The following standards shall govern the repair or reconstruction of residential buildings which are located in residential zones and do not conform to the then current city zoning ordinances, provided that the repair or reconstruction is performed pursuant to a permit issued under the authority of this article.
A. Structures In Single-Family Residential Zones: The permittee may repair or reconstruct a building in such a manner that:
1. The floor area of the replacement structure is equal to or less than the floor area of the original structure as it is determined by the city;
2. The footprint of the replacement structure is within the footprint of the original structure as it is determined by the city;
3. The height envelope of the replacement structure is within the height envelope of the original structure as it is determined by the city.
Any permittee who repairs or reconstructs a building in a single-family residential zone under the provisions of this article shall provide parking for the replacement or reconstructed building pursuant to the then current Beverly Hills municipal code.
The permittee may request a reduction of the applicable parking requirements by making application to the community development department for a minor accommodation pursuant to article 36 of this chapter. The director of community development may reduce the applicable parking requirements if the director determines that such a reduction: 1) is necessary because the subject property cannot physically accommodate additional parking; or 2) is necessary to prevent undue economic hardship for the permittee. The director of community development shall not reduce the applicable parking requirements to less than the legal number of spaces that was on the subject site prior to the disaster.
The front yard paving restrictions specified in section 10-3-2422, 10-3-2518, or 10-3-2618 of this chapter (or their successor sections) shall apply to any repair or reconstruction in a single-family residential zone pursuant to this article. The permittee may request a relaxation of the foregoing restrictions by making application to the department of community development for a minor accommodation pursuant to article 36 of this chapter. The director of community development may relax the foregoing paving restrictions if the director determines that such a relaxation: 1) is necessary because the subject property cannot otherwise physically accommodate the parking required under this section; 2) the required parking under this section is in excess of the legal number of spaces that was on the subject site prior to the disaster, 3) such relaxation will help to provide additional necessary parking; and 4) such paving will be compatible with the character of the adjacent streetscape.
The city shall determine the predamage parameters of the building which define the legally permitted scale of such building. Those parameters include, but are not limited to, the building's envelope, footprint, parking, and floor area. Such determination shall be based on the records of the city, as well as any additional information provided by the owner pursuant to a request by the director of community development.
No building shall be repaired or reconstructed in a single- family residential zone under the provisions of this article except in conformity with the design review requirements specified in the director's guidelines for disaster reconstruction.
B. Structures In Multiple-Family Residential Zones:
1. No building shall be repaired or reconstructed pursuant to this subsection B except in conformity with the architectural review requirements of article 30 of this chapter.
2. The permittee may repair or reconstruct a building in such manner that the footprint of the replacement structure is within the footprint of the original structure as it is determined by the city.
3. The permittee may repair or reconstruct a building in such manner that the height envelope of the replacement structure is within the height envelope of the original structure as it is determined by the city.
4. The permittee may reconstruct a garage in the rear yard of a property if the city determines that a rear yard garage existing prior to the disaster. The repaired or rebuilt garage shall be in the same location as the original garage as determined by the city.
5. The permittee may repair or reconstruct a building in such manner that the aggregate floor area in the replacement structure is equal or less than the aggregate floor area of the original structure as it is determined by the city.
6. The permittee may repair or reconstruct a building in such manner that the average unit size in the replacement structure is equal to or greater than the average unit size of the original structure as it is determined by the city.
7. The permittee may repair or reconstruct a building in such manner that the number of units in the replacement structure is equal to or less than the number of units in the original structure as it is determined by the city.
8. Excluding the parking required by subsection B10 of this section, the permittee may repair or reconstruct a building, but only in such manner that the replacement structure is no more deficient in required numbers of parking spaces under the parking requirements of the then current Beverly Hills municipal code than the original structure may have been under the parking requirements of the then current Beverly Hills municipal code.
9. The city shall determine the predamage parameters of the existing building which define the legally permitted scale of the replacement structure. Those parameters include, but are not limited to, the building's envelope, footprint, parking, floor area, and number of dwelling units. Such determination shall be based on the records of the city, as well as any additional information provided by the owner pursuant to a request by the director of community development.
10. For each unit repaired or reconstructed in excess of the then current density limitations of the Beverly Hills municipal code, the permittee shall provide one additional parking space up to the amount of parking otherwise required by the then current Beverly Hills municipal code for the replacement building.
The permittee may request a reduction of this parking requirement by making application to the planning commission for development plan review pursuant to article 31 of this chapter. The planning commission may reduce or waive this parking requirement if it makes the findings required to issue a development plan review permit and additionally determines that such a waiver or reduction: a) is necessary because the subject property cannot physically accommodate additional parking; or b) is necessary to prevent undue economic hardship for the permittee. In lieu of granting a waiver or reduction, the planning commission may, upon request by the permittee, allow the permittee to repair or reconstruct the building so that the building extends beyond the predamage height envelope or footprint, but not beyond the predamage maximum height or minimum setback, for the sole purpose of accommodating all code required parking on the site.
Unless the permittee requests a reduction in the parking required by this section, or requests a building design that exceeds the height envelope or building footprint, the permittee shall not be required to obtain a development plan review permit in order to reconstruct the building.
Nothing in this subsection shall be construed to require the permittee to provide more parking than is required by the then current Beverly Hills municipal code for the replacement building, nor shall this subsection be construed to permit a building to be repaired or reconstructed without providing at least the number of parking spaces provided prior to the damage to the building.
C. Rental Units: Whenever the permittee repairs or reconstructs rental units, such units shall remain subject to the city's rent control laws. However, notwithstanding any other provisions of this code, any tenant required to vacate the rental unit due to damage or destruction, or due to repair or reconstruction of the unit, shall be provided a right of first refusal to reoccupy the unit. (Ord. 15-O-2681, eff. 8-21-2015)