Item F-2 Agenda Report — Beverly Hills City Council, June 17, 2025

AGENDA REPORT
Meeting Date: June 17, 2025
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 EXTENDING INTERIM URGENCY ORDINANCE NO. 25-O-2913 AMENDING

SINGLE-FAMILY RESIDENTIAL DEVELOPMENT REGULATIONS

AND OBJECTIVE STANDARDS FOR TWO-PRIMARY UNIT

PROJECTS AND URBAN LOT SPLITS AND DECLARING THE

URGENCY THEREOF
Attachments: 1. Draft Ordinance

2. Ordinance No. 25-O-2913

3. Public Correspondence

RECOMMENDATION
Pursuant to Government Code Section 65858, staff recommends the City Council adopt an interim urgency ordinance entitled: “AN ORDINANCE OF THE CITY OF BEVERLY HILLS EXTENDING INTERIM URGENCY ORDINANCE NO. 25-O-2913 AMENDING

SINGLE-FAMILY RESIDENTIAL DEVELOPMENT REGULATIONS AND OBJECTIVE

STANDARDS FOR TWO-PRIMARY UNIT PROJECTS AND URBAN LOT SPLITS AND DECLARING THE URGENCY THEREOF” (Attachment 1), for an additional 10 months and 15 days beyond its current June 20, 2025 expiration date.

INTRODUCTION
On May 6, 2025, the City Council adopted Ordinance No. 25-O-2913 (Attachment 2), an interim urgency ordinance to update zoning regulations on an interim basis to implement Meeting Date: June 17, 2025

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Senate Bill (SB) 91 which was recently updated by SB 450. The interim urgency ordinance took effect immediately upon adoption for an initial 45-day period pursuant to Government Code Section 65858, which will expire on June 20, 2025 unless extended by the City Council. This report recommends the City Council extend the ordinance for an additional 10 months and 15 days pursuant to state law. The interim urgency ordinance updated the objective standards applicable to SB 9 projects that are codified in Article 49 of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code (BHMC), other single-family residential development standards (Article, 24, 25, and 26), subdivision standards, and other requirements. These updates brought the standards for SB 9 projects into compliance with the recent change to state law, which includes a requirement that jurisdictions apply the same development regulations to SB 9 projects that uniformly apply to all development in the underlying zone. In addition, the urgency ordinance requires that the City's Building Official review any proposed SB 9 project located in the Very High Fire Hazard Severity Zone (VHFHSZ) to determine whether there is a specific, adverse impact to public health and safety.

DISCUSSION
SB 9 Provisions
SB 92 is a state law signed by Governor Gavin Newsom on September 16, 2021 that requires local agencies to ministerially approve urban lot splits and the development of a two-primary unit project, which effectively allows up to four residential units per singlefamily residential lot. SB 9 allows the creation of additional housing units through either the development of additional units on an existing single-family residential lot, or the creation of new lots through an urban lot split, on which new units can be constructed. In 2024, the state legislature adopted SB 450, effective on January 1, 2025, which made changes to the provisions of SB 9 and the way that jurisdictions are able to impose objective standards. Ordinance No. 25-O-2913 brings the standards for SB 9 projects into compliance with the updates to state law on an interim basis while the City considers permanent regulations.

The adopted urgency ordinance includes findings demonstrating that adoption of the ordinance is necessary because limited wildfire evacuation routes present a threat to public health and safety in the VHFHSZ and the increasing likelihood of wildfire poses an immediate threat to public safety and welfare. If SB 9 projects create additional lots through urban lot splits, this results in the need for additional curb cuts for driveways to provide access for vehicles. Such curb cuts will be utilized as egress points by vehicles during wildfire evacuations and will create further cumulative vehicular congestion on the limited evacuation routes. The Beverly Hills Fire Department (BHFD) has noted that more cars on the roadways presents a greater risk to public safety, as this can result in longer evacuation times. In the event of a wildfire starting in the northern area of the VHFHSZ and spreading south, which is consistent with historical fire patterns, the evacuation routes become more limited, with the only feasible movement on the evacuation routes to the 1 Please note that this report refers to “SB 9 Projects” to mean a two-primary unit project and an urban lot split. The draft interim urgency ordinance removes this reference, and instead replaces it with the aforementioned terms and references to state law code sections, however, for ease of reference and understanding in this report, the “SB 9 Project” term is used. 2 SB 9 is codified as Government Code Sections 65852.21 and 66411.7.

Meeting Date: June 17, 2025

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south towards Sunset Boulevard. Given the limitations of the designated evacuation routes in the VHFHSZ, the development of additional housing units or urban lot splits in the VHFHSZ and associated increase in vehicle use could likely exacerbate a public health and safety risk of delayed evacuation during a wildfire event. As discussed by the City Council at their May 6, 2025 public hearing and in the findings of the interim urgency ordinance, the adoption of the interim urgency ordinance addressed these immediate public health and safety concerns.

Status of Interim Ordinance Studies
Pursuant to Government Code Section 65858, this report provides an update on the measures taken to alleviate the condition that required the adoption of the interim urgency ordinance. Staff continues to study how to best mitigate potential adverse impacts related to the limited evacuation routes, specifically within the VHFHSZ. In addition, the BHFD and the Beverly Hills Police Department (BHPD) are currently drafting standard operating procedures for wildfire evacuations, which will help to mitigate potential adverse impacts related to evacuation in the VHFHSZ. Related to this, the BHFD will be holding a fire evacuation drill this coming summer to help residents and firefighters prepare and practice for a real wildfire event. The BHFD is also working to adopt the VHFHSZ Map that was recently updated on March 24, 2025 by the California Department of Forestry and Fire Protection. The map is required to be adopted within 120 days by the City Council to become effective, and the Fire Department anticipates this adoption to occur in a timely manner. The BHFD continues to implement its fire inspection program, and will be expanding the inspection area to include the updated VHFHSZ area, which includes additional properties in the Central area of the city. The BHFD also continues to enforce fire code requirements in the VHFHSZ, including the enforcement of vegetation maintenance and clearance, defensible space requirements, and proactive home hardening measures, and continues to conduct community education regarding fire prevention. In addition, the Fire Chief conducted two community meetings (in May and June) to review and discuss the updated VHFHSZ map with residents. While the interim ordinance is in effect, the Planning Division will be incorporating information from BHPD and BHFD regarding their field experiences as well as gathering best practices information from other jurisdictions in implementing local SB 9 regulations, particularly from communities located in the Southern California wildland-urban interface area, to develop permanent regulations.

PUBLIC OUTREACH AND NOTIFICATION
As summarized in Table 1, this item was noticed as required per Government Code section 65858, and per the requirements set forth in BHMC §10-3-2.5, et seq. Public correspondence received is included as Attachment 3.

Meeting Date: June 17, 2025

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TABLE 3. PUBLIC NOTIFICATION TABLE
Notice Type Notice Date
Notice of Public Hearing
• Mailed Notice (500’ radius + block face;
via first class mail)
• On-Site Posted Notice
• Newspaper Notice
ο Beverly Hills Courier
ο Beverly Hills Weekly
ο Beverly Press
Not required
Not required
5/23/2025
5/29/2025
Not required

INTERIM URGENCY ORDINANCE REQUIREMENTS
Pursuant to Government Code Section 65858, a legislative body may adopt an interim urgency ordinance upon a four-fifths vote, for an initial period of 45 days. After the initial adoption and 45-day period, the legislative body may extend the effective period of the interim urgency ordinance for an additional 10-month, 15-day period. Subsequently, the ordinance effective period may be extended for a one-year period, for an overall total of two years, by a four-fifths vote. The legislative body may only adopt such ordinance if the legislative body finds that there is a current and immediate threat to the public health, safety, or welfare. Further, this report was prepared and made available on June 6, 2025, pursuant to Government Code Section 65858(d).

ENVIRONMENTAL REVIEW
The interim urgency ordinance was 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 ordinance is not considered a project under CEQA pursuant to Government Code Sections 65852.21(j) and 66411.7(n) which provide that ordinances that implement Government Code Sections 65852.21 and 66411.7, respectively, shall not be considered projects under CEQA. Staff recommends that the City Council consider finding the project exempt from CEQA for the reasons set forth above.

FISCAL IMPACT
The interim urgency ordinance would amend certain land use regulations applicable to single-family residential properties. The recommended action would extend the effective period of the urgency ordinance for a total one-year period while staff continues to study how to address the threat to public health and safety that necessitated the adoption of the ordinance. 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
-1- B0785-0001\3123559v2.doc
ORDINANCE NO. 25-O-____

AN ORDINANCE OF THE CITY OF BEVERLY HILLS
EXTENDING INTERIM URGENCY ORDINANCE NO. 25-O2913 AMENDING SINGLE-FAMILY RESIDENTIAL

DEVELOPMENT REGULATIONS AND OBJECTIVE

STANDARDS FOR TWO-PRIMARY UNIT PROJECTS AND

URBAN LOT SPLITS AND DECLARING THE URGENCY

THEREOF

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

Section 1. WHEREAS, during the 2021 legislative session, the California Legislature passed, and the Governor signed Senate Bill 9 (SB 9), which requires local agencies to ministerially approve urban lot splits and development to two residential units per single family residential lots provided the projects meet certain criteria. SB 9 became effective on January 1, 2022.

Section 2. WHEREAS, the City Council previously adopted an interim urgency ordinance (Ordinance No. 21-O-2853) in response to SB 9, as the Council found that SB 9 projects had the potential to impact the health, safety, and welfare of residents in the City, and particularly on the character of single family residential neighborhoods, the garden quality of the City, vehicular and pedestrian safety, on-street parking demand and impacts, and housing affordability.

The City Council declared that an interim urgency ordinance was required to establish objective zoning and subdivision standards for SB 9 projects in order to protect the public health, safety, and welfare to provide time for the City to develop permanent land use regulations for such projects and to ensure SB 9 does not have a detrimental impact on single family residential neighborhoods within the City. The City Council extended the interim urgency ordinance subsequently through the adoption of Ordinance Nos. 22-O-2856, and 22-O-2869. -2- B0785-0001\3123559v2.doc
Section 3. WHEREAS, On October 3, 2023, the City Council adopted Ordinance No. 23-O-2880 to create permanent regulations for SB 9 projects, which set forth objective standards for housing units and urban lot splits constructed under SB 9 provisions. These regulations were codified as Article 49 of Title 10 (Planning and Zoning), Chapter 3 (Zoning) of the Beverly Hills Municipal Code (BHMC).

Section 4. WHEREAS, in 2024, the California Legislature passed and the Governor signed SB 450, which updates certain provisions of SB 9, as codified in Government Code section 65852.21. Among other things, SB 450 requires that jurisdictions apply development regulations to SB 9 projects that uniformly apply to development in the underlying zone. As such, the existing SB 9 regulations require amendments to ensure compliance with new state law provisions and add new regulations to ensure that SB 9 projects are consistent with existing development patterns in single-family residential zones.

Section 5. WHEREAS, on January 7, 2025, two significant wildfires began burning in Los Angeles County, in close proximity to the City of Beverly Hills. These wildfires are known as the Palisades and Eaton wildfires and were historic with regard to the severity of the wildfire, destruction of structures (the majority of which were residential structures), the amount of land affected within an urbanized area, and the speed with which the destruction occurred. The Palisades fire burned 23,448 acres, and the Eaton fire burned 14,021 acres, and early estimates show economic losses at upwards of $250 billion. The Palisades fire resulted in the destruction of 6,837 structures and damaged 1,017 structures, and the Eaton fire destroyed 9,418 structures, and damaged 1,073 structures. Unfortunately, the wildfires also resulted in loss of life, with 12 people dying from the Palisades fire, and 18 people dying from the Eaton fire. In addition to the -3- B0785-0001\3123559v2.doc
destruction caused by the wildfires, the contamination and pollution to water and air resources may have longer term negative effects on public health and safety.

Section 6. WHEREAS, the risk of wildfire is increasing as weather becomes more extreme as a result of climate change. The City’s Safety Element, updated recently in 2022, identifies wildfires as “a substantial hazard to life and property in areas of Beverly Hills that are built within or adjacent to hillsides and mountainous areas commonly referred to as the Wildland Urban Interface.” In addition, the Safety Element notes that climate change weather changes and trends over time will likely include warmer temperatures, decreased precipitation, and increasing incidence of extreme weather and storms (such as the Santa Ana wind conditions), which can contribute to a greater likelihood of aggressive wildfire spread on a more frequent basis.

Section 7. WHEREAS, a large portion of the City of Beverly Hills is designated as a Very High Fire Hazard Severity Zone (VHFHSZ), which currently includes all land north of Sunset Boulevard, and additional parcels to the south of Sunset Boulevard (the majority of parcels located north of Lomitas Avenue), in the northern area of the Central Area of the City (see Exhibit A). As shown on the City’s Wildfire Evacuation Route Map (Exhibit B), the designated evacuation routes serving the VHFHSZ allow the vast majority of evacuation to move north-south, with the only designated east-west evacuation through route being Sunset Boulevard. The limited directional movement of the evacuation routes north-south in the VHFHSZ are mainly the result of the street patterns and historic development in the area due to geographic and topographic conditions, which allowed for the main, wider public rights-of-way to traverse up and down the sloped areas of the Hillside and Trousdale Estates areas, and limited or much narrower streets providing east-west access. All residents in the VHFHSZ have access to at least two evacuation routes (if on a cul-de-sac, upon exiting such cul-de-sac). The Beverly Hills Fire Department -4- B0785-0001\3123559v2.doc
(BHFD) have noted that evacuation routes are selected based on the width of the roadway and ease of access from cross streets or connecting streets. While there are portions of the designated evacuation routes that traverse east-west, each route’s ultimate connection runs north-south to a principal arterial or major collector that can accommodate the volume of traffic that would be experienced during a wildfire evacuation. Sunset Boulevard is identified as a principal arterial, and varies from 50 to 54 feet in width, with two lanes of through traffic in each direction. The second largest streets identified as evacuation routes are Coldwater Canyon Drive and Benedict Canyon Drive, which are both identified as major collector streets. These streets have widths of around 40 feet on average, and one lane of through traffic in each direction. Every other street identified on the Wildfire Evacuation Route Map in the VHFHSZ is a local street, meaning it is narrower than the designated principal arterial or major collector streets. As demonstrated during the evacuations of residents during the onset of the Palisades and Eaton wildfires, evacuation routes serving the majority of residents within an affected area must be able to accommodate a large number of vehicles at one time while still allowing for access of fire department equipment in order to allow the safe evacuation and maximum preservation of life.

Section 8. WHEREAS, SB 9 allows the creation of additional housing units through either the development of additional units on an existing single-family residential lot, or the creation of new lots through an urban lot split, on which new units can be constructed. SB 9 allows up to four units to be created, either on one existing lot or two lots created by the urban lot split. If SB 9 projects create additional lots through urban lot splits, this results in the need for additional curb cuts for driveways to provide access for vehicles. Such curb cuts will be utilized as egress points by vehicles during wildfire evacuations, and will create further cumulative vehicular -5- B0785-0001\3123559v2.doc
congestion on the limited evacuation routes. BHFD has noted that more cars on the roadways presents a greater risk to public safety, as this can result in longer evacuation times.

Section 9. WHEREAS, given the increased likelihood of wildfire affecting the City, the risks posed by the development of additional housing units through the use of SB 9 provisions and associated vehicle use on limited evacuation routes, and that existing evacuation routes that only provide north-south access, there is the potential for specific, adverse impacts in the VHFHSZ area of the city (all of the property located north of Sunset Boulevard, and majority of property north of Lomitas Avenue, Exhibit A) that could result from the development of SB 9 projects in this area. Therefore, the Building Official shall review any proposed housing development project pursuant to SB 9 in the VHFHSZ due to a preponderance of evidence that the limited wildfire evacuation routes present a threat to public health and safety, and the development of additional housing units or urban lot splits in the VHFHSZ would exacerbate or further delay evacuation during a wildfire event (see Exhibit B – Wildfire Evacuation Route Map).

Section 10. Findings. Given the conditions previously enumerated, the City Council finds that SB 9 projects will have the potential to significantly impact the character of the City's well-established single-family neighborhoods. SB 9 projects have the potential to impact the health, safety, and welfare of residents in the City, and particularly on the character of singlefamily residential neighborhoods, the garden quality of the City, vehicular and pedestrian safety, on-street parking demand and impacts, and housing affordability. In addition, there is the potential for SB 9 projects to create a specific, adverse impact that SB 9 projects present for the Very High Fire Hazard Severity Zone (VHFHSZ) area of the city, which currently includes all of the property located north of Sunset Boulevard and the majority of the property north of Lomitas Avenue. This potential for a specific, adverse impact in the VHFHSZ is due to the limited availability of east- -6- B0785-0001\3123559v2.doc
west evacuation routes to accommodate a large-scale evacuation that would occur during a wildfire event. The state law provisions governing SB 9 projects was recently updated with the adoption of SB 450. As such, the City of Beverly Hills City Council finds that there is an immediate need to update the existing objective zoning and subdivision standards for SB 9 projects to comply with new state law provisions, and in order to protect the public health, safety, and welfare. While the interim urgency ordinance is in effect, the City will study and develop permanent land use regulations for such projects to understand if regulations need to be further amended or if the single-family residential regulations also require further updates. However, the City wishes to ensure that the regulations are updated to be consistent with state law as soon as possible and to protect against development that may exacerbate wildfire evacuation risks. Therefore, on May 6, 2025 the City Council adopted Ordinance No. 25-O-2913 to ensure that the health, safety and welfare is not impacted by SB 9 projects. The interim urgency ordinance was required because of the benefit to the public, health, safety, or general welfare, and that the regulations in the ordinance are consistent with the general objectives, principles, and standards of the General Plan.

Section 11. General Plan Consistency. The draft interim urgency ordinance is consistent with the objectives, principles, and standards of the General Plan. General Plan Land Use (LU) Goal 2 – calls for development and a built environment that is sensitive to the natural setting and context. Similarly, General Plan LU Policy 2.1 – City Places: Neighborhoods, Districts, and Corridors encourages the maintenance of qualities that distinguish the City’s unique residential and business areas, including aesthetics of commercial corridors. General Plan LU Policy 5.1 - Neighborhood Conservation encourages the maintenance of the uses, densities, character, and quality of the residential neighborhoods, and LU Policy 5.7 - Neighborhood Transitions requires that the development of residential areas should assure smooth transitions in regard to scale, form, -7- B0785-0001\3123559v2.doc
and character. Additionally, LU Goal 6 – Single-Family Residential Neighborhoods encourages that the identity, scale, and character of single-family residential neighborhoods is maintained.

Similarly, LU Policy 6.1 - Neighborhood Identity specifies that new development shall be consistent with existing characteristics in single-family neighborhoods such as topography, lot size, housing scale and form, and public streetscapes. LU Policy 6.2 - Housing Character and Design requires that new housing be located and designed to conserve the distinguishing characteristics and qualities of the neighborhood context, including architectural design, relationship to street frontages, scale, massing, and property setbacks. Furthermore, the Housing Element of the General Plan includes Goal H1 – Maintenance and Conservation, which encourages the maintenance of the quality and character of existing housing and residential neighborhoods.

Section 12. Authority. Pursuant to Government Code Section 65858, the City Council may adopt, as an urgency measure, an interim ordinance that prohibits certain developments that may be in conflict with a contemplated zoning proposal that the City Council is considering, studying or intends to study within a reasonable period of time. After public notice, the City Council may extend the interim ordinance by a period of ten (10) months and fifteen (15) days, pursuant to Government Code Section 65858. Notice of the public hearing at which the City Council considered adopting this extension ordinance was duly published on May 23, 2025 in the Beverly Hills Courier, and May 29, 2025 in the Beverly Hills Weekly. On June 6, 2025, the City issued a written report describing the measures taken to date to alleviate the conditions that led to the initial adoption of the interim ordinance.

Section 14. CEQA Findings. 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 ordinance is not considered a project under CEQA pursuant to Government Code Sections 65852.21(j) and 66411.7(n) which provide that ordinances that implement Government Code Sections 65852.21 and 66411.7, respectively, shall not be considered projects under CEQA. Further, the extension of the interim urgency ordinance applies standards to development that must be treated ministerially, and any such projects would be statutorily exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3) and 15268 of Title 14 of the California Code of Regulations, as separate and independent bases for exemption.

The City Council hereby finds the project exempt from CEQA for the reasons set forth above.

Section 15. 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 16. Approval and Extension of Ordinance. This Ordinance, adopted as an interim urgency ordinance for the immediate protection of the public safety, health, and general welfare, containing a declaration of the facts constituting the urgency, and passed by a minimum -9- B0785-0001\3123559v2.doc
four-fifths (4/5) vote of the City Council, shall take effect immediately upon its adoption and shall extend the provisions of Ordinance No. 25-O-2913 for a period of ten (10) months and fifteen (15) days, through May 5, 2026. After notice pursuant to Section 65090 of the California Government Code and public hearing, the City Council may extend the effectiveness of this interim urgency ordinance for an additional one-year period, as provided in Government Code Section 65858.

Section 17. Publication. The City Clerk shall certify to the adoption of this Ordinance and shall cause this Ordinance and her certification, to be entered in the Book of Ordinances of the Council of this City.

Adopted:

Effective:

SHARONA R. NAZARIAN, PSYD
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
Ordinance No. 25-O-2913
ORDINANCE NO. 25-0-2913

AN URGENCY ORDINANCE OF THE CITY OF BEYERL Y

HILLS AMENDING SINGLE-FAMILY RESIDENTIAL

DEVELOPMENT REGULATIONS AND OBJECTIVE

STANDARDS FOR TWO-PRIMARY UNIT PROJECTS AND

URBAN LOT SPLITS

THE CITY COUNCIL OF THE CITY OF BEYERL Y HILLS DOES ORDAIN AS FOLLOWS:

Section 2. WHEREAS, the City Council previously adopted an interim urgency ordinance (Ordinance No. 21-0-2853) in response to SB 9, as the Council found that SB 9 projects had the potential to impact the health, safety, and welfare of residents in the City, and particularly on the character of single family residential neighborhoods, the garden quality of the City, vehicular and pedestrian safety, on-street parking demand and impacts, and housing affordability.

Section 3. WHEREAS, On October 3, 2023, the City Council adopted Ordinance No. 23-0-2880 to create permanent regulations for SB 9 projects, which set forth objective standards for housing units and urban lot splits constructed under SB 9 provisions. These regulations were codified as Article 49 of Title 10 (Planning and Zoning), Chapter 3 (Zoning) of the Beverly Hills Municipal Code (BHMC).

Section 5. WHEREAS, on January 7, 2025, two significant wildfires began burning in Los Angeles County, in close proximity to the City of Beverly Hills. These wildfires are known as the Palisades and Eaton wildfires and were historic with regard to the severity of the wildfire, destruction of structures (the majority of which were residential structures), the amount of land affected within an urbanized area, and the speed with which the destruction occurred. The Palisades fire burned 23,448 acres, and the Eaton fire burned 14,021 acres, and early estimates show economic losses at upwards of $250 billion. The Palisades fire resulted in the destruction of 6,837 structures and damaged 1,017 structures, and the Eaton fire destroyed 9,418 structures, and damaged 1,073 structures. Unfortunately, the wildfires also resulted in loss oflife, with 12 people dying from the Palisades fire, and 18 people dying from the Eaton fire. In addition to the -2-
B0785-0001 \3106782v2.doc
destruction caused by the wildfires, the contamination and pollution to water and air resources may have longer term negative effects on public health and safety.

Section 6. WHEREAS, the risk of wildfire is increasing as weather becomes more extreme as a result of climate change. The City's Safety Element, updated recently in 2022, identifies wildfires as "a substantial hazard to life and property in areas of Beverly Hills that are built within or adjacent to hillsides and mountainous areas commonly referred to as the Wildland Urban Interface." In addition, the Safety Element notes that climate change weather changes and trends over time will likely include warmer temperatures, decreased precipitation, and increasing incidence of extreme weather and storms (such as the Santa Ana wind conditions), which can contribute to a greater likelihood of aggressive wildfire spread on a more frequent basis.

Section 7. WHEREAS, a large portion of the City of Beverly Hills is designated as a Very High Fire Hazard Severity Zone (VHFHSZ), which currently includes all land north of Sunset Boulevard, and additional parcels to the south of Sunset Boulevard (the majority of parcels located north ofLomitas Avenue), in the northern area of the Central Area of the City (see Exhibit A). As shown on the City's Wildfire Evacuation Route Map (Exhibit B), the designated evacuation routes serving the VHFHSZ allow the vast majority of evacuation to move north-south, with the only designated east-west evacuation through route being Sunset Boulevard. The limited directional movement of the evacuation routes north-south in the VHFHSZ are mainly the result of the street patterns and historic development in the area due to geographic and topographic conditions, which allowed for the main, wider public rights-of-way to traverse up and down the sloped areas of the Hillside and Trousdale Estates areas, and limited or much narrower streets providing east-west access. All residents in the VHFHSZ have access to at least two evacuation -3-
80785-0001 \3106782v2.doc
routes (if on a cul-de-sac, upon exiting such cul-de-sac). The Beverly Hills Fire Department (BHFD) have noted that evacuation routes are selected based on the width of the roadway and ease of access from cross streets or connecting streets. While there are portions of the designated evacuation routes that traverse east-west, each route's ultimate connection runs north-south to a principal arterial or major collector that can accommodate the volume of traffic that would be experienced during a wildfire evacuation. Sunset Boulevard is identified as a principal arterial, and varies from 50 to 54 feet in width, with two lanes of through traffic in each direction. The second largest streets identified as evacuation routes are Coldwater Canyon Drive and Benedict Canyon Drive, which are both identified as major collector streets. These streets have widths of around 40 feet on average, and one lane of through traffic in each direction. Every other street identified on the Wildfire Evacuation Route Map in the VHFHSZ is a local street, meaning it is narrower than the designated principal arterial or major collector streets. As demonstrated during the evacuations of residents during the onset of the Palisades and Eaton wildfires, evacuation routes serving the majority of residents within an affected area must be able to accommodate a large number of vehicles at one time while still allowing for access of fire department equipment in order to allow the safe evacuation and maximum preservation of life.

Section 8. WHEREAS, SB 9 allows the creation of additional housing units through either the development of additional units on an existing single-family residential lot, or the creation of new lots through an urban lot split, on which new units can be constructed. SB 9 allows up to four units to be created, either on one existing lot or two lots created by the urban lot split. If SB 9 projects create additional lots through urban lot splits, this results in the need for additional curb cuts for driveways to provide access for vehicles. Such curb cuts will be utilized as egress points by vehicles during wildfire evacuations, and will create further cumulative vehicular -4-
80785-0001 \3106782v2.doc
congestion on the limited evacuation routes. BHFD has noted that more cars on the roadways presents a greater risk to public safety, as this can result in longer evacuation times.

Section 10. General Plan Consistency. The draft interim urgency ordinance is consistent with the objectives, principles, and standards of the General Plan. General Plan Land Use (LU) Goal 2 - calls for development and a built environment that is sensitive to the natural setting and context. Similarly, General Plan LU Policy 2.1 - City Places: Neighborhoods, Districts, and Corridors encourages the maintenance of qualities that distinguish the City's unique residential and business areas, including aesthetics of commercial corridors. General Plan LU Policy 5.1 - Neighborhood Conservation encourages the maintenance of the uses, densities, character, and quality of the residential neighborhoods, and LU Policy 5.7 - Neighborhood Transitions requires that the development of residential areas should assure smooth transitions in regard to scale, form, -5-
80785-0001 \3106782v2.doc
and character. Additionally, LU Goal 6 - Single-Family Residential Neighborhoods encourages that the identity, scale, and character of single-family residential neighborhoods is maintained.

Similarly, LU Policy 6.1 - Neighborhood Identity specifies that new development shall be consistent with existing characteristics in single-family neighborhoods such as topography, lot size, housing scale and form, and public streetscapes. LU Policy 6.2 - Housing Character and Design requires that new housing be located and designed to conserve the distinguishing characteristics and qualities of the neighborhood context, including architectural design, relationship to street frontages, scale, massing, and property setbacks. Furthermore, the Housing Element of the General Plan includes Goal HI - Maintenance and Conservation, which encourages the maintenance of the quality and character of existing housing and residential neighborhoods.

Section 11. Findings. SB 9 projects will have the potential to significantly impact the character of the City's well-established single-family neighborhoods. SB 9 projects have the potential to impact the health, safety, and welfare of residents in the City, and particularly on the character of single-family residential neighborhoods, the garden quality of the City, vehicular and pedestrian safety, on-street parking demand and impacts, and housing affordability. In addition, there is the potential for SB 9 projects to create a specific, adverse impact that SB 9 projects present for the Very High Fire Hazard Severity Zone (VHFHSZ) area of the city, which currently includes all of the property located north of Sunset Boulevard and the majority of the property north of Lomitas A venue. This potential for a specific, adverse impact in the VHFHSZ is due to the limited availability of east-west evacuation routes to accommodate a large-scale evacuation that would occur during a wildfire event. The state law provisions governing SB 9 projects was recently updated with the adoption of SB 450. As such, the City of Beverly Hills City Council finds that there is an immediate need to update the existing objective zoning and subdivision standards for -6-
B0785-0001 \3106782v2.doc
SB 9 projects to comply with new state law provisions, and in order to protect the public health, safety, and welfare. While the interim urgency ordinance is in effect, the City will study and develop permanent land use regulations for such projects to understand if regulations need to be further amended or if the single-family residential regulations also require further updates.

However, the City wishes to ensure that the regulations are updated to be consistent with state law as soon as possible and to protect against development that may exacerbate wildfire evacuation risks; therefore, the City Council wishes to adopt an interim ordinance that will take effect immediately to ensure that the health, safety and welfare is not impacted by SB 9 projects. The interim urgency ordinance is therefore required because of the benefit to the publict, health, safety, or general welfare, and that the regulations in the ordinance are consistent with the general objectives, principles, and standards of the General Plan.

Section 13. Urgency Ordinance Findings. The City Council finds and determines that there is an immediate threat to the public health, safety, or welfare and that urban lot splits and additional unit development pursuant to SB 9 that does not conform with the certain objective standards established by the City constitutes a threat to the public health, safety, or welfare, as described above. The City Council finds and determines that there is the potential for an immediate threat to the public health, safety, or welfare in the event of a proliferation of SB 9 projects without local regulatory standards and review of certain projects by the Building Official. • -7-
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Section 14. CEQA Findings. 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 ordinance is not considered a project under CEQA pursuant to Government Code Sections 65852.210) and 6641 l.7(n) which provide that ordinances that implement Government Code Sections 65852.21 and 66411.7, respectively, shall not be considered projects under CEQA. Further, development that would be contemplated under this ordinance must be treated ministerially, and any such projects would be statutorily exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3) and 15268 of Title 14 of the California Code of Regulations, as separate and independent bases for exemption. Staff recommends that the City Council consider finding the project exempt from CEQA for the reasons set forth above.

Section 15. The title of Article 49 (Objective Standards for Housing Projects and Urban Lot Splits in Single-Family Residential Zones Pursuant to Senate Bill 9) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
"ARTICLE 49. OBJECTIVE STANDARDS FOR TWO-PRIMARY UNIT PROJECTS AND URBAN LOT SPLITS IN SINGLE-FAMILY RESIDENTIAL ZONES" Section 16. Section 10-3-4900 (Purpose) in Article 49 (Objective Standards for Housing Projects and Urban Lot Splits in Single-Family Residential Zones Pursuant to Senate Bill 9) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
"10-3-4900: PURPOSE:

The provisions of this article establish standards and procedures for projects developed pursuant to the regulations of Government Code Sections 65 852.21 and 66411. 7 ( as originally established by Senate Bill 9 and any successor statute), including two primary -8-
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residential units constructed on a single-family residential lot and two-lot subdivision (urban lot split) projects, respectively."
Section 17. Section 10-3-4901 (Definitions) in Article 49 (Objective Standards for Housing Projects and Urban Lot Splits in Single-Family Residential Zones Pursuant to Senate Bill 9) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
"10-3-4901: DEFINITIONS:

For the purposes of this article, certain words and phrases used in this article are defined as follows:

FRONT LOT: When an urban lot split creates two lots where there was previously one lot, the lot with the most frontage on the primary street shall be considered the front lot.

PRIMARY ENTRANCE: The entrance to a residential building that serves as the main point of ingress and egress.

PRIMARY RESIDENTIAL UNIT: A residential building that serves as a main living space on a property and does not qualify as an accessory structure or accessory dwelling unit, as defined in section 10-3-100 of this chapter.

REAR LOT: When an urban lot split creates two lots where there was previously one lot, the lot with the least frontage on the primary street shall be considered the rear lot.

REAR LOT FRONT SETBACK: The front lot line of such rear lot shall be the lot line closest to the alley and/or furthest from and parallel to the primary street. The rear lot front setback shall be considered the distance between the front lot line of the rear lot and closest element of a building or structure on the site area of the rear lot.

TWO-PRIMARY UNIT PROJECT: A housing project on a single-family residential zoned property that allows up to four units to be constructed, including the construction of two primary residential units and accessory dwelling unit(s) on a single lot or on two separate lots created by an urban lot split, through a ministerial approval process. This type of project is authorized pursuant to Government Code section 65852.21 (as originally established in Senate Bill 9 by the California state senate and the Governor on September 16, 2021, and any successor statute, including Senate Bill 450, passed by the California state senate and approved by the Governor on September 19, 2024).

URBAN LOT SPLIT: A parcel map subdivision of a single-family residential parcel that creates no more than two parcels of approximately equal lot area through a ministerial approval process as permitted pursuant to Government Code section 66411. 7 ( as originally established in Senate Bill 9 by the California state senate and the Governor on September -9-
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16, 2021, and any successor statute, including Senate Bill 450, passed by the California state senate and approved by the Governor on September 19, 2024)." Section 18. Section 10-3-4902 (Applicability) in Article 49 (Objective Standards for Housing Projects and Urban Lot Splits in Single-Family Residential Zones Pursuant to Senate Bill 9) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
"10-3-4902: APPLICABILITY-;-
Notwithstanding any other provision of this Chapter and Chapter 2 of Title 10, the provisions of this Article shall apply to two-primary unit projects and urban lot splits.

Except as expressly provided in state law or in this Article, all other regulations of the underlying zone of a property developed with a two-prim_ary unit project or urban lot split shall apply, along with all other applicable regulations of chapter 2, title 10 as related to an urban lot split."
Section 19. Section 10-3-4903 (General Requirements; Covenant Required) in Article 49 (Objective Standards for Housing Projects and Urban Lot Splits in Single-Family Residential Zones Pursuant to Senate Bill 9) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
"10-3-4903: GENERAL REQUIREMENTS; COVENANT REQUIRED:

A prope11y owner seeking to complete an urban lot split, or develop a two-primary unit project on a single-family residential property and the standards in this article, shall be subject to the following general requirements, which shall be accepted and acknowledged by the property owner by signing and recording a covenant against the property. The covenant shall be supplied by the City and provide as follows:

A. The short term rental (defined as a "single-family transient use" in section 10-3-100 of this chapter) of any units and Accessory Dwelling Units (ADUs) on the site shall comply with applicable regulations for the underlying zone, as enumerated in chapter 3, title 10, and any rental of a unit built pursuant to this article shall be longer than thirty (30) dayst B. Non-residential uses on the site shall be prohibited; C. Any subsequent urban lot split of land that was previously subdivided with an urban lot split shall be prohibited;
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D. The owner of the property for which an urban lot split is proposed shall sign an affidavit stating that the owner intends to occupy one of the housing units as their principal residence for at least three years from the date of the approval of the urban lot split; and E. Compliance with underlying zoning: Any project developed pursuant to Government code section 65852.21. shall comply with the standards of this article in addition to any provision applicable to the underlying zone."
Section 20. Section 10-3-4904 (Urban Lot Split Regulations) in Article 49 (Objective Standards for Housing Projects and Urban Lot Splits in Single-Family Residential Zones Pursuant to Senate Bill 9) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
"10-3-4904: URBAN LOT SPLIT REGULATIONS:

Upon approval of a tentative parcel map or parcel map, a single-family residential lot may be subdivided into two lots, also referred to as an urban lot split as follows:

A. No lot resulting from an urban lot split shall be smaller than 1,200 square feet.

B. The two resulting lots shall be approximately equal, and no smaller than 48% or larger than 52% of the lot area of the original parcel.

C. No flag lots shall be created as a result of an urban lot split as a mechanism to avoid minimum frontage requirements if the subject property is adjacent to an alley, located on a comer, or on a through lot. If there is no alley access, or the lot is not a through lot or a comer lot, the rear lot shall comply with the definition of a flag lot in section 10-3-100 of this chapter and access to the rear lot shall be provided. If a flag lot is created, the lot width of the front lot may be reduced by the required width for a driveway to provide access to the rear lot.

D. No right-of-way dedications shall be imposed upon urban lot split projects." Section 21. Section 10-3-4905 (Maximum Number of Units) in Article 49 (Objective Standards for Housing Projects and Urban Lot Splits in Single-Family Residential Zones Pursuant to Senate Bill 9) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
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"10-3-4905: MAXIMUM NUMBER OF UNITS:

A. For projects that include an urban lot split, no more than two units may be located on a site.

B. For two-primary unit projects that do not include an urban lot split, no more than four units (the four units may be any combination of up to two primary residential units, and any ADUs and Junior ADUs allowable under state and local law) may be located on a site. The units must conform to the objective standards included in this article and as otherwise regulated by ADU or Junior ADU regulations of this chapter." Section 22. Section I 0-3-4906 (Maximum Unit Size) in Article 49 (Objective Standards for Housing Projects and Urban Lot Splits in Single-Family Residential Zones Pursuant to Senate Bill 9) of Chapter 3 (Zoning) of Title IO (Planning and Zoning) of the BHMC is hereby amended to read as follows:
"I 0-3-4906: MAXIMUM UNIT SIZE:

For any primary residential units constructed as part of an urban infill two-unit project or urban lot split, the maximum floor area shall be calculated pursuant to the limitations of the underlying zone in this chapter. The maximum cumulative floor area of the primary residential units developed on separate lots after any subdivision of lots shall not exceed the maximum cumulative floor area calculation for the site prior to the subdivision of lots."
Section 23. Section I 0-3-4907 (Maximum Unit Height) in Article 49 (Objective Standards for Housing Projects and Urban Lot Splits in Single-Family Residential Zones Pursuant to Senate Bill 9) of Chapter 3 (Zoning) of Title IO (Planning and Zoning) of the BHMC is hereby amended to read as follows:
"10-3-4907: MINIMUM UNIT SIZE:

All primary residential units constructed as part of an urban infill two-unit project or urban lot split shall have a minimum floor area pursuant to the limitations of the underlying zoning of this chapter."
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Section 24. Section 10-3-4908 (Setbacks) in Article 49 (Objective Standards for Housing Projects and Urban Lot Splits in Single-Family Residential Zones Pursuant to Senate Bill 9) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
"l 0-3-4908: SETBACKS:

A. Side and rear setbacks. Any units constructed as part of a two-primary unit project or urban lot split shall have a minimum four-foot setback from all side and rear lot lines.

B. Front setbacks shall be provided pursuant to the regulations of the underlying zoning standards of this chapter.

C. Setbacks for existing structures. No setbacks shall be required if a unit is constructed within the footprint of an existing structure on a lot." Section 25. Section 10-3-4909 (Minimum Width of Building) in Article 49 (Objective Standards for Housing Projects and Urban Lot Splits in Single-Family Residential Zones Pursuant to Senate Bill 9) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
"10-3-4909: MINIMUM WIDTH OF BUILDING:

All residential buildings, including the primary residential unit, on a site area constructed as part of a two-primary unit project or urban lot split shall have a minimum width consistent with the regulations of the underlying zone." Section 26. Section 10-3-4910 (Design of Unit) in Article 49 (Objective Standards for Housing Projects and Urban Lot Splits in Single-Family Residential Zones Pursuant to Senate Bill 9) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
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"10-3-4910: DESIGN OF UNIT:

A. Only one primary entrance of a primary residential unit built as part of an urban infill two-unit project or urban lot split shall be permitted to face the lot line from which the front setback is measured.

B. Each unit on each lot created by an urban lot split shall have a separate entrance." Section 27. Section 10-3-4911 (Parking) in Article 49 (Objective Standards for Housing Projects and Urban Lot Splits in Single-Family Residential Zones Pursuant to Senate Bill 9) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
"10-3-4911: PARKING:

A. Parking required: One parking space is required for each primary residential unit created as part of a two-primary unit project or urban lot split, unless the parcel upon which the unit is created is within one-half mile of a high-quality transit corridor or a major transit stop or there is a car share vehicle located within one block of the project.

B. Parking location restrictions:

1. Parking location shall be limited by underlying zoning of this chapter." Section 28. Section 10-3-4912 (Adverse Impact Findings) in Article 49 (Objective Standards for Housing Projects and Urban Lot Splits in Single-Family Residential Zones Pursuant to Senate Bill 9) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
"10-3-4912: ADVERSE IMPACT FINDINGS:

The building official, or his or her designee, may make a written finding to deny an urban lot split or the construction of a primary residential units as part of a two-primary unit project or urban lot split. Such findings shall be based upon the preponderance of evidence that the proposed housing development project would have a specific, adverse impact ( as defined in paragraph (2) of subdivision ( d) of Government Code Section 65589.5) upon the public health and safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. In addition, the building -14-
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official, or his or her designee shall review any urban lot split or two-primary unit project to determine if the housing development project would have a specific, adverse impact if the project is located within the California Department of Forestry and Fire Protection designated Very High Fire Hazard Severity Zone (VHFHSZ) to determine whether the proposed urban lot split or urban infill two-unit development would have a specific, adverse impact upon public health and safety."
Section 29. Section 10-2-303 (Lots) in Article 3 (Subdivision Improvements) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
"10-2-303: LOTS:

A. Zones: For the purposes of this chapter, the city shall be divided into three (3) zones as follows:

1. Northerly Zone: The northerly zone shall consist of all property lying between Sunset Boulevard and the northerly boundary of the city.

2. Southerly Zone: The southerly zone shall consist of all property lying southerly of the northerly lines of Santa Monica Boulevard and Wilshire Boulevard, together with all lots fronting on Doheny Drive.

3. Central Zone: The central zone shall consist of all property in the city not included within the northerly and southerly zones.

B. Frontage: Where a lot adjoins a primary or secondary street, it shall front on such street; otherwise, a lot shall front upon the street which parallels the long dimensions of the block. A key lot shall not be permitted unless it is established that it cannot be avoided. A double frontage lot shall not be permitted, unless the planning commission, in the exercise of its discretion, approves the same after it has been established that a double frontage lot cannot be avoided if the dimensions set forth in this section are to be secured for a majority of other lots in the same subdivision. The side lot lines of each rectangular lot, and each other lot ( so far as possible), shall be at approximate right angles to the street on which the lot fronts.

C. Large Lots: When parcels of land are subdivided into larger lots than building lots, such parcels shall be divided so as to allow for the opening and ultimate extension of adjacent local streets. When parcels are so divided, each lot indicated shall be of such size and shape as to permit any individual owner to resubdivide, giving each lot legal size, shape, and access, independent of the adjoining owners. -15-
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D. Size And Shape: Each subdivided lot shall have a depth in its longest dimension of at least one hundred fifty feet (150'), shall conform as nearly as practicable to other lots in the vicinity, and shall have its building site located, so far as possible, to prevent the rear portion of one lot from being adjacent to the front portion of another lot. In addition:

1. In the southerly zone, each lot shall have at least fifty feet ( 50') of frontage on a public street and shall have an area of at least seven thousand five hundred (7,500) square feet;

2. In the central zone, each lot shall have at least ninety feet (90') of frontage on a public street and shall have an area of at least thirteen thousand (13,000) square feet; and

3. In the northerly zone:
a. Each lot shall be compatible in shape and topography with other lots in the vicinity;
b. Each lot shall have at least one hundred feet (100') of frontage on a public street and shall have an area of at least forty three thousand five hundred sixty (43,560) square feet;
c. Each lot shall have a building site of at least four thousand (4,000) square feet, no part of which shall have a slope greater than one vertical in five (5) horizontal feet, either existing or guaranteed to be constructed under the subdivider's surety bond.

E. Notwithstanding the lot size and shape provisions for the southerly, central, and northerly zones, any lot and urban lot splits created pursuant to Government Code section 66411. 7 shall comply with the following, if less restrictive than the otherwise applicable requirements:

1. No lot shall be smaller than 1,200 square feet.

2. The two resulting lots shall be approximately equal, and no smaller than 48% or larger than 52% of the lot area of the original parcel.

3. No flag lots shall be created as a result of an urban lot split as a mechanism to avoid minimum frontage requirements if the subject property is adjacent to an alley, located on a comer, or on a through lot. If there is no alley access, or the lot is not a through lot or a comer lot, the rear lot shall comply with the definition of a flag lot in section 10-3-100 of this chapter and access to the rear lot shall be provided. If a flag lot is created, the lot width of the front lot may be reduced by the required width for a driveway to provide access to the rear lot. -

4. No right-of-way dedications shall be imposed upon urban lot split projects.

F. City Boundary: For any property located in a one-family residential zone, a lot line shall not be adjusted which would either create or expand a lot that crosses the City -16-
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boundary. Further, a lot line that is coterminous with the boundary of the City shall not be adjusted away from the City boundary.

1. Exemption: The property known as 1276 Beverly Green Drive, located on the eastern side of Beverly Green Drive, and more specifically described as: Lots 15 and 16 of Tract 11178 in the City of Beverly Hills, Los Angeles County, State of California, as per the maps recorded in map book 203, pages 49-50 of the Los Angeles County Recorder's Office, shall be exempted from the requirement in subsection E above.

G. Variances: Whenever the size of the parcel ofland to be subdivided or altered as the result of a lot line adjustment, its street and alley frontage, its contour, and its location with reference to surrounding property, are such that the requirements of this section work undue and unusual hardship, and a different size and arrangement would not result in undue detriment to surrounding property or the residents thereof, the planning commission may, in its discretion, approve a different size and arrangement of the lots in the proposed subdivision. 11
Section 30. Section 10-2-308 (Dedications) in Article 3 (Subdivision Improvements) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
11 10-2-308: DEDICATIONS:

A. As a condition of approval of a map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets, alleys, including access rights and abutters' rights, drainage, public utility easements, and other public easements. In addition, the subdivider shall improve or agree to improve all streets, alleys, including access rights and abutters' rights, drainage, public utility easements, and other public easements.

1. Notwithstanding the foregoing, no right-of-way dedications shall be imposed upon urban lot split projects.

B. Reserved strips of land controlling access to or egress from other property, or to or from any street or alley, or having the effect of restricting or damaging the adjoining property for subdivision purposes, or which will not be taxable or assessable for special improvements, shall not be permitted in any subdivision unless such reserved strips are conveyed to the city. 11
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Section 31. Section 10-3-2402 (Floor Area) in Article 24 (Single-Family Residential Development Standards for the Central Area of the City) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
"10-3-2402: FLOOR AREA:

The following minimum and maximum floor area restrictions shall apply to buildings in the Central Area of the city:

A. Minimum Restrictions: Any building that serves as the primary residential building on a site area shall have a minimum floor area of one thousand six hundred (1,600) square feet and shall have a minimum width, at its widest point, of twenty feet (20').

B. Maximum Restrictions: The cumulative floor area of all buildings located on a single site area in a single-family residential zone in the Central Area of the city, inclusive of units built as part of a two-primary unit project, shall not exceed one thousand five hundred (1,500) square feet plus forty percent ( 40%) of the site area on which those buildings are built. The maximum cumulative floor area of the primary residential units developed on separate lots after any subdivision of lots shall not exceed the maximum cumulative floor area calculation for the site prior to the subdivision of lots.

Further, if a portion of a site area is to be dedicated to the city for the purposes of establishing or enlarging a street or an alley, and such dedication is to be made in conjunction with a development approval, then, for the purposes of calculating the maximum permitted floor area for the proposed development pursuant to this section, the site area shall include that portion of the site area that is to be dedicated to the city.

However, the dedicated area shall not be included in the calculation of floor area for subsequent development, including additions to the original development.

The maximum floor area restrictions set forth in subsection B of this section may be modified by a Central Area R-1 permit issued pursuant to article 24.5 of this chapter." Section 32. Section 10-3-2405 (Rear Setbacks) in Article 24 (Single-Family Residential Development Standards for the Central Area of the City) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows, with all other provisions of this section remaining unchanged:
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"10-3-2405: REAR SETBACKS:

The rear setback of a site area located in the Central Area of the city shall equal thirty percent (30%) of the lot depth minus nine feet (9'). The rear setback for a primary residential unit built as part of an urban infill two-unit project or urban lot split, as defined in this chapter, shall be four feet ( 4 ')."
Section 33. Subsection "E" is hereby added to Section 10-3-2406 (Side Setbacks) in Article 24 (Single-Family Residential Development Standards for the Central Area of the City) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC, with all other provisions of this section remaining unchanged:
"E. Notwithstanding the foregoing, the side setback for a primary residential unit built as part of an urban infill two-unit project or urban lot split, as defined in this chapter, shall be four feet ( 4 ')."
Section 34. Section 10-3-2407 (Street Side Setbacks) in Article 24 (Single-Family Residential Development Standards for the Central Area of the City) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
"10-3-2407: STREET SIDE SETBACKS:

The street side setbacks for site areas located in the Central Area of the city shall be as shown on the "residential street setback map of the city of Beverly Hills", on file in the office of the department of building and safety.

If a street side setback for a site area is not established on the residential street setback map, then the street side setback shall be five feet (5') for those site areas located south of Santa Monica Boulevard and fifteen feet ( 15 ') for those site areas located north of Santa Monica Boulevard. Notwithstanding the foregoing, the street side setback for a primary residential unit built as part of an urban infill two-unit project or urban lot split, as defined in this chapter, shall be four feet (4')."
Section 35. Section 10-3-2416.5 (Entrance Requirements) is hereby added to Article 24 (Single-Family Residential Development Standards for the Central Area of the City) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC to read as follows:
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"10-3-2416.5: ENTRANCE REQUIREMENTS:

B. Each unit on each lot created by an urban lot split shall have a separate entrance." Section 36. Subsection "D" is hereby added to Section 10-3-2419 (Parking Requirements) in Article 24 (Single-Family Residential Development Standards for the Central Area of the City) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC, with all other provisions of this section remaining unchanged:
"D. One parking space is required for each primary residential unit built as part of an urban infill two-unit project or urban lot split, unless the parcel upon which the unit is created is within one-half mile of a high-quality transit corridor or a major transit stop or there is a car share vehicle located within one block of the project." Section 37. Section 10-3-2502 (Floor Area) in Article 25 (Single-Family Residential Development Standards for the Hillside Area of the City) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
"10-3-2502: FLOOR AREA:

The following minimum and maximum floor area restrictions shall apply to buildings in the Hillside Area of the City:

B. Maximum Restrictions: The standards set forth in this subsection shall govern the maximum cumulative floor area that may be developed on any site area within the Hillside Area. These maximum restrictions for a site are applicable to any primary residential unit built as part of a two-primary unit project or urban lot split. The maximum cumulative floor area of the primary residential units developed on separate lots after any subdivision of lots shall not exceed the maximum cumulative floor area calculation for the site prior to the subdivision of lots. -20-
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Notwithstanding any other provision of this section, an owner of a site within the Hillside Area may develop buildings or structures on that site which cumulatively contain up to four thousand five hundred (4,500) square feet of floor area even if the application of the standards set forth in this section would not permit that amount of development.

In addition, notwithstanding any other provision of this section, the cumulative floor area developed on any one site area, in combination with the floor area of all basements constructed on that site, shall not exceed fifteen thousand (15,000) square feet unless permitted by a Hillside R-1 permit issued pursuant to article 25.5 of this chapter.

Provided, however, that up to one thousand six hundred (1,600) square feet of basement garage area and up to three hundred (300) square feet of basement mechanical area shall not be included within the calculation of the floor area of a basement for the purposes of this paragraph.

1. For site areas which have no level pad, or a level pad of less than seven hundred fifty (750) square feet in area, and the average slope of the site area is twenty percent (20%) or greater, then the maximum cumulative floor area for all buildings and structures shall be twenty percent (20%) of the site area.

2. For those sites not governed by subsection Bl of this section, the maximum permitted cumulative floor area of all buildings and structures shall be calculated as follows:
a. If the area of a site is fifteen thousand (15,000) square feet or less, then the maximum permitted cumulative floor area for buildings and structures on the site shall be forty percent ( 40%) of the area of the level pad plus ten percent (10%) of the area of the slope.
b. If the area of a site is between fifteen thousand one (15,001) and twenty five thousand (25,000) square feet, then the maximum permitted cumulative floor area for buildings and structures on the site shall be thirty seven percent (3 7%) of the area of the level pad plus ten percent (10%) of the area of the slope. c. If the area of a site is between twenty five thousand one (25,001) and thirty thousand (30,000) square feet, then the maximum permitted cumulative floor area for buildings and structures on the site shall be thirty four percent (34%) of the area of the level pad plus ten percent (10%) of the area of the slope. d. If the area of a site is greater than thirty thousand (30,000) square feet, then the maximum permitted cumulative floor area for buildings and structures on the site shall be thirty one percent (31 % ) of the area of the level pad plus ten percent ( 10%) of the area of the slope.

3. If the area of a site equals or exceeds two (2) acres, the maximum cumulative floor area may exceed the limitations set forth in subsections B 1 and B2 of this section if permitted by a Hillside R-1 permit issued pursuant to article 25.5 of this chapter. -21-
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C. Additional Requirements: Notwithstanding any other ordinance or provision of this Code, a level pad area must contain a level square shaped area with minimum dimensions of twenty feet (20') per side for the level pad to be used to calculate the maximum permitted cumulative floor area of buildings and structures in the Hillside Area pursuant to subsection B of this section. "Level pad" shall have the meaning set forth in section I 0-3-100 of this chapter.

Notwithstanding any other ordinance or provision of this Code, the maximum cumulative floor area of the portion of any buildings and structures located off the existing level pad of any lot in the Hillside Area of the City shall be one thousand (1,000) square feet, unless a Hillside R-1 permit is issued pursuant to subsection 10-3-2550K of this chapter. "Level pad" shall have the meaning set forth in section 10-3-100 of this chapter, and "existing level pad" shall mean the level pad in existence on the effective date hereof (September 30, 2016).

For the purposes of this section, the maximum cumulative permitted floor area shall be calculated based upon the finished grade of the site.

Further, if a portion of a site area is to be dedicated to the City for the purposes of establishing or enlarging a street or an alley, and such dedication is to be made in conjunction with a development approval, then, for the purposes of calculating the maximum permitted floor area for the proposed development pursuant to this section, the site area shall include that portion of the site area that is to be dedicated to the City.

However, the dedicated area shall not be included in the calculation of floor area for subsequent development, including additions to the original development." Section 38. Section 10-3-2505 (Rear Setbacks) in Article 25 (Single-Family Residential Development Standards for the Hillside Area of the City) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
"10-3-2505: REAR SETBACKS:

The rear setback for site areas located in the Hillside Area shall equal fifteen percent (15%) of the lot depth or twenty feet (20'), whichever is greater. The rear setback for a primary residential unit built as part of an urban infill two-unit project or urban lot split, as defined in this chapter, shall be four feet (4')."
Section 39. Section 10-3-2506 (Side Setbacks) in Article 25 (Single-Family Residential Development Standards for the Hillside Area of the City) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
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"10-3-2506: SIDE SETBACKS:

Except as provided in this section, each side setback, including street side setbacks, for buildings in the Hillside Area shall be ten feet (10') or twelve percent (12%) of the lot width for each setback, whichever is greater. The side setback for a primary residential unit built as part of an urban infill two-unit project or urban lot split, as defined in this chapter, shall be four feet ( 4 ').

A. Street Side Setbacks: A street side setback shall be as indicated on the "residential street setback map of the city of Beverly Hills", if such setback is greater than the minimum setback otherwise required by this section.

If the street side setback is not shown on the "residential street setback map of the city of Beverly Hills" then the setback shall be governed by the provisions of this section regarding side setbacks.

Notwithstanding the foregoing, the street side setback for a primary residential unit built as part of an urban infill two-unit project or urban lot split, as defined in this chapter, shall be four feet ( 4 ').

B. Side Setback Extension: If a legally constructed existing building does not conform to the setback requirements of this section, then the building may be enlarged through the extension of the existing, nonconforming, side setback provided that the existing setback is not less than three feet (3 ') and the enlarged portion of the building does not exceed fourteen feet (14') in height.

1. Minor Accommodation: If the existing setback is not less than three feet (3 ') and the extension exceeds fourteen feet (14') in height, then the extension may be permitted by a minor accommodation permit issued pursuant to article 36 of this chapter provided that the floor area of the extension is less than one thousand (1,000) square feet and less than twenty percent (20%) of the existing floor area authorized by building permit as of September 2, 1988, and provided that the reviewing authority finds that the extension will not have an adverse impact on: a) the scale and massing of the streetscape, b) neighbors' access to light and air, c) neighbors' privacy, and d) the garden quality of the city.

2. Hillside R-1 Permit: If the existing setback is not less than three feet (3'), the extension exceeds fourteen feet (14') in height, and the area of the extension exceeds one thousand (1,000) square feet or twenty percent (20%) of the existing floor area authorized by building permit as of September 2, 1988, then the extension may be permitted by a Hillside R-1 permit issued pursuant to article 25.5 of this chapter.

C. Structures Built Into Uphill Slopes: If a building is built into an uphill slope located between the level pad and a rear property line, then the sum of the side s_etbacks for the portion of the building built into the uphill slope shall be the setbacks otherwise required by this section plus thirty percent (30%) of the lot width. Furthermore, in no case shall any side setback be less than the setback otherwise required by this section. -23-
B0785-0001 \3106782v2.doc
D. Application Of Side Setback Requirements To Existing Legally Nonconforming Side Yards: In all cases that the side setback requirements of this section are applied to construction on lots with existing legally nonconforming side setbacks, the largest setback required by this section shall be applied to the side of the lot with the largest existing side yard. 11
Section 40. Subsection 11E11 is hereby added to Section 10-3-2515 (Garage and Other Parking Requirements) in Article 25 (Single-Family Residential Development Standards for the Hillside Area of the City) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC to read as follows, with all other provisions of the section remaining unchanged:
11E. One parking space is required for each unit created as part of an urban infill two-unit project or urban lot split, unless the parcel upon which the unit is created is within onehalf mile of a high-quality transit corridor or a major transit stop or there is a car share vehicle located within one block of the project. 11
Section 41. Section 10-3-2514.5 (Entrance Requirements) is hereby added to Article 25 (Single-Family Residential Development Standards for the Hillside Area of the City) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC to read as follows:
11 10-3-2514.5: ENTRANCE REQUIREMENTS:

A. Only one primary entrance of any primary residential unit built as part of an urban infill two-unit project or urban lot split shall be permitted to face the lot line from which the front setback is measured.

B. Each unit on each lot created by an urban lot split shall have a separate entrance." Section 42. Subsection "E" of Section 10-3-2515 (Garage Entrance Requirements) of Article 25 (Single-Family Residential Development Standards for the Hillside Area of the City) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby added to read as follows, with all other sections remaining unchanged:
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"E. One parking space is required for each primary residential unit created as part of a two-primary unit project or urban lot split, unless the parcel upon which the unit is created is within one-half mile of a high-quality transit corridor or a major transit stop or there is a car share vehicle located within one block of the project." Section 43. Section 10-3-2602 (Floor Area) in Article 26 (Single-Family Residential Development Standards for the Trousdale Estates) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
"10-3-2602: FLOOR AREA:

The following minimum and maximum floor area restrictions shall apply to buildings in the Trousdale Estates:

B. Maximum Restrictions: The cumulative floor area of all buildings located on a single site area in Trousdale Estates, inclusive of units built as part of a two-primary unit project, shall not exceed one thousand five hundred (1,500) square feet plus forty percent ( 40%) of the site area on which those buildings are built. The maximum cumulative floor area of the primary residential units developed on separate lots after any subdivision of lots shall not exceed the maximum cumulative floor area calculation for the site prior to the subdivision of lots.

However, the dedicated area shall not be included in the calculation of floor area for subsequent development, including additions to the original development." Section 44. Section 10-3-2607 (Rear Setbacks) in Article 26 (Single-Family Residential Development Standards for the Trousdale Estates) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
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"10-3-2607: REAR SETBACKS:

The rear setback for site areas located in Trousdale Estates shall be ten feet (1 0'). The rear setback for a primary residential unit built as part of a two-primary unit project or urban lot split, as defined in this chapter, shall be four feet (4')." Section 45. Section 10-3-2608 (Side Setbacks) in Article 26 (Single-Family Residential Development Standards for the Trousdale Estates) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
"10-3-2608: SIDE SETBACKS:

Except as otherwise provided in this section, and except as otherwise provided in section 10-3-2606 of this chapter for street side setbacks, the side setback for site areas located in Trousdale Estates shall be five feet (5'). The side setback for a primary residential unit built as part of a two-primary unit project or urban lot split, as defined in this chapter, shall be four feet (4').

A. Exception: For those buildings located on site areas that consist of two (2) or more lots as subdivided on July 3, 1984, the side setback shall be twenty feet (20').

B. Additional Setback Required: In addition to any other side setback required, if the width of a site area exceeds one hundred feet (100'), then the side setback shall be increased by ten percent ( 10%) of the width in excess of one hundred feet ( 100').

C. Side Setback Prolongation: If a legally constructed existing building does not conform to the setback requirements of this section, the building may be enlarged through the prolongation of the existing, nonconforming, side setback provided that the existing setback is not less than three feet (3 ') and the enlarged portion of the building does not exceed fourteen feet (14') in height.

1. Trousdale R-1 Permit: If a building lawfully exceeded fourteen feet (14') in height on October 15, 1987, then a side setback prolongation authorized by this subsection C may exceed fourteen feet (14') in height if permitted by a Trousdale R-1 permit issued pursuant to article 26.5 of this chapter."
Section 46. Subsection "D" is hereby added to Section 10-3-2615 (Parking Requirements) in Article 26 (Single-Family Residential Development Standards for the Trousdale Estates) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC to read as follows, with all other sections remaining unchanged:
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"D. One parking space is required for each primary residential unit created as part of a two-primary unit project or urban lot split, unless the parcel upon which the unit is created is within one-half mile of a high-quality transit corridor or a major transit stop or there is a car share vehicle located within one block of the project." Section 47. Section 10-3-2623 (Entrance Requirements) is hereby added to Article 26 (Single-Family Residential Development Standards for the Trousdale Estates) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC to read as follows:
"10-3-2623: ENTRANCE REQUIREMENTS:

B. Each unit on each lot created by an urban lot split shall have a separate entrance." Section 48. 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 49. This Ordinance, being an interim urgency ordinance adopted as an urgency measure for the immediate protection of the public safety, health, and general welfare, containing a declaration of the facts constituting the urgency, and passed by a minimum four-fifths (4/5) vote of the City Council, shall take effect immediately upon its adoption and shall continue in effect for a period of no longer than forty-five (45) days. After notice pursuant to Section 65090 of the California Government Code and public hearing, the City Council may extend the effectiveness of this interim urgency ordinance as provided in Government Code Section 65858. -27-
80785-0001 \3106782v2.doc
Adopted: May 6, 2025
Effective: May 6, 2025
ATTEST:
~ ffit~ ·
City Cferk ~ ,
•)
APPROVED AS TO FORM:
;t,__r -__ LAURENCE S. WIENER
City Attorney
(SEAL)
SHARONA R. NAZARIAN, P
Mayor of the City of Beverly Hills,
California
APPROVED AS TO CONTENT:

EXHIBIT A: Very High Fire Hazard Severity Zone Map
EXHIBIT B: Wildfire Evacuation Route Map
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80785-0001 \3106782v2.doc

EXHIBIT A
Very High Fire Hazard Severity Zone
(VHFHSZ) Map
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B0785-0001\3106782v2.doc
Fire Hazard Severity Zones (FHSZ) in Local Responslblllty Area (LRA), as Identified by the State Fire Marshal
Mi 0
Km 0
..... -.. --. -, • L ~ {
' !
1 1 2
- Very High ... High Moderate Projection: NAD 83 California Teate Albers Scale: 1:29,000 at 11" x 17"
Government Code section 51178 requires the State Fire
Marshal to identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent r_·_-_-_-_-j Incorporated City ~ Waterbody
statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, Unzoned LRA ~ Federal Responsibility
Area (FRA)
and other relevant factors including areas where winds
have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.

Tl1e State of California and tile Dep<1rtment of Forestry arid Fire Gavin Newsom . Governor. State of California Data Sources:

I
Protection n1ake no representzitions or warranties regzirding tile accuri'tcy of data or maps Neither the State nor tlie Departn1ent sliall Wade Crowfoot. Secretc1ry for Nc1turnl Resources. CA Nc1turnl Resources Agency CAL FIRE Fire Hazcmt Seventy Zones (FHSZSRA23_3. FHSZLRA_25_1) be lic1ble under any circun1stances for any direct. special. incidenta l. Joe Tyler. Director/ Fire Cl1ief. CA Department of Forestry and Frre Protection CAL FIRE State Responsibilit y Areas iSRA25_1) or co11sequentic1I clc1mages with respect to any claim by any user or third party 0 11 account of. or arisi11g from the use of data or maps. Daniel Berlant. State Fire Marslial. CA Department of Forestry c111cl Fire Protecti on Cit,· and County bou,1claries as of 10/ 22/ 24 (CA Boa rcl of Equalin1tio11)

EXHIBIT B
Wildfire Evacuation Route Map
B0785-0001\3106782v2.doc
'°'•·; City Boundary
"'-, Evacuation Route
Parcel
Fire Hazard Severity Zone
- Very High
~ 0 125 0 25
500 1,000 2,000
Feet
1·13,120
This map Is for 1nformat1onal purposes The City of
Beverly Hills makes no representations or warranties
of any kind with respect to the accuracy of the
InformatIon or data furnished herein
Map produced by City of Beverly Hills - IT - GIS
455 N Rexford Dr. Beverly Hills, CA 90210
July 2022
05 Attachment 3
Public Correspondence
May 6, 2025
City of Beverly Hills
Room 280A, 455 North Rexford Drive
Beverly Hills, California 90210
Re: Proposed Amendments to City’s SB 9 ordinance
By email: [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Cc: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]
Dear Beverly Hills City Council,
The California Housing Defense Fund (“CalHDF”) submits this letter to flag two specific legal issues with the City’s proposed ordinance that implements SB 9 as modified by SB 450, calendared as agenda item E1 for the Council meeting of May 6, 2025.

Resulting Lot Size
The first issue is found in code section 10-3-4904(B): “The two resulting lots shall be approximately equal, and no smaller than 48% or larger than 52% of the lot area of the original parcel.”
This clearly violates Government Code, section 66411.7, subdivision (a)(1): “ The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent ofthe lot area ofthe original parcel proposed for subdivision.” (emphasis added) The law was clearly written to allow flexibility while providing that a resulting lot be no smaller than 40% of the original parcel. The law requires approximate equality in size, not exact equality. By mandating that the parcels be within 48-52% of the original parcel, the City is illegally denying the applicant the flexibility written into SB 9.

Additionally, this code provision serves no public purpose other than to hamper potential lot splits. The legislative findings provided in section 4 of SB 450 clearly indicate that the 360 Grand Ave #323, Oakland 94610
www.calhdf.org
Legislature intended the law to encourage an increase in the overall supply of housing; encourage the development of housing that is affordable to households at all income levels; remove barriers to housing production; expand homeownership opportunities; and expand the availability of rental housing. The lot size requirements of Code section 10-3-4904(B), as well as other aspects of the City’s ordinance (e.g. the minimum unit size of 1,600 square feet) clearly run counter to the Legislature’s stated intent.

Lot Splits in the Fire Zone
In addition, code section 10-3-4912 allows the City to deny SB 9 projects in the Very High Fire Hazard Severity Zone (“VHFHSZ”) (emphasis added):

The building official, or his or her designee, may make a written finding to deny an urban lot split or the construction of a primary residential units [sic] as part of a two-primary unit project or urban lot split. Such findings shall be based upon the preponderance of evidence that the proposed housing development project would have a specific, adverse impact (as defined in paragraph (2) of subdivision (d) of Government Code Section 65589.5) upon the public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. In addition, the building official, or his or her designee shall review any urban lot split or two-primary unit project to determine if the housing development project would have a specific, adverse impactifthe projectis located within the California Department of Forestry and Fire Protection designated Very High Fire Hazard Severity Zone (VHFHSZ)to determine whether the proposed urban lot split or urban infilltwo-unit development would have a specific, adverse impact upon public health and safety.

To be clear, the City must still make individualized findings based on a preponderance of the evidence that a specific project at hand would have a specific, adverse impact on public health and safety and that there is no feasible way to to mitigate that impact. (See Gov. Code, § 66411.7, subd. (d).) This means that the Building Official may not just cite the findings in the interim ordinance in order to deny projects in the VHFHSZ.

Furthermore, the City’s findings rely heavily on the need for additional curb cuts in the VHFHSZ as a reason to deny projects. This does not constitute adequate evidence to satisfy the requirements of state law. (See Ibid.) Additionally, there are ways to create lot splits that do require curb cuts: the City could choose to not require offstreet parking for the new units (Id. at subd. (e)(3)), and the residents could park on the street instead. Or, in the alternative, the two new parcels could share a driveway. In any event, the City must make individualized findings that not only would there be a specific, adverse impact on health and safety, but also that there is no feasible way to mitigate that impact. (Id. at subd. (d).) ⧫ ⧫ ⧫
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While it is laudable that the City is updating its SB 9 ordinance, the City should amend the draft ordinance to bring it into compliance with state law.

CalHDF is a 501(c)(3) non-profit corporation whose mission includes advocating for increased access to housing for Californians at all income levels, including low-income households. You may learn more about CalHDF at www.calhdf.org.

Sincerely,
Dylan Casey
CalHDF Executive Director
James M. Lloyd
CalHDF Director of Planning and Investigations
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Beverly Hills City CouncilJune 17, 2025

Beverly Hills City Council
June 17, 2025