Beverly Hills City Council
March 11, 2024

AGENDA REPORT
Meeting Date: March 11, 2024
Item Number: F-1
To: Honorable Mayor & City Council
From: Michael Forbes, AICP, Director of Community Development Masa Alkire, AICP, Assistant Director of Community
Development/City Planner
Patrick Achis, Associate Planner
Subject: AN ORDINANCE OF THE CITY OF BEVERLY HILLS

AMENDING THE BEVERLY HILLS MUNICIPAL CODE TO

REGULATE ACCESSORY DWELLING UNITS AND JUNIOR

ACCESSORY DWELLING UNITS, AND FINDING THE

ORDINANCE TO BE EXEMPT UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
Attachments: 1. Draft Ordinance

2. Planning Commission Resolution No. 2049

3. ADU Development Standards: Current State Law Vs.

Proposed City Ordinance Code Changes

4. Summary of City’s ADU Outreach

5. Summary of State ADU Law Changes – Excerpt of HCD
ADU Handbook

6. High Quality Transit Area Map in the City – SCAG

7. Applicable General Plan Goals and Policies

8. Public Correspondence from the January 25, 2024,
Planning Commission meeting

RECOMMENDATION
Staff recommends the City Council:

1. Waive full reading and introduce by title only the ordinance entitled ““AN

ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING ACCESSORY

DWELLING UNIT REGULATIONS, AND FINDING THE ORDINANCE EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)”
(Attachment 1)
Meeting Date: March 11, 2024

BACKGROUND
Accessory dwelling units (ADUs), sometimes referred to in the past as granny flats or secondary units, are residential units with independent living facilities that are accessory to the primary residential unit(s) on a property.

ADUs Contributing to Providing Housing in Beverly Hills ADUs have emerged as a method to increase housing availability and affordability throughout the state. In built-out communities, ADUs provide a means for additional housing units without altering the pattern of existing residential development. ADUs are effective in single-family residential zones where traditionally only one housing unit has been allowed. Nearly 75% of the land in Beverly Hills is developed with detached singlefamily homes1 , and almost 38% of the City’s existing housing stock was built before 19402. Considering these statistics, ADUs are an important asset to meet the City’s housing objectives set forth in the Housing Element of the General Plan. ADUs provide housing opportunities for a diverse group of residents, such as family members, students, healthcare providers, and many others while preserving the character and development patterns of the city’s neighborhoods.

Changes to State Law Prompting Proposed Ordinance
Over the past seven years, the state legislature has passed several laws to update Government Code Sections 65852.2 and 65852.22 to encourage ADU production amid the state-declared housing crisis. These laws have increasingly restricted the ability of cities to regulate ADU development by establishing statewide ADU standards. In 2017, new legislation simplified the development process by establishing by-right approval for ADUs that met certain requirements.
3 Additional legislation in 2019, 2020, and 20224
introduced additional development standards; required cities to allow ADUs in all residential (including multi-family) and mixed-use zones; and streamlined by-right approvals. Among other provisions, the laws eliminated minimum lot sizes for ADUs, reduced minimum side and rear setbacks, and relaxed or removed on-site parking requirements. New concepts were also conceived such as “Junior” Accessory Dwelling Units (JADUs) and a “statewide exemption” ADU. The statewide exemption requires cities to allow the construction of a new ADU up to 800 square feet, at least 16 feet in height, and with four-foot side/rear setbacks regardless of local zoning code restrictions on front setbacks, floor area ratio, open space, or minimum lot size. For an overview of some of the legislative changes, please refer to Attachment 5, which features an excerpt from the California Department of Housing and Community Development (HCD) – Accessory Dwelling Unit Handbook.

Increased ADU Production Resulting from Changes to State Law ADU interest and production in Beverly Hills has significantly increased since the changes to state law. Since 2020, the City observed a 177% increase in the number of building permits issued for ADUs. For comparison, only six ADUs were constructed in

1 Land Use Element Pg. LU-16
(https://www.beverlyhills.org/cbhfiles/storage/files/97695053895997723/10278-- 2_LandUse01122010- mapupdate.pdf)
2 Housing Units by Year Structure Built, SCAG Pre-Certified Local Housing Data for Beverly Hills, pg. 11 (https://scag.ca.gov/sites/main/files/file-attachments/beverly-hills-he0421.pdf?1620801067#:~:text=Beverly%20Hills's%20housing%20stock%20consists,in%20the%20SCAG%2 0region%20overall)
3 Reference Senate Bill (SB) 1069 (Wieckowski) and Assembly Bill (AB) 2299 (Bloom). 4 Reference Assembly Bill (AB) 345 (Quirk-Silva), AB 3182 (Ting), AB 68 (Ting), AB 881 (Bloom), AB 587, AB 670, AB 671, Senate Bill (SB) 13 (Wieckowski), SB 897 (Wieckowski), AB 2221 (Quirk-Silva).

Meeting Date: March 11, 2024

2019. As of the writing of this report, the City has issued building permits for over 80 ADUs total from 2019 to 20235. Using conservative estimates, the City anticipates 150 ADUs will be created throughout the 2021-2029 Housing Element planning period, which equates to an average of 18 ADUs per year.

Planning Commission Public Hearing and Recommendation
On January 25, 2024, the Planning Commission considered the proposed amendments and adopted Resolution No. 2049 (Attachment 2), recommending approval of the draft ADU ordinance, as amended, to the City Council.

During the public comment portion of the hearing, one member of the public, Shahram Melamed, representing the Trousdale Estates Neighborhood Association, raised concerns about the proposal to allow larger detached ADUs size within Trousdale Estates because of potential view impacts. Following deliberation, the Commission recommended the draft ordinance reduce the size allowed for detached ADUs in Trousdale Estates, and revert to the minimize size required by state law. The Commission also recommended that for the Hillside and Central Areas, the size limits for attached ADUs on single-family lots should be increased to be equal with those proposed for detached ADUs, which are larger. This change standardizes the allowable sizes for both attached and detached ADUs in these neighborhoods, and it would eliminate size restrictions currently based on the number of bedrooms. For Trousdale Estates, allowed ADU size and height would continue to be regulated under staterequired minimums. The ordinance reflects this direction and also corrects identified typographical errors.

Public Outreach and Commission Review
Staff has conducted extensive outreach since 2021 with the public and the Planning Commission to develop the draft ordinance presented at this meeting. Attachment 4 captures the extent of those efforts as well as resulting insights and direction provided.

DISCUSSION
ADU and JADU Overview
Both ADUs and JADUs serve as independent living units subordinate to a primary unit on the property, though each have separate exterior entrances. They may be rented for periods of 30 days or longer. However, ADUs and JADUs each have their own distinct requirements and standards. JADUs must be created within the walls of an existing or proposed single-family dwelling and are limited to no more than 500 square feet (SF).

JADUs may also have an efficiency kitchen with only plug-in appliances, internal access to the primary dwelling unit, and shared bathrooms (“sanitation facilities”) with the primary dwelling. Under state law, the owner must live on-site in either the JADU or primary dwelling. Alternatively, ADUs have several different development types and are allowed to be larger. ADUs may be newly constructed (attached or detached) or converted from existing or proposed space. ADUs are fully self-contained living facilities, including full kitchen and bathroom facilities. Unlike JADUs, ADUs cannot have internal access to the primary dwelling and need not be occupied by the owner. Figure 1 on the next page shows the different types of ADUs required to be permitted in all residential zones by local jurisdictions under state law: JADUs, conversion, attached, detached, and multi-family conversion.

5 The City issued building permits for 6 ADUs in 2019; 9 in 2020; 19 in 2021; 25 in 2022; and 25 in 2023.

Meeting Date: March 11, 2024

Figure 1. Different ADU Types
Source: City staff
State law outlines minimum ADU standards that the City must implement; however, the City is allowed to establish local ADU development standards that are not more restrictive than state law. For example, the City may adopt more lenient ADU requirements for standards like height, parking, and setback requirements for appropriate areas. The City may also apply objective protections for properties listed in the California Register of Historic Resources. However, any City-specific standards must be objective to ensure streamlined, ministerial review of an ADU to meet state mandates6.

State Requirements for ADU Regulations
State law requires the City to allow ADUs in all residential zones and any mixed-use zone that permits residential dwelling units. The City must also allow JADUs for any property developed with a single-family residence and zoned single-family. In practice, under the state requirements, a single-family residence may add up to two additional units in the form of one ADU (conversion, attached, or detached) and one JADU. For properties with an existing or proposed multi-dwelling structure, state law allows two detached ADUs in addition to the conversion of non-livable areas (such as garages, basements, and attics) into ADUs. The number of ADUs converted from multi-family, non-livable area cannot exceed 25% of the existing total number of units before conversion. As an alternative to the two detached ADUs and 25% non-livable conversion, multi-family lots may develop one attached ADU or one conversion ADU using interior living space.

6 Subjective standards for by-right approval of ADUs are prohibited by law. Under Government Code Section 6552.2(j)(7), “’Objective standards’ means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.”
Meeting Date: March 11, 2024

Summary of Proposed ADU Ordinance
The proposed ordinance implements state law and incorporates recommendations from the Planning Commission and the public to establish local ADU regulations that reflect the unique character of the city’s various neighborhoods and that align with Housing Element Policies and Programs. The ordinance provides ADU development flexibility over and above state law requirements in order to promote their construction such as size, height, setbacks, and floor area ratio (FAR) exceptions. In summary, the changes encompass the following BHMC articles and sections:
 Repeal and replace the existing ADU code sections [BHMC §10-3-409; §10-3- 603.5; §10-3-702.5; §10-3-803.5; §10-3-902.5; §10-3-1002.5; §10-3-1102.5] with a new Article 50 (Accessory Dwelling Units and Junior Accessory Dwelling Units) in Title 10, Chapter 3 (Zoning) of the BHMC to comprehensively regulate single-family and multi-family ADU development consistent with state law, including local standards beyond state law minimums;  Amend the Definitions section to incorporate language from state law [BHMC §10-3-100];
 Modify the Permitted and Conditionally Permitted Uses section to specify ADUs and JADUs are allowed on all residential- and mixed-use zoned lots [BHMC §10-3-302];
 Specify ADUs are permitted encroachments in the nine foot (9') setback area for single-family properties south of Santa Monica Boulevard pursuant to new article 50. [BHMC §10-3-2406];
 Amend various uses and buildings permitted sections to remove allowance for limited short-term rental of ADUs and JADUs and clarify leases of ADUs and JADUs must be 30 days or longer. [BHMC §10-3-401; §10-3-701; §10-3-801; §10-3-901; §10-3-1001; §10-3-1101; §10-3-1202];
 Revise language for restrictions on accessory buildings to remove reference to outdated ADU code and reference new article 50. [Section 10-3-604]; and  Amend the Minor Accommodation article to create a discretionary review path for ADUs located on single-family lots that do not conform to the proposed objective standards. [BHMC §10-3-3600].

Lot and Unit Size Update
The recent changes to state law eliminated minimum lot size requirements and set minimum size standards for ADUs. State law allows an ADU and/or JADUs to be as small as an efficiency unit under the building code (i.e., no less than 150 SF). State law prohibits the City from applying front setbacks, floor area limits, open space, and site coverage limits if such requirements inhibit a minimum 800 square foot ADU (referred to as the statewide exemption ADU). The state-defined maximum size limit for attached and detached ADUs is 850 square feet or 1,000 square feet for ADUs with more than one bedroom. The size of a JADU cannot exceed 500 square feet.

The City may adopt maximum ADU sizes that are larger than those prescribed by state law. The ADU size limitations proposed in the ordinance are shown on the next page.

These sizes include portions of the ADU located in the basement. The proposed size limitation for larger attached and detached ADUs exceed the state’s requirement by 350 Meeting Date: March 11, 2024

to 550 feet depending on the single-family area of the city. As recommended by the Commission, properties north of Santa Monica Boulevard, except for Trousdale Estates, would be allowed 200 square feet of additional floor area compared to properties south of Santa Monia Boulevard due to larger parcel sizes in the northern area. The Planning Commission excluded larger ADUs in Trousdale Estates due to possible view impacts.

Single-Family ADU Floor Area Limits
 Attached / Detached:
o North of Santa Monica Boulevard, Central Area; Hillside: 1,400 SF o South of Santa Monica Boulevard: 1,200 SF
o Trousdale Estates: Per state law (850 SF for studio or 1 bedroom or 1,000 SF for 2+ bedrooms)
 JADU: 500 SF
Multi-Family ADU Floor Area Limits
 Attached / Detached: 850 SF for studio or 1 bedroom or 1,000 SF for 2+ bedrooms
Height
Attached ADUs must comply with the height limits applicable to the primary residence.

For detached ADUs, the state mandates cities to allow a height maximum of at least 16 feet, and up to 20 feet as a height maximum under certain conditions. If the detached ADU is located within a high-quality transit area or on multi-family properties with multiple stories, the minimum required height maximum is 18 feet. Additionally, detached ADUs in high-quality transit areas must be allowed an additional 2-foot height increase (making for 20 feet total) to accommodate an ADU roof pitch that aligns with the roof pitch of primary dwelling unit. See Attachment 6 for a map of properties in the city located the within high-quality transit area. As illustrated in Attachment 6, all properties south of Sunset Boulevard, and some properties north of Sunset Boulevard, are within the high-quality transit area and therefore can utilize the state-allowed height increase.

The Planning Commission recommended certain ADU height allowances surpassing the state’s base limits for detached ADUs. This recommendation accounts for design flexibility, typical neighborhood lot features, and existing regulations. The Commission’s recommendation for a greater height allowance for detached ADUs on lots in the Central Area north of Santa Monica Boulevard is based on the premise that these properties have a greater height limit for the primary structure and are on lots typically larger than lots south of Santa Monica Boulevard.

Single-Family Detached ADU Height Limits
 Hillside Area and Trousdale Estates: Per state law (16’ to 20’)  Central Area, South of Santa Monica Boulevard: 22’
 Central Area, North of Santa Monica Boulevard: 25’
 Estate Lots in Central Area [Lots at least min. 24,000 SF]: Compliant with underlying zoning district when within principal building area Multi-Family Detached ADU Height Limits
 Citywide: Per state law (16’ – 20’), depending on lot conditions and location Meeting Date: March 11, 2024

Parking Requirements
State ADU laws requires the City to waive ADU parking requirements in the following scenarios:
• ADUs located within one-half mile walking distance of public transit; • ADUs located within an architecturally and historically significant historic district;
• ADUs that are converted as part of the proposed or existing primary residence; or an accessory structure;
• ADUs that are built in conjunction with a new single-unit dwelling or multifamily dwelling; • When on-street parking permits are required but not offered to the occupant of the ADU;
• When there is a car share vehicle located within one block of the ADU; and • For all JADUs.

Outside these scenarios, an attached or detached ADU must provide one parking space, although a driveway may be counted as a parking space. Although these parking exceptions are currently outlined in the BHMC, the state clarified a transit stop is a fixed route bus, train, or subway that is open to the public and charges set fares. The state further clarified that the one-half (½) mile distance is based on walking distance, not a radius. Properties indicated on Attachment 6 are therefore exempt from parking requirements for ADUs. When an existing garage is converted to an ADU, the new ADU laws prevent the City from requiring replacement parking for the garage spaces lost to the conversion.

Owner-Occupancy Requirement
The City currently does not require owner-occupancy for an ADU and the proposed ordinance maintains this.7 However, when a property contains a JADU, state law requires owner-occupancy of either the newly created JADU or the single-family residence.

Historic Preservation
State law requires ministerial approval of ADUs and JADUs proposed on historic residential or mixed-use properties. This means code compliant ADUs and JADUs are exempt from the City’s design review and cultural heritage review processes that typically apply to new construction. It is important to note design review only applies to the primary structure, so detached ADUs are already exempt from such review.

However, prior to the issuance of a permit, the City will require the applicant to demonstrate that the design of the proposed ADU and/or JADU is consistent with the objective requirements of the "Secretary Of The Interior's Standards For The Treatment Of Historic Properties With Guidelines For Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings" found at Title 36 Code of Federal Regulations, Section 68.3. The proposed ordinance specifies ADUs on historic properties must adhere to objective requirements, such as architecture, location, and materials, to protect the historic resource unless such requirements preclude the creation of an ADU or JADU.

7 Effective January 1, 2024, AB 976 (Ting) eliminates the authority of local agencies to impose owner occupancy requirements on ADUs.

Meeting Date: March 11, 2024

Minor Accommodation to Allow ADU Discretionary Review
Currently, the City only allows deviation from by-right state ADU criteria for properties located north of Santa Monica Boulevard through an ADU Use Permit. If approved, the ordinance would replace the existing ADU Use Permit process with a Minor Accommodation discretionary process that is applicable citywide to lots with singlefamily dwellings. In compliance with state law, the Minor Accommodation process would not be used to review ADUs that adhere to state ADU standards. Importantly, the Minor Accommodation process is intended to provide additional opportunities to create ADUs that would not otherwise be permitted. A Minor Accommodation may be allowed to deviate from ADU development standards including, but not limited to, setbacks, height, unit size, and parking. Minor Accommodations may not be issued for rooftop decks, height in excess of the maximum for the primary residence, floor area in excess of the maximum for the primary residence, and deviations from building or life safety requirements. The reviewing authority for a Minor Accommodation is the Director of Community Development; however, for Minor Accommodation requests that increase height for an ADU, the reviewing authority would be the Planning Commission at a noticed public hearing. The Minor Accommodation process is not available to multifamily ADUs or JADUs.

In order to approve the Minor Accommodation for the ADU, the reviewing authority must find the requested accommodation is (1) compatible with the scale and massing of the streetscape and existing development in the neighborhood; and (2) that granting the accommodation would not be detrimental to neighbors' access to light and air, neighbors’ privacy, adjacent properties, the garden quality of the city, or public welfare.

In making a determination to increase height, the Planning Commission must also look at such factors including, but not limited to, the impact of the ADU on the scale and massing as viewed from adjacent properties, the impact of the ADU on available light in neighboring yards, and the cumulative impact to adjacent properties from the proposed ADU in combination with existing accessory structures and ADUs in the vicinity.

Comparison of Regulations
In addition to the items discussed above, a summary of the state law requirements are shown next to the City’s proposed code changes in Attachment 3. Provisions in the proposed ordinance that exceed state law minimums are indicated in yellow highlight.

State Department of Housing and Community Development (HCD) Review Under state law, the City must submit the ADU ordinance to the State Department of Housing and Community Development (HCD) for compliance review within 60 days of the date of adoption. In the event HCD determines that any provision of the ordinance does not comply with state law, the City would have 30 days to either respond as to how the City would amend the ordinance for compliance or adopt additional findings that justify how the ordinance complies with the statute.

GENERAL PLAN POLICIES8 AND HOUSING ELEMENT IMPLEMENTATION The General Plan contains various goals and policies intended to help guide development in the City. The draft ordinance would also satisfy several of the implementation components of the City’s 2021 – 2029 Housing Element related to ADUs identified in the Housing Element. Goals and Polices relevant to the Planning Commission’s review of the draft ordinance are included as Attachment 7.

8 Available online at beverlyhills.org/departments/communitydevelopment/longrangeplanning/generalplan/ Meeting Date: March 11, 2024

PUBLIC OUTREACH AND NOTIFICATION
Public Comment
Staff maintains an interested parties list for stakeholders who have expressed interest on the topic of ADUs and a courtesy email was sent out informing those parties of this meeting. The City’s ADU website (www.beverlyhills.org/adu) was also updated with notification of this meeting. As of the writing of the report, staff has not received correspondence from the public on this item. Public correspondence received for the January 25, 2024, Planning Commission meeting is available as Attachment 8.

ENVIRONMENTAL ASSESSMENT
The proposed ordinance was assessed in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. Staff recommends that the City Council find that the ordinance is statutorily exempt from CEQA pursuant to §15282(h) of the CEQA Guidelines and also exempt per §21080.17 of the California Public Resources Code. These sections specify that the adoption of an ordinance regarding ADUs to implement the provisions of Government Code §65852.1 and §65852.2 is exempt from CEQA requirements.

FISCAL IMPACT
There is no anticipated direct fiscal impact related to the adoption of this ordinance. Any potential increase in the number of permit applications for ADU and JADU projects is anticipated to be recovered through the City’s fees for plan check review and permitting for the applicable ministerial and/or discretionary permits, as set forth in the City’s Comprehensive Schedule of Taxes, Fees, and Charges. Additionally, ADU and JADU projects will be responsible to cover all applicable development impact fees, including those related to the connection to and maintenance of infrastructure. Moreover, ADU and JADU projects have the potential to cause a reassessment of property values, resulting in increased property taxes.

Michael Forbes, AICP
Director of Community Development
Approved By

9 The public notice for this item was published in the BH Courier on February 16, 2024; and in BH Weekly and Beverly Press on February 22, 2024.

PUBLIC NOTIFICATION TABLE
Type of Notice Required
Period
Actual
Period
Required
Date
Actual
Date
Newspaper Notice9 20 Days 20 Days 2/16/24 2/16/24
Agenda Posting 72 Hours 72 Hours 3/7/24 3/7/24
Website 72 Hours 72 Hours 3/7/24 3/7/24
Attachment 1
Draft Ordinance
-1-
B0785-0009\2911951v3.doc
ORDINANCE NO. 24-O-____

AN ORDINANCE OF THE CITY OF BEVERLY HILLS

AMENDING THE BEVERLY HILLS MUNICIPAL CODE TO

REGULATE ACCESSORY DWELLING UNITS AND JUNIOR

ACCESSORY DWELLING UNITS, AND FINDING THE

ORDINANCE TO BE EXEMPT UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT

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

Section 1. In both 2019 and 2020, the State adopted legislation amending Government Code Sections 65852.2 and 65852.22 to limit the standards cities may impose on accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”). The state passed additional legislation effective Jan. 1, 2023 and 2024 further amending the ADU and JADU laws.

This Ordinance updates the City’s local standards to comply with the revisions to state law.

Section 2. The Planning Commission considered this Ordinance on January 25, 2024, at a duly noticed public hearing, as prescribed by law, at which time City staff and interested persons had an opportunity to and did testify either in support or against this matter. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 2049, recommending approval of the Ordinance by the City Council.

Section 3. The City Council, at a regular meeting, considered the Ordinance on March 11, 2024, at a duly noticed public hearing, as prescribed by law, at which time City staff and interested persons had an opportunity to and did testify either in support or against this matter.

Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. -2-
B0785-0009\2911951v3.doc
Section 4. The City Council finds that the adoption of this Ordinance is consistent with the General Plan because it fulfills the following General Plan Goals and Policies:

Land Use 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 (Land Use Policy 2.1).

Land Use Policy 3.2 (Fair Share of Regional Housing Needs): Help the City meet State requirements to accommodate the City's fair share of regional housing needs, contingent upon the ability to maintain the qualities that distinguish and contribute to the livability of the City and not unduly burden the City's fiscal resources.

Housing Policy H4.2 (Development Standards): Directs the City “evaluate and modify development standards as appropriate to better facilitate the provision of affordable housing.” Additionally, Implementation Program 10.4 (Accessory Dwelling Units) of the 2021 - 2029 Housing Element: Implement adoption an ordinance in 2023 that allows byright approval of ADUs in single family zones that exceed state required minimums.

Housing Goal H2 (Housing Supply and Diversity): Update regulations for ADU and JADUs that contribute to the City’s housing ecosystem by providing options that are inherently different from traditional single- or multi-family units.

Housing Policy H 2.5 (Adoptive Reuse): Supports innovative strategies for the adaptive reuse of residential and commercial structures to provide for a wide range of housing types (H 2.5).
-3-
B0785-0009\2911951v3.doc
Section 5. A new definition of “Junior Accessory Dwelling Unit” is hereby added to Section 10-3-100 (Words Defined) in Article 1 (Definitions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code to read as follows between the defined terms definitions of “Interior side setback” and “Large Family Daycare Home” “JUNIOR ACCESSORY DWELLING UNIT (JADU): a residential unit that is no more than 500 square feet in size and is contained entirely within an existing or proposed singlefamily dwelling. An enclosed use within the dwelling, such as an attached garage, is considered to be a part of and contained within the single-family dwelling:

Section 6. The definition of “Accessory Dwelling Unit” in Section 10-3-100 (Words Defined) in Article 1 (Definitions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code is hereby amended to read as follows:
“ACCESSORY DWELLING UNIT (ADU): An attached or detached residential dwelling unit which provides complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation, and is located on the same site area as the primary dwelling. An accessory dwelling unit shall not include an accessory structure lawfully constructed prior to September 26, 2003, which provides independent living facilities, provided the use of the accessory structure is restricted by a covenant as described in Section 10-3-403 or 10-3-604 of this chapter or was otherwise lawfully constructed in conformance with the applicable codes in effect at the time of construction.”
-4-
B0785-0009\2911951v3.doc
Section 7. Existing Section 10-3-409 (Accessory Dwelling Units) in Article 4 (OneFamily Residential Zone (R-1)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code is hereby repealed.

Section 8. A new Article 50 (Accessory Dwelling Units and Junior Accessory Dwelling Units) is hereby added to Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code to read as follows:
“ARTICLE 50. ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS
10-3-5000: BUILDING PERMIT ONLY ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS ON LOTS WITH SINGLE FAMILY DWELLINGS:

A. Building Permit Only Standards: Notwithstanding the use regulations of this chapter, accessory dwelling units and junior accessory dwelling units shall be permitted on any lot zoned residential or mixed-use with an existing single-family dwelling unit, or in conjunction with an application for a proposed single-family structure, provided the proposed accessory dwelling unit or junior accessory dwelling unit meets the following standards and requirements. Accessory dwelling units and junior accessory dwelling units that meet the standards in this section will be allowed to be constructed with a building permit only.

1. Number of Accessory Dwelling Units and Junior Accessory Dwelling Units Permitted:

One accessory dwelling unit and one junior accessory dwelling unit are allowed on any lot zoned for residential or mixed-use with an existing or proposed single-family dwelling.

2. Location: Detached accessory dwelling units must be located to the rear of the primary dwelling unit on the site. Attached accessory dwelling units must be contained entirely -5-
B0785-0009\2911951v3.doc
within or attached to an existing or newly proposed and constructed single-family structure.

Junior accessory dwelling units must be located in a single-family zone, contained entirely within an existing or proposed and constructed single-family structure, including enclosed structures such as attached garages. JADUs are prohibited in detached garages and accessory structures.

3. Site Area: There is no minimum site area for accessory dwelling units or junior accessory dwelling units.

4. Unit Size:
a. Attached or Detached Accessory Dwelling Units: An attached or detached accessory dwelling unit shall not be less than the minimum size for an efficiency unit, as defined in section 17958.1 of the California Health and Safety Code or any successor statute. 1) In the Central Area south of Santa Monica Boulevard, an attached or detached accessory dwelling unit shall not exceed a maximum floor area of 1,200 square feet, or the site’s remaining maximum allowable floor area, whichever is less. 2) In the Central Area north of Santa Monica Boulevard and the Hillside Area, an attached or detached accessory dwelling unit shall not exceed a maximum floor area of 1,400 square feet, or the site’s remaining maximum allowable floor area ratio, whichever is less.
3) In Trousdale Estates, an attached or detached accessory dwelling unit shall not exceed a maximum floor area of 850 square feet for a studio or one-bedroom unit and -6-
B0785-0009\2911951v3.doc
1,000 square feet for any unit with more than one bedroom, or the site’s remaining maximum allowable floor area ratio, whichever is less.
b. Application of development standards, such as floor area ratio, may further limit the size of the accessory dwelling unit, but in no case shall the front setback, floor area ratio, open space, or site coverage requirement reduce an accessory dwelling unit to less than 800 square feet where there is no other alternative to comply, and only to the extent necessary to construct the accessory dwelling unit. c. Accessory Dwelling Units Converted from Existing or Proposed Space: If an accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a singlefamily dwelling or existing space of a single-family dwelling or accessory structure, the accessory dwelling unit shall not exceed the size of the existing space to be converted. If required for ingress and egress, conversion of an accessory structure may add up to 150 square feet beyond the physical dimensions of the existing structure.

Conversion of unenclosed accessory buildings or unenclosed accessory structures, such as patios, gazebos, breezeways, carports, porte cocheres, or similar structures shall not be allowed, however, shall comply with all applicable development standards for a new detached accessory dwelling units pursuant to section 10-3-5000 of this article. d. Junior Accessory Dwelling Unit: A junior accessory dwelling unit shall not exceed 500 square feet.

5. Floor Area Ratio Calculations: For accessory dwelling units and junior accessory dwelling units, the floor area of basements shall not be included when calculating floor area under this chapter, including the determination of maximum floor area ratio for the site. However, -7-
B0785-0009\2911951v3.doc
basement areas shall be counted for purposes of determining maximum floor area for proposed attached and detached accessory dwelling units exceeding 800 square feet.

6. Height:
a. Detached Accessory Dwelling Units: A detached accessory dwelling unit shall not exceed a maximum height of:
1) 22 feet in Central Area south of Santa Monica;
2) 25 feet in Central Area north of Santa Monica;
3) In the Hillside Area and Trousdale Estates, the maximum height shall be in accordance with the height limitations set forth in Government Code Section 65852.2, as amended from time to time.
4) Notwithstanding the foregoing, a detached accessory dwelling unit of up to twostories, located within the principal building area on an estate lot of at least twenty four thousand (24,000) square feet in the Central Area shall comply with the maximum height limit applicable to the primary dwelling structure on the site. b. Attached Accessory Dwelling Units and Junior Accessory Dwelling Units: An attached accessory dwelling unit or junior accessory dwelling unit shall be subject to the same height limitations applicable to the primary dwelling on the site. -8-
B0785-0009\2911951v3.doc

7. Owner Occupancy, Rental, and Transfer:
a. An accessory dwelling unit or junior accessory dwelling unit may be rented, but shall not be sold, transferred or assigned separately from the primary single-family dwelling, except as provided in Government Code Section 65852.26. b. An accessory dwelling unit or junior accessory dwelling unit shall not be rented for a rental term of less than 30 consecutive days.
c. The owner of a property with a junior accessory dwelling unit shall reside in one of the dwelling units on the property. This owner-occupancy requirement shall not apply to a junior accessory dwelling unit owned by a governmental agency, land trust, or housing organization.

8. Parking:
a. One parking space shall be required for each accessory dwelling unit on a site.

However, no parking shall be required for any accessory dwelling unit in any of the following circumstances:
1) It is located within one-half (1/2) mile walking distance of public transit. 2) It is located within a historic district or on a property listed in a Register of Historic Resources (local, state, or national).
3) It is part of the proposed primary dwelling or converted from the existing space of a primary dwelling or existing accessory structure.
-9-
B0785-0009\2911951v3.doc
4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
5) When there is a City-approved and dedicated parking space for a car share vehicle located within one block of the accessory dwelling unit. b. Any required parking for an accessory dwelling unit may be provided as tandem parking on an existing driveway, including driveway areas within setback areas. c. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit constructed pursuant to the requirements of this section, the off-street parking spaces lost as a result of the demolition are not required to be replaced. For an accessory dwelling unit that will replace a detached garage, the building and demolition permits shall be reviewed and issued concurrently.
d. No parking is required for a junior accessory dwelling unit.

9. Setbacks:
a. In the Central Area, accessory dwelling units shall have side and rear setbacks of no less than four feet, except that no minimum side or rear setback is required for the portion of an accessory dwelling unit that abuts an alley. b. In the Hillside Area and Trousdale Estates, accessory dwelling units shall comply with all side and rear setback requirements applicable to the primary dwelling unit on the site, unless the required setbacks are more than four feet, in which case the -10-
B0785-0009\2911951v3.doc
maximum setback required shall be four feet from a side or rear property line. Where the rear or side portion of an accessory dwelling unit abuts an alley, no minimum setback is required.
c. Existing Structure Conversions or Replacement of Existing Structures with New Structures: No additional setback beyond the existing structure setback shall be required if the existing structure is not expanded or if the new structure is constructed within the same footprint of the existing structure and does not exceed the existing structure size and/or height. Conversion or replacement of unenclosed accessory buildings or unenclosed accessory structures, such as patios, gazebos, breezeways, carports, porte cocheres, or similar structures shall not be allowed, however, shall comply with all applicable development standards for a new detached accessory dwelling unit pursuant to section 10-3-5000 of this article.

10. Entrances: An entrance separate from the main entrance to the primary dwelling shall be provided for accessory dwelling units and junior accessory dwelling units. A junior accessory dwelling unit that does not include a bathroom separate from the primary dwelling shall additionally include an interior entry to the main living area of the primary dwelling.

11. Separation: Newly constructed ADUs shall be located no closer than 6 feet to any other building on the same site area, unless such separation would preclude the construction of an 800 square foot ADU pursuant to subsection A.4.c. of this section.

12. Required Features: Accessory dwelling units must provide complete, independent living facilities for sleeping, sanitation, and cooking. Junior Accessory dwelling units may have -11-
B0785-0009\2911951v3.doc
separate sanitation facilities, or may share sanitation facilities with the existing structure.

A junior accessory dwelling unit must include, at minimum, an efficiency kitchen containing (1) a cooking facility with kitchen appliances and (2) a food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

13. Maximum Site Density: Density limitations set forth in this municipal code shall not preclude the construction of accessory dwelling units that comply with the provisions of this code section.

14. Covenant Required:
a. Within 30 days of the issuance of building permit for an accessory dwelling unit pursuant to this article, the owner of record shall record a covenant, in a form satisfactory to the city attorney, which shall place future buyers on notice of the maximum size of the accessory dwelling unit as set forth in the approved plans, the required amount of off street parking, if any, to be provided for the accessory dwelling unit, that the accessory dwelling unit may not be sold, transferred or assigned separately from the primary dwelling unit except as provided in Government Code Section 65852.26, that the accessory dwelling unit shall not be rented for a rental period shorter than 30 days, and that such restrictions shall run with the land and be binding upon all future owners. The covenant shall be recorded in the official records of the county of Los Angeles, and a copy of the covenant shall be filed with the office of the city clerk.
b. Within 30 days of the issuance of building permit for a junior accessory dwelling unit, the owner of record shall record a covenant, in a form satisfactory to the city attorney, -12-
B0785-0009\2911951v3.doc
which shall place future buyers on notice of the maximum size of the junior accessory dwelling unit as set forth in the approved plans, the required amount of off street parking, if any, to be provided for the junior accessory dwelling unit, that the junior accessory dwelling unit may not be sold, transferred or assigned separately from the primary dwelling unit, that the junior accessory dwelling unit shall not be rented for a rental period shorter than 30 days, that the owner of the property must reside either in the primary dwelling or the junior accessory dwelling unit unless the owner is a governmental agency, land trust, or housing organization, and that such restrictions shall run with the land and be binding upon all future owners. The covenant shall be recorded in the official records of the county of Los Angeles, and a copy of the covenant shall be filed with the office of the city clerk.

15. Fire Sprinklers: An accessory dwelling unit or junior accessory dwelling unit shall not be required to provide fire sprinklers if they are not required for the primary dwelling, nor shall the construction of an accessory dwelling unit or junior accessory dwelling unit require fire sprinklers to be installed in the existing primary dwelling.

16. Fees and Charges: Any accessory dwelling unit or junior accessory dwelling unit shall not be considered new residential uses for purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit is constructed with a new single-family dwelling or the unit is constructed as a newly constructed detached unit. Further, no impact fees or park fees shall be levied upon accessory dwelling units that are less than 750 square feet in floor area or junior accessory dwelling units. Impact fees charged on accessory dwelling units of 750 square -13-
B0785-0009\2911951v3.doc
feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.

17. Utility Connections:
a. The applicant for any accessory dwelling unit or junior accessory dwelling unit approved pursuant to subsection A. 19. of this section, shall not be required to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family home. b. The applicant for any accessory dwelling unit or junior accessory dwelling unit that is not described in subsection A. 19. of this section, may be required to install a new or separate utility connection directly between the accessory dwelling unit and the utility, and consistent with Government Code section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit upon the water or sewer system, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system.

18. Historic Resources: Any accessory dwelling unit that has the potential to adversely impact a historical resource listed on the national register, California register of historic places, or the city of Beverly Hills register of historic properties, shall comply with and shall be designed and constructed in accordance with the "Secretary Of The Interior's Standards For The Treatment Of Historic Properties With Guidelines For Preserving, Rehabilitating, -14-
B0785-0009\2911951v3.doc
Restoring, And Reconstructing Historic Buildings" found at 36 CFR 68.3, as amended from time to time.

19. Conversion Of Existing or Proposed Space Of A Dwelling Or Existing Accessory Structure: Conversion of existing space or proposed wholly within a single-family dwelling or within an existing accessory structure into an accessory dwelling unit shall be permitted by right, provided that the proposed accessory dwelling unit has independent exterior access from the dwelling, and the side and rear setbacks are sufficient for fire safety.

20. Porches and Decks: No accessory dwelling unit shall have a porch or deck located more than three feet (3') above the finished grade. Rooftop decks shall not be permitted for accessory dwelling units.

21. Windows: Windows within 10 feet of a side or rear property line and the closest side property line shall be at located at least six feet above finished grade, or shall be awning style windows with the ability to open a maximum of six inches (6”) and shall be fitted with translucent glass.

B. Minor Accommodation: Any proposed ADU that does not conform to the below objective standards set forth in this Section 10-3-5000 may be permitted by the City with the approval of a minor accommodation permit, in accordance with Section 10-3-3600. U. A minor accommodation permit may not be granted for junior accessory dwelling units.

1. Exceptions: Approval of a minor accommodation for a proposed ADU shall not allow:
a. Rooftop decks.
b. Height in excess of the underlying zoning district applicable to the primary building area.
-15-
B0785-0009\2911951v3.doc
c. Floor area in excess of the underlying zoning district. d. Deviation from building or life safety codes.

2. Reviewing Authority: The director of community development may approve or conditionally approve a minor accommodation for an ADU for a discretionary request unrelated to height increases. However, the Planning Commission shall be the reviewing authority for any increase in height beyond the maximum allowable height limit in this article.

3. Referral to the Planning Commission: If, in the opinion of the director of community development, an application merits review by the planning commission, the director may refer such application to the planning commission, and the planning commission shall serve as the reviewing authority and shall conduct a noticed public hearing regarding the requested minor accommodation.

4. Required Findings for Discretionary Approval: The director of community development or Planning Commission may approve or conditionally approve a minor accommodation for an ADU subject to the following findings.
a. Compatibility: The requested accommodation will be compatible with the scale and massing of the streetscape and existing development in the neighborhood; b. No Adverse Impact or Detriment: The granting of the accommodation would not have a substantial adverse impact on or be detrimental to neighbors' access to light and air, neighbors’ privacy, adjacent properties, the garden quality of the city, or public welfare. -16-
B0785-0009\2911951v3.doc
1) Specific Finding for Height Increases: In making a determination to increase height, the planning commission must look at such factors including, but not limited to, the impact of the accessory dwelling unit on the scale and massing as viewed from adjacent properties, the impact of the accessory dwelling unit on available light in neighboring yards, and the cumulative impact to adjacent properties from the proposed accessory dwelling unit in combination with existing accessory structures and accessory dwelling units in the vicinity.
10-3-5001. ACCESSORY DWELLING UNITS ON LOTS WITH MULTIPLE FAMILY DWELLINGS:

A. Building Permit Only Standards: Notwithstanding the use regulations of this chapter, accessory dwelling units shall be permitted on property in any lot zoned residential or mixed-use zone with an existing multi-family dwelling, or in conjunction with an application for a proposed and constructed multi-family dwelling, provided the proposed accessory dwelling unit meets the following standards and requirements. Accessory dwelling units that meet the standards in this section are permitted to be constructed with a building permit only.

1. Number of Accessory Dwelling Units Allowed:
a. Detached Accessory Dwelling Units: No more than two detached accessory dwelling units are allowed on a lot that has an existing or proposed multi-family dwelling. The detached accessory dwelling units may be newly constructed or converted from existing detached accessory structures. The two detached accessory dwelling units may be attached to one another; and
-17-
B0785-0009\2911951v3.doc
b. Conversion of Existing Non-Livable Multi-family Building Space to Accessory Dwelling Units: Portions of existing multi-family dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages may be converted to accessory dwelling units. Areas used for commercial or other activities that are intended for regular occupancy such as leasing offices, community rooms, or amenity spaces are not eligible for conversion. At least one conversion unit from non-livable space is allowed to be created on each site and the maximum number of units allowed shall not exceed 25 percent of the existing units on the site. For the purposes of calculating the number of allowable ADUs converted from non-livable space, the following shall apply:
1) Previously approved ADUs shall not count towards the number of existing multifamily dwellings; and 2) Fractions shall be rounded down to the next lower number of dwelling units, except that at least one ADU shall be allowed.
c.As an alternative to subsections 1a and 1b, one attached or livable area conversion accessory dwelling unit is allowed on a lot that has an existing or proposed multi-family dwelling.

2. Location: Detached accessory dwelling units shall be located behind the existing multifamily building on the site. Attached accessory dwelling units must be contained entirely within or attached to an existing or newly proposed and constructed multi-family structure. -18-
B0785-0009\2911951v3.doc

3. Site Area: There is no minimum site area for accessory dwelling units or junior accessory dwelling units.

4. Unit Size:
a.Attached or Detached Accessory Dwelling Units: An attached or detached accessory dwelling unit shall not be less than the minimum size for an efficiency unit, as defined in section 17958.1 of the California Health and Safety Code or any successor statute and shall not exceed a maximum size 850 square feet for a studio or one-bedroom unit and 1,000 square feet for any unit with more than one bedroom. b.Application of development standards, such as floor area ratio, may further limit the size of the accessory dwelling unit, but in no case shall the front setback, floor area ratio, open space, or site coverage requirement reduce an accessory dwelling unit to less than 800 square feet where there is no other alternative to comply, and only to the extent necessary to construct the accessory dwelling unit.
c.Accessory Dwelling Units Converted from Existing or Proposed Livable Space: If an accessory dwelling unit is within the proposed space of a multi-family dwelling or existing space of a multi-family dwelling or accessory structure, the accessory dwelling unit shall not exceed the size of the existing space to be converted. If required for ingress and egress, conversion of an existing accessory structure may add up to 150 square feet beyond the physical dimensions of the existing structure. Conversion or replacement of unenclosed accessory buildings or unenclosed accessory structures, such as patios, gazebos, breezeways, carports, porte cocheres, or similar structures shall not be allowed, -19-
B0785-0009\2911951v3.doc
however, shall comply with all applicable development standards for a new detached accessory dwelling units pursuant to section 10-3-5001 of this article.

5. Parking Required:
a. Each accessory dwelling unit shall require the provision of one parking space.

However, no parking shall be required for any accessory dwelling unit in any of the following circumstances:
1) It is located within one-half (1/2) mile walking distance to public transit. 2) It is located within a historic district or on a property listed in a Register of Historic Resources (local, state, or national).
3) It is part of the proposed primary dwelling or converted from the existing space of a primary dwelling or existing accessory structure.
4) When on street parking permits are required but not offered to the occupant of the accessory dwelling unit.
5) When there is a City-approved and dedicated parking space for a car share vehicle located within one block of the accessory dwelling unit. b. Any required parking for an accessory dwelling unit may be provided as tandem parking on an existing driveway, including driveway areas within setback areas.

6. Demolition of Garages, Carports, Covered Parking Structures or Existing Structures: When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit constructed pursuant to the requirements of this -20-
B0785-0009\2911951v3.doc
section, the off street parking spaces lost as a result of the demolition are not required to be replaced. For an accessory dwelling unit that will replace a detached garage, the building and demolition permits shall be reviewed and issued concurrently.

7. Building Standards: All accessory dwelling units must meet all building code standards for dwelling units, including those that are converted from existing non-livable spaces within multi-family buildings.

8. Height:
a. Detached accessory dwelling units shall not exceed a height of 16 feet. Up to 18 feet in height may be allowed if the detached accessory dwelling unit is:
1) On a lot with a multistory dwelling; or
2) Located within one-half (½) mile walking distance of public transit. An additional two feet in height (up to 20 feet) is allowed only to accommodate a roof pitch that aligns with the primary multi-family dwelling.
b.Attached accessory dwelling units shall be subject to the same height limitations applicable to the primary dwelling structure on the site.

9. Setbacks.
a.Attached and detached accessory dwelling units shall have side and rear setbacks of no less than four feet.
b.For conversion of existing livable or non-livable space or garage no additional setback is required, beyond the existing provided setback.
-21-
B0785-0009\2911951v3.doc
c.For replacement of an existing enclosed structure or garage, no existing setback is required, beyond the existing setback provided. This provision shall only apply to ADUs that are replacing existing structures within the same footprint of the existing structure and do not exceed the existing structure size and/or height. However, replacement of the following accessory structures shall follow all applicable development standards for detached accessory dwelling units per section 10-3-5001:
unenclosed accessory buildings or unenclosed accessory structures, such as patios, gazebos, breezeways, carports, porte cocheres, or similar structures.

10. Maximum Site Density. Density limitations set forth in this municipal code shall not preclude the construction of accessory dwelling units that comply with the provisions of this code section.

11. Outdoor Living Space. Outdoor living space shall not be required for the construction of accessory dwelling units in multi-family or mixed-use residential zones.

12. Covenant Required: The owner of record shall record a deed restriction in a form satisfactory to the city attorney within thirty (30) days following the issuance of a building permit for the accessory dwelling unit. Within thirty (30) days of the issuance of building permit for an accessory dwelling unit pursuant to this article, the owner of record shall record a covenant, in a form satisfactory to the city attorney, which shall place future buyers on notice of the maximum size of the accessory dwelling unit is as set forth in this subsection A, the required amount of off street parking to be provided for the accessory dwelling unit, that the accessory dwelling unit may not be sold, transferred or assigned separately from the primary dwelling unit, and that such restrictions shall run with the land -22-
B0785-0009\2911951v3.doc
and be binding upon all future owners. The covenant shall be recorded in the official records of the county of Los Angeles, and a copy of the covenant shall be filed with the office of the city clerk.

13. Fire Sprinklers: An accessory dwelling unit shall not be required to provide fire sprinklers if they are not required for the primary dwelling, nor shall the construction of an accessory dwelling unit require fire sprinklers to be installed in the existing multi-family dwelling.

14. Fees and Charges For Utilities: Accessory dwelling units shall not be considered new residential uses for purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit is constructed with a new single-family dwelling. Further, no impact fees or park fees shall be levied upon accessory dwelling units that are less than 750 square feet in floor area.

Impact fees charged on accessory dwelling units of 750 square feet or more shall be charged proportionately in relation to the average square footage of the residential units within the multi-family dwelling.

15. Utility Connections:
a.The applicant for any accessory dwelling unit or junior accessory dwelling unit approved pursuant to subsection A. 16. of this section, shall not be required to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new multi-family home.
-23-
B0785-0009\2911951v3.doc
b.The applicant for any accessory dwelling unit that is not described in subsection A. 16. of this section, may be required to install a new or separate utility connection directly between the accessory dwelling unit and the utility, and consistent with Government Code section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit upon the water or sewer system, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system.

16. Conversion Of Existing or Proposed Space Of A Dwelling or Existing Accessory Structure:

Conversion of existing livable space or proposed wholly within a multi-family dwelling or within an existing accessory structure into an accessory dwelling unit shall be permitted by right, provided that the proposed accessory dwelling unit has independent exterior access from the dwelling, and the side and rear setbacks are sufficient for fire safety.

17. Porches and Decks: No accessory dwelling unit shall have a porch or deck located more than three feet (3') above the finished grade. Rooftop decks shall not be permitted for accessory dwelling units.

18. Windows: Windows within 10 feet of a side or rear property line and the closest side property line shall be at located at least six feet above finished grade, or shall be awning style windows with the ability to open a maximum of six inches (6”) and shall be fitted with translucent glass.
-24-
B0785-0009\2911951v3.doc

19. Historic Resources: Any accessory dwelling unit that has the potential to adversely impact a historical resource listed on the national register, California register of historic places, or the city of Beverly Hills register of historic properties, shall comply with and shall be designed and constructed in accordance with the "Secretary Of The Interior's Standards For The Treatment Of Historic Properties With Guidelines For Preserving, Rehabilitating, Restoring, And Reconstructing Historic Buildings" found at 36 CFR 68.3, as amended from time to time.”
Section 9. Section 10-3-401 (Uses and Buildings Permitted) of Article 4 (One-Family Residential Zone (R-1)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code is hereby amended to read as follows:
“10-3-401: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1 shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, small family daycare home, small community care facility, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "single-family residence", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-family residence. Use of a single-family residence for a single-family transient use more than twice per calendar year is prohibited.”
Section 10. Subsection B of Section 10-3-403 (Restrictions on Accessory Buildings) of Article 4 (One-Family Residential Zone (R-1)) of Chapter 3 (Zoning) of Title 10 (Planning and -25-
B0785-0009\2911951v3.doc
Zoning) of the Beverly Hills Municipal Code is hereby amended to read as follows, with all other provisions of Section 10-3-403 remaining in effect without amendment:
“ B. Notwithstanding the provisions of subsection A of this section, an accessory building lawfully constructed prior to September 26, 2003, may provide complete, independent living facilities (including kitchen facilities) without otherwise conforming to the accessory dwelling unit or junior accessory dwelling unit standards set forth in article 50 of this chapter, provided the property owner has recorded a covenant in a form satisfactory to the city attorney restricting the use of the site to one bona fide housekeeping unit or was otherwise lawfully constructed in conformance with the applicable codes in effect at the time of construction. Notwithstanding any other provision of this code, any such accessory structure may be maintained indefinitely and may be altered or expanded without otherwise complying with the regulations applicable to accessory dwelling units or junior accessory dwelling units.”
Section 11. Section 10-3-501 (Uses and Buildings Permitted) of Article 5 (One-Family Residential Zone (R-1.X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code is hereby amended to read as follows:
“10-3-501: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, small family daycare home, small community care facility, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "single-family residence", as -26-
B0785-0009\2911951v3.doc
defined in section 10-3-100 of this chapter, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-family residence. Use of a single-family residence for a single-family transient use more than twice per calendar year is prohibited.”
Section 12. Section 10-3-503.5 (Accessory Dwelling Units) of Article 5 (One-Family Residential Zone (R-1.X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code is hereby amended to read as follows:
“10-3-503.5: ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS:

Accessory dwelling and junior accessory dwelling units shall be permitted in zone R-1.X provided the criteria set forth in article 50 of this chapter are satisfied or a minor accommodation is issued pursuant to the procedure provided in article 50 of this chapter.” Section 13. Section 10-3-601 (Uses and Buildings Permitted) of Article 6 (One-Family Residential Zone (R-1.5)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code is hereby amended to read as follows:
“10-3-601: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.5 shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, small family daycare home, small community care facility, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "single-family residence", as -27-
B0785-0009\2911951v3.doc
defined in section 10-3-100 of this chapter, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-family residence. Use of a single-family residence or for a single-family transient use more than twice per calendar year is prohibited.”
Section 14. Section 10-3-603.5 (Accessory Dwelling Units) of Article 6 (One-Family Residential Zone (R-1.5)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code is hereby amended to read as follows:
“10-3-603.5: ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS:

Accessory dwelling units and junior accessory dwelling units shall be permitted in zone R1.5 provided the criteria set forth in article 50 of this chapter are satisfied or a minor accommodation is issued pursuant to the procedure provided in article 50 of this chapter.” Section 15. Subsection B of Section 10-3-604 (Restrictions on accessory buildings) of Article 6 (One-Family Residential Zone (R-1.5)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code is hereby amended to read as follows, with all other provisions of Section 10-3-604 remaining in effect without amendment:
“B. Notwithstanding the provisions of subsection A of this section, an accessory building lawfully constructed prior to September 26, 2003, may provide complete, independent living facilities (including kitchen facilities) without otherwise conforming to the accessory dwelling unit or junior accessory dwelling unit standards set forth in article 50 of this chapter, provided the property owner has recorded a covenant in a form satisfactory to the -28-
B0785-0009\2911951v3.doc
city attorney restricting the use of the site to one bona fide housekeeping unit or was otherwise lawfully constructed in conformance with the applicable codes in effect at the time of construction. Notwithstanding any other provision of this code, any such accessory structure may be maintained indefinitely and may be altered or expanded without otherwise complying with the regulations applicable to accessory dwelling units or junior accessory dwelling units.”
Section 16. Section 10-3-701 (Uses and Buildings Permitted) of Article 7 (One-Family Residential Zone (R-1.5X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code is hereby amended to read as follows:
“10-3-701: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.5X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, small family daycare home, small community care facility, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "single-family residence", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-family residence. Use of a single-family residence for a single-family transient use more than twice per calendar year is prohibited.”
Section 17. Section 10-3-702.5 (Accessory Dwelling Units) of Article 7 (One-Family Residential Zone (R-1.5X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code is hereby amended to read as follows:
-29-
B0785-0009\2911951v3.doc
“10-3-702.5: ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS:

Accessory dwelling units and junior accessory dwelling units shall be permitted in zone R1.5X provided the criteria set forth in article 4 of this chapter are satisfied or a minor accommodation is issued pursuant to the procedure provided in said article 50 of this chapter.”
Section 18. Section 10-3-801 (Uses and Buildings Permitted) of Article 8 (One-Family Residential Zone (R-1.5X2)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code is hereby amended to read as follows:
“10-3-801: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.5X2 shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, small family daycare home, small community care facility, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "single-family residence", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-family residence. Use of a single-family residence a single-family transient use more than twice per calendar year is prohibited.”
-30-
B0785-0009\2911951v3.doc
Section 19. Section 10-3-803.5 (Accessory Dwelling Units) of Article 8 (One-Family Residential Zone (R-1.5X2)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code is hereby amended to read as follows:
“10-3-803.5: ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS:

Accessory dwelling units and junior accessory dwelling units shall be permitted in zone R1.5X2 provided the criteria set forth in article 50 of this chapter are satisfied or a minor accommodation is issued pursuant to the procedure provided in article 50 of this chapter.” Section 20. Section 10-3-901 (Uses and Buildings Permitted) of Article 9 (One-Family Residential Zone (R-1.6X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning of the Beverly Hills Municipal Code is hereby amended to read as follows:
“10-3-901: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.6X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, small family daycare home, small community care facility, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "single-family residence", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-family residence. Use of a single-family residence for a single-family transient use more than twice per calendar year is prohibited.”
-31-
B0785-0009\2911951v3.doc
Section 21. Section 10-3-902.5 (Accessory Dwelling Units) of Article 9 (One-Family Residential Zone (R-1.6X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning of the Beverly Hills Municipal Code is hereby amended to read as follows:
“10-3-902.5: ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS:

Accessory dwelling units and junior accessory dwelling units shall be permitted in zone R1.6X provided the criteria set forth in article 50 of this chapter are satisfied or a minor accommodation is issued pursuant to the procedure provided in article 50 of this chapter.” Section 22. Section 10-3-1001 (Uses and Buildings Permitted) of Article 10 (OneFamily Residential Zone (R-1.7X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code is hereby amended to read:
“10-3-1001: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.7X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, small family daycare home, small community care facility, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "single-family residence", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is permitted to commence two times per calendar year for each single-family residence. Use of a singlefamily residence for a single-family transient use more than twice per calendar year is prohibited.”
-32-
B0785-0009\2911951v3.doc
Section 23. Section 10-3-1002.5 (Accessory Dwelling Units) of Article 10 (One-Family Residential Zone (R-1.7X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code is hereby amended to read:
“10-3-1002.5: ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS:

Accessory dwelling units and junior accessory dwelling units shall be permitted in zone R1.7X provided the criteria set forth in article 50 of this chapter are satisfied or a minor accommodation is issued pursuant to the procedure provided in article 50 of this chapter.” Section 24. Section 10-3-1101 (Uses and Buildings Permitted) of Article 11 (OneFamily Residential Zone (R-1.8X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code is hereby amended to read as follows:
“10-3-1101: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.8X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, small family daycare home, small community care facility, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "single-family residence", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is permitted to commence two times per calendar year for each single-family residence. Use of a singlefamily residence for a single-family transient use more than twice per calendar year is prohibited.”
-33-
B0785-0009\2911951v3.doc
Section 25. Section 10-3-1102.5 (Accessory Dwelling Units) of Article 11 (One-Family Residential Zone (R-1.8X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code is hereby amended to read as follows:
“10-3-1102.5: ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS:

Accessory dwelling units and junior accessory dwelling units shall be permitted in zone R1.8X provided the criteria set forth in article 50 of this chapter are satisfied or a minor accommodation is issued pursuant to the procedure provided in article 50 of this chapter.” Section 26. Section 10-3-1202 (Uses and Buildings Permitted) of Article 12 (Multiple Residential Zone (R-4) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code is hereby amended to read as follows:
“10-3-1202: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-4 shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose other than as a public library, a single- or multiple-family dwelling and the usual and customary accessory and appurtenant uses thereto including accessory dwelling units and junior accessory dwelling units subject to the criteria in article 50 of this chapter; a small community care facility; or transitional or supportive housing structured as a single-family residence or as a multiple-family dwelling.”
Section 27. Subsection B of Section 10-3-2406 (Side Setbacks) of Article 24 (SingleFamily Residential Development Standards for the Central Area of the City) of Chapter 3 (Zoning) of -34-
B0785-0009\2911951v3.doc
Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code is hereby amended to read as follows, with all other provisions of Section 10-3-2406 remaining in effect without amendment:

B. “South Of Santa Monica Boulevard: Except as otherwise provided in this section, the minimum side setback for buildings located south of Santa Monica Boulevard shall be five feet (5') on one side. On the other side, the minimum side setback shall be nine feet (9'). Encroachments in side setbacks otherwise permitted pursuant to section 10-3-2409 of this chapter may not be permitted in this nine foot (9') setback area except for: 1) roof eaves pursuant to subsection 10- 3-2409B of this chapter, and 2) encroachments along the side property line for side yard fences, walls, or hedges, provided that a flat area with a minimum width of nine feet (9') is maintained between the side property line wall, fence or hedge, and any structure or building. Parking, including a porte-cochere covering said parking may be provided in this nine foot (9') setback area pursuant to section 10-3-2419 of this chapter.

1. Exception: The setback requirements set forth in this subsection B shall not be applicable to: a) any corner lot, b) those site areas located south of Olympic Boulevard and west of Roxbury Drive, nor c) those site areas located south of Olympic Boulevard and east of Doheny Drive.
a.Corner Lots And All Lots South Of Olympic Boulevard And West Of Roxbury Drive:

The side setbacks for all corner lots located southerly of Santa Monica Boulevard and those site areas located southerly of Olympic Boulevard and westerly of Roxbury Drive shall be at least five feet (5'). In addition, the sum of the side setbacks adjacent to the two (2) longest side lot lines shall be at least twenty percent (20%) of the lot width. -35-
B0785-0009\2911951v3.doc
b.South Of Olympic Boulevard And East Of Doheny Drive: The side setbacks for site areas southerly of Olympic Boulevard and easterly of Doheny Drive shall be five feet (5').

2. Exception; Two Or More Lots: For those buildings located on site areas that consist of two or more lots as subdivided on July 3, 1984, the side setback shall be ten feet (10') plus ten percent (10%) of the width of the lot in excess of one hundred feet (100').

3. Exception; Accessory Dwelling Units. Accessory dwelling units and junior accessory dwelling units are permitted encroachments in the nine foot (9') setback area pursuant to article 50 of this chapter.”
Section 28. Section 10-3-302 (Permitted And Conditionally Permitted Uses For Residential Zoning Districts And Zoning District Overlays) of Article 3 (Establishment of Zones; Permitted and Conditionally Permitted Uses) of Chapter 3 of Title 10 of the Beverly Hills Municipal Code is hereby amended to read as follows:
“10-3-302: PERMITTED AND CONDITIONALLY PERMITTED USES FOR RESIDENTIAL ZONING DISTRICTS AND ZONING DISTRICT OVERLAYS:

The following charts establish permitted uses and conditionally permitted uses in all residential zoning districts and zoning district overlays:

A. Single-Family Residential Zones: Except as otherwise provided in this article, no lot, premises, building or portion thereof in a single-family residential zone shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except:

ALLOWED USES AND PERMIT REQUIREMENTS FOR SINGLE-FAMILY

RESIDENTIAL ZONING DISTRICTS AND ZONING DISTRICT OVERLAYS -36-
B0785-0009\2911951v3.doc
P = Permitted use UP = Use permit CUP = Conditional use permit R-1 R-1.X R-1.5 R-1.5X R1.5X2 R-1.6X R1.7XR1.8X
Accessory dwelling
units and junior
accessory dwelling
units (subject to
article 50 of this
chapter)

P P P P P P P P
Single-family
dwelling P P P P P P P P
Transitional and
supportive housing1
:

Singlefamily
structure

P P P P P P P P
Family daycare
home:

Small P P P P P P P P
Large
(subject to
section
10-3-408
of this
chapter)

UP UP UP UP UP UP UP UP
Community care
facility2 (state
licensed):

Small
(serving
6 or
fewer)

P P P P P P P P
Educational
Institutions
CUP CUP3 CUP CUP3
Museums CUP CUP CUP

-37-
B0785-0009\2911951v3.doc
Public utility uses
(except as provided in
section 10-3-2754 of
this chapter)

CUP CUP CUP
Religious institutions CUP CUP
Public libraries CUP
Publicly owned
playgrounds
CUP
Home occupations
(subject to section 10-
3-4303 of this chapter)

P P P P P P P
Single-family
transient use4
P
4 P
4 P
4 P
4 P
4 P
4 P4 P4
Notes:

1. Transitional or supportive housing is permitted in residential zones subject to the same standards as similar residential uses; therefore, if such housing is configured as a single-family residence, it is regulated as such and is subject to all regulations applied to residences in the single-family residential zone where it is located.

2. For the purposes of this section, residential care facilities for the elderly, as defined in state law, shall be treated the same as community care facilities.

3. Public educational institutions only.

4. A single-family transient use of a "single-family residence" by a single housekeeping unit is permitted to commence two times per calendar year for each single-family residence. Use of a single-family residence for a single-family transient use more than twice per calendar year is prohibited. -38-
B0785-0009\2911951v3.doc
B. Multiple-Family Residential Zones: Except as otherwise provided in this article, no lot, premises, building or portion thereof in a multiple-family residential zone shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except:

ALLOWED USES AND PERMIT REQUIREMENTS FOR MULTIPLE-FAMILY

RESIDENTIAL ZONES AND ZONING DISTRICT OVERLAYS
P = Permitted use CUP = Conditional use permit
R
-4
RMCP
Special
Needs
Housing
Overlay
Zone4
R4X1R4X2R3 R4-P
Single-family dwelling

P P P P P
Accessory dwelling units and
junior accessory dwelling
units (subject to article 50 of
this chapter)

P P P P P P
Multiple-family dwellings P P P P P P
Transitional and supportive
housing:

Singlefamily
structure
P
1 P
1 P
1 P
1 Multifamily
structure
P
1 P
1 P
1 P
1 P
1 Emergency shelters
(subject to section 10-3-
1275 of this chapter)
P
-39-
B0785-0009\2911951v3.doc
Single room occupancy
housing (SRO) CUP
Community care facilities2
(state licensed):

Small (6
or fewer) P P P P
Large (7
or more) CUP CUP CUP CUP CUP
Public library P P P
Childcare uses licensed
pursuant to state law CUP CUP CUP CUP
Educational institutions CUP CUP CUP CUP
Multiple-family
congregate housing for the
elderly or disabled
pursuant to article

12.8 of this chapter
CUP
Multiple-family housing
for the elderly or disabled
pursuant to article 12.5 of
this chapter

CUP CUP CUP CUP
Museums CUP CUP CUP CUP
Public utility uses3

CUP CUP CUP CUP
Religious institutions CUP CUP CUP CUP
Restaurants located in
nonconforming hotels
(subject to section 10-3-
1207 of this chapter)

CUP CUP CUP CUP
Convenience retail uses
(subject to section 10-3-
1233 of this chapter)
CUP
Public parking uses CUP
Ancillary retail uses5
P
Ancillary parking facilities5
P
Notes:

1. Transitional or supportive housing is permitted in residential zones subject to the same standards as similar residential uses; therefore, if such housing is -40-
B0785-0009\2911951v3.doc
configured as a multiple-family residence, it is regulated as such and is subject to all regulations applied to residences in the multiple-family residential zone where it is located.

2. For the purposes of this section, residential care facilities for the elderly, as defined in state law, shall be treated the same as community care facilities.

3. Except as provided in section 10-3-2754 of this chapter.

4. Uses allowed in the special needs housing overlay zone are in addition to any use allowed in the underlying zoning district.

5. If approved by the planning commission as part of a planned development pursuant to article 18.4 of this chapter.”
Section 29. A new Subsection U is hereby added to Section 10-3-3600 (Accommodations That May Be Granted) of Article 36 (Minor Accommodations to Certain Development Standards) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code is hereby to read as follows, with all other provisions in Section 10-3-3600 remaining in effect without amendment:
“U. Section 10-3-5000 regarding accessory dwelling unit development standards.” Section 30. CEQA. The City Council finds and determines that this Ordinance is not subject to the requirements of the California Environmental Quality Act (CEQA) because this Ordinance implements the provisions of Government Code Section 65852.2 and is therefore exempt from CEQA pursuant to Public Resources Code Section 21080.17 and California Code of Regulations Title 14, Section 15282(h). To the extent that any provisions of this Ordinance are not exempt pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h), the amendments are not subject to CEQA pursuant to CEQA Guidelines Section 15061(b)(3), because it can be seen -41-
B0785-0009\2911951v3.doc
with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

Section 31. Submittal of Ordinance. The Community Development Director shall submit a copy of the Ordinance to the Department of Housing and Community Development within sixty (60) days after adoption of this Ordinance.

Section 32. 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 33. 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. ///
///
///
-42-
B0785-0009\2911951v3.doc
Section 34. 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. The City Clerk is directed to certify to the enactment of this Ordinance and to cause this Ordinance to be published and/or posted as required by law.

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. 2049
1 RESOLUTION NO. 2049

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF BEVERLY HILLS RECOMMENDING ADOPTION OF

AN ORDINANCE OF THE CITY OF BEVERLY HILLS

AMENDING THE BEVERLY HILLS MUNICIPAL CODE TO

REGULATE ACCESSORY DWELLING UNITS AND JUNIOR

ACCESSORY DWELLING UNITS, AND FINDING THE

ORDINANCE TO BE EXEMPT UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
WHEREAS, the Planning Commission has considered the proposed Amendments to the City of Beverly Hills Municipal Code (“BHMC”), as set forth and attached hereto as Exhibit A (the “Amendments”); and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on January 25, 2024, at which time it received oral and documentary evidence relative to the proposed Amendments; and
WHEREAS, the Planning Commission finds that the proposed Amendments are required for the public health, safety, and general welfare, and that the Amendments are consistent with the general objectives, principles, and standards of the General Plan; NOW, THEREFORE, the Planning Commission of the City of Beverly Hills hereby finds, resolves, and determines as follows:

Section 1. In both 2019 and 2020, the State adopted legislation amending Government Code Sections 65852.2 and 65852.22 to limit the standards cities may impose on accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”). The state passed additional legislation effective Jan. 1, 2023 further amending the ADU and JADU laws. This Ordinance updates the City’s local standards to comply with the revisions to state law.

Section 2. The Planning Commission finds that the adoption of this Ordinance is consistent with the City’s General Plan because it fulfills the following Goals and Policies:

Land Use 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 (Land Use Policy 2.1).

Land Use Policy 3.2 (Fair Share of Regional Housing Needs): Help the City meet State requirements to accommodate the City's fair share of regional housing needs, contingent upon the ability to maintain the qualities that distinguish and contribute to the livability of the City and not unduly burden the City's fiscal resources.

DocuSign Envelope ID: 89FEA0B7-59E5-45AD-A721-4148B70495A2 2 Housing Policy H4.2 (Development Standards): Directs the City “evaluate and modify development standards as appropriate to better facilitate the provision of affordable housing.” Additionally, Implementation Program 10.4 (Accessory Dwelling Units) of the 2021 - 2029 Housing Element: Implement adoption an ordinance in 2023 that allows byright approval of ADUs in single family zones that exceed state required minimums.

Housing Goal H2 (Housing Supply and Diversity): Update regulations for ADU and JADUs that contribute to the City’s housing ecosystem by providing options that are inherently different from traditional single- or multi-family units.

Housing Policy H 2.5 (Adoptive Reuse): Supports innovative strategies for the adaptive reuse of residential and commercial structures to provide for a wide range of housing types (H 2.5).

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 that this Ordinance is not subject to the requirements of the California Environmental Quality Act (CEQA) because this Ordinance implements the provisions of Government Code Section 65852.2 and is therefore exempt from CEQA pursuant to Public Resources Code Section 21080.17 and California Code of Regulations Title 14, Section 15282(h). To the extent that any provisions of this Ordinance are not exempt pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h), the amendments are not subject to CEQA pursuant to CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

Section 4. The Planning Commission hereby recommends to the City Council review the ordinance approving and enacting the proposed Amendments substantially as set forth in Exhibit A, which is attached hereto and incorporated herein by reference. //
//
//
//
//
//
//
//
DocuSign Envelope ID: 89FEA0B7-59E5-45AD-A721-4148B70495A2 3 Section 5. 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: January 25, 2024
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 Assistant Director / City Planner Community Development Department
EXHIBIT A: Draft Ordinance
DocuSign Envelope ID: 89FEA0B7-59E5-45AD-A721-4148B70495A2 4 EXHIBIT A
[DRAFT] ORDINANCE NO. ____

AN ORDINANCE OF THE CITY OF BEVERLY HILLS

AMENDING THE BEVERLY HILLS MUNICIPAL CODE TO

REGULATE ACCESSORY DWELLING UNITS AND JUNIOR

ACCESSORY DWELLING UNITS, AND FINDING THE

ORDINANCE TO BE EXEMPT UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT

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

Section 1. In both 2019 and 2020, the State adopted legislation amending Government Code Sections 65852.2 and 65852.22 to limit the standards cities may impose on accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”). The state passed additional legislation effective Jan. 1, 2023 and 2024 further amending the ADU and JADU laws.

This Ordinance updates the City’s local standards to comply with the revisions to state law.

Section 2. The Planning Commission considered this Ordinance on January 25, 2024, at a duly noticed public hearing, as prescribed by law, at which time City staff and interested persons had an opportunity to and did testify either in support or against this matter. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 2049, recommending approval of the Ordinance by the City Council.

Section 3. The City Council, at a regular meeting, considered the Ordinance on ________, 2024, at a duly noticed public hearing, as prescribed by law, at which time City staff and interested persons had an opportunity to and did testify either in support or against this matter.

DocuSign Envelope ID: 89FEA0B7-59E5-45AD-A721-4148B70495A2 5 Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council.

Section 4. The City Council finds that the adoption of this Ordinance is consistent with the General Plan because it fulfills the following General Plan Goals and Policies:

Land Use 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 (Land Use Policy 2.1).

Land Use Policy 3.2 (Fair Share of Regional Housing Needs): Help the City meet State requirements to accommodate the City's fair share of regional housing needs, contingent upon the ability to maintain the qualities that distinguish and contribute to the livability of the City and not unduly burden the City's fiscal resources.

Housing Policy H4.2 (Development Standards): Directs the City “evaluate and modify development standards as appropriate to better facilitate the provision of affordable housing.” Additionally, Implementation Program 10.4 (Accessory Dwelling Units) of the 2021 - 2029 Housing Element: Implement adoption an ordinance in 2023 that allows byright approval of ADUs in single family zones that exceed state required minimums.

Housing Goal H2 (Housing Supply and Diversity): Update regulations for ADU and JADUs that contribute to the City’s housing ecosystem by providing options that are inherently different from traditional single- or multi-family units.

DocuSign Envelope ID: 89FEA0B7-59E5-45AD-A721-4148B70495A2 6 Housing Policy H 2.5 (Adoptive Reuse): Supports innovative strategies for the adaptive reuse of residential and commercial structures to provide for a wide range of housing types (H 2.5).

Section 5. A new definition of “Junior Accessory Dwelling Unit” is hereby added to Section 10-3-100 (Words Defined) in Article 1 (Definitions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code to read as follows between the defined terms definitions of “Interior side setback” and “Large Family Daycare Home” “JUNIOR ACCESSORY DWELLING UNIT (JADU): a residential unit that is no more than 500 square feet in size and is contained entirely within an existing or proposed singlefamily dwelling. An enclosed use within the dwelling, such as an attached garage, is considered to be a part of and contained within the single-family dwelling:

Section 6. The definition of “Accessory Dwelling Unit” in Section 10-3-100 (Words Defined) in Article 1 (Definitions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code is hereby amended to read as follows:
“ACCESSORY DWELLING UNIT (ADU): An attached or detached residential dwelling unit which provides complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation, and is located on the same site area as the primary dwelling. An accessory dwelling unit shall not include an accessory structure lawfully constructed prior to September 26, 2003, which provides independent living facilities, provided the use of the accessory structure is restricted by a covenant as described in Section 10-3-403 or 10-3-604 of this chapter or DocuSign Envelope ID: 89FEA0B7-59E5-45AD-A721-4148B70495A2 7 was otherwise lawfully constructed in conformance with the applicable codes in effect at the time of construction.”
Section 7. Existing Section 10-3-409 (Accessory Dwelling Units) in Article 4 (OneFamily Residential Zone (R-1)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code is hereby repealed.

Section 8. A new Article 50 (Accessory Dwelling Units and Junior Accessory Dwelling Units) is hereby added to Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code to read as follows:
“ARTICLE 50. ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS
10-3-5000: BUILDING PERMIT ONLY ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS ON LOTS WITH SINGLE FAMILY DWELLINGS:

A. Building Permit Only Standards: Notwithstanding the use regulations of this chapter, accessory dwelling units and junior accessory dwelling units shall be permitted on any lot zoned residential or mixed-use with an existing single-family dwelling unit, or in conjunction with an application for a proposed single-family structure, provided the proposed accessory dwelling unit or junior accessory dwelling unit meets the following standards and requirements. Accessory dwelling units and junior accessory dwelling units that meet the standards in this section will be allowed to be constructed with a building permit only.

1. Number of Accessory Dwelling Units and Junior Accessory Dwelling Units Permitted:

One accessory dwelling unit and one junior accessory dwelling unit are allowed on any lot zoned for residential or mixed-use with an existing or proposed single-family dwelling.

DocuSign Envelope ID: 89FEA0B7-59E5-45AD-A721-4148B70495A2 8 2. Location: Detached accessory dwelling units must be located to the rear of the primary dwelling unit on the site. Attached accessory dwelling units must be contained entirely within or attached to an existing or newly proposed and constructed single-family structure.

Junior accessory dwelling units must be located in a single-family zone, contained entirely within an existing or proposed and constructed single-family structure, including enclosed structures such as attached garages. JADUs are prohibited in detached garages and accessory structures.

3. Site Area: There is no minimum site area for accessory dwelling units or junior accessory dwelling units.

4. Unit Size:
a. Attached or Detached Accessory Dwelling Units: An attached or detached accessory dwelling unit shall not be less than the minimum size for an efficiency unit, as defined in section 17958.1 of the California Health and Safety Code or any successor statute. 1) In the Central Area south of Santa Monica Boulevard, an attached or detached accessory dwelling unit shall not exceed a maximum floor area of 1,200 square feet, or the site’s remaining maximum allowable floor area, whichever is less. 2) In the Central Area north of Santa Monica Boulevard and the Hillside Area, an attached or detached accessory dwelling unit shall not exceed a maximum floor area of 1,400 square feet, or the site’s remaining maximum allowable floor area ratio, whichever is less.

DocuSign Envelope ID: 89FEA0B7-59E5-45AD-A721-4148B70495A2 9 3) In Trousdale Estates, an attached or detached accessory dwelling unit shall not exceed a maximum floor area of 850 square feet for a studio or one-bedroom unit and 1,000 square feet for any unit with more than one bedroom, or the site’s remaining maximum allowable floor area ratio, whichever is less.
b. Application of development standards, such as floor area ratio, may further limit the size of the accessory dwelling unit, but in no case shall the front setback, floor area ratio, open space, or site coverage requirement reduce an accessory dwelling unit to less than 800 square feet where there is no other alternative to comply, and only to the extent necessary to construct the accessory dwelling unit. c. Accessory Dwelling Units Converted from Existing or Proposed Space: If an accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a singlefamily dwelling or existing space of a single-family dwelling or accessory structure, the accessory dwelling unit shall not exceed the size of the existing space to be converted. If required for ingress and egress, conversion of an accessory structure may add up to 150 square feet beyond the physical dimensions of the existing structure.

Conversion of unenclosed accessory buildings or unenclosed accessory structures, such as patios, gazebos, breezeways, carports, porte cocheres, or similar structures shall not be allowed, however, shall comply with all applicable development standards for a new detached accessory dwelling units pursuant to section 10-3-5000 of this article. d. Junior Accessory Dwelling Unit: A junior accessory dwelling unit shall not exceed 500 square feet.

DocuSign Envelope ID: 89FEA0B7-59E5-45AD-A721-4148B70495A2 10 5. Floor Area Ratio Calculations: For accessory dwelling units and junior accessory dwelling units, the floor area of basements shall not be included when calculating floor area under this chapter, including the determination of maximum floor area ratio for the site. However, basement areas shall be counted for purposes of determining maximum floor area for proposed attached and detached accessory dwelling units exceeding 800 square feet.

6. Height:
a. Detached Accessory Dwelling Units: A detached accessory dwelling unit shall not exceed a maximum height of:
1) 22 feet in Central Area south of Santa Monica;
2) 25 feet in Central Area north of Santa Monica;
3) In the Hillside Area and Trousdale Estates, the maximum height shall be in accordance with the height limitations set forth in Government Code Section 65852.2, as amended from time to time.
4) Notwithstanding the foregoing, a detached accessory dwelling unit of up to twostories, located within the principal building area on an estate lot of at least twenty four thousand (24,000) square feet in the Central Area shall comply with the maximum height limit applicable to the primary dwelling structure on the site. b. Attached Accessory Dwelling Units and Junior Accessory Dwelling Units: An attached accessory dwelling unit or junior accessory dwelling unit shall be subject to the same height limitations applicable to the primary dwelling on the site.

DocuSign Envelope ID: 89FEA0B7-59E5-45AD-A721-4148B70495A2 11 7. Owner Occupancy, Rental, and Transfer:
a. An accessory dwelling unit or junior accessory dwelling unit may be rented, but shall not be sold, transferred or assigned separately from the primary single-family dwelling, except as provided in Government Code Section 65852.26. b. An accessory dwelling unit or junior accessory dwelling unit shall not be rented for a rental term of less than 30 consecutive days.
c. The owner of a property with a junior accessory dwelling unit shall reside in one of the dwelling units on the property. This owner-occupancy requirement shall not apply to a junior accessory dwelling unit owned by a governmental agency, land trust, or housing organization.

8. Parking:
a. One parking space shall be required for each accessory dwelling unit on a site.

However, no parking shall be required for any accessory dwelling unit in any of the following circumstances:
1) It is located within one-half (1/2) mile walking distance of public transit. 2) It is located within a historic district or on a property listed in a Register of Historic Resources (local, state, or national).
3) It is part of the proposed primary dwelling or converted from the existing space of a primary dwelling or existing accessory structure.

DocuSign Envelope ID: 89FEA0B7-59E5-45AD-A721-4148B70495A2 12 4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
5) When there is a City-approved and dedicated parking space for a car share vehicle located within one block of the accessory dwelling unit. b. Any required parking for an accessory dwelling unit may be provided as tandem parking on an existing driveway, including driveway areas within setback areas. c. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit constructed pursuant to the requirements of this section, the off-street parking spaces lost as a result of the demolition are not required to be replaced. For an accessory dwelling unit that will replace a detached garage, the building and demolition permits shall be reviewed and issued concurrently.
d. No parking is required for a junior accessory dwelling unit.

9. Setbacks:
a. In the Central Area, accessory dwelling units shall have side and rear setbacks of no less than four feet, except that no minimum side or rear setback is required for the portion of an accessory dwelling unit that abuts an alley. b. In the Hillside Area and Trousdale Estates, accessory dwelling units shall comply with all side and rear setback requirements applicable to the primary dwelling unit on the site, unless the required setbacks are more than four feet, in which case the DocuSign Envelope ID: 89FEA0B7-59E5-45AD-A721-4148B70495A2 13 maximum setback required shall be four feet from a side or rear property line. Where the rear or side portion of an accessory dwelling unit abuts an alley, no minimum setback is required.
c. Existing Structure Conversions or Replacement of Existing Structures with New Structures: No additional setback beyond the existing structure setback shall be required if the existing structure is not expanded or if the new structure is constructed within the same footprint of the existing structure and does not exceed the existing structure size and/or height. Conversion or replacement of unenclosed accessory buildings or unenclosed accessory structures, such as patios, gazebos, breezeways, carports, porte cocheres, or similar structures shall not be allowed, however, shall comply with all applicable development standards for a new detached accessory dwelling unit pursuant to section 10-3-5000 of this article.

10. Entrances: An entrance separate from the main entrance to the primary dwelling shall be provided for accessory dwelling units and junior accessory dwelling units. A junior accessory dwelling unit that does not include a bathroom separate from the primary dwelling shall additionally include an interior entry to the main living area of the primary dwelling.

11. Separation: Newly constructed ADUs shall be located no closer than 6 feet to any other building on the same site area, unless such separation would preclude the construction of an 800 square foot ADU pursuant to subsection A.4.c. of this section.

12. Required Features: Accessory dwelling units must provide complete, independent living facilities for sleeping, sanitation, and cooking. Junior Accessory dwelling units may have DocuSign Envelope ID: 89FEA0B7-59E5-45AD-A721-4148B70495A2 14 separate sanitation facilities, or may share sanitation facilities with the existing structure.

A junior accessory dwelling unit must include, at minimum, an efficiency kitchen containing (1) a cooking facility with kitchen appliances and (2) a food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

13. Maximum Site Density: Density limitations set forth in this municipal code shall not preclude the construction of accessory dwelling units that comply with the provisions of this code section.

14. Covenant Required:
a. Within 30 days of the issuance of building permit for an accessory dwelling unit pursuant to this article, the owner of record shall record a covenant, in a form satisfactory to the city attorney, which shall place future buyers on notice of the maximum size of the accessory dwelling unit as set forth in the approved plans, the required amount of off street parking, if any, to be provided for the accessory dwelling unit, that the accessory dwelling unit may not be sold, transferred or assigned separately from the primary dwelling unit except as provided in Government Code Section 65852.26, that the accessory dwelling unit shall not be rented for a rental period shorter than 30 days, and that such restrictions shall run with the land and be binding upon all future owners. The covenant shall be recorded in the official records of the county of Los Angeles, and a copy of the covenant shall be filed with the office of the city clerk.
b. Within 30 days of the issuance of building permit for a junior accessory dwelling unit, the owner of record shall record a covenant, in a form satisfactory to the city attorney, DocuSign Envelope ID: 89FEA0B7-59E5-45AD-A721-4148B70495A2 15 which shall place future buyers on notice of the maximum size of the junior accessory dwelling unit as set forth in the approved plans, the required amount of off street parking, if any, to be provided for the junior accessory dwelling unit, that the junior accessory dwelling unit may not be sold, transferred or assigned separately from the primary dwelling unit, that the junior accessory dwelling unit shall not be rented for a rental period shorter than 30 days, that the owner of the property must reside either in the primary dwelling or the junior accessory dwelling unit unless the owner is a governmental agency, land trust, or housing organization, and that such restrictions shall run with the land and be binding upon all future owners. The covenant shall be recorded in the official records of the county of Los Angeles, and a copy of the covenant shall be filed with the office of the city clerk.

15. Fire Sprinklers: An accessory dwelling unit or junior accessory dwelling unit shall not be required to provide fire sprinklers if they are not required for the primary dwelling, nor shall the construction of an accessory dwelling unit or junior accessory dwelling unit require fire sprinklers to be installed in the existing primary dwelling.

16. Fees and Charges: Any accessory dwelling unit or junior accessory dwelling unit shall not be considered new residential uses for purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit is constructed with a new single-family dwelling or the unit is constructed as a newly constructed detached unit. Further, no impact fees or park fees shall be levied upon accessory dwelling units that are less than 750 square feet in floor area or junior accessory dwelling units. Impact fees charged on accessory dwelling units of 750 square DocuSign Envelope ID: 89FEA0B7-59E5-45AD-A721-4148B70495A2 16 feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.

17. Utility Connections:
a. The applicant for any accessory dwelling unit or junior accessory dwelling unit approved pursuant to subsection A. 19. of this section, shall not be required to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family home. b. The applicant for any accessory dwelling unit or junior accessory dwelling unit that is not described in subsection A. 19. of this section, may be required to install a new or separate utility connection directly between the accessory dwelling unit and the utility, and consistent with Government Code section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit upon the water or sewer system, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system.

18. Historic Resources: Any accessory dwelling unit that has the potential to adversely impact a historical resource listed on the national register, California register of historic places, or the city of Beverly Hills register of historic properties, shall comply with and shall be designed and constructed in accordance with the "Secretary Of The Interior's Standards For The Treatment Of Historic Properties With Guidelines For Preserving, Rehabilitating, DocuSign Envelope ID: 89FEA0B7-59E5-45AD-A721-4148B70495A2 17 Restoring, And Reconstructing Historic Buildings" found at 36 CFR 68.3, as amended from time to time.

19. Conversion Of Existing or Proposed Space Of A Dwelling Or Existing Accessory Structure: Conversion of existing space or proposed wholly within a single-family dwelling or within an existing accessory structure into an accessory dwelling unit shall be permitted by right, provided that the proposed accessory dwelling unit has independent exterior access from the dwelling, and the side and rear setbacks are sufficient for fire safety.

20. Porches and Decks: No accessory dwelling unit shall have a porch or deck located more than three feet (3') above the finished grade. Rooftop decks shall not be permitted for accessory dwelling units.

21. Windows: Windows within 10 feet of a side or rear property line and the closest side property line shall be at located at least six feet above finished grade, or shall be awning style windows with the ability to open a maximum of six inches (6”) and shall be fitted with translucent glass.

B. Minor Accommodation: Any proposed ADU that does not conform to the below objective standards set forth in this Section 10-3-5000 may be permitted by the City with the approval of a minor accommodation permit, in accordance with Section 10-3-3600. U. A minor accommodation permit may not be granted for junior accessory dwelling units.

1. Exceptions: Approval of a minor accommodation for a proposed ADU shall not allow:
a. Rooftop decks.
b. Height in excess of the underlying zoning district applicable to the primary building area.

DocuSign Envelope ID: 89FEA0B7-59E5-45AD-A721-4148B70495A2 18 c. Floor area in excess of the underlying zoning district. d. Deviation from building or life safety codes.

2. Reviewing Authority: The director of community development may approve or conditionally approve a minor accommodation for an ADU for a discretionary request unrelated to height increases. However, the Planning Commission shall be the reviewing authority for any increase in height beyond the maximum allowable height limit in this article.

3. Referral to the Planning Commission: If, in the opinion of the director of community development, an application merits review by the planning commission, the director may refer such application to the planning commission, and the planning commission shall serve as the reviewing authority and shall conduct a noticed public hearing regarding the requested minor accommodation.

4. Required Findings for Discretionary Approval: The director of community development or Planning Commission may approve or conditionally approve a minor accommodation for an ADU subject to the following findings.
a. Compatibility: The requested accommodation will be compatible with the scale and massing of the streetscape and existing development in the neighborhood; b. No Adverse Impact or Detriment: The granting of the accommodation would not have a substantial adverse impact on or be detrimental to neighbors' access to light and air, neighbors’ privacy, adjacent properties, the garden quality of the city, or public welfare.

DocuSign Envelope ID: 89FEA0B7-59E5-45AD-A721-4148B70495A2 19 1) Specific Finding for Height Increases: In making a determination to increase height, the planning commission must look at such factors including, but not limited to, the impact of the accessory dwelling unit on the scale and massing as viewed from adjacent properties, the impact of the accessory dwelling unit on available light in neighboring yards, and the cumulative impact to adjacent properties from the proposed accessory dwelling unit in combination with existing accessory structures and accessory dwelling units in the vicinity.
10-3-5001. ACCESSORY DWELLING UNITS ON LOTS WITH MULTIPLE FAMILY DWELLINGS:

A. Building Permit Only Standards: Notwithstanding the use regulations of this chapter, accessory dwelling units shall be permitted on property in any lot zoned residential or mixed-use zone with an existing multi-family dwelling, or in conjunction with an application for a proposed and constructed multi-family dwelling, provided the proposed accessory dwelling unit meets the following standards and requirements. Accessory dwelling units that meet the standards in this section are permitted to be constructed with a building permit only.

1. Number of Accessory Dwelling Units Allowed:
a. Detached Accessory Dwelling Units: No more than two detached accessory dwelling units are allowed on a lot that has an existing or proposed multi-family dwelling. The detached accessory dwelling units may be newly constructed or converted from existing detached accessory structures. The two detached accessory dwelling units may be attached to one another; and
DocuSign Envelope ID: 89FEA0B7-59E5-45AD-A721-4148B70495A2 20 b. Conversion of Existing Non-Livable Multi-family Building Space to Accessory Dwelling Units: Portions of existing multi-family dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages may be converted to accessory dwelling units. Areas used for commercial or other activities that are intended for regular occupancy such as leasing offices, community rooms, or amenity spaces are not eligible for conversion. At least one conversion unit from non-livable space is allowed to be created on each site and the maximum number of units allowed shall not exceed 25 percent of the existing units on the site. For the purposes of calculating the number of allowable ADUs converted from non-livable space, the following shall apply:
1) Previously approved ADUs shall not count towards the number of existing multifamily dwellings; and 2) Fractions shall be rounded down to the next lower number of dwelling units, except that at least one ADU shall be allowed.
c.As an alternative to subsections 1a and 1b, one attached or livable area conversion accessory dwelling unit is allowed on a lot that has an existing or proposed multi-family dwelling.

2. Location: Detached accessory dwelling units shall be located behind the existing multifamily building on the site. Attached accessory dwelling units must be contained entirely within or attached to an existing or newly proposed and constructed multi-family structure.

DocuSign Envelope ID: 89FEA0B7-59E5-45AD-A721-4148B70495A2 21 3. Site Area: There is no minimum site area for accessory dwelling units or junior accessory dwelling units.

4. Unit Size:
a.Attached or Detached Accessory Dwelling Units: An attached or detached accessory dwelling unit shall not be less than the minimum size for an efficiency unit, as defined in section 17958.1 of the California Health and Safety Code or any successor statute and shall not exceed a maximum size 850 square feet for a studio or one-bedroom unit and 1,000 square feet for any unit with more than one bedroom. b.Application of development standards, such as floor area ratio, may further limit the size of the accessory dwelling unit, but in no case shall the front setback, floor area ratio, open space, or site coverage requirement reduce an accessory dwelling unit to less than 800 square feet where there is no other alternative to comply, and only to the extent necessary to construct the accessory dwelling unit.
c.Accessory Dwelling Units Converted from Existing or Proposed Livable Space: If an accessory dwelling unit is within the proposed space of a multi-family dwelling or existing space of a multi-family dwelling or accessory structure, the accessory dwelling unit shall not exceed the size of the existing space to be converted. If required for ingress and egress, conversion of an existing accessory structure may add up to 150 square feet beyond the physical dimensions of the existing structure. Conversion or replacement of unenclosed accessory buildings or unenclosed accessory structures, such as patios, gazebos, breezeways, carports, porte cocheres, or similar structures shall not be allowed, DocuSign Envelope ID: 89FEA0B7-59E5-45AD-A721-4148B70495A2 22 however, shall comply with all applicable development standards for a new detached accessory dwelling units pursuant to section 10-3-5001 of this article.

5. Parking Required:
a. Each accessory dwelling unit shall require the provision of one parking space.

However, no parking shall be required for any accessory dwelling unit in any of the following circumstances:
1) It is located within one-half (1/2) mile walking distance to public transit. 2) It is located within a historic district or on a property listed in a Register of Historic Resources (local, state, or national).
3) It is part of the proposed primary dwelling or converted from the existing space of a primary dwelling or existing accessory structure.
4) When on street parking permits are required but not offered to the occupant of the accessory dwelling unit.
5) When there is a City-approved and dedicated parking space for a car share vehicle located within one block of the accessory dwelling unit. b. Any required parking for an accessory dwelling unit may be provided as tandem parking on an existing driveway, including driveway areas within setback areas.

6. Demolition of Garages, Carports, Covered Parking Structures or Existing Structures: When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit constructed pursuant to the requirements of this DocuSign Envelope ID: 89FEA0B7-59E5-45AD-A721-4148B70495A2 23 section, the off street parking spaces lost as a result of the demolition are not required to be replaced. For an accessory dwelling unit that will replace a detached garage, the building and demolition permits shall be reviewed and issued concurrently.

7. Building Standards: All accessory dwelling units must meet all building code standards for dwelling units, including those that are converted from existing non-livable spaces within multi-family buildings.

8. Height:
a. Detached accessory dwelling units shall not exceed a height of 16 feet. Up to 18 feet in height may be allowed if the detached accessory dwelling unit is:
1) On a lot with a multistory dwelling; or
2) Located within one-half (½) mile walking distance of public transit. An additional two feet in height (up to 20 feet) is allowed only to accommodate a roof pitch that aligns with the primary multi-family dwelling.
b.Attached accessory dwelling units shall be subject to the same height limitations applicable to the primary dwelling structure on the site.

9. Setbacks.
a.Attached and detached accessory dwelling units shall have side and rear setbacks of no less than four feet.
b.For conversion of existing livable or non-livable space or garage no additional setback is required, beyond the existing provided setback.

DocuSign Envelope ID: 89FEA0B7-59E5-45AD-A721-4148B70495A2 24 c.For replacement of an existing enclosed structure or garage, no existing setback is required, beyond the existing setback provided. This provision shall only apply to ADUs that are replacing existing structures within the same footprint of the existing structure and do not exceed the existing structure size and/or height. However, replacement of the following accessory structures shall follow all applicable development standards for detached accessory dwelling units per section 10-3-5001:
unenclosed accessory buildings or unenclosed accessory structures, such as patios, gazebos, breezeways, carports, porte cocheres, or similar structures.

10. Maximum Site Density. Density limitations set forth in this municipal code shall not preclude the construction of accessory dwelling units that comply with the provisions of this code section.

11. Outdoor Living Space. Outdoor living space shall not be required for the construction of accessory dwelling units in multi-family or mixed-use residential zones.

12. Covenant Required: The owner of record shall record a deed restriction in a form satisfactory to the city attorney within thirty (30) days following the issuance of a building permit for the accessory dwelling unit. Within thirty (30) days of the issuance of building permit for an accessory dwelling unit pursuant to this article, the owner of record shall record a covenant, in a form satisfactory to the city attorney, which shall place future buyers on notice of the maximum size of the accessory dwelling unit is as set forth in this subsection A, the required amount of off street parking to be provided for the accessory dwelling unit, that the accessory dwelling unit may not be sold, transferred or assigned separately from the primary dwelling unit, and that such restrictions shall run with the land DocuSign Envelope ID: 89FEA0B7-59E5-45AD-A721-4148B70495A2 25 and be binding upon all future owners. The covenant shall be recorded in the official records of the county of Los Angeles, and a copy of the covenant shall be filed with the office of the city clerk.

13. Fire Sprinklers: An accessory dwelling unit shall not be required to provide fire sprinklers if they are not required for the primary dwelling, nor shall the construction of an accessory dwelling unit require fire sprinklers to be installed in the existing multi-family dwelling.

14. Fees and Charges For Utilities: Accessory dwelling units shall not be considered new residential uses for purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit is constructed with a new single-family dwelling. Further, no impact fees or park fees shall be levied upon accessory dwelling units that are less than 750 square feet in floor area.

Impact fees charged on accessory dwelling units of 750 square feet or more shall be charged proportionately in relation to the average square footage of the residential units within the multi-family dwelling.

15. Utility Connections:
a.The applicant for any accessory dwelling unit or junior accessory dwelling unit approved pursuant to subsection A. 16. of this section, shall not be required to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new multi-family home.

DocuSign Envelope ID: 89FEA0B7-59E5-45AD-A721-4148B70495A2 26 b.The applicant for any accessory dwelling unit that is not described in subsection A. 16. of this section, may be required to install a new or separate utility connection directly between the accessory dwelling unit and the utility, and consistent with Government Code section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit upon the water or sewer system, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system.

16. Conversion Of Existing or Proposed Space Of A Dwelling or Existing Accessory Structure:

Conversion of existing livable space or proposed wholly within a multi-family dwelling or within an existing accessory structure into an accessory dwelling unit shall be permitted by right, provided that the proposed accessory dwelling unit has independent exterior access from the dwelling, and the side and rear setbacks are sufficient for fire safety.

17. Porches and Decks: No accessory dwelling unit shall have a porch or deck located more than three feet (3') above the finished grade. Rooftop decks shall not be permitted for accessory dwelling units.

18. Windows: Windows within 10 feet of a side or rear property line and the closest side property line shall be at located at least six feet above finished grade, or shall be awning style windows with the ability to open a maximum of six inches (6”) and shall be fitted with translucent glass.

DocuSign Envelope ID: 89FEA0B7-59E5-45AD-A721-4148B70495A2 27 19. Historic Resources: Any accessory dwelling unit that has the potential to adversely impact a historical resource listed on the national register, California register of historic places, or the city of Beverly Hills register of historic properties, shall comply with and shall be designed and constructed in accordance with the "Secretary Of The Interior's Standards For The Treatment Of Historic Properties With Guidelines For Preserving, Rehabilitating, Restoring, And Reconstructing Historic Buildings" found at 36 CFR 68.3, as amended from time to time.”
Section 9. Section 10-3-401 (Uses and Buildings Permitted) of Article 4 (One-Family Residential Zone (R-1)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code is hereby amended to read as follows:
“10-3-401: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1 shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, small family daycare home, small community care facility, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "single-family residence", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-family residence. Use of a single-family residence for a single-family transient use more than twice per calendar year is prohibited.”
Section 10. Subsection B of Section 10-3-403 (Restrictions on Accessory Buildings) of Article 4 (One-Family Residential Zone (R-1)) of Chapter 3 (Zoning) of Title 10 (Planning and DocuSign Envelope ID: 89FEA0B7-59E5-45AD-A721-4148B70495A2 28 Zoning) of the Beverly Hills Municipal Code is hereby amended to read as follows, with all other provisions of Section 10-3-403 remaining in effect without amendment:
“ B. Notwithstanding the provisions of subsection A of this section, an accessory building lawfully constructed prior to September 26, 2003, may provide complete, independent living facilities (including kitchen facilities) without otherwise conforming to the accessory dwelling unit or junior accessory dwelling unit standards set forth in article 50 of this chapter, provided the property owner has recorded a covenant in a form satisfactory to the city attorney restricting the use of the site to one bona fide housekeeping unit or was otherwise lawfully constructed in conformance with the applicable codes in effect at the time of construction. Notwithstanding any other provision of this code, any such accessory structure may be maintained indefinitely and may be altered or expanded without otherwise complying with the regulations applicable to accessory dwelling units or junior accessory dwelling units.”
Section 11. Section 10-3-501 (Uses and Buildings Permitted) of Article 5 (One-Family Residential Zone (R-1.X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code is hereby amended to read as follows:
“10-3-501: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, small family daycare home, small community care facility, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "single-family residence", as DocuSign Envelope ID: 89FEA0B7-59E5-45AD-A721-4148B70495A2 29 defined in section 10-3-100 of this chapter, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-family residence. Use of a single-family residence for a single-family transient use more than twice per calendar year is prohibited.”
Section 12. Section 10-3-503.5 (Accessory Dwelling Units) of Article 5 (One-Family Residential Zone (R-1.X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code is hereby amended to read as follows:
“10-3-503.5: ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS:

Accessory dwelling and junior accessory dwelling units shall be permitted in zone R-1.X provided the criteria set forth in article 50 of this chapter are satisfied or a minor accommodation is issued pursuant to the procedure provided in article 50 of this chapter.” Section 13. Section 10-3-601 (Uses and Buildings Permitted) of Article 6 (One-Family Residential Zone (R-1.5)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code is hereby amended to read as follows:
“10-3-601: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.5 shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, small family daycare home, small community care facility, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "single-family residence", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-family residence. Use of a DocuSign Envelope ID: 89FEA0B7-59E5-45AD-A721-4148B70495A2 30 single-family residence or for a single-family transient use more than twice per calendar year is prohibited.”
Section 14. Section 10-3-603.5 (Accessory Dwelling Units) of Article 6 (One-Family Residential Zone (R-1.5)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code is hereby amended to read as follows:
“10-3-603.5: ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS:

Accessory dwelling units and junior accessory dwelling units shall be permitted in zone R1.5 provided the criteria set forth in article 50 of this chapter are satisfied or a minor accommodation is issued pursuant to the procedure provided in article 50 of this chapter.” Section 15. Subsection B of Section 10-3-604 (Restrictions on accessory buildings) of Article 6 (One-Family Residential Zone (R-1.5)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code is hereby amended to read as follows, with all other provisions of Section 10-3-604 remaining in effect without amendment:
“B. Notwithstanding the provisions of subsection A of this section, an accessory building lawfully constructed prior to September 26, 2003, may provide complete, independent living facilities (including kitchen facilities) without otherwise conforming to the accessory dwelling unit or junior accessory dwelling unit standards set forth in article 50 of this chapter, provided the property owner has recorded a covenant in a form satisfactory to the city attorney restricting the use of the site to one bona fide housekeeping unit or was otherwise lawfully constructed in conformance with the applicable codes in effect at the time of construction. Notwithstanding any other provision of this code, any such accessory DocuSign Envelope ID: 89FEA0B7-59E5-45AD-A721-4148B70495A2 31 structure may be maintained indefinitely and may be altered or expanded without otherwise complying with the regulations applicable to accessory dwelling units or junior accessory dwelling units.”
Section 16. Section 10-3-701 (Uses and Buildings Permitted) of Article 7 (One-Family Residential Zone (R-1.5X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code is hereby amended to read as follows:
“10-3-701: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.5X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, small family daycare home, small community care facility, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "single-family residence", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-family residence. Use of a single-family residence for a single-family transient use more than twice per calendar year is prohibited.”
Section 17. Section 10-3-702.5 (Accessory Dwelling Units) of Article 7 (One-Family Residential Zone (R-1.5X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code is hereby amended to read as follows:
“10-3-702.5: ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS:

DocuSign Envelope ID: 89FEA0B7-59E5-45AD-A721-4148B70495A2 32 Accessory dwelling units and junior accessory dwelling units shall be permitted in zone R1.5X provided the criteria set forth in article 4 of this chapter are satisfied or a minor accommodation is issued pursuant to the procedure provided in said article 50 of this chapter.”
Section 18. Section 10-3-801 (Uses and Buildings Permitted) of Article 8 (One-Family Residential Zone (R-1.5X2)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code is hereby amended to read as follows:
“10-3-801: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.5X2 shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, small family daycare home, small community care facility, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "single-family residence", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-family residence. Use of a single-family residence a single-family transient use more than twice per calendar year is prohibited.”
Section 19. Section 10-3-803.5 (Accessory Dwelling Units) of Article 8 (One-Family Residential Zone (R-1.5X2)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code is hereby amended to read as follows:

DocuSign Envelope ID: 89FEA0B7-59E5-45AD-A721-4148B70495A2 33 “10-3-803.5: ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS:

Accessory dwelling units and junior accessory dwelling units shall be permitted in zone R1.5X2 provided the criteria set forth in article 50 of this chapter are satisfied or a minor accommodation is issued pursuant to the procedure provided in article 50 of this chapter.” Section 20. Section 10-3-901 (Uses and Buildings Permitted) of Article 9 (One-Family Residential Zone (R-1.6X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning of the Beverly Hills Municipal Code is hereby amended to read as follows:
“10-3-901: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.6X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, small family daycare home, small community care facility, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "single-family residence", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-family residence. Use of a single-family residence for a single-family transient use more than twice per calendar year is prohibited.”
Section 21. Section 10-3-902.5 (Accessory Dwelling Units) of Article 9 (One-Family Residential Zone (R-1.6X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning of the Beverly Hills Municipal Code is hereby amended to read as follows:

DocuSign Envelope ID: 89FEA0B7-59E5-45AD-A721-4148B70495A2 34 “10-3-902.5: ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS:

Accessory dwelling units and junior accessory dwelling units shall be permitted in zone R1.6X provided the criteria set forth in article 50 of this chapter are satisfied or a minor accommodation is issued pursuant to the procedure provided in article 50 of this chapter.” Section 22. Section 10-3-1001 (Uses and Buildings Permitted) of Article 10 (OneFamily Residential Zone (R-1.7X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code is hereby amended to read:
“10-3-1001: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.7X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, small family daycare home, small community care facility, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "single-family residence", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is permitted to commence two times per calendar year for each single-family residence. Use of a singlefamily residence for a single-family transient use more than twice per calendar year is prohibited.”
Section 23. Section 10-3-1002.5 (Accessory Dwelling Units) of Article 10 (One-Family Residential Zone (R-1.7X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code is hereby amended to read:
“10-3-1002.5: ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS:

DocuSign Envelope ID: 89FEA0B7-59E5-45AD-A721-4148B70495A2 35 Accessory dwelling units and junior accessory dwelling units shall be permitted in zone R1.7X provided the criteria set forth in article 50 of this chapter are satisfied or a minor accommodation is issued pursuant to the procedure provided in article 50 of this chapter.” Section 24. Section 10-3-1101 (Uses and Buildings Permitted) of Article 11 (OneFamily Residential Zone (R-1.8X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code is hereby amended to read as follows:
“10-3-1101: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.8X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, small family daycare home, small community care facility, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "single-family residence", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is permitted to commence two times per calendar year for each single-family residence. Use of a singlefamily residence for a single-family transient use more than twice per calendar year is prohibited.”
Section 25. Section 10-3-1102.5 (Accessory Dwelling Units) of Article 11 (One-Family Residential Zone (R-1.8X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code is hereby amended to read as follows:

DocuSign Envelope ID: 89FEA0B7-59E5-45AD-A721-4148B70495A2 36 “10-3-1102.5: ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS:

Accessory dwelling units and junior accessory dwelling units shall be permitted in zone R1.8X provided the criteria set forth in article 50 of this chapter are satisfied or a minor accommodation is issued pursuant to the procedure provided in article 50 of this chapter.” Section 26. Section 10-3-1202 (Uses and Buildings Permitted) of Article 12 (Multiple Residential Zone (R-4) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code is hereby amended to read as follows:
“10-3-1202: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-4 shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose other than as a public library, a single- or multiple-family dwelling and the usual and customary accessory and appurtenant uses thereto including accessory dwelling units and junior accessory dwelling units subject to the criteria in article 50 of this chapter; a small community care facility; or transitional or supportive housing structured as a single-family residence or as a multiple-family dwelling.”
Section 27. Subsection B of Section 10-3-2406 (Side Setbacks) of Article 24 (SingleFamily Residential Development Standards for the Central Area of the City) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code is hereby amended to read as follows, with all other provisions of Section 10-3-2406 remaining in effect without amendment:

B. “South Of Santa Monica Boulevard: Except as otherwise provided in this section, the minimum side setback for buildings located south of Santa Monica Boulevard shall be five feet (5') on DocuSign Envelope ID: 89FEA0B7-59E5-45AD-A721-4148B70495A2 37 one side. On the other side, the minimum side setback shall be nine feet (9'). Encroachments in side setbacks otherwise permitted pursuant to section 10-3-2409 of this chapter may not be permitted in this nine foot (9') setback area except for: 1) roof eaves pursuant to subsection 10- 3-2409B of this chapter, and 2) encroachments along the side property line for side yard fences, walls, or hedges, provided that a flat area with a minimum width of nine feet (9') is maintained between the side property line wall, fence or hedge, and any structure or building. Parking, including a porte-cochere covering said parking may be provided in this nine foot (9') setback area pursuant to section 10-3-2419 of this chapter.

1. Exception: The setback requirements set forth in this subsection B shall not be applicable to: a) any corner lot, b) those site areas located south of Olympic Boulevard and west of Roxbury Drive, nor c) those site areas located south of Olympic Boulevard and east of Doheny Drive.
a.Corner Lots And All Lots South Of Olympic Boulevard And West Of Roxbury Drive:

The side setbacks for all corner lots located southerly of Santa Monica Boulevard and those site areas located southerly of Olympic Boulevard and westerly of Roxbury Drive shall be at least five feet (5'). In addition, the sum of the side setbacks adjacent to the two (2) longest side lot lines shall be at least twenty percent (20%) of the lot width. b.South Of Olympic Boulevard And East Of Doheny Drive: The side setbacks for site areas southerly of Olympic Boulevard and easterly of Doheny Drive shall be five feet (5').

2. Exception; Two Or More Lots: For those buildings located on site areas that consist of two or more lots as subdivided on July 3, 1984, the side setback shall be ten feet (10') plus ten percent (10%) of the width of the lot in excess of one hundred feet (100').

DocuSign Envelope ID: 89FEA0B7-59E5-45AD-A721-4148B70495A2 38 3. Exception; Accessory Dwelling Units. Accessory dwelling units and junior accessory dwelling units are permitted encroachments in the nine foot (9') setback area pursuant to article 50 of this chapter.”
Section 28. Section 10-3-302 (Permitted And Conditionally Permitted Uses For Residential Zoning Districts And Zoning District Overlays) of Article 3 (Establishment of Zones; Permitted and Conditionally Permitted Uses) of Chapter 3 of Title 10 of the Beverly Hills Municipal Code is hereby amended to read as follows:
“10-3-302: PERMITTED AND CONDITIONALLY PERMITTED USES FOR RESIDENTIAL ZONING DISTRICTS AND ZONING DISTRICT OVERLAYS:

The following charts establish permitted uses and conditionally permitted uses in all residential zoning districts and zoning district overlays:

A. Single-Family Residential Zones: Except as otherwise provided in this article, no lot, premises, building or portion thereof in a single-family residential zone shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except:

ALLOWED USES AND PERMIT REQUIREMENTS FOR SINGLE-FAMILY

RESIDENTIAL ZONING DISTRICTS AND ZONING DISTRICT OVERLAYS P = Permitted use UP = Use permit CUP = Conditional use permit R-1 R-1.X R-1.5 R-1.5X R1.5X2 R-1.6X R1.7XR1.8X
Accessory dwelling
units and junior
accessory dwelling
units (subject to
article 50 of this
chapter)

P P P P P P P P
DocuSign Envelope ID: 89FEA0B7-59E5-45AD-A721-4148B70495A2 39 Single-family
dwelling P P P P P P P P
Transitional and
supportive housing1
:

Singlefamily
structure

P P P P P P P P
Family daycare
home:

Small P P P P P P P P
Large
(subject to
section
10-3-408
of this
chapter)

UP UP UP UP UP UP UP UP
Community care
facility2 (state
licensed):

Small
(serving
6 or
fewer)

P P P P P P P P
Educational
Institutions
CUP CUP3 CUP CUP3
Museums CUP CUP CUP
Public utility uses
(except as provided in
section 10-3-2754 of
this chapter)

CUP CUP CUP
Religious institutions CUP CUP
Public libraries CUP
Publicly owned
playgrounds
CUP

DocuSign Envelope ID: 89FEA0B7-59E5-45AD-A721-4148B70495A2 40 Home occupations
(subject to section 10-
3-4303 of this chapter)

P P P P P P P
Single-family
transient use4
P
4 P
4 P
4 P
4 P
4 P
4 P4 P4
Notes:

1. Transitional or supportive housing is permitted in residential zones subject to the same standards as similar residential uses; therefore, if such housing is configured as a single-family residence, it is regulated as such and is subject to all regulations applied to residences in the single-family residential zone where it is located.

2. For the purposes of this section, residential care facilities for the elderly, as defined in state law, shall be treated the same as community care facilities.

3. Public educational institutions only.

4. A single-family transient use of a "single-family residence" by a single housekeeping unit is permitted to commence two times per calendar year for each single-family residence. Use of a single-family residence for a single-family transient use more than twice per calendar year is prohibited.

B. Multiple-Family Residential Zones: Except as otherwise provided in this article, no lot, premises, building or portion thereof in a multiple-family residential zone shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except:

ALLOWED USES AND PERMIT REQUIREMENTS FOR MULTIPLE-FAMILY

RESIDENTIAL ZONES AND ZONING DISTRICT OVERLAYS
DocuSign Envelope ID: 89FEA0B7-59E5-45AD-A721-4148B70495A2 41 P = Permitted use CUP = Conditional use permit
R
-4
RMCP
Special
Needs
Housing
Overlay
Zone4
R4X1R4X2R3 R4-P
Single-family dwelling

P P P P P
Accessory dwelling units and
junior accessory dwelling
units (subject to article 50 of
this chapter)

P P P P P P
Multiple-family dwellings P P P P P P
Transitional and supportive
housing:

Singlefamily
structure
P
1 P
1 P
1 P
1 Multifamily
structure
P
1 P
1 P
1 P
1 P
1 Emergency shelters
(subject to section 10-3-
1275 of this chapter)
P
Single room occupancy
housing (SRO) CUP
Community care facilities2
(state licensed):

Small (6
or fewer) P P P P
Large (7
or more) CUP CUP CUP CUP CUP
Public library P P P
DocuSign Envelope ID: 89FEA0B7-59E5-45AD-A721-4148B70495A2 42 Childcare uses licensed
pursuant to state law CUP CUP CUP CUP
Educational institutions CUP CUP CUP CUP
Multiple-family
congregate housing for the
elderly or disabled
pursuant to article

12.8 of this chapter
CUP
Multiple-family housing
for the elderly or disabled
pursuant to article 12.5 of
this chapter

CUP CUP CUP CUP
Museums CUP CUP CUP CUP
Public utility uses3

CUP CUP CUP CUP
Religious institutions CUP CUP CUP CUP
Restaurants located in
nonconforming hotels
(subject to section 10-3-
1207 of this chapter)

CUP CUP CUP CUP
Convenience retail uses
(subject to section 10-3-
1233 of this chapter)
CUP
Public parking uses CUP
Ancillary retail uses5
P
Ancillary parking facilities5
P
Notes:

1. Transitional or supportive housing is permitted in residential zones subject to the same standards as similar residential uses; therefore, if such housing is configured as a multiple-family residence, it is regulated as such and is subject to all regulations applied to residences in the multiple-family residential zone where it is located.

2. For the purposes of this section, residential care facilities for the elderly, as defined in state law, shall be treated the same as community care facilities.

3. Except as provided in section 10-3-2754 of this chapter.

DocuSign Envelope ID: 89FEA0B7-59E5-45AD-A721-4148B70495A2 43 4. Uses allowed in the special needs housing overlay zone are in addition to any use allowed in the underlying zoning district.

5. If approved by the planning commission as part of a planned development pursuant to article 18.4 of this chapter.”
Section 29. A new Subsection U is hereby added to Section 10-3-3600 (Accommodations That May Be Granted) of Article 36 (Minor Accommodations to Certain Development Standards) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code is hereby to read as follows, with all other provisions in Section 10-3-3600 remaining in effect without amendment:
“U. Section 10-3-5000 regarding accessory dwelling unit development standards.” Section 30. CEQA. The City Council finds and determines that this Ordinance is not subject to the requirements of the California Environmental Quality Act (CEQA) because this Ordinance implements the provisions of Government Code Section 65852.2 and is therefore exempt from CEQA pursuant to Public Resources Code Section 21080.17 and California Code of Regulations Title 14, Section 15282(h). To the extent that any provisions of this Ordinance are not exempt pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h), the amendments are not subject to CEQA pursuant to CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

Section 31. Submittal of Ordinance. The Community Development Director shall submit a copy of the Ordinance to the Department of Housing and Community Development within sixty (60) days after adoption of this Ordinance.

DocuSign Envelope ID: 89FEA0B7-59E5-45AD-A721-4148B70495A2 44 Section 32. 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 33. 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. //
//
//
//
//
//
//
//
//
//
//
//
//
//
DocuSign Envelope ID: 89FEA0B7-59E5-45AD-A721-4148B70495A2 45 Section 34. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk is directed to certify to the enactment of this Ordinance and to cause this Ordinance to be published and/or posted as required by law.

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
DocuSign Envelope ID: 89FEA0B7-59E5-45AD-A721-4148B70495A2

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. 2049 duly passed, approved and adopted by the Planning Commission of said City at a meeting of said Commission on January 25, 2024, 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 Milkowski, Wolfe, Demeter, Chair Ross NOES: None
ABSTAIN: None
ABSENT: Vice Chair Kaplan
________________________________

KAREN MYRON
Recording Secretary of the
Planning Commission
City of Beverly Hills, California
DocuSign Envelope ID: 89FEA0B7-59E5-45AD-A721-4148B70495A2 Certificate Of Completion
Envelope Id: 89FEA0B759E545ADA7214148B70495A2 Status: Completed Subject: TIME SENSITIVE - Please DocuSign: PC Reso No. 2049 - ADU Ordinance.pdf Source Envelope:

Document Pages: 46 Signatures: 5 Envelope Originator:

Certificate Pages: 2 Initials: 0 Karen Myron
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.166
Record Tracking
Status: Original
2/28/2024 5:29:20 PM
Holder: Karen Myron
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Gary B. Ross
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 172.90.227.123
Sent: 2/28/2024 5:33:32 PM
Viewed: 2/29/2024 10:19:37 AM
Signed: 2/29/2024 10:19:43 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
David M. Snow
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 38.142.32.54
Sent: 2/29/2024 10:19:46 AM
Viewed: 2/29/2024 10:39:11 AM
Signed: 2/29/2024 10:39:24 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Masa Alkire
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.166
Sent: 2/29/2024 10:39:27 AM
Viewed: 3/1/2024 9:23:33 AM
Signed: 3/1/2024 9:23:44 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Karen Myron
[email protected]

COMM DEV COMMISSION SPECIALIST,

CD-PLANNING
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.166
Sent: 3/1/2024 9:23:46 AM
Viewed: 3/1/2024 2:20:43 PM
Signed: 3/1/2024 2:22:15 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 2/28/2024 5:33:32 PM
Certified Delivered Security Checked 3/1/2024 2:20:43 PM Signing Complete Security Checked 3/1/2024 2:22:15 PM
Completed Security Checked 3/1/2024 2:22:15 PM
Payment Events Status Timestamps
Attachment 3
ADU Development Standards: Current
State Law Vs. Proposed City Ordinance
Code Changes
City Council Staff Report
Accessory Dwelling Unit Ordinance Update
March 11, 2024

ADU STATE LAW REQUIREMENTS AND PROPOSED CODE CHANGES
Standard New State Law Requirements
(Effective 2020, 2021, and 2023)1
Proposed Code Change
[City-Specific Changes in Highlight]2
Lot Size No minimum No minimum
Zoning Permitted on all residential and
mixed-zone properties
Permitted on all residential and
mixed-zone properties
Setbacks
Attached and Detached:

Max. 4’ side/rear
Attached and Detached:
max. 4 FT side/rear,
no minimum side/rear required for
portion of an ADU on a single-family
lot abutting an alley3
Conversion:

No minimum
Conversion:

No minimum
Height
Detached:
16 - 20’ min.4
Detached:

Citywide: 16 – 20’ min.

Central Area south of Santa Monica
Blvd (Single-Family): 22’
Central Area north of Santa Monica
Blvd (Single-Family): 25’
Attached:
25’ or as high as underlying
zoning for primary dwelling,
whichever is lower
Attached:

Same height limits of underling zoning
for primary dwelling
Conversion: N/A Conversion: N/A
Estate Lots in Central Area:

Same height limits of underling
zoning for primary dwelling [includes
new detached ADUs]5
1 In absence of an updated ordinance, the City has been allowing and regulating ADU and JADU pursuant to these updated state law standards that went into effect in 2020, 2021, and 2023. 2 As recommended by the Planning Commission per the February 23, 2023 Study Session. 3 Currently, the BHMC accessory structure standards do not require a setback for new accessory structures abutting an alley, so similarly no rear/side setback is required for ADUs in such scenarios. 4 A detached height of 16 feet is the minimum for an ADU. A height of 18 ft is allowed if the detached ADU is located on a lot with an existing or proposed single-family or multi-family dwelling within ½ mile walking distance to a major transit stop of high-quality transit corridor. In such cases, an additional two feet (up to 20 ft.) permitted is when needed to accommodate a roof pitch that aligns with the primary unit. If the detached ADU is located on a multifamily and multistory property, and not within proximity to high quality transit as described, the height limit is 18 feet. 5 Proposed language is consistent with current BHMC regulations from 2017 for Estate Lots, which exceed state minimum standards. This allowance would only apply to ADUs in the Central Area.

City Council Staff Report
Accessory Dwelling Unit Ordinance Update
March 11, 2024
Standard New State Law Requirements
(Effective 2020, 2021, and 2023)6
Proposed Code Change
[City-Specific Changes in Highlight]7
Floor Area
JADU: 500 SF max.

Attached:
min. 850 SF for 1 bedroom or
1,000 SF for 2+ bedrooms
Detached:
min. 850 SF for 1 bedroom or
1,000 SF for 2+ bedrooms
Conversion: No limit
Statewide Exception ADU:

No front setback, lot coverage,
floor area ratio, open space, or
minimum lot size can preclude the
construction of an ADU up to 800
SF
JADU: 500 SF max.

Attached/Detached
(Single-Family Lots):8
Central Area south of Santa Monica
Blvd: max. 1,200 SF
Central Area north of Santa Monica
Blvd and Hillside Area: max. 1,400 SF
Trousdale Estates: 850 SF for 1
bedroom or 1,000 SF for 2+ bedrooms
Detached (Multi-Family Lots):
850 SF for 1 bedroom or 1,000 SF for
2+ bedrooms
Conversion: No limit
Statewide Exception ADU:

No front setback, lot coverage, floor
area ratio, open space, or minimum lot
size can preclude the construction of an
ADU up to 800 SF
Basement Floor Area Exclusion:

For ADUs and JADUs, the floor area
of basements shall not be included
when calculating maximum floor for
the site. However, basement areas
are counted for purposes of
determining maximum floor area for
proposed attached and detached
ADUs exceeding 800 SF.
6 In absence of an updated ordinance, the City has been allowing and regulating ADU and JADU pursuant to these updated state law standards that went into effect in 2020, 2021, and 2023. 7 As recommended by the Planning Commission per the February 23, 2023 Study Session. 8 For the proposed Code changes, the number of bedrooms does not determine size allowance for detached ADUs in single-family areas.

City Council Staff Report
Accessory Dwelling Unit Ordinance Update
March 11, 2024
Standard New State Law Requirements
(Effective 2020, 2021, and 2023)9
Proposed Code Change
[City-Specific Changes in Highlight]10
Number of ADUs
Single-Family:

One ADU (conversion, attached or
detached)
AND
One JADU
Multi-Family:

One attached or conversion using
livable space
OR
Up to two detached ADUs AND
up to 25% conversion of the
existing multi-dwelling units on the
lot only using non-livable space
(e.g., storage rooms, garages
boiler rooms, passageways, attics,
etc.)
Single-Family
One ADU (conversion, attached or
detached)
AND
One JADU
Multi-Family:

One attached or conversion using
livable space
OR
Up to two detached ADUs AND
up to 25% conversion of the existing
multi-dwelling units on the lot only using
non-livable space (e.g., storage rooms,
garages boiler rooms, passageways,
attics, etc.)
Required Parking
Attached or Detached:

One parking space
JADU or Conversion: None
No parking is required under
certain scenarios (refer back to
Height section of the staff report)
Attached or Detached:

One parking space
JADU or Conversion: None
No parking is required under certain
scenarios (refer back to Height section
of the staff report)
Replacement
Parking Not required when existing garage
is converted to an ADU
Not required when existing garage is
converted to an ADU
9 In absence of an updated ordinance, the City has been allowing and regulating ADU and JADU pursuant to these updated state law standards that went into effect in 2020, 2021, and 2023. 10 As recommended by the Planning Commission per the February 23, 2023 Study Session.

Attachment 4
Summary of City’s ADU Outreach
City Council Staff Report
Accessory Dwelling Unit Ordinance Update
March 11, 2024
SUMMARY OF CITY’S ADU OUTREACH
Community
Survey
September 2021
Staff first initiated an online survey in September 2021 to measure community interest in ADU development and discover potential construction constraints local to Beverly Hills. The survey was posted on the City’s website; emailed to the ADU interested parties list, community partners and organizations; and posted on the City’s social media outlets. Eighty (80) respondents took the survey.

Main Insights from the Survey
 Strong and Immediate Interest in ADU Development:
50% of respondents considered building an ADU on their
property with 32% “very likely” to build and ADU within the next 5 years.
 Topics Driving ADU Interest: Respondents cited they
considered building an ADU mainly for additional space, property/resale value, supplemental income, and to help provide more housing in the City.
 Challenges to ADU Interest: Respondents not interested in building an ADU reasoned that they had limited lot space, faced prohibitions on second-story ADUs, and had
concerns about privacy, cost, and time. Also mentioned
were overcrowding and traffic in the city, and the prohibition for ADU development on multi-family properties abutting single-family zones.
 Ambition to House Family: For those planning to build an ADU within the next 5 years, 39% plan to rent to a family member(s) at reduced or no rent.
 Need for ADU Resources: Over 60% indicated preapproved ADU plans, sample floor plans, an ADU guidebook, and local list of ADU builders would be useful in their efforts to build an ADU.

ADU Webpage
Early 2022
In early 2022, the City launched an ADU webpage
(www.beverlyhills.org/adu) as a comprehensive resource for the public to track on-going ADU progress and navigate regulations and permitting. This webpage continues to serve as a one-stop shop for ADU-distinct information like guidelines, documents, links, staff contacts, notifications, meeting and outreach summaries, and upcoming public hearings.

City Council Staff Report
Accessory Dwelling Unit Ordinance Update
March 11, 2024
Community
Meeting
August 2022
On Wednesday, August 10, 2022, the City hosted a
hybrid community meeting seeking public input on developing local ADU regulations for single-family neighborhoods.

Approximately 20 participants attended the meeting. Topics involved floor area, height, and parking, process for approval, prechecked plans, and incentives.

Main Insights from the Community Meeting
 Support for Larger ADU Envelope: Expressed interest for allowing detached ADUs to exceed 16’ tall, accommodate
two-stories, and be built above garages. Allowing a little more floor area beyond state law was also endorsed.
 Request for more flexible hardscape and landscape
requirements in front yard to accommodate voluntary
parking for ADUs.
 Concerns about privacy, shade, and noise.

Planning
Commission
Meeting and
Study Sessions
March 2022 and
February 2023
The Planning Commission hosted study sessions on March 10, 2022, and February 23, 2023, to deliberate state ADU regulations and possible local adjustments to suit the development needs of Beverly Hills.

The proposed ordinance embeds feedback from the Planning Commission and community. Generally, Commission direction from the February 23, 2023 Study Session prompted the following in the proposed draft ADU ordinance, which exceed state minimum requirements for single-family areas:
 Height Increases
 Floor Area Increases
 Alley Setback Reduction to 0 feet for Side and Rear
 FAR Exceptions
The Planning Commission also recommended objective standards for ADU window placement and prohibition on rooftop decks for ADUs, both of which are included in the proposed ordinance.

Attachment 5
Summary of State ADU Law Changes –
Excerpt of HCD ADU Handbook
5 Summary of Recent Changes to ADU Laws
In Government Code Section 65852.150, the
California Legislature found and declared that,
among other things, allowing ADUs in zones that
allow single-family and multifamily uses provides
additional rental housing and is an essential
component in addressing California’s housing
needs. Over the years, State ADU Law has been
revised to improve its effectiveness at creating
more housing units. Changes to State ADU Law
effective January 1, 2021, further reduce barriers,
streamline approval processes, and expand
capacity to accommodate the development of
ADUs and JADUs. Within this context, the
California Department of Housing and
Community Development (HCD) developed –
and continues to update – this handbook to assist local governments, homeowners, architects, and the general public in encouraging the development of ADUs. Below is a summary of recent legislation that amended State ADU Law. Please see Attachment 1 for the complete statutory changes.

AB 345 (Chapter 343, Statutes of 2021)
AB 345 (Chapter 343, Statutes of 2021) builds upon recent changes to State ADU Law, particularly Government Code sections 65852.2 and 65852.26, to require the allowance of the separate conveyance of ADUs from the primary dwelling in certain circumstances, provided they meet certain conditions, including those listed below, found in Government Code section 65852.26, subdivisions (a)(1-5):
• The ADU or primary dwelling was built or developed by a qualified nonprofit. (Gov. Code, § 65852.26, subd. (a).)
• There is an enforceable restriction on the use of the property between the low-income buyer and nonprofit that satisfies the requirements of Section 402.1 of the Revenue and Taxation Code. (Gov. Code, § 65852.26, subd. (a)(2).)
• The entire property is subject to the affordability restrictions to assure that the ADU and primary dwelling are preserved for owner-occupied, low-income housing for 45 years and are sold or resold only to a qualified buyer. (Gov. Code, § 65852.26, subd. (a)(3)(D).) • The property is held in a recorded tenancy in common agreement that meets certain requirements. (Gov. Code, § 65852.26, subd. (a)(3).)
AB 345 does not apply to JADUs, and local ordinances must continue to prohibit JADUs from being sold separately from the primary residence.
6 AB 3182 (Chapter 198, Statutes of 2020)
AB 3182 (Chapter 198, Statutes of 2020) builds upon recent changes to State ADU Law, specifically Government Code section 65852.2 and Civil Code Sections 4740 and 4741, to further address barriers to the development and use of ADUs and JADUs.

This legislation, among other changes, addresses the following:
• States that an application for the creation of an ADU or JADU shall be deemed approved (not just subject to ministerial approval) if the local agency has not acted on the completed application within 60 days. (Gov. Code, § 65852.2, subd. (a)(3).) • Requires ministerial approval of an application for a building permit within a residential or mixed-use zone to create one ADU and one JADU per lot (not one or the other), within the proposed or existing single-family dwelling, if certain conditions are met. (Gov. Code, § 65852.2, subd. (e)(1)(A).)
• Provides for the rental or leasing of a separate interest ADU or JADU in a common interest development,notwithstanding governing documents that otherwise appear to prohibit renting or leasing of a unit, and without regard to the date of the governing documents. (Civ. Code, § 4740, subd. (a), and Civ. Code, § 4741, subd. (a).) • Provides that not less than 25 percent of the separate interest units within a common interest development be allowed as rental or leasable units. (Civ. Code, § 4740, subd. (b).)
AB 68 (Chapter 655, Statutes of 2019), AB 881 (Chapter 659, Statutes of 2019), and SB 13 (Chapter 653, Statutes of 2019)
AB 68 (Chapter 655, Statutes of 2019), AB 881 (Chapter 659, Statutes of 2019), and SB 13 (Chapter 653, Statutes of 2019) build upon recent changes to ADU and JADU Law, specifically Government Code sections 65852.2 and 65852.22, and further address barriers to the development of ADUs and JADUs.

This legislation, among other changes, addresses the following:
• Prohibits local agencies from including in development standards for ADUs requirements on minimum lot size. (Gov. Code, § 65852.2, subd. (a)(1)(B)(i).) • Clarifies that areas designated by local agencies for ADUs may be based on the adequacy of water and sewer services, as well as on impacts on traffic flow and public safety. (Gov. Code, § 65852.2, subd. (a)(1)(A).)
• Eliminates all owner-occupancy requirements by local agencies for ADUs approved between January 1,2020, and January 1, 2025. (Gov. Code, § 65852.2, subd. (a)(6).) • Prohibits a local agency from establishing a maximum size of an ADU of less than 850 square feet, or 1,000 square feet if the ADU contains more than one bedroom and 7 requires approval of a permit to build an ADU of up to 800 square feet. (Gov. Code, § 65852.2, subds. (c)(2)(B) and (C).)
• Clarifies that when ADUs are created through the conversion of a garage, carport or covered parking structure, replacement of off-street parking spaces cannot be required by the local agency. (Gov. Code, § 65852.2, subd. (a)(1)(D)(xi).) • Reduces the maximum ADU and JADU application review time from 120 days to 60 days. (Gov. Code, § 65852.2, subd. (a)(3) and (b).)
• Clarifies that “public transit” includes various means of transportation that charge set fees, run on fixed routes, and are available to the public. (Gov. Code, § 65852.2, subd. (j)(9).)
• Establishes impact fee exemptions and limitations based on the size of the ADU. ADUs up to 750 square feet are exempt from impact fees, and ADUs that are 750 square feet or larger may be charged impact fees but only such fees that are proportional in size (by square foot) to those for the primary dwelling unit. (Gov. Code, § 65852.2, subd. (f)(3).) • Defines an “accessory structure” to mean a structure that is accessory and incidental to a dwelling on the same lot. (Gov. Code, § 65852.2, subd. (j)(2).) • Authorizes HCD to notify the local agency if HCD finds that the local ADU ordinance is not in compliance with state law. (Gov. Code, § 65852.2, subd. (h)(2).) • Clarifies that a local agency may identify an ADU or JADU as an adequate site to satisfy its Regional Housing Needs Allocation (RHNA). (Gov. Code, §§ 65583.1, subd. (a), and 65852.2, subd. (m).)
• Permits JADUs even where a local agency has not adopted an ordinance expressly authorizing them. (Gov. Code, § 65852.2, subds. (b) and (e).) • Allows a permitted JADU to be constructed within the walls of the proposed or existing single-family residence and eliminates the required inclusion of an existing bedroom and an interior entry into the single- family residence. (Gov. Code, § 65852.22, subd. (a)(4-5).)
• Requires, upon application and approval, a local agency to delay enforcement against a qualifying substandard ADU for five years to allow the owner to correct the violation, so long as the violation is not a health and safety issue, as determined by the enforcement agency. (Gov. Code, § 65852.2, subd. (n); Health & Safety Code, § 17980.12).) AB 587 (Chapter 657, Statutes of 2019), AB 670 (Chapter 178, Statutes of 2019), and AB 671 (Chapter 658, Statutes of 2019)
In addition to the legislation listed above, AB 587 (Chapter 657, Statutes of 2019), AB 670 (Chapter 178, Statutesof 2019), and AB 671 (Chapter 658, Statutes of 2019) also have an 8 impact on State ADU Law, particularly throughHealth and Safety Code Section 17980.12.

These pieces of legislation, among other changes, address the following:
• AB 587 creates a narrow exemption to the prohibition for ADUs to be sold or otherwise conveyed separately from the primary dwelling by allowing deed-restricted sales to occur if the local agency adopts an ordinance. To qualify, the primary dwelling and the ADU are to be built by a qualified nonprofit corporation whose mission is to provide units to low-income households. (Gov. Code, § 65852.26).) • AB 670 provides that covenants, conditions and restrictions that either effectively prohibit orunreasonably restrict the construction or use of an ADU or JADU on a lot zoned for single-family residential use are void and unenforceable. (Civ. Code, § 4751).)
• AB 671 requires local agencies’ housing elements to include a plan that incentivizes and promotes the creation of ADUs that can offer affordable rents for very low-, low-, or moderate-income households and requires HCD to develop a list of state grants and financial incentives in connection with the planning, construction, and operation of affordable ADUs. (Gov. Code, § 65583; Health & Safety Code, § 50504.5).) 9 Frequently Asked Questions

1.Legislative Intent
• Should a local ordinance encourage the development of ADUs? Yes. Pursuant to Government Code section 65852.150, the California Legislature found and declared that, among other things, California is facing a severe housing crisis and ADUs are a valuable form of housing that meets the needs of family members, students, the elderly, in-home health care providers, people with disabilities, and others. Therefore, ADUs are an essential component of California’s housing supply.

State ADU Law and recent changes intend to address barriers, streamline approval, and expand potential capacity for ADUs, recognizing their unique importance in addressing California’s housing needs. The preparation, adoption, amendment, and implementation of local ADU ordinances must be carried out consistent with Government Code section 65852.150 and must not unduly constrain the creation of ADUs. Local governments adopting ADU ordinances should carefully weigh the adoption of zoning, development standards, and other provisions for impacts on the development of ADUs.

ADU Law is the statutory minimum requirement. Local governments may elect to go beyond this statutory minimum and further the creation of ADUs. (Gov. Code, § 65852.2, subd. (g).) Many local governments have embraced the importance of ADUs as an important part of their overall housing policies and have pursued innovative strategies.

Attachment 6
High Quality Transit Area Map in the
City – SCAG
Data Source: County Transportation Commissions, SCAG | Data Version: Connect SoCal 2020 Plan Year 2045 | Map Created: 4/27/2022 ° 0 0.35 0.7 0.175
Miles
High Quality Transit Areas, Major Transit Stops and High Quality Transit Corridors in City of Beverly Hills [Connect SoCal 2020 Plan Year 2045] Service Layer Credits: Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community ! Major Transit Stops High Quality Transit Corridors (HQTCs) High Quality Transit Areas (HQTAs) Note: Major transit stops, HQTCs and HQTAs included in this Data/Map Book are based on the 2045 plan year transit network of Connect SoCal 2020. Further explanation of the methodology for identifying HQTCs and major transit stops is included in the Connect SoCal 2020 Transit Technical Report Appendix. This map may undergo changes as SCAG continues to update its transportation network as part of the Connect SoCal 2024, and updates to this information will be forthcoming as information becomes available. SCAG assumes no responsibility arising from use of this information by individuals, businesses, or other public entities. Users should consult with the appropriate transit provider(s) to obtain the latest information on transit routes, stops and service intervals before making determinations regarding CEQA exemption or streamlining.

Disclaimer: This map was created as a part of SCAG Data/Map Books to solicit feedback from local jurisdictions during Connect SoCal 2024 Local Data Exchange (LDX) process. SCAG shall not be responsible for user’s misuse or misrepresentation of this map. For the details regarding the data sources, methodologies and contents of this map, please refer to the SCAG Data/Map Book or contact [email protected].

Attachment 7
Applicable General Plan Goals and
Policies
City Council Staff Report
Accessory Dwelling Unit Ordinance Update
March 11, 2024
GENERAL PLAN POLICIES1
The General Plan includes numerous goals and policies intended to help guide development in the City. Some of the policies relevant to the Planning Commission’s review of the ADU Ordinance Update include the following:

Land Use (LU) Element – Goals and Policies
 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.
 Policy LU 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.
 Policy LU 3.2 - Fair Share of Regional Housing Needs. Help the City meet State requirements to accommodate the City's fair share of regional housing needs, contingent upon the ability to maintain the qualities that distinguish and contribute to the livability of the City and not unduly burden the City's fiscal resources.  Policy LU 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.
 Policy LU 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.
 Goal LU 6 - Single-Family Residential Neighborhoods. Maintenance of the identity, scale, and character of the distinct single-family residential neighborhoods.  Policy LU 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.  Policy LU 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.

City Council Staff Report
Accessory Dwelling Unit Ordinance Update
March 11, 2024
Housing (H) Element – Goals and Policies
 Goal H2 – Housing Supply and Diversity. Provide a variety of housing types and adequate affordable housing supply to meet the existing and future needs of the community.
 Goal H2 – Housing Supply and Diversity. Provide a variety of housing types and adequate affordable housing supply to meet the existing and future needs of the community.
 Policy H 2.5 – Adaptive Reuse. Support innovative strategies for the adaptive reuse of residential and commercial structures to provide for a wide range of housing types.
 Policy H 2.4 – Accessory Dwelling Units. Promote accessory dwelling units (ADUs) through various programs, including regulatory incentives, as a means of providing lower-cost housing options for seniors, caretakers, and others.  Policy H 4.2 (Development Standards). Directs the City “evaluate and modify development standards as appropriate to better facilitate the provision of affordable housing.”
 Policy H 4.3 – Development Standards. Evaluate and modify development standards as appropriate to better facilitate the provision of affordable housing.  Program H 10.4 – Accessory Dwelling Units. 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.
 Implementation Program (Imp.) 10.4 identifies the following measures to encourage the provision of ADUs, which are satisfied by the draft ordinance:
o Consider greater flexibility in ADU standards in R-1 zones in the Central Area of the City;
o Explore increasing the by-right ADU size;
o For ADUs built above a garage in single-family zones, consider allowance for an increase in the permitted height up to the height of the primary residence;
o Consider allowances for reduced setback requirements where privacy is not compromised;
o Create “by right” plan options for residents who wish to pick a preapproved ADU plan created and pre-plan checked by the City.

1 Available online at beverlyhills.org/departments/communitydevelopment/longrangeplanning/generalplan/ Attachment 8
Public Correspondence from the
January 25, 2024, Planning
Commission Meeting
From: Darian Bojeaux
Sent: Thursday, January 25, 2024 4:17 PM
To: Cindy Gordon <[email protected]>; Chloe Chen <[email protected]> Subject: Public Comment on ADU's
CAUTION: External Sender
Use caution when clicking links or opening attachments
Hi.

I noticed that part of my comment was omitted because it was considered uncivil. It was not my intention to be uncivil or make a statement which would offend people—I was just exaggerating to drive home a point. So please delete from my comment the part that was not read. I think I made my point anyway.

Thank you.

Best regards,
Darian
My comment: Regarding the square footage allowance on a freestanding guest house at a single family residence North of Santa Monica. Both Kamyar Mahboubi and I have a concern as to the proposed allowance. We both have children, parents and in-laws. The future is big, times have changed. Parents and children after a while post college or even a higher degree tend to move back in with their parents. I want to speak and emphasize the importance of this matter, especially their generations and the affordability to even live in greater Los Angeles, never-the-less back at home in Beverly Hills Proper.

Thank you.

Best regards,
Kian Beroukhim
Dominium Management Corp.

Thank you. Just wanted to add so there’s no confusion when I say “proposed allowance” I’m suggesting the bigger the better. In an ideal world. Two levels up to 2,400 SF.

Best Regards,
Kian Beroukhim
Dominium Management Corp.

We were disappointed with the new proposed ADU rules for the the following reasons.

1. We should be able to have the same architectural design and roof style and height on our ADU as we have on our home, and we should not have to seek an accommodation for that or pay any additional amount, much less $20,156.

2. We should be able to build high quality ADU’s worthy of our city to include second floor decks, porches, and patios of reasonable sizes facing the main house provided that they would not be too close to any other structure on the property. Otherwise an upstairs entry will look like an unattractive back door entry.

3. Since an included or attached ADU may not exceed 50% of the existing or proposed area of the primary home, there is no need to limit its square footage.

4. The city should do much more to incentivize the building of ADU’s such as by not charging additional fees to build quality ADU’s and by reducing permit and other fees. For instance, the city could provide engineers to draft plans for residents for reasonable fees.

Thank you for your attention.

Lee Pasternak
North Palm Drive=
The new ADU rules are only 4 years late.

IMPROPER, INSUFFICIENT NOTICE
The state HCD has emphasized many times in rejecting our housing element, that the city should seek resident input on housing, and there are few subjects more important to residents than their ability to build an ADU. Nevertheless, instead of circulating proposed rules to all residents citywide for their input, only newspaper notice of the hearing was provided without any details on the new rules. The new proposed rules only became available online for review a few days before the hearing. And only residents who had signed up to receive agendas and reports online, were in a position to review the proposed rules with very little time to do so.

INADEQUATE HELP OFFERED BY CITY
Although the city has made numerous promises to the HCD that the city would make it easier for residents to build ADU’s, there are no proposed fee reductions or any other help being offered to residents. Instead, residents will have to pay $20,156 if they want the planning commission to allow their ADU’s roof height to be increased to match the roof height and style of the main home. Residents will also have to pay $7,396 for consideration of any other minor accommodation. Both charges are outrageous impediments to bringing quality affordable housing to our city.

Meanwhile the planning department and commission exercise discretion in favor of developers to excuse them from having to comply with our building codes.

NONSENSICAL RATIONALE FOR ADU QUALITY LIMITATIONS
A planner explained that ADU’s have not been allowed matching roof height or decks, porches, or patios above 3’ because the main home is supposed to be the dominant dwelling and the ADU the lesser structure. So exterior stairs leading to a front door on an ADU above a garage can have only about a 3’ x 3’ landing in front of the door—more like a back door. Is it the slave master’s home vs. slave’s quarters? Such quality limitations are not sensible, justified or appropriate for Beverly Hills or modern times.

Darian Bojeaux