Item F-4 Agenda Report — Beverly Hills City Council, April 16, 2024

AGENDA REPORT
Meeting Date: April 16, 2024
Item Number:

To: Honorable Mayor & City Council
From: Masa Alkire, AICP, Assistant Director of Community Development/City Planner
Patrick Achis, Associate Planner
Subject: AN ORDINANCE OF THE CITY OF BEVERLY HILLS TO

AMEND THE BEVERLY HILLS MUNICIPAL CODE AND ZONING
MAP: CLARIFYING, ADDING, OR CORRECTING LANGUAGE
RELATED TO HILLSIDE R-1 PERMIT REQUESTS FOR A
SERIES OF WALLS; STATE LAW REQUIREMENTS FOR
FAMILY DAYCARE HOMES AND DENSITY BONUS;
RELIGIOUS INSTITUTIONS; NOTIFICATION REQUIREMENTS

FOR ADJACENT NEIGHBOR MAILED NOTICE AND THE VIEW
RESTORATION PROCESS; MULTIFAMILY GUEST PARKING
STANDARDS; NEW CODE GRAPHICS ILLUSTRATING

EXISTING STANDARDS FOR ACCESSORY STRUCTURE
HEIGHT PLANE AND SERIES OF WALLS; REMOVAL OF
EXPIRED STANDARDS FOR PET BOARDING FACILITIES;

AND FINDING THE ORDINANCE TO BE EXEMPT UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
Attachments: 1. Draft Ordinance

2. Planning Commission Resolution No. 2055

3. Redline of Existing Code Sections and Zoning Map

4. Overview of Proposed Code Changes

5. Applicable General Plan Goals and Polices

6. Public Correspondence from the March 14, 2024, Planning Commission Meeting

RECOMMENDATION
Staff recommends the City Council:

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

ORDINANCE OF THE CITY OF BEVERLY HILLS TO AMEND THE BEVERLY HILLS MUNICIPAL CODE AND ZONING MAP: CLARIFYING, ADDING, OR CORRECTING LANGUAGE RELATED TO HILLSIDE R-1 PERMIT REQUESTS FOR A SERIES OF WALLS; STATE LAW REQUIREMENTS FOR FAMILY Meeting Date: April 16, 2024

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DAYCARE HOMES AND DENSITY BONUS; RELIGIOUS INSTITUTIONS;

NOTIFICATION REQUIREMENTS FOR ADJACENT NEIGHBOR MAILED
NOTICE AND THE VIEW RESTORATION PROCESS; MULTIFAMILY GUEST PARKING STANDARDS; NEW CODE GRAPHICS ILLUSTRATING EXISTING

STANDARDS FOR ACCESSORY STRUCTURE HEIGHT PLANE AND SERIES OF WALLS; REMOVAL OF EXPIRED STANDARDS FOR PET BOARDING FACILITIES; AND FINDING THE ORDINANCE TO BE EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)” (Attachment 1).

BACKGROUND
The Beverly Hills Municipal Code (BHMC) holds the laws and regulations that guide the City of Beverly Hills in areas such as zoning, public safety, and building standards.

Periodically, Community Development Department staff identifies sections of the code that would benefit from minor revisions to fix typos, correct errors, and clarify language.

Over the past several months, staff has compiled a series of code topics that require “cleanup” language or modifications to ensure that they are interpreted and applied correctly and have drafted a proposed ordinance of these revisions. At the Planning Commission’s regular meeting on March 14, 2024, the Commission reviewed the draft ordinance and unanimously recommended it to the City Council for adoption (5-0).

ANALYSIS
The draft ordinance (Attachment 1) is intended to improve clarity, eliminate confusion, and streamline regulations of the BHMC, and to address certain changes in state law.

These cleanup items include small semantic changes, minor modifications to conform to existing City practice or accepted building standards and practices, and the removal or addition of code language that will clarify the intent of various code sections. The recommended amendments do not include substantive changes to the code. Staff has prepared a redline version of the draft ordinance showing the proposed revisions (Attachment 3) and an overview and justification of proposed code changes (Attachment 4). A summary is provided below:

Series of Walls - Hillside R-1 Permit – correct omitted reference to the Hillside R-1 process for series of walls (BHMC §10-3-2516.F);
Background: The BHMC enforces distinct standards for Hillside area development to promote construction that respects the natural topography and landscape that defines this single-family residential area of the city. Specifically, BHMC §10-3-2516 F. (Series of Walls) addresses the construction of a series of walls within the Hillside Area by limiting the number of walls and height to preserve the area’s natural aesthetic. In certain scenarios, a Hillside R-1 Permit may be issued to allow a deviation from the series of walls standards, provided there are no adverse impacts on views and neighbors and that the proposal is appropriate for the site. The reference to this specific Hillside R-1 Permit process was erroneously omitted during the 2020 Code update (Ordinance No. 21-O2849). This omission needs to be corrected so that applicants are aware of the ability to request deviations for series of walls.

Proposed Change and Justification: The amendment seeks to correct this oversight by adding the omitted reference for series of walls (per Hillside R-1 Permit; BHMC §10-3-2550 M.) back into BHMC §10-3-2516 F. (Series of Walls).

This change will not create a new Hillside R-1 permit request but will correct an Meeting Date: April 16, 2024

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inadvertent deletion. As a result, it would eliminate confusion by providing a clear reference to the Hillside R-1 Permit in the relevant section to inform applicants of all their options.

Family Daycare Homes
o Comply with Senate Bill 234 (Skinner) by acknowledging state-licensed family daycare homes as permitted residential uses; modify permitted uses tables (BHMC §10-3-302; -401, -501, -601, -701, -801, -901, -1001, -1101); o Remove public noticing, standards, and discretion for large family daycare homes (BHMC §10-3-253 B; §10-3-408, -503, -702, -803, -902, -1002, - 1103);
o Exempt family daycare homes from business tax registration requirements (BHMC §3-1-202);
o Update related definitions to reflect and implement requirements of Government Code Section 1596.78 (BHMC §10-3-100);
Background: Family daycare home providers offer care for infants and toddlers within a residence. Despite the high demand, the availability of such services in California remains limited. Recognizing their importance, the state adopted the Keeping Kids Close to Home Act (SB 234, Skinner, Chapter 244, Statues of 2019), which became effective January 1, 2020. The Act mandates that family daycare homes, licensed by the Department of Social Services, Community Care Licensing Division, regardless of size as outlined in Health and Safety Code §1596.7, are not subject to obtaining land use/zoning permits or business licenses from local city or county governments. While the City has adhered to the requirements of the Act in practice, the BHMC currently contains outdated provisions that contradict state requirements by imposing business licenses and specific development standards and necessitating discretionary review for large family daycare homes.

Proposed Change and Justification: Current discrepancies in the BHMC need to be corrected and this amendment would bring City regulations for family daycare homes into compliance with the requirements of SB 234. The changes would recognize both small and large family day care homes as by-right residential uses, and delete the requirements outlined above. The amendment clarifies that these uses are exempt from zoning, permitting, and business licensing requirements pursuant to state law. Importantly, family daycare homes would still be subject to state licensing requirements, including obtaining fire safety clearances from the City’s Fire Department for homes caring for more than six children.

Religious Institutions
o Revise terms to “Religious Institutions” throughout the BHMC for inclusivity and clarity of permitted uses (miscellaneous sections in Titles 4, 5, and 10); and
o Amend Zoning Map to retitle the Church Zone as “Religious Institution Zone” (Zoning Map).

Background: The BHMC and Zoning Map have historically used terms such as “church” to broadly categorize religious uses. Although the City’s application of these terms have always recognized the diversity of religious practices and Meeting Date: April 16, 2024

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institutions in Beverly Hills, the specific connotations of such terms may not universally convey this inclusive intent to all stakeholders. For example, BHMC §5-1-206 (Noise In Proximity Of Schools, Hospitals, and Churches), which addresses noise restrictions near sensitive areas like schools, hospitals, and places of worship, only uses “church” in the title and language of the section to refer to religious institutions despite its wide applicability.

Proposed Change and Justification: The amendments replace narrower terms in various sections of the BHMC with the broader term “religious institutions” to remove ambiguity and more accurately define the scope of permitted uses.

Consequently, a new definition for “Religious Institution” in BHMC §10-3-100 (Words Defined) would be inserted into the BHMC to read as follows:
“RELIGIOUS INSTITUTION: Any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.”
The title of the “Church Zone,” consisting of one lot in the city, would also be retitled on the Zoning Map to “Religious Institutions Zone.” These changes would ensure that these sections of the BHMC and the Zoning Map faithfully represent the diversity of religious practices within the community. Adopting the “religious institutions” term in these sections builds on the City’s longstanding practice of implementing terms like “church” in a wide and inclusive manner and does not alter existing rights, entitlements, or permissions. It also promotes consistency with numerous existing BHMC sections, including permitted and conditionally permitted uses, which already use the term “religious institutions.” Adjacent Neighbor Noticing
o Specify 100-foot radius requirement for adjacent neighbor mailed notice (BHMC §10-3-253 A.); and
o Remove adjacent neighbor mailed notice requirement for view restoration to follow City’s historic noticing practice (BHMC §10-3-253 B.).

Background: In 2021, the City Council adopted Ordinance No. 21-O-2849 to refine public noticing requirements in the BHMC. However, the ordinance failed to specify that the adjacent neighbor mailed notice must cover a 100-foot radius for Planning Commission-level projects, creating an ambiguity in the requirements for these notices. Moreover, Ordinance No. 21-O-28-49 introduced a new requirement for View Restoration applications to notify adjacent property owners within a 100-foot radius of the foliage site. This additional adjacent neighbor noticing step has inadvertently complicated the View Restoration process, which relies on direct negotiation between the foliage owner and view owner.

Proposed Change and Justification: The amendment intends to resolve these noticing issues by specifying the 100-foot radius for the adjacent neighbor mailed notice and removing the adjacent neighbor mailed notice requirement for View Restoration applications. This change will restore the noticing procedure for View Restoration to the City’s established practice prior to the adoption of Ordinance No. 21-O-2849, while maintaining all other existing noticing requirements.

Consequently, the amendment simplifies the View Restoration process by reducing both the time and financial burden to property owners and enhancing Meeting Date: April 16, 2024

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the efficiency of dispute resolution. By specifying and streamlining noticing requirements, the amendment ensures the integrity of the public noticing process with clear and effective language.

Multi-Family Guest Parking - harmonize conflicting guest parking requirements for multi-family developments (BHMC §10-3-2817 and §10-3-2739); Background: The BHMC currently presents overlapping and conflicting standards for guest parking requirements for multi-family residential developments. This inconsistency - namely between BHMC §10-3-2739 (Guest Parking; MultipleFamily Residential Zones) and §10-3-2817 (Guest Parking) - has created confusion and inefficiency in implementing regulations. A notable discrepancy is BHMC §10-3-2739’s allowance for up to 25% of parking spaces to be compact, with provision of tandem parking or a maximum of 50% compact spaces subject to discretionary review. In contrast, BHMC §10-3-2817 is silent on allowance for compact and tandem spaces.

Proposed Change and Justification: The amendments clarify the multi-family residential parking requirements by removing conflicting requirements currently included in the BHMC. Given that Planning staff has implemented Article 28 in its entirety when reviewing multi-family residential projects, as this article is called “Multiple-Family Residential Development Standards,” it is proposed that the stand-alone guest parking provision in BHMC §10-3-2739 be removed.

Therefore, one applicable guest parking provision will remain in the BHMC, that being BHMC §10-3-2817. The consolidation will eliminate the conflict between the two sections and provide one guest parking regulation applicable to multifamily residential development.

New Code Graphics – add graphics to the BHMC for accessory structure height plane and series of walls (BHMC §10-3-2413 C.2. & D.2.; §10-3-2414 C.2. & D.2.; and §10-3- 2516 E. & F.);
Background: To enhance the clarity and usability of the BHMC, the amendment introduces new graphics to illustrate frequently referenced sections. Planning staff have recognized a need for these visual aids during their interactions at the Permit Center, where ad-hoc sketches are often used to clarify code requirements to the public. The code graphics standardize the presentation and detail of these illustrations to provide a consistent reference for both staff and the public. For instance, in plan check documents or inquiries, staff would be able to directly reference these figures to demonstrate code requirements to applicants.

Refer to Figure 1 on the next page for an example of one of the proposed code graphics with the existing code section.

Proposed Changes and Justification: Through visual aids, the amendment seeks to bridge the gap between the regulatory language and practical application. In this way, the code can become more accessible and understandable to a diverse audience such as property owners, architects, designers, and the general public.

These code graphics are designed to simplify the explanation process for staff and improve regulatory compliance with greater clarity and communication and will not involve any changes to the code language or requirements.

Meeting Date: April 16, 2024

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Figure 1
Source: Staff
Density Bonus – remove outdated sections and simplify references to state law for density bonus (BHMC Article 15.2 of Title 10, Chapter 3); and Background: Since the last revision of the City’s Density Bonus ordinance in 20051, state Density Bonus law has been substantially amended (California Government Code sections 65915 and 65915.5). While the City has continued to implement current state law as it has evolved, it is necessary to update the BHMC to be consistent with state law.

Proposed Change and Justification: This amendment amends the BHMC to be consistent with state law and does not add or expand allowances for density bonus projects beyond what is required under state law. The amendments include section renumbering, a clarification regarding the City’s maintenance of density bonus guidelines, and minor administrative clarifications related to fees

1 See BHMC Article 15.2 (Residential Density Bonus) for the City’s existing standards on density bonus.

EXAMPLE OF PROPOSED CODE GRAPHIC
SERIES OF WALLS IN HILLSIDE AREA – BHMC §10-3-2516 F.
“F. Series Of Walls: If a series of walls, or portions of a wall, are constructed on the same property so that a perpendicular section cut through a wall would intersect more than one wall segment and would intersect a total height of seven feet (7') or more, then a minimum ten foot (10') landscaped area must be provided between the wall segments. Such landscaping shall consist of climbing vines or alternative vegetation that will substantially screen the walls. Furthermore, the cumulative height of a series of walls shall not exceed twelve feet (12') within any fifty foot (50') perpendicular section cut through the wall segments.”
The proposed figure for BHMC §10-3-2516 F. communicates the standards for constructing a series of walls in the Hillside Area. It shows that when multiple retaining walls are constructed with a combined height of seven feet or more, a minimum landscaped area of ten feet must be established between the walls. Further, the cumulative height of all wall segments within any fifty-foot length cannot exceed 12 feet.

Meeting Date: April 16, 2024

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and permits. Outdated code sections will be deleted or updated to eliminate ambiguity and ensure consistent implementation.

Pet Boarding Facilities – remove obsolete pet boarding facilities standards (BHMC §10-3-1620.3, §10-3-1604, §10-3-2003, and §4-2-1740).

Background: In 2016, the City Council adopted Ordinance No. 16-O-2715 to allow ancillary pet boarding facilities in Beverly Hills with the approval of a Conditional Use Permit. The ordinance explicitly included a sunset provision to automatically repeal the ordinance on December 1, 2017. The City Council discussed the matter at their meeting on November 21, 2017, and decided not to extend the ordinance. As such, the BHMC should be updated to remove the expired and obsolete provisions for pet boarding facilities.

Proposed Change and Justification: The amendment would remove sections related to Ordinance No. 16-O-2715 that are repealed and no longer applicable.

This clean-up effort ensures that the BHMC remains an accurate and up-to-date resource for City staff and the public to facilitate easier navigation and compliance with City regulations.

GENERAL PLAN CONSISTENCY
The General Plan contains various goals and policies intended to help guide development in the city. Some of the policies relevant to the City Council’s review of the draft ordinance are included as Attachment 5.

PUBLIC OUTREACH AND NOTIFICATION
TABLE 1 – PUBLIC NOTIFICATION TABLE
Type of Notice Required
Period
Actual
Period
Required
Date
Actual
Date
Newspaper Notice2 20 Days 25 Days 3/27/24 3/22/24
Agenda Posting 72 Hours 7 Days 4/13/24 4/12/24
Website 72 Hours 7 Days 4/13/24 4/12/24
As of the writing of the report, staff has not received correspondence from the public on this item. Public correspondence received from the March 14, 2024, Planning Commission meeting is available as Attachment 6.

ENVIRONMENTAL ASSESSMENT
The code amendments in the proposed ordinance were assessed in accordance with the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.), and the environmental regulations of the City. Staff recommends that the City Council find that the ordinance is exempt from CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines because CEQA only applies to projects that have the potential for causing a significant effect on the environment, and pursuant to

2 The public notice for this item was published in the Beverly Hills Courier on March 22, 2024; and in the Beverly Hills Weekly and Beverly Press on March 28, 2024.

Meeting Date: April 16, 2024

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Section 15060(c)(2) of the State CEQA Guidelines because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment. The project involves minor changes to the BHMC and does not represent substantive changes in meaning or interpretation of the code. As such, there is no possibility that the amendments would result in a significant effect on the environment because the modifications do not enable any physical changes to the environment, directly or indirectly.

FISCAL IMPACT
There is no anticipated direct fiscal impact related to the adoption of this ordinance. The changes in the proposed ordinance are non-substantive and administrative in nature to clarify and correct typos in the municipal code, streamline its implementation, and make it consistent with state law.

Michael Forbes, AICP
Director of Community Development
Approved By
Attachment 1
Draft Ordinance
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ORDINANCE NO. 24-O-_______

AN ORDINANCE OF THE CITY OF BEVERLY HILLS TO AMEND
THE BEVERLY HILLS MUNICIPAL CODE AND ZONING MAP:

CLARIFYING, ADDING, OR CORRECTING LANGUAGE
RELATED TO HILLSIDE R-1 PERMIT REQUESTS FOR A SERIES
OF WALLS; STATE LAW REQUIREMENTS FOR FAMILY
DAYCARE HOMES AND DENSITY BONUS; RELIGIOUS
INSTITUTIONS; NOTIFICATION REQUIREMENTS FOR

ADJACENT NEIGHBOR MAILED NOTICE AND THE VIEW
RESTORATION PROCESS; MULTIFAMILY GUEST PARKING
STANDARDS; NEW CODE GRAPHICS ILLUSTRATING

EXISTING STANDARDS FOR ACCESSORY STRUCTURE
HEIGHT PLANE AND SERIES OF WALLS; REMOVAL OF
EXPIRED STANDARDS FOR PET BOARDING FACILITIES; AND

FINDING THE ORDINANCE TO BE EXEMPT UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, The City of Beverly Hills (“City”) desires to adopt an ordinance amending certain definitions, provisions, and regulations in the Beverly Hills Municipal Code (“BHMC”) in order to improve clarity, eliminate ambiguities and inconsistencies, and to address certain changes in state law;
WHEREAS, On March 14, 2024, the Planning Commission held a duly noticed public hearing and which it adopted (5-0) Resolution No. 2055 recommending that the City Council amend portions of Title 3 (Finance, Purchasing, and Risk Management), Title 5 (Public Health, Welfare, and Sanitation), Title 4 (Regulation of Certain Types of Businesses and Activities), Title 10 (Planning and Zoning) of the BHMC to add or clarify language to provide streamlined -2-
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application of code provisions, and to align code language with current practices and state law requirements (collectively, the “Amendments”); and
WHEREAS, The City Council, at a regular meeting, considered the Ordinance on April 16, 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.

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

Section 1. 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 Element (LU)
Goal LU 3 (Managed Change) calls for orderly and well-planned change to the community that provides for the needs of existing and future residents and business, effective and equitable provision of public services, and makes efficient use of land and infrastructure.

Amending the zoning code to clarify language and align it with current practices will contribute to creating orderly change to the community by providing clear rules to regulate land use. Additionally, periodic modifications to the code will contribute to the provision of effective public services in that accurate and understandable land use rules will be available for the use in the community.
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Policy LU 16.11 (Community Engagement) encourages engaging all segments of the community in planning decisions. It calls for the maintenance and enhancement of the public involvement process to assure transparency and enable the public to be wellinformed. Amending the code periodically to address inconsistencies and to align the code with current City practice ensures that the code is legible and accurate, which enhances the ability of the public to understand regulations that govern development projects. The amendment will reinsert the specification of a 100-foot radius for adjacent neighbor that was unintentionally removed in a previous code update. The amendment would also remove unnecessary noticing for adjacent neighbors from view restoration requests and make it consistent with the City’s historic practices. Both these clarifications will help improve compliance with the City’s public noticing process while preserving its integrity.

Policy LU 8.2 (Day Care Centers) directs the maintenance of regulations for large-family day care facilities as defined by the State and childcare centers to the extent permitted by State law to ensure that impacts on residential neighborhoods are minimized. The amendment would bring City regulations for family daycare homes into compliance with the requirements of The Keeping Kids Close to Home Act (SB 234, Skinner). Consistent with the Act, the amendment would treat small and large family daycare homes as a byright residential use of property.

Policy LU 2.3 (Hillside Development) advances the maintenance of the natural landforms that define the City and requires that development on hillsides and in canyon areas be located, designed, and scaled to respect the natural topography and landscape. Reinstating the reference to the Hillside R-1 permit process clarifies that certain deviations for series -4-
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of walls could be allowed after analyzing the impact on the character, scale, and integrity of the design and ensure it is appropriate for the subject site.

Goals LU 6 (Single-Family Residential Neighborhoods) and LU 7 (Multi-Family Residential) celebrate residential neighborhoods that are well designed and maintain the character and quality of the City. The amendments eliminate inconsistencies for multifamily guest parking requirements and the Hillside R-1 permit process for series of walls, promoting design that coheres with the City’s past practices and built environment.

New graphics to illustrate accessory structure height plane and series of walls will further advance designs that uphold the City’s character and quality.

Section 2. Subsections 10-3-2413 C. and D. of Article 24 (Single-Family Residential Development Standards for the Central Area of the City) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC are hereby amended to read as follows, with the addition of new Figure 1, with all other provisions of Section 10-3-2413 remaining in place without amendment:
“C. Side Setback Encroachment: Notwithstanding any other provision of this chapter, an accessory building located on a site south of Santa Monica Boulevard may be erected within a required side yard if:
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1. The side lot line abuts an alley and no portion of the building within the side yard exceeds a height of fourteen feet (14'); or

D. Rear Setback Encroachment: Notwithstanding any other provision of this chapter, an accessory building located on a site south of Santa Monica Boulevard may be erected within a required rear yard if:

1. The rear lot line abuts an alley and no portion of the building within the rear yard exceeds a height of fourteen feet (14'); or

Accessory Structure Height Limitation for Non-Alley Side/Rear Setback Central Area, South of Santa Monica Boulevard
”
Section 3. Subsections 10-3-2414 B. and C. of Article 24 (Single-Family Residential Development Standards for the Central Area of the City) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC are hereby amended to read as follows, with the addition of new Figures 1 and 2, with all other provisions of Section 10-3-2414 remaining in place without amendment:
“B. Side Setback Encroachment: Notwithstanding any other provision of this chapter, an accessory building located on a site north of Santa Monica Boulevard may be erected within a required side yard if:

1. The side lot line abuts an alley and no portion of the building within the side yard exceeds a height of fourteen feet (14'); or

2. The side lot line does not abut an alley and no portion of the building within the side yard exceeds a height of fourteen feet (14') or intersects a plane commencing seven feet (7') in height, measured at the side lot line, and extending at a slope of two horizontal to one vertical (2:1) toward the interior of the site area. See Figure 1 of this section. -7-
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Figure 1
Accessory Structure Height Limitation for Non-Alley Side Setback Central Area, North of Santa Monica Boulevard
However, notwithstanding the provisions of this subsection, an accessory building located on a site north of Santa Monica Boulevard shall maintain a side setback of four feet (4') unless the accessory structure is located in a side yard abutting an alley.

For an accessory building located in a required side yard on a site north of Santa Monica Boulevard, the limitations set forth in subsections B1 and B2 of this section may be modified by a minor accommodation issued in accordance with the procedure set forth in subsection E of this section provided the accessory structure complies with all of the requirements set forth in subsection G of this section or by a Central R-1 permit issued in accordance with the procedure set forth in subsection F of this section. However, under no circumstances shall the height of an accessory structure be permitted to exceed the maximum height that would be allowed in the principal building area. -8-
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C. Rear Setback Encroachment: Notwithstanding any other provision of this chapter, an accessory building located on a site north of Santa Monica Boulevard may be erected within a required rear yard if:

1. The rear lot line abuts an alley and no portion of the building within the rear yard exceeds a height of fourteen feet (14'); or

Figure 2
Accessory Structure Height Limitation for Non-Alley Rear Setback Central Area, North of Santa Monica Boulevard
”
Section 4. Subsection 10-3-2516 E. of Article 25 (Single-Family Residential Development Standards for the Hillside Area of the City) of Chapter 3 (Zoning) of Title 10 -9-
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(Planning and Zoning) of the BHMC are hereby amended to read as follows, with the addition of new Figure 1, with all other provisions of Section 10-3-2516 remaining in place without amendment:
“E. Areas Other Than Front And Street Side Yards: The maximum allowable height for that portion of a wall, fence, or hedge located outside of all front and street side yards shall be seven feet (7'), as measured per the definition of "height of wall, fence, or hedge" located in section 10-3-100 of this chapter. Further, under no circumstance shall the height of the wall, fence, or hedge, measured on the side farther from a property line exceed twelve feet (12'). See Figure 1 of this section.

Figure 1
Maximum Height Restrictions for Walls, Fences, and Hedges -10-
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Outside Front and Street Side Yards
”
Section 5. Paragraph F of Section 10-3-2516 (Walls, Fences, and Hedges) of Article 25 (Single-Family Residential Development Standards For the Hillside Area of the City) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows, with all other provisions of Section 10-3-2516 remaining in place without amendment:
“F. Series Of Walls: If a series of walls, or portions of a wall, are constructed on the same property so that a perpendicular section cut through a wall would intersect more than one wall segment and would intersect a total height of seven feet (7') or more, then a minimum ten foot (10') landscaped area must be provided between the wall segments. Such landscaping shall consist of climbing vines or alternative vegetation that will substantially screen the walls. Furthermore, the cumulative height of a series of walls shall not exceed twelve feet (12') within any fifty-foot (50') perpendicular section cut through the wall segments. See Figure 2 of this section.

Figure 2
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Series of Walls

Section 10. The definition of “Small Family Daycare Home” in Section 10-3-100 (Words Defined) in Article 1 (Definitions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby deleted.

Section 11. The row entitled “Large family daycare permit” in the table of Subsection 10-3-253 B. (Special Notice Requirements) of Article 2.5 (Public Notice Requirements) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby deleted with all other provisions in Section 10-3-253 B., including its table, remaining in place without amendment.

Section 12. The rows entitled “Family daycare home, Small, Large,” in the singlefamily zoning district table in paragraph A. of 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 (Zoning) of Title 10 (Planning and Zoning) of the BHMC are hereby amended and replaced with the following row, with all other provisions in Section 10-3-302, including all other rows in its table, remaining in place without amendment:
“
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
Family daycare
homes, licensed
pursuant to state
law

P P P P P P P P
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”
Section 13. A new row entitled “Family daycare homes, licensed pursuant to state law” is hereby added to the multi-family zoning district table in paragraph B of 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 (Zoning) of Title 10 (Planning and Zoning) of the BHMC between the rows “Transitional and supportive house” and “Emergency shelters,” to read as follows, with all other provisions in Section 10-3-302, including its table, remaining in place without amendment:
“
P = Permitted use CUP = Conditional use permit
R-4 RMCP
Special
Needs
Housing
Overlay
Zone4
R-4X1 R-4X2 R-3 R-4-P
Family daycare
homes, licensed
pursuant to state law

P P P P P P
”
Section 14. Section 10-3-408 (Large Family Daycare Homes) of Article 4 (One-Family Residential Zone (R-1)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby repealed.

Section 15. Section 10-3-503 (Large Family Daycare Homes) of Article 5 (One-Family Residential Zone (R-1.X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby repealed.
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Section 16. Section 10-3-603 (Large Family Daycare Homes) of Article 6 (One-Family Residential Zone (R-1.5)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby repealed.

Section 17. Section 10-3-702 (Large Family Daycare Homes) of Article 6 (One-Family Residential Zone (R-1.5X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby repealed.

Section 18. Section 10-3-803 (Large Family Daycare Homes) of Article 7 (One-Family Residential Zone (R-1.5X2)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby repealed.

Section 19. Section 10-3-902 (Large Family Daycare Homes) of Article 9 (One-Family Residential Zone (R-1.6X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby repealed.

Section 20. Section 10-3-1002 (Large Family Daycare Homes) of Article 10 (OneFamily Residential Zone (R-1.7X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby repealed.

Section 21. Section 10-3-1103 (Large Family Daycare Homes) of Article 10 (OneFamily Residential Zone (R-1.8X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby repealed.

Section 22. 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 BHMC is hereby amended to read as follows:
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“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, family daycare home licensed pursuant to state law, small community care facility, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "singlefamily 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 23. 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 BHMC 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, family daycare home licensed pursuant to state law, small community care facility, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "singlefamily 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 -17-
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residence. Use of a single-family residence for a single-family transient use more than twice per calendar year is prohibited.”
Section 24. 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 BHMC 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, family daycare home licensed pursuant to state law, small community care facility, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "singlefamily 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 or for a single-family transient use more than twice per calendar year is prohibited.”
Section 25. 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 BHMC 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 -18-
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occupied for any purpose except as a private one-family residence, family daycare home licensed pursuant to state law, small community care facility, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "singlefamily 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 26. 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 BHMC 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, family daycare home licensed pursuant to state law, small community care facility, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "singlefamily 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.”
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Section 27. 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 BHMC 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, family daycare home licensed pursuant to state law, small community care facility, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "singlefamily 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 28. 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 BHMC 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, family daycare home licensed pursuant to state law, small community care facility, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "single- -20-
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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 29. 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 BHMC 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, family daycare home licensed pursuant to state law, small community care facility, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "singlefamily 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 30. Section 10-3-1202 (Uses and Buildings Permitted) of Article 11 (Multiple Residential Zone (R-4)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-1202: USES AND BUILDINGS PERMITTED:
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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 one accessory dwelling unit on a lot developed only with a single-family dwelling subject to the criteria in section 10-3-409 of this chapter; a family daycare home; a small community care facility; or transitional or supportive housing structured as a single-family residence or as a multiple-family dwelling.”
Section 31. Article 15.2 (Residential Density Bonus) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended in its entirety to read as follows:
“ARTICLE 15.2. RESIDENTIAL DENSITY BONUS.
10-3-1520. PURPOSE.

The purpose of the provisions of this Article is to provide incentives for the production of specific housing types for populations, including, but not limited to, very low income, lower income, moderate income, seniors, transitional foster youth, and lower income students, in accordance with Government Code Section 65915, commonly referred to as the State Density Bonus Law. In enacting this division, it is the intent of the City to facilitate the development of the goals, objectives, and policies of the Housing Element of the City’s General Plan.
10-3-1521: DENSITY BONUS PERMIT REQUIRED:

No developer shall be granted a density bonus or other incentive pursuant to this article unless that developer has been issued a density bonus permit pursuant to the procedures set forth in this article.
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10-3-1522: APPLICABILITY OF OTHER REGULATIONS:

Except as otherwise specifically authorized by a density bonus permit, no development shall be constructed pursuant to this article except in compliance with each provision of this chapter that is applicable to the zone in which the development is located, including any requirement for discretionary review of a development project, such as development plan review.
10-3-1523: APPLICATIONS:

In addition to any other discretionary review required for a proposed housing project, applications for a density bonus permit shall be filed with the director of community development on a form approved by the director. The application shall be filed concurrently with an application for a development plan review. The fee for processing a density bonus permit application shall be determined in accordance with the City’s current Comprehensive Schedule of Taxes, Fees, and Charges at the time the application is filed. 10-3-1524 DENSITY BONUS PROVISIONS:

A. City staff shall process the application for a density bonus permit in the same manner as, and concurrently with, the application for a development plan review or any discretionary or administrative approval that is required by this Code.

B. The density bonus permit application shall clearly indicate the number of base units allowed by the City general plan and zoning regulations, the number of density bonus units requested, and the number of affordable units that will be included in the proposed project.

The applicant shall submit reasonable documentation to establish eligibility for a requested density bonus, incentives or concessions, waivers or reductions of development standards, and parking ratios, to the satisfaction of the director of community development. -23-
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C. For a housing development qualifying pursuant to the requirements of Government Code Section 65915, the City shall grant a density bonus in an amount specified by Government Code Section 65915. The density bonus units shall not be included when calculating the total number of housing units that qualifies the housing development for a density bonus, except as may otherwise be required by Government Code Section 65915.

D. For the purpose of calculating the density bonus, the “maximum allowable residential density” shall be the greatest density allowed under the zoning ordinance, specific plan, or land use element of the general plan, or, if a range of density is permitted, the greatest allowable density for the specific zoning range and land use element of the general plan applicable to the project. If the applicable zoning ordinance, specific plan, or land use element of the general plan does not provide standard for density per acre, the developer shall prepare a base density study to calculate the number of base units pursuant to the provisions of Government Code Section 65915(o)(6).

E. The City shall grant the applicant the number of incentives and concessions required by Government Code Section 65915. The City shall grant the specific concession(s) or incentive(s) requested by the applicant, unless it makes any of the relevant written findings stated in Government Code Section 65915(d) to support not granting the requested concession(s) or incentive(s). Senior citizen housing developments that qualify for a density bonus shall not receive any incentives or concessions, unless Government Code Section 65915 is amended to specifically require that local agencies grant incentives or concessions for senior citizen housing developments.

F. Except as restricted by Government Code Section 65915, the applicant for a density bonus may submit a proposal for the waiver or reduction of development standards that -24-
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have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions granted to the applicant.

A request for a waiver or reduction of development standards shall be accompanied by adequate information to allow the city to make a determination as to whether requested waiver or reduction is physically necessary to construct the housing development with the additional density allowed pursuant to the density bonus and incorporating any incentives or concessions required to be granted. The City shall approve a waiver or reduction of a development standard, unless it makes a required finding under Government Code Section 65915 (e).
10-3-1525: ELIGIBILITY GUARANTEES:

Prior to the construction of a development project pursuant to a density bonus permit, the developer shall ensure continued affordability of units designated for lower and very low income households to the satisfaction of the city attorney and as required by California Government Code section 65915 or its successor statute.

Also prior to the construction of a development project pursuant to a density bonus permit, with regard to dwelling units designated for qualifying senior residents, the developer shall ensure continued restriction of those units to qualifying senior residents and qualified permanent residents to the satisfaction of the city attorney and as provided in California Civil Code section 51.3 or its successor statute.

Additionally, prior to the issuance of a density bonus permit for a development in which the units will be sold to moderate income households, the developer shall ensure that the initial occupants of such units meet the applicable income limits to the satisfaction of the city attorney and as required by California Government Code section 65915 or its successor -25-
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statute. In addition, the developer shall ensure that, upon resale, the city recaptures its proportionate share of the appreciation of such units to the satisfaction of the city attorney and as required by California Government Code section 65915 or its successor statute. 10-3-1526: APPEALS:

Any decision of the planning commission made pursuant to this article may be appealed by the applicant or any other interested party as provided in title 1, chapter 4, article 1 of this code.
10-3-1527: GUIDELINES:

All applications for a density bonus permit shall be processed pursuant to the guidelines for density bonus permit applications as may be adopted by the city council from time to time and maintained on file in the department of community development. 10-3-1528: OCCUPANCY PRIORITY:

Occupancy priority for eligible units shall conform to the following eight (8) tiers.

A. Tier 1 - Senior Tenants Displaced From The Project Site: First priority shall go to income qualified households in which at least one member is a senior (62 years and older) and that have been or will be required to vacate existing dwelling units on the site of development so that an owner or developer may perform any construction, renovation or addition pursuant to a density bonus permit. If the number of qualified applicants in this tier exceeds the number of available units, then the order in which the units are offered to Tier 1 applicants shall be based on the period of time that the longest tenured member of the household resided at the project site, from longest to shortest, and a lottery shall be held within this tier to determine the order in which the units are offered to any Tier 1 applicants having the same period of residency at the project site. -26-
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B. Tier 2 - Tenants With Beverly Hills Unified School District Students Displaced From The Project Site: Second priority shall go to income qualified households that include as part of the household a legal guardian of one or more students currently enrolled in and attending the Beverly Hills Unified School District in grade 10 or lower, and that have been or will be required to vacate existing dwelling units on the site of development so that an owner or developer may perform any construction, renovation or addition pursuant to a density bonus permit. If the number of qualified applicants in this tier exceeds the number of available units, the order in which the units are offered to Tier 2 applicants shall be based on the period of time that the longest tenured member of the household resided at the project site, from longest to shortest, and a lottery shall be held within this tier to determine the order in which the units are offered to any Tier 2 applicants having the same period of residency at the project site.

C. Tier 3 -Tenants Displaced From The Project Site: Third priority shall go to income qualified households that have been or will be required to vacate existing dwelling units on the site of development so that an owner or developer may perform any construction, renovation or addition pursuant to a density bonus permit. If the number of qualified applicants in this tier exceeds the number of available units the order in which the units are offered to Tier 3 applicants shall be based on the period of time that longest tenured member of the household resided at the project site, from longest to shortest, and a lottery shall be held within this tier to determine the order in which the units are offered to Tier 3 applicants having the same period of residency at the project site.

D. Tier 4 - Displaced Senior Households: Fourth priority shall go to income qualified households in which at least one member is a senior (62 years and older) and that have or -27-
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will be displaced or evicted from a multi-family building in the City other than the project site for the purpose of redevelopment if either: (1) the multi-family building was demolished for redevelopment within the two years immediately preceding the date on which applications for the affordable housing units are due; or (2) the multi-family property to be redeveloped has received all entitlements, excluding building permits, and such redevelopment requires all residents to vacate the site, provided that such entitlements, or subsequent entitlements remain valid and have not expired on the date the applications for the affordable housing units are due. If the number of qualified applicants in this tier exceed the number of available units, the order in which the units are offered to Tier 4 applicants shall be based on the period of time that the longest tenured members of the household resided at the multi-family building to be redeveloped, from longest to shortest, and a lottery shall be held within this tier to determine the order in which the units are offered to the Tier 4 applicants having the same period of residency at the project site.

E. Tier 5 - Displaced Tenants With Beverly Hills Unified School District Students: Fifth priority shall go to income qualified households that include as part of the household a legal guardian of one or more students currently enrolled in and attending the Beverly Hills Unified School District in grade 10 or lower, and that have or will be displaced or evicted from a multi-family building in the City other than the project site for the purpose of redevelopment if either: (1) the multi-family building was demolished for redevelopment within the two (2) years immediately preceding the date on which applications for the affordable housing units are due; or (2) the multi-family property to be redeveloped has received all entitlements, excluding building permits, and such redevelopment requires all residents to vacate the site, provided that such entitlements, or subsequent entitlements, -28-
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remain valid and have not expired on the date the applications for the affordable housing units are due. If the number of qualified applicants in this tier exceed the number of available units, the order in which the units are offered to Tier 5 applicants shall be based on the period of time that the longest tenured member of the household resided at the multifamily building to be redeveloped, from longest to shortest, and a lottery shall be held within this tier to determine the order in which the units are offered to the Tier 5 applicants having the same period of residency at the project site.

F. Tier 6 - Displaced Households: Sixth priority shall go to income qualified households displaced from a multi-family building in the City that have or will be displaced or evicted from a multi-family building in the City other than the project site for the purpose of redevelopment if either: (1) the multi-family building was demolished for redevelopment within the two (2) years immediately preceding the date on which applications for the affordable housing units are due; or (2) the multi-family property to be redeveloped has received all entitlements, excluding building permits, and such redevelopment requires all residents to vacate the site, provided that such entitlements, or subsequent entitlements, remain valid and have not expired on the date the applications for the affordable housing units are due. If the number of qualified applicants in this tier exceed the number of available units, the order in which the units are offered to Tier 6 applicants shall be based on the period of time that the longest tenured member of the household resided at the multifamily building to be redeveloped, from longest to shortest, and a lottery shall be held within this tier to determine the order in which the units are offered to the Tier 6 applicants having the same period of residency at the project site. -29-
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G. Tier 7 - Senior Households: Income qualified households with at least one member who is a senior (62 years and older). If the number of qualified applicants in this tier exceeds the number of available units, then a lottery shall be held within this tier to determine the order in which the units are offered to the Tier 7 applicants.

H. Tier 8 - Other Income Qualified Households: Income qualified households that do not meet the requirements of Tiers 1-7. If the number of qualified applicants in this tier exceeds the number of available units, then a lottery shall be held within this tier to determine the order in which the units are offered to the Tier 8 applicants.

I. Exceptions:

1. In the event that a density bonus is granted for specific tenants pursuant to State Density Bonus Law (California Government Code § 65915 (b)(1)(E)) then the tiered list provided in this section shall not be used to fill the affordable housing units.

2. In the implementation of these priorities, the City shall in no way discriminate against any person or family due to disability.”
Section 32. The City of Beverly Hills Zoning Map is hereby amended to retitle the Church Zone, comprising of lots 1901 and 1902 in tract 6380, as “Religious Institution Zone” as shown on the map attached hereto as Exhibit A. Notwithstanding the title change, all previously vested rights, entitlements, and permissions applicable under the former “Church Zone” designation shall remain in full force and effect. This map amendment does not alter existing or future permitted uses, conditions, or obligations previously established by the Church Zone for the affected properties.
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Section 33. Section 4-2-1704 (Restrictions and Prohibitions) of Article 17 (Veterinary Clinic and Pet Shops) of Chapter 2 (Regulatory Business Permits) of Title 4 (Regulation of Certain Types of Businesses and Activities) of the BHMC is hereby amended to read as follows:
“4-2-1704: RESTRICTIONS AND PROHIBITIONS:

Veterinary clinics and pet shops are prohibited within fifty feet (50') of any residence, dwelling house, lodging house, hotel, school, theater, religious institution, or restaurant.” Section 34. Section 4-5-606 (Physical Relocation in Lieu of Fee) of Article 6 (Relocation Fees) of Chapter 5 (Rent Stabilization, Part I) of Title 4 (Regulation of Certain Types of Businesses and Activities) of the BHMC is hereby amended to read as follows:
“4-5-606: PHYSICAL RELOCATION IN LIEU OF FEE:

In lieu of the relocation fee required by section 4-5-605 of this chapter, the landlord, at his option, may relocate the tenant into a comparable replacement apartment unit satisfactory to the tenant, in which event the landlord shall be liable only for the actual costs of relocating the tenant, up to the maximum as set forth in section 4-5-605 of this chapter per apartment unit. A tenant shall not unreasonably withhold the approval of a replacement apartment unit offered by the landlord. For the purposes of this section only, comparability shall be determined from the following factors: size, price, location, proximity to medical and recreational facilities, parks, community centers, shops, transportation, schools, religious institutions, amenities, and, if the tenant desires, the location of the apartment unit in the city.”
Section 35. Paragraph F of Section 4-6-9 (Relocation Fee) of Chapter 6 (Rent Stabilization, Part II) of Title 4 (Regulation of Certain Types of Businesses and Activities) of the -31-
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BHMC is hereby amended to read as follows, with all other provisions in Section 4-6-9 remaining in place without amendment:
“F. Relocation Of Tenant: In lieu of the relocation fee required by subsection E of this section, the landlord, at his or her option, may relocate the tenant into a comparable replacement apartment unit satisfactory to the tenant, in which event the landlord shall be liable only for the actual costs of relocating the tenant, up to the maximum as set forth in subsection E of this section per apartment unit. A tenant shall not unreasonably withhold the approval of a replacement apartment unit offered by the landlord. For the purposes of this paragraph only, comparability shall be determined from the following factors: size, price, location, proximity to medical and recreational facilities, parks, community centers, shops, transportation, schools, religious institutions, amenities, and, if the tenant desires, the location of the apartment unit in the City.”
Section 36. Section 5-1-206 (Noise In Proximity Of Schools, Hospitals, and Churches) of Article 2 (Specific Noise Sources and Regulations) of Chapter 1 (Noise Regulations) of Title 5 (Public Health, Welfare, and Sanitation) of the BHMC is hereby retitled and amended to read as follows:
“5-1-206: NOISE IN PROXIMITY OF SCHOOLS, HOSPITALS, AND RELIGIOUS INSTITUTIONS:

It shall be unlawful for any person to create any noise on any street, sidewalk, or public place adjacent to any school, institution of learning, or religious institution while the same is in use, or adjacent to any hospital; which noise substantially and unreasonably interferes with the workings of such institutions or which disturbs or unduly annoys patients in the -32-
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hospital, provided that conspicuous signs are displayed on such street, sidewalk, or public place indicating the presence of a school, religious institution, or hospital” Section 37. The definition of “Religious Institution” in Section 10-3-100 (Words Defined) in Article 1 (Definitions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby added between “Reasonable Accommodation” and “Residential Zone” to read as follows:
“RELIGIOUS INSTITUTION: Any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.” Section 38. Section 10-3-505 (Exceptions; Churches) in Article 5 (One-Family Residential Zone (R-1.X) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby retitled and amended to read as follows:
“10-3-505: EXCEPTIONS; RELIGIOUS INSTITUTIONS
Lots 4, 5, and 6, block 1, tract 6217, and lots 1, 2, and 3, block 51, tract Beverly Hills, shall be used for private one-family residences only unless used for religious institution purposes.”
Section 39. Section 10-3-1602 (Building Restrictions) of Article 16 (Building Restrictions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-1602: BUILDING RESTRICTIONS:

No building, structure, or improvement shall be erected, constructed, established, altered, or enlarged in zone C-3 which is designed, arranged, or intended to be used or occupied, -33-
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and no building now existing or hereafter to be constructed in zone C-3 shall be used or occupied for any purpose other than as:

Café.

Carpenter shops.

Clubhouse.

Commercial garages.

Conservatories.

Dancing academies.

Dressmaking or millinery shops or stores.

Hotel.

Library.

Lunchroom.

Medical uses as defined in section 10-3-100 of this chapter that comply with section 10-3-1620.1 of this article and cosmetic spas that comply with section 10- 3-1620.2 of this article.

Offices.

Paint, paperhanger, and decorating stores.

Photographic galleries.

Places of amusement.

Playground.

Plumbing shops.

Religious Institutions.

Roofing or plastering stores or offices.
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School.

Store or shop for conducting wholesale or retail businesses.

Studios.

Tailors.

Upholsterers.

Other similar enterprises and institutions, except as in this chapter otherwise provided.”
Section 40. Article 22 (Church Zone) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended in its entirety to read as follows:
“ARTICLE 22. RELIGIOUS INSTITUTION ZONE.
10-3-2201: RELIGIOUS INSTITUTION ZONE CREATED; LOTS 1901 AND 1902, TRACT 6380:

There hereby is established and created in the city a special religious institution zone consisting of lots 1901 and 1902 in tract 6380 to be used for religious purposes.” Section 41. Row “2” of Subsection 10-3-2730 B. (Parking; Requirements) of Article 27 (Other Use and Building Restrictions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows, with all other provisions in Section 10-3-2730 B., including its table, remaining in place without amendment:
“
Type Of Use Required Spaces

2. Theaters, auditoriums, and public assembly areas with fixed seats, including, but not limited to, religious institutions, and schools above the elementary level
1 space per 4 seats
”
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Section 42. The row entitled “Commission/Council Level (cont.) in the table of Subsection 10-3-253 A. (Standard Requirements) in Article 2.5 (Public Notice Requirements) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows with all other provisions in Subsection 10-3-253 A., including its table, remaining in place without amendment:
“
Commission/Council
Level (cont.)
On-site
posted
notice of
public
hearing
required for
all
commission
level
projects
Maps
(tentative,
and
parcel)
Specific
Plan
Variance
Hillside
Area:
1,000
foot
radius,
plus
notice to
either all
properties
in
Hillside
Zone 1 or
Hillside
Zone 2
Trousdale
Estates
Area:
1,000
foot
radius
Hillside Area: 1,000 foot radius,
plus notice to either all properties
in Hillside Zone 1 or Hillside
Zone 2
Trousdale Estates Area: 1,000
foot radius
Adjacent Neighbor Mailed
Notice (Single-Family Zones):
100-foot radius
”
Section 43. The row entitled “View Restoration” in table of Subsection 10-3-253 B. (Special Notice Requirements) in Article 2.5 (Public Notice Requirements) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows, with all other provisions in Section 10-3-253 B., including its table, remaining in place without amendment:
“
-36-
B0785-0009\2943845v1.doc
Development
Application
Special Public Notice Requirements
View restoration 1. Notice to Foliage Owner(s): Notice that a formal request for a View Restoration Permit hearing has been filed with the City, attaching a copy of the application, a copy of the View Restoration Guidelines, and an authorization form that would allow staff and the Planning Commission to visit the Foliage Owner's property shall be mailed in a timely manner after the application for a View Restoration Permit has been deemed complete.

2. Public Hearing Notice: Notice of any hearing held pursuant to this section shall be mailed at least 30 days prior to such hearing by United States mail, postage paid, to the applicant and to all owners who are identified as foliage owners in the view restoration permit application, as shown on the latest equalized assessment roll, as well as residential occupants of the foliage owners' properties.

3. Notice Of Decision: Within 5 days after the issuance of a decision by the reviewing authority, the Director of Community Development shall cause a copy of the decision to be mailed through the United States mail, postage prepaid, to each of the following persons:
a. The view owner, using the mailing address set forth in the application;
b. Each foliage owner that is named on the application, as listed on a current Tax Assessor's roll and to the occupant of the foliage owner's property if the foliage owner's address is different from the property on which the foliage is located.

The failure of the person addressed to receive a copy of the decision shall not affect the validity or effectiveness of any decision. ”
Section 44. Section 10-3-2739 (Guest Parking; Multiple-Family Residential Zones) of Article 27 (Other Use and Building Restrictions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby repealed.

Section 45. Subparagraph 4. or paragraph D. of Section 4-2-1740 (Operating Requirements) of Article 17.1 (Animal Grooming) of Chapter 2 (Regulatory Business Permits) of Title 4 (Regulation of Certain Types of Businesses and Activities) of the BHMC is hereby -37-
B0785-0009\2943845v1.doc
amended to read as follows, with all other provisions of section 4-2-1740 remaining in place without amendment:
“4. Animals shall not be boarded at the facility. Animals shall only be kept at a grooming facility for a reasonable time in order to perform the business of grooming.” Section 46. Section 10-3-1604 (Conditionally Permitted Uses) of Article 16 (Commercial Zone (C-3)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-1604: CONDITIONALLY PERMITTED USES:

The following uses shall be permitted in the C-3 Zone only if authorized by a conditional use permit issued pursuant to the provisions of article 38 of this chapter:

Alternative parking facilities used to provide required parking for commercial uses, excluding medical uses, pursuant to section 10-3-2730.4 of this chapter.

Amusement parks.

Brewing or manufacture of alcoholic beverages that is ancillary to a dining or bar use or is ancillary to a retail store that sells alcoholic beverages.

Car washes that:

A. Are enclosed in a building;
B. Exclusively serve a business whose operation is primarily devoted to the sales, long term leasing or rental of automobiles or other motorized vehicles; C. Are located on the site of the business being served; and D. Do not exceed twenty feet (20') in width or forty feet (40') in length. -38-
B0785-0009\2943845v1.doc
When reviewing the conditional use permit application for such car washes, the Planning Commission shall consider the conditional use permit criteria set forth in section 10-3- 1613 of this article.

Childcare uses licensed pursuant to State law.

Convenience stores not occupying a tenant space whose primary entrance opens into the interior of a commercial building.

Cosmetic spas pursuant to section 10-3-1620.2 of this article.

Drive-up, drive-in and drive-through facilities, subject to the provisions of section 10-3- 1612 of this article.

Educational institutions.

Hotels, subject to the provisions of article 28.6 of this chapter.

Mini-shopping centers subject to the provisions of section 10-3-1611 of this article.

Museums.

Nightclubs within the business triangle, subject to the provisions of section 10-3-1619 of this article. For the purposes of this use, the "business triangle" shall mean the area bounded by the centerline of Wilshire Boulevard, the centerline of Santa Monica Boulevard, south roadway, and the centerline of the alley between Canon Drive and Crescent Drive.

Off site parking pursuant to section 10-3-2733 of this chapter.

Private training centers of more than three thousand (3,000) square feet of floor area in the business triangle and more than two thousand (2,000) square feet of floor area outside the business triangle.

Public utility uses, except as provided in section 10-3-2754 of this chapter.

Religious institutions.
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B0785-0009\2943845v1.doc
Vehicles sales, service or fuel stations, subject to the provisions of section 10-3-1613 of this article and not otherwise prohibited by section 10-3-1603 of this article.

A. The establishment or expansion of any activity that qualifies as a vehicle sales, service or fuel station use shall require a separate conditional use permit.

B. Notwithstanding other provisions of this use, a vehicle sales, service or fuel station that involves only the installation of vehicle accessories shall not require a conditional use permit unless such vehicle sales, service or fuel station is located adjacent to a Residential Zone or separated from a Residential Zone only by a public right-of-way. For the purposes of this use, the term "vehicle accessories" shall include, but not be limited to, tires and alarms, but shall not include engine or body parts.”
Section 47. Section 10-3-2003 (Conditionally Permitted Uses) of Article 20 (Commercial Zone (C-5)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“Religious institution uses.

Restaurant uses that are located on lots that abut Maple Drive, and that are open after six o'clock (6:00) P.M. However, nothing in this section shall permit the operation of a restaurant in violation of the requirements of section 10-3-2005 of this chapter.

Theater/auditorium uses with a maximum capacity of no more than four hundred fifty (450) persons.

Vehicle sales and service uses prohibited by section 10-3-2002 of this chapter, but in existence on September 1, 1991. Any expansion of such use shall require a conditional use permit and shall be limited to property that is contiguous to the site area occupied by the use on September 1, 1991.
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B0785-0009\2943845v1.doc
Veterinary hospital uses prohibited by section 10-3-2002 of this chapter, but in existence on September 1, 1991. Any expansion of such use shall require a conditional use permit and shall be limited to the site area occupied by the use on September 1, 1991.

Those uses not specifically permitted or prohibited by this article or otherwise conditionally permitted by this section.”
Section 48. Section 10-3-1620.3 (Pet Boarding Facilities) of Article 16 (Commercial Zone (C-3)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby repealed.

Section 49. CEQA Determination. The Amendments have been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq.(“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.), and the City’s Local CEQA Guidelines (hereafter the “Guidelines”). The City Council finds that the introduction and adoption of the Amendments are exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines, which applies the 'general rule' that CEQA does not extend to projects with no significant environmental effect.

The Amendments are also exempt under Section 15060(c)(2) of the CEQA Guidelines because no direct or reasonably foreseeable indirect physical environmental changes are expected. The project involves amending the existing zoning code with minor semantic changes and updates for consistency with state law. As such, there is no possibility that the Amendments would result in a significant effect on the environment because the modifications do not enable any physical changes to the environment, directly or indirectly.
-41-
B0785-0009\2943845v1.doc
Section 50. 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 52. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.

Adopted:

Effective:
____________________________
LESTER J. FRIEDMAN
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
EXHIBIT A – Draft Amended Zoning Map
-42-
B0785-0009\2943845v1.doc
EXHIBIT A – Draft Amended Zoning Map

BEVERLY BLVD

CINTHIA ST

N ORLANDO AVE N ORLANDO AVE
SAN

YSIDRO DR

SAN YSIDRO DR

S ROBERTSON BLVD

D E VO N AVE
LO

M A V SI TA DR

LARRABEE

N DOHENY
DR

W SUNSET BLV D

C OL DWATER

CANYON DR

COLDWATER CANYON DR

S BEVERLY DR

W PICO BLVD

WILSHIRE BLVD WILSHIRE BLVD WILSHIRE BLVD

WILSHIRE BLVD

SANTA MONICA BLVD

CRESCENT DR

WARNALL AVE
W 3RD ST

SAN VICENTE BLVD

S CAMDEN DR

SUNSET BLVD

MORENO DR

N OAKHURST DR

N MAPLE DR

N PALM DR

N MAPLE DR

S BEDFORD DR

BENEDICT C ANYON DR

FOX HILLS DR

CENTURY
PARK

N LE DOUX RD

LAKE DR

N HAMEL DR

BENECIA
AVE

SCHUMACHER
DR

HOLLOWAY
DOHENY
ALFRED
RD

N ROXBURY DR

N BEDFORD DR

N RODEO DR

BEVERWIL

S WOOSTER ST

REEVES ST

GLENVILLE DR

CARDIFF AVE
CLUB
VIEW
DR

LAUREL WAY

N CROFT AVE

S DOHENY DR

S P ALDING DR SPALDING DR

BRIER DR

EASTBORNE AVE

ANGELO DR

W OLYMPIC
BLVD

HARTFORD WAY

KEITH AVE

N SIERRA DR
N
CANON
DR

PECK DR
TOW ER
RD

N CRESCENT
DR
N

CRESCENT
DR

MELROSE

VIDOR DR

DAYTON WAY

SHERWOOD

S ALFRED ST
W 4TH ST

DURANT DR

ALPINE DR
ALPINE
DR

HILLC REST
RD

HILLCREST
RD

MELROSE AVE

LL O YD PL

WHITTIER
DR

WHITT EI R
DR

SUM MIT DR

CARMELITA
AVE

CHEROKEE LN

FOOTHILL
RD

PARK WAY

N REXFORD
DR

N REXFORD DR

N DOHENY DR

N WETHERLY DR

CIVIC CENTER DR

N LA PEER DR

N SWALL DR

N CLARK DR

LOMITAS
AVE

DICKS ST

BLACKBURN AVE

S HAMEL DR

TRENTON DR

ALTA DR
KINGS

N CROFT AVE
OLIVE

RANGELY AVE

DORRINGTON AVE
KINGS
N ELM
DR

S CANON DR

S OAKHURST DR

S WETHERLY DR

S ELM DR

ALF RED

S SWALL DR

WALDEN DR

S ALMONT DR

S CLARK DR

REEVES DR

S PALM DR

ELCAMINO DR

S MAPLE DR

S CRESCENT DR

S LINDEN DR

MCCARTY DR

S REXFORD DR

S ROXBURY DR
BONNER

LAKE FRANKLIN DR

S CORN NI G ST

N BEVE R LY
DR

N LINDEN DR

S GALE DR

ARDEN DR

ROBERT LN
KINGS
N
PALM
DR

N CARSON RD

FE R R ARIDR
N
MAPLE
DR

HEATH AVE

N STANLEY DR

EDRIS DR

STANLEY
HILLS
DR

CLARK ST

FOOTHILL RD

EVELYN PL

REXFORD DR
ENSLEY
AVE

PALM AVE
MARILY
N DR

N OAKHURST DR

S ORLANDO AVE

BRIGHTON WAY
MGM DR

HOLT AVE

MOUNTAIN DR

N ELM DR

N ALMONT DR

HILL CREST
DR

NORWICH

N HAMILTON DR
W
O
O
DLAND
DR

COV E WAY

BEVERLY
PK

CHALETTE DR

RI DGE M ONT DR

N LA CIENEGA BLVD

GREGORY WAY

OLYMPIC BLVD OLYMPIC BLVD OLYMPIC BLVD

S RODEO DR

S LA PEER DR

WHITWORTH DR

S SHENANDOAH ST

S BEDFORD ST

S SHERBOURNE DR

S HOLT AVE

S LA CIENEGA BLVD

OLYMPIC BLVD

CHALMERS DR

OAKHURST DR

CANFIELD AVE

S CREST DR

L VI ON AI AVE

S LA JOLLA AVE
ALVIRA
ST

GALAXY W AY

S BEVERLY DR

AVENUE OF THE STARS

CONSTELLATION BLVD

CENTURY PK W
THAYER

AVE HOLMBY AVE

S BEVERLY GLEN B L VD
S

BEVE RLY

GLEN BLV
D
CO
MSTO

C K AVE

VIRGINIA

SMITHWOOD

DANIELS AVE

CASTELLO
MOORE

WILLAMAN DR

MARYLAND
W 5TH ST

DREXEL AVE

COLGATE AVE

N ROBERTSON BLVD

N ARNAZ DR
W 3RD ST

ALDEN DR
W 3RD ST

ALDEN DR

BURTON WAY

S SAN VICENTE BLVD

OAKWOOD AVE

BEVERLY BLVD

ASHCROFT AVE

ROSEWOOD AVE

N PALM DR

ROSEWOOD AVE

WESTBOUR NE

WESTMOUN T

WEST KNOLL

N DOHENY DR

N CAMDEN DR
N

BEVERLY DR

CARMELITA AVE

ELEVADO AVE

SUNSET BLVD

SU NSET BLVD

N SANTA MONICA BLVD

S SANTA MONICA BLVD

PANDORA
AVE

N ROXBURY DR

N CRESCENT
DR

N BEVERLY DR
N
REXFO
R
D
D R

S CH U YLER
RD

WALLACE RI D GE HILLC
REST R
C
D

ARLA RIDGE

LOMA VIS TA D RARKELL DR

C ARLA RIDGE

CASTLE PL

TRO USDA L E PL

MAR T I N LN
HAYNES
CALLE
V
SI TA
DR

LAGO V I STA
DR
SUM
MI T
DR
SA N

YSIDRO DR

TO WER RD
T
O
W ER G
ROV E
DR
SU

MMIT RI DG
E DR
LAUREL
WAY

FRANKL NI CAN YO N
D
R

W ONDERLAND AVE

L O OKOUT MOUNTAIN AVE
BL U

E JAY WAY
R

ISING GLEN R
D

WALNUT DR

RIDPATH DR

KIRKW O O D DR

G R A ND VIE W

APPIAN WAY

NIGHTIN G ALE DR
KINGS

Q UEENS RD

SUNSE T PLAZA DR

T HR S HER

S EI RRA
A LTA
WAY

N DOHEN Y
D R

HILLDALE

HAMMOND ST

HANCOCK AVE
N
DOHENY
DR

SUNS E T PL A Z A

LON D ONDERRY

N WETHE R L Y
DR

R U G BY PL

A PPIAN WAY

S UNSET CREST

HILLGREEN
DR

LASKY DR

HACIENDA

FOUNTAIN AVE

ALTA LOMA

WEST KNOLL

CLINTON AVE

CHARLEVILLE BLVD

W PICO BLVD

CHARLEVILLE BLVD

LOMITAS AVE

N BEV ERLY
DR
S

BEVERLY DR

HUNTLEY

N LA CIENEGA BLVD

BURTON WAY

CLIFTON WAY
SHA D

OW HI L L WAY
LO MA
LIND
A DR
Zoning Map - City of Beverly Hills
ZONES

SINGLE FAMILY RESIDENTIAL
R-1 One-Family Residential Zone
R-1.X One-Family Residential Zone
R-1.5X One-Family Residential Zone
R-1.5X2 One-Family Residential Zone
R-1.6X One-Family Residential Zone
R-1.7X One-Family Residential Zone
R-1.8X One-Family Residential Zone

MULTI-FAMILY RESIDENTIAL
R-3 Multiple Residential Zone
R-4 Multiple Residential Zone
R-4X1 Residential Income and Multiple Dwelling Zone
R-4X2 Multiple Residential Zone
R-4-P Residential Parking Zone
RMCP Multiple-Family Residential-Commercial Parking
Zone

COMMERCIAL
C-3 Commercial Zone
C-3A Commercial Zone
C-3B Commercial Zone
C-3T-1 Commercial-Transition Zone
C-3T-2 Commercial-Transition Zone
C-3T-3 Commercial-Transition Zone
C-5 Commercial Zone

INSTITUTIONAL/GOVERNMENT
Religious Institution Zone
P-S Public Service Zone
S School
T-1 Transportation Zone
Parks, Reservoirs, Government (Unzoned)

SPECIFIC PLAN AREAS & OVERLAY
9900 Wilshire Specific Plan
Beverly Hilton Specific Plan
Beverly Hills Garden Specific Plan
Beverly Hills Hotel Specific Plan
One Beverly Hills Overlay Specific Plan
C-3 (AR) Adaptive Reuse Planned Development Overlay
Zone
C-H(O) Commercial Hotel Overlay Zone
C-R Commercial-Retail Overlay Zone
C-R-PD Commercial Retail Planned Development Overlay
Zone
E-O-PD Entertainment Office Planned Development
Overlay Zone
M-PD-2 Mixed Use Planned Development Overlay Zone
M-PD-3 Mixed Use Planned Development Overlay Zone
M-PD-4 Mixed Use Planned Development Overlay Zone
M-PD-5 Mixed Use Planned Development Overlay Zone
Medical Use Overlay Zone
T-O Transportation Overlay Zone
Mixed Use Overlay Zone
Hillside Area and Central Area Boundary
City Boundary
This map is for informational purposes. The City of
Beverly Hills makes no representations or warranties
of any kind with respect to the accuracy of the
information or data furnished herein.

Map produced by: City of Beverly Hills - IT - GIS
455 N. Rexford Dr. Beverly Hills, CA 90210
October 05, 2021

TROUSDALE

ESTATES

HILLSIDE
AREA

CENTRAL
AREA
E
0 970 1,940Feet
1:19,500

N ROBERTSON BLVD S ROBERTSON BLVD
Attachment 2
Planning Commission
Resolution No. 2055
1 RESOLUTION NO. 2055

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF BEVERLY HILLS RECOMMENDING ADOPTION OF

AN ORDINANCE OF THE CITY OF BEVERLY HILLS TO

AMEND THE BEVERLY HILLS MUNICIPAL CODE AND
ZONING MAP: CLARIFYING, ADDING, OR CORRECTING
LANGUAGE RELATED TO HILLSIDE R-1 PERMIT
REQUESTS FOR A SERIES OF WALLS; STATE LAW

REQUIREMENTS FOR FAMILY DAYCARE HOMES AND
DENSITY BONUS; RELIGIOUS INSTITUTIONS;

NOTIFICATION REQUIREMENTS FOR ADJACENT

NEIGHBOR MAILED NOTICE AND THE VIEW
RESTORATION PROCESS; MULTIFAMILY GUEST PARKING
STANDARDS; NEW CODE GRAPHICS ILLUSTRATING

EXISTING STANDARDS FOR ACCESSORY STRUCTURE
HEIGHT PLANE AND SERIES OF WALLS; REMOVAL OF
EXPIRED STANDARDS FOR PET BOARDING FACILITIES;

AND FINDING THE ORDINANCE TO BE EXEMPT UNDER

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA)
WHEREAS, the Planning Commission has considered the proposed Amendment to the City of Beverly Hills Municipal Code, as set forth and attached hereto as Exhibit A (the “Amendments”); and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on March 14, 2024, at which times it received oral and documentary evidence relative to the proposed Amendments; and
WHEREAS, the Planning Commission finds that the proposed Amendments are required because of the benefit to the public interest, health, safety, morals, peace, comfort, convenience, or general welfare, and that such Amendments are consistent with the general objectives, principles, and standards of the General Plan.

DocuSign Envelope ID: 82CD95FC-1FC4-42CD-8C8E-783C8E4BCFDC 2 NOW, THEREFORE, the Planning Commission of the City of Beverly Hills hereby finds, resolves, and determines as follows:

Section 1. The Amendments have been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq.(“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.), and the City’s Local CEQA Guidelines (hereafter the “Guidelines”). The Planning Commission finds that the introduction and adoption of the Amendments are exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines, which applies the 'general rule' that CEQA does not extend to projects with no significant environmental effect. The Amendments are also exempt under Section 15060(c)(2) of the CEQA Guidelines because no direct or reasonably foreseeable indirect physical environmental changes are expected. The project involves amending the existing zoning code with minor semantic changes and updates for consistency with state law. As such, there is no possibility that the Amendments would result in a significant effect on the environment because the modifications do not enable any physical changes to the environment, directly or indirectly.

Section 2. The Amendments are consistent with the objectives, principles, and standards of the General Plan. General Plan Goal LU 3 – Managed Change calls for orderly and well-planned change to the community that provides for the needs of existing and future residents and business, effective and equitable provision of public services, and makes efficient use of land and infrastructure. Amending the zoning code to clarify language and align it with current practices will contribute to creating orderly change to the community by providing clear rules to DocuSign Envelope ID: 82CD95FC-1FC4-42CD-8C8E-783C8E4BCFDC 3 regulate land use. Additionally, periodic modifications to the code will contribute to the provision of effective public services in that accurate and understandable land use rules will be available for the use in the community. General Plan Policy LU 16.11 – Community Engagement encourages engaging all segments of the community in planning decisions. It calls for the maintenance and enhancement of the public involvement process to assure transparency and enable the public to be well-informed. Amending the code periodically to address inconsistencies and to align the code with current City practice ensures that the code is legible and accurate, which enhances the ability of the public to understand regulations that govern development projects. For these reasons, the public interest, health, safety, morals, peace, comfort, convenience, and general welfare of the City requires adoption of the Amendments.

Section 3. The Planning Commission does hereby recommend to the City Council the adoption of an ordinance approving and enacting the proposed Amendment substantially as set forth in Exhibit A, which is attached hereto and incorporated herein by reference.
//
//
//
//
//
//
DocuSign Envelope ID: 82CD95FC-1FC4-42CD-8C8E-783C8E4BCFDC 4 Section 4. 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: March 14, 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: 82CD95FC-1FC4-42CD-8C8E-783C8E4BCFDC 5 EXHIBIT A
DocuSign Envelope ID: 82CD95FC-1FC4-42CD-8C8E-783C8E4BCFDC -1-
[DRAFT] ORDINANCE NO. 24-O-_______

AN ORDINANCE OF THE CITY OF BEVERLY HILLS TO

AMEND THE BEVERLY HILLS MUNICIPAL CODE AND
ZONING MAP: CLARIFYING, ADDING, OR CORRECTING
LANGUAGE RELATED TO HILLSIDE R-1 PERMIT
REQUESTS FOR A SERIES OF WALLS; STATE LAW

REQUIREMENTS FOR FAMILY DAYCARE HOMES AND
DENSITY BONUS; RELIGIOUS INSTITUTIONS;

NOTIFICATION REQUIREMENTS FOR ADJACENT

NEIGHBOR MAILED NOTICE AND THE VIEW
RESTORATION PROCESS; MULTIFAMILY GUEST PARKING
STANDARDS; NEW CODE GRAPHICS ILLUSTRATING

EXISTING STANDARDS FOR ACCESSORY STRUCTURE
HEIGHT PLANE AND SERIES OF WALLS; REMOVAL OF
EXPIRED STANDARDS FOR PET BOARDING FACILITIES;

AND FINDING THE ORDINANCE TO BE EXEMPT UNDER

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA)
WHEREAS, The City of Beverly Hills (“City”) desires to adopt an ordinance amending certain definitions, provisions, and regulations in the Beverly Hills Municipal Code (“BHMC”) in order to improve clarity, eliminate ambiguities and inconsistencies, and to address certain changes in state law;
WHEREAS, On March 14, 2024, the Planning Commission held a duly noticed public hearing and which it adopted Resolution No. 2055 recommending that the City Council amend portions of Title 3 (Finance, Purchasing, and Risk Management), Title 5 (Public Health, Welfare, and Sanitation), Title 4 (Regulation of Certain Types of Businesses and Activities), Title 10 (Planning and Zoning) of the BHMC to add or clarify language to provide streamlined application DocuSign Envelope ID: 82CD95FC-1FC4-42CD-8C8E-783C8E4BCFDC -2-
of code provisions, and to align code language with current practices and state law requirements (collectively, the “Amendments”); and
WHEREAS, 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.

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.

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

Section 1. 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:

DocuSign Envelope ID: 82CD95FC-1FC4-42CD-8C8E-783C8E4BCFDC -3-
Policy LU 16.11 (Community Engagement) encourages engaging all segments of the community in planning decisions. It calls for the maintenance and enhancement of the public involvement process to assure transparency and enable the public to be wellinformed. Amending the code periodically to address inconsistencies and to align the code with current City practice ensures that the code is legible and accurate, which enhances the ability of the public to understand regulations that govern development projects. The amendment will reinsert the specification of a 100-foot radius for adjacent neighbor that was unintentionally removed in a previous code update. The amendment would also remove unnecessary noticing for adjacent neighbors from view restoration requests and make it consistent with the City’s historic practices. Both these clarifications will help improve compliance with the City’s public noticing process while preserving its integrity.

Policy LU 2.3 (Hillside Development) advances the maintenance of the natural landforms that define the City and requires that development on hillsides and in canyon areas be located, designed, and scaled to respect the natural topography and landscape. Reinstating the reference to the Hillside R-1 permit process clarifies that certain deviations for series DocuSign Envelope ID: 82CD95FC-1FC4-42CD-8C8E-783C8E4BCFDC -4-
of walls could be allowed after analyzing the impact on the character, scale, and integrity of the design and ensure it is appropriate for the subject site.

New graphics to illustrate accessory structure height plane and series of walls will further advance designs that uphold the City’s character and quality.

DocuSign Envelope ID: 82CD95FC-1FC4-42CD-8C8E-783C8E4BCFDC -5-

1. The side lot line abuts an alley and no portion of the building within the side yard exceeds a height of fourteen feet (14'); or

1. The rear lot line abuts an alley and no portion of the building within the rear yard exceeds a height of fourteen feet (14'); or

1. The side lot line abuts an alley and no portion of the building within the side yard exceeds a height of fourteen feet (14'); or
DocuSign Envelope ID: 82CD95FC-1FC4-42CD-8C8E-783C8E4BCFDC -7-

Figure 1
Accessory Structure Height Limitation for Non-Alley Side Setback Central Area, North of Santa Monica Boulevard
However, notwithstanding the provisions of this subsection, an accessory building located on a site north of Santa Monica Boulevard shall maintain a side setback of four feet (4') unless the accessory structure is located in a side yard abutting an alley.

For an accessory building located in a required side yard on a site north of Santa Monica Boulevard, the limitations set forth in subsections B1 and B2 of this section may be modified by a minor accommodation issued in accordance with the procedure set forth in subsection E of this section provided the accessory structure complies with all of the requirements set forth in subsection G of this section or by a Central R-1 permit issued in accordance with the procedure set forth in subsection F of this section. However, under no DocuSign Envelope ID: 82CD95FC-1FC4-42CD-8C8E-783C8E4BCFDC -8-
circumstances shall the height of an accessory structure be permitted to exceed the maximum height that would be allowed in the principal building area.

C. Rear Setback Encroachment: Notwithstanding any other provision of this chapter, an accessory building located on a site north of Santa Monica Boulevard may be erected within a required rear yard if:

1. The rear lot line abuts an alley and no portion of the building within the rear yard exceeds a height of fourteen feet (14'); or

Figure 2
Accessory Structure Height Limitation for Non-Alley Rear Setback Central Area, North of Santa Monica Boulevard
”
DocuSign Envelope ID: 82CD95FC-1FC4-42CD-8C8E-783C8E4BCFDC -9-
Section 4. Subsection 10-3-2516 E. of Article 25 (Single-Family Residential Development Standards for the Hillside Area of the City) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC are hereby amended to read as follows, with the addition of new Figure 1, with all other provisions of Section 10-3-2516 remaining in place without amendment:
“E. Areas Other Than Front And Street Side Yards: The maximum allowable height for that portion of a wall, fence, or hedge located outside of all front and street side yards shall be seven feet (7'), as measured per the definition of "height of wall, fence, or hedge" located in section 10-3-100 of this chapter. Further, under no circumstance shall the height of the wall, fence, or hedge, measured on the side farther from a property line exceed twelve feet (12'). See Figure 1 of this section.
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DocuSign Envelope ID: 82CD95FC-1FC4-42CD-8C8E-783C8E4BCFDC -10-
Figure 1
Maximum Height Restrictions for Walls, Fences, and Hedges Outside Front and Street Side Yards
”
Section 5. Paragraph F of Section 10-3-2516 ( Walls, Fences, and Hedges) of Article 25 (Single-Family Residential Development Standards For the Hillside Area of the City) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amend to read as follows, with all other provisions of Section 10-3-2516 remaining in place without amendment:
“F. Series Of Walls: If a series of walls, or portions of a wall, are constructed on the same property so that a perpendicular section cut through a wall would intersect more than one wall segment and would intersect a total height of seven feet (7') or more, then a minimum DocuSign Envelope ID: 82CD95FC-1FC4-42CD-8C8E-783C8E4BCFDC -11-
ten foot (10') landscaped area must be provided between the wall segments. Such landscaping shall consist of climbing vines or alternative vegetation that will substantially screen the walls. Furthermore, the cumulative height of a series of walls shall not exceed twelve feet (12') within any fifty-foot (50') perpendicular section cut through the wall segments. See Figure 2 of this section.

Figure 2
Series of Walls

DocuSign Envelope ID: 82CD95FC-1FC4-42CD-8C8E-783C8E4BCFDC -12-
“4. Family daycare homes licensed pursuant to state law and as defined in section 10-3- 100 (Words Defined). Family daycare homes shall not be required to file a request for exempt registration under section 3-1-203 (Filing of Exemption Required).” Section 7. A new definition of “Family Daycare Home” 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 BHMC between the terms “FAMILY” and “FENCE” to read as follows:
“FAMILY DAYCARE HOME: “Family Daycare Home” shall mean a facility that regularly provides care, protection, and supervision for 14 or fewer children, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a large family daycare home or a small family daycare home, as defined in California Health and Safety Code Section 1596.78.” Section 8. The definition of “Home Occupation” in Section 10-3-100 (Words Defined) in Article 1 (Definitions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“HOME OCCUPATION: Any occupation, activity, enterprise, profession, trade, or undertaking of any nature conducted or engaged in, or ordinarily conducted or engaged in, with the object of gain, benefit or advantage to any person or entity, whether direct or indirect, and which is conducted in a residential zone in the City. The term shall include the operation of a subsidiary, independent entity or any other activity conducted for the benefit of others and at no profit to those engaged in the operation or activity, including nonprofit businesses and trade associations. However, "home occupation" shall not include the delivery of goods or services to a residential site by an entity or individual with a DocuSign Envelope ID: 82CD95FC-1FC4-42CD-8C8E-783C8E4BCFDC -13-
principal place of business outside of any residential zone in the City and which conducts no administrative or processing function within a residential zone in the City, such as a plumber, gardener, or caterer based in a nonresidential zone. A "home occupation" shall also not include the operation of a family daycare home licensed pursuant to state law and as defined in this section 10-3-100 (Words Defined). A person shall not be deemed to be engaged in a home occupation solely by reason of receipt of dividend or interest income from passive investments or solely by reason of receipt of royalties or residuals for work that does not constitute a home occupation.”
Section 9. The definition of “Large Family Daycare Home” in Section 10-3-100 (Words Defined) in Article 1 (Definitions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby deleted.

Section 12. The rows entitled “Family daycare home, Small, Large,” in the singlefamily zoning district table in paragraph A. of 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 (Zoning) of DocuSign Envelope ID: 82CD95FC-1FC4-42CD-8C8E-783C8E4BCFDC -14-
Title 10 (Planning and Zoning) of the BHMC are hereby amended and replaced with the following row, with all other provisions in Section 10-3-302, including all other rows in its table, remaining in place without amendment:
“
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
Family daycare
homes, licensed
pursuant to state
law

P P P P P P P P
”
Section 13. A new row entitled “Family daycare homes, licensed pursuant to state law” is hereby added to the multi-family zoning district table in paragraph B of 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 (Zoning) of Title 10 (Planning and Zoning) of the BHMC between the rows “Transitional and supportive house” and “Emergency shelters,” to read as follows, with all other provisions in Section 10-3-302, including its table, remaining in place without amendment:
“
P = Permitted use CUP = Conditional use permit
R-4 RMCP
Special
Needs
Housing
Overlay
Zone4
R-4X1 R-4X2 R-3 R-4-P
Family daycare
homes, licensed
pursuant to state law

P P P P P P
”
DocuSign Envelope ID: 82CD95FC-1FC4-42CD-8C8E-783C8E4BCFDC -15-
Section 14. Section 10-3-408 (Large Family Daycare Homes) of Article 4 (One-Family Residential Zone (R-1)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby repealed.

Section 15. Section 10-3-503 (Large Family Daycare Homes) of Article 5 (One-Family Residential Zone (R-1.X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby repealed.

Section 16. Section 10-3-603 (Large Family Daycare Homes) of Article 6 (One-Family Residential Zone (R-1.5)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby repealed.

Section 17. Section 10-3-702 (Large Family Daycare Homes) of Article 6 (One-Family Residential Zone (R-1.5X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby repealed.

Section 18. Section 10-3-803 (Large Family Daycare Homes) of Article 7 (One-Family Residential Zone (R-1.5X2)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby repealed.

Section 19. Section 10-3-902 (Large Family Daycare Homes) of Article 9 (One-Family Residential Zone (R-1.6X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby repealed.

Section 20. Section 10-3-1002 (Large Family Daycare Homes) of Article 10 (OneFamily Residential Zone (R-1.7X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby repealed.

DocuSign Envelope ID: 82CD95FC-1FC4-42CD-8C8E-783C8E4BCFDC -16-
Section 21. Section 10-3-1103 (Large Family Daycare Homes) of Article 10 (OneFamily Residential Zone (R-1.8X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby repealed.

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 DocuSign Envelope ID: 82CD95FC-1FC4-42CD-8C8E-783C8E4BCFDC -17-
occupied for any purpose except as a private one-family residence, family daycare home licensed pursuant to state law, small community care facility, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "singlefamily 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 24. 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 BHMC 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, family daycare home licensed pursuant to state law, small community care facility, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "singlefamily 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 or for a single-family transient use more than twice per calendar year is prohibited.”
DocuSign Envelope ID: 82CD95FC-1FC4-42CD-8C8E-783C8E4BCFDC -18-
Section 25. 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 BHMC 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, family daycare home licensed pursuant to state law, small community care facility, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "singlefamily 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 26. 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 BHMC 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, family daycare home licensed pursuant to state law, small community care facility, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "singleDocuSign Envelope ID: 82CD95FC-1FC4-42CD-8C8E-783C8E4BCFDC -19-
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 27. 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 BHMC is hereby amended to read as follows:
“10-3-901: USES AND BUILDINGS PERMITTED:

DocuSign Envelope ID: 82CD95FC-1FC4-42CD-8C8E-783C8E4BCFDC -20-
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, family daycare home licensed pursuant to state law, small community care facility, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "singlefamily 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 29. 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 BHMC 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-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 one accessory dwelling unit on a lot developed only with a single-family dwelling subject to the criteria in section 10-3-409 of this chapter; a family daycare home; a small community care facility; or transitional or supportive housing structured as a single-family residence or as a multiple-family dwelling.”
Section 31. Article 15.2 (Residential Density Bonus) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended in its entirety to read as follows:
“ARTICLE 15.2. RESIDENTIAL DENSITY BONUS.
10-3-1520. PURPOSE.

DocuSign Envelope ID: 82CD95FC-1FC4-42CD-8C8E-783C8E4BCFDC -22-
10-3-1521: DENSITY BONUS PERMIT REQUIRED:

B. The density bonus permit application shall clearly indicate the number of base units allowed by the City general plan and zoning regulations, the number of density bonus units DocuSign Envelope ID: 82CD95FC-1FC4-42CD-8C8E-783C8E4BCFDC -23-
requested, and the number of affordable units that will be included in the proposed project.

C. For a housing development qualifying pursuant to the requirements of Government Code Section 65915, the City shall grant a density bonus in an amount specified by Government Code Section 65915. The density bonus units shall not be included when calculating the total number of housing units that qualifies the housing development for a density bonus, except as may otherwise be required by Government Code Section 65915.

E. The City shall grant the applicant the number of incentives and concessions required by Government Code Section 65915. The City shall grant the specific concession(s) or incentive(s) requested by the applicant, unless it makes any of the relevant written findings stated in Government Code Section 65915(d) to support not granting the requested concession(s) or incentive(s). Senior citizen housing developments that qualify for a density bonus shall not receive any incentives or concessions, unless Government DocuSign Envelope ID: 82CD95FC-1FC4-42CD-8C8E-783C8E4BCFDC -24-
Code Section 65915 is amended to specifically require that local agencies grant incentives or concessions for senior citizen housing developments.

F. Except as restricted by Government Code Section 65915, the applicant for a density bonus may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions granted to the applicant.

A request for a waiver or reduction of development standards shall be accompanied by adequate information to allow the city to make a determination as to whether the requested waiver or reduction is physically necessary to construct the housing development with the additional density allowed pursuant to the density bonus and incorporating any incentives or concessions required to be granted. The City shall approve a waiver or reduction of a development standard, unless it makes a required finding under Government Code Section 65915 (e).
10-3-1525: ELIGIBILITY GUARANTEES:

DocuSign Envelope ID: 82CD95FC-1FC4-42CD-8C8E-783C8E4BCFDC -25-
Additionally, prior to the issuance of a density bonus permit for a development in which the units will be sold to moderate income households, the developer shall ensure that the initial occupants of such units meet the applicable income limits to the satisfaction of the city attorney and as required by California Government Code section 65915 or its successor statute. In addition, the developer shall ensure that, upon resale, the city recaptures its proportionate share of the appreciation of such units to the satisfaction of the city attorney and as required by California Government Code section 65915 or its successor statute. 10-3-1526: APPEALS:

Occupancy priority for eligible units shall conform to the following eight (8) tiers.

B. Tier 2 - Tenants With Beverly Hills Unified School District Students Displaced From The Project Site: Second priority shall go to income qualified households that include as part of the household a legal guardian of one or more students currently enrolled in and attending the Beverly Hills Unified School District in grade 10 or lower, and that have been or will be required to vacate existing dwelling units on the site of development so that an owner or developer may perform any construction, renovation or addition pursuant to a density bonus permit. If the number of qualified applicants in this tier exceeds the number of available units, the order in which the units are offered to Tier 2 applicants shall be based on the period of time that the longest tenured member of the household resided at the project site, from longest to shortest, and a lottery shall be held within this tier to determine the order in which the units are offered to any Tier 2 applicants having the same period of residency at the project site.

C. Tier 3 -Tenants Displaced From The Project Site: Third priority shall go to income qualified households that have been or will be required to vacate existing dwelling units on the site of development so that an owner or developer may perform any construction, renovation or addition pursuant to a density bonus permit. If the number of qualified applicants in this tier exceeds the number of available units the order in which the units are offered to Tier 3 applicants shall be based on the period of time that longest tenured member of the household resided at the project site, from longest to shortest, and a lottery DocuSign Envelope ID: 82CD95FC-1FC4-42CD-8C8E-783C8E4BCFDC -27-
shall be held within this tier to determine the order in which the units are offered to Tier 3 applicants having the same period of residency at the project site.

D. Tier 4 - Displaced Senior Households: Fourth priority shall go to income qualified households in which at least one member is a senior (62 years and older) and that have or will be displaced or evicted from a multi-family building in the City other than the project site for the purpose of redevelopment if either: (1) the multi-family building was demolished for redevelopment within the two years immediately preceding the date on which applications for the affordable housing units are due; or (2) the multi-family property to be redeveloped has received all entitlements, excluding building permits, and such redevelopment requires all residents to vacate the site, provided that such entitlements, or subsequent entitlements remain valid and have not expired on the date the applications for the affordable housing units are due. If the number of qualified applicants in this tier exceed the number of available units, the order in which the units are offered to Tier 4 applicants shall be based on the period of time that the longest tenured members of the household resided at the multi-family building to be redeveloped, from longest to shortest, and a lottery shall be held within this tier to determine the order in which the units are offered to the Tier 4 applicants having the same period of residency at the project site.

E. Tier 5 - Displaced Tenants With Beverly Hills Unified School District Students: Fifth priority shall go to income qualified households that include as part of the household a legal guardian of one or more students currently enrolled in and attending the Beverly Hills Unified School District in grade 10 or lower, and that have or will be displaced or evicted from a multi-family building in the City other than the project site for the purpose of redevelopment if either: (1) the multi-family building was demolished for redevelopment DocuSign Envelope ID: 82CD95FC-1FC4-42CD-8C8E-783C8E4BCFDC -28-
within the two (2) years immediately preceding the date on which applications for the affordable housing units are due; or (2) the multi-family property to be redeveloped has received all entitlements, excluding building permits, and such redevelopment requires all residents to vacate the site, provided that such entitlements, or subsequent entitlements, remain valid and have not expired on the date the applications for the affordable housing units are due. If the number of qualified applicants in this tier exceed the number of available units, the order in which the units are offered to Tier 5 applicants shall be based on the period of time that the longest tenured member of the household resided at the multifamily building to be redeveloped, from longest to shortest, and a lottery shall be held within this tier to determine the order in which the units are offered to the Tier 5 applicants having the same period of residency at the project site.

F. Tier 6 - Displaced Households: Sixth priority shall go to income qualified households displaced from a multi-family building in the City that have or will be displaced or evicted from a multi-family building in the City other than the project site for the purpose of redevelopment if either: (1) the multi-family building was demolished for redevelopment within the two (2) years immediately preceding the date on which applications for the affordable housing units are due; or (2) the multi-family property to be redeveloped has received all entitlements, excluding building permits, and such redevelopment requires all residents to vacate the site, provided that such entitlements, or subsequent entitlements, remain valid and have not expired on the date the applications for the affordable housing units are due. If the number of qualified applicants in this tier exceed the number of available units, the order in which the units are offered to Tier 6 applicants shall be based on the period of time that the longest tenured member of the household resided at the multiDocuSign Envelope ID: 82CD95FC-1FC4-42CD-8C8E-783C8E4BCFDC -29-
family building to be redeveloped, from longest to shortest, and a lottery shall be held within this tier to determine the order in which the units are offered to the Tier 6 applicants having the same period of residency at the project site.

I. Exceptions:

2. In the implementation of these priorities, the City shall in no way discriminate against any person or family due to disability.”
Section 32. The City of Beverly Hills Zoning Map is hereby amended to retitle the Church Zone, comprising of lots 1901 and 1902 in tract 6380, as “Religious Institution Zone” as shown on the map attached hereto as Exhibit A. Notwithstanding the title change, all previously vested rights, entitlements, and permissions applicable under the former “Church Zone” designation shall remain in full force and effect. This map amendment does not alter existing or DocuSign Envelope ID: 82CD95FC-1FC4-42CD-8C8E-783C8E4BCFDC -30-
future permitted uses, conditions, or obligations previously established by the Church Zone for the affected properties.

In lieu of the relocation fee required by section 4-5-605 of this chapter, the landlord, at his option, may relocate the tenant into a comparable replacement apartment unit satisfactory to the tenant, in which event the landlord shall be liable only for the actual costs of relocating the tenant, up to the maximum as set forth in section 4-5-605 of this chapter per apartment unit. A tenant shall not unreasonably withhold the approval of a replacement apartment unit offered by the landlord. For the purposes of this section only, comparability shall be determined from the following factors: size, price, location, proximity to medical and recreational facilities, parks, community centers, shops, transportation, schools, religious institutions, amenities, and, if the tenant desires, the location of the apartment unit in the city.”
DocuSign Envelope ID: 82CD95FC-1FC4-42CD-8C8E-783C8E4BCFDC -31-
Section 35. Paragraph F of Section 4-6-9 (Relocation Fee) of Chapter 6 (Rent Stabilization, Part II) of Title 4 (Regulation of Certain Types of Businesses and Activities) of the BHMC is hereby amended to read as follows, with all other provisions in Section 4-6-9 remaining in place without amendment:
“F. Relocation Of Tenant: In lieu of the relocation fee required by subsection E of this section, the landlord, at his or her option, may relocate the tenant into a comparable replacement apartment unit satisfactory to the tenant, in which event the landlord shall be liable only for the actual costs of relocating the tenant, up to the maximum as set forth in subsection E of this section per apartment unit. A tenant shall not unreasonably withhold the approval of a replacement apartment unit offered by the landlord. For the purposes of this paragraph only, comparability shall be determined from the following factors: size, price, location, proximity to medical and recreational facilities, parks, community centers, shops, transportation, schools, religious institutions, amenities, and, if the tenant desires, the location of the apartment unit in the City.”
Section 36. Section 5-1-206 (Noise In Proximity Of Schools, Hospitals, and Churches) of Article 2 (Specific Noise Sources and Regulations) of Chapter 1 (Noise Regulations) of Title 5 (Public Health, Welfare, and Sanitation) of the BHMC is hereby retitled and amended to read as follows:
“5-1-206: NOISE IN PROXIMITY OF SCHOOLS, HOSPITALS, AND RELIGIOUS INSTITUTIONS:

It shall be unlawful for any person to create any noise on any street, sidewalk, or public place adjacent to any school, institution of learning, or religious institution while the same is in use, or adjacent to any hospital; which noise substantially and unreasonably interferes DocuSign Envelope ID: 82CD95FC-1FC4-42CD-8C8E-783C8E4BCFDC -32-
with the workings of such institutions or which disturbs or unduly annoys patients in the hospital, provided that conspicuous signs are displayed on such street, sidewalk, or public place indicating the presence of a school, religious institution, or hospital” Section 37. The definition of “Religious Institution” in Section 10-3-100 (Words Defined) in Article 1 (Definitions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby added between “Reasonable Accommodation” and “Residential Zone” to read as follows:
“RELIGIOUS INSTITUTION: Any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.” Section 38. Section 10-3-505 (Exceptions; Churches) in Article 5 (One-Family Residential Zone (R-1.X) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby retitled and amended to read as follows:
“10-3-505: EXCEPTIONS; RELIGIOUS INSTITUTIONS
Lots 4, 5, and 6, block 1, tract 6217, and lots 1, 2, and 3, block 51, tract Beverly Hills, shall be used for private one-family residences only unless used for religious institution purposes.”
Section 39. Section 10-3-1602 (Building Restrictions) of Article 16 (Building Restrictions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-1602: BUILDING RESTRICTIONS:

No building, structure, or improvement shall be erected, constructed, established, altered, or enlarged in zone C-3 which is designed, arranged, or intended to be used or occupied, DocuSign Envelope ID: 82CD95FC-1FC4-42CD-8C8E-783C8E4BCFDC -33-
and no building now existing or hereafter to be constructed in zone C-3 shall be used or occupied for any purpose other than as:

Café.

Carpenter shops.

Clubhouse.

Commercial garages.

Conservatories.

Dancing academies.

Dressmaking or millinery shops or stores.

Hotel.

Library.

Lunchroom.

Medical uses as defined in section 10-3-100 of this chapter that comply with section 10-3-1620.1 of this article and cosmetic spas that comply with section 10- 3-1620.2 of this article.

Offices.

Paint, paperhanger, and decorating stores.

Photographic galleries.

Places of amusement.

Playground.

Plumbing shops.

Religious Institutions.

Roofing or plastering stores or offices.

DocuSign Envelope ID: 82CD95FC-1FC4-42CD-8C8E-783C8E4BCFDC -34-
School.

Store or shop for conducting wholesale or retail businesses.

Studios.

Tailors.

Upholsterers.

2. Theaters, auditoriums, and public assembly areas with fixed seats, including, but not limited to, religious institutions, and schools above the elementary level
1 space per 4 seats
”
DocuSign Envelope ID: 82CD95FC-1FC4-42CD-8C8E-783C8E4BCFDC -35-
Section 42. The row entitled “Commission/Council Level (cont.) in the table of Subsection 10-3-253 A. (Standard Requirements) in Article 2.5 (Public Notice Requirements) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows with all other provisions in Subsection 10-3-253 A., including its table, remaining in place without amendment:
“
Commission/Council
Level (cont.)
On-site
posted
notice of
public
hearing
required for
all
commission
level
projects
Maps
(tentative,
and
parcel)
Specific
Plan
Variance
Hillside
Area:
1,000
foot
radius,
plus
notice to
either all
properties
in
Hillside
Zone 1 or
Hillside
Zone 2
Trousdale
Estates
Area:
1,000
foot
radius
Hillside Area: 1,000 foot radius,
plus notice to either all properties
in Hillside Zone 1 or Hillside
Zone 2
Trousdale Estates Area: 1,000
foot radius
Adjacent Neighbor Mailed
Notice (Single-Family Zones):
100-foot radius
”
Section 43. The row entitled “View Restoration” in table of Subsection 10-3-253 B. (Special Notice Requirements) in Article 2.5 (Public Notice Requirements) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows, with all other provisions in Section 10-3-253 B., including its table, remaining in place without amendment:

DocuSign Envelope ID: 82CD95FC-1FC4-42CD-8C8E-783C8E4BCFDC -36-
“
Development
Application
Special Public Notice Requirements
View restoration 1. Notice to Foliage Owner(s): Notice that a formal request for a View Restoration Permit hearing has been filed with the City, attaching a copy of the application, a copy of the View Restoration Guidelines, and an authorization form that would allow staff and the Planning Commission to visit the Foliage Owner's property shall be mailed in a timely manner after the application for a View Restoration Permit has been deemed complete.

Section 45. Subparagraph 4. or paragraph D. of Section 4-2-1740 (Operating Requirements) of Article 17.1 (Animal Grooming) of Chapter 2 (Regulatory Business Permits) of Title 4 (Regulation of Certain Types of Businesses and Activities) of the BHMC is hereby DocuSign Envelope ID: 82CD95FC-1FC4-42CD-8C8E-783C8E4BCFDC -37-
amended to read as follows, with all other provisions of section 4-2-1740 remaining in place without amendment:
“4. Animals shall not be boarded at the facility. Animals shall only be kept at a grooming facility for a reasonable time in order to perform the business of grooming.” Section 46. Section 10-3-1604 (Conditionally Permitted Uses) of Article 16 (Commercial Zone (C-3)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-1604: CONDITIONALLY PERMITTED USES:

The following uses shall be permitted in the C-3 Zone only if authorized by a conditional use permit issued pursuant to the provisions of article 38 of this chapter:

Alternative parking facilities used to provide required parking for commercial uses, excluding medical uses, pursuant to section 10-3-2730.4 of this chapter.

Amusement parks.

Brewing or manufacture of alcoholic beverages that is ancillary to a dining or bar use or is ancillary to a retail store that sells alcoholic beverages.

Car washes that:

DocuSign Envelope ID: 82CD95FC-1FC4-42CD-8C8E-783C8E4BCFDC -38-
When reviewing the conditional use permit application for such car washes, the Planning Commission shall consider the conditional use permit criteria set forth in section 10-3- 1613 of this article.

Childcare uses licensed pursuant to State law.

Convenience stores not occupying a tenant space whose primary entrance opens into the interior of a commercial building.

Cosmetic spas pursuant to section 10-3-1620.2 of this article.

Drive-up, drive-in and drive-through facilities, subject to the provisions of section 10-3- 1612 of this article.

Educational institutions.

Hotels, subject to the provisions of article 28.6 of this chapter.

Mini-shopping centers subject to the provisions of section 10-3-1611 of this article.

Museums.

Off site parking pursuant to section 10-3-2733 of this chapter.

Public utility uses, except as provided in section 10-3-2754 of this chapter.

Religious institutions.

DocuSign Envelope ID: 82CD95FC-1FC4-42CD-8C8E-783C8E4BCFDC -39-
Vehicles sales, service or fuel stations, subject to the provisions of section 10-3-1613 of this article and not otherwise prohibited by section 10-3-1603 of this article.

A. The establishment or expansion of any activity that qualifies as a vehicle sales, service or fuel station use shall require a separate conditional use permit.

Theater/auditorium uses with a maximum capacity of no more than four hundred fifty (450) persons.

DocuSign Envelope ID: 82CD95FC-1FC4-42CD-8C8E-783C8E4BCFDC -40-
Veterinary hospital uses prohibited by section 10-3-2002 of this chapter, but in existence on September 1, 1991. Any expansion of such use shall require a conditional use permit and shall be limited to the site area occupied by the use on September 1, 1991.

DocuSign Envelope ID: 82CD95FC-1FC4-42CD-8C8E-783C8E4BCFDC -41-
Section 50. 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 51. 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 his certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City. \\
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DocuSign Envelope ID: 82CD95FC-1FC4-42CD-8C8E-783C8E4BCFDC -42-
Section 52. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.

Adopted:

Effective:
____________________________
JULIAN A. GOLD, M.D.

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

HUMA AHMED
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
___________________________ _____________________________ LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager
EXHIBIT A – Draft Amended Zoning Map
DocuSign Envelope ID: 82CD95FC-1FC4-42CD-8C8E-783C8E4BCFDC -43-
EXHIBIT A – Draft Amended Zoning Map
DocuSign Envelope ID: 82CD95FC-1FC4-42CD-8C8E-783C8E4BCFDC

BEVERLY BLVD

CINTHIA ST

N ORLANDO AVE N ORLANDO AVE
SAN

YSIDRO DR

SAN YSIDRO DR

S ROBERTSON BLVD

D E VO N AVE
LO

M A V SI TA DR

LARRABEE

N DOHENY
DR

W SUNSET BLV D

C OL DWATER

CANYON DR

COLDWATER CANYON DR

S BEVERLY DR

W PICO BLVD

WILSHIRE BLVD WILSHIRE BLVD WILSHIRE BLVD

WILSHIRE BLVD

SANTA MONICA BLVD

CRESCENT DR

WARNALL AVE
W 3RD ST

SAN VICENTE BLVD

S CAMDEN DR

SUNSET BLVD

MORENO DR

N OAKHURST DR

N MAPLE DR

N PALM DR

N MAPLE DR

S BEDFORD DR

BENEDICT C ANYON DR

FOX HILLS DR

CENTURY
PARK

N LE DOUX RD

LAKE DR

N HAMEL DR

BENECIA
AVE

SCHUMACHER
DR

HOLLOWAY
DOHENY
ALFRED
RD

N ROXBURY DR

N BEDFORD DR

N RODEO DR

BEVERWIL

S WOOSTER ST

REEVES ST

GLENVILLE DR

CARDIFF AVE
CLUB
VIEW
DR

LAUREL WAY

N CROFT AVE

S DOHENY DR

S P ALDING DR SPALDING DR

BRIER DR

EASTBORNE AVE

ANGELO DR

W OLYMPIC
BLVD

HARTFORD WAY

KEITH AVE

N SIERRA DR
N
CANON
DR

PECK DR
TOW ER
RD

N CRESCENT
DR
N

CRESCENT
DR

MELROSE

VIDOR DR

DAYTON WAY

SHERWOOD

S ALFRED ST
W 4TH ST

DURANT DR

ALPINE DR
ALPINE
DR

HILLC REST
RD

HILLCREST
RD

MELROSE AVE

LL O YD PL

WHITTIER
DR

WHITT EI R
DR

SUM MIT DR

CARMELITA
AVE

CHEROKEE LN

FOOTHILL
RD

PARK WAY

N REXFORD
DR

N REXFORD DR

N DOHENY DR

N WETHERLY DR

CIVIC CENTER DR

N LA PEER DR

N SWALL DR

N CLARK DR

LOMITAS
AVE

DICKS ST

BLACKBURN AVE

S HAMEL DR

TRENTON DR

ALTA DR
KINGS

N CROFT AVE
OLIVE

RANGELY AVE

DORRINGTON AVE
KINGS
N ELM
DR

S CANON DR

S OAKHURST DR

S WETHERLY DR

S ELM DR

ALF RED

S SWALL DR

WALDEN DR

S ALMONT DR

S CLARK DR

REEVES DR

S PALM DR

ELCAMINO DR

S MAPLE DR

S CRESCENT DR

S LINDEN DR

MCCARTY DR

S REXFORD DR

S ROXBURY DR
BONNER

LAKE FRANKLIN DR

S CORN NI G ST

N BEVE R LY
DR

N LINDEN DR

S GALE DR

ARDEN DR

ROBERT LN
KINGS
N
PALM
DR

N CARSON RD

FE R R ARIDR
N
MAPLE
DR

HEATH AVE

N STANLEY DR

EDRIS DR

STANLEY
HILLS
DR

CLARK ST

FOOTHILL RD

EVELYN PL

REXFORD DR
ENSLEY
AVE

PALM AVE
MARILY
N DR

N OAKHURST DR

S ORLANDO AVE

BRIGHTON WAY
MGM DR

HOLT AVE

MOUNTAIN DR

N ELM DR

N ALMONT DR

HILL CREST
DR

NORWICH

N HAMILTON DR
W
O
O
DLAND
DR

COV E WAY

BEVERLY
PK

CHALETTE DR

RI DGE M ONT DR

N LA CIENEGA BLVD

GREGORY WAY

OLYMPIC BLVD OLYMPIC BLVD OLYMPIC BLVD

S RODEO DR

S LA PEER DR

WHITWORTH DR

S SHENANDOAH ST

S BEDFORD ST

S SHERBOURNE DR

S HOLT AVE

S LA CIENEGA BLVD

OLYMPIC BLVD

CHALMERS DR

OAKHURST DR

CANFIELD AVE

S CREST DR

L VI ON AI AVE

S LA JOLLA AVE
ALVIRA
ST

GALAXY W AY

S BEVERLY DR

AVENUE OF THE STARS

CONSTELLATION BLVD

CENTURY PK W
THAYER

AVE HOLMBY AVE

S BEVERLY GLEN B L VD
S

BEVE RLY

GLEN BLV
D
CO
MSTO

C K AVE

VIRGINIA

SMITHWOOD

DANIELS AVE

CASTELLO
MOORE

WILLAMAN DR

MARYLAND
W 5TH ST

DREXEL AVE

COLGATE AVE

N ROBERTSON BLVD

N ARNAZ DR
W 3RD ST

ALDEN DR
W 3RD ST

ALDEN DR

BURTON WAY

S SAN VICENTE BLVD

OAKWOOD AVE

BEVERLY BLVD

ASHCROFT AVE

ROSEWOOD AVE

N PALM DR

ROSEWOOD AVE

WESTBOUR NE

WESTMOUN T

WEST KNOLL

N DOHENY DR

N CAMDEN DR
N

BEVERLY DR

CARMELITA AVE

ELEVADO AVE

SUNSET BLVD

SU NSET BLVD

N SANTA MONICA BLVD

S SANTA MONICA BLVD

PANDORA
AVE

N ROXBURY DR

N CRESCENT
DR

N BEVERLY DR
N
REXFO
R
D
D R

S CH U YLER
RD

WALLACE RI D GE HILLC
REST R
C
D

ARLA RIDGE

LOMA VIS TA D RARKELL DR

C ARLA RIDGE

CASTLE PL

TRO USDA L E PL

MAR T I N LN
HAYNES
CALLE
V
SI TA
DR

LAGO V I STA
DR
SUM
MI T
DR
SA N

YSIDRO DR

TO WER RD
T
O
W ER G
ROV E
DR
SU

MMIT RI DG
E DR
LAUREL
WAY

FRANKL NI CAN YO N
D
R

W ONDERLAND AVE

L O OKOUT MOUNTAIN AVE
BL U

E JAY WAY
R

ISING GLEN R
D

WALNUT DR

RIDPATH DR

KIRKW O O D DR

G R A ND VIE W

APPIAN WAY

NIGHTIN G ALE DR
KINGS

Q UEENS RD

SUNSE T PLAZA DR

T HR S HER

S EI RRA
A LTA
WAY

N DOHEN Y
D R

HILLDALE

HAMMOND ST

HANCOCK AVE
N
DOHENY
DR

SUNS E T PL A Z A

LON D ONDERRY

N WETHE R L Y
DR

R U G BY PL

A PPIAN WAY

S UNSET CREST

HILLGREEN
DR

LASKY DR

HACIENDA

FOUNTAIN AVE

ALTA LOMA

WEST KNOLL

CLINTON AVE

CHARLEVILLE BLVD

W PICO BLVD

CHARLEVILLE BLVD

LOMITAS AVE

N BEV ERLY
DR
S

BEVERLY DR

HUNTLEY

N LA CIENEGA BLVD

BURTON WAY

CLIFTON WAY
SHA D

OW HI L L WAY
LO MA
LIND
A DR
Zoning Map - City of Beverly Hills
ZONES

COMMERCIAL
C-3 Commercial Zone
C-3A Commercial Zone
C-3B Commercial Zone
C-3T-1 Commercial-Transition Zone
C-3T-2 Commercial-Transition Zone
C-3T-3 Commercial-Transition Zone
C-5 Commercial Zone

INSTITUTIONAL/GOVERNMENT
Religious Institution Zone
P-S Public Service Zone
S School
T-1 Transportation Zone
Parks, Reservoirs, Government (Unzoned)

Map produced by: City of Beverly Hills - IT - GIS
455 N. Rexford Dr. Beverly Hills, CA 90210
October 05, 2021

TROUSDALE

ESTATES

HILLSIDE
AREA

CENTRAL
AREA
E
0 970 1,940Feet
1:19,500

N ROBERTSON BLVD S ROBERTSON BLVD
DocuSign Envelope ID: 82CD95FC-1FC4-42CD-8C8E-783C8E4BCFDC

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. 2055 duly passed, approved and adopted by the Planning Commission of said City at a meeting of said Commission on March 14, 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, Vice Chair Kaplan, Chair Ross
NOES: None
ABSTAIN: None
ABSENT: None
________________________________

KAREN MYRON
Recording Secretary of the
Planning Commission
City of Beverly Hills, California
DocuSign Envelope ID: 82CD95FC-1FC4-42CD-8C8E-783C8E4BCFDC Certificate Of Completion
Envelope Id: 82CD95FC1FC442CD8C8E783C8E4BCFDC Status: Completed Subject: Complete with DocuSign: PC Reso 2055 - Code Cleanup.pdf Source Envelope:

Document Pages: 50 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
3/22/2024 5:05:06 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: 98.97.56.27
Sent: 3/22/2024 5:08:31 PM
Viewed: 3/22/2024 11:37:03 PM
Signed: 3/22/2024 11:37:15 PM
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: 70.187.141.216
Sent: 3/22/2024 11:37:16 PM
Viewed: 3/26/2024 11:13:39 AM
Signed: 3/26/2024 11:14:00 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: 3/26/2024 11:14:02 AM
Viewed: 3/26/2024 11:14:49 AM
Signed: 3/26/2024 11:29:02 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: 3/26/2024 11:29:04 AM
Viewed: 3/26/2024 2:20:39 PM
Signed: 3/26/2024 2:28:13 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 3/22/2024 5:08:31 PM
Certified Delivered Security Checked 3/26/2024 2:20:39 PM Signing Complete Security Checked 3/26/2024 2:28:13 PM
Completed Security Checked 3/26/2024 2:28:13 PM
Payment Events Status Timestamps
Attachment 3
Redline of Existing Code
Sections and Zoning Map
-1-
[DRAFT] ORDINANCE NO. 24-O-_______

AN ORDINANCE OF THE CITY OF BEVERLY HILLS TO

AMEND THE BEVERLY HILLS MUNICIPAL CODE AND
ZONING MAP: CLARIFYING OR ADDING LANGUAGE
RELATED TO HILLSIDE R-1 PERMIT FOR SERIES OF
WALLS; STATE LAW REQUIREMENTS FOR FAMILY
DAYCARE HOMES AND DENSITY BONUS; RELIGIOUS
INSTITUTIONS; ADJACENT NEIGHBOR NOTICING;
MULTIFAMILY GUEST PARKING STANDARDS; NEW CODE

GRAPHICS ILLUSTRATING EXISTING STANDARDS FOR

ACCESSORY STRUCTURE HEIGHT PLANE AND SERIES OF
WALLS; REMOVAL OF EXPIRED STANDARDS FOR PET
BOARDING FACILITIES; AND FINDING THE ORDINANCE

TO BE EXEMPT UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, The City of Beverly Hills (“City”) desires to adopt an ordinance amending certain definitions, provisions, and regulations in the Beverly Hills Municipal Code (“BHMC”) in order to improve clarity, eliminate ambiguities and inconsistencies, and to address certain changes in state law;
WHEREAS, On March 14, 2024, the Planning Commission held a duly noticed public hearing and which it adopted Resolution No._____ recommending that the City Council amend portions of Title 3 (Finance, Purchasing, and Risk Management), Title 5 (Public Health, Welfare, and Sanitation), Title 4 (Regulation of Certain Types of Businesses and Activities), Title 10 (Planning and Zoning) of the BHMC to add or clarify language to provide streamlined application of code provisions, and to align code language with current practices and state law requirements (collectively, the “Amendments”); and
WHEREAS, 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 -2-
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.

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

Section 1. 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:

Policy LU 16.11 (Community Engagement) encourages engaging all segments of the community in planning decisions. It calls for the maintenance and enhancement of the public involvement process to assure transparency and enable the public to be wellinformed. Amending the code periodically to address inconsistencies and to align the code with current City practice ensures that the code is legible and accurate, which enhances the ability of the public to understand regulations that govern development projects. The -3-
amendment will reinsert the specification of a 100-foot radius for adjacent neighbor that was unintentionally removed in a previous code update. The amendment would also remove unnecessary noticing for adjacent neighbors from view restoration requests and make it consistent with the City’s historic practices. Both these clarifications will help improve compliance with the City’s public noticing process while preserving its integrity.

Policy LU 2.3 (Hillside Development) advances the maintenance of the natural landforms that define the City and requires that development on hillsides and in canyon areas be located, designed, and scaled to respect the natural topography and landscape. Reinstating the reference to the Hillside R-1 permit process clarifies that certain deviations for series of walls could be allowed after analyzing the impact on the character, scale, and integrity of the design and ensure it is appropriate for the subject site.

Goal LU 16 (Social Sustainability and Equity) embraces land uses and built urban form that provide diverse social and cultural opportunities. The amendments revise terms in the BHMC to “religious institutions” to clarify permitted uses and reflect the diversity of religious practices in Beverly Hills.
-4-
Goals LU 6 (Single-Family Residential Neighborhoods) and LU 7 (Multi-Family Residential) celebrate residential neighborhoods that are well designed and maintain the character and quality of the City. The amendments eliminate inconsistencies for multifamily guest parking requirements and the Hillside R-1 permit process for series of walls, promoting design that coheres with the City’s past practices and built environment.

New graphics to illustrate accessory structure height plane and series of walls will further advance designs that uphold the City’s character and quality.

1. The side lot line abuts an alley and no portion of the building within the side yard exceeds a height of fourteen feet (14'); or

2. The side lot line does not abut an alley and no portion of the building within the side yard exceeds a height of fourteen feet (14') or intersects a plane commencing seven feet (7') in height, measured at the side lot line, and extending at a slope of two horizontal to one vertical (2:1) toward the interior of the site area. See Figure 1 of this section. -5-
D. Rear Setback Encroachment: Notwithstanding any other provision of this chapter, an accessory building located on a site south of Santa Monica Boulevard may be erected within a required rear yard if:

1. The rear lot line abuts an alley and no portion of the building within the rear yard exceeds a height of fourteen feet (14'); or

Figure 1
Accessory Structure Height Limitation for Non-Alley Side/Rear Setback Central Area, South of Santa Monica Boulevard
Section 3. Subsections 10-3-2414 B. and C. of Article 24 (Single-Family Residential Development Standards for the Central Area of the City) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC are hereby amended to read as follows, with the addition of -6-
new Figures 1 and 2, with all other provisions of Section 10-3-2414 remaining in place without amendment:
“B. Side Setback Encroachment: Notwithstanding any other provision of this chapter, an accessory building located on a site north of Santa Monica Boulevard may be erected within a required side yard if:

1. The side lot line abuts an alley and no portion of the building within the side yard exceeds a height of fourteen feet (14'); or

Figure 1
Accessory Structure Height Limitation for Non-Alley Side Setback Central Area, North of Santa Monica Boulevard
-7-
However, notwithstanding the provisions of this subsection, an accessory building located on a site north of Santa Monica Boulevard shall maintain a side setback of four feet (4') unless the accessory structure is located in a side yard abutting an alley.

1. The rear lot line abuts an alley and no portion of the building within the rear yard exceeds a height of fourteen feet (14'); or

2. The rear lot line does not abut an alley and no portion of the building within the rear yard exceeds a height of fourteen feet (14') or intersects a plane commencing seven feet (7') in height, measured at the rear lot line, and extending at a slope of two horizontal to one vertical (2:1) toward the interior of the site area. See Figure 2 of this section. -8-
Figure 2
Accessory Structure Height Limitation for Non-Alley Rear Setback Central Area, North of Santa Monica Boulevard
”
Section 4. Subsection 10-3-2516 E. of Article 25 (Single-Family Residential Development Standards for the Hillside Area of the City) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC are hereby amended to read as follows, with the addition of new Figure 1, with all other provisions of Section 10-3-2516 remaining in place without amendment:
“E. Areas Other Than Front And Street Side Yards: The maximum allowable height for that portion of a wall, fence, or hedge located outside of all front and street side yards shall be seven feet (7'), as measured per the definition of "height of wall, fence, or hedge" located in section 10-3-100 of this chapter. Further, under no circumstance shall the height of the wall, fence, or hedge, measured on the side farther from a property line exceed twelve feet (12'). See Figure 1 of this section.
-9-
Figure 1
Maximum Height Restrictions for Walls, Fences, and Hedges Outside Front and Street Side Yards
”
Section 5. Paragraph F of Section 10-3-2516 ( Walls, Fences, and Hedges) of Article 25 (Single-Family Residential Development Standards For the Hillside Area of the City) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amend to read as follows, with all other provisions of Section 10-3-2516 remaining in place without amendment:
“F. Series Of Walls: If a series of walls, or portions of a wall, are constructed on the same property so that a perpendicular section cut through a wall would intersect more than one wall segment and would intersect a total height of seven feet (7') or more, then a minimum -10-
ten foot (10') landscaped area must be provided between the wall segments. Such landscaping shall consist of climbing vines or alternative vegetation that will substantially screen the walls. Furthermore, the cumulative height of a series of walls shall not exceed twelve feet (12') within any fifty-foot (50') perpendicular section cut through the wall segments. See Figure 2 of this section.

Figure 2
Series of Walls

1. Hillside R-1 Permit: A reviewing authority may issue a Hillside R-1 permit to allow a series of walls to deviate from the standards set forth in this subsection F pursuant to section 10-3-2550M.”
Section 6. A new subparagraph 4 is hereby added to paragraph B of Section 3-1-202 (Exemptions) of Article 2 (Business Tax) of Chapter 1 (Taxation and Fees) of Title 3 (Finance, Purchasing, and Risk Management) of the BHMC to read as follows, with all other provisions in Section 3-1-202 remaining in place without amendment:
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“4. Family daycare homes licensed pursuant to state law and as defined in section 10-3- 100 (Words Defined). Family daycare homes shall not be required to file a request for exempt registration under section 3-1-203 (Filing of Exemption Required).” Section 7. A new definition of “Family Daycare Home” 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 BHMC between the terms “FAMILY” and “FENCE” to read as follows:
“FAMILY DAYCARE HOME: “Family Daycare Home” shall mean a facility that regularly provides care, protection, and supervision for 14 or fewer children, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a large family daycare home or a small family daycare home, as defined in California Health and Safety Code Section 1596.78.” Section 8. The definition of “Home Occupation” in Section 10-3-100 (Words Defined) in Article 1 (Definitions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“HOME OCCUPATION: Any occupation, activity, enterprise, profession, trade, or undertaking of any nature conducted or engaged in, or ordinarily conducted or engaged in, with the object of gain, benefit or advantage to any person or entity, whether direct or indirect, and which is conducted in a residential zone in the City. The term shall include the operation of a subsidiary, independent entity or any other activity conducted for the benefit of others and at no profit to those engaged in the operation or activity, including nonprofit businesses and trade associations. However, "home occupation" shall not include the delivery of goods or services to a residential site by an entity or individual with a principal place of business outside of any residential zone in the City and which conducts -12-
no administrative or processing function within a residential zone in the City, such as a plumber, gardener, or caterer based in a nonresidential zone. A "home occupation" shall also not include the operation of a family daycare home licensed pursuant to state law and as defined in this section 10-3-100 (Words Defined). A person shall not be deemed to be engaged in a home occupation solely by reason of receipt of dividend or interest income from passive investments or solely by reason of receipt of royalties or residuals for work that does not constitute a home occupation.”
Section 9. The definition of “Large Family Daycare Home” in Section 10-3-100 (Words Defined) in Article 1 (Definitions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby deleted.
“LARGE FAMILY DAYCARE HOME: As defined in the California Health and Safety Code.”
Section 10. The definition of “Small Family Daycare Home” in Section 10-3-100 (Words Defined) in Article 1 (Definitions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby deleted.
“SMALL FAMILY DAYCARE HOME: As defined in the California Health And Safety Code.”
Section 11. The row entitled “Large family daycare permit” in the table of Subsection 10-3-253 B. (Special Notice Requirements) of Article 2.5 (Public Notice Requirements) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby deleted with all other provisions in Section 10-3-253 B., including its table, remaining in place without amendment. “
Development Application Special Public Notice Requirements Development
Application
Special Public Notice Requirements
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Large family
daycare permit
Not less than 20 days prior to the date on which the Director shall review the application, notice of the application shall be mailed, by United States mail, postage prepaid, to all owners shown on the last equalized assessment roll as owning real property within 100 feet of the exterior boundaries of the subject site area.
”
Section 12. The rows entitled “Family daycare home, Small, Large,” in the singlefamily zoning district table in paragraph A. of 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 (Zoning) of Title 10 (Planning and Zoning) of the BHMC are hereby amended and replaced with the following row, with all other provisions in Section 10-3-302, including all other rows in its table, remaining in place without amendment:
“
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 R1.7X R1.8X
Family daycare
homes, licensed
pursuant to state
law

P P P P P P P P
”
Section 13. A new row entitled “Family daycare homes, licensed pursuant to state law” is hereby added to the multi-family zoning district table in paragraph B of 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 (Zoning) of Title 10 (Planning and Zoning) of the BHMC between the rows “Transitional and supportive house” and “Emergency shelters,” to read as follows, with all other provisions in Section 10-3-302, including its table, remaining in place without amendment:
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“
P = Permitted use CUP = Conditional use permit

R-4 RMCP
Special
Needs
Housing
Overlay
Zone4
R4X1 R4X2 R
-3
R-4-P
Family daycare
homes, licensed
pursuant to state law

Notwithstanding sections 10-3-401 and 10-3-402 of this chapter, a large family daycare home may be permitted in an R-1 zone pursuant to a use permit issued under the authority of this section.

A. Standards: The director of planning and community development shall issue a use permit to a large family daycare home if the daycare home meets the following standards and requirements as prescribed by state law:

1. There shall be a minimum distance of three hundred feet (300') between the site area on which the large family daycare home is located and the nearest site area containing a licensed childcare facility. However, notwithstanding this distance requirement, if the large family daycare home fronts on a different street than the licensed childcare facility, then the minimum distance between the two (2) site areas shall be reduced to one hundred fifty feet (150'). The foregoing minimum distance requirements shall not apply to small family daycare homes.
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2. In order to reduce noise impacts from the operation of the large family daycare home, all open space areas located behind the residence and all other open space areas used for childcare purposes shall be enclosed with a solid masonry wall along that portion of the side and rear lot lines not located within a front yard. The wall shall be seven feet (7') in height along the side lot lines and eight feet (8') in height along the rear lot line.

The wall along the rear lot line shall contain a rear exit gate. In addition, the operation of the large family daycare home shall comply with all applicable noise regulations of this code, including those contained in title 5 of this code.

3. In addition to the parking otherwise required for a single- family home, one paved parking space shall be provided for each nonresident employee, nonresident aide and any other nonresident person engaged in the operation of the daycare home. Unless such spaces are located in an existing driveway, such spaces shall be located on the premises outside of the front yard and shall conform to the requirements of section 10-3-2733 of this chapter.

4. The director of planning and community development determines that loading and unloading of children may be accomplished without significantly restricting traffic flow.

B. Procedure: An application for a permit to operate a large family daycare home shall be filed with the director of planning and community development in a form provided by the director. Such application shall be processed pursuant to the following procedures as required by state law.

1. Notice: Noticing shall be completed in accordance with article 2.5 of this chapter and the city's public notice guidelines.
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2. Hearing: No public hearing on the application shall be held unless a hearing is requested in writing by the applicant or by an interested party. The hearing, if requested, shall be conducted by the director.

3. Appeal: The applicant or any interested party may appeal the decision of the director to the planning commission pursuant to the procedures for an appeal to the city council set forth in title 1, chapter 4 of this code.

No provision of this section shall alter the parking requirements for a single-family residential property set forth in sections 10-3-2419, 10-3-2515 and 10-3-2615 of this chapter.”
Section 15. Section 10-3-503 (Large Family Daycare Homes) of Article 5 (One-Family Residential Zone (R-1.X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby repealed.
“10-3-503: LARGE FAMILY DAYCARE HOMES:

Large family daycare homes shall be permitted in zone R-1.X pursuant to the large family daycare home use permit procedure provided in article 4 of this chapter.” Section 16. Section 10-3-603 (Large Family Daycare Homes) of Article 6 (One-Family Residential Zone (R-1.5)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby repealed.
“10-3-503: LARGE FAMILY DAYCARE HOMES:

Large family daycare homes shall be permitted in zone R-1.X pursuant to the large family daycare home use permit procedure provided in article 4 of this chapter.” -17-
Section 17. Section 10-3-702 (Large Family Daycare Homes) of Article 6 (One-Family Residential Zone (R-1.5X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby repealed.
“10-3-702: LARGE FAMILY DAYCARE HOMES:

Large family daycare homes shall be permitted in the R-1.5X zone pursuant to the large family daycare home use permit procedure provided in article 4 of this chapter.” Section 18. Section 10-3-803 (Large Family Daycare Homes) of Article 7 (One-Family Residential Zone (R-1.5X2)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby repealed.
“10-3-803: LARGE FAMILY DAYCARE HOMES:

Large family daycare homes shall be permitted in the R-1.5X2 zone pursuant to the large family daycare home use permit procedure provided in article 4 of this chapter.” Section 19. Section 10-3-902 (Large Family Daycare Homes) of Article 9 (One-Family Residential Zone (R-1.6X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby repealed.
“10-3-902: LARGE FAMILY DAYCARE HOMES:

Large family daycare homes shall be permitted in zone R-1.6X pursuant to the large family daycare home use permit procedure provided in article 4 of this chapter.” Section 20. Section 10-3-1002 (Large Family Daycare Homes) of Article 10 (OneFamily Residential Zone (R-1.7X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby repealed.
“10-3-1002: LARGE FAMILY DAYCARE HOMES:
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Large family daycare homes shall be permitted in zone R-1.7X pursuant to the large family daycare home use permit procedure set forth in article 4 of this chapter.” Section 21. Section 10-3-1103 (Large Family Daycare Homes) of Article 10 (OneFamily Residential Zone (R-1.8X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby repealed.
“10-3-1103: LARGE FAMILY DAYCARE HOMES:

Large family daycare homes shall be permitted in zone R-1.8X pursuant to the large family daycare home use permit procedure provided in article 4 of this chapter.” Section 22. 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 BHMC 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 licensed pursuant to state law, 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.”
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Section 23. 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 BHMC 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 licensed pursuant to state law, 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 24. 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 BHMC 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 licensed pursuant to state law, 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 -20-
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 25. 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 BHMC 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 licensed pursuant to state law, 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 26. 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 BHMC 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 -21-
occupied for any purpose except as a private one-family residence, small family daycare home licensed pursuant to state law, 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 27. 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 BHMC 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 licensed pursuant to state law, 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.”
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Section 28. 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 BHMC 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 licensed pursuant to state law, 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 29. 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 BHMC 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-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 one accessory dwelling unit on a lot developed only with a single-family dwelling subject to the criteria in section 10-3-409 of this chapter; a family daycare home licensed pursuant to state law; a small community care facility; or transitional or supportive housing structured as a single-family residence or as a multiple-family dwelling.” Section 31. Article 15.2 (Residential Density Bonus) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended in its entirety to read as follows:
“ARTICLE 15.2. RESIDENTIAL DENSITY BONUS.
10-3-1520. PURPOSE.

This article specifies the method of providing developer incentives pursuant to California Government Code sections 65915 and 65915.5, or any successor statutes thereto, and -24-
provides procedures for waiving or modifying development procedures which would otherwise inhibit the utilization of density bonus incentives on specific sites.

The purpose of the provisions of this Article is to provide incentives for the production of specific housing types for populations, including, but not limited to, very low income, lower income, moderate income, seniors, and transitional foster youth, and lower income students, in accordance with Government Code Section 65915, commonly referred to as the State Density Bonus Law. In enacting this division, it is the intent of the city to facilitate the development of the goals, objectives, and policies of the housing element of the city’s general plan.
10-3-15212: DENSITY BONUS PERMIT REQUIRED:

In addition to any other discretionary review required for a proposed housing project, applications for a density bonus permit shall be filed with the director of community development on a form approved by the director. The application shall be filed -25-
concurrently with an application for a development plan review. The fee for processing a density bonus permit application shall be one-half (1/2) the fee for processing a development plan review application. The fee for processing a density bonus permit application shall be determined in accordance with the City’s current Comprehensive Schedule of Taxes, Fees, and Charges at the time the application is filed. 10-3-1524 DENSITY BONUS PROVISIONS.

D. For the purpose of calculating the density bonus, the “maximum allowable residential density” shall be the greatest density allowed under the zoning ordinance, specific plan, or land use element of the general plan, or, if a range of density is permitted, -26-
the greatest allowable density for the specific zoning range and land use element of the general plan applicable to the project. If the applicable zoning ordinance, specific plan, or land use element of the general plan does not provide standard for density per acre, the developer shall prepare a base density study to calculate the number of base units pursuant to the provisions of Government Code Section 65915(o)(6).

A request for a waiver or reduction of development standards shall be accompanied by adequate information to allow the city to make a determination as to the whether requested waiver or reduction is physically necessary to construct the housing development with the additional density allowed pursuant to the density bonus and incorporating any incentives or concessions required to be granted. The City shall approve a waiver or reduction of a -27-
development standard, unless it makes a required finding under Government Code Section 65915 (e).
10-3-1525: REVIEW OF APPLICATION:

The planning commission shall process the application for a density bonus permit in the same manner as, and concurrently with, the application for a development plan review that is required by article 31 of this chapter for development of a density bonus project. Public noticing shall be completed in accordance with article 2.5 of this chapter and the city's public notice guidelines.
10-3-1526: GRANT OF DENSITY BONUS:

A. Section 65915 Projects: Except as otherwise provided in this article, the planning commission shall grant a density bonus permit to any project for which a density bonus and incentives or concessions are required pursuant to California Government Code section 65915. The density bonus permit shall provide for a density bonus and at least one of the construction incentives described in section 10-3-1526.5 of this article in accordance with the following criteria:

1. Base Density Bonus:
a. The planning commission shall grant a density bonus permit that authorizes development of a project with a twenty percent (20%) density bonus and at least one of the construction incentives set forth in section 10-3-1526.5 of this chapter when the applicant for a housing development agrees to construct at least any one of the following:
(1) Five percent (5%) of the total units of a housing development for very low income households; or
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(2) Ten percent (10%) of the total units of a housing development for lower income households; or
(3) A senior citizen housing development.
b. The planning commission shall grant a density bonus permit that authorizes development of a project with a five percent (5%) density bonus and at least one of the construction incentives set forth in section 10-3-1526.5 of this chapter when the applicant for the housing development agrees to construct ten percent (10%) of the total dwelling units in a condominium project, as defined in subdivision (f) of section 1351 of the California Civil Code or its successor statute, or in a planned development, as defined in subdivision (k) of section 1351 of the California Civil Code or its successor statute, for persons and families of moderate income.

2. Additional Density Bonus: In addition to the base density bonus granted by the planning commission pursuant to subsection A1 of this section, a density bonus permit issued pursuant to this article shall authorize an additional density bonus under the following circumstances:
a. For each one percent (1%) increase in the number of units above the initial five percent (5%) threshold of units affordable to very low income households, the density bonus shall be increased by two and one-half percent (2.5%) up to a maximum of thirty five percent (35%); or
b. For each one percent (1%) increase in the number of units above the initial ten percent (10%) threshold of units affordable to lower income households, the density bonus shall be increased by one and one-half percent (1.5%) up to a maximum of thirty five percent (35%); or
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c. For each one percent (1%) increase in the number of units in a condominium development above the initial ten percent (10%) threshold of units affordable to moderate income households, the density bonus shall be increased by one percent (1%) up to a maximum of thirty five percent (35%).

B. Section 65915.5 Projects: If the city is required to issue a density bonus under California Government Code section 65915.5, the density bonus permit shall authorize development of a project with either a twenty five percent (25%) density bonus or with other incentives that are of equivalent financial value to the twenty five percent (25%) density bonus. Such other incentives shall be limited to financial incentives or any combination of density bonus, financial incentives, and construction incentives set forth in this section and section 10-3-1526.5 of this chapter.

With regard to construction incentives granted pursuant to this section, any requirement to designate units for lower income or very low income households may be satisfied by designating such units for persons and families of low and moderate income. Similarly, for the purpose of construction incentives granted pursuant to this section, any reference in section 10-3-1526.5 of this chapter to units designated for lower and very low income households shall include units designated for persons and families of low and moderate income.

C. Fractional Units: For the purposes of this section, all density calculations resulting in fractional units shall be rounded up to the next whole number. 10-3-15259: ELIGIBILITY GUARANTEES:

Prior to the construction of a development project pursuant to a density bonus permit, the developer shall ensure continued affordability of units designated for lower and very low -30-
income households to the satisfaction of the city attorney and as required by California Government Code section 65915 or its successor statute.

Additionally, prior to the issuance of a density bonus permit for a development in which the units will be sold to moderate income households, the developer shall ensure that the initial occupants of such units meet the applicable income limits to the satisfaction of the city attorney and as required by California Government Code section 65915 or its successor statute. In addition, the developer shall ensure that, upon resale, the city recaptures its proportionate share of the appreciation of such units to the satisfaction of the city attorney and as required by California Government Code section 65915 or its successor statute. 10-3-152630: APPEALS:

A. Number Of Incentives: In addition to the density bonus granted pursuant to section 10-3-1526 of this article, an applicant for any project for which a density bonus and incentives or concessions are required pursuant to California Government Code section 65915 shall be entitled to receive the following number of construction incentives:
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1. One incentive for a project that includes at least ten percent (10%) of the total units for lower income households, at least five percent (5%) for very low income households, or at least ten percent (10%) for persons and families of moderate income in a condominium or planned development.

2. Two (2) incentives for a project that includes at least twenty percent (20%) of the total units for lower income households, at least ten percent (10%) for very low income households, or at least twenty percent (20%) for persons and families of moderate income in a condominium or planned development.

3. Three (3) incentives for a project that includes at least thirty percent (30%) of the total units for lower income households, at least fifteen percent (15%) for very low income households, or at least thirty percent (30%) for persons and families of moderate income in a condominium or planned development.

B. Qualifying Incentives: The exact construction incentive(s) to be offered to a project that qualifies for a density bonus pursuant to Government Code section 65915 and section 10-3-1526 of this article shall be determined by the planning commission as part of its review of each application.

C. Exceptions: Notwithstanding the requirements of this section, with regard to developments that qualify for a construction incentive pursuant to California Government Code section 65915, the planning commission need not provide a construction incentive in addition to the applicable density bonus if the commission makes a written finding, based upon substantial evidence, that either:

1. The requested incentive is not required to encourage the provision of housing at affordable housing costs as defined in California Health and Safety Code section 50052.5 -32-
nor is the incentive necessary to encourage the provision of housing at rents that are set as specified in California Government Code section 65915; or

2. The requested incentive would have a specific adverse impact, as defined in California Government Code section 65589.5 or its successor statute, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households.
10-3-1527: LAND DONATIONS; CHILDCARE FACILITIES:

A. Land Donations: If an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the city as provided in California Government Code section 65915, or its successor statute, the planning commission shall grant a density bonus permit that authorizes a density bonus as required by section 65915, or its successor statute.

B. Childcare Facilities: If the applicant for a project that qualifies for a density bonus pursuant to section 10-3-1526 of this article proposed to include a childcare facility on the premises of, as part of, or adjacent to, the project, the planning commission shall grant the applicant one of the following:

1. An additional density bonus in an amount equal to or greater to the square footage in the childcare facility; or

2. An additional construction incentive set forth in section 10-3-1526.5 of this article that contributes significantly to the economic feasibility of the construction of the childcare facility.
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Notwithstanding the foregoing, the planning commission shall not grant an additional density bonus or construction incentive for a childcare facility if, the commission finds, based on substantial evidence, that the community is already served by adequate childcare facilities.
10-3-1530.57: GUIDELINES:

All applications for a density bonus permit shall be processed pursuant to the guidelines for density bonus permit applications as may be approved adopted by the city council from time to time and maintained on file in the department of community development. 10-3-1528: OCCUPANCY PRIORITY:

Occupancy priority for eligible units shall conform to the following eight (8) tiers.

B. Tier 2 - Tenants With Beverly Hills Unified School District Students Displaced From The Project Site: Second priority shall go to income qualified households that include as part of the household a legal guardian of one or more students currently enrolled in and -34-
attending the Beverly Hills Unified School District in grade 10 or lower, and that have been or will be required to vacate existing dwelling units on the site of development so that an owner or developer may perform any construction, renovation or addition pursuant to a density bonus permit. If the number of qualified applicants in this tier exceeds the number of available units, the order in which the units are offered to Tier 2 applicants shall be based on the period of time that the longest tenured member of the household resided at the project site, from longest to shortest, and a lottery shall be held within this tier to determine the order in which the units are offered to any Tier 2 applicants having the same period of residency at the project site.

D. Tier 4 - Displaced Senior Households: Fourth priority shall go to income qualified households in which at least one member is a senior (62 years and older) and that have or will be displaced or evicted from a multi-family building in the City other than the project site for the purpose of redevelopment if either: (1) the multi-family building was demolished for redevelopment within the two years immediately preceding the date on -35-
which applications for the affordable housing units are due; or (2) the multi-family property to be redeveloped has received all entitlements, excluding building permits, and such redevelopment requires all residents to vacate the site, provided that such entitlements, or subsequent entitlements remain valid and have not expired on the date the applications for the affordable housing units are due. If the number of qualified applicants in this tier exceed the number of available units, the order in which the units are offered to Tier 4 applicants shall be based on the period of time that the longest tenured members of the household resided at the multi-family building to be redeveloped, from longest to shortest, and a lottery shall be held within this tier to determine the order in which the units are offered to the Tier 4 applicants having the same period of residency at the project site.

E. Tier 5 - Displaced Tenants With Beverly Hills Unified School District Students: Fifth priority shall go to income qualified households that include as part of the household a legal guardian of one or more students currently enrolled in and attending the Beverly Hills Unified School District in grade 10 or lower, and that have or will be displaced or evicted from a multi-family building in the City other than the project site for the purpose of redevelopment if either: (1) the multi-family building was demolished for redevelopment within the two (2) years immediately preceding the date on which applications for the affordable housing units are due; or (2) the multi-family property to be redeveloped has received all entitlements, excluding building permits, and such redevelopment requires all residents to vacate the site, provided that such entitlements, or subsequent entitlements, remain valid and have not expired on the date the applications for the affordable housing units are due. If the number of qualified applicants in this tier exceed the number of available units, the order in which the units are offered to Tier 5 applicants shall be based -36-
on the period of time that the longest tenured member of the household resided at the multifamily building to be redeveloped, from longest to shortest, and a lottery shall be held within this tier to determine the order in which the units are offered to the Tier 5 applicants having the same period of residency at the project site.

G. Tier 7 - Senior Households: Income qualified households with at least one member who is a senior (62 years and older). If the number of qualified applicants in this tier exceeds the number of available units, then a lottery shall be held within this tier to determine the order in which the units are offered to the Tier 7 applicants. -37-
H. Tier 8 - Other Income Qualified Households: Income qualified households that do not meet the requirements of Tiers 1-7. If the number of qualified applicants in this tier exceeds the number of available units, then a lottery shall be held within this tier to determine the order in which the units are offered to the Tier 8 applicants.

I. Exceptions:

Section 33. Section 4-2-1704 (Restrictions and Prohibitions) of Article 17 (Veterinary Clinic and Pet Shops) of Chapter 2 (Regulatory Business Permits) of Title 4 (Regulation of Certain Types of Businesses and Activities) of the BHMC is hereby amended to read as follows:
“4-2-1704: RESTRICTIONS AND PROHIBITIONS:
-38-
Veterinary clinics and pet shops are prohibited within fifty feet (50') of any residence, dwelling house, lodging house, hotel, school, theater, church religious institution, or restaurant.”
Section 34. Section 4-5-606 (Physical Relocation in Lieu of Fee) of Article 6 (Relocation Fees) of Chapter 5 (Rent Stabilization, Part I) of Title 4 (Regulation of Certain Types of Businesses and Activities) of the BHMC is hereby amended to read as follows:
“4-5-606: PHYSICAL RELOCATION IN LIEU OF FEE:

In lieu of the relocation fee required by section 4-5-605 of this chapter, the landlord, at his option, may relocate the tenant into a comparable replacement apartment unit satisfactory to the tenant, in which event the landlord shall be liable only for the actual costs of relocating the tenant, up to the maximum as set forth in section 4-5-605 of this chapter per apartment unit. A tenant shall not unreasonably withhold the approval of a replacement apartment unit offered by the landlord. For the purposes of this section only, comparability shall be determined from the following factors: size, price, location, proximity to medical and recreational facilities, parks, community centers, shops, transportation, schools, churches, and synagogues religious institutions, amenities, and, if the tenant desires, the location of the apartment unit in the city.” Section 35. Paragraph F of Section 4-6-9 (Relocation Fee) of Chapter 6 (Rent Stabilization, Part II) of Title 4 (Regulation of Certain Types of Businesses and Activities) of the BHMC is hereby amended to read as follows, with all other provisions in Section 4-6-9 remaining in place without amendment:
-39-
“F. Relocation Of Tenant: In lieu of the relocation fee required by subsection E of this section, the landlord, at his or her option, may relocate the tenant into a comparable replacement apartment unit satisfactory to the tenant, in which event the landlord shall be liable only for the actual costs of relocating the tenant, up to the maximum as set forth in subsection E of this section per apartment unit. A tenant shall not unreasonably withhold the approval of a replacement apartment unit offered by the landlord. For the purposes of this paragraph only, comparability shall be determined from the following factors: size, price, location, proximity to medical and recreational facilities, parks, community centers, shops, transportation, schools, churches, and synagogues, religious institutions, amenities, and, if the tenant desires, the location of the apartment unit in the City.” Section 36. Section 5-1-206 (Noise In Proximity Of Schools, Hospitals, and Churches) of Article 2 (Specific Noise Sources and Regulations) of Chapter 1 (Noise Regulations) of Title 5 (Public Health, Welfare, and Sanitation) of the BHMC is hereby retitled and amended to read as follows:
“5-1-206: NOISE IN PROXIMITY OF SCHOOLS, HOSPITALS, AND CHURCHES RELIGIOUS INSTITUTIONS:

It shall be unlawful for any person to create any noise on any street, sidewalk, or public place adjacent to any school, institution of learning, or church religious institution while the same is in use, or adjacent to any hospital; which noise substantially and unreasonably interferes with the workings of such institutions or which disturbs or unduly annoys patients in the hospital, provided that conspicuous signs are displayed on such street, sidewalk, or public place indicating the presence of a school, church religious institution, or hospital.”
-40-
Section 37. The definition of “Religious Institution” in Section 10-3-100 (Words Defined) in Article 1 (Definitions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby added between “Reasonable Accommodation” and “Residential Zone” to read as follows:
“RELIGIOUS INSTITUTION: Any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.” Section 38. Section 10-3-505 (Exceptions; Churches) in Article 5 (One-Family Residential Zone (R-1.X) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby retitled and amended to read as follows:
“10-3-505: EXCEPTIONS; CHURCHES RELIGIOUS INSTITUTIONS
Lots 4, 5, and 6, block 1, tract 6217, and lots 1, 2, and 3, block 51, tract Beverly Hills, shall be used for private one-family residences only unless used for church religious institution purposes.”
Section 39. Section 10-3-1602 (Building Restrictions) of Article 16 (Building Restrictions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-1602: BUILDING RESTRICTIONS:

No building, structure, or improvement shall be erected, constructed, established, altered, or enlarged in zone C-3 which is designed, arranged, or intended to be used or occupied, and no building now existing or hereafter to be constructed in zone C-3 shall be used or occupied for any purpose other than as:

Café.

Carpenter shops.
-41-
Church.

Clubhouse.

Commercial garages.

Conservatories.

Dancing academies.

Dressmaking or millinery shops or stores.

Hotel.

Library.

Lunchroom.

Medical uses as defined in section 10-3-100 of this chapter that comply with section 10-3-1620.1 of this article and cosmetic spas that comply with section 10- 3-1620.2 of this article.

Offices.

Paint, paperhanger, and decorating stores.

Photographic galleries.

Places of amusement.

Playground.

Plumbing shops.

Religious Institutions.

Roofing or plastering stores or offices.

School.

Store or shop for conducting wholesale or retail businesses.

Studios.
-42-
Tailors.

Upholsterers.

Other similar enterprises and institutions, except as in this chapter otherwise provided.”
Section 40. Article 22 (Church Zone) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended in its entirety to read as follows:
“ARTICLE 22. CHURCH RELIGIOUS INSTITUTION ZONE.
10-3-2201: CHURCH RELIGIOUS INSTITUTION ZONE CREATED; LOTS 1901 AND 1902, TRACT 6380:

There hereby is established and created in the city a special church religious institution zone consisting of lots 1901 and 1902 in tract 6380 to be used for religious purposes.” Section 41. Row “2” of Subsection 10-3-2730 B. (Parking; Requirements) of Article 27 (Other Use and Building Restrictions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows, with all other provisions in Section 10-3-2730 B., including its table, remaining in place without amendment:
“
Type Of Use Required Spaces

2. Theaters, auditoriums, and public assembly areas with fixed seats, including, but not limited to, churches religious institutions and schools above the elementary level
1 space per 4 seats
”
Section 42. The row entitled “Commission/Council Level (cont.) in the table of Subsection 10-3-253 A. (Standard Requirements) in Article 2.5 (Public Notice Requirements) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows with all other provisions in Subsection 10-3-253 A., including its table, remaining in place without amendment:
-43-
Commission/Council
Level (cont.)
On-site
posted
notice of
public
hearing
required for
all
commission
level
projects
Maps
(tentative,
and
parcel)
Specific
Plan
Variance
Hillside
Area:
1,000
foot
radius,
plus
notice to
either all
properties
in
Hillside
Zone 1 or
Hillside
Zone 2
Trousdale
Estates
Area:
1,000
foot
radius
Hillside Area: 1,000 foot radius,
plus notice to either all
properties in Hillside Zone 1 or
Hillside Zone 2
Trousdale Estates Area: 1,000
foot radius
Adjacent Neighbor Mailed
Notice: Required only for
projects in single-family
residential zones
(Single-Family Zones): 100-foot
radius
Section 43. The row entitled “View Restoration” in table of Subsection 10-3-253 B. (Special Notice Requirements) in Article 2.5 (Public Notice Requirements) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows, with all other provisions in Section 10-3-253 B., including its table, remaining in place without amendment:

Development
Application
Special Public Notice Requirements
View restoration 1. Adjacent Neighbor Mailed Notice: Notice shall be prepared in accordance with the standards in this chapter and mailed within forty-five (45) days of the receipt of an application and the payment of fees for a View Restoration Permit.

12. Notice to Foliage Owner(s): Notice that a formal request for a View Restoration Permit hearing has been filed with the City, attaching a copy of the application, a copy of the View Restoration Guidelines, and an authorization form that would allow staff and the Planning Commission to visit the Foliage Owner's property -44-
shall be mailed in a timely manner after the application for a View Restoration Permit has been deemed complete.

23. Public Hearing Notice: Notice of any hearing held pursuant to this section shall be mailed at least 30 days prior to such hearing by United States mail, postage paid, to the applicant and to all owners who are identified as foliage owners in the view restoration permit application, as shown on the latest equalized assessment roll, as well as residential occupants of the foliage owners' properties.

34. Notice Of Decision: Within 5 days after the issuance of a decision by the reviewing authority, the Director of Community Development shall cause a copy of the decision to be mailed through the United States mail, postage prepaid, to each of the following persons:
a. The view owner, using the mailing address set forth in the application;
b. Each foliage owner that is named on the application, as listed on a current Tax Assessor's roll and to the occupant of the foliage owner's property if the foliage owner's address is different than from the property on which the foliage is located.

The failure of the person addressed to receive a copy of the decision shall not affect the validity or effectiveness of any decision.
”
Section 44. Section 10-3-2739 (Guest Parking; Multiple-Family Residential Zones) of Article 27 (Other Use and Building Restrictions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby repealed.

Section 45. Subparagraph 4. or paragraph D. of Section 4-2-1740 (Operating Requirements) of Article 17.1 (Animal Grooming) of Chapter 2 (Regulatory Business Permits) of Title 4 (Regulation of Certain Types of Businesses and Activities) of the BHMC is hereby amended to read as follows, with all other provisions of section 4-2-1740 remaining in place without amendment:
“4. Animals shall not be boarded at the facility, unless the facility is permitted as a pet boarding facility pursuant to Beverly Hills Municipal Code section 10-3-1620.3. The pet -45-
boarding area shall be separate from the grooming area. Animals shall only be kept at a grooming facility for a reasonable time in order to perform the business of grooming.” Section 46. Section 10-3-1604 (Conditionally Permitted Uses) of Article 16 (Commercial Zone (C-3)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-1604: CONDITIONALLY PERMITTED USES:

The following uses shall be permitted in the C-3 Zone only if authorized by a conditional use permit issued pursuant to the provisions of article 38 of this chapter:

Alternative parking facilities used to provide required parking for commercial uses, excluding medical uses, pursuant to section 10-3-2730.4 of this chapter.

Amusement parks.

Brewing or manufacture of alcoholic beverages that is ancillary to a dining or bar use or is ancillary to a retail store that sells alcoholic beverages.

Car washes that:

When reviewing the conditional use permit application for such car washes, the Planning Commission shall consider the conditional use permit criteria set forth in section 10-3- 1613 of this article.

Childcare uses licensed pursuant to State law.
-46-
Convenience stores not occupying a tenant space whose primary entrance opens into the interior of a commercial building.

Cosmetic spas pursuant to section 10-3-1620.2 of this article.

Drive-up, drive-in and drive-through facilities, subject to the provisions of section 10-3- 1612 of this article.

Educational institutions.

Hotels, subject to the provisions of article 28.6 of this chapter.

Mini-shopping centers subject to the provisions of section 10-3-1611 of this article.

Museums.

Off site parking pursuant to section 10-3-2733 of this chapter.

Pet boarding facility pursuant to section 10-3-1620.3 of this article.

Public utility uses, except as provided in section 10-3-2754 of this chapter.

Religious institutions.

Vehicles sales, service or fuel stations, subject to the provisions of section 10-3-1613 of this article and not otherwise prohibited by section 10-3-1603 of this article. -47-
A. The establishment or expansion of any activity that qualifies as a vehicle sales, service or fuel station use shall require a separate conditional use permit.

B. Notwithstanding other provisions of this use, a vehicle sales, service or fuel station that involves only the installation of vehicle accessories shall not require a conditional use permit unless such vehicle sales, service or fuel station is located adjacent to a Residential Zone or separated from a Residential Zone only by a public right-of-way. For the purposes of this use, the term "vehicle accessories" shall include, but not be limited to, tires and alarms, but shall not include engine or body parts.” Section 47. Section 10-3-2003 (Conditionally Permitted Uses) of Article 20 (Commercial Zone (C-5)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-2003: CONDITIONALLY PERMITTED USES:

The following uses shall be permitted in the C-5 zone only if authorized by a conditional use permit pursuant to the provisions of article 38 of this chapter:

Alternative parking facilities used to provide required parking for commercial uses, excluding medical uses, pursuant to section 10-3-2730.4 of this chapter.

Brewing or manufacture of alcoholic beverages that is ancillary to a dining or bar use or is ancillary to a retail store that sells alcoholic beverages.

Car washes that:

When reviewing the conditional use permit application for such car washes, the planning commission shall consider the conditional use permit criteria set forth in section 10-3- 1613 of this chapter.

Convenience stores not occupying a tenant space whose primary entrance opens into the interior of a commercial building.

Educational institution uses teaching grade levels 1 through 12.

Gymnasium uses.

Museum uses.
"Nightclub type activity" uses, as defined in section 10-3-2703 of this chapter.

Off site parking pursuant to section 10-3-2733 of this chapter.

Pet boarding facility pursuant to section 10-3-1620.3 of this chapter.

Private screening rooms appurtenant to commercial office uses.

Religious institution uses.

Theater/auditorium uses with a maximum capacity of no more than four hundred fifty (450) persons.

Vehicle sales and service uses prohibited by section 10-3-2002 of this chapter, but in existence on September 1, 1991. Any expansion of such use shall require a conditional use permit and shall be limited to property that is contiguous to the site area occupied by the use on September 1, 1991.
-49-
Veterinary hospital uses prohibited by section 10-3-2002 of this chapter, but in existence on September 1, 1991. Any expansion of such use shall require a conditional use permit and shall be limited to the site area occupied by the use on September 1, 1991.

Section 50. 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 -50-
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 51. 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 his certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City. \\
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Section 52. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.

Adopted:

Effective:
____________________________
JULIAN A. GOLD, M.D.

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

BEVERLY BLVD

CINTHIA ST

N ORLANDO AVE N ORLANDO AVE
SAN

YSIDRO DR

SAN YSIDRO DR

S ROBERTSON BLVD

D E VO N AVE
LO

M A V SI TA DR

LARRABEE

N DOHENY
DR

W SUNSET BLV D

C OL DWATER

CANYON DR

COLDWATER CANYON DR

S BEVERLY DR

W PICO BLVD

WILSHIRE BLVD WILSHIRE BLVD WILSHIRE BLVD

WILSHIRE BLVD

SANTA MONICA BLVD

CRESCENT DR

WARNALL AVE
W 3RD ST

SAN VICENTE BLVD

S CAMDEN DR

SUNSET BLVD

MORENO DR

N OAKHURST DR

N MAPLE DR

N PALM DR

N MAPLE DR

S BEDFORD DR

BENEDICT C ANYON DR

FOX HILLS DR

CENTURY
PARK

N LE DOUX RD

LAKE DR

N HAMEL DR

BENECIA
AVE

SCHUMACHER
DR

HOLLOWAY
DOHENY
ALFRED
RD

N ROXBURY DR

N BEDFORD DR

N RODEO DR

BEVERWIL

S WOOSTER ST

REEVES ST

GLENVILLE DR

CARDIFF AVE
CLUB
VIEW
DR

LAUREL WAY

N CROFT AVE

S DOHENY DR

S P ALDING DR SPALDING DR

BRIER DR

EASTBORNE AVE

ANGELO DR

W OLYMPIC
BLVD

HARTFORD WAY

KEITH AVE

N SIERRA DR
N
CANON
DR

PECK DR
TOW ER
RD

N CRESCENT
DR
N

CRESCENT
DR

MELROSE

VIDOR DR

DAYTON WAY

SHERWOOD

S ALFRED ST
W 4TH ST

DURANT DR

ALPINE DR
ALPINE
DR

HILLC REST
RD

HILLCREST
RD

MELROSE AVE

LL O YD PL

WHITTIER
DR

WHITT EI R
DR

SUM MIT DR

CARMELITA
AVE

CHEROKEE LN

FOOTHILL
RD

PARK WAY

N REXFORD
DR

N REXFORD DR

N DOHENY DR

N WETHERLY DR

CIVIC CENTER DR

N LA PEER DR

N SWALL DR

N CLARK DR

LOMITAS
AVE

DICKS ST

BLACKBURN AVE

S HAMEL DR

TRENTON DR

ALTA DR
KINGS

N CROFT AVE
OLIVE

RANGELY AVE

DORRINGTON AVE
KINGS
N ELM
DR

S CANON DR

S OAKHURST DR

S WETHERLY DR

S ELM DR

ALF RED

S SWALL DR

WALDEN DR

S ALMONT DR

S CLARK DR

REEVES DR

S PALM DR

ELCAMINO DR

S MAPLE DR

S CRESCENT DR

S LINDEN DR

MCCARTY DR

S REXFORD DR

S ROXBURY DR
BONNER

LAKE FRANKLIN DR

S CORN NI G ST

N BEVE R LY
DR

N LINDEN DR

S GALE DR

ARDEN DR

ROBERT LN
KINGS
N
PALM
DR

N CARSON RD

FE R R ARIDR
N
MAPLE
DR

HEATH AVE

N STANLEY DR

EDRIS DR

STANLEY
HILLS
DR

CLARK ST

FOOTHILL RD

EVELYN PL

REXFORD DR
ENSLEY
AVE

PALM AVE
MARILY
N DR

N OAKHURST DR

S ORLANDO AVE

BRIGHTON WAY
MGM DR

HOLT AVE

MOUNTAIN DR

N ELM DR

N ALMONT DR

HILL CREST
DR

NORWICH

N HAMILTON DR
W
O
O
DLAND
DR

COV E WAY

BEVERLY
PK

CHALETTE DR

RI DGE M ONT DR

N LA CIENEGA BLVD

GREGORY WAY

OLYMPIC BLVD OLYMPIC BLVD OLYMPIC BLVD

S RODEO DR

S LA PEER DR

WHITWORTH DR

S SHENANDOAH ST

S BEDFORD ST

S SHERBOURNE DR

S HOLT AVE

S LA CIENEGA BLVD

OLYMPIC BLVD

CHALMERS DR

OAKHURST DR

CANFIELD AVE

S CREST DR

L VI ON AI AVE

S LA JOLLA AVE
ALVIRA
ST

GALAXY W AY

S BEVERLY DR

AVENUE OF THE STARS

CONSTELLATION BLVD

CENTURY PK W
THAYER

AVE HOLMBY AVE

S BEVERLY GLEN B L VD
S

BEVE RLY

GLEN BLV
D
CO
MSTO

C K AVE

VIRGINIA

SMITHWOOD

DANIELS AVE

CASTELLO
MOORE

WILLAMAN DR

MARYLAND
W 5TH ST

DREXEL AVE

COLGATE AVE

N ROBERTSON BLVD

N ARNAZ DR
W 3RD ST

ALDEN DR
W 3RD ST

ALDEN DR

BURTON WAY

S SAN VICENTE BLVD

OAKWOOD AVE

BEVERLY BLVD

ASHCROFT AVE

ROSEWOOD AVE

N PALM DR

ROSEWOOD AVE

WESTBOUR NE

WESTMOUN T

WEST KNOLL

N DOHENY DR

N CAMDEN DR
N

BEVERLY DR

CARMELITA AVE

ELEVADO AVE

SUNSET BLVD

SU NSET BLVD

N SANTA MONICA BLVD

S SANTA MONICA BLVD

PANDORA
AVE

N ROXBURY DR

N CRESCENT
DR

N BEVERLY DR
N
REXFO
R
D
D R

S CH U YLER
RD

WALLACE RI D GE HILLC
REST R
C
D

ARLA RIDGE

LOMA VIS TA D RARKELL DR

C ARLA RIDGE

CASTLE PL

TRO USDA L E PL

MAR T I N LN
HAYNES
CALLE
V
SI TA
DR

LAGO V I STA
DR
SUM
MI T
DR
SA N

YSIDRO DR

TO WER RD
T
O
W ER G
ROV E
DR
SU

MMIT RI DG
E DR
LAUREL
WAY

FRANKL NI CAN YO N
D
R

W ONDERLAND AVE

L O OKOUT MOUNTAIN AVE
BL U

E JAY WAY
R

ISING GLEN R
D

WALNUT DR

RIDPATH DR

KIRKW O O D DR

G R A ND VIE W

APPIAN WAY

NIGHTIN G ALE DR
KINGS

Q UEENS RD

SUNSE T PLAZA DR

HR S HER

S EI RRA
A LTA
WAY

N DOHEN Y
D R

HILLDALE

HAMMOND ST

HANCOCK AVE
N
DOHENY
DR

SUNS E T PL A Z A

LON D ONDERRY

N WETHE R L Y
DR

R U G BY PL

A PPIAN WAY

S UNSET CREST

HILLGREEN
DR

LASKY DR

HACIENDA

FOUNTAIN AVE

ALTA LOMA

WEST KNOLL

CLINTON AVE

CHARLEVILLE BLVD

W PICO BLVD

CHARLEVILLE BLVD

LOMITAS AVE

N BEV ERLY
DR
S

BEVERLY DR

HUNTLEY

N LA CIENEGA BLVD

BURTON WAY

CLIFTON WAY
SHA D

OW HI L L WAY
LO MA
LIND
A DR
Zoning Map - City of Beverly Hills
ZONES

COMMERCIAL
C-3 Commercial Zone
C-3A Commercial Zone
C-3B Commercial Zone
C-3T-1 Commercial-Transition Zone
C-3T-2 Commercial-Transition Zone
C-3T-3 Commercial-Transition Zone
C-5 Commercial Zone

INSTITUTIONAL/GOVERNMENT
T
Church Religious Institution Zone
P-S Public Service Zone
S School
T-1 Transportation Zone
Parks, Reservoirs, Government (Unzoned)

Map produced by: City of Beverly Hills - IT - GIS
455 N. Rexford Dr. Beverly Hills, CA 90210
October 05, 2021

TROUSDALE

ESTATES

HILLSIDE
AREA

CENTRAL
AREA
E
0 970 1,940Feet
1:19,500

N ROBERTSON BLVD S ROBERTSON BLVD
Attachment 4
Overview of Proposed Code
Changes
City Council Agenda Report
2024 Zoning Code Clean Up Ordinance
April 16, 2024
Overview of 2024 Code Clean Up
Topic Summary of Change Justification Amended BHMC Code Section(s) Series of Walls (Hillside R-1)
Correct omitted reference to the
Hillside R-1 process for series of
walls
Remove confusion and unintended
barriers for property owners to
request deviations under §10-3-
2550M (Hillside R-1 Permit)
• §10-3-2516F [Walls, Fences, and
Hedges (Hillside)]
Family Daycare Homes
Acknowledge state-licensed
family daycare homes as
permitted residential uses:
• Modify permitted uses
tables;
• Remove public noticing,
standards, and discretion
for large family daycare
homes;
• Exempt these uses from
business tax registration;
• Update related
definitions and other
regulations pursuant to
Government Code
Section 1596.78.

Ensure compliance with SB 234 (The
Keeping Kids Close to Home Act)
from state law
• §10-3-100 (Words Defined)
• §3-1-202 [Business Tax
Exemptions]
• §10-3-253B [Public Noticing]
• Various sections in residential
regulations for permitted uses and
tables (§10-3-302; -401, -501, -601,
-701, -801, -901, -1001, -1101, -
1202)
• Repeal standards for large family
daycare homes (§10-3-408, -503, -
702, -803, -902, -1002, -1103)
Religious Institutions
Revise terms to “Religious
Institutions” throughout for
inclusivity and clarity; add
definition for “Religious
Institutions”; retitle Church
Zone to “Religious Institution
Zone” on City’s zoning map
Clarify permitted uses; reflect
diversity of religious practices;
promote consistency with existing
use of “religious institutions” in
BHMC
• Miscellaneous sections in Titles 4,
5, and 10
• §10-3-100 (Words Defined)
• Article 22 (Church Zone)
• Zoning Map
Multi-Family Guest Parking
Harmonize conflicting guest
parking requirements for multifamily developments
Provide clear, effective parking
regulations
• Repeal §10-3-2739 ( Guest
Parking; Multiple-Family
Residential Zones)
[no change to §10-3-2817 (Guest
Parking)]
New Code Graphics
Add graphics for accessory
structure height plane and series
of walls
Enhance usability and understanding
of zoning code regulations
• §10-3-2516 E. & F. (Series of
Walls)
• §10-3-2413 C.2. & D.2.; §10-3-
2414 C.2. & D.2. [Accessory
Height Structure Plane]
Density Bonus
Direct reference to state law for
density bonus; renumber and
add minor administrative
clarifications to existing sections;
remove outdated sections
Eliminate confusion and simplify
implementation; provide interim
measure as City prepares local
program
• Article 15.2 (Residential Density
Bonus)
Adjacent Neighbor Noticing
Specify 100-foot radius
requirement for adjacent
neighbor noticing; remove
adjacent neighbor noticing
requirement for view restoration
Correct omission from 2021 update
to public noticing; remove
unnecessary noticing for view
restoration following City’s historic
practice
• §10-3-253 A. & B. (Notification
Requirements)
Pet Boarding Facilities
Remove pet boarding facilities
standards that expired as of
December 1, 2017; amend
associated references
Improve clarity and relevance of the
BHMC
• Repeal §10-3-1620.3 (Pet Boarding
Facilities)
• §10-3-1604 and §10-3-2003
(Conditionally Permitted Uses)
• §4-2-1740 (Operating
Requirements)
Attachment 5
Applicable General Plan Goals
and Polices
City Council Agenda Report
2024 Zoning Code Clean Up
Ordinance
April 16, 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
• Goal LU 3 (Managed Change) calls for orderly and well-planned change to the community that provides for the needs of existing and future residents and business, effective and equitable provision of public services, and makes efficient use of land and infrastructure.
• Policy LU 2.3 (Hillside Development) advances the maintenance of the natural landforms that define the City and requires that development on hillsides and in canyon areas be located, designed, and scaled to respect the natural topography and landscape. • Goals LU 6 (Single-Family Residential Neighborhoods) and LU 7 (Multi-Family Residential) celebrate residential neighborhoods that are well designed and maintain the character and quality of the City.
• Policy LU 16.11 (Community Engagement) encourages engaging all segments of the community in planning decisions. It calls for the maintenance and enhancement of the public involvement process to assure transparency and enable the public to be wellinformed. • Policy LU 8.2 (Day Care Centers) directs the maintenance of regulations for large-family day care facilities as defined by the State and child care centers to the extent permitted by State law to ensure that impacts on residential neighborhoods are minimized. • Goal LU 16 (Social Sustainability and Equity) embraces land uses and built urban form that provide diverse social and cultural opportunities. 1 Available online at beverlyhills.org/departments/communitydevelopment/longrangeplanning/generalplan/ Attachment 6
Public Correspondence from
the March 14, 2024, Planning
Commission Meeting
Dear Planning Commissioners,
We understand that our city is required to enact up-to-date state density bonus provisions provided for in today’s agenda beginning at p. 21-29 of the proposed ordinance, Section 31, or page 5-38 to 5-46 and 5-87 to 5-101 of the green-lined draft.

Our position on the computation of the state density bonus for the 9229 Wilshire project was previously explained. However, after seeking expert advice, we found that the state density bonus is ordinarily computed in number of units as opposed to square footage.

On the other hand and much more important, we also found out that once the number of additional density bonus units are computed, there is no law which entitles the developer to totally ignore the initial base density project limit of 3 stories, 45’, and start afresh with much larger units resulting in a much taller project, and that to do gives rise to an argument that the project violates the underlying zoning and general plan.

When this issue came up before, the city attorney’s office suggested that the case of Wollmer v. City of Berkeley ((2011) 193 C.A.4th 1329) compelled the city to approve the 9229 Wilshire project. But that position was not well taken because in the Wollmer case the developer was only requesting one additional story and that case involved entirely different issues. Also, that case was decided 13 years ago and not by the California appellate court for our district.

We are suggesting that the following language, which does not conflict with Government Code provisions or the Wollmer case, be added to state density bonus provisions as §10-3- 1524 G. This language would further and reinforce the legislative intent of state density bonus law—to reward developers commensurately with the number of affordable units they provide as opposed to allowing huge buildings in return for a very small number of affordable units.
"10-3-1524
G. In order to harmonize density bonus law with underlying zoning and general plan requirements, if the initial maximum density project including affordable units is contained within the allowable height limit and FAR, and the total area of the bonus units is proportional to the original maximum density project, then the project will be deemed to be consistent with the zoning for the area and the general plan.

Example: A mixed use project with a base density of 40 units where the zoning allows a 3 story mixed use project (first floor of commercial and 2 floors of units), and 6 units out of the 40 units or 15% of the units will be very low income units, entitling the builder to a 50% density bonus.

If the following conditions are met, the project will be deemed to be consistent with the zoning for the area and the general plan:

1. The base density project of 40 units including the 6 very low income units is contained within the allowed zoning envelope of 2 floors of units over the first floor of commercial;

2. The 20 additional units allowed by the 50% density bonus are proportional to the original allowed project, taking up only 50% more floor area or one additional floor of units, for a total of 60 units.

The city may consider allowing larger units provided that the number of very low income units remains the same and the non-affordable unit number is reduced as necessary to provide for enlarging the size of other units."
Thank you for your consideration.

Beverly Hills Residents
Asher Arom
Marion Arom
Albert Aghachi
Aria Ahdoot
Patricia Ahdoot
Fariba Balakane
Sonia Berman
Cynthia Blum
Fred Blum
Darian Bojeaux
Eyal Cohen
Joseph Dabby
Diana Doyle
Jim Doyle
Morris Emanuel
Behrouz Enayati
David Enayati
Fariba Enayati
Michael Enayati
Gigi Javaheri
Mary Javaheri
Saeed Javaheri
Michelle Khalatian
Angelica Kulch
David Mattson
Larry Mattson
Lee Pasternak
Terra Pasternak
Jaleh Shaheedy
M. Shaheedy, M.D.

Ellen Sherwood
Maurine Slutzky
Jon Wine
Azita Yousefian

Beverly Hills City CouncilApril 16, 2024

Beverly Hills City Council
April 16, 2024