Beverly Hills Municipal Code Art. 32.5 Historic Incentive Permit

This article is intended to incentivize the protection of significant historic resources by providing a process by which owners of locally designated historic landmarks may request waivers or deviations from certain development standards set forth in this code. (Ord. 14-O-2670, eff. 1-2-2015)

The historic incentive permit shall be available only to:

A. Those properties that are designated as a local historic landmark in the city of Beverly Hills pursuant to the provisions set forth in article 32 of this chapter, or

B. Any property that the cultural heritage commission or the city council has determined, at a preliminary hearing held pursuant to subsection 10-3-3215A5 of this chapter, merits formal consideration by the cultural heritage commission for nomination as a landmark; provided, however, that any historic incentive permit issued by the planning commission pursuant to this subsection shall be expressly conditioned on the property's designation as a landmark by the city council and inclusion on the city of Beverly Hills' local register of historic places. (Ord. 15-O-2682, eff. 11-19-2015)

In addition to any other provision of this code or ordinance of the city of Beverly Hills, waivers or deviations from any development standards set forth in this code may be permitted through the issuance of a historic incentive permit approved pursuant to the provisions of this article. (Ord. 14-O-2670, eff. 1-2-2015)

Upon application by a property owner, in a form satisfactory to the director of community development, the reviewing authority may, if it makes the necessary findings, issue a historic incentive permit to waive or deviate from any development standard set forth in this chapter, except that no waiver or deviation shall be granted to: exceed the building height standards for the Trousdale Estates area of the city, as set forth in section 10-3-2605 of this chapter; allow construction off the level pad in the Trousdale Estates area of the city, as set forth in section 10-3-2603 of this chapter; and/or allow grading of sloped areas for the Trousdale Estates area of the city, as set forth in section 10-3-2604 of this chapter. No certificate of appropriateness shall be required for any project for which a historic incentive permit is granted pursuant to the provisions of this article. Nothing in this section, however, shall be construed to permit any waiver or deviation from land use requirements or restrictions set forth in this chapter. (Ord. 16-O-2700, eff. 4-1-2016)

The planning commission shall be the reviewing authority for all historic incentive permit applications. (Ord. 14-O-2670, eff. 1-2-2015)

The reviewing authority shall hold a public hearing concerning each application for a historic incentive permit.

Notice of any hearing held pursuant to this section shall be completed in accordance with article 2.5 of this chapter and the city's public notice guidelines. (Ord. 14-O-2670, eff. 1-2-2015)

The reviewing authority shall not issue a historic incentive permit unless the reviewing authority makes the following findings:

A. The proposed project either:

1. Complies with the "Secretary Of The Interior's Standards For The Treatment Of Historic Properties With Guidelines For Preserving, Rehabilitating, Restoring, And Reconstructing Historic Buildings"; or

2. Does not demonstrate strict compliance with the "Secretary Of The Interior's Standards For The Treatment Of Historic Properties With Guidelines For Preserving, Rehabilitating, Restoring, And Reconstructing Historic Buildings", but nonetheless protects and preserves the historic and architectural qualities and the character defining features that make the property a landmark or contributing property; and

B. The proposed development will not have a substantial adverse impact on:

• 1. The scale, massing, or character of the streetscape,
• 2. The scale and massing of the property as viewed by neighboring properties,
• 3. Neighbors' access to light and air,
• 4. Neighbors' privacy,
• 5. The garden quality of the city, and
• 6. The public health, safety, or welfare. (Ord. 14-O-2670, eff. 1-2-2015)

In granting a historic incentive permit, the reviewing authority may impose such restrictions or conditions as it deems necessary or proper to satisfy the required findings. (Ord. 14-O-2670, eff. 1-2-2015)

The applicant or any person aggrieved by any decision of the planning commission regarding a historic incentive permit, may appeal that decision to the city council. The city council shall have the authority to call such decisions for review pursuant to the provisions of title 1, chapter 4, article 2 of this code. (Ord. 14-O-2670, eff. 1-2-2015)

Unless otherwise provided in the resolution granting a historic incentive permit, the exercise of rights granted in such approval shall be commenced in accordance with the time limits imposed by section 10-3-207 of this chapter. (Ord. 14-O-2670, eff. 1-2-2015)