ord. 96-0-2266, eff. 10-1 8-1 996)
10-3-2819: DEVELOPMENT INCENTIVES FOR MULTIPLE-FAMILY RESIDENTIALDEVELOPMENT:
A. Unit Bonus: Notwithstanding any other provision of this article, and subject to the requirements set forth in article 28.5 of this chapter, a reviewing authority may permit, through an R-4 permit, a property owner to add one or more additional units above anexisting carport or garage structure provided each of the following requirements is satisfied:
1. The site on which the additional unit (or units) will be constructed is zoned R-4;
2. The rear property line of the site on which the additional unit (or units) will be constructed abuts an alley;
3. The site on which the additional unit (or units) will be constructed is not adjacent to property in a single-family residential zone. For the purposes of this section, a site shall be considered “adjacent” to property in a single-family residential zone if the site shares a property line with a lot or parcel in a single-family residential zone or is separated from a lot or parcel located in a single-family residential zone only by a public street, alley, or other right of way. Notwithstanding the foregoing, a site shall not be considered “adjacent” to property in a single-family residential zone if the only portion of the site facing a lot or parcel in a single-family residential zone is the front property line of the site and the frontproperty line is separated from a lot or parcel located in a single-family residential zoneby a public street.
B. Standards: Upon application by a property owner in a form satisfactory to the director of planning and community development, any unit or units authorized pursuant to an R-4 permit issued pursuant to this section shall comply with all of the following standards and requirements:
1. Notwithstanding the density limits set forth in section 10-3-2801 of this article, any property that satisfies the requirements set forth in subsection A of this section may bepermitted to add one unit. No more than one additional unit may be added to structures which are legally nonconforming as to density and in existence as of December 4, 2001.
For all other structures, additional units beyond one may be permitted only if such additional units comply with the applicable density limits.
2. Notwithstanding the provisions of section 10-3-2802 of this article, each unit shall have a minimum floor area of four hundred (400) square feet and a maximum floor area of nine hundred ninety nine (999) square feet.
3. Each unit may provide a maximum of one bedroom.
4. Notwithstanding the provisions of section 10-3-2816 of this article, one parking space shall be provided for each unit constructed pursuant to subsection A of this section.
5. Notwithstanding the provisions of sections 10-3-2803 and 10-3-2817 of this article, no outdoor living space or guest parking shall be required for a unit constructedpursuant to subsection A of this section. In addition to the foregoing, the reviewing authority may reduce the existing outdoor living area in an amount necessary toaccommodate any additional parking required for the additional unit or units.
6. The structure housing the garage or carport and the unit or units constructed pursuant to subsection A of this section shall not exceed a maximum height of twenty eight feet (28’), or the existing height of the principal building, whichever is less.
7. The minimum yard setbacks described in sections 10-3-2807 and 10-3-2808 of this article shall not apply to units constructed pursuant to this section, provided the proposed units comply with all applicable building code requirements and the reviewing authority makes the findings required by subsection C of this section.
8. The structure housing the garage or carport and the unit or units constructed pursuant to subsection A of this section meets or shall be rehabilitated to meet all currentbuilding codes and safety standards.
9. The architectural style of the structure housing the unit or units constructed pursuant to this section shall be compatible with the architectural style of the existing structure(s) on the site. To ensure compliance with this requirement, any unit or units constructed pursuant to this section shall be subject to the provisions of article 30 of thischapter concerning architectural review.
C. Findings: The reviewing authority shall not issue an R-4 permit for any unit pursuant to subsection A of this section unless the reviewing authority finds that the proposed development will not have a substantial adverse impact on:
1. The scale and massing of the streetscape;
2. Neighbors’ access to light and air;3. Neighbors’ privacy; and
4. The garden quality of the city. (Ord. 01-0-2388, eff. 1-4-2002; amd. Ord. 02-0- 2394, eff. 3-22-2002)