Beverly Hills Municipal Code Art. 37 Variances

Variances from the provisions of this chapter with respect to particular property may be granted in the discretion of the granting authority provided:

A. Because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the provisions of this chapter is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification; and

B. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges in the vicinity and zone in which the subject property is situated.

The granting of a variance shall not be construed as an amendment to this code and shall not cause the maps which are a part of this chapter to be changed. (1962 Code § 10-821; amd. Ord. 95-O-2239, eff. 7-7-1995)

The board of zoning adjustments is hereby authorized to grant variances in accordance with the provisions of this article. (1962 Code § 10-822; amd. Ord. 95-O-2239, eff. 7-7-1995)

Applications for variances in all cases shall be in writing and shall be filed in triplicate with the Zoning Administrator on a form prescribed by him and shall contain the following information:

A. The name and address of the applicant;

B. Evidence that the applicant is the owner, purchaser under contract, or lessee of the subject property;

C. The legal description of the subject property, together with the street address thereof, or, if there is no street address, a description of the premises involved;

D. A statement in detail setting forth the manner in which the requirements of section 10-3-3700 of this article are applicable to the subject property; and

E. Such other information as may be required by the Zoning Administrator including, but not limited to, the following:

1. Eight (8) copies of white background prints of a map drawn to a scale specified by the Zoning Administrator showing the location of the subject property and the location of all highways, streets and alleys and all lots and parcels of land within a distance of five hundred feet (500') from the exterior boundaries of the subject property; and

2. A certified list and two (2) conformed copies thereof containing the names and addresses of the owners of all lots and parcels of land, or portions thereof, within a distance of three hundred feet (300') from the exterior boundaries of the subject property as shown on the last adopted tax roll of the County. (1962 Code § 10-823; amd. Ord. 95-O-2239, eff. 7-7-1995)

Applications for variances shall be accompanied by a filing fee in the amount of seventy five dollars ($75.00), no part of which shall be returnable to the applicant. (1962 Code § 10-824; amd. Ord. 95-O-2239, eff. 7-7-1995)

Upon receipt of a complete application, the Director shall refer the project to the Planning Commission for a hearing at the next feasible regular meeting, unless an extension of time is consented to by the applicant. (Ord. 19-O-2785, eff. 8-16-2019)

The Zoning Administrator shall cause notice of the time, place and purpose of the hearing to be given in accordance with article 2.5 of this chapter and the City's public notice guidelines. The failure of the person addressed to receive a notice shall not affect the jurisdiction of the Board of Zoning Adjustments to proceed with the hearing. (Ord. 14-O-2661, eff. 6-20-2014)

At the time and place fixed for the hearing, the Board of Zoning Adjustments shall hear such relevant evidence as may be presented, either for or against the application, in accordance with such rules of procedure as may be established by the Board of Zoning Adjustments; provided, however, at the time and place fixed for the hearing or continued hearing, the hearing may be continued or further continued for a period of not to exceed five (5) weeks at any one time, and no further notice of such continued hearing need be given. (1962 Code § 10-827; amd. Ord. 95-O-2239, eff. 7-7-1995)

In granting a variance there shall be imposed such conditions and restrictions as are required by subsection 10-3-3700B of this article, and there may be imposed such other conditions and restrictions as may be found to be appropriate or necessary to protect the public health, safety, or welfare. (1962 Code § 10-828; amd. Ord. 95-O-2239, eff. 7-7-1995)

Based upon the application, such investigations as may be made by appropriate departments of the City, and such relevant evidence as may be presented at the hearing, the Board of Zoning Adjustments shall issue a decision in writing, with reasonable promptness after the hearing is concluded, setting forth its findings and conclusions. (1962 Code § 10-829; amd. Ord. 95-O-2239, eff. 7-7-1995)

Within five (5) days after the issuance of a decision by the Board of Zoning Adjustments, the Zoning Administrator shall cause a copy of the decision to be mailed, through the United States mail, postage prepaid, to each of the following persons:

A. The applicant, using the address set forth in the application;

B. Each person affected by the decision who previously filed with the zoning administrator a written request therefor, using the address set forth in such written request; and

C. Each member of the council.

The failure of the person addressed to receive a copy of the decision shall not affect the validity or effectiveness of any decision. (1962 Code § 10-830; amd. Ord. 95-O-2239, eff. 7-7-1995)

Any variance decision by the board of zoning adjustments shall become effective on the thirtieth day after the decision, unless appealed to the council or an order for review is issued by the council. (1962 Code § 10-831; amd. Ord. 72-O-1452, eff. 12-21-1972; Ord. 85-O-1948, eff. 3-21-1985; Ord. 95-O-2239, eff. 7-7-1995)

The applicant or any person aggrieved by a decision of the board of zoning adjustments in granting or denying a variance may appeal to the council as provided in title 1, chapter 4, article 1 of this code. The zoning administrator shall cause notice of the council hearing in accordance with article 2.5 of this chapter and the city's public notice guidelines. (Ord. 14-O-2661, eff. 6-20-2014)

Unless otherwise provided in the resolution granting a variance, the exercise of rights granted in such variance shall be commenced within one hundred eighty (180) days after the adoption of such resolution, all conditions imposed shall be diligently complied with, and all construction authorized shall be diligently prosecuted until completion. (1962 Code § 10-839; amd. Ord. 1156, eff. 8-23-1962; Ord. 95-O-2239, eff. 7-7-1995)

The time limits contained in this chapter or in any resolution granting a variance may be extended by the board of zoning adjustments provided an application therefor is made before the expiration of the time limits. Any such extension may be appealed to the council as provided in section 10-3-3711 of this chapter. (Ord. 1156, eff. 8-23-1962; amd. Ord. 85-O-1948, eff. 3-21-1985; Ord. 95-O-2239, eff. 7-7-1995)

The failure to exercise any right granted by a variance within the time limits provided, or the discontinuance of the exercise of any right heretofore or hereafter granted by a variance for a continuous period of twelve (12) months, shall constitute an abandonment of such variance, and such rights shall lapse, and the property affected thereby shall be subject to all the provisions and regulations of this chapter applicable to the zone in which such property is classified by this chapter at the time of such abandonment. (1962 Code § 10-840; amd. Ord. 95-O-2239, eff. 7-7-1995)

In the event a variance has been denied wholly or in part, no new application requesting the matter denied shall be filed for a period of six (6) months after the effective date of such denial, except upon the grounds of new evidence or proof of changed conditions. (1962 Code § 10-841; amd. Ord. 95-O-2239, eff. 7-7-1995)

The board of zoning adjustments, after a hearing, may revoke a variance for cause, including, but not limited to, the failure to comply with any condition contained in the variance or the violation of any of the provisions of this code by the owner or any lawful occupant of the premises for which the variance is granted. (1962 Code § 10-842; amd. Ord. 95-O-2239, eff. 7-7-1995)

The zoning administrator shall cause notice of the time, place, and purpose of a hearing to revoke a variance, or a hearing for the review of a decision to revoke a variance, to be given in accordance with article 2.5 of this chapter and the city's public notice guidelines. The failure of the person addressed to receive the notice shall not affect the jurisdiction of the board of zoning adjustments to proceed with the hearing. The procedures set forth in this article relative to hearings and appeals shall be applicable to the revocation of a variance. (Ord. 14-O-2661, eff. 6-20-2014)

The zoning administrator, during the pendency of an application for a variance, if he finds an emergency to exist, including, but not limited to, the failure of the applicant to make a timely application for reasons beyond his control, may grant a temporary variance from the provisions of this chapter. Such temporary variance shall expire not later than the date the application is withdrawn or a decision thereon becomes final. (1962 Code § 10-844; amd. Ord. 95-O-2239, eff. 7-7-1995)

Notwithstanding any other provision of this chapter, commercial off street automobile parking shall be permitted as a transitional use upon property in the multiple residential zone (R-4) subject to each and all of the following conditions:

A. Such site area shall have a side common property line, other than a rear property line, the whole of which adjoins, or is separated only by an alley from, property located in the commercial zone (C-3).

B. Such use shall extend not more than four (4) subdivided lots into a residential zone.

C. 1. There shall be provided minimum setbacks of five feet (5') from any front property line and of not less than twenty feet (20') plus ten percent (10%) of the site width in excess of fifty feet (50') from any side common residential property line, but such setback need not exceed thirty five feet (35'); provided, however, for parking structures built on one or two (2) lots, the setback from the front property line shall be not less than ten feet (10'). Any parking structure erected or constructed adjacent to an area designated on the zoning map as commercial-retail overlay zone (C-R) which is separated only by an alley from property located in such zone shall be set back so that the alley may be widened to a width of not less than twenty feet (20'); provided, however, the side setbacks from adjacent residential properties may be reduced as set forth in subsection 10-3-3408D of this chapter.

2. No setback need be provided adjacent to an alley or for parking facilities which are completely subsurfaced and covered. All setback areas shall be improved in landscaping in a type, amount, arrangement, and manner satisfactory to the architectural commission and shall be maintained, as provided, in an attractive and clean condition.

3. Setback areas from a side common residential property line shall be improved as provided in this section, and an easement therefor shall be dedicated to the city for park, alley, and public utility purposes. The city may require that a portion or all of such setback area be improved as an alley in accordance with plans and specifications for alley paving and improvements on file in the office of the public services division. When required, such alley shall be not less than twenty feet (20') in width and shall be located as close as practicable to the portion of the parking site developed for parking.

4. Setback areas required by this section on properties separated from properties by an alley from property located in the commercial-retail overlay zone (C-R) shall be improved as an alley in accordance with plans and specifications for alley paving and improvements on file in the office of the public services division, and an easement therefor shall be dedicated to the city for alley and public utility purposes.

D. A detailed plot plan, showing the exterior boundaries of the entire site, the location of existing and proposed improvements, driveways, bumper guards, walls, fences, signs, landscaping, type of surfacing and other details of development, shall be submitted and approved by the architectural commission, the planning official, and the public works administrator.

E. A report by a traffic consultant who is a member of the Institute Of Traffic Engineers, containing an analysis of internal and external effects shall be submitted in connection with the information required by subsection D of this section.

F. No portion of the parking area shall be used for the sale or servicing of automobiles, the sale or storage of goods, wares, or merchandise, or for any purpose other than that of automobile parking. Such use shall not include the storage of automobiles in connection with a used or new car business.

G. Where parking is provided other than within a structure, proper barriers acceptable to the architectural commission shall be provided in order to fully screen the parking from the horizontal view of the street and adjacent properties and to comply with the noise abatement provisions of this code. Such barriers shall include, but not be limited to, solid masonry walls and landscaped earth berms or other devices at least six feet (6') in height, except that on structures located on properties separated by an alley from the commercial-retail overlay zone (C-R), such barriers shall be solid masonry walls. Barriers shall not be required for the side of any lot which faces the commercial lot which the parking area serves.

H. Where parking is provided in a structure, such structure shall be limited in height to thirty five feet (35') measured from the high point of the natural grade at the perimeter of the structure to the top of the topmost parking surface or the roof of the structure, whichever is higher. Where the property used for parking has a common property line with property zoned for residential uses or is separated by an alley or park from property zoned for residential uses, structures shall be provided with wall enclosures facing such property zoned for residential uses and shall be of solid masonry construction with no openings and shall extend from the ground level to six feet (6') above the topmost parking surfaces of the structure. On any side of the parking structure where a solid wall is not required, parking within such a structure shall be shielded from view, except for necessary access, by incombustible walls which shall extend at least six feet (6') in height above the parking surface at the ground level and at least fifty four inches (54") in height above the parking surface on all levels above the ground level, except that such walls shall not be required on any ground level that faces the commercial lot that the parking structure serves. (1962 Code § 10-806; amd. Ord. 69-O-1340, eff. 3-20-1969; Ord. 76-O-1596, eff. 2-19-1976; Ord. 79-O-1721, eff. 2-15-1979; Ord. 95-O-2239, eff. 7-7-1995)

A. Granting Of Variance: Upon its written request, dated on or about June 20, 1957, and upon the suggestion of the council sitting as a planning commission, and after public hearings as provided by law, a variance hereby is granted to Gibralter Savings and Loan Association to use lots 16 through 21, inclusive, of tract 10599 in the city, as per map book 161, page 17, records in the office of the county recorder, for the purpose of constructing thereon an office building containing a total floor area of approximately one hundred sixteen thousand forty seven (116,047) square feet on the described site, said lots 16 through 21, inclusive, containing approximately forty three thousand five hundred eighteen (43,518) square feet, having a total floor area to site ratio of approximately 2.68 to one (2.68:1) with off street parking furnished on the site equaling approximately sixty two percent (62%) of the gross floor area or eighty five percent (85%) of the net rentable area, or a total parking area of approximately seventy two thousand one hundred thirty seven (72,137) square feet.

B. Conditions: Such variance is granted upon the following conditions which shall be strictly observed:

1. Setbacks: All portions of the structure above the second floor shall maintain a minimum side yard setback of at least ten percent (10%) of the width of the building site but not less than five feet (5'); provided, however, no such setback need be more than twenty feet (20') from the side lot line.

2. Light Angle: The structure shall be designed so as to maintain an average light angle of not more than fifty degrees (50°) measured from the centerline of Wilshire Boulevard, an average light angle of not more than seventy degrees (70°) from the centerline of the alley easement in the rear of the site, and an average light angle of not more than seventy degrees (70°) from the centerline of Oakhurst Drive and Doheny Drive.

In determining the average light angle a portion of the structure may be perpendicular to the lot line to the full height of the structure provided another portion is set back sufficiently so that the above light angle is not exceeded. The building official may permit adjustments of not to exceed ten percent (10%) of the stated light angle to prevent unreasonable hardship in design and arrangement.

3. Roof Structures: Except for roof signs which are prohibited under the Uniform Building Code or other sections of this code, penthouses and other roof structures shall be governed by the provisions of the definition of "height of building" in section 10-3-100 of this chapter and by the provisions of the Uniform Building Code, and when in conflict, the later shall govern.

4. Signs: No sign shall be constructed, erected, or maintained on top of any penthouse or above the top story of the structure or above one hundred twenty five feet (125'), whichever is less, except on the side of a penthouse.

5. Height Of Structure: The total height of the structure on any portion of the site above described shall not exceed eight (8) stories or one hundred twenty five feet (125'), whichever is less, as measured by this code, except for the construction of a penthouse as permitted by this code or the Uniform Building Code.

6. Loading And Parking Space: Loading spaces shall be provided in connection with the proposed structure and on the described site in accordance with the provisions of article 27 of this chapter and automobile parking spaces shall be provided in connection with the proposed structure and on the described site, which parking spaces, in addition to the required loading spaces, shall equal at least eighty percent (80%) of the total floor area of the principal structure. Required parking spaces may be provided underground, on the surface or above the ground within the height limit in feet in the same structure or on the described building site. Such automobile parking spaces shall be accessible with adequate ingress and egress.

C. Compliance With Other Laws: Except as herein expressly modified, the use of such lots and the construction of the building shall comply with all rules, regulations, and laws in effect at the time of the construction and use. (1962 Code § 10-810; amd. Ord. 95-O-2239, eff. 7-7-1995)

A. Granting Of Variance: Upon its written request as owner of lots 1 through 5, inclusive, tract 6649, through Sidney Eisenshtat, dated January 6, 1958, and upon the suggestion of the council sitting as a planning commission and after public hearings as provided by law, a variance hereby is granted as requested on behalf of Wilshire-Beverly Associates, owners of the described property, to use lots 1 through 5, inclusive, tract 6649, in the city, as per map book 70, page 54, records of the county recorder, for the purpose of constructing thereon an office building containing a total floor area of approximately ninety six thousand (96,000) square feet on the described site, lots 1 through 5, inclusive, containing approximately thirty three thousand seven hundred fifty (33,750) square feet having a total floor area to site area ratio of less than 3.00 to one, with off street parking furnished on the site in the amount of approximately seventy six thousand nine hundred fifty four (76,954) square feet, off street parking equaling eighty percent (80%) of the gross floor area of the structure. The structure shall consist generally of a one-story and mezzanine store building on the west one hundred sixty three feet (163'), more or less, of the site and a tower over a first floor and mezzanine on the east eighty seven feet (87'), more or less, of the site.

B. Conditions: Such variance is granted upon the following conditions to be strictly observed:

1. Setbacks: The structure above the first floor shall maintain a minimum side yard setback of a least ten percent (10%) of the width of the building site but not less than five feet (5'), provided no such setback need be more than twenty feet (20') from the side yard lot line; and provided, further, that no such setback need be maintained next to a street or alley unless necessary to maintain the following light angles.

2. Light Angles: The structure shall be so designed so as to maintain an average light angle of not more than fifty degrees (50°) measured from the centerline of Wilshire Boulevard, not more than sixty degrees (60°) from the centerline of Beverly Drive, not more than fifty degrees (50°) from the centerline of El Camino and not more than seventy degrees (70°) from the centerline of the alley adjacent to the rear of the structure extending from Beverly Drive to El Camino. In determining the average light angle, a portion of the structure may be perpendicular to the lot line to the full height of the structure, provided another portion is set back sufficiently so that the above light angle is not exceeded. The city building official may permit adjustments of not to exceed ten percent (10%) of the stated light angle to prevent unreasonable hardship in design and arrangement.

3. Roof Structures: Except for roof signs which are prohibited under the Uniform Building Code or other sections of this code, penthouses and other roof structures shall be governed by the provisions of the definition of "height of building" in section 10-3-100 of this chapter and by the provisions of the building code, and when in conflict, the latter shall govern.

4. Signs: No sign shall be constructed, erected or maintained on top of any penthouse, or above the top story of the structure, or above one hundred twenty five feet (125'), whichever is less, except on the side of a penthouse.

5. Height Of Structure: The total height of the structure on any portion of the site described in subsection A of this section shall not exceed eight (8) stories or one hundred twenty five feet (125'), whichever is less, as measured by this code, except for the construction of a penthouse as permitted by this code or the building code.

6. Loading And Parking Spaces: Loading spaces shall be provided in connection with the proposed structure and on the described site in accordance with the provisions of article 27 of this chapter, and automobile parking spaces shall be provided in connection with the proposed structure and on the described site, which parking spaces, in addition to the required loading spaces, shall equal at least eighty percent (80%) of the total floor area of the principal structure. Required parking spaces may be provided under ground, on the surface, or above the ground within the height limit in feet in the same structure or on the described building site. Such automobile parking spaces shall be accessible with adequate ingress and egress.

C. Compliance With Other Laws: Except as expressly modified by this section, the use of such lots and the construction of the building shall comply with all rules, regulations, and laws in effect at the time of the construction and use. (1962 Code § 10-811; amd. Ord. 95-O-2239, eff. 7-7-1995)