Beverly Hills Municipal Code Art. 28 Multiple-Family Residential Development Standards

Except as specifically provided in articles 12.5 and 12.8 of this chapter to accommodate housing for seniors and disabled persons, the development standards set forth in this article shall apply to all properties zoned R-4, R-4X1, and R-4X2. In addition, where specifically noted, the development standards shall apply to R-3 properties. The construction of a multi-family housing development as defined in this chapter shall comply with the development standards in this article, regardless of the underlying zone in which the multi-family housing development is constructed, unless specifically noted as inapplicable to properties in the R-3 zone. Nothing required by this article shall be construed to supersede the requirements set forth in chapter 2, article 7 of this title regarding the conversion of the form of ownership of an existing rental apartment building that has been determined by the planning commission to be a "character contributing building" in accordance with section 10-2-707 of this title to a common interest development within the meaning and definitions of that article. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 06-O-2497, eff. 4-6-2006; Ord. 25-O-2925, eff. 11-28-2025; Ord. 26-O-2931, eff. 7-1-2026)

A. Purpose and Applicability: The Beverly Hills Objective Design Standards (ODS), adopted by City Council resolution, shall apply to all new multi-family residential development that contain at least one deed-restricted affordable housing unit. The ODS protect Beverly Hills’ architectural legacy by requiring articulated facades, context-sensitive design elements, high-quality materials, and transitions adjacent to historic landmarks, among other design standards. By removing subjective design discretion, the standards facilitate predictable, efficient housing approvals, consistent with Government Code §§ 65589.5(h)(2), 65913.4 and similar statutes.

B. Architectural Review Exemption: Projects meeting all applicable ODS standards shall be exempt from architectural review pursuant to section 10-3-3007.J (Architectural Review Required) of this code. All other discretionary entitlements as required by this code remain applicable.

C. Concurrent Compliance: Projects subject to the ODS must also comply with all applicable development standards set forth in this article 28.

D. Resolving Conflicts Between Standards: Where a design element is regulated by both article 28 and the IODS, the more restrictive standard shall govern unless stated otherwise within the ODS.

E. Advisory Guidelines: In addition to the mandatory Objective Design Standards, advisory guide may be included in the ODS. which are intended to be advisory, do not impose mandatory requirements, and may be voluntarily used by applicants during discretionary Development Plan Review processes pursuant to section 10-3-3100. (Ord. 25-O-2925, eff. 11-28-2025)

The maximum number of dwelling units that may be constructed on a multiple-family zoned property is determined according to the street width of the site proposed for development and proximity to single-family residential zones.

Fractional calculations resulting in a remainder of site area exceeding seventy-five percent (75%) of the minimum required square footage per dwelling unit shall be rounded up to the next whole unit.

A. Within 170 Feet of A Single-Family Lot: The site is located less than 170 feet from the nearest single-family zoned property.

B. Streets Less than 34 Feet Wide: The site is not subject to Condition A, but is located on a public street with a width of less than 34 feet.

C. All Other Sites: The site is neither subject to Condition A nor B, and is at least 170 feet from a single-family lot and located on a street at least 34 feet wide.

D. Efficiency Bonus Unit: One additional dwelling unit may be permitted on a multiple-family residential site, and such additional unit shall not be subject to the density limitations of this section, provided that the additional unit is an efficiency unit and that the multiple-family residential building complies with all other development standards of this article.

E. Legal Nonconforming Units: Notwithstanding the density limits established in section 10-3-2801 of this chapter, a property with more dwelling units existing than permitted by the density limits established in this code or the City’s adopted General Plan shall reconstruct the same number of units that currently exist on site to comply with the criteria in Government Code Section 66300.6 (“demolition of housing units”) or its successor statute, provided the units were lawfully established and all new construction complies with applicable development standards. This provision shall also apply to any sites listed on the City’s adopted Housing Element Sites Inventory. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 00-O-2351, eff. 10-20-2000; Ord. 25-O-2925, eff. 11-28-2025)

A. The following minimum floor area requirements shall apply to dwelling units within a multiple-family residential development:

B. Outdoor Living Space: One-half (½) of the square footage of outdoor living space required by section 10-3-2803 of this chapter may be counted as part of the floor area of a dwelling unit if such outdoor living space:

• 1. Does not project into any required yard;
• 2. Is contiguous to the dwelling unit; and
• 3. Is designated for the exclusive use of the dwelling unit.

However, the outdoor living space shall not be counted as more than ten percent (10%) of the required minimum floor area of the dwelling unit.

C. Dwelling Unit Defined: Every room with a separate entrance from the street or from a common area of a building, which room is capable of being used as a bedroom, shall be deemed to be a separate dwelling unit if such room has its own bathroom or an adjoining bathroom. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 00-O-2351, eff. 10-20-2000; Ord. 25-O-2925, eff. 11-28-2025)

Each site area shall contain at least two hundred (200) square feet of usable outdoor living space for each dwelling unit. Required outdoor living space may be provided as private outdoor living space, common outdoor living space, or a combination of both, subject to the standards applicable to each type as follows:

The outdoor living space shall comply with the following conditions:

A. Private Outdoor Living Space: Area contiguous to a dwelling unit for exclusive use.

1. Minimum Size: Each dimension, including the length, width and depth of such space, shall measure at least five feet (5').

2. Required Location: Space shall be provided on or above the ground level and shall be screened from ground level.

B. Common Outdoor Living Space: Area developed for the use and recreation of all residents of the site:

1. Minimum Size: Each dimension, including the length, width and depth of such space, shall measure at least fifteen feet (15').

2. Required Location: Space shall be provided on or above the ground level.

C. Areas Excluded from Outdoor Living Space: The following shall not count toward outdoor living space:

1. Projections into Front Yards and Yard Areas Above Ground Level: Areas that project into a required front yard or into a required yard above the ground level.

2. Nonrecreational or Non-Accessible Areas: Portions of any parking space, driveway, pedestrian accessway, or utility area, such as a pool equipment area or trash area.

D. All required outdoor living space shall be free and clear of any permanent obstructions, developed and maintained in a neat and orderly manner and shall be safe, adequately surfaced, and accessible to the occupants of the dwelling units served by the space. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 25-O-2925, eff. 11-28-2025)

A. General Height Limitation: No building or structure in a multiple-family residential zone shall exceed the height limits as designated by the official Height District Maps adopted by the City Council and maintained by the city clerk and the department of community development.

B. Height Restriction for Narrow Lots: Regardless of the height district, no building or structure located on a site that is less than or equal to sixty feet (60') in width shall exceed three (3) stories or thirty three feet (33') in height.

C. Height District Boundaries: The boundaries of height districts A, B, and C are identified on the height district maps adopted by the city council and on file in the office of the city clerk and in the department of planning and community development. For purposes of clarification, where any single block is divided into two (2) or more height districts without an alley separating such height districts, the following provisions shall be applicable:

1. For those multiple-family residential zoned blocks lying within the area bounded on the east by the first alley west of Doheny Drive, bounded on the west by the first alley west of Spalding Drive, and bounded by Wilshire Boulevard on the north and Charleville Boulevard on the south:

a. The first two (2) lots adjacent to the commercial zone south of Wilshire Boulevard shall be in height district C;

b. The first two (2) lots north of Charleville Boulevard shall be in height district A, excepting therefrom the first two (2) lots north of Charleville Boulevard and lying within the first block west of Spalding Drive, the first two (2) lots north of Charleville Boulevard and lying within the first block west of Reeves Drive, and the first two (2) lots north of Charleville Boulevard between Rodeo Drive and the first alley west of Rodeo Drive;

c. All remaining lots in said area shall be in height district B.

2. The first two (2) lots at the southwest corner of Charleville Boulevard and El Camino Drive and the first two (2) lots at the southeast corner of Charleville Boulevard and El Camino Drive shall be in height district A.

3. Those multiple-family residential zoned lots lying south of Olympic Boulevard and abutting Shirley Place or Spalding Drive shall be in height district A; provided that the third story is set back from any common property line an additional fifteen feet (15') beyond any setback required by this code.

4. For those multiple-family residential zoned lots south of Wilshire Boulevard, north of Gregory Way, west of Tower Drive, and east of La Cienega Boulevard:

a. The first two (2) lots adjacent to the commercial zone south of Wilshire Boulevard shall be in height district C;

b. The first two (2) lots north of Gregory Way shall be in height district A; and

c. All remaining lots shall be in height district B.

5. For those blocks bounded by Burton Way on the south, Third Street on the north, Maple Drive on the west, and the city limits on the east:

a. The first two (2) lots adjacent to Burton Way shall be in height district C; and

b. All remaining lots shall be in height district B.

D. Exceptions To Height Limits: Notwithstanding any other provision of this chapter, upon application by a property owner in a form satisfactory to the director of planning and community development, the reviewing authority may issue an R-4 permit to the following development standards as provided within this chapter:

1. R-4 Permit for Rooftop Bathrooms Associated With Swimming Pools or Spas: A maximum of two (2) rooftop bathrooms associated with rooftop swimming pools or spas on a building to extend above the maximum applicable height limit, provided that:

a. The maximum total area of all rooftop bathrooms does not exceed two hundred (200) square feet;

b. Such structures do not exceed ten feet (10') in height as measured from the adjacent roof deck;

c. Such structures do not exceed thirty three percent (33%) of the roof area upon which they are located;

d. Such structures do not exceed or intersect a line projecting from the perimeter of the roof upward at an angle of forty five degrees (45°) from the horizontal;

e. The reviewing authority finds that the subject structures will not adversely affect the privacy of neighboring properties or access of neighboring properties to light, nor will the subject structures significantly increase noise to adjacent properties.

2. R-4 Permit for Additions To Buildings With Legally Nonconforming Height: If a legally constructed building located adjacent to the business triangle in an R-4 zone does not conform to the height restrictions set forth in this section, additions to existing dwelling units on the nonconforming story of such building may exceed the height restrictions set forth in this article provided that:

a. The additions do not exceed the maximum existing height of the legally nonconforming building as defined in article 1 of this chapter;

b. The additions do not cause the nonconforming story of the building to occupy more than forty percent (40%) of the floor area of the floor immediately below it;

c. The additions are compatible with the building design, the nearby streetscape, and surrounding development. To ensure compliance with this requirement, any additions proposed pursuant to this section shall be subject to the provisions of article 30 of this chapter concerning architectural review;

d. The additions do not result in the creation of any new bedrooms;

e. The additions are not located in the rear thirty three percent (33%) of the existing building footprint if the building is located on a property where the rear property line is adjacent to a residential zone; and

f. The reviewing authority finds that the additions will not adversely affect the privacy of neighboring properties, access of neighboring properties to light and air, or the integrity of the streetscape.

g. A public benefit is offered to the city that offsets any long term impacts to the affordability of the city's housing inventory that result from the additions.

h. For the purposes of this exception, the "business triangle" shall be defined as the area bounded by the centerline of Wilshire Boulevard, the centerline of Santa Monica Boulevard, south roadway, and the centerline of North Crescent Drive. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 16-O-2699, eff. 3-18-2016; Ord. 25-O-2925, eff. 11-28-2025)

No dwelling unit in a multiple-family residential zone shall have a finished floor level that is more than one foot (1') below the adjacent grade. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 25-O-2925, eff. 11-28-2025)

A. Front Setback: The front setback for all zoned property shall be as shown on the "residential street setback map of the city of Beverly Hills" on file in the department of building and safety. If the front setback for a site area is not shown on such map, then the front setback shall be fifteen feet (15').

1. Exception for Previously Zoned R-1.5 Lots: Notwithstanding any other provision of this section, any lot rezoned from R-1.5 to R-4 shall maintain a minimum fifteen foot (15') front setback.

B. Façade Modulation Requirements: In addition to the front setback otherwise required by this section, portions of the front façade shall step back from the front setback line to reduce visual bulk and reinforce architectural character.

1. Applicability: The requirements of this subsection B apply to multi-family buildings in the R-4, R-4X1, and R-4X2 zones. Properties in the R-3 zone are exempt from these modulation standards.

2. Front Modulation Depth: Minimum modulation depth is measured from the front setback line and requirements vary based on lot width as follows:

3. Front Modulation Area: Minimum modulation areas are required based on building height to help manage building scale and massing as follows:

For the purposes of this section, the "aggregate principal building area" shall mean the principal building area of the site multiplied by the number of stories of the building. See Figure 1.

[Figure]

Figure 1. Aggregate Principal Building Area.

4. Calculation: The square footage that counts toward the Required Façade Modulation Area(s) shall be calculated as follows:

a. Formula:

AM = (D x W x S)

AM = Facade modulation area in square feet

D = Depth of the additional setback in feet as measured

from the front setback line

W = Width of the additional setback

S = Number of stories providing the modulation setback

b. Additional setback depth in excess of twenty five feet (25’) from the front setback line shall not be considered part of the modulation area.

c. Modulation can be provided in multiple façade segments and the sum of the areas of each shall count toward the total required façade modulation area. See Figure 2.

d. Depth and width of the additional setback shall be measured per the definitions of “lot width” and “lot depth” in section 10-3-100 of this chapter.

e. The following do not count toward modulation area:

(1) Ground-floor areas set back from the front setback line used for garage entrances or balconies.

(2) Usable open space other than balconies or usable open space on the top floor of a structure with a floor or level above.

C. R-4 Permit to Reduce Depth of Modulation: Pursuant to the provisions of article 28.5 of this chapter, the reviewing authority may issue an R-4 permit to reduce modulation depth required by subsection B.2 of this section upon finding that the proposed development, as modulated, does not have an adverse impact on the scale and massing of the streetscape.

D. Additional Modulation Requirements For Large Scale Multiple Residential Developments:

1. Applicability: A large-scale multiple-residential development is a multi-family building with a street frontage of at least one hundred feet (100’).

[Figure]

Figure 2. Example of Modulation Area

2. Additional Modulation Required: A large-scale multiple-residential development shall comply in full with subsection 10-3-2806B and provide additional modulation as required by this subsection 10-3-2806D.

3. Additional Modulation Formula:

AMA = WBA x 6 feet x S

AMA = Additional modulation area in square feet

WBA = Width of the principal buildable area

S = Number of stories included within the modulated

portion

4. Standards for Additional Modulation:

a. Subsections 10-3-2806B.4c, d, and e shall apply to additional modulation area. Additional modulation area is not subject to other minimum or maximum setback standards from the front setback line or to depth standards in subsections 10-3-2806B.2 and B.4b.

b. Build-To Requirement: At least sixty percent (60%) and no more than seventy percent (70%) of the front façade of the first two (2) stories shall be built to the front setback line.

(1) R-4 Permit to Reduce Build-to Setback Requirement: The planning commission may allow less than sixty percent (60%) of the front façade of the first two (2) stories of a large scale multiple residential development to be built to the front setback line through an R-4 permit upon finding that the proposed development would not have an adverse impact on the scale and massing of the streetscape.

c. Corner Lot Modulation Requirement: For large scale multiple residential projects located on a corner lot, the required front building modulation area shall be allocated proportionately between façades facing front lot line(s) and street side lot line(s), based on the percentage of each façade’s street frontage length.

d. Walls, Fences And Hedges: Any walls, fences and/or hedges which enclose any ground level outdoor living spaces or courtyards shall be limited to a maximum height of six feet (6'). Gates to outdoor living spaces or courtyards shall be "open to public view" as defined in section 10-3-100 of this chapter. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 98-O-2306, eff. 9-11-1998; Ord. 03-O-2424, eff. 3-7-2003; Ord. 15-O-2675, eff. 5-22-2015; Ord. 25-O-2925, eff. 11-28-2025)

Side setbacks requirements shall be determined based on building height and include both a minimum sum of the side setbacks from the two longest side lot lines and a minimum side setback for each side as follows:

(Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 98-O-2306, eff. 9-11-1998; Ord. 25-O-2925, eff. 11-28-2025)

The rear setback for any building or structure shall be fifteen feet (15') from the rear lot line or twenty two and one-half feet (221/2') from the centerline of the abutting alley, whichever is greater.

A. Exception; Tower Drive: Notwithstanding any other provision of this section, the rear setback for those site areas fronting on the east side of Tower Drive shall be twenty feet (20').

B. Exception; Replacement Of Garage Or Carport: Notwithstanding any other provision of this section, if a garage or carport associated with existing residential structures is lost due to casualty, or is proposed to be replaced, a reviewing authority may issue an R-4 permit to authorize the replacement of such structure within the rear yard pursuant to article 28.5 of this chapter if that authority finds that such structure is the only feasible means to replace such parking.

C. Exception; Expansion Of Garage Or Carport: Notwithstanding any other provision of this section, an existing, legally nonconforming garage or carport may be expanded within the required rear yard pursuant to an R-4 permit as provided in article 28.5 of this chapter if:

1. Such garage or carport is expanded solely for the purpose of providing parking for a dwelling unit or units constructed prior to the expansion,

2. After expansion, the total parking provided for the dwelling unit or units will not exceed the parking required by current zoning standards if the dwelling unit or units were newly constructed, and

3. The reviewing authority finds that:

a. The proposed structure does not exceed one story and does not exceed fourteen feet (14') in height or the height of the existing garage or carport, whichever is lower;

b. The proposed structure is designed to be used only for off street parking purposes;

c. The proposed structure is set back from the rear property line a minimum of five feet (5') to allow for an adequate vehicular turning radius to provide ingress to and egress from the proposed structure;

d. The proposed structure shall match the character of the existing garage and shall not create any significantly adverse impacts on the privacy of neighboring properties;

e. The proposed structure shall not create any significantly adverse impacts on neighboring properties by blocking access to light and air; and

f. The proposed structure does not impede or prevent solid waste collection services.

Any addition to a garage or carport permitted pursuant to this subsection C shall be removed upon the replacement of the building served by the garage or carport or upon any expansion to such building if the expansion would require the provision of additional parking.

D. Exception; Addition Of Units Above Garage Or Carport: The provisions of this section shall not apply if a reviewing authority issues an R-4 permit to allow a property owner to add one or more units above an existing garage or carport pursuant to section 10-3-2819 of this article.

E. Exception; Large Scale Multiple-Residential Projects: Notwithstanding any other provision of this section, a large scale multiple residential project may reduce the required rear yard setback from fifteen feet (15') to ten feet (10') to offset the loss of usable floor area to the modulation requirements of subsection 10-3-2806D of this article, provided that such reduction does not result in a floor area that exceeds the maximum allowable floor area for the subject site and further provided that the rear property line of the subject site does not abut property zoned R-1 unless the subject site is separated from such R-1 zoned property by an alley. For the purposes of this section, "maximum allowable floor area" shall mean the maximum floor area potentially developable on a multiple residential site which confirms to all setback requirements and is developed at the maximum density permitted by this article. For the purposes of calculating the maximum allowable floor area, the setback lines established by the applicable provisions of this article shall be used. No reduction in any setback line, whether or not authorized by any procedure set forth in this article, shall be considered in calculating the maximum allowable floor area, and the maximum allowable floor area shall not be increased as the result of a reduction in the required setback lines.

1. Subject to the requirements set forth in article 28.5 of this chapter, the planning commission may permit, through an R-4 permit, a reduction in the required rear setback for large scale multiple residential projects to a minimum of five feet (5') provided:

a. The rear property line of the site seeking the reduction does not abut property zoned R-1 or is separated from such R-1 zoned property by an alley.

b. Such reduction is granted to offset the loss of usable floor area to the modulation requirements of subsection 10-3-2806D of this article, and such reduction does not result in a floor area that exceeds the maximum allowable floor area for the subject site; and

c. The planning commission finds that:

(1) The proposed reduction in the rear setback does not create any significantly adverse impacts on the scale and massing of the streetscape;

(2) The proposed reduction in the rear setback does not create any significantly adverse impacts on the neighboring properties by blocking access to light and air;

(3) The proposed reduction in the rear setback does not create any significantly adverse impacts on the privacy of neighboring properties; and

(4) The proposed reduction in the rear setback does not create any significantly adverse impacts on alley access. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 01-O-2388, eff. 1-4-2002; Ord. 03-O-2424, eff. 3-7-2003; Ord. 25-O-2925, eff. 11-28-2025)

No portion of a building in the R-3, R-4, R-4X1, or R-4X2 zones above the ground level shall exceed one hundred seventy five feet (175') in either width or depth. If a building exceeds one hundred seventy five feet (175') in width or depth belowground level, then any two (2) portions of the building aboveground level that would together exceed one hundred seventy five feet (175') shall be considered separate buildings with an assumed common lot line between them, and each portion shall be set back from such assumed common lot line as prescribed in section 10-3-2807 of this article. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 98-O-2306, eff. 9-11-1999; Ord. 25-O-2925, eff. 11-28-2025)

No structures or building elements may project into any side yard of a multiple-family residential site area except the following permitted encroachments:

A. Fences, gates, and walls that otherwise comply with the requirements of this chapter;

B. Roof Eaves and Drainage:

1. Roof eaves may project no more than twenty inches (20"). Attached gutters may project up to an additional six inches (6") beyond the projection of the roof eave.

2. Downspouts and other drainage devices not projecting more than six inches (6");

C. Balconies may extend a maximum of twenty-four inches (24”) into required side yards subject to the following:

1. Balcony length at any one story does not exceed fifty percent (50%) of length of the wall on which it is located;

2. Any end of any balcony is not closer than three feet (3') to the front or rear corner of the building; and

3. The enclosure of the balcony does not exceed fifty four inches (54") in height;

D. Exit stairs at or below the first floor level provided that handrails for such stairs shall not extend more than forty two inches (42") above the first floor level;

E. Swimming pools and basement garages provided no part of such structure exceeds three feet (3') above the adjacent grade at any point, and no mechanical equipment servicing any such pool is located within a required side yard;

F. Gas and electric meter enclosures projecting no more than eighteen inches (18") into such yard; and

G. Architectural projections, such as half timbers, corbels, and window and door accents, but excluding balconies, projecting no more than twelve inches (12") into such yard. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 19-O-2795, 12-0-2019; Ord. 25-O-2925, eff. 11-28-2025)

No structures or building elements may project into any front yard or street side yard of a multiple-family residential site area except the following permitted encroachments:

A. Fences, gates, and walls that otherwise comply with the provisions of this chapter;

B. Roof Eaves and Drainage:

1. Roof eaves may project no more than four feet (4'). Attached gutters may project up to an additional six inches (6") beyond the projection of the roof eaves.

2. Downspouts and other drainage devices not projecting more than six inches (6").

C. Balconies may extend a maximum of three feet (3’) into a required front and street side yard, subject to the following conditions:

1. Any end of the balcony does not project beyond the corner of the building; and

2. The enclosure of the balcony does not exceed fifty four inches (54") in height;

D. Entries and exit stairs at or below the first floor level provided that handrails for such elements shall not exceed forty two inches (42") above the first floor level;

E. Basement garages provided no part of such structure is higher than two feet (2') below the finished level of the adjacent sidewalk and at least two feet (2') of soil depth is provided above the garage for planting purposes;

F. Architectural projections, such as half timbers, corbels, and window and door accents, but excluding balconies, projecting no more than twelve inches (12") into such yard. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 96-O-2269, eff. 11-15-1996; Ord. 19-O-2795, 12-10-2019; Ord. 25-O-2925, eff. 11-28-2025)

No structures or building elements may project into any rear yard of a multiple-family residential site area except the following permitted encroachments:

A. All structures or building elements as set forth in subsections 10-3-2811A through D and F of this article;

B. Basement garages provided no part of such structure exceeds three feet (3') above the adjacent grade at any point;

C. Trash storage facilities;

D. Swimming pools provided no part of such structure exceeds three feet (3') above the adjacent grade; and

E. Garage exhaust vent stacks. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 98-O-2306, eff. 9-11-1998; Ord. 19-O-2795, 12-10-2019; Ord. 25-O-2925, eff. 11-28-2025)

A. Except as otherwise provided in this section, no portion of any front yard within a multiple-family residential zone shall be paved, except for not more than one walkway not exceeding five feet (5') in width and one driveway not exceeding the width of its curb cut.

B. Notwithstanding subsection A of this section, more than one walkway of up to five feet (5') in width may be paved in a front yard to provide equivalent access to a building in accordance with the requirements of local, state, and federal handicapped accessibility laws provided that such additional walkways are necessary because handicapped accessibility requirements cannot reasonably be met without the provision of such additional walkways.

C. Notwithstanding subsection A of this section, a reviewing authority may permit more than one walkway of up to five feet (5') in width to be paved within a front yard pursuant to an R-4 permit as provided in article 28.5 of this chapter if: 1) the walkway provides direct access to the primary entryway of an individual unit within a building, and 2) the reviewing authority finds that the proposal would not significantly and adversely affect the streetscape, including opportunities for landscaping.

D. Notwithstanding subsection A of this section, a reviewing authority may grant the equivalent of one five foot (5') wide walkway in the front yard per fifty feet (50') of frontage along the front lot line of the subject site pursuant to an R-4 permit as provided in article 28.5 of this chapter if the reviewing authority finds that the proposal is compatible with the nearby streetscape and the scale of the surrounding development. For the purposes of this subsection, any fraction in excess of a multiple of fifty feet (50') of frontage shall be rounded down. Not more than one walkway shall exceed a width of five feet (5'), and such walkway shall not exceed a width of fifteen feet (15').

E. Notwithstanding subsection A of this section, the planning commission may grant the equivalent of one 5-foot wide walkway in the front yard per fifty feet (50') of frontage along the front lot line of the subject site, in any configuration, pursuant to an R-4 permit as provided in article 28.5 of this chapter, if the planning commission finds that the proposal is compatible with the nearby streetscape and the scale of the surrounding development. For the purposes of this subsection, any fraction in excess of a multiple of fifty feet (50') of frontage shall be rounded down. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 25-O-2925, eff. 11-28-2025)

Synthetic turf shall be allowed as landscaping for the purposes of this article provided that the following provisions are satisfied for synthetic turf placed in front yards:

A. Stage D Required: Applications for the use of synthetic turf may only be approved, and permits for installation may only be issued when the city council has declared and implemented stage D water conservation measures. Synthetic turf that is legally installed during stage D declared periods may be retained thereafter, even if the city council withdraws the stage D declaration, provided the synthetic turf is maintained in accordance with all applicable standards.

B. Permit Required: A building permit must be obtained prior to the installation of any synthetic turf in the front yard visible from the public right of way of a residentially zoned property. Upon application for a building permit the following shall be submitted to the community development department:

1. A landscape plan that includes:

a. Dimensions and details of the landscaped area including the synthetic turf and other landscaping materials.

b. Drawings that include scaled cross sections of the proposed landscaping materials and details showing the methods of installation and attachment of the synthetic turf as well as drainage information.

2. Material description including manufacturer's product data, specifications and installation instructions, installer information and qualifications, and warranty information.

3. A sample of the proposed synthetic turf material that is at least twelve inches by twelve inches (12" x 12").

4. Maintenance information for the synthetic turf.

C. Coverage: Synthetic turf located in the front yard may be used for up to seventy percent (70%) of the landscaped area but no more than forty percent (40%) of the entire front yard area. Synthetic turf shall not be located:

1. Within the public right of way/parkway.

2. Within the dripline of any native or "heritage tree" as defined in section 10-3-2900 of this chapter. Further, the installation of turf shall not disturb the area within the dripline of any native or heritage tree.

3. Within eighteen inches (18") of a front lot line. The eighteen-inch (18") buffer between the front lot line and synthetic turf shall be landscaped with living plant material.

4. Within three feet (3') of a multiple-family dwelling.

5. In any area that is used for the parking or driving of motor vehicles.

D. Material: Synthetic turf in a front yard must simulate the appearance of natural live grass and shall:

1. Be of a type known as cut-pile infill with parallel long slit blades. The long slit blades shall be manufactured from polyethylene or polypropylene. The minimum pile length shall be one and three-fourths inches (13/4") and the maximum pile length shall be two and one-half inches (21/2"). The turf shall contain a beige or tan thatch layer. The synthetic turf blades (not including the thatch layer) shall be required to contain at least two (2) colors. The synthetic turf shall comply with all federal and state standards related to lead and heavy metal content. Turf that is made from recycled materials is encouraged. The use of indoor or outdoor plastic or nylon carpeting is prohibited.

2. Be constructed to maximize dimensional stability, resist damage during normal use and to minimize UV degradation. Further, the synthetic turf shall be resistant to staining, weather, insects, rot, mildew and fungus growth, and shall be nonallergenic and nontoxic.

3. Contain an infill material of clean silica sand or zeolite material that is brushed into the synthetic turf to keep the blades upright and achieve a natural grass look. Any replacement infill shall be silica sand or zeolite material. Rubber infill is prohibited.

4. Be affixed to a permeable triple layer primary backing with a tuft bind strength of at least eight (8) pounds. The backing shall allow water to percolate through the synthetic turf at a drain rate of at least thirty inches (30") per hour. The synthetic turf system shall allow for the free movement and drainage of water through the system to prevent runoff, pooling, and flooding.

5. Have a manufacturer's warranty lasting at least eight (8) years.

6. Have spacing between tufting rows (gauge) of no more than three-eighths inch (3/8") as defined by the manufacturer.

7. Have a face weight of at least sixty (60). The "face weight" is defined as the weight in ounces of the synthetic turf fibers found in one square yard of synthetic turf as defined by the manufacturer.

8. Have tear grab strength of at least two hundred (200) pounds.

9. Pass the pill burn test for flammability (ASTM D2859).

E. Installation: Synthetic turf shall be installed pursuant to manufacturer's requirements by licensed professionals who are experienced and trained by the manufacturer in the installation of the synthetic turf. In addition:

1. The synthetic turf shall be installed over at least three inches (3") of a compacted aggregate base that provides adequate drainage. The base material shall be installed over subgrade that is compacted to a firm condition to ensure stability and maintain adequate drainage.

2. Seams shall not be visible and shall be fastened in a manner that ensures they are firm, tight and permanent. Seams shall be sewn and fibers shall be brushed to provide full coverage of the fibers over the seams.

3. The synthetic turf shall be anchored over the entire coverage area and shall be installed with a nailer board or any such substitute recommended by the manufacturer intended to conceal edges and ensure proper anchoring of turf.

4. All existing irrigation infrastructure in the synthetic turf area including piping and sprinkler heads that are no longer used must be capped or removed and shall not be visible.

5. All reasonable efforts shall be made to protect existing trees and tree roots from damage during installation.

F. Maintenance: Synthetic turf shall be maintained in an attractive and clean condition pursuant to title 5, chapter 7 of this code and shall not contain holes, tears, stains, discoloration, seam separations, uplifted surfaces, heat degradation, or excessive wear. (Ord. 15-O-2691, eff. 11-6-2015; amd. Ord. 25-O-2925, eff. 11-28-2025)

In addition to any requirements imposed pursuant to title 9 of this code or any other law, a building permit shall be required for any wall or fence greater than six feet (6') in height, and shall also be required for any wall or fence, regardless of its height, that is located in a front yard.

A. Thickness: No wall or fence shall exceed two feet (2') in thickness. Cavities or spaces within a wall or fence shall not be used for the support, storage, shelter, or enclosure of persons, animals, or personal property.

B. Finish: A wall or fence located within five feet (5') of a property line and approximately parallel to that property line shall have a finished appearance in a similar manner on both sides. Acceptable finish treatments include colored stucco, wood stain, natural or polished stone, slumpstone, split-faced concrete block, prefabricated finish texture, color coated tubular steel or wrought iron, or a combination thereof. Plain or colored concrete block masonry shall be permitted only if coated with colored stucco or other coating finish approved by the Director of Building and Safety.

If the construction of a wall or fence along shared property lines requires access on a neighboring property in order to provide an equivalent finish on the side of the wall or fence facing the neighboring property, and access is not granted by the neighboring property owner, documentation to this effect shall be provided to the Director of Community Development, or his or her designee. This documentation shall be satisfactory to the Director of Community Development to relieve the requestor of the above requirement regarding the finish of the wall or fence on that side, and may include a written letter stating that access has not been granted, or proof that a request for access has been sent but no response has been provided.

C. Supporting Elements: No column, pillar, post, or other supporting element of a wall or fence shall be more than twenty-four inches (24") in width.

D. Front Yards: The maximum allowable height of a wall, fence, or hedge located within the first twenty percent (20%) of the front yard, measured from the front line of the lot, shall be three feet (3').

The maximum allowable height of a wall, fence, or hedge located within the front yard at a distance from the front lot line of more than twenty percent (20%) of the front setback shall be six feet (6'); provided, however, that any portion of such wall, fence, or hedge which exceeds three feet (3') in height shall be open to public view.

E. Side Yards: The maximum allowable height for that portion of a wall, fence, or hedge located in both a side yard and a front yard shall be six feet (6'); provided, however, that any portion of such wall, fence, or hedge which exceeds three feet (3') in height shall be open to public view.

The maximum allowable height for that portion of a wall, fence, or hedge located in a side yard, but not in a front yard, shall be seven feet (7') except that the maximum allowable height shall be ten feet (10') for such a wall or fence located within five feet (5') of a rear lot line. The maximum allowable height shall be sixteen feet (16') for such a hedge located within five feet (5') of a rear lot line.

1. Side Yards Adjacent to an Alley: The maximum allowable height for a wall or fence located in a side yard adjacent to an alley shall be ten feet (10'), except for that portion of the wall or fence that is also located in the front yard, which shall be subject to the requirements of subsection D of this section.

The maximum allowable height for a hedge located in a side yard that is adjacent to an alley shall be sixteen feet (16'), except for that portion of the hedge that is also located in the front yard, which shall be subject to the requirements of subsection D of this section.

F. Rear Yards: The maximum allowable height for a wall or fence located solely in a rear yard shall be ten feet (10').

The maximum allowable height for a hedge located solely in a rear yard shall be sixteen feet (16'). (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 22-O-2860, eff. 6-10-2022; Ord. 22-O-2865, eff. 10-21-2022; Ord. 25-O-2925, eff. 11-28-2025)

No outdoor game courts shall be permitted in a multiple-family residential zone. (Ord. 96-O-2266, eff. 10-18-1996; Ord. 25-O-2925, eff. 11-28-2025)

Parking is required for all multiple-family residential development and is based on bedroom count as follows:

A. General Parking Requirement 1 2

A. General Parking Requirement 1 2

1 Any den or similar room capable of being used as a bedroom is considered a bedroom for the purposes of this section.

2 Fractional calculations shall be rounded up to the next whole number.

C. Minimum Dimensions: The dimensions of each parking space shall comply with the parking standards adopted by the city council and on file in the department of building and safety.

D. Guest Parking Standards: Guest parking shall comply with standards adopted by the city council and on file in the department of building and safety and the following requirements:

1. No spaces shall be reserved for exclusive use by residents of the development;

2. All spaces shall be readily accessible by visitors to the development and designated in a manner that gives notice to visitors of the availability of guest parking; and

3. The manner of access, designation, and location of guest parking spaces shall be subject to the approval of the city engineer or designee.

E. Tandem Parking: Up to twenty percent (20%) of the total number of multiple-family dwelling units in a project can satisfy general parking requirements of this section through the use of tandem parking spaces.

F. R-4 Permit for Unit Bonus Parking: Pursuant to the provisions of section 10-3-2819 for unit bonus above existing garages or carports, the Planning Commission may approve an R-4 permit to increase the percentage of units that utilize tandem stalls beyond the limit otherwise allowed by this section.

G. Parking Exception: Housing for seniors or disabled individuals under articles 12.5 and 12.8 of this chapter shall be exempt from parking requirements of this section. (Ord. 96-O-2266, eff. 10-18-1996; amd. Ord. 98-O-2306, eff. 9-11-1998; Ord. 00-O-2351, eff. 10-20-2000; Ord. 01-O-2388, eff. 1-4-2002; Ord. 25-O-2925, eff. 11-28-2025)

Reserved. (Ord. 96-O-2266, eff. 10-18-1996; amd. Ord. 98-O-2306, eff. 9-11-1998; Ord. 05-O-2479, eff. 9-2-2005; Ord. 25-O-2925, eff. 11-28-2025)

All parking facilities shall comply with the following:

A. Location: All parking spaces must be within a structure located on the same site as the dwelling unit it serves.

B. Screening Near Entrance: Any parking space located within twenty five feet (25') of a parking structure front entrance must be completely screened from view from all public streets.

C. Driveway Width: The front access, including driveways and entrances, to a parking facility shall not exceed twelve feet (12') in width if serving a site that is sixty feet (60') wide or less.

D. Screening and Noise: All parking structures shall be constructed to shield the parked vehicles from horizontal view in all directions, excluding required vehicular entrances and exits, and shall comply with the noise abatement requirements of this code.

1. Parking structures adjacent to residential zones or separated from a residential zone by an alley shall be enclosed with solid walls.

E. No parking space shall be located within a front yard. (Ord. 96-O-2266, eff. 10-18-1996; Ord. 25-O-2925, eff. 11-28-2025)

A. Unit Bonus: Notwithstanding any other provision of this article, and subject to the requirements set forth in article 28.5 of this chapter, a reviewing authority may permit, through an R-4 permit, a property owner to add one or more additional units above an existing carport or garage structure provided each of the following requirements is satisfied:

1. The site on which the additional unit (or units) will be constructed is zoned R-4;

2. The rear property line of the site on which the additional unit (or units) will be constructed abuts an alley;

3. The site on which the additional unit (or units) will be constructed is not adjacent to property in a single-family residential zone. For the purposes of this section, a site shall be considered "adjacent" to property in a single-family residential zone if the site shares a property line with a lot or parcel in a single-family residential zone or is separated from a lot or parcel located in a single-family residential zone only by a public street, alley, or other right of way. Notwithstanding the foregoing, a site shall not be considered "adjacent" to property in a single-family residential zone if the only portion of the site facing a lot or parcel in a single-family residential zone is the front property line of the site and the front property line is separated from a lot or parcel located in a single-family residential zone by a public street.

B. Standards: Upon application by a property owner in a form satisfactory to the director of planning and community development, any unit or units authorized pursuant to an R-4 permit issued pursuant to this section shall comply with all of the following standards and requirements:

1. Notwithstanding the density limits set forth in section 10-3-2801 of this article, any property that satisfies the requirements set forth in subsection A of this section may be permitted to add one unit. No more than one additional unit may be added to structures which are legally nonconforming as to density and in existence as of December 4, 2001. For all other structures, additional units beyond one may be permitted only if such additional units comply with the applicable density limits.

2. Notwithstanding the provisions of section 10-3-2802 of this article, each unit shall have a minimum floor area of four hundred (400) square feet and a maximum floor area of nine hundred ninety nine (999) square feet.

3. Each unit may provide a maximum of one bedroom.

4. Notwithstanding the provisions of section 10-3-2816 of this article, one parking space shall be provided for each unit constructed pursuant to subsection A of this section.

5. Notwithstanding the provisions of sections 10-3-2803 and 10-3-2817 of this article, no outdoor living space or guest parking shall be required for a unit constructed pursuant to subsection A of this section. In addition to the foregoing, the reviewing authority may reduce the existing outdoor living area in an amount necessary to accommodate any additional parking required for the additional unit or units.

6. The structure housing the garage or carport and the unit or units constructed pursuant to subsection A of this section shall not exceed a maximum height of twenty eight feet (28'), or the existing height of the principal building, whichever is less.

7. The minimum yard setbacks described in sections 10-3-2807 and 10-3-2808 of this article shall not apply to units constructed pursuant to this section, provided the proposed units comply with all applicable building code requirements and the reviewing authority makes the findings required by subsection C of this section.

8. The structure housing the garage or carport and the unit or units constructed pursuant to subsection A of this section meets or shall be rehabilitated to meet all current building codes and safety standards.

9. The architectural style of the structure housing the unit or units constructed pursuant to this section shall be compatible with the architectural style of the existing structure(s) on the site. To ensure compliance with this requirement, any unit or units constructed pursuant to this section shall be subject to the provisions of article 30 of this chapter concerning architectural review.

C. Findings: The reviewing authority shall not issue an R-4 permit for any unit pursuant to subsection A of this section unless the reviewing authority finds that the proposed development will not have a substantial adverse impact on:

• 1. The scale and massing of the streetscape;
• 2. Neighbors' access to light and air;
• 3. Neighbors' privacy; and

4. The garden quality of the city. (Ord. 01-O-2388, eff. 1-4-2002; amd. Ord. 02-O-2394, eff. 3-22-2002; Ord. 25-O-2925, eff. 11-28-2025)