Item F-1 Agenda Report — Beverly Hills City Council, November 7, 2024

STAFF REPORT
Meeting Date: November 7, 2024
Item Number:

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

AMENDING ACCESSORY DWELLING UNIT (ADU)

REGULATIONS FOR MULTI-UNIT RESIDENTIAL PROPERTIES

AND ALLOWING ONE ADDITIONAL DEED-RESTRICTED

RENTAL ADU ON SINGLE-FAMILY RESIDENTIAL
PROPERTIES WITH A LOT AREA OF 13,000 SQUARE FEET

OR GREATER, AND MAKING A DETERMINATION OF

EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT (CEQA)
Attachments: 1. Draft Ordinance

2. Planning Commission Resolution No. 2066

3. Summary of Current ADU Regulations

4. Redline Changes to Existing ADU Regulations in BHMC

5. Approximate Map of Single-Family Properties ≥ 13,000 Square Feet

6. Comparison of Standard ADU Vs. Incentive ADU (IADU)

7. Applicable General Plan Goals and Policies

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 AMENDING ACCESSORY

DWELLING UNIT (ADU) REGULATIONS TO UPDATE MULTI-FAMILY

STANDARDS AND ALLOW ONE ADDITIONAL DEED-RESTRICTED RENTAL ADU ON SINGLE-FAMILY PROPERTIES WITH A LOT AREA OF 13,000

SQUARE FEET OR GREATER, AND MAKING A DETERMINATION OF

EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)” (Attachment 1).

Meeting Date: November 7, 2024

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SUMMARY
The proposed ordinance amends the Beverly Hills Municipal Code (BHMC) to support the production of accessory dwelling units (ADUs) as directed by the adopted 2021 – 2029 Housing Element (Implementation Program 10.4). The draft ordinance introduces the following changes to facilitate ADU construction, expand housing options, and increase the availability of rental units within the City:
 Greater flexibility for multi-family ADU development standards, including:
o Increases in allowable height and floor area;
o Reductions in side and rear setbacks for properties abutting alleys; o Allowance of internal-facing balconies; and
o Establishment of a discretionary process allowing deviations from development standards.
 Authorization of an additional “incentive” ADU on single-family properties with a lot area of 13,000 square feet or greater, as long as at least one ADU on the site is deed-restricted as a rental unit.

For details on the specific changes proposed, including eligibility and process requirements, reference the draft ordinance (Attachment 1).

BACKGROUND
The Role of ADUs in Expanding Housing Stock
Accessory dwelling units have emerged as a valuable method to increase housing availability and affordability statewide. Since 2016, state legislation has prioritized ADU creation in response to the state-declared housing crisis through updates to Government Code Sections 65852.2 and 65852.22. Legislation in recent years, including 2019, 2020, and 2024, introduced additional development standards, required cities to allow ADUs in all residential (including multi-family) and mixed-use zones, and streamlined by-right approvals.

On March 18, 2024, the City Council adopted the 6th Cycle Housing Element Update for the 2021 - 2029 planning period, which contains a series of actions to accomplish housing goals. Housing Element Implementation Program 10.4 directs the City to:
 Amend zoning code regarding ADUs in multi-family zones to remove barriers to construction of units above existing garages and allow additional height; and  Allow an additional ADU by the end of 2024 beyond state law requirements on single-family residential properties that are at least 13,000 square feet in size and deed-restrict at least one ADU on such property as a rental unit” The proposed ordinance achieves these policy actions by creating new incentives and expanding existing standards to promote greater ADU production.

On March 18, 2024, the City Council also adopted Ordinance No. 24-O-2892, which revised ADU regulations to comply with state law while offering more flexibility for singlefamily ADUs. This earlier ordinance centered on relaxing single-family ADU standards to fulfill commitments in Implementation Program 10.4. The City already meets or exceeds state ADU requirements. However, this proposed ordinance extends similar flexibility to multi-family ADUs. It also establishes an incentive program for an additional ADU on Meeting Date: November 7, 2024

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large single-family lots (≥13,000 square feet) as a measure that could boost rental housing stock.

Public Outreach and Commission Review
Extensive public outreach informed the development of the draft ordinance. A community survey on multi-family ADUs gathered responses from 40 stakeholders with diverse perspectives, and staff facilitated both in-person and virtual community meetings. The Planning Commission evaluated the findings of the public outreach and the proposed changes during their study session on August 8, 2024. Staff has also informed the interested parties list for the topic of ADU regulations throughout the ordinance development process.

Planning Commission Recommendation
On August 22, 2024, the Planning Commission considered the proposed amendments and adopted PC Resolution No. 2066 (Attachment 2), recommending approval of the draft ordinance to the City Council. The Commission’s recommendation was based on community feedback, the need for more flexible design standards, neighborhood characteristics, and the City’s existing regulatory framework.

DISCUSSION
The current local regulations for multi-family ADUs codified in BHMC §10-3-5001 comply with state law, including compliance with restrictions on height, floor area, and setbacks.

In order to execute Housing Element Implementation Program 10.4, the proposed ordinance amends certain development standards based on local input. These revised standards are intended to support multi-family ADU production. The ordinance also allows for the construction of an additional rental ADU on larger single-family properties (≥13,000 square feet). Attachment 3 summarizes the current development standards and ADU types allowed pursuant to BHMC regulations and state law. A summary of the amendments follows, with redline changes detailed in Attachment 4.

Multi-Family Residential ADU Amendments
The proposed amendments to ADU regulations introduce greater design options for multi-family ADU development, including removing barriers to vertical expansion and maximizing space utilization through the following changes:

Floor Area Increase for Attached/Detached Multi-Family ADUs Detached and attached multi-family ADUs are currently limited to 850 square feet for one-bedroom units and 1,000 square feet for units with two or more bedrooms. The Planning Commission’s recommendation to increase the maximum allowable floor area to 1,200 square feet relaxes these restrictions to offer increased flexibility to create more functional ADUs. Additionally, the change would make the size of multi-family ADUs more comparable to what is already allowed for single-family ADUs south of Santa Monica Boulevard.

Existing Floor Area Limits (BHMC):
 850 square feet for 1-bedroom units
 1,000 square feet for units with 2+ bedrooms
Proposed Floor Area Limit:
 1,200 square feet, regardless of bedroom count
Meeting Date: November 7, 2024

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Height Increase for Detached Multi-Family ADUs
As identified in Implementation Program 10.4, current ADU height restrictions may prevent the development of detached ADUs above existing garages. To alleviate these constraints, the Planning Commission recommended raising the maximum height limit to 24 feet. The additional height will allow vertical expansion above existing structures, such as garages, and enable the development of more viable ADUs in multi-family residential settings.

Existing Height Limit (BHMC):
 16 – 20 feet, depending on certain conditions1
Proposed Height Limit:
 24 feet
Setback Reductions for Detached Multi-Family ADUs
Setback requirements for detached multi-family ADUs include a minimum 4-foot setback from side and rear property lines, which can limit efficient use of space.

The Planning Commission recommended maintaining this standard but allowing portions of ADUs that border alleys to be constructed up to the property line. This change matches existing side and rear setback regulations for single-family ADUs and acknowledges the typical development pattern in multi-family zones, where structures often extend to the property lines along alleys.

Existing Setbacks (BHMC):
 Minimum 4-foot side and rear setbacks
Proposed Setbacks:
 Minimum 4-foot side and rear setbacks, except no minimum side or rear setback is required for the portion of an ADU abutting an alley
Internal-Facing Balconies
Balconies for ADUs are currently prohibited under the BHMC, primarily to protect the privacy of neighboring properties. However, the Commission supported permitting internal-facing balconies for multi-family ADUs—balconies that face inward toward a courtyard or the interior of the property. These balconies provide residents with private outdoor space without compromising the privacy of adjacent properties since they would not directly face an adjacent property. The size of the internal-facing balconies is limited to 15 percent of the ADU’s floor area and must remain within the ADU footprint. The existing prohibition on rooftop decks remains in place to address concerns around privacy and massing.

Existing Balcony Prohibition (BHMC):

1 Existing BHMC regulations mirror state law and allow a maximum detached height of 16 feet for an ADU. A height of 18 feet is allowed if the detached ADU is located on a lot with an existing or proposed single-family within ½ mile walking distance to a major transit stop of high-quality transit corridor. In such cases, an additional two feet in height (up to 20 feet) is permitted when needed to accommodate a roof pitch that aligns with the main residence.

Meeting Date: November 7, 2024

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 ADUs are prohibited from having balconies
Proposed Allowance:
 Multi-Family ADUs may have interior-facing balconies, subject to certain size and orientation criteria
R-4 Permit to Allow Multi-Family ADU Discretionary Review Currently, the BHMC only provides a discretionary review process for singlefamily ADU projects to seek exceptions to development standards. The draft ordinance would provide a similar discretionary process for multi-family properties through approval of an R-4 Permit. The R-4 Permit process is intended to provide opportunities to create ADUs that would not otherwise be permitted under the code. Through this discretionary process, the applicant assumes time and monetary costs associated with the R-4 Permit approval process. The Director of Community Development would have the authority to act upon the application or to refer it to the Planning Commission. No R-4 Permit could be approved to allow rooftop decks, height in excess of the maximum for the primary residence, floor area in excess of the maximum for the primary residence, or deviations from building or life safety requirements.

Existing Procedure (BHMC):
 No discretionary review requests available for multi-family ADUs Proposed Procedure:
 Multi-Family ADUs may request exceptions from development standards through the R-4 Permit process, subject to certain findings by the review authority
Single-Family Residential Additional Incentive ADU
To promote ADU development on larger single-family properties, the draft ordinance establishes an incentive ADU (IADU) program to increase rental housing availability and promote the goals of affirmatively furthering fair housing. Developed in coordination with the State Housing and Community Development Department (HCD), this incentive under Implementation Program 10.4 allows an additional ADU beyond the ADU allowances under state law on single-family lots with a lot area of 13,000 square feet or more. To qualify, one ADU must be deed-restricted for rental use, with a minimum lease term of one year. The IADU program primarily targets properties north of Santa Monica Boulevard, an area of the city characterized by larger lots and lower density. Consistent with the goals of the Analysis of Fair Housing in the Housing Element, the program intends to increase new rental housing opportunities in areas of the City that have been historically less accessible to lower income households. Approximately 2,600 singlefamily residential properties meet the 13,000-square-foot threshold, primarily located north of Wilshire Boulevard and above Carmelita Avenue. A map outlining eligible properties for the incentive program is provided in Attachment 5.

Incentive ADU Standards and Compliance
The additional ADU allowed under the proposed IADU program—which may be attached or detached—must meet state minimum development standards and requires only a building permit (no discretionary review). Although the City’s existing single-family ADU development standards offer more generous standards (i.e. size and height) than state law, the IADU would be required to comply with state law development standards, including a maximum size of 800 square feet. For detached IADUs, the maximum height Meeting Date: November 7, 2024

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would be 16 feet, with an increase to 18 feet allowed under certain conditions, such as proximity to high-quality transit areas. An additional two feet (for a total of 20 feet) would be permitted to match the roof pitch of the main residence, consistent with state law.

Attached IADUs would be required to adhere to the height limits applicable to the main residence. Both attached and detached IADUs would require side and rear setbacks of at least 4 feet. A comparative analysis of standard and proposed incentive ADU requirements is available in Attachment 6.

To participate in the IADU program, property owners must file a permanent deed restriction identifying which ADU (if multiple ADUs are present) will be rented and confirming the one-year minimum rental term prior to obtaining a building permit.

Additional requirements may include City inspections for compliance (with proper notice) and maintaining rental records, including tenant details and lease durations, and making them available to the City upon request. Non-compliance may result in fines, penalties, or revocation of permits, and in severe cases, a lien on the property. IADUs are not subject to the City’s affordable housing guidelines.

The draft ordinance formalizes the IADU allowance and the deed-restriction requirement and specifies compliance with all applicable development standards for single-family ADUs under state law (as amended from time to time). No further changes to singlefamily ADU regulations are proposed.

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

GENERAL PLAN POLICIES2 AND HOUSING ELEMENT IMPLEMENTATION The General Plan contains various goals and policies intended to help guide development in the City. The draft ordinance would also satisfy several of the implementation components of the City’s 2021 – 2029 Housing Element related to ADUs. Goals and policies relevant to the Planning Commission’s review of the draft ordinance are included as Attachment 7.

PUBLIC OUTREACH AND NOTIFICATION
The notice for this project, summarized in Table 1, was provided pursuant to the requirements set forth in BHMC 10-3-2.5, et seq.

TABLE 1. PUBLIC NOTIFICATION TABLE
Notice of Public Hearing
 Mailed Notice (500’ radius + block face; via first class mail) Not required  On-site Posted Notice Not required
 Newspaper Notice
Beverly Hills Courier
Beverly Press
10/18/24
10/17/24
Public Comment

2 Available online at www.beverlyhills.org/generalplan
Meeting Date: November 7, 2024

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Staff maintains an interested parties list for stakeholders who have expressed interest on the topic of ADUs and a courtesy email was sent out informing those parties of this meeting. The City’s ADU webpage (www.beverlyhills.org/adu) was also updated with notification of this meeting. As of the writing of the report, staff has not received correspondence from the public on the draft ADU ordinance.

ENVIRONMENTAL ASSESSMENT
Staff recommends the City Council determine that this ordinance is within the scope of and consistent with the Addendum to the Mitigated Negative Declaration for the Amendments to the adopted 2021 – 2029 Housing Element (State Clearinghouse No. 2021090102), which was adopted by the City Council on March 18, 2024 and certified by the State Department of Housing and Community Development on May 1, 2024.

Furthermore, the ordinance is statutorily exempt from CEQA pursuant to §21080.17 of the California Public Resources Code. This section specifies that the adoption of an ordinance regarding ADUs to implement the provisions of Government Code §65852.1 or Article 2 (commencing with §66314) of Chapter 13 of Division 1 of Title 7 of the Government Code is exempt from CEQA requirements.

FISCAL IMPACT
There is no anticipated direct fiscal impact related to the adoption of this ordinance. ADU projects would be processed subject to the City’s fees for plan check review and permitting for the applicable ministerial and/or discretionary permits, as set forth in the City’s Comprehensive Schedule of Taxes, Fees, and Charges.

NEXT STEPS
After review, the City Council may recommend revisions to the draft ordinance. If the ordinance is adopted, staff will update the City’s ADU guides and resources to take into account the ordinance changes. In addition, staff will hold biannual workshops to inform the public about the revised regulations and guide applicants through the ADU development process. Staff will continue to submit ADU progress reports to both the Planning Commission and City Council as part of ongoing annual reporting requirements.

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

AMENDING ACCESSORY DWELLING UNIT (ADU)

REGULATIONS FOR MULTI-UNIT RESIDENTIAL
PROPERTIES AND ALLOWING ONE ADDITIONAL DEEDRESTRICTED RENTAL ADU ON SINGLE-FAMILY RESIDENTIAL PROPERTIES WITH A LOT AREA OF 13,000

SQUARE FEET OR GREATER, AND MAKING A

DETERMINATION OF EXEMPTION UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, the City of Beverly Hills (“City”) desires to adopt an ordinance amending accessory dwelling unit (ADU) regulations in the Beverly Hills Municipal Code (“BHMC”) in order to execute Implementation Program 10.4 of the Adopted Beverly Hills 2021 - 2029 Housing Element;
WHEREAS, the adoption of this Ordinance will create regulations to facilitate the production of ADUs that contributes to the City’s housing stock and needs, as identified by the Housing Element, thereby expanding the availability of housing, including rental opportunities and workforce housing, in Beverly Hills;
WHEREAS, Implementation Program 10.4 directs the City to: (1) “Amend zoning code regarding ADUs in multi-family zones to remove barriers to construction of units above existing garages and allow additional height” and (2) “allow an additional ADU by the end of 2024 beyond state law requirements on single-family residential properties that are at least 13,000 square feet in size and deed-restrict at least one ADU on such property as a rental unit”; -2-
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WHEREAS, the Planning Commission provided direction on amendments to be included in this Ordinance during duly noticed public hearings, as prescribed by law, on August 8, 2024 and August 22, 2024, at which time City staff and interested persons had an opportunity to, and did testify either in support or against this matter. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Commission recommended specific amendments to ADU regulations to carry out Implementation Program 10.4, including (1) amending the multi-family ADU standards to increase height and floor area, reducing setback requirements in alleys conditions, and establishing a discretionary process to allow multi-family ADUs to deviate from development standards; and by (2) allowing an additional ADU beyond state law requirements on single-family residential properties that are at least 13,000 square feet in size and deed-restrict at least one ADU on such property as a rental unit; WHEREAS, Government Code §66314(c) provides that “accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot”;
WHEREAS, the Planning Commission considered this Ordinance on August 22, 2024, at a duly noticed public hearing, as prescribed by law, at which time City staff and interested persons had an opportunity to and did testify either in support or against this matter. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning -3-
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Commission adopted Resolution No. 2066, recommending approval of the ordinance by the City Council; and
WHEREAS, the City Council, at a regular meeting, considered the Ordinance on November 7, 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:

Housing Element (H)
Implementation Program (Imp.) 10.4 of the Housing Element identifies measures to encourage the provision of ADUs, including:

1. For ADUs built above a garage in multi-family zones, consider allowance for an increase in the permitted height up to the height of the primary residence; and

2. Adopt an ordinance by the end of 2024 to allow an additional ADU beyond state law requirements on single-family residential properties that are at least 13,000 square feet in size and deed-restrict at least one ADU on such property as a rental unit.
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Goal H2 (Housing Supply and Diversity): Calls for updating regulations for ADU and Junior ADUs that contribute to the City’s housing ecosystem by providing options that are inherently different from traditional single- or multi-family units.

Policy H 2.4 (Accessory Dwelling Units): Promotes accessory dwelling units (ADUs) through various programs, including regulatory incentives, as a means of providing lowercost housing options for seniors, caretakers, and others.

Policy H 4.2 (Development Standards): Directs the City to evaluate and modify development standards as appropriate to better facilitate the provision of affordable housing.

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

Policy H 2.10 (Workforce Housing): Encourages the study and development of programs to increase the amount of rental and ownership housing affordable to the local workforce.

Land Use Element (LU)
Policy LU 2.1 (City Places: Neighborhoods, Districts, and Corridors): Directs to maintain and enhance the character, distribution, built form, scale, and aesthetic qualities of the City’s distinctive residential neighborhoods.

Policy LU 3.2 (Fair Share of Regional Housing Needs): Help the City meet State requirements to accommodate the City's fair share of regional housing needs, contingent -5-
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upon the ability to maintain the qualities that distinguish and contribute to the livability of the City and not unduly burden the City's fiscal resources.

Policy LU 5.1 (Neighborhood Conservation): Maintain the uses, densities, character, amenities, and quality of the City’s residential neighborhoods, recognizing their contribution to the City’s identity, economic value, and quality of life.

Section 2. Paragraph A of Section 10-3-5000 of Article 50 (Accessory Dwelling Units and Junior Accessory Dwelling Units) 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 10-3-5000 remaining in place without amendment:
“A. Building Permit Only Standards: Notwithstanding the use regulations of this chapter, accessory dwelling units and junior accessory dwelling units shall be permitted on any lot zoned residential or mixed-use with an existing single-family dwelling unit, or in conjunction with an application for a proposed single-family structure, provided the proposed accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU) meets the following standards and requirements. Accessory dwelling units and junior accessory dwelling units that meet the standards in this section will be allowed to be constructed with a building permit only.”
Section 3. A new subparagraph a. is hereby added to paragraph A.1. of Section 10-3- 5000 of Article 50 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC such that Paragraph A. 1. shall read as follows, with all other provisions of Section 10-3-5000 remaining in place without amendment:
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“1. Number of Accessory Dwelling Units and Junior Accessory Dwelling Units Permitted:

One accessory dwelling unit and one junior accessory dwelling unit are allowed on any lot zoned for residential or mixed-use with an existing or proposed single-family dwelling. a. For lots zoned for single-family residential development with a lot area of 13,000 square feet or greater, one additional ADU, an “incentive accessory dwelling unit” (IADU), shall be allowed subject to a building permit, provided that the IADU complies with the following requirements:
1) IADU Type: The IADU may be attached or detached new construction, but shall not be a JADU or conversion ADU.
2) IADU Size: Maximum floor area shall not exceed 800 square feet. 3) IADU floor area shall not count toward maximum floor area for the site.
4) IADU Height: Maximum height limitations set forth in Government Code §66321(b)(4).
5) IADU Setbacks: Minimum of 4-foot side and rear setbacks. 6) IADU Rental Requirement: The IADU shall be rented with the initial and each subsequent rental period being at least one year, without the ability to sublet or use for short term rentals.
7) IADU General Standards: The IADU shall comply with all other applicable development standards and provisions of this article and the municipal code.”
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Section 4. Subsection A.6(a) of Section 10-3-5000 of Article 50 (Accessory Dwelling Units and Junior Accessory Dwelling Units) 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 Subsection 10-3-5000 A.6 remaining in place without amendment:
“6. Height:
a. Detached Accessory Dwelling Units: A detached accessory dwelling unit shall not exceed a maximum height of:
1) 22 feet in Central Area south of Santa Monica Boulevard; 2) 25 feet in Central Area north of Santa Monica Boulevard; 3) In the Hillside Area and Trousdale Estates, the maximum height shall be in accordance with the height limitations set forth in Government Code §66321(b)(4), as amended from time to time.
4) Notwithstanding the foregoing, a detached accessory dwelling unit of up to two-stories, located within the principal building area on an estate lot of at least twenty four thousand (24,000) square feet in the Central Area shall comply with the maximum height limit applicable to the primary dwelling structure on the site.”
Section 5. Subsection A.7 of Section 10-3-5000 of Article 50 (Accessory Dwelling Units and Junior Accessory Dwelling Units) 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 Subsection 10-3-5000 A. remaining in place without amendment:
“7. Owner Occupancy, Rental, and Transfer:
a. An accessory dwelling unit or junior accessory dwelling unit may be rented, but shall not be sold, transferred or assigned separately from the primary single-family dwelling, except as provided in Government Code §66341. -8-
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b. An accessory dwelling unit or junior accessory dwelling unit shall not be rented for a rental term of less than 30 consecutive days. An incentive accessory dwelling unit shall not be rented for a rental term of less than one consecutive year. c. The owner of a property with a junior accessory dwelling unit shall reside in one of the dwelling units on the property. This owner-occupancy requirement shall not apply to a junior accessory dwelling unit owned by a governmental agency, land trust, or housing organization.”
Section 6. Subsection A.14 of Section 10-3-5000 of Article 50 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“14. Covenant Required:
a. Accessory Dwelling Units: Within 30 days of the issuance of building permit for an accessory dwelling unit pursuant to this article, the owner of record shall record a covenant, in a form satisfactory to the city attorney, which shall place future buyers on notice of the maximum size of the accessory dwelling unit as set forth in the approved plans, the required amount of off street parking, if any, to be provided for the accessory dwelling unit, that the accessory dwelling unit may not be sold, transferred or assigned separately from the primary dwelling unit except as provided in Government Code §66341 that the accessory dwelling unit shall not be rented for a rental period shorter than 30 days, and that such restrictions shall run with the land and be binding upon all future owners. The covenant shall be recorded in the official records of the county of Los Angeles, and a copy of the covenant shall be filed with the office of the city clerk.
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b. Junior Accessory Dwelling Units: Within 30 days of the issuance of building permit for a junior accessory dwelling unit, the owner of record shall record a covenant, in a form satisfactory to the city attorney, which shall place future buyers on notice of the maximum size of the junior accessory dwelling unit as set forth in the approved plans, the required amount of off street parking, if any, to be provided for the junior accessory dwelling unit, that the junior accessory dwelling unit may not be sold, transferred or assigned separately from the primary dwelling unit, that the junior accessory dwelling unit shall not be rented for a rental period shorter than 30 days, that the owner of the property must reside either in the primary dwelling or the junior accessory dwelling unit unless the owner is a governmental agency, land trust, or housing organization, and that such restrictions shall run with the land and be binding upon all future owners. The covenant shall be recorded in the official records of the county of Los Angeles, and a copy of the covenant shall be filed with the office of the city clerk.
c. Incentive Accessory Dwelling Units: Within 30 days of the issuance of building permit for an incentive accessory dwelling unit pursuant to this article, the owner of record shall record a covenant, in a form satisfactory to the city attorney, which shall place future buyers on notice of the maximum size of the incentive accessory dwelling unit as set forth in the approved plans, the required amount of off street parking, if any, to be provided for the accessory dwelling unit, that the incentive accessory dwelling unit may not be sold, transferred or assigned separately from the primary dwelling unit, that one accessory dwelling unit onsite shall not be owner occupied, and shall be rented with the initial and each -10-
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subsequent rental period being at least one year, without the ability to sublet or use for short term rentals, and that such restrictions shall run with the land and be binding upon all future owners. The deed-restricted rental accessory dwelling unit need not be the incentive accessory dwelling unit. The covenant shall also include the City’s right to inspect the site and/or accessory dwelling unit(s) with appropriate notice and required record keeping by the owner of rental agreements, tenant information, and rental periods, which must be made accessible to the City upon request. The covenant shall be recorded in the official records of the county of Los Angeles, and a copy of the covenant shall be filed with the office of the city clerk.”
Section 7. Paragraph B. of Section 10-3-5000 of Article 50 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“B. Minor Accommodation: Any proposed ADU that does not conform to the below objective standards set forth in this Section 10-3-5000 may be permitted by the City with the approval of a minor accommodation permit, in accordance with Section 10- 3-3600. U. A minor accommodation permit may not be granted for junior accessory dwelling units or incentive accessory dwelling units.

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

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

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

4. Required Findings for Discretionary Approval: The director of community development or Planning Commission may approve or conditionally approve a minor accommodation for an ADU subject to the following findings. a. Compatibility: The requested accommodation will be compatible with the scale and massing of the streetscape and existing development in the neighborhood;
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b. No Adverse Impact or Detriment: The granting of the accommodation would not have a substantial adverse impact on or be detrimental to neighbors' access to light and air, neighbors’ privacy, adjacent properties, the garden quality of the city, or public welfare. (1) Specific Finding for Height Increases: In making a determination to increase height, the planning commission must look at such factors including, but not limited to, the impact of the accessory dwelling unit on the scale and massing as viewed from adjacent properties, the impact of the accessory dwelling unit on available light in neighboring yards, and the cumulative impact to adjacent properties from the proposed accessory dwelling unit in combination with existing accessory structures and accessory dwelling units in the vicinity.” Section 8. Subsection A.4(a) of Section 10-3-5001 of Article 50 (Accessory Dwelling Units and Junior Accessory Dwelling Units) 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 Subsection 10-3-5001 A.4 remaining in place without amendment:
“4. Unit Size:
a. Attached or Detached Accessory Dwelling Units: An attached or detached accessory dwelling unit shall not be less than the minimum size for an efficiency unit, as defined in section 17958.1 of the California Health and Safety Code or any successor statute and shall not exceed a maximum size of 1,200 square feet.” -13-
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Section 9. Subsection A.8(a) of Section 10-3-5001 of Article 50 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC to read as follows, with all other provisions of Subsection 10-3-5001 A.8 remaining in place without amendment:
“8. Height:
a. Detached accessory dwelling units shall not exceed a height of 24 feet.” Section 10. Subsection A.9 (Setbacks) of Section 10-3-5001 of Article 50 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“9. Setbacks.
a. Attached accessory dwelling units shall have side and rear setbacks of no less than four feet.
b. Detached accessory dwelling units shall have side and rear setbacks of no less than four feet, except that no minimum side or rear setback is required for the portion of an accessory dwelling unit that abuts an alley.
c. For conversion of existing livable or non-livable space or garage no additional setback is required, beyond the existing provided setback. d. For replacement of an existing enclosed structure or garage, no existing setback is required, beyond the existing setback provided. This provision shall only apply to ADUs that are replacing existing structures within the same footprint of the existing structure and do not exceed the existing structure size and/or height. However, -14-
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replacement of the following accessory structures shall follow all applicable development standards for detached accessory dwelling units per section 10-3- 5001: unenclosed accessory buildings or unenclosed accessory structures, such as patios, gazebos, breezeways, carports, porte cocheres, or similar structures. e. Separation: Newly constructed ADUs shall be located no closer than 6 feet to any other building on the same site area, unless such separation would preclude the construction of an 800 square foot ADU pursuant to subsection A.4.b. of this section.”
Section 11. Subsection A.17 (Porches and Decks) of Section 10-3-5001 of Article 50 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“17. Porches and Decks:
a. No accessory dwelling unit shall have a porch or deck located more than three feet (3') above the finished grade.
b. Rooftop decks shall not be permitted for accessory dwelling units. c. Internal-facing balconies are permitted subject to the following requirements:
i. An internal-facing balcony is defined as a balcony that is directed toward the interior of the property, such as toward a courtyard or a structure on the same property, and shall not directly face a property line, public right-ofway, or neighboring residential structure. -15-
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ii. No portion of an internal-facing balcony shall extend beyond the footprint of the first floor of the ADU.
iii. The total area of all internal-facing balconies associated with the ADU shall not exceed 15 percent of the floor area of the proposed ADU. iv. For purposes of this section, an internal-facing balcony does not include portions of stairs and landing areas that provide required external access to the ADU, provided they are the minimum size required by the applicable building code.”
Section 12. A new Section B is hereby added to Section 10-3-5001 of Article 50 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC to read as follows:
“B. R-4 Permit: In order to allow flexibility in the development of ADUs in areas zoned R-4, while ensuring such units do not adversely impact neighbors or the community, an applicant for any proposed ADU may seek approval to deviate from the objective standards set forth in this Section 10-3-5001 by applying for an R-4 permit pursuant to article 28.5 of this chapter, in accordance with Section 10-3-2850.J.

1. Exceptions: Approval of an R-4 Permit for a proposed ADU shall not allow:
a. Rooftop decks.
b. Height in excess of the underlying zoning district applicable to the primary building area.
c. Any deviation from building or life safety codes.
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2. Reviewing Authority: The Director of Community Development has the authority to approve or conditionally approve an R-4 Permit to allow an ADU to deviate from the applicable objective standards. Decisions of the Director are appealable to the Planning Commission.

3. Referral to the Planning Commission: If, in the opinion of the Director of Community Development, an R-4 application warrants review by the Planning Commission, the Director may refer such application to the Planning Commission, and the Planning Commission shall serve as the reviewing authority and shall conduct a noticed public hearing regarding the requested R-4 Permit. Decisions of the Planning Commission are appealable to the City Council.

4. Required Findings for Discretionary Approval: The Director of Community Development or Planning Commission shall approve or conditionally approve an R-4 Permit for an ADU that deviates from the otherwise applicable objective standards if it makes the following findings.
a. Compatibility: The proposed ADU will be compatible with the scale and massing of the streetscape and existing development in the neighborhood; and b. No Adverse Impact or Detriment: The proposed ADU would not have a substantial adverse impact on or be detrimental to neighbors' access to light and air, neighbors’ privacy, adjacent properties, the garden quality of the city, or public welfare.” Section 13. A new Subsection J is hereby added to Section 10-3-2850 (R-4 Permits That May Be Granted) of Article 28.5 (R-4 Permits) of Chapter 3 (Zoning) of Title 10 (Planning and -17-
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Zoning) of the Beverly Hills Municipal Code to read as follows, with all other provisions in Section 10-3-2850 remaining in effect without amendment:
“J. Section 10-3-5001 regarding multi-family accessory dwelling unit development standards.”
Section 14. CEQA. The City Council finds and determines that this Ordinance is within the scope of and consistent with the Addendum to the Mitigated Negative Declaration for the Amendments to the Adopted 2021- 2029 City of Beverly Hills Housing Element (State Clearinghouse No. 2021090102), which was adopted by the City Council on March 18, 2024 and certified by the State Department of Housing and Community Development on May 1, 2024.

Furthermore, the Ordinance is statutorily exempt from CEQA pursuant to §21080.17 of the California Public Resources Code. This section specifies that the adoption of an ordinance regarding ADUs to implement the provisions of Government Code §§65852.1 or Article 2 (commencing with Section 66314) of Chapter 13 of Division 1 of Title 7 of the Government Code is exempt from CEQA requirements.

Section 15. Submittal of Ordinance. The Community Development Director shall submit a copy of the Ordinance to the Department of Housing and Community Development within sixty (60) days after adoption of this Ordinance.

Section 16. 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. -18-
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Section 17. Publication. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage in accordance with Section 36933 of the Government Code, shall certify to the adoption of this Ordinance, and shall cause this Ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City.

Section 18. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage. The City Clerk is directed to certify to the enactment of this Ordinance and to cause this Ordinance to be published and/or posted as required by law.

Adopted:

Effective:
____________________________
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
Attachment 2
Planning Commission
Resolution No. 2066
1 RESOLUTION NO. 2066

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF BEVERLY HILLS RECOMMENDING ADOPTION OF

AN ORDINANCE OF THE CITY OF BEVERLY HILLS

AMENDING ACCESSORY DWELLING UNIT (ADU)

REGULATIONS FOR MULTI-UNIT RESIDENTIAL
PROPERTIES AND ALLOWING ONE ADDITIONAL DEEDRESTRICTED RENTAL ADU ON SINGLE-FAMILY RESIDENTIAL PROPERTIES WITH A LOT AREA OF 13,000

SQUARE FEET OR GREATER, AND MAKING A

DETERMINATION OF EXEMPTION 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 provided direction on amendments to be included in this ordinance during a duly noticed public hearing, as prescribed by law, on August 8, 2024, at which time it received oral and documentary evidence relative to the drafting of the proposed Amendments. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission recommended (by a 3-0 vote) specific amendments to ADU regulations to carry out Implementation Program 10.4; WHEREAS, the Planning Commission conducted a duly noticed public hearing on August 22, 2024, at which times it received oral and documentary evidence relative to the proposed Amendments; and
Docusign Envelope ID: A4F9C053-A986-43C6-AC21-76320B7C09A1 2 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.

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 Amendments are within the scope of and consistent with the Addendum to the Mitigated Negative Declaration for the Amendments to the Adopted 2021- 2029 City of Beverly Hills Housing Element (State Clearinghouse No. 2021090102), which was adopted by the City Council on March 18, 2024 and certified by the State Department of Housing and Community Development on May 1, 2024. Furthermore, the Amendments are statutorily exempt from CEQA pursuant to §15282(h) of the CEQA Guidelines and §21080.17 of the California Public Resources Code. These sections specify that the adoption of an ordinance regarding ADUs to implement the provisions of Government Code §65852.1 and §65852.2 is exempt from CEQA requirements.

Section 2. The Amendments are consistent with the objectives, principles, and standards of the General Plan and directly respond to the directives set forth in Implementation Program 10.4 of the Housing Element. The Amendments specifically address existing barriers to the Docusign Envelope ID: A4F9C053-A986-43C6-AC21-76320B7C09A1 3 development of accessory dwelling units for multi-family properties, including provisions that allow for the construction of ADUs above existing garages with increased height limits. Additionally, the amendments authorize the development of an additional ADU on single-family residential properties of 13,000 square feet or more, contingent upon one ADU being deed-restricted as a rental unit. The Amendments would serve to expand the City’s housing options, increase the availability of rental units, and help the City meet its statutory obligations under the Regional Housing Needs Assessment (RHNA). By advancing Goal H2, the Amendments diversify the City’s housing stock through the implementation of updated regulations that facilitate the construction of ADUs. The Amendments also uphold Policy H 2.4, which promotes the development of ADUs as a strategic mechanism to increase the availability of affordable housing, particularly for underserved populations such as seniors and caretakers. Further, the Amendments align with Policy LU 2.1, which mandates the preservation of the character and quality of Beverly Hills’ residential neighborhoods. The Amendments ensure that the production of accessory dwelling units is carried out in a manner that is consistent with the existing built environment, preserving the integrity of the community. For these reasons, the Amendments are necessary to protect the public interest, health, safety, morals, peace, comfort, convenience, and general welfare of the City.

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: A4F9C053-A986-43C6-AC21-76320B7C09A1 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: August 22, 2024
Theresa M. Kaplan
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: A4F9C053-A986-43C6-AC21-76320B7C09A1 5 EXHIBIT A
3-14
Docusign Envelope ID: A4F9C053-A986-43C6-AC21-76320B7C09A1 [DRAFT] ORDINANCE NO. 24-O-_______

AN ORDINANCE OF THE CITY OF BEVERLY HILLS

AMENDING ACCESSORY DWELLING UNIT (ADU)

REGULATIONS FOR MULTI-UNIT RESIDENTIAL
PROPERTIES AND ALLOWING ONE ADDITIONAL DEEDRESTRICTED RENTAL ADU ON SINGLE-FAMILY RESIDENTIAL PROPERTIES WITH A LOT AREA OF 13,000

SQUARE FEET OR GREATER, AND MAKING A

DETERMINATION OF EXEMPTION UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, the City of Beverly Hills (“City”) desires to adopt an ordinance amending accessory dwelling unit (ADU) regulations in the Beverly Hills Municipal Code (“BHMC”) in order to execute Implementation Program 10.4 of the Adopted Beverly Hills 2021 - 2029 Housing Element;
WHEREAS, the adoption of this ordinance will contribute to the City’s housing stock and needs, as identified by the Housing Element, by facilitating the production of ADUs, thereby expanding the availability of housing, including rental opportunities and workforce housing, in Beverly Hills;
WHEREAS, Implementation Program 10.4 directs the City to: (1) “Amend zoning code regarding ADUs in multi-family zones to remove barriers to construction of units above existing garages and allow additional height” and (2) “allow an additional ADU by the end of 2024 beyond state law requirements on single-family residential properties that are at least 13,000 square feet in size and deed-restrict at least one ADU on such property as a rental unit”; WHEREAS, the Planning Commission provided direction on amendments to be included in this ordinance during a duly noticed public hearing, as prescribed by law, on August 8, and August 22, 2024, at which time City staff and interested persons had an opportunity to, and did Docusign Envelope ID: A4F9C053-A986-43C6-AC21-76320B7C09A1 testify either in support or against this matter. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission recommended specific amendments to ADU regulations to carry out Implementation Program 10.4, including (1) amending the multi-family ADU standards to increase height and floor area, reducing rear setback requirements in alleys conditions, and establishing a discretionary process to allow multi-family ADUs to deviate from development standards; and by (2) allowing an additional ADU beyond state law requirements on single-family residential properties that are at least 13,000 square feet in size and deed-restrict at least one ADU on such property as a rental unit; WHEREAS, Government Code §66314(c) provides that “accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot”;
WHEREAS, the Planning Commission considered this Ordinance on August 22, 2024, at a duly noticed public hearing, as prescribed by law, at which time City staff and interested persons had an opportunity to and did testify either in support or against this matter. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 2066, recommending approval of the Ordinance by the City Council; 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 Docusign Envelope ID: A4F9C053-A986-43C6-AC21-76320B7C09A1 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:

Housing Element (H)
Implementation Program (Imp.) 10.4 of the Housing Element identifies measures to encourage the provision of ADUs, including:

1. For ADUs built above a garage in multi-family zones, consider allowance for an increase in the permitted height up to the height of the primary residence; and

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

Docusign Envelope ID: A4F9C053-A986-43C6-AC21-76320B7C09A1 Policy H 2.4 (Accessory Dwelling Units): Promotes accessory dwelling units (ADUs) through various programs, including regulatory incentives, as a means of providing lowercost housing options for seniors, caretakers, and others.

Policy H 4.2 (Development Standards): Directs the City to evaluate and modify development standards as appropriate to better facilitate the provision of affordable housing.

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

Policy H 2.10 (Workforce Housing): Encourages the study and development of programs to increase the amount of rental and ownership housing affordable to the local workforce.

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

Docusign Envelope ID: A4F9C053-A986-43C6-AC21-76320B7C09A1 Policy LU 5.1 (Neighborhood Conservation): Maintain the uses, densities, character, amenities, and quality of the City’s residential neighborhoods, recognizing their contribution to the City’s identity, economic value, and quality of life.

Section 2. Paragraph A of Section 10-3-5000 of Article 50 (Accessory Dwelling Units and Junior Accessory Dwelling Units) 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 10-3-5000 remaining in place without amendment:
“A. Building Permit Only Standards: Notwithstanding the use regulations of this chapter, accessory dwelling units and junior accessory dwelling units shall be permitted on any lot zoned residential or mixed-use with an existing single-family dwelling unit, or in conjunction with an application for a proposed single-family structure, provided the proposed accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU) meets the following standards and requirements. Accessory dwelling units and junior accessory dwelling units that meet the standards in this section will be allowed to be constructed with a building permit only.”
Section 3. A new subparagraph a. is hereby added to paragraph A.1. of Section 10-3- 5000 of Article 50 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC such that Paragraph A. 1. shall read as follows, with all other provisions of Section 10-3-5000 remaining in place without amendment:
“1. Number of Accessory Dwelling Units and Junior Accessory Dwelling Units Permitted:

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

Docusign Envelope ID: A4F9C053-A986-43C6-AC21-76320B7C09A1 a. For lots zoned for single-family residential development with a lot area of 13,000 square feet or greater, one additional ADU, an “incentive accessory dwelling unit” (IADU), shall be allowed subject to a building permit, provided that the IADU complies with the following requirements:
1) IADU Type: The IADU may be attached or detached new construction, but shall not be a JADU or conversion ADU.
2) IADU Size: Maximum floor area shall not exceed 800 square feet. 3) IADU floor area shall not count toward maximum floor area for the site. 4) IADU Height: Maximum height limitations set forth in Government Code §66321(b)(4).
5) IADU Setbacks: Minimum of 4-foot side and rear setbacks. 6) IADU Rental Requirement: The IADU shall be rented with the initial and each subsequent rental period being at least one year, without the ability to sublet or use for short term rentals.
7) IADU General Standards: The IADU shall comply with all other applicable development standards and provisions of this article and the municipal code.”
Section 4. Subsection A.6(a) of Section 10-3-5000 of Article 50 (Accessory Dwelling Units and Junior Accessory Dwelling Units) 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 Subsection 10-3-5000 A.6 remaining in place without amendment:
“6. Height:

Docusign Envelope ID: A4F9C053-A986-43C6-AC21-76320B7C09A1 a. Detached Accessory Dwelling Units: A detached accessory dwelling unit shall not exceed a maximum height of:
1) 22 feet in Central Area south of Santa Monica Boulevard; 2) 25 feet in Central Area north of Santa Monica Boulevard; 3) In the Hillside Area and Trousdale Estates, the maximum height shall be in accordance with the height limitations set forth in Government Code §66321(b)(4), as amended from time to time.
4) Notwithstanding the foregoing, a detached accessory dwelling unit of up to two-stories, located within the principal building area on an estate lot of at least twenty four thousand (24,000) square feet in the Central Area shall comply with the maximum height limit applicable to the primary dwelling structure on the site.”
Section 5. Subsection A.7 of Section 10-3-5000 of Article 50 (Accessory Dwelling Units and Junior Accessory Dwelling Units) 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 Subsection 10-3-5000 A. remaining in place without amendment:
“7. Owner Occupancy, Rental, and Transfer:
a. An accessory dwelling unit or junior accessory dwelling unit may be rented, but shall not be sold, transferred or assigned separately from the primary single-family dwelling, except as provided in Government Code §66341.

Docusign Envelope ID: A4F9C053-A986-43C6-AC21-76320B7C09A1 b. An accessory dwelling unit or junior accessory dwelling unit shall not be rented for a rental term of less than 30 consecutive days. An incentive accessory dwelling unit shall not be rented for a rental term of less than one consecutive year. c. The owner of a property with a junior accessory dwelling unit shall reside in one of the dwelling units on the property. This owner-occupancy requirement shall not apply to a junior accessory dwelling unit owned by a governmental agency, land trust, or housing organization.”
Section 6. Subsection A.14 of Section 10-3-5000 of Article 50 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“14. Covenant Required:
a. Accessory Dwelling Units: Within 30 days of the issuance of building permit for an accessory dwelling unit pursuant to this article, the owner of record shall record a covenant, in a form satisfactory to the city attorney, which shall place future buyers on notice of the maximum size of the accessory dwelling unit as set forth in the approved plans, the required amount of off street parking, if any, to be provided for the accessory dwelling unit, that the accessory dwelling unit may not be sold, transferred or assigned separately from the primary dwelling unit except as provided in Government Code §66341 that the accessory dwelling unit shall not be rented for a rental period shorter than 30 days, and that such restrictions shall run with the land and be binding upon all future owners. The covenant shall be recorded Docusign Envelope ID: A4F9C053-A986-43C6-AC21-76320B7C09A1 in the official records of the county of Los Angeles, and a copy of the covenant shall be filed with the office of the city clerk.
b. Junior Accessory Dwelling Units: Within 30 days of the issuance of building permit for a junior accessory dwelling unit, the owner of record shall record a covenant, in a form satisfactory to the city attorney, which shall place future buyers on notice of the maximum size of the junior accessory dwelling unit as set forth in the approved plans, the required amount of off street parking, if any, to be provided for the junior accessory dwelling unit, that the junior accessory dwelling unit may not be sold, transferred or assigned separately from the primary dwelling unit, that the junior accessory dwelling unit shall not be rented for a rental period shorter than 30 days, that the owner of the property must reside either in the primary dwelling or the junior accessory dwelling unit unless the owner is a governmental agency, land trust, or housing organization, and that such restrictions shall run with the land and be binding upon all future owners. The covenant shall be recorded in the official records of the county of Los Angeles, and a copy of the covenant shall be filed with the office of the city clerk.
c. Incentive Accessory Dwelling Units: Within 30 days of the issuance of building permit for an incentive accessory dwelling unit pursuant to this article, the owner of record shall record a covenant, in a form satisfactory to the city attorney, which shall place future buyers on notice of the maximum size of the incentive accessory dwelling unit as set forth in the approved plans, the required amount of off street parking, if any, to be provided for the accessory dwelling unit, that the incentive accessory dwelling unit may not be sold, transferred or assigned separately from Docusign Envelope ID: A4F9C053-A986-43C6-AC21-76320B7C09A1 the primary dwelling unit, that one accessory dwelling unit on-site shall not be owner occupied, and shall be rented with the initial and each subsequent rental period being at least one year, without the ability to sublet or use for short term rentals, and that such restrictions shall run with the land and be binding upon all future owners. The deed-restricted rental accessory dwelling unit need not be the incentive accessory dwelling unit. The covenant shall also include the City’s right to inspect the site and/or accessory dwelling unit(s) with appropriate notice and required record keeping by the owner of rental agreements, tenant information, and rental periods, which must be made accessible to the City upon request. The covenant shall be recorded in the official records of the county of Los Angeles, and a copy of the covenant shall be filed with the office of the city clerk.” Section 7. Paragraph B. of Section 10-3-5000 of Article 50 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“B. Minor Accommodation: Any proposed ADU that does not conform to the below objective standards set forth in this Section 10-3-5000 may be permitted by the City with the approval of a minor accommodation permit, in accordance with Section 10- 3-3600. U. A minor accommodation permit may not be granted for junior accessory dwelling units or incentive accessory dwelling units.

1. Exceptions: Approval of a minor accommodation for a proposed ADU shall not allow:
a. Rooftop decks.

Docusign Envelope ID: A4F9C053-A986-43C6-AC21-76320B7C09A1 b. Height in excess of the underlying zoning district applicable to the primary building.
c. Floor area in excess of the underlying zoning district. d. Deviation from building or life safety codes.

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

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

4. Required Findings for Discretionary Approval: The director of community development or Planning Commission may approve or conditionally approve a minor accommodation for an ADU subject to the following findings. a. Compatibility: The requested accommodation will be compatible with the scale and massing of the streetscape and existing development in the neighborhood;
Docusign Envelope ID: A4F9C053-A986-43C6-AC21-76320B7C09A1 b. No Adverse Impact or Detriment: The granting of the accommodation would not have a substantial adverse impact on or be detrimental to neighbors' access to light and air, neighbors’ privacy, adjacent properties, the garden quality of the city, or public welfare. (1) Specific Finding for Height Increases: In making a determination to increase height, the planning commission must look at such factors including, but not limited to, the impact of the accessory dwelling unit on the scale and massing as viewed from adjacent properties, the impact of the accessory dwelling unit on available light in neighboring yards, and the cumulative impact to adjacent properties from the proposed accessory dwelling unit in combination with existing accessory structures and accessory dwelling units in the vicinity.” Section 8. Subsection A.4(a) of Section 10-3-5001 of Article 50 (Accessory Dwelling Units and Junior Accessory Dwelling Units) 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 Subsection 10-3-5001 A.4 remaining in place without amendment:
“4. Unit Size:
a. Attached or Detached Accessory Dwelling Units: An attached or detached accessory dwelling unit shall not be less than the minimum size for an efficiency unit, as defined in section 17958.1 of the California Health and Safety Code or any successor statute and shall not exceed a maximum size of 1,200 square feet.” Docusign Envelope ID: A4F9C053-A986-43C6-AC21-76320B7C09A1 Section 9. Subsection A.8(a) of Section 10-3-5001 of Article 50 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC to read as follows, with all other provisions of Subsection 10-3-5001 A.8 remaining in place without amendment:
“8. Height:
a. Detached accessory dwelling units shall not exceed a height of 24 feet. ” Section 10. Subsection A.9 (Setbacks) of Section 10-3-5001 of Article 50 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“9. Setbacks.
a. Attached accessory dwelling units shall have side and rear setbacks of no less than four feet.
b. Detached accessory dwelling units shall have side and rear setbacks of no less than four feet, except that no minimum side or rear setback is required for the portion of an accessory dwelling unit that abuts an alley.
c. For conversion of existing livable or non-livable space or garage no additional setback is required, beyond the existing provided setback. d. For replacement of an existing enclosed structure or garage, no existing setback is required, beyond the existing setback provided. This provision shall only apply to ADUs that are replacing existing structures within the same footprint of the existing structure and do not exceed the existing structure size and/or height. However, replacement of the following accessory structures shall follow all applicable development standards for detached accessory dwelling units per section 10-3- Docusign Envelope ID: A4F9C053-A986-43C6-AC21-76320B7C09A1 5001: unenclosed accessory buildings or unenclosed accessory structures, such as patios, gazebos, breezeways, carports, porte cocheres, or similar structures. e. Separation: Newly constructed ADUs shall be located no closer than 6 feet to any other building on the same site area, unless such separation would preclude the construction of an 800 square foot ADU pursuant to subsection A.4.b. of this section.”
Section 11. Subsection A.17 (Porches and Decks) of Section 10-3-5001 of Article 50 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“17. Porches and Decks:
a. No accessory dwelling unit shall have a porch or deck located more than three feet (3') above the finished grade.
b. Rooftop decks shall not be permitted for accessory dwelling units. c. Internal-facing balconies are permitted subject to the following requirements:
i. An internal-facing balcony is defined as a balcony that is directed toward the interior of the property, such as toward a courtyard or a structure on the same property, and shall not directly face a property line, public right-ofway, or neighboring residential structure. ii. No portion of an internal-facing balcony shall extend beyond the footprint of the first floor of the ADU.
iii. The total area of all internal-facing balconies associated with the ADU shall not exceed 15 percent of the floor area of the proposed ADU.

Docusign Envelope ID: A4F9C053-A986-43C6-AC21-76320B7C09A1 iv. For purposes of this section, an internal-facing balcony does not include portions of stairs and landing areas that provide required external access to the ADU, provided they are the minimum size required by the applicable building code.”
Section 12. A new Section B is hereby added to Section 10-3-5001 of Article 50 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC to read as follows:
“B. R-4 Permit: In order to allow flexibility in the development of ADUs in areas zoned R-4, while ensuring such units do not adversely impact neighbors or the community, an applicant for any proposed ADU may seek approval to deviate from the objective standards set forth in this Section 10-3-5001 by applying for an R-4 permit pursuant to article 28.5 of this chapter, in accordance with Section 10-3-2850.J.

Docusign Envelope ID: A4F9C053-A986-43C6-AC21-76320B7C09A1

4. Required Findings for Discretionary Approval: The Director of Community Development or Planning Commission shall approve or conditionally approve an R-4 Permit for an ADU that deviates from the otherwise applicable objective standards, if it makes the following findings.
a. Compatibility: The proposed ADU will be compatible with the scale and massing of the streetscape and existing development in the neighborhood; and b. No Adverse Impact or Detriment: The proposed ADU would not have a substantial adverse impact on or be detrimental to neighbors' access to light and air, neighbors’ privacy, adjacent properties, the garden quality of the city, or public welfare.” Section 13. A new Subsection J is hereby added to Section 10-3-2850 (R-4 Permits That May Be Granted) of Article 28.5 (R-4 Permits) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code to read as follows, with all other provisions in Section 10-3-2850 remaining in effect without amendment:
“J. Section 10-3-5001 regarding multi-family accessory dwelling unit development standards.”
Docusign Envelope ID: A4F9C053-A986-43C6-AC21-76320B7C09A1 Section 14. CEQA. The City Council finds and determines that this Ordinance is within the scope of and consistent with the Addendum to the Mitigated Negative Declaration for the Amendments to the Adopted 2021- 2029 City of Beverly Hills Housing Element (State Clearinghouse No. 2021090102), which was adopted by the City Council on March 18, 2024 and certified by the State Department of Housing and Community Development on May 1, 2024.

Section 17. Publication. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage in accordance with Section 36933 of the Government Code, shall certify to the adoption of this Ordinance, and shall cause this Ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City.

Docusign Envelope ID: A4F9C053-A986-43C6-AC21-76320B7C09A1 Section 18. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage. The City Clerk is directed to certify to the enactment of this Ordinance and to cause this Ordinance to be published and/or posted as required by law.

Adopted:

Effective:
____________________________
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
Docusign Envelope ID: A4F9C053-A986-43C6-AC21-76320B7C09A1

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. 2066 duly passed, approved and adopted by the Planning Commission of said City at a meeting of said Commission on August 22, 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, Ross, Demeter, Vice Chair Wolfe, Chair Kaplan
NOES: None
ABSTAIN: None
ABSENT: None
________________________________

KAREN MYRON
Recording Secretary of the
Planning Commission
City of Beverly Hills, California
Docusign Envelope ID: A4F9C053-A986-43C6-AC21-76320B7C09A1 Certificate Of Completion
Envelope Id: A4F9C053A98643C6AC2176320B7C09A1 Status: Completed Subject: Complete with Docusign: PC Reso 2066 - ADU Regulations.pdf Source Envelope:

Document Pages: 24 Signatures: 5 Envelope Originator:

Certificate Pages: 2 Initials: 0 Karen Myron
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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
9/16/2024 5:31:49 PM
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[email protected]
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Signer Events Signature Timestamp
Theresa M. Kaplan
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David M. Snow
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Masa Alkire
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Karen Myron
[email protected]

COMM DEV COMMISSION SPECIALIST,

CD-PLANNING
City of Beverly Hills
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Envelope Sent Hashed/Encrypted 9/16/2024 5:35:07 PM
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Payment Events Status Timestamps
Attachment 3
Summary of Current ADU Regulations
Summary of City’s Current ADU Regulations
BHMC §§10-3-5000 (Single-Family) and 10-3-5001 (Multi-Family) Standard Requirement
Maximum
Number of
Units
Single-Family:
• One ADU (conversion, attached or detached) AND one junior accessory dwelling unit (JADU) Multi-Family:
• One attached or conversion using livable space; OR
• Up to two detached ADUs AND up at least one non-habitable conversion up to 25% of the existing multi-dwelling units using non-livable space (e.g., storage rooms, garages boiler rooms, passageways, attics, etc.)
Maximum Floor
Area
Single Family:
• JADU: 500 SF
• Attached / Detached:
 Central Area south of Santa Monica Blvd: 1,200 SF
 Central Area north of Santa Monica Blvd; Hillside Area: 1,400 SF  Trousdale Estates: 850 SF for 1 bedroom or 1,000 SF for 2+ bedrooms Multi-Family:
• Attached / Detached: 850 SF for 1 bedroom or 1,000 SF for 2+ bedrooms Setbacks Single-Family:
• Attached / Detached: 4 FT side/rear. No minimum side/rear required for portion of an ADU abutting an alley
Multi-Family:
• Attached / Detached: 4 FT side/rear
Height Single-Family:
• Detached
 Central Area South of Santa Monica Blvd (Single-Family): 22 FT  Central Area North of Santa Monica Blvd (Single-Family): 25 FT  Trousdale Estates and Hillside Area: 16 – 20 FT
• Attached; or Detached on Estate Lots:
 Same height limits of underling zoning for primary dwelling Multi-Family:
• Detached: 16 – 20 FT
• Attached: Same height limits of underling zoning for primary dwelling Required
Parking
Attached or Detached:
• One parking space; or no spaces if exception under state law applies Unit
Specifications
ADUs:
• Must have independent and separate access from main residence; no interior access to the main residence is permitted
• Independent eating and cooking facilities, including, but not limited to, a full kitchen with sink, refrigerator, and a fixed cooking appliance with outside exhaust • Independent sanitation facilities including, but not limited to, a sink, toilet and a shower and/or bathtub must be provided
JADUs:
• Must have independent and separate access from main residence; interior access to the main residence is permitted if sharing sanitation facilities with the main residence • Must include, at minimum, an efficiency kitchen containing (1) a cooking facility with kitchen appliances and (2) a food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU
Attachment 4
Redline Changes to Existing ADU
Regulations in BHMC
ARTICLE 50. ACCESSORY DWELLING UNITS AND JUNIOR

ACCESSORY DWELLING UNITS
10-3-5000: BUILDING PERMIT ONLY ACCESSORY DWELLING UNITS AND

JUNIOR ACCESSORY DWELLING UNITS ON LOTS WITH SINGLE FAMILY DWELLINGS:

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

1. Number of Accessory Dwelling Units and Junior Accessory Dwelling Units Permitted: One accessory dwelling unit and one junior accessory dwelling unit are allowed on any lot zoned for residential or mixed-use with an existing or proposed single-family dwelling.
a. For lots zoned for single-family residential development with a lot area of 13,000 square feet or greater, one additional ADU, an “incentive accessory dwelling unit” (IADU), shall be allowed subject to a building permit, provided that the IADU complies with the following requirements:
(1) IADU Type: The IADU may be attached or detached new construction, but shall not be a JADU or conversion ADU.
(2) IADU Size: Maximum floor area shall not exceed 800 square feet. (3) IADU floor area shall not count toward maximum floor area for the site. (4) IADU Height: Maximum height limitations set forth in Government Code Section 66321(b)(4).
(5) IADU Setbacks: Minimum of 4-foot side and rear setbacks. (6) IADU Rental Requirement: The IADU shall be rented with the initial and each subsequent rental period being at least one year, without the ability to sublet or use for short term rentals.
(7) IADU General Standards: The IADU shall comply with all other applicable development standards and provisions of this article and the municipal code.

2. Location: Detached accessory dwelling units must be located to the rear of the primary dwelling unit on the site. Attached accessory dwelling units must be contained entirely within or attached to an existing or newly proposed and constructed singlefamily structure. Junior accessory dwelling units must be located in a single-family zone, contained entirely within an existing or proposed and constructed single-family structure, including enclosed structures such as attached garages. JADUs are prohibited in detached garages and accessory structures.

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

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

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

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

6. Height:
a. Detached Accessory Dwelling Units: A detached accessory dwelling unit shall not exceed a maximum height of:
(1) 22 feet in Central Area south of Santa Monica Boulevard; (2) 25 feet in Central Area north of Santa Monica Boulevard; (3) In the Hillside Area and Trousdale Estates, the maximum height shall be in accordance with the height limitations set forth in Government Code §66321(b)(4), as amended from time to time.
(4) Notwithstanding the foregoing, a detached accessory dwelling unit of up to two-stories, located within the principal building area on an estate lot of at least twenty four thousand (24,000) square feet in the Central Area shall comply with the maximum height limit applicable to the primary dwelling structure on the site. b. Attached Accessory Dwelling Units and Junior Accessory Dwelling Units: An attached accessory dwelling unit or junior accessory dwelling unit shall be subject to the same height limitations applicable to the primary dwelling on the site.

7. Owner Occupancy, Rental, and Transfer:
a. An accessory dwelling unit or junior accessory dwelling unit may be rented, but shall not be sold, transferred or assigned separately from the primary single-family dwelling, except as provided in Government Code §66341. b. An accessory dwelling unit or junior accessory dwelling unit shall not be rented for a rental term of less than 30 consecutive days. An incentive accessory dwelling unit shall not be rented for a rental term of less than one consecutive year. c. The owner of a property with a junior accessory dwelling unit shall reside in one of the dwelling units on the property. This owner-occupancy requirement shall not apply to a junior accessory dwelling unit owned by a governmental agency, land trust, or housing organization.

8. Parking:
a. One parking space shall be required for each accessory dwelling unit on a site. However, no parking shall be required for any accessory dwelling unit in any of the following circumstances:
(1) It is located within one-half (½) mile walking distance of public transit. (2) It is located within a historic district or on a property listed in a Register of Historic Resources (local, state, or national).
(3) It is part of the proposed primary dwelling or converted from the existing space of a primary dwelling or existing accessory structure. (4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(5) When there is a City-approved and dedicated parking space for a car share vehicle located within one block of the accessory dwelling unit. b. Any required parking for an accessory dwelling unit may be provided as tandem parking on an existing driveway, including driveway areas within setback areas. c. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit constructed pursuant to the requirements of this section, the off-street parking spaces lost as a result of the demolition are not required to be replaced. For an accessory dwelling unit that will replace a detached garage, the building and demolition permits shall be reviewed and issued concurrently.
d. No parking is required for a junior accessory dwelling unit.

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

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

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

12. Required Features: Accessory dwelling units must provide complete, independent living facilities for sleeping, sanitation, and cooking. Junior Accessory dwelling units may have separate sanitation facilities, or may share sanitation facilities with the existing structure. A junior accessory dwelling unit must include, at minimum, an efficiency kitchen containing (1) a cooking facility with kitchen appliances and (2) a food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

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

14. Covenant Required:
a. Accessory Dwelling Unit: Within 30 days of the issuance of building permit for an accessory dwelling unit pursuant to this article, the owner of record shall record a covenant, in a form satisfactory to the city attorney, which shall place future buyers on notice of the maximum size of the accessory dwelling unit as set forth in the approved plans, the required amount of off street parking, if any, to be provided for the accessory dwelling unit, that the accessory dwelling unit may not be sold, transferred or assigned separately from the primary dwelling unit except as provided in Government Code Government Code §66341, that the accessory dwelling unit shall not be rented for a rental period shorter than 30 days, and that such restrictions shall run with the land and be binding upon all future owners. The covenant shall be recorded in the official records of the county of Los Angeles, and a copy of the covenant shall be filed with the office of the city clerk.
b. Junior Accessory Dwelling Unit: Within 30 days of the issuance of building permit for a junior accessory dwelling unit, the owner of record shall record a covenant, in a form satisfactory to the city attorney, which shall place future buyers on notice of the maximum size of the junior accessory dwelling unit as set forth in the approved plans, the required amount of off street parking, if any, to be provided for the junior accessory dwelling unit, that the junior accessory dwelling unit may not be sold, transferred or assigned separately from the primary dwelling unit, that the junior accessory dwelling unit shall not be rented for a rental period shorter than 30 days, that the owner of the property must reside either in the primary dwelling or the junior accessory dwelling unit unless the owner is a governmental agency, land trust, or housing organization, and that such restrictions shall run with the land and be binding upon all future owners. The covenant shall be recorded in the official records of the county of Los Angeles, and a copy of the covenant shall be filed with the office of the city clerk.
c. Incentive Accessory Dwelling Units: Within 30 days of the issuance of building permit for an incentive accessory dwelling unit pursuant to this article, the owner of record shall record a covenant, in a form satisfactory to the city attorney, which shall place future buyers on notice of the maximum size of the incentive accessory dwelling unit as set forth in the approved plans, the required amount of off street parking, if any, to be provided for the accessory dwelling unit, that the incentive accessory dwelling unit may not be sold, transferred or assigned separately from the primary dwelling unit, that one accessory dwelling unit on-site shall not be owner occupied, and shall be rented with the initial and each subsequent rental period being at least one year, without the ability to sublet or use for short term rentals, and that such restrictions shall run with the land and be binding upon all future owners. The deed-restricted rental accessory dwelling unit need not be the incentive accessory dwelling unit. The covenant shall also include the City’s right to inspect the site and/or accessory dwelling unit(s) with appropriate notice and required record keeping by the owner of rental agreements, tenant information, and rental periods, which must be made accessible to the City upon request. The covenant shall be recorded in the official records of the county of Los Angeles, and a copy of the covenant shall be filed with the office of the city clerk.

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

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

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

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

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

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

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

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

U. A minor accommodation permit may not be granted for junior accessory dwelling units or incentive accessory dwelling units.

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

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

3. Referral to the Planning Commission: If, in the opinion of the Ddirector of Ccommunity Ddevelopment, an application merits review by the Pplanning Ccommission, the Ddirector may refer such application to the Pplanning Ccommission, and the Pplanning Ccommission shall serve as the reviewing authority and shall conduct a noticed public hearing regarding the requested minor accommodation.

4. Required Findings for Discretionary Approval: The Ddirector of Ccommunity Ddevelopment or Planning Commission may approve or conditionally approve a minor accommodation for an ADU subject to the following findings. a. Compatibility: The requested accommodation will be compatible with the scale and massing of the streetscape and existing development in the neighborhood; b. No Adverse Impact or Detriment: The granting of the accommodation would not have a substantial adverse impact on or be detrimental to neighbors' access to light and air, neighbors' privacy, adjacent properties, the garden quality of the city, or public welfare.
(1) Specific Finding for Height Increases: In making a determination to increase height, the planning commission must look at such factors including, but not limited to, the impact of the accessory dwelling unit on the scale and massing as viewed from adjacent properties, the impact of the accessory dwelling unit on available light in neighboring yards, and the cumulative impact to adjacent properties from the proposed accessory dwelling unit in combination with existing accessory structures and accessory dwelling units in the vicinity. (Ord. 24-O-2892, eff. 4-18-2024) 10-3-5001: ACCESSORY DWELLING UNITS ON LOTS WITH MULTIPLE FAMILY DWELLINGS:

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

Accessory dwelling units that meet the standards in this section are permitted to be constructed with a building permit only.

1. Number of Accessory Dwelling Units Allowed:
a. Detached Accessory Dwelling Units: No more than two detached accessory dwelling units are allowed on a lot that has an existing or proposed multi-family dwelling.

The detached accessory dwelling units may be newly constructed or converted from existing detached accessory structures. The two detached accessory dwelling units may be attached to one another; and
b. Conversion of Existing Non-Livable Multi-family Building Space to Accessory Dwelling Units: Portions of existing multi-family dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages may be converted to accessory dwelling units. Areas used for commercial or other activities that are intended for regular occupancy such as leasing offices, community rooms, or amenity spaces are not eligible for conversion. At least one conversion unit from non-livable space is allowed to be created on each site and the maximum number of units allowed shall not exceed 25 percent of the existing units on the site. For the purposes of calculating the number of allowable ADUs converted from non-livable space, the following shall apply:
(1) Previously approved ADUs shall not count towards the number of existing multi-family dwellings; and
(2) Fractions shall be rounded down to the next lower number of dwelling units, except that at least one ADU shall be allowed.
c. As an alternative to subsections 1a and 1b, one attached or livable area conversion accessory dwelling unit is allowed on a lot that has an existing or proposed multi-family dwelling.

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

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

If an accessory dwelling unit is within the proposed space of a multi-family dwelling or existing space of a multi-family dwelling or accessory structure, the accessory dwelling unit shall not exceed the size of the existing space to be converted. If required for ingress and egress, conversion of an existing accessory structure may add up to 150 square feet beyond the physical dimensions of the existing structure. Conversion or replacement of unenclosed accessory buildings or unenclosed accessory structures, such as patios, gazebos, breezeways, carports, porte cocheres, or similar structures shall not be allowed, however, shall comply with all applicable development standards for a new detached accessory dwelling units pursuant to section 10-3-5001 of this article.

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

However, no parking shall be required for any accessory dwelling unit in any of the following circumstances:
(1) It is located within one-half (½) mile walking distance to public transit. (2) It is located within a historic district or on a property listed in a Register of Historic Resources (local, state, or national).
(3) It is part of the proposed primary dwelling or converted from the existing space of a primary dwelling or existing accessory structure. (4) When on street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(5) When there is a City-approved and dedicated parking space for a car share vehicle located within one block of the accessory dwelling unit. b. Any required parking for an accessory dwelling unit may be provided as tandem parking on an existing driveway, including driveway areas within setback areas.

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

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

8. Height:
a. Detached accessory dwelling units shall not exceed a height of 16 24 feet. Up to 18 feet in height may be allowed if the detached accessory dwelling unit is:
(1) On a lot with a multistory dwelling; or
(2) Located within one-half (½) mile walking distance of public transit. An additional two feet in height (up to 20 feet) is allowed only to accommodate a roof pitch that aligns with the primary multi-family dwelling.
b. Attached accessory dwelling units shall be subject to the same height limitations applicable to the primary dwelling structure on the site.

9. Setbacks.
a. Attached and detached accessory dwelling units shall have side and rear setbacks of no less than four feet.
b. Detached accessory dwelling units shall have side and rear setbacks of no less than four feet, except that no minimum side or rear setback is required for the portion of an accessory dwelling unit that abuts an alley.For conversion of existing livable or non-livable space or garage no additional setback is required, beyond the existing provided setback.
b.c. For conversion of existing livable or non-livable space or garage no additional setback is required, beyond the existing provided setback. c.d. For replacement of an existing enclosed structure or garage, no existing setback is required, beyond the existing setback provided. This provision shall only apply to ADUs that are replacing existing structures within the same footprint of the existing structure and do not exceed the existing structure size and/or height. However, replacement of the following accessory structures shall follow all applicable development standards for detached accessory dwelling units per section 10-3-5001:
unenclosed accessory buildings or unenclosed accessory structures, such as patios, gazebos, breezeways, carports, porte cocheres, or similar structures. e. Separation: Newly constructed ADUs shall be located no closer than 6 feet to any other building on the same site area, unless such separation would preclude the construction of an 800 square foot ADU pursuant to subsection A.4.b. of this section.

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

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

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

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

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

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

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

17. Porches and Decks:
a. No accessory dwelling unit shall have a porch or deck located more than three feet (3') above the finished grade.
b. Rooftop decks shall not be permitted for accessory dwelling units. c. Internal-facing balconies are permitted subject to the following requirements:
i. An internal-facing balcony is defined as a balcony that is directed toward the interior of the property, such as toward a courtyard or a structure on the same property, and shall not directly face a property line, public right-of-way, or neighboring residential structure. ii. No portion of an internal-facing balcony shall extend beyond the footprint of the first floor of the ADU.
iii. The total area of all internal-facing balconies associated with the ADU shall not exceed 15 percent of the floor area of the proposed ADU. iv. For purposes of this section, an internal-facing balcony does not include portions of stairs and landing areas that provide required external access to the ADU, provided they are the minimum size required by the applicable building code.

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

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

B. R-4 Permit: In order to allow flexibility in the development of ADUs in areas zoned R4, while ensuring such units do not adversely impact neighbors or the community, an applicant for any proposed ADU may seek approval to deviate from the objective standards set forth in this Section 10-3-5001 by applying for an R-4 permit pursuant to article 28.5 of this chapter, in accordance with Section 10-3-2850.J.

Attachment 5
Approximate Map of Single-Family
Properties ≥ 13,000 Square Feet

APPROXIMATE MAP OF SINGLE-FAMILY
PARCELS 13,000 SQUARE FEET OR GREATER
≥13,000 SF Single-Family Parcel
Proposed Additional ADU
Per Housing Element
<13,000 SF Single-Family Parcel
Non-Single-Family Parcel
LEGEND
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 - Planning Division 455 N. Rexford Dr. Beverly Hills, CA 90210
July 15, 2024
Hillside
Trousdale Estates
Central Area
Attachment 6
Comparison of Standard ADU Vs.

Incentive ADU (IADU)

COMPARISON OF STANDARD AND INCENTIVE ADUS

ATTACHED & DETACHED
Topic Standard ADU Incentive ADU
Approval Process Building permit only (no discretionary review) Number Allowed One ADU and one JADU per
single-family property
Same as standard ADU, plus one
additional ADU for single-family
properties ≥13,000 square feet
Type JADU; and attached, detached,
or conversion
Attached or detached
Development
Standards
Per BHMC1
• Height: 16 to 24 feet*
• Floor Area: 800 to 1,400
square feet maximum*
• Setbacks: 4-foot side and
rear setbacks2
*varies by neighborhood area
State minimum requirements
• Height: 16 to 20 feet3
(detached); up to the height
underlying zones allows for
main residence (attached)
• Floor Area: 800 square
feet maximum
• Setbacks: 4-foot side and
rear setbacks
Rental
Requirement
Not required, but ADU/JADU
may be rented for 30 days or
longer
Required for one ADU; each
rental term must be at least one
year
Deed Restriction Required; certifying:
o ADU description and
size, prohibition on
short term rentals,
o Prohibition on
separate sale of the

ADU/JADU,
o Owner-occupancy
requirement for JADU
Same as standard ADU, including
additional possible
requirements:
o Specify which ADU will
be rented
o Records for rental
agreements, tenant
information;
o Compliance with City
inspections
1 See the City’s full single-family ADU regulations in BHMC §10-3-5000. 2 A 0-foot side/rear setback is permitted for the portion of ADU abutting an alley. 3 A detached height of 16 feet is the maximum for an ADU. A height of 18 feet is allowed if the detached ADU is located on a lot with an existing or proposed single-family within ½ mile walking distance to a major transit stop of high-quality transit corridor. In such cases, an additional two feet in height (up to 20 feet) permitted is when needed to accommodate a roof pitch that aligns with the main residence.

Attachment 7
Applicable General Plan Goals and
Policies
City Council Report
ADU Update Ordinance
November 7, 2024
GENERAL PLAN GOALS AND POLICIES1
The General Plan includes numerous goals and policies intended to help guide development in the City. Some of the policies relevant to the City Council’s review of the possible changes to ADU regulations include the following:

Housing (H) Element – Goals and Policies
• Implementation Program (Imp.) 10.4 of the Housing Plan identifies the following measures to encourage the provision of ADUs, which are satisfied by the draft ordinance:
o For ADUs built above a garage in single-family zones, consider allowance for an increase in the permitted height up to the height of the primary residence;
o Adopt an ordinance by the end of 2024 to allow an additional ADU beyond state law requirements on single-family residential properties that are at least 13,000 square feet in size and deed-restrict at least one ADU on such property as a rental unit
• Goal H 2 – Housing Supply and Diversity. Provide a variety of housing types and adequate affordable housing supply to meet the existing and future needs of the community.
• Policy H 2.4 – Accessory Dwelling Units. Promote accessory dwelling units (ADUs) through various programs, including regulatory incentives, as a means of providing lower-cost housing options for seniors, caretakers, and others. • Policy H 2.5 – Adaptive Reuse. Support innovative strategies for the adaptive reuse of residential and commercial structures to provide for a wide range of housing types.
• Policy H 2.10 – Workforce Housing. Study and develop programs to increase the amount of rental and ownership housing affordable to the local workforce. • Policy H 4.3 – Development Standards. Evaluate and modify development standards as appropriate to better facilitate the provision of affordable housing. 1 The General Plan is available online at beverlyhills.org/departments/communitydevelopment/longrangeplanning/generalplan/ City Council Report
ADU Update Ordinance
November 7, 2024
Land Use (LU) Element – Goals and Policies
• Goal LU 2 - Community Character and Quality. A built environment that is distinguished by its high level of site planning, architecture, landscape design, and sensitivity to its natural setting and history.
• Policy LU 2.1 - City Places: Neighborhoods, Districts, and Corridors. Maintain and enhance the character, distribution, built form, scale, and aesthetic qualities of the City’s distinctive residential neighborhoods, business districts, corridors, and open spaces.
• Policy LU 3.2 - Fair Share of Regional Housing Needs. Help the City meet State requirements to accommodate the City's fair share of regional housing needs, contingent upon the ability to maintain the qualities that distinguish and contribute to the livability of the City and not unduly burden the City's fiscal resources. • Policy LU 5.1 - Neighborhood Conservation. Maintain the uses, densities, character, amenities, and quality of the City’s residential neighborhoods, recognizing their contribution to the City’s identity, economic value, and quality of life.
• Policy LU 5.7 - Neighborhood Transitions. Regulate the setback, rear elevation design of buildings, and landscaping of backyards where neighborhoods of differing housing type and density abut to assure smooth transitions in scale, form, and character.
• Goal LU 6 - Single-Family Residential Neighborhoods. Maintenance of the identity, scale, and character of the distinct single-family residential neighborhoods. • Policy LU 6.1 - Neighborhood Identity. Maintain the characteristics that distinguish the City’s single-family neighborhoods from one another in such terms as topography, lot size, housing scale and form, and public streetscapes. • Policy LU 6.2 - Housing Character and Design. Require that new, renovated, and additions to housing to be located and designed to maintain the distinguishing characteristics and qualities of the neighborhoods in which they are located, including prevailing lot sizes, building form, scale, massing, relationship to street frontages, architectural design, landscaping, property setbacks, and other comparable elements.

Beverly Hills City CouncilNovember 7, 2024

Beverly Hills City Council
November 7, 2024