Planning Commission Report

Transcription

1 çbevrlyrly City of Beverly Hills Planning Division 455 N. Rexford Drive Beverly Hills, CA TEL. (310) FAX. (310) Meeting Date: Subject: Project Applicant: Recommendation: 705 NORTH ROXBURY DRIVE Central R-1 Permit (PU ) Central R-1 Permit to allow a new one-story, 22 -tail accessory structure plus basement located in the rear and side yard setbacks. Pursuant to the provisions set forth in the California Environmental Quality Act (CEQA), the Planning Commission will also consider finding the project categorically exempt from further review under CEQA. Murray D. Fischer, on behalf of Peter and Linda Jankowski Staff recommends that the Planning Commission conduct a public hearing and receive testimony on the project, and adopt the attached resolution conditionally approving a Central R-1 Permit to allow construction of the proposed one-story accessory structure. REPORT SUMMARY A request has been made for a Central R-1 Permit to allow the construction of a 477-square-foot, one-story accessory structure in the side and rear setbacks with a height of 22 on the property located at in the Central Area of the City. This report provides a detailed description of the project and provides analysis on key issues relating to the findings for the requested entitlement. Specifically, this report highlights considerations for scale and massing of the streetscape, light/air and privacy impacts to neighboring properties, and the garden quality of the City. Analysis was also conducted regarding scale and massing as viewed from neighboring properties, and based on this analysis, the recommendation in this report is for project approval. Attachment(s): A. Zoning Compliance Table B. Required Findings C. Draft Resolution D. Public Notice E. Architectural Plans (Provided as a Separate Attachment) Report Author and Contact Information: Cynthia de Ia Torre, Associate Planner (310) cdelatorre@beverlyhills.org 57

2 ERLY (!J Page 2 of 10 BACKGROUND File Date Application Complete CEQA Recommendation CEQA Deadline Permit Streamlining Applicant(s) Owner(s) Representative(s) Registered Legislative Advocate(s) Prior PC Action Prior Council Action 7/11/17 12/01/17 Class 3 Categorical Exemption 60 days from CEQA Determination 60 days from determination of Exemption Peter and Linda Jankowski Peter and Linda Jankowski Murray D. Fischer Murray D. Fischer None None PROPERTY AND NEIGHBORHOOD SETTING Property Information Address Assessor s ID No. Zoning District General Plan Existing Land Use(s) Lot Dimensions & Area Year Built Historic Resource Protected Trees/Grove Adiacent Zoning and Land Uses North South East West R-IX One-Family Residential Zone (Central Area) Single-Family Residential Medium Density Single-Family Residence Lot width: 80 (east); 83 (west) Lot depth: (north); (south) Area: 12,881 SF 1924; substantial remodel in 2011 The property was not designed by a Master Architect and due to loss of architectural integrity, is not considered an eligible historic resource. N/A R-1.X Single-Family Residential R-1.X Single-Family Residential R-1.X Single-Family Residential R-1.X Single-Family Residential Circulation and Parking Adjacent Street(s) Adjacent Alleys Parkways & Sidewalks Nearest Intersection North Roxbury Drive 20 alley to the rear (west) of the property 17.5 east parkway North Roxbury Drive and Elevado Avenue 58

3 çierly Page 3 of 10 NEIGHBORHOOD CHARACTER The subject property is located on the west side of the 700 block of North Roxbury Drive in the Central Area of the City, north of Santa Monica Boulevard and south of Sunset Boulevard (commonly known as The Flats ) in a predominantly single-family residential neighborhood. Lots in the vicinity are generally uniform in width, depth, and overall size with flat pads. Single-family homes in the neighborhood are mostly two-stories with consistent front yard setbacks (40 ), and many properties also contain one- and two-story accessory structures located in the rear and side yard setbacks. The property at the southwest corner of Linden Drive and the alley is vacant; a new two-story single-family residence with a new cabana is currently in plan check. The project site is developed with a two-story single-family residence with 199 square feet of basement mechanical area, a carport at the rear, and a 338-square-foot garage. There is a 20 - wide alley to the rear of the subject property that runs parallel to North Roxbury Drive. Fig. I - Project Site Outlined in Magenta Source: Bing Maps 59

4 Page 4 of 10 Fig. 2 - Front Elevation of the Main Residence Facing North Roxbury Drive Source: Google Maps Fig. 3 - Rear Elevation of the Project Site Showing Carport Along Alley Source: Google Maps 60

5 Site BEVE R LY HILLS Page 5 of JO PROJECT DESCRIPTION The project includes the following elements: A new one-story accessory structure with basement. The proposed structure would replace an existing carport in a substantially similar location on the project site (southwest corner). The proposed accessory structure request consists of the following: o 477-square-foot, 22 -tall pool house that encroaches in the required building envelope for an accessory structure located in a side yard that does not abut an alley1; o Located in the required rear and side yard setbacks for the principle building; The structure would be set back 4 from the south side property line and 1-6 from the rear property line. o The pool house is proposed with a bathroom, a closet, a fireplace, and stairs that lead to the basement storage area (exempt from floor area calculations). A kitchen is not proposed in the structure. The structure as currently proposed would not contain complete, independent living facilities sufficient to deem the structure an accessory dwelling unit. Fig. 4 Plan (Proposed Accessory Structure within Required Rear and Side Yard Setbacks Outlined in Magenta; Required Setbacks Shown in Green) 1 BHMC B.2 61

6 BEVERLY H ILLS Page 6 of 10 REQUIRED ENTITLEMENTS. As proposed, the project requires the following entitlements: Central R-1 Permit. Pursuant to Beverly Hills Municipal Code (BHMC) F., a request for a Central R-1 Permit to allow an accessory structure located within the required side and rear setbacks to be over 14 in height and to exceed the building envelope required for an accessory structure located in a side yard that does not abut an alley. GENERAL PLAN POLICIES The General Plan includes numerous goals and policies relevant to the Planning Commission s review of the project, including: Policy LU 2.1 City Places: Neighborhoods, Districts, and Corridors. Maintain and enhance the character, distribution, built form, scale, and aesthetic qualities of the City s distinctive residential neighborhoods, business districts, corridors, and open spaces. Policy LU 2.4 Architectural and Site Design. Require that new construction and renovation of existing buildings and properties exhibit a high level of excellence in site planning, architectural design, building materials, use of sustainable design and construction practices, landscaping, and amenities that contribute to the City s distinctive image and complement existing development. Policy LU 6.1 Neighborhood Identity. Maintain the characteristics that distinguish the City s single-family neighborhoods from one another in such terms as topography, lot size, housing scale and form, and public streetscapes. Policy LU 6.2 Housing Character and Design. Require that new, renovated, and additions to housing be located and designed to maintain the distinguishing characteristics and qualities of the neighborhoods in which they are located, including prevailing lot sizes, building form, scale, massing, relationship to street frontages, architectural design, landscaping, property setbacks, and other comparable elements. Policy LU 6.3 Housing Scale and Mass. Regulate renovations of and additions to singlefamily housing to ensure that they do not adversely alter the contextual scale, mass, and design qualities of existing structures. ENVIRONMENTAL ASSESSMENT The subject project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines2, and the environmental regulations of the City. The project appears to qualify for a Class 3 Categorical Exemption ( New Construction or Conversion of Small Structures) as new construction of an accessory structure, and therefore appears to be exempt from further review under the provisions of CEQA. 2 The CEQA Guidelines and Statue are available online at 62

7 Page 7 of 10 PUBLIC OUTREACH Type of Notice Newspaper Notice AND NOTIFICATION Required Actual Period Period N/A N/A Required Date N/A Notice Actual Notice Date N/A Mailed Notice (Owners & Occupants Radius + block-face) Property Posting 10 Days 10 Days 13 Days 13 Days 1/29/18 1/29/18 1/26/18 1/26/18 Agenda Posting 72 Hours 7 Days 2/1/18 2/1/18 Website 72 Hours 7 Days 2/1/18 2/1/18 Public Comment Notice of this hearing was mailed to all property owners and residential occupants within a 500 radius of the project site, plus block-face, and posted on the site. As of the writing of this report, no written comments have been received on this project. ANALYSIS Project approval, conditional approval, or denial discretionary application requested by the applicant. report in Attachment B and may be used to guide the subject project. Additionally, staff s analysis is consideration. is based upon specific findings for each The required findings are included with this Planning Commission s deliberation on the provided below for the Commission s Height. The roof of the proposed accessory structure includes a 62-square-foot flat area for mounting mechanical equipment. Pursuant to the zoning code, a structure s roof is considered flat if more than 5% of the total roof area is flat. The flat area for mechanical equipment comprises 9% of the proposed roof area, therefore the proposed roof is considered to have a flat roof. The remaining 91 % of the roof structure consists of a steeply pitched roof with dormers. The proposed accessory structure would have a maximum height of 22 measured to the highest point of the pitched roof, which is 6 less than the 28 maximum height (for a flat roof) that could be requested for this project through a Central R-1 Permit3. The proposed structure would also have a plate height of 13, which is 9 less than the 22 maximum that would otherwise be allowable with a Minor Accommodation4 or Central R-1 Permit. The pool house consists of a sloped roof with a stone veneer that would complement BHMC C.2 The project does not satisfy all of the criteria in subsection G ( G.)to be eligible for a Minor Accommodation pursuant to BHMC C.2. 63

8 Page 8 of 10 the main residence and includes a chimney that projects two feet above the highest point of the roof. The majority of the properties abutting the alley between North Linden Drive and North Roxbury Drive are developed with one-story accessory structures. Of the 27 properties located on the alley segment between Elevado Avenue and Lomitas Avenue, there are two properties with two-story structures; the rest of the properties that do have accessory structures (18) have been developed with one-story accessory structures. The proposed pool house would be taller than the existing single-story accessory structures, as these structures do not appear to exceed 14 in height. The proposed height of the accessory structure would be generally consistent with the building height of the two existing two-story accessory structures located on the subject alley, which are 19 -tall and 23 -tall, respectively. As a result of the structure s architecture, the height is appropriately incorporated into the design, consistent with the heights of accessory structures in the vicinity, and complementary to the architecture of the main residence. Proximity to Adjacent Properties. The proposed accessory structure would be located approximately 126 from the east property line, which fronts on North Roxbury Drive, 61 from the north side property line, and 4 from the closest side property line along the south of the site. The zoning code requires a minimum four-foot side setback for accessory structures located in a side yard that does not abut an alley5. The proposed structure would be completely screened from North Roxbury Drive by the existing two-story main residence and attached garage. The accessory structure will be set back substantially from the north side property line and screened from the north by existing ficus, palm and olive trees on the project site. The neighbor to the south of the subject property currently maintains mature landscaping along the south side property line, which would block any potential views from the subject property into the adjacent property. The mechanical equipment proposed on the roof of the pool house will be screened from the neighbor to the south by a four-foot-tall barrier, and integrated into the design of the pool house. Furthermore, the mechanical equipment is conditioned to operate in accordance with the City s noise regulations, thereby mitigating potential noise impacts to the neighbor to the south. With respect to the property (704 North Linden Drive) across the alley, the proposed accessory structure maintains a 1-6 setback, which in addition to the 20 rear alley, provides adequate separation between the subject property and the property across the alley. More specifically, the proposed accessory structure would be a distance of approximately 35 from the closest portion of the neighboring building to the west across the alley, and a distance of approximately 72 from the remaining portions of the neighboring building to the west across the alley. The accessory structure building footprint runs parallel to the rear property line for a length of approximately 18 across the 83 -wide site, which represents less than a quarter of the entire site width. Light, Air, and Privacy. The proposed pool house would be one story with a basement. The pool house does not include any windows along the south-facing wall, which is closest to the south side property line adjacent to the neighboring property s backyard, nor along the west facing wall closest to the alley. Due to the lack of windows facing those directions, privacy BHMC B.2 64

9 çiierly (9 Page 9 of 10 impacts to the neighboring property to the south and to the west, across the alley, are not anticipated. The neighboring property to the south contains an existing one-story, 14 -tall, pool house located approximately 8 from the proposed accessory structure. Although the proposed structure is located relatively close to the neighboring pool house structure, the neighbor s pool house structure does not contain a second story with habitable space that would potentially be subjected to light, air, or privacy impacts. The proposed accessory structure would have windows facing north, toward the interior of the project site, 61 from the north side property line. Views to the north property would be substantially screened by existing ficus maintained along the north side property line. The proposed accessory structure would also have one window facing east, toward the rear of the main residence and garage on the project site. Due to the considerable distance between the proposed accessory structure and habitable structures on neighboring properties, as well as the design of the proposed pool house, it is not anticipated that the proposed structure would result in substantial adverse impacts on privacy or the availability of light and air of neighboring properties. Summary of Project Benefits and Concerns. Based on the analysis provided above, a summary of the Project s potential benefits and potential concerns is provided in the table below for the Planning Commission s consideration. Potential Benefits Potential Concerns Structure would not be visible Placement of mechanical from North Roxbury Drive and equipment facing neighboring landscape screening exists property to the south. along north, west, and south property lines. Windows are not proposed along south-facing wall, which is closest to the south side property line adjacent to the neighboring property s backyard, nor along the westfacing wall closest to the alley. Structure observes the minimum four-foot side setback. Requested 22 -tall building is below the 28 maximum height that_could_be_requested. 65

10 tls Page 10 of 1 0 NEXT STEPS It is recommended that the Planning Commission conduct the public heating and adopt the attached resolution conditionally approving a Central R-1 Permit to allow construction of the proposed one-story, 22 -tall accessory structure in the rear and side yard setbacks. Alternatively, the Planning Commission may consider the following actions: 1. Approve the project with modified findings or conditions of approval. 2. Deny the project, or portions of the project, based on revised findings. 3. Direct staff or applicant as appropriate and continue the hearing to a date (un)certain, consistent with permit processing timelines. Report Reviewed By: asa Alkire, AICP, Principal Planner 66

11 çierly Attachment A Zoning Compliance Table 67

12 ZONING ANALYSIS ALLOWED! REGULATIONS REQUIRED EXISTING PROPOSED NOTES Floor Area 6652 SF 3, SF 3, SF *Total garage is No change from Main Residence N/A 3, SF SF and is exempt from existing floor area No change from Garage N/A SF* existing **Basements are exempt Pool House N/A 0 SF 477 SF from floor area (Basement)** N/A (477 SF) calculation 14 max and Heights refer to adherence to proposed new accessory building envelope for structure. Central R-1 Height an accessory Permit required for the structure located in proposed structure a side yard that exceed 14 in height. No does not abut an changes proposed to alley main residence height. Setbacks Setbacks listed hereonly Front l refer to the proposed Side (North) accessory structure. Central R-1 Permit could Side (South) allow encroachment into Rear side setback. Bedrooms N/A 5 6 The pool house constitutes a bedroom per the zoning code definition of bedroom6. Modifications to the garage are proposed to Parking 4 spaces 3 spaces 4 spaces accommodate the additional required parking space behind it. Accessory Dwelling Unit7 ADU must provide complete, independent living facilities for sleeping, sanitation, and cooking The proposed pool house does not provide facilities for cooking. Does not qualify as an ADU. 6 BEDROOM: Any room, including a den or similar room, capable of being used as sleeping quarters in a customary manner. BHMC (Accessory Dwelling Units) 68

13 C- Attachment B Required Findings 69

14 FINDINGS and F. Central R-1 Permit Findings The reviewing authority shall not issue a Central R-1 permit to allow an accessory structure to exceed 14 in height unless the reviewing authority finds that the proposed development will not have a substantial adverse impact on: 1. The scale and massing of the streetscape; 2. Neighbors access to light and air; 3. Neighbors privacy; 4. The garden quality of the city; and 5. Adjacent properties or the public welfare. In making its determination regarding substantial adverse impact on adjacent properties or the public welfare, the planning commission may look at such factors as the impact of the accessory structure on the scale and massing as viewed from adjacent properties, the impact of the accessory structure on available light in neighboring yards, and the cumulative impact to adjacent properties from the proposed accessory structure in combination with existing accessory structures in the vicinity. 70

15 Attachment C Draft Resolution 71

16 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BEVERLY HILLS CONDITIONALLY APPROVING A CENTRAL R-l PERMIT TO ALLOW THE CONSTRUCTION OF A ONE-STORY, 22 -TALL ACCESSORY STRUCTURE PLUS BASEMENT LOCATED [N THE SIDE AND REAR YARD SETBACKS ON A PROPERTY LOCATED IN THE CENTRAL AREA OF THE CITY AT 705 NORTH ROXBURY DRIVE. determines as follows: The Planning Commission of the City of Beverly Hills hereby finds, resolves, and Section 1. Murray D. Fischer, on behalf of Peter and Linda Jankowski (the Applicant ), has submitted an application for a Central R-1 Permit to allow the construction of a one-story accessory structure with a height of 22 within the otherwise required side and rear setbacks on the property located at in the Central Area of the City (the Project ). The Project does not meet all by-right development standards, and therefore requires entitlements that can be granted by the Planning Commission pursuant to the issuance of a Central R-1 Permit. Section 2. The subject property is located on the west side of the 700 block of North Roxbury Drive in the Central Area of the City, north of Santa Monica Boulevard and south of Sunset Boulevard (commonly known as The Flats ) in a predominantly single-family residential neighborhood. Lots in the vicinity are generally uniform in width, depth, and overall size with flat pads. Single-family homes in the neighborhood are mostly two-stories with consistent front yard setbacks (40 ), and many properties also contain one- and two-story accessory located in the rear and side yard setbacks. The Project site is developed with a two-story single- 72

17 family residence with 199 square feet of basement mechanical area, a carport at the rear, and a 338-square-foot garage. There is a 20 -wide alley to the rear of the subject property that runs parallel to North Roxbury Drive. The Project includes the following elements: A new one-story accessory structure with basement. The proposed structure would replace an existing carport in a substantially similar location on the Project site (southwest corner). The proposed accessory structure consists of the following: o 477-square-foot, 22 -tall pool house that encroaches in the required building envelope for an accessory structure located in a side yard that does not abut an alley; o Located in the required rear and side yard setbacks for the principle building; The structure would be set back 4 from the south side property line and 1-6 from the rear property line. o The pool house is proposed with a bathroom, a closet, a fireplace, and stairs that lead to the basement storage area (exempt from floor area calculations). A kitchen is not proposed in the structure. The structure would not contain complete, independent living facilities sufficient to deem the structure an accessory dwelling unit. Section 3. The Project has been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et 2 73

18 seq.( CEQA ), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.), and the environmental regulations of the City. The Project qualifies for a Class 3 Categorical Exemption ( New Construction or Conversion of Small Structures) as new construction of an accessory structure, and is therefore exempt from further review under the provisions of CEQA. Section 4. Notice of the Project and public hearing was mailed on January 26, 201$ to all property owners and residential occupants within a 500-foot radius of the property, plus block-face, and notice was posted on the property. On February 8,201$, the Planning Commission considered the application at a duly noticed public hearing. Evidence, both written and oral, was presented at the meeting. Section 5. In reviewing the request for a Central R-1 Permit, the Planning Commission considered whether it could make the following findings in support of the Project: 1. The structure will not have a substantial adverse impact on the scale and massing of the streetscape; 2. The structure will not have a substantial adverse impact on the neighbors access to light and air; 3. The structure will not have a substantial adverse impact on the neighbors privacy; 4. The structure will not have a substantial adverse impact on the garden quality of the City; and 5. The structure will not have a substantial adverse impact on adjacent properties or the public welfare. 3 74

19 Section 6. Based on the foregoing, the Planning Commission hereby finds and determines as follows with respect to the Central R-1 Permit: 1. The proposed one-story accessory structure would have a maximum height of 22 measured to the highest point of the pitched roof, which is 6 less than the 2$ maximum height that could be requested through a Central R-l permit as the structure s roof is considered flat for zoning purposes because the flat area of the roof exceeds 5% of the total roof area. The proposed structure would also have a plate height of 13, which is 9 less than the 22 maximum that would otherwise be allowable with a Minor Accommodation or Central R-l Permit. The pooi house consists of a sloped roof that would complement the main residence and includes a chimney that projects 2 above the highest point of the proposed roof. The proposed accessory structure is located approximately 126 from the east property line, which fronts on North Roxbury Drive. The proposed structure would be completely screened from North Roxbury Drive by the existing two-story main residence and attached garage. As a result of the structure s architecture, the height is appropriately incorporated into the design, the height is also consistent with the heights of two-story accessory structures in the vicinity, is complementary to the architecture of the main residence, and will not have a substantial adverse impact on the scale and massing of the streetscape. 2. The proposed accessory structure would be a distance of approximately 35 from the closest portion of the neighboring building to the west across the alley, and a distance of approximately 72 from the remaining portions of 4 75

20 the neighboring building to the west across the alley. The neighboring property to the south contains an existing one-story, 14 -tall, pool house located approximately 8 from the proposed accessory structure. Although the proposed structure is located relatively close to the neighboring pooi house structure, the neighbor s pool house structure does not contain a second story with habitable space that would potentially be subjected to light or air impacts. The other accessory structure on the neighboring property to the north is located approximately 67 from the proposed accessory structure on the subject property. Due to the considerable distance between the proposed accessory structure and habitable structures on neighboring properties, as well as the modulation in height on the proposed accessory structure due to the sloped roof design, it is not anticipated that the proposed structure would result in substantial adverse impacts on the availability of light and air of neighboring properties. 3. The proposed accessory structure would be one story with a basement. The proposed pool house does not include any windows along the southfacing wall, which is closest to the south side property line adjacent to the neighboring property s backyard, nor along the west-facing wall closest to the alley. Due to the lack of windows facing those directions, privacy impacts to the neighboring property to the south and to the west are not anticipated. Although the proposed structure is located relatively close to the neighboring pooi house structure to the south, the neighbor s pooi house structure does not contain a second story with habitable space that would potentially be subjected to privacy impacts. The other accessory structure on the neighboring property to the north is located approximately 67 from the proposed accessory structure on the subject property. The proposed accessory structure would 5 76

21 have windows facing north, toward the interior of the project site, 61 from the north side property line. View to the north property would be substantially screened by existing ficus maintained along the north side property line. Due to the considerable distance between the proposed accessory structure and habitable structures on neighboring properties, as well as the proposed accessory structure s sloped roof design, it is not anticipated that the proposed structure would result in substantial adverse impacts on privacy of neighboring properties. 4. The proposed project includes the maintenance of mature ficus along the north side and west side property lines, and maintenance of multi-stock olive trees and a palm tree within the rear yard area of the project site. Additionally, the landscape pian indicates mature ficus landscaping maintained by the neighbor to the south along the south property line that provides a green landscape buffer from the project site. Therefore, due to the types, sizes, and locations of existing landscaping surrounding the proposed accessory structure, the proposed project is not anticipated to result in any substantial adverse impacts to the garden quality of the City. 5. Although the Project exceeds the by-right maximum height of 14 for accessory structures located within a required side and rear setback, the Project has been thoughtfully designed in such a way that utilizes high-quality details and design. Additionally, the Project includes appropriate separation from neighboring properties and is set back approximately 126 from the front property line. Existing landscaping will screen the building from neighboring properties and the alley. Lastly, the mechanical equipment proposed on the roof of the pool house will be screened from the neighbor to the south by a four-foot-tall barrier, and integrated into the design of 6 77

22 the pool house. Furthermore, as conditioned, the mechanical equipment must operate in accordance with the City s noise regulations, thereby mitigating potential noise impacts to the neighbor. As a result of the Project s design, siting, and landscaping, the Project will not have a substantial adverse impact on adjacent properties or the public welfare. Section 7. Based on the foregoing, the Planning Commission hereby grants the requested Central R-1 Permit, subject to the following conditions: 1. Landscaping shall be installed and maintained in substantial compliance with the landscape plans approved by the Planning Commission on. The landscaping shall at all times be maintained in compliance with the height restrictions set forth in the Beverly Hills Municipal Code, and shall be maintained for the life of the Project. 2. Mechanical equipment located on the roof of the pooi house shall at all times be maintained in compliance with the noise regulations set forth in the Beverly Hills Municipal Code. 3. The Project shall be constructed in substantial compliance with the plans and specifications approved by the Planning Commission on. 4. The project shall operate at all times in compliance with municipal requirements prohibiting the use of alleys for construction vehicle parking and operations. 5. The applicant shall prepare and submit a construction management plan in a manner deemed satisfactory to the Director of Community Development or 7 78

23 his/her designee, and shall include provisions for mitigation of noise, parking, light, and any other construction impacts to surrounding properties or residents. The construction management plan shall be implemented during the entire course of construction. 6. APPROVAL RUNS WITH LAND. These conditions shall run with the land and shall remain in full force for the duration of the life of the Project. 7. Minor amendments to the plans shall be subject to approval by the Director of Community Development. A significant change to the approved Project shall be subject to Planning Commission Review. Construction shall be in conformance with the plans approved herein or as modified by the Planning Commission or Director of Community Development. 8. Project Plans are subject to compliance with all applicable zoning regulations, except as may be expressly modified herein. Project plans shall be subject to a complete Code Compliance review when building pians are submitted for plan check. Compliance with all applicable Municipal Code and General Plan Policies is required prior to the issuance of a building permit. 9. APPEAL. Decisions of the Planning Commission may be appealed to the City Council within fourteen (14) days of the Planning Commission action by filing a written appeal with the City Clerk. Appeal forms are available in the City Clerk s office. Decisions involving subdivision maps must be appealed within ten (10) days of the Planning Commission Action. An appeal fee is required. 10. RECORDATION. The resolution approving the Central R-l Permit shall not become effective until the owner of the Project site records a covenant, 8 79

24 satisfactory in form and content to the City Attorney, accepting the conditions of approval set forth in this resolution. The covenant shall include a copy of the resolution as an exhibit. The Applicant shall deliver the executed covenant to the Department of Community Development within 60 days of the Planning Commission decision. At the time that the Applicant delivers the covenant to the City, the Applicant shall also provide the City with all fees necessary to record the document with the County Recorder. If the Applicant fails to deliver the executed covenant within the required 60 days, this resolution approving the Project shall be null and void and of no further effect. Notwithstanding the foregoing, the Director of Community Development may, upon a request by the Applicant, grant a waiver from the 60 day time limit if, at the time of the request, the Director determines that there have been no substantial changes to any federal, state, or local law that would affect the Project. 11. EXPIRATION. Central R-1 Permit: The exercise of rights granted in such approval shall be commenced within three (3) years afier the adoption of such resolution. 12. VIOLATION OF CONDITIONS: A violation of any of these conditions of approval may result in termination of the entitlements granted herein. 9 80

25 Section 8. The Secretary of the Planning Commission shall certify to the passage, approval, and adoption of this resolution, and shall cause this resolution and his/her Certification to be entered in the Book of Resolutions of the Planning Commission of the City. Adopted: February 8, 201$ Lori Greene Gordon Chair of the Planning Commission of the City of Beverly Hills, California Attest: Ryan Gohlich, AICP Secretary of the Planning Commission Approved as to form: Approved as to content: David M. Snow Assistant City Attorney Ryan Gohlich, AICP Assistant Director / City Planner Community Development Department 10 81

26 LLS Attachment D Public Notice 82

27 çbeverlyrly NOTICE Of PUBLIC HEARING HEARING DATE: february 8,2018 TIME: MEETING LOCATION: PROJECT ADDRESS: 1:30 PM, or as soon thereafter as the matter may be heard Commission Meeting Room 280A Beverly Hills City Hall 455 North Rexford Drive Beverly Hills, CA The Planning Commission of the City of Beverly Hills, at its REGULAR meeting on Thursday, February 8, 2018, will hold a public hearing beginning at 1:30 PM, or as soon thereafter as the matter may be heard to consider: A request for a Central R-1 Permit to allow a new 477-square-foot, 22 -tall accessory structure plus basement in the rear and side yard setbacks on a property located in the Central Area of the City at. Pursuant to Beverly Hills Municipal Code (BHMC) F., the Central R-1 Permit would allow for the accessory structure to exceed 14 in height. The proposed structure would be located at the southwest corner of the subject property and have a maximum height of 22. The proposed accessory structure will be set back 1-6 from the alley and 4 from the south side property line. This project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA, Public Resources Code Sections et seq.), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections et seq.), and the environmental regulations of the City. The project appears to qualify for a Class 3 Categorical Exemption ( New Construction or Conversion of Small Structures) for the construction of an accessory structure appurtenant to the primary dwelling unit in a residential zone. The Planning Commission will consider City of Beverly Hills 455 N. Rexford Drive Beverly Hills, California p (310) f(310) BeverlyHills.org

28 finding that the project will not to have a significant environmental impact and is exempt from the provisions of CEQA. Any interested person may attend the meeting and be heard or present written comments to the Commission. Written comments also may be submitted prior to the public hearing to the Planning Division, via mail: attn. Cynthia de la Torre, 455 N. Rexford Drive, 1t floor, Beverly Hills, CA Written comments may also be submitted via to cdelatorrec4beverlyhffls.org. Any written comments received by Wednesday, January 31, 2018 will be attached to the agenda report regarding this item. Any comments received after January 31, 2018, but prior the public hearing, will be distributed to the Commission under separate cover. Please note that any comments received prior to or during the public hearing will be considered as part of the public record. According to Government Code Section 65009, if you challenge the Commission s action in court, you may be limited to raising oniy those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City, either at or prior to the public hearing. If there are any questions regarding this notice, please contact Cynthia de la Torre, Associate Planner in the Planning Division at (310) , or by at cdelatorre@beverlyhffls.org. Copies of the project plans and associated application materials are on file in the Community Development Department, and can be reviewed by any interested person at 455 North Rexford Drive, Beverly Hills, CA Sincerely, C hiadelatorre Associate Planner Date of mailing: January26, 2018 In accordance with the Americans with Disabilities Act, Commission Meeting Room 280A is wheelchair accessible and is equipped with audio equipment for the heating impaired. If you need special assistance to attend this meeting, please call the Planning Division at (310) 285- J or TY (310) Please notify the Planning Division at least forty-eight (48) hours prior to the meeting if you require captioning service so that reasonable arrangements can be made

29 clls Attachment E Architectural Plans (Provided as a Separate Attachment) 85