313
AGENDA REPORT
Meeting Date: March 18, 2024Item Number:
To: Honorable Mayor & City Council
From: Laurence S. Wiener, City Attorney
Subject: AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING THE
BEVERLY HILLS MUNICIPAL CODE TO REGULATE ACCESSORYDWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS,
AND FINDING THE ORDINANCE TO BE EXEMPT UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Attachments: 1. Ordinance
RECOMMENDATION
It is recommended that the City Council move to waive the full reading and adopt the ordinance entitled: “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 ENVIRONMENTALQUALITY ACT”.
INTRODUCTION
At its meeting of March 11, 2024, the City Council conducted a first reading of this ordinance and introduced it.
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Meeting Date: March 18, 2024
DISCUSSION
This ordinance amends various articles and sections of the Beverly Hills Municipal Code to update regulations pertaining to accessory dwelling units in compliance with state law and per the Planning Commission’s recommendation.
The ordinance implements state law and incorporates recommendations from the Planning Commission and the public to establish local ADU regulations that reflect theunique character of the city’s various neighborhoods and that align with HousingElement Policies and Programs. The ordinance provides ADU development flexibility over and above state law requirements in order to promote their construction such assize, height, setbacks, and floor area ratio (FAR) exceptions.
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.
Laurence S. Wiener
City Attorney
Approved By
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Attachment
1 ORDINANCE NO. 24-0-
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 THEORDINANCE 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 ofthe 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 ofinformation received at the public hearings before the Planning Commission and City Council.B0785-0009\291 195 v3.doc Section 4. The City Council finds that the adoption ofthis 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 nuilti-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).
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Section 5. A new definition of “Junior Accessory Dwelling Unit” is hereby added to Section 10-3-100 (Words Defined) in Article I (Definitions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) ofthe Beverly Hills Municipal Code to read as follows between the defined terms definitions of “Interior side setback” and “Large Family Daycare Home” “JIJNIOR 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 I (Definitions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) ofthe 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.”
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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 ofthis chapter, accessory dwelling units and junior accessory dwelling units shall be pennitted 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 -4-
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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 orjunior 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 -5-
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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 orjunior 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, -6-
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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. -7-
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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 applyto 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:
I) It is located within one-half(’/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.
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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, accessoiy 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 -9-
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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 ifthe new structure is constructed within the same footprint of the existing structure and does not exceed the existingstructure 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, shallcomply 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 accessoiy dwelling units and junior accessory dwelling units. A junioraccessory 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 -10-
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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 offstreet 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 ajunior accessory dwelling unit, the owner of record shall record a covenant, in a form satisfactory to the city attorney, —11—
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which shall place future buyers on notice of the maximum size of thejunior accessory dwelling unit as set forth in the approved plans. the required amount of off streetparking. 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 arental 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 restrictionsshall 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 orjunior 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 -12-
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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. 1 8. 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, -13-
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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 approvalof 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.
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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: lf in the opinion of the director of community development, an application merits review by the planning commission, the director mayrefer 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. -15-
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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 U1’11TS ON LOTS WITH MULTIPLE FAMILY DWELLINGS:
A. Building Permit Only Standards: Notwithstanding the use regulations ofthis chapter, accessory dwelling units shall be permitted on property in any lot zoned residential or mixed-use zonewith 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 beattached to one another; and -16-
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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 usedfor 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 themaximum iuimber 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 multi family 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 Ia and Ib, 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 multi family building on the site. Attached accessory dwelling units nnist be contained entirely within or attached to an existing or newly proposed and constructed multi-family structure. -17-
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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 accessoiy 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 ofthe existing space to be converted. Ifrequired 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 ofunenclosed accessory buildings or unenclosed accessory structures, such as patios, gazebos, breezeways, carports, porte cocheres, or similar structures shall not be allowed, -18-
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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 thefollowing circumstances:
1) It is located within one-half(’/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 ofGarages, 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 - I 9-
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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(V2) 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.
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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 -21 -
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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 accessoiy 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.
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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 directlybetween 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 chargethat 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.
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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 10-3-40 1 (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-l 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-l)) of Chapter 3 (Zoning) of Title 10 (Planning and -24-
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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 ofthis 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 fonn 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 ofthis 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 -25-
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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 -26-
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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 R
1.5 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 -27-
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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:
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“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 R 1 .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 tocommence 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.”
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Section 19. Section 10-3-803.5 (Accessory Dwelling Units) of Article 8 (One-Family Residential Zone (R-l.5X2)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BeverlyHills 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 R 1 .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 10-3-90 1 (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, oroccupied 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 tocommence 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 yearis prohibited.” -30-
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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 1 .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 10-3-100 1 (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 daycarehome, 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 single family residence for a single-family transient use more than twice per calendar year is prohibited.”
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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 ACCESSORYDWELLING UNITS:
Accessory dwelling units and junior accessory dwelling units shall be permitted in zone R
1.7X 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 ofthis 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-l .8X shall be erected, constructed, built, altered, enlarged, built upon, used, oroccupied 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 single family residence for a single-family transient use more than twice per calendar year is prohibited.”
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Section 25. Sectioii 10-3-1102.5 (Accessory Dwelling Units) of Article 11 (One-Family Residential Zone (R-1 .8X)) of Chapter 3 (Zoning) of Title 10 (Plairning and Zoning) of the Beverly Hills Municipal Code is hereby amended to read as follows:
“10-3-1102.5: ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORYDWELLING UNITS:
Accessory dwelling units and junior accessory dwelling units shall be permitted in zone R
1.8X 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 ofthis 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 (Single Family Residential Development Standards for the Central Area of the City) of Chapter 3 (Zoning) of -33-
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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 mininnim 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 ofthis 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 10-3-24 19 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 Roxbuiy 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. -34-
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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 oftwo or niore 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 -35-
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P = Permitted use UP = Use permit CUP = Conditional use permit R-1 R-1.X R-1.5 R-1.5X R- R-1.6X R- R 1.5X2 1.7X 1.8X
Accessory dwelling
units and junior
accessory dwelling P P P p P p p P
units (subject to
article 50 of thischapter)
Single-family p p P P P p P dwelling
Transitional and
supportive housing1.
Singlefamily p p p p p p P P
structure
Family daycarehome:
Small p p P P P P P P
Large(subject to
section
10-3-408 UP UP UP UP UP UP UP UP
of thischapter)
Community carefacility2 (statelicensed):
Small
(serving P P P P P P p p6 orfewer)
Educational CUP CUP3 CUP CUP3InstitutionsMuseums CUP CUP CUP -36-
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Public utility uses
(except as provided irsection 10-3-2754 o: CUP CUP CUP
this chapter)
Religious institutions CUP CUP
Public libraries CUP
Publicly ownec CUP
playgrounds
Home occupations(subject to section 10- P P P P P P3-4303 ofthis chapter) Single-family P4 P4 P4 P4 P4 P4 P4
transient use4
Notes:
I. 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 toall 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. -37-
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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 anypurpose except:
ALLOWED USES AND PERMIT REQUIREMENTS FOR MULTIPLE-FAMILYRESIDENTIAL ZONES AND ZONING DISTRICT OVERLAYS P = Permitted use CUP = Conditional use permit
Special
Needs
Housing
Overlay
Zone4
R- R- R- R4X1 4X2 3 4-P
Single-family dwelling
P P P P P
Accessory dwelling units and
lunior accessory dwelling p P P P P P
inits (subject to article 50 0:
:his chapter)
Multiple-family dwellings P P P P P P
Transitional and supportive
‘ousing:
Singlefamily p p P P
structure
Multi—
family p p p p Pstructure
Emergency shelters
(subject to section 10-3- P
1275 of this chapter)
R
-4
RMCP
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Single room occupancy
housing (SRO)Community care facilities2(state licensed):
Small (6 p p p P
or fewer)
Large (7 CUP CUP CUP CUP CUP
or more)
Public library P P PChildcare uses licensed CUP CUP CUP CUP pursuant to state law Educational institutions CUP CUP CUP CUP
Multiple-family
congregate housing for the CUP
elderly or disabledpursuant to article
12.8 of this_chapter
Multiple-family housingfor the elderly or disabled CUP CUP CUP CUP pursuant to article 2.5 of
this chapter
Museums CUP CUP CUP CUPPublic utility uses3 CUP CUP CUP CUP Religious institutions CUP CUP CUP CUPRestaurants located in nonconforming hotels CUP CUP CUP CUP
(subject to section 10-3-
1207 of this_chapter)
Convenience retail uses(subject to section 10-3- CUP
1233 of this_chapter)
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 -39-
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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 zonewhere 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 CertainDevelopment Standards) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) ofthe Beverly HillsMunicipal Code is hereby to read as follows, with all other provisions in Section 10-3-3600 remainingin 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 ofthis Ordinance are not exempt pursuantto Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h), the amendmentsare not subject to CEQA pursuant to CEQA Guidelines Section 15061(b)(3), because it can be seen -40-
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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 reasonheld to be invalid or unconstitutional by the final decision of any court of competent jurisdiction. theremainder 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 proofof publication, to be entered in the Book of Ordinances of the Council of this City.
I/I
I/I
III
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Section 34. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 am. on the thirty-first (3 1st) 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:
HUMA AHMEDCity Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:LAURENCE S. WIENER NANCY HUNT-COFFEY City Attorney City Manager
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