Beverly Hills Municipal Code Ch. 37 Additional Requirements in Certain Areas

SECTION 3701

CONSTRUCTION REQUIREMENTS IN COMMERCIAL AND INDUSTRIAL ZONES

Any open parking garage of type II-B construction.

SECTION 3702

WALLS AND FENCES IN COMMERCIAL AND INDUSTRIAL ZONES

Any wall or fence built, constructed, or erected within a commercial or industrial zone shall be of noncombustible material.

Exceptions:

1. Protective walls or fences erected for the duration of a construction, demolition or alteration operation may be constructed of combustible material.

2. A temporary wall or fence erected to close the front or rear portion of a business building pending occupancy may be constructed of combustible material provided such opening is filled entirely. Such enclosure shall be permitted to be used for a period not exceeding one year.

Appendix Section J103.2 of the California Building Code is amended to read as follows:

J103.2 Exemptions: A grading permit shall not be required for the following:

• 1. Deleted
• 2. Deleted
• 3. Deleted
• 4. Deleted
• 5. Excavations for wells, or trenches for utilities.
• 6. Deleted

7. Exploratory excavations performed under the direction of a registered design professional.

Exemption from the permit requirements of this appendix shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.

Appendix Section J104.3 of the California Building Code is amended to read as follows:

J104.3 Geotechnical Report

A geotechnical report prepared by a registered design professional shall be provided. The report shall contain not less than the following:

1. The nature and distribution of existing soils.

2. Conclusions and recommendations for grading procedures.

3. Soil design criteria for any structures or embankments required to accomplish the proposed grading.

4. Where necessary, slope stability studies, and recommendations and conclusions regarding site geology.

Exception: A geotechnical report is not required where the building official determines that the nature of the work applied for is such that a report is not necessary.

In addition, the geotechnical report shall specify whether methane hazard exists on site. If methane hazard exists, a California licensed engineer or geologist shall submit a report to the satisfaction of the city building official which includes, but is not limited to, the results of the testing procedure and the proposed mitigation measures.

Section J104.5 is added to Appendix J of the California Building Code to read as follows:

J104.5 Slope failure reports. In addition to any other requirements set forth in this chapter, the permit applicant shall submit to the building official a combined soils and engineering geology report to address the slope failure and provide recommended repair methods.

Section J112 is added to Appendix J of the California Building Code to read as follows:

SECTION J112

HAZARDOUS CONDITIONS

J112.1 Notices. Whenever the city building official determines by inspection that any existing excavation or fill or other condition of the soil from any cause has become a menace to life or limb, or endangers property, or affects the safety, usability, or stability of a public way, the owner of the property upon which such excavation, fill, or other condition of the soil is located, or other person or agent in control of such property, shall, within ninety (90) days after the date of a written notice from the building official, repair and reconstruct such excavation, fill, or other condition of the soil so that it conforms to the requirements of this chapter, or otherwise repair, strengthen, or eliminate such excavation, fill, or other condition of the soil in a manner satisfactory to the city building official to eliminate the danger. The city building official may designate a shorter period of time for elimination of the condition if an imminent and immediate hazard is found to exist.

J112.2 Reports. In the event the owner or other person or agent in control of such property fails to comply with the notice to repair or reconstruct such excavation, fill, or other condition of the soil, the city building official may submit a written report to council requesting authorization to proceed in performing the work specified in such written notice, and assess the costs of such work as a special assessment against the property.

J112.3 Hearings. Upon the receipt of such a report, the council may fix a time, date, and place for a hearing on such report and any protests or objections thereto. At least ten (10) days prior to the hearing a notice of the hearing shall be served by certified mail, postage prepaid, addressed to the owner of the property at his last known address, and to each holder of any security interest in the real property.

J112.4 Authorizing work. On conclusion of the hearing, the council may by resolution confirm the report of the city building official and order the repair or reconstruction of such excavation, fill, or other condition of the soil by the city.

J112.5 Levy and assessment. Upon the completion of the repair or reconstruction of such excavation, fill, or other condition of the soil by the city, the city building official will transmit a final statement of the total direct and indirect costs of such work to the council, which will by resolution fix the time, date, and place for hearing such statement in accordance with the provisions of this code. Upon the date fixed for the hearing, the council will hear the report of the city building official, together with any objections or protests thereto, and may then by resolution order the costs of the work to be paid and levied as a special assessment against the property. The city clerk will then transmit a copy of the resolution to the county auditor-collector directing that the amount designated to be collected concurrently with the next installment of real property taxes on the property involved.

Section J113 is added to Appendix J of the California Building Code to read as follows:

SECTION J113

BONDS

J113.1 Bonds required. The city building official may require the posting of a bond prior to issuance of a permit where the nature of the work, if commenced and allowed to remain in an uncompleted state, would create a hazard to human life or endanger adjoining or other property, any street or street improvement, or any other public property. The bond shall be in an amount sufficient to cover the cost of eliminating any dangerous condition or geological hazard if the project is not properly performed or is not completed in a timely manner. The bond shall comply with the provisions of title 3, chapter 4 of the Beverly Hills Municipal Code.

J113.2 Right of entry. In the event of any default in any performance of any term or condition of the permit for the work, the surety, or any person employed or engaged on its behalf, or the city building official, or any person employed or engaged on his behalf, shall have the right to go upon the premises to complete the required work or make it safe.

J113.3 Interference prohibited. No person shall interfere with or obstruct the ingress or egress to or from any such premises by any authorized representative or agent of any surety or of the city engaged in completing the work required to be performed under the permit or in complying with the terms or conditions thereof. (Ord. 25-O-2926, eff. 1-1-2026; amd. Ord. 25-O-2929, 12-9- 2025)

A. No building permit shall be issued for the construction of any building designated in subsection B of this section unless the applicant has paid a massing model fee in an amount established by resolution of the city council. In addition, no building permit shall be issued for alteration of the configuration of the shell of any building designated in subsection B of this section unless the applicant has paid a massing model fee in an amount established by resolution of the city council. Provided, however, that neither alteration to the facade of the building, nor the addition, removal, or alteration of awnings or marquees shall be considered an alteration of the configuration of the shell for the purpose of this section.

The massing model fee shall be used to prepare a model of the building being constructed or altered. The model will update the city's massing model of the areas designated in subsection B of this section.

B. This section shall apply to construction of, and alteration to:

1. Buildings located in the area bounded by and including Santa Monica Boulevard, Crescent Drive, and the lots abutting the southerly side of Wilshire Boulevard; and

2. Buildings located in the area bounded by and including Santa Monica Boulevard, Civic Center Drive, Burton Way, Maple Drive, and Beverly Boulevard. (Ord. 02-O-2414, eff. 12-19-2002; amd. Ord. 10-O-2597, eff. 1-1-2011)