10-3-2522: VIEW PRESERVATION:
   A.   Except as authorized by a Hillside R-1 permit issued pursuant to article 25.5 of this chapter, and notwithstanding the provisions of section 10-3-2503 of this article concerning building heights, no structure in the Hillside Area shall be constructed to a height in excess of fourteen feet (14') if such construction in excess of fourteen feet (14') would substantially disrupt a view of the Los Angeles area basin from the level pad which contains the primary residential building on a property within three hundred feet (300') of the subject property, and such view would not have been substantially disrupted by development of a fourteen foot (14') structure. Notwithstanding the provisions of subsection D of the definition of "height of building", section 10-3-100 of this chapter, for purposes of this section, measurement of the height of the building or structure to be constructed at any point shall mean the vertical distance between that point and the point below it on a plane defined by ground level as it existed on September 4, 1992, at all points along the building or structure perimeter.
   B.   For the purposes of this section, a view "from the level pad which contains the primary residential building" shall mean a view from a point six feet (6') above the finished grade of the pad. If no primary residential building has been constructed on a property within three hundred feet (300') of the subject property, then a "view from a level pad which contains the primary residential building" shall mean the view from a point six feet (6') above the finished grade of the pad upon which, in the judgment of the Director of Planning, the primary residential building is most likely to be constructed.
   C.   Notwithstanding the provisions of subsection A of this section, for purposes of this section, if a driveway is located adjacent to a perimeter wall of a building, and the driveway leads to a subterranean garage, then the plane described in subsection A of this section that is defined by the September 4, 1992, ground level at all points along the building perimeter shall, for that portion of the building located adjacent to the driveway, be defined instead by the points along the building perimeter at the elevation of the highest point of the driveway. However, if the high point of the driveway exceeds the highest point of the September 4, 1992, ground level along the building perimeter, then the high point of the driveway shall not be used to define the plane and the plane shall be defined by the natural ground level along the building perimeter excluding that portion of the perimeter located adjacent to the driveway.
Also, notwithstanding the provisions of subsection A of this section, for purposes of this section, if a lightwell is located adjacent to a building, then the plane defined by the September 4, 1992, ground level at all points along the building perimeter shall, for that portion of the perimeter located adjacent to the lightwell, be defined instead by the September 4, 1992, grade at all points along the perimeter of the lightwell. (Ord. 92-O-2147, eff. 9-4-1992; amd. Ord. 94-O-2228, eff. 1-13-1995; Ord. 95-O-2239, eff. 7-7-1995; Ord. 99-O-2339, eff. 12-31-1999)