BUILDING GUIDELINES - PUBLIC PAGE
The Land Use Committee will assist residents to understand the City’s requirements affecting their project. The Association
has developed guidelines for the private use of the unique wide street easements that border most of the properties in the Park.
The private use of this border area requires a revocable permit from the City.
The Committee recommends compliance with the City Zoning Code. Should you wish to vary from the code, the Committee will review
your request and forward its recommendation to you and the City.
Procedure for Revocable Permits and Guidelines for Encroachment in Border Areas
Created 2006
BRENTWOOD PARK
GUIDELINES FOR ENCROACHMENT IN BORDER AREAS
A. Introduction/Scope: These guidelines were prepared by the Brentwood Park Property Owners Association, Inc (Association) and coordinated with the office of the West Los Angeles District Engineer, Department Of Public Works, City of Los Angeles (DPW). These guidelines will assist all property owners in Brentwood Park (Park) to obtain a revocable permit required for any private owner encroachment proposed, constructed or revised within the City of Los Angeles public rightof-way (Border Area). The guidelines affect all properties in the Park as all properties in the Park have Border Areas. Typical encroachments include, without limitation, fences/walls/pilasters/posts/gates/hedges/trees/bushes or any other constructed or planted materials within the Border Area (herein called ³fences/walls/hedges²).
The guidelines were developed in order to protect the rights of the City of Los Angeles (the City) and property owners regarding encroachments that could affect the City zoning and building requirements, civil liability, public safety, community aesthetics and provisions of the Brentwood - Pacific Palisades Community Plan of the General Plan of the City.
The Association is interested and concerned that property owners within the Park are informed of the guidelines and the City requirements to obtain revocable permits for any new or revised encroachments in the border areas. Following these guidelines will aid and guide the property owners and/or their representatives to obtain the Association letter of recommendation for City approval of a revocable permit. These guidelines apply to any existing new or revised encroachments in the border areas. The City requires a letter of recommendation by the Association to be submitted with the application for the revocable permit.
B. Definitions:
1. Border Area: That area located on the property owned in fee by the owner known as the City public right-of-way located between the curbface and the property lot line. In the Park this area extends from a width of 5-feet to 42.5-feet depending on the property location. Border areas exist along front yard lot lines and side yard lot lines for corner lots. These yard lines are often referred to as property lines.
2. RA Suburban Zone: A one-family residential lot subject to zoning defined in section 12.07 of the zoning code. Most lots in the Park are zoned RA.
3. RE 11 Residential Estate Zone: One of a group of one-family residential lots subject to zoning as defined in Section 12.07.01 of the zoning code. The balance of the lots in the Park are zoned RE 11.
4. Hillside Area: All property in the Park is in a designated 'Hillside Grading Area'. This designation affects permitted height limitations for fences/walls/hedges and imposes other limitations on yards and buildings. North of Sunset Boulevard. is also in the Hillside Ordinance Area and the Very High Fire Hazard Severity Zone (VHFHS).
C. Purpose:
These guidelines establish the criteria for the Association recommendation to the City for its approval of a revocable permit for new or revised construction of fences/walls/hedges within the border areas. The guidelines are intended to reflect the applicable legal requirements and community aesthetics to assure satisfaction of these criteria for the benefit of the City and all property owners within the Park. The City has final authority to approve or not approve any encroachment.
D. Process:
It is the practice and procedure of the DPW to review and approve an application for a revocable permit after receipt of a written recommendation for its approval from the Association. To request a review by the Association for its letter of recommendation a property owner should submit to the Chair of the Variance Committee of the Association a site plan with a minimum 1/8 inch or 0.1 inch per foot scale showing the new or revised fences/walls/hedges, as applicable; a topographical survey showing the existing trees signed by a licensed surveyor (if not part of the site plan); a plot plan; the elevation plan that shows the building height and the datum used; the calculations that was used to calculate the front yard setback; a landscape plan and an 8-1/2 x 11 reduced copy of the plans that show the requested encroachments and a proposed landscape plan. If the plans vary from the requirements of section F and G, the relevant factors the owner feels are important for a revocable permit must be included. The Committee may need more information and require more detailed plans and will notify the owner if necessary. Currently for those encroachments recommended for approval by the Association the following must be submitted to the District Engineer at 1828 Sawtelle Boulevard, Third Floor, Los Angeles, CA 90025: (i) a nominal fee; (ii) the application; (iii) the Association recommendation letter with an 8.5 x 11 inch plot plan showing the requested encroachments and a landscape plan; (iv) a copy of the title or other proof of ownership of the property acceptable by DPW.
When the conditions of approval by the City are met, the District Engineer will prepare a Waiver of Damages and Indemnification Agreement for the property owner to process before the Revocable Permit is granted which will be recorded with the county recorder.
Where there is an unresolved disagreement with the Association or a disapproval letter from the Association, property owners may request; (i) to be heard by the full Land Use Committee; (ii) to be heard by the full Association Board; (iii) instructions from the DPW West Los Angeles District Engineer at 310-575-8381 on how to appeal to the District Engineer or the Board of Public Works.
Approval by the Cultural Affairs Commission (CAC) shall be required for all over height fences/walls/hedges and may be required for solid walls and non-standard fences/walls as determined by the CAC. CAC approval may still require an appeal to the Board of Public Works.
E. General Guidelines:
All fences/walls/hedges in the Border Areas shall conform to applicable City Building and Zoning codes. Zoning for RA lots in a Hillside Grading Area as applicable to the Park allows fences/walls/hedges to be a maximum of 6-feet in height. Zoning for RE-11 lots in a Hillside Grading Area as applicable to the Park allows for fences/walls/ hedges a maximum of 3.5-foot in a front yard and 6-feet in a corner side yard. All corner lots shall maintain a 45-foot visibility triangle per section 62.200 of the Zoning Code regardless of whether the intersection is signal or stop sign controlled. To provide for safety at some acute-angled intersections up to a 65-foot visibility triangle may be required. For safety purposes, automobile gates shall be at least 20-feet from the curbface and not open toward the street pursuant to policy requirements of DPW and Department of Transportation.
Any request for a variance from the applicable City requirements and/or these guidelines will be evaluated based on relevant facts in each case using the following factors:
1. The strict application of the requirements of the City and/or the Association guidelines would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of these requirements/guidelines.
2. There are special circumstances applicable to the subject property such as size, shape, topography, location or surroundings that do not apply generally to other property in the same zone and/or vicinity within the Park.
3. Such encroachment is necessary for the preservation and enjoyment of a substantial property right or use generally possessed by other property owners in the same zone and/or vicinity within the Park but which, because of such special circumstances and practical difficulties or unnecessary hardships, is denied the property in question.
4. The grant of such Revocable Permit will not be materially detrimental to the public welfare or injurious to the property or improvements or community aesthetics in the same zone and/or vicinity in which the property is located.
5. The grant of a Revocable Permit will not adversely affect any element of the City General Plan and the Brentwood - Pacific Palisades Community Plan.
F. Guidelines for North/South Streets:
These streets generally carry most of the traffic. Additionally most frontages of the lots are front yards and are more open with fewer existing encroachments. Subject to a request for a variance and to exceptional factors as described in Exhibit A, fences/walls/hedges on north/south streets in the Park shall meet the following requirements which are generally presumed to be acceptable to the City:
1. No encroachment shall be permitted closer than 20-feet from the curbface.
2. Fences and walls no higher than 3.5-feet with an open area greater than 50% shall not encroach closer than 12-feet from the curbface.
3. A 6-foot wide pedestrian safe-zone is required adjacent to the curb.
Notwithstanding the foregoing alternative requirements, (i) no encroachment of fences/ walls/hedges in the 25-foot wide Border Area on the west side of Rockingham Avenue shall be permitted; (ii) no encroachment of fences/walls/ hedges shall be permitted where the width of the Border Area is 15-feet or less, e.g., North Bristol Avenue; and (iii) all properties on South Bristol Avenue and all properties on the outside circumference of North and South Bristol Circle shall not encroach closer than 20-feet from the curbface.
Property owners may propose a design for encroachments that vary from the foregoing guidelines based on all relevant factors the owner feels are important. See Exhibit A for examples of relevant factors.
G. Guidelines for East/West Streets:
These streets generally carry less traffic. Additionally many lots have frontages on these streets that are side yards and may be less open because of the narrower zoning requirement for side yards. Generally it appears there have been more encroachments on these streets. Subject to a request for a variance and to exceptional factors as described in Exhibit A, fences/walls/hedges on east/west streets in the Park shall meet the following requirements which are generally presumed to be acceptable to the City:
1. No encroachment shall be permitted closer than 12-feet from the curbface.
2. A 6-foot wide pedestrian safe-zone is required adjacent to the curb.
Notwithstanding the foregoing alternative requirements, no encroachment of fences/ walls/ hedges shall be permitted where the width of the Border Area is 15-feet or less.
Property owners may propose a design for encroachments that vary from the foregoing guidelines based on all relevant factors the owner feels are important. See Exhibit A for examples of relevant factors.
H. Conclusion:
These guidelines have been prepared in order to facilitate the timely resolution of all issues concerning encroachments in the Border Areas with the expectation that mutual agreement will be reached among the City, the Association and the property owner. If mutual agreement is not concluded, the City has an appeals process applicable to revocable permits and zoning variances as provided under applicable law.
Approved by the Board of Directors, July 10, 2006.
EXHIBIT A
The following examples of relevant factors (taken alone or in combination) that may, under the proper circumstances, justify a greater encroachment in the Border Area than the guidelines set forth in the paragraph F and G. Without limitation these factors are:
1. An irregular shaped property.
2. Unusual topography of the property.
3. Unusually heavy traffic conditions, e.g., noise.
4. Special security problems,
5. Special safety considerations.
6. An unsightly existing encroachment, on or off the owners property, e.g., Utility poles, lines or equipment or existing walls/fences/hedges.
7. Proposed encroachment involves curvilinear, undulating or broken angle fences/walls/hedges, provided that the average encroachment
proposed does not exceed the guidelines.
8. Proposed encroachment involves substantially lower fences/walls/hedges than required under the guidelines.
9. Proposed encroachment replaces solid walls with new or revised hedges and/or landscaping.
10. Encroachments on contiguous properties.
11. Removal of existing encroachments within 6-feet of curbface.
12. Proposed encroachment and/or landscape plan will enhance park-like aesthetics in the neighborhood.