BEVERLY HILLS AGENDA REPORT

Transcription

1 BEVERLY HILLS Meeting Date: June 8, 2015 Item Number: i To: From: Subject: AGENDA REPORT Honorable Mayor & City Council Susan Healy Keene, AICP, Director of Community Development Ryan Gohlich, Assistant Director of Community Development Planner City AN ORDINANCE OF THE CITY OF BEVERLY HILLS REVISING AND CODIFYING RECONSTRUCTION STANDARDS RELATING TO BUILDINGS DAMAGED BY DISASTER Attachments: 1. Ordinance 2. Planning Commission Resolution 3. Summary Table of Current and Proposed Disaster Reconstruction Regulations Disaster Recovery Ordinance Disaster Recovery Ordinance 6. April 9, 2015 Planning Commission Staff Report (without attachments) 7. March 26, 2015 Planning Commission Staff Report (without attachments) 8. January 22, 2015 Planning Commission Staff Report (without attachments) RECOMMENDATION Staff recommends that the City Council move to waive the full reading of the ordinance and that the ordinance entitled an ordinance of the City of Beverly Hills revising and codifying reconstruction standards relating to buildings damaged by disaster be introduced and read by title only. INTRODUCTION The City s zoning code establishes regulations for buildings, properties and uses in the City. In the event of an emergency or natural disaster, buildings can be damaged and destroyed, necessitating reconstruction after the disaster. The City of Beverly Hills Page 1 of 9

2 Meeting Date: June 8, 2015 Disaster Reconstruction Standards currently has regulations that govern certain aspects of disaster reconstruction that were established after the 1994 Northridge earthquake; however, there is a desire to codify, update and clarify the code language related to recovery. Updating the disaster reconstruction ordinance was included as part of the 2013/2014 Fiscal Year Budget for Community Development. The attached draft ordinance updates, clarifies and codifies the existing disaster reconstruction policies. The draft ordinance does not include any substantial changes to the existing disaster reconstruction policies. The Planning Commission discussed the disaster reconstruction ordinance on January 22, 2015, March 26, 2015, and April 9, On April 9, 2015, the Planning Commission unanimously voted to recommend approval of the ordinance. This report summarizes the existing City regulations on disaster reconstruction and the changes proposed in the attached ordinance. BACKGROUND Many cities have regulations in place that govern reconstruction of buildings after a disaster. Generally, disaster recovery ordinances can: Provide development standards for the reconstruction of legally non-conforming properties after disaster, Establish a process for planning and building permitting after a disaster, and Provide for and regulate the use of temporary structures on a property. Need for a disaster recovery ordinance As described in the Safety Element of the City s General Plan, the City of Beverly Hills is located in a region that has experienced, and will experience natural disasters in the future. Several earthquake faults run through or near the City. Additionally, much of the northern portion of the City is located in a very high fire hazard severity zone. As such, it is important to have standards in place that govern the process for rebuilding after a natural disaster has occurred. The goal is to ensure resiliency and sustainable recovery of the City in case of a large scale disaster. Including disaster reconstruction standards in the zoning code can provide benefits for property owners, business owners, residents, and the City by outlining clear processes and rules that govern planning and building activities. Benefits for property owners and residents: Provide a level of expectation for rebuilding Expedite recovery time Reduce burden on property owners Reduce stress and dislocation Benefits for the City: Ensure the essential improvements in reconstructed structures Expedite the process after a disaster for recovery 1 Note: This Ordinance addresses zoning regulations after a disaster, there are also separate building code provisions that apply for disaster reconstruction. Page 2 of 9

3 Meeting Date: June 8, 2015 Disaster Reconstruction Standards Simplify enforcement activities Maintain the City s economic base Existing disaster reconstruction ordinances The City has several disaster reconstruction ordinances that were adopted in the 1 990s that are in effect but were never codified2. In 1995 the City Council adopted an ordinance that established a program to facilitate the reconstruction of buildings after a disaster. This Disaster Recovery Ordinance established a Disaster Reconstruction Permit, that allows the owner of any building which has been damaged by a disaster to the extent of more than 50% of the building s replacement value, to repair and reconstruct the building according to specific standards set forth in the ordinance. In 1998, the City Council adopted a second ordinance, which amended the 1995 disaster recovery ordinance. The provisions of the disaster reconstruction ordinances only go into effect when there has been an emergency declared by the City Council. The ordinances adopted during the 1990s, as well as the changes proposed in the attached Draft Ordinance, attempt to balance several goals that should be considered after a community-wide disaster. These goals include: Retain housing units and commercial spaces in the City so residents and businesses are not displaced, Create processes to help residents and businesses rebuild and reestablish as quickly as possible after a disaster, Encourage non-conforming buildings to come into compliance with current regulations when appropriate, Preserve the existing community character of the City, and Ensure City resiliency and continuation of economic base. The Disaster Reconstruction Permit and related standards would only be available to property owners if a state of emergency is declared by the City Council, except in the case of multiple-family residential structures, which are separately regulated by state law (see page 4 of this report). Prior to the adoption of the ordinance in 1995, if a structure was destroyed during a disaster, any new development on the site would have had to conform to all existing zoning laws. This meant that existing legally nonconforming structures, such as commercial buildings taller than three stories, could not be rebuilt to the height, mass, or density of the building that existed prior to the disaster. The 1995 ordinance attempted to balance competing objectives related to land use and community character. If widespread disaster were to strike and a state of emergency were declared, the natural implementation of the City s planning and zoning standards would be interrupted through the activation of this ordinance. The activation of the ordinance would permit rebuilding after a disaster with an understanding that it may be more valuable and practical to allow buildings to be rebuilt as they were in order to 2 The Disaster Reconstruction Ordinance should not be confused with the Seismic Safety Ordinance (1992), which lays out a series of standards to make existing unreinforced masonry buildings safer during earthquakes and allows existing buildings to be demolished and replaced with a new structure of comparable size and constructed in accordance with modern engineering standards. Page 3 of 9

4 Meeting Date: June 8, 2015 Disaster Reconstruction Standards maintain the current character of the community, rather than requiring that they meet current code. Allowing building owners to replace existing buildings in kind could help retain the existing community character (for example, taller buildings along Wilshire Boulevard) and also help retain the economic base of the City. For example, if the legally non-conforming buildings along Wilshire were damaged and were not able to rebuild to current height and density, the City could lose substantial commercial space and many businesses would be forced to relocate out of the City. Additionally, because of changes in parking and height standards, it may not be economically viable for a developer to redevelop the land to current code, which could result in vacant and underutilized properties after a disaster. In 1998 the City Council adopted a second ordinance, which amended the 1995 disaster recovery ordinance. A table summarizing the standards that were established in 1995 and 1998 is included in Attachment 4 and details are provided below. Reconstruction of non-conforminii commercial and multi-family structures: Currently, the regulations in the Disaster Recovery Ordinance allow non-conforming commercial and multi-family structures to rebuild under the following conditions: Commercial building: o o o The floor area of replacement structure must be equal or less than original structure The footprint of the replacement structure is within the footprint of original structure The height envelope of the replacement structure is within the height envelope of the original structure. Multi-family building3: o o o o o The footprint of the replacement structure is within the footprint of the original structure The height envelope of the replacement structure is within the height envelope of the original structure The aggregate floor area in the replacement structure is equal to or less than the aggregate floor area of the original structure The average unit size in the replacement structure is equal to or greater than the average unit size of the original structure The number of units in the replacement structure is equal to or less than the number of units in the original structure Parking is a common deficiency of older developments in the City, many of which were developed when parking requirements were different than today. In order to address the Additionally, owners of multiple-family buildings that are damaged for reasons other than a declared City disaster (such as a fire) may also take advantage of the disaster reconstruction standards outlined in the ordinance. Senate Bill 2112 mandates that local agencies allow the like for like rebuilding of non-conforming multiple-family residential structures, regardless of whether a state of emergency has been declared. The intent of the law is to preserve housing stock in the State. Page 4 of 9

5 Meeting Date: June 8, 2015 Disaster Reconstruction Standards non-conforming parking of some buildings that would be reconstructed, the current ordinance contains the following parking requirements: Commercial building: a commercial building that is non-conforming in terms of parking may be rebuilt without providing additional parking if the building meets the current code limitations on height and floor area ratio. If the applicant is seeking to rebuild the commercial building back to a non-conforming height or floor area ratio, the applicant must provide all current code required parking. Multi-family building: a multi-family residential building must provide one additional parking space for each unit repaired or reconstructed in excess of the current density limitations of the Municipal Code. Because it may be difficult to reconstruct older buildings with more parking than previously provided due to financial or space constraints, the current Ordinance provides two options for applicants that wish to request a reduction or waiver of these parking requirements: 1. An applicant may request that the Planning Commission waive or reduce this parking requirement if the Commission determines that a waiver or reduction is necessary because: a. the property cannot physically accommodate additional parking, or b. it is necessary to prevent undue economic hardship for the permittee. 2. An applicant may request to reconstruct a building so that it extends beyond the pre-damage height envelope or pre-damage building footprint, but not beyond the pre-damage total height or minimum setbacks of the damaged building in order to provide the code required parking. For example, if an applicant was seeking to rebuild a multifamily building that previously had a penthouse unit that occupied 30% of the third story, the applicant could request to build a full third story in the reconstructed building in order to accommodate some or all of the code required parking. The applicant would not be able to request to build a four-story building, because that would be higher than the total height of the structure before it was damaged. Reconstruction of non-conforming single family homes: Currently, City regulations allow non-conforming single family homes to be reconstructed under the following conditions: The structure cannot exceed existing or former floor area, The structure height must be entirely within the envelope of the existing or former building, The structure setbacks must be entirely within the footprint of the existing or former building, Parking must meet current parking requirements, and Page 5 of 9

6 Meeting Date: June 8, 2015 Disaster Reconstruction Standards Fees: The amount of front yard paving must meet current code requirements, however, a Minor Accommodation may be granted to accommodate code-required parking. The 1995 ordinance exempted applicants from Planning and Architectural Application fees as part of a repair or reconstruction effort after a disaster. Repair and reconstruction of buildings damaged by a disaster are also exempt from the fine art requirements in the Beverly Hills Municipal Code. Temporary structures: For a period of six months after the declaration of an emergency the Director may issue permits to construct and utilize temporary structures for the purpose of housing a use in a zone in which the use is otherwise prohibited or conditionally permitted. The permit shall be issued upon determining that the temporary structure will serve a public need and will be compatible with the neighborhood. The Director may impose an expiration date on the permit. A building owner may also request a permit to construct and utilize a temporary structure for a period of 90 days to house the use that previously occupied a building if the building the use occupied cannot be lawfully occupied due to damage. The allowance of temporary structures after a disaster can help residents stay in the City after a disaster and can help businesses continue to operate should their permanent structures need repair. Multiple family residential structures that are involuntarily damaged for reasons other than a disaster: Owners of multiple-family buildings that are damaged for reasons other than a declared City disaster (such as a fire) may also take advantage of the disaster reconstruction standards outlined in the ordinance. Senate Bill 2112 mandates that local agencies allow the like-for-like rebuilding of non-conforming multiple-family residential structures, regardless of whether a state of emergency has been declared. DISCUSSION At its study session and public hearings, the Planning Commission discussed the existing reconstruction regulations and changes that could help to enhance the existing reconstruction regulations. The following is a summary of changes to existing regulations that are contained in the draft ordinance. Codification of Ordinance language The City s existing reconstruction regulations are not codified and are often difficult for property owners to locate. The attached draft ordinance would cause the disaster reconstruction regulations of the City of Beverly Hills to be incorporated into the Beverly Hills Municipal Code as Article 46 in Chapter 3 of Title 10. Page 6 of 9

7 Meeting Date: June 8, 2015 Disaster Reconstruction Standards Minor chan.ges to update code language The Draft Ordinance includes minor language changes that have been made to ensure that the ordinance is in compliance with the current structure and practices of the Community Development Department. For example, outdated staff titles have been updated to reflect the current structure of the Department. These do not represent substantive changes to the regulations contained in the Ordinance. Design Review for single family development At the time the original Disaster Reconstruction Ordinance was written there was no design review process for single-family homes in the Central Area of the City. The attached draft Ordinance includes language to require homes constructed pursuant to the Disaster Reconstruction Permit to be subject to a design review process. Given that there could be a large number of homes that require design review in the months after a major disaster, it may be appropriate to establish a modified design review process. Staff is currently working to develop this process for post-disaster recovery that will be outlined in the Director s Guidelines for Post Disaster Reconstruction. This Guidelines document is currently being developed. It is important that the design review requirement does not overly burden residents of the City or greatly delay the ability of residents to rebuild their homes. Once a draft policy has been developed, staff will return to the Planning Commission with the Director s Guidelines for approval. Time limit extended for temporary structures and uses Current regulations allow the Director of Community Development to issue permits after a declared disaster to allow temporary uses and temporary structures. The Director may allow: A use in an area where the use is usually not allowed or conditionally permitted, for a period of time established by the Director, as long as the Director determines that the use will serve a public need and will be compatible with neighboring uses. Examples could include the Director allowing the storage of building and construction materials on a commercial or residentially zoned property in order to make these materials available for rebuilding. A temporary structure to house a use that was previously in a structure that cannot lawfully be occupied due to damage, for a period of 90 days. The Planning Commission expressed support for the establishment of a uniform time period for temporary structures and temporary uses after a disaster that is longer than 90 days. The Draft Ordinance includes language (see page 15) that establishes a period of 180 days with an optional 180-day extension for both temporary uses and temporary structures. Clarification on Fine Arts Fee waiver Currently, new commercial, industrial, or mixed-use buildings that are valued over $500,000 have an obligation to provide fine art, as required by Beverly Hills Municipal Code Section The existing disaster recovery regulations waive the Fine Arts Page 7 of 9

8 Meeting Date: June 8, 2015 Disaster Reconstruction Standards Requirement for buildings that are rebuilt after a disaster. Planning staff worked with Community Services staff to clarify the language in the Disaster Recovery Ordinance and bring it into conformance with the new Fine Art Ordinance that was adopted in early Clarification on request for reduction in commercial structures parking requirements for multi-family and There was a request by a commissioner during the Planning Commission study session to clarify language in the existing reconstruction ordinance that governs the ability of the Planning Commission to waive or reduce the number of parking spaces required for multi-family and commercial buildings reconstructed after a disaster. The ordinance language was adjusted to clarify that a building owner can only request to build outside the existing building envelope for the purpose of providing all code required parking onsite. Development of Disaster Reconstruction Administrative Guidelines The zoning regulations pertaining to disaster recovery and rebuilding should be outlined in the zoning code, however, internal policies related to procedures after a disaster are more appropriately outlined in a policy document. Staff recommends the creation of a guidelines document that outlines any procedures and policies related to planning operations after a disaster. This guidelines document could address issues such as: The entitlement process immediately following a disaster if there are a large number of applicants at one time, or The establishment of a one stop shop for permitting after a disaster. The creation of this policy document will require more research into best practices as well as consultation with various departments in the City. Staff would return to the Planning Commission for another study session on the proposed guidelines document as well as for final approval of the document. GENERAL PLAN CONSISTENCY The Safety Element of the General Plan contains language on disaster recovery including Goal Post Disaster Reconstruction which calls for the City to participate in the development of programs and procedures that emphasize coordination between appropriate public agencies and private entities to remove debris and promote rapid reconstruction following a disaster event. Updating and codifying the disaster reconstruction regulations can help aid coordination between public and private agencies in order to promote rapid reconstruction following a disaster. Further, allowing the reconstruction of existing legally non-conforming buildings after a disaster meets Land Use Policy LU 2.1 City Places: Neighborhoods, Districts, and Corridors which calls for the maintenance and enhancement of the character, built form, scale and aesthetic qualities of the City s distinctive residential neighborhoods, business districts, corridors, and open spaces. Page 8 of 9

9 Meeting Date: June 8, 2015 Disaster Reconstruction Standards Hazard Mitigation Action Plan The City s Hazard Mitigation Plan was adopted by the City in 2010 and by FEMA in This plan specifically promotes policies and programs designed to protect the public, crucial facilities, infrastructure, private and public property and the environment from natural and manmade hazards. The plan is currently being updated by staff and is expected to be considered by the City Council and reviewed by FEMA sometime in late Staff will work to ensure that the recommendations from the Planning Commission are integrated into the Hazard Mitigation and Action Plan as appropriate. ENVIRONMENTAL ANALYSIS The Amendments have been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq.( CEQA ), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.), and the City s Local CEQA Guidelines (hereafter the Guidelines ). The Planning Commission finds that adoption of the Amendments will not have a significant environmental impact and is exempt from CEQA pursuant to Section of Title 14 of the California Code of Regulations because the Amendments represent minor alterations in land use limitations and do not result in any changes in land use or density. FISCAL IMPACT The proposed Ordinance continues the existing policy of waiving fees for planning review after a disaster. This will result in unrecovered costs of processing the various applications after a disaster. Susan Healy Keene, AICP Page 9 of 9

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11 AN ORDINANCE OF THE CITY Of BEVERLY HILLS REVISING AND CODIFYING RECONSTRUCTION STANDARDS RELATING TO BUILDINGS DAMAGED BY DISASTER THE CITY COUNCIL Of THE CITY Of BEVERLY HILLS HEREBY ORDAINS AS FOLLOWS: Section 1. On March 26, 2105 and April 9, 2015, the Planning Commission held a duly noticed public hearing after which it adopted Resolution No. 1744, recommending that the City Council amend portions of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code to establish disaster recovery regulations (collectively, the Amendments ). On the City Council held a duly noticed public hearing, received public testimony, and thereafter introduced this Ordinance. Section 2. The Amendments have been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq.( CEQA ), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.), and the City s Local CEQA Guidelines (hereafter the Guidelines ). The City Council finds that adoption of the Amendments will not have a significant environmental impact and is exempt from CEQA pursuant to Section of Title 14 of the California Code of Regulations because the Amendments represent minor alterations in land use limitations and do not result in any changes in land use or density. Further, the ordinance would apply City-wide, which has average slopes of not more than 20%. Section 3. The Amendments are consistent with the objectives, principles, and standards of the General Plan. Specifically, the Amendments implement General Plan Policy S Ordinance No B07$5-0009\ v1.doc

12 Post-disaster Reconstruction which calls for the development of programs and procedures that emphasize coordination between appropriate public agencies and private entities to remove debris and promote rapid reconstruction after a disaster. Section 4. The City Council hereby adds a new Article 46 to Chapter 3 of Title 10 of the Beverly Hills Municipal Code to read as follows: ARTICLE 46: DISASTER RECONSTRUCTION PERMIT: : PURPOSE This Article establishes a program to facilitate reconstruction of commercial and residential areas after a disaster. This Article does not amend or allow exemptions from the City s technical codes, including, without limitation, the City s building, fire, electrical, mechanical, and plumbing codes : APPLICATION Of REGULATIONS Notwithstanding any provision of Title 10, Chapter 3 of the Beverly Hills Municipal Code, in the event of a disaster for which the Mayor or the City Council has declared or ratified a state of emergency, the zoning regulations set forth in this Article shall apply. Additionally, any provision of Title 10, Chapter 3 which does not conflict with the provisions of this ordinance shall continue to apply : DEfINITIONS Aggregate floor Area shall mean the sum of the floor areas of all independent living quarters of a structure. Building footprint or Footprint shall mean that portion of a site covered by a building. Disaster shall mean any fire, flood, storm, earthquake or other occurrence for which the Mayor or the City Council has declared or ratified a state of emergency. Height Envelope shall mean the outline of a building indicating the height of the building at each point within the building footprint. Multiple-family Residential Dwelling shall mean any building designed for human habitation that is legally divided into two or more independent living quarters. Residential Building shall mean a building designed for human habitation or a building accessory to a building designed for human habitation. -2- B \ v1.doc

13 Then Current shall mean at the time a Disaster Reconstruction Permit under this Article is applied for : DISASTER RECONSTRUCTION PERMIT. The owner of any building which has been damaged by a disaster to the extent of more than fifty percent (50%) of its replacement value may obtain a permit to repair or reconstruct such building in accordance with the standards contained in this Article. A building shall be considered damaged to the extent of more than fifty percent (50%) of its replacement value if the cost to repair the building exceeds fifty percent (50%) of the cost of replacing the damaged structure with a new structure of the same size, construction material and occupancy on the same site, as determined by the Director of Community Development : TIME LIMITS FOR PERMIT APPLICATION A. After a disaster, applications for a permit to repair or reconstruct a building located in a nonresidential, multiple-family residential, or RMCP zone pursuant to the provisions of this Article shall be submitted to the Community Development Department within two years after the date that the Mayor or the City Council declared or ratified a state of emergency as a result of such disaster. After a disaster, applications for a permit to repair or reconstruct a building located in a single-family residential zone pursuant to the provisions of the Ordinance shall be submitted to the Community Development Department within five years after the date that the Mayor or the City Council declared or ratified a state of emergency as a result of such a disaster. Nothing contained in this section shall be construed to alter the time limits set forth in Chapter 6 of Title 9 of the Beverly Hills Municipal Code concerning the completion of disaster repairs in compliance with the City s building code and other technical codes : REPAIR STANDARDS FOR NONCONFORMING RESIDENTIAL BUILDINGS LOCATED TN RESIDENTIAL AREAS. The following standards shall govern the repair or reconstruction of residential buildings which are located in residential zones and do not conform to the then current City zoning ordinances, provided that the repair or reconstruction is performed pursuant to a permit issued under the authority of this Article. A. Structures in Single family Residential Zones. The permittee may repair or reconstruct a building in such a maimer that: 1. The floor area of the replacement structure is equal to or less than the floor area of the original structure as it is determined by the City; 2. The footprint of the replacement structure is within the footprint of the original structure as it is determined by the City; 3. The height envelope of the replacement structure is within the height envelope of the original structure as it is determined by the City. -3- B07$5-0009\1 $33222v I doc

14 Any pemlittee who repairs or reconstructs a building in a single-family residential zone under the provisions of this Article shall provide parking for the replacement or reconstructed building pursuant to the then current Beverly Hills Municipal Code. The permittee may request a reduction of the applicable parking requirements by making application to the Community Development Department for a minor accommodation pursuant to Title 10, Chapter 3. Article 36, of the Beverly Hills Municipal Code. The Director of Community Development may reduce the applicable parking requirements if the Director determines that such a reduction: (1) is necessary because the subject property cannot physically accommodate additional parking; or (2) is necessary to prevent undue economic hardship for the pennittee. The Director of Community Development shall not reduce the applicable parking requirements to less than the legal number of spaces that was on the subject site prior to the disaster. The front yard paving restrictions specified in Section , Section , or Section of Chapter 3 of Title 10 of the Beverly Hills Municipal Code (or their successor sections) shall apply to any repair or reconstruction in a single-family residential zone pursuant to this Ordinance. The permittee may request a relaxation of the foregoing restrictions by making application to the Department of Community Development for a minor accommodation pursuant to Title 10, Chapter 3, Article 36, of the Beverly Hills Municipal Code. The Director of Community Development may relax the foregoing paving restrictions if the Director determines that such a relaxation: (1) is necessary because the subject property cannot otherwise physically accommodate the parking required under this Section; (2) the required parking under this Section is in excess of the legal number of spaces that was on the subject site prior to the disaster, (3) such relaxation will help to provide additional necessary parking; and (4) such paving will be compatible with the character of the adjacent streetscape. The City shall determine the pre-damage parameters of the building which define the legally permitted scale of such building. Those parameters include, but are not limited to, the building s envelope, footprint, parking, and floor area. Such determination shall be based on the records of the City, as well as any additional information provided by the owner pursuant to a request by the Director of Community Development. No building shall be repaired or reconstructed in a single-family residential zone under the provisions of this Ordinance except in conformity with the design review requirements specified in the Director s Guidelines for Disaster Reconstruction. B. Structures in Multiple family Residential Zones. 1. No building shall be repaired or reconstructed pursuant to this subsection B except in conformity with the architectural review requirements of Title 10, Chapter 3, Article 30 of the Beverly Hills Municipal Code. 2. The permittee may repair or reconstruct a building in such manner that the footprint of the replacement structure is within the footprint of the original structure as it is determined by the City. -4- B \ v I.doc

15 3. The permittee may repair or reconstruct a building in such manner that the height envelope of the replacement structure is within the height envelope of the original structure as it is determined by the City. 4. The permittee may reconstruct a garage in the rear yard of a property if the City determines that a rear yard garage existing prior to the disaster. The repaired or rebuilt garage shall be in the same location as the original garage as determined by the City. 5. The permittee may repair or reconstruct a building in such manner that the aggregate floor area in the replacement structure is equal or less than the aggregate floor area of the original structure as it is determined by the City. 6. The permittee may repair or reconstruct a building in such manner that the average unit size in the replacement structure is equal to or greater than the average unit size of the original structure as it is determined by the City. 7. The permittee may repair or reconstruct a building in such manner that the number of units in the replacement structure is equal to or less than the number of units in the original structure as it is determined by the City. 8. Excluding the parking required by paragraph (10) of subsection B of this Section, the permittee may repair or reconstruct a building, but only in such manner that the replacement structure is no more deficient in required numbers of parking spaces under the parking requirements of the then current Beverly Hills Municipal Code than the original structure may have been under the parking requirements of the then current Beverly Hills Municipal Code. 9. The City shall determine the pre-damage parameters of the existing building which define the legally permitted scale of the replacement structure. Those parameters include, but are not limited to, the building s envelope, footprint, parking, floor area, and number of dwelling units. Such determination shall be based on the records of the City, as well as any additional information provided by the owner pursuant to a request by the Director of Community Development. 10. for each unit repaired or reconstructed in excess of the then current density limitations of the Beverly Hills Municipal Code, the permittee shall provide one additional parking space up to the amount of parking otherwise required by the then current Beverly Hills Municipal Code for the replacement building. The permittee may request a reduction of this parking requirement by making application to the Planning Commission for Development Plan Review pursuant to Title 10, Chapter 3, Article 31, of the Beverly Hills -5- B07$5-0009\1 $33 222v I.doc

16 Municipal Code. The Planning Commission may reduce or waive this parking requirement it makes the findings required to issue a Development Plan Review Permit and findings required to issue a Development Plan Review Permit and additionally determines that such a waiver or reduction: (1) is necessary because the subject property cannot physically accommodate additional parking; or (2) is necessary to prevent undue economic hardship for the permittee. In lieu of granting a waiver or reduction, the Planning Commission may, upon request by the permittee, allow the permittee to repair or reconstruct the building so that the building extends beyond the pre-damage height envelope or footprint, but not beyond the pre-damage maximum height or minimum setback, for the sole purpose of accommodating all code required parking on the site. if Unless the permittee requests a reduction in the parking required by this section, or requests a building design that exceeds the height envelope or building footprint, the permittee shall not be required to obtain a Development Plan Review Permit in order to reconstruct the building. Nothing in this subsection shall be construed to require the permittee to provide more parking than is required by the then current Beverly Hills Municipal Code for the replacement building, nor shall this subsection be construed to permit a building to be repaired or reconstructed without providing at least the number of parking spaces provided prior to the damage to the building. C. Rental Units Whenever the permittee repairs or reconstructs rental units, such units shall remain subject to the City s rent control laws. However, notwithstanding any other provisions of the Beverly Hills Municipal Code, any tenant required to vacate the rental unit due to damage or destruction, or due to repair or reconstruction of the unit, shall be provided a right of first refusal to reoccupy the unit : REPAIR STANDARDS FOR NONCONFORMING BUILDINGS LOCATED N COMMERCIAL ZONES. The following standards shall govern the repair or reconstruction of buildings which are located in a non-residential zone, and non-residential buildings located in a residential zone, that do not conform to then current City zoning ordinances, provided that the repair or reconstruction is performed pursuant to a permit issued under the authority of this Article. A. The permittee may repair or reconstruct a building in such manner that: The floor area of the replacement structure is equal to or less than the floor area of the original structure as it is determined by the City; -6- B07$5-0009\1 $33222v1.doc

17 The footprint of the replacement structure is within the footprint of the original structure as it is determined by the City; The height envelope of the replacement structure is within the height envelope of the original structure as it is determined by the City. The City shall determine the pre-damage parameters of the building which define the legally permitted scale of such building. Those parameters include, but are not limited to, the building s envelope, footprint, parking, and floor area. Such determination shall be based on the records of the City, as well as any additional information provided by the owner pursuant to a request by the Director of Community Development. B. C. D. No building shall be repaired or reconstructed pursuant to this section except in conformity with the architectural review requirements of Title 10, Chapter 3, Article 30, of the Beverly Hills Municipal Code. No building shall be repaired or reconstructed in such manner that the height exceeds the then current maximum height permitted by the Beverly Hills Municipal Code unless a Development Plan Review authorizing the additional height is first approved pursuant to the provisions of Title 10, Chapter 3, Article 31, of the Beverly Hills Municipal Code. Any permittee who repairs or reconstructs a building which is located in a commercial zone and which does not meet the then current parking requirements of the Beverly Hills Municipal Code, may repair or reconstruct that building without providing additional parking if the replacement building does not exceed then current Beverly Hills Municipal Code limitations on height and floor area ratio. However, if a permittee repairs or reconstructs a building in such manner that the height exceeds the then current maximum height permitted by the Beverly Hills Municipal Code, or in such manner that the floor area ratio exceeds the then current maximum floor area ratio permitted by the Beverly Hills Municipal Code, then the permittee shall provide parking for the replacement building as required by the then current Beverly Hills Municipal Code. The Planning Commission may reduce or waive this parking requirement as part of its consideration of the permittee s Development Plan Review application if the Planning Commission determines that such a waiver or reduction: (1) is necessary because the subject property cannot physically accommodate additional parking; or (2) is necessary to prevent undue economic hardship for the permittee. In lieu of granting a waiver or reduction, the Planning Commission may, upon request by the permittee, allow the permittee to repair or reconstruct the buildings so that the building extends beyond the pre-damage height envelope or footprint, but -7- B07$5-0009\ v I.doc

18 not beyond the pre-damage maximum setback, for the sole purpose of accommodating parking on the site. Nothing in this subsection shall be construed to require the permittee to provide more parking than is required by the then current Beverly Hills Municipal Code for the replacement building nor, shall this subsection be construed to permit a building to be repaired or reconstructed without providing at least the number of parking spaces provided prior to the damage of the building : DEVELOPMENT PLAN REVIEW EXEMPTION FOR CONFORMING BUILDINGS. The repair or reconstruction of a building damaged by a disaster shall be exempt from the development plan review requirements of Title 10, Chapter 3, Article of the Beverly Hills Municipal Code provided that the damaged building conformed to all of the zoning provisions of the Beverly Hills Municipal Code at the time of the disaster and the repaired or reconstructed building does not exceed the height or floor area of the original building, as determined by the city : REPAIR STANDARDS FOR ALL STRUCTURES. 31 Notwithstanding any other provision of this Ordinance, all permittees shall repair or reconstruct damaged buildings in such manner as to conform to any legislation which, in the opinion of the Director of Community Development, is designed to prevent or ameliorate the type of damage generally caused by the disaster. Section : EXEMPTION FROM APPLICATION FEES AND FINE ART ORNAMENTATION REQUIREMENTS No application fee shall be required as a condition of any application for Planning Department approval, Architectural Commission approval or Planning Commission approval to repair or reconstruct any building damaged by disaster. In addition, the repair or reconstruction of any building damaged by a disaster shall be exempt from the fine art ornamentation requirements set forth in Title 3, Article Chapter provided fine art to fulfill the requirements of the Beverly Hills Municipal Code shall 1, 8 of the Beverly Hills Municipal Code. Buildings that previously : TEMPORARY STRUCTURES. Beginning on the date of the declaration of emergency by the Mayor or City Council, and for a period of six months thereafter the Director of Community Development may issue: (1) a permit to construct and utilize a temporary structure for the purpose of housing a use in a zone in which the use is otherwise prohibited or conditionally replace any destroyed fine art as set forth in Beverly Hills Municipal Code Section B \1$33222v1.doc

19 permitted if it can be determined that the proposed temporary structure will serve a public need and will be compatible with neighboring uses and, (2) a permit to construct and utilize a temporary structure if a building may not lawfully be occupied due to damage to the building, the owner of the building may request for the purpose of housing the use that previously occupied the building if it can be determined that the proposed temporary structure will not be detrimental to the public health or safety. Permits for temporary structures and temporary uses shall remain valid for 180 days after issuance. Permittees may request one of Community Development day extension from the Director : RECONSTRUCTION OF MULTIPLE-FAMILY RESIDENTIAL DWELLINGS INVOLUNTARILY DAMAGED FOR REASONS OTHER THAN A DISASTER Notwithstanding any other provisions of this Ordinance or any provision of the Beverly Hills Municipal Code, and without a declaration of emergency by the Mayor or the City Council, the owner of any multiple-family residential dwelling that is involuntarily damaged or destroyed by fire, other catastrophic event, or the public enemy may repair or reconstruct such dwelling pursuant to this Section if the owner obtains a building permit for the repair or reconstruction within two years after the damage or destruction. A. B. Determination of Specifications. If a multiple-family residential dwelling is destroyed by fire, other catastrophic event or the public enemy, the City shall determine the pre-damage parameters of the dwelling which define the legally permitted scale of such dwelling. Those parameters include, but are not limited to, the dwelling s height envelope, footprint, parking, floor area, and number of dwelling units. Such determination shall be based on the records of the City, as well as any additional information provided by the owner pursuant to Development. Development Plan Review a request by the Director Community No building shall be repaired or reconstructed pursuant to this Section except in conformity with the Development Plan Review requirements contained in Title Municipal Code. 10, Chapter 3, Article 31, of the Beverly Hills Unless the Planning Commission otherwise conditions the repair or reconstruction pursuant to this Development Plan Review process, the owner may repair or reconstruct the dwelling in such maimer that: a. b. The average unit size in the replacement structure is equal to or greater than the average unit size of the original structure as it is determined by the City; The height envelope of the replacement structure is within the height envelope of the original structure as it is determined by the City; $5-0009\ v] doc

20 c. The footprint of the replacement structure is within the footprint of the original structure as it is determined by the City; d. The aggregate floor area of the replacement structure is equal to or less than the aggregate floor area of the original structure as it is determined by the City; e. A garage may be rebuilt in the rear yard of a property if the existence of a rear yard garage is verified by the City, provided that the replacement garage shall be in the same location as the original garage. 3. However, the Planning Commission may not impose any condition upon the repair or reconstruction which would prohibit the repair or reconstruction of the aggregate floor area of the original building or would prohibit repair or reconstruction of the total number of dwelling units of the original building, unless the Planning Commission determines that: a. The repair or reconstruction will be detrimental or injurious to the health, safety, or general welfare of persons residing or working in the neighborhood, or will be detrimental or injurious to property and improvements in the neighborhood; or b. The existing nonconforming use of the building or structure would be more appropriately moved to a zone in which the existing nonconforming use is permitted. C. Parking For each unit repaired or reconstructed in excess of the then current density limitations of the Beverly Hills Municipal Code, the permittee shall provide one additional parking space up to the amount of parking otherwise required by the then current Beverly Hills Municipal Code for the replacement building. The Planning Commission may reduce or waive this parking requirement as part of its approval of the permittee s Development Plan Review application if the Planning Commission determines that such a waiver or reduction: (1) is necessary because the subject property cannot physically accommodate additional parking; or (2) is necessary to prevent undue economic hardship for the permittee. In lieu of granting a waiver or reduction. the Planning Commission may, upon request by the permittee, allow the permittee to repair or reconstruct the building so that the building extends beyond the pre-damage height envelope or footprint, but not beyond the pre-damage maximum height or minimum setback, for the sole purpose of accommodating parking the site. Nothing in this subsection shall be construed to require the permittee to provide more parking this is required by the then current Beverly Hills Municipal Code for the replacement building, nor shall this subsection be construed to permit a building to be repaired or reconstructed without providing at least the number of parking spaces provided prior to the damage to the building B07$5-0009\ I $33222v I.doc

21 D. Rental Units Whenever an owner repairs or reconstructs rental units pursuant to this Section, such units shall remain subject to the City s rent control laws. However, notwithstanding any other provision of the Beverly Hills Municipal Code, any tenant required to vacate a rental unit due to damage or destruction, or due to repair or reconstruction of the unit, shall be provided a right of first refusal to occupy the unit : ABANDONMENT Of RIGHTS The failure to obtain a building permit for the repair or reconstruction of a building within two (2) years after issuance of a permit pursuant to this Ordinance shall constitute an abandonment of such permit. Additionally, expiration of the building permit to repair or reconstruct a building damaged by a disaster shall also constitute an abandonment of the permit issued pursuant to this Ordinance. Upon abandonment, all rights granted by the permit shall lapse and the property affected thereby shall be subject to all provisions of Title 10, Chapter 3 of the Beverly Hills Municipal Code. Nothing contained in this section shall be construed to alter the time limits set forth in Chapter 6 of Title 9 of the Beverly Hills Municipal Code concerning the completion of disaster repairs in compliance with the City s building code and other technical codes. Section 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this Ordinance shall be and remain in full force and effect. Section 6. Publication. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage in accordance with Section of the Government Code, shall certify to the adoption of this Ordinance, and shall cause this Ordinance and his certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City B \ v1.doc

22 Section 7. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:0 1 a.m. on the thirty-first (31st) day after its passage. Adopted: Effective: ATTEST: JULIAN A. GOLD, M.D. Mayor of the City of Beverly Hills, California BYRON POPE City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: L URENCE S. WIENERMAHDI ALUZRI City Attorney Interim City Manager SAN HALYE E Director of Community Development -12- B \ v1.doc

23 CD (1) 0 D CD

24 RESOLUTION NO A RESOLUTION Of THE PLANNING COMMISSION Of THE CITY Of BEVERLY HILLS RECOMMENDING ADOPTION Of AN ORDINANCE Of THE CITY OF BEVERLY HILLS REVISING AND CODIFYING RECONSTRUCTION STANDARDS RELATING TO BUILDINGS DAMAGED BY DISASTER. WHEREAS, the Planning Commission has considered the proposed amendment to the City of Beverly Hills Municipal Code, as set forth and attached hereto as Exhibit A and more fully described below (the Amendments ); and WHEREAS, the Planning Commission conducted a duly noticed public hearing on March 26, 2015, at which time it received oral and documentary evidence relative to the proposed Amendments; and WHEREAS, the Planning Commission finds that the proposed Amendments are required for the public health, safety, and general welfare, and that such Amendments are consistent with the general objectives, principles, and standards of the Generai Plan; resolve as follows: NOW. THEREFORE, the Planning Commission of the City of Beverly Hills does Section 1. The Amendments have been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq.( CEQA ), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections

25 15000, et seq.), and the City s Local CEQA Guidelines (hereafter the Guidelines ). The Planning Commission recommends that the City Council find that adoption of the Amendment will not have a significant environmental impact and is exempt from CEQA pursuant to Section of Title 14 of the California Code of Regulations because the Amendments represent minor alterations in land use limitations and do not result in any changes in land use or density. Section 2. As proposed, the Amendments to the Beverly Hills Municipal Code in Exhibit A would revise and codify the disaster recovery provisions of the City of Beverly Hills. The revisions consist of minor language changes to bring the program into conformance with the current structure and practices of the Community Development Department. An additional revision would extend the amount of time that a temporary structure or use, as allowed by the program, can be in place after a disaster from 90 days to 180 days, with the possibility of a one time I $0-day extension. Section 3. The Amendments are consistent with the objectives, principles, and standards of the General Plan. General Plan Policy S Post-disaster Reconstruction calls for the development of programs and procedures that emphasize coordination between appropriate public agencies and private entities to remove debris and promote rapid reconstruction after a disaster. Section 4. The Planning Commission does hereby recommend to the City Council the adoption of an ordinance approving and enacting the proposed Amendments substantially as set forth in Exhibit A, which is attached hereto and incorporated herein by reference. 7

26 Section 5. The Secretary of the Planning Commission shall certify to the passage, approval, and adoption of this resolution, and shall cause this resolution and hisfher Certification to be entered in the Book of Resolutions of the Planning Commission of the City. Adopted: April 9, 2015 Howard Fisher Chair of the Planning Commission of the City of Be e ly Hills, California Attest: 7 -- lich of the Planning Commission as to form: David M. Snow Assistant City Attorney Approved as to content: Dhhch Assistant Director of Community DevelopmentlCity Planner h: 3

27 EXHIBIT A

28 [DRAFT] ORDNANCE NO. 15- AN ORDINANCE Of THE CITY Of BEVERLY HILLS REVISING AND CODIFYING RECONSTRUCTION STANDARDS RELATING TO BUILDINGS DAMAGED BY DISASTER THE CITY COUNCIL Of THE CITY OF BEVERLY HILLS HEREBY ORDAINS AS FOLLOWS: Section 1. On, the Planning Commission held a duly noticed public hearing after which it adopted Resolution No., recommending that the City Council amend portions of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code to establish disaster recovery regulations (collectively, the Amendments ). On, the City Council held a duly noticed public hearing, received public testimony, and thereafter introduced this Ordinance. Section 2. The Amendments have been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq.( CEQA ), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.), and the City s Local CEQA Guidelines (hereafter the Guidelines ). The City Council finds that adoption of the Amendments will not have a significant environmental impact and is exempt from CEQA pursuant to Section of Title 14 of the California Code of Regulations because the Amendments represent minor alterations in land use limitations and do not result in any changes in land use or density. Further, the ordinance would apply City-wide, which has average slopes of not more than 20%.

29 Section 3. The Amendments are consistent with the objectives, principles, and standards of the General Plan. Specifically, the Amendments implement General Plan Policy S Post-disaster Reconstruction which calls for the development of programs and procedures that emphasize coordination between appropriate public agencies and private entities to remove debris and promote rapid reconstruction after a disaster. Section 4. The City Council hereby adds a new Article 46 to Chapter 3 of Title 10 of the Beverly Hilts Municipal Code to read as follows: ARTICLE 46: DISASTER RECONSTRUCTION PERMIT: : PURPOSE This Article establishes a program to facilitate reconstruction of commercial and residential areas after a disaster. This Article does not amend or allow exemptions from the City s technical codes, including, without limitation, the City s building, fire, electrical, mechanical, and plumbing codes : APPLICATION Of REGULATIONS Notwithstanding any provision of Title 10, Chapter 3 of the Beverly Hills Municipal Code, in the event of a disaster for which the Mayor or the City Council has declared or ratified a state of emergency, the zoning regulations set forth in this Article shall apply. Additionally, any provision of Title 10, Chapter 3 which does not conflict with the provisions of this ordinance shall continue to apply : DEfINITIONS

30 1. Aggregate Floor Area shall mean the sum of the floor areas of all independent living quarters of a structure. 2. Building Footprint or footprint shall mean that portion of a site covered by a building. 3. Disaster shall mean any fire, flood, storm, earthquake or other occurrence for which the Mayor or the City Council has declared or ratified a state of emergency. 4. Height Envelope shall mean the outline of a building indicating the height of the building at each point within the building footprint. 5. Multiple-family Residential Dwelling shall mean any building designed for human habitation that is legally divided into two or more independent living quarters. 6. Residential Building shall mean a building designed for human habitation or a building accessory to a building designed for human habitation. 7. Then Current shall mean at the time a Disaster Reconstruction Permit under this Article is applied for : DISASTER RECONSTRUCTION PERMIT. The owner of any building which has been damaged by a disaster to the extent of more than fifty percent (50%) of its replacement value may obtain a permit to repair or reconstruct such building in accordance with the standards contained in this Article. A building shall be considered damaged to the extent of more than fifty percent (50%) of its replacement value if the cost to repair the building exceeds fifty percent (50%) of the cost -3-

31 of replacing the damaged structure with a new structure of the same size, construction material and occupancy on the same site, as determined by the Director of Community Development : TIME LIMITS FOR PERMIT APPLICATION A. After a disaster, applications for a permit to repair or reconstruct a building located in a nonresidential, multiple-family residential, or RMCP zone pursuant to the provisions of this Article shall be submitted to the Community Development Department within two years after the date that the Mayor or the City Council declared or ratified a state of emergency as a result of such disaster. B. After a disaster, applications for a permit to repair or reconstruct a building located in a single-family residential zone pursuant to the provisions of the Ordinance shall be submitted to the Community Development Department within five years after the date that the Mayor or the City Council declared or ratified a state of emergency as a result of such a disaster. C. Nothing contained in this section shall be construed to alter the time limits set forth in Chapter 6 of Title 9 of the Beverly Hills Municipal Code concerning the completion of disaster repairs in compliance with the City s building code and other technical codes : REPAIR STANDARDS FOR NONCONFORMING RESIDENTiAL BUILDINGS LOCATED IN RESIDENTIAL AREAS.

32 The following standards shall govern the repair or reconstruction of residential buildings which are located in residential zones and do not conform to the then current City zoning ordinances, provided that the repair or reconstruction is performed pursuant to a permit issued under the authority of this Article. A. Structures in Single family Residential Zones. The permittee may repair or reconstruct a building in such a manner that: I. The floor area of the replacement structure is equal to or less than the floor area of the original structure as it is determined by the City; 2. The footprint of the replacement structure is within the footprint of the original structure as it is determined by the City; 3. The height envelope of the replacement structure is within the height envelope of the original structure as it is determined by the City. Any permittee who repairs or reconstructs a building in a single-family residential zone under the provisions of this Article shall provide parking for the replacement or reconstructed building pursuant to the then current Beverly Hills Municipal Code. The permittee may request a reduction of the applicable parking requirements by making application to the Community Development Department for a minor accommodation pursuant to Title 10, Chapter 3, Article 36, of the Beverly Hills Municipal Code. The Director of Community Development may reduce the applicable parking requirements if the Director determines that such a reduction: (1) is necessary because the subject property cannot physically accommodate additional parking; or (2) is necessary to prevent undue economic hardship for the permittee. The Director of Community -)-

33 Development shall not reduce the applicable parking requirements to tess than the legal number of spaces that was on the subject site prior to the disaster. The front yard paving restrictions specified in Section , Section , or Section of Chapter 3 of Title 10 of the Beverly Hills Municipal Code (or their successor sections) shall apply to any repair or reconstruction in a single-family residential zone pursuant to this Ordinance. The permittee may request a relaxation of the foregoing restrictions by making application to the Department of Community Development for a minor accommodation pursuant to Title 10, Chapter 3, Article 36, of the Beverly Hills Municipal Code. The Director of Community Development may relax the foregoing paving restrictions if the Director determines that such a relaxation: (1) is necessary because the subject property cannot otherwise physically accommodate the parking required under this Section; (2) the required parking under this Section is in excess of the legal number of spaces that was on the subject site prior to the disaster, (3) such relaxation will help to provide additional necessary parking; and (4) such paving will be compatible with the character of the adjacent streetscape. The City shall determine the pre-damage parameters of the building which define the legally permitted scale of such building. Those parameters include, but are not limited to, the building s envelope, footprint, parking, and floor area. Such determination shall be based on the records of the City, as well as any additional information provided by the owner pursuant to a request by the Director of Community Development.

34 No building shall be repaired or reconstructed in a singlejamily residential zone under the provisions of this Ordinance except in conformity with the design review requirements specified in the Director s Guidelines for Disaster Reconstruction. 3. Structures in Multiple Family Residential Zones. 1. No building shall be repaired or reconstructed pursuant to this subsection B except in conformity with the architectural review requirements of Title 10, Chapter 3, Article 30 of the Beverly Hills Municipal Code. 2. The permittee may repair or reconstruct a building in such manner that the footprint of the replacement structure is within the footprint of the original structure as it is determined by the City. 3. The permittee may repair or reconstruct a building in such manner that the height envelope of the replacement structure is within the height envelope of the original structure as it is determined by the City. 4. The permittee may reconstruct a garage in the rear yard of a property if the City determines that a rear yard garage existing prior to the disaster. The repaired or rebuilt garage shall be in the same location as the original garage as determined by the City. 5. The permitteee may repair or reconstruct a building in such manner that the aggregate floor area in the replacement structure is equal or less than the aggregate floor area of the original structure as it is determined by the City. -7-

35 6. The permittee may repair or reconstruct a building in such manner that the average unit size in the replacement structure is equal to or greater than the average unit size of the original structure as it is determined by the City. 7. The permittee may repair or reconstruct a building in such manner that the number of units in the replacement structure is equal to or less than the number of units in the original structure as it is determined by the City. 8. Excluding the parking required by paragraph (10) of subsection B of this Section, the permittee may repair or reconstruct a building, but only in such manner that the replacement structure is no more deficient in required numbers of parking spaces under the parking requirements of the then current Beverly Hills Municipal Code than the original structure may have been under the parking requirements of the then current Beverly Hills Municipal Code. 9. The City shall determine the pre-damage parameters of the existing building which define the legally permitted scale of the replacement structtare. Those parameters include, but are not limited to, the building s envelope, footprint, parking, floor area, and number of dwelling units. Such determination shall be based on the records of the City, as well as any additional information provided by the owner pursuant to a request by the Director of Community Development.

36 10. for each unit repaired or reconstructed in excess of the then current density limitations of the Beverly Hills Municipal Code, the permittee shall provide one additional parking space up to the amount of parking otherwise required by the then current Beverly Hills Municipal Code for the replacement building. The permittee may request a reduction of this parking requirement by making application to the Planning Commission for Development Plan Review pursuant to Title 10, Chapter 3, Article 31, of the Beverly Hills Municipal Code. The Planning Commission may reduce or waive this parking requirement if it makes the findings required to issue a Development Plan Review Permit and findings required to issue a Development Plan Review Permit and additionally determines that such a waiver or reduction: (I) is necessary becatise the subject property cannot physically accommodate additional parking; or (2) is necessary to prevent undue economic hardship for the permittee. In lieu of granting a waiver or reduction, the Planning Commission may, upon request by the permittee, allow the permittee to repair or reconstruct the building so that the building extends beyond the predamage height envelope or footprint, but not beyond the pre-damage maximum height or minimum setback, for the sole purpose of accommodating all code required parking on the site. Unless the permittee requests a reduction in the parking required by this section, or requests a building design that exceeds the height envelope or -9

37 building footprint, the permittee shall not be required to obtain a Development Plan Review Permit in order to reconstruct the building. Nothing in this subsection shall be construed to require the permittee to provide more parking than is required by the then current Beverly Hills Municipal Code for the replacement building, nor shall this subsection be construed to permit a building to be repaired or reconstructed without providing at least the number of parking spaces provided prior to the damage to the building. C. Rental Units Whenever the permittee repairs or reconstructs rental units, such units shall remain subject to the City s rent control laws. However, notwithstanding any other provisions of the Beverly Hills Municipal Code, any tenant required to vacate the rental unit due to damage or destruction, or due to repair or reconstruction of the unit, shall be provided a right of first refusal to reoccupy the unit : REPAIR STANDARDS FOR NONCONFORMING BUILDINGS LOCATED IN COMMERCIAL ZONES. The following standards shall govern the repair or reconstruction of buildings which are located in a non-residential zone, and non-residential buildings located in a residential zone, that do not conform to then current City zoning ordinances, provided that the repair or reconstruction is performed pursuant to a permit issued under the authority of this Article. -10-

38 A. The permittee may repair or reconstruct a building in such manner that: (I) The floor area of the replacement structure is equal to or less than the floor area of the original structure as it is determined by the City; (2) The footprint of the replacement structure is within the footprint of the original structure as it is determined by the City; (3) The height envelope of the replacement structure is within the height envelope of the original structure as it is determined by the City. The City shall determine the pre-damage parameters of the building which define the legally permitted scale of such building. Those parameters include, but are not limited to, the building s envelope, footprint, parking, and floor area. Such determination shall be based on the records of the City, as well as any additional information provided by the owner pursuant to a request by the Director of Community Development. B. No building shall be repaired or reconstructed pursuant to this section except in conformity with the architectural review requirements of Title 10, Chapter 3, Article 30, of the Beverly Hills Municipal Code. C. No building shall be repaired or reconstructed in such manner that the height exceeds the then current maximum height permitted by the Beverly Hills Municipal Code unless a Development Plan Review authorizing the additional height is first approved pursuant to the provisions offitlc 10, Chapter 3, Article 31, of the Beverly Hills Municipal Code. 11

39 D. Any permittee who repairs or reconstructs a building which is located in a commercial zone and which does not meet the then current parking requirements of the Beverly Hills Municipal Code, may repair or reconstruct that building without providing additional parking if the replacement building does not exceed then current Beverly Hilts Municipal Code limitations on height and floor area ratio. However, if a permittee repairs or reconstructs a building in such manner that the height exceeds the then current maximum height permitted by the Beverly Hills Municipal Code, or in such manner that the floor area ratio exceeds the then current maximum floor area ratio permitted by the Beverly Hilts Municipal Code, then the permittee shalt provide parking for the replacement building as required by the then current Beverly Hills Municipal Code. The Planning Commission may reduce or waive this parking requirement as part of its consideration of the permittee s Development Plan Review application if the Planning Commission determines that such a waiver or reduction: (1) is necessary because the subject property cannot physically accommodate additional parking; or (2) is necessary to prevent undue economic hardship for the permittee. In lieu of granting a waiver or reduction, the Planning Commission may, upon request by the permittee, allow the permittee to repair or reconstruct the buildings so that the building extends beyond the predamage height envelope or footprint, but I 2-

40 not beyond the pre-damage maximum setback, for the sole purpose of accommodating parking on the site. Nothing in this subsection shall be construed to require the permittee to provide more parking than is required by the then current Beverly Hills Municipal Code for the replacement building nor, shall this subsection be construed to permit a building to be repaired or reconstructed without providing at least the number of parking spaces provided prior to the damage of the building : DEVELOPMENT PLAN REVIEW EXEMPTION FOR CONFORMING BUILDINGS. The repair or reconstruction of a building damaged by a disaster shall be exempt from the development plan review requirements of Title 10, Chapter 3, Article 31 of the Beverly Hills Municipal Code provided that the damaged building conformed to all of the zoning provisions of the Beverly Hills Municipal Code at the time of the disaster and the repaired or reconstructed building does not exceed the height or floor area of the original building, as determined by the city : REPAIR STANDARDS FOR ALL STRUCTURES. Notwithstanding any other provision of this Ordinance, all permittees shall repair or reconstruct damaged buildings in such manner as to conform to any legislation which, in the opinion of the Director of Community Development, is designed to prevent or ameliorate the type of damage generally caused by the disaster. -13-

41 Section : EXEMPTION FROM APPLICATION FEES AND FINE ART ORNAMENTATION REQUIREMENTS No application fee shall be required as a condition of any application for Planning Department approval, Architectural Commission approval or Planning Commission approval to repair or reconstruct any building damaged by disaster : TEMPORARY STRUCTURES. Beginning on the date of the declaration of emergency by the Mayor or City Council, and for a period of six months thereafter the Director of Community Development may issue: (I) a permit to construct and utilize a temporary structure for the purpose of housing a use in a zone in which the use is otherwise prohibited or conditionally permitted if it can be determined that the proposed temporary structure will serve a public need and will be compatible with neighboring uses and, (2) a permit to construct and utilize a temporary structure if a building may not lawfully be occupied due to damage to the building, the owner of the building may request for the purpose of housing the use In addition, the repair or reconstruction of any building damaged by a disaster shall be exempt from the fine art ornamentation requirements set forth in Title 3, Chapter 1, Article 8 of the Beverly Hills Municipal Code. Buildings that previously provided fine art to fulfill the requirements of the Beverly Hills Municipal Code shall replace any destroyed fine art as set forth in Beverly Hills Municipal Code Section 3-I

42 that previously occupied the building if it can be determined thai the proposed temporary structure will not be detrimental to the public health or safety. Permits for temporary structures and temporary uses shall remain valid for 180 days after issuance. Permitees may request one 180-day extension from the Director of Community Development : RECONSTRUCTION OF MULTIPLE-FAMILY RESIDENTIAL DWELLINGS INVOLUNTARILY DAMAGED FOR REASONS OTHER THAN A DISASTER Notwithstanding any other provisions of this Ordinance or any provision of the Beverly Hills Municipal Code, and without a declaration of emergency by the Mayor or the City Council, the owner of any multiple-family residential dwelling that is involuntarily damaged or destroyed by fire, other catastrophic event, or the public enemy may repair or reconstruct such dwelling pursuant to this Section if the owner obtains a building permit for the repair or reconstruction within two years after the damage or destruction. A. Determination of Specifications. If a multiple-family residential dwelling is destroyed by fire, other catastrophic event or the public enemy, the City shall determine the pie-damage parameters of the dwelling which define the legally permitted scale of such dwelling. Those parameters include, but are not limited to, the dwelling s height envelope, footprint, parking, floor area, and number of dwelling units. Such determination shall be based on the records of the City, as well as any additional information -15-

43 provided by the owner pursuant to a request by the Director Community Development. B. Development Plan Review 1. No building shall be repaired or reconstructed pursuant to this Section except in conformity with the Development Plan Review requirements contained in Title 10. Chapter 3, Article 31, of the Beverly Hills Municipal Code. 2. Unless the Planning Commission otherwise conditions the repair or reconstruction pursuant to this Development Plan Review process, the owner may repair or reconstruct the dwelling in such manner that: a. The average unit size in the replacement structure is equal to or greater than the average unit size of the original structure as it is determined by the City; b. The height envelope of the replacement structure is within the height envelope of the original structure as it is determined by the City; c. The footprint of the replacement structure is within the footprint of the original structure as it is determined by the City; U. The aggregate floor area of the replacement structure is equal to or less than the aggregate floor area of the original structure as it is determined by the City; e. A garage may be rebuilt in the rear yard of a property if the existence of a rear yard garage is verified by the City, provided - I 6-

44 that the replacement garage shall be in the same location as the original garage. 3. However, the Planning Commission may not impose any condition upon the repair or reconstruction which would prohibit the repair or reconstruction of the aggregate floor area of the original building or would prohibit repair or reconstruction of the total number of dwelling units of the original building, unless the Planning Commission determines that: a. The repair or reconstruction will be detrimental or injurious to the health, safely, or general welfare of persons residing or working in the neighborhood, or will be detrimental or injurious to property and improvements in the neighborhood; or b. The existing nonconforming use of the building or structure would be more appropriately moved to a zone in which the existing nonconforming use is permitted. C. Parking For each unit repaired or reconstructed in excess of the then current density limitations of the Beverly Hills Municipal Code, the permittee shall provide one additional parking space up to the amount of parking otherwise required by the then current Beverly Hills Municipal Code for the replacement building. The Planning Commission may reduce or waive this parking requirement as part of its approval of the permittee s Development Plan Review application if the Planning Commission determines that such a waiver or reduction: (I) is necessary because the subject property cannot physically accommodate additional parking; or (2) is -17-

45 necessary to prevent undue economic hardship for the permictee. in lieu of granting a waiver or reduction, the Planning Commission may, upon request by the permittee, allow the permittee to repair or reconstruct the building so that the building extends beyond the pre-damage height envelope or footprint, but not beyond the pre-damage maximum height or minimum setback, for the sole purpose of accommodating parking the site. Nothing in this subsection shall be construed to require the permittee to provide more parking this is required by the then current Beverly Hills Municipal Code for the replacement building, nor shall this subsection be construed to permit a building to be repaired or reconstructed without providing at least the number of parking spaces provided prior to the damage to the building. D. Rental Units Whenever an owner repairs or reconstructs rental units pursuant to this Section, such units shall remain subject to the City s rent control laws. However, notwithstanding any other provision of the Beverly Hills Municipal Code, any tenant required to vacate a rental unit due to damage or destruction, or due to repair or reconstruction of the unit, shall be provided a right of first refusal to occupy the unit : ABANDONMENT Of RIGHTS The failure to obtain a building permit for the repair or reconstruction of a building within two (2) years after issuance of a permit pursuant to this Ordinance shall -18-

46 constitute an abandonment of such permit. Additionally, expiration of the building permit to repair or reconstruct a building damaged by a disaster shall also constitute an abandonment of the permit issued pursuant to this Ordinance. Upon abandonment, all rights granted by the permit shall lapse and the property affected thereby shall be subject to all provisions of Title 10, Chapter 3 of the Beverly Hills Municipal Code. Nothing contained in this section shall be construed to alter the time limits set forth in Chapter 6 of Title 9 of the Beverly Hills Municipal Code concerning the completion of disaster repairs in compliance with the City s building code and other technical codes. Section 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this Ordinance shall be and remain in full force and effect. Section 6. Publication. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage in accordance with Section of the Government Code, shall certify to the adoption of this Ordinance, and shall cause this Ordinance and his certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City. Section 7. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage. - I 9-

47 Adopted: Effective: JULIAN A. GOLD, M.D. Mayor of the City of Beverly Hills, California ATTEST: BYRON POPE City Clerk (SEAL) APPROVED AS TO FORM: APPROVED AS TO CONTENT: LAURENCE S. WIENER City Attorney MAHDI ALUZRI Interim City Manager SUSAN HEALY KEENE Director of Community Development

48 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) $5. CITY OF BEVERLY 1-IILLS I, RYAN GOHLICH, Secretary of the Planning Commission and City Planner of the City of Beverly Hills, California, do hereby certify that the foregoing is a true and correct copy of Resolution No duly passed, approved and adopted by the Planning Commission of said City at a meeting of said Commission on April 9, 2015, and thereafter duly signed by the Secretary of the Planning Commission, as indicated; and that the Planning Commission of the City consists of five (5) members and said Resolution was passed by the following vote of said Commission, to wit: AYES: NOES: ABSTAIN: ABSENT: Commissioners Gordon, Shooshani, Vice Chair Block, Chair Fisher. None. None. Commissioner Corman. R A OHLICH e tary of the Planning Commission City Planner City of Beverly Hills, California

49 t3g I L I. 0 Ct5ChIcI) 4-) 4-) U EQ D 0

50 Current Disaster Reconstruction Standards (per 1995 and 1998 ordinances) Code Section Commercial Multiple-Family Residential Single-Family Residential Information not included in Municipal Code Density/Floor Cannot exceed existing or former Cannot exceed existing or former Cannot exceed existing Area floor area number of dwelling units. Cannot or former floor area. exceed existing or former aggregate unit floor area. Must provide at least as much floor area per unit as the existing/former building. Height Must be entirely within the Must be entirely within the Must be entirely within envelope of the existing or former envelope of the existing or former the envelope of the building building existing or former building. Setbacks Must be within the footprint of the Must be entirely within the footprint Must be entirely within existing or former building. of the existing or former building. the footprint of the existing or former building. Parking Buildings conforming to existing Existing parking must be replaced. Current Code height and density standards only Existing parking ratio (bedrooms) is requirements. have to replace the existing a minimum. Where parking. Buildings exceeding replacement/reconstructed building either existing height or density will exceed the current density standards must meet current parking standards, standards, one additional parking space per unit in excess of the density limit. Front yard Not applicable. Current Code requirement. Current Code paving requirement. Minor accommodation can be granted to accommodate Code-required parking. Architectural Required for all buildings Required for all buildings Not Applicable. Review Development Required for buildings exceeding Required for reconstruction where Not Applicable. Plan Review current height or density standards. no City emergency had been May be used in cases to declared. May be used in cases to accommodate parking (either accommodate parking (either reduce reduce amount required or allow amount required or allow building buildings outside existing outside existing envelope for envelope for parking purposes). parking purposes). Time to Two years. Two years. five years. exercise rights Fees and Planning fees and fine Arts Planning fees and fine Arts Planning application and charges requirements waived requirements waived fine arts requirements waived. Temporary To house a temporary structure: no set date for expiration, expiration may be set by Director Structures Time Limit To house a temporary use in a temporary structure: 90 day time limit

51 Proposed Disaster Reconstruction Standards (differences highlighted in red) Commercial Multiple-Family Residential Single-Family Residential Code Section Beverly Kills Municipal Code: Article 46 of Chapter 3 of Title 10 Density/Floor Cannot exceed existing or Cannot exceed existing or former Cannot exceed existing or Area former floor area number of dwelling units. Cannot former floor area. exceed existing or former aggregate unit floor area. Must provide at least as much floor area per unit as the existing/former building. Height Must be entirely within the Must be entirely within the Must be entirely within envelope of the existing or envelope of the existing or former the envelope of the former building building existing or former building. Setbacks Must be within the footprint of Must be entirely within the footprint Must be entirely within the existing or former building. of the existing or former building. the footprint of the existing or former building. Parking Buildings conforming to existing Existing parking must be replaced. Current Code height and density standards Existing parking ratio (bedrooms) is requirements. only have to replace the existing a minimum. Where parking. Buildings exceeding replacement/reconstructed building either existing height or density will exceed the current density standards must meet current standards, one additional parking parking standards, space per unit in excess of the density limit. Front yard Not applicable. Current Code requirement. Current Code paving requirement. Minor accommodation can be granted to accommodate code-required parking. Architectural Architectural Review Required Architectural Review Required Design Review Required & Design Review Development Required for buildings Required for reconstruction where Not Applicable. Plan Review exceeding current height or no City emergency had been density standards. May be used declared. May be used in cases to in cases to accommodate parking accommodate parking (either reduce (either reduce amount required amount required or allow building or allow buildings outside outside existing envelope for existing envelope for parking parking purposes). purposes). Time to Two years. Two years. Five years. exercise rights Fees and Planning fees and Fine Arts Planning fees and Fine Arts Planning application and charges requirements waived requirements waived fine arts requirements waived. Temporary Structures Time Limit To house a temporary structure: 180 limit with option for 180-day extension from Director To house a temporary use in a temporary structure: 180 limit with option for I 80-day extension from Director

52 ci) 0 C 0 9 C- ci)

53 URGENCY ORDINANCE NO AN URGENCY ORDINANCE OF THE CITY OF BEVERLY HILLS REVISING RECONSTRUCTION STANDARDS RELATING TO BUILDINGS DAMAGED BY DISASTER, AND DECLARING THE URGENCY THEREOF ORDAINS AS FOLLOWS: THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY - Section 1. Purpose. This Ordinance establishes a program to facilitate reconstruction of commercial and residential areas after a disaster. This Ordinance does not amend or allow exemptions from the City s technical codes, including, without limitation, the City s building, fire, electrical, mechanical, and plumbing codes. This Ordinance is intended to be an interim measure while the City develops a comprehensive regulatory scheme to address the reconstruction of buildings and facilities after a disaster. Section 2. Application of Regulations. Notwithstanding any provision of Title 10, Chapter 3 of the Beverly Hills Municipal Code, in the event of a disaster for which the Mayor or the City Council has.declared or ratified a state of emergency, the zoning regulations set forth in this Ordinance shall apply. Additionally, any provision of Title 10, Chapter 3 which does not conflict with the provisions of this Ordinance shall continue to apply. Section 3. Definitions. of this ordinance. The following definitions shall govern the construction (1) Aggregate Floor Area shall mean the sum of the floor areas of all independent living quarters of a structure. (2) Building Footprint or Footprint shall mean that portion of a site covered by a building. (3) Disaster shall mean any fire, flood, storm, earthquake or other occurrence for which the Mayor or the City Council has declared or ratified a state of emergency. (4) Height Envelope shall mean the outline of a building indicating the height of the building at each point within the building footprint BJ Isw u

54 B Isw u6 2 (5) Multiple-Family Residential Dwelling shall mean any building designed for human habitation that is legally divided into two or more independent living quarters. (6) Residential Building shall mean a building designed for human habitation or a building accessory to a building designed for human habitation. Section 4. Disaster Reconstruction Permit.. The owner of any building which has been damaged by a disaster to the extent of more than fifty percent (50%) of its replacement value may obtain a permit to repair or reconstruct such building in accordance with the standards contained in this Ordinance. A building shall be considered damaged to the extent of more than fifty percent (50%) of its replacement value if the cost to repair the building, as determined by the Director of Building and Safety, exceeds more than fifty percent (50%) of the cost to replace the damaged building. The cost to replace the damaged building shall mean the cost, as determined by the Director of Building and Safety, of replacing the damaged structure with a new structure of the same size, construction material and occupancy on the same site. The cost to replace the damaged building shall be calculated by using the City of Beverly Hills Building and Safety Department Building Valuation Guide Sheet. Section 5. Time Limits for Permit Application. After a disaster, applications for a permit to repair or reconstruct a building pursuant to the provisions of this Ordinance shall be submitted to the Department of Building and Safety within two years after the date that the Mayor or the City Council declared or ratified a state of emergency as a result of such disaster. Nothing contained in this section shall be construed to alter the time limits set forth in Chapter 6 of Title 9 of the Beverly Hills Municipal Code concerning the completion of disaster repairs in compliance with the City s building code and other technical codes. Section 6. Repair Standards for Nonconforming Residential Buildings Located in Residential Areas. The following standards shall govern the repair or reconstruction of residential buildings which are located in residential zones and do not conform to the then current City zoning ordinances, provided that the repair or reconstruction is performed pursuant to a permit issued under the authority of this Ordinance.

55 A. Structures in Single Family Residential, Zones. such manner that: The permittee may repair or reconstruct a building in (1) the floor area of the replacement structure is equal to or less than the floor area of the original structure as it is determined by the City; (2) the footprint of the replacement structure is within the footprint of the original structure as it is determined by the City; (3) the height envelope of the replacement structure is within the height envelope of the original structure as it is determined by the City. The City shall determine the pre-damage parameters of the building which define the legally permitted scale of such building. Those parameters include, but are not limited to, the building s envelope, footprint, parking, and floor area. Such determination shall be based on the records of the City, as well as any additional information provided by the owner pursuant to a request by the Director of Building and Safety. B. Structures in Multiple Family Residential Zones. (1) No building shall be repaired or reconstructed pursuant to this subsection B except in conformity with the architectural review requirements of Title 10, Chapter 3, Article 30 of the Beverly Hills Municipal Code. (2) The permittee may repair or reconstruct a building in such manner that the footprint of the replacement structure is within the footprint of the original structure as it is determined by the City. (3) The permittee may repair or reconstruct a building in such manner that the height envelope of the replacement structure is within the height envelope of the original structure as it is determined by the City. (4) The permittee may reconstruct a garage in the rear yard of a property if the City determines that a rear yard garage existed prior to the disaster. The repaired or rebuilt garage shall be in the same location as the original garage as determined by the City. (5) The permittee may repair or reconstruct a building in sudh manner that the aggregate floor area in the replacement structure is equal to or less than the aggregate floor area of the original structure as it is determined by the City lsw ,u6 3

56 (6) The permittee may repair or reconstruct a building in such manner that the average unit size in the replacement structure is equal to or greater than the average unit size of the original structure as it is determined by the City. (7) The permittee may repair or reconstruct a building in such manner that the number of units in the replacement structure is equal to or less than the number of units in the original structure as it is determined by the City. (8) The City shall determine the pre-damage parameters of the building which define the legally permitted scale of such building. Those parameters include, but are not limited to, the building s envelope, footprint, parking, floor area, and number of dwelling units. Such determination shall be based on the records of the City, as well as any additional information provided by the owner pursuant to a request by the Director of Building and Safety. (9) For each unit repaired or reëonstructed in excess of the then current density limitations of the Beverly Hills Municipal Code, the permittee shall provide one additional parking space up to the amount of parking otherwise required by the then current Beverly Hills Municipal Code for the replacement building. The permittee may request a reduction of this parking requirement by making applicationto the Planning Commission for Development Plan Review pursuant to Title 10, Chapter 3, Article 31, of the Beverly Hills Municipal Code. The Planning Commission may reduce or waive this parking requirement if it makes the findings required to issue a Development Plan Review Permit and additionally determines that such a waiver or reduction: (1) is necessary because the subject property cannot physically accommodate additional parking; or (2) is necessary to prevent undue economic hardship for the permittee. In lieu of granting a waiver or reduction, the Planning Commission may, upon request by the permittee, allow the permittee to repair or reconstruct. the building so that the building extends beyond the pre-damage height envelope or footprint, but not beyond the pre-damage maximum height or minimum setback, for the sole purpose of accommodating parking on the site. Unless the prmittee requests a reduction in the parking required by this section, or requests a building design that exceeds the height envelope or building footprint, the permittee shall not be required to obtain a Development Plan Review Permit in order to reconstruct the building. Nothing in this subsection shall be construed to require the permittee to provide more parking than is required by the then current Beverly Hills Municipal Code for the replacement building, nor shall this subsection be construed to permit a building to be repaired or reconstructed without providing at B0785-(YJ001 lsw u6 4

57 least the number of parking spaces provided prior to the damage to the building. C. Rental Units Whenever the permittee repairs or reconstructs rental units, such units shall remain subject to the City s rent control laws. However, notwithstanding any other provision of the Beverly Hills Municipal Code, any tenant required to vacate a rental unit due to the disaster or due to repair or reconstruction of the unit shall be provided a right of first refusal to reoccupy the unit. Section 7. Repair Standards for Nonconforming Buildings Located in Commercial Zones. The following standards shall govern the repair or reconstruction of buildings which are located in a non residential zone, and non-residential buildings located in a residential zone, that do not conform to then current City zoning ordinances, provided that the repair or reconstruction is performed pursuant to apermit issued under the authority of this Ordinance. A. The permittee may repair or reconstruct a building in such manner that: (1) the floor area of the replacement structure is equal to or less than the floor area of the original structure as it is determined by the City; (2) the footprint of the replacement structure is within the footprint of the original structure as it is determined by the City; (3) the height envelope of the replacement structure is within the height envelope of the original structure as it is determined by the City. The City shall determine the pre-damage parameters of the building which define the legally permitted scale of such building. Those parameters include, but are not limited to, the building s envelope, footprint, parking, and floor area. Such äeterminatjon shall be based on the records of the City, as well as any additional information provided by the owner pursuant to a request by the Director of Building and Safety. B. No building shall be repaired or reconstructed pursuant to this section except in conformity with the architectural Isw u6 5

58 V V - review requirements of Title 10, Chapter 3, Article 30, of the Beverly Hills Municipal Code. C. No building shall be repaired or reconstructed in such manner that the height exceeds the then current maximum height permitted by the Beverly Hills Municipal Code, or in such manner that the floor area ratio exceeds the then current-floor area ratio permitted by the Beverly Hills Municipal Code, except in conformity with the Development Plan Review requirements contained in Title 10, Chapter 3, Article 31, of the Beverly Hills Municipal Code. D. Any permittee who repairs or reconstructs a building which is l6cated in a commercial zone and which does not meet the then current parking requirements of the Beverly Hills Municipal Code, may repair or reconstruct that building without providing additional parking if the replacement building does not exceed then current Beverly Hills Municipal Code limitations on height and floor area ratio. However, if a permittee repairs or reconstructs a building in such manner that the height exceeds the then current maximum height permitted by the Beverly Hills Municipal Code, or in such manner that the floor area ratio exceeds the then current maximum floor area ratio permitted by the Beverly Hills Municipal Code, then the permittee shall provide parking for the - replacement building as required by the then current Beverly Hills Municipal Code. The Planning Commission may reduce or waive this parking requirement as part of its consideration of the permittee s Development Plan Review application if the Planning Commission determines that such a waiver or reduction: (1) is necessary because the subject property cannot physically accommodate additional parking; or (2) is necessary to prevent undue economic hardship for the permittee. In lieu of granting a waiver or reduction, the Planning Commission may, upon request by the permittee, allow the permittee to repair or reconstruct the building so that the building extends beyond the pre-damage height envelope or footprint, but not beyond the pre-damage maximum height or minimum setback, for the sole purpose of accommodating parking on the site. Nothing in this subsection shall be construed to require the permittee to provide more parking than is required by the then current Beverly Hills Municipal Code for the replacement building nor, shall this subsection be construed to permit a building to be repaired or reconstructed without providing at least the number of parking spaces provided prior to the damage to the building lsw u6 6

59 Section 8. Development Plan Review Exemption for Conforming Buildings. The repair or reconstruction of a building damaged by a disaster shall be exempt from the development plan review requirements of Title 10, Chapter 3, Article 31 of the Beverly Hills Municipal Code provided that the damaged building conformed to all of the zoning provisions of thern Beverly Hills Municipal Code at the time of the disaster and the repaired or reconstructed building does not exceed the height or floor area of the original building, as determined by the City. Section 9. Repair Standards for All Structures. Notwithstanding any other provision of this Ordinance, all permittees shall repair or reconstruct damaged buildings in such manner as to conform to any legislation which, in the opinion of the Director of Building and Safety, is designed to prevent or ameliorate the type of damage generally caused by the disaster. Section 10. Exemption from Application Fees and Fine Art Ornamentation Requirements. No application fee shall be required as a condition of any application for Planning Department approval, Architectural Commission approval or Planning Commission approval to repair or reconstruct any building damaged by a disaster. In addition, the repair or reconstruction of any building damaged by a dithaster shall be exempt from the fine art ornamentation requirements set forth in Title 3, Chapter 1, Article 8 of the Beverly Hills Municipal Code. Section 11. Temporary Structures. Beginning on the date of the declaration of emergency by the Mayor or the City Council, or upon authorization by the City Manager, and for a period of six months thereafter: (1) The Director of Planning may issue a permit to construct and utilize a temporary structure for the purpose of housing a use in a zone in which the use is otherwise prohibited or conditionally permitted. The Director of Planning shall issue such a permit upon determining that the proposed temporary structure will serve a public need and will be compatible with neighboring uses. The Director of Planning may impose an expiration date upon such permit; and (2) If a building may not lawfully be occupied due to damage to the building, the owner of the building may request a Isw u6 = 7

60 permit from the Director of Building and Safety to construct and utilize a temporary structure for a period of ninety (90) days for the purpose of housing the use that previously occupied the building. The Director of Building and Safety shall issue such a permit upon determining that the proposed temporary struöture will not be detrimental to the public health or safety. Section 12. Reconstruction of Multiple Family Residential Dwellings Involuntarily Damaged for Reasons other thana Disaster Notwithstanding any other provision of this Ordinance or any provision of the Beverly Hills Municipal Code, and without a declaration of emergency by the Mayor or the City Council, the owner of any multiple-family residential dwelling that is involuntarily damaged or destroyed by fire, other catastrophic event, or the public enemy may repair or reconstruct such dwelling pursuant to this Section 12 if the owner obtains a building permit for the repair or reconstruction within two years after the damage or destruction. A. Determination of Specifications. If a multiple-family residential dwelling is destroyed by fire, other catastrophic event or the public enemy, the City shall determine the pre damage parameters of the dwelling which define the legally permitted scale of such dwelling. Those parameters include, but are not limited to, the dwelling s height envelope, footprint, parking, floor area, and number of dwelling units. Such determination shall be based on the records of the City, as well as any additional information provided by the owner pursuant to a request by the Director of Building and Safety. B. Development Plan Review (1) No building shall be repaired or reconstructed pursuant to this Section except in conformity with the Development Plan Review requirements contained in Title 10, Chapter 3, Article 31, of the Beverly Hills Municipal Code. (2) Unless the Planning Commission otherwise conditions the repair or reconstruction pursuant to the Development Plan Review process, the owner may repair or reconstruct the dwelling in such manner that: (a) the average unit size in the replacement structure is equal to or greater than the average unit size of the original structure as it is determined by the City; (b) the height envelope of the replacement structure is within the height envelope of the original B Jsw u6 8

61 structure as it is determined by the City; (c) the footprint of the replacement structure is within the footprint of the original structure as it is determined by the City; (d) the aggregate floor area of the replacement structure is equal to or less than the aggregate floor area of the original structure as it is determined by the City; (e) a garage may be rebuilt in the rear yard of a property if the existence of a rear yard garage is verified by the City, provided that the replacement garage shall be in the same location as the original garage. However, the Planning Commission may not impose any condition upon the repair or reconstrubtion which would prohibit the repair or reconstruction of the aggregate floor area of the original building or would prohibit repair or reconstruction of the total number of dwelling units of the original building, unless the Planning Commission determines that: (a) The repair or reconstruction will be detrimental or injurious to the health, safety, or general welfare of persons residing or working in the neighborhood, or will be detrimental orinjurious to property and improvements in the neighborhood; or (li) Th existing nonconforming use of the building or structure would be more appropriately moved to a zone in which the existing nonconforming use is permitted. (3) For each unit repaired or reconstructed in excess of the then current density limitations of the Beverly Hills Municipal Code, the perntittee shall provide one additional parking space up to the amount of parking otherwise required by the then current Beverly Hills Municipal Code for the replacement building. The Planning Commission may reduce or waive this parking requirement as part of its approval of the permittee s Development Plan Review application if the Planning Commission determines that such a waiver or reduction: (1) is necessary because the subject property cannot physically accommodate additional parking; or (2) is necessary to prevent undue economic hardship for the permittee. In lieu of granting a waiver or reduction, the Planning Commission may, upon request by the permittee, allow the permittee to repair or reconstruct the building so that the building extends beyond the pre-damage height envelope or footprint, but not beyond the pre-dainage maximum height or minimum setback, for the sole purpose of accommodating parking on the site. Nothing in this subsection shall lie construed to require the permittee to provide more parking than is required by the then current Beverly Hills Municipal Code for the replacement Isw uó 9

62 V V building, nor shall this subsection be construed to permit a building to be repaired or reconstructed without providing at least the number of parking spaces provided prior to the damage to the building. C. Rental Units Whenever an owner repairs or reconstructs rental units pursuant to this Section, such units shall remain subject to the city s rent control laws. However, notwithstanding any other provision of the Beverly Hills Municipal Code, any tenant required to vacate a rental unit due to damage or destruction, or due to repair or reconstruction of the unit, shall he provided a right of first refusal to reoccupy the unit. Section 13. abandonment of Rights. The failure to obtain a building permit for the repair or reconstruction of a building within two (2) years after issuance of a permit pursuant to this Ordinance shall constitute an abandonment of such permit. Additionally, expiration of the building permit to repair or reconstruct a building damaged by a disaster shall also constitute an abandonment of the permit issued pursuant to this Ordinance. Upon abandonment, all rights granted by the permit shall lapse and the property affected thereby shall be subject to all provisions of Title 10, Chapter 3 of the Beverly Hills Municipal Code. Nothing contained in this section shall be construed to alter the time limits set forth in Chapter 6 of Title 9 of the Beverly Hills Municipal Code concerning the completion of disaster repairs in compliance with the City s building code and other technical codes. Section 14. The adoption of this ordinance is for the immediate preservation of the public peace, health and safety. The City has no current program to enable the replacement of buildings that are damaged by a disaster for which a local emergency is declared in a manner which maintains these structures original dimensions. Such an ordinance must be adopted and must become effective immediately in order to allow the expeditious, orderly, economically feasible, and safe repair of buildings which may be damaged by a sudden emergency. Without the immediate adoption of such an ordinance, building owners would be unable to immediately repair their buildings in conformance with their predamaged configurations which may lead to a delay in reconstruction and restoration of the public peace, health and safety after a local emergency. Also, without the immediate adoption of this Ordinance, after a local emergency building owners would be unable to lawfully erect temporary lsw u6 10

63 structures to address immediate housing needs and to serve other public needs. Section 15. This ordinance is an urgency ordinance for the immediate preservation of the public peace, health and safety and therefore shall be passed immediately upon its introduction and shall become effective immediately upon its adoption. Section 16. The City Clerk shall cause this ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage, in accordance with Section of the Government Code; shall certify to the adoption of this ordinance and shall cause this ordinance and her certification, together with proof of publication, to be entered In the Book of Ordinances of the Council of the Cit Adopted: July 18, 1995 A LAN ALEXANDER Mayor of the City of Beverly Hills, California FRANCES M. MALNECK City Clerk EAL) APPROVED AS TO FORM: APPROVED AS TO GREGORY W. STEPANICI H City Attorney Manager A - RUTH NADEL Director of Planning and Community Development RONALD B. LARK Director of Building and Safety 95U112 B lsw u6 11

64 - (0 (0 Co ci)> 0 i i- CD - :330 CD 00

65 ORDINANCE NO AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING URGENCY ORDINANCE NO REVISING RECONSTRUCTION STANDARDS RELATING TO BUILDINGS DAMAGED BY DISASTER THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY ORDAINS AS FOLLOWS: Section 1. Section 3 of Ordinance regarding definitions is hereby amended to add a new paragraph, Paragraph (7). The new Paragraph (7) shall read as follows: 11(7) Then Current shall mean at the time a Disaster Reconstruction Permit under this Ordinance is applied for. Section 2. Section 5 of Ordinance is hereby amended to read as follows: Section 5. Time Limits for Permit Application. A. After a disaster, applications for a permit to repair or reconstruct a building located in a nonresidential, multiplefamily residential, or RMCP zone pursuant to the provisions of this Ordinance shall be submitted to the Department of Building and Safety within two years after the date that the Mayor or the City Council declared or ratified a state of emergency as a result of such disaster. 3. After a disaster, applications for a permit to repair or reconstruct a building located in a single-family residential zone pursuant to the provisions of this Ordinance shall be submitted to the Department of Building and Safety within five years after the date that the Mayor or the City Council declared or ratified a state of emergency as a result of such disaster. C. Nothing contained in this section shall be construed to alter the time limits set forth in Chapter 6 of Title 9 of the Beverly Hills Municipal Code concerning the completion of disaster repairs in compliance with the City s building code and other technical codes. Section 3. Subsection A of Section 6 of Ordinance regarding repair standards for nonconforming residential

66 buildings located in residential areas is hereby amended to read as follows: 11A. Structures in Single Family Residential Zones. The permittee may repair or reconstruct a building in such manner that: (1) the floor area of the replacement structure is equal to or less than the floor area of the original structure as it is determined by the City; C2) the footprint of the replacement structure is within the footprint of the original structure as it is determined by the City; (3) the height envelope of the replacement structure is within the height envelope of the original structure as it is determined by the City. Any permittee who repairs or reconstructs a building in a single-family residential zone under the provisions of this Ordinance shall provide parking for the replacement or reconstructed building pursuant to the then current Beverly Hills Municipal Code. The permittee may request a reduction of the applicable parking requirements by making application to the Department of Planning and Community Development for a minor accommodation pursuant to Title 10, Chapter 3, Article 36, of the Beverly Hills Municipal Code. The Director of Planning and Community Development may reduce the applicable parking requirements if the Director determines that such a reduction: (1) is necessary because the subject property cannot physically accommodate additional parking; or (2) is necessary to prevent undue economic hardship for the permittee. The Director of Planning and Community Development shall not reduce the applicable parking requirements to less than the legal number of spaces that was on the subject site prior to the disaster. The front yard paving restrictions specified in Section , Section , or Section of Chapter 3 of Title 10 of the Beverly Hills Municipal Code (or their successor sections) shall apply to any repair or reconstruction in a single LSDROR1.Doc 2

67 family residential zone pursuant to this Ordinance. The permittee may request a relaxation of the foregoing restrictions by making application to the Department of Planning and Community Development for a minor accommodation pursuant to Title 10, Chapter 3, Article 36, of the Beverly Hills Municipal Code. The Director of Planning and Community Development may relax the foregoing paving restrictions if the Director determines that such a relaxation: (1) is necessary because the subject property cannot physically accommodate the parking required under this Section; (2) the required parking under this Section is in excess of the legal number of spaces that was on the subject site prior to the disaster, (3) such relaxation will help to provide additional necessary parking; and (4) such paving will be compatible with the character of the adjacent streetscape. The City shall determine the pre-damage parameters of the building which define the legally permitted scale of such building. Those parameters include, but are not limited to, the building s envelope, footprint, parking, and floor area. Such determination shall be based on the records of the City, as well as any additional information provided by the owner pursuant to a request by the Director of Building and Safety. Section 4. Paragraphs (8) and (9) of Subsection B of Section 6 of Ordinance is hereby renumerated as Paragraphs (9) and (10) respectively of Subsection B of Section 6 of Ordinance Section 5. Subsection B of Section 6 of Ordinance is hereby amended to add a new paragraph, Paragraph (8). The new Paragraph (8) shall read as follows: (8) Excluding the parking required by paragraph (10) of subsection B of this Section, the permittee may repair or reconstruct a building, but only in such manner that the replacement structure is no more deficient in required numbers of parking spaces under the parking requirements of the then current Beverly Hills Municipal Code than the original structure may have been under the parking requirements of the then current Beverly Hills Municipal Code. For the purposes of this Paragraph (8), whether a repaired or reconstructed building contains the minimum permissible number of parking spaces shall be determined as follows: LSDRORE1DOC 3

68 Original Structure No. of proldng No. at No. of No. or Omee- or] No. of five-or. ID{si spaces eateong ( I X studte + 2 X one-bedroom X two-bedroom + 3 X test-bedroom + 4 X mars-bedroom + on the sft 3 U-Os crdtt UflS Unite UKUIS 4 SHALLBELESSTHANOREQUALTO Proposed Reconstruction No. of petteng / No. at No. of I No. of No. oturree- on No. ot five-or opaceoprapased j 1X siucto+ 2 Xane-bedroom+ 2.5 XItwo-bedmcm+ 3 X teri-be&oom +4 X more-be&oom+ on the site ow tadis I utets Unite Undts 4 The foregoing formula reflects the parking requirements set forth in Sections and of Article 28 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code at the time this Paragraph (8) was adopted. Should the requirements of those Sections be subsequently amended in a manner that affects the foregoing formula, the foregoing formula shall lie modified to reflect those amendments. Section 6. Section 10 of Ordinance is hereby amended to read as follows: Section 10. Exemption from Application Fees, Public Art Requirements, and Parks and Recreational Facilities Taxes. No application fee shall lie required as a condition of any application for Planning Department approval, Architectural Commission approval or Planning Commission approval to repair or reconstruct any building damaged by a disaster. In addition, the repair or reconstruction of any building damaged by a disaster shall be exempt from the Public Art requirements set forth in Title 3, Chapter 1, Article 8 of the Beverly Hills Municipal Code. Section 7. Based on the initial study, the negative declaration, the comments received thereon, and the record before the City Council, the City Council hereby determines that the negative declaration represents the independent judgment of the City Council, and there is no substantial evidence that the approval of this Ordinance may have any significant environmental impact. The documents and other material which compose the record on which this decision is based are located in the Department of Planning and Community Development and are in the custody of the Director of Planning and Community Development. LSDRORF1 - DOC 4 u/no/ni un, an

69 Section 8. The City Clerk shall cause this ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage, in accordance with Section of the Government Code; shall certify to the adoption of this ordinance and shall cause this ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of the City. Adopted: January 6, Mayor of the Beverly Hills, (SEAL) FRANCES M. MALNECK City Clerk APPROVED AS TO FORM: APPROVED AS T CONTENT: GREGORY W. STEPANICICH K SCOTT City Attorney City Manager cz-, UTH NADEL Director of Planning and Community Development RONALD 3. CLARK Director of Building and Safety LSDRORE1 DOC -5- U/ia/IS 19,0) 04

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71 BEVERLY HILLS City of Beverly Hills Planning Division 455 N Re,frd Ori,e BerIy HiSs, CA TEL (310) 40S114! FAX. 310) Planning Commission Report Meeting Date: April 9, 2015 Subject: Disaster Reconstruction Ordinance Recommendation: Adopt a resolution recommending to the City Council an ordinance amending the Beverly Hills Municipal Code revising and codifying reconstruction standards relating to buildings damaged by disaster. Pursuant to the provisions set forth in the California Environmental Quality Act, the Commission will also consider adoption of a Categorical Exemption for the amendment. REPORT SUMMARY In the 1990s the City of Beverly Hills adopted regulations that govern certain aspects of rebuilding after a city-declared disaster; however, there is a desire to expand, update and clarify the code language in order to promote city resiliency through effective planning. The Planning Commission discussed aspects of a draft ordinance at a study session on January 22, At this meeting the commission provided comments and directed staff to return with a draft ordinance. On March 26, 2015, the Planning Commission opened a public hearing on a draft Ordinance. During this meeting, several changes to the draft Ordinance were requested by the Planning Commission. The hearing was continued to April 9, The Planning Commission Resolution and Draft Ordinance is included as attachment 1, and a redlined version of the Ordinance showing the changes made since the March 26 meeting is included as Attachment 2. DISCUSSION Please refer to the March 26, 2015 Staff Report (Attachment 3) for more information on the project background and draft Ordinance. CONSISTENCY WITH GENERAL PLAN AND OTHER CITY PLANS General Plan The Safety Element of the General Plan contains language including Goal S 7.14 Post Disaster Reconstruction which calls for the City to participate in the development of programs and procedures that emphasize coordination between appropriate public agencies and private entities to remove debris and promote rapid reconstruction following a disaster event. Updating and codifying disaster Attachments: 1. Planning Commission Resolution and Draft Ordinance 2. Redlined Draft Ordinance 3. March 26, 2015 Planning Commission Staff Report (without attachments) Report Author and Contact (nformation: Timothea Tway Associate Planner ( ttway@bever(yh(llsorg

72 Planning Commission Report: April 9, 2015 Disaster Recovery Ordinance Update Page 2 of 2 reconstruction and rebuild regulations can help aid coordination between public and private agencies in order to promote rapid reconstruction following a disaster. Hazard Mitigation Action Plan The City s 2O1O2O15 Hazard Mitigation Plan was adopted by the City in 2010 and by FEMA in This plan specifically promotes policies and programs designed to protect the public, crucial facilities, infrastructure, private and public property and the environment from natural and manmade hazards. The plan is currently being updated by staff and is expected to be considered by the City Council and reviewed by FEMA sometime in late Staff will work to ensure that the recommendations from the Planning Commission are integrated into the Hazard Mitigation and Action Plan as appropriate. ENVIRONMENTAL REVIEW The Amendments have been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq.( CEQA ), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.), and the City s Local CEQA Guidelines (hereafter the Guidelines ). The Planning Commission finds that adoption of the Amendments will not have a significant environmental impact and is exempt from CEQA pursuant to Section of Title 14 of the California Code of Regulations because the Amendments represent minor alterations in land use limitations and do not result in any changes in land use or density. RECOMMENDATION Adopt a resolution recommending to the City Council an ordinance amending the Beverly Hills Municipal Code revising and codifying reconstruction standards relating to buildings damaged by disaster. Pursuant to the provisions set forth in the California Environmental Quality Act, the Commission will also consider adoption of a Categorical Exemption for the amendment. D Q77

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74 BEVERLY HILLS.4 City of Beverly Hills Planning Division 455 N. Reeferd Drive Beverly f-shy, CA TEL (310) FAX. (310) Planning Commission Report Meeting Date: March 26, 2015 Subject: Disaster Reconstruction Ordinance Recommendation: Adopt a resolution recommending to the City Council an ordinance amending the Beverly Hills Municipal Code revising and codifying reconstruction standards relating to buildings damaged by disaster. Pursuant to the provisions set forth in the California Environmental Quality Act, the Commission will also consider adoption of a Categorical Exemption for the amendment. REPORT SUMMARY In the 1990s the City of Beverly Hills adopted regulations that govern certain aspects of rebuilding after a city-declared disaster; however, there is a desire to expand, update and clarify the code language in order to promote city resiliency through effective planning. The Planning Commission discussed aspects of a draft ordinance at a study session on January 22, At this meeting the commission provided comments and directed staff to return with a draft ordinance. This report summarizes the attached draft ordinance (Attachment 1) and provides information requested by the Planning Commission during the meeting on January 22, BACKGROUND The City has several disaster reconstruction ordinances that were adopted in the 1990s that are in effect but were never codified. In 1995 the City Council adopted an ordinance that established a program to facilitate the reconstruction of buildings after a disaster. This Disaster Recovery Ordinance established a Disaster Reconstruction Permit, which allows the owner of any building which has been damaged by a disaster to the extent of more than 50% of the building s replacement value, to repair and reconstruct the building according to a set of standards set forth in the ordinance. In 1998, the City Council adopted a second ordinance, which amended the 1995 disaster recovery ordinance, A summary of the contents of the 1995 and 1998 Ordinances can be found in the January 22, 2015 staff report (Attachment 2). At its meeting on January 22, 2015, the Planning Commission discussed the need for a disaster recovery ordinance, benefits of disaster recovery ordinances, current disaster recovery regulations in Beverly The Disaster Reconstruction Ordinance should not be confused with the Seismic Safety Ordinance (1992), which lays out a series of standards to make existing unreinforced masonry buildings safer during earthquakes and allows existing buildings to be demolished and replaced with a new structure of comparable size and constructed in accordance with modern engineering standards. Attachments: 1. Planning Commission Resolution and Draft Ordinance 2. January 22, 2015 Staff Report Report Author and Contact Information: flmothea Tway Associate Planner (310) ttway@beverlyhills.org

75 Planning Commission Report: March 26, 2015 Disaster Recovery Ordinance Update Page 2 of 7 Hills, and staff recommendations for changes to the existing regulations. Since the January meeting, staff has worked to incorporate the Commission s comments into the attached Draft Ordinance. The ordinances adopted during the 1990s, as well as the changes proposed in the attached Draft Ordinance, attempt to balance several goals that should be considered aftera community-wide disaster. These goals include: Retain housing units and commercial spaces in the City so residents and businesses are not displaced Create processes to help residents and businesses rebuild and reestablish as quickly as possible after a disaster, Encourage non-conforming buildings to come into compliance with current regulations when appropriate, and Preserve the existing community character of the City. The language contained in the draft Ordinance is intended to address these goals. As discussed during the January 22 study session, staff is also working to develop an internal policy document (the Director s Guidelines for Disaster Reconstruction) that will contain policies and practices to govern City processes after a disaster. Staff will return to the Planning Commission for approval of the Guidelines document. DISCUSSION Summary of changes to existing regulations in Draft Ordinance Codification of Ordinance language The attached draft ordinance would cause the disaster reconstruction regulations of the City of Beverly Hills to be incorporated into the Beverly Hills Municipal Code as Article 46 in Chapter 3 of Title 10. Minor changes to update code language The Draft Ordinance includes minor language changes that have been made to ensure that the ordinance is in compliance with the current structure and practices of the Community Development Department. These changes do not represent substantive changes to the regulations contained in the Ordinance. Design Review for single family development At the time the original Disaster Reconstruction Ordinance was written there was no design review process for single family homes in the Central Area of the City. The attached draft Ordinance includes language to require homes constructed pursuant to the Disaster Reconstruction Permit to be subject to a design review process. Given that there could be a large number of homes that require design review in the months after a major disaster, it may be appropriate to establish a modified design review process. Staff is currently working to develop this process for post-disaster recovery that will be outlined in the Director s Guidelines for Post Disaster Reconstruction. It is important that the design review requirement does not overly burden residents of the City or greatly delay the ability of residents to rebuild their

76 Planning Commission Report: March 26, 2015 Disaster Recovery Ordinance Update Page 3 of 7 home5. Once a draft policy has been developed, staff will return to the Planning Commission with the Director s Guidelines for approval. Time limit extended for temporary structures and uses Current regulations allow the Director of Community Development to issue permits after a declared disaster to allow temporary uses and temporary structures. The Director may allow: A use in an area where the use is usually not allowed or conditionally permitted, for a period of time established by the Director, as long as the Director determines that the use will serve a public need and will be compatible with neighboring uses. Examples could include the Director allowing the storage of building and construction materials on a commercial or residentially zoned property in order to make these materials available for rebuilding. A temporary structure to house a use that was previously in a structure that cannot lawfully be occupied due to damage, for a period of 90 days. The Planning Commission expressed support for the establishment of a uniform time period for temporary structures and temporary uses after a disaster that is longer than 90 days. The Draft Ordinance includes language (see page 15) that establishes a period of 180 days with an optional 180- day extension for both temporary uses and temporary structures. Clarification on Fine Arts Fee waiver Currently, construction of new commercial, industrial, or mixed use buildings that are valued over $500,000 have an obligation to provide fine art, as required by Beverly Hills Municipal Code Section The existing disaster recovery regulations waive the Fine Arts Requirement for buildings that are rebuilt after a disaster. Planning staff worked with Community Services staff to clarify the language in the Disaster Recovery Ordinance and bring it into conformance with the new Fine Art Ordinance that was adopted in early The italicized language below shows the language change in the Draft Ordinance:...ln addition, the repair or reconstruction of any building damaged by a disaster shall be exempt from the fine art ornamentation requirements set forth in Title 3, Chapter 1, Article 8 of the Beverly Hills Municipal Code. Buildings that previously provided fine art to fulfill the requirements of the Beverly Hills Municipal Code requirements shall replace any destroyedfine art as set forth in Beverly Hills Municipal Code Section Clarification on request for reduction in parking requirements for multi-family and commercial structures There was a request by a commissioner during the Planning Commission study session to clarify language in the existing reconstruction ordinance that governs the ability of the Planning Commission to waive or reduce the number of parking spaces required for multi-family and commercial buildings reconstructed after a disaster.

77 Planning Commission Report: March 26, 2015 Disaster Recovery Ordinance Update Page4of7 Currently, the regulations in the Disaster Recovery Ordinance allow non-conforming commercial and multi-family structures to rebuild under the following conditions: Commercial building: o o o The floor area of replacement structure must be equal or less than original structure The footprint of the replacement structure is within the footprint of original structure The height envelope of the replacement structure is within the height envelope of the original structure. Multi-family building2: o The footprint of the replacement structure is within the footprint of the original structure o o o o The height envelope of the replacement structure is within the height envelope of the original structure The aggregate floor area in the replacement structure is equal to or less than the aggregate floor area of the original structure The average unit size in the replacement structure is equal to or greater than the average unit size of the original structure The number of units in the replacement structure is equal to or less than the number of units in the original structure Parking is a common deficiency of older developments in the City, many of which were developed when parking requirements were different than today. In order to address the non-conforming parking of some buildings that would be reconstructed, the current Ordinance contains the following parking requirements: Commercial building: a commercial building that is non-conforming in terms of parking may rebuild without providing additional parking if the building meets the current code limitations on height and floor area ratio. If the applicant is seeking to rebuild the commercial building back to a non-conforming height or floor area ratio, the applicant must provide all current code required parking. Multi-family building: a multi-family residential building must provide one additional parking space for each unit repaired or reconstructed in excess of the current density limitations of the Municipal Code. Because it may be difficult to reconstruct older buildings with mote parking than previously provided due to financial or space constraints, the current Ordinance provides two options for applicants that wish to request a reduction or waiver of these parking requirements: 2 Additionally, owners of multiple-family buildings that are damaged for reasons other than a declared City disaster (such as a fire) may also take advantage of the disaster reconstruction standards outlined in the ordinance. Senate Bill 2112 mandates that local agencies allow the like for like rebuilding of non-conforming multiple-family residential structures, regardless of whether a state of emergency has been declared.

78 Planning Commission Report: March 26, 2015 Disaster Recovery Ordinance Update Page 5 of 7 1. An applicant may request that the Planning Commission waive or reduce this parking requirement if the Commission determines that a waiver or reduction is necessary because: a. the property cannot physically accommodate additional parking, or b. if it is necessary to prevent undue economic hardship for the permittee. 2. An applicant may request to reconstruct a building so that it extends beyond the pre-damage height envelope or pre-damage building footprint, but not beyond the pre-damage total height or minimum setbacks of the damaged building in order to provide additional parking. For example, if an applicant was seeking to rebuild a multifamily building that previously had a penthouse unit that occupied 30% of the third story, the applicant could request to build a full third story in the reconstructed building in order to accommodate some or all of the code required parking. The applicant would not be able to request to build a four-story building, because that would be higher than the total height of the structure before it was damaged. During the Planning Commission study session in January, a commissioner expressed interest in allowing an applicant to request to build outside the former building envelope only if the applicant is interested in providing all of the code required parking (not just a portion of the required parking). This would prohibit an applicant from requesting a deviation from the previous building envelope if the applicant was seeking to merely increase the number of parking spaces beyond the number previously provided on site, but not provide enough spaces to completely fulfill the existing parking requirements for the building. The change suggested during the study session has been incorporated into the Draft Ordinance; however, staff suggests that the Planning Commission discuss this point further. Staff has concerns that this change would discourage a property owner from adding additional parking spaces in non conforming buildings that could be beneficial to the community. Additional Information Requested by Planning Commission Several commissioners asked staff to return with additional information on several aspects of disaster recovery. The information requested is provided below. Type of temporary structures that are common after a disaster A Planning Commissioner had a question about the type of temporary structures that are generally used after a large-scale natural disaster. Staff research indicates that there are a variety of structures that can be used for temporary shelter or to house businesses or critical services temporarily after a natural disaster. For example, human shelter has been provided using the following in past disasters: Prefabricated buildings or prefabricated components that can be fashioned into a buildings Mobile homes or trailers Tents and fabric structures Structures built from available materials such as timber, clay, and building scraps Each disaster is unique, and it is difficult to predict the extent of potential damage, or the type of temporary structures that may be used in any given situation.

79 Planning Commission Report: March 26, 2015 Disaster Recovery Ordinance Update Page 6 of 7 Type of fees levied on new prolects During the study session in January, a commissioner asked staff to provide more information about the fees levied on new developments. Staff has compiled a general list of fees that may be levied on a multi-family project in the City of Beverly Hills. The fees include3: Planning Application Fees Development Plan Review Architectural Review Environmental Review Building Permit Fees Plan Check Fee Building Permit Shoring/Grading Permit Plumbing Permit Electrical Permit Mechanical Permit Off-site improvements (curb and gutter permit, paving replacement inspection, utility permit, street use/hauling) Taxes + Other Fees Park and Recreation Tax Dwelling Unit Tax School Fee The current disaster recovery ordinance exempts applicants from the Planning Application Fees and Fine Arts Requirement (for commercial projects). The Planning Commission did not express interest in changing language in the ordinance to waive any additional fees. CONSISTENCY WITH GENERAL PlAN AND OTHER CITY PLANS General Plan The Safety Element of the General Plan contains language including Goal S 7.14 Post Disaster Reconstruction which calls for the City to participate in the development of programs and procedures that emphasize coordination between appropriate public agencies and private entities to remove debris and promote rapid reconstruction following a disaster event. Updating and codifying disaster reconstruction and rebuild regulations can help aid coordination between public and private agencies in order to promote rapid reconstruction following a disaster. Please note that this is a general list and projects may be subject to different fees and taxes and should be assessed on a case by case basis.

80 Planning Commission Report: March 26, 2015 Disaster Recovery Ordinance Update Page 7 of 7 Hazard Mitigation Action Plan The City s Hazard Mitigation Plan was adopted by the City in 2010 and by FEMA in This plan specifically promotes policies and programs designed to protect the public, crucial facilities, infrastructure, private and public property and the environment from natural and manmade hazards. The plan is currently being updated by staff and is expected to be considered by the City Council and reviewed by FEMA sometime in late Staff will work to ensure that the recommendations from the Planning Commission are integrated into the Hazard Mitigation and Action Plan as appropriate. ENVIRONMENTAL REVIEW The Amendments have been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq.( CEQA ), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.), and the City s Local CEQA Guidelines (hereafter the Guidelines ), The Planning Commission finds that adoption of the Amendments will not have a significant environmental impact and is exempt from CEQA pursuant to Section of Title 14 of the California Code of Regulations because the Amendments represent minor alterations in land use limitations and do not result in any changes in land use or density. RECOMMENDATION Adopt a resolution recommending to the City Council an ordinance amending the Beverly Hills Municipal Code revising and codifying reconstruction standards relating to buildings damaged by disaster. Pursuant to the provisions set forth in the California Environmental Quality Act, the Commission will also consider adoption of a Categorical Exemption for the amendment. Report Reviewed By: Michele McGrath Principal Planner

81 Attachment 8 January 22, 2015 Planning Commission Staff Report (without attachments)

82 City of Beverly Hills Planning Division 455 N. Rexford Drive Eeverfy Hills, CA TEL. (310) FAX. (310) Planning Commission Report Meeting Date: January 22, 2015 Subject: Disaster Recovery Ordinance Update Recommendation: Discuss Current Disaster Recovery Ordinances and Direct Staff to Return with a Draft Ordinance REPORT SUMMARY The City s zoning code establishes regulations for buildings, properties and uses in the City. In the event of an emergency or natural disaster, buildings and properties can be damaged or destroyed and are often rebuilt after the disaster. Increasingly, jurisdictions are adopting disaster recovery and rebuilding policies. The City of Beverly Hills has some regulations that govern certain aspects of disaster recovery; however, there is a desire to expand, update and clarify the code language in order to promote resiliency through effective planning. Updating the disaster recovery and rebuilding ordinances was included as part of the 2013/2014 Fiscal Year Budget for Community Development. This report summarizes the recovery ordinances that were adopted by the City in 1995 and 1998 and are currently in effect. Staff is seeking input from the Planning Commission on potential updates to these ordinances and will return at a later date with a draft updated disaster recovery ordinance for further consideration. BACKGROUND Need for a disaster recovery ordinance As described in the Safety Element of the City s General Plan, the City of Beverly Hills is located in a region that has experienced, and will experience natural disasters in the future. Three earthquake faults, the Hollywood Fault, the Santa Monica Fault, and the Newport Inglewood Fault, run through the City. Additionally, much of the northern portion of the City is located in a very high fire hazard severity zone. As such, it is important to have standards in place that govern the process for rebuilding after a natural disaster has occurred. Generally, disaster recovery ordinances can: Provide development standards for legally non-conforming properties after disaster Outline demolition procedures for damaged structures Establish a process for planning and building permitting after a disaster Provide for and regulate the use of temporary structures on a property Set forth inspection service plan and procedures Attachments: Disaster Recovery Ordinance Disaster Recovery Ordinance Report Author and Contact (ntormation: Timothea Tway Associate Planner (310) ttway@beverlyhills.org

83 Planning Commission Report: January 22, 2015 Disaster Recovery Ordinance Update Page 2 of 8 Research benefits Many on of a disaster recovery illustrates the importance disaster recovery other aspects for recovery prior to ordinance are outlined of planning a The and rebuilding below. of recovery, such as Emergency Control handling utilities, public social services, and building issues by City policies and This and by Planning Commission will only and rebuilding built disaster displaced persons, etc. are addressed recovery ordinance considered the regulations related to the the safety, community centers, through other the environment. programs. Operations study session address recovery disaster. Center, code the disaster Benefits of a disaster recovery ordinance disaster recovery reconstruction standards property owners, business owners, residents Including govern and planning and building activities. Benefits for property owners and residents Provide a level of Establishing property owners Expedite expectation for reconstruction recovery time and rebuilding the in City by recovery standards the and can as to what uses and buildings may be Establishing policies could in a by clearly will can also be in a way could timetines review for following a disaster established post-disaster establishing shorter disaster. zoning code outlining clear processes provide rebuilt, and can provide and rules a level of how, a after result more timely establishing the regulations that apply at the time. developed and that periods benefits for that expectation for disaster. rebuilding of city The the after a regulations expedite the recovery process development applications in the by period Reduce Procedures burden on can be property owners to make property owners established that attempt to reduce monetary rebuilding less costly after a natural disaster (fees) and time burdens on Reduce Establishing allow and stress and dislocation clear standards for rebuilding and rebuilding and property owners, residents reduce the stress related to after indicates that retaining residents and businesses recover City from a disaster more effectively. a disaster tenants to reoccupy can buildings of the potential dislocation in a City reduce the stress of immediately after more populations. a rebuilding quickly. This can Research can help a disaster Benefits for the City Ensure the essential improvements Reconstruction standards safety and/or zoning can in reconstructed structures include regulations to ensure that buildings standards and are more resilient to future disaster events. are rebuilt to current

84 Planning Commission Report: January 22, 2015 Disaster Recovery Ordinance Update Page Expedite the process after a disaster for recovery A disaster recovery ordinance and reconstruction standards can save staff time and allow more redevelopment during the post-disaster phase resulting in expedited recovery and reduced delays in rebuilding efforts. This could also help retain businesses and maintain a tax base, which would be needed in order to provide City services. Simplifies enforcement activities Clearly outlining post-disaster recovery standards and practices can make inspections and permitting more streamlined by removing uncertainty of rebuilding rules and regulations. DISCUSSION Summary of current disaster recovery regulations in Beverly Hills The City has several disaster reconstruction ordinances that were passed in the 1990s that are in effect but were never codified. A summary of the ordinances is provided below. In 1995 the City Council adopted an ordinance that established a program to facilitate the reconstruction of buildings after a disaster. This disaster recovery ordinance established a Disaster Reconstruction Permit, which allows the owner of any building which has been damaged by a disaster to the extent of more than 50% of the building s replacement value to repair and reconstruct the building according to a set of standards set forth in the ordinance. The Disaster Reconstruction Permit and related standards would only be available to property owners if a state of emergency is declared by the City Council, except in the case of multiple-family residential structures, which are separately regulated (see page 6 of this report). Prior to the adoption of the ordinance in 1995, if a structure was destroyed during a disaster, any new development on the site would have had to conform to all existing zoning laws. This meant that existing legally nonconforming structures, such as commercial buildings taller than three stories, could not be rebuilt to the height, mass, or density of the building that existed prior to the disaster. The 1995 ordinance attempted to balance competing objectives related to land use and community character. If widespread disaster were to strike and a disaster were declared, the natural implementation of the City s planning and zoning standards would be interrupted through the activation of this ordinance. The activation of the ordinance would permit rebuilding after a disaster with an understanding that it may be more valuable to allow buildings to be rebuilt as they were in order to maintain the current character of the community, than requiring that they meet current code. Allowing The Beverly Hills Municipal Code Title 9 Chapter 6 Postdlsaster Recovery and Reconstruction includes information on safety assessment placards, demolition and disaster repair and reconstruction. These sections address the building and safety aspects of disaster reconstruction. The Disaster recovery regulations discussed in this report relate to planning and zoning requirements. The Disaster reconstruction Ordinance should not be confused with the Seismic Safety Ordinance (1992), which lays out a series of standards to make existing unreinforced masonry buildings safer during earthquakes and allows existing buildings to be demolished and replaced with a new structure of comparable size and constructed in accordable to modern engineering standards.

85 Planning Commission Report; January 22, 2015 Disaster Recovery Ordinance Update Page4ofs building existing buildings like and also help of buildings along Wilshire were damaged and City could lose commercial and many Additionally, of in parking and land a character owners to replace because retain the economic base space changes developer to redevelop the properties after In 1998 ordinance. the disaster. City Council The amendments the time adopted a included: to were not for like could help City. For able rebuild would be it may which could the businesses to height standards, to current code, second ordinance, 1. Extending limit exercise rights from five (commercial to exercise rights) development two years 2. Require parking standards two to deficient years single-family which example, retain the if the to current height forced to relocate out result not be in amended the under the ordinance and 3. Provide a staff-level minor feasibly meet the current parking reconstruction cannot 4. Provide a staff-level reconstruction cannot the bedroom density prevent the resulting development 5. Limit parking standards. multi-family community existing legally and density, of City. viable a economically non-conforming the the for vacant and underutilized 1995 for single family disaster recovery residential residential development have residential reconstruction to meet current accommodation for reduced minor accommodation for front parking for standards yard paving feasibly meet the current parking in multiple-family from increasing standards, and residential reconstruction a deficiency cases where for cases where in a in parking parking single-family single-family manner thatwould relative to the current Reconstruction standards: The following multi-family 1998 ordinances; table summarizes the current disaster recovery standards residential and single-family residential zones in the for City as development established in by commercial, and Disaster Reconstruction Standards Commercial Multiple-Family Residential Single-Family Residential Density/Floor Cannot exceed existing or Cannot exceed existing or former Cannot exceed existing or Area former floor area number of dwelling units. Cannot former floor area. exceed existing or former aggregate unit floor area. Must provide at least as much floor area per unit as the existing/former building. Height Must be entirely within the Must be entirely within the Must be entirely within envelope of the existing or envelope of the existing or former the envelope of the former building building existing or former building. Setbacks Must be within the footprint of Must be entirely within the Must be entirely within the existing or former building, footprint of the existing or former the footprint of the building, existing or former building. the 1995

86 Planning Commission Report: January 22, 2015 Disaster Recovery Ordinance Update Page Parking Buildings conforming to Existing parking must be replaced. Current Code existing height and density Existing parking ratio (bedrooms) requirements. standards only have to replace is a minimum. Where the existing parking. Buildings replacement/reconstructed exceeding either existing building will exceed the current height or density standards density standards, one additional must meet current parking parking space per unit in excess of standards. the density limit. Front yard Not applicable. Current Code requirement. Current Code paving requirement. Minor accommodation can be granted to accommodate Code-required parking. Architectural Required for all buildings Required for all buildings Not Applicable. Review Development Required for buildings Required for reconstruction Not Applicable. Plan Review exceeding current height or where no City emergency had density standards. May be been declared. May be used in used in cases to accommodate cases to accommodate parking parking (either reduce amount (either reduce amount required required or allow buildings or allow building outside existing outside existing envelope for envelope for parking purposes). parking purposes). Time to Two years. Two years. Five years*. exercise rights Fees and Planning Application, Parks and Planning application, Parks and Planning application, charges Rec taxes, and Fine Arts rec taxes, and Fine Arts parks and rec taxes and requirements waived requirements waived fine arts requirements waived. Non-conforming parking waiver: Parking is a common deficiency of older developments in the City, many of which were developed when parking requirements were different than today. If a property owner wishes to rebuild a building after a disaster, and the building is non-conforming in terms of parking, the owner may request relief from the requirement to provide code-required parking if the property cannot physically accommodate additional parking or if the provision of parking would present undue economic hardship for the applicants. Additionally, the applicant may be allowed to repair or reconstruct the building so that the building extends beyond the pre-damage height envelope or building footprint (but not beyond the pre-damage maximum height or minimum setback) for the sole purpose of accommodating parking on the site. Fees: The 1995 ordinance exempted applicants from Planning and Architectural Application fees as part of a repair or reconstruction effort after a disaster. Repair and reconstruction of buildings damaged by a disaster are also exempt from the fine art requirements in the Beverly Hills Municipal Code. Temporary structures:

87 Planning Commission Report: January 22, 2015 Disaster Recovery Ordinance Update PageGofS For a period of six months after the Mayor or City Council declare an emergency, or upon authorization by the City Manager, the Director of Planning may issue permits to construct and utilize temporary structures for the purpose of housing a use in a zone in which the use is otherwise prohibited or conditionally permitted. The permit shall be issued upon determining that the temporary structure will serve a public need and will be compatible with the neighborhood. The Director may impose an expiration date on the permit. A building owner may also request a permit to construct and utilize a temporary structure for a period of 90 days to house the use that previously occupied a building if the building may not be lawfully occupied due to damage. The allowance of temporary structures after a disaster can help residents stay in the City after a disaster and businesses continue to operate should their permanent structures need repair. Multiple family residential structures that are involuntarily damagedfor reasons other than a disaster: Owners of multiple-family buildings that are damaged for reasons other than a declared City disaster (such as a fire) may also take advantage of the disaster reconstruction standards outlined in the ordinance. Senate Bill 2112 mandates that local agencies allow the like for like rebuilding of non conforming multiple-family residential structures, regardless of whether a state of emergency has been declared. RECOMMENDATION After reviewing best practices and literature on disaster recovery and analyzing the weaknesses of the existing regulations, staff recommends that the Planning Commission direct staff to: I. Return with a draft ordinance to codify existing regulations and make minor changes that are needed to clarify and modernize the regulations. While the regulations that were adopted in 1995 and 1998 are currently in effect, they were never codified. The absence of these disaster recovery and rebuild regulations from the zoning code often leads to confusion regarding the regulations. Outlining the regulations in the zoning code will make it easier for the public and staff to access information about the regulations and to understand what can and cannot be rebuilt after a disaster. Staff finds the current disaster recovery regulations outlined in the 1995 and 1998 ordinances to be generally in-line with best practices. However, staff recommends making several minor changes to the existing regulations. Some of the changes are needed in order to ensure that the ordinance accurately represents the current structure of the department, which has changed since the 1990s. For example, the 1998 ordinance requires applicants to submit applicants to the Department of Building and Safety, which no longer exists due to departmental restructuring and renaming. Staff also recommends changing the regulations to allow temporary structures on a site for a period of more than 90 days after a disaster. If a building may not be lawfully occupied due to damage from a disaster, it is likely that the building owner will not be able to complete the needed repairs within 90 days of a disaster. In the interest of ensuring that residents and