Planning Commission Report

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1 City of Beverly Hills Planning Division 455 N. Rexford Drive Beverly Hills, CA TEL. (310) FAX. (310) Planning Commission Report Meeting Date: Subject: Project Applicant: Recommendation: March 28, 2019 STUDY SESSION ON POTENTIAL ZONE TEXT AMENDMENT TO AMEND THE FINDINGS FOR PLANNING ENTITLEMENTS City initiated study session to provide the Planning Commission with an opportunity to discuss the language included in findings for all planning entitlements. City Initiated Receive report from staff and provide direction on a potential Zone Text Amendment. REPORT SUMMARY The City of Beverly Hills Municipal Code (BHMC) outlines the findings that are required to be made for the approval of the various entitlements that can be requested by an applicant. In 2018 the Planning Commission discussed several aspects of specific findings in the BHMC (in particular R-1 Permits and Minor Accommodations). As a result of this discussion, as well as subsequent discussions with the City Council, staff was directed to address the fact that there are small inconsistencies in the language used in findings throughout the municipal code. This report summarizes the identified inconsistencies, and provides several policy alternatives for the Planning Commission to consider. Staff is seeking Planning Commission direction on a possible Zone Text Amendment to improve consistency throughout the code. BACKGROUND The BHMC outlines the types of entitlements that can be requested from the City as well as the findings that are required to be made by a decision-making body in order to grant the entitlement. Generally, the findings are worded in such a way that states that the decision making body may issue a permit if the findings are made. However, a number of the permits in the BHMC deviate from this language by stating that the decision-making body shall issue a permit if the findings can be made, or by stating that the decision making body shall not issue a permit unless the specific findings can be made. In the past, may and shall have both been interpreted as meaning shall as the discretion to approve or deny a permit exists within the findings for each permit. The Planning Commission considered language changes related to findings for certain R 1 and Minor Accommodation Permits in 2018 (Study sessions were held in May and June of 2018 and the Commission approved a resolution recommending the modification of findings for certain permits on October 11, 2018). During discussions regarding these findings, it was noted that there were a number of inconsistencies throughout the BHMC language regarding findings. When Attachment(s): A. Table of relevant code sections B. Relevant code section language Report Author and Contact Information: Timothea Tway, AICP Senior Planner (310) ttway beverlyhills.org 948

2 Planning Commission Report Study Session on Potential Zone Text Amendment to Amend the Findings for Planning Entitlements March 28, 2019 Page 2 of 4 the City Council discussed the Zone Text Amendment on January 15, 2019, the City Council also discussed the general inconsistencies throughout the BHMC related to findings language. At the conclusion of the public hearing on the matter, the City Council ultimately directed staff to address the inconsistencies in the BHMC through a zone text amendment. DISCUSSION AND ANALYSIS Council Direction During a public hearing related to findings for Central R-1 and Minor Accommodation Permits on January 15, 2019, the City Council directed staff to address the inconsistencies in finding language throughout the BHMC with the Planning Commission. Specifically at this meeting, the City Council stated that they were interested in removing may in the findings and replacing it with shall...it or shall not...unless. Councilmember Bosse noted that during her time on the Planning Commission, there was a discussion on the use of shall/may in findings, and it was determined at that time that the use of shall was preferable to may. During the January 15, 2019 City Council public hearing the City Attorney also suggested that the use of shall or shall not is preferable to the use of may in findings for quasi-judicial matters. It is staff s understanding that the City Council direction was for staff and the Planning Commission to undertake a global review of the findings in the BHMC and provide uniform language throughout the code by changing the findings that use may to shall or shall not as appropriate. Further, it is important for code language to clearly define the requirements for approval or denial of any request that can be made by an applicant so that the code can be applied fairly and consistently regardless of the body considering the request or the applicant seeking a permit. Changing the findings language from may to shall or shall not makes the review criteria more clear to the applicant, staff, and decision-making body as to the standard of review of every entitlement that may be requested. Summary of Inconsistencies It is the opinion of staff that the intent of the code sections are the same, whether the word shall or may is used, and that the deviation in the use of may and shall is a result of the fact that the code has been amended over many years by various authors. Included as Attachment A to this report is a table summarizing the various findings in Chapter 3 of the BHMC. This table identifies whether each section uses shall, shall not, may, or another phrase when referencing the findings for each entitlement or action. Attachment B includes the complete code sections that are referenced in the table in Attachment A. Upon review of the existing code it appears that a majority of the findings use the may finding language (for example, the reviewing authority may approve a minor accommodation if the findings are made ). This may language is used more than 40 times, while the use of shall and shall not are used approximately ten times each (an example would be the reviewing authority shall issue a minor accommodation if the findings are made ). There are a handful of instances in the code where the language deviates from the use of shall / shall not / may and is completely different (such as the finding for a minor accommodation for a permissible encroachment in a side yard, street side yard, and rear yard in a single family zone in the Central Area of the City which states in order to approve a minor accommodation permit, the reviewing authority must find... ). 949

3 Planning Commission Report Study Session on Potential Zone Text Amendment to Amend the Findings for Planning Entitlements March 28, 2019 Page 3 of 4 Policy Direction At this study session staff is seeking Commission input about the potential changes to the BHMC related to finding language. Staff is looking to the Planning Commission for input regarding uniformly changing findings language for all entitlement types to include the wording shall or shall not. The example below illustrates how the same section of the code would differ depending on whether the finding included may, shall, or shall not. May Shall Shall Not The reviewing authority may issue a Central R-1 permit if the reviewing authority finds that the proposed development will not have a substantial adverse impact on: A. The scale and massing of the streetscape, B. Neighbors access to light and air C. Neighbors privacy, and D. The garden quality of the city. The reviewing authority shall issue a Central R-1 permit if the reviewing authority finds that the proposed development will not have a substantial adverse impact on: A. The scale and massing of the streetscape, B. Neighbors access to light and air C. Neighbors privacy, and D. The garden quality of the city. The reviewing authority shall not issue a Central R-1 permit unless the reviewing authority finds that the proposed development will not have a substantial adverse impact on: A. The scale and massing of the streetscape, B. Neighbors access to light and air C. Neighbors privacy, and D. The garden quality of the city. Recommendation In considering the available options, staff recommends shall issue as the preferable format, as it provides the highest level of clarity in establishing a set of clear and consistent criteria by which all projects will be reviewed. It is important for both applicants and interested residents to be fully informed about the standard of review in order to create a fair playing field, and in order to avoid the introduction of previously undisclosed findings at a public hearing. However, one exception to staff s recommendation pertains to legislative changes. Given that legislative changes have the potential to be far-reaching and more impactful on future development, staff would recommend retaining the may language for legislative changes so that the City is not constrained in its review and ultimate judgement of whether to make legislative changes. In fact, staff recommends establishing the greatest flexibility possible for legislative actions so that the City is always able 950

4 Planning Commission Report Study Session on Potential Zone Text Amendment to Amend the Findings for Planning Entitlements March 28, 2019 Page 4 of 4 to act in the best interests of the community, rather than being confined to a list of specific findings. NEXT STEPS Staff is seeking Planning Commission input on the contents of this staff report. Based on direction from the Planning Commission, staff will return at a future meeting with a draft Zone Text Amendment that reflects the recommended changes for all appropriate sections of the BHMC. Report Reviewed By: Rfohlich, AICP, Assistant Director of Community.etopment I City Planner 951

5 Study Session on Potential Zone Text Amendment to Amend the Findings for Planning Entitlements March 28, 2019 ATTACHMENT A Table of relevant code sections 952

6 Code Section Topic Finding Language Accessory Dwelling Units The reviewing authority shall not issue...unless the reviewing authority finds Dining in nonconforming Prior to issuing a conditional use permit...the commission hotels in R4 zone shall consider Dining in nonconforming Prior to issuing a conditional use permit...the commission hotels in RMCP zone shall consider Conditional Use Permit Conditional use permits shall be issued...only if it is for Multiple-family determined... housing for elderly or disabled Conditional Use Permit May grant a conditional use permit...if the applications for meets the criteria for a conditional use permit and the planning commission makes additional findings that Density Bonus Shall grant a density bonus permit...when the applicant (The language agrees to construct one of the following... in this section may be dictated by state_law) Mini shopping centers A conditional use permit may be issued only if the planning commission finds Vehicle sales, service or The following criteria shall be considered by the planning fuel stations; conditional commission... use permit criteria Exercise clubs and May issue a conditional use permit...provided the private training centers; following criteria are met... parking restrictions Nightclubs; restrictions Shall not issue a conditional use permit...unless the and findings planning commission makes the following findings Intensification of existing May establish parking requirements that differ from those nonconforming uses in C- requirements...if...the planning commission determines... 3T-2 zone May establish loading requirements that are different than those requirements...if...the planning commission determines Exceptions to restricted Director of planning and community development may uses in Pedestrian issue a minor accommodation...provided that the director Oriented Areas makes the following findings... Planning commission may issue a conditional use permit...the planning commission shall make the following findings Approvals for Planning Planning commission may approve a planned Development development if the commission finds Commercial use setbacks The director of planning and community in the Transition Zone development...may permit improvements in the 953

7 setback...if the director of planning and community development finds Minor accommodation Director...may permit (changes to wall standards)...if the for walls requited for director of planning and community development finds... residential-nonresidential Note: Several minor accommodations can be requested transition for wall deviations in this code section. Each has similar may...if _finding_language Commercial-residential A minot accommodation may be gtanted...if the transition, general director...finds... operational requirements Transitional use license The planning commission may issue a transitional use license...if...the planning commission finds Referral and revocation The planning commission...may revoke the transitional use of permits and licenses license or extended hours permit if Required findings for...may approve a planned development application for an adaptive reuse projects adaptive reuse development if Rooftop uses in adaptive The reviewing authority may permit...provided that... reuse planned development overlay zone C-5 zone minor The planning commission may approve...if the commission accommodations finds Restrictions in The director or planning commission may approve a plot transportation overlay plan for a surface parking use only upon finding... zone Side setbacks in single- May be permitted by a minor accommodation...provided family central area that...the reviewing authority finds Permissible...in order to approve a minor accommodation permit, the encroachments in side reviewing authority must find... yards, street side yards, and rear yards in singlefamily residential zones in the Central Area Development standards The planning commission may modify (several for accessory buildings development standards)...provided that... south of Santa Monica Boulevard The planning commission shall not issue a Central R-1 Permit to allow an accessory structure to exceed fourteen feet in height unless the planning commission additionally finds Development standards (certain development standards)...may be modified by a for accessory buildings minor accommodation...provided the reviewing authority north of Santa Monica finds... Boulevard The planning commission shall not issue a Central R-1 permit_to allow an_accessory_structure to exceed fourteen 954

8 feet in height unless the planning commission additionally finds Development incentives Planning commission may permit, through a Central R-1 for single family Permit, a reduced rear setback...provided all of the residential development following requirements are satisfied Paving for single-family A reviewing authority may authorize the replacement of zones in the Central Area legally nonconforming paving...if the reviewing authority of the City finds Maximum width and City council may waive the provisions of subsection depth established; B...provided that the remodel does not involve an increase prohibition on multiple- in the square footage of the existing home. lot developments for single-family zones in the The City Council shall not issue a Central R-1 Permit to Central Area of the City (amend certain standards)...unless the city council makes the following additional findings General Findings for The reviewing authority shall not issue a Central R-1 Central R-1 Permit Permit unless the reviewing authority finds that Side setbacks in the...the extension may be permitted by a minor Hillside Area of the City accommodation...provided that...and provided that the reviewing authority finds that Permissible...except that a minor accommodation permit may be encroachments in side issued to allow a greater length...in order to approve the yards, street side yards, minor accommodation permit, the reviewing authority pad edge setbacks, and must find... rear yards in the Hillside Area of the City Walls, fences and hedges...a reviewing authority may issue a Hillside R-1 Permit to in the Hillside Area of the permit a wall (that doesn t comply with certain City standards)... A reviewing authority may issue a minor accommodation to allow a wall or fence (that doesn t comply with certain standards)...provided that......a reviewing authority may issue a Hillside R-1 Permit to allow a series of walls to deviate from the requirements outlined in subsection E Paving in the Hillside...a reviewing authority may authorize the replacement of Area of the City legally nonconforming pavement...if the reviewing authority finds Hillside R-1 Permit Note, this section covets Hillside R-1 Permits for a variety of requests. In all cases the findings wording is as follows: The reviewing authority may issue a Hillside R-1 permit (to deviate from certain standards)...if the reviewing authority finds Temporary R-1 Permit for The reviewing authority may issue a Hillside R-1 pipeline projects Permit...provided that in order to approve a Hillside R-1 955

9 Permit pursuant to this section, the reviewing authority must find as follows Trousdale R-1 Permit...the reviewing authority may issue a Trousdale R-1 Permit to establish the following standards in accordance with the following criteria in Trousdale Estates......the reviewing authority may issue a Trousdale R-1 Permit that allows...(deviation from certain development standards)...if...the reviewing authority finds Parking lots and other...a reviewing authority may issue a minor motor vehicle use areas; accommodation.., provided that the reviewing authority specifications finds Alternative Parking...a conditional use permit shall only be issued if the Facility planning commission finds that Parking in nonresidential...the director of community development may...approve a zones, location and minor accommodation permit...if the director finds... shielding of facilities Approval or denial of The director shall...approve and issue a zone clearance if a zone clearance for adult complete application has been submitted and the entertainment use requirements of this article have been met Multiple-family...a reviewing authority may issue an R-1 Permit to allow residential zones, front (deviation from certain standards)...if the reviewing setbacks and modulation authority determines... requirements Multiple-family...the planning commission may permit, through an R-4 residential zones, rear Permit a reduction in the required rear setback for large setbacks scale multiple residential projects...provided...the planning commission finds that Permissible...a reviewing authority may issue an R-4 permit to encroachments into front allow...if...the reviewing authority determines... and street side yards in multifamily zones Paving of setbacks;...a reviewing authority may permit/grant (a deviation in multiple-family standards)...if the reviewing authority finds... residential zones Development incentives The reviewing authority shall not issue an R-4 permit for for multiple-family any unit pursuant to subsection A of this section unless residential development the reviewing authority finds... (unit bonus) R-4 Permits that may be...the reviewing authority may issue an R-4 permit to the granted following development standards Conditional use permit..the decision maker shall deny the conditional use permit required for hotels if it finds that, notwithstanding the inclusion of mitigation measures as conditions of the conditional use permit, the proposed hotel use will nevertheless significantly increase traffic congestion on commercial streets during peak traffic hours or significantly increase traffic congestion on 956

10 residential streets at any time. Notwithstanding this requirement, the decision maker may nevertheless grant the conditional use permit without mitigating a significant increase to traffic congestion on commercial streets or street segments devoted to commercial use lithe decision maker finds that the mitigation measures identified to reduce the traffic congestion may contribute to significant environmental impacts Tree removal permit A tree removal permit shall be approved...if the following findings are made by the reviewing body Criteria for Architectural...the architectural commission may approve, approve with Commission conditions, or disapprove the issuance of a building permit in any matter subject to its jurisdiction after consideration of whether the following criteria are complied with Standard of review of...the reviewing authority shall approve a development development plan review plan review application only if it makes the following applications findings Findings required to issue The reviewing authority shall not issue a historic incentive a historic incentive permit unless the reviewing authority makes the following permit findings Standard of review for in- The planning commission or director...shall approve an lieu parking application for participation in the in lieu parking district only if the commission or director makes the following findings Waivers, alternative fees,...the city council or the planning commission may allow a and other exemptions for property owner to purchase in lieu parking to serve a site in lieu fees area in excess of sixteen thousand square feet and may waive in whole or in part the fees required by this...chapter...the city council or planning commission shall not take action pursuant to this section unless the city council or planning commission finds that Standard of review The reviewing authority shall approve an open air dining permit application if all of the following findings can be made Accommodations that...the reviewing authority may issue a minor may be granted accommodation to the following development standards and provided within this chapter Required findings for The reviewing authority...may only grant a request for an overnight stay permit overnight stay permit if each of the following findings can be made Findings and conditions The reasonable accommodation shall be approved, with or (The language of approval for without conditions, if the reviewing authority finds, based in this section Reasonable upon all of the evidence presented, that all of the may be Accommodation following findings can be made

11 dictated by state law) Variance Variances from the provisions of this chapter with respect (The language to particular property may be granted in the discretion of in this section the granting authority provided... may be dictated by state law) Conditional Use Permit...the planning commission may authorize conditional uses as specified in this code lithe planning commission finds that the proposed location of any such use will not be detrimental to adjacent property or to the public welfare Convenience store...the city shall not approve a conditional use permit for a conditional use permit convenience store unless it makes all of the following findings Amendments lf...the planning commission finds that the public interest, health, safety, morals, peace, comfort, convenience, or general welfare requires the reclassification of the property involved or the reclassification of any portion of the property, the planning commission shall so recommend to the council Nonconforming uses A minor accommodation permit may be issued to allow (certain sign accommodations)...ii Design review The design review commission may approve, approve with commission required conditions, or disapprove the issuance of a building permit findings in any matter subject to its jurisdiction after considering whether the proposed development complies with the following criteria Minor accommodation Under any of the following circumstances, an application for radio and television for a minor accommodation must be submitted... and, if antennas and wireless the application is approved, a building permit must be telecommunications obtained... antenna facilities...ln considering an application for a minor accommodation relating to the siting of a satellite earth station antenna, the reviewing authority will consider the following factors, as may be applicable Review required for radio...the reviewing authority must consider the following and television antennas factors in determining whether to issue a permit or other and wireless entitlement for a wireless facility... telecommunications antenna facilities Minor accommodation...in considering the application for a minor required for radio and accommodation for a proposed amateur radio station television antennas and antenna, the reviewing authority must consider the wireless following factors

12 telecommunication antenna facilities 959

13 Study Session on Potential Zone Text Amendment to Amend the Findings for Planning Entitlements Match 28, 2019 ATTACHMENT B Relevant code section language 960

14 : ACCESSORY DWELLING UNITS (Single Family) 4. Required Findings: The reviewing authority shall not issue an accessory dwelling unit use permit unless the reviewing authority finds that the proposed accessory dwelling unit will not have a substantial adverse impact on or be detrimental to: a. The scale and massing of the streetscape; b. The scale and massing of the neighborhood as viewed from neighboring properties; c. Neighbors access to light and air; d. Neighbors privacy; e. The garden quality of the city; and f. Adjacent properties or the public welfare : DINING IN NONCONFORMING HOTELS (IN R-4) C. Restaurant Conditional Use Permit: Prior to issuing a conditional use permit to allow a restaurant to be located in a nonconforming hotel, the commission shall consider, as part of its determination pursuant to article 38 of this chapter, whether the restaurant will have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to: 1. The accumulation of garbage, trash, or other waste; 2. Noise created by the operation of the restaurant or by employees or visitors entering or exiting the restaurant; 3. Lightand glare; 4. Odors or noxious fumes; 5. Parking demand created by the restaurant, including parking demand created by employees; or 6. Traffic : DINING IN NONCONFORMING HOTELS: (IN RMCP) C. Restaurant Conditional Use Permit: Prior to issuing a conditional use permit to allow a restaurant to be located in a nonconforming hotel, the planning commission shall consider, as part of its determination pursuant to article 38 of this chapter, whether the restaurant will have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to: 961

15 1. The accumulation of garbage, trash, or other waste; 2. Noise created by the operation of the restaurant or by employees or visitors entering or exiting the restaurant; 3. Light and glare; 4. Odors or noxious fumes; 5. Parking demand created by the restaurant, including parking demand created by employees; or 6. Traffic : CONDITIONAL USE PERMITS: (Multiple-Family Housing for the Elderly or Disabled) A. In addition to the standards for the issuance of conditional use permits set forth in this chapter, conditional use permits shall be issued for multiple-family residences for elderly and handicapped persons only if it is determined that the proposed site for any such residence or residences shall have available services to include shopping, medical, recreation, and transportation within a reasonable distance for elderly and handicapped persons and that the residence or residences shall be located in an area which permits easy access and circulation which is not unreasonably subject to, or impacted by, traffic, noise, and other adverse environmental impacts : CONDITIONAL USE PERMIT REQUIREMENTS: (Multiple family congregate housing for elderly and disabled) A. The planning commission may grant a conditional use permit pursuant to article 38 of this charter, and without a mandatory environmental impact report, for multiple-family congregate housing for elderly and disabled persons if the application meets the criteria for a conditional use permit, and the planning commission makes the additional findings that: 1. The proposed site for such use has shopping, medical, recreation, transportation, and other essential services for elderly and disabled persons within reasonable proximity to the site, and the site is located in an area which permits adequate access and circulation and is not unreasonably subject to, or impacted by, traffic, noise, or other adverse environmental factors; 2. Vehicle traffic generated for the project does not significantly increase traffic congestion, circulation, or parking problems on neighboring residential streets; and 3. The design of the project is compatible with the surrounding area. B. Any conditional use permit granted pursuant to subsection A of this section shall include the following conditions: 962

16 1. Provisions for private transportation accommodations servicing the facility to further reduce parking and traffic impacts of the use; 2. Provisions for a supervised activity program to enhance the quality of life for inhabitants of the project; 3. The facility provides a plan for the specialized twenty four (24) hour supervised safety requirements of the residents, including a fire protection system and an emergency contingency plan acceptable to the fire chief; and 4. Approval of the project will not result in an overconcentration of multiple-family congregate housing for elderly and disabled persons in the area surrounding the project site in a manner that would result in an adverse impact to the surrounding neighborhood or the residents of the proposed project. (Ord , eff ; amd. Ord , eff ) : GRANT OF DENSITY BONUS: A. Section Projects: Except as otherwise provided in this article, the planning commission shall grant a density bonus permit to any project for which a density bonus and incentives or concessions are required pursuant to California Government Code section The density bonus permit shall provide for a density bonus and at least one of the construction incentives described in section of this article in accordance with the following criteria: 1. Base Density Bonus: a. The planning commission shall grant a density bonus permit that authorizes development of a project with a twenty percent (20%) density bonus and at least one of the construction incentives set forth in section of this chapter when the applicant for a housing development agrees to construct at least any one of the following: (1) Five percent (5%) of the total units of a housing development for very low income households; or (2) Ten percent (10%) of the total units of a housing development for lower income households; or (3) A senior citizen housing development. b. The planning commission shall grant a density bonus permit that authorizes development of a project with a five percent (5%) density bonus and at least one of the construction incentives set forth in section of this chapter when the applicant for the housing development agrees to construct ten percent (10%) of the total dwelling units in a condominium project, as defined in subdivision (f) of section 1351 of the California Civil Code or its successor statute, or in a planned development, as defined in subdivision (k) of section 1351 of the California Civil Code or its successor statute, for persons and families of moderate income. 2. Additional Density Bonus: In addition to the base density bonus granted by the planning commission pursuant to subsection Al of this section, a density bonus permit issued pursuant to this article shall authorize an additional density bonus under the following circumstances: 963

17 a. For each one percent (1%) increase in the number of units above the initial five percent (5%) threshold of units affordable to very low income households, the density bonus shall be increased by two and one-half percent (2.5%) up to a maximum of thirty five percent (35%); or b. For each one percent (1 %) increase in the number of units above the initial ten percent (10%) threshold of units affordable to lower income households, the density bonus shall be increased by one and one-half percent (1.5%) up to a maximum of thirty five percent (35%); or c. For each one percent (1 %) increase in the number of units in a condominium development above the initial ten percent (10%) threshold of units affordable to moderate income households, the density bonus shall be increased by one percent (1 %) up to a maximum of thirty five percent (35%). B. Section Projects: If the city is required to issue a density bonus under California Government Code section , the density bonus permit shall authorize development of a project with either a twenty live percent (25%) density bonus or with other incentives that are of equivalent financial value to the twenty live percent (25%) density bonus. Such other incentives shall be limited to financial incentives or any combination of density bonus, financial incentives, and construction incentives set forth in this section and section of this chapter. With regard to construction incentives granted pursuant to this section, any requirement to designate units for lower income or very low income households may be satisfied by designating such units for persons and families of low and moderate income. Similarly, for the purpose of construction incentives granted pursuant to this section, any reference in section of this chapter to units designated for lower and very low income households shall include units designated for persons and families of low and moderate income. C. Fractional Units: For the purposes of this section, all density calculations resulting in fractional units shall be rounded up to the next whole number. (Ord , eff ) : MINI-SHOPPING CENTERS; RESTRICTIONS: Mini-shopping centers shall be permitted only on properties greater than eighteen thousand (18,000) square feet in the C-3 zone which properties are located along streets other than Wilshire Boulevard and outside of the area bounded by Wilshire Boulevard to the south, by the centerline of Crescent Drive to the east, and by the centerline of Santa Monica Boulevard to the north and west, subject to the following conditions: A. A conditional use permit, pursuant to the provisions of article 38 of this chapter, shall be obtained prior to the issuance of any building permit. The provisions of section 4.9 of council resolution 82-R-6525 do not apply to mini-shopping centers. B. A conditional use permit may be issued only if the planning commission finds: 964

18 1. The proposed center will not be detrimental to and will be compatible with surrounding uses and properties and the public welfare; 2. Vehicle traffic generated by the proposed center, based on the current Institute of Traffic Engineers publication entitled Trip Generation or, if not specified therein, as designated by the transportation official, will not substantially exceed either of the following per one thousand (1,000) gross square feet of floor area: a. Sixteen (16) vehicle trips per hour; or b. Two hundred (200) vehicle trips per day; 3. Traffic entering onto or exiting from the proposed center will not cause traffic or pedestrian hazards or undue traffic congestion affecting surrounding areas, including, but not limited to, alleys and residential properties; 4. The design of the proposed center will be compatible with surrounding uses and properties; 5. The types of uses proposed for the center will be compatible with adjacent uses; 6. The hours of operation of the uses proposed for the center will not interfere with neighboring uses or properties; 7. The proposed center will have adequate buffering between the center and adjacent residential areas; 8. The proposed center s lighting and venting will not adversely affect neighboring uses or properties; and 9. The proposed center will have an adequate parking plan and parking layout. (Ord , eff ) : VEHICLE SALES, SERVICE OR FUEL STATIONS; CONDITIONAL USE PERMIT CRITERIA: fi In addition to the criteria set forth in article 38 of this chapter, the following criteria shall be considered by the planning commission when reviewing conditional use permit applications for vehicle sales, service or fuel station uses: A. Whether the proposed use is compatible with the area and surrounding uses; B. Whether the proposed use will have adequate buffering between the use and residential areas; C. Whether the proposed use will create an adverse traffic impact or a traffic safety hazard to pedestrians or to vehicles, including, but not limited to, an adverse impact on traffic circulation or parking; D. Whether the proposed use will create excessive noise, unpleasant odors, noxious fumes, excessive lighting, or substantial interference with neighboring properties or uses due to the 965

19 activities associated with the proposed use or its hours of operation. The planning commission may impose any conditions which are necessary to preserve the public health, welfare or safety, or to mitigate any potential adverse impacts resulting from the establishment of a vehicle sales, service or fuel station use : EXERCISE CLUBS AND PRIVATE TRAINING CENTERS; PARKING RESTRICTIONS: B. Notwithstanding the provisions of section of this chapter, the planning commission may issue a conditional use permit to allow up to fifty percent (50%) of the parking facilities of a use that is primarily daytime use to be used to satisfy the parking facilities required by this article for an exercise club or private training center considered to be primarily an early morning and/or nighttime use, provided the latter use has different peak hours of operation than the daytime use, and provided further that all of the following criteria are met: 1. The parking facilities are located on site in an existing building; and 2. The parking facilities have a minimum of five hundred (500) parking spaces; and 3. A parking utilization study prepared by a certified traffic engineer establishes, to the satisfaction of the planning commission, that the parking facilities required by this chapter exceed the demand for parking spaces that will be generated by the proposed use and the other uses in the subject building : NIGHTCLUBS; RESTRICTIONS AND FINDINGS: C. Conditional Use Permit Findings: The planning commission shall not issue a conditional use permit for a nightclub unless the planning commission makes the following findings in addition to the findings set forth in section of this chapter: 1. Operation of the nightclub shall not substantially impact upon traffic within its area of the city as defined by the department of planning and community development; 2. Operation of the nightclub will be compatible with uses in the area and will not contribute to a concentration of nightclubs that will adversely affect other uses in the area; and 3. Off site parking, if provided for the nightclub pursuant to section of this chapter, shall not create an adverse impact on surrounding uses, parking resources or traffic due to the distance between the parking and the nightclub, the walking route, the affordability of parking or the anticipated propensity of patrons to utilize the off site parking : INTENSIFICATION OF EXISTING NONCONFORMING USES: (C-3T-2) C. Planning Commission Authority: A project applicant may apply to the planning commission for a change to the parking standards, loading standards, or both, required by this section. The application shall be submitted and processed pursuant to the procedures established for the 966

20 city s development plan review process as set forth in article 31 of this chapter. The planning commission may establish parking requirements that differ from those requirements set forth in section or Q of this chapter if, in addition to the development plan review findings of section of this chapter, the planning commission determines that the use will generate a need for parking different than the amount or layout of parking required under section of this chapter or the commission determines that the parking demand will be met by means other than those means specified in section of this chapter; provided further, that the planning commission may not reduce the required parking to less than the amount of parking that can currently be accommodated on the subject site. The planning commission may also establish loading requirements that are different than those requirements established in sections through of this chapter if, in addition to the development plan review findings of section of this chapter, the planning commission determines that the use s loading needs can be accommodated with a number of spaces, layout, or both, that differs from the requirements of sections through of this chapter, or if the commission determines that the use s loading requirements will be met by means other than those specified in sections through of this chapter. (Ord , eff ; amd. Ord , eff ) : EXCEPTIONS: (Restricted Uses in Pedestrian Oriented Areas) A. Notwithstanding any other provision of this article, the director of planning and community development may issue a minor accommodation pursuant to the provisions of article 36 of this chapter to authorize a restricted use to occupy a space in a pedestrian oriented area with a width of up to thirty feet (30 ) provided that the director makes the following findings: 1. The proposed restricted use is compatible with and will not result in any substantial adverse impacts to surrounding uses; 2. Granting the request for a minor accommodation will leave ample space available for future retail uses and will not result in an overconcentration of nonpedestrian oriented uses in the block in which the proposed restricted use will be located; 3. The architectural style of the facade for the proposed restricted use is compatible with adjacent development and is consistent with the city s urban design policies; 4. A restricted use is appropriate for the proposed space because: a. Structural constraints imposed by the design of the building are unduly restrictive on the use of the subject lease space thereby limiting the opportunity for retail or hotel uses in the proposed space; or b. The configuration of the building in which the proposed space is located is not suited to pedestrian oriented retail uses and does not contribute to the pedestrian experience. B. Notwithstanding any other provision of this article, the planning commission may issue a conditional use permit pursuant to the provisions of article 38 of this chapter to allow a restricted use to occupy any space subject to the provisions of this article. In addition to considering the 967

21 criteria for conditional use permits set forth in article 38 of this chapter, the planning commission shall make the following findings: 1. The proposed restricted use is compatible with and will not result in any substantial adverse impacts to surrounding uses; 2. Granting the request for a conditional use permit will not result in an overconcentration of nonpedestrian oriented uses in the block in which the proposed restricted use will be located; : APPROVALS: (Planned Development) The planning commission may approve a planned development if the commission finds that the proposal will meet the requirements of this code and will advance objectives of the zone in which it is located. The planning commission may impose such conditions and restrictions on the approval as are necessary to ensure that the planned development will advance objectives of the zone. A. Vested Rights: The approval of a planned development shall not create any right to an extension of such approval or any vested right to develop the subject property in a manner that does not comply with the laws and regulations in effect at the time that the applicant obtains a building permit. B. Notice Of Decision: Notice of the decision of the planning commission shall be provided to the applicant in the manner specified for notice of a hearing pursuant to section of this chapter. C. Traffic Monitoring After Development Approval: The planning commission shall require as a condition of a planned development approval that the traffic generated by the development be periodically monitored, at the expense of the applicant, to ensure that the actual levels of traffic do not significantly exceed the levels of traffic anticipated by the environmental review of the development when it was approved. In the event that such monitoring shows there has been a significant increase in the anticipated traffic generation, the planning commission may impose additional traffic mitigation measures on the development that are reasonably necessary to mitigate the traffic to the anticipated levels. (Ord , eff ) : COMMERCIAL USE SETBACKS: (Transition Zone) C. The director of planning and community development, pursuant to article 36 of this chapter, may permit improvements in the setback required by subsection B of this section as is necessary to accommodate building code requirements if the director of planning and community development finds that the proposal will be compatible with the adjacent residential area. 968

22 : WALLS REQUIRED FOR RESIDENTIAL-NONRESIDENTIAL TRANSITION: A. Nonresidential Site That Abuts An Alley: If the nonresidential site is separated from the residential zone by an alley, then a three foot (3 ) high solid masonry wall shall be constructed and maintained along the property line that abuts the alley. There shall be no opening in such wall; provided, however, there may be an opening a maximum of twenty five feet (25 ) wide in such wall as is necessary to accommodate a driveway providing access to the parking area or loading dock of the structure from the alley when such access is otherwise permitted by the city engineer or the director of building and safety. The director of planning and community development, pursuant to article 36 of this chapter, may permit openings not exceeding a width of five feet (5 ) in such wall as is necessary to accommodate building code requirements if the director of planning and community development finds that the proposal will be compatible with the adjacent residential area. 1. Materials Allowed: A reviewing authority may allow the use of any wall material other than masonry, and may further allow a wall constructed of material other than masonry to be a maximum height of three feet six inches (3 6 ), provided the reviewing authority finds that the alternative wall material or design and the additional height will not have a substantial adverse impact on the adjacent residential property. 2. Minor Accommodation: Notwithstanding the provisions of this subsection A, a reviewing authority may issue a minor accommodation pursuant to article 36 of this chapter to allow an opening of up to thirty feet (30 ) in width in a wall along the property line that abuts the alley, provided the reviewing authority finds that the increased size of the opening will not have a substantial adverse impact on traffic safety, noise, the scale and massing of the streetscape, or garden quality of the city. B. Nonresidential Site That Abuts A Residential Rear Property Line: If the nonresidential site abuts the rear property line of a residential site, then a solid masonry wall shall be constructed and maintained along the nonresidential property line. The height of the wall shall be at least six feet (6 ), but shall not exceed the maximum height permitted along the abutting residential property line. 1. Minor Accommodation: Notwithstanding the provisions of this subsection B, a reviewing authority may issue a minor accommodation pursuant to article 36 of this chapter to allow a wall of up to ten feet (10 ) in height along a property line abutting a residential rear property line, provided the reviewing authority finds that the wall will not have a substantial adverse impact on traffic safety, the scale and massing of the streetscape, or garden quality of the city. A reviewing authority may also issue a minor accommodation to allow for any wall material other than masonry, provided the reviewing authority finds that the choice of alternate wall material will not have a substantial adverse impact on the privacy, security or residential quality of the adjacent residential property. C. Nonresidential Site That Abuts A Residential Side Property Line: If the nonresidential site abuts the side property line of a residential site, then a solid masonry wall shall be constructed and maintained along the nonresidential property line. Within the area abutting the front yard of the residential property, the wall shall be constructed at the maximum height permitted along the abutting residential property line. Within all other areas, the height of the wall shall be at least six feet (6 ), but shall not exceed the maximum height permitted along the abutting residential property line. 969

23 1. Minor Accommodation: Notwithstanding the provisions of this subsection C, a reviewing authority may issue a minor accommodation pursuant to article 36 of this chapter to allow a wall of up to ten feet (10 ) in height along a property line abutting a residential side property line, provided the reviewing authority finds that the wall will not have a substantial adverse impact on traffic safety, the scale and massing of the streetscape, or garden quality of the city. A reviewing authority may also issue a minor accommodation to allow for any wall material other than masonry, provided the reviewing authority finds that the choice of alternate wall material will not have a substantial adverse impact on the privacy, security or residential quality of the adjacent residential property : COMMERCIAL-RESIDENTIAL TRANSITION; GENERAL OPERATIONAL REQUIREMENTS: C. A minor accommodation may be granted pursuant to the procedures and requirements of article 36 of this chapter, to relieve an applicant of one or more of the operational requirements prescribed by subsections Al through A7 of this section if the director of planning and community development finds: 1. The applicant cannot comply with the subject requirements, and 2. The applicant will comply with subsection A8 of this section : TRANSITIONAL USE LICENSES: B. Transitional Use License: The planning commission may issue a transitional use license for a business whose transitional use license was previously revoked, if, after conducting a public hearing in accordance to the requirements specified in section of this chapter, the planning commission finds that the requirements specified under subsections Al through A3 of this section have been met. In connection therewith, the planning commission may impose conditions on the approval of a transitional use license to ensure conformance to the requirements specified under subsections Al through A3 of this section and to ensure that the permitted activity will not violate any provision of this code. The decision of the planning commission shall be appealable to the city council as provided by title 1, chapter 4, article 1 of this code : REFERRAL AND REVOCATION OF PERMITS AND LICENSES: B. In the event that a transitional use license or extended hours permit is referred to the planning commission, the planning commission shall hold a public hearing regarding the possible revocation of the license or permit or the possible imposition of conditions to ensure compliance by the licensee or permiffee with the provisions of this article and all other applicable city laws for 970

24 which the licensee or permittee is found in violation. Notice of such hearing shall be provided as set forth in subsection C of this section. The planning commission, after such hearing, may revoke the transitional use license or extended hours permit if the commission determines that: 1. The permittee has violated a condition of the license or permit previously imposed pursuant to this section, or violated any provision of this code that governs the permitted activity; or 2. Misstatements or omissions of material facts were used in the acquisition of a transitional use license or extended hours permit. In addition, should the planning commission find that the permittee is in violation of any provision of this article or other city law governing the permitted activity, the commission may allow the transitional use license or extended hours permit to remain in force, subject to conditions to correct and prevent a recurrence of said violation and to protect the peace and quiet of the adjacent neighborhood. In doing so, the planning commission may require all future license and permit approvals for the subject business to be subject to the same conditions : REQUIRED FINDINGS: (Adaptive reuse planned development overlay zone) In lieu of the findings required for planned developments pursuant to section of this chapter, the reviewing authority may approve a planned development application for an adaptive reuse development if it makes all of the following findings: A. The proposed adaptive reuse development is consistent with the general plan and any specific plans adopted for the area. B. The proposed adaptive reuse development will not adversely affect existing and anticipated development in the vicinity and will promote harmonious development of the area. C. The proposed adaptive reuse development will ensure the efficient use of existing resources and provide additional housing opportunities. D. The proposed adaptive reuse development will not create any significant, adverse traffic safety hazards, pedestrian-vehicle conflicts or pedestrian safety hazards and will minimize impediments to vehicular circulation and pedestrian safety. E. The proposed adaptive reuse development will encourage development of pedestrian friendly environments by allowing the conversion of impersonal, underutilized commercial buildings to residential uses while preserving a street level presence that holds the interest of pedestrians and attracting additional neighborhood commercial uses. F. The proposed adaptive reuse development will promote the public health, safety or general welfare. 971

25 : ROOFTOP USES: (Adaptive reuse planned development overlay zone) A. Notwithstanding any other provision of this code and subject to the restrictions set forth in this section, the reviewing authority may permit, as part of a planned development pursuant to article 18.4 of this chapter, adaptive reuse developments in the C-3 (AR) zone to exceed height, story and density limitations otherwise applicable to adaptive reuse developments in order to permit the establishment of rooftop uses, including common patios/seating areas, rooftop gardens, pools and spas and related restroom facilities provided that: 1. The reviewing authority makes the findings set forth in subsection B of this chapter regarding the rooftop restroom facilities. 2. The additional height above the existing building height will not exceed twelve feet (12 ). 3. The adaptive reuse development includes a maximum of two (2) rooftop restroom facilities. 4. The aggregate floor area of all rooftop restroom facilities permitted pursuant to this section shall not exceed two hundred (200) square feet or such minimum floor area as may be required by federal or state law, whichever is greater. 5. The aggregate floor area of any rooftop uses permitted pursuant to this section shall not exceed thirty three percent (33%) of the roof area upon which they are located unless otherwise approved by the reviewing authority as part of a planned development approval pursuant to article 18.4 of this chapter. 6. Any rooftop structures permitted pursuant to this section shall be set back from the face of any exterior wall of the floor immediately below so that a forty five degree (45 ) angle to the vertical plane of the nearest outside wall is not intersected. 7. Notwithstanding the provisions of subsection A6 of this section, a rooftop structure may intersect a forty five degree (45 ) angle to the vertical plane of the nearest outside wall provided that the exterior wall of the rooftop structure is constructed in the same plane as the exterior wall of the floor below and the rooftop structure will not exceed the applicable maximum allowable height otherwise permitted by more than forty five inches (45 ). 8. Use of the rooftop facilities shall be restricted to residents and guests of residents of the adaptive reuse development. 9. No admittance or use fees shall be charged to use the rooftop pool facilities. Nothing in this provision shall prohibit the imposition or collection of home owner association fees on residents of an adaptive reuse development to offset the costs of operating and maintaining such rooftop pool facilities. 10. Notwithstanding the provisions of this chapter permitting certain elements to be located above maximum height limits, only those elements required by law to project above the roof deck shall be permitted to exceed the twelve foot (12 ) height limit of the structure enclosing the rooftop use permitted hereby. 972

26 : C-5 ZONE MINOR ACCOMMODATIONS: Upon application by a property owner, and pursuant to the provisions of this section, the planning commission may approve unoccupied architectural features as set forth in subsection A of this article and may establish building lines in the C-5 zone other than those set forth in this article. In addition, upon application by a property owner, and pursuant to the provisions of this article, the planning commission may establish open space requirements in the C-5 zone less than the standards set forth in this article for: a) projects that are limited to the remodel of an existing building, and b) additions that do not exceed ten percent (10%) of the building s square footage that was legally permitted on December 14, A. Findings: The planning commission may approve unoccupied architectural features, establish building lines or establish open space requirements pursuant to this section if the commission finds that such requirements will not adversely impact the present or planned character of the C- 5 zone. B. Procedure: An application to establish building setbacks, building lines and open space requirements shall be filed with the director of planning and community development and shall be processed pursuant to the procedures provided in article 36 of this chapter for processing minor accommodations applications : RESTRICTIONS: (Transportation Overlay Zone) The following restrictions shall apply to development in the T-O zone: A. All restrictions applicable to the T zone; B. All provisions of article 31 of this chapter; C. No surface parking use shall be established, maintained, used, or occupied pursuant to subsection A of this article unless the operator of the surface parking use and/or the owner of the lot or parcel on which the use is located or is to be located obtains approval from the architectural commission of a landscaping plan in accordance with the procedures set forth in article 30 of this chapter; and D. No surface parking use or accessory structure shall be established, maintained, used, or occupied pursuant to subsection A of this article unless the operator of the surface parking use and/or the owner of the lot or parcel on which the use is located or is to be located obtains approval from the director of planning and community development of a plot plan setting forth the layout of the surface parking use and the location of accessory structures on the lot or parcel. If, in the opinion of the director, the plot plan merits review by the planning commission, the director may refer such application to the planning commission for review. If the plot plan review accompanies an application for any other discretionary approval from the planning commission, the planning commission shall be the reviewing authority for the plot plan. 1. Findings: The director or planning commission may approve a plot plan for a surface parking use only upon finding: 973

27 a. That the site is adequate in size and shape to accommodate the surface parking use; b. That the site is adequate in size and shape to provide adequate circulation for both pedestrian and vehicular traffic both on and off site. c. The surface parking use is consistent with the elements of the city s general plan and purpose and intent of this article; d. The surface parking use and all accessory structures, if any, maintain appropriate setbacks; and e. The surface parking use and all accessory structures, if any, comply with all applicable provisions of this code : SIDE SETBACKS: (Single Family Central Area) C. Side Setback Extension: If a legally constructed existing building does not conform to the setback requirements of this section, the building may be enlarged through the extension of the existing, nonconforming side setback provided that: 1. The existing setback is not less than three feet (3 ) and 2. The enlarged portion of the building does not exceed fourteen feet (14 ) in height. a. Minor Accommodation: If the existing setback is not less than three feet (3 ) and the extension exceeds fourteen feet (14 ) in height, then the extension may be permitted by a minor accommodation permit issued pursuant to article 36 of this chapter provided that the floor area of the extension is less than one thousand (1,000) square feet and less than twenty percent (20%) of the existing floor area inclusive of the area of any rear yard setback extension concurrently or previously approved pursuant to subsection C of this chapter, and provided that the reviewing authority finds that the extension will not have any 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. Extension of a nonconforming side setback permissible by a minor accommodation at the same time as extension of a nonconforming rear setback pursuant to section of this chapter shall be reviewed as one project and may be permitted by a single Central R 1 permit issued pursuant to article 24.5 of this chapter. b. Central R-1 Permit: If the existing setback is not less than three feet (3 ), the extension exceeds fourteen feet (14 ) in height, and the area of the extension, inclusive of any rear yard setback 974

28 extension approved pursuant to section of this chapter, exceeds one thousand (1,000) square feet or twenty percent (20%) of the existing floor area, then the extension may be permitted by a Central R-1 permit issued pursuant to article 24.5 of this chapter : PERMISSIBLE ENCROACHMENTS IN SIDE YARDS, STREET SIDE YARDS, AND REAR YARDS: (Single Family Residential in the Central Area) N. Elevators and elevator enclosures, provided the following criteria are met: 1. The subject residence is not a newly constructed building. Newly constructed building shall mean a building that has been constructed within the past five (5) yeats or remodeled more than fifty percent (50%) during the past five (5) years as described in section of this chapter. 2. The length of the encroachment measured parallel to the property line does not exceed seven feet (7 ), except that for lots located north of Santa Monica Boulevard a minor accommodation permit may be issued to allow a greater length. In order to approve the minor accommodation permit, the reviewing authority must find that the encroachment will not have an adverse impact on: a. The scale and massing of the streetscape, b. Neighbors access to light and air, c. Neighbors privacy, and d. The garden quality of the city. 3. The aggregate length of the encroachment of the elevator and elevator enclosure together with a fireplace encroaching into the same setback, pursuant to subsection F of this section, does not exceed thirteen feet (13 ), except pursuant to a minor accommodation permit issued pursuant to subsection N2 of this section. 4. The encroachment is not closer than three feet (3 ) from the front of the building. 5. The elevator and elevator enclosure does not have any windows. 6. Noise generated by the elevator complies with city noise regulations set forth in title 5, chapter 1, article 2 of this code. 7. The elevator and enclosure is designed to be compatible with the existing residence in color, material and design. 8. The encroachment into the setback does not exceed the following, provided that a minimum setback of three feet (3 ) shall be maintained in all cases: a. Thirty inches (30 ), or 975

29 b. Sixty inches (60 ) if a minor accommodation permit pursuant to article 36 of this charter is issued. In order to approve the minor accommodation permit, the reviewing authority must find that the encroachment will not have an 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 : DEVELOPMENT STANDARDS FOR ACCESSORY BUILDINGS SOUTH OF SANTA MONICA BOULEVARD: E. Central R-1 Permit: Notwithstanding any other provision of this section, for those lots located south of Olympic Boulevard and west of Roxbury Drive, the planning commission may modify the height limitation set forth in subsection B of this section, the limitations set forth in subsections Cl and C2 of this section, and the limitations set forth in subsections Dl and D2 of this section by a Central R-1 permit issued pursuant to article 24.5 of this chapter provided the rear lot line of the subject lot abuts an alley and provided further that the elevation of the subject lot slopes downhill from the front (street) lot line of the property to the rear (alley) lot line with a minimum difference in elevation of at least twenty feet (20 ) between the street and the alley. In addition to the findings required by section of this chapter, the planning commission shall not issue a Central R-1 permit to allow an accessory structure to exceed fourteen feet (14 ) in height unless the planning commission additionally finds that the proposed accessory structure will not have a substantial adverse impact on adjacent properties or the public welfare. In making this determination, the planning commission may look at such factors as the impact of the accessory structure on the scale and massing as viewed from adjacent properties, the impact of the accessory structure on available light in neighboring yards, and the cumulative impact to adjacent properties from the proposed accessory structure in combination with existing accessory structures in the vicinity. Under no circumstances shall the height of an accessory structure be permitted to exceed the following: 1. Twelve feet (12 ) as measured from the lowest finished elevation along the perimeter of the primary structure; and 2. Twenty five feet (25 ) for a flat roof and thirty feet (30 ) for a sloped roof with a twenty two foot (22 ) plate height as measured from the lowest (alley side) existing grade : DEVELOPMENT STANDARDS FOR ACCESSORY BUILDINGS NORTH OF SANTA MONICA BOULEVARD: E. Minor Accommodation: The height limitation set forth in subsection A of this section, the limitations set forth in subsections El and B2 of this section, and the limitations set forth in 976

30 subsections CI and C2 of this section may be modified by a minor accommodation issued pursuant to article 36 of this chapter provided the reviewing authority finds that the increased height will not have an adverse impact on: 1. The scale and massing of the streetscape; 2. The neighbors access to light and air; 3. The neighbors privacy; and 4. The garden quality of the city. F. Central R-1 Permit: Notwithstanding any other provision of this section, the planning commission may modify the height limitation set forth in subsection A of this section, the limitations set forth in subsections El and B2 of this section, and the limitations set forth in subsections Cl and C2 of this section by a Central R-1 permit issued pursuant to article 24.5 of this chapter. In addition to the findings required by section of this chapter, the planning commission shall not issue a Central R-1 permit to allow an accessory structure to exceed fourteen feet (14 ) in height unless the planning commission additionally finds that the proposed accessory structure will not have a substantial adverse impact on adjacent properties or the public welfare. In making this determination, the planning commission may look at such factors as the impact of the accessory structure on the scale and massing as viewed from adjacent properties, the impact of the accessory structure on available light in neighboring yards, and the cumulative impact to adjacent properties from the proposed accessory structure in combination with existing accessory structures in the vicinity. 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 : DEVELOPMENT INCENTIVES FOR SINGLE-FAMILY RESIDENTIAL DEVELOPMENT: D. Rear Setback Adjustment For Corner Lots South Of Santa Monica Boulevard: Subject to the requirements set forth in article 24.5 of this chapter, the planning commission may permit, through a Central R-l permit, a reduced rear setback for an addition to an existing building located on a corner lot provided all of the following requirements are satisfied: I. Location: The corner lot in question is located south of Santa Monica Boulevard; 2. Rear Lot Line: The rear lot line of the corner lot is located along an alley; 3. Cornet Lot Width: The cornet lot has a minimum width of fifty four feet (54 ); 4. Minimum Street Side Setback: A minimum five foot (5 ) street side setback is provided by the existing principal residential building and the proposed addition; 5. Height Of Principal Building: The height of the existing principal residential building on the corner lot complies with the maximum building height requirements set forth in section of this chapter; 977

31 6. Height Of Addition: The height of the addition does not exceed the height of the existing principal residential building; 7. Coverage: The existing principal residential building and the addition do not cover more than fifty percent (50%) of the requited teat yard area, excluding porches and decks that ate attached to the building and constructed in accordance with subsection C of this chapter; 8. Rear Setback: For the first floor or up to fourteen feet (14 ) in height the proposed addition maintains a minimum eight foot (8 ) rear setback, unless the addition contains a two (2) cat garage at a minimum that is not accessed from the alley, in which case no rear setback shall be required. The second floor or any portion of the addition over fourteen feet (14 ) in height shall be well modulated with stepbacks or architectural details or a combination thereof, unless the planning commission finds that the modulation would be inconsistent with the architectural style of the primary residential building and is not necessary to maintain privacy; and 9. Street Side Modulation Requirement: In addition to the street side setback and rear setback required by this section, the street side facade of the proposed addition shall be well modulated with stepbacks or architectural details or a combination thereof, unless the planning commission finds that the modulation would be inconsistent with the architectural style of the primary residential building. E. Side Setback Adjustment For Lots North Of Santa Monica Boulevard: Subject to the requirements set forth in article 24.5 of this chapter, the planning commission may permit, through a Central R 1 permit, a reduced side setback for a new single-family residence or an addition to an existing single-family residence provided all of the following requirements are satisfied: 1. The lot in question is located north of Santa Monica Boulevard; 2. The maximum height of the proposed structure on the lot complies with the maximum building height requirements set forth in section of this chapter; 3. The proposed structure maintains a minimum seven and one-half foot (7.5 ) setback from each side lot line; 4. The maximum height of the proposed structure at the side setback lines, as adjusted, is twenty four feet (24 ); 5. The surface area of the facade of the proposed structure is not greater than the maximum potential facade : PAVING: (Single family in central area) I. Minor Accommodation: Notwithstanding any other provision of this section, a reviewing authority may authorize the replacement of legally nonconforming pavement with an amount of paving less than or equal to the existing pavement pursuant to article 36 of this chapter if the reviewing authority finds that such paving will be compatible with the character of the adjacent streetscape. 978

32 : MAXIMUM WIDTH AND DEPTH ESTABLISHED; PROHIBITION ON MULTIPLE-LOT DEVELOPMENTS: C. Notwithstanding any other provision of this section, the city council may waive the limitations set forth in subsection A of this section by issuing a Central R-1 permit pursuant to article 24.5 of this chapter. Additionally, the city council may waive the provisions of subsection B of this section in connection with a remodel of an existing home that occupies more than one lot provided that the remodel does not involve an increase in the square footage of the existing home. In addition to the findings required by section of this chapter, the city council shall not issue a Central R-1 permit to allow a single-family residential development on multiple lots, to allow a residential structure to be erected or enlarged across a lot line, or to allow a lot to exceed the maximum width and depth limitations imposed by this section unless the city council makes the following additional findings: 1. The Central R-1 permit does not enlarge any single lot by more than ten percent (10%) of the average width or depth of the lots in the same block. 2. The proposed development is designed to appropriately minimize the appearance of scale and mass and enhances the garden quality of the city and appropriately maximizes the use of required open space within the proposed architectural style; 3. The proposed development will enhance the appearance of the neighborhood; 4. The proposed development appropriately balances the applicant s reasonable expectation of development with the neighbors reasonable expectation of privacy; and 5. The proposed development respects the character of the existing neighborhood and prevailing site design patterns, carefully analyzing the characteristics of the surrounding group of homes, and integrates appropriate features that will ensure harmony between old and new. In making this determination, the city council may look at such factors as the impact of the proposed development on the scale and massing as viewed from adjacent properties, the impact of the proposed development on available light in neighboring yards, and the cumulative impact to adjacent properties from the proposed development in combination with existing multiple lot developments in the vicinity : FINDINGS REQUIRED TO ISSUE A CENTRAL R-J PERMIT: The reviewing authority shall not issue a Central R-1 permit unless the reviewing authority finds that the proposed development will not have a substantial adverse impact on: A. The scale and massing of the streetscape, B. Neighbors access to light and air, C. Neighbors privacy, and 979

33 D. The garden quality of the city : SIDE SETBACKS: (Hillside) B. Side Setback Extension: If a legally constructed existing building does not conform to the setback requirements of this section, then the building may be enlarged through the extension of the existing, nonconforming, side setback provided that the existing setback is not less than three feet (3 ) and the enlarged portion of the building does not exceed fourteen feet (14 ) in height. 1. Minor Accommodation: If the existing setback is not less than three feet (3 ) and the extension exceeds fourteen feet (14 ) in height, then the extension may be permitted by a minor accommodation permit issued pursuant to article 36 of this chapter provided that the floor area of the extension is less than one thousand (1,000) square feet and less than twenty percent (20%) of the existing floor area authorized by building permit as of September 2, 1988, and provided that the reviewing authority finds that the extension will not have an adverse impact on: a) the scale and massing of the streetscape, b) neighbors access to light and air, c) neighbors privacy, and d) the garden quality of the city. 2. Hillside R-1 Permit: If the existing setback is not less than three feet (3 ), the extension exceeds fourteen feet (14 ) in height, and the area of the extension exceeds one thousand (1,000) square feet or twenty percent (20%) of the existing floor area authorized by building permit as of September 2, 1988, then the extension may be permitted by a Hillside R-1 permit issued pursuant to article 25.5 of this chapter : PERMISSIBLE ENCROACHMENTS IN SIDE YARDS, STREET SIDE YARDS, PAD EDGE SETBACKS, AND REAR YARDS: (hillside) K. Elevators and elevator enclosures, provided the following criteria are met: 1. The subject residence is not a newly constructed building. Newly constructed building shall mean a building that has been constructed within the past five (5) years or remodeled more than fifty percent (50%) during the past five (5) years as described in section of this chapter. 2. The length of the encroachment measured parallel to the property line does not exceed seven feet (7 ), except that a minor accommodation permit may be issued to allow a greater length. In order to approve the minor accommodation permit, the reviewing authority must find that the encroachment will not have an adverse impact on: a. The scale and massing of the stteetscape, b. Neighbors access to light and air, c. Neighbors privacy, and d. The garden quality of the city. 980

34 : WALLS, FENCES AND HEDGES: (Hillside Area of the City) C. Front And Street Side Yards: No wall or fence shall be located within three feet (3 ) of a front lot line or street side lot line. Walls or fences located more than three feet (3 ) from a front lot line or street side lot line, but less than or equal to ten feet (10 ) from a front lot line or street side lot line shall be no more than three feet (3 ) in height. Walls or fences located more than ten feet (10 ) from a front lot line or street side lot line, but within a front yard or street side yard, shall be no more than six feet (6 ) in height. Furthermore, any portion of such walls or fences that exceeds three feet (3 ) in height shall be open to public view. 1. Hillside R-1 Permit: Notwithstanding the provisions of this subsection C, a reviewing authority may issue a Hillside R-1 permit to permit a wall of no more than six feet (6 ) in height to encroach into a front yard or street side yard without otherwise complying with the requirements of this subsection C. 2. Minor Accommodation: Notwithstanding the provisions of this subsection C, a reviewing authority may issue a minor accommodation permit pursuant to article 36 of this chapter to allow a wall or fence of up to six feet (6 ) in height to be located between three feet (3 ) and ten feet (10 ) from a front lot line or street side lot line, provided that the wall or fence is open to public view and provided that the reviewing authority finds that the wall or fence will not have a substantial adverse impact on the scale and massing of the streetscape or the garden quality of the City. D. Areas Other Than Front And Street Side Yards: The maximum allowable height for that portion of a wall, fence, or hedge located outside of all front and street side yards shall be seven feet (7 ), as measured per the definition of height of wall, fence, or hedge located in section of this chapter. Further, under no circumstance shall the height of the wall, fence, or hedge, measured on the side farther from a property line exceed twelve feet (12 ). 1. Hillside R-1 Permit: A reviewing authority may issue a Hillside R-1 permit to permit a wall, fence, or hedge to exceed twelve feet (12 ), measured on the side farther from a property line; however, under no circumstances shall the wall, fence, or hedge measure more than seven feet (7 ) on the side closest to the property line. E. Series Of Walls: If a series of walls, or portions of a wall, are constructed on the same property so that a perpendicular section cut through a wall would intersect more than one wall segment and would intersect a total height of seven feet (7 ) or more, then a minimum ten foot (10 ) landscaped area must be provided between the wall segments. Such landscaping shall consist of climbing vines or alternative vegetation that will substantially screen the walls. Furthermore, the cumulative height of a series of walls shall not exceed twelve feet (12 ) within any fifty foot (50 ) perpendicular section cut through the wall segments. 1. Hillside R-1 Permit: A reviewing authority may issue a Hillside R-1 permit to allow a series of walls to deviate from the requirements outlined in this subsection E. (Ord , eff ) 981

35 : PAVING: (Hillside Area) H. Minor Accommodation: Notwithstanding any other provision of this section, a reviewing authority may authorize the replacement of legally nonconforming pavement with an amount of paving less than or equal to the existing pavement pursuant to article 36 of this chapter if the reviewing authority finds that such paving will be compatible with the character of the adjacent streetscape : HILLSIDE R-1 PERMIT: 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 reviewing authority may issue a Hillside R-1 permit to establish the following standards in accordance with the following criteria in the Hillside Area of the City: A. Import And Export Of Material: The reviewing authority may issue a Hillside R-1 permit that: 1) allows the import or export of material from a site to exceed the standards set forth in section of this chapter, and 2) establishes the total amount of material that may be imported or exported from a site in the Hillside Area, if the reviewing authority finds that the import or export will not create a substantial adverse impact on the surrounding neighborhood. As part of this determination, the reviewing authority shall consider the street widths and street configuration in the neighborhood. The reviewing authority shall also consider haul routes, scheduling, the total number of construction-related vehicle trips associated with the project as a whole, phasing and safety precautions proposed, and any other factors that may impact the public s health, safety or welfare in the Hillside R-1 permit application. B. Cut And Fill: The reviewing authority may issue a Hillside R-1 permit that establishes the total amount of material that may be cut from a slope and/or filled on a site in the Hillside Area in excess of that permitted pursuant to section of this chapter if the reviewing authority finds that: 1) due to the topography or soil conditions of the subject property, the landform alteration requirements of section of this chapter create a hardship for the applicant and the grading proposed will not result in a substantial adverse change to the character of the existing landforms, or 2) the landform alteration itself will benefit the character of the neighborhood or neighboring properties and such benefit will outweigh any adverse impacts that may result from such alteration. For the purposes of this subsection, a property owner s inability to develop a residence of comparable size or floor area ratio to surrounding residences shall not be considered a hardship. C. Game Courts: The reviewing authority may issue a Hillside R-1 permit that allows a paved game court surface within five feet (5 ) of a property line if the reviewing authority finds that due to landscaping on the property and the location of development on adjacent sites: 1) the game court will not have a substantial adverse impact on the visual character of the area as viewed from streets and neighboring properties, and 2) the game court will not have a substantial adverse impact on the privacy and quiet enjoyment of neighboring properties. D. Game Court Fences And Lighting Standards: The reviewing authority may issue a Hillside R-1 permit to establish the height of a game court fence or game court lighting standard in a required side yard or rear yard in excess of the height allowed pursuant to section of this chapter, if the reviewing authority finds that the game court fence or lighting standard will not have a substantial adverse impact on: 1) access to light and air by neighboring properties, or 2) 982

36 the visual character of the area as viewed from streets and neighboring properties. However, in no case shall the reviewing authority allow any game court fence to exceed twelve feet (12 ) in height nor shall the reviewing authority allow any lighting standard to exceed twenty two feet (22 ) in height. E. Floor Area: The reviewing authority may issue a Hillside R-1 permit to allow the total of the cumulative floor area developed on a site, in combination with the floor area of all basements on that site as measured pursuant to subsection B of this chapter, to exceed fifteen thousand (15,000) square feet if the floor area ratio formula set forth in subsection B of this chapter would so permit and the reviewing authority finds that the development will not have a substantial adverse impact on the scale, integrity, or character of the area or on the privacy of neighboring properties. The reviewing authority may require the applicant to submit such information and reports as the reviewing authority deems appropriate to determine the nature and extent of impacts on the scale, integrity and character of the area and on the privacy of neighboring properties. F. Large Site Floor Area: For those sites that are at least two (2) acres in area, the reviewing authority may issue a Hillside R-1 permit that establishes a maximum permitted cumulative floor area for all buildings and structures on a site in excess of that which would be allowed pursuant to section of this chapter, if the reviewing authority finds that development of that floor area will not create a substantial adverse impact on the visual character of the area as viewed from the streets and neighboring properties. G. View Preservation: For those sites restricted by section of this chapter regarding view preservation, the reviewing authority may issue a Hillside R-1 permit that establishes a maximum building height in excess of fourteen feet (14 ), and/or establishes minimum setbacks, if the reviewing authority finds that the development under the approved standards would not substantially disrupt a view of the Los Angeles area basin from the level pad which contains the primary residential building on properties within a three hundred foot (300 ) radius of the subject property and, that the provision of a view corridor would not create a substantial adverse impact on the visual character of the area as viewed from the streets and neighboring properties. However, in no case shall the reviewing authority establish a building height that is greater than would otherwise be allowed if the site were not governed by the provisions of section of this chapter. For the purposes of this subsection, a view from the level pad which contains the primary residential building shall be defined as that term is defined in section of this chapter. H. Accessory Structures: The reviewing authority may issue a Hillside R-1 permit: 1) to allow an accessory structure of up to fourteen feet (14 ) in height to be located within five feet (5 ) of a property line; 2) to allow an accessory structure located in a yard area to exceed fourteen feet (14 ) in height if the second story meets the side setback required for the primary building on the site; or 3) to allow an accessory structure located in a yard to exceed fourteen feet (14 ) in height if the structure is located on a site area that equals or exceeds forty thousand (40,000) square feet in area; if the reviewing authority finds that the structure will not have a substantial adverse impact on the scale or character of the area, on the privacy of neighboring properties, on the neighbors access to light and air, or on the streetscape. However, no more than one accessory structure that exceeds fourteen feet (14 ) in height shall be permitted in the side or rear yard areas. I. Extension Of Side Setback: The reviewing authority may issue a Hillside R-1 permit to allow an extension of an existing nonconforming side setback that exceeds fourteen feet (14 ) in height provided that the existing setback is no less than three feet (3 ) and the reviewing authority finds 983

37 that the extension 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. J. Wall Height In Front Or Street Side Yard: The reviewing authority may issue a Hillside R-1 permit to allow a wall of no more than six feet (6 ) in height to encroach into a front yard or street side yard without otherwise complying with the requirements of subsection C of this chapter if the reviewing authority finds that the wall will not have a substantial adverse impact on the scale and massing of the streetscape or the garden quality of the City. K. Expansion Off The Existing Level Pad: The reviewing authority may issue a Hillside R-1 permit to allow more than one thousand (1,000) square feet of cumulative floor area to be located off the level pad if it finds that the development will not have a substantial adverse impact on the scale, integrity, or visual character of the surrounding area, or on the privacy of neighboring properties, and the reviewing authority may require the applicant to submit such information and reports as the reviewing authority deems appropriate to determine the nature and extent of the impacts on the scale, integrity, and visual character of the surrounding area and on the privacy of neighboring properties. L. Total Maximum Height Of Wall, Fence, Or Hedge: The reviewing authority may issue a Hillside R 1 permit that allows the height of a wall, fence, or hedge, as measured on the side farthest from the closest property line to exceed the standards set forth in section of this chapter, if the reviewing authority finds that: 1) the deviation from the standards will not have a substantial adverse impact on the character, scale, or integrity of the area as viewed from streets and surrounding properties, and 2) the deviation will not have a substantial adverse impact on neighbor s access to light and air, neighbor s privacy, or the garden quality of the City, and 3) the deviation is necessary to allow for appropriate development on the subject site. M. Series Of Walls: The reviewing authority may issue a Hillside R-1 permit that allows a series of walls to deviate from the standards set forth in section of this chapter that limit the number and height of series of retaining walls if the reviewing authority finds that: 1) the deviation from the standards will not have a substantial adverse impact on the character, scale, or integrity of the area as viewed from streets and surrounding properties, and 2) the deviation will not have a substantial adverse impact on neighbor s access to light and air, neighbor s privacy, or the garden quality of the City, 3) the deviation is necessary to allow for appropriate development on the subject site, and 4) there is no less than three feet (3 ) of landscaped area provided between two (2) walls in a series. For the purposes of this section, a substantial adverse impact shall mean an adverse impact that is material and readily perceptible. Except as explicitly provided in this section, no Hillside R-1 permit shall be construed as a waiver of any requirement of this chapter : TEMPORARY R-1 PERMIT FOR PIPELINE PROJECTS: A. The reviewing authority may issue a Hillside R-1 permit to allow Hillside projects that have submitted a substantially complete application for building permit between January 11, 2018, and the effective date of ordinance that ate not otherwise exempt from the regulations contained in ordinance , to build in compliance with the zoning standards that existed 984

38 immediately before ordinance took effect, provided that in order to approve a Hillside R-1 permit pursuant to this section, the reviewing authority must find as follows: 1. The project is consistent with the Zoning Code as it existed the day prior to the effective date of ordinance ; 2. The project will not have a substantial adverse impact on the visual character of the area as viewed from streets and neighboring properties; 3. The project will not have a substantial adverse impact on: the scale, integrity, or character of the area; the privacy of neighboring properties; neighbor s access to light and air; or on the streetscape; and, 4. The project will not have a substantial adverse impact on the garden quality of the City. B. The reviewing authority may consider haul routes, scheduling, the total number of constructionrelated vehicle trips associated with the project as a whole, phasing and safety precautions proposed, and any other factors that may impact the public s health, safety or welfare in the Hillside R-1 permit application. This section shall no longer be applicable once all pending pipeline projects have been processed. Further, the provisions in this section establishing the temporary R-1 permit process for projects currently under review shall sunset two (2) years after the effective date of ordinance All other provisions of ordinance shall remain in effect. C. Projects eligible for this temporary R-1 permit are Hillside Area projects for which substantially complete applications for a building permit were submitted for building plan check between January 11, 2018 and the effective date of ordinance where the scope of work includes: 1. A new single family home; or 2. Increasing the cumulative floor area on site by more than fifty percent (50%) beyond what previously existed on the site; or 3. Landform alteration that exceeds the amended threshold set forth in ordinance : TROUSDALE R-1 PERMIT: Notwithstanding any other provision of this chapter, upon application by a property owner in a form satisfactory to the director of community development, the reviewing authority may issue a Trousdale R-1 permit to establish the following standards in accordance with the following criteria in Trousdale Estates: A. Height Of Additions: The reviewing authority may issue a Trousdale R-1 permit that allows an addition to a building, including a side setback prolongation, to exceed fourteen feet (14 ) in height if the building lawfully exceeded fourteen feet (14 ) in height on October 15, 1987, the addition will not exceed the height of the building, the addition will not exceed twenty percent (20%) of the existing floor area, and the reviewing authority finds that: 1) the addition will not materially impair the view or line of sight of neighboring homes, 2) the addition will not materially 985

39 change the scale, character or integrity of the area, and 3) the addition will not adversely affect the utility and value of neighboring properties or the general welfare of the neighborhood. B. Estates Larger Than Five Acres: A single-family residence in Trousdale Estates that is located on a site in existence on April 22, 2010, that is larger than five (5) acres and contains a level building pad of at least one and one-half (1.5) acres, which residence lawfully exceeded fourteen feet (14 ) in height on October 15, 1987, may be rebuilt or remodeled up to the maximum height of the single-family residence that existed on such site as of October 15, 1987, without otherwise conforming to the envelope of such single-family residence. In reviewing a request for a R-l permit under this subsection B, the reviewing authority may approve the request if it finds the newly constructed single-family residence: 1) will not exceed one hundred twenty percent (120%) of the existing floor area of the single-family residence as it existed on October 15, 1987; 2) will not materially impair the view or line of sight of one or more neighboring homes; 3) will not materially change the scale, character or integrity of the area; and 4) will not adversely affect the utility of neighboring properties or the general welfare of the neighborhood. Notwithstanding any other provision of this code, the cumulative floor area of accessory structures located on a site for which a Trousdale R-1 permit has been issued pursuant to this subsection B shall, at all times, be limited in floor area so as not to exceed a maximum of ten percent (10%) of the floor area of the primary residential structure. C. Game Court Fences And Lighting Standards: The reviewing authority may issue a Trousdale R-1 permit to establish the height of a game court fence or game court lighting standard within five feet (5 ) of a property line in excess of the height allowed pursuant to subsection C of this chapter if the reviewing authority finds that the game court fence or lighting standard will not have a substantial adverse impact on: 1) access to light and air by neighboring properties, or 2) the visual character of the area as viewed from streets and neighboring properties. However, in no case shall the reviewing authority allow any game court fence to exceed twelve feet (12 ) in height nor shall the reviewing authority allow any lighting standard to exceed twenty two feet (22 ) in height. For the purposes of this section, a substantial adverse impact shall mean an adverse impact that is material and readily perceptible. Except as explicitly provided in this section, no Trousdale R-1 permit shall be construed as a waiver of any requirement of this chapter : PARKING LOTS AND OTHER MOTOR VEHICLE USE AREAS; SPECIFICATIONS: K. Minor Accommodation: Notwithstanding the provisions of subsection B of this section, a reviewing authority may issue a minor accommodation pursuant to article 36 of this charter to allow a wall of up to ten feet (10 ) in height where parking lots and other motor vehicle use areas are adjacent to residentially zoned property, provided that the reviewing authority finds that the wall will not have a substantial adverse impact upon traffic safety, the scale and massing of the streetscape or garden quality of the city. A reviewing authority may also issue a minor accommodation to allow for any wall material other 986

40 than masonry, provided the reviewing authority finds that the choice of alternate wall material will not have a substantial adverse impact on the privacy, security or residential quality of the adjacent residential property : ALTERNATIVE PARKING FACILITY: D. Findings: In addition to the findings outlined in article 38 of this chapter, a conditional use permit shall only be issued if the planning commission finds that: 1. The proposed location of the alternative parking facility will not be detrimental to adjacent property or to the public welfare; 2. Due to circumstances such as lot size, lot shape, lot location, or other existing conditions of the site, the applicant has demonstrated that an alternative parking facility is a reasonable method of providing code required parking; 3. The use of an alternative parking facility enhances the design of the proposed project and does not result in a substantial adverse impact to the character of the surrounding area; 4. The proposed alternative parking facility and operation thereof will not create any material adverse traffic or parking impacts, traffic safety hazards, pedestrian-vehicle conflicts, or pedestrian safety hazards : PARKING IN NONRESIDENTIAL ZONES; LOCATION AND SHIELDING OF FACILITIES: Except as provided in this section, in all nonresidential zones, required parking shall be provided on site. However, the director of community development may, pursuant to the provisions of article 36 of this chapter, approve a minor accommodation permit for up to ten (10) spaces to be located off site within seven hundred fifty feet (750 ) of the use site if the director finds that the proposal would not have a significant, adverse effect on traffic and parking in the area. The planning commission may grant a conditional use permit authorizing off site parking in excess of ten (10) spaces within seven hundred fifty feet (750 ) of the use site : APPROVAL OR DENIAL OF ZONE CLEARANCE: (Adult entertainment) The director shall, within thirty (30) city business days of the filing of an application, approve and issue a zone clearance if a complete application has been submiffed and the requirements of this article have been met; otherwise the zone clearance shall be denied. Notice of the approval or denial of the zone clearance shall be given to the applicant in writing by first class mail, postage prepaid, deposited in the course of transmission with the United States postal service within three (3) city business days of the date of such decision. If the application is denied, the director shall attach to 987

41 the notice a statement of the reasons for the denial. The times set forth in this section shall not be extended except upon the written consent of the applicant. Any interested person may appeal the decision of the director to the hearing officer in accordance with this article : MULTIPLE-FAMILY RESIDENTIAL ZONES; FRONT SETBACKS AND MODULATION REQUIREMENTS: D. Exception; R-4 Permit To Allow Reduction Of Modulation Requirement: A reviewing authority may issue an R-4 permit to allow the depth of the additional setback required by subsections B and C of this section to be reduced if the reviewing authority determines that the proposed development, as modulated, does not have an adverse impact on the scale and massing of the streetscape : MULTIPLE-FAMILY RESIDENTIAL ZONES; REAR SETBACKS: E. Exception; Large Scale Multiple-Residential Projects: Notwithstanding any other provision of this section, a large scale multiple residential project may reduce the required rear yard setback from fifteen feet (15 ) to ten feet (10 ) to offset the loss of usable floor area to the modulation requirements of subsection E of this article, provided that such reduction does not result in a floor area that exceeds the maximum allowable floor area for the subject site and further provided that the rear property line of the subject site does not abut property zoned R-J 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 density permitted by this article. For the purposes of calculating the maximum allowable floor area, 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 E of this article, and such reduction does not result in 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; 988

42 (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 : PERMISSIBLE ENCROACHMENTS INTO FRONT AND STREET SIDE YARDS: (multifamily) 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 is provided above the garage for planting purposes; 1. Exception; R-4 Permit: A reviewing authority may issue an R-4 permit to allow a basement garage to encroach into the front setback even if the garage is not two feet (2 ) below the finished level of the adjacent sidewalk if the building is subject to the requirements of title 9, charter 7 of this code concerning protection against water intrusion, no portion of the encroachment is more than three feet (3 ) above grade, and the reviewing authority determines that the applicant will provide alternate means to accommodate substantial landscaping in the front yard; : PAVING OF SETBACKS; MULTIPLE-FAMILY RESIDENTIAL ZONES: 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 pursuant to an R-4 permit as provided in article 28.5 of this chapter if: 1) the walkway provides direct 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 frontage along the front lot line of the subject site pursuant to an R-4 permit as provided in article 28.5 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 989

43 this chapter, if the planning commission 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. (Ord , eff ; amd. Ord , eff ) : DEVELOPMENT INCENTIVES FOR MULTIPLE-FAMILY RESIDENTIAL DEVELOPMENT: (Unit bonus, multi-family) 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 : 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 reviewing authority may issue an R-4 permit to the following development standards as provided within this chapter: A. Subsections l b, C and El regarding tear setbacks; B. Subsection B regarding the height of buildings and rooftop bathroom facilities; C. Section regarding the depth of required modulation; D. Section regarding length of buildings; E. Subsection El regarding the depth of garages that encroach into a front setback; and F. Section regarding front yard paving. G. Section to permit residential units above existing garages or carports. H. Subsection A regarding setback encroachments. I. Subsection E3b regarding the percentage of front facade of the first two (2) stories of a large scale multiple residential development that is required to be built to the front setback line. 990

44 J. Section regarding extension of legally nonconforming height : CONDITIONAL USE PERMITS REQUIRED: E1 Any construction of a new hotel, any expansion of the building envelope of an existing hotel, any new or relocated outdoor recreation or dining facilities, any relocation of public entrances to the building or any intensification of hotel use that would allow either a greater number of guests to reside at a hotel or would allow the total capacity of function rooms or areas to increase shall require the issuance of a conditional use permit. As part of its review under this section, the decision maker may require the applicant to submit studies concerning traffic impacts, land use impacts, air quality impacts, public services impacts, shade/shadow impacts, geological impacts, or any other impact of the proposed project that may influence the determination regarding the appropriateness of issuing a conditional use permit. Furthermore, in addition to the consideration of the criteria for conditional use permits under article 38 of this chapter, the decision maker shall deny the conditional use permit if it finds that, notwithstanding the inclusion of mitigation measures as conditions of the conditional use permit, the proposed hotel use will nevertheless significantly increase traffic congestion on commercial streets during peak traffic hours or significantly increase traffic congestion on residential streets at any time. Notwithstanding this requirement, the decision maker may nevertheless grant the conditional use permit without mitigating a significant increase to traffic congestion on commercial streets or street segments devoted to commercial use if the decision maker finds that the mitigation measures identified to reduce the traffic congestion may contribute to significant environmental impacts. Where occupancy capacity is set by the conditional use permit, an annual inspection fee to reimburse the city for the additional enforcement costs shall be imposed. Conditional use permits issued pursuant to this section shall lapse one year after the date of issuance unless physical construction of the permitted project has commenced. This period may be extended no more than two (2) times for additional one year periods : TREE REMOVAL PERMIT: G. A tree removal permit shall be approved under subsection F of this section, if the following findings are made by the reviewing body: 1. The removal of the protected tree cannot be reasonably avoided by redesigning the location or nature of any proposed improvements on the property which have caused the need to remove the protected tree. 2. The removal of the protected tree will not have any significant environmental effects or otherwise harm the public health or general welfare. 3. The removal of the protected tree will not significantly and adversely affect erosion, soil retention, or the flow of surface water. 4. The removal of the protected tree will not significantly and adversely affect the aesthetic quality and appearance of the surrounding neighborhood. 991

45 : CRITERIA: The architectural commission may approve, approve with conditions, or disapprove the issuance of a building permit in any mailer subject to its jurisdiction after consideration of whether the following criteria are complied with: A. The plan for the proposed building or structure is in conformity with good taste and good design and, in general, contributes to the image of Beverly Hills as a place of beauty, spaciousness, balance, taste, fitness, broad vistas, and high quality; B. The plan for the proposed building or structure indicates the manner in which the structure is reasonably protected against external and internal noise, vibrations, and other factors which may tend to make the environment less desirable; C. The proposed building or structure is not, in its exterior design and appearance, of inferior quality such as to cause the nature of the local environment to materially depreciate in appearance and value; D. The proposed building or structure is in harmony with the proposed developments on land in the general area, with the general plan for Beverly Hills, and with any precise plans adopted pursuant to the general plan; and E. The proposed development is in conformity with the standards of this code and other applicable laws insofar as the location and appearance of the buildings and structures are involved. F. In addition to the foregoing criteria, in connection with any application to convert an existing residential apartment building determined by the planning commission to be a character contributing building in accordance with section of this title, the architectural commission shall not approve a renovation to the exterior of a character contributing building unless it makes the following additional finding: 1. The proposed development is designed in a manner that protects and preserves those exterior elements of the building which the planning commission found contributed to the determination of the project as a character contributing building in accordance with section of this title. If the criteria set forth in this section are met, the application shall be approved. Conditions may be applied when the proposed building or structure does not comply with such criteria and shall be such as to bring such building or structure into conformity. If an application is disapproved, the architectural commission shall detail in its findings the criterion or criteria that are not met. The action taken by the architectural commission shall be reduced to writing and signed by the chairman, and a copy thereof shall be made available to the applicant upon request. A decision or order of the architectural commission or the director of planning shall not become effective until the expiration of fourteen (14) calendar days after the date upon which a ruling of the architectural commission or the director of planning has been made. 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 rental apartment building that has been determined by the planning commission to 992

46 be a character contributing building in accordance with section of this title to a common interest development within the meaning and definitions of that article : STANDARD OF REVIEW OF DEVELOPMENT PLAN REVIEW APPLICATIONS: Except as provided in this section for development plans to be located in the C-5 Zone and reviewed by the Director of Planning and Community Development, the reviewing authority shall approve a development plan review application only if it makes all of the following findings: A. The proposed plan is consistent with the general plan and any specific plans adopted for the area. B. The proposed plan will not adversely affect existing and anticipated development in the vicinity and will promote harmonious development of the area. For those proposed plans to be located in the C-5 Zone that are reviewed by the Planning Commission, the commission shall consider the factors set forth in section of this chapter as part of the commission s determination regarding whether a project will promote harmonious development of the area. C. The nature, configuration, location, density, height and manner of operation of any commercial development proposed by the plan will not significantly and adversely interfere with the use and enjoyment of residential properties in the vicinity of the subject property. D. The proposed plan will not create any significantly adverse traffic impacts, traffic safety hazards, pedestrian-vehicle conflicts, or pedestrian safety hazards. E. The proposed plan will not be detrimental to the public health, safety or general welfare. In approving a development plan application, the reviewing authority may impose such conditions as it deems appropriate to protect the public health, safety and general welfare. With regard to development plans to be located in the C-5 Zone and to be reviewed by the Director of Planning and Community Development, the review of the Director shall be ministerial and limited to whether such building conforms to the requirements of the C-5 Zone : FINDINGS REQUIRED TO ISSUE A HISTORIC INCENTIVE PERM IT: The reviewing authority shall not issue a historic incentive permit unless the reviewing authority makes the following findings: A. The proposed project either: 1. Complies with the Secretary Of The Interior s Standards For The Treatment Of Historic Properties With Guidelines For Preserving, Rehabilitating, Restoring, And Reconstructing Historic Buildings ; or 993

47 2. Does not demonstrate strict compliance with the Secretary Of The Interior s Standards For The Treatment Of Historic Properties With Guidelines For Preserving, Rehabilitating, Restoring, And Reconstructing Historic Buildings, but nonetheless protects and preserves the historic and architectural qualities and the character defining features that make the property a landmark or contributing property; and B. The proposed development will not have a substantial adverse impact on: 1. The scale, massing, or character of the streetscape, 2. The scale and massing of the property as viewed by neighboring properties, 3. Neighbors access to light and air, 4. Neighbors privacy, 5. The garden quality of the city, and 6. The public health, safety, or welfare : STANDARD OF REVIEW: (in lieu parking) The planning commission or director pursuant to the provisions of section of this chapter shall approve an application for participation in the in lieu parking district only if the commission or director makes the following findings: A. Participation in the in lieu parking district, as approved, will not adversely affect existing and anticipated development in the vicinity and will promote harmonious development of the area. B. Participation in the in lieu parking district, as approved, will not create any significantly adverse traffic safety impacts, pedestrian-vehicle conflicts, or parking impacts. C. Participation in the in lieu parking district will not be detrimental to the public health, safety and welfare. The commission or director may restrict participation in the in lieu parking district by requiring the provision of a minimum amount of on site parking if the commission or director determines that such restriction is necessary to allow the commission or director to make the findings set forth in this section : WAIVERS, ALTERNATIVE FEES, AND OTHER EXEMPTIONS: (In Lieu Fees) A. In Lieu Parking: Pursuant to the requirements, limitations and procedures set forth in this section, the city council or the planning commission may allow a property owner to purchase in lieu parking to serve a site area in excess of sixteen thousand (16,000) square feet and may waive, in whole or in part, the fees required by section of this chapter. 994

48 1. Eligible Uses: The city council or planning commission may only take action pursuant to this subsection A with regard to site areas occupied by, or fees imposed upon, the following uses: a. Museum uses owned and controlled by a nonprofit, tax exempt entity. b. Adaptive reuses of a building listed on the city of Beverly Hills local register of historic properties. C. Findings Required: The city council or planning commission shall not take action pursuant to this section unless the city council or planning commission finds that: 1. Due to the nature of the proposed use, the proposed use will attract and serve potential retail sales customers to the in lieu parking districts; and 2. The proposed use will not unreasonably deplete parking resources in the in lieu parking districts : STANDARD OF REVIEW: (Open Air Dining) The reviewing authority shall approve an open air dining permit application if all of the following findings can be made: A. The proposed open air dining use is consistent with the general plan and any specific plans adopted for the area. B. The proposed open air dining use will not adversely affect existing and anticipated development in the vicinity and will promote the harmonious development of the area. C. The nature, configuration, location, density, and manner of operation of any open air dining use proposed will not significantly and adversely interfere with the use and enjoyment of residential properties in the vicinity of the subject property. D. The proposed open air dining use will not create any significant traffic impacts, traffic safety hazards, pedestrian-vehicle conflicts, or pedestrian safety hazards and will not impede the safe and orderly flow of pedestrians along the public right of way. E. The proposed open air dining use will not create any significantly adverse parking impacts as a result of employee or patron parking demands. F. The proposed open air dining use will not create any significantly adverse impacts on neighboring properties as a result of: 1. The accumulation of garbage, trash or other waste; 2. Noise created by operation of the restaurant or by employees or visitors entering or exiting the restaurant; 3. Light and glare; or 995

49 4. Odors and noxious fumes. G. The proposed open air dining use will not be detrimental to the public health, safety, or general welfare : ACCOMMODATIONS 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 reviewing authority may issue a minor accommodation to the following development standards as provided within this chapter: A. Section , definition of floor area, regarding floor area for ground floor commercial uses. B. Subsection A regarding restricted uses in pedestrian oriented areas. C. Sections , , and regarding front yard paving in R-1 zones. D. Section regarding off site parking. E. Sections and regarding transitional setbacks. F. Section regarding below grade driveways in the front yard setback. G. Section regarding architectural features, building lines and open space requirements in the C-5 zone. H. Repealed. I. Subsections C and B regarding side setback extensions. J. Sections and regarding the height of accessory structures. K. Subsection B regarding the addition of awnings, canopies and signs that encroach into a required yard of a building occupied by a nonconforming use. L. Subsection C regarding general operational requirements in commercial-residential transition areas. M. Subsection C regarding fences in front and street side yards in the Hillside Area. N. Subsection B regarding walls required along rear and side property lines separating residential and nonresidential sites. 0. Subsection K regarding protective devices in parking lots and other motor vehicle use areas. P. Subsection B16 regarding parking requirements for medical laboratories. 996

50 Q. Subsection A regarding walls requited along property lines abutting an alley separating residential and nonresidential uses. R. Section regarding over the air reception devices. S. Section regarding amateur radio station antenna facilities. T. Subsections N, K, and K regarding elevator encroachments into a side or rear setback in R-1 zones : REQUIRED FINDINGS: (Overnight Stay Permit) The reviewing authority, as defined in section of this article, may only grant a request for an overnight stay permit if each of the following findings can be made: A. The building housing the specialty clinic provides adequate on site parking that complies with all applicable parking requirements of this code, and such parking is provided at a rate of at least one space per three hundred fifty (350) square feet of area for all existing buildings. B. The on site parking provided is available free of charge for any employees using the specialty clinic between the hours of six o clock (6:00) P.M. and seven o clock (7:00) A.M. or such other parking arrangements as the reviewing authority determines are necessary to ensure that the overnight stay permit causes no impacts on adjacent streets. C. The proposed hours of operation for the specialty clinic applying for the overnight stay permit will not adversely impact adjacent uses or the general health, safety or public welfare. D. Granting the request for an overnight stay permit would not lead to an over concentration of such overnight stays in the subject building. E. Granting the request for an overnight stay permit would not result in adverse impacts to the pedestrian environment adjacent to or in the vicinity of the site for the proposed overnight stay permit. F. The building housing the specialty clinic provides adequate patient drop off/pick up locations that comply with all applicable parking requirements of this code, and granting the request for an overnight stay permit will not result in adverse impacts to traffic circulation on adjacent streets. G. If the building housing the specialty clinic is located adjacent to a residential zone, the building provides adequate on site parking that, in addition to all other requirements, is located such that overnight usage of said parking facilities will not adversely impact the adjacent residences. In making its determination regarding the parking facilities provided, the reviewing authority may consider such factors as increased light and glare impacts on adjacent residences, noise impacts, impacts which alter the character of the adjacent residential neighborhood, and any other factors the reviewing authority believes are relevant to protecting the health, safety and general welfare of adjacent residents. 997

51 : FINDINGS AND CONDITIONS OF APPROVAL: (Reasonable Accommodation) The reasonable accommodation shall be approved, with or without conditions, if the reviewing authority finds, based upon all of the evidence presented, that all of the following findings can be made: A. The dwelling that is the subject of the request for reasonable accommodation will be occupied by a disabled person; B. The requested accommodation is necessary to provide a disabled person with an equal opportunity to use and enjoy a dwelling; C. The requested accommodation will not impose an undue financial or administrative burden on the city, as defined in the fair housing laws; and D. The requested accommodation will not require a fundamental alteration to the city s zoning or building laws, policies, and/or procedures, as defined in the fair housing laws. In considering whether the accommodation would require such a fundamental alteration, the reviewing authority may consider, among other factors: 1. Whether the requested accommodation would fundamentally alter the character of the neighborhood; 2. Whether the requested accommodation would result in a substantial increase in traffic or insufficient parking; 3. Whether the requested accommodation would substantially undermine any express purpose of either the city s general plan or an applicable specific plan; and 4. Whether the requested accommodation would create an institutionalized environment due to the number of, and distance between, facilities that are similar in nature or operation : AUTHORIZED: (Variance) Variances from the provisions of this chapter with respect to particular property may be granted in the discretion of the granting authority provided: A. Because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the provisions of this chapter is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification; and B. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges in the vicinity and zone in which the subject property is situated. The granting of a variance shall not be construed as an amendment to this code and shall not 998

52 cause the maps which are a part of this chapter to be changed. (1962 Code ; amd. Ord , eff ) : AUTHORIZED: (CUP) Pursuant to an application and hearing procedure as provided in article 37 of this chapter for granting a variance, the planning commission may authorize conditional uses as specified in this code if the planning commission finds that the proposed location of any such use will not be detrimental to adjacent property or to the public welfare : CONVENIENCE STORE CONDITIONAL USE PERMIT: Where authorized in the zone, the city may permit convenience stores as a conditional use in the same manner that it would process an application for a conditional use permit pursuant to this article. The city may impose any conditions on a convenience store conditional use permit that are necessary to preserve the public health, safety, or welfare, or to mitigate any potential adverse impacts resulting from the establishment of a convenience store including impacts associated with congregation. The city shall not approve a conditional use permit for a convenience store unless it makes all of the following findings: A. The proposed use will contribute to and enhance the character of the neighborhood and location, and will promote harmonious development in the area, and will contribute positively to the branding and image of the city; B. The proposed use will have adequate buffering between the use and residential areas, schools, parks, and locations where children gather, and will not adversely interfere with the use and enjoyment of residential properties in the vicinity of the proposed development; C. The proposed use will not result in detrimental impacts to existing or anticipated residential or commerciat development in the vicinity of the project with regard to traffic levels, traffic safety, pedestrian-vehicle conflicts, pedestrian safety hazards, parking demand, parking design, and loading or manner of operation; D. The proposed use will not create excessive noise, unpleasant odors, noxious fumes, excessive lighting, increased lifter, or substantial interference with neighboring properties or uses due to the activities associated with the proposed use or its hours of operation; E. The proposed use will not create an overconcentration of convenience stores in the vicinity : DECISION OF THE PLANNING COMMISSION: (Amendments) If, from the facts presented at the public hearing, or by investigation by or at the instance of the planning commission, the planning commission finds that the public interest, health, safety, morals, peace, comfort, convenience, or general welfare requires the reclassification of the property involved or the reclassification of any portion of the property, the planning commission shall so recommend to 999

53 the council. The recommendation of the planning commission to the council shall be in writing and shall set forth fully the findings and determinations of the planning commission on the matter involved. A decision shall be rendered within a reasonable time, and a recommendation shall be filed with the council within seven (7) days after the decision is rendered by the planning commission. (1962 Code ; amd. Ord , eff ) : NONCONFORMING USES: B. Expansion Of Nonconforming Use: A nonconforming use shall not be expanded. However, a building occupied by a nonconforming use may be enlarged provided that the enlargement meets the then current development standards and the area of the enlargement is utilized solely by conforming uses. 1. Minor Accommodation: Pursuant to the provisions of article 36 of this chapter, a minor accommodation permit may be issued to allow an awning, canopy or sign to be added to a building located in a residential zone and occupied by a nonconforming use and to allow such awning, canopy or sign to encroach into a required yard if: a) the use is nonconforming solely because the use lacks a conditional use permit, b) the addition will not add floor area to the buildings, c) the sign does not exceed twelve (12) square feet in area unless the planning commission or the city council acts as the reviewing authority for the minor accommodation, and d) the reviewing authority determines that the awning, canopy or sign will not substantially and adversely affect the residential character of the surrounding neighborhood : REQUIRED FINDINGS: (Design Review Commission) The design review commission may approve, approve with conditions, or disapprove the issuance of a building permit in any matter subject to its jurisdiction after considering whether the proposed development complies with the following criteria: A. The proposed development s design exhibits an internally compatible design scheme; B. The proposed development s design appropriately minimizes the appearance of scale and mass and enhances the garden like quality of the city and appropriately maximizes the use of required open space within the proposed architectural style; C. The proposed development will enhance the appearance of the neighborhood; D. The proposed development is designed to balance the reasonable expectation of development for the owner with the reasonable expectation of privacy of neighbors; and E. The proposed development respects prevailing site design patterns, carefully analyzing the characteristics of the surrounding group of homes, and integrates appropriate features that will ensure harmony between old and new. If the criteria set forth in this section are met, the application shall be approved. When the 1000

54 proposed development does not comply with the criteria set forth in this section, the reviewing authority may impose such conditions as it deems necessary to bring the proposed development into conformity with the provisions of this article. (Ord , eff ) : MINOR ACCOMMODATION REQUIRED: (Radio and Television Antennas and Wireless Telecommunications Antenna Facilities) A. Minor Accommodation Required: Under any of the following circumstances, an application for a minor accommodation must be submiffed in accordance with article 36 of this chapter and, if the application is approved, a building permit must be obtained: 1. The proposed satellite earth station antenna will exceed the applicable height limitation(s). 2. The diameter or diagonal measurement of the proposed satellite earth station antenna will exceed the maximum limitation specified in subsection A of this article, as it applies to antennas in land use zones other than commercial and industrial, or it will exceed the maximum limitation specified in subsection A of this article, as it applies to antennas in commercial or industrial land use zones. 3. The proposed satellite earth station antenna will not comply with the applicable setback requirement set forth in subsection C2 or Dl of this article. 4. The proposed satellite earth station antenna will not comply with the locational requirement set forth in subsection C3 of this article. B. Review Criteria: In considering an application for a minor accommodation relating to the siting of a satellite earth station antenna, the reviewing authority will consider the following factors, as may be applicable: 1. Whether the requested variation is necessary to enable the applicant to receive signals of an acceptable quality. 2. Whether the satellite earth station antenna will have a substantial adverse impact on the scale and massing of the streetscape. 3. Whether the satellite earth station antenna will have a substantial adverse impact on an adjacent property owner s access to light and air or on the adjacent property owner s privacy. 4. Whether the satellite earth station antenna will have a substantial adverse impact on the garden quality of the city. 1001

55 : REVIEW REQUIRED: (Radio and Television Antennas and Wireless Telecommunications Antenna Facilities) C. Review Criteria: In addition to consideration of the criteria for architectural review and a conditional use permit in articles 30 and 38, respectively, of this chapter the reviewing authority must consider the following factors in determining whether to issue a permit or other entitlement for a wireless antenna facility: 1. Height of the proposed facility. 2. The nature and proximity of existing uses on adjacent properties. 3. Surrounding topography. 4. Surrounding tree coverage and foliage. 5. Design of the proposed facility, with particular reference to design features that have the effect of reducing or eliminating visual obtrusiveness, such as a camouflaged facility, a facility screened by natural or artificial vegetation, or a facility located or colocated on an existing building or an existing support structure. 6. Proposed ingress and egress. 7. Availability of suitable existing buildings or support structures, as set forth in section of this part : MINOR ACCOMMODATION REQUIRED: A. Minor Accommodation Required: The proposed installation of an amateur radio station antenna, whether ground mounted or building mounted, in any land use zone, which antenna will extend more than fifteen feet (15 ) above the highest point of the roofline of a building or structure on the proposed site, must be preceded by an application for a minor accommodation in accordance with article 36 of this chapter, and, if the application is approved, a building permit must be obtained. B. Application Requirements: In addition to the requirements set forth in article 36 of this chapter, the application for a minor accommodation must include the following: 1. Construction drawings that show the proposed method of installation and the manufacturer s specifications. 2. A plot plan showing the proposed location and dimensions of the amateur radio station antenna. 3. Engineering data evidencing that the amateur radio station antenna will be in compliance with all structural requirements of the building code. 1002

56 4. Copies of all licenses issued to the applicant by the FCC to engage in amateur radio service operations and to use the site as an amateur radio station. C. Review Criteria: In considering the application for a minor accommodation for a proposed amateur radio station antenna, the reviewing authority must consider the following factors: 1. Whether the proposed height of the amateur radio station antenna is the minimum height that is technically required to enable the applicant to engage in amateur radio service operations of the nature contemplated. 2. Proximity of the proposed amateur radio station antenna to inhabited buildings and structures. 3. The nature of existing uses on adjacent and nearby properties. 4. Surrounding topography, tree coverage, and foliage, and their effect on the proposed height of the amateur radio station antenna. 5. Design of the proposed amateur radio station antenna, with particular reference to design features that provide for retraction of the antenna when not in use and design features that may reduce or eliminate visual obtrusiveness, particularly in residential zones. D. Guidelines For Denial Or Conditioning Application: In making any determination during the minor accommodation approval process to deny or to condition the application for an amateur radio station antenna, the reviewing authority must adhere to the following guidelines: 1. The imposition of conditions or restrictions relating to the placement, screening, or height of a proposed amateur radio station antenna, which conditions or restrictions are based upon protection of the public health, welfare, and safety, aesthetic considerations, or the preservation of property values, must be considered on a case by case basis, taking into account the unique features of the proposed site, the factors specified in subsection C of this section, and the reasonable accommodation required under subsection D2 of this section. 2. The minor accommodation approval process must be conducted so as to: a) reasonably accommodate the paramount federal interest in promoting amateur radio communications as voluntary, noncommercial communications services, particularly with respect to emergency communications; and b) impose the minimum practical restrictions, limitations, and conditions in order to achieve the city s legitimate regulatory objectives. (Ord , eff ) 1003