Item F-1 Agenda Report — Beverly Hills City Council, November 19, 2024

AGENDA REPORT
Meeting Date: November 19, 2024
Item Number:

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

BEVERLY HILLS MUNICIPAL CODE REGULATIONS FOR
EMERGENCY SHELTERS; FAMILY, SINGLE HOUSEKEEPING UNITS
AND SINGLE-FAMILY RESIDENCES; COMMUNITY CARE
FACILITIES; TRANSITIONAL OR SUPPORTIVE HOUSING;

REPLACEMENT UNITS FOR PARCELS IN THE SITES INVENTORY

OF THE HOUSING ELEMENT, AND MAKING A DETERMINATION OF

EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY

ACT (CEQA)
Attachments: 1. Draft Ordinance

2. Redline BHMC Sections

3. Planning Commission Resolution No. 2073

4. Special Needs Housing Overlay Zone Map

5. General Plan Goals and Policies

RECOMMENDATION
Staff recommends the City Council:

1. Introduce ordinance: Waive full reading and introduce by title only the ordinance entitled “AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING

BEVERLY HILLS MUNICIPAL CODE REGULATIONS FOR EMERGENCY
SHELTERS; FAMILY, SINGLE HOUSEKEEPING UNITS AND SINGLE-FAMILY RESIDENCES; COMMUNITY CARE FACILITIES; TRANSITIONAL OR
SUPPORTIVE HOUSING; REPLACEMENT UNITS FOR PARCELS IN THE

SITES INVENTORY OF THE HOUSING ELEMENT, AND MAKING A
Meeting Date: November 19, 2024

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

INTRODUCTION
The adopted 2021-2029 Housing Element sets forth policies to help guide future development of the City, and plan for housing of all types and affordability levels to accommodate projected population growth, as well as address a variety of state law requirements related to housing to serve specific populations. As part of the update to the 2021-2029 Housing Element, the state Department of Housing and Community Development (“HCD”) executed state law by requiring jurisdictions to add various implementation programs that align with state law requirements for this type of housing.

The intent of these programs is generally to ensure that housing to serve special needs populations or persons with disabilities can be established, and to remove certain restrictions that would act as a constraint to their establishment. As a result, the Housing Element includes several implementation programs to address state law requirements related to specific types of housing, as follows:

Imp. 11.7: Adopt regulations in compliance with state law and establish a program to implement the regulations within one year of adoption1 of the Housing Element. • Amend the emergency shelter development standards and the definition of shelter. The amendments will identify a zone(s) that allows residential sufficient capacity without discretionary review to meet the need for emergency shelters, including proximity to transportation and homeless shelters and appropriate development standards, which include but are not

1 The version of the 2021-2029 Housing Element that was certified by HCD was adopted on March 18, 2024. Therefore, the actions outlined in Imp. 11.7 must be completed by the deadline of March 18, 2025.

Meeting Date: November 19, 2024

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limited to parking requirements, pursuant to Government Code §65583(a)(4)(A)(2).

Staff has prepared the draft ordinance to address the various requirements in the above implementation programs, some of which require that these updates occur by the end of 2024.

DISCUSSION
The following sections provide information by topic that may help inform the discussion regarding the draft ordinance. The sections outline any existing regulations in the BHMC and the proposed changes or additional regulations included in the draft ordinance. The draft ordinance includes the following items in order to implement the above cited Housing Element implementation measures:
1) Update Emergency Shelter Regulations
2) Add BHMC references to State Law Replacement Housing Requirements 3) Update the BHMC Definition of Family
4) Update Transitional and Supportive Housing Regulations 5) Revise Residential Care Facility Regulations
1) Update Emergency Shelter Regulations
Emergency shelters are facilities that provide temporary housing and basic support services for persons experiencing homelessness for a period of less than six months. The BHMC currently allows the development of emergency shelters in the Special Needs Housing Overlay Zone, which is shown on the map in Attachment 4. Article 12.7 (Special Needs Housing Overlay Zone)2 sets forth development and operational standards for emergency shelters, which include criteria such as the maximum number of residents in the facility, requirements related to management and security, and the maximum length of stay by residents of the facility. The Special Needs Housing Overlay Zone applies to all R4 Multi-Family Residential Zone properties that meet the following criteria:

1. The project site is located in an area with four- or five- story height limits; and

2. The project site is located adjacent to commercially zoned areas; and

3. The project site is separated from adjacent commercial areas by an alley; and

4. The project site is located on a street greater than thirty feet (30') in width.

Government Code §65583(a)(4)(B) only permits the following objective standards to apply to emergency shelters:
• The maximum number of beds or persons permitted to be served nightly by the facility.
• Sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone. • The size and location of exterior and interior onsite waiting and client intake areas. • The provision of onsite management.
• The proximity to other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart.

2 The remainder of this section related to single room occupancy (SRO) standards shall remain unchanged.

Meeting Date: November 19, 2024

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• The length of stay.
• Lighting.
• Security during hours that the emergency shelter is in operation.

The draft ordinance includes updates to the emergency shelter development and operational standards in BHMC §10-3-1275 to be consistent with the allowable objective standards outlined in state law, and to allow the establishment of an emergency shelter within the Special Needs Housing Overlay Zone upon meeting the standards.

Emergency Shelters Sufficient Sites Analysis
State law requires that the areas zoned to allow the development of emergency shelters shall demonstrate that there are sufficient sites to accommodate the need for shelters based on an assessment of the most recent homeless point-in-time count conducted before the start of the 2021-2029 Housing Element planning period. State law also stipulates that the need for emergency shelters shall be based on the number of beds available on a year-round and seasonal basis, the number of shelter beds that go unused on an average monthly basis within a one-year period, and the percentage of those in emergency shelters that move to permanent housing solutions.

Emergency Shelter Needs Data
In response to these requirements, the City has the following data available:
• Most recent homeless point-in-time count conducted before the start of the 2021-2029 Housing Element planning period: The Los Angeles Homeless Services Authority (LAHSA) did not conduct a homeless count in 2021 due to the ongoing COVID-19 pandemic. However, the LAHSA homeless count from 2022 found that 69,144 people were experiencing homelessness in Los Angeles County (a 4.1% increase from 2020), and identified 39 unsheltered homeless individuals living in Beverly Hills. In 2023, LAHSA changed their data methodology, and did not provide a homeless count for each individual jurisdiction. In 2024, the LAHSA count showed that for the census tracts located in Beverly Hills, there were a total of 25 individuals counted. However, since the state law language refers to the point-in-time count that was prior to the start of the planning period, the analysis in this report is based upon the data from 2022, the closest date to the start of the planning period with available data.
• Number of beds available on a year-round and seasonal basis: Since 2014, the City has contracted with PATH at their congregate care shelter (located at 340 N. Madison, Los Angeles, CA 90064) for five shelter beds, with 61 individuals accepting shelter and entering one of the contracted beds at the PATH facility in Los Angeles. Since the start of 2023, the Beverly Hills Outreach Team (BHOT) was able to place additional people in the PATH shelter and all five beds have been occupied for most of 2023. Since November of 2023, the City is also paying for up to 30 units of interim supportive housing and is in the second year of a tenyear contract for these units. As of October 2024, 19 of those 30 units of supportive housing are filled.
• Number of shelter beds that go unused on an average monthly basis within a one-year period: For the 5 shelter beds, there were several months this year in which all 5 beds were full, and some months in which only 3 beds were taken. In addition, it is common that occupants in the shelter move into supportive housing, Meeting Date: November 19, 2024

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while new occupants are immediately moved into the shelter, keeping the numbers static. In the last few years there has never been less than 3 people in the shelter, which would mean that 2 shelter beds may go unused for short periods of time.

For the 30 units of interim supportive housing, the 30 units have not been available for a full one-year period yet, so the full data for this housing type is not yet available. The first residents of the interim supportive housing were placed in November 2023, and the most recent (the 19th resident) was placed on August 21, 2024. There are currently 11 supportive housing units remaining or about 35%. In fiscal year 2023-24 there were a total of 1,490 bed nights used. There were 366 days in the fiscal year (leap year), with a total of 5 beds available, there would be 1,830 bed nights available, resulting in a vacancy rate of 18.5%. • Percentage of those in emergency shelters that move to permanent housing solutions: In November 2023, there were 5 people in the shelter and as of November 16, 2023, those using the PATH shelter were moved into more permanent housing solutions. This means that 100% of those in the City’s emergency shelter facility were moved into permanent housing in November 2023.

The City has continued to use PATH beds throughout 2024 for short-term stays transitioning to interim supportive housing for at least 7 individuals.

Emergency Shelter Capacity Calculation
Government code §65583(a)(4)(H) requires that the zones where emergency shelters are allowed include sites that meet at least one of the following standards:
(i) Vacant sites zoned for residential use.
(ii) Vacant sites zoned for nonresidential use that allow residential development, if the local government can demonstrate how the sites with this zoning designation that are being used to satisfy the requirements of paragraph (1) are located near amenities and services that serve people experiencing homelessness, which may include, health care, transportation, retail, employment, and social services, or that the local government will provide free transportation to services or offer services onsite.
(iii) Nonvacant sites zoned for residential use or for nonresidential use that allow residential development that are suitable for use as a shelter in the current planning period, or which can be redeveloped for use as a shelter in the current planning period. A nonvacant site with an existing use shall be presumed to impede emergency shelter development absent an analysis based on substantial evidence that the use is likely to be discontinued during the planning period. The analysis shall consider current market demand for the current uses, market conditions, and incentives or standards to encourage shelter development.

The zoning designation that permits the establishment of emergency shelters (the Special Needs Housing Overlay Zone) meets the above standards as explained further here.

Given that the point-in-time homeless count from 2022 is the most recent homeless count since the start of the planning period in 2021, this data will be used to confirm that the required capacity for emergency shelters to accommodate the homeless count can be accommodated on the sites zoned to allow the development of emergency shelters. State law requires that the number of people experiencing homelessness that can be accommodated on any site shall be demonstrated by dividing the square footage of the site by a minimum of 200 square feet per person. This calculation would require that parcels of at least 7,800 square feet (39 persons x 200 square feet) are available for the Meeting Date: November 19, 2024

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development of emergency shelters. The Special Needs Housing Overlay Zone contains approximately 258 parcels in the R4 Multi-Family Residential Zone, which equates to approximately 60,701 square feet of land area. There are approximately 30 parcels in the Special Needs Housing Overlay Zone that are equal to or greater than 7,800 square feet, which demonstrates more than sufficient capacity to accommodate the required square footage for the 39 homeless persons identified. While the majority of parcels in the Special Needs Housing Overlay Zone contain approximately 5,700 square feet of land area, many of these parcels in the Special Needs Housing Overlay are directly adjacent to other parcels in the zone and are located on the same contiguous street block.

The zoning for emergency shelters in the Special Needs Housing Overlay Zone meets the standard in subsection (i) of §65583(a)(4)(H) for vacant sites because there are several vacant lots (lots with no current structures or improvements on site) available within this zone. There is a surface parking lot with no address but known as Assessor Parcel Number 4328026006, with approximately 7,650 square feet, and another surface parking lot with no address but known as Assessor Parcel Number 4331013004 with approximately 6,070 square feet. Furthermore, there is a religious institution use within the Special Needs Housing Overlay Zone that has a surface parking lot with an area of approximately 18,206 square feet. Therefore, the zoning for emergency shelters provides vacant sites where such shelters may be established that can accommodate the required area for the number of homeless persons in the relevant homeless count.

Additionally, the zoning for emergency shelters in the Special Needs Housing Overlay Zone also meets the standard in subsection (iii) of §65583(a)(4)(H) for nonvacant sites.

This standard presumes that if the sites on which emergency shelters are allowed to be established are nonvacant sites zoned for residential or nonresidential uses, that the existing uses on nonvacant impede emergency shelter development. As such, state law requires an analysis is provided to demonstrate these sites are suitable for use as a shelter in the planning period based on substantial evidence that the use is likely to be discontinued during the planning period. The sites on which emergency shelters may be developed are those sites as shown on the Special Needs Housing Overlay Zone map, for which the underlying zoning is R4 Multi-Family Residential. These sites are currently developed with multi-family residential uses. Since the start of the planning period, many R4 sites have been slated for redevelopment; since 2022, the following multi-family properties were approved for redevelopment of the site with a new multi-family development:
• 208 N. Crescent Drive
• 332 S. Doheny Drive
• 232 S. Doheny Drive
• 149-159 S. Maple Drive
• 457 N. Oakhurst Drive
• 227 Tower Drive
This data indicates that existing multi-family residential uses are not an impediment to redevelopment of a site for any use permitted in the zone. In addition, since the sites in the Special Needs Housing Overlay Zone are all currently developed with multi-family residential uses, these properties can more easily be converted to emergency shelter uses, as they are already developed as housing units with required amenities. The closest homeless shelters to the City are the West LA Homeless Shelter, located at 10659 Pico Meeting Date: November 19, 2024

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Boulevard, Los Angeles, CA 90064 and the PATH West Los Angeles location at 2346 Cotner Avenue, Los Angeles, CA 90064. The West LA Homeless Shelter is located on an approximately 5,500 square foot lot that is commercially zoned. The PATH West Los Angeles shelter is located on an approximately 6,500 square foot site and is within the Exposition Corridor Transit Neighborhood Plan, which was established because of the proximity to the Metro Exposition line. The size of these sites developed with shelters in the west Los Angeles area are comparable to the majority of the sites in the Special Needs Housing Overlay Zone on which emergency shelters can be developed, although several sites in the Special Needs Housing Overlay Zone also exceed this site area. Furthermore, the sites contained within the Special Needs Housing Overlay Zone are all located in close proximity to public transit resources, including the planned Metro stations at La Cienega Boulevard and Wilshire Boulevard, and Reeves Drive (Rodeo Drive) and Wilshire Boulevard, as well as to amenities and services. Therefore, given that the sites in the Special Needs Housing Overlay Zone have similar characteristics as far as site area and location in proximity to commercial and public transit resources, these sites are suited for the establishment of emergency shelters.

The proposed revisions to the emergency shelter regulations would also remove existing emergency shelter standards, only keeping those standards allowed by state law, and would allow these shelters to be established by-right upon meeting the applicable standards. Per Imp. 11.7, staff will also work to create a program to help establish emergency shelters, which will include actions such as providing informational guides on emergency shelter standards.
2) Add BHMC References to State Law Replacement Housing Requirements A replacement housing unit is an existing protected affordable housing unit that must be replaced if demolished for a new development. AB 1397, which was codified in state law as Government Code §65583.2(g)(3) requires that the replacement housing requirement stated in density bonus law (Government Code §65915(c)(3)) be applied to any sites identified in the sites inventory of the Housing Element upon demolition and redevelopment of the site. The replacement housing requirements in density bonus law stipulate that if a site contains protected3 residential units on a sites inventory site on which the units were vacated or demolished within the last five years, replacement units must be provided in the new residential development on site. The replacement units that must be provided in the new development on the site must meet the following criteria:
• If the units are currently occupied:
o The total number of new units in the proposed new development shall be at least the same number of units as the dwelling units that were occupied on the date of application, and shall be units of equivalent size and made available at an affordable rent or affordable housing cost to persons in the same of lower income category as those households currently occupying the unit(s);
• If the units are unoccupied (but are part of a development with currently occupied units):

3 Protected means that the units were vacated or demolished in the five-year period preceding the time of application submittal and have been either: 1) Subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; (2) Subject to any other form of rent or price control through a public entity’s valid exercise of its police power; or (3) Occupied by lower or very low income households.

Meeting Date: November 19, 2024

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o The new development shall provide units of equivalent size and made available at an affordable rent or affordable housing cost to persons in the same of lower income category as those households last known to occupy the unit; however, if the incomes of those persons last in occupancy are not known, it is presumed that low-income and very low income renter households occupied these units in the same proportion of low-income and very low income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy (“CHAS”) database. • If all units have been vacated or demolished within the five-year period preceding the date of the application submittal:
o The total number of new units in the proposed new development shall be at least the same number of units as the dwelling units that existed at the highpoint of those units in the preceding five-year period, and shall be units of equivalent size and made available at an affordable rent or affordable housing cost to persons in the same of lower income category as those households in occupancy at that time; however, if the incomes of those persons in occupancy at the highpoint are not known, it is presumed that low-income and very low income renter households occupied these units in the same proportion of low-income and very low income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy (“CHAS”) database.

BHMC Article 48 (Inclusionary and Replacement Housing Requirements for Residential Development) has been updated to reference the state law section (Government Code Section 65915) that contain these requirements. Staff currently works to implement similar replacement housing requirements on sites that are redeveloped pursuant to SB 8 (Government Code §66300, et. seq) and require the demolition of protected housing units.

Staff will also work to implement these replacement requirements for any development of sites identified in the sites inventory of the Housing Element. However, the vast majority of sites in the sites inventory are properties within the Mixed Use Overlay Zone, the underlying zone of which is the C-3 Commercial Zone. Therefore, it is not expected that many, if any, of the sites in the sites inventory are currently developed with protected units, and thus, would not be subject to these specific replacement requirements. 3) Update the BHMC Definition of Family and Related Definitions Imp. 11.5 of the Housing Element requires that the definition of “family” does not act as a constraint on persons with disabilities. The current BHMC definition of “family” is: “two (2) or more persons living together as a single housekeeping unit in a single dwelling unit.

Family also means the persons living together in a licensed residential facility, as that term is defined in California Health and Safety Code section 1502(a)(1) serving six (6) or fewer persons, excluding the licensee, the members of the licensee's family, and persons employed as facility staff who reside at the facility.” The definition of “family” references a single housekeeping unit, which is currently defined in the BHMC as: “a traditional family or the functional equivalent of a traditional family, whose members are a nontransient interactive group of one or more persons, where if consisting of more than one person, such persons jointly occupy a single dwelling unit, jointly use common areas, share household activities and responsibilities (e.g., meals, chores, and expenses), and where, if the unit is rented or leased, all adult members jointly agree to occupy and be responsible Meeting Date: November 19, 2024

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for the entire premises of the dwelling unit under a single written rental agreement or lease and the makeup of the household occupying the unit is determined by the residents of the unit rather than the landlord or property manager.”
When reviewed in combination, these definitions may act as a constraint for persons with disabilities because it is possible that a person with disabilities living within a care facility located in a single-family residential dwelling in a single-family residential zone may not meet these definitions. As such, the definitions of “family” and “single housekeeping unit” have been updated to be more general in nature, and to remove the criteria that the household composition is determined by the residents rather than the landlord or property manager. This is because in the event that a person is living within a residential care facility in a single-family residential dwelling, the residents may be determined by the property manager (or operator of the facility) rather than the residents themselves. These definitions have been updated to align with the requirements of state law and the Housing Element implementation program.
4) Update Transitional and Supportive Housing Regulations Transitional housing is temporary housing intended to serve homeless persons as they transition to permanent housing, which may also involve a supportive services component such as job training or rehabilitation. Supportive housing is permanent affordable housing that provides on-site or off-site services to residents that assist such residents with their ability to live and work in the community. Imp. 11.5 also requires that the BHMC is updated to ensure that the definitions of “transitional housing” and “supportive housing” are consistent with state law, and to allow supportive housing as a by-right use in any zone where multi-family and mixed use developments are permitted, including any nonresidential zones permitting multi-family uses. The BHMC currently contains definitions for transitional housing and supportive housing, however, these definitions slightly differ from state law. As shown in the redline version of the BHMC in Attachment 2, these definitions have been updated to be more consistent with state law, and additional related definitions for “supportive services” and “target population” have been added from state law. In addition, while transitional and supportive housing are currently permitted uses in the majority of multi-family zones, the permitted uses section for the R-3 Multiple Residential Zone and for the R-4-P Residential Parking Zone have been updated to clarify that transitional and supportive housing shall also be permitted in these zones.

State law stipulates that certain criteria may be applied to supportive housing. A new section in the Special Needs Housing Overlay Zone (Article 12) has been included to outline the criteria for both supportive housing in nonresidential zones and in multifamily or mixed use zones. These criteria involve requirements to submit an operational plan for the supportive services provided at the facility, and minimum requirements for floor area dedicated to supportive services. The proposed requirements to be applied to supportive housing in the new section BHMC §10-3-1277 are based on the model ordinance provided by HCD.
5) Revise Community Residential Care Facility Regulations Community residential care facilities provide 24-hour nonmedical care to persons in need of assistance in order to perform activities in daily life or for the protection of the individual and are also known as group homes or group care facilities.

Imp. 11.5 requires that the BHMC is revised to ensure that any regulations applicable to community care facilities do not create constraints on persons with disabilities and to allow community care facilities for seven or more persons in all residential zones and other Meeting Date: November 19, 2024

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housing types of the same form. The program also stipulates that if standards for community care facilities are necessary, these standards must be objective and have a clear review and approval process. The definitions for “large community care facility” and “small community care facility” have been changed to “large community residential care facility” and “small community residential care facility” and have been revised to align more closely to the definitions found in state law. While the BHMC currently allows both small and large community residential care facilities in the majority of residential zones, only small community residential care facilities (meaning there are six or fewer residents of the facility) are currently permitted in single-family residential zones. In order to be consistent with state law requirements, the permitted use sections for all residential zones have been updated to allow large community residential care facilities (for seven or more residents).

In addition, a new section in the Special Needs Housing Overlay Zone (Article 12) has been added to outline objective standards and an approval process for the establishment of a large community residential care facility. These standards require that a zoning clearance is issued ministerially by the Director of Community Development (prior to building permit application submittal) once the large community residential care facility has been reviewed and deemed to be in compliance with the objective standards, which include a requirement to provide a detailed operational plan, and requirements to comply with the operational standards in the Commercial-Residential Transition Zone (BHMC §10-3-1956). These standards are intended to ensure that the operation of a community residential care facility does not adversely affect neighboring residential properties, and that residential qualities of the neighborhood are maintained. The Commercial-Residential Transition Zone operational standards are intended to mitigate any potential impacts related to commercial operations adjacent to residential uses; while community residential care facilities are not strictly commercial uses, some aspects such as deliveries to and from the site may be mitigated by the application of these standards. For this reason, the standards also require that the operator provide contact information that can be used to contact them 24 hours a day, 7 days a week, in case any issues may arise that need to be addressed. Additionally, the proposed standards are intended to require that certain information is provided, such as the operator information, license information, and history of operating these types of facilities because the City wishes to verify such operation is legitimate.

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 Type Notice Date
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 Hills Weekly
Beverly Press
10/25/24
10/31/24
10/31/24
Public Comment
As of the writing of this report, no public comment has been received on this topic.

Meeting Date: November 19, 2024

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ENVIRONMENTAL REVIEW
The Amendments were assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. Staff recommends that the City Council find the ordinance is exempt from CEQA because it can be seen with certainty that there is no potential for such ordinance to have a significant adverse effect on the environment pursuant to CEQA Guidelines Section 15061(b)(3). Section 15061(b)(3) of Title 14 of the California Code of Regulations states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The Amendments do not authorize construction and make minor changes to existing standards and land use limitations that apply to existing uses permitted in residential zones in the City and allow uses that are consistent with the residential uses currently permitted in such zones.

Therefore, it can be seen with certainty that the draft ordinance has no potential to cause a significant effect on the environment and the Amendments are categorically exempt from further review under CEQA pursuant to Section 15061(b)(3), in addition to Section 15305 of Title 14 of the California Code of Regulations for minor alterations in land use regulations.

FISCAL IMPACT
The draft ordinance would amend land use regulations applicable to certain types of housing. Therefore, no fiscal impact is anticipated as a result of this action.

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 BEVERLY HILLS MUNICIPAL CODE
REGULATIONS FOR EMERGENCY SHELTERS; FAMILY,

SINGLE HOUSEKEEPING UNITS AND SINGLE-FAMILY
RESIDENCES; COMMUNITY CARE FACILITIES;
TRANSITIONAL OR SUPPORTIVE HOUSING;

REPLACEMENT UNITS FOR PARCELS IN THE SITES

INVENTORY OF THE HOUSING ELEMENT, AND MAKING A

DETERMINATION OF EXEMPTION UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS DOES ORDAIN AS FOLLOWS:

Section 1. During the City’s Housing Element Update Review process for the 6th cycle planning period from 2021 to 2029, the California Department of Housing and Development (HCD) directed the City to: update the Beverly Hills Municipal Code (BHMC) definitions for “One-Family or Single-Family Residence or Dwelling” and “Single Housekeeping Unit”; clarify zoning districts that accommodate “Group Homes or Residential Care Facilities” and “Transitional Housing and Supportive Housing” to address housing constraints on persons with disabilities; address the replacement housing requirements for the sites inventory of the Housing Element; and to amend emergency shelter regulations in compliance with state law; Section 2. On October 15, 2024, the Planning Commission held a duly noticed public hearing to discuss the proposed Amendments to the BHMC pertaining to regulations for a variety of specialty housing types and state law requirements, after which it adopted Resolution No. 2073 recommending that the City Council adopt the proposed changes to implement Housing Element Implementation Programs 11.1, 11.5, and 11.7 (collectively, the “Amendments”). On November -2- B0785-0001\3038168v1.doc
19, 2024, the City Council held a duly noticed public hearing, received public testimony, and thereafter introduced this Ordinance.

Section 3. The Amendments involve revisions to the existing regulations for emergency shelters, and such revisions are intended to bring the BHMC into compliance with current state law requirements for emergency shelters. The properties identified to accommodate the establishment of emergency shelters are located within the Special Needs Housing Overlay Zone, and include more than ten parcels with site areas that meet or exceed the minimum square footage requirements for the point-in-time homeless count in the City applicable to the planning period. This includes a vacant parcel and parcels with only surface parking on the site, which can accommodate the minimum square footage requirements for the point-in-time homeless count in the City applicable to the planning period. In addition, these parcels are located in the R-4 MultiFamily Residential Zone and are nonvacant sites. Pursuant to the requirements of Government Code Section 65583(a)(4)(A) and 65583(a)(4)(H), emergency shelters may be established without discretionary review, and the existing nonvacant sites currently improved with multi-family residential uses have not impeded redevelopment for other uses permitted in the zone, as there have been multiple sites proposed or approved for redevelopment in the same zone since the start of the planning period. Furthermore, existing multi-family residential uses may be repurposed for a variety of specialty housing types or care facilities, since these developments are already developed with amenities that are required for such facilities, and are located in close proximity to other resources and public transit facilities. As such, the Planning Commission finds that the identified zoning to accommodate emergency shelters is in compliance with state law requirements for these uses.
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Section 4. The Amendments were assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The Planning Commission recommends that the City Council find the ordinance is exempt from CEQA because it can be seen with certainty that there is no potential for such ordinance to have a significant adverse effect on the environment pursuant to CEQA Guidelines Section 15061(b)(3). Section 15061(b)(3) of Title 14 of the California Code of Regulations states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The Amendments do not authorize construction and make minor changes to existing standards and land use limitations that apply to existing uses permitted in residential zones in the City, and allow uses that are consistent with the residential uses currently permitted in such zones. Therefore, it can be seen with certainty that the draft ordinance has no potential to cause a significant effect on the environment and the Amendments are categorically exempt from further review under CEQA pursuant to Section 15061(b)(3), in addition to Section 15305 of Title 14 of the California Code of Regulations, for minor alterations in land use regulations.

Section 5. The Amendments are consistent with the objectives, principles, and standards of the General Plan. The Housing Element of the General Plan sets forth Goal H2 – Housing Supply and Diversity, which calls for the provision of a variety of housing types and adequate affordable housing supply. Similarly, Goal H3 – Fair Housing and Special Needs Residents promotes equal housing opportunities for all residents, especially persons with disabilities, homeless, and those at risk of homelessness. The Housing Element Implementation Programs 11.1, 11.5 and 11.7 specifically require updates and revisions to the zoning code to remove constraints on persons with disabilities and provide adequate zones for special needs -4- B0785-0001\3038168v1.doc
housing uses. General Plan Land Use (LU) Policy 5.1 - Neighborhood Conservation calls for the maintenance of the uses, densities, character, amenities, and quality of the City’s residential neighborhoods, recognizing their contribution to the City’s identity, economic value, and quality of life. LU Policy 13.8 – Residential Care Facilities encourages the development of senior daycare facilities, assisted living facilities, hospice, child care, and other residential care facilities in appropriate areas throughout the City. Amending sections of the Beverly Hills Municipal Code to zone for a variety of special needs housing uses will meet several of the stated objectives, standards, goals, and policies of the General Plan. The Amendments will further protect the identity of residential neighborhoods by creating certain objective standards for specific types of housing uses, which will further the public interest, health, safety, morals, peace, comfort, convenience, or general welfare.

Section 6. The definition of “Emergency Shelter” in Section 10-3-100 (Words Defined) in Article 1 (Definitions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows, with all other definitions in Section 10-3-100 remaining in place without amendment:
“EMERGENCY SHELTER: A facility that provides immediate and short term housing with minimal support services for people experiencing homelessness or families on a first come, first served basis, and that is limited to occupancy of no more than six (6) months.

No individual or household may be denied emergency shelter because of an inability to pay. An emergency shelter may include other interventions including, but not limited to, a navigation center, bridge housing, and respite and recuperative care.” -5- B0785-0001\3038168v1.doc
Section 7. The definition of “Family” in Section 10-3-100 (Words Defined) in Article 1 (Definitions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows, with all other definitions in Section 10-3-100 remaining in place without amendment:
“FAMILY: One (1) or more persons living together as a single housekeeping unit in a single dwelling unit. Family also means the persons living together in a licensed residential community care facility, as that term is defined in California Health And Safety Code section 1502(a)(1).”
Section 8. The definition of “One-Family or Single-Family Residence or Dwelling” in Section 10-3-100 (Words Defined) in Article 1 (Definitions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows, with all other provisions in Section 10-3-100 remaining in place without amendment:
“ONE-FAMILY OR SINGLE-FAMILY RESIDENCE OR DWELLING: "One-family residence or dwelling" shall mean a building, together with any accessory buildings, which is designed or used by only one single housekeeping unit (as defined in this section 10-3- 100), including supportive and transitional housing providing accommodations for six or fewer employees pursuant to California Health and Safety Code Section 17021.5. "Singlefamily residence or dwelling" shall have the same meaning as "one-family residence or dwelling".”
Section 9. The definition of “Single Housekeeping Unit” in Section 10-3-100 (Words Defined) in Article 1 (Definitions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the -6- B0785-0001\3038168v1.doc
BHMC is hereby amended to read as follows, with all other provisions in Section 10-3-100 remaining in place without amendment:
“SINGLE HOUSEKEEPING UNIT: One or more persons jointly occupying a single dwelling unit, and living together as a functional equivalent of a family as evidenced by any combination of the following: where the adult residents share expenses for food or rent; the residents share household responsibilities and activities, which may include, expenses, chores, eating evening meals together; the residents participate in recreational activities; the residents have close social, economic and psychological commitments to each other.”
Section 10. The definition of “Community Care Facility, Large” in Section 10-3-100 (Words Defined) in Article 1 (Definitions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows, with all other provisions in Section 10-3-100 remaining in place without amendment:
“RESIDENTIAL COMMUNITY CARE FACILITY, LARGE: Any State licensed facility, including a family home, or group care facility or similar facility that provides living accommodations and 24-hour nonmedical residential care, day treatment, adult daycare, or foster agency services such as personal services, supervision or assistance essential for sustaining the activities of daily living or the protection of the individual, for seven (7) or more adults, children, or adults and children, as defined in California Health and Safety Code section 1502.”
Section 11. The definition of “Community Care Facility, Small” in Section 10-3-100 (Words Defined) in Article 1 (Definitions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) -7- B0785-0001\3038168v1.doc
of the BHMC is hereby amended to read as follows, with all other provisions in Section 10-3-100 remaining in place without amendment:
“RESIDENTIAL COMMUNITY CARE FACILITY, SMALL: Any State licensed facility, including a family home, or group care facility or similar facility that provides living accommodations and 24-hour nonmedical residential care for persons in need of day treatment, adult daycare, or foster agency services, such as personal services, supervision or assistance essential for sustaining the activities of daily living or the protection of the individual, for six (6) or fewer adults, children, or adults and children, as defined in California Health and Safety Code section 1502.”
Section 12. The definition of “Supportive Housing” in Section 10-3-100 (Words Defined) in Article 1 (Definitions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows, with all other provisions in Section 10-3-100 remaining in place without amendment:
“SUPPORTIVE HOUSING: Housing with no limit on length of stay, that is occupied by the target population as identified in state law, and that is linked to on site or off site services that assist the supportive housing residents in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community 2.”
Section 13. The definition of “Supportive Services” has been added in Section 10-3-100 (Words Defined) in Article 1 (Definitions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC in between the definitions of “Supportive Housing” and “Synthetic Turf” to read as follows, with all other provisions in Section 10-3-100 remaining in place without amendment:
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“SUPPORTIVE SERVICES: Services would include, but are not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy.” Section 14. The definition of “Target Population” in Section 10-3-100 (Words Defined) in Article 1 (Definitions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows, with all other provisions in Section 10-3-100 remaining in place without amendment:
“TARGET POPULATION: Target population has the same meaning as set forth in Government Code Section 65582(j), as amended from time to time.” Section 15. The definition of “Transitional Housing” in Section 10-3-100 (Words Defined) in Article 1 (Definitions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows, with all other provisions in Section 10-3-100 remaining in place without amendment:
“TRANSITIONAL HOUSING: Buildings configured as rental housing developments but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time, which shall be no less than six (6) months from the beginning of the assistance.”
Section 16. The footnotes in Section 10-3-100 (Words Defined) in Article 1 (Definitions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows, with all other provisions in Section 10-3-100 remaining in place without amendment:
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1 1. GOV § 12900 et seq.
2 1. GOV § 65582.
3 2. HSC § 50675.14(b)(3).

Section 17. Section 10-3-1270 in Article 12.7 (Special Needs Housing Overlay Zone) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-1270: PURPOSE:

The purpose of this article is to encourage the construction of housing for persons with special needs in compliance with state law. Such housing shall be allowed in certain areas of the city to locate such housing close to amenities and services appropriate for the intended residents”
Section 18. Section 10-3-1271 in Article 12.7 (Special Needs Housing Overlay Zone) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-1271: PERMITTED AREAS:

The special needs housing overlay zone shall apply in the R-4 zone to those sites that satisfy all of the following criteria:

A. The project site is located in an area with four- or five- story height limits; and B. The project site is located adjacent to commercially zoned areas; and C. The project site is separated from adjacent commercial areas by an alley; and D. The project site is located on a street greater than thirty feet (30') in width.” -10- B0785-0001\3038168v1.doc
Section 19. Section 10-3-1272 in Article 12.7 (Special Needs Housing Overlay Zone) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-1272: DEVELOPMENT STANDARDS:

Except as otherwise stated in this chapter, development within the special needs housing overlay zone shall be subject to the development standards provided in article 12.8 of this chapter. Emergency shelters shall only be subject to the development standards in section 10-3-1275 of this chapter.”
Section 20. Section 10-3-1274 in Article 12.7 (Special Needs Housing Overlay Zone) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-1274: CONDITIONAL USES PERMITTED:

The following uses shall be permitted in the special needs housing overlay zone only if authorized by a conditional use permit issued pursuant to the provisions of article 38 of this chapter:

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

Single room occupancy housing (SRO) subject to the standards provided in this article.” Section 21. Section 10-3-1275 (Standards for Emergency Shelters) in Article 12.7 (Special Needs Housing Overlay Zone) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
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“10-3-1275: STANDARDS FOR EMERGENCY SHELTERS:

Emergency shelters shall be allowed as a permitted use in the special needs housing overlay zone provided that the following development and operational standards are met:

A. Maximum Occupancy: The maximum number of occupants to be served nightly shall not exceed fifty (50).

B. Location: A minimum distance of three hundred feet (300’) shall be maintained from any other emergency shelter.

C. Length of Stay: The maximum stay at the facility shall not exceed ninety (90) days in a three hundred sixty five (365) day period.

D. Intake and Waiting Areas: On site client waiting and intake areas shall be located inside the building and shall be screened from public and private property. If an indoor waiting and intake area cannot be constructed on the site, an exterior waiting area is allowed and shall contain a minimum of ten (10) square feet per bed provided at the facility; shall be in a location not adjacent to the public right-of-way; and shall be visibly separated from public view by a minimum six foot (6') tall visual screening complying with all other requirements of the municipal code.

E. Onsite Management:
1) A minimum of one employee per each fifteen (15) beds, in addition to security personnel, shall be on duty and remain on site during operational hours whenever clients are on the site.
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2) Security personnel shall be provided during operational hours whenever clients are on the site and when people are waiting outside the facility.

F. Lighting: Exterior lighting shall be provided for the entire outdoor area of the site consistent with the provisions of section 5-6-1101 of this code and subsection 10-3-2730.2 D of this chapter. Exterior lighting shall be stationary, directed away from adjacent properties and public rights of way, and be of an intensity compatible with the neighborhood and the regulations in this code.

G. Required Parking: A minimum of one parking space for each staff person, based on the maximum number of staff members present concurrently on the site at one time, unless the otherwise applicable parking requirement of the zone is less than such requirement.

H. The operator of the facility shall provide, at the city's request, an annual report of the use of the facility and determination of compliance with the city's development standards for the use.”
Section 22. A new section, Section 10-3-1277 (Development Standards for Supportive Housing) is hereby added to Article 12.7 (Special Needs Housing Overlay Zone) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is to read as follows:
“10-3-1277: DEVELOPMENT STANDARDS FOR SUPPORTIVE HOUSING:

A. Supportive housing shall be approved ministerially in non-residential zones upon meeting all of the following criteria:

1. Units within the development are subject to a recorded affordability restriction for 55 years.
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2. One hundred percent of the units, excluding the manager unit(s), within the development shall be dedicated to lower income households and are receiving public funding to ensure affordability of the housing to lower income Californians.

3. At least 25 percent of the units in the development or 12 units, whichever is greater, shall be restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than 12 units, then 100 percent of the units, excluding manager unit(s), in the development shall be restricted to residents in supportive housing.

4. Non-residential floor area shall be used for on-site supportive services in the following amounts:

5. For a development with 20 or fewer total units, at least 90 square feet shall be provided for onsite supportive services.

6. For a development with more than 20 units, at least 3 percent of the total nonresidential floor area shall be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.

7. The developer replaces any dwelling units on the site of the supportive housing development in the manner required by Government Code Section 65915(c)(3) to ensure that any change to the occupancy of the supportive housing units is made in a manner that minimizes tenant disruption and only upon the vacancy of any supportive housing units.
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8. Units within the development, excluding manager unit(s), include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.

B. Supportive housing located in multifamily or mixed use zones shall comply with all restrictions and objective development standards applicable to the underlying zone.

C. Operational standards: all supportive housing projects shall be requirement to submit a plan for providing supportive services, which shall include the following at a minimum:Documentation that supportive services will be provided on-site.

1. The name of the proposed entities that will provide supportive services.

2. The proposed funding sources for the services provided.

3. Proposed staffing levels
D. No minimum parking requirements shall be required for the units occupied by supportive housing residents for projects located within one-half mile of a public transit stop.”
Section 23. A new section, Section 10-3-1278 (Permit Required And Operational Standards For Community Residential Care Facility) is hereby added to Article 12.7 (Special Needs Housing Overlay Zone) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is to read as follows:
“10-3-2778: PERMIT REQUIRED AND OPERATIONAL STANDARDS FOR COMMUNITY RESIDENTIAL CARE FACILITY:
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A. A zoning clearance issued by the Director of Community Development shall be required for the establishment of a large community residential care facility and shall be issued ministerially upon verifying that all of the following criteria have been satisfied:

1. The proposed facility shall submit an operational and management plan with the following information:
i. Name of the applicant and operator;
ii. License and permit history of the applicant, including if the applicant is currently operating a similar use in the city or another city, county, or state under license, and/or if applicant has had such license and/or permit revoked or suspended, and the reason therefore;
iii. A list of addresses of all facilities similar to that for which a permit is requested in the State of California that are owned or operated by the applicant within the past five (5) years and whether such facilities have been found by state or local authorities to be operating in violation of state or local law;
iv. Maximum number of persons per bedroom;
v. Maximum number of occupants;
vi. Typical length of stay;
vii. Any rules of conduct applicable to occupants;
viii. Parking provided for the facility;
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ix. Hours of operation;
x. Services provided;
xi. Current license information;
xii. Phone number or other contact information;
xiii. The names of all persons and entities with an ownership or leasehold interest in the facility, or who will participate in operation of the facility; and
xiv. Proximity to any other state licensed facilities in the city.

2. The proposed facility shall comply with the following operational standards:
i. A maximum of two residents per bedroom plus one additional resident shall be permitted.
ii. No staff, clients, guests or any other users of the facility may smoke in an area from which second hand smoke may be detected on any parcel other than the parcel upon which the facility is located. iii. Management or representatives of the operator must be available to be contacted by the City on a 24-hour, 7-day per week basis. iv. The facility shall comply with all operational requirements in section 10-3-1956 of this chapter.
v. The facility may only conduct intake or discharge services in which new residents are accepted for stay at the facility or existing residents are permitted to leave, between the hours of 9:00 AM to 6:00 PM daily.” -17- B0785-0001\3038168v1.doc
Section 24. The title of Article 48 of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“ARTICLE 48. INCLUSIONARY AND REPLACEMENT HOUSING
REQUIREMENTS FOR RESIDENTIAL DEVELOPMENT.”
Section 25. Section 10-3-4800 (Purpose) in Article 48 (Inclusionary Housing Requirements for Residential Development) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-4800: PURPOSE:

The provisions of this article establish standards and procedures that encourage the development of housing that is affordable to a range of households with varying income levels and prohibit approval of projects that fail to comply with its requirements. The purpose of this article is to encourage the development and availability of affordable housing by ensuring that the addition of affordable housing units is in proportion with the overall increase in new housing units. In addition, the purpose of this article is to ensure that any replacement housing units are provided within new residential developments as required by state law, including, but not limited to, State Density Bonus Law (Government Code Section 65915) the Housing Crisis Act (Government Code Section 66300 et. seq.), and Housing Element Law (Government Code Section 65583.2(g)(3)).” Section 26. Section 10-3-4801 (Definitions) in Article 48 (Inclusionary Housing Requirements for Residential Development) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
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“10-3-4801: DEFINITIONS:

As used in this article, the following terms shall have the following meanings:

ADJUSTED FOR HOUSEHOLD

SIZE APPROPRIATE FOR THE
UNIT:

For a household of one (1) person in the case of a
studio unit, two (2) persons in the case of a onebedroom unit, three (3) persons in the case of a twobedroom unit, four (4) persons in the case of a threebedroom unit, and five (5) persons in the case of a four-bedroom unit.

AFFORDABLE HOUSING COST: The total housing costs paid by a qualifying household, which shall not exceed a specified
fraction of its gross income, adjusted for household
size appropriate for the unit, as follows:

1. Very low-income households, rental or for-sale
units: Thirty percent (30%) of fifty percent (50%) of
the Los Angeles County median income.

2. Low-income households, rental units: Thirty
percent (30%) of sixty percent (60%) of the Los
Angeles County median income.

3. Low-income households, for-sale units: Thirty
percent (30%) of seventy percent (70%) of the Los
Angeles County median income.

4. Moderate-income households, rental units:

Thirty percent (30%) of one hundred ten percent
(110%) of the Los Angeles County median income.

5. Moderate-income households, for sale units:

Thirty-five percent (35%) of one hundred and ten
percent (110%) of the Los Angeles County median
income.

AFFORDABLE HOUSING
TRUST FUND:

Shall have the meaning set forth in section 10-3-
4808 below.

DEVELOPER: Any person, firm, partnership, association, joint venture, corporation, or any entity or combination
of entities, which seeks city approvals for all or part of a residential development.
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DEVELOPMENT AGREEMENT: An agreement entered into between the city and a developer pursuant to California Government Code
section 65864 et seq.

DIRECTOR: The city's Director of Community Development.

DWELLING UNIT: One (1) or more rooms, designed, occupied, or intended for occupancy as separate living quarters,
with full cooking, sleeping, and bathroom facilities
for the exclusive use of a single household.

EQUIVALENT SIZE For purposes of determining the required size of a replacement housing unit, equivalent size shall
mean that the replacement housing unit contains at
least the same total number of bedrooms as the units
being replaced.

HCD: The California Department of Housing and
Community Development.

HUD: The United States Department of Housing and
Urban Development.

INCLUSIONARY HOUSING
AGREEMENT:

A legally binding agreement between a developer
and the city, in form and substance satisfactory to
the director and city attorney, setting forth those
provisions necessary to ensure that the requirements
of this article are satisfied.

INCLUSIONARY HOUSING
PLAN:

The plan referenced in section 10-3-4804 below, as
may be augmented by administrative guidelines
formulated by the Director of Community
Development, which sets forth the manner in which
the requirements of this article will be implemented
for a particular residential development.

INCLUSIONARY UNIT: A dwelling unit that will be offered for occupancy by very-low, low-, or moderate-income households,
at an affordable housing cost, pursuant to this
article.

IN-LIEU FEE: A fee paid to the city by a developer instead of providing the required inclusionary units within the
residential development.
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LOW-INCOME HOUSEHOLDS: Households whose gross income is greater than fifty percent (50%) and does not exceed eighty percent
(80%) of the median income for Los Angeles
County as determined annually by HCD based on
household income data promulgated by HUD.

MARKET RATE UNITS: Those dwelling units in a residential development that are not inclusionary units or other units
reserved for moderate income, low-income, or verylow income households.

MODERATE-INCOME
HOUSEHOLDS:

Households whose gross income is greater than
eighty percent (80%) and does not exceed one
hundred and twenty percent (120%) of the median
income for Los Angeles County as determined
annually by HCD based on household income data
promulgated by HUD.

PROTECTED HOUSING UNIT: Protected units are defined as those residential dwelling units that are or were:

Subject to a recorded covenant, ordinance, or law
that restricts rents to levels affordable to persons and families of lower or very low income within the past
5 years;
Subject to any form of rent or price control through
a public entity’s valid exercise of its police power
within the past 5 years; or
Occupied by lower or very low-income households
(i.e., an affordable Protected Unit), as determined
by the City using Median Income figures as
published by the California Department of Housing
and Community Development (“HCD”) within the
past 5 years.

For the purposes of implementing government code
sections 66300 to 66301, inclusive, a protected
housing unit shall also include any unit withdrawn
from rent or lease per the Ellis Act within the past
10 years.
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REPLACEMENT HOUSING
UNIT:

A housing unit included in a new development to
satisfy a requirement to replace an existing or
preexisting unit demolished to enable the new
development.

RESIDENTIAL
DEVELOPMENT:

The construction, development, or subdivision of
property, including condominium conversions,
resulting in five (5) or more lots or dwelling units,
including dwelling units in mixed-use projects.

VERY-LOW-INCOME
HOUSEHOLDS:

Households whose gross income is equal to fifty
percent (50%) or less of the median income for Los
Angeles County as determined annually by HCD
based on household income data promulgated by
HUD. (Ord. 19-O-2797, 12-17-2019; amd. Ord. 20-
O-2823, eff. 11-10-2020; Ord. 21-O-2850, eff. 11-
26-2021)
“
Section 27. A new section, Section 10-3-4810 (Replacement Housing Requirements), has been added to Article 48 (Inclusionary Housing Requirements for Residential Development) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC and shall read as follows:
“10-3-4810: REPLACEMENT HOUSING REQUIREMENTS:

A. Sites Inventory: Notwithstanding any other law, sites identified in the 2021-2029 Housing Element sites inventory that currently have residential uses, or within the past five years have had residential uses that have been vacated or demolished, that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low income, subject to any other form of rent or price control through a public entity’s valid exercise of its police power, or occupied by low- or very low income households, shall be subject to a policy requiring the replacement of all those units affordable to the same or lower income level as a -22- B0785-0001\3038168v1.doc
condition of any development on the site. Replacement requirements shall be consistent with those set forth in Government Code Section 65915(c)(3).

B. All Project: All projects shall comply with applicable state law requirements related to replacement housing including, but not limited to, State Density Bonus Law (Government Code Section 65915) and the Housing Crisis Act (Government Code Section 66300 et. seq.), as amended from time to time.” Section 28. Section 10-3-401 (Uses and Buildings Permitted) of Article 4 (One-Family Residential Zone (R-1)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-401: USES AND BUILDINGS PERMITTED:

A single-family transient use of a "single-family residence", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is prohibited.” Section 29. Section 10-3-501 (Uses and Buildings Permitted) of Article 5 (One-Family Residential Zone (R-1.X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-501: USES AND BUILDINGS PERMITTED:
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Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, family daycare homes licensed pursuant to state law, small or large residential community care facility operating in compliance with section 10-3-2778 of this chapter, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "single-family residence", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-family residence.

Use of a single-family residence for a single-family transient use more than twice per calendar year prohibited.”
Section 30. Section 10-3-601 (Uses and Buildings Permitted) of Article 6 (One-Family Residential Zone (R-1.5)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-601: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.5 shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, family daycare home licensed pursuant to state law, small or large residential community care facility operating in compliance with section 10-3-2778 of this chapter, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "single-family residence", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-family residence. -24- B0785-0001\3038168v1.doc
Use of a single-family residence or for a single-family transient use more than twice per calendar year is prohibited.”
Section 31. Section 10-3-701 (Uses and Buildings Permitted) of Article 7 (One-Family Residential Zone (R-1.5X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-701: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.5X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, family daycare home licensed pursuant to state law, small or large residential community care facility operating in compliance with section 10-3-2778 of this chapter, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "single-family residence", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-family residence.

Use of a single-family residence for a single-family transient use more than twice per calendar year is prohibited.”
Section 32. Section 10-3-801 (Uses and Buildings Permitted) of Article 8 (One-Family Residential Zone (R-1.5X2)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-801: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.5X2 shall be erected, constructed, built, altered, enlarged, built upon, used, or -25- B0785-0001\3038168v1.doc
occupied for any purpose except as a private one-family residence, family daycare home licensed pursuant to state law, small or large residential community care facility operating in compliance with section 10-3-2778 of this chapter, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "single-family residence", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-family residence.

Use of a single-family residence a single-family transient use more than twice per calendar year is prohibited.”
Section 33. Section 10-3-901 (Uses and Buildings Permitted) of Article 9 (One-Family Residential Zone (R-1.6X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning of the BHMC is hereby amended to read as follows:
“10-3-901: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.6X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, family daycare home licensed pursuant to state law, small or large residential community residential care facility operating in compliance with section 10-3-2778 of this chapter, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "single-family residence", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-family residence. Use of a single-family residence for a single-family transient use more than twice per calendar year is prohibited.”
-26- B0785-0001\3038168v1.doc
Section 34. Section 10-3-1001 (Uses and Buildings Permitted) of Article 10 (OneFamily Residential Zone (R-1.7X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read:
“10-3-1001: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.7X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, family daycare home licensed pursuant to state law, small or large residential community care facility operating in compliance with section 10-3-2778 of this chapter, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "single-family residence", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-family residence.

Use of a single-family residence for a single-family transient use more than twice per calendar year prohibited.”
Section 35. Section 10-3-1101 (Uses and Buildings Permitted) of Article 11 (OneFamily Residential Zone (R-1.8X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-1101: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.8X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, family daycare home licensed pursuant to state law, small or large residential community care facility operating -27- B0785-0001\3038168v1.doc
in compliance with section 10-3-2778 of this chapter, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "single-family residence", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-family residence.

Use of a single-family residence for a single-family transient use more than twice per calendar year is prohibited.”
Section 36. Section 10-3-1202 (Uses and Buildings Permitted) of Article 12 (Multiple Residential Zone (R-4)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-1202: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-4 shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose other than as a public library, a single- or multiple-family dwelling and the usual and customary accessory and appurtenant uses thereto including one accessory dwelling unit on a lot developed only with a single-family dwelling subject to the criteria in section 10-3-409 of this chapter; a family daycare home; a small or large residential community care facility operating in compliance with section 10-3-2778 of this chapter; or transitional or supportive housing structured as a single-family residence or as a multiple-family dwelling.”
Section 37. Section 10-3-1301 (Uses and Buildings Permitted) of Article 13 (Residential Income and Multiple Dwelling Zone (R-4X1)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
-28- B0785-0001\3038168v1.doc
“10-3-1301: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building, or portion thereof in zone R-4X1 shall be erected, constructed, built, altered, enlarged, built upon, used or occupied except for single- or multiple-family residential purposes, a small or large residential care facility operating in compliance with section 10-3-2778 of this chapter; or transitional or supportive housing structure as a single-family residence or as a multiplefamily dwelling.” Section 38. Section 10-3-1502 (Uses and Buildings Permitted) of Article 15 (Multiple Residential Zone (R-3)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-1502: USES PERMITTED:

A. Uses And Buildings Permitted And Conditionally Permitted: Except as otherwise provided in this subsection, no lot premises, building or portion thereof in zone R-3 shall be erected, constructed, built, altered, enlarged, built upon, used or occupied except for single- or multiple-family residential purposes, a small or large residential care facility operating in compliance with section 10-3-2778 of this chapter; or transitional or supportive housing structure as a single-family residence or as a multiplefamily dwelling.” Section 39. Section 10-3-1533 (Uses and Buildings Permitted) of Article 15.3 (Residential Parking Zone (R-4-P)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-1533: USES PERMITTED:
-29- B0785-0001\3038168v1.doc
Except as otherwise provided or restricted by this article, no lot, premises, building or portion thereof in the R-4-P zone shall be used for any purpose except the following:

A. Multiple-family dwelling units.

B. Retail ancillary uses that are approved by the planning commission as part of a planned development pursuant to article 18.4 of this chapter.

C. Ancillary parking facilities that are approved by the planning commission as part of a planned development pursuant to article 18.4 of this chapter.

D. A small or large residential community care facility operating in compliance with section 10-3-2778 of this chapter; or transitional or supportive housing structure as a single-family residence or as a multiple-family dwelling.” Section 40. Section 10-3-302 (Permitted And Conditionally Permitted Uses For Residential Zoning Districts And Zoning District Overlays) of Article 3 (Establishment Of Zones; Permitted And Conditionally Permitted Uses) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“The following charts establish permitted uses and conditionally permitted uses in all residential zoning districts and zoning district overlays:

A. Single-Family Residential Zones: Except as otherwise provided in this article, no lot, premises, building or portion thereof in a single-family residential zone shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except:
-30- B0785-0001\3038168v1.doc

ALLOWED USES AND PERMIT REQUIREMENTS FOR SINGLE-FAMILY

RESIDENTIAL ZONING DISTRICTS AND ZONING DISTRICT OVERLAYS P = Permitted use UP = Use permit CUP = Conditional use permit R-1 R1.X
R1.5R1.5XR1.5X2R1.6XR1.7XR1.8X
Accessory dwelling units and junior
accessory dwelling units (subject to
article 50 of this chapter)

P P P P P P P P
Single-family dwelling P P P P P P P P
Transitional and supportive housing 1:

Singlefamily
structure

P P P P P P P P
Family daycare homes, licensed pursuant
to state law

P P P P P P P P
Community residential care
facility2 (state licensed):

Small
(serving
6 or
fewer)

P P P P P P P P
Large
(serving
7 or
more)
P3 P3 P3 P3 P3 P3 P3 P3
Educational institutions CUP CUP4 CUP CUP4
Museums CUP CUP CUP
Public utility uses (except as provided in
section 10-3-2754 of this chapter)

CUP CUP CUP
Religious institutions CUP CUP
Public libraries CUP
Publicly owned playgrounds CUP
-31- B0785-0001\3038168v1.doc
Home occupations (subject to section 10-
3-4303 of this chapter)

P P P P P P P
Single-family transient use5 P5 P5 P5 P5 P5 P5 P5 P5
Notes:

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

2. For the purposes of this section, residential care facilities for the elderly, as defined in state law, shall be treated the same as community residential care facilities. Community residential care facilities shall comply with the requirements in section 10-3-2778 of this chapter.

3. A zoning clearance prior to the submittal of an application for building permit is required to verify the compliance of the community residential community care facility with the applicable requirements in section 10-3-2778 of this chapter.

4. Public educational institutions only.

5. A single-family transient use of a "single-family residence" by a single housekeeping unit is permitted to commence 2 times per calendar year for each single-family residence.

Use of a single-family residence for a single- family transient use more than twice per calendar year is prohibited.

B. Multiple-Family Residential Zones: Except as otherwise provided in this article, no lot, premises, building or portion thereof in a multiple-family residential zone shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except:
-32- B0785-0001\3038168v1.doc

ALLOWED USES AND PERMIT REQUIREMENTS FOR MULTIPLE-FAMILY

RESIDENTIAL ZONES AND ZONING DISTRICT OVERLAYS
P = Permitted use CUP = Conditional use permit
R-4 RMCP Special
Needs
Housing
Overlay
Zone 5
R4X1R4X2R3
R-4-P
Single-family dwelling P P P P P
Accessory dwelling units and junior accessory
dwelling units (subject to article 50 of this chapter)

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

Singlefamily
structure
P1 P1 P1 P1 P1
Multifamily
structure
P1 P1 P1 P1 P1
Family daycare homes, licensed pursuant to state law P P P P P P Emergency shelters (subject to section 10-3-1275 of
this chapter)
P
Single room occupancy housing (SRO) CUP
Community residential care facilities2 (state licensed):

Small (6
or
fewer)

P P P P P P
Large (7
or more)
P3 P3 P3 P3 P3 P3
Public library P P P
Childcare uses licensed pursuant to state law CUP CUP CUP CUP Educational institutions CUP CUP CUP CUP
Multiple-family congregate housing for the elderly or
disabled pursuant to article 12.8 of this chapter
CUP
-33- B0785-0001\3038168v1.doc
Multiple-family housing for the elderly or disabled
pursuant to article 12.5 of this chapter

CUP CUP CUP CUP
Museums CUP CUP CUP CUP
Public utility uses4 CUP CUP CUP CUP
Religious institutions CUP CUP CUP CUP
Restaurants located in nonconforming hotels (subject
to section 10-3-1207 of this chapter)

CUP CUP CUP CUP
Convenience retail uses (subject to section 10-3-
1233 of this chapter)
CUP
Public parking uses CUP
Ancillary retail uses6 P
Ancillary parking facilities6 P
Notes:

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

4. Except as provided in section 10-3-2754 of this chapter. -34- B0785-0001\3038168v1.doc

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

6. If approved by the planning commission as part of a planned development pursuant to article 18.4 of this chapter.
(Ord. 17-O-2724, eff. 2-10-2017; amd. Ord. 24-O-2892, eff. 4-18-2024; Ord. 24-O-2894, eff. 6-7-2024).”
Section 41. Section 10-3-303 (Permitted And Conditionally Permitted Uses For Nonresidential Zoning Districts And Zoning District Overlays) of Article 3 (Establishment Of Zones; Permitted And Conditionally Permitted Uses) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-303: PERMITTED AND CONDITIONALLY PERMITTED USES FOR

NONRESIDENTIAL ZONING DISTRICTS AND ZONING DISTRICT OVERLAYS AND SUPPORTIVE HOUSING:

A. Permitted Uses: Uses for all nonresidential zones and zoning district overlays are listed in the article addressing each specific zone or zoning district overlay.

B. Supportive Housing: Notwithstanding any of the restrictions applicable to nonresidential zoning districts, overlays (including the Mixed Use Overlay Zone in Article 18.7 of this chapter), and specific plans, if any such zone permits multi-family or mixed use development, supportive housing shall also be permitted. Action to approve such housing shall be taken within 60 days of a complete application being filed if the project has 50 or fewer units, and action shall be taken within 120 days of a complete applicable being filed if the project has more than 50 units. Supportive -35- B0785-0001\3038168v1.doc
housing in nonresidential zones shall be permitted pursuant to the standards in section 10-3-1277 of this chapter.”
Section 42. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this Ordinance shall be and remain in full force and effect.

Section 43. 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. -36- B0785-0001\3038168v1.doc
Section 44. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.

Adopted:

Effective:

LESTER J. FRIEDMAN
Mayor of the City of Beverly Hills,
California
ATTEST:
_________________________(SEAL)

HUMA AHMED
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
___________________________ _____________________________ LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager
Attachment 2
Redline BHMC Sections
EMERGENCY SHELTER REGULATIONS (Imp. 11.5)
Amend the emergency shelter development standards and the definition of shelter. The amendments will identify a zone(s) that allows residential sufficient capacity without discretionary review to meet the need for emergency shelters, including proximity to transportation and homeless shelters and appropriate development standards, which include but are not limited to parking requirements, pursuant to Government Code Sec. 65583(a)(4)(A)(2).
10-3-100:

EMERGENCY SHELTER: A facility that provides immediate and short term housing with minimal support services for people experiencing homelessness or families on a first come, first served basis, and that is limited to occupancy of no more than six (6) months. No individual or household may be denied emergency shelter because of an inability to pay. An emergency shelter may include other interventions including, but not limited to, a navigation center, bridge housing, and respite and recuperative care.

ARTICLE 12.7 SPECIAL NEEDS HOUSING OVERLAY ZONE
10-3-1270: PURPOSE:

The purpose of this article is to encourage the construction of housing for persons with special needs in compliance with state law. Such housing shall be allowed in certain areas of the city to avoid the concentration of special needs housing in any single area and to locate such housing close to amenities and services appropriate for the intended residents.
10-3-1271: PERMITTED AREAS:

The special needs housing overlay zone shall apply in the R-4 zone to those sites that satisfy all of the following criteria: described in section 10-3-1282 of this chapter.

Except as otherwise stated in this chapter, development within the special needs housing overlay zone shall be subject to the development standards provided in article

12.8 of this chapter. Emergency shelters shall only be subject to the development standards in section 10-3-1275 of this chapter.
10-3-1273: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this chapter, no lot, premises, building or portion thereof in the special needs housing overlay zone shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied except for the following purposes:

A. Uses permitted in the applicable underlying zone.

B. Emergency shelters subject to the standards provided in this article. 10-3-1274: CONDITIONAL USES PERMITTED:

The following uses shall be permitted in the special needs housing overlay zone only if authorized by a conditional use permit issued pursuant to the provisions of article 38 of this chapter:

Large community care facilities.

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

Single room occupancy housing (SRO) subject to the standards provided in this article. 10-3-1275: DEVELOPMENT STANDARDS FOR EMERGENCY SHELTERS:

Emergency shelters shall be allowed as a permitted use in the special needs housing overlay zone provided that the following development and operational standards are met:

A. Maximum Occupancy: The minimum floor area per occupant shall not be less than two hundred one hundred fifty (150200) square feet and the maximum number of occupants to be served nightly at any given time shall not exceed fifty (50).

B. Location: A minimum distance of three hundred feet (300'’) shall be maintained from any other emergency shelter.

C. Length of Stay: The maximum stay at the facility shall not exceed ninety (90) days in a three hundred sixty five (365) day period.

D. Intake and Waiting Areas: On site client waiting and intake areas shall be located inside the building and shall be screened from public and private property where feasible. If an indoor waiting and intake area cannot be constructed on the site, an exterior waiting area is allowed andIf not feasible, an exterior waiting area shall containbe provided which contains a minimum of ten (10) square feet per bed provided at the facility; shall be in a location not adjacent to the public right- of- way; and shall be visibly separated from public view by a minimum six foot (6') tall visual screening complying with all other requirements of the municipal code.

E. Hours of intake shall be between the hours of five o'clock (5:00) P.M. to nine o'clock (9:00) P.M. No release before seven o'clock (7:00) A.M.

FE.. Onsite Management:
1) A minimum of one employee per each fifteen (15) beds, in addition to security personnel, shall be on duty and remain on site during operational hours whenever clients are on the site.
2) G. Security personnel shall be provided during operational hours whenever clients are on the site and when people are waiting outside the facility.

HF. Lighting: Exterior lighting shall be provided for the entire outdoor area of the site consistent with the provisions of section 5-6-1101 of this code and subsection 10-3- 2730.2D of this chapter. Exterior lighting shall be stationary, directed away from adjacent properties and public rights of way, and be of an intensity compatible with the neighborhood and the regulations in this code.

G. Required Parking: I. A minimum of one parking space for every ten (10) beds, plus one-half (1/2) parking space for each bedroom designated for families with children, plus one parking space for each employee/volunteer on duty, shall be maintained. The number of parking spaces may be reduced by twenty five percent (25%) if the shelter is located within one thousand feet (1,000') of a public transit stop. Bicycle rack parking shall also be provided at the facility.for each staff person, based on the maximum number of staff members present concurrently on the site at one time, unless the otherwise applicable parking requirement of the zone is less than such requirement.

J. The facility may provide the following services and facilities to clients in a designated area separate from the sleeping areas:

1. A recreation area either inside or outside the shelter. If located outside, the area shall be screened from public view.

2. A counseling center for job placement, educational, healthcare, legal, or mental health services.

3. Laundry facilities to serve the number of occupants at the shelter.

4. Kitchen for the preparation of meals.

5. Dining hall.

6. Client storage areas (i.e., for the overnight storage of bicycles and personal items).

7. Similar services supporting the needs of homeless occupants.

H..K. Required Reporting: The operator of the facility shall provide, at the city's request, an annual report of the use of the facility and determination of compliance with the city's development standards for the use.

L. A management plan shall be submitted to, reviewed, approved and enforced by the director of community development. The management plan shall be approved before issuance of a certificate of occupancy. The management plan shall be comprehensive and shall address hours of operation, admission hours and process, staff training, neighborhood outreach and privacy, security, resident counseling and treatment, maintenance plans, residency and guest rules and procedures, and staffing needs, including job descriptions.

M. Operation of vehicles to transport residents shall not generate vehicular traffic substantially greater than normally generated by residential activities in surrounding areas.

N. Arrangements for delivery of goods shall be made within hours that are compatible with existing codes and will not adversely affect livability of surrounding properties.

O. The facility shall not generate noise or lighting at levels adversely affecting livability of surrounding properties.

REPLACEMENT HOUSING REQUIREMENT (Imp. 11.1)
Amend the Zoning Code to address the replacement housing requirements (per AB 1397) by 2024
ARTICLE 48. INCLUSIONARY AND REPLACEMENT HOUSING REQUIREMENTS

FOR RESIDENTIAL DEVELOPMENT
10-3-4800: PURPOSE:

As used in this article, the following terms shall have the following meanings:

ADJUSTED FOR HOUSEHOLD

SIZE APPROPRIATE FOR THE
UNIT:

AFFORDABLE HOUSING
COST:

The total housing costs paid by a qualifying household, which shall not exceed a specified fraction of its gross income, adjusted for household size appropriate for
the unit, as follows:

1. Very low-income households, rental or for-sale
units: Thirty percent (30%) of fifty percent (50%) of the Los Angeles County median income.

2. Low-income households, rental units: Thirty
percent (30%) of sixty percent (60%) of the Los
Angeles County median income.

3. Low-income households, for-sale units: Thirty
percent (30%) of seventy percent (70%) of the Los
Angeles County median income.

4. Moderate-income households, rental units: Thirty
percent (30%) of one hundred ten percent (110%) of
the Los Angeles County median income.

5. Moderate-income households, for sale units:

Thirty-five percent (35%) of one hundred and ten
percent (110%) of the Los Angeles County median
income.

AFFORDABLE HOUSING
TRUST FUND:

Shall have the meaning set forth in section 10-3-
4808 below.

DEVELOPER: Any person, firm, partnership, association, joint venture, corporation, or any entity or combination of
entities, which seeks city approvals for all or part of a residential development.

DEVELOPMENT
AGREEMENT:

An agreement entered into between the city and a
developer pursuant to California Government Code
section 65864 et seq.

DIRECTOR: The city's Director of Community Development.

EQUIVALENT SIZE For purposes of determining the required size of a replacement housing unit, equivalent size shall mean
that the replacement housing unit contains at least the same total number of bedrooms as the units being
replaced.

HCD: The California Department of Housing and Community Development.

HUD: The United States Department of Housing and Urban
Development.

INCLUSIONARY HOUSING
AGREEMENT:

A legally binding agreement between a developer and
the city, in form and substance satisfactory to the
director and city attorney, setting forth those provisions necessary to ensure that the requirements of this
article are satisfied.

INCLUSIONARY HOUSING
PLAN:

The plan referenced in section 10-3-4804 below, as
may be augmented by administrative guidelines
formulated by the Director of Community
Development, which sets forth the manner in which the
requirements of this article will be implemented for a
particular residential development.

INCLUSIONARY UNIT: A dwelling unit that will be offered for occupancy by very-low, low-, or moderate-income households, at an
affordable housing cost, pursuant to this article.

IN-LIEU FEE: A fee paid to the city by a developer instead of providing the required inclusionary units within the
residential development.

LOW-INCOME HOUSEHOLDS: Households whose gross income is greater than fifty percent (50%) and does not exceed eighty percent
(80%) of the median income for Los Angeles County
as determined annually by HCD based on household
income data promulgated by HUD.

MARKET RATE UNITS: Those dwelling units in a residential development that are not inclusionary units or other units reserved for
moderate income, low-income, or very-low income
households.

MODERATE-INCOME
HOUSEHOLDS:

Households whose gross income is greater than eighty
percent (80%) and does not exceed one hundred and
twenty percent (120%) of the median income for Los
Angeles County as determined annually by HCD
based on household income data promulgated by
HUD.

PROTECTED HOUSING UNIT: Protected units are defined as those residential dwelling units that are or were:

Subject to a recorded covenant, ordinance, or law that
restricts rents to levels affordable to persons and
families of lower or very low income within the past 5
years;
Subject to any form of rent or price control through a
public entity’s valid exercise of its police power within the past 5 years; or
Occupied by lower or very low-income households
(i.e., an affordable Protected Unit), as determined by
the City using Median Income figures as published by
the California Department of Housing and Community
Development (“HCD”) within the past 5 years.

For the purposes of implementing government code
sections 66300 to 66301, inclusive, a protected
housing unit shall also include any unit withdrawn from rent or lease per the Ellis Act within the past 10 years.

REPLACEMENT HOUSING
UNIT:

A housing unit included in a new development to
satisfy a requirement to replace an existing or
preexisting unit demolished to enable the new
development.

RESIDENTIAL
DEVELOPMENT:

The construction, development, or subdivision of
property, including condominium conversions,
resulting in five (5) or more lots or dwelling units,
including dwelling units in mixed-use projects.

VERY-LOW-INCOME
HOUSEHOLDS:

Replacement requirements shall be consistent with those set forth in Government Code Section 65915(c)(3).

FAMILY-RELATED DEFINITIONS (Imp. 11.5)
10-3-100:

FAMILY: Two One (12) or more persons living together as a single housekeeping unit in a single dwelling unit. Family also means the persons living together in a licensed residential community care facility, as that term is defined in California Health And Safety Code section 1502(a)(1) serving six (6) or fewer persons, excluding the licensee, the members of the licensee's family, and persons employed as facility staff who reside at the facility.

ONE-FAMILY OR SINGLE-FAMILY RESIDENCE OR DWELLING: "One-family residence or dwelling" shall mean a building, together with any accessory buildings, which is designed or used by only one single housekeeping unit (as defined in this section 10-3-100), including supportive and transitional housing providing accommodations for six or fewer employees pursuant to California Health and Safety Code Section 17021.5. one bona fide housekeeping unit. "Single-family residence or dwelling" shall have the same meaning as "one-family residence or dwelling" SINGLE HOUSEKEEPING UNIT: One or more persons jointly occupyingA traditional family or the functional equivalent of a traditional family, whose members are a nontransient interactive group of one or more persons, where if consisting of more than one person, such persons jointly occupy a single dwelling unit, and living together as a functional equivalent of a family as evidenced by any combination of the following:
where the adult residents share expenses for food or rent; the residents share household responsibilities and activities, which may include, expenses, chores, eating evening meals together; the residents participate in recreational activities; the residents have close social, economic and psychological commitments to each otherjointly use common areas, share household activities and responsibilities (e.g., meals, chores, and expenses), and where, if the unit is rented or leased, all adult members jointly agree to occupy and be responsible for the entire premises of the dwelling unit under a single written rental agreement or lease and the make up of the household occupying the unit is determined by the residents of the unit rather than the landlord or property manager.

SUPPORTIVE AND TRANSITIONAL HOUSING AND GROUP HOME
(COMMUNITY CARE FACILITIES) REGULATIONS (Imp. 11.5)
Process a Municipal Code amendment in 2024 to update definitions of transitional and supportive housing and family consistent with Government Code Sec. 65582 and allow supportive housing by-right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses pursuant to Government Code Sec. 65651.

Review and amend the zoning code to revise the definition of “family” to ensure that this does not create constraints on persons with disabilities Review and amend the zoning code to revise the regulations pertaining to group homes (also known as community care facilities) to ensure that these regulations do not create constraints on persons with disabilities and to allow group homes for 7 or more persons in all residential zones and other housing types of the same form
10-3-100:

RESIDENTIAL COMMUNITY CARE FACILITY, LARGE: Any State licensed facility, including a family home, or group care facility or similar facility place, or structure that that provides living accommodations and 24-houris maintained and operated to provide nonmedical residential care, day treatment, adult daycare, or foster agency services such as personal services, supervision or assistance essential for sustaining the activities of daily living or the protection of the individual, for seven (7) or more adults, children, or adults and children, as defined in California Health and Safety Code section 1502.

RESIDENTIAL COMMUNITY CARE FACILITY, SMALL: Any State licensed facility, including a family home, or group care facility or similar facility place, or structure that that provides living accommodations and 24-houris maintained and operated to provide nonmedical residential care for persons in need of , day treatment, adult daycare, or foster agency services, such as personal services, supervision or assistance essential for sustaining the activities of daily living or the protection of the individual, for six (6) or fewer adults, children, or adults and children, as defined in California Health and Safety Code section 1502.

SUPPORTIVE HOUSING: HPermanent affordable housing with no limit on length of stay, that is occupied by the target population as identified in state law, and that is linked to on site or off site services that assist the supportive housing residents in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community 2 .

SUPPORTIVE SERVICES: Services would include, but are not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy.

TARGET POPULATION: Persons with disabilities, homeless families, and homeless youth .

Target population has the same meaning as set forth in Government Code Section 65582(j), as amended from time to time.

TRANSITIONAL HOUSING: Buildings configured as Temporary rental housing developments butintended for occupancy by homeless individuals or families transitioning to permanent housing that is operated under program requirements that require thecalling for the termination of assistance and recirculating recirculation of the assisted dwelling unit to another eligible program recipient at a predetermined future point in timetime, which shall be no less than six (6) months from the beginning of the assistance. Transitional housing often includes a supportive services component, such as job skills training or rehabilitation counseling to allow individuals to gain the necessary life skills to support independent living. 1 1. GOV § 12900 et seq.
2 1. HSC GOV § 6558250675.14.
3 2. HSC § 50675.14(b)(3).

PERMITTED USES SECTIONS
10-3-401: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1 shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, family daycare homes licensed pursuant to state law, small or large residential community care facility operating in compliance with section 10-3-2778 of this chapter, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "single-family residence", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-family residence. Use of a single-family residence for a single-family transient use more than twice per calendar year is prohibited.
10-3-501: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, family daycare homes licensed pursuant to state law, small or large residential community care facility operating in compliance with section 10-3-2778 of this chapter, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "single-family residence", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-family residence. Use of a single-family residence for a single-family transient use more than twice per calendar year prohibited.
10-3-601: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.5 shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, family daycare home licensed pursuant to state law, small or large residential community care facility operating in compliance with section 10-3-2778 of this chapter, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "single-family residence", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-family residence. Use of a single-family residence or for a single-family transient use more than twice per calendar year is prohibited.
10-3-701: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.5X2 shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, family daycare home licensed pursuant to state law, small or large residential community care facility operating in compliance with section 10-3-2778 of this chapter, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "single-family residence", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-family residence. Use of a single-family residence a single-family transient use more than twice per calendar year is prohibited.
10-3-901: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.6X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, family daycare home licensed pursuant to state law, small or large residential community residential care facility operating in compliance with section 10-3-2778 of this chapter, or transitional or supportive housing structured as a single-family residence. A singlefamily transient use of a "single-family residence", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-family residence. Use of a single-family residence for a single-family transient use more than twice per calendar year is prohibited. 10-3-1001: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.8X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, family daycare home licensed pursuant to state law, small or large residential community care facility operating in compliance with section 10-3-2778 of this chapter, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "single-family residence", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-family residence. Use of a single-family residence for a single-family transient use more than twice per calendar year is prohibited.
10-3-1202: USES AND BUILDINGS PERMITTED:

A. Uses And Buildings Permitted And Conditionally Permitted: Except as otherwise provided in this subsection, no lot premises, building or portion thereof in zone R3 shall be erected, constructed, built, altered, enlarged, built upon, used or occupied except for single- or multiple-family residential purposes, a small or large residential care facility operating in compliance with section 10-3-2778 of this chapter; or transitional or supportive housing structure as a single-family residence or as a multiple-family dwelling..
10-3-1533: USES PERMITTED:

Except as otherwise provided or restricted by this article, no lot, premises, building or portion thereof in the R-4-P zone shall be used for any purpose except the following:

A. Multiple-family dwelling units.

B. Retail ancillary uses that are approved by the planning commission as part of a planned development pursuant to article 18.4 of this chapter.

C. C. Ancillary parking facilities that are approved by the planning commission as part of a planned development pursuant to article 18.4 of this chapter.

C.D. A small or large residential community care facility operating in compliance with section 10-3-2778 of this chapter; or transitional or supportive housing structure as a single-family residence or as a multiple-family dwelling.. 10-3-302: PERMITTED AND CONDITIONALLY PERMITTED USES FOR RESIDENTIAL ZONING DISTRICTS AND ZONING DISTRICT OVERLAYS:

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

ALLOWED USES AND PERMIT REQUIREMENTS FOR SINGLE-FAMILY

RESIDENTIAL ZONING DISTRICTS AND ZONING DISTRICT OVERLAYS

P = Permitted use UP = Use permit CUP = Conditional use permit R-1 R-1.X R1.5 R1.5XR1.5X2R1.6XR1.7XR1.8X
Accessory dwelling units and junior accessory dwelling
units (subject to article 50 of this chapter)

P P P P P P P P
Single-family dwelling P P P P P P P P
Transitional and supportive housing 1:

Single-family structure P P P P P P P P
Family daycare homes, licensed pursuant to state law P P P P P P P P Community rResidential care facility2 (state licensed):

Small (serving 6 or fewer) P P P P P P P P
Large (serving 7 or more) P
3 P3 P3 P3 P3 P3 P3 P3
Educational institutions CUP CUP43 CUP CUP43

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

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

P P P P P P P
Single-family transient use54 P
54 P54 P54 P54 P54 P54 P54 P54
Notes:

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

4. Public educational institutions only.

5.4. A single-family transient use of a "single-family residence" by a single housekeeping unit is permitted to commence 2 times per calendar year for each single-family residence. Use of a single-family residence for a single- family transient use more than twice per calendar year is prohibited.

ALLOWED USES AND PERMIT REQUIREMENTS FOR MULTIPLE-FAMILY

RESIDENTIAL ZONES AND ZONING DISTRICT OVERLAYS

P = Permitted use CUP = Conditional use permit
R-4 RMCP Special
Needs
Housing
Overlay
Zone 54
R4X1R4X2 R-3 R4-P
Single-family dwelling P P P P P
Accessory dwelling units and junior accessory dwelling
units (subject to article 50 of this chapter)

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

Single-family structure P1 P1 P1 P1 P
1 Multi-family structure P1 P1 P1 P1 P1
Family daycare homes, licensed pursuant to state law P P P P P P Emergency shelters (subject to section 10-3-1275 of this chapter)
P
Single room occupancy housing (SRO) CUP
Community Rresidential care facilities2 (state licensed):

Small (6 or fewer) P P P P P P
Large (7 or more) CU
P
3P
CU
P
3P
CU
P
3P
CU
P
3P
CU
P
3P
CU
P
3P
Public library P P P
Childcare uses licensed pursuant to state law CUP CUP CUP CUP Educational institutions CUP CUP CUP CUP
Multiple-family congregate housing for the elderly or
disabled pursuant to article 12.8 of this chapter
CUP
Multiple-family housing for the elderly or disabled
pursuant to article 12.5 of this chapter

CUP CUP CUP CUP
Museums CUP CUP CUP CUP
Public utility uses43 CUP CUP CUP CUP
Religious institutions CUP CUP CUP CUP
Restaurants located in nonconforming hotels (subject to section 10-3-1207 of this chapter)

CUP CUP CUP CUP
Convenience retail uses (subject to section 10-3-1233 of this chapter)
CUP
Public parking uses CUP
Ancillary retail uses65 P
Ancillary parking facilities65 P
Notes:

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

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

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

65. If approved by the planning commission as part of a planned development pursuant to article 18.4 of this chapter.
(Ord. 17-O-2724, eff. 2-10-2017; amd. Ord. 24-O-2892, eff. 4-18-2024; Ord. 24-O-2894, eff. 6-7- 2024)
10-3-303: PERMITTED AND CONDITIONALLY PERMITTED USES FOR

NONRESIDENTIAL ZONING DISTRICTS AND ZONING DISTRICT OVERLAYS AND SUPPORTIVE HOUSING::

A. Permitted Uses: Uses for all nonresidential zones and zoning district overlays are listed in the article addressing each specific zone or zoning district overlay.

Action to approve such housing shall be taken within 60 days of a complete application being filed if the project has 50 or fewer units, and action shall be taken within 120 days of a complete applicable being filed if the project has more than 50 units. Supportive housing in nonresidential zones shall be permitted pursuant to the standards in section 10-3-1277 of this chapter.

STANDARDS FOR SUPPORTIVE HOUSING AND COMMUNITY

RESIDENTIAL CARE FACILITIES
10-3-1277: DEVELOPMENT STANDARDS FOR SUPPORTIVE HOUSING:

A. Supportive housing shall be approved ministerially in non-residential zones upon meeting all of the following criteria:

1. Units within the development are subject to a recorded affordability restriction for 55 years.

4. Non-residential floor area shall be used for on-site supportive services in the following amounts:

5. For a development with 20 or fewer total units, at least 90 square feet shall be provided for onsite supportive services.

8. Units within the development, excluding manager unit(s), include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.

B. Supportive housing located in multifamily or mixed use zones shall comply with all restrictions and objective development standards applicable to the underlying zone.

1. The name of the proposed entities that will provide supportive services.

2. The proposed funding sources for the services provided.

A. A zoning clearance issued by the Director of Community Development shall be required for the establishment of a large community residential care facility and shall be issued ministerially upon verifying that all of the following criteria have been satisfied:

1. The proposed facility shall submit an operational and management plan with the following information:
i. Name of the applicant and operator;
ii. License and permit history of the applicant, including if the applicant is currently operating a similar use in the city or another city, county, or state under license, and/or if applicant has had such license and/or permit revoked or suspended, and the reason therefore;
iii. A list of addresses of all facilities similar to that for which a permit is requested in the State of California that are owned or operated by the applicant within the past five (5) years and whether such facilities have been found by state or local authorities to be operating in violation of state or local law;
iv. Maximum number of persons per bedroom;
v. Maximum number of occupants;
vi. Typical length of stay;
vii. Any rules of conduct applicable to occupants;
viii. Parking provided for the facility;
ix. Hours of operation;
x. Services provided;
xi. Current license information;
xii. Phone number or other contact information;
xiii. The names of all persons and entities with an ownership or leasehold interest in the facility, or who will participate in operation of the facility; and
xiv. Proximity to any other state licensed facilities in the city.

Attachment 3
Planning Commission Resolution No.
2073
1 RESOLUTION NO. 2073

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF BEVERLY HILLS RECOMMENDING THAT THE

CITY COUNCIL ADOPT A DRAFT ORDINANCE OF THE

CITY OF BEVERLY HILLS AMENDING BEVERLY HILLS

MUNICIPAL CODE REGULATIONS FOR EMERGENCY
SHELTERS; FAMILY, SINGLE HOUSEKEEPING UNITS AND
SINGLE-FAMILY RESIDENCES; COMMUNITY CARE
FACILITIES; TRANSITIONAL OR SUPPORTIVE HOUSING;

REPLACEMENT UNITS FOR PARCELS IN THE SITES

INVENTORY OF THE HOUSING ELEMENT, AND MAKING A

DETERMINATION OF EXEMPTION UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, during the City’s Housing Element Update Review process for the 6th cycle planning period from 2021 to 2029, the California Department of Housing and Development (HCD) directed the City to: update the Zoning Code of BHMC definitions for “One-Family or Single-Family Residence or Dwelling” and “Single Housekeeping Unit”; clarify zoning districts that accommodate “Group Homes or Residential Care Facilities” and “Transitional Housing and Supportive Housing” to address housing constraints on persons with disabilities; address the replacement housing requirements for the sites inventory of the Housing Element; and to amend emergency shelter regulations in compliance with state law; WHEREAS, California Health and Safety Code Section 17021.5 deems employee housing providing accommodations for six or fewer employees to be a single-family residential dwelling use;
Docusign Envelope ID: 07EEEC36-BF9B-47AF-B335-1DEF9029D885 2 WHEREAS, HCD provided direction to address constraints for persons with disabilities requires the City to amend related definitions and residential zoning district tables in the Zoning Code of the BHMC;
The Planning Commission of the City of Beverly Hills hereby finds, resolves, and determines as follows:

Section 1. At its October 15, 2024 special meeting, the Planning Commission considered the proposed Amendments to the City of Beverly Hills Municipal Code (BHMC) pertaining to regulations for a variety of specialty housing types and state law requirements, as set forth and attached hereto as Exhibit A (the “Amendments”). The Planning Commission conducted a duly noticed public hearing, at which times it received oral and documentary evidence relative to the proposed Amendments.

Section 2. The Amendments involve revisions to the existing regulations for emergency shelters, and such revisions are intended to bring the BHMC into compliance with current state law requirements for emergency shelters. The properties identified to accommodate the establishment of emergency shelters are located within the Special Needs Housing Overlay Zone, and include more than ten parcels with site areas that meet or exceed the minimum square footage requirements for the point-in-time homeless count in the City applicable to the planning period. This includes a vacant parcel and parcels with only surface parking on the site, which can accommodate the minimum square footage requirements for the point-in-time homeless count in the City applicable to the planning period. In addition, these parcels are located in the R-4 MultiFamily Residential Zone and are nonvacant sites. Pursuant to the requirements of Government Code Section 65583(a)(4)(A) and 65583(a)(4)(H), emergency shelters may be established without discretionary review, and the existing nonvacant sites currently improved with multi-family Docusign Envelope ID: 07EEEC36-BF9B-47AF-B335-1DEF9029D885 3 residential uses have not impeded redevelopment for other uses permitted in the zone, as there have been multiple sites proposed or approved for redevelopment in the same zone since the start of the planning period. Furthermore, existing multi-family residential uses may be repurposed for a variety of specialty housing types or care facilities, since these developments are already developed with amenities that are required for such facilities, and are located in close proximity to other resources and public transit facilities. As such, the Planning Commission finds that the identified zoning to accommodate emergency shelters is in compliance with state law requirements for these uses.

Section 3. The Amendments were assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The Planning Commission recommends that the City Council find the ordinance is exempt from CEQA because it can be seen with certainty that there is no potential for such ordinance to have a significant adverse effect on the environment pursuant to CEQA Guidelines Section 15061(b)(3). Section 15061(b)(3) of Title 14 of the California Code of Regulations states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The Amendments do not authorize construction and make minor changes to existing standards and land use limitations that apply to existing uses permitted in residential zones in the City, and allow uses that are consistent with the residential uses currently permitted in such zones. Therefore, it can be seen with certainty that the draft ordinance has no potential to cause a significant effect on the environment and the Amendments are categorically exempt from further review under CEQA pursuant to Section 15061(b)(3), in addition to Section 15305 of Title 14 of the California Code of Regulations, for minor alterations in land use regulations.

Docusign Envelope ID: 07EEEC36-BF9B-47AF-B335-1DEF9029D885 4 Section 4. The Planning Commission finds that the proposed Amendments are required because of the benefit to the public interest, health, safety, morals, peace, comfort, convenience, or general welfare, and that such Amendments are consistent with the general objectives, principles, and standards of the General Plan.

Section 5. The Amendments are consistent with the objectives, principles, and standards of the General Plan. The Housing Element of the General Plan sets forth Goal H2 – Housing Supply and Diversity, which calls for the provision of a variety of housing types and adequate affordable housing supply. Similarly, Goal H3 – Fair Housing and Special Needs Residents promotes equal housing opportunities for all residents, especially persons with disabilities, homeless, and those at risk of homelessness. The Housing Element Implementation Programs 11.1, 11.5 and 11.7 specifically require updates and revisions to the zoning code to remove constraints on persons with disabilities and provide adequate zones for special needs housing uses. General Plan Land Use (LU) Policy 5.1 - Neighborhood Conservation calls for the maintenance of the uses, densities, character, amenities, and quality of the City’s residential neighborhoods, recognizing their contribution to the City’s identity, economic value, and quality of life. LU Policy 13.8 – Residential Care Facilities encourages the development of senior daycare facilities, assisted living facilities, hospice, child care, and other residential care facilities in appropriate areas throughout the City. Amending sections of the Beverly Hills Municipal Code to zone for a variety of special needs housing uses will meet several of the stated objectives, standards, goals, and policies of the General Plan. The Amendments will further protect the identity of residential neighborhoods by creating certain objective standards for specific types of housing uses, which will further the public interest, health, safety, morals, peace, comfort, convenience, or general welfare.

Docusign Envelope ID: 07EEEC36-BF9B-47AF-B335-1DEF9029D885 5 Section 6. The Planning Commission does hereby recommend to the City Council the adoption of an ordinance approving and enacting the proposed Amendments substantially as set forth in Exhibit A, which is attached hereto and incorporated herein by reference. //
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Docusign Envelope ID: 07EEEC36-BF9B-47AF-B335-1DEF9029D885 6 Section 7. The Secretary of the Planning Commission shall certify to the passage, approval, and adoption of this resolution, and shall cause this resolution and his/her Certification to be entered in the Book of Resolutions of the Planning Commission of the City.

Adopted: October 15, 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: 07EEEC36-BF9B-47AF-B335-1DEF9029D885 7 EXHIBIT A
Docusign Envelope ID: 07EEEC36-BF9B-47AF-B335-1DEF9029D885 [DRAFT] ORDINANCE NO. 24-O-____

AN ORDINANCE OF THE CITY OF BEVERLY HILLS

AMENDING BEVERLY HILLS MUNICIPAL CODE
REGULATIONS FOR EMERGENCY SHELTERS; FAMILY,

SINGLE HOUSEKEEPING UNITS AND SINGLE-FAMILY
RESIDENCES; COMMUNITY CARE FACILITIES;
TRANSITIONAL OR SUPPORTIVE HOUSING;

REPLACEMENT UNITS FOR PARCELS IN THE SITES

INVENTORY OF THE HOUSING ELEMENT, AND MAKING A

DETERMINATION OF EXEMPTION UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS DOES ORDAIN AS FOLLOWS:

Section 1. During the City’s Housing Element Update Review process for the 6th cycle planning period from 2021 to 2029, the California Department of Housing and Development (HCD) directed the City to: update the Beverly Hills Municipal Code (BHMC) definitions for “One-Family or Single-Family Residence or Dwelling” and “Single Housekeeping Unit”; clarify zoning districts that accommodate “Group Homes or Residential Care Facilities” and “Transitional Housing and Supportive Housing” to address housing constraints on persons with disabilities; address the replacement housing requirements for the sites inventory of the Housing Element; and to amend emergency shelter regulations in compliance with state law; Section 2. On October 15, 2024, the Planning Commission held a duly noticed public hearing to discuss the proposed Amendments to the BHMC pertaining to regulations for a variety of specialty housing types and state law requirements, after which it adopted Resolution No. 2073 recommending that the City Council adopt the proposed changes to implement Housing Element Implementation Programs 11.1, 11.5, and 11.7 (collectively, the “Amendments”). On Docusign Envelope ID: 07EEEC36-BF9B-47AF-B335-1DEF9029D885 _________________, the City Council held a duly noticed public hearing, received public testimony, and thereafter introduced this Ordinance.

Docusign Envelope ID: 07EEEC36-BF9B-47AF-B335-1DEF9029D885 Section 4. The Amendments were assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The Planning Commission recommends that the City Council find the ordinance is exempt from CEQA because it can be seen with certainty that there is no potential for such ordinance to have a significant adverse effect on the environment pursuant to CEQA Guidelines Section 15061(b)(3). Section 15061(b)(3) of Title 14 of the California Code of Regulations states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The Amendments do not authorize construction and make minor changes to existing standards and land use limitations that apply to existing uses permitted in residential zones in the City, and allow uses that are consistent with the residential uses currently permitted in such zones. Therefore, it can be seen with certainty that the draft ordinance has no potential to cause a significant effect on the environment and the Amendments are categorically exempt from further review under CEQA pursuant to Section 15061(b)(3), in addition to Section 15305 of Title 14 of the California Code of Regulations, for minor alterations in land use regulations.

Section 5. The Amendments are consistent with the objectives, principles, and standards of the General Plan. The Housing Element of the General Plan sets forth Goal H2 – Housing Supply and Diversity, which calls for the provision of a variety of housing types and adequate affordable housing supply. Similarly, Goal H3 – Fair Housing and Special Needs Residents promotes equal housing opportunities for all residents, especially persons with disabilities, homeless, and those at risk of homelessness. The Housing Element Implementation Programs 11.1, 11.5 and 11.7 specifically require updates and revisions to the zoning code to remove constraints on persons with disabilities and provide adequate zones for special needs Docusign Envelope ID: 07EEEC36-BF9B-47AF-B335-1DEF9029D885 housing uses. General Plan Land Use (LU) Policy 5.1 - Neighborhood Conservation calls for the maintenance of the uses, densities, character, amenities, and quality of the City’s residential neighborhoods, recognizing their contribution to the City’s identity, economic value, and quality of life. LU Policy 13.8 – Residential Care Facilities encourages the development of senior daycare facilities, assisted living facilities, hospice, child care, and other residential care facilities in appropriate areas throughout the City. Amending sections of the Beverly Hills Municipal Code to zone for a variety of special needs housing uses will meet several of the stated objectives, standards, goals, and policies of the General Plan. The Amendments will further protect the identity of residential neighborhoods by creating certain objective standards for specific types of housing uses, which will further the public interest, health, safety, morals, peace, comfort, convenience, or general welfare.

No individual or household may be denied emergency shelter because of an inability to pay. An emergency shelter may include other interventions including, but not limited to, a navigation center, bridge housing, and respite and recuperative care.” Docusign Envelope ID: 07EEEC36-BF9B-47AF-B335-1DEF9029D885 Section 7. The definition of “Family” in Section 10-3-100 (Words Defined) in Article 1 (Definitions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows, with all other definitions in Section 10-3-100 remaining in place without amendment:
“FAMILY: One (1) or more persons living together as a single housekeeping unit in a single dwelling unit. Family also means the persons living together in a licensed residential community care facility, as that term is defined in California Health And Safety Code section 1502(a)(1).”
Section 8. The definition of “One-Family or Single-Family Residence or Dwelling” in Section 10-3-100 (Words Defined) in Article 1 (Definitions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows, with all other provisions in Section 10-3-100 remaining in place without amendment:
“ONE-FAMILY OR SINGLE-FAMILY RESIDENCE OR DWELLING: "One-family residence or dwelling" shall mean a building, together with any accessory buildings, which is designed or used by only one single housekeeping unit (as defined in this section 10-3- 100), including supportive and transitional housing providing accommodations for six or fewer employees pursuant to California Health and Safety Code Section 17021.5. "Singlefamily residence or dwelling" shall have the same meaning as "one-family residence or dwelling".”
Section 9. The definition of “Single Housekeeping Unit” in Section 10-3-100 (Words Defined) in Article 1 (Definitions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the Docusign Envelope ID: 07EEEC36-BF9B-47AF-B335-1DEF9029D885 BHMC is hereby amended to read as follows, with all other provisions in Section 10-3-100 remaining in place without amendment:
“SINGLE HOUSEKEEPING UNIT: One or more persons jointly occupying a single dwelling unit, and living together as a functional equivalent of a family as evidenced by any combination of the following: where the adult residents share expenses for food or rent; the residents share household responsibilities and activities, which may include, expenses, chores, eating evening meals together; the residents participate in recreational activities; the residents have close social, economic and psychological commitments to each other.”
Section 10. The definition of “Community Care Facility, Large” in Section 10-3-100 (Words Defined) in Article 1 (Definitions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows, with all other provisions in Section 10-3-100 remaining in place without amendment:
“RESIDENTIAL COMMUNITY CARE FACILITY, LARGE: Any State licensed facility, including a family home, or group care facility or similar facility that provides living accommodations and 24-hour nonmedical residential care, day treatment, adult daycare, or foster agency services such as personal services, supervision or assistance essential for sustaining the activities of daily living or the protection of the individual, for seven (7) or more adults, children, or adults and children, as defined in California Health and Safety Code section 1502.”
Section 11. The definition of “Community Care Facility, Small” in Section 10-3-100 (Words Defined) in Article 1 (Definitions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) Docusign Envelope ID: 07EEEC36-BF9B-47AF-B335-1DEF9029D885 of the BHMC is hereby amended to read as follows, with all other provisions in Section 10-3-100 remaining in place without amendment:
“RESIDENTIAL COMMUNITY CARE FACILITY, SMALL: Any State licensed facility, including a family home, or group care facility or similar facility that provides living accommodations and 24-hour nonmedical residential care for persons in need of day treatment, adult daycare, or foster agency services, such as personal services, supervision or assistance essential for sustaining the activities of daily living or the protection of the individual, for six (6) or fewer adults, children, or adults and children, as defined in California Health and Safety Code section 1502.”
Section 12. The definition of “Supportive Housing” in Section 10-3-100 (Words Defined) in Article 1 (Definitions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows, with all other provisions in Section 10-3-100 remaining in place without amendment:
“SUPPORTIVE HOUSING: Housing with no limit on length of stay, that is occupied by the target population as identified in state law, and that is linked to on site or off site services that assist the supportive housing residents in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community 2.”
Section 13. The definition of “Supportive Services” has been added in Section 10-3-100 (Words Defined) in Article 1 (Definitions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC in between the definitions of “Supportive Housing” and “Synthetic Turf” to read as follows, with all other provisions in Section 10-3-100 remaining in place without amendment:

Docusign Envelope ID: 07EEEC36-BF9B-47AF-B335-1DEF9029D885 “SUPPORTIVE SERVICES: Services would include, but are not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy.” Section 14. The definition of “Target Population” in Section 10-3-100 (Words Defined) in Article 1 (Definitions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows, with all other provisions in Section 10-3-100 remaining in place without amendment:
“TARGET POPULATION: Target population has the same meaning as set forth in Government Code Section 65582(j), as amended from time to time.” Section 15. The definition of “Transitional Housing” in Section 10-3-100 (Words Defined) in Article 1 (Definitions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows, with all other provisions in Section 10-3-100 remaining in place without amendment:
“TRANSITIONAL HOUSING: Buildings configured as rental housing developments but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time, which shall be no less than six (6) months from the beginning of the assistance.”
Section 16. The footnotes in Section 10-3-100 (Words Defined) in Article 1 (Definitions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows, with all other provisions in Section 10-3-100 remaining in place without amendment:

Docusign Envelope ID: 07EEEC36-BF9B-47AF-B335-1DEF9029D885 1 1. GOV § 12900 et seq.
2 1. GOV § 65582.
3 2. HSC § 50675.14(b)(3).

The special needs housing overlay zone shall apply in the R-4 zone to those sites that satisfy all of the following criteria:

A. The project site is located in an area with four- or five- story height limits; and B. The project site is located adjacent to commercially zoned areas; and C. The project site is separated from adjacent commercial areas by an alley; and D. The project site is located on a street greater than thirty feet (30') in width.” Docusign Envelope ID: 07EEEC36-BF9B-47AF-B335-1DEF9029D885 Section 19. Section 10-3-1272 in Article 12.7 (Special Needs Housing Overlay Zone) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-1272: DEVELOPMENT STANDARDS:

The following uses shall be permitted in the special needs housing overlay zone only if authorized by a conditional use permit issued pursuant to the provisions of article 38 of this chapter:

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

Docusign Envelope ID: 07EEEC36-BF9B-47AF-B335-1DEF9029D885 “10-3-1275: STANDARDS FOR EMERGENCY SHELTERS:

Emergency shelters shall be allowed as a permitted use in the special needs housing overlay zone provided that the following development and operational standards are met:

A. Maximum Occupancy: The maximum number of occupants to be served nightly shall not exceed fifty (50).

B. Location: A minimum distance of three hundred feet (300’) shall be maintained from any other emergency shelter.

C. Length of Stay: The maximum stay at the facility shall not exceed ninety (90) days in a three hundred sixty five (365) day period.

Docusign Envelope ID: 07EEEC36-BF9B-47AF-B335-1DEF9029D885 2) Security personnel shall be provided during operational hours whenever clients are on the site and when people are waiting outside the facility.

A. Supportive housing shall be approved ministerially in non-residential zones upon meeting all of the following criteria:

1. Units within the development are subject to a recorded affordability restriction for 55 years.

Docusign Envelope ID: 07EEEC36-BF9B-47AF-B335-1DEF9029D885

4. Non-residential floor area shall be used for on-site supportive services in the following amounts:

5. For a development with 20 or fewer total units, at least 90 square feet shall be provided for onsite supportive services.

Docusign Envelope ID: 07EEEC36-BF9B-47AF-B335-1DEF9029D885

8. Units within the development, excluding manager unit(s), include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.

B. Supportive housing located in multifamily or mixed use zones shall comply with all restrictions and objective development standards applicable to the underlying zone.

1. The name of the proposed entities that will provide supportive services.

2. The proposed funding sources for the services provided.

Docusign Envelope ID: 07EEEC36-BF9B-47AF-B335-1DEF9029D885 A. A zoning clearance issued by the Director of Community Development shall be required for the establishment of a large community residential care facility and shall be issued ministerially upon verifying that all of the following criteria have been satisfied:

1. The proposed facility shall submit an operational and management plan with the following information:
i. Name of the applicant and operator;
ii. License and permit history of the applicant, including if the applicant is currently operating a similar use in the city or another city, county, or state under license, and/or if applicant has had such license and/or permit revoked or suspended, and the reason therefore;
iii. A list of addresses of all facilities similar to that for which a permit is requested in the State of California that are owned or operated by the applicant within the past five (5) years and whether such facilities have been found by state or local authorities to be operating in violation of state or local law;
iv. Maximum number of persons per bedroom;
v. Maximum number of occupants;
vi. Typical length of stay;
vii. Any rules of conduct applicable to occupants;
viii. Parking provided for the facility;
Docusign Envelope ID: 07EEEC36-BF9B-47AF-B335-1DEF9029D885 ix. Hours of operation;
x. Services provided;
xi. Current license information;
xii. Phone number or other contact information;
xiii. The names of all persons and entities with an ownership or leasehold interest in the facility, or who will participate in operation of the facility; and
xiv. Proximity to any other state licensed facilities in the city.

2. The proposed facility shall comply with the following operational standards:
i. A maximum of two residents per bedroom plus one additional resident shall be permitted.
ii. No staff, clients, guests or any other users of the facility may smoke in an area from which second hand smoke may be detected on any parcel other than the parcel upon which the facility is located. iii. Management or representatives of the operator must be available to be contacted by the City on a 24-hour, 7-day per week basis. iv. The facility shall comply with all operational requirements in section 10-3-1956 of this chapter.
v. The facility may only conduct intake or discharge services in which new residents are accepted for stay at the facility or existing residents are permitted to leave, between the hours of 9:00 AM to 6:00 PM daily.” Docusign Envelope ID: 07EEEC36-BF9B-47AF-B335-1DEF9029D885 Section 24. The title of Article 48 of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“ARTICLE 48. INCLUSIONARY AND REPLACEMENT HOUSING
REQUIREMENTS FOR RESIDENTIAL DEVELOPMENT.”
Section 25. Section 10-3-4800 (Purpose) in Article 48 (Inclusionary Housing Requirements for Residential Development) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-4800: PURPOSE:

Docusign Envelope ID: 07EEEC36-BF9B-47AF-B335-1DEF9029D885 “10-3-4801: DEFINITIONS:

As used in this article, the following terms shall have the following meanings:

ADJUSTED FOR HOUSEHOLD

SIZE APPROPRIATE FOR THE
UNIT:

1. Very low-income households, rental or for-sale
units: Thirty percent (30%) of fifty percent (50%) of
the Los Angeles County median income.

2. Low-income households, rental units: Thirty
percent (30%) of sixty percent (60%) of the Los
Angeles County median income.

3. Low-income households, for-sale units: Thirty
percent (30%) of seventy percent (70%) of the Los
Angeles County median income.

4. Moderate-income households, rental units:

Thirty percent (30%) of one hundred ten percent
(110%) of the Los Angeles County median income.

5. Moderate-income households, for sale units:

Thirty-five percent (35%) of one hundred and ten
percent (110%) of the Los Angeles County median
income.

AFFORDABLE HOUSING
TRUST FUND:

Shall have the meaning set forth in section 10-3-
4808 below.

DEVELOPER: Any person, firm, partnership, association, joint venture, corporation, or any entity or combination
of entities, which seeks city approvals for all or part of a residential development.

Docusign Envelope ID: 07EEEC36-BF9B-47AF-B335-1DEF9029D885 DEVELOPMENT AGREEMENT: An agreement entered into between the city and a developer pursuant to California Government Code
section 65864 et seq.

DIRECTOR: The city's Director of Community Development.

HCD: The California Department of Housing and
Community Development.

HUD: The United States Department of Housing and
Urban Development.

INCLUSIONARY HOUSING
AGREEMENT:

INCLUSIONARY HOUSING
PLAN:

INCLUSIONARY UNIT: A dwelling unit that will be offered for occupancy by very-low, low-, or moderate-income households,
at an affordable housing cost, pursuant to this
article.

IN-LIEU FEE: A fee paid to the city by a developer instead of providing the required inclusionary units within the
residential development.

Docusign Envelope ID: 07EEEC36-BF9B-47AF-B335-1DEF9029D885 LOW-INCOME HOUSEHOLDS: Households whose gross income is greater than fifty percent (50%) and does not exceed eighty percent
(80%) of the median income for Los Angeles
County as determined annually by HCD based on
household income data promulgated by HUD.

MARKET RATE UNITS: Those dwelling units in a residential development that are not inclusionary units or other units
reserved for moderate income, low-income, or verylow income households.

MODERATE-INCOME
HOUSEHOLDS:

PROTECTED HOUSING UNIT: Protected units are defined as those residential dwelling units that are or were:

Docusign Envelope ID: 07EEEC36-BF9B-47AF-B335-1DEF9029D885

REPLACEMENT HOUSING
UNIT:

A housing unit included in a new development to
satisfy a requirement to replace an existing or
preexisting unit demolished to enable the new
development.

RESIDENTIAL
DEVELOPMENT:

The construction, development, or subdivision of
property, including condominium conversions,
resulting in five (5) or more lots or dwelling units,
including dwelling units in mixed-use projects.

VERY-LOW-INCOME
HOUSEHOLDS:

A. Sites Inventory: Notwithstanding any other law, sites identified in the 2021-2029 Housing Element sites inventory that currently have residential uses, or within the past five years have had residential uses that have been vacated or demolished, that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low income, subject to any other form of rent or price control through a public entity’s valid exercise of its police power, or occupied by low- or very low income households, shall be subject to a policy requiring the replacement of all those units affordable to the same or lower income level as a Docusign Envelope ID: 07EEEC36-BF9B-47AF-B335-1DEF9029D885 condition of any development on the site. Replacement requirements shall be consistent with those set forth in Government Code Section 65915(c)(3).

Docusign Envelope ID: 07EEEC36-BF9B-47AF-B335-1DEF9029D885 Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, family daycare homes licensed pursuant to state law, small or large residential community care facility operating in compliance with section 10-3-2778 of this chapter, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "single-family residence", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-family residence.

Docusign Envelope ID: 07EEEC36-BF9B-47AF-B335-1DEF9029D885 Use of a single-family residence or for a single-family transient use more than twice per calendar year is prohibited.”
Section 31. Section 10-3-701 (Uses and Buildings Permitted) of Article 7 (One-Family Residential Zone (R-1.5X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-701: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.5X2 shall be erected, constructed, built, altered, enlarged, built upon, used, or Docusign Envelope ID: 07EEEC36-BF9B-47AF-B335-1DEF9029D885 occupied for any purpose except as a private one-family residence, family daycare home licensed pursuant to state law, small or large residential community care facility operating in compliance with section 10-3-2778 of this chapter, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "single-family residence", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-family residence.

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.6X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, family daycare home licensed pursuant to state law, small or large residential community residential care facility operating in compliance with section 10-3-2778 of this chapter, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "single-family residence", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-family residence. Use of a single-family residence for a single-family transient use more than twice per calendar year is prohibited.”
Docusign Envelope ID: 07EEEC36-BF9B-47AF-B335-1DEF9029D885 Section 34. Section 10-3-1001 (Uses and Buildings Permitted) of Article 10 (OneFamily Residential Zone (R-1.7X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read:
“10-3-1001: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.8X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, family daycare home licensed pursuant to state law, small or large residential community care facility operating Docusign Envelope ID: 07EEEC36-BF9B-47AF-B335-1DEF9029D885 in compliance with section 10-3-2778 of this chapter, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "single-family residence", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-family residence.

Docusign Envelope ID: 07EEEC36-BF9B-47AF-B335-1DEF9029D885 “10-3-1301: USES AND BUILDINGS PERMITTED:

Docusign Envelope ID: 07EEEC36-BF9B-47AF-B335-1DEF9029D885 Except as otherwise provided or restricted by this article, no lot, premises, building or portion thereof in the R-4-P zone shall be used for any purpose except the following:

A. Multiple-family dwelling units.

B. Retail ancillary uses that are approved by the planning commission as part of a planned development pursuant to article 18.4 of this chapter.

C. Ancillary parking facilities that are approved by the planning commission as part of a planned development pursuant to article 18.4 of this chapter.

ALLOWED USES AND PERMIT REQUIREMENTS FOR SINGLE-FAMILY

RESIDENTIAL ZONING DISTRICTS AND ZONING DISTRICT OVERLAYS Docusign Envelope ID: 07EEEC36-BF9B-47AF-B335-1DEF9029D885 P = Permitted use UP = Use permit CUP = Conditional use permit R-1 R1.X
R1.5R1.5XR1.5X2R1.6XR1.7XR1.8X
Accessory dwelling units and junior accessory
dwelling units (subject to article 50 of this
chapter)

P P P P P P P P
Single-family dwelling P P P P P P P P
Transitional and supportive housing 1:

Single-family structure P P P P P P P P
Family daycare homes, licensed pursuant to
state law

P P P P P P P P
Community residential care facility2 (state
licensed):

Small (serving 6 or fewer) P P P P P P P P
Large (serving 7 or more) P3 P3 P3 P3 P3 P3 P3 P3
Educational institutions CUP CUP4 CUP CUP4
Museums CUP CUP CUP
Public utility uses (except as provided in
section 10-3-2754 of this chapter)

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

P P P P P P P
Single-family transient use5 P5 P5 P5 P5 P5 P5 P5 P5
Notes:

1. Transitional or supportive housing is permitted in residential zones subject to the same standards as similar residential uses; therefore, if such housing is configured as a singleDocusign Envelope ID: 07EEEC36-BF9B-47AF-B335-1DEF9029D885 family residence, it is regulated as such and is subject to all regulations applied to residences in the single-family residential zone where it is located.

4. Public educational institutions only.

5. A single-family transient use of a "single-family residence" by a single housekeeping unit is permitted to commence 2 times per calendar year for each single-family residence.

Use of a single-family residence for a single- family transient use more than twice per calendar year is prohibited.

ALLOWED USES AND PERMIT REQUIREMENTS FOR MULTIPLE-FAMILY

RESIDENTIAL ZONES AND ZONING DISTRICT OVERLAYS
P = Permitted use CUP = Conditional use permit
Docusign Envelope ID: 07EEEC36-BF9B-47AF-B335-1DEF9029D885 R-4 RMCP Special
Needs
Housing
Overlay
Zone 5
R4X1R4X2R3 R4-P
Single-family dwelling P P P P P
Accessory dwelling units and junior accessory dwelling
units (subject to article 50 of this chapter)

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

Single-family structure P1 P1 P1 P1 P1
Multi-family structure P1 P1 P1 P1 P1
Family daycare homes, licensed pursuant to state law P P P P P P Emergency shelters (subject to section 10-3-1275 of this chapter)
P
Single room occupancy housing (SRO) CUP
Community residential care facilities2 (state licensed):

Small (6 or fewer) P P P P P P
Large (7 or more) P3 P3 P3 P3 P3 P3
Public library P P P
Childcare uses licensed pursuant to state law CUP CUP CUP CUP Educational institutions CUP CUP CUP CUP
Multiple-family congregate housing for the elderly or
disabled pursuant to article 12.8 of this chapter
CUP
Multiple-family housing for the elderly or disabled
pursuant to article 12.5 of this chapter

CUP CUP CUP CUP
Convenience retail uses (subject to section 10-3-1233 of this chapter)
CUP
Docusign Envelope ID: 07EEEC36-BF9B-47AF-B335-1DEF9029D885 Public parking uses CUP
Ancillary retail uses6 P
Ancillary parking facilities6 P
Notes:

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

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

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

6. If approved by the planning commission as part of a planned development pursuant to article 18.4 of this chapter.
(Ord. 17-O-2724, eff. 2-10-2017; amd. Ord. 24-O-2892, eff. 4-18-2024; Ord. 24-O-2894, eff. 6-7-2024).”
Docusign Envelope ID: 07EEEC36-BF9B-47AF-B335-1DEF9029D885 Section 41. Section 10-3-303 (Permitted And Conditionally Permitted Uses For Nonresidential Zoning Districts And Zoning District Overlays) of Article 3 (Establishment Of Zones; Permitted And Conditionally Permitted Uses) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-303: PERMITTED AND CONDITIONALLY PERMITTED USES FOR

NONRESIDENTIAL ZONING DISTRICTS AND ZONING DISTRICT OVERLAYS AND SUPPORTIVE HOUSING:

A. Permitted Uses: Uses for all nonresidential zones and zoning district overlays are listed in the article addressing each specific zone or zoning district overlay.

B. Supportive Housing: Notwithstanding any of the restrictions applicable to nonresidential zoning districts, overlays (including the Mixed Use Overlay Zone in Article 18.7 of this chapter), and specific plans, if any such zone permits multi-family or mixed use development, supportive housing shall also be permitted. Action to approve such housing shall be taken within 60 days of a complete application being filed if the project has 50 or fewer units, and action shall be taken within 120 days of a complete applicable being filed if the project has more than 50 units. Supportive housing in nonresidential zones shall be permitted pursuant to the standards in section 10-3-1277 of this chapter.”
Section 42. 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.

Docusign Envelope ID: 07EEEC36-BF9B-47AF-B335-1DEF9029D885 Section 43. 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: 07EEEC36-BF9B-47AF-B335-1DEF9029D885 Section 44. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.

Adopted:

Effective:

LESTER J. FRIEDMAN
Mayor of the City of Beverly Hills,
California
ATTEST:
_________________________(SEAL)

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. 2073 duly passed, approved and adopted by the Planning Commission of said City at a meeting of said Commission on October 15, 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: 07EEEC36-BF9B-47AF-B335-1DEF9029D885 Certificate Of Completion
Envelope Id: 07EEEC36BF9B47AFB3351DEF9029D885 Status: Completed Subject: Complete with Docusign: PC Reso 2073 - Special Needs Housing Update Ordinance.pdf Source Envelope:

Document Pages: 44 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
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10/23/2024 3:21:28 PM
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[email protected]
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Theresa M. Kaplan
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[email protected]

COMM DEV COMMISSION SPECIALIST,

CD-PLANNING
City of Beverly Hills
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Attachment 4
Special Needs Housing Overlay Map

Attachment 5
General Plan Goals and Policies

GENERAL PLAN GOALS AND POLICIES

CITY COUNCIL
NOVEMBER 19, 2024
Housing Element
Goal H1 Maintenance and Conservation. Maintain and enhance the quality and character of existing housing and residential neighborhoods.

Goal H2 Housing Supply and Diversity. Provide a variety of housing types and adequate affordable housing supply.

Goal H3 Fair Housing and Special Needs Residents. Promote equal housing opportunities for all residents; including Beverly Hills’ special needs populations, so residents have a choice of appropriate housing.

Policy H 4.1 Zone for a Variety of Housing Types. Facilitate the provision of a variety of housing types for special needs populations, including persons with disabilities, the homeless, and persons at risk of homelessness.

Implementation Program (“Imp”) 11.1: Amend the Zoning Code to address the replacement housing requirements (per AB 1397) by 2024
Imp. 11.5: Process a Municipal Code amendment in 2024 to update definitions of transitional and supportive housing and family consistent with Government Code §65582 and allow supportive housing by-right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses pursuant to Government Code §65651. • Review and amend the zoning code to revise the definition of “family” to ensure that this does not create constraints on persons with disabilities • Review and amend the zoning code to revise the regulations pertaining to group homes (also known as community care facilities) to ensure that these regulations do not create constraints on persons with disabilities and to allow group homes for 7 or more persons in all residential zones and other housing types of the same form • If additional standards for group homes are deemed necessary as part of this review, such standards shall be objective and have clear parameters for review and approval Imp. 11.7: Adopt regulations in compliance with state law and establish a program to implement the regulations within one year of adoption1 of the Housing Element Amend the emergency shelter development standards and the definition of shelter. The amendments will identify a zone(s) that allows residential sufficient capacity without discretionary review to meet the need for emergency shelters, including proximity to transportation and homeless shelters and appropriate development standards, which include but are not limited to parking requirements, pursuant to Government Code §65583(a)(4)(A)(2). 1 The version of the 2021-2029 Housing Element that was certified by HCD was adopted on March 18, 2024. Therefore, the actions outlined in Imp. 11.7 must be completed by the deadline of March 18, 2025.

Land Use (LU) Element
Policy LU 3.2 Fair Share of Regional Housing Needs. 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 5.2 Infill and Replacement Housing. Accommodate new and renovated housing within existing neighborhoods that is consistent with contextual parcel sizes, densities, built form and scale.

Policy LU 13.1 Adequate Community-Supporting Uses. Seek to ensure that adequate public and private community-supporting facilities and services are located throughout the City.

Policy LU 13.8 Residential Care Facilities. Encourage the development of senior daycare facilities, assisted living facilities, hospice, child care, and other residential care facilities in appropriate areas throughout the City.

Policy LU 16.1 Breadth of Community-Serving Uses. Accommodate a diversity of uses and facilities that provide culture, education, health, religious and social well-being, such as libraries, museums, arts exhibition and performance venues, parks and recreation centers, and community meeting rooms.

Policy LU 16.2 Non-City Agency Services. Work with school districts, regional agencies, health and social service providers, nonprofit organizations, and other agencies to ensure that adequate education, social, and health services are provided for and are accessible to residents, and that such facilities are located and designed to complement the quality of the City's neighborhoods and districts.

Beverly Hills City CouncilNovember 19, 2024

Beverly Hills City Council
November 19, 2024