Planning Commission Report

Transcription

1 City of Beverly Hills Planning Division 455 N. Rexford Drive Beverly Hills, CA TEL. (310) FAX. (310) Meeting Date: Subject: Project Applicant: Recommendation: STUDY SESSION REGARDING ACCESSORY STRUCTURES ON ESTATE LOTS IN TROUSDALE City initiated study session to provide the Planning Commission with an opportunity to discuss existing regulations pertaining to the construction of accessory structures on estate lots in the Trousdale Estates Area of the City. City Initiated Receive report from staff and provide direction to staff as appropriate REPORT SUMMARY On November 8, 2018, the Planning Commission conducted a public hearing on a zone text amendment to address time limits in the code for the processing of certain entitlements as well as findings for a Trousdale R-1 Permit that allows applicants to request to build accessory structures anywhere on an estate property in the Trousdale Estates Area of the City. During the discussion on this item, the Planning Commission directed staff to return to the Planning Commission with a study session item to facilitate a discussion on the code section pertaining to accessory structures in Trousdale Estates and whether accessory structures should be permitted to be built off of a level pad. This report summarizes the existing regulations and provides an opportunity for the Planning Commission to discuss this topic further, consider public comments, and provide direction to staff. BACKGROUND Existing Regulations Beverly Hills Municipal Code (BHMC) outlines the regulations pertaining to the construction of accessory structures on estate properties in Trousdale. For the purposes of this code section, an estate property is defined as being a property (or two properties that are combined) that equals or exceeds 24,000 square feet in area. The BHMC states: If the area of a residential site equals or exceeds twenty four thousand (24,000) square feet, or if the area of two (2) or more contiguous lots or parcels which are owned by the same person and used as one site equals or exceeds twenty four thousand (24,000) square feet, accessory Attachments A. BHMC and Report Author and Contact Information: Timothea Tway, AICP Senior Planner (310) ttwaybeverlyhiils.org 243

2 Study Session on Accessory Structures on Trousdale Estates Lots Page 2 of 3 buildings to a residence may be located on any part of the site if authorized by the planning commission as part of a Trousdale R-1 permit issued in accordance with the procedures set forth in article 26.5 of this chapter. At the Planning Commission meeting on November 8, 2017, the Planning Commission recommended approval of a draft ordinance to establish findings for the review of such structures, and also requested that staff return to the Commission to discuss the application of this code section. DISCUSSION As written, this code language suggests that an applicant may request to build an accessory structure on an estate property in Trousdale anywhere on the site, including off of the existing level pad. In order to do so, an applicant would be required to apply for and be granted a Trousdale R-1 Permit, which is reviewed by the Planning Commission and conditioned in order to mitigate any potential negative impacts associated with the structure. The language in this code section deviates from the language included in BHMC , which prohibits construction off the level pad on Trousdale lots (with certain exceptions): No portion of any building or structure in Trousdale Estates shall extend beyond the level pad, except fences and hedges as permitted by section of this chapter which are open to public view as defined in article I of this chapter. A. Exceptions: The following exceptions shall apply to the provisions of this section: 1. This section shall not be applied to any undeveloped site which does not have a level pad and is not subject to a valid subdivision or parcel map that shows construction of a level pad. 2. Construction may extend beyond the level pad for any city project. 3. Portions of structures which extend beyond the level pad and which were legally constructed prior to October 15, 1987, may be rebuilt or remodeled. However, no addition to such structures shall be permitted in any area other than the level pad. Nor shall any increase in the height or change in footprint of such structures be permitted in any area other than the level pad. Given that an R-1 Permit is a higher standard of review that is discretionary in nature and requires consideration of findings for approval, staff s reading of the existing code provisions is that the R 1 Permit does allow the Planning Commission to authorize an accessory structure to be constructed off the level pad on an estate property. To date, staff is not aware of any projects in Trousdale Estates that have sought construction off the level pad via the subject R-1 Permit; however, the subject R-1 Permit has been requested (and granted) to allow accessory structures that do not otherwise comply with minimum setback requirements for accessory structures. 244

3 LLS C Study Session on Accessory Structures on Trousdale Estates Lots Page 3 of 3 Upon initial review of the properties located in the Trousdale Estates Area, it appears that approximately one-third of Trousdale properties (around 150 properties) would qualify as estate properties and would be eligible to utilize the regulations contained in BHMC Staff is bringing this item forward to the Planning Commission to allow the Commission to discuss the existing code language and determine if there is a desire to amend the language to clarify intent. If the Planning Commission determines that applicants should be allowed to build an accessory structure off the level pad with a Trousdale R-1 Permit the Commission could consider directing staff to modify BHMC to add such accessory structures to the list of exceptions to the regulation that limits construction to the level pad. If the Planning Commission would like to make it clear that all accessory structures in Trousdale, regardless of whether they are located on estate lots, must be built on the existing level pad then the Planning Commission could direct staff to modify the language in BHMC to make it clear that the location restrictions included in BHMC apply to accessory structures approved through the Trousdale R-1 Process on estate lots. If the Commission would like to make amendments to the code language staff will return at a future date with a draft ordinance at a noticed public hearing. PUBLIC NOTICE Because it is a study session, this item does not require public notice per state law or the City s regulations; however, courtesy notices were mailed to all owners and occupants in the Trousdale Estates Area of the City on November 21, Should the Planning Commission direct staff further on this item, any future public hearings will be noticed per applicable state and local regulations. NEXT STEPS Staff is seeking Planning Commission input on the code sections described above. If the Planning Commission determines that a code amendment is necessary in order to clarify regulations pertaining to accessory structures on estate properties in Trousdale Estates, staff will return to the Planning Commission with a draft ordinance representing the desired changes. Report Reviewed By: Ryich,AICP,Atant Director of Community Dëlopment I City Planner 245

4 ATTACHMENT A BHMC 1O-3-26O3 and

5 : CONSTRUCTION RESTRICTED TO LEVEL PAD: No portion of any building or structure in Trousdale Estates shall extend beyond the level pad, except fences and hedges as permitted by section of this chapter which are open to public view as defined in article 1 of this chapter. A. Exceptions: The following exceptions shall apply to the provisions of this section: 1. This section shall not be applied to any undeveloped site which does not have a level pad and is not subject to a valid subdivision or parcel map that shows construction of a level pad. 2. Construction may extend beyond the level pad for any city project. 3. Portions of structures which extend beyond the level pad and which were legally constructed prior to October 15, 1987, may be rebuilt or remodeled. However, no addition to such structures shall be permitted in any area other than the level pad. Nor shall any increase in the height or change in footprint of such structures be permitted in any area other than the level pad : ACCESSORY BUILDINGS ON ESTATE PROPERTIES: If the area of a residential site equals or exceeds twenty four thousand (24,000) square feet, or if the area of two (2) or more contiguous lots or parcels which are owned by the same person and used as one site equals or exceeds twenty four thousand (24,000) square feet, accessory buildings to a residence may be located on any part of the site if authorized by the planning commission as part of a Trousdale R-1 permit issued in accordance with the procedures set forth in article 26.5 of this chapter. All accessory buildings approved pursuant to this section shall be immediately removed if the site is altered so that: A. The area of the site on which the accessory buildings are located is reduced below twenty four thousand (24,000) square feet, or B. The primary residential building is separated or removed from the site on which the accessory buildings are located so that the buildings or properties in question no longer function as one home or estate. 247