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: February 28, NORTH OAKHURST DRIVE Minor Accommodation (PLI ) Request for a Minor Accommodation for a new approximately 23-6 tall, 1,189 square foot two-story accessory structure with an attached 400 square foot garage located within the required rear setback of the subject property. Pursuant to the provisions set forth in the California Environmental Quality Act (CEQA), the Planning Commission will also consider finding the project exempt from further review under CEQA. Continued from the January 10, 2019 Planning Commission Meeting 715 Oakhurst Investors, LLC. Representatives: Parisa Nejad, Crest Real Estate Recommendation: That the Planning Commission: 1. Conduct a continued public hearing and receive testimony on the project; and 2. Adopt a resolution conditionally approving the Minor Accommodation. REPORT SUMMARY This project was originally reviewed by the Planning Commission on January 10, Based on Planning Commission direction, the applicant has modified the proposed accessory structure to address concerns raised by both the Commission and neighboring residents at the January 10, 2019 hearing. On the second story, the building massing and floor plan have been modified in order to partially block views towards the south from the proposed accessory structure s second story living. Additionally the overall floor, structure height, and building footprint of the proposed accessory structure have been reduced. The revised project consists of a new, twostory (23-6 tall) accessory structure containing 1,189 square feet of floor, an attached 400 square-foot garage, and a 323 square-foot covered porch on the east side of the proposed structure facing the main residence on the property. The staff report presented to the Commission on January 10, 2019 is attached to this report (Attachment A) for reference. This report provides analysis and discussion of the applicant s modifications to the project subsequent to the Commission s discussion on January 10, Attachment(s): A. January 10, 2019 Staff Report B. Relevant code Sections c. Draft Resolution D. R-1 Design Review- Track 1 Approval E. Revised Project Plans, dated February 20, 2019 F. Original Project Plans, October 18, 2018 Report Author and contact Information: Christine Delostrinos, Associate Planner (310) cdelostrinos@beverlyhills.org 11

2 ierly (9 Planning Commission Report 715 North Oakhurst Drive February 28, 2019 Page 2 of 10 PROJECT DESCRIPTION The original request, reviewed by the Planning Commission on January 10, 2019, was for the construction of a new, two-story, 26-6 tall accessory structure with a floor of 1,382 square feet plus a 400 square foot two-car garage and an attached covered patio on the east elevation covering an of approximately 385 square feet. The originally proposed accessory structure would have provided a rear yard setback of 2 -O, north side yard setback of 10-3, south side yard setback of 18 -lo, and front yard setback of 216 -O. At the January 10, 2019 hearing, the property owner of the home located directly to the south (713 Oakhurst Drive) of the project site expressed concerns regarding the massing of the accessory structure and views from the secondstory windows located on the east elevation of the accessory structure affecting the privacy of outdoor living s located on their property. The Planning Commission continued the item to a date certain and directed the applicant to address the privacy concerns raised by the neighbor of the home located to the south of the project site. The applicant has made the following modifications to the floor, height, massing, and setbacks in order to address the identified privacy concerns. The table below provides a summary of the differences between the originally proposed plans (Attachment F) with the revised version of the plans dated February 20, 2019 (Attachment E): First Floor Second Floor SUMMARY OF PROJECT MODIFICATIONS SF 678.4SF Revised Measurement Plans Dated Unit Difference 623.7SF -80SF 11% SF -113SF -16% Garage 400 SF 400SF 0 SF N/C Open Patio 365SF 323SF -42SF -11% Total Floor Area 1,382 SF 1,188.6SF -193SF -14% Height O 11 % Length First-Story 56 -O 52-5 Second-Story 39 -l O Setbacks Original Plans Dated Front (East) 216 -O 216 -l +1 Side (North) 1O -3 1O -3 N/C Side (South) Q Rear (West) 2 -O Table I Revision Summary Percentage Difference 12

3 Planning Commission Report 715 North Oakhurst Drive February 28, 2019 Page 3 of 10 The proposed accessory structure has been reduced in height. The original proposal was a maximum height of 26-5 whereas the revised proposal is a maximum height of The total floor of the proposed accessory structure has been reduced by approximately 14%. The firststory floor has been reduced by approximately 80 square feet, from square feet to square feet. The second-story floor has been reduced by approximately square feet, from square feet to square feet. As a result of redesigning the shape and massing of the accessory structure, the floor of the second-story and the first-story has been reduced. The revised accessory structure is now proposed to be 52-5 in length, which is a 4 -O reduction in building length when compared to the original proposal. The first floor of the proposed accessory structure is 60% of the length of the rear property line whereas the original proposal measured 66% of the length of the rear property line. The revised second-story is proposed to be 27-8 in length, which is a 12 -O reduction in building length when compared to the original second-story proposal. Therefore, the second-story is approximately 32% of the length of the rear property line. The second floor originally measured 39 -lo, which was approximately 48% of length of the rear property line. The south portion of the revised second-story is proposed to have a nook that projects approximately 8 -O east from the originally proposed second-story building wall line. The nook is proposed to have a clerestory window fitted with translucent glass on the east elevation. The proposed location of a casement window on the south elevation matches the original proposal, viewing from the proposed staircase. This casement window on the south elevation is proposed to be fitted with translucent glass and located adjacent to an interior staircase located at the southern end of the proposed structure. The revised second-story floor plan indicates that the originally proposed living is removed. The revised second floor is now proposed to include one bedroom, a closet, a bathroom, and the added nook. The revised first story will be slightly reduced in floor but will retain the same room configuration as originally proposed. The proposed first floor will include a bar sink, living, laundry room and bathroom. The requested patio attached to the east side of the structure is proposed to be reduced by 11 % in with a revised covered of square feet. The revised accessory structure proposes a 400 square foot attached two-car garage, which matches the size of the originally proposed garage. With the reduction of floor and height, the setbacks of the accessory structure has been modified at the south property line. The accessory structure is now set back from the south property line by 22-9 whereas the prior proposal was set back 18 -lo. The south side yard setback has increased approximately 4 -O. Additionally, the proposed structure is now set back 6 inches further from the rear property line. The original proposal stated that the existing magnolia tree located closest to the south side yard property line is to be removed. As illustrated in Figure 2 the applicant is now proposing to maintain the tree to increase privacy for both the project site and the property located on the south. 13

4 IL2 Planning Commission Report 715 North Oakhurst Drive February 28, 2019 Page 4 of 10 Required Entitlements. As proposed, the project requires the following entitlements: Minor Accommodation Pursuant to Beverly Hills Municipal Code Section , an accessory structure may exceed 14 -O in height when located within a required rear setback with issuance of a Minor Accommodation. GENERAL PLAN1 POLICIES The General Plan includes numerous goals and policies intended to help guide development in the City. Some policies relevant to the Planning Commission s review of the project include: Policy LU 2.1 City Places: Neighborhoods, Districts, and Corridors. Maintain and enhance the character, distribution, built form, scale, and aesthetic qualities of the City s distinctive residential neighborhoods, business districts, corridors, and open spaces. Policy LU 5.1 Neighborhood Conservation. Maintain the uses, densities, character, amenities, character, and quality of the City s residential neighborhoods, recognizing their contribution to the City s, identity, economic value and quality of life. Policy LU 6.1 Neighborhood Identity. Maintain the characteristics that distinguish the City s single-family neighborhoods from one another in such terms as topography, lot size, housing scale and form, and public streetscapes. Policy LU 6.2 Housing Character and Design. Require that new, renovated and additions to housing be located and designed to maintain the distinguishing characteristics and qualities of the neighborhoods in which they are located, including prevailing lot sizes, building form, scale, massing, relationship to street frontages, architectural design, landscaping, property setbacks, and other comparable elements. Policy LU 6.3 Housing Scale and Mass. Regulate renovations of and additions to singlefamily housing to ensure that they do not adversely after the contextual scale, mass and design qualities of existing structure. ENVIRONMENTAL ASSESSMENT The subject project has been in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The project appears eligible for a categorical exemption pursuant to Section (Class 3) of the Guidelines. Specifically, the proposed project involves construction of an accessory structure on a single-family residential property. Accordingly, staff recommends that the Planning Commission find the project exempt from further review under the provisions of CEQA. assessed Available online at 14

5 PUBLIC OUTREACH AND NOTIFICATION Page 5 of 10 Type of Notice Required Actual Required Date Actual Date February 28, 2019 Y 15 Figure 1 Rendering of Eastward View from the Proposed Second Bedroom writing of this The Planning Commission continued the item to a date received on this project. public notification is required. As of the report, no written comments have been certain, February 28, Therefore no Public Comment radius + block-face) Mailed Notice (1, Days 20 Days 2/8/ /21/2018 Newspaper Notice N/A N/A N/A N/A Agenda Posting 72 Hours 7 Days 2/25/2019 2/21/2019 Period Period Property Posting 20 Days 20 days N/A N/A Website 72 Hours 7 Days 2/25/2019 2/21/ North Oakhurst Drive Planning Commission Report

6 Planning Commission Report 715 North Oakhurst Drive February 28, 2019 Page 6 of 10 Figure 2 Line of Sight Site Plan ANALYSIS In reviewing the requested entitlement, the Commission may wish to consider information as it relates to the revisions of the project and required findings. the following Design of Proposed Guest House. The proposed guest house is designed to be consistent in character with the proposed Georgian! Federal Revival Style. The following aspects of the design of the accessory structure are analyzed in detail: 16

7 ERLY Planning Commission Report 715 North Oakhurst Drive February 28, 2019 Page 7 of 10 Height: The proposed two-story accessory structure would be a maximum height of approximately The revised accessory structure has been reduced in height by approximately 3-0 as the previous proposal was at a maximum height of The height of the proposed accessory structure still exceeds the 14 -O by-right maximum allowable height for an accessory structure located within a rear setback by approximately 9-6. With a Minor Accommodation, an accessory structure could potentially be approved up to the maximum allowable height of the principal building, in this case 34 -O. The proposed accessory structure would be 1O -6 lower than the maximum allowable height through a Minor Accommodation request. Of the 25 properties located on the alley segment between Elevado Avenue and Cinthia Street, there are 12 properties with accessory structures, one of which is a two-story accessory structure located at 701 North Oakhurst Drive. Windows: At the January 10, 2019 hearing, both the Commission and the owner of the property located on the south of the project site (713 North Oakhurst Drive) expressed concerns that proposed second story windows on the east elevation of the proposed project would provide views into private outdoor living s located in the rear yard of 713 North Oakhurst Drive. In response to these comments the applicant has revised the secondstory floor plan and building massing to mitigate direct views from the proposed secondstory windows into the rear yard of the neighboring property. The revised floor plan includes a bedroom, a closet, a bathroom, and a nook. The proposed nook is a new building feature that will project approximately 8 -O east from the originally proposed second-story building wall line. A translucent clerestory window is proposed on the east elevation of the nook. The projecting nook feature is intended to create a barrier between the east facing second story bedroom windows and the property to the south (713 North Oakhurst Drive). A rendering of the proposed view from the second story windows is illustrated in Figure 1 on the previous page. The line of sight study as shown in Figure 2 illustrates the view corridor from the second-story window and its relation to the proposed nook. Both renderings indicate that the nook would reduce direct views to the south from the second story bedroom. The revised plan maintains an inoperable and translucent window on the south elevation that is located above a proposed interior stair case. The proposed second-story windows on the west elevation and north elevation remain translucent awning style windows in the revised proposal. In addition, any indirect views from the south facing windows would be obscured by the proposed foliage included in the landscape plan (see Sheet L 4.0 of Attachment E). There is also existing landscaping located on neighboring properties that could help to reduce privacy impacts that the second story windows may create. Building Massing: The revised accessory structure is approximately 52-5 in length along the rear property line and has increased the rear setback by 6 inches, which provides a 2-6 setback from the rear property line. The length of the proposed structure occupies approximately 60% of the length of the 86 -O rear property line whereas the second-story occupies 17

8 çerly Planning Commission Report 715 North Oakhurst Drive February 28, 2019 Page 8 of 10 approximately 32% of the lot width, which does not exceed 50% of the lot width. The first story, including the two-car garage, is 1.8 times larger than the second-story, allowing for modulation and the reduction of the appearance of the mass of the building as viewed from all sides. Additionally, the revision of the second-story floor plan includes a nook on the south portion of the accessory structure projecting approximately 8 feet in comparison to the remainder of the second-story. The intention of the nook is to create a barrier from the windows on the east elevation to the south property located at 713 Oakhurst Drive as seen in Figure 1 and Figure 2. The original proposal of the two-story accessory structure was rectangular in shape and occupied a significant portion of the tear property, whereas the revised proposal has been modified to allow for more modulation and articulation on the second-story, as well as a smaller overall footprint. The reconfiguration of the second-story reduces the length as viewed from the alley located to the west of the accessory structure. Although the width of the south elevation of the second story has increased from 21 -O to 27-2 with the projecting nook, there will be fewer viewing s from the second story. Therefore, the redesign of the accessory structure s massing appears to minimize visual impacts while simultaneously limiting viewing points of surrounding properties. Noise Impacts of Second-Story Living Space: The accessory structure will have inoperable or awning-style windows with a maximum 25 degree opening along the west, north, and south elevations. The windows are expected to mitigate potential noise from the second-story living that are directly adjacent to the alley and the nearest residential properties. Additionally, the windows on the elevation on the second-story will be facing the interior of the lot. The accessory structure is 22-9 from the south property line, about 5 feet more than the previous proposal of The design of the building with limited openings facing adjacent properties and the substantial setbacks reduces the potential for the upper level living space to generate noise impacts. spaces Visibility of Structure. The permitted primary residence, currently under construction, will be a maximum height of 32 -Z, whereas the revised accessory structure is proposed to be a maximum height of 23-6, which is a 3 -O reduction in height in comparison to the original proposal. The proposed accessory structure would be located approximately 216 -O from the front property line. Therefore, the proposed accessory structure would not be visible from Oakhurst Drive due to the height and size of the proposed main residence and the distance from the street. The structure would likely be visible from the alley to the west, and immediately adjacent properties to the north and south. The landscaping proposed at the alley elevation would screen the lower portion of the accessory structure s rear elevation when viewed from the west. Due to the BHMC limit on the maximum allowable height for a hedge located in the rear yard, only the lower 8 -O of the 23-6 tall structure would be fully screened by landscaping when viewed from the alley; however, two trees are proposed and the two trees are permitted to exceed the hedge height limit and thus would provide additional screening along the alley elevation. The submitted landscape plan proposes landscaping along the north, south, and west sides of the property with six 24 -box podocarpus gracilior plants, two 60 -box platanus racemose plants, and box ficus nitida plants. This would provide moderate screening of the accessory structure Proposed east 18

9 Planning Commission Report 715 North Oakhurst Drive February 28, 2019 Page 9 of JO at the time of planting, thereby reducing visibility of the structure from the rear yard and pool s at 713 North Oakhurst Drive (to the south), 712 Sierra Drive (to the west) and 719 North Oakhurst Drive (to the north). Proximity to Neighboring Residences. The 20 -O width of the alley combined with the minimum 2-6 setback of the guest house results in more than 22 -O in distance to the nearest usable outdoor s on the properties immediately west of the alley (712 Sierra Drive, which abuts the alley adjacent to the subject property). This property maintains mature landscaping adjacent to the alley, which provides additional screening from the subject property. The proposed site plan provides an approximately north side yard setback and an approximately 22 -g south side yard setback from the adjacent neighboring properties. Based on proposed setbacks and existing conditions, there would be approximately 53 -O of separation to the accessory structure to the south, and approximately 55-0 of separation between the proposed guest house and the accessory structure on the adjacent property to the north. As proposed, the design of the structure and its setbacks appear to provide sufficient separation from neighboring properties and structures. Landscaping. New landscaping is proposed throughout the subject property. The applicant proposes to incorporate landscaping along the north side yard, west rear yard, and south side yard to visually screen the accessory structure. The landscaping includes dense plantings of ficus nitida plants with a minimum 24 -box size along the property lines with nine new trees, including podocarpus gracilior and platanus racmose with a minimum size ranging from boxes. Collectively, the landscaping is anticipated to maintain or enhance the garden quality of the City and further limit views of the accessory structure. Parking. As proposed, the site provides a total of nine parking spaces to meet and exceed parking requirements. Seven parking spaces are required by the Beverly Hills Municipal Code (BHMC) for the nine bedrooms in the main house; two parking spaces, although not required, would be provided for the bedrooms in the proposed accessory structure. The BHMC requires the project to meet parking requirements by providing parking spaces in s not located in the front setback. Two spaces are located within the attached two-car garage of the proposed accessory structure and seven spaces are located on the at-grade driveway along the north property line of the site. The number and configuration of identified parking spaces provided complies with BHMC requirements. Summary of Project Benefits and Concerns. The applicant has made significant changes to the modulation of the second-story, overall floor, floor plan, height, and south property line side yard setback. Based on the analysis provided above, a summary of the Project s potential benefits and potential concerns is provided in the table below for the Planning Commission s consideration. 19

10 çierly Planning Commission Report 715 North Oakhurst Drive February 28, 2019 Page 10 of 10 Potential Benefits Potential Concerns Structure would not be visible from North Oakhurst Drive and landscape screening is provided on north, west and south elevations. Windows on the rear west elevation and side north elevation will be translucent and only open at a 25 degree angle. Structure complies with side setback requirements for the primary residence and would provide adequate separation from the nearest neighboring residential structure. Requested 23-6 tall building is below the 34 -O maximum height that could be requested. Efforts have been made to modulate the building and reduce the massing of the structure. Majority of accessory structures in the immediate vicinity (13 properties) are one-story. Approval of the proposed Project would result in 11 bedrooms on the site. This number of bedrooms is a greater number of bedrooms than is typically found on neighboring parcels in this established neighborhood. The total footprint of the accessory structure occupies more than 50% of the lot width. NEXT STEPS It is recommended that the Planning Commission conduct the public hearing and adopt the attached resolution conditionally approving a Minor Accommodation to allow construction of a two-story accessory structure that exceeds 14 -O in height within the required rear yard setback. Alternatively, the Planning Commission may consider the following actions: 1. Deny the project, or portions of the project, based on specific findings. 2. Direct staff or applicant as appropriate and continue the hearing to a date (un)certain, consistent with permit processing timelines. Report Reviewed By: /, p,ohlich, AICP, Assistant Director I City Planner 20

11 Planning Commission Staff Report 715 Oakhurst Drive February 28, 2019 ATTACHMENT A January 10, 2019 Staff Report 21

12 BEVRLRLY 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: January 10, NORTH OAKHURST DRIVE Minor Accommodation (PLI ) Request for a Minor Accommodation for a new approximately 26 foot tall, 1,382 square foot two-story accessory structure with an attached 400 square foot garage located within the required rear setback of the subject property. Pursuant to the provisions set forth in the California Environmental Quality Act (CEQA), the Planning Commission will also consider finding the project exempt from further review under CEQA. 715 Oakhurst Investors, LLC. Representatives: Parisa Nejad, Crest Real Estate Recommendation: That the Planning Commission: 1. Conduct a public hearing and receive testimony on the project; and 2. Adopt a resolution conditionally approving the Minor Accommodation. REPORT SUMMARY The proposed project consists of a new, two-story (26-6 tall) accessory structure containing 1,382 square feet of floor (1,782 square feet in total when including an attached, 400 square foot garage) located in the rear setback of an existing single-family residence. An additional element of the accessory structure that does not count against the maximum allowed floor is an unenclosed, 365 square foot covered porch that is attached to the east side of the proposed structure, facing the main residence on the property. The accessory structure does not encroach into either of the required side setbacks for the main residence. Discretionary review for a Minor Accommodation is required to allow the accessory structure to exceed the 14 -O height limit required in the rear yard setback. The Director of Community Development generally serves as the reviewing authority for a Minor Accommodation; however, if in the opinion of the Director, an application warrants review by the Planning Commission the Director may refer a Minor Accommodation to the Planning Commission for review. Based on the overall width of the proposed structure, cumulative developement on the site, and previous concerns that have been raised by both the public and members of the Commission about the compatibility of larger accessory structures, the Director has determined the project warrants review by the Planning Commission. This report provides a description of the Project and provides analysis on key issues relating to the findings for the requested entitlement. Specifically, this report highlights considerations regarding the design of the proposed structure, Attachment(s): A. Relevant Code Sections 5. Public Notice C. Draft Resolution D. R-1 Design Review- Track 1 Approval E. Plans Report Author and Contact Information: Christine Delostrinos, Associate Planner (310) cdelostrinosbeverlyhilis.org

13 Planning Commission Report 715 North Oakhurst Drive January 10, 2019 Page 2 of 11 proximity to other properties, and landscaping proposed for the subject property. analysis, the recommendation in this report is for project approval. Based on the BACKGROUND File Date Application Complete Subdivision Deadline CEQA Deadline CEQA Determination Permit Streamlining Applicant(s) Owner(s) Representative(s) Registered Legislative Advocate Prior PC Action Prior Council Action CHC Review 06/05/ /16/2018 N/A 60 days from CEQA Determination Class 3 Categorical Exemption Take action on project within 60 days of CEQA determination Parisa Nejad, Crest Estates Royal Excel Enterprises Pansa Nejad, Crest Estates Parisa Nejad, Crest Estates None None None PROPERTY AND NEIGHBORHOOD SETTING Property Information Address Assessor s Parcel No. Zoning District General Plan Existing Land Use(s) Lot Dimensions & Area Year Built Historic Resource Protected Trees/Grove 715 North Oakhurst Drive R-1.X Single-Family Residential (Medium Density) Single-Family Residential (Medium Density) Approximately 249 x 89 (22,181 square feet in ) N/A N/A N/A Adjacent ZoninQ and Land Uses North East South West Circulation and Parking Adjacent Street(s) Traffic Volume Adjacent Alleys Parkways & Sidewalks R-1.X Single Family Residential R-1.X Single Family Residential R-1.X Single Family Residential R-1.X Single Family Residential North Oakhurst Drive to the east, and Sierra Drive to the west, Elevado Avenue to the south, and Cinthia Street to the north Not available for Oakhurst Drive 20 -O alley to the rear of property Oakhurst Drive: parkway widths on each side

14 Planning Commission Report 715 North Oakhurst Drive January 10, 2019 Page 3 of 11 NEIGHBORHOOD CHARACTER The subject property is located on the east side of the 700 block of North Oakhurst Drive, North of Santa Monica Boulevard and south of Sunset Boulevard in the Central Area of the City. The property is surrounded by single-family residential properties characterized by one- and twostory homes along both sides of the block. Adjacent properties are developed with accessory structures that are typically one story in height, with six other accessory structures located in close proximity to the project site that are one-story in height (these are located at the following properties 719 Oakhurst Drive, 713 Oakhurst Drive, 710 Sierra Drive, 712 Sierra Drive, 714 Sierra Drive and 706 Sierra Drive). Figure 2 below illustrates the neighboring properties maintaining accessory structures. At least one, two-story accessory structure appears to exist at the south end of the block

15 282 Page4of Planning Commjso,1 Report January io, North Oakhurst Drive 25

16 Planning Commission Report 715 North Oakhurst Drive January 10, 2019 Page 5 of 11 PROJECT DESCRIPTION A one-story, single family residence with a pool currently exists on the subject property. On December 20, 2017 an R-1 Design Review Permit was approved to allow the construction of a new, two-story Georgian! Federal Revival Style single-family residence (Attachment D) in place of the existing one-story house. The primary residence is proposed to be a total of 8,870 square feet above ground, plus a 4,117 square foot basement. Additionally, the primary residence has a total of nine bedrooms, nine bathrooms, and a basement with a recreation room, gym, media room, steam room, wine cellar, and mini bar. The maximum ridge height of the primary residence is 32-7, which will maintain the following setbacks: 10-2 north side yard setback; O west rear yard setback, I 0-2 south side yard setback and 50 -O front yard setback. The primary residence requires seven parking spaces, which ate provided by tandem parking on the driveway along the north property line. Two additional parking spaces are proposed within the garage attached to the accessory structure. On May 29, 2018 a demolition permit request was made for the demolition of the existing single-family residence. Additionally, on October 19, 2018 a request for demolition and grading permit was made to remove and backfill the existing pool on the subject property. The Minor Accommodation request is for the construction of a new, two-story accessory structure at the rear of the primary residence. The accessory structure is proposed to have a maximum floor of 1,382 square feet plus a 400 square foot two-car garage and an attached covered patio on the east elevation covering an of approximately 385 square feet. The accessory structure would provide a rear yard setback of 2 -O, north side yard setback of

17 Planning Commission Report 715 North Oakhurst Drive January 10, 2019 Page 6 of 11 I 0-3, south side yard setback of I 8 -l 0, and front yard setback of O. The accessory structure will be a maximum height of The first story of the accessory structure will include a two-car garage, one full bathroom, laundry room, bar, and recreation room. The first story will also include access to the covered patio on the south elevation though a series of French doors. The second story will maintain a living room, bedroom, full bathroom, and a closet. The accessory structure is proposed to be architecturally consistent with the Georgian! Federal Revival Style architecture of the primary residence, maintaining a hip roof style with slate roof tile. Hardiplank will be use along the north, south, east, and west elevations. The first-story elevation will include brick siding facing the east elevation, south elevation, and partially on the north elevation. Architectural elements include wood shutters on the east elevation, wood panel columns on the east elevation, wood fascia corner trims, wood fascia window trims, and a wood paneled garage door on the east and west elevation. Required Entitlements. As proposed, the project requires the following entitlements: Minor Accommodation Pursuant to Beverly Hills Municipal Code Section , an accessory structure may exceed 14 -O in height when located within a required rear setback with issuance of a Minor Accommodation. GENERAL PLAN1 POLICIES The General Plan includes numerous goals and policies intended to help guide development in the City. Some policies relevant to the Planning Commission s review of the project include: Policy LU 2.1 City Places: Neighborhoods, Districts, and Corridors. Maintain and enhance the character, distribution, built form, scale, and aesthetic qualities of the City s distinctive residential neighborhoods, business districts, corridors, and open spaces. Policy LU 5.1 Neighborhood Conservation. Maintain the uses, densities, character, amenities, character, and quality of the City s residential neighborhoods, recognizing their contribution to the City s, identity, economic value and quality of life. Policy LU 6.1 Neighborhood Identity. Maintain the characteristics that distinguish the City s single-family neighborhoods from one another in such terms as topography, lot size, housing scale and form, and public streetscapes. Policy LU 6.2 Housing Character and Design. Require that new, renovated and additions to housing be located and designed to maintain the distinguishing characteristics and qualities of the neighborhoods in which they are located, including prevailing lot sizes, building form, scale, massing, relationship to street frontages, architectural design, landscaping, property setbacks, and other comparable elements. Available online at htt,xllwww.beverlvhills.ora/businesslconstructionlanduse/aeneralplan/

18 Planning Commission Report 715 North Oakhurst Drive January 10, 2019 Page 7 of If Policy LU 6.3 Housing Scale and Mass. Regulate renovations of and additions to singlefamily housing to ensure that they do not adversely after the contextual scale, mass and design qualities of existing structure. ENVIRONMENTAL ASSESSMENT The subject project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The project appears eligible for a categorical exemption pursuant to Section (Class 3) of the Guidelines. Specifically, the proposed project involves construction of an accessory structure on a single-family residential property. Accordingly, staff recommends that the Planning Commission find the project exempt from further review under the provisions of CEQA. PUBLIC OUTREACH AND NOTIFICATION Type of Notice Required Actual Required Notice Actual Notice Period Period Date Date Newspaper Notice N/A N/A N/A N/A Mailed Notice (1, Days 20 Days 12/21/ /21/2018 radius + block-face) Property Posting 20 Days 20 days 12121/ /21/2018 Agenda Posting 72 Hours 7 Days 1/7/2019 1/3/2019 Website 72 Hours 7 Days 1/7/2019 1/3/2019 Public Comment As of the writing of this report, no written comments have been received on this project. ANALYSIS In reviewing the requested entitlement, the Commission may wish to consider the following information as it relates to the project and requited findings. Design of Proposed Guest House. The proposed guest house is designed to be consistent in character with the proposed Geotgian/ Federal Revival Style. The following aspects of the design of the accessory structure are analyzed in detail: Height: The total height of the proposed two-story structure would be a maximum of approximately The height of the proposed accessory structure would exceed the 14 -O by-right maximum allowable height for an accessory structure located within a tear setback by approximately With a Minor Accommodation, an accessory stwcture could potentially be approved up to the maximum allowable height in the principal building, which in this case would be 34 -O. Thus, as proposed, the accessory structure would be 7-6 lower than the maximum allowable height that could be permitted through a Minor Accommodation request. In general, the majority of the properties abutting the alley between Oakhurst Drive and Sierra Drive are developed with one-story accessory structures. Of the 25 properties located on the alley segment

19 accessory structures. The proposed accessory structure would be substantially taller between Elevado Avenue and Cinthia Street, there are 13 properties with one-story Page 8 of 11 January 10, second-story living spaces that are directly adjacent to the alley and the nearest inoperable or awning-style windows with a maximum 25 degree opening along the west and north elevations. The windows are expected to mitigate potential noise from the substantial noise impacts and provides a setback of approximately 18 -O to the staircase; however, this portion of the guest house would be unlikely to generate residential property. Facing the south, there is a window located in the second-story Noise lmacts of Second-Story Living Space: The accessory structure will have Building Massing: The proposed accessory structure is approximately 57 -O in length limited to 39 -l 0 in length, which represents slightly less than 50% of the lot width. In building mass. appears evident that efforts have been made to reduce the overall appearance of structure meets or exceeds the approximately I 0-2 required side setbacks for the structure being somewhat large and occupying a significant portion of the lot width, it along the rear property line and complies with side setback requirements for the primary story is 678 square feet, whereas the first story is 1,103 square feet. Despite the residence on both the north and south sides. Accessory structures not exceeding 14 -O the length of the 86 -O rear property line; however, the second story of the structure is reduce the perception of the mass of the building as viewed from all sides. The second primary residence. The length of the proposed structure occupies approximately 66% of addition, the proposed guest house includes modulation and design features intended to in height may be built as close as 4 -O to side property lines, whereas the proposed s of the property to the west (712 Sierra Drive) and the property to the north (719 structure. Therefore, the proposed window is not translucent or proposed to have a a condition of approval that requires the second story window facing the north and west residences as it faces the interior of the property, therefore viewing the primary the adjacent neighbor. The windows on these elevations located on the second story are proposed to be awning-style windows with a maximum 25 degree opening and and will not have direct views from a living such as a bedroom in the accessory properties to be translucent and either inoperable or awning-style with a maximum opening of 25 degrees. Any indirect views from the south facing windows would be further obscured by the proposed foliage included in the landscape plan. The rear yard outdoor space, such as a pool. Existing landscaping from the neighboring residences translucent glazing. The east elevation will provide no direct views of the neighboring residence. The south elevation of the proposed accessory structure will maintain a Oakhurst Drive), and the property to the south (713 Oakhurst Drive) include private and proposed landscaping on the subject property is expected to further alleviate privacy impacts the windows may create. Windows: The west and north elevations are the two elevations closest to the alley and window on the second story. The window will be viewed from the proposed stair case maximum 25 degree opening, Included in the attached draft resolution (Attachment C) is exceed 14 -O in height. than the existing single-story accessory structures, as these structures do not appear to 715 North Oakhurst Drive Planning Commission Report

20 Planning Commission Report 715 North Oakhurst Drive January 10, 2019 Page 9 of 11 neighboring property on the south. The design of the building with limited openings facing adjacent properties and substantial setbacks reduces the potential for the upper level living space to generate substantial noise impacts. Visibility of Proposed Structure. The primary residence is proposed to be a maximum height of 32-7, whereas the accessory structure is proposed to be a maximum height of The proposed accessory structure would be located approximately O from the front property line. Therefore, the proposed accessory structure would not be visible from Oakhurst Drive due to the height and size of the proposed main residence and the distance from the street. The structure would likely be visible from the alley to the west, and immediately adjacent properties to the north and south. The landscaping proposed at the alley elevation would cover the lower portion of the rear elevation of the structure with vegetation. Due to the maximum height of hedge material allowed in the rear yard, only the lower 8 -O of the 26-6 tall structure would be fully screened by landscaping from the alley; however, two trees are proposed that would grow taller in height and help to provide additional screening. The submitted landscape plan proposes landscaping along the north, south and west sides of the property with podocarpus gracilior and ficus nitida columns. This would provide moderate screening of the accessory structure at the time of planting, thereby reducing visibility of the structure from the rear yard and pool s at 713 Oakhurst Drive (to the south), 712 Sierra Drive (to the west) and 719 Oakhurst Drive (to the north). Proximity to Neighboring Residences. The 20 -O width of the alley combined with the minimum 2-0 setback of the guest house results in more than 22 -O in distance to the nearest usable outdoor s on the properties immediately west of the alley (712 Sierra Drive, which abuts the alley adjacent to the subject property). This property maintains mature landscaping adjacent to the alley, which provides additional screening from the subject property. The proposed site plan provides an approximately I 0-2 north side yard setback and an approximately I 8 -lo south side yard setback from the adjacent neighboring properties. Based on proposed setbacks and existing conditions, there would be approximately 69 -O of separation to the accessory stwcture to the south, and approximately 14 -O of separation between the proposed guest house and the accessory stwcture on the adjacent property to the north. As proposed, the design of the structure and its setbacks appears to provide sufficient separation from neighboring properties and structures. Landscaping. New landscaping is proposed throughout the subject property. The applicant proposes to incorporate landscaping along the north side yard, west rear yard, and south side yard to create a landscape barrier along the accessory structure. The landscaping includes dense plantings of ficus nitida column plants with a minimum 24-inch box size along the property lines with nine new trees, including podocarpus gracilior and platanus racmose with a minimum size ranging from inch boxes. Collectively, the landscaping is anticipated to maintain or enhance the garden quality of the city and further limit views of the accessory structure. Parking. As proposed, the site provides a total of nine parking spaces to meet and exceed parking requirements. Seven parking spaces are required by the Beverly Hills Municipal Code (BHMC) for the nine bedrooms in the main house; two parking spaces, although not required, would be provided for the bedrooms in the proposed accessory structure. The BHMC requires

21 Planning Commission Report 715 North Oakhurst Drive January 10, 2019 Page loof Ii the project to meet parking requirements by providing parking spaces in s not located in the front setback. Two spaces are located at the attached two-car garage of the proposed accessory structure and seven spaces are located on the at-grade driveway along the north property line of the site. The number and configuration of identified parking spaces provided complies with BHMC requirements. Summary of Project Benefits and Concerns. Based on the analysis provided above, a summary of the Project s potential benefits and potential concerns is provided in the table below for the Planning Commission s consideration. Potential Benefits Potential Concerns Structure would not be visible from Majority of accessory structures in the Oakhurst Drive and landscape screening immediate vicinity (13 properties) are oneis provided on north, west and south story. elevations. Approval of the proposed Project would Windows on the rear west elevation and result in 11 bedrooms on the site. This side north elevation will be translucent number of bedrooms is a greater number and only open at a 25 degree angle. of bedrooms than is typically found on Structure complies with side setback neighboring parcels in this established requirements for the primary residence neighborhood. and would be located approximately 14 - The total footprint of the accessory 0 away from the nearest neighboring structure occupies more than 50% of the residential structure. lot width. Requested 26-6 tall building is below the 34 -O maximum height that could be requested. Efforts have been made to modulate the building and reduce its appearance of mass

22 Planning Commission Report 715 North Oakhurst Drive January 10, 2019 Page 11 of 11 NEXT STEPS It is recommended that the Planning Commission conduct the public heating and adopt the attached resolution conditionally approving a Minor Accommodation to allow construction of a two-story accessory structure that exceeds 14 -O in height within the required tear yard setback. Alternatively, the Planning Commission may consider the following actions: 1. Deny the project, or portions of the project, based on specific findings. 2. Direct staff or applicant as appropriate and continue the hearing to a date (un)certain, consistent with permit processing timelines. Report Reviewed By: / City Planner

23 Planning Commission Staff Report 715 Oakhurst Drive February 28, 2019 ATTACHMENT B Relevant Code Sections 33

24 1/3/2019 Sterling Codifiers, Inc : FLOOR AREA: The following minimum and maximum floor Area of the city: restrictions shall apply to buildings in the Central A. Minimum Restrictions: Any building that the primary residential building on a site shall have a minimum floor of one thousand six hundred (1,600) feet and shall have a minimum width, at its widest point, of twenty feet (20 ). serves as square B. Maximum Restrictions: The cumulative floor of all buildings located on a single site in a single-family residential zone in the Central Area of the Uty shall not exceed one thousand five hundred (1,500) feet plus forty (40%) of the site on which buildings are built. square percent those Further, if a portion of a site is to be dedicated to the city for the of establishing or enlarging a or an alley, and such dedication is to be made in conjunction with a development approval, then, for the of calculating the maximum permitted floor for the proposed development pursuant to this section, the site shall include that portion of the site that is to be dedicated to the city. However, the dedicated shall not be included in the calculation of floor for street purposes purposes subsequent development, including additions to the original development. The maximum floor restrictions forth in subsection B of this section may be modified by a Central Area R-1 permit issued pursuant to article 24.5 of this chapter. ford , eff ; amd. Ord , eff ) set : HEIGHT IN PRINCIPAL BUILDING AREA: A. North Of Santa Monica Boulevard: The following height restrictions shall apply to buildings located in the principal building of a site located in the Central Area of the city north of Santa Monica Boulevard: 1. Buildings With A Flat Roof: For a building with a flat roof as defined in section of this chapter: Except otherwise provided in this section, the maximum plate height shall twenty two feet (22 ) and the maximum building height shall be twenty eight feet (28 ). If each yard equals or ten feet (10 ), then the maximum building height shall be thirty feet (30 ). as exceeds 2. Buildings With A Sloped Roof: For a building with a sloped roof defined in section of this chapter: Except otherwise provided in this section, the maximum plate height shall be twenty two feet (22 ) and the maximum building height shall be twenty eight feet (28 ). If side yard equals or ten feet (10 ), then the maximum building height shall be thirty two feet (32 ). as exceeds as be side each 3. Buildings With A Sloped Roof With Ridgeline: For a building with a sloped roof with ndgeline defined in section of this chapter: Except otherwise provided in this section, maximum plate height shall be twenty two feet (22 ) and the maximum building height shall be 291 httpsl! 34 1/13 as the as

25 4. Additional Plate Height Added: For every two and one-half feet (2.5 ) of front sethack provided in of this chapter apply to a project, such front setbacks shall be provided in addition to a front addition to the required minimum front setback as required pursuant to this article, one foot (1 ) of plate height may be added to the maximum plate height, not to exceed a twenty five foot (25 ) maximum plate height. I front setbacks required in section or subsection A equals or exceeds ten feet (10 ), then the maximum building height shall be thirty four feet (34 ). defined in section of this chapter shall be sixteen feet (16 ) and the maximum height of (14 ), the maximum height of that portion of a building covered by a sloped roof with ridgeline as covered by a sloped roof as defined in section of this chapter shall be fourteen feet of this chapter shall be twelve feet (12 ), the maximum height of that portion of a building B of this chapter: The maximum plate height of a building shall be ten feet (10 ), the maximum height of that portion of a building covered by a fiat roof as defined in section Doheny Drive shall be subject to the following height restrictions: principal building of site s that are southerly of Olympic Boulevard and easterly of C. Site Area South Of Olympic Boulevard And East Of Doheny Drive: Those buildings located in the 4. The maximum height of structures other than buildings shall be twenty five feet (25 ). be thirty two feet (32 ). The maximum plate height shall be twenty two feet (22 ) and the maximum building height shall 3. For a building with a sloped roof with ndgeline as defined in section of this chapter: feet (28 ). plate height shall be twenty two feet (22 ) and the maximum building height shall be twenty eight 2. For a building with a sloped roof as defined in section of this chapter: The maximum (25 ). height shall be twenty two feet (22 ) and the maximum building height shall be twenty five feet Boulevard: permit a maximum building height of up to thirty four feet (34 ). reviewing authority may issue a Central R-1 permit pursuant to article 24.5 of this chapter to 5. Central R-1 Permit: For buildings that are subject to a maximum height of thirty feet (30 ), a provided, however, any portion of such wall, fence, or hedge which exceeds three feet (3 ) in 2404 of this chapter; and, notwithstanding section of this chapter, the allowable height height shall be open to public view. but may not encroach beyond the original front sethack line established in section pursuant to this subsection, portions of a building may encroach into the expanded front setback B of this chapter is used in conjunction with an expanded front sethack provided of a wall, fence, or hedge located within the expanded front setback shall be six feet (6 ); setback provided pursuant to this subsection. I front setback averaging permitted by subsection thirty two feet (32 ) with an average roof height of up to twenty eight feet (28 ). II each side yard Sterling Codifiers, Inc. B. South Of Santa Monica Boulevard: The following height restrictions shall apply to buildings located in the principal building of a site located in the Central Area of the city south of Santa Monica 1. For a building with a fiat roof as defined in section of this chapter: The maximum plate 1. For the first twenty feet (20 ) of behind the front yard and for the purposes of subsection 10- all other structures shall be twelve feet (12 )

26 1/3/2019 Sterling Codifiers, Inc. 2. For that portion of the principal building not governed by subsection CI of this section, the maximum permitted height of buildings shall be forth in subsection B of this section. (Ord , eff ) as set : FRONT SETBACKS: A. The front for site located in the Central Area of the city shall be the setback established in the records for site department, unless that is not established in the city s records, or it is zero. Prior to amendment of this section, a zero established in the city s records. setback s each setback as maintained by the city s community development setback was interpreted to mean that no setback was B. If the front the front setback setback for a particular site is zero or is not established in the city s records, then for that site shall be determined follows: as 1. For developed site s, the front setback shall be the lesser of either: a. The distance between the front lot line and the closest element of the existing primary residence; or b. The same average block. of the front setbacks of the other site s on the same side of the street in the 2. For undeveloped lots, the front setback shall be the of the front of the other site on the side of the street in the block. (Ord , eff ; amd. Ord , eff ; Ord , eff ; Ord , eff ) s same same average setbacks : REAR SETBACKS: The rear of a site of the lot depth minus nine setback feet located in the Central Area of the city shall equal thirty percent (30%) (9 ). A. Principal Residential Building: Notwithstanding any other provision of this section, a principal residential building may encroach into a maximum of five percent (5%) of the of the and such encroachment shall be governed by the height restrictions forth in section of this chapter. set teat yard B. Doheny Drive And Olympic Boulevard: Notwithstanding any other provision of this section, for lots located easterly of Doheny Drive and southerly of Olympic Boulevard, a maximum of four hundred fifty (450) feet of floor of the principal residential building may encroach into the rear yard provided that a ten foot (10 ) rear is provided, the encroachment conms square setback those https// 36 3/13

27 Sterling Codifiers, Inc. with the height restrictions contained in subsection 1O C1 of this chapter, and no other building is located in the accessory structure. C. Rear Setback Extension: If a legally constructed existing building does not conform to the setback requirement of this section, enlarging the building through extending the existing nonconforming rear setback can be permitted provided that: 1. The existing rear setback is maintained, and the addition is not less than fifteen feet (15 ) from the tear property line; 2. The existing principal residential building, the addition and any accessory structure do not cover more than fifty percent (50%) of the tear yard, excluding porches or decks that are attached to the building, and constructed in accordance with subsection I C of this chapter; and 3. The height of the addition located within the rear yard does not exceed fourteen feet (14 ) in height and the floor of the extension is the lesser of one thousand (1,000) square feet or twenty percent (20%) of the existing floor, inclusive of any floor granted pursuant to subsection I C of this chapter; and the height of any porch or deck attached to a principal residential building and located within the rear setback is not mote than three feet (3 ) above natural grade or higher than the finished floor of the first story whichever is lower. If an extension of a principal residential building meets the criteria of subsections Cl and C2 of this section, but does not meet the criteria of subsection C3 of this section, then the extension may be permitted by a Central R-1 permit issued pursuant to article 24.5 of this chapter. ford , eff ; amd. Ord , eff ; Ord , eff ; Ord , eff ; Ord , eff ) : SIDE SETBACKS: The following side setback requirements shall govern the Central Area of the city: A. North Of Santa Monica Boulevard: The sum of the side setbacks from the two (2) longest side lot lines shall be at least fifteen feet (15 ) plus thirty percent (30%) of the lot width in excess of seventy feet (70 ). In addition, except as otherwise provided in this section, each side setback for site s located north of Santa Monica Boulevard shall be at least seven and one-half feet (7.5 ). 1. Exception: Site in excess of one hundred feet (100 ) in width. In addition to any other side setback required, if the width of a site exceeds one hundred feet (100 ), then the side setback from the two (2) longest side lot lines shall be at least ten feet (10 ) plus ten percent (10%) of the width of the site in excess of one hundred feet (100 ). 2. Exception; Two Or More Lots: For those site s that consist of two (2) or more lots as subdivided on July 3, 1984, the side setback shall be at least fifteen feet (15 ). In addition, the sum of the side setbacks adjacent to the two (2) longest side lot lines shall be at least twelve feet (12 ) pius thirty percent (30%) of the lot width in excess of one hundred feet (100 )

28 Sterling Codifiers, Inc. B. South Of Santa Monica Boulevard: Except as otherwise provided in this section, the minimum side setback for buildings located south of Santa Monica Boulevard shall be five feet (5 ) on one side. On the other side, the minimum side setback shall be nine feet (9 ). Encroachments in side setbacks otherwise permitted pursuant to section of this chapter may not be permitted in this nine foot (9 ) setback except for: 1) roof eaves pursuant to subsection I B of this chapter, and 2) encroachments along the side property line for side yard fences, walls, or hedges, provided that a flat with a minimum width of nine feet (9 ) is maintained between the side property line wall, fence or hedge, and any structure or building. Parking, including a porte cochere coveting said parking may be provided in this nine foot (9 ) setback pursuant to section of this chapter. 1. Exception: The setback requirements set forth in this subsection B shall not be applicable to: a) any corner lot, b) those site s located south of Olympic Boulevard and west of Roxbury Drive, nor C) those site s located south of Olympic Boulevard and east of Doheny Drive. a. Corner Lots And All Lots South Of Olympic Boulevard And West Of Roxbury Drive: The side setbacks for all corner lots located southerly of Santa Monica Boulevard and those site s located southerly of Olympic Boulevard and westerly of Roxbury Drive shall be at least five feet (5 ). In addition, the sum of the side setbacks adjacent to the two (2) longest side lot lines shall be at least twenty percent (20%) of the lot width. b. South Of Olympic Boulevard And East Of Doheny Drive: The side setbacks for site s southerly of Olympic Boulevard and easterly of Doheny Drive shall be five feet (5 ). 2. Exception; Two Or Mote Lots: For those buildings located on site s that consist of two (2) or more lots as subdivided on July 3, 1984, the side setback shall be ten feet (10 ) plus ten percent (10%) of the width of the lot in excess of one hundred feet (100 ). 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 chaptei provided that the floor of the extension is less than one thousand (1,000) square feet and less than twenty percent (20%) of the existing floor inclusive of the of any rear yard setback extension concurrently or previously approved pursuant to subsection I 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. 295 hftps:/iwww.sterlingcodlfiers.comlcodebookllndex.php?bookjd= /13

29 Sterling Codifiers, Inc. Extension of a nonconforming side permissible by a minor accommodation at the time extension of a nonconforming rear pursuant to section of this chapter shall be reviewed one project and may be permitted by a single Central R-1 permit issued pursuant to article 24.5 of this chapter. same as as setback setback b. Central R-1 Permit: If the existing is not than feet (3 ), the extension fourteen feet (14 ) in height, and the of the extension, inclusive of any extension approved pursuant to section of this chapter, thousand (1,000) or twenty percent (20%) of the existing floor, then extension may be permitted by a Central R-1 permit issued pursuant to article 24.5 of this chapter. exceeds setback square feet setback less three exceeds one rear yard the D. Application Of Side that the side requirements of this section applied to construction on lots with existing legally nonconforming side setbacks, the largest setback required by this section shall be applied to the side of the lot with the largest existing side yard. (Ord , eff. amd. Ord , eff ; Ord , eff f 989; Ord , eff ; Ord , eff. Ord , eff. 7-7-f 995; Ord , eff ; Ord , eff ; Ord , eff ; Ord , eff ) cases Setback Requirements To Existing Legally Nonconforming Side Yards: In all setback ; are ; : PERMISSIBLE ENCROACHMENTS YARDS, AND REAR YARDS: IN SIDE YARDS, STREET SIDE No structure or element of except the following: a building may encroach into any side yard, street side yard or rear yard A. A fence, gate, or wall that otherwise complies with the requirements of this Code; B. Roof eaves not exceeding a maximum vertical dimension of twelve inches (12 ) and projecting no more than eighteen inches (18 ) into such yards; C. Porches and decks located at or below the first floor level provided, further, that required handrails for such elements shall not extend more than forty two inches (42 ) above the first floor level; D. Decks located at finished first floor level, covering portions of a driveway that leads directly to subterranean parking for provided, further, that required handrails for such shall not extend mote than forty two inches (42 ) above the deck floor level and that the length of the deck shall be limited to twenty four feet (24 ) or the width of opening into the parking, whichever is less, provided that a substantial landscape buffet is provided the deck and any property; adjacent residences, the elements subterranean between /13

30 1/3/2019 Sterling Codifiers, Inc. E. Gas and electric meter enclosures projecting no mote than eighteen inches (18 ) into such yards; F. One fireplace provided one of the following two (2) criteria is met: 1. The required or seven and one-half feet (7hI2), the limited to thirty inches (30 ) or less, and the length of the fireplace measured parallel to property line not exceed ten feet (10 ); or setback equals does exceeds encroachment 2. The required is less than and one-half (ZhI2), the encroachment is twetve inches (12 ) or less, length of the fireplace measured parallel to the property line not exceed six feet (6 ), and the fireplace is located a minimum of ten feet (10 ) from the front of the building; setback the seven feet the does is G. Swimming pools and mechanical equipment serving pools provided that the mechanical equipment complies with subsection M of this section; H. Trash storage facilities; I. Architectural projections, such half timbers, corbels, and window and door accents, projecting no more than six inches (6 ) into such yards; as J. A porte-cochere, or carport line; garage setback set back a minimum of four feet (4 ) from the front line, provided front lot line within the first thirty eight feet (38 ) behind the front faces the setback that no K. Freestanding support structures for wireless facilities, provided that mechanical or equipment servicing any such wireless facility complies with subsection M of this section; accessory L. Light wells defined in this chapter, provided that no light well is located in a side yard if located in a side yard, the light well is from the public right of way by a wall, fence or hedge that complies with the requirements of section of this chapter; as street screened and, M. Mechanical equipment that does not the maximum height requirements for walls, and pursuant to section of this chapter, is from public view, complies throughout its operational life with the city s noise regulations forth in title 5, article 2 of this code; hedges exceed screened set fences and chapter 297 httpsllwww.stedingcodlfiers.comlcodebookñndex.php?bookjd /13 1,

31 1/3/2019 Sterling Codifiers, Inc. 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 building that been constructed within the five (5) or remodeled more than fifty percent (50%) during the five (5) described in section of this chapter. a has past years as past years 2. The length of the encroachment measured parallel to the property line not feet (7 ), except that for lots located north of Santa Monica Boulevard a minor accommodation permit may be issued to allow a length. In order to approve the minor accommodation permit, the reviewing authority must find that the encroachment will not have an impact on: a. The scale and massing of the b. Neighbors access greater to light and air, c. Neighbors privacy, and d. The garden quality of the city. aggregate streetscape, does exceed seven adverse 3. The length of the encroachment of the elevator and elevator enclosure a fireplace encroaching into the setback, pursuant to subsection F of this section, exceed thirteen feet (13 ), except pursuant to a minor accommodation permit issued subsection N2 of this section. same 4. The encroachment is not closer than three feet (3 ) from the front of the building. together with does pursuant not to 5. The elevator and elevator enclosure does not have any windows. 6. Noise by the elevator complies with city noise regulations 1, article 2 of this code. generated set forth in title 5, chapter 7. The elevator and enclosure is designed to be compatible with the existing residence in color, material and design. 8. The encroachment into the not exceed the following, provided that a minimum setback of three feet (3 ) shall be maintained in all a. Thirty inches (30 ), or setback does cases: b. Sixty inches (60 ) if a minor accommodation permit pursuant to article 36 of this is issued. In order to approve the minor accommodation permit, the reviewing authority must find that the encroachment will not have an impact on: (1) The scale (2) Neighbors and massing of the access (3) Neighbors privacy, and to light and air, (4) The garden quality of the City. adverse streetscape, chap.t 298 httpsllwww.sterllngcodlflers.comlcodebook/index.php?book_1d /13

32 113/2019 Sterling Codifiers, Inc. 0. For single-family properties south of Santa Monica Boulevard subsection I B of this article shall control allowable encroachments in the nine foot (9 ) setback. Notwithstanding any other provision of this section, a passageway or access for emergency services shall extend for the length of the entire site from the front lot line to the tear lot line. Such passageway or access shall be a minimum of three feet (3 ) in width and shall be free of any obstruction, except that a walt, fence or hedge otherwise permitted by the provisions of this chapter may be placed along the rear lot line and a gate may be placed across such passageway or access behind the front yard. ford , eff ; amd. Ord , eff ; Ord , eff ; Ord , eff ) : FRONT SETBACK FOR ACCESSORY BUILDINGS: Accessory buildings shall be set back at least one hundred feet (100 ) from the front lot line or all elements of the accessory building shall be located within fifty feet (50 ) of the rear lot line of the site. ford , eff ; amd. Ord , eff ) : STRUCTURE SEPARATION FOR ACCESSORY BUILDINGS: Accessory buildings shall be located no closer than six feet (6 ) to any other building on the same site. ford , eff ; amd. Ord , eff ) : ACCESSORY BUILDING PORCHES AND DECKS: No accessory building shall have a porch or deck located more than three feet (3 ) above the finished grade. For the purposes of this section, grade shall be defined as it is defined in title 9 of this Code. A. Exception: Notwithstanding the provisions of this section, the Planning Commission may permit an accessory building located on a residential site with an that equals or exceeds twenty four thousand (24,000) square feet to include a porch or deck located more than three feet (3 ) above finished grade through a Central R-1 permit issued pursuant to article 24.5 of this chapter. ford , eff ; amd. Ord , eff ; Ord , eff ) : DEVELOPMENT STANDARDS FOR ACCESSORY BUILDINGS SOUTH OF SANTA MONICA BOULEVARD: Accessory buildings located on site s south of Santa Monica Boulevard shall comply with the 299 https/iwww.sterllngcodlflers.comlcodebooklindex.php?book_1d /13

33 Sterling Codifiers, Inc. following standards: A. Floor Area: Accessory buildings, including garages, located on site s south of Santa Monica Boulevard shall not exceed a cumulative floor of five hundred (500) square feet. B. Height: Accessory buildings located in the accessory structure of site s south of Santa Monica Boulevard shall not exceed a height of fourteen feet (14 ). C. Side Setback Encroachment: Notwithstanding any other provision of this chapter, an accessory building located on a site south of Santa Monica Boulevard may be erected within a required side yard if: 1. The side lot line abuts an alley and no portion of the building within the side yard exceeds a height of fourteen feet (14 ); or 2. The side lot line does not abut an alley and no portion of the building within the side yard exceeds a height of fourteen feet (14 ) or intersects a plane commencing seven feet (7 ) in height, measured at the side lot line, and extending at a slope of two horizontal to one vertical (2:1) toward the interior of the site. D. Rear Setback Encroachment: Notwithstanding any other provision of this chapter, an accessory building located on a site south of Santa Monica Boulevard may be erected within a required rear yard if: 1. The rear lot line abuts an alley and no portion of the building within the rear yard exceeds a height of fourteen feet (14 ); or 2. The rear lot line does not abut an alley and no portion of the building within the tear yard exceeds a height of fourteen feet (14 ) or intersects a plane commencing seven feet (7 ) in height, measured at the rear lot line, and extending at a slope of two horizontal to one vertical (2:1) toward the interior of the site. 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 I 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 httprilwww.sterllngcodifiers.comlcodebook/lndex.php?book_id /13

34 Sterhng Codifiers, Inc. available light in neighboring yards, and the cumulative impact to adjacent properties from the proposed structure in combination with existing structures in the viunity. Under no circumstances shall the height of an structure be permitted to the following: accessory 1. Twelve (12 ) primary structure; and feet as measured accessory accessory exceed from the lowest finished elevation along the perimeter of the 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 from the lowest (alley side) existing grade. (Ord , eff ; amd. Ord , eff ) as measured : PARKING REQUIREMENTS: Three (3) parking shall be provided for single-family residential site in the Central Area of the city that contains no more than four (4) bedrooms; four (4) parking shall be provided for single-family residential site in the Central Area of the city that contains five (5) or six (6) bedrooms; five (5) parking shall be provided for single-family residential site in the Central Area of city that contains seven (7) bedrooms; six (6) parking shall be provided for single-family residential site in the Central Area of the city that contains eight (8) bedrooms; and seven (7) parking shall be provided for each single-family residential site in the Central Area of the city that contains nine (9) or more bedrooms. each each spaces the spaces spaces each each spaces spaces A. The dimensions of each parking shall comply with the parking adopted by the city council and on file in the department of building and safety. However, if the width of a portion of an existing paved driveway is restricted by the location of an existing residence or existing cochere to but not less than eight and one-half feet (8.5 ), then, notwithstanding its inadequate width, such portion of the driveway shall be considered to comply with the parking provided that such complies with all other requirements of the parking standards. space a width less than that required by the parking standards standards, standards porte B. No required parking space shall be provided within a front yard or street side yard. C. Parking or portions thereof, located in any side or rear yard or exposed to view from a shall be completely from the view of the adjacent property by a fence or hedge least six feet (6 ) in height and from any by a fence or a at least three feet (3 ) in height, except that an entryway not to exceed ten feet (10 ) in width may be provided from the street. Such screening shall not encroach into the required dimensions of the parking (Ord , eff ) s, screened street hedge space. at street : WALLS, FENCES AND HEDGES: 301 hilpsllwww.stedlngcodiflers.comlcodebooklindex.php?book_id /13

35 Sterling Codifiers. Inc. In addition to any requirements imposed pursuant to title 9 of this code, a building permit shall be required for any wall or fence greater than six feet (6 ) in height and shall also be required for any wall or fence, regardless of its height, that is located in a front yard. A. Thickness: No wall or fence shall exceed two feet (2 ) in thickness. Cavities or spaces within a wall or fence shall not be used for the support, storage, shelter, or enclosure of persons, animals, or personal property. B. Supporting Elements: No column, pillar, post, or other supporting element of a wall or fence shall be more than twenty four inches (24 ) in width. C. Front Yards: The maximum allowable height of a wall, fence, or hedge located within the first twenty percent (20%) of the front yard, measured from the front lot line, shall be three feet (3 ). Walls and fences over eighteen inches (18 ) in height shall be set back a minimum of three feet (3 ) from the front lot line and landscaping shall be provided in the between the wall or fence and the front lot line, except for paving, including driveways and walkways, that conforms to the requirements of section of this chapter. The maximum allowable height of a wall, fence, or hedge located within the front yard at a distance from the front lot line of more than twenty percent (20%) of the front setback shall be six feet (6 ); provided, however, any portion of such wall, fence, or hedge which exceeds three feet (3 ) in height shall be open to public view. D. Side Yards: The maximum allowable height for that portion of a wall, fence, or hedge located in both a side yard and a front yard shall be six feet (6 ); provided, however, that any portion of such wall, fence, or hedge which exceeds three feet (3 ) in height shall be open to public view. The maximum allowable height for that portion of a wall, fence, or hedge located in a side yard, but not in a front yard, shall be seven feet (7 ), except that the maximum allowable height shall be eight feet (8 ) for such a wall, fence, or hedge located within five feet (5 ) of a rear lot line and parallel to such rear lot line. Furthermore, any portion of such wall, fence or hedge that exceeds three feet (3 ) in height and is located in a street side yard shall be open to public view or the wall, fence or hedge shall be set back an average of at least one foot (1 ) and no less than six inches (6 ) from the street side lot line for the purpose of providing landscaping on the street side of the wall. E. Rear Yards: The maximum allowable height for a fence, wall or hedge located solely in a rear yard shall be eight feet (8 ). (Ord , eff ) : LANDSCAPING AND LANDSCAPING PLANS: 302 httpsllwww.stedingcodiflers.comlcodebookflndex.php?book_id= /13

36 Sterhng Codifiers, Inc. This section is intended to requite design and implementation of a landscaping plan prior to occupancy of a new development in order to that landscaping is not ignored in the construction However, this section is not intended to require specific type or landscaping. process. ensure a design standard For the purposes of this section, landscaping shall mean the development of the open on a property with plantings, such bushes, shrubs, hedges, lawns, other live ground cover, or greenery. Landscaping may include nonliving decorative treatment, such curbs, groupings of rock, or similar as trees, as walls, fences, space and of accent material, interspersed with plantings, but shall not include paving. A. All unpaved portions of a front yard shall be improved and maintained with landscaping. B. Each proposal for the construction of a single-family residence shall be accompanied by a landscaping plan that is designed with the goal of maintaining the garden quality of the City of Beverly Hills. Prior to final inspection of a new residence, the property owner shall attest, on a form provided by the City, the subject site been planted in landscaping plan. that has accordance with the The landscaping plan shall include a minimum two foot (2 ) wide landscaped the length of each required side yard, except in portions of the side yard occupied by approved structures, approved elevators or elevator enclosures, a permitted swimming pool, or a driveway, including a driveway covered by porte-cochere, in article. ford , eff ) a accessory accordance with sections and of this : ADDITIONAL REQUIREMENTS FOR APPLICATIONS TO EXCEED HEIGHT LIMITATIONS: For any application that approval to the height limitations forth in section , or of this chapter, the director of community development may, his or her discretion, require the applicant to first install story poles to demonstrate the height, bulk and location of the proposed project. The director is hereby authorized and directed to promulgate rules regulations, subject to approval by resolution of the planning commission, governing the installation of story poles. Any applicant subject to requirements of this section shall install alt story poles in full compliance with such rules and regulations. ford , eff ) seeks the exceed set at and 303 hftpsllwww.stedlngcodlflers.comfcodebookllndex.php?bookjd= /13

37 Planning Commission Staff Report 715 Oakhurst Drive February 28, 2019 ATTACHMENT C Draft Resolution 47

38 RESOLUTION NO. A RESOLUTION Of THE PLANNiNG COMMISSION Of THE CITY OF BEVERLY HILLS CONDITIONALLY APPROVING A MINOR ACCOMMODATION TO ALLOW THE CONSTRUCTION Of AN ACCESSORY STRUCTURE ABOVE 14 IN HEIGHT, LOCATED IN A REQUIRED REAR SETBACK ON THE PROPERTY LOCATED AT 715 NORTH OAKHURST DRIVE (PL ). The Planning Commission of the City of Beverly Hills hereby finds, resolves, and determines as follows: Section 1. ParisaNejad, applicant on behalf of the property owner (collectively the Applicant ), has submitted an application for a Minor Accommodation to allow the construction of a two-story, 23 -S tall accessory structure located within the required rear setback on a property located in the Central Area of the City at 715 North Oakhurst Drive (the Project ). The Project does not meet all by-right development standards, and therefore requires an entitlement that can be granted by the Planning Commission pursuant to the issuance of a Minor Accommodation. Section 2. The Project site is located in the Central Area of the City, north of Santa Monica Boulevard, and has frontage on North Oakhurst Drive. The Project site is consistent with other properties in the neighborhood with respect to site and site configuration. On December 20, 2017 an R- 1 Design Review Permit was approved to allow the construction of a new two-story Georgian! Federal Revival Style single-family residence. The surrounding neighborhood consists of one- and two-story single-family residences with detached one- and twostory accessory structures. 48

39 The Project consists of the construction of a new, two-story accessory structure at the rear of the primary residence. The accessory structure is proposed to have a maximum floor of 1,189 square feet plus a 400 square foot two-car garage and an attached covered patio on the east elevation covering an of approximately 323 square feet. The accessory structure would provide a rear yard setback of 2-6, north side yard setback of 10-3, south side yard setback of 22-9, and front yard setback of 216 -l. The accessory structure will be a maximum height of The first story of the accessory structure will include a two-car garage, one full bathroom, a laundry room, a bar, and a recreation room. The first story will also include access to the covered patio on the south elevation though a series of French doors. The second story will maintain a bedroom, a full bathroom, a nook, and a closet. Section 3. The Project has been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq.( CEQA ), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.), and the environmental regulations of the City. The project qualifies for a categorical exemption pursuant to Section (Class 3) of the Guidelines. Specifically, the proposed project involves the construction of an accessory structure on a residentially-zoned property, and the Planning Commission therefore finds the Project exempt from further review under the provisions of CEQA. Section 4. Notice of the Project and public hearing was mailed on December 21, 2018, to all property owners and residential occupants within a 1,000-foot radius of the property extended to the block-face. On January 10, 2019, the Planning Commission considered the application at a duly noticed public hearing. Evidence, both written and oral, was presented at 2 49

40 the meeting. At the conclusion of the January 10, 2019 hearing, the public hearing for the project was continued to a date certain, February 28, 2019, in order to provide the applicant an opportunity to revise plans to address concerns raised regarding the privacy impacts of the Project. On February 28, 2019, the Planning Commission considered the revised Project. Evidence, both written and oral, was presented at the meeting. Section 5. In reviewing the request for a Minor Accommodation, the Planning Commission considered whether it could make the following findings in support of the Project: 1. The Project will not have an adverse impact on the scale and massing of the streetscape; 2. The Project will not have an adverse impact on the neighbors access to light and air; 3. The Project will not have an adverse impact on the neighbors privacy; and 4. The Project will not have an adverse impact on the garden quality of the city. Section 6. Based on the foregoing, the Planning Commission hereby finds and determines as follows with respect to the Minor Accommodation: 1. The accessory structure will not be visible from the street on North Oakhurst Drive due to the height and size of the proposed main residence, as well as the distance from the street. The new accessory structure will be located behind the two-story primary residence and at a distance of approximately 216 -l from the front 3 50

41 property line. The total height of the proposed two-story structure will be a maximum of 23-5, which is less than the 32-7 height of the primary residence. Due to the proposed height, distance from the front of the property to the proposed structure, as well as the fact that the primary residence will completely obscure the view of the new accessory structure from North Oakhurst Drive, the Project will not have an adverse impact on the scale and massing of the streetscape as viewed from North Oakhurst Drive. 2. The total height of the proposed two-story structure will be a maximum of 23-5, which will exceed the 14 -O by-right maximum allowable height for an accessory structure located within a rear setback by approximately 9-6. Although the Project exceeds 14 -O in height, the 20 -O width of the adjacent alley combined with the minimum 2-6 setback of the guest house results in more than 22-6 in distance to the nearest usable outdoor s on the properties immediately west of the alley (712 Sierra Drive, which abuts the alley adjacent to the subject property). The 712 Sierra Drive property maintains mature landscaping adjacent to the alley, which provides additional screening from the subject property. The proposed landscaping includes dense plantings of ficus nitida with a minimum 24-inch box size along the property lines with nine new trees, including podocarpus gracilior and platanus racmose with a minimum size ranging from 24 to 60-inch boxes. The proposed site plan provides an approximately 10-3 north side yard setback and an approximately 22-9 south side yard setback from the adjacent neighboring properties. Based on proposed setbacks and existing conditions, there would be approximately 53 -O of separation to the accessory structure to the south, and 4 51

42 approximately 55 -O of separation between the proposed guest house and the accessory structure on the adjacent property to the north. As proposed, the design of the structure, its setbacks, and the proposed landscaping appear to provide sufficient separation from neighboring properties and structures such that the Project will not adversely impact the neighbors access to light and air. 3. With respect to privacy and visibility from windows, the west and north elevations are the two elevations closest to the alley and the adjacent neighbor. The windows on these elevations located on the second story are proposed to be awning-style windows with a maximum 25 degree opening and translucent glazing. The east elevation will provide no direct views of the neighboring residences as it faces the interior of the property, therefore viewing the primary residence. The nook that is projecting $ -O from the second story building wall line on the east elevation will provide a barrier to views from the east elevation bedroom windows from which the property to the south may otherwise be visible. The south elevation of the proposed accessory structure will maintain a window on the second story and will be fixed and translucent. The window will be viewed from the proposed stair case and will not have direct views from a living such as a bedroom in the accessory structure. Any indirect views from the south-facing windows would be further obscured by the proposed foliage included in the landscape plan. The rear yard s of the property to the west (712 Sierra Drive) and the property to the north (719 North Oakhurst Drive), and the property to the south (713 North Oakhurst Drive) include private outdoor space, such as a pooi. Existing landscaping from the neighboring residences and proposed landscaping on the subject property is expected to further 5 52

43 alleviate privacy impacts the windows may create. In addition, the 20 -O width of the adjacent alley combined with the minimum 2-6 setback of the guest house results in an approximately 22-6 distance from the accessory structure to the nearest usable outdoor s on the properties immediately west of the alley (712 Sierra Drive, which abuts the alley adjacent to the subject property). This property maintains mature landscaping adjacent to the alley, which provides additional screening from the subject property. The proposed site plan provides an approximately l0-3 north side yard setback and an approximately 22-9 south side yard setback from the adjacent neighboring properties. Collectively, the Project s design, siting, and landscaping will prevent adverse impacts to the neighbors privacy. 4. New landscaping is proposed throughout the subject property. The applicant proposes to incorporate landscaping along the north side yard, west rear yard, and south side yard to create landscape screening adjacent to the accessory structure. The landscaping includes dense plantings of ficus nitida plants with a minimum 24-inch box size along the property lines with nine new trees, including podocarpus gracilior and platanus racmose with a minimum size ranging from 24 to 60-inch boxes. Collectively, the landscaping will either maintain or enhance the garden quality of the city. Section 7. Based on the foregoing, the Planning Commission hereby grants the requested Minor Accommodation, subject to the following conditions: 1. Any window located over 14 -O above grade on an elevation facing an alley, the north adjacent side property line, and the south adjacent side property line 6 53

44 shall be fitted with translucent glass and either fixed (inoperable) or awning-style with a maximum opening of twenty five degrees (25 ). 2. Landscaping in substantial compliance with the landscape plan included in the approved plans shall be maintained for the life of the Project. Any modification to landscaping shall be subject to review and approval by the Community Development Director or designee for a consistency determination with the original approval. 3. The Project shall be constructed in substantial compliance with the plans and specifications approved by the Planning Commission on February 28, Project construction shall at all times be in compliance with municipal requirements prohibiting the use of alleys for construction vehicle parking and operations. 5. APPROVAL RUNS WITH LAND. These conditions shall run with the land and shall remain in full force for the duration of the life of the Project. 6. Minor amendments to the plans shall be subject to approval by the Director of Community Development. A significant change to the approved Project shall be subject to Planning Commission Review. Construction shall be in conformance with the plans approved herein or as modified by the Planning Commission or Director of Community Development. 7. Project Plans are subject to compliance with all applicable zoning regulations, except as may be expressly modified herein. Project plans shall be subject to a complete Code Compliance review when building plans are submitted for plan 7 54

45 check. Compliance with all applicable Municipal Code and General Plan Policies is required prior to the issuance of a building permit. 8. APPEAL. Decisions of the Planning Commission may be appealed to the City Council within fourteen (14) days of the Planning Commission action by filing a written appeal with the City Clerk. Appeal forms are available in the City Clerk s office. Decisions involving subdivision maps must be appealed within ten (10) days of the Planning Commission Action. An appeal fee is required. 9. RECORDATION. The resolution approving the Minor Accommodation shall not become effective until the owner of the Project site records a covenant, satisfactory in form and content to the City Attorney, accepting the conditions of approval set forth in this resolution. The covenant shall include a copy of the resolution as an exhibit. The Applicant shall deliver the executed covenant to the Department of Community Development within 60 days of the Planning Commission decision. At the time that the Applicant delivers the executed covenant to the City, the Applicant shall also provide the City with all fees necessary to record the document with the County Recorder. If the Applicant fails to deliver the executed covenant within the required 60 days, this resolution approving the Project shall be null and void and of no further effect. Notwithstanding the foregoing, the Director of Community Development may, upon a written request by the Applicant, grant a written waiver from the 60 day time limit if, at the time of the request, the Director determines that there have been no substantial changes to any federal, state, or local law that would affect the Project. 8 55

46 10. EXPIRATION. Minor Accommodation: The exercise of rights granted in such approval shall be commenced within three (3) years after the adoption of such resolution. 11. VIOLATION Of CONDITIONS: A violation of any of these conditions of approval may result in termination of the entitlements granted herein. Section 2. The Secretary of the Planning Commission shall certify to the passage, approval, and adoption of this resolution, and shall cause this resolution and his/her Certification to be entered in the Book of Resolutions of the Planning Commission of the City. Adopted: february 22, 2019 Andrew Licht Chair of the Planning Commission of the City of Beverly Hills Attest: Ryan Gofflich, AICP Secretary of the Planning Commission Approved As To form: Approved As To Content: David M. Snow Assistant City Attorney Ryan Gohlich, AICP Assistant Director / City Planner Community Development Department 9 56

47 December20, 2017 R-J Design Review- Track I Approval ATTACHMENT D Planning Commission Staff Report 715 Oakhurst Drive February 28,

48 cbf!rly R-1 Design Review December 20, 2017 Parisa Nejad W Olympic Blvd #700 Los Angeles, CA RE: 715 N Oakhurst Drive (PL ) R-1 Design Review - Track 1 Approval Dear Ms. Nejad: Staff has reviewed the submitted plans for R-1 Design Review for the above-referenced project and has determined that the design meets the criteria for Track 1 approval and is hereby APPROVED. Pursuant to Beverly Hills Municipal Code Section A, 1, the criteria for a Track 1 approval is as follows; Under Track 1, proposed residential development will be reviewed to determine whether it substantially adheres to a pure architectural style as outlined in a style catalogue adopted by resolution of the City Council. The materials and elements listed as associated with a particular style may be substituted for equivalent or like materials, equal in quality and appearance as those outlined in the style catalogue, so long as they do not detract from the architectural style to be represented. The BHMC further states that Track 1 reviews will be limited to a determination of consistency with the approved style catalogue. Specifically, the BHMC indicates that, If the required review determines that the proposed development adheres to an architecturally pure style and meets all of the applicable development standards set forth in this chapter, the development may be granted a building permit without further design review. The proposed residence would be classified within the Principal Category of American Colonial architecture, as detailed in the City of Beverly Hills Residential Design Style Catalogue. The proposed residence represents the character defining features and proposes the typical materials of the Georgian /federal Revival style, such as: Two stories; Stately linear shapes; (ity IIkvcrly Hills 455 N. Rvxlbrd t)riv Bcveily I lills Calilirnia 9t)2t)l 1 (310) (310) 8S14S966 IevcrIyf1ills.otç

49 Symmetry (federal) and Asymmetrical (Georgian) balance with human scale attributes everywhere; Classical detail in door surrounds and entryway porch; Bay and porthole windows; A combination of brickwork and wood; Window frames and doors of quality wood; Slate shingle roof; The project is subject to the following conditions of approval: 1. This approval by the Planning Division staff is for design only; the project is subject to all applicable City zoning regulations. A thorough zoning review will be administered during the plan check/permitting review. 2. Any future modifications to this approval shall be presented to staff for a determination as to whether the change may be approved by staff (minor) or to the Commission for review. Changes made without City approval may be required to be restored to match the City approved plans. 3. Final plans shall include spec sheets for windows to include manufacturer, size and shape. 4. Colored elevations for all construction visible from the street shall be provided with call-outs for each material proposed for verification in the field during construction. 5. A copy of this final letter of approval shall be scanned onto the cover sheet of the final building plans. 6. The proposed landscape plan shall comply with the City s Water Efficient Landscaping Ordinance. A significant change in the project design or a series of cumulative changes MAY necessitate the filing of a new application or an amended application that will be subject to a staff review for completeness and acceptance. Should this be required, the new or amended application shall be subject to new processing time limits as established in the California Government Code, Section Please feel free to contact me at (310) or gmillican@beverlyhills.org if you have any questions. Sincerely) Georgana Millican, Associate Planner