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Notwithstanding any other provisions of this article or any provision of this code, and without a declaration of emergency by the mayor or the city council, the owner of any multiple-family residential dwelling that is involuntarily damaged or destroyed by fire, other catastrophic event, or the public enemy may repair or reconstruct such dwelling pursuant to this section if the owner obtains a building permit for the repair or reconstruction within two (2) years after the damage or destruction.
A. Determination Of Specifications: If a multiple-family residential dwelling is destroyed by fire, other catastrophic event or the public enemy, the city shall determine the predamage parameters of the dwelling which define the legally permitted scale of such dwelling. Those parameters include, but are not limited to, the dwelling's height 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.
B. Development Plan Review:
1. No building shall be repaired or reconstructed pursuant to this section except in conformity with the development plan review requirements contained in article 31 of this chapter.
2. Unless the planning commission otherwise conditions the repair or reconstruction pursuant to this development plan review process, the owner may repair or reconstruct the dwelling in such manner that:
a. 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;
b. The height envelope of the replacement structure is within the height envelope of the original structure as it is determined by the city;
c. The footprint of the replacement structure is within the footprint of the original structure as it is determined by the city;
d. The aggregate floor area of the replacement structure is equal to or less than the aggregate floor area of the original structure as it is determined by the city;
e. A garage may be rebuilt in the rear yard of a property if the existence of a rear yard garage is verified by the city, provided that the replacement garage shall be in the same location as the original garage.
3. However, the planning commission may not impose any condition upon the repair or reconstruction which would prohibit the repair or reconstruction of the aggregate floor area of the original building or would prohibit repair or reconstruction of the total number of dwelling units of the original building, unless the Planning Commission determines that:
a. The repair or reconstruction will be detrimental or injurious to the health, safety, or general welfare of persons residing or working in the neighborhood, or will be detrimental or injurious to property and improvements in the neighborhood; or
b. The existing nonconforming use of the building or structure would be more appropriately moved to a zone in which the existing nonconforming use is permitted.
C. Parking: For each unit repaired or reconstructed in excess of the then current density limitations of this 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 Planning Commission may reduce or waive this parking requirement as part of its approval of the permittee's development plan review application if the Planning Commission determines that such a waiver or 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. 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 parking on the site.
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.
D. Rental Units: Whenever an owner repairs or reconstructs rental units pursuant to this section, such units shall remain subject to the City's rent control laws. However, notwithstanding any other provision of this Code, any tenant required to vacate a 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 occupy the unit. (Ord. 15-O-2681, eff. 8-21-2015)