The front setback for all R-3, R-4, R-4X1, and R-4X2 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').
A. Exception; Properties Previously Zoned R-1.5: Notwithstanding any other provision of this section, the front setback for any site area heretofore rezoned from zone R-1.5 to zone R-4 shall be fifteen feet (15').
B. Modulation Requirement For Lots That Do Not Exceed Fifty Feet In Width: In addition to the front setback otherwise required by this section, the front facade of a building constructed on a lot that does not exceed fifty feet (50') in width shall be modulated so that a portion or portions of the building are set back at least five feet (5') from the front setback line and the area of the modulation created by this additional setback equals or exceeds the requirements set forth in subsection C of this section.
1. R-3 Properties Excepted: The provisions of this subsection B shall not apply to those properties located in the R-3 Zone.
C. Modulation Requirement For Lots That Exceed Fifty Feet In Width: In addition to the front setback otherwise required by this section, the front facade of a building constructed on a lot that exceeds fifty feet (50') in width shall be modulated so that a portion or portions of the building are set back at least ten feet (10') from the front setback line and the area of the modulation created by this additional setback equals or exceeds the requirements set forth as follows:
1. R-3 Properties Excepted: The provisions of this subsection C shall not apply to those properties located in the R-3 Zone.
2. Area Of Modulation Required: For buildings that do not exceed three (3) stories in height, the area of the modulation shall be three percent (3%) of the aggregate principal building area or one thousand five hundred (1,500) square feet, whichever is less. For buildings that are four (4) stories in height, the area of the modulation shall be three and one-half percent (3.5%) of the aggregate principal building area or one thousand five hundred (1,500) square feet, whichever is less. For buildings that are five (5) stories in height, the area of the modulation shall be four percent (4%) of the aggregate principal building area or one thousand five hundred (1,500) square feet, whichever is less.
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.
3. "Area Of The Modulation" Defined: For the purposes of this subsection C and subsection B of this section, the "area of the modulation" shall be calculated as follows:
AM | = | (D x W x S) |
AM | = | The area of modulation in square feet |
D | = | The depth of the additional setback in feet as measured from the front setback line |
As provided in this subsection C and subsection B of this section, the depth of the additional setback shall be at least five feet (5') on lots that do not exceed fifty feet (50') in width and ten feet (10') on lots that exceed fifty feet (50') in width. Additionally, without regard to the actual depth of the setback, D shall not exceed twenty five feet (25') for the purposes of calculating this formula.
W | = | The width of the additional setback |
S | = | The number of stories affected by the setback |
The depth and width of the setback shall be measured in the same manner as the depth and width of a lot.
a. As provided in the above formula, the depth of an additional setback in excess of twenty five feet (25') shall not be considered part of the "area of modulation".
b. If a facade has been modulated in more than one location, then the "area of the modulation" shall be the sum of the areas of each separate modulation. No ground floor area set back from the front setback line for the purpose of accommodating a garage entrance or balconies or other usable open space shall be counted toward the required area of modulation. However, balconies or other usable open space on the top floor of a structure can be counted toward the required area of modulation, provided there is no floor or level above them.
D. Exception; R-4 Permit To Allow Reduction Of Modulation Requirement: A reviewing authority may issue an R-4 permit to allow the depth of the additional setback required by subsections B and C of this section to be reduced if the reviewing authority determines that the proposed development, as modulated, does not have an adverse impact on the scale and massing of the streetscape.
E. Modulation Requirements For Large Scale Multiple Residential Developments: Except as hereafter provided large scale multiple residential projects shall comply with the modulation and front setback requirements otherwise required by this section. For the purposes of this section, "large scale multiple residential developments" shall mean a multiple residential building with a width of one hundred feet (100') or more.
1. Legislative Purpose: The city council finds that the scale and massing of buildings in the R-4 zone is of concern to the community at large. In order to encourage the development that promotes smaller scale structures that maintain the character and individuality of the city's existing neighborhoods, the city council finds it is necessary to modify development standards to require additional modulation for certain large scale multiple residential developments to ensure that such developments maintain a scale which fosters a sense of place and identity without compromising the variety and diversity of housing options available to the city's residents. The city council further finds that this article promotes the public health, safety, comfort, convenience, and general welfare by preserving both the quality of life of the city's residents and the character of the city's existing residential neighborhoods.
2. Standard Modulation Requirements Modified: Notwithstanding any other provision of this section, no minimum or maximum setback from the front setback line shall apply to the modulation requirements for large scale multiple residential projects.
3. Additional Modulation Requirements For Large Scale Multiple Residential Developments: In addition to the modulation and front setback otherwise required by this section, large scale multiple residential developments shall also comply with the requirements set forth below:
a. Additional Modulation: Large scale multiple residential projects shall provide an additional area of front modulation based on the following formula:
AM | = | W
BA x 5 feet x S |
AM | = | The area of additional modulation in square feet |
WBA | = | The width of the principal buildable area |
S | = | The number of stories |
If a facade has been modulated in more than one location, then the "area of the modulation" shall be the sum of the areas of each separate modulation. No ground floor area set back from the front setback line for the purpose of accommodating a garage entrance or balconies or other usable open space shall be counted toward the required area of modulation. However, balconies or other usable open space on the top floor of a structure can be counted toward the required area of modulation, provided there is no floor or level above such balconies or open space.
b. Setback Requirement: A minimum of sixty percent (60%) and a maximum of seventy percent (70%) of the front facade of the first two (2) stories of a large scale multiple residential project shall be built to the front setback line.
The planning commission may issue an R-4 permit to allow less than sixty percent (60%) of the front facade of the first two (2) stories of a large scale multiple residential development to be built to the front setback line if the planning commission finds that the proposed development would not have an adverse impact on the scale and massing of the streetscape.
c. Corner Lot Modulation Requirement: If a large scale multiple residential project is located on a corner lot, the required front building modulation area (the building elevation facing the principal street) shall be allocated proportionately between the elevation of the building which faces the principal street and the elevation of the building which faces the secondary street. Such allocation shall be based on the percentage of building length to street frontage for each elevation.
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'). Any gates which provide entry or exit to such 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)