Item F-1 Agenda Report — Beverly Hills City Council, September 19, 2023

AGENDA REPORT
Meeting Date: September 19, 2023
Item Number:

To: Honorable Mayor & City Council
From: Masa Alkire, AICP, City Planner
Chloe Chen, Senior Planner
Subject: AN ORDINANCE OF THE CITY OF BEVERLY HILLS TO PROVIDE

OBJECTIVE STANDARDS FOR HOUSING DEVELOPMENTS WITH

NO MORE THAN TWO PRIMARY UNITS AND URBAN LOT SPLIT

PARCEL MAPS IN SINGLE-FAMILY RESIDENTIAL ZONES
PURSUANT TO GOVERNMENT CODE SECTIONS 65852.21 AND
66411.7 (SENATE BILL 9, 2021) AND MAKING A DETERMINATION

OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT (CEQA)
Attachments: 1. Draft Ordinance

2. Planning Commission Resolution No. 2034

3. Public Correspondence

4. Interim Ordinance No. 21-O-2853

5. Ordinance No. 22-O-2856 (Extension 1)

6. Ordinance No. 22-O-2869 (Extension 2)

RECOMMENDATION
Pursuant to the Planning Commission’s review and recommendation, staff recommends that the City Council move to waive the full reading of the ordinance and introduce and read by title only the ordinance entitled “AN ORDINANCE OF THE CITY OF BEVERLY

HILLS AMENDING THE BEVERLY HILLS MUNICIPAL CODE TO PROVIDE

OBJECTIVE STANDARDS FOR HOUSING DEVELOPMENTS WITH NO MORE THAN

TWO PRIMARY UNITS AND URBAN LOT SPLIT PARCEL MAPS IN SINGLE-FAMILY RESIDENTIAL ZONES PURSUANT TO GOVERNMENT CODE SECTIONS 65852.21 AND 66411.7 (SENATE BILL 9, 2021), AND MAKING A DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)”.

The draft ordinance as recommended for approval by the Planning Commission is included in Attachment 1.

Meeting Date: September 19, 2023

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INTRODUCTION
SB 9 is a state law that requires local agencies in California to ministerially approve urban lot splits and development up to two residential units per single-family residential lot. The law requires the approval of up to four housing units on parcels zoned for singlefamily residential uses, through either: 1) the use of the urban lot split to create two parcels on which two units can be constructed each, or 2) the development of two primary units plus an accessory dwelling unit (ADU) and junior ADU on a lot that is not subdivided into two lots. For an urban lot split, the two units allowed on each of the resulting parcels may be any combination of the primary unit, ADU, or junior ADU, and by building two units on each lot, the total of four units is also allowed. The state law allows local agencies to apply objective development standards such as setbacks and heights, objective subdivision standards (lot size criteria, etc), and objective design standards, as long as the standards allow up to two primary units that are at least 800 square feet on the parcel or up to two primary units that are at least 800 square feet on each parcel created by an urban lot split.

At its November 2, 2021 Study Session Meeting, the City Council discussed the regulations of SB 9 and its potential impacts on the single-family residential zones of the city. The City Council directed staff to draft an interim ordinance to establish objective development standards for SB 9 construction projects. At its December 7, 2021, meeting, the City Council voted to adopt Interim Ordinance No. 21-O-2853 (Attachment 4) to create objective standards for SB 9 residential development projects. The standards apply to the ministerial review and approval of a two-lot subdivision (“urban lot split”) and/or development projects with up to two units per lot in single-family residential zones constructed pursuant to SB 9 regulations.

The interim ordinance adopted on December 7, 2021 took effect immediately, and was in effect for an initial 45-day period ending on January 21, 2022. This interim ordinance was subsequently extended for an additional ten (10) month and fifteen (15) day period through the adoption of Ordinance No. 22-O-2856 (Attachment 5), and for an additional one-year period through the adoption of Ordinance No. 22-O-2869 (Attachment 6). The interim ordinance has been extended the maximum period of time possible to provide additional time for staff to review the regulations and conditions in the city, and will expire on December 6, 2023. During this time, staff has studied the potential impacts of SB 9 related to the health, safety, and welfare, and other conditions in the city, and worked to develop a draft ordinance that may be adopted on a permanent basis.

At their meeting of August 10, 2023, the Planning Commission reviewed the draft ordinance and provided comments and recommendations. The Commission also received written comments from the public, which expressed concern that the proposed regulations were too restrictive. The discussion resulted in two changes to the regulations contained in the draft ordinance:
1) Revise the inclusionary housing requirement to be consistent with the existing requirement in BHMC §10-3-4803, which currently applies to projects with five or more units, and requires production of an affordable unit or allows the payment of an in-lieu fee for certain types of projects, and
2) Exempt basement floor area, as defined in the Beverly Hills Municipal Code, from the total floor area maximum limitation applicable to these types of projects.

The change to the basement floor area would essentially mean any basement constructed and that meets the definition of a basement pursuant to the definition in BHMC §10-3-100 would not count towards the floor area maximum of 800 square feet.

Meeting Date: September 19, 2023

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The Commission voted 4-1 to adopt a resolution recommending the approval of the draft ordinance as amended to the City Council. However, it should be noted that the one nay vote was only related to a disagreement on the proposed change to the basement floor area change, and the full Commission supported the change to the inclusionary housing requirement which, based on the current regulations contained in BHMC §10-3-4803, would not result in a requirement for an affordable unit to be provided within an SB 9 project. The changes proposed to the draft regulations by the Planning Commission are noted in the Discussion section below.

DISCUSSION
This section provides an overview of the proposed regulations contained in the draft ordinance. Pursuant to the provisions of SB 9, jurisdictions may create objective standards with which ministerial projects approved under SB 9 must comply. The proposed standards shown below and contained in the ordinance also comply with the guidelines in state law, which set forth certain minimums or maximum for development standards.
• BHMC §10-3-4901 Definitions – this section adds definitions related to urban lot splits, in particular, creating definitions for a “front lot” and “rear lot” that would be formed as a result of the urban lot split.
• BHMC §10-3-4902 Applicability – this section clarifies that the regulations of this article apply to residential projects and urban lot splits proposed pursuant to the provisions of SB 9 and subject to the limitations in SB 9, such as those related to properties in Very High Fire Hazard Severity Zones (VHFHSZ) and properties with designated historic districts or landmarks. The provisions of SB 9 currently restrict projects on sites that are located in a VHFHSZ. The section clarifies that the regulations of the underlying zone shall also apply when appropriate. • BHMC §10-3-4903 General Requirements; Covenant Required – this section discusses several requirements with which the urban lot split project must comply, which are also required to be enumerated in a covenant that will be recorded against the property. These requirements include restrictions on the types of uses allowed on the property, a requirement for the owner to occupy one of the housing units as a principal residence for at least three years from the date of the urban lot split approval, and if an inclusionary housing unit is required and provided, a requirement for the property owner to provide a copy of the rental or lease agreement.
• BHMC §10-3-4904 through §10-3-4911, inclusive – these sections provide objective standards that only apply to urban lot splits or two primary housing unit projects created pursuant to SB 9, which includes but is not limited to the following:
o Minimum lot size of 1,200 square feet;
o Lot sizes that shall be approximately equal to each other, and no smaller than 48% or larger than 52% of the lot area of the original parcel; o Prohibition of flag lots if adjacent to an alley, or located on a corner, or on a through lot;
Meeting Date: September 19, 2023

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o Minimum width of 75% of the original lot;
o No right-of-way dedications required;
o Maximum number of units allowed on a site that is developed under SB 9 regulations;
 For an urban lot split, no more than two units are permitted on a site; and
 For projects without an urban lot split, no more than 4 units (including one ADU and one Junior ADU) are permitted on a site;
o Maximum unit size of 800 square feet;
o Maximum unit height of 14 feet and one-story;
o Required setbacks;
 Units must have at least a 4-foot setback from all side and rear lot lines;
 Units must have a front setback as established in City records, or if it is not established or is zero, for developed sites, the front setback is the lesser of: 1) The distance between the front lot line and the closest element of the existing primary residence; or 2) The average of the front setbacks of the other site areas on the same side of the street in the same block; and for undeveloped sites, the front setback is the average of the front setbacks of the other site areas on the same side of the street in the same block;
 The required front setback for a rear lot created through an urban lot split is 10 feet, and the front lot line of a rear lot shall be the lot line closest to and parallel to the primary street; and
 No additional setbacks shall be required for units constructed within the footprint of an existing structure on a site;
o Minimum width of a building of 40 feet or 75% of the lot width, whichever is less;
o One parking space is required for each unit, unless the unit is within ½ mile of a high-quality transit corridor or a major transit stop, or if there is a car share vehicle located within one block of the project;
 Parking shall not be provided in a front setback and parking on a rear lot shall be accessed through an alley if an alley is adjacent to the site; o Requirement for a separate entrance and screening
• BHMC §10-3-4912 Affordable Rental Rate Required – this section requires that any SB 9 projects comply with the City’s inclusionary housing requirement, as set forth in Title 10, Chapter 3, Article 48. This rental provision is enforced with the covenant required under BHMC §10-3-4903. The current inclusionary housing requirement would not result in a requirement for an SB 9 project to include an affordable housing unit (or payment on an in-lieu fee), but this requirement could apply if the inclusionary housing regulation is updated in the future.

Meeting Date: September 19, 2023

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• BHMC §10-3-4913 Additional Standards for Hillside and Trousdale – this section adds specific requirements for the Hillside and Trousdale Estates area of the city, including but not limited to:
o Prohibiting the creation of level pad areas for purposes of adding a new unit o Prohibiting the construction of units off the existing level pad areas on a site o Allowing a flag lot if there is no alley access or the lot of not a through lot or corner lot
While the draft ordinance contains standards specific to properties located in the Hillside and Trousdale Estates areas of the city, it is important to note that the provisions of SB 9 currently restrict projects on sites that are located in a VHFHSZ, as determined by the Department of Forestry and Fire Protection. Within Beverly Hills, that includes all parcels located north of Sunset Boulevard and encompasses the entirety of the Hillside and Trousdale Estates areas. These SB 9 restrictions do not apply to sites excluded from the specific hazard zones by a local agency, or sites that have adopted mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development. City staff would review any SB 9 projects proposed in the VHFHSV for compliance with both the State statute, applicable restrictions, and adopted local standards.
• BHMC §10-3-4914 Adverse Impact Findings – this section allows the denial of an urban lot split or the construction of units pursuant to SB 9 with the finding that the project would have a specific, adverse impact on the public health and safety or the physical environment, for which there is no feasible mitigation.

Since the adoption of the interim ordinance, there have been only a few inquiries regarding the regulations of the ordinance and how they apply to SB 9 projects, and no SB 9 projects have been submitted to the City as of the writing of this report.

PUBLIC OUTREACH AND NOTIFICATION
TABLE 1 – PUBLIC NOTIFICATION TABLE
Type of Notice Required Period Actual Period Required Date Actual Date Mailed Notice of Public Hearing N/A N/A N/A N/A
Newspaper Notice1 20 Days 20 Days 8/25/23 8/25/23
Agenda Posting 72 Hours 7 Days 9/15/23 9/15/23
Website 72 Hours 7 Days 9/15/23 9/15/23
1The item was noticed in the August 25, 2023, edition of the Beverly Hills Courier and the August, 2023 edition of the Beverly Hills Weekly and the Beverly Press.

Public Comment
Staff received two public comments submitted to the Planning Commission for their meeting of August 10, 2023. The comments expressed concern that the proposed regulations in the draft ordinance were too restrictive, and are included as Attachment 3.

Meeting Date: September 19, 2023

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GENERAL PLAN CONSISTENCY
The proposed regulations in the draft ordinance are consistent with the objectives, principles, and standards of the General Plan because they further the goals and policies to preserve neighborhood characteristics, and, maintains the scale and built environment of single-family residential neighborhoods. The General Plan goals and policies with which the ordinance are consistent are described further below:

Land Use Element
• Land Use (LU) Goal 2 - Community Character and Quality.

A built environment that is distinguished by its high level of site planning, architecture, landscape design, and sensitivity to its natural setting and history.
• LU Policy 2.1 - City Places: Neighborhoods, Districts, and Corridors.

Maintain and enhance the character, distribution, built form, scale, and aesthetic qualities of the City’s distinctive residential neighborhoods, business districts, corridors, and open spaces.
• LU Policy 5.1 - Neighborhood Conservation.

Maintain the uses, densities, character, amenities, and quality of the City’s residential neighborhoods, recognizing their contribution to the City’s identity, economic value, and quality of life.
• LU Policy 5.7 - Neighborhood Transitions.

Regulate the setback, rear elevation design of buildings, and landscaping of backyards where neighborhoods of differing housing type and density abut to assure smooth transitions in scale, form, and character. • LU Goal 6 - Single-Family Residential Neighborhoods.

Maintenance of the identity, scale, and character of the distinct single-family residential neighborhoods.
• LU Policy 6.1 - Neighborhood Identity
Maintain the characteristics that distinguish the City’s single-family neighborhoods from one another in such terms as topography, lot size, housing scale and form, and public streetscapes.
• LU Policy 6.2 - Housing Character and Design
Require that new, renovated, and additions to housing to be located and designed to maintain the distinguishing characteristics and qualities of the neighborhoods in which they are located, including prevailing lot sizes, building form, scale, massing, relationship to street frontages, architectural design, landscaping, property setbacks, and other comparable elements.

ENVIRONMENTAL ASSESSMENT
This project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The ordinance is not considered a project under CEQA pursuant to Government Code Sections 65852.21(j) and 66411.7(n) which provide that ordinances that implement Government Code Sections 65852.21 and 66411.7, respectively, shall not be considered projects under CEQA. Staff recommends Meeting Date: September 19, 2023

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that the City Council consider finding the project exempt from CEQA for the reasons set forth above.

FISCAL IMPACT
There is no anticipated direct fiscal impact related to the adoption of this ordinance. In the event that an SB 9 project is submitted to the City for review, the fees for plan check review and permitting would be applied to issue the ministerial permit, as set forth in the Comprehensive Schedule of Taxes, Fees, and Charges for Fiscal Year 2023-2024.

Ryan Gohlich, AICP,
Assistant City Manager,
Interim Director of Community Development
Approved By
Attachment 1
Draft Ordinance
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ORDINANCE NO. 23-O-____

AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING

THE BEVERLY HILLS MUNICIPAL CODE TO ADOPT OBJECTIVE

STANDARDS FOR HOUSING DEVELOPMENTS WITH NO MORE

THAN TWO PRIMARY UNITS AND URBAN LOT SPLIT PARCEL

MAPS IN SINGLE-FAMILY RESIDENTIAL ZONES PURSUANT TO
GOVERNMENT CODE SECTIONS 65852.21 AND 66411.7 (SENATE
BILL 9, 2021), AND MAKING A DETERMINATION OF EXEMPTION

UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA)
THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS DOES ORDAIN AS FOLLOWS:

Section 1. During the 2021 legislative session, the California Legislature passed, and the Governor signed Senate Bill 9 (SB 9), which requires local agencies to ministerially approve urban lot splits and development to two residential units per single family residential lots provided the projects meet certain criteria. SB 9 became effective on January 1, 2022.

The standards apply to the ministerial review and approval of a two-lot subdivision (“urban lot split”) and/or development projects with up to two units per lot in single-family residential zones constructed pursuant to SB 9 regulations. The interim ordinance adopted on December 7, 2021 took effect immediately, and was in effect for an initial 45-day period ending on January 21, 2022.

This interim ordinance was subsequently extended for an additional ten (10) month and fifteen (15) day period through the adoption of Ordinance No. 21-O-2856, and for an additional one-year period through the adoption of Ordinance No. 22-O-2869. The interim ordinance will expire on December 6, 2023, and this ordinance enacts permanent regulations. -2- B0785-0009\2864142v1.doc
Section 3. On August 10, 2023, the Planning Commission held a duly noticed public hearing to discuss the draft ordinance to create permanent objective standards for urban lot split / SB 9 projects, after which it adopted Resolution No. 2034 recommending that the City Council amend the Beverly Hills Municipal Code to adopt the permanent regulations (collectively, the “Amendments”). On September 19, 2023, the City Council held a duly noticed public hearing, received public testimony, and thereafter introduced this Ordinance.

Section 4. This Ordinance and the Amendments were assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The City Council finds the ordinance is not considered a project under CEQA pursuant to Government Code Sections 65852.21(j) and 66411.7(n) which provide that ordinances that implement Government Code Sections 65852.21 and 66411.7, respectively, shall not be considered projects under CEQA.

Therefore, this ordinance is statutorily exempt from CEQA.

Section 5. The Amendments are consistent with the objectives, principles, and standards of the General Plan. General Plan Land Use (LU) Goal 12 – Community Character and Quality calls for a built environment that is distinguished by its high level of site planning, architecture, landscape design, and sensitivity to its natural setting and history Similarly, General Plan LU Policy 2.1 – City Places: Neighborhoods, Districts, and Corridors encourages the maintenance of qualities that distinguish the City’s unique residential and business areas, including aesthetics of the built form and scale of residential neighborhoods. General Plan LU Policy 5.1 - Neighborhood Conservation calls for the maintenance of the uses, densities, character, amenities, and quality of the City’s residential neighborhoods, recognizing their contribution to the City’s identity, economic value, and quality of life. General Plan LU Policy 5.7 - Neighborhood -3- B0785-0009\2864142v1.doc
Transitions calls for the regulation of the setback, rear elevation design of buildings, and landscaping of backyards where neighborhoods of differing housing type and density abut to assure smooth transitions in scale, form, and character. General Plan LU Goal 6 - Single-Family Residential Neighborhoods calls for the maintenance of the identity, scale, and character of the distinct single-family residential neighborhoods. General Plan LU Policy 6.1- Neighborhood Identity calls for the maintenance of characteristics that distinguish the City’s single-family neighborhoods from one another in such terms as topography, lot size, housing scale and form, and public streetscapes. Similarly, General Plan LU Policy 6.2 - Housing Character and Design calls for requiring new, renovated, and additions to housing to be located and designed to maintain the distinguishing characteristics and qualities of the neighborhoods in which they are located, including prevailing lot sizes, building form, scale, massing, relationship to street frontages, architectural design, landscaping, property setbacks, and other comparable elements. Amending sections of the Beverly Hills Municipal Code to create objective standards for projects constructed pursuant to SB 9 will help to preserve the scale and character of the residential neighborhoods, as well as the distinct aesthetic of the residential built environment. In addition, the Amendments will further protect the identity of residential neighborhoods by maintaining certain qualities such as the lot size, housing form, and public streetscapes. For the foregoing reasons, the public interest, health, safety, morals, peace, comfort, convenience, or general welfare requires the code amendments. Further, the Amendments are consistent with the objectives, principles, and standards of the General Plan as set forth above.

Section 6. The City Council rescinds Article 49 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code, as enacted by Ordinance No. 21-O-2853, and extended by Ordinances Nos. 21-O-2856 and 21-O-2869, as of the time that this Ordinance takes effect. -4- B0785-0009\2864142v1.doc
Section 7. The City Council hereby adopts a new Article 49 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code, to read as follows:
“ARTICLE 49. OBJECTIVE STANDARDS FOR HOUSING PROJECTS AND URBAN

LOT SPLITS IN SINGLE-FAMILY RESIDENTIAL ZONES PURSUANT TO SENATE BILL 9.
10-3-4900: PURPOSE:

The provisions of this article establish standards and procedures for projects developed pursuant to the regulations included in state Senate Bill 9 (SB 9), under the authority of Government Code Sections 65852.21 and 66411.7 including two housing units constructed on a single-family residential lot and two-lot subdivisions (urban lot split) projects, respectively.
10-3-4901: DEFINTIONS:

For the purposes of this article, certain words and phrases used in this article are defined as follows:

FRONT LOT: When an urban lot split creates two lots where there was previously one lot, the lot with the most frontage on the primary street shall be considered the front lot.

REAR LOT: When an urban lot split creates two lots where there was previously one lot, the lot with the least frontage on the primary street shall be considered the rear lot.

REAR LOT FRONT
SETBACK:

The distance between the front lot line and closest element of a building or structure on the site area of a rear lot created by an urban lot split. The front lot line of such rear -5- B0785-0009\2864142v1.doc
lot may also be the rear lot line of the front lot, and shall be the lot line closest to, and parallel to the primary street.

SENATE BILL 9 OR SB 9: Senate Bill 9 or SB 9 means the state law passed by the California state senate and approved by the Governor on September 16, 2021. As applicable in this Article, the bill enacted Government Code sections 65852.21 and
66411.7, and became effective on January 1, 2022.

URBAN LOT SPLIT: A parcel map subdivision of a single family residential parcel as permitted pursuant to SB 9 that creates no more than two parcels of approximately equal lot area.
10-3-4902: APPLICABILITY:

Notwithstanding any other provision of this Chapter and Chapter 2 of Title 10, the provisions of this Article shall apply to residential projects and urban lot splits that are proposed pursuant to the regulations in SB 9. Except as expressly provided in SB 9 or in this Article, all other regulations of the underlying zone of a property developed pursuant to SB 9 shall apply, along with all other applicable regulations from Chapter 2 of Title 10 as related to any urban lot split.
10-3-4903: GENERAL REQUIREMENTS; COVENANT REQUIRED:

A property owner seeking to complete an urban lot split, or develop up to two units on a single-family residential property pursuant to the regulations set forth in SB 9 and the standards in this article, shall be subject to the following general requirements, which shall be accepted and acknowledged by the property owner by signing and recording a covenant against the property. The covenant shall be supplied by the City and provide as follows:
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A. The short term rental (defined as a “single-family transient use” in section 10-3- 100 of this chapter) of any units and Accessory Dwelling Units (ADUs) on the site shall be prohibited;
B. Non-residential uses on the site shall be prohibited; C. Any subsequent urban lot split of land that was previously subdivided with an urban lot split shall be prohibited;
D. The owner of the property for which an urban lot split is proposed shall sign an affidavit stating that the owner intends to occupy one of the housing units as their principal residence for at least three years from the date of the approval of the urban lot split; and
E. If an inclusionary housing unit is required pursuant to article 48 of this chapter, upon request from the City, the property owner shall furnish a copy of the rental or lease agreement of any unit that is rented or leased and has resulted from an SB 9 project.
10-3-4904: URBAN LOT SPLIT REGULATIONS:

Upon approval of a tentative parcel map or parcel map, a single-family residential lot may be subdivided into two lots, also referred to as an urban lot split, pursuant to the regulations contained in SB 9 as follows:

A. No lot resulting from an urban lot split shall be smaller than 1,200 square feet. -7- B0785-0009\2864142v1.doc
B. The two resulting lots shall be approximately equal, and no smaller than 48% or larger than 52% of the lot area of the original parcel.

C. No flag lots shall be created as a result of an urban lot split if the subject property is adjacent to an alley, located on a corner, or on a through lot.

D. The width of any lot resulting from an urban lot split shall not be less than 75% of the original lot width.

E. No right-of-way dedications shall be imposed upon urban lot split projects. 10-3-4905: MAXIMUM NUMBER OF UNITS:

A. For projects that include an urban lot split, no more than two units may be located on a site. The units must conform to the objective standards included in this article.

B. For projects that do not include an urban lot split, no more than four units (including one ADU, and one Junior ADU) may be located on a site. The units must conform to the objective standards included in this article and as otherwise regulated by ADU or Junior ADU regulations.
10-3-4906: MAXIMUM UNIT SIZE:

The maximum allowable floor area for a unit constructed pursuant to SB 9 regulations is 800 square feet.
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10-3-4907: MAXIMUM UNIT HEIGHT:

No unit constructed pursuant to SB 9 regulations shall exceed fourteen feet (14') and one story in height.
10-3-4908: SETBACKS:

A. Side and rear setbacks. Any units constructed pursuant to the provisions of SB 9 shall have a minimum four-foot setback from all side and rear lot lines.

B. Front setbacks for front lots shall be the setback as established in the records for each site area maintained by the City's Community Development Department, unless that setback is not established in the city's records, or it is zero. If the front setback for a particular site area is zero or is not established in the City's records, then the front setback for that site area shall be determined as follows:

1. For developed site areas, the front setback shall be the lesser of either:
a. The distance between the front lot line and the closest element of the existing primary residence; or
b. The average of the front setbacks of the other site areas on the same side of the street in the same block.

2. For undeveloped lots, the front setback shall be the average of the front setbacks of the other site areas on the same side of the street in the same block.
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C. Front setbacks for rear lots. The rear lot front setback shall be ten feet. The front lot line shall be the lot line closest to, and parallel to the primary street.

D. Setbacks for existing structures. No setbacks shall be required if a unit is constructed within the footprint of an existing structure on a lot. 10-3-4909: MINIMUM WIDTH OF BUILDING:

The front most unit constructed on a site with street frontage shall have a minimum unit width of 40 feet or 75% of the lot width, whichever is less. 10-3-4910: DESIGN OF UNIT:

A. The front most unit constructed on a front lot shall have a front door facing the street.

B. Each unit on each lot created by an urban lot split shall have a separate entrance.

C. Any unit other than front most unit, or the front most unit on the front lot, shall be completely screened by either: 1) other unit(s) on the lot; or 2) landscaping. 10-3-4911: PARKING:

A. Parking required: One parking space is required for each unit created pursuant to SB 9, unless the parcel upon which the unit is created is within one-half mile of a high-quality transit corridor or a major transit stop or there is a car share vehicle located within one block of the project.
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B. Parking location restrictions:

1. Parking shall not be provided within a front setback.

2. Rear lot parking shall be accessed via an alley, if there is an alley adjacent to the site.
10-3-4912: AFFORDABLE RENTAL RATE REQUIRED:

Any projects constructed pursuant to SB 9 shall comply with inclusionary housing requirements as enumerated in article 48 of this chapter. 10-3-4913: ADDITIONAL STANDARDS FOR HILLSIDE AND TROUSDALE:

In addition to the objective standards outlined in this article, the following regulations shall apply to any SB 9 projects that are developed in the Hillside or Trousdale Estates area of the City.

A. No level pad area may be created for purpose of constructing units.

B. No units, or part of units, may be constructed off of the existing level pad area on any site.

C. Lots created from an urban lot split shall conform to the regulations provided in this article, unless there is no alley access, or the lot is not a through lot or a corner lot, in which case, the rear lot shall comply with the definition of a flag lot in this chapter and access to the rear lot shall be provided.
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10-3-4914: ADVERSE IMPACT FINDINGS:

The building official, or his or her designee, may make a written finding to deny an urban lot split or the construction of units pursuant to SB 9. Such findings shall be based upon the preponderance of evidence that the proposed housing development project would have a specific, adverse impact (as defined in paragraph (2) of subdivision (d) of Government Code Section 65589.5) upon the public health and safety or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.”
Section 8. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this Ordinance shall be and remain in full force and effect.

Section 9. Publication. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage in accordance with Section 36933 of the Government Code, shall certify to the adoption of this Ordinance, and shall cause this Ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City. //
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Section 10. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.

Adopted:

Effective:

JULIAN A. GOLD, M.D.

Mayor of the City of Beverly Hills,
California
ATTEST:
_________________________(SEAL)

HUMA AHMED
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
___________________________ _____________________________ LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager
Attachment 2
Planning Commission Resolution No.
2034
1 RESOLUTION NO. 2034

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF BEVERLY HILLS RECOMMENDING THAT THE

CITY COUNCIL ADOPT AN ORDINANCE AMENDING THE

BEVERLY HILLS MUNICIPAL CODE REGULATIONS TO

PROVIDE OBJECTIVE STANDARDS FOR HOUSING

DEVELOPMENTS WITH NO MORE THAN TWO PRIMARY
UNITS AND URBAN LOT SPLIT PARCEL MAPS IN SINGLEFAMILY RESIDENTIAL ZONES PURSUANT TO GOVERNMENT CODE SECTIONS 65852.21 AND 66411.7
(SENATE BILL 9, 2021)
The Planning Commission of the City of Beverly Hills hereby finds, resolves, and determines as follows:

Section 1. At its December 7, 2021 regular meeting, the City Council voted to adopt Interim Ordinance No. 21-O-2853 to create objective standards for SB 9 residential development projects. The standards apply to the ministerial review and approval of a two-lot subdivision -family
residential zones constructed pursuant to SB 9 regulations. The interim ordinance adopted on December 7, 2021 took effect immediately, and was in effect for an initial 45-day period ending on January 21, 2022. The interim ordinance adopted on December 7, 2021 took effect immediately, and is in effect for an initial 45-day period ending on January 21, 2022. This interim ordinance was subsequently extended for an additional ten (10) month and fifteen (15) day period through the adoption of Ordinance No. 21-O-2856, and for an additional one-year period through the adoption of Ordinance No. 22-O-2869. The interim ordinance will expire on December 6, 2023, and the City staff have developed a draft ordinance to implement these regulations on a permanent basis.
2 Section 2. The Planning Commission has considered the proposed Amendments to the City of Beverly Hills Municipal Code pertaining to permanent regulations for urban lot split and SB 9 projects . The Planning
Commission conducted a duly noticed public hearing on August 10, 2023, at which times it received oral and documentary evidence relative to the proposed Amendments. The Planning Commission recommended changes to the Amendments language, which were to change the inclusionary housing requirement to be consistent with the requirement in section 10-3-4803 of Title 10, Chapter 3, and to exempt basement floor area from the maximum floor area limitation applicable to SB 9 projects. The recommended changes have been incorporated into the draft ordinance in Exhibit A.

Section 3. The Amendments were assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The Planning Commission recommends that the City Council find that the ordinance is not considered a project under CEQA pursuant to Government Code Sections 65852.21(j) and 66411.7(n) which provide that ordinances that implement Government Code Sections 65852.21 and 66411.7, respectively, shall not be considered projects under CEQA. Thus the Amendments are statutorily exempt from any further CEQA review.

Section 4. The Planning Commission finds that the proposed Amendments are required because of the benefit to the public interest, health, safety, morals, peace, comfort, convenience, or general welfare, and that such Amendments are consistent with the general objectives, principles, and standards of the General Plan. 3 Section 5. The Amendments are consistent with the objectives, principles, and standards of the General Plan. General Plan Land Use (LU) Goal 12 Community Character and Quality calls for a built environment that is distinguished by its high level of site planning, architecture, landscape design, and sensitivity to its natural setting and history Similarly, General Plan LU Policy 2.1 City Places: Neighborhoods, Districts, and Corridors encourages the maintenance of qualities that distinguish the City
aesthetics of the built form and scale of residential neighborhoods. General Plan LU Policy 5.1 - Neighborhood Conservation calls for the maintenance of the uses, densities, character, amenities, and qual
identity, economic value, and quality of life. General Plan LU Policy 5.7 - Neighborhood Transitions calls for the regulation of the setback, rear elevation design of buildings, and landscaping of backyards where neighborhoods of differing housing type and density abut to assure smooth transitions in scale, form, and character. General Plan LU Goal 6 - Single-Family Residential Neighborhoods calls for the maintenance of the identity, scale, and character of the distinct single-family residential neighborhoods. General Plan LU Policy 6.1- Neighborhood -family
neighborhoods from one another in such terms as topography, lot size, housing scale and form, and public streetscapes. Similarly, General Plan LU Policy 6.2 - Housing Character and Design calls for requiring new, renovated, and additions to housing to be located and designed to maintain the distinguishing characteristics and qualities of the neighborhoods in which they are located, including prevailing lot sizes, building form, scale, massing, relationship to street frontages, architectural design, landscaping, property setbacks, and other comparable elements. Amending sections of the Beverly Hills Municipal Code to create objective standards for projects constructed 4 pursuant to SB 9 will help to preserve the scale and character of the residential neighborhoods, as well as the distinct aesthetic of the residential built environment. In addition, the Amendments will further protect the identity of residential neighborhoods by maintaining certain qualities such as the lot size, housing form, and public streetscapes. For the foregoing reasons, the public interest, health, safety, morals, peace, comfort, convenience, or general welfare requires the code amendments. Further, the Amendments are consistent with the objectives, principles, and standards of the General Plan as set forth above.

Section 6. The Planning Commission does hereby recommend to the City Council the adoption of an ordinance as amended approving and enacting the proposed Amendments substantially as set forth in Exhibit A, which is attached hereto and incorporated herein by reference.
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5 Section 7. The Secretary of the Planning Commission shall certify to the passage, approval, and adoption of this resolution, and shall cause this resolution and his/her Certification to be entered in the Book of Resolutions of the Planning Commission of the City.

Adopted: August 10, 2023
Gary B. Ross
Chair of the Planning Commission of the
City of Beverly Hills
Attest:

Masa Alkire, AICP
Secretary of the Planning Commission
Approved as to form: Approved as to content:

David M. Snow Masa Alkire, AICP
Assistant City Attorney City Planner
Community Development Department
EXHIBIT A: Draft Ordinance

6 EXHIBIT A
[DRAFT] ORDINANCE NO. 23-O-____

AN ORDINANCE OF THE CITY OF BEVERLY HILLS

AMENDING THE BEVERLY HILLS MUNICIPAL CODE TO

ADOPT OBJECTIVE STANDARDS FOR HOUSING

OF EXEMPTION UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA)
THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS DOES ORDAIN AS FOLLOWS:

Section 2. At its December 7, 2021 regular meeting, the City Council voted to adopt Interim Ordinance No. 21-O-2853 to create objective standards for Senate Bill (SB) 9 residential development projects . The standards apply to the ministerial review and approval of a two- -family residential zones
constructed pursuant to SB 9 regulations. The interim ordinance adopted on December 7, 2021 took effect immediately, and was in effect for an initial 45-day period ending on January 21, 2022.

Section 3. On August 10, 2023, the Planning Commission held a duly noticed public hearing to discuss the draft ordinance to create permanent objective standards for urban lot split / SB 9 projects, after which it adopted Resolution No. 2034 recommending that the City Council amend the Beverly Hills Municipal Code to adopt the permanent regulations (collectively, the On ___________, 2023, the City Council held a duly noticed public hearing, received public testimony, and thereafter introduced this Ordinance.

Therefore, this ordinance is statutorily exempt from CEQA.

Section 5. The Amendments are consistent with the objectives, principles, and standards of the General Plan. General Plan Land Use (LU) Goal 12 Community Character and Quality calls for a built environment that is distinguished by its high level of site planning, architecture, landscape design, and sensitivity to its natural setting and history Similarly, General Plan LU Policy 2.1 City Places: Neighborhoods, Districts, and Corridors encourages the aesthetics of the built form and scale of residential neighborhoods. General Plan LU Policy 5.1 - Neighborhood Conservation calls for the maintenance of the uses, densities, character, amenities, identity, economic value, and quality of life. General Plan LU Policy 5.7 - Neighborhood Transitions calls for the regulation of the setback, rear elevation design of buildings, and landscaping of backyards where neighborhoods of differing housing type and density abut to assure smooth transitions in scale, form, and character. General Plan LU Goal 6 - Single-Family Residential Neighborhoods calls for the maintenance of the identity, scale, and character of the distinct single-family residential neighborhoods. General Plan LU Policy 6.1- Neighborhood -family
neighborhoods from one another in such terms as topography, lot size, housing scale and form, and public streetscapes. Similarly, General Plan LU Policy 6.2 - Housing Character and Design calls for requiring new, renovated, and additions to housing to be located and designed to maintain the distinguishing characteristics and qualities of the neighborhoods in which they are located, including prevailing lot sizes, building form, scale, massing, relationship to street frontages, architectural design, landscaping, property setbacks, and other comparable elements. Amending sections of the Beverly Hills Municipal Code to create objective standards for projects constructed pursuant to SB 9 will help to preserve the scale and character of the residential neighborhoods, as well as the distinct aesthetic of the residential built environment. In addition, the Amendments will further protect the identity of residential neighborhoods by maintaining certain qualities such as the lot size, housing form, and public streetscapes. For the foregoing reasons, the public interest, health, safety, morals, peace, comfort, convenience, or general welfare requires the code amendments. Further, the Amendments are consistent with the objectives, principles, and standards of the General Plan as set forth above.

Section 7. The City Council hereby adopts a new Article 49 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code, to read as follows:

ARTICLE 49. OBJECTIVE STANDARDS FOR HOUSING PROJECTS AND URBAN

LOT SPLITS IN SINGLE-FAMILY RESIDENTIAL ZONES PURSUANT TO SENATE BILL 9.
10-3-4900: PURPOSE:

For the purposes of this article, certain words and phrases used in this article are defined as follows:

FRONT LOT: When an urban lot split creates two lots where there was previously one lot, the lot with the most frontage on the primary street shall be considered the front lot.

REAR LOT: When an urban lot split creates two lots where there was previously one lot, the lot with the least frontage on the primary street shall be considered the rear lot.

REAR LOT FRONT
SETBACK:

The distance between the front lot line and closest element of a building or structure on the site area of a rear lot created by an urban lot split. The front lot line of such rear lot may also be the rear lot line of the front lot, and shall be the lot line closest to, and parallel to the primary street.

A. - -3-
100 of this chapter) of any units and Accessory Dwelling Units (ADUs) on the site shall be prohibited;
B. Non-residential uses on the site shall be prohibited; C. Any subsequent urban lot split of land that was previously subdivided with an urban lot split shall be prohibited;
D. The owner of the property for which an urban lot split is proposed shall sign an affidavit stating that the owner intends to occupy one of the housing units as their principal residence for at least three years from the date of the approval of the urban lot split; and
E. If an inclusionary housing unit is required pursuant to article 48 of this chapter, upon request from the City, the property owner shall furnish a copy of the rental or lease agreement of any unit that is rented or leased and has resulted from an SB 9 project.
10-3-4904: URBAN LOT SPLIT REGULATIONS:

A. No lot resulting from an urban lot split shall be smaller than 1,200 square feet.

B. The two resulting lots shall be approximately equal, and no smaller than 48% or larger than 52% of the lot area of the original parcel.

C. No flag lots shall be created as a result of an urban lot split if the subject property is adjacent to an alley, located on a corner, or on a through lot.

D. The width of any lot resulting from an urban lot split shall not be less than 75% of the original lot width.

E. No right-of-way dedications shall be imposed upon urban lot split projects. 10-3-4905: MAXIMUM NUMBER OF UNITS:

A. For projects that include an urban lot split, no more than two units may be located on a site. The units must conform to the objective standards included in this article.

No unit constructed pursuant to SB 9 regulations shall be more than 800 square feet in size.
10-3-4907: MAXIMUM UNIT HEIGHT:

No unit constructed pursuant to SB 9 regulations shall exceed fourteen feet (14') and one story in height.
10-3-4908: SETBACKS:

A. Side and rear setbacks. Any units constructed pursuant to the provisions of SB 9 shall have a minimum four-foot setback from all side and rear lot lines.

2. For undeveloped lots, the front setback shall be the average of the front setbacks of the other site areas on the same side of the street in the same block.

C. Front setbacks for rear lots. The rear lot front setback shall be ten feet. The front lot line shall be the lot line closest to, and parallel to the primary street.

D. Setbacks for existing structures. No setbacks shall be required if a unit is constructed within the footprint of an existing structure on a lot. 10-3-4909: MINIMUM WIDTH OF BUILDING:

The front most unit constructed on a site with street frontage shall have a minimum unit width of 40 feet or 75% of the lot width, whichever is less. 10-3-4910: DESIGN OF UNIT:

A. The front most unit constructed on a front lot shall have a front door facing the street.

B. Each unit on each lot created by an urban lot split shall have a separate entrance.

C. Any unit other than front most unit, or the front most unit on the front lot, shall be completely screened by either: 1) other unit(s) on the lot; or 2) landscaping. 10-3-4911: PARKING:

B. Parking location restrictions:

1. Parking shall not be provided within a front setback.

2. Rear lot parking shall be accessed via an alley, if there is an alley adjacent to the site.
10-3-4912: AFFORDABLE RENTAL RATE REQUIRED:

Any projects constructed pursuant to SB 9 shall comply with inclusionary housing requirements as enumerated in article 48 of this chapter. 10-3-4913: ADDITIONAL STANDARDS FOR HILLSIDE AND TROUSDALE:

In addition to the objective standards outlined in this article, the following regulations shall apply to any SB 9 projects that are developed in the Hillside or Trousdale Estates area of the City.

A. No level pad area may be created for purpose of constructing units.

B. No units, or part of units, may be constructed off of the existing level pad area on any site.

Section 8. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this Ordinance shall be and remain in full force and effect.

Section 9. Publication. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage in accordance with Section 36933 of the Government Code, shall certify to the adoption of this Ordinance, and shall cause this Ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City. //
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Section 10. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.

Adopted:

Effective:

JULIAN A. GOLD, M.D.

Mayor of the City of Beverly Hills,
California
ATTEST:
_________________________(SEAL)

HUMA AHMED
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT: ___________________________ _____________________________ LAURENCE S. WIENER NANCY HUNT-COFFEY City Attorney City Manager

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.

CITY OF BEVERLY HILLS )
I, KAREN MYRON, Recording Secretary of the Planning Commission of the City of Beverly Hills, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. 2034 duly passed, approved and adopted by the Planning Commission of said City at a meeting of said Commission on August 10, 2023, and thereafter duly signed by the Secretary of the Planning Commission, as indicated; and that the Planning Commission of the City consists of five (5) members and said Resolution was passed by the following vote of said Commission, to wit:

AYES: Commissioners Demeter, Ostroff, Vice Chair Kaplan, Chair Ross NOES: Commissioner Wolfe
ABSTAIN: None
ABSENT: None
________________________________

KAREN MYRON
Recording Secretary of the
Planning Commission
City of Beverly Hills, California

Attachment 3
Public Correspondence
8/9/23, 3:04 PM PC Agenda Item 3 tomorrow - Chloe Chen - Outlook about:blank 1/2
PC Agenda Item 3 tomorrow
Lee Pasternak >
Wed 8/9/2023 1:42 PM
To:CommentPC <[email protected]>
Cc:Chloe Chen <[email protected]>
CAUTION: External Sender
Use caution when clicking links or opening attachments
Please read the following message at the Planning Commission meeting. It is to be meant to be read prior to the e-mail message from Darian Bojeaux which will be e-mailed next.

Our city officials have repeatedly misrepresented to residents as well as to the California Department of Housing and Community Development (HCD) within our city's housing element plan, that the city will make it easier for residents to build Accessory Dwelling Units (ADU’s). However, instead, the city sets a meeting about every 6 to 12 months during which officials act like they want public input so they can formulate new regulations to make it easier for residents to build ADU’s. Then they claim that they will draft something up in accordance with the feedback they received. Then they do nothing. This has been the city’s pattern for the last 3 years.

We have been waiting to build a guest house over our garage, but given our city’s deceptive antics, we figured we would just wait and build it under Senate Bill 9 (SB 9).

SB 9 is intended to allow residents to split their lots and have up to four dwelling units on the original lot, up to two on each split lot. We are not really in favor of SB 9 and its ramifications, but we thought we would at least be able to have our main house and build a guest house over our garage.

But now the planning commission is attempting to limit the parameters for any SB 9 project so severely that no one can build anything under SB 9 project. Consequently, not only should our city again be denied approval of its housing element plan, but our city should be sued by residents due to the city’s very obvious plan to thwart the application and violate the legislative intent of SB 9.

We would not be complaining if city officials had honored their numerous promises to make it easier for residents to build ADU’s. Meanwhile and conversely, the planning commissioner chairman has advertised that the planning commission considers itself a “partner” with developers on developers' projects.

The obvious giveaways of the city’s intentions are set forth in the following e-mail message authored by Darian Bojeaux.
8/9/23, 3:04 PM PC Agenda Item 3 tomorrow - Chloe Chen - Outlook about:blank 2/2
Lee Pasternak
Beverly Hills
8/9/23, 3:03 PM Agenda Item 3 on Thursday - Chloe Chen - Outlook about:blank 1/2
Agenda Item 3 on Thursday
Darian Bojeaux
Wed 8/9/2023 1:47 PM
To:CommentPC <[email protected]>
Cc:Chloe Chen <[email protected]>
CAUTION: External Sender
Use caution when clicking links or opening attachments
________________________________
Please read the following e-mail message following the reading of Lee Pasternak’s e-mail message.

Thank you.

Darian
Our planning commission's task is to apply our city’s standards to Senate Bill 9 (SB 9) building projects.

However, instead, the planning commission has created such severe restrictions that no one will be able to build a project under Senate Bill 9 (SB 9). For instance:

1. The planning commission is requiring the lot split to be 48/52 to 50/50. It is ridiculous to limit an existing home to only half the lot, especially when the planning commission is also limiting a new unit to only 800 square feet.

2. A limitation of 800 square feet per dwelling on a partitioned lot is also ridiculous and does not meet our city’s standards. Our homes are much larger than 800 square feet.

3. The planning commission wants to limit the height of dwellings to 14’ which prevents residents from building a dwelling over a garage to preserve parking. And the standard height limit for our homes is not one story—it is two stories.

4. The planning commission wants to prevent any parking within the front setback. That surely isn’t our standard since we most often have front yard parking for up to 2 cars. And certainly the more units there are on a property, the more parking is needed. So requiring a one story dwelling to take away garage space, and not allowing parking in front prevents adequate parking so that a sensible project cannot be built.

5. Should any resident build two units on a lot split instead of one, the second one must be affordable. With up to four units per subdivided lot, the planning commission is requiring 25% to 50% affordability which is a much greater affordability requirement than the 10% required of developers of large projects.

The planning department has already made a mess of housing element compliance attempts, and these cute little antics will only create a greater mess when they are brought to the HCD’s attention. 8/9/23, 3:03 PM Agenda Item 3 on Thursday - Chloe Chen - Outlook about:blank 2/2
Darian Bojeaux
Attachment 4
Interim Ordinance No. 21-O-2853
ORDINANCE NO. 21-0- 2853

AN INTERIM ORDINANCE OF THE CITY OF BEVERLY

HILLS TO PROVIDE OBJECTIVE STANDARDS FOR
SENATE BILL 9 PROJECTS IN SINGLE-FAMILY

RESIDENTIAL ZONES, AND DECLARING THE URGENCY

THEREOF

THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY ORDAINS AS FOLLOWS:

Section 1. Legislative Findings.
(1) During the 2021 legislative session, the California Legislature passed, and the Governor signed Senate Bill 9 (SB 9), which requires local agencies to ministerially approve urban lot splits and development to two residential units per single family residential lots provided the projects meet certain criteria. SB 9 will become effective on January 1, 2022. (2) SB 9 projects will have the potential to significantly impact the character of the City's well established single family neighborhoods,
(3) The City intends to study and formulate pemianent regulations for the implementation of SB 9 projects in the City, but will not be able to complete that exercise prior to January 1,2022, when SB 9 will become effective. Thus, the City Council wishes to adopt an interim ordinance that will take effect immediately and preserve limits on development and rental rates for units constructed under SB 9 while permanent standards are studied and formulated. (4) SB 9 projects have the potential to impact the health, safety, and welfare of residents in the City, and particularly on the character of single family residential neighborhoods, the garden quality of the City, vehicular and pedestrian safety, on-street parking demand and impacts, and -1-
B0785-0009\2599756v3 .doc
housing affordability. As such, the City of Beverly Hills City Council finds that there is an immediate need to establish objective zoning and subdivision standards for SB 9 projects in order to protect the public health, safety, and welfare while it studies permanent land use regulations for such projects and to ensure SB 9 does not have a detrimental impact on single family residential neighborhoods within the City. This process may be lengthy and therefore the City Council wishes to adopt an interim ordinance that will take effect immediately to ensure that the health, safety and welfare is not impacted by SB 9 projects.
(5) The California Legislature has declared a statewide housing emergency, to be in effect until January 1, 2025.
(6) California is experiencing a housing supply crisis, with housing demand far outstripping supply. In 2018, California ranked 49th out of the 50 states in housing units per capita. Seven of the 10 most expensive real estate markets in the United States are in California, and Beverly Hills real estate market remains very expensive within the region. (7) The housing crisis has particularly exacerbated the need for affordable homes at prices below market rates, and for the cuiTent 2021-2029 planning period, the City must accommodate the development of 1,005 residential units affordable to very low income households, and 678 units affordable to low income households.
(8) To address these issues of affordability in Beverly Hills, it is necessary for the City to limit the size of units developed pursuant to SB 9 and to require that some units be affordable to low income families, as an interim measure to ensure that SB 9 developments do not conflict with forthcoming permanent regulations.
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Section 2. Authority.

Pursuant to Government Code Section 65858, the City Council may adopt, as an urgency measure, an interim ordinance that prohibits certain developments that may be in conflict with a contemplated zoning proposal that the City Council is considering, studying or intends to study within a reasonable period of time.

Section 3. Urgency Findings.

The City Council finds and determines that there is an immediate threat to the public health, safety, or welfare and that urban lot splits and additional unit development pursuant to SB 9 that does not conform with the certain objective standards established by the City constitutes a threat to the public health, safety, or welfare, as described in Section 1, above.

The City Council finds and determines that there is the potential for an immediate threat to the public health, safety, or welfare in the event of a proliferation of SB 9 projects without local regulatory standards.

Section 4. Prohibition on SB 9 Projects that Fail to Comply.

Notwithstanding any other ordinance or provision of the Beverly Hills Municipal Code, residential development projects and urban lot splits proposed pursuant to Senate Bill 9, are prohibited unless the project complies with the following requirements, which although interim, shall be codified as a new Article 49 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code as follows:
"ARTICLE 49. Objective Standards for Housing Projects and Urban Lot Splits in Single Family Residential Zones Pursuant to Senate Bill 9.
10-3-4900: Purpose.

B0785-0009\2599756v3.doc
The provisions of this interim article establish standards and procedures for projects developed pursuant to the regulations included in state Senate Bill 9 (SB 9). 10-3-4901: Definitions.

For the purposes of this article, certain words and phrases used in this article are defined as follows:

Senate Bill 9ovSB9 means the state law passed by the California state senate and approved by the Governor on September 16, 2021. The bill amends Government Code section 66452.6 and adds to sections 65852.21 and 66411.7 of Chapter 162, and takes effect on January 1,2022.

Urban lot split means a parcel map subdivision of a single family residential parcel as permitted pursuant to SB 9 that creates no more than two parcels of approximately equal lot area.

Front lot means when an urban lot split creates two lots where there was previously one lot, the lot with the most frontage on the primary street shall be considered the front lot.

Rear lot means when an urban lot split creates two lots where there was previously one lot, the lot with the least frontage on the primary street shall be considered the rear lot.

Rear lot front setback means the distance between the front lot line and closest element of a building or structure on the site area of a rear lot created by an urban lot split. The front lot line of such rear lot may also be the rear lot line of the front lot, and shall be the lot line closest to, and parallel to the primary street.
10-3-4902: Applicability.

Notwithstanding any other provision of this Chapter and Chapter 2 of Title 10, the provisions of this Article shall apply to residential projects and urban lot splits that are proposed -4-
B0785-0009\2599756v3.doc
pursuant to the regulations in SB 9. Except as expressly provided in SB 9 or in this Article, all other regulations of the underlying zone of a property developed pursuant to SB 9 shall apply, along with all other applicable regulations from Chapter 2 of Title 10 as related to any urban lot split.
10-3-4903: General Requirements; Covenant Required.

A property owner seeking to complete an urban lot split, or develop units on a single-family residential property pursuant to the regulations set forth in SB 9 and the standards in this article, shall be subject to the following general requirements, which shall be accepted and acknowledged by the property owner by signing and recording a covenant against the property. The covenant shall be supplied by the City and provide as follows:

A. The short term rental (defined as a "single-family transient use" in section 10-3-100 of this chapter) of any units and Accessory Dwelling Units (ADUs) on the site shall be prohibited;
B. Non-residential uses on the site shall be prohibited; C. Any subsequent urban lot split of land that was previously subdivided with an urban lot split shall be prohibited;
D. The owner of the property for which an urban lot split is proposed shall sign an affidavit stating that the owner intends to occupy one of the housing units as their principal residence for at least three years from the date of the approval of the urban lot split; and
B0785-0009\2599756v3.doc
E. If, pursuant to SB9, more than one unit is developed on a lot, one of such units shall be rented or leased at a maximum rate affordable to low income tenants, if it is rented. Upon request from the City, the property owner shall furnish a copy of the rental or lease agreement of any unit that is rented or leased and has resulted from an SB 9 project.
10-3-4904; Urban Lot Split Regulations.

A. No lot resulting from an urban lot split shall be smaller than 1,200 square feet.

B. The two resulting lots shall be approximately equal, and no smaller than 48% or larger than 52% of the lot area of the original parcel.

C. No flag lots shall be created as a result of an urban lot split if the subject property is adjacent to an alley, located on a comer, or on a through lot.

D. The width of any lot resulting from an urban lot split shall not be less than 75% of the original lot width.

E. No right-of-way dedications shall be imposed upon urban lot split projects.

B0785-0009\2599756v3.doc
10-3-4905: Maximum Number of Units.

A. For projects that include an urban lot split, no more than two units may be located on a site. The units must conform to the objective standards included in this article.

No unit constructed pursuant to SB 9 regulations shall be more than 800 square feet in size.

For the purposes of this article, basements shall count as floor area. 10-3-4907: Maximum Unit Height.

No unit constructed pursuant to SB 9 regulations shall exceed 14 feet and one story in height.
10-3-4908: Setbacks.

A. Side and rear setbacks. Any units constructed pursuant to the provisions of SB 9 shall have a minimum four foot setback from all side and rear lot lines.

B. Front setbacks for front lots shall be the setback as established in the records for each site area maintained by the City's community development department, unless that setback is not established in the City's records, or it is zero. If the front setback for a particular site area is zero or is not B0785-0009\2599756v3.doc
established in the City's records, then the front setback for that site area shall be determined as follows:

2. For undeveloped lots, the front setback shall be the average of the front setbacks of the other site areas on the same side of the street in the same block.

C. Front setbacks for rear lots. The rear lot front setback shall be ten feet. The front lot line shall be the lot line closest to, and parallel to the primary street.

D. Setbacks for existing structures. No setbacks shall be required if a unit is constructed within the footprint of an existing structure on a lot. 10-3-4909: Minimum Width of Building.

The front most unit constructed on a site with street frontage shall have a minimum unit width of 40 feet or 75% of the lot width, whichever is less. 10-3-4910; Design of Unit.

A. The front most unit constructed on a front lot shall have a front door facing the street.

B0785-0009\2599756v3.doc
B. Each unit on each lot created by an urban lot split shall have a separate entrance.

C. Any unit other than front most unit, or the front most unit on the front lot, shall be completely screened by either: 1) other unit(s) on the lot; or 2) landscaping.
10-3-4911: Parking.

A. Parking required - One parking space is required for each unit created pursuant to SB 9, unless the parcel upon which the unit is created is within one-half mile of a high quality transit corridor or a major transit stop or there is a car share vehicle located within one block of the project.

B. Parking location restrictions -

1. Parking shall not be provided within a front setback.

2. Rear lot parking shall be accessed via an alley, if there is an alley. 10-3-4912: Affordable Rental Rate Required.

If, pursuant to SB9, more than one unit is developed on a single lot, one of such units shall be available at a rental rate affordable to low income tenants if it is rented. Upon request by the City, a property owner shall furnish the rental or lease agreements for any units rented or leased on a parcel that was developed pursuant to the regulations outlined in this article. 10-3-4913: Additional Standards for Hillside and Trousdale.

In addition to the objective standards outlined in this article, the following regulations shall apply to any SB 9 projects that are developed in the Hillside or Trousdale Estates area of the City. -9-
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A. No level pad area may be created for purpose of constructing units.

B. No imits, or part of units, may be constructed off of the existing level pad area on any site.

C. Lots created from an urban lot split shall conform to the regulations provided in this article, unless there is no alley access, or the lot is not a through lot or a comer lot, in which case, the rear lot shall comply with the definition of a flag lot in this chapter and access to the rear lot shall be provided.
10-3-4914: Adverse Impact Findings
The building official, or his or her designee, may make a written finding to deny an urban lot split or the construction of units pursuant to the regulations of SB 9. Such findings shall be based upon the preponderance of evidence that the proposed housing development project would have a specific, adverse impact (as defined in paragraph (2) of subdivision (d) of Government Code Section 65589.5) upon the public health and safety or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact." Section 5. CEOA Findings,
This ordinance shall not be considered a project under the Califomia Environmental Quality Act. Additionally, the City Council hereby finds that it can be seen with certainty that there is no possibility the adoption of this Ordinance will have a significant adverse effect on the environment, given the fact that no specific development is contemplated at this time, and the ordinance is only establishing regulations for future development if proposed pursuant to SB 9. -10-
B0785-0009\2599756v3.doc
Further, development that would be contemplated under this ordinance must be treated ministerially, and any such projects would be statutorily exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3) and 15268 of Title 14 of the California Code of Regulations, as separate and independent bases for exemption.

Section 6. Severabilitv,
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this Ordinance shall be and remain in full force and effect.

Section 7. Adoption, Approval and Extension of Ordinance.

This Ordinance, being an Interim Ordinance adopted as an urgency measure for the immediate protection of the public safety, health, and general welfare, containing a declaration of the facts constituting the urgency, and passed by a minimum four-fifths (4/5) vote of the City Council, shall take effect immediately upon its adoption and shall continue in effect for a period of no longer than forty-five (45) days. After notice pursuant to Section 65090 of the California Government Code and public hearing, the City Council may extend the effectiveness of this Interim Ordinance as provided in Government Code Section 65858. ///
///
///
-11-
B0785-0009\2599756v3.doc
Section 8. Publication.

The City Clerk shall certify to the adoption of this Ordinance and shall cause this Ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City.

ADOPTED: December 7, 2021
EFFECTIVE: December 7, 2021
I ijnr-C^LAjjj^y)rrljuJ^L
ROBERT WUNDERLICfT
Mayor of the City of Beverly Hills
ATTEST:- ^
_(SEAL)

HUMA AHMED
City Clerk '
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

LAURENCE S. WIENER
City Attorney
GEOimE«GHAVEZ
City Manager
^N GOHLICH, AICP
Direptdr of Community Development
B0785-0009\2599756v3.doc
■12.

Attachment 5
Interim Ordinance No. 22-
O-2856 (Extension 1)
ORDINANCE NO. 22-0- 2856

AN ORDINANCE OF THE CITY OF BEVERLY HILLS
EXTENDING INTERIM ORDINANCE NO. 21-0-2853 TO
PROVIDE OBJECTIVE STANDARDS FOR SENATE BILL 9

PROJECTS IN SINGLE-FAMILY RESIDENTIAL ZONES,

AND DECLARING THE URGENCY THEREOF

THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY ORDAINS AS FOLLOWS:

Section 1. Legislative Findings.

During the 2021 legislative session, the California Legislature passed, and the Governor signed Senate Bill 9 (SB 9), which requires local agencies to ministerially approve urban lot splits and development to two residential units per single family residential lots provided the projects meet certain criteria. SB 9 became effective on January 1, 2022. SB 9 projects will have the potential to significantly impact the character of the City's well established single family neighborhoods. SB 9 projects have the potential to impact the health, safety, and welfare of residents in the City, and particularly on the character of single family residential neighborhoods, the garden quality of the City, vehicular and pedestrian safety, on-street parking demand and impacts, and housing affordability. As such, the City of Beverly Hills City Council wishes to consider enacting permanent ordinances to establish objective zoning and subdivision standards for SB 9 projects.

Because the public process of adopting these ordinances may be lengthy, and to protect the public health, safety, and welfare and prevent detrimental impacts on single family residential neighborhoods within the City, the City Council adopted Ordinance No. 21-0- 2853, an interim ordinance that took effect on December 7, 2021, (the "Interim Ordinance"). The Interim Ordinance establishes standards and procedures for projects developed according to the regulations included in SB 9. These standards include lot size limits for urban lot splits, height, size, and design standards for new units constructed pursuant to SB 9 regulations, setback standards, parking requirements, and occupancy and use requirements for new units and Accessory Dwelling Units on lots split in accordance with SB 9. City staff continues to study the issues related to permanent regulations.

Section 2. Authority.

Pursuant to Government Code Section 65858, the City Council may adopt, as an urgency measure, an interim ordinance that prohibits any uses that may be in conflict with a contemplated zoning proposal that the City Council is considering, studying, or intends to study within a reasonable period of time. After public notice, the City Council may extend the interim ordinance by a period of ten (10) months and fifteen (15) days, pursuant to Government Code Section 65858. Notice of the public hearing at which the City Council considered adopting this extension ordinance was duly published on December 24, 2021, in the Beverly Hills Courier, and on December 30, 2021, in the Beverly Hills Weekly and in the Beverly Press.

Section 3. Urgency Findings.

The City Council finds that there is an immediate threat to the public health, safety, or welfare and that urban lot splits and additional unit development pursuant to SB 9 that does not conform with the certain objective standards established by the City constitutes a threat to the public health, safety, or welfare, as described in Section 1, above. The City Council finds and determines that there is the potential for an immediate threat to the public health, safety, or welfare in the event of a proliferation of SB 9 projects without local regulatory standards. To preserve the public health, safety, and general welfare, the City Council declares it necessary that this Ordinance take immediate effect to prevent these harms.

Section 4. CEOA Findings,
The City Council hereby finds that this ordinance shall not be considered a project under the Califomia Environmental Quality Act. Additionally, the City Council hereby finds that it can be seen with certainty that there is no possibility the adoption of this Ordinance will have a significant adverse effect on the environment, given the fact that no specific development is contemplated at this time, and the ordinance is only establishing regulations for future development if proposed pursuant to SB 9. Further, development that would be contemplated under this ordinance must be treated ministerially, and any such projects would be statutorily exempt from the environmental review requirements of the Califomia Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3) and 15268 of Title 14 of the Califomia Code of Regulations, as separate and independent bases for exemption.

Section 5. Severabilitv,
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this Ordinance shall be and remain in fully force and effect.

Section 6. Approval and Extension of Ordinance.

This Ordinance, adopted as an urgency measure for the immediate protection of the public safety, health, and general welfare, containing a declaration of the facts constituting the urgency, and passed by a minimum four-fifths (4/5) vote of the City Council, shall take effect -3-
immediately upon its adoption and shall amend and extend the effect of the Interim Ordinance for a period of ten (10) months and fifteen (15) days. After notice pursuant to Section 65090 of the California Government Code and public hearing, the City Council may extend the effectiveness of the Interim Ordinance for an additional one year period, as provided in Government Code Section 65858.

Section 7. Publication.

ADOPTED: January 18, 2022
EFFECTIVE: January 18, 2022
ATTEST:
(SEAL)
HUhlA AHMED
CityClerkROBERT WUNDERLICH
Mayor of the City of Beverly Hills
APPROVED AS TO FORM:

LaA
LAURENCE S. WIENER
City Attorney
APPROVED AS TO CONTENT:

GEORGS^AVEZ
City Manager
r;^an g^hlich, aicp
hrectpp^f Community Development
B0785-0001\2611326v4.doc -4-
Attachment 6
Ordinance No. 22-O-2869 (Extension 2)
ORDINANCE NO. 22-0- 2869

AN ORDINANCE OF THE CITY OF BEVERLY HILLS
EXTENDING INTERIM ORDINANCE NO. 21-0-2853 TO
PROVIDE OBJECTIVE STANDARDS FOR SENATE BILL 9

PROJECTS IN SINGLE-FAMILY RESIDENTIAL ZONES,

AND DECLARING THE URGENCY THEREOF, AND

MAKING A DETERMINATION OF EXEMPTION UNDER

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA)

THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY ORDAINS AS FOLLOWS:

Section 1. Legislative Findings.

Because the public process of adopting these ordinances may be lengthy, and to protect the public health, safety, and welfare and prevent detrimental impacts on single family residential neighborhoods within the City, the City Council adopted Ordinance No. 21-0-2853, an interim B0785-0001\2741079v2.doc
ordinance that took effect on December 7,2021, (the "Interim Ordinance"). The City Council then adopted Ordinance No. 22-0-2856 extending the Interim Ordinance for an additional ten (10) months and fifteen (15) days. The Interim Ordinance establishes standards and procedures for projects developed according to the regulations included in SB 9. These standards include lot size limits for urban lot splits, height, size, and design standards for new units constructed pursuant to SB 9 regulations, setback standards, parking requirements, and occupancy and use requirements for new units and Accessory Dwelling Units on lots split in accordance with SB 9. City staff continues to study the issues related to permanent regulations.

Section 2. Authority.

Pursuant to Government Code Section 65858, the City Council may adopt, as an urgency measure, an interim ordinance that prohibits any uses that may be in conflict with a contemplated zoning proposal that the City Council is considering, studying, or intends to study within a reasonable period of time. After public notice, the City Council may extend the interim ordinance by a period of ten (10) months and fifteen (15) days and then subsequently extend the ordinance for one (1) year, pursuant to Government Code Section 65858. Notice of the public hearing at which the City Council considered adopting this extension ordinance was duly published on October 21, 2022, in the Beverly Hills Courier, and on October 27, 2022, in the Beverly Hills Weekly.

Section 3. Urgency Findings.

The City Council finds that there is an immediate threat to the public health, safety, or welfare and that urban lot splits and additional unit development pursuant to SB 9 that does not conform with the certain objective standards established by the City constitutes a threat to the B0785-0001\2741079v2.doc
public health, safety, or welfare, as described in Section 1, above. The City Council finds and determines that there is the potential for an immediate threat to the public health, safety, or welfare in the event of a proliferation of SB 9 projects without local regulatory standards. To preserve the public health, safety, and general welfare, the City Council declares it necessary that this Ordinance take immediate effect to prevent these harms.

Section 4. CEOA Findings.

The City Council hereby finds that this ordinance shall not be considered a project under the California Environmental Quality Act. Additionally, the City Council hereby finds that it can be seen with certainty that there is no possibility the adoption of this Ordinance will have a significant adverse effect on the environment, given the fact that no specific development is contemplated at this time, and the ordinance is only establishing regulations for future development if proposed pursuant to SB 9. Further, development that would be contemplated under this ordinance must be treated ministerially, and any such projects would be statutorily exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3) and 15268 of Title 14 of the California Code of Regulations, as separate and independent bases for exemption.

Section 5. Sevcrabilitv.

If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this Ordinance shall be and remain in fully force and effect.

B0785-0001\2741079v2.doc
Section 6. ADnroval and Extension of Ordinance.

Section 7. Publication.

ADOPTED: November 16, 2022
EFFECTIVE: November 16, 2022
ATTEST:

HUMA AHMED
City Clerk
(SEAL)
LILI BbSSE
Mayor of the City of Beverly Hills,
California
APPROVED AS TO FORM:
—- 0^-—-
LAURENCE S. WIENER
City Attorney
APPROVED AS TO CONTENT:

GEOFtGp CHAVE;
City rJj^ager
RY^GpHLICH, AICP
D/irecJofof Community Development
B0785-0001\2741079v2.doc

Beverly Hills City CouncilSeptember 19, 2023

Beverly Hills City Council
September 19, 2023