Item E-1 Agenda Report — Beverly Hills City Council, July 1, 2025 (part 1 of 2)

AGENDA REPORT
Meeting Date: July 1, 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 AMENDING

SHORT TERM RENTAL REGULATIONS (TRANSIENT USES) FOR

SINGLE FAMILY AND MULTIFAMILY RESIDENTIAL ZONES AND

MAKING A DETERMINATION OF EXEMPTION UNDER THE

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

2. Redline BHMC Sections

3. Draft Language for Historic Property Exemption

4. Planning Commission Resolution No. 2076

5. Planning Commission Staff Report – 8/8/2024 (No attachments)

6. Planning Commission Staff Report - 11/14/2024 (No
attachments)

7. Ordinance No. 14-O-2654

8. List of Historic Landmark Properties

9. General Plan Goals and Policies

10.Public Correspondence
_________________________________________________________________________________________________________

RECOMMENDATION
Staff recommends the City Council:

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

SHORT TERM RENTAL REGULATIONS (TRANSIENT USES) FOR SINGLE

FAMILY AND MULTIFAMILY RESIDENTIAL ZONES AND MAKING A
Meeting Date: July 1, 2025

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

2. Consider and provide direction: Staff has prepared draft language in Attachment 3 to provide an exemption for historic landmarked properties. Staff requests the City Council consider and provide direction on whether such language should be added to the draft ordinance.

INTRODUCTION
This report provides information regarding a draft ordinance to modify short term rental regulations in residential zones. In single-family residential zones, short term rentals are defined as “single-family transient uses” and are permitted up to two times per year for a period less than six months. In multi-family zones, short term rentals are defined as “multifamily transient uses” as any rental of a multi-family dwelling unit for a period of less than 30 days, which are prohibited uses. While these existing regulations impose limitations on the frequency of short term rentals in single-family residential zones, it is difficult to enforce these regulations because of the documentation required to prove the occurrence of a violation.

Although short term rentals may provide flexibility for property owners who wish to lease their property and may provide a supplemental source of revenue, short term rentals have at times presented issues related to noise, disturbances due to occupancy changeover and activities (e.g. use of property for parties or large numbers of people), loss of privacy, and potential safety concerns. In addition, the current allowances for short term rentals are difficult to track and enforce, as it can be challenging to prove a violation especially if the property owner is not forthcoming with information.

The City Council previously provided direction for staff to review the short term rental regulations due to concerns over adverse impacts that have been occurring within the residentially zoned areas of the City as a result of short term rental operations. The Planning Commission previously discussed this topic at a study session on August 8, 2024 and provided direction regarding the draft ordinance. Staff returned to the Planning Commission on November 14, 2024 with a draft ordinance to prohibit short term rentals in all residential zones, establish a minimum initial lease term for residential units, and create a specific penalty schedule for violations. The Planning Commission adopted a resolution recommending the City Council to adopt the draft ordinance as presented (3-2).

Commissioner Ross and Vice Chair Wolfe voted no on the draft ordinance primarily because they disagreed with the proposed minimum initial lease term of six months for multi-family residential properties.

On January 16, 2025, the City Council held a special meeting to discuss a potential relaxation of short term rental regulations to assist with providing temporary housing accommodations for those displaced and/or impacted by the Los Angeles County Fires in neighboring jurisdictions. The City Council adopted Interim Urgency Ordinance No. 25-O2908 to allow short term rentals for a temporary period of 45 days, and the ordinance has since expired in May 2025. The draft ordinance to amend permanent short term rental regulations was originally scheduled for Council review in January but was delayed due to the City’s urgency action responsive to effects of the nearby fires.

Meeting Date: July 1, 2025

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DISCUSSION
Existing Regulations for Short Term Rentals
In 2014, the City adopted Ordinance No. 14-O-2654 (Attachment 7) to regulate the length of stay in both single-family and multi-family residential zones, referred to as transient residential uses in the BHMC, and colloquially known as short term rentals. “Short term rentals” is a general term that refers to the use of a residential property for a temporary or transient period of time, also known as vacation rentals by owner, or home share activities.

This activity generally consists of renting out a furnished house, apartment, or condominium unit, or a portion thereof, on a temporary basis to tourists who utilize this option in place of a hotel or other typical vacation accommodations. This may include temporary use of accessory features of the property, including an accessory dwelling unit or guest house, pool, or game court. This type of rental is often facilitated by online rental platforms, such as Airbnb, VRBO, Hostaway, Expedia, Trip Advisor, and Peerspace.

Single-Family Residential Zones
Currently, the BHMC defines a single-family transient use as: “Rental or lease of a singlefamily residence or accessory dwelling unit for a period of less than six (6) months”, and such use is permitted up to two times per calendar year in a single-family residence or accessory dwelling unit in each of the single-family zones. This existing regulation was intended to provide some opportunity for homeowners to host a short term rental, with a maximum allowance of up to two times per year, which intended to limit the frequency of this use and thus, limit adverse impacts that may be associated with the use. However, in practice, it has been difficult to verify compliance with these regulations.

Multi-Family Residential Zones
The BHMC defines multi-family transient use as: “Rental or lease of a multi-family dwelling unit for a period of less than thirty (30) days”, and such use is not permitted within the multi-family (R4) zone. This restriction still allows for month-to-month rental leases but prohibits the rental of a multi-family unit for any shorter period of time. Staff is aware of some leasing companies that rent out multi-family dwelling units for a month period at a time. For example, Sentral is a leasing company that specifically advertises units for traveling professionals who might be staying in a city for work or short period of time, and leases units in the city on a monthly basis. Although a minimum lease of 30 days is not generally considered a short term rental in the sense that the length of this stay is not typically used for a vacation purpose, the use of rental platforms such as Sentral may still result in fewer housing units being made available for longer-term residents of the City.

For reference, information on home occupation regulations and other types of permits that may be issued at residences can be found in the staff report from August 8, 2024 in Attachment 4. In addition, information on the current Community Preservation enforcement procedures for short term rental violations, which illuminates some of the challenges in documenting and proving a short term rental violation, can be found in Attachment 4 and the Planning Commission staff report from November 14, 2024 in Attachment 5.

Meeting Date: July 1, 2025

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Planning Commission Review
July 11, 2024 Meeting
At the July 11, 2024 Planning Commission meeting, the Commission voted to continue this item to a future hearing date as a result of a request from members of the public and due to the absence of a Commissioner at the meeting.

August 8, 2024 Discussion
At the August 8, 2024 Planning Commission meeting, the Commissioners conducted a public hearing and received information on the topic of short term rentals. Several public comments were submitted at the hearing, which noted that short term rentals may have negative impacts on the affordability and availability of multi-family residential units in the City. The Commissioners provided their comments, and requested some additional information to be presented by staff, including the number of business tax licenses for short term rentals, the minimum period for leasing enforced by other jurisdictions, and information on how many rentals in the City are for six months or less. After deliberations, the Commissioners came to a consensus and directed staff to draft an ordinance that would prohibit short term rentals in all residential zones, require a minimum initial lease term of 12 consecutive months for residential units (with the ability to revert to a month-tomonth lease after the initial term is concluded), and implement a specific penalty fee for violations of short term rental limitations. The Commission also emphasized the importance of enforcing the short term rental regulations, and supported a change to the regulations that would enable the restriction to be more easily enforced by the City.

November 14, 2024 Discussion
At the November 14, 2024 Planning Commission meeting, the Commissioners reviewed a draft ordinance prepared to reflect their direction from the previous discussion. The Commissioners generally expressed support for the proposed prohibitions and the specific penalty fee, and requested that the home occupation regulations are amended in the future to address potential impacts from certain activities. The majority of Commissioners supported the proposed minimum initial lease terms, however, two Commissioners did not support the proposed minimum six-month initial lease term for multi-family residential units because they thought there may be other scenarios where shorter lease terms may be needed. In addition, some Commissioners supported a request from a member of the public to provide an exemption from the short term rental restrictions for local historic landmark properties, but did not reach a consensus. The Planning Commission adopted a Planning Commission Resolution No. 2076 (3-2) recommending the draft ordinance to the City Council (Attachment 4), as presented.

Proposed Regulations
Staff has prepared a draft ordinance that reflects the direction provided by the Planning Commission. A summary of the proposed changes is provided below, and a redline version of the code is provided in Attachment 3.

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• Prohibit multi-family transient uses in the Mixed Use Overlay Zone and other overlays
• Update definitions of single-family and multi-family transient uses to:
ο Include short term rentals of residences or portions thereof, accessory dwelling units, accessory structures or other features of the property; ο Define transient uses as less than 12 consecutive months for single-family residential zones and less than 6 consecutive months for multi-family residential zones; however the minimum initial lease term shall not preclude the ability for a lease to revert to a month-to-month lease after the initial term has concluded
• Establish a specific fine for violations of short term rental regulations that is higher than fines for violating other code provisions, to the maximum extent allowed under state law.

Since the Planning Commission’s review, the draft ordinance has been updated to include additional language that clarifies that short term rentals are prohibited in both single-family and multi-family residential zones. Language has also been added to further clarify and make explicit the Planning Commission’s intent to require an initial minimum lease term, but that such lease term requirements shall not apply to certain types of housing such as transitional or supportive housing, in compliance with state law. 1 BHMC section 10-3-401 does not include the reference that states a single-family transient use is permitted a maximum two times per year, however all other sections listed do include this reference.

TABLE 1. PROPOSED REGULATIONS

CATEGORY BHMC CODE

SECTIONS

EXISTING

REGULATION

PROPOSED

REGULATION
Single-family
residential zones
short term rental
allowance
10-3-4011, 10-
3-406, 10-3-
501, 10-3-508,
10-3-601, 10-3-
607, 10-3-701,
10-3-704, 10-3-
801, 10-3-
805,10-3-901,
10-3-904, 10-3-
1001, 10-3-
1004, 10-3-
1101, 10-3-
1104
Short term rentals
allowed for a period
of less than 6
months, up to two
times per calendar
year
Prohibited in singlefamily residences,
accessory dwelling
unit(s) or accessory
structures, including
pools, game courts,
etc; does not prohibit
temporary rental uses
permitted by a special
events permit
Multi-family
residential zones
short term rental
allowance
10-3-1209, 10-
3-1242, 10-3-
1304, 10-3-
1503, 10-3-
1543
Short term rentals
allowed if thirty
days or more, but
rentals for fewer
days are prohibited
Prohibit multi-family
transient uses in any
multi-family zone
Mixed Use Overlay
Zone and Other
Zoning Overlays
10-3-1877;
10-3-303
No restriction Prohibition of multifamily transient uses Meeting Date: July 1, 2025

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Policy Considerations
Housing Supply and Affordability
The use of both single-family homes and multi-family housing units for short term rental purposes removes available housing units from the market, which likely affects the city’s overall long term housing supply. The cumulative effect of short term rentals may exacerbate the existing affordable housing crisis in the greater Los Angeles area and contribute to a lack of affordable housing choices and supply in the region. This is because a short term rental operation may prohibit a more permanent residency if the unit is no longer available for leasing on a yearly or longer-term basis. Short term rentals in multifamily residential zones may have a more profound effect on this issue, since these units are more affordable than single-family residences. The removal of a multi-family unit from the rental market would likely be correlated to increasing rental rates, as this simultaneously creates more demand for existing multi-family units and a lower supply.

There is some research that supports the idea that short term rentals have had a negative effect on the housing market and some aspects of the wider economy. A study conducted by McGill University1 that reviewed the economic benefits and costs of online short term rental platforms in the areas of housing impacts, tax impacts, employment impacts, and other impacts estimated that short term rentals removed 2,500 residential units from the housing market in the greater Los Angeles area. Short term rentals have also potentially resulted in higher rental rates due to their removal of housing units from the market, which was estimated to increase rents by $810 per year for the average renter household in Los Angeles. Furthermore, the study estimated that Los Angeles may have lost up to $14 Single-family
transient use
definition
10-3-100 Defined as the
rental of a singlefamily residence or
accessory dwelling
unit for a period of
less than six
months
Defined as the rental
for habitation or
exclusive use of a
single-family residence,
accessory dwelling
unit(s), or accessory
structure(s) for a period
of less than
consecutive 12 months
Multi-family
transient use
definition
10-3-100 Defined as the
rental or lease of a
multi-family
dwelling unit for a
period of less than
thirty days
Defined as the rental
for habitation or
exclusive use of a
multi-family residence,
accessory dwelling
unit(s), or accessory
structure(s) for a period
of less than 6
consecutive months in
a 12-month period
Penalty for
Violation
9-1-117 No specifically
defined penalty for
short term rentals
(only general code
violation applies)
Addition of specific
penalty for short term
rentals, with increasing
fee rates for successive
violations, per the
maximum amount
allowed under state law
Meeting Date: July 1, 2025

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million in transient occupancy taxes, and that annual wages for hotel industry workers may have been reduced as a result of lower demand for hotel stays.

In addition, a study published in 2023 in the Real Estate Economics Journal2 showed that a prohibition on short term rentals in Irvine, CA correlated to a rental price decrease of approximately 3% within two years of the prohibition becoming effective. The decline in rent was more profound for housing units that had similar property characteristics are those listed on Airbnb, and units located in areas with a higher rate of Airbnb use before the prohibition was effective. This research helps support the connection between affordability of market rate housing and the ability or inability to conduct short term rentals, with a positive impact on affordability when short term rentals are prohibited. Therefore, a prohibition on short term rentals as proposed in the draft ordinance may help to preserve affordability of the local housing market in the city.

As supported by this research, the proposed umbrella prohibition on short term rentals will allow for an easier enforcement protocol, and therefore, could potentially help reduce the overall impact of short term rentals on the housing supply.

Exemption for Local Historic Landmark Properties
During the previous Planning Commission meetings, public comment was submitted from a member of the public who currently lives in and owns a single-family residence that is also a local historic landmark. This individual requested that the Commission consider providing an exemption from the short term rental restrictions for local historic landmark properties, primarily because the rental income from a short term rental may be used to offset the costs of maintenance and repair of a historic property. While some of the Commissioners were supportive of the proposed idea, there was not majority support and no exemption was provided in the draft ordinance as recommended by the Planning Commission. As discussed by the Commission, there is currently an option for a local historic landmark property (Attachment 8 provides a list of Local Historic Landmark Properties, with single-family residences highlighted in light green) to receive a Historic Incentive Permit (HIP), which can allow deviations from existing BHMC development standards if approved (Article 32.5 of Title 10, Chapter 3 of BHMC). However, a HIP as currently written, is only intended to waive or to allow deviations from development standards, while the short term rental requirements are related to land use restrictions for a property. If the City Council decides to amend the HIP regulations to allow waivers or changes to land use regulations, then this would also allow use requests beyond just the short term rentals. Therefore, a more appropriate option if the City Council would like to provide an exception to allow short term rentals on local historic landmark properties would be to directly allow this in the code provisions for short term rentals. Staff has drafted proposed language with this exception in Attachment 3 for consideration if there is a consensus on this item.

It is also important to note that per Government code section 66315, jurisdictions may impose a required minimum rental period of 30 days or more for accessory dwelling units (ADUs), and must require a 30-day rental period for junior ADUs pursuant to Gov. code section 66233. The City’s local ADU regulations require a minimum rental period of 30 days, per BHMC §10-3-5000 A.7.b. This provision of state law is intended to ensure that ADUs provide another source of longer-term housing supply during the state-declared housing crisis. This means that if the City Council were to provide an exception for short term rentals for accessory structures on local historic landmark properties, if an ADU exists Meeting Date: July 1, 2025

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on such a property, it would still be subject to the minimum 30-day rental period unless these provisions are amended as well.

GENERAL PLAN GOALS AND POLICIES3
The General Plan includes numerous goals and policies intended to help guide development in the City. Some of the policies relevant to this topic are included as Attachment 8.

PUBLIC OUTREACH AND NOTIFICATION
The notice for this project, summarized in Table 1, was provided pursuant to the requirements set forth in BHMC §10-3-2.5, et seq. In addition, staff notified an interested parties list, and the Rent Stabilization Division’s landlord and property owner list.

TABLE 2. PUBLIC NOTIFICATION TABLE
Notice Type Notice Date
Notice of Public Hearing
• Mailed Notice (500’ radius + block face; via first class mail) Not required • On-site Posted Notice Not required
• Newspaper Notice
Beverly Hills Courier
Beverly Hills Weekly
6/6/25
6/12/25
Public Comment
Nine written comments have been submitted as of the writing of this report. One comment has requested that the ordinance include an exemption from short term rental restrictions for local historic landmark properties, in order to provide rental income to offset the cost of maintaining and repairing the property. Another comment requested an exception from the proposed short term rental prohibition of fourteen days to allow rentals during the upcoming 2028 Olympics, and the other comment requested that a shorter minimum initial lease term of three or six months is allowed for single-family residential homes due to the demand for housing, including the demand for temporary housing during the emergency fire event in Los Angeles. Additional comments received were supportive of the draft ordinance and proposed restrictions, while others requested that the minimum rental period for single-family residential zones is maintained at 30 days or a period less than 1 year such as 3 months or 6 months. Another comment provides suggested changes to the draft ordinance for the City Council to consider, including stricter penalties for violation of short term rental regulations.

At the Planning Commission meeting of November 14, 2024, several public comments were provided at the meeting. The comments included various requests for the Commissioners to consider, including: a minimum initial lease term of three months rather than six months for multi-family residential units, an exemption from the proposed short term rental prohibition for historic landmark properties, support for the proposed prohibition and regulations due to the impact of short term rentals on the affordability of housing supply, and a request for a minimum initial lease term of one-year for multi-family residential units instead of the proposed six month initial term. In addition, a written comment was submitted for the November 14, 2024 meeting, which requested that the minimum lease term for a multi-family residential unit be for one month. All written comments on this topic, including those submitted for the Planning Commission meetings have been included in Attachment 10.

Meeting Date: July 1, 2025

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

FISCAL IMPACT
The draft ordinance would amend and further restrict use regulations applicable to short term rentals, which are currently permitted on a limited basis. Therefore, no fiscal impact is anticipated as a result of this action.

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

AN ORDINANCE OF THE CITY OF BEVERLY HILLS

AMENDING SHORT TERM RENTAL REGULATIONS
(TRANSIENT USES) FOR SINGLE FAMILY AND

MULTIFAMILY RESIDENTIAL ZONES, AND MAKING A

DETERMINATION OF EXEMPTION UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

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

Section 1. During the City’s Housing Element Update Review process for the 6th cycle planning period from 2021 to 2029, the California Department of Housing and Development (HCD) directed the City to: update the Beverly Hills Municipal Code (BHMC) definitions for “One-Family or Single-Family Residence or Dwelling” and “Single Housekeeping Unit”; clarify zoning districts that accommodate “Group Homes or Residential Care Facilities” and “Transitional Housing and Supportive Housing” to address housing constraints on persons with disabilities; address the replacement housing requirements for the sites inventory of the Housing Element; and to amend emergency shelter regulations in compliance with state law; Section 2. On November 14, 2024, the Planning Commission held a duly noticed public hearing to discuss the proposed Amendments to the BHMC pertaining to short term rental regulations, also known as single-family and multi-family transient uses, after which it adopted Resolution No. 2076 recommending that the City Council adopt the proposed changes (collectively, the “Amendments”). On July 1, 2025, the City Council held a duly noticed public hearing, received public testimony, and thereafter introduced this Ordinance.

Section 3. The Amendments were assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA -2-
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Guidelines, and the environmental regulations of the City. The Planning Commission recommends that the City Council find the ordinance is exempt from CEQA because it can be seen with certainty that there is no potential for such ordinance to have a significant adverse effect on the environment pursuant to CEQA Guidelines Section 15061(b)(3). Section 15061(b)(3) of Title 14 of the California Code of Regulations states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The Amendments do not authorize construction and only involve revisions to existing standards and land use limitations for certain residential zones in the City. Therefore, it can be seen with certainty that the draft ordinance has no potential to cause a significant effect on the environment and the Amendments are categorically exempt from further review under CEQA pursuant to Section 15061(b)(3) and 15305 of Title 14 of the California Code of Regulations.

Section 4. The Amendments are consistent with the objectives, principles, and standards of the General Plan. 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, and Policy H1.5 – Conservation of Existing Rental Housing calls for preventing the loss of existing residential units. Similarly, the Housing Element sets forth Goal H2 – Housing Supply and Diversity, which calls for the provision of a variety of housing types and adequate affordable housing supply. Goal H3 – Fair Housing and Special Needs Residents promotes equal housing opportunities for all residents, especially persons with disabilities, homeless, and those at risk of homelessness. General Plan Land Use (LU) Policy 5.1 - Neighborhood Conservation calls for the maintenance of the uses, densities, character, amenities, and quality of the City’s residential neighborhoods, recognizing their contribution to the City’s identity, economic value, and quality of life. Goals LU 6 – Single-Family Residential -3-
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Neighborhoods and LU 7 – Multi-Family Residential Neighborhoods require that both singlefamily and multi-family neighborhood identities are maintained with regard to character, identity, and amenities. Amending sections of the Beverly Hills Municipal Code to limit short term rental uses in residential zones will meet several of the stated objectives, standards, goals, and policies of the General Plan. The Amendments will further protect the identity of residential neighborhoods by prohibiting potentially adverse impacts and preserving housing opportunities for a range of household types, which will further the public interest, health, safety, morals, peace, comfort, convenience, or general welfare.

Section 5. The definition of “Multi-Family Transient Use” in Section 10-3-100 (Words Defined) in Article 1 (Definitions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows, with all other definitions in Section 10-3-100 remaining in place without amendment:
“MULTI-FAMILY TRANSIENT USE: Rental or lease for habitation or exclusive use of a multi-family dwelling unit or any portion thereof, or accessory dwelling unit(s), for a period of less than 6 consecutive months within a 12-month calendar year period; or the rental of an accessory structure, or any other feature or portion of multi-family residential property including but not limited to pools, game courts, and yards. The initial minimum lease term shall not preclude a lease from reverting to a month-to-month lease after the initial term has concluded.”
Section 6. The definition of “Single-Family Transient Use” in Section 10-3-100 (Words Defined) in Article 1 (Definitions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) -4-
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of the BHMC is hereby amended to read as follows, with all other definitions in Section 10-3-100 remaining in place without amendment:
“SINGLE-FAMILY TRANSIENT USE: Rental or lease for habitation or exclusive use of a single- family residence, or accessory dwelling unit(s) of a single-family residence for a period of less than six (6) twelve (12) consecutive months; or the rental of an accessory structure, or any other feature or portion of single-family residential property including but not limited to pools, game courts, and yards. The initial minimum lease term shall not preclude a lease from reverting to a month-to-month lease after the initial term has concluded. Single-family transient uses do not include home occupation activities authorized pursuant to Section 10-3-4302 or filming and photography activities permitted pursuant to Section 4-3-101 et seq.”
Section 7. Section 10-3-401 (Uses and Buildings Permitted) of Article 4 (One-Family Residential Zone (R-1)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-401: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1 shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, family daycare homes licensed pursuant to state law, small or large residential community care facility operating in compliance with section 10-3-2778 of this chapter, or transitional or supportive housing.”
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Section 8. Section 10-3-406 (Businesses Prohibited) of Article 4 (One-Family Residential Zone (R-1)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-406: BUSINESSES PROHIBITED; MINIMUM INITIAL RENTAL PERIODS:

A. Except as provided in article 43 of this chapter, no business shall be conducted or maintained in any building or upon any lot or premises, or upon any portion of either thereof, in zone R-1. All property and buildings in zone R-1 hereby are limited to strictly private one-family residential uses except as otherwise provided in this article. A singlefamily transient use of a "single-family residence" or "accessory dwelling unit", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is prohibited in a single-family residence, accessory dwelling unit(s), or other accessory structure(s) of a single-family residence, including but not limited to pools, game courts, or yards.

B. A "single-family residence" or "accessory dwelling unit", as defined in section 10-3- 100 of this chapter, may be rented or leased (as evidenced by a written rental or lease agreement, or by evidence of occupancy for over a year), provided that the initial lease term shall be at least one year. This provision does not apply to transitional housing, emergency shelters, congregate care facilities, or supportive housing.” Section 9. Section 10-3-501 (Uses and Buildings Permitted) of Article 5 (One-Family Residential Zone (R-1.X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-501: USES AND BUILDINGS PERMITTED:
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Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, family daycare homes licensed pursuant to state law, small or large residential community care facility operating in compliance with section 10-3-2778 of this chapter, or transitional or supportive housing structured as a single-family residence.”
Section 10. Section 10-3-508 (Businesses Prohibited) of Article 5 (One-Family Residential Zone (R-1.X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-508: BUSINESSES PROHIBITED; MIMIUM INITIAL RENTAL PERIODS:

A. Except as provided in article 43 of this chapter, no business shall be conducted or maintained in any building or upon any lot or premises, or upon any portion of either thereof, in zone R-1.X. All property and buildings in zone R-1.X hereby are limited to strictly private one-family residential uses except as otherwise provided in this article. A single-family transient use of a "single-family residence" or "accessory dwelling unit", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is prohibited in a single-family residence, accessory dwelling unit(s), or other accessory structure(s) of a single-family residence, including but not limited to pools, game courts, or yards.

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.5 shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, family daycare home licensed pursuant to state law, small or large residential community care facility operating in compliance with section 10-3-2778 of this chapter, or transitional or supportive housing structured as a single-family residence.”
Section 12. Section 10-3-607 (Businesses Prohibited) of Article 6 (One-Family Residential Zone (R-1.5)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-607: BUSINESSES PROHIBITED; MINIMUM INITIAL RENTAL PERIODS:

A. Except as provided in article 43 of this chapter, no business shall be conducted or maintained in any building or upon any lot or premises, or upon any portion of either thereof, in zone R-1.5. All property and buildings in zone R-1.5 hereby are limited to strictly private one-family residential uses except as otherwise provided in this article. A single-family transient use of a "single-family residence" or "accessory dwelling unit", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is prohibited in -8-
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a single-family residence, accessory dwelling unit(s), or other accessory structure(s) of a single-family residence, including but not limited to pools, game courts, or yards.

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.5X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, family daycare home licensed pursuant to state law, small or large residential community care facility operating in compliance with section 10-3-2778 of this chapter, or transitional or supportive housing structured as a single-family residence.”
Section 14. Section 10-3-704 (Businesses Prohibited) of Article 7 (One-Family Residential Zone (R-1.5X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-704: BUSINESSES PROHIBITED; MINIMUM INITIAL RENTAL PERIODS:
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A. Except as provided in article 43 of this chapter, no business shall be conducted or maintained in any building or upon any lot or premises, or upon any portion of either thereof, in zone R-1.5X. All property and buildings in zone R-1.5X hereby are limited to strictly private one-family residential uses except as otherwise provided in this article. A single-family transient use of a "single-family residence" or "accessory dwelling unit", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is prohibited in a single-family residence, accessory dwelling unit(s), or other accessory structure(s) of a single-family residence, including but not limited to pools, game courts, or yards.

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.5X2 shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, family daycare home licensed pursuant to state law, small or large residential community care facility operating -10-
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in compliance with section 10-3-2778 of this chapter, or transitional or supportive housing structured as a single-family residence.”
Section 16. Section 10-3-805 (Businesses Prohibited) of Article 8 (One-Family Residential Zone (R-1.5X2)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-805: BUSINESSES PROHIBITED; MINIMUM INITIAL RENTAL PERIODS:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.6X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, family daycare home licensed pursuant to state law, small or large residential community residential care facility operating in compliance with section 10-3-2778 of this chapter, or transitional or supportive housing structured as a single-family residence.” Section 18. Section 10-3-904 (Businesses Prohibited) of Article 9 (One-Family Residential Zone (R-1.6X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning of the BHMC is hereby amended to read as follows:
“10-3-904: BUSINESSES PROHIBITED; MINIMUM INITIAL RENTAL PERIODS:

A. Except as provided in article 43 of this chapter, no business shall be conducted or maintained in any building or upon any lot or premises, or upon any portion of either thereof, in zone R-1.6X. All property and buildings in zone R-1.6X hereby are limited to strictly private one-family residential uses except as otherwise provided in this article. A single-family transient use of a "single-family residence" or "accessory dwelling unit", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is prohibited in a single-family residence, accessory dwelling unit(s), or other accessory structure(s) of a single-family residence, including but not limited to pools, game courts, or yards.

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.7X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, family daycare home licensed pursuant to state law, small or large residential community care facility operating in compliance with section 10-3-2778 of this chapter, or transitional or supportive housing structured as a single-family residence.”
Section 20. Section 10-3-1004 (Businesses Prohibited) of Article 10 (One-Family Residential Zone (R-1.7X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read:
“10-3-1004: BUSINESSES PROHIBITED; MINIMUM INITIAL RENTAL PERIODS:

A. Except as provided in article 43 of this chapter, no business shall be conducted or maintained in any building or upon any lot or premises, or upon any portion of either thereof, in zone R-1.7X. All property and buildings in zone R-1.7X hereby are limited to strictly private one-family residential uses except as otherwise provided in this article. A single-family transient use of a "single-family residence" or "accessory dwelling unit", as -13-
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defined in section 10-3-100 of this chapter, by a single housekeeping unit is prohibited in a single-family residence, accessory dwelling unit(s), or other accessory structure(s) of a single-family residence, including but not limited to pools, game courts, or yards.

Section 21. Section 10-3-1101 (Uses and Buildings Permitted) of Article 11 (OneFamily Residential Zone (R-1.8X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-1101: USES AND BUILDINGS PERMITTED:

A. Except as provided in article 43 of this chapter, no business shall be conducted or maintained in any building or upon any lot or premises, or upon any portion of either thereof, in zone R-1.8X. All property and buildings in zone R-1.8X hereby are limited to strictly private one-family residential uses except as otherwise provided in this article. A single-family transient use of a "single-family residence" or "accessory dwelling unit", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is prohibited in a single-family residence, accessory dwelling unit(s), or other accessory structure(s) of a single-family residence, including but not limited to pools, game courts, or yards.

Section 23. Section 10-3-1209 (Businesses Prohibited; Exceptions) of Article 12 (Multiple Residential Zone (R-4)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-1209: BUSINESSES PROHIBITED; EXCEPTIONS; MINIMUM INITIAL RENTAL PERIODS:

A. Except as provided in article 43 of this chapter, no business shall be conducted or maintained in any building or upon any lot or premises, or upon any portion of either thereof, in zone R-4, except the business of an apartment house. All property and buildings -15-
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in zone R-4 hereby are limited to residential uses, except as otherwise provided in this article. A multi-family transient use as defined in section 10-3-100 of this chapter is prohibited in a multi-family residence, or accessory dwelling unit(s), or other accessory structure(s) of a multi-family residence, including but not limited to pools, game courts, or yards.

B. A "multi-family dwelling" or "accessory dwelling unit", as defined in section 10-3-100 of this chapter, may be rented or leased (as evidenced by a written rental or lease agreement, or by evidence of occupancy for over six months), provided that the initial lease term shall be at least six months. This provision does not apply to transitional housing, emergency shelters, congregate care facilities, or supportive housing.” Section 24. A new section, “Section 10-3-1231.5 (Uses Prohibited)” is hereby added to Article 12.3 (Multiple-Family Residential-Commercial Parking Zone (RMCP)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC to read as follows:
“10-3-1231.5: USES PROHIBITED:

A "multi-family dwelling" or "accessory dwelling unit", as defined in section 10-3-100 of this chapter, may be rented or leased (as evidenced by a written rental or lease agreement, or by evidence of occupancy for over six months), provided that the initial lease term shall be at least six months. This provision does not apply to transitional housing, emergency shelters, congregate care facilities, or supportive housing.” Section 25. Section 10-3-1304 (Businesses Prohibited, Exceptions) of Article 13 (Residential Income and Multiple Dwelling Zone (R-4X1)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
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“10-3-1304: BUSINESSES PROHIBITED; EXCEPTIONS; MINIMUM INITIAL RENTAL PERIODS:

A. Except as provided in article 43 of this chapter, no business shall be conducted or maintained in any building or upon any lot or premises, or upon any portion of either thereof, in zone R-4X1 except for the business of an apartment house. All property and buildings in zone R-4X1 hereby are limited to residential uses, except as otherwise provided in this article. A multi-family transient use as defined in section 10-3-100 of this chapter is prohibited in a multi-family residence, or accessory dwelling unit(s), or other accessory structure(s) of a multi-family residence, including but not limited to pools, game courts, or yards.

Section 26. Section 10-3-1503 (Businesses Prohibited; Exceptions) of Article 15 (Multiple Residential Zone (R-3)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-1503: BUSINESSES PROHIBITED; EXCEPTIONS; MINIMUM INITIAL RENTAL PERIODS:

A. Except as provided in article 43 of this chapter, no business shall be conducted or maintained in any building or upon any lot or premises, or upon any portion of either -17-
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thereof, in zone R-3, except the business of an apartment house. All property and buildings in zone R-3 hereby are limited to residential uses, except as otherwise provided in this article. A multi-family transient use as defined in section 10-3-100 of this chapter is prohibited in a multi-family residence, or accessory dwelling unit(s), or other accessory structure(s) of a multi-family residence, including but not limited to pools, game courts, or yards.

B. A "multi-family dwelling" or "accessory dwelling unit", as defined in section 10-3- 100 of this chapter, may be rented or leased (as evidenced by a written rental or lease agreement, or by evidence of occupancy for over six months), provided that the initial lease term shall be at least six months. This provision does not apply to transitional housing, emergency shelters, congregate care facilities, or supportive housing.” Section 27. Section 10-3-1543 (Businesses Prohibited; Exceptions) of Article 15.3 (Residential Parking Zone (R-4-P)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-1543: BUSINESSES PROHIBITED; EXCEPTIONS; MINIMUM INITIAL RENTAL PERIODS:

A. Except as provided in article 43 of this chapter, no business shall be conducted or maintained in any building or upon any lot or premises, or upon any portion of either thereof, in zone R-4, except the business of an apartment house. All property and buildings in zone R-4 hereby are limited to residential uses, except as otherwise provided in this article. A multi-family transient use as defined in section 10-3-100 of this chapter is prohibited in a multi-family residence, or accessory dwelling unit(s), or other accessory -18-
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structure(s) of a multi-family residence, including but not limited to pools, game courts, or yards.

Section 28. Section 10-3-1877 (Restricted Uses) of Article 18.7 (Mixed Use (MU) Overlay Zone) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-1877: RESTRICTED USES; MIMIMUM INITIAL RENTAL PERIODS:

The following restrictions shall apply to mixed use development in the MU Overlay Zone:

A. No medical uses may be included in a mixed use development.

B. No entertainment uses including, but not limited to, cabarets, nightclubs, and adult entertainment businesses, may be included in a mixed use development.

C. Residential uses included as part of a mixed use development shall be permitted in all portions of the development regardless of the underlying zone, except that residential uses shall not be permitted within the first forty feet (40') of depth from any street-facing property line of the first floor, except as otherwise allowed through the development plan review request.

D. Commercial uses included as part of a mixed use development shall only be permitted in those portions of the development in which the underlying zone is a commercial zone -19-
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unless otherwise approved through a zone text amendment request. Further, no commercial uses shall be allowed above the third story of a mixed use development.

E. A "multi-family dwelling" or "accessory dwelling unit", as defined in section 10-3- 100 of this chapter, may be rented or leased (as evidenced by a written rental or lease agreement, or by evidence of occupancy for over six months), provided that the initial lease term shall be at least six months. This provision does not apply to transitional housing, emergency shelters, congregate care facilities, or supportive housing.

F. The planning commission shall have authority through conditions imposed on a development plan review permit to prohibit uses not specified herein, on a use by use basis, if it finds that the proposed uses will have a significant adverse impact on adjacent uses, or will not promote harmonious development of the area.”
Section 29. Section 10-3-302 (Permitted And Conditionally Permitted Uses For Residential Zoning Districts And Zoning District Overlays) of Article 3 (Establishment Of Zones; Permitted And Conditionally Permitted Uses) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“The following charts establish permitted uses and conditionally permitted uses in all residential zoning districts and zoning district overlays:

A. Single-Family Residential Zones: Except as otherwise provided in this article, no lot, premises, building or portion thereof in a single-family residential zone shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except:
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ALLOWED USES AND PERMIT REQUIREMENTS FOR SINGLE-FAMILY

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

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

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

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

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

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

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

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

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

4. Public educational institutions only.

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

ALLOWED USES AND PERMIT REQUIREMENTS FOR MULTIPLE-FAMILY

RESIDENTIAL ZONES AND ZONING DISTRICT OVERLAYS
P = Permitted use CUP = Conditional use permit
R-4 RMCP Special
Needs
Housing
Overlay
Zone 5
R4X1R4X2R3 R4-P
Single-family dwelling P P P P P
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Accessory dwelling units and junior accessory dwelling
units (subject to article 50 of this chapter)

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

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

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

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

CUP CUP CUP CUP
Convenience retail uses (subject to section 10-3-1233 of this chapter)
CUP
Public parking uses CUP
Ancillary retail uses6 P
Ancillary parking facilities6 P
Notes:
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1. Transitional or supportive housing is permitted in residential zones subject to the same standards as similar residential uses; therefore, if such housing is configured as a multiplefamily residence, it is regulated as such and is subject to all regulations applied to residences in the multiple-family residential zone where it is located.

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

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

6. If approved by the planning commission as part of a planned development pursuant to article 18.4 of this chapter.
(Ord. 17-O-2724, eff. 2-10-2017; amd. Ord. 24-O-2892, eff. 4-18-2024; Ord. 24-O-2894, eff. 6-7-2024).”
Section 30. Subsection A of Section 10-3-303 (Permitted And Conditionally Permitted Uses For Nonresidential Zoning Districts And Zoning District Overlays And Supportive Housing) of Article 3 (Establishment Of Zones; Permitted And Conditionally Permitted Uses) Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows, with all other provisions of Section 10-3-303 remaining without amendment:
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“10-3-303: PERMITTED AND CONDITIONALLY PERMITTED USES FOR

NONRESIDENTIAL ZONING DISTRICTS AND ZONING DISTRICT OVERLAYS AND SUPPORTIVE HOUSING:

A. Permitted Uses: Uses for all nonresidential zones and zoning district overlays are listed in the article addressing each specific zone or zoning district overlay. Unless otherwise specified by the zoning district overlay or specific project approval, multi-family transient uses shall be prohibited.”
Section 31. Section 10-3-4302 (Prohibited Home Occupation Activities) of Article 43 (Home Occupations) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-4302: PROHIBITED HOME OCCUPATION ACTIVITIES:

Notwithstanding any other provision to the contrary, no person shall engage in, permit, carry on, or conduct any of the following activities as a home occupation at any time in a residential zone:

A. Repair, servicing, alteration, assembly, upholstery, or construction of any automobile or other motor vehicle as defined in the California Vehicle Code; B. Any hotel use or any other transient lodging use for compensation or benefit of any kind, including, but not limited to, the operation of bed and breakfast inns, hostels, hotels, or any similar operation;
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C. Restaurant, excluding a restaurant or caterer that delivers goods or services to a residential site, has a principal place of business outside of any residential zone, and conducts no administrative or processing function within a residential zone; D. Caterer, unless a permit shall have first been obtained from the director of building and safety approving any equipment to be installed and operated in connection with the catering business;
E. Rental of any residence, or any portion thereof, for events or activities such as parties, banquets, auctions, or similar activities, except in connection with nonprofit and/or charity functions, provided such nonprofit or charity functions are limited to one time per quarter not to exceed four (4) times in any twelve (12) month period; F. All activities regulated under title 4, chapter 2 of this code; G. Activities regulated under title 4, chapter 3 and chapter 4, article 5 of this code except as authorized by permit under title 4 of this code and consistent with the provisions of this article;
H. Any activity that would produce biohazardous or medical waste, as those terms are defined in the California Health and Safety Code, or involves the storage of materials in a manner that would result in a change in the occupancy classification of a residential structure under the city's building code, mechanical code, fire code or plumbing code, or that would otherwise violate any building or fire code or other law; I. Conduct any use, other than a residential use, prohibited in the C-3 zone; J. Conduct any use conditionally permitted in the C-3 zone; -26-
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K. Manufacturing, excluding activities or occupation such as: 1) artists, authors or composers; 2) dressmakers, seamstresses, or tailors; and 3) home crafts, including, without limitation, model making, rug weaving, quilting, needle work, jewelry making, woodworking, and other similar activities which are consistent with the primary use of the dwelling as a residence, provide that such activities are limited to the use of tools and equipment commonly available for personal residential use.

L. Single-family transient uses and multi-family transient uses, as defined in 10-3-100 of this chapter, including the use of any residence, accessory dwelling unit, accessory structure, or any other feature or portion of a residential property including but not limited to pools, game courts, and yards.”
Section 32. Subsection A of Section 1-3-311 (Administrative Fine; Citations and Compliance Orders) of Article 3 (Administrative Penalties) of Chapter 3 (Code Violations) of Title 1 (General Provisions) of the BHMC is hereby amended to read as follows:
“A. For any violation of this code for which the violation would otherwise be an infraction, the administrative fine shall be one hundred dollars ($100.00) for a first violation; two hundred dollars ($200.00) for a second violation of the same provision of this code within a twelve (12) month period; and five hundred dollars ($500.00) for each additional violation of the same provision of this code within a twelve (12) month period.

For any violation of this code for which there is no specific administrative fine established in this code, the fine imposed shall be that set forth in a resolution adopted by the city council.
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Each and every day of operation of a single-family or multi-family transient use within a rolling 12-month period shall constitute a separate and additional violation.

2. In addition to operating a single-family or multi-family transient use, it shall also constitute a separate violation of this code, subject to the administrative fines as provided in subsection 1, to advertise or list a single-family or multi-family transient use by any means and on any medium, whether or not the actual location or address of the property is included in the advertisement or listing. Each and every day an advertisement or listing is visible and accessible by the public within a rolling 12-month period shall constitute a separate and additional violation.”
Section 33. 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 34. Publication. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage in accordance with Section 36933 of the Government Code, shall certify to the adoption of this Ordinance, and shall cause this Ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City. -28-
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Section 35. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.

Adopted:

Effective:

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
Redline BHMC Sections
SHORT TERM RENTAL REGULATIONS – REDLINE CODE SECTIONS
ARTICLE 1. DEFINITIONS
10-3-100: WORDS DEFINED:

MULTI-FAMILY TRANSIENT USE: Rental or lease for habitation or exclusive use of a multi-family dwelling unit or any portion thereof, or accessory dwelling unit(s), for a period of less than thirty (30) days6 consecutive months within a 12-month calendar year period; or the rental of an accessory structure, or any other feature or portion of multi-family residential property including but not limited to pools, game courts, and yards. The initial minimum lease term shall not preclude a lease from reverting to a month-to-month lease after the initial term has concluded.

SINGLE-FAMILY TRANSIENT USE: Rental or lease for habitation or exclusive use of a singlefamily residence, or accessory dwelling unit(s) of a single-family residence for a period of less than six (6) twelve (12) consecutive months; or the rental of an accessory structure, or any other feature or portion of single-family residential property including but not limited to pools, game courts, and yards. The initial minimum lease term shall not preclude a lease from reverting to a month-to-month lease after the initial term has concluded. Single-family transient uses do not include home occupation activities authorized pursuant to Section 10-3-4302 or filming and photography activities permitted pursuant to Section 4-3-101 et seq.

ARTICLE 4. ONE-FAMILY RESIDENTIAL ZONE (R-1)
10-3-401: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1 shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, family daycare home licensed pursuant to state law, small community care facility, or transitional or supportive housing structured as a singlefamily residence. A single-family transient use of a "single-family residence", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-family residence. Use of a single-family residence for a singlefamily transient use more than twice per calendar year is prohibited. 10-3-406: BUSINESSES PROHIBITED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, family daycare home licensed pursuant to state law, small community care facility, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "single-family residence", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-family residence. Use of a single-family residence for a single-family transient use more than twice per calendar year is prohibited. 10-3-508: BUSINESSES PROHIBITED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.5 shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, family daycare home licensed pursuant to state law, small community care facility, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "single-family residence", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-family residence. Use of a single-family residence or for a single-family transient use more than twice per calendar year is prohibited. 10-3-607: BUSINESSES PROHIBITED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R1.5X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, family daycare home licensed pursuant to state law, small community care facility, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "single-family residence", as defined in section 10-3- 100 of this chapter, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-family residence. Use of a single-family residence for a single-family transient use more than twice per calendar year is prohibited. 10-3-704: BUSINESSES PROHIBITED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.5X2 shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, family daycare home licensed pursuant to state law, small community care facility, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "single-family residence", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-family residence. Use of a single-family residence a single-family transient use more than twice per calendar year is prohibited. 10-3-805: BUSINESSES PROHIBITED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.6X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, family daycare home licensed pursuant to state law, small community care facility, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "single-family residence", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-family residence. Use of a single-family residence for a single-family transient use more than twice per calendar year is prohibited. 10-3-904: BUSINESSES PROHIBITED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.7X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, family daycare home licensed pursuant to state law, small community care facility, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "single-family residence", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-family residence. Use of a single-family residence for a single-family transient use more than twice per calendar year is prohibited. 10-3-1004: BUSINESSES PROHIBITED:

B. A "multi-family dwelling" or "accessory dwelling unit", as defined in section 10-3-100 of this chapter, may be rented or leased (as evidenced by a written rental or lease agreement, or by evidence of occupancy for over six months), provided that the initial lease term shall be at least six months. This provision does not apply to transitional housing, emergency shelters, congregate care facilities, or supportive housing.” ARTICLE 12.3. MULTIPLE-FAMILY RESIDENTIAL-COMMERCIAL PARKING ZONE (RMCP) 10-3-1231.5: USES PROHIBITED:

A. Except as provided in article 43 of this chapter, no business shall be conducted or maintained in any building or upon any lot or premises, or upon any portion of either thereof, in zone R-4X1 except for the business of an apartment house. All property and buildings in zone R-4X1 hereby are limited to residential uses, except as otherwise provided in this article.

B. A "multi-family dwelling" or "accessory dwelling unit", as defined in section 10-3-100 of this chapter, may be rented or leased (as evidenced by a written rental or lease agreement, or by evidence of occupancy for over six months), provided that the initial lease term shall be at least six months. This provision does not apply to transitional housing, emergency shelters, congregate care facilities, or supportive housing.” ARTICLE 15. MULTIPLE RESIDENTIAL ZONE (R-3)
10-3-1503: BUSINESSES PROHIBITED; EXCEPTIONS:

B. A "multi-family dwelling" or "accessory dwelling unit", as defined in section 10-3-100 of this chapter, may be rented or leased (as evidenced by a written rental or lease agreement, or by evidence of occupancy for over six months), provided that the initial lease term shall be at least six months. This provision does not apply to transitional housing, emergency shelters, congregate care facilities, or supportive housing.” ARTICLE 15.3. RESIDENTIAL PARKING ZONE (R-4-P)
10-3-1543: BUSINESSES PROHIBITED; EXCEPTIONS:

The following restrictions shall apply to mixed use development in the MU Overlay Zone:

A. No medical uses may be included in a mixed use development.

B. No entertainment uses including, but not limited to, cabarets, nightclubs, and adult entertainment businesses, may be included in a mixed use development.

D. Commercial uses included as part of a mixed use development shall only be permitted in those portions of the development in which the underlying zone is a commercial zone unless otherwise approved through a zone text amendment request. Further, no commercial uses shall be allowed above the third story of a mixed use development.

E. A "multi-family dwelling" or "accessory dwelling unit", as defined in section 10-3-100 of this chapter, may be rented or leased (as evidenced by a written rental or lease agreement, or by evidence of occupancy for over six months), provided that the initial lease term shall be at least six months. This provision does not apply to transitional housing, emergency shelters, congregate care facilities, or supportive housing.

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

ALLOWED USES AND PERMIT REQUIREMENTS FOR SINGLE-FAMILY

RESIDENTIAL ZONING DISTRICTS AND ZONING DISTRICT OVERLAYS P = Permitted use UP = Use permit CUP = Conditional use permit R-1 R1.XR-1.5 R-1.5X R-1.5X2 R-1.6X R-1.7X R-1.8X
R-1 R1.XR1.5R1.5XR1.5X2R1.6XR1.7XR1.8X
Accessory dwelling units and junior
accessory dwelling units (subject to
article 50 of this chapter)

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

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

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

Small (serving 6 or fewer) P P P P P P P P
Educational institutions CUP CUP3 CUP CUP3
Museums CUP CUP CUP
Public utility uses (except as
provided in section 10-3-2754 of
this chapter)

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

P P P P P P P
Single-family transient use4 P4 P4 P4 P4 P4 P4 P4 P4
Notes:

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

2. For the purposes of this section, residential care facilities for the elderly, as defined in state law, shall be treated the same as community care facilities.

3. Public educational institutions only.

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

ALLOWED USES AND PERMIT REQUIREMENTS FOR MULTIPLE-FAMILY

RESIDENTIAL ZONES AND ZONING DISTRICT OVERLAYS
P =
Permitted
use
CUP = Conditional use permit
R4
RMCP Special Needs Housing Overlay Zone 4 R4X1
R4X2R3
R4-
P
R-4 RMCP Special
Needs
Housing
Overlay
Zone 4
R4X1R4X2R-3 R-4-
P
Single-family dwelling P P P P P
Accessory dwelling units and junior
accessory dwelling units (subject to
article 50 of this chapter)

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

Single-family structure P1 P1 P1 P1
Multi-family structure P1 P1 P1 P1 P1
Family daycare homes, licensed
pursuant to state law

P P P P P P
Emergency shelters (subject to
section 10-3-1275 of this chapter)
P
Single room occupancy housing
(SRO)
CUP
Community care facilities2 (state
licensed):

Small (6 or fewer) P P P P
Large (7 or more) CUP CUP CUP CUP CUP
Public library P P P
Childcare uses licensed pursuant to
state law

CUP CUP CUP CUP
Educational institutions CUP CUP CUP CUP
Multiple-family congregate housing
for the elderly or disabled pursuant to
article 12.8 of this chapter
CUP
Multiple-family housing for the elderly
or disabled pursuant to article 12.5 of
this chapter

CUP CUP CUP CUP
Museums CUP CUP CUP CUP
Public utility uses3 CUP CUP CUP CUP
Religious institutions CUP CUP CUP CUP
Restaurants located in
nonconforming hotels (subject to
section 10-3-1207 of this chapter)

CUP CUP CUP CUP
Convenience retail uses (subject to
section 10-3-1233 of this chapter)
CUP
Public parking uses CUP
Ancillary retail uses5 P
Ancillary parking facilities5 P
Notes:

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

2. For the purposes of this section, residential care facilities for the elderly, as defined in state law, shall be treated the same as community care facilities.

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

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

5. If approved by the planning commission as part of a planned development pursuant to article 18.4 of this chapter.
10-3-303. PERMITTED AND CONDITIONALLY PERMITTED USES FOR NONRESIDENTIAL ZONING DISTRICTS AND ZONING DISTRICT OVERLAYS:

ARTICLE 43. HOME OCCUPATIONS
10-3-4302: PROHIBITED HOME OCCUPATION ACTIVITIES:

Notwithstanding any other provision to the contrary, no person shall engage in, permit, carry on, or conduct any of the following activities as a home occupation at any time in a residential zone:

A. Repair, servicing, alteration, assembly, upholstery, or construction of any automobile or other motor vehicle as defined in the California Vehicle Code; B. Any hotel use or any other transient lodging use for compensation or benefit of any kind, including, but not limited to, the operation of bed and breakfast inns, hostels, hotels, or any similar operation;
C. Restaurant, excluding a restaurant or caterer that delivers goods or services to a residential site, has a principal place of business outside of any residential zone, and conducts no administrative or processing function within a residential zone; D. Caterer, unless a permit shall have first been obtained from the director of building and safety approving any equipment to be installed and operated in connection with the catering business;
E. Rental of any residence, or any portion thereof, for events or activities such as parties, banquets, auctions, or similar activities, except in connection with nonprofit and/or charity functions, provided such nonprofit or charity functions are limited to one time per quarter not to exceed four (4) times in any twelve (12) month period;
F. All activities regulated under title 4, chapter 2 of this code; G. Activities regulated under title 4, chapter 3 and chapter 4, article 5 of this code except as authorized by permit under title 4 of this code and consistent with the provisions of this article; H. Any activity that would produce biohazardous or medical waste, as those terms are defined in the California Health and Safety Code, or involves the storage of materials in a manner that would result in a change in the occupancy classification of a residential structure under the city's building code, mechanical code, fire code or plumbing code, or that would otherwise violate any building or fire code or other law;
I. Conduct any use, other than a residential use, prohibited in the C-3 zone; J. Conduct any use conditionally permitted in the C-3 zone; K. Manufacturing, excluding activities or occupation such as: 1) artists, authors or composers; 2) dressmakers, seamstresses, or tailors; and 3) home crafts, including, without limitation, model making, rug weaving, quilting, needle work, jewelry making, woodworking, and other similar activities which are consistent with the primary use of the dwelling as a residence, provide that such activities are limited to the use of tools and equipment commonly available for personal residential use.

A. For any violation of this code for which the violation would otherwise be an infraction, the administrative fine shall be one hundred dollars ($100.00) for a first violation; two hundred dollars ($200.00) for a second violation of the same provision of this code within a twelve (12) month period; and five hundred dollars ($500.00) for each additional violation of the same provision of this code within a twelve (12) month period. For any violation of this code for which there is no specific administrative fine established in this code, the fine imposed shall be that set forth in a resolution adopted by the city council.

1. For any violation of the prohibition on single-family or multi-family transient uses pursuant to Chapter 3 of Title 10 of this code, the administrative fine shall be the maximum allowed under state law for the first, second, and each additional violation. Each and every day of operation of a single-family or multi-family transient use within a rolling 12-month period shall constitute a separate and additional violation.

B. Because a new and separate offense occurs under section 1-3-102 of this chapter each day during which a violation of any provision or requirement of this code is committed, continued, or permitted, the citing official may further assess a fine according to the schedule set forth in subsection A of this section for each day from the date for compliance specified in the compliance order until the date the violation is fully corrected as determined by the citing official. The administrative citation shall specify the date by which the fine must be paid.

C. Administrative fines assessed for failing to fully comply with a compliance order or administrative citation is a debt owed to the city.

D. If the responsible person provides written notice to the citing official that the violation has been corrected, and if the citing official finds compliance, the citing official shall deem the date the written notice was postmarked or personally delivered to the citing official to be the date the violation was corrected. If, however, a final inspection confirmed compliance before mailing or personal delivery of a written notice, or if no written notice is provided, the date of final inspection shall be deemed to be the date the violation was corrected.

Attachment 3
Draft Language for Historic Property
Exemption
Draft Language for Historic Landmark Property Exemption “10-3-406: BUSINESSES PROHIBITED:

Except as provided in article 43 of this chapter, no business shall be conducted or maintained in any building or upon any lot or premises, or upon any portion of either thereof, in zone R-1. All property and buildings in zone R-1 hereby are limited to strictly private one-family residential uses except as otherwise provided in this article. A singlefamily transient use of a "single-family residence" or "accessory dwelling unit", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is prohibited in a single-family residence, accessory dwelling unit(s), or other accessory structure(s) of a single-family residence, including but not limited to pools, game courts, or yards, except that single-family transient uses shall be allowed at any single-family residence that has been designated as a landmark pursuant to Section 10-3-3215 of this code.” “10-3-508: BUSINESSES PROHIBITED:

Except as provided in article 43 of this chapter, no business shall be conducted or maintained in any building or upon any lot or premises, or upon any portion of either thereof, in zone R-1.X. All property and buildings in zone R-1.X hereby are limited to strictly private one-family residential uses except as otherwise provided in this article. A single-family transient use of a "single-family residence" or "accessory dwelling unit", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is prohibited in a single-family residence, accessory dwelling unit(s), or other accessory structure(s) of a single-family residence, including but not limited to pools, game courts, or yards, except that single-family transient uses shall be allowed at any single-family residence that has been designated as a landmark pursuant to Section 10-3-3215 of this code.” “10-3-607: BUSINESSES PROHIBITED:

Except as provided in article 43 of this chapter, no business shall be conducted or maintained in any building or upon any lot or premises, or upon any portion of either thereof, in zone R-1.5. All property and buildings in zone R-1.5 hereby are limited to strictly private one-family residential uses except as otherwise provided in this article. A single-family transient use of a "single-family residence" or "accessory dwelling unit", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is prohibited in a single-family residence, accessory dwelling unit(s), or other accessory structure(s) of a single-family residence, including but not limited to pools, game courts, or yards, except that single-family transient uses shall be allowed at any single-family residence that has been designated as a landmark pursuant to Section 10-3-3215 of this code.” “10-3-704: BUSINESSES PROHIBITED:

Except as provided in article 43 of this chapter, no business shall be conducted or maintained in any building or upon any lot or premises, or upon any portion of either thereof, in zone R-1.5X. All property and buildings in zone R-1.5X hereby are limited to strictly private one-family residential uses except as otherwise provided in this article. A single-family transient use of a "single-family residence" or "accessory dwelling unit", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is prohibited in a single-family residence, accessory dwelling unit(s), or other accessory structure(s) of a single-family residence, including but not limited to pools, game courts, or yards, except that single-family transient uses shall be allowed at any single-family residence that has been designated as a landmark pursuant to Section 10-3-3215 of this code.” “10-3-805: BUSINESSES PROHIBITED:

A single-family transient use of a "single-family residence" or "accessory dwelling unit", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is prohibited in a single-family residence, accessory dwelling unit(s), or other accessory structure(s) of a single-family residence, including but not limited to pools, game courts, or yards, except that single-family transient uses shall be allowed at any single-family residence that has been designated as a landmark pursuant to Section 10-3-3215 of this code.” “10-3-904: BUSINESSES PROHIBITED:

Except as provided in article 43 of this chapter, no business shall be conducted or maintained in any building or upon any lot or premises, or upon any portion of either thereof, in zone R-1.6X. All property and buildings in zone R-1.6X hereby are limited to strictly private one-family residential uses except as otherwise provided in this article. A single-family transient use of a "single-family residence" or "accessory dwelling unit", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is prohibited in a single-family residence, accessory dwelling unit(s), or other accessory structure(s) of a single-family residence, including but not limited to pools, game courts, or yards, except that single-family transient uses shall be allowed at any single-family residence that has been designated as a landmark pursuant to Section 10-3-3215 of this code.” “10-3-1004: BUSINESSES PROHIBITED:

Except as provided in article 43 of this chapter, no business shall be conducted or maintained in any building or upon any lot or premises, or upon any portion of either thereof, in zone R-1.7X. All property and buildings in zone R-1.7X hereby are limited to strictly private one-family residential uses except as otherwise provided in this article. A single-family transient use of a "single-family residence" or "accessory dwelling unit", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is prohibited in a single-family residence, accessory dwelling unit(s), or other accessory structure(s) of a single-family residence, including but not limited to pools, game courts, or yards, except that single-family transient uses shall be allowed at any single-family residence that has been designated as a landmark pursuant to Section 10-3-3215 of this code.” “10-3-1104: BUSINESSES PROHIBITED:

Except as provided in article 43 of this chapter, no business shall be conducted or maintained in any building or upon any lot or premises, or upon any portion of either thereof, in zone R-1.8X. All property and buildings in zone R-1.8X hereby are limited to strictly private one-family residential uses except as otherwise provided in this article. A single-family transient use of a "single-family residence" or "accessory dwelling unit", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is prohibited in a single-family residence, accessory dwelling unit(s), or other accessory structure(s) of a single-family residence, including but not limited to pools, game courts, or yards, except that single-family transient uses shall be allowed at any single-family residence that has been designated as a landmark pursuant to Section 10-3-3215 of this code.” Attachment 4
Planning Commission Resolution No.
2076
1 RESOLUTION NO. 2076

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF BEVERLY HILLS RECOMMENDING THAT THE

CITY COUNCIL ADOPT AN ORDINANCE OF THE CITY OF

BEVERLY HILLS AMENDING SHORT TERM RENTAL

REGULATIONS (TRANSIENT USES) FOR SINGLE FAMILY

AND MULTIFAMILY RESIDENTIAL ZONES AND THE

MIXED USE OVERLAY ZONE, AND OTHER RELATED

AMENDMENTS, AND MAKING A DETERMINATION OF

EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT (CEQA)
WHEREAS, short term rentals, or vacation rentals, remove single-family and multi-family residences from being available for long-term tenancy in the City and may exacerbate the affordable housing crisis;
WHEREAS, short term rentals may create adverse impacts in residential zones, including loss of privacy, noise, and risks to safety and security; WHEREAS, the Planning Commission conducted study sessions on the topic of short term rentals on July 11, 2024 and August 8, 2024, received public comments and deliberated. At the conclusion of the deliberations, the Commission provided direction to prohibit short term rentals in all residential zones and to require a minimum lease term for the rental of residential units; The Planning Commission of the City of Beverly Hills hereby finds, resolves, and determines as follows:

Section 1. At its November 14, 2024 meeting, the Planning Commission considered the proposed Amendments to the City of Beverly Hills Municipal Code (BHMC) pertaining to regulations for short term rentals, also known as single-family and multi-family transient uses, as set forth and attached hereto as Exhibit A (the “Amendments”). The Planning Commission Docusign Envelope ID: 5158822E-5A95-4691-BB78-D5502F4FF285 2 conducted a duly noticed public hearing, at which times it received oral and documentary evidence relative to the proposed Amendments.

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

Section 4. The Planning Commission finds that the proposed Amendments are required because of the benefit to the public interest, health, safety, morals, peace, comfort, convenience, or general welfare, and that such Amendments are consistent with the general objectives, principles, and standards of the General Plan.

Section 5. The Amendments are consistent with the objectives, principles, and standards of the General Plan. The Housing Element of the General Plan includes Goal H1 – Maintenance and Conservation, which encourages the maintenance of the quality and character of existing housing and residential neighborhoods, and Policy H1.5 – Conservation of Existing Rental Docusign Envelope ID: 5158822E-5A95-4691-BB78-D5502F4FF285 3 Housing calls for preventing the loss of existing residential units. Similarly, the Housing Element sets forth Goal H2 – Housing Supply and Diversity, which calls for the provision of a variety of housing types and adequate affordable housing supply. Goal H3 – Fair Housing and Special Needs Residents promotes equal housing opportunities for all residents, especially persons with disabilities, homeless, and those at risk of homelessness. General Plan Land Use (LU) Policy 5.1 - Neighborhood Conservation calls for the maintenance of the uses, densities, character, amenities, and quality of the City’s residential neighborhoods, recognizing their contribution to the City’s identity, economic value, and quality of life. Goals LU 6 – Single-Family Residential Neighborhoods and LU 7 – Multi-Family Residential Neighborhoods require that both singlefamily and multi-family neighborhood identities are maintained with regard to character, identity, and amenities. Amending sections of the Beverly Hills Municipal Code to limit short term rental uses in residential zones will meet several of the stated objectives, standards, goals, and policies of the General Plan. The Amendments will further protect the identity of residential neighborhoods by prohibiting potentially adverse impacts and preserving housing opportunities for a range of household types, which will further the public interest, health, safety, morals, peace, comfort, convenience, or general welfare.

Section 6. The Planning Commission does hereby recommend to the City Council the adoption of an ordinance approving and enacting the proposed Amendments substantially as set forth in Exhibit A, which is attached hereto and incorporated herein by reference. //
//
//
//
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Docusign Envelope ID: 5158822E-5A95-4691-BB78-D5502F4FF285 4 Section 7. The Secretary of the Planning Commission shall certify to the passage, approval, and adoption of this resolution, and shall cause this resolution and his/her Certification to be entered in the Book of Resolutions of the Planning Commission of the City.

Adopted: November 14, 2024

Theresa M. Kaplan
Chair of the Planning Commission of the
City of Beverly Hills
Attest:

Masa Alkire, AICP
Secretary of the Planning Commission
Approved as to form: Approved as to content:

David M. Snow Masa Alkire, AICP
Assistant City Attorney City Planner
Community Development Department
EXHIBIT A: Draft Ordinance
Docusign Envelope ID: 5158822E-5A95-4691-BB78-D5502F4FF285 5 EXHIBIT A
Docusign Envelope ID: 5158822E-5A95-4691-BB78-D5502F4FF285 [DRAFT] ORDINANCE NO. 24-O-____

AN ORDINANCE OF THE CITY OF BEVERLY HILLS

AMENDING SHORT TERM RENTAL REGULATIONS
(TRANSIENT USES) FOR SINGLE FAMILY AND

MULTIFAMILY RESIDENTIAL ZONES AND THE MIXED

USE OVERLAY ZONE, AND OTHER RELATED

AMENDMENTS, AND MAKING A DETERMINATION OF

EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT (CEQA)

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

Section 1. On August 8, 2024, the Planning Commission held a study session to discuss the topic of short term rentals, and the potential these uses have to create adverse impacts on the residential character of the single-family and multi-family residential areas of the City, create nuisances related to this activity, and to exacerbate the affordable housing crisis in the region because of the conversion of long term housing stock into short term rentals. The Commission directed staff to amend existing short term rental regulations to prohibit such uses in all residential zones.

Section 2. On November 14, 2024, the Planning Commission held a duly noticed public hearing to discuss the proposed Amendments to the BHMC pertaining to short term rental regulations, also known as single-family and multi-family transient uses, after which it adopted Resolution No. 2076 recommending that the City Council adopt the proposed changes (collectively, the “Amendments”). On _________________, the City Council held a duly noticed public hearing, received public testimony, and thereafter introduced this Ordinance.

Section 3. The Amendments were assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Docusign Envelope ID: 5158822E-5A95-4691-BB78-D5502F4FF285 Guidelines, and the environmental regulations of the City. The Planning Commission recommends that the City Council find the ordinance is exempt from CEQA because it can be seen with certainty that there is no potential for such ordinance to have a significant adverse effect on the environment pursuant to CEQA Guidelines Section 15061(b)(3). Section 15061(b)(3) of Title 14 of the California Code of Regulations states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The Amendments do not authorize construction and only involve revisions to existing standards and land use limitations for certain residential zones in the City. Therefore, it can be seen with certainty that the draft ordinance has no potential to cause a significant effect on the environment and the Amendments are categorically exempt from further review under CEQA pursuant to Section 15061(b)(3) and 15305 of Title 14 of the California Code of Regulations.

Section 4. The Amendments are consistent with the objectives, principles, and standards of the General Plan. 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, and Policy H1.5 – Conservation of Existing Rental Housing calls for preventing the loss of existing residential units. Similarly, the Housing Element sets forth Goal H2 – Housing Supply and Diversity, which calls for the provision of a variety of housing types and adequate affordable housing supply. Goal H3 – Fair Housing and Special Needs Residents promotes equal housing opportunities for all residents, especially persons with disabilities, homeless, and those at risk of homelessness. General Plan Land Use (LU) Policy 5.1 - Neighborhood Conservation calls for the maintenance of the uses, densities, character, amenities, and quality of the City’s residential neighborhoods, recognizing their contribution to the City’s identity, economic value, and quality of life. Goals LU 6 – Single-Family Residential Docusign Envelope ID: 5158822E-5A95-4691-BB78-D5502F4FF285 Neighborhoods and LU 7 – Multi-Family Residential Neighborhoods require that both singlefamily and multi-family neighborhood identities are maintained with regard to character, identity, and amenities. Amending sections of the Beverly Hills Municipal Code to limit short term rental uses in residential zones will meet several of the stated objectives, standards, goals, and policies of the General Plan. The Amendments will further protect the identity of residential neighborhoods by prohibiting potentially adverse impacts and preserving housing opportunities for a range of household types, which will further the public interest, health, safety, morals, peace, comfort, convenience, or general welfare.

Section 5. The definition of “Multi-Family Transient Use” in Section 10-3-100 (Words Defined) in Article 1 (Definitions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows, with all other definitions in Section 10-3-100 remaining in place without amendment:
“MULTI-FAMILY TRANSIENT USE: Rental or lease for habitation or exclusive use of a multi-family dwelling unit or any portion thereof, or accessory dwelling unit(s), for a period of less than thirty (30) days6 consecutive months within a 12-month calendar year period; or the rental of an accessory structure, or any other feature or portion of multifamily residential property including but not limited to pools, game courts, and yards. The initial minimum lease term shall not preclude a lease from reverting to a month-to-month lease after the initial term has concluded. A multi-family transient use is facilitated and advertised by a third-party commercial hosting platform.” Section 6. The definition of “Single-Family Transient Use” in Section 10-3-100 (Words Defined) in Article 1 (Definitions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) Docusign Envelope ID: 5158822E-5A95-4691-BB78-D5502F4FF285 of the BHMC is hereby amended to read as follows, with all other definitions in Section 10-3-100 remaining in place without amendment:
“SINGLE-FAMILY TRANSIENT USE: Rental or lease for habitation or exclusive use of a single-family residence, or accessory dwelling unit(s) of a single-family residence for a period of less than twelve (12) consecutive months; or the rental of an accessory structure, or any other feature or portion of multi-family residential property including but not limited to pools, game courts, and yards. The initial minimum lease term shall not preclude a lease from reverting to a month-to-month lease after the initial term has concluded. A singlefamily transient use is one that is intended for vacation purposes that is facilitated and advertised by a third-party commercial hosting platform, and not for rental of a multifamily dwelling unit as a primary residence. Single-family transient uses do not include home occupation activities authorized pursuant to Section 10-3-4302 or filming and photography activities permitted pursuant to Section 4-3-101 et seq.” Section 7. Section 10-3-401 (Uses and Buildings Permitted) of Article 4 (One-Family Residential Zone (R-1)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-401: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1 shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, family daycare homes licensed pursuant to state law, small or large residential community care facility operating Docusign Envelope ID: 5158822E-5A95-4691-BB78-D5502F4FF285 in compliance with section 10-3-2778 of this chapter, or transitional or supportive housing.”
Section 8. Section 10-3-406 (Businesses Prohibited) of Article 4 (One-Family Residential Zone (R-1)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-406: BUSINESSES PROHIBITED:

Except as provided in article 43 of this chapter, no business shall be conducted or maintained in any building or upon any lot or premises, or upon any portion of either thereof, in zone R-1. All property and buildings in zone R-1 hereby are limited to strictly private one-family residential uses except as otherwise provided in this article. A singlefamily transient use of a "single-family residence" or "accessory dwelling unit", as defined in section 10-3-100 of this chapter is prohibited.” Section 9. Section 10-3-501 (Uses and Buildings Permitted) of Article 5 (One-Family Residential Zone (R-1.X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-501: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, family daycare homes licensed pursuant to state law, small or large residential community care facility operating in compliance with section 10-3-2778 of this chapter, or transitional or supportive housing structured as a single-family residence.”
Docusign Envelope ID: 5158822E-5A95-4691-BB78-D5502F4FF285 Section 10. Section 10-3-508 (Businesses Prohibited) of Article 5 (One-Family Residential Zone (R-1.X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-508: BUSINESSES PROHIBITED:

Except as provided in article 43 of this chapter, no business shall be conducted or maintained in any building or upon any lot or premises, or upon any portion of either thereof, in zone R-1.X. All property and buildings in zone R-1.X hereby are limited to strictly private one-family residential uses except as otherwise provided in this article. A single-family transient use of a "single-family residence" or "accessory dwelling unit", as defined in section 10-3-100 of this chapter is prohibited.” Section 11. Section 10-3-601 (Uses and Buildings Permitted) of Article 6 (One-Family Residential Zone (R-1.5)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-601: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.5 shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, family daycare home licensed pursuant to state law, small or large residential community care facility operating in compliance with section 10-3-2778 of this chapter, or transitional or supportive housing structured as a single-family residence.”
Docusign Envelope ID: 5158822E-5A95-4691-BB78-D5502F4FF285 Section 12. Section 10-3-607 (Businesses Prohibited) of Article 6 (One-Family Residential Zone (R-1.5)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-607: BUSINESSES PROHIBITED:

Except as provided in article 43 of this chapter, no business shall be conducted or maintained in any building or upon any lot or premises, or upon any portion of either thereof, in zone R-1.5. All property and buildings in zone R-1.5 hereby are limited to strictly private one-family residential uses except as otherwise provided in this article. A single-family transient use of a "single-family residence" or "accessory dwelling unit", as defined in section 10-3-100 of this chapter is prohibited.” Section 13. Section 10-3-701 (Uses and Buildings Permitted) of Article 7 (One-Family Residential Zone (R-1.5X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-701: USES AND BUILDINGS PERMITTED:

Except as provided in article 43 of this chapter, no business shall be conducted or maintained in any building or upon any lot or premises, or upon any portion of either thereof, in zone R-1.5X. All property and buildings in zone R-1.5X hereby are limited to strictly private one-family residential uses except as otherwise provided in this article. A single-family transient use of a "single-family residence" or "accessory dwelling unit", as defined in section 10-3-100 of this chapter is prohibited.” Section 15. Section 10-3-801 (Uses and Buildings Permitted) of Article 8 (One-Family Residential Zone (R-1.5X2)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-801: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.5X2 shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, family daycare home licensed pursuant to state law, small or large residential community care facility operating in compliance with section 10-3-2778 of this chapter, or transitional or supportive housing structured as a single-family residence.”
Docusign Envelope ID: 5158822E-5A95-4691-BB78-D5502F4FF285 Section 16. Section 10-3-805 (Businesses Prohibited) of Article 8 (One-Family Residential Zone (R-1.5X2)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-805: BUSINESSES PROHIBITED:

A single-family transient use of a "single-family residence" or "accessory dwelling unit", as defined in section 10-3-100 of this chapter is prohibited.” Section 17. Section 10-3-901 (Uses and Buildings Permitted) of Article 9 (One-Family Residential Zone (R-1.6X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning of the BHMC is hereby amended to read as follows:
“10-3-901: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.6X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, family daycare home licensed pursuant to state law, small or large residential community residential care facility operating in compliance with section 10-3-2778 of this chapter, or transitional or supportive housing structured as a single-family residence.” Docusign Envelope ID: 5158822E-5A95-4691-BB78-D5502F4FF285 Section 18. Section 10-3-904 (Businesses Prohibited) of Article 9 (One-Family Residential Zone (R-1.6X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning of the BHMC is hereby amended to read as follows:
“10-3-904: BUSINESSES PROHIBITED:

Except as provided in article 43 of this chapter, no business shall be conducted or maintained in any building or upon any lot or premises, or upon any portion of either thereof, in zone R-1.6X. All property and buildings in zone R-1.6X hereby are limited to strictly private one-family residential uses except as otherwise provided in this article. A single-family transient use of a "single-family residence" or "accessory dwelling unit", as defined in section 10-3-100 of this chapter is prohibited.” Section 19. Section 10-3-1001 (Uses and Buildings Permitted) of Article 10 (OneFamily Residential Zone (R-1.7X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read:
“10-3-1001: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.7X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, family daycare home licensed pursuant to state law, small or large residential community care facility operating in compliance with section 10-3-2778 of this chapter, or transitional or supportive housing structured as a single-family residence.”
Docusign Envelope ID: 5158822E-5A95-4691-BB78-D5502F4FF285 Section 20. Section 10-3-1004 (Businesses Prohibited) of Article 10 (One-Family Residential Zone (R-1.7X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read:
“10-3-1004: BUSINESSES PROHIBITED:

Except as provided in article 43 of this chapter, no business shall be conducted or maintained in any building or upon any lot or premises, or upon any portion of either thereof, in zone R-1.7X. All property and buildings in zone R-1.7X hereby are limited to strictly private one-family residential uses except as otherwise provided in this article. A single-family transient use of a "single-family residence" or "accessory dwelling unit", as defined in section 10-3-100 of this chapter is prohibited.” Section 21. Section 10-3-1101 (Uses and Buildings Permitted) of Article 11 (OneFamily Residential Zone (R-1.8X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-1101: USES AND BUILDINGS PERMITTED:

Except as provided in article 43 of this chapter, no business shall be conducted or maintained in any building or upon any lot or premises, or upon any portion of either thereof, in zone R-1.8X. All property and buildings in zone R-1.8X hereby are limited to strictly private one-family residential uses except as otherwise provided in this article. A single-family transient use of a "single-family residence" or "accessory dwelling unit", as defined in section 10-3-100 of this chapter is prohibited.” Section 23. Section 10-3-1209 (Businesses Prohibited; Exceptions) of Article 12 (Multiple Residential Zone (R-4)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-1209: BUSINESSES PROHIBITED; EXCEPTIONS:

Except as provided in article 43 of this chapter, no business shall be conducted or maintained in any building or upon any lot or premises, or upon any portion of either thereof, in zone R-4, except the business of an apartment house. All property and buildings in zone R-4 hereby are limited to residential uses, except as otherwise provided in this article. A multi-family transient use as defined in section 10-3-100 of this chapter is prohibited.”
Docusign Envelope ID: 5158822E-5A95-4691-BB78-D5502F4FF285 Section 24. Section 10-3-1242 (Uses Prohibited) of Article 12.3 (Multiple-Family Residential-Commercial Parking Zone (RMCP)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby added to read as follows:
“10-3-1242: USES PROHIBITED:

A multi-family transient use as defined in section 10-3-100 of this chapter is prohibited.” Section 25. Section 10-3-1304 (Businesses Prohibited, Exceptions) of Article 13 (Residential Income and Multiple Dwelling Zone (R-4X1)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-1304: BUSINESSES PROHIBITED; EXCEPTIONS:

Except as provided in article 43 of this chapter, no business shall be conducted or maintained in any building or upon any lot or premises, or upon any portion of either thereof, in zone R-4X1 except for the business of an apartment house. All property and buildings in zone R-4X1 hereby are limited to residential uses, except as otherwise provided in this article. A multi-family transient use as defined in section 10-3-100 of this chapter is prohibited.”
Section 26. Section 10-3-1503 (Businesses Prohibited; Exceptions) of Article 15 (Multiple Residential Zone (R-3)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-1503: BUSINESSES PROHIBITED; EXCEPTIONS:

Except as provided in article 43 of this chapter, no business shall be conducted or maintained in any building or upon any lot or premises, or upon any portion of either Docusign Envelope ID: 5158822E-5A95-4691-BB78-D5502F4FF285 thereof, in zone R-3, except the business of an apartment house. All property and buildings in zone R-3 hereby are limited to residential uses, except as otherwise provided in this article. A multi-family transient use as defined in section 10-3-100 of this chapter is prohibited.”
Section 27. Section 10-3-1543 (Businesses Prohibited; Exceptions) of Article 15.3 (Residential Parking Zone (R-4-P)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-1543: BUSINESSES PROHIBITED; EXCEPTIONS:

Except as provided in article 43 of this chapter, no business shall be conducted or maintained in any building or upon any lot or premises, or upon any portion of either thereof, in zone R-4, except the business of an apartment house. All property and buildings in zone R-4 hereby are limited to residential uses, except as otherwise provided in this article. A multi-family transient use as defined in section 10-3-100 of this chapter is prohibited.”
Section 28. Section 10-3-1877 (Restricted Uses) of Article 18.7 (Mixed Use (MU) Overlay Zone) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-1877: RESTRICTED USES:

The following restrictions shall apply to mixed use development in the MU Overlay Zone:

A. No medical uses may be included in a mixed use development.

B. No entertainment uses including, but not limited to, cabarets, nightclubs, and adult entertainment businesses, may be included in a mixed use development.

Docusign Envelope ID: 5158822E-5A95-4691-BB78-D5502F4FF285 C. Residential uses included as part of a mixed use development shall be permitted in all portions of the development regardless of the underlying zone, except that residential uses shall not be permitted within the first forty feet (40') of depth from any street-facing property line of the first floor, except as otherwise allowed through the development plan review request.

E. A multi-family transient use as defined in section 10-3-100 of this chapter is prohibited, including in the residential portions of a mixed-use development project.

F. The planning commission shall have authority through conditions imposed on a development plan review permit to prohibit uses not specified herein, on a use by use basis, if it finds that the proposed uses will have a significant adverse impact on adjacent uses, or will not promote harmonious development of the area.”
Section 29. Section 10-3-302 (Permitted And Conditionally Permitted Uses For Residential Zoning Districts And Zoning District Overlays) of Article 3 (Establishment Of Zones; Permitted And Conditionally Permitted Uses) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows with all other sections remaining unchanged:
“The following charts establish permitted uses and conditionally permitted uses in all residential zoning districts and zoning district overlays:

Docusign Envelope ID: 5158822E-5A95-4691-BB78-D5502F4FF285 A. Single-Family Residential Zones: Except as otherwise provided in this article, no lot, premises, building or portion thereof in a single-family residential zone shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except:

ALLOWED USES AND PERMIT REQUIREMENTS FOR SINGLE-FAMILY

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

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

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

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

CUP CUP CUP
Religious institutions CUP CUP
Docusign Envelope ID: 5158822E-5A95-4691-BB78-D5502F4FF285 Public libraries CUP
Publicly owned playgrounds CUP
Home occupations (subject to section 10-3-
4303 of this chapter)

P P P P P P P
Notes:

4. Public educational institutions only.

ALLOWED USES AND PERMIT REQUIREMENTS FOR MULTIPLE-FAMILY

RESIDENTIAL ZONES AND ZONING DISTRICT OVERLAYS
Docusign Envelope ID: 5158822E-5A95-4691-BB78-D5502F4FF285 P = Permitted use CUP = Conditional use permit
R-4 RMCP Special
Needs
Housing
Overlay
Zone 5
R4X1R4X2R3 R4-P
Single-family dwelling P P P P P
Accessory dwelling units and junior accessory dwelling
units (subject to article 50 of this chapter)

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

CUP CUP CUP CUP
Docusign Envelope ID: 5158822E-5A95-4691-BB78-D5502F4FF285 Convenience retail uses (subject to section 10-3-1233 of this chapter)
CUP
Public parking uses CUP
Ancillary retail uses6 P
Ancillary parking facilities6 P
Notes:

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

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

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

6. If approved by the planning commission as part of a planned development pursuant to article 18.4 of this chapter.
(Ord. 17-O-2724, eff. 2-10-2017; amd. Ord. 24-O-2892, eff. 4-18-2024; Ord. 24-O-2894, eff. 6-7-2024).”
Docusign Envelope ID: 5158822E-5A95-4691-BB78-D5502F4FF285 Section 30. Subsection A of Section 10-3-303 (Permitted and Conditionally Permitted Uses for Nonresidential Zoning Districts and Zoning District Overlays) of Article 3 (Establishment of Zones; Permitted and Conditionally Permitted Uses) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows, with all other sections to remain unchanged. Subsection A is currently in the process of being added and codified for another pending ordinance, but shall be amended subsequently by this ordinance as follows:
“A. Permitted Uses: Uses for all nonresidential zones and zoning district overlays are listed in the article addressing each specific zone or zoning district overlay. Unless otherwise specified by the zoning district overlay or specific project approval, multifamily transient uses shall be prohibited.” Section 31. Section 10-3-4302 (Prohibited Home Occupation Activities) of Article 43 (Home Occupations) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-4302: PROHIBITED HOME OCCUPATION ACTIVITIES:

Notwithstanding any other provision to the contrary, no person shall engage in, permit, carry on, or conduct any of the following activities as a home occupation at any time in a residential zone:

A. Repair, servicing, alteration, assembly, upholstery, or construction of any automobile or other motor vehicle as defined in the California Vehicle Code; Docusign Envelope ID: 5158822E-5A95-4691-BB78-D5502F4FF285 B. Any hotel use or any other transient lodging use for compensation or benefit of any kind, including, but not limited to, the operation of bed and breakfast inns, hostels, hotels, or any similar operation;
C. Restaurant, excluding a restaurant or caterer that delivers goods or services to a residential site, has a principal place of business outside of any residential zone, and conducts no administrative or processing function within a residential zone; D. Caterer, unless a permit shall have first been obtained from the director of building and safety approving any equipment to be installed and operated in connection with the catering business;
E. Rental of any residence, or any portion thereof, for events or activities such as parties, banquets, auctions, or similar activities, except in connection with nonprofit and/or charity functions, provided such nonprofit or charity functions are limited to one time per quarter not to exceed four (4) times in any twelve (12) month period; F. All activities regulated under title 4, chapter 2 of this code; G. Activities regulated under title 4, chapter 3 and chapter 4, article 5 of this code except as authorized by permit under title 4 of this code and consistent with the provisions of this article;
H. Any activity that would produce biohazardous or medical waste, as those terms are defined in the California Health and Safety Code, or involves the storage of materials in a manner that would result in a change in the occupancy classification of a residential structure under the city's building code, mechanical code, fire code or plumbing code, or that would otherwise violate any building or fire code or other law; Docusign Envelope ID: 5158822E-5A95-4691-BB78-D5502F4FF285 I. Conduct any use, other than a residential use, prohibited in the C-3 zone; J. Conduct any use conditionally permitted in the C-3 zone; K. Manufacturing, excluding activities or occupation such as: 1) artists, authors or composers; 2) dressmakers, seamstresses, or tailors; and 3) home crafts, including, without limitation, model making, rug weaving, quilting, needle work, jewelry making, woodworking, and other similar activities which are consistent with the primary use of the dwelling as a residence, provide that such activities are limited to the use of tools and equipment commonly available for personal residential use.

L. Single-family transient uses and multi-family transient uses, as defined in 10-3-100 of this chapter, including the use of any residence, accessory dwelling unit, accessory structure, or any other feature or portion of a residential property including but not limited to pools, game courts, and yards..”
Section 32. Subsection A of Section 1-3-11 (Administrative Fine; Citations and Compliance Orders) of Article 3 (Administrative Penalties) of Chapter 3 (Code Violations) of Title 1 (General Provisions) of the BHMC is hereby amended to read as follows:
“A. For any violation of this code for which the violation would otherwise be an infraction, the administrative fine shall be one hundred dollars ($100.00) for a first violation; two hundred dollars ($200.00) for a second violation of the same provision of this code within a twelve (12) month period; and five hundred dollars ($500.00) for each additional violation of the same provision of this code within a twelve (12) month period.

For any violation of this code for which there is no specific administrative fine Docusign Envelope ID: 5158822E-5A95-4691-BB78-D5502F4FF285 established in this code, the fine imposed shall be that set forth in a resolution adopted by the city council.

Each and every day of operation of a single-family or multi-family transient use within a rolling 12-month period shall constitute a separate and additional violation.

Section 34. Publication. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage in accordance with Section 36933 of the Government Code, shall certify Docusign Envelope ID: 5158822E-5A95-4691-BB78-D5502F4FF285 to the adoption of this Ordinance, and shall cause this Ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City.

Docusign Envelope ID: 5158822E-5A95-4691-BB78-D5502F4FF285 Section 35. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.

Adopted:

Effective:

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

HUMA AHMED
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
___________________________ _____________________________ LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager
Docusign Envelope ID: 5158822E-5A95-4691-BB78-D5502F4FF285

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.

CITY OF BEVERLY HILLS )
I, KAREN MYRON, Recording Secretary of the Planning Commission of the City of Beverly Hills, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. 2076 duly passed, approved and adopted by the Planning Commission of said City at a meeting of said Commission on November 14, 2024, and thereafter duly signed by the Secretary of the Planning Commission, as indicated; and that the Planning Commission of the City consists of five (5) members and said Resolution was passed by the following vote of said Commission, to wit:

AYES: Commissioners Milkowski, Demeter, Chair Kaplan
NOES: Commissioner Ross, Vice Chair Wolfe
ABSTAIN: None
ABSENT: None
________________________________

KAREN MYRON
Recording Secretary of the
Planning Commission
City of Beverly Hills, California
Docusign Envelope ID: 5158822E-5A95-4691-BB78-D5502F4FF285 Certificate Of Completion
Envelope Id: 5158822E-5A95-4691-BB78-D5502F4FF285 Status: Completed Subject: Complete with Docusign: PC Reso 2076 - Short Term Rentals Ordinance.pdf Source Envelope:

Document Pages: 31 Signatures: 5 Envelope Originator:

Certificate Pages: 2 Initials: 0 Karen Myron
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.181
Record Tracking
Status: Original
1/17/2025 2:19:32 PM
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Signer Events Signature Timestamp
Theresa M. Kaplan
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David M. Snow
[email protected]
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Attachment 5
Planning Commission Staff Report –
8/8/2024 (No attachments)
City of Beverly Hills
Planning Division
455 N. Rexford Drive Beverly Hills, CA 90210
TEL. (310) 285-1141 FAX. (310) 858-5966
Planning Commission Report
Attachment(s):

A. Ordinance No. 14-O-2654
B. Redline of Short Term Rental Code Sections
C. Community Preservation – Closed Cases for Short Term Rentals D. Maps of Community Preservation Closed Cases
E. Charts of Short Term Rental Cases
F. Filming and Special Event Permitting Data
G. Community Preservation Enforcement Procedure
H. General Plan Goals and Policies
I. Public Correspondence
Report Author and Contact Information:

Chloe Chen, Senior Planner
(310) 285-1194
[email protected]
Meeting Date: August 8, 2024
Subject: A DRAFT ORDINANCE OF THE CITY OF BEVERLY HILLS

AMENDING SHORT TERM RENTAL REGULATIONS (TRANSIENT

USES) FOR SINGLE FAMILY AND MULTIFAMILY RESIDENTIAL

ZONES, AND MAKING A DETERMINATION OF EXEMPTION

UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) – STUDY SESSION
An informational report on potential changes to regulations for short term rentals in residential zones.

This item was continued from the July 11, 2024 Planning Commission meeting.

Location: Citywide
Project Applicant: City-Initiated
Recommendation: Conduct a study session to discuss potential changes to regulations for short term rentals; and provide input and direction to staff regarding the regulations for a draft ordinance to be presented to the Planning Commission at a future meeting.

REPORT SUMMARY
This report provides information regarding potential changes to short term rental regulations in residential zones. Short term rentals are currently defined as “single-family transient uses” and are permitted in single-family residential zones up to two times per year. In multi-family zones, short term rentals are defined as “multi-family transient uses” as any rental of a multi-family dwelling unit for a period of less than thirty (30) days, which is prohibited. While these existing regulations impose limitations on the frequency of short term rentals, it is difficult to enforce these regulations because of the documentation required to prove the occurrence of a violation. As such, staff recommends the Planning Commission amend the code to prohibit short term rentals altogether, and create a specific penalty schedule for violations. In order to assist with enforcement, staff may also purchase and employ software from a third-party company that helps track short term rental listings.
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This study session is intended to provide an initial discussion regarding potential changes to short term rental regulations to prohibit short term rentals outright. Alternatively, the existing allowance for two short-term rentals per year could be maintained and alternative code changes could be developed to help facilitate enforcement. No new regulations will be adopted by the Planning Commission at this session, however, if the Commission directs staff to prepare permanent regulations for this topic, staff will return at a future Commission meeting with a draft ordinance.

BACKGROUND
In 2014, the City adopted Ordinance No. 14-O-2654 (Attachment A) to regulate the length of stay in both single-family and multi-family residential zones, referred to as transient residential uses, and known as short term rentals. “Short term rentals” is a general term that refers to the use of a residential property for a temporary or transient period of time, also known as vacation rentals by owner, or home share activities. This activity generally consists of renting out a furnished house, apartment, or condominium unit, or a portion thereof, on a temporary basis to tourists who utilize this option in place of a hotel or other typical vacation accommodations. This may include temporary use of accessory features of the property, including an accessory dwelling unit or guest house, pool, or game court. This type of rental is often facilitated by online rental platforms, such as Airbnb, VRBO, Hostaway, Expedia, Trip Advisor, and Peerspace.

Existing Regulations and Enforcement Procedures
Single-Family Residential Zones
Currently, the BHMC defines a single-family transient use as: “Rental or lease of a single-family residence or accessory dwelling unit for a period of less than six (6) months”, and such use is permitted up to two (2) times per calendar year in a single-family residence or accessory dwelling unit in each of the single-family zones. This existing regulation was intended to provide some opportunity for homeowners or property owners to host a short term rental, with a maximum allowance of up to two times per year, which intended to limit the frequency of this use and thus, limit adverse impacts that may be associated with the use. However, in practice, it has been difficult to verify compliance with these regulations.

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and all other uses are prohibited. The R4 zone does not explicitly permit this type of use. Staff is aware of some leasing companies that rent out multi-family dwelling units for a month period at a time. For example, Sentral is a leasing company that specifically advertises units for traveling professionals who might be staying in a city for work or short period of time, and leases units in the city on a monthly basis. Although a minimum lease of thirty (30) days is not generally considered a short term rental in the sense that the length of this stay is not typically used for a vacation purpose, the use of rental platforms such as Sentral may still result in fewer housing units being made available for longer-term residents of the City.

Enforcement Procedure
The typical procedure for enforcement of a short term rental complaint undertaken by the Community Preservation Division has been to first research and gather information that will be used to verify the violation. This includes research of online listings to verify whether the property is advertised as available for a short term rental, field observation of the property to see if there are persons coming and going from the residence, and interviews with the reporting party and neighbors of the property. While online research can be a good source of information, as many hosting platforms provide pictures of the residence for rent, it can be difficult to confirm the location of the rental property since the address is often not available unless the property is booked.

Through this research, the Community Preservation officer is attempting to first verify that the current use of the house is indeed a short term rental use.

After the initial investigation is completed, if no violation has been found, the case will remain open for an additional 30-day period. After this 30-day period is completed, the officer will contact the original complainant to see if there are any further issues or information available. If no further information is available, the case will be closed, however, if there is a need for further investigation, the information gathering process re-starts again to find proof of a violation. The challenge with verifying a violation is two-fold: first, it can be difficult to gather evidence of a short term rental, especially if the renter and/or property owner are not forthcoming with information.

Secondly, for single-family residential violations, even if one occurrence of a short term rental is confirmed at the time of a complaint investigation, there needs to be another second confirmed occurrence during the calendar year for this to be considered a violation (due to the two short term rental maximum permitted per calendar year). Once a violation is confirmed, administrative citations may be issued until compliance is achieved. If the administrative citations are exhausted, and compliance has not been achieved, the case is referred to the City Prosecutor to proceed with civil or criminal prosecution. A more detailed explanation of this procedure is included as Attachment C.

The City has not previously employed a tracking and registration program for short term rentals because the current allowance for short term rentals is minimal. As such, there may not be a strong motivation for a property owner who is looking to utilize the short term rental allowance to register their property for this limited use. The creation and operation of a tracking and registration program would require both investment of City funds and staff resources, which may not be justified for the frequency of short term rental activities in the city. This is unlike other jurisdictions 2-3
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that allow property owners to host short term rentals more frequently, for which this type of program may be more necessary.

Home Occupation Regulations
The City also regulates home occupations (Article 43 of Title 10, Chapter 3 of the BHMC), which generally means the use of a residential property to conduct business activities by a person residing on the property1
. There are certain types of home occupations that are prohibited because these uses have been deemed incompatible with operation in a residential setting, including but not limited to any hotel, restaurant, or manufacturing use. If a proposed home occupation is not on the list of prohibited activities, it is generally permitted, as long as the use complies with the list of operating standards in BHMC §10-3-4303. For example, one type of home occupation that might be permitted could be the use of a residence for the preparation of artisan products, such as baked goods or other small food products. The home occupation regulations also prohibit “rental of any residence, or any portion thereof, for events or activities such as parties, banquets, auctions, or similar activities, except in connection with nonprofit and/or charity functions, provided such nonprofit or charity functions are limited to one time per quarter not to exceed four (4) times in any twelve (12) month period”. This prohibition effectively prevents the use of a residence as a venue for a party or other type of event for commercial purposes (e.g. if the property owner rents out the residence to an outside party for their use of the property).

It is important to note that some uses may technically fall within the definition of a home occupation, but may be a type of short term rental. For example, the use of a swimming pool for swim lessons could be considered a home occupation if the person providing the lesson lived at the residence. However, if the swimming pool was rented out to a third party who provides the swimming lessons, this would be considered a short term rental use. While these types of short term rentals may be less common, these can present potential adverse impacts to neighboring properties. For example, a recent case involved the rental of a tennis court at a private singlefamily home to a tennis instructor, who provided lessons at the court2 . This use led to adverse
impacts related to noise and disturbance to the neighboring properties, due to the frequency of 1 BHMC §10-3-100 defines “home occupation” as: any occupation, activity, enterprise, profession, trade, or undertaking of any nature conducted or engaged in, or ordinarily conducted or engaged in, with the object of gain, benefit or advantage to any person or entity, whether direct or indirect, and which is conducted in a residential zone in the City. The term shall include the operation of a subsidiary, independent entity or any other activity conducted for the benefit of others and at no profit to those engaged in the operation or activity, including nonprofit businesses and trade associations. However, "home occupation" shall not include the delivery of goods or services to a residential site by an entity or individual with a principal place of business outside of any residential zone in the City and which conducts no administrative or processing function within a residential zone in the City, such as a plumber, gardener, or caterer based in a nonresidential zone. A "home occupation" shall also not include the operation of a small family daycare home. A person shall not be deemed to be engaged in a home occupation solely by reason of receipt of dividend or interest income from passive investments or solely by reason of receipt of royalties or residuals for work that does not constitute a home occupation.
2 Please note that the use of a tennis court to provide tennis lessons may qualify as a home occupation if the instructor lived at the residence, and if the use meets the applicable operational criteria. 2-4
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tennis lessons being held at the residence. This case also highlights that a short term rental of certain features of a private residence can effectively result in the use of a residential property in a manner that is more similar to a commercial use.

Other Permits Required for Use of Residential Properties Although the rental of a private residence for a party or event use for a commercial purpose is prohibited by the home occupation regulations, a private party hosted by the resident of the property is permitted. However, there are some permit requirements that may apply to this use.

For example, if the gathering contains more than 49 people, a public assembly permit issued by the Beverly Hills Fire Department (BHFD) would be required, or if there are any open fire cooking uses, the BHFD would also need to review the proposed use. A special events permit would be required in the event that a generator or tent is used, and a valet permit would be required from the Beverly Hills Police Department (BHPD) if valet services are provided. The noise ordinance regulations would also apply to a private gathering, which apply during the hours between 10:00 PM to 8:00 AM the following day, and require that neighbors within a certain radius approve an event continuing beyond 10:00 PM. The BHMC also regulates film or photography uses, which would require a filming or photography permit; a residential property is permitted up to 10 days of filming per calendar year. In addition, if a drone is used for aerial filming or photography, a special events permit would be required and would require the BHPD to review this permit. As shown in Attachment F, since 2014, photography and filming permits are the most frequent of these types of permits issued in single-family residential areas. In addition, the vast majority of filming and photography permits are issued in single-family residential areas, with 97% of these permits issued for single-family residences. This correlates to the data provided below regarding short term rental Community Preservation cases, including both regular short term rentals and party house short term rentals, which are slightly more prevalent in single-family areas. This points to potentially a greater number of activities occurring in single-family residences that could lead to adverse impacts to neighboring properties in single-family areas. In multi-family areas, filming and photography permits comprise a majority of the types of permits issued, however, special events permits are issued more often than in single-family areas.

While these permits are not specifically related to short term rental uses, it is important to understand how these permits may interact with a short term rental and may have caused situations where adverse impacts have occurred in the past. For example, if an individual rented a single-family residence under the current regulations (which is permitted), they may be allowed to throw a party there since there is no specific requirement for a private gathering to be held by the property owner. This type of use has resulted in issues such as noise complaints or may create other disturbances to neighboring properties. On the other hand, if a jewelry company rented a private single-family residence to host a launch party for their products, this could be considered a violation of the home occupation prohibition on the rental of any residence for parties or similar activities and would be enforced as such.

DISCUSSION
The following sections provide information that may help inform the Planning Commission’s discussion regarding potential changes to existing short term rental regulations. 2-5
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Community Preservation Actions on Short Term Rentals
Staff researched short term rental Community Preservation activities, and since 2014, there have been a total of over 400 cases opened to investigate short term rental actions, and 381 cases that have been closed out. Of these closed cases, there were a total of 46 cases specifically relating to the use of the residence or property for a “party house” use, meaning there was likely a disruptive event that caused a Community Preservation case to be opened. While not all these cases result in a confirmed violation, this provides an idea of the frequency with which these types of uses may occur in the city that generate complaints from reporting parties. Although the number of cases varies per year, on average, there are approximately 40 cases related to short term rentals per year in the last ten years.

Further data can be found in Attachment C, which contains a list of closed cases regarding short term rentals, and Attachment D, which includes maps of this data. Attachment E also provides charts illustrating the Community Preservation case data. Some notable data points include:

TABLE 1. SHORT TERM RENTAL CASE DATA

TYPE OF CASE TOTAL NUMBER OF CASES
Short Term Rentals (Non-party houses) 335
• Single-Family Short Term Rentals • 135
• Multi-Family Short Term Rentals • 200
“Party House” Short Term Rentals 46
• Single-Family “Party House” Short Term Rental • 41
• Multi-Family “Party House” Short Term Rental • 4
• Commercial “Party House” Short Term Rental • 1
Short Term Rentals (All Cases) 381
This data shows that overall, there are more short term rental violations (not including any “party house” cases) in multi-family residential areas rather than single-family residential areas.

However, there are approximately 6,027 single-family residences and approximately 10,416 multi-family housing units in the city. When compared to the number of units, the rate (or frequency) of short term rental violation actions was: 2.2% for single-family units, and 1.9% for multi-family units. This data may indicate that short term rentals occur more often in single-family residences, or simply that complaints related to single-family residences are more frequently submitted to the City for investigation. The greater frequency of perhaps as a result of this activity being more visible to neighbors than it may be when it occurs in multi-family residential buildings.

Party house short term rental cases were separated out as a subcategory of short term rentals because they may not involve the rental of a residence for a longer period, as these could be rentals for one or two days. However, it should be noted that many of these may still be considered short term rentals if it involved the rental of a residence to host an event. As shown in the data, 44 of the party house cases were confirmed to indeed be a party house, with all cases being in single-family zones except for four multi-family cases, and one commercial case. Therefore, party house uses appear to occur more often at single-family residences. “Party House” situations can create more adverse impacts than a typical short term rental due to the nature of a gathering with regard to noise, privacy, and other disturbances.
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As shown on the charts and within the case data spreadsheet, there are several different actions that may have been taken for cases. An ideal case would begin with clear proof of violation, after which an administrative citation can be issued if voluntary compliance is not obtained, and thereafter the case can be referred to the City Prosecutor for further action if compliance is not achieved with the administrative citations. However, there are cases in which proof may not be available, yet an administrative citation is issued and/or the case is referred to the City Prosecutor.

This might occur because the activity was ongoing and voluntary compliance was not obtained, so a further action was warranted to attempt to achieve compliance. Since there is a high burden of proof set for these cases, such as witnessing or confirming that the property is indeed being rented at the time of receiving a complaint, it is challenging to enforce these violations appropriately. Challenges include a lack of cooperation from the property owner or renter, and the lack of concrete evidence that the most common types of cases in both single-family and multi-family areas noted “no” for proof of violation, due to the difficultly of gathering enough proof of a short term rental for further action to be taken.

As such, the most reliable indicator regarding how many actual short term rentals are occurring might be to look at cases in which there was a “yes” for proof of violation. A total of 48 cases out of 200 in multi-family areas were confirmed with a “yes” for proof of violation, and those cases then had a variety of subsequent actions taken by the City. A total of 41 cases out of 135 in single-family areas were confirmed with a “yes” for proof of violation, and thus the City took subsequent appropriate action. A total of 83 cases (inclusive of short term rentals and party houses) involved the City Prosecutor, with 38 cases in multi-family zones, one case in a commercial zone, and 44 cases in single-family zones.

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TABLE 1. COMPARISON OF SHORT TERM RENTAL REGULATIONS
CITY

SHORT TERM
RENTAL

ALLOWANCE

REQUIREMENTS TRACKING

SYSTEM PENALTY
SANTA
MONICA
• May “home-share”
portion of dwelling
unit that renter
resides in
• Rental of 30 days or
less not permitted
• Must maintain active homesharing permit and business license
• Advertisements must comply with
city criteria; hosting platforms must
collect and remit transit occupancy
tax
Require registration of
home sharing
business
Violation may result in
suspension or revocation
of home-sharing permit
and business license or
denial of renewal
WEST

HOLLYWOOD
• Requires host to
reside in unit during
guest stay
• Prohibited in rental
units
• Must maintain business license
(regulatory license)
• Operating criteria
• Inspection required before license
issuance
• Advertisements must include
home business license number
Require registration -
must obtain a
Transient Occupancy
Registration
Certificate
• Two or more violations
(either home sharing
violation or noise or
nuisance violation in a
365-day period can
result in immediate
revocation of homesharing license and
denial of license
renewal
• Subject to substantial
fines
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CITY

SHORT TERM
RENTAL

ALLOWANCE

REQUIREMENTS TRACKING

SYSTEM PENALTY

PASADENA
• Allowed in a host’s
permanent residence
(live there for at least
9 months of year)
• No requirement for
resident to be present
• Unhosted stays
(when resident is not
present) may be
conducted for max 90
days per year
• Requires short term rental permit
but does not require a business
license
• Require transit occupancy tax to
be remitted to third party tracking
service
• Requires indemnification of city
• Advertisements must display
permit number
• Maximum 2 guests per bedroom
plus 2 additional guests
• Self-certified property inspection
required
Use of a third party
(Host Compliance
LLC) that monitors,
and provides
compliance and
enforcement service
• May suspend or revoke
permit
• If permit is revoked,
must wait 1-year period
before re-applying for
permit
LOS

ANGELES
• May only occur in
host’s primary
residence (live there
for at least 6 months
of year)
• Registration required, which is
valid for 1 year
• May disqualify if there are
outstanding code violations on
the property
• Advertisements must contain a
valid home registration number
• Maximum 2 overnight guests per
habitable room (not including
kitchens)
• Must obtain Transit Occupancy
Tax Registration Certificate or
agree to exclusively list on
hosting platform that has
agreement with City
• Require registration
• Certain hosting
platforms have
agreements with
City
May suspend or revoke
registration
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Proposed Regulations
Given the issues that the current short term rental regulations have presented in terms of challenges to tracking and enforcement, staff has prepared draft regulations that would assist with creating a stricter regulatory framework for short term rentals. A summary of the proposed changes is provided below, and a redline version of the code is provided in Attachment B.

As shown in the table, staff has proposed changes to the short term rentals that would prohibit short term rentals in single-family residential zones, and add a penalty structure for successive violations in either single-family or multi-family residential zones. The draft code changes would allow for the creation of a specific fee for short term rental violations, which would require an adoption of a new fee by City Council resolution. The addition of this specific fee would allow for a fee of higher monetary value that increases with each violation, to act as a more significant deterrent for this type of violation. In addition, the single-family residential short term rental regulations have been amended to clarify that the short term rental prohibition extends to accessory structures on the property, such as pools, or game courts, which may be rented in a more commercial manner. Staff has not proposed any changes to the multi-family residential regulations for short term rentals because it would be impractical to require minimum rental periods of more than thirty days, given that it can be common for apartments to be leased on a month-to-month basis. Furthermore, the proposed regulations add a specific penalty fee for violations of short term rental regulations, which in combination with the proposed prohibition, would provide more enforcement leverage for the Community Preservation team.

TABLE 2. PROPOSED REGULATIONS

CATEGORY BHMC CODE

SECTIONS

EXISTING

REGULATION

PROPOSED

REGULATION
Single-family
residential zones
short term rental
allowance
10-3-401, 10-3-
501, 10-3-601,
10-3-701, 10-3-
801, 10-3-901,
10-3-1001
Short term rentals
allowed up to two
times per calendar
year
Prohibited in single-family
residences, accessory
dwelling unit(s) or
accessory structures,
including pools, game
courts, etc; does not
prohibit temporary rental
uses permitted by a special
events permit
*See discussion below
regarding an initial
minimum 1-year lease term
Multi-family
residential zones
short term rental
allowance
10-3-1201, 10-3-
1231, 10-3-1301,
10-3-1401, 10-3-
1502, 10-3-1533
Short term rentals
allowed if thirty days
or more
No change
*See discussion below
regarding an initial
minimum 1-year lease term
Single-family
transient use
definition
10-3-100 Defined as the rental
of a single-family
residence or
accessory dwelling
unit for a period of
less than six months
Defined as the rental for
habitation or exclusive use
of a single-family residence,
accessory dwelling unit(s),
or accessory structure(s) for
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a period of less than six
months
Multi-family
transient use
definition
10-3-100 Defined as the rental
or lease of a multifamily dwelling unit for
a period of less than
thirty days
No change
Penalty for
Violation
9-1-117 No specifically defined
penalty for short term
rentals (only general
code violation applies)
Addition of specific penalty
for short term rentals, with
increasing fee rates for
successive violations
Considerations for Regulations
Staff has proposed the above regulations for short term rentals, however, there are some additional considerations for the Planning Commission to discuss related to these proposed regulations.

Housing Supply in the City
The use of both single-family homes and multi-family housing units for short term rental purposes removes available housing units from the market, which likely affects the city’s overall housing supply. The cumulative effect of short term rentals may exacerbate the existing affordable housing crisis in the greater Los Angeles area, and contribute to a lack of affordable housing choices and supply in the City. This is because a short term rental operation may prohibit a more permanent residency if the unit is no longer available for leasing on a yearly or longer-term basis. Short term rentals in multi-family residential zones may have a more profound effect on this issue, since these units are more affordable than single-family residences. In addition, although the existing regulations for multi-family residential zones essentially require at least a month-to-month lease term, if the unit is specifically being rented out for months at a time only, this would still result in the removal of the unit for a long-term residency. The removal of a multi-family unit from the rental market would likely be correlated to increasing rental rates, as this simultaneously creates more demand for existing multi-family units and a lower supply.

While the existing short term rental regulations create a strict limit on the frequency of short term rentals in single-family areas, due to the difficulty of confirming violations of the regulations, a strict prohibition of short term rentals may likely result in lower rates of short term rental violations overall. This is because an umbrella prohibition will allow for an easier enforcement protocol, and therefore, could potentially help reduce the overall impact of short term rentals on the housing supply. In addition, although short term rentals of less than 30 days are currently prohibited in multi-family residential areas, the regulations could also be changed to require a minimum 1-year initial lease term for any multi-family housing unit, which may then revert to a month-to-month lease thereafter if the same tenant remains in the unit. This would effectively prohibit any shortterm rentals in multi-family residential zones. The Planning Commission may wish to consider the effect of short term rentals on housing affordability and availability in the City and direct staff to amend regulations in response to this.
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Transient Occupancy Tax Collection
While certain short term rental platforms collect transient occupancy taxes (taxes typically applicable to hotel uses for temporary stays within the city) on behalf of certain jurisdictions, the City does not currently have this agreement set up with short term rental hosting platforms. For example, the City of Los Angeles has an agreement with Airbnb to collect and remit the transient occupancy tax from listings within their jurisdiction. This means that Beverly Hills relies on the property owner remitting such transient occupancy taxes directly. For a short term rental operation, the applicable transient occupancy tax rate would be 14% of the revenue from the operation, and the operator would also need to pay a business tax rate of 1.2% for any business revenue. Since the City does not have any agreements set up to collect and remit these taxes with hosting platforms, it is possible that the City has not fully recovered all transient occupancy taxes and business taxes owed from a short term rental operation. In addition, it would likely be the case that if a short term rental was in violation of the existing regulations (operating more than twice per year in a single-family residential zone or operating for a period shorter than thirty days in a multi-family residential zone), they would also not be remitting taxes owed for these operations. The Planning Commission may consider that in the event they do not prohibit short term rentals outright in the future, staff will likely implement some type of tracking or registration program that will assist with the collection of these taxes from the operators proactively, such as an agreement with hosting platforms.

Tracking and Registration Program
One alternative option to prohibiting short term rentals altogether in the City would be to utilize a third party monitoring and compliance software. For example, several cities have utilized this service from companies such as Granicus, which provides an integrated platform to monitor any short term rentals in the jurisdiction, collect transit occupancy taxes from any short term rental operators, and enforce any applicable regulations. This would allow better tracking of short term rental uses in the City, and create an easier procedure for enforcement, since it would create a centralized database to track short term rental listings. Another option would be for the City to create a registration program similar to the ones created by other surrounding cities, in which any short term rental business in the jurisdiction must sign up and receive a registration license. This type of program would also allow for better tracking and enforcement processes and tax collection, as it would provide a list of approved short term rental locations. In addition, this would allow the City to more easily enforce violations, as it would allow the City to monitor the list of known short term rental locations, and identify any that are not properly registered or operating in an adverse manner. In the event the Commission decides not to prohibit short term rentals outright, either a third party tracking system or a registration program will likely be implemented.

SUMMARY OF CONSIDERATIONS
In sum, there are a variety of activities that may occur on a short term basis in residential zones, and given the potential for adverse impacts specifically related to short term rentals, staff recommends potential changes to these regulations. In their deliberations, staff recommends that the Planning Commission consider the following questions in this preliminary discussion regarding short term rental regulations:
• If the Commission wishes to change short term rental regulations:
o Should the City outright prohibit short term rentals in all residential zones? 2-12
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o Does the Commission agree with the proposed penalty fee structure for violations of short term rentals?
o Does the Commission agree with the proposed prohibition on short term rentals extending to other uses on a property such as swimming pools and game courts? o Does the Commission wish to add any additional restrictions to filming or photography uses on residential properties?
• Does the Commission wish to further restrict certain home occupations that have created impacts to residential areas?
o For example, should the code be changed to outright prohibit rental of any residence for an event, including if the event is a charity or auction use? • If the Commission does not wish to prohibit short term rentals altogether, do they recommend:
o Other changes to the short term rental regulations that would assist with enforcement, such as:
 Requiring the issuance of a permit or license for properties with short term rentals; and/or
 Developing criteria such as requiring the property owner to be onsite while hosting or only allowing hosting within the property owner’s residence; and/or
 Requiring that any rental of a residence be required to implement a minimum 1-year initial lease term, with the ability to revert to a month-tomonth lease thereafter? o That the City create a registration program to better monitor and enforce compliance with short term rental regulations?
GENERAL PLAN GOALS AND POLICIES3
The General Plan includes numerous goals and policies intended to help guide development in the City. Some of the policies relevant to this Planning Commission study session are included as Attachment H.

PUBLIC OUTREACH AND NOTIFICATION
A study session meeting does not require public notification beyond publication of the meeting agenda. However, a notice was published for the July 11th Planning Commission meeting for this ordinance, in anticipation of presenting a draft ordinance at a specified future Planning Commission meeting.
3 Available online at beverlyhills.org/departments/communitydevelopment/longrangeplanning/generalplan/ 2-13
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Public Comment
Two written public comments (Attachment I) were submitted at the July 11th Planning Commission meeting. The comments expressed a desire to understand the intent of this ordinance further, and requested additional data to be included regarding short term rental enforcement and current context in the report.

NEXT STEPS
Staff recommends that the Planning Commission:
• conduct the public hearing, and provide input on the topics outlined relating to potential regulations for short term rentals;
• provide direction to staff regarding potential alternative short term rental regulatory frameworks; and
• continue this item to a date certain at which time staff will present a draft ordinance reflecting the Commission’s direction, for review and recommendation to the City Council.

A zone text amendment requires review by the Planning Commission for recommendation to the City Council, and subsequent adoption by the City Council.

Report Reviewed By:

Chloe Chen
Senior Planner
Community Development Department
2-14
Attachment 6
Planning Commission Staff Report -
11/14/2024 (No attachments)
City of Beverly Hills
Planning Division
455 N. Rexford Drive Beverly Hills, CA 90210
TEL. (310) 285-1141 FAX. (310) 858-5966
Planning Commission Report
Attachment(s):

A. Draft Resolution (Exhibit A: Draft Ordinance)
B. Redline of Short Term Rental Code Sections
C. Planning Commission Staff Report – 8/8/24
D. Ordinance No. 14-O-2654
E. Community Preservation – Closed Cases for Short Term Rentals F. List of Cities with Short Term Rental Bans
G. General Plan Goals and Policies
H. Public Correspondence
Report Author and Contact Information:

Chloe Chen, Principal Planner
(310) 285-1194
[email protected]
Meeting Date: November 14, 2024
Subject: A DRAFT ORDINANCE OF THE CITY OF BEVERLY HILLS

AMENDING SHORT TERM RENTAL REGULATIONS (TRANSIENT

USES) FOR SINGLE FAMILY AND MULTIFAMILY RESIDENTIAL

ZONES AND THE MIXED USE OVERLAY ZONE, AND OTHER

RELATED AMENDMENTS, AND MAKING A DETERMINATION OF

EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT (CEQA)
This item was continued from the July 11, 2024 and the August 8, 2024 Planning Commission meetings.

Location: Citywide
Project Applicant: City-Initiated
Recommendation: Conduct a public hearing to discuss potential changes to regulations for short term rentals; and adopt a resolution recommending a draft ordinance for adoption by the City Council.

REPORT SUMMARY
This report provides information regarding a draft ordinance to modify short term rental regulations in residential zones. In single-family residential zones, short term rentals are defined as “singlefamily transient uses” and are permitted up to two times per year for a period less than six months.

In multi-family zones, short term rentals are defined as “multi-family transient uses” as any rental of a multi-family dwelling unit for a period of less than 30 days, and are prohibited. While these existing regulations impose limitations on the frequency of short term rentals in single-family residential zones, it is difficult to enforce these regulations because of the documentation required to prove the occurrence of a violation.

The Planning Commission previously discussed this topic at two study sessions on July 11, 2024 and August 8, 2024 and provided direction regarding the draft ordinance. As such, staff has prepared a draft ordinance to amend the code to prohibit short term rentals, establish a minimum initial lease term for residential units, and create a specific penalty schedule for violations. Staff Planning Commission Report
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recommends that the Planning Commission adopt the draft resolution recommending the adoption of the draft ordinance by the City Council.

BACKGROUND
In 2014, the City adopted Ordinance No. 14-O-2654 (Attachment D) to regulate the length of stay in both single-family and multi-family residential zones, referred to as transient residential uses, and colloquially known as short term rentals. “Short term rentals” is a general term that refers to the use of a residential property for a temporary or transient period of time, also known as vacation rentals by owner, or home share activities. This activity generally consists of renting out a furnished house, apartment, or condominium unit, or a portion thereof, on a temporary basis to tourists who utilize this option in place of a hotel or other typical vacation accommodations. This may include temporary use of accessory features of the property, including an accessory dwelling unit or guest house, pool, or game court. This type of rental is often facilitated by online rental platforms, such as Airbnb, VRBO, Hostaway, Expedia, Trip Advisor, and Peerspace.

Existing Regulations for Short Term Rentals
Single-Family Residential Zones
Currently, the BHMC defines a single-family transient use as: “Rental or lease of a single-family residence or accessory dwelling unit for a period of less than six (6) months”, and such use is permitted up to two times per calendar year in a single-family residence or accessory dwelling unit in each of the single-family zones. This existing regulation was intended to provide some opportunity for homeowners to host a short term rental, with a maximum allowance of up to two times per year, which intended to limit the frequency of this use and thus, limit adverse impacts that may be associated with the use. However, in practice, it has been difficult to verify compliance with these regulations.

Multi-Family Residential Zones
The BHMC defines multi-family transient use as: “Rental or lease of a multi-family dwelling unit for a period of less than thirty (30) days”, and such use is not permitted within the multi-family (R4) zone. This restriction still allows for month-to-month rental leases but prohibits the rental of a multi-family unit for any shorter period of time. Staff is aware of some leasing companies that rent out multi-family dwelling units for a month period at a time. For example, Sentral is a leasing company that specifically advertises units for traveling professionals who might be staying in a city for work or short period of time, and leases units in the city on a monthly basis. Although a minimum lease of 30 days is not generally considered a short term rental in the sense that the Planning Commission Report
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length of this stay is not typically used for a vacation purpose, the use of rental platforms such as Sentral may still result in fewer housing units being made available for longer-term residents of the City.

For reference, information on home occupation regulations and other types of permits that may be issued at residences can be found in the staff report from August 8, 2024 in Attachment C. In addition, the report contains general information on the current Community Preservation enforcement procedures for short term rental violations, which illuminates some of the challenges in proving a short term rental violation.

August 8, 2024 Discussion
At the August 8, 2024 Planning Commission meeting, the Commissioners conducted a public hearing and received information on the topic of short term rentals. Several public comments were submitted at the hearing, which noted that short term rentals may have negative impacts on the affordability and availability of multi-family residential units in the City. The Commissioners provided their comments, and requested some additional information to be presented by staff, including the number of business tax licenses for short term rentals, the minimum period for leasing enforced by other jurisdictions, and information on how many rentals in the City are for six months or less. After deliberations, the Commissioners came to a consensus and directed staff to draft an ordinance that would prohibit short term rentals in all residential zones, require a minimum initial lease term of 12 consecutive months for residential units (with the ability to revert to a month-to-month lease after the initial term is concluded), and implement a specific penalty fee for violations of short term rental limitations. The Commission also emphasized the importance of enforcing the short term rental regulations, and supported a change to the regulations that would enable the restriction to be more easily enforced by the City.

DISCUSSION
The following sections provide information that may help inform the Planning Commission’s discussion regarding potential changes to existing short term rental regulations.

Community Preservation Actions on Short Term Rentals
Staff researched short term rental Community Preservation activities with the aim to provide the Commission with a sense of how frequently short term rentals may be creating immediate adverse impacts to residential areas (such as if there are disturbances or noise at the property). Staff has worked with the Community Preservation team to better understand and clarify these cases since the August 8, 2024 Commission meeting. Further detail regarding these activities is included in Attachment E. Since 2014, there have been a total of over 400 cases opened to investigate potential short term rental activities, with 395 cases closed as of the writing of this report. The data reported below is only related to the closed cases, as pending or active cases may not have Planning Commission Report
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adequate information to allow for proper conclusions. Although the number of cases varies per year, on average, there are approximately 40 cases related to short term rentals per year in the last ten years. Table 1 below includes a breakdown of cases by the type of residential zoning:

TABLE 1. SHORT TERM RENTAL CASE DATA 2014-2024

TYPE OF CASE TOTAL NUMBER OF CASES
Short Term Rentals (Non-party houses) 349
• Single-Family Short Term Rentals • 140
• Multi-Family Short Term Rentals • 209
“Party House” Short Term Rentals 46
• Single-Family “Party House” Short Term Rental • 41
• Multi-Family “Party House” Short Term Rental • 4
• Commercial “Party House” Short Term Rental • 1
Short Term Rentals (All Cases) 395
This data shows that overall, there are more short term rental violations (not including any “party house” cases) in multi-family residential areas than single-family residential areas. However, there are approximately 6,027 single-family residences and approximately 10,416 multi-family housing units in the city. When compared to the number of units, the rate (or frequency) of short term rental violation actions was: 2.3% for single-family units, and 2% for multi-family units. This data may indicate that short term rentals occur more often in single-family residences, or simply that complaints related to single-family residences are more frequently submitted to the City for investigation. The greater frequency of perhaps as a result of this activity being more visible to neighbors than it may be when it occurs in multi-family residential buildings.

Party house short term rental cases were separated out as a subcategory of short term rentals because they may not involve the rental of a residence for a longer period, as these could be rentals for one or two days. However, it should be noted that many of these may still be considered short term rentals if it involved the rental of a residence to host an event. As shown in the data, the vast majority of cases were located in single-family zones except for four multi-family cases, and one commercial case. Therefore, party house uses appear to occur more often at singlefamily residences, and party house situations can create more adverse impacts than a typical short term rental due to the nature of a gathering with regard to noise, privacy, and other disturbances.

Short Term Rental Cases
Out of the 395 closed cases, there were 94 cases in which short term rental activity was confirmed by the Community Preservation team. Of the 94 cases, 45 of these cases were issued a compliance order or citation, which requires the violator to cure the violation within a specified period of time and is also subject to fines. Of the 45 cases that received a compliance order or citation, 42 were elevated to the City Prosecutor level, which means that these cases required additional enforcement assistance or action from the prosecutor.

Staff also researched whether the Beverly Hills Police Department (BHPD) became involved with short term rental complaints, as this may point to an immediate disturbance to neighbors that may occur with a party house or noise issue. Out of the total 94 short term rental cases, 19 of these were also associated with a BHPD action, which could include the BHPD checking on the tenants or visiting the property to address issues such Planning Commission Report
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as “disturbing the peace” or noise violations. A summary of this data is provided in Table 2 below.

Party House Cases
Of the total 395 closed cases, there were a total of 46 cases specifically relating to the use of the residence or property for a “party house” use, meaning there was likely a disruptive event that caused a Community Preservation case to be opened. Of these 46 cases, 16 cases were found to have proof that the property was being used as a party house, and 10 cases involved a BHPD action. Out of the 46 cases, 13 cases were issued a compliance order or citation, and all 13 cases also required City Prosecutor action or involvement.

While not all these cases result in a confirmed violation, this provides an idea of the frequency with which these types of uses may occur in the city that generate complaints from reporting parties. Table 3 below provides a summary of this data.

Perhaps the most reliable indicator regarding how many illegal short term rentals are occurring might be to look at cases in which there was a “yes” for proof of violation. A total of 110 cases out of the total 395 closed cases had proof of a violation, which is about 27.8% of cases overall. 53 cases out of 209 in multi-family areas were confirmed with proof of violation, which is about 25.4% of cases. A total of 57 cases out of 140 in single-family areas were confirmed with proof of violation, which is 40.7% of cases. This data again shows that short term rentals affect singlefamily and multi-family residential areas differently, with the likelihood of confirmed short term rentals and party houses occurring in single-family areas being higher than in multi-family residential areas. At the August 8, 2024 Planning Commission meeting, the Commission also inquired as to the number of cases reported by staff versus members of the public. Out of the TABLE 2. SHORT TERM RENTAL CASES
Action Taken on Case Number of Cases
Short Term Rental Cases Total: 349 cases
• Case with proof of violation • 94 cases
o Case issued compliance
order/citation
o 45 cases
• Case elevated to City
Prosecutor
• 42 cases
• Case with BHPD action • 19 cases
TABLE 3. PARTY HOUSE CASES
Action Taken on Case Number of Cases
Party House Cases Total: 46 cases
• Case with proof of party house • 16 cases
o Case issued compliance
order/citation
o 13 cases
• Case elevated to City
Prosecutor
• 13 cases
• Case with BHPD action • 10 cases
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395 closed cases, a total of 289 cases were initiated by a member of the public, while 106 of the cases were initiated by staff.

At the August 8, 2024 meeting, a public comment was provided that indicated there were potentially more than 1,500 active “Airbnb” short term rental listings in the City. Staff reached out to the commenter to obtain this data, which appears to have been sourced from “Inside Airbnb” (https://insideairbnb.com/los-angeles/). The Inside Airbnb webpage states the following about the data it provides: “data utilizes public information compiled from the Airbnb website including the availability calendar for 365 days in the future, and the reviews for each listing. Listings in the same building are anonymized by Airbnb individually, and therefore may appear "scattered" in the area surrounding the actual address. The data presented here is a snapshot of listings available at a particular time.” While this data may present a point-in-time number of the total listings, staff has concerns regarding the accuracy of this data given that there are no actual addresses available on the listings (the listing location is estimated), and there appear to be duplicated listings that may be showing the same unit in a building multiple times. However, the data does point to the fact that there may be more short term rental activity occurring in the City than is reflected within the Community Preservation actions. It is important to note that short term rentals are currently allowed on a limited basis (twice a year in single-family residential zones and allowed if the rental is 31 days or more in multi-family residential zones), and it is logical that there are more listings for short term rentals than there are Community Preservation actions since the Community Preservation cases are only opened when there is potentially unlawful activity taking place.

Other Jurisdictions’ Short Term Rental Regulations
Staff has researched short term rental regulations in other nearby jurisdictions, which vary between jurisdiction, and generally differ from the City’s regulations. Notably, all of these cities allow short term rentals in some fashion, but also require registration with the city’s program, which may allow for an easier method of tracking. It is also common to require that the primary tenant/resident is present or is renting out their permanent residence. In addition, all of the cities have the ability to revoke permits and/or impose penalties. At the last Commission meeting, the Commissioners also requested research regarding whether other jurisdictions impose a minimum period for short term rentals or rental of any residential unit, which has been added in a new column in bolded text in Table 4, which also provides a summary of these regulations. As shown in the table, some jurisdictions have imposed a minimum rental period that is only applicable to short term rentals, while other jurisdictions have imposed a minimum rental period for any residential rental unit. In addition, staff has provided a list of cities with short term rental bans in Attachment F.

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TABLE 4. COMPARISON OF SHORT TERM RENTAL REGULATIONS

CITY ALLOWANCE REQUIREMENTS TRACKING

SYSTEM PENALTY REQUIRED RENTAL PERIOD
SANTA
MONICA
• May “home-share”
portion of dwelling
unit that renter
resides in
• Must maintain active
home-sharing permit and
business license
• Advertisements must
comply with city criteria;
hosting platforms must
collect and remit transit
occupancy tax
Require
registration of
home sharing
business
Violation may result in
suspension or
revocation of homesharing permit and
business license or
denial of renewal
• For a home-sharing
permit (owner is on
site), must rent out
rooms in primary
residence for less
than 30 consecutive
nights
• Minimum 1 year
initial lease term for
all rental units
WEST

HOLLYWOOD
• Requires host to
reside in unit during
guest stay
• Prohibited in rental
units
• Must maintain business
license (regulatory
license)
• Operating criteria
• Inspection required
before license issuance
• Advertisements must
include home business
license number
Require
registration -
must obtain a
Transient
Occupancy
Registration
Certificate
• Two or more
violations (either
home sharing
violation or noise or
nuisance violation in
a 365-day period can
result in immediate
revocation of homesharing license and
denial of license
renewal
• Subject to substantial
fines
• Minimum of 1 year
for all apartments
or rental units
(ADUs or duplexes)
• Starting 1/1/2025,
minimum lease
term for singlefamily residences,
condos, or
properties in the
Sunset Specific
Plan will go from 31
days to 1 year
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CITY ALLOWANCE REQUIREMENTS TRACKING

SYSTEM PENALTY REQUIRED RENTAL PERIOD

PASADENA
• Allowed in a host’s
permanent
residence (live there
for at least 9 months
of year)
• No requirement for
resident to be
present
• Requires short term rental
permit but does not
require a business license
• Require transit occupancy
tax to be remitted to third
party tracking service
• Requires indemnification
of city
• Advertisements must
display permit number
• Maximum 2 guests per
bedroom plus 2 additional
guests
• Self-certified property
inspection required
Use of a third
party (Host
Compliance
LLC) that
monitors, and
provides
compliance
and
enforcement
service
• May suspend or
revoke permit
• If permit is revoked,
must wait 1-year
period before reapplying for permit
• Un-hosted stays are
limited to 90 days per
year
• Hosted stays (when
resident is present)
have no limit on the
maximum number of
days per year
• A single-family
homeowner may
create “temporary
tenancy” for up to 12
months in a 36-
month period
LOS

ANGELES
• May only occur in
host’s primary
residence (live there
for at least 6 months
of year)
• Registration required,
valid for 1 year
• May disqualify if have
outstanding code
violations
• Advertisements must
contain valid home
registration number
• Max. 2 overnight guests
per habitable room (not
including kitchens)
• Must obtain Transit
Occupancy Tax
Registration Certificate
or agree to exclusively
list on hosting platform
that has agreement
with City
• Require
registration
• Certain
hosting
platforms
have
agreement
s with City
May suspend or revoke
registration
• Maximum of 120
days per year for
registered
properties, but may
obtain an extended
home-sharing permit
to rent out for more
than 120 days per
year
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Business Tax License Data
As requested by the Commission at the previous meeting, staff researched the City’s business tax license database for any licenses related to short term rentals. While any residential rental business must pay for a business tax license under “Classification E – Residential Property Rental”, it appears that there were only 3 business tax licenses specifically noted as short term rental businesses that are active in 2024. This could be due to fact that property owners who rent out residential units may have a business tax license for rentals, but may not specify whether their operation includes short term rentals. For example, an applicant for a business tax license under Classification E may have specified “apartment rental” as the type of business, which would not have been captured as a short term rental. It is also possible that a property owner noting an apartment rental business is conducting both long-term and short-term rentals within the same property, but would not have specified the latter in their business tax license application.

Data on Typical Rental Periods
At the previous meeting, the Commission also requested staff to research whether it is common for residential units to be rented out for less than 6 months at a time. Staff checked with the Rent Stabilization Division, which indicated that this type of data is not collected as part of the rental registration process. Anecdotally, it appears that there is a typical mix of rental agreements that are entered into, including year-long leases, or shorter-term leases for tenants that may be located temporarily in the City for work or school attendance.

As shown in the table, the draft ordinance includes the following changes to existing short term rental regulations:
• Prohibit single-family and multi-family transient uses (short term rental uses) in singlefamily and multi-family residential zones • Prohibit multi-family transient uses in the Mixed Use Overlay Zone and other overlays • Update definitions of single-family and multi-family transient uses to:
o Include short term rentals of residences or portions thereof, accessory dwelling units, accessory structures or other features of the property; o Define transient uses as less than 12 consecutive months for single-family residential zones and less than 6 consecutive months for multi-family residential zones; however the minimum initial lease term shall not preclude the ability for a lease to revert to a month-to-month lease after the initial term has concluded • Establish a specific fine for violations of short term rental regulations that is higher than fines for violating other code provisions, to the maximum extent allowed under state law Planning Commission Report
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TABLE 5. PROPOSED REGULATIONS

CATEGORY BHMC
CODE

SECTIONS

EXISTING

REGULATION

PROPOSED REGULATION
Single-family
residential zones
short term rental
allowance
10-3-401,
10-3-406,
10-3-501,
10-3-508,
10-3-601,
10-3-607,
10-3-701,
10-3-704,
10-3-801,
10-3-
805,10-3-
901, 10-3-
904, 10-3-
1001, 10-3-
1004, 10-3-
1101, 10-3-
1104
Short term
rentals allowed
up to two times
per calendar
year
Prohibited in single-family residences,
accessory dwelling unit(s) or accessory
structures, including pools, game
courts, etc; does not prohibit temporary
rental uses permitted by a special
events permit
Multi-family
residential zones
short term rental
allowance
10-3-1209,
10-3-1242,
10-3-1304,
10-3-1503,
10-3-1543
Short term
rentals allowed if
thirty days or
more
Prohibit multi-family transient uses in
any multi-family zone
Mixed Use
Overlay Zone and
Other Zoning
Overlays
10-3-1877;
10-3-303
No restriction Prohibition of multi-family transient
uses
Single-family
transient use
definition
10-3-100 Defined as the
rental of a
single-family
residence or
accessory
dwelling unit for
a period of less
than six months
Defined as the rental for habitation or
exclusive use of a single-family
residence, accessory dwelling unit(s),
or accessory structure(s) for a period
of less than consecutive 12 months
Multi-family
transient use
definition
10-3-100 Defined as the
rental or lease of
a multi-family
dwelling unit for
a period of less
than thirty days
Defined as the rental for habitation or
exclusive use of a multi-family
residence, accessory dwelling unit(s),
or accessory structure(s) for a period
of less than 6 consecutive months in a
12-month period
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Penalty for
Violation
9-1-117 No specifically
defined penalty
for short term
rentals (only
general code
violation applies)
Addition of specific penalty for short
term rentals, with increasing fee rates
for successive violations, per the
maximum amount allowed under state
law
Considerations
Housing Supply and Affordability
The use of both single-family homes and multi-family housing units for short term rental purposes removes available housing units from the market, which likely affects the city’s overall long term housing supply. The cumulative effect of short term rentals may exacerbate the existing affordable housing crisis in the greater Los Angeles area, and contribute to a lack of affordable housing choices and supply in the region. This is because a short term rental operation may prohibit a more permanent residency if the unit is no longer available for leasing on a yearly or longer-term basis. Short term rentals in multi-family residential zones may have a more profound effect on this issue, since these units are more affordable than single-family residences. The removal of a multi-family unit from the rental market would likely be correlated to increasing rental rates, as this simultaneously creates more demand for existing multi-family units and a lower supply.

1 https://upgo.lab.mcgill.ca/publication/strs-in-los-angeles-2022/Wachsmuth_LA_2022.pdf 2 https://onlinelibrary.wiley.com/doi/abs/10.1111/1540-6229.12440 Planning Commission Report
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GENERAL PLAN GOALS AND POLICIES3
The General Plan includes numerous goals and policies intended to help guide development in the City. Some of the policies relevant to this Planning Commission study session are included as Attachment G.

TABLE 1. PUBLIC NOTIFICATION TABLE
Notice Type Notice Date
Notice of Pending Application
• Mailed Notice (500’ radius + block face; via first class mail) Not required • Mailed Notice (100’ radius; via tracked courier) Not required • On-site Posted Notice Not required
Notice of Public Hearing
• Mailed Notice (500’ radius + block face; via first class mail) Not required • On-site Posted Notice Not required
• Newspaper Notice
Beverly Hills Courier
Beverly Hills Weekly
Beverly Press
10/25/24
10/31/24
10/31/24
Public Comment
One written comment has been submitted as of the writing of this report, which requested that the minimum lease term for a multi-family residential unit be for one month. All written comments on this topic, including those submitted for the July 11 and August 8 Planning Commission meetings have been included in Attachment H.

3 Available online at https://beverlyhills.org/1067/General-Plan-Document Planning Commission Report
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existing standards and land use limitations for certain residential zones in the City. Therefore, it can be seen with certainty that the draft ordinance has no potential to cause a significant effect on the environment and the Amendments are categorically exempt from further review under CEQA pursuant to Section 15061(b)(3) and 15305 of Title 14 of the California Code of Regulations.

RECOMMENDATION
Staff recommends that the Planning Commission:
• Conduct the public hearing; and
• Adopt the draft resolution recommending the adoption of the draft ordinance by City Council.

Report Reviewed By:

Masa Alkire, AICP
Assistant Director / City Planner
Community Development Department
Attachment 7
Ordinance No. 14-O-2654
ORDINANCE NO. 14-0- 2654

AN ORDINANCE OF THE CITY OF BEVERLY HILLSAMENDING THE MUNICIPAL CODE REGARDINGRESTAURANT USES IN THE MIXED USE PLANNEDDEVELOPMENT OVERLAY ZONE, AND TRANSIENTRESIDENTIAL USES IN THE MIXED USE PLANNEDDEVELOPMENT OVERLAY ZONE, SINGLE FAMILYRESIDENTIAL ZONES, AND MULTI-FAMILY RESIDENTIAL ZONES.

WHEREAS, on November 21, 2013 the Planning Commission conducted a duly noticed public hearing to consider proposed municipal code text amendments to the standards for transient uses in the City’s single family residential zoning districts and the Mixed Use PlannedDevelopment Overlay Zone (M-PD-2), and with respect to proposed modifications to an approved Planned Development Permit to implement a new multi-family transient land use referred to as “serviced residences” for the property at 155 North Crescent Drive and 9355Wilshire Boulevard; and, WHEREAS, the Planning Commission considered the potential impacts of unrestricted short-term rentals of single family residences and second units on the stability andcharacter of the City’s single family residential neighborhoods, and the potential impacts of short-term rentals of multi-family residences in multi-family residential neighborhoods; and, WHEREAS, the Planning Commission recommended that the City Council adopt an ordinance to permit serviced residences in the Mixed Use Planned Development Zone, to limit short-term rentals of single family residences and second units, and to provide a definitionof transient uses in multi-family residential zones; and,B0785-0009\1 660538v4.doc WHEREAS, on February 4, 2013, the City Council conducted a duly noticed public hearing to consider the proposed municipal code amendments and introduced the Ordinance; and,
WHEREAS, the Project has been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq.(”CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.), and the environmental regulations of the City. An Environmental Impact Report (EIR) was previously certified by the City Council on December 3, 2002 for the existing mixeduse development on the subject site. Pursuant to Section 15164 of the California EnvironmentalQuality Act (CEQA) Guidelines, a lead agency (the City of Beverly Hills in this case) may prepare an addendum to a previously certified EIR if some changes or additions to the EIR are necessary but none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR have occurred. Pursuant to CEQA Guidelines Section 15162, no subsequent EIR shall be prepared for the Project unless, on the basis of substantial evidence in the light of the whole record, one or more of the following is determined:
(1) Substantial changes are proposed in the project that will require major revisions of the previous EIR due to the involvement of new, significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due -2-
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to the involvement of new significant environmental effects or a substantial increase in the severity ofpreviously identified significant effects; or (3) New information of substantial importance identifies one or more significant effects not discussed in the previous EIR, significant effects previously examined will be substantially more severe than shown in the previous EIR, mitigation measures or alternatives previously found not to be feasible or not analyzed in theEIR would be feasible and would substantially reduce one or more significanteffects but the project proponents decline to adopt of the measure or alternative.

The above criteria have been assessed in accordance with the State CEQA Guidelines, and the Project, in the independent judgment of the City, has been determined to be eligible for an addendum to the previously certified EIR because it does not result in any new or substantially increased environmental impacts. Therefore, an addendum to the EIR has been prepared and is incorporated herein by reference, and his hereby adopted by the City Council.

In addition, the proposed amendments to the text of the various residential zones do not change the conclusion in the addendum. Further, the residential zone text amendments are exempt from CEQA pursuant to CEQA Guidelines Section 1506 1(b)(3) because it can beseen with certainty that the amendments will not have the potential for any impacts on the environment. Further, the amendments would be exempt from CEQA pursuant to Section 15305for single-family residential properties with slopes of less than 20%, as well as Section 15308 as -3-
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an action to protect the environment ofthe single family residential areas of the City. The City’s multi-family areas are not in areas with 20% or greater slopes.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF BEVERLY HILLS DOES ORDAIN AS FOLLOWS:

Section 1. Legislative Findings. The City Council hereby finds as follows:

A. The City was approached by Metropolitan Crescent Associates, LLC, regarding a proposed “AKA Beverly Hills Project,” which would includeauthorization to operate an existing residential I mixed use project to provide “serviced residences,” a type of multi-family transient accommodation. “Serviced residences” are luxury dwelling units with full kitchens, laundry facilities, and bathrooms, that are offered, without limitation, housekeeping, valet dry-cleaning and laundry services, and, with a minimum stay of seven (7) consecutive days. At present, a “luxury standard” includes a 24-hour resident service team, high-tech fitness center, full-service business center with executive board room andcomplimentary high-speed Internet access, a lounge;, en-suite dining,same-day valet dry-cleaning and laundry service, and full-time, on-site management and maintenance. All dwelling units include fully -4-
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accessorized kitchens, contemporary furnishings, well-appointed bathrooms, premium cable television and Wi-Fl access.

B. The request that the City authorize this new type of transient use which, as a hybrid hotel / residential use, does not fit neatly into the City’s traditional land use categories, caused the City to consider how transientuses allowed in the City’s residential and mixed use zones are and should be defined.

C. Concurrent with the request for serviced residences, the City has become more aware of the degree to which dwelling units in the City are beingused for short-term rentals through such websites as Airbnb (www.Airbnb.com), Vacation Rentals By Owner (www.vrbo.com), and similar on-line short-term rental websites.

D. Unfettered short-term rentals of single-family and multi family residential properties has the potential to change the character and stability of the City’s residential neighborhoods. The Land Use Element of the City’sGeneral Plan, includes Goal LU 5 calling for “Complete, Livable, and Quality Neighborhoods.” Goal LU 5 is bolstered by the following general plan policies that memorialize the City’s commitment to preserving and maintaining the stability of single family residential areas:
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1. “Policy LU 5.1 Neighborhood Conservation. Maintain the uses, densities, character, amenities, and quality ofthe City’s residential neighborhoods, recognizing their contribution to the City’s identity, economic value and quality of life.”

2. In relevant part, “Policy LU 5.8 Encroachment of Incompatible Land Uses. Protect residential neighborhoods from the encroachment ofincompatible nonresidential uses and disruptive traffic, to the extent possible.”
E. The Land Use Element of the City’s General Plan includes Goal LU 6 regarding Single-Family Residential Neighborhoods calling for “[m] aintenance of the identity, scale, and character of the distinct singlefamily residential neighborhoods.” Goal LU 6 memorializes the City’scommitment to preserving and maintaining its single-family residential neighborhoods from incompatible and character changing uses such as short-term rental of single family residences.

F. On November 12, 2013, VRBO listed 73 vacation rentals in Beverly Hills, approximately 45 were described as single family residences including 28 houses, 7 villas, 1 castle, 1 country house, 2 bungalows, and 6 estates.

The remaining appeared to be multi-family in nature. In addition, a -6-
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number of properties in the City were listed as available on the airbnb.com, some in single family neighborhoods and some in multifamilyareas.

G. The impact of short-term rentals in single family residential neighborhoods have been discussed in various news articles, including a September 2, 2013 article in the Los Angeles Times in which residents of the Silver Lake neighborhood in Los Angeles have expressed concerns about the operation of “virtual hotels, packing homes with throngs of visitors whose sheer presence alters the community feel.” The City of New York also has concerns with the phenomenon, where, according to a Los Angeles Times Article of October 7, 2013, stays of less than 30 days, like in Beverly Hills, generally are not permitted in apartment units.

H. In multi-family residential neighborhoods, there is a greater likelihood of and expectation of shorter term occupancy of units such as apartments than in single family neighborhoods, however use of properties for stays of shorter than 30 days runs counter to the residential nature of the multi family zones where hotel uses are prohibited. Existing ordinances prohibit this type of use, but further clarification is warranted. -7-
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I. Protection of the City’s single family neighborhoods warrants amendment of the City’s single-family residential zones to establish a minimum termof any rental or lease, and limit the number of times per year single family residential units, including second units, can be rented for short-term occupancy.

J. Protection of the City’s multi-family neighborhoods warrants amendment of the City’s single family residential zones to provide a definition of transient use and clarify that short-term stays of less than 30 days are notpermitted, with an exception for the hybrid Serviced Residences Use proposed to be allowed only in the Mixed Use Planned Development Overlay Zone (M-PD-2).

Section 2. Section 100 of Article 1 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code is amended to insert a new defined term “Serviced Residence” between theexisting defined terms “Second Unit” and “Setback, Front,” as follows, with all other portions of Section 10-3-100 remaining in effect without amendment:
“SERVICED RESIDENCE: A multi family transient use where each dwelling unit includes a full kitchen, laundry facilities and bathroom, no dwelling unit is leased or occupied by any person for less than seven (7) consecutive days, all residents jointly occupy the dwelling unitunder a single written lease, and each dwelling unit is maintained and offered services at a luxury -8-
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standard. By way of illustration, at the time of adoption ofthe ordinance enacting this definition, a “luxury standard” includes a 24-hour resident service team, high-tech fitness center, fullservice business center with executive board room and complimentary high-speed Internet access, a lounge, en-suite dining, same-day valet dry-cleaning and laundry service, and full-time, on-site management and maintenance. All dwelling units include fully-accessorized kitchens, contemporary furnishings, well-appointed bathrooms, premium cable television and Wi-Fi access.”
Section 3. Section 1935 of Article 19.3 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code is amended to revise paragraph B and add a new paragraph J as follows, with all other portions of Section 10-3-1935 remaining in effect without amendment:
“B. Restaurants and bars may be permitted as part of a planned development but only in portions of a mixed use development with an underlying zoning of C-3 or RMCP.”; “J. Serviced Residence uses may be permitted as part of a planned development but only in those portions of a mixed use development with an underlying zoning of RMCP.” Section 4. A new paragraph D is hereby added to Section 1939 ofArticle

19.3 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code, with all other portions of section 10-3-1935 remaining in effect without amendment:
“D. The planning commission may permit, as part of a planned development approval pursuant to Article 18.4 of this Chapter, no more than ten percent (10%) -9-
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of the parking spaces required to be provided for serviced residences to be used for taxi and limousine staging.”
Section 5. Section 100 ofArticle 1 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code is amended to revise the existing definition of “Single Housekeeping Unit” to read as follows:
“SINGLE HOUSEKEEPING UNIT: A traditional family or the functional equivalent of a traditional family, whose members are a nontransient interactive group of one (1) or more persons, where if consisting of more than one (1) person, such persons jointly occupy a single dwelling unit, jointly use cormrion areas, share household activities and responsibilities (e.g., meals, chores, and expenses), and where, ifthe unit is rented or leased, all adult members jointlyagree to occupy and be responsible for the entire premises of the dwelling unit under a single written rental agreement or lease and the makeup ofthe household occupying the unit is determined by the residents of the unit rather than the landlord or property manager.” Section 6. Section 100 of Article 1 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code is amended to insert a new defined term “Multi- Family Transient Use” between the existing defined terms “Multi-Family Residential Zone” and “New Car Dealer” asfollows, with all other portions of Section 10-3-100 remaining in effect without amendment:“MULTI-FAMILY TRANSIENT USE: Rental or lease of a multi-family dwelling unit for a period of less than thirty (30) days.”
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Section 7. Section 100 of Article 1 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code is amended to insert a new defined term “Single-Family Transient Use” between the existing defined terms “Single-Family Residential Zone” and “Single HousekeepingUnit” as follows, with all other portions of Section 10-3-100 remaining in effect withoutamendment:
“SINGLE-FAMILY TRANSIENT USE: Rental or lease of a single-family residence or second unit for a period of less than six (6) months.”
Section 8. The table of uses set forth in paragraph A of Section 302 ofArticle 3 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code is amended to insert a new row immediately after the “Home Occupations...” row, entitled “Single-Family Transitional Use”,inclusive of new footnote number 4, with all other portions of paragraph 10-3-302 A remaining in effect without amendment:

R-1 R-1.X R-1.5 R-1.5X R-1.5X2 R-1.6X R-1.7X R-1.8X
Single- P4 P4 P4 P4 P4 P4 P4 P4
Family
Transient
Use ~4. A Single-Family Transient Use of a single family residence or second unit, as defined in Section 10-3-100, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-family residence or second unit. Use of a single-family residenceor second unit for a single-family transient use more than twice per calendar year is prohibited.” —11—
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Section 9. Section 401 ofArticle 4 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code is amended to read as follows:“10-3-401: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R- 1. shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, small family daycare home, small community care facility, or transitional or supportive housing structured as a single-family residence. A Single-Family Transient Use of a single family residence or second unit, as defined in Section 10-3-100, by a single housekeeping unit is pennitted to commence two (2) times per calendar year for each single-family residence or second unit. Use of a single-family residence or secondunit for a single-family transient use more than twice per calendar year is prohibited.” Section 10. Section 501 ofArticle 4 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code is amended to read as follows:“10-3-501: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R- 1 .X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, small family daycare home, small community care facility, or transitional or supportive housing structured as a single-family residence. A Single-Family Transient Use of a single family residence or second unit, as defined in Section -12-
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10-3-100, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-family residence or second unit. Use of a single-family residence or second unit for a single-family transient use more than twice per calendar year is prohibited.” Section 11. Section 601 ofArticle 4 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code is amended to read as follows:“10-3-601: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zoneR- 1.5 shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, small family daycare home, small community care facility, or transitional or supportive housing structured as a single-family residence. ASingle-Family Transient Use of a single family residence or second unit, as defined in Section 10-3-100, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-family residence or second unit. Use of a single-family residence or secondunit for a single-family transient use more than twice per calendar year is prohibited.” Section 12. Section 701 of Article 4 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code is amended to read as follows:“10-3-701: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R- 1 .5X2 shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied forany purpose except as a private one-family residence, small family daycare home, smallcommunity care facility, or transitional or supportive housing structured as a single-family residence. A Single-Family Transient Use of a single family residence or second unit, as defined in Section 10-3-100, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-family residence or second unit. Use of a single-family residence or second unit for a single-family transient use more than twice per calendar year isprohibited.” Section 14. Section 901 of Article 4 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code is amended to read as follows:
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“10-3-901: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R- 1 .6X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied forany purpose except as a private one-family residence, small family daycare home, small community care facility, or transitional or supportive housing structured as a single-family residence. A Single-Family Transient Use of a single family residence or second unit, asdefined in Section 10-3-100, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-family residence or second unit. Use of a single-familyresidence or second unit for a single-family transient use more than twice per calendar year is prohibited.”
Section 15. Section 1001 ofArticle 4 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code is amended to read as follows:“10-3-1001: USES AND BUILDiNGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zoneR- 1 .7X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied forany purpose except as a private one-family residence, small family daycare home, small community care facility, or transitional or supportive housing structured as a single-family residence. A Single-Family Transient Use of a single family residence or second unit, asdefined in Section 10-3-100, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-family residence or second unit. Use of a single-family -15-
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residence or second unit for a single-family transient use more than twice per calendar year is prohibited.”
Section 16. Section 1101 ofArticle 4 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code is amended to read as follows:“10-3-1101: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zoneR- 1. 8X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied forany purpose except as a private one-family residence, small family daycare home, small community care facility, or transitional or supportive housing structured as a single-family residence. A Single-Family Transient Use of a single family residence or second unit, as defined in Section 10-3-100, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-family residence or second unit. Use of a single-family residenceor second unit for a single-family transient use more than twice per calendar year is prohibited.” Section 17. The City Council has considered the addendum prepared for this project in accordance with the California Environmental Quality Act in conjunction with the EIR previously certified for the development on the project site, finds that the proposed project willnot have any new or substantially increased significant adverse impacts on the environment, andhereby adopts the addendum Further, the City Council finds that the proposed amendments to the text of the various single-family residential zones do not change the conclusion in the addendum. The City Council finds that the residential zone text amendments are exempt from -16-
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CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the amendments will not have the potential for any impacts on the environment. Further, the amendments would be exempt from CEQA pursuant to Section 15305 for single family residential properties with slopes of less than 20%, as well as Section 15308 as an action to protect the environment of the single family residential areas of the City. The City’s multi family areas are not in areas with 20% or greater slopes.

Section 18. The City Council hereby approves this Ordinance and authorizes the Mayor to execute the Ordinance on behalf of the City.

Section 19. Publication. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the Citywithin fifteen (15) days after its passage in accordance with Section 36933 ofthe Government Code, shall certify to the adoption of this Ordinance and shall cause this Ordinance and his certification, together with proof of publication, to be entered in the Book of Ordinances of theCouncil of this City. -17-
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Section 20. 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 andeffect.

Section 21. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.

Adopted: February 18, 2014
Effective: March 21, 2014
(SEAL)
APPROVED S TO FORM:LAURENCE S. WIENER
City Attorney
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AP~RO~EDTE:

City Manager
Director of Community Development
Hills,
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Attachment 8
List of Historic Landmark Properties
Local
Landmark
Number
Street
Number
Dir
.

Street Name Landmark Name Architect Date Built
Number 1 9641 Sunset Boulevard Beverly Hills Hotel Elmer Grey; Paul R. Williams 1912 Number 2 1008 Elden Way Virginia Robinson Estate and Garden Nathaniel Dryden 1910 Number 3 1700 Chevy Chase Drive Beverly Hills Women's Club Gable and Wyant 1925 Number 4 905 Loma Vista Drive Greystone Mansion Gordon Kaufmann 1927 Number 5 469 N. Crescent Drive Beverly Hills Post Office Ralph C. Flewelling 1933 Number 6 332 N. Rodeo Drive Anderton Court Frank Lloyd Wright 1954 Number 7 436 Spalding Drive Karasik House Frank Lloyd Wright Jr. 1960 Number 8 516 N. Walden Drive The Witch's House Harry Oliver 1920 Number 9 9401 Sunset Boulevard Waverly Mansion Leland F. Fuller 1925 Number 10 9990 Santa Monica Boulevard Hilton Office Building William Pereira and Associates 1955 Number 11 801 N. Rodeo Drive Locke House Frank M. Tyler 1941 Number 12 450 N. Crescent Drive Beverly Hills City Hall Koerner and Gage 1932 Number 13 8440 Wilshire Boulevard Saban Theatre S. Charles Lee 1930 Number 14 910 N. Bedford Drive Anthony-Kerry House Greene and Greene 1909; 1923 Number 15 450 N. Rexford Drive Millard Sheets Artwork Installation Millard Sheets 1974 Number 16 801 N. Alpine Drive McGilvray House Wallace Neff 1927 Number 17 1000 N. Crescent Drive Harry Cohn Estate Robert Farquhar 1927 Number 18 9528 Wilshire Boulevard Beverly Wilshire Hotel Walker and Eisen 1928 Number 19 620 N. Sierra Drive Slavin House Marshall P. Wilkinson 1936 Number 20 Santa Monica Boulevard and Wilshire Boulevard Beverly Gardens Park Wilbur Cook Jr. and Ralph Cornell 1906; 1930 Number 21 325-333 S. La Cienega Boulevard Beverly Hills Water Treatment Number 1 Arthur Taylor 1920 Number 22 135 Copley Place The Helms Estate Gordon Kaufmann 1928 Number 23 9379-
9383
W. Olympic Boulevard Beverly Gardens Apartments C.W. Raymond 1930 Number 24 9507 Santa Monica Boulevard Writers and Artists Building Roy Seldon Price 1924 Number 25 707 Walden Drive Joe E Brown Residence Rene Riverre 1930 Number 26 9145 Wilshire Boulevard Ahmanson Bank and Trust Building Millard Sheets 1959 Number 27 9650 Sunset Boulevard Will Rogers Memorial Park Wilbur Cook 1915 Number 28 9439 Sunset Boulevard Kronish Residence Richard Neutra 1954 Number 29 Olympic Boulevard/Beverly Drive/Beverwil Drive Celluloid Monument Merell Gage 1960 Number 30 9101-
9111
Wilshire Boulevard Gibraltar Square - Kate Mantilini Building William Pereira and Associates 1959/1986 Number 31 8423 Wilshire Blvd Clock Drive-In Market Unknown 1929 Number 32 1210 Coldwater Canyon Rosenstiel Residence Vitor Gruen 1950 Number 33 328 S. Rexford Dr Salkin Apartment Building No. 2 Jules G. Salkin 1956 Number 34 1200 Laurel Lane Samuel Golden Estate Douglas Honnold 1934 Number 35 8554 Wilshire Blvd. Fine Arts Ahrya Theatre B. Marcus Priteca 1937 Number 36 805 Hillcrest Rd. Vance Residence John Elgin Woolf 1954 Number 37 427 N. Crescent Dr. Union 76 Service Station Gin Dan Wong 1965 Number 38 157 S. Crescent Dr. Weller-Schreiber Apartment Building A. Markowitz and Son 1935 Number 39 604 Alpine Drive Gindi-Birnkrant House Buff and Hensman 1979 Number 40 626 N. Camden Drive J.B. Hurd Residence Ray P. Stahmann 1941 Number 41 9300 Wilshire Boulevard Wilshire-Rexford Office Building Sidney Eisenshtat 1963 Number 42 1050 Summit Drive David O. Selznick Residence Roland E. Coate 1935 Number 43 1033 Woodland Drive Pendleton-Evans Residence John Elgin Woolf 1941 Number 44 360-375 N. Crescent Drive MCA/Litton Headquarters Complex Paul R. Williams 1938 - 1969 Number 45 501-505 N. Bedford Drive Church of the Good Shepherd James Donnellan 1924 Attachment 9
General Plan Goals and Policies

GENERAL PLAN GOALS AND POLICIES

CITY COUNCIL
JULY 1, 2025
Housing (H) Element
Goal H1 Maintenance and Conservation. Maintain and enhance the quality and character of existing housing and residential neighborhoods.

Policy H1.5 Conservation of Existing Rental Housing. Regulate the conversion of rental apartments to condominium ownership. In addition, monitor the potential loss of existing residential units that are removed as part of a new multi-family residential or mixed-use development.

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

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

Policy H4.2 Development Standards. Evaluate and modify development standards as appropriate to better facilitate the provision of affordable housing.

Land Use (LU) Element
LU 4 Land Use Distribution and Urban Form. Community conservation that protects and enhances the distinguishing qualities of the City, the livability of neighborhoods and the economic viability of business districts while preserving environmental resources and the well-being and health of the City's residents, employees and visitors.

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

LU 6 Single-Family Residential Neighborhoods. Maintenance of the identity, scale, and character of the distinct single-family residential neighborhoods.

LU 7 Multi-Family Residential Neighborhoods. Multi-family residential neighborhoods providing ownership and rental units that are well-designed, exhibit architectural characteristics and qualities representative of the City, and that provide amenities for their residents.

Attachment 10
Public Correspondence
Deborah Blum
N Rodeo Drive
Beverly Hills, CA 90210
August 5, 2024
Beverly Hills Planning Commission
455 N Rexford Drive
Beverly Hills, CA 90210
Dear Members of the Beverly Hills Planning Commission:

I am writing to you in connection with the Planning Commission's upcoming review of the city's short term rental ordinance and Accessory Dwelling Unit ("ADU") regulations.

As long-time residents of Beverly Hills, my husband Dale Herd and I respectfully request that you consider a very limited amendment to the ordinance that would allow owners of a designated historic landmark house such as ours to defray the considerable costs of maintaining a historic property by regularly offering an ADU on the property for short-term rentals.

The story of our house is deeply intertwined with the rich history of Beverly Hills. We live in the historic Locke House, built in 1913 and located on a prominent corner of Rodeo Drive, just one block south of the Beverly Hills Hotel. This house has been a silent witness to the golden age of Hollywood, serving as a temporary residence to Joe Kennedy, who used it as his West Coast base while exploring the movie business. In 1941, my father, Edwin Blum, a screenwriter, purchased the house and continued its legacy by hosting Hollywood gatherings attended by icons like Humphrey Bogart, Lauren Bacall, and Frank Sinatra.

In 1989, Dale and I bought the house from my parents, committing to preserving this piece of Beverly Hills history. We have meticulously restored the property, ensuring that it would continue to reflect the charm and character of its heyday. In 2013, the Beverly Hills Cultural Heritage Commission recognized the Locke House's historical significance by designating it as a landmark property under our Historic Preservation Ordinance.

However, maintaining a historic home like the Locke House comes with significant financial burdens. The costs of preserving original character-defining features and addressing structural issues are substantial. As retirees living on Social Security, we struggle to make ends meet. To address this, we propose allowing owners of designated landmarks to regularly rent one ADU on the property for less than 30 days as long as they continue to reside in the main house.

We understand the Planning Commission's potential concerns about neighborhood disturbances resulting from short-term rentals. However, Airbnb's extensive screening tools allow us to carefully select responsible guests. The guesthouse's proximity to our home coupled with our presence on the property also ensures close oversight. When we’ve rented out our guesthouse over the years, we've had only positive experiences. Our guests from around the world have loved experiencing a part of Old Beverly Hills, making us feel like unofficial ambassadors for the city.

I thank you in advance for considering our request. I am planning to attend the August 8th meeting to answer any questions the Planning Commission might have.

Sincerely,
Deborah Blum
1 Karen Myron
From: Chloe Chen
Sent: Thursday, August 8, 2024 10:10 AM
Cc: Cindy Gordon; Masa Alkire; Michael Forbes; RWG DavidSnow; David Snow; Karen Myron Subject: Commissioner Question re: Short Term Rentals
Good morning Commissioners,
One Commissioner asked about whether any information is available regarding how many cities ban short term rentals in the area, county, or state.

In response, I did a little research online, and I found this statistic: 18 out of 88 (21%) cities in Los Angeles County have severely restricted short-term rentals by adopting Home Sharing Ordinances. These cities implement regulations that essentially ban informal vacation rentals (meaning any short term rental must comply with their regulations); hosts renting out entire properties are now subject to the same formal regulations as regular hotels and bed and breakfasts. Short-term home-sharing is not always prohibited, albeit restricted in those cities. The study also noted a slight decrease in home sale and rental prices as a result of these restrictions on short term rentals.

This is from a research study on Science Direct- please see more information here where it cites the statistic.

Please note the study is from 2021, and it is possible that there have been changes to short term regulations in various jurisdictions since then.

Please let me know if you would like to discuss or if you have any other questions. Thanks! bcc: Planning Commission
Chloe Chen
(She/Her)
Senior Planner
Long Range Planning
Community Development Department
p (310) 285-1194
e [email protected]
NOTE: Planning applications and project resubmittals are currently accepted via email. However, planning applications and project resubmittals are not considered received by the City until such submittal is acknowledged by a Planning Division staff member. If you have questions regarding the status of your planning application, please call 310-285-1000 and ask to speak to a planner. If you have questions about the status of your project resubmittal, please reach out to your assigned planner directly.
250 East 1st Street, Suite 1201; Los Angeles, California 90012 213.336.5900  betterneighborsla.org
August 8, 2024
City of Beverly Hills Planning Commission
455 North Rexford Drive
Beverly Hills, CA 90210
[email protected] Via Electronic Mail
Re: Better Neighbors LA Comment Letter –Agenda Item 2: A Draft Ordinance of The City Of Beverly Hills Amending Short Term Rental Regulations (Transient Uses) For Single Family And Multifamily Residential Zones, And Making A Determination Of Exemption Under The California Environmental Quality Act (Ceqa) – Comment Letter Dear Planning Commissioners,
Better Neighbors LA is a coalition of tenants, housing activists, and community members working to curb illegal short-term rental activity with the intent to protect long-term housing.1 We conduct data analysis and research on the short-term rental industry and its impact on affordable housing. Better Neighbors LA writes to you in support of the staff recommendation to amend the code to ban all short-term rentals and create a specific penalty schedule for violations.

Precautions must be taken to protect housing stock for long-term residents as Southern California continues to face a housing affordability and homelessness crisis. Prohibiting short-term rentals in all residential units within Beverly Hills will preserve existing housing stock and prevent the various problems that short-term rentals invariably introduce—from increased nuisance issues and registration enforcement challenges.

Better Neighbors LA has seen firsthand the impacts of the short-term rental industry in the City of Los Angeles. According to Professor David Wachsmuth of McGill University, shortterm rentals in the City of Los Angeles have increased rents by $810 per year on average and taken 2,500 homes off the long-term market since 2015.
2 In addition, Wachsmuth found that
short-term rentals contributed to an additional 5,000 people experiencing homelessness in the City of Los Angeles each night.3 The growth of the short-term rental market has caused similar impacts in the City of Beverly Hills: your staffs’ report directly connects the removal of multifamily units from the rental market with higher demand for housing, lower housing stock, 1 https://www.betterneighborsla.org/
2 https://upgo.lab.mcgill.ca/publication/strs-in-los-angeles-2022/Wachsmuth_LA_2022.pdf 3 https://upgo.lab.mcgill.ca/publication/strs-in-los-angeles-2022/Wachsmuth_LA_2022.pdf Better Neighbors Comment Letter
Agenda Item 2: Amending Short Term Rental Regulations

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and higher rents.4 Without a ban on short-term rentals coupled with strong enforcement, these units will likely continue to remain off the market to long-term tenants and potential homebuyers.

Families and long-time residents of Beverly Hills continue to face high housing costs. Los Angeles County Department of Public Health survey data from 2024 indicates that nearly 50% of households in the City of Beverly Hills are housing burdened5 and 32% are experiencing severe housing burden, spending 50% or more of their income on housing.6 The City’s limited housing stock also contributes to the high cost of housing. The City’s Housing Element Update included an assessment that found that the main challenge to fair housing and non-discrimination is the limited supply and access to affordable housing. Bevely Hills’ 2023 Housing Element Annual Report lays out fair housing goals that include protecting residents from displacement and increasing access to affordable housing in the City.7 With the combination of housing burdened residents and limited housing stock, it is not enough to just build additional units, the City must also look to a ban on short-term rentals as a way to preserve the affordability of existing and future housing stock for long-term residents.

Many cities in Southern California have passed strong short-term rental regulations to protect long-term housing stock. Most recently, in April 2024, the City of Santa Ana reconsidered their existing de facto short-term rental ban, and voted to codify a continued ban on short-term rentals.8 In Santa Ana, unlawful short-term rentals represented 35% of the City’s new housing needs as determined by the California Department of Housing and Community Development Regional Housing Needs Allocation, meaning that the City was able to potentially fulfill 35% of its obligations in one fell swoop simply by banning short-term rentals.9 Santa Ana is not alone in their efforts. The City Councils of Calabasas, Diamond Bar, Rosemead, and Temple City have all banned short-term rentals.10 The City of Calabasas adopted Ordinance No. 2018-364 in 2018 to ban short-term rentals. They found this ban consistent with the goals of the Housing Element of the Calabasas 2030 General Plan, which include promoting the general welfare of the public.11 Following this trajectory, the City of Beverly Hills should amend their regulations to ban short-term rentals in all residential units. Banning short-term rentals can help keep housing on the market and reduce its cost. For example, a recent study on the impacts of the City of Irvine’s ban on short-term rentals in residential zones found that the enforcement of their 4 Page 11. https://beverlyhills.granicus.com/MetaViewer.php?view_id=57&event_id=6576&meta_id=610700 5 https://data.lacounty.gov/maps/24b60f480d43414bb75a067133bf41f0 6 https://data.lacounty.gov/datasets/24b60f480d43414bb75a067133bf41f0_0/explore?location=34.061572%2C119.434295%2C6.77 7 https://beverlyhills.granicus.com/player/clip/9658?view_id=49&redirect=true 8 https://www.santa-ana.org/short-term-rentals-ban/ 9 https://www.santa-ana.org/short-term-rentals-ban/ 10 Calabasas:
https://library.municode.com/ca/city_of_calabasas/codes/code_of_ordinances?nodeId=TIT17LAUSDE_ARTIIZODI ALLAUS_CH17.12STSPLAUS_17.12.175SHRMREOCPRPREXLAAPHOMOBEBRIN Diamond Bar: https://www.diamondbarca.gov/Faq.aspx?QID=314 Rosemead: https://library.municode.com/ca/rosemead/ordinances/code_of_ordinances?nodeId=900458 Temple City: https://templecity.us/DocumentCenter/View/17244/Ordinance-1059 11 https://library.municode.com/ca/city_of_calabasas/ordinances/code_of_ordinances?nodeId=888054 Better Neighbors Comment Letter
Agenda Item 2: Amending Short Term Rental Regulations

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prohibition resulted in a 3% decrease on average in long-term rents, totaling a reduction of $80.7 million in annual total rental spending. 12
Preventing STRs is essential to preserving access to affordable housing. According to the staff report on this issue, there have been a total of over 400 cases opened to investigate short term rental violations since 2014. A Better Neighbors LA analysis of scraped data from Inside Airbnb in July 2024 revealed 1,157 active short-term rental listings in Bevely Hills on the Airbnb platform alone.
13 In June 2024, there were 1,068 STR listings on Airbnb. We imagine that there are additional listings on platforms like VRBO and Booking.com and speculate that some of these listings are in violation of City’s current ordinance, which limits STRs in single family zones and bans them in multifamily zones.

Short-term rentals present significant negative externalities for Beverly Hills residents. For instance, short-term rental guests can take up parking, leave trash in and around the property, cause noise disturbances, create potential safety concerns, and lead to a loss of privacy. Because of their high turnover, short-term rentals erode the fabric of communities and lead to neighbors becoming strangers. In the mountainous areas of Beverly Hills in particular, new guests coming in and out can create fire safety issues, with additional parked cars restricting access for emergency responders.

A ban on short-term rentals is only as valuable as the enforcement that backs it. As the staff report mentioned, the enforcement of a blanket ban on residential units being used as shortterm rentals is significantly easier and more cost-effective than using limited city administrative resources and staff time on developing and enforcing a permitting system. This is one of the greatest hurdles cities face in attempting to regulate STRs. An umbrella prohibition ensures that the law is clear and specific, making enforcement against illegal short-term rentals much easier.

A short-term rental ban will preserve City resources, protect residents from the negative effects of short-term rentals, and safeguard long-term residents from increasing housing costs and the threat of displacement. For these reasons, Better Neighbors requests the Planning Commission to move forward with a proposal to protect residents by banning short-term rentals in all residential units. Should you have any questions, please contact Maura O’Neill at [email protected].

Sincerely,
/s/ Randy Renick
12 https://onlinelibrary.wiley.com/doi/epdf/10.1111/1540-6229.12440 13 https://insideairbnb.com/
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Outlook
Fw: Short term rental agenda
From Cindy Gordon <[email protected]>
Date Wed 10/30/2024 2:30 PM
To Chloe Chen <[email protected]>

CINDY GORDON, AICP
Principal Planner | City of Beverly Hills | 310.285.1191 NOTE: Planning applications and project resubmittals are currently accepted via email. However, planning applications and project resubmittals are not considered received by the City until such submittal is acknowledged by a Planning Division staff member. If you have questions regarding the status of your planning application, please call 310-285-1000 and ask to speak to a planner. If you have questions about the status of your project resubmittal, please reach out to your assigned planner directly.

From: Darius Moezinia >
Sent: Wednesday, October 30, 2024 1:58 PM
To: CommentPC <[email protected]>
Subject: Short term rental agenda
Some people who received this message don't often get email from [email protected]. Learn why this is important I am the property owner of 306 s. Reeves and have objection for minimum 1 year lease term on my units. Eventhough, I always enter into one year lease with prospective tenants, there has been many occasions where the tenants due to various job, health or other circumstances had to break the lease agreement. I have had many opportunities to lease for 3 to 6 month lease for professionals traveling or physicians and nurses that are here for continuing education or internship and like to keep my options open.

I request to change the minimum rental period to one month.

Darius Moezinia
Sent via mobile, please excuse any typoswe
11/7/24, 10:20 AM Fw: Short term rental agenda - Chloe Chen - Outlook about:blank 1/1
Dear Chair Kaplan and members of the Planning Commission, For your consideration I would like to provide my perspective on the problem of short-term leasing in rent-stabilized multifamily housing and also reflect on the staff report that is provided to the commission.

In brief, I feel that the staff report fails to tee-up for this commission any substantive discussion about the impact of transient use (or short-term leasing more generally) in multifamily areas. You are not presented with the scope of the problem; any discussion about the direct or ancillary impacts on multifamily residents; or even the benefit of data to show the extent to which short-term leasing activity is driving-up housing costs in our city.

Most notably, the staff report proposes no change to short-term regulations for multifamily areas. The one most significant possible regulation — minimum 1-year-tenancies to take down most short-term activity — is not even on the table. West Hollywood though did adopt that measure to address the very same problem we face.

Planning commissioners, I hope you will consider the following points and then choose to recommend that staff come back with better data to inform a substantive, follow-on study session devoted to regulating, and enforcing, short-term leasing in our multifamily areas.
— Rising Cost of Rental Housing —
We know from studies, and from other cities’ efforts to regulate short-term activity, that when rental units are kept off the regular rental market it diminishes supply and raises rents. We have seen that anecdotally over the past few years: asking rents have increased at a torrid pace with double-digit increases year-over-year. It is not uncommon to see an apartment rent for 50% more than it did just a few years ago.

Yet this aspect of the short-term issue is hardy addressed, and where it is addressed it is done so obliquely and toobriefly. Reference page 9 of the staff report: "The Planning Commission may wish to consider the effect of short term rentals on housing affordability and availability in the City.” Yes, you MUST consider it. Housing affordability and thus tenant stability should be this commission’s top priority in accord with Land Use Element goal #1: “…the enhancement and maintenance of the long-term durability and stability of the community.” (Attachment D.)
I would be helpful for the commission to understand the impact of short-term leasing on affordability. Unfortunately the staff report provides no such data although it is available through third parties like Costar (with which our city contracts) and the RSO division. The rental unit registry, in place since 2018, does identify rents for new tenancies as they are created, so there is accurate information about how asking rents have increased over the past few years. Where is that data this staff report? Rising asking rents hit hardest the tenants at the bottom of the ladder. Indeed census data show that a very substantial share of our renting population is ‘rent burdened’ (50%) or 'severely rent burdened’ (30%). The housing arrangements that informed that data is becoming a thing of the past.

As tenants of modest means vacate for whatever reason, new rents in BH are completely unaffordable. We have already lost many of those households.
— Scope of the Short-Term Problem —
At any one time we can go on platforms like AirBnB and VRBO, and many others, including corporate housing platforms, to take a snapshot of the number of multifamily properties offered for short-term leasing at any one time.

There are hundreds, probably. Where in the staff report is there an accounting provided? Staff mentioned to me a proposal to contract with a third-party for this data. Where is that data now? This commission would benefit from understanding how prevalent is the problem of short-term leasing in multifamily particularly because today our city has no grasp of the scope of the problem.

Like me you could simply scroll through the listings.

I myself have recognized many instances in my neighborhood where one or more units are offered for short-term lease. In a couple of cases I found that the entire rental property (or substantially much of it) is kept of the market for short-term leasing. Why is that not mentioned in the staff report? I verified these ‘transient’ online listings by booking a short stay under 30 days:
165 N Arnaz unit 8744 Charleville and 8742 Charleville
170 N Crescent Dr units 202 and 306
121 S Elm 3 units
174 North Almont Drive unit 101
240 S Doheny
9528 Olympic
Neighbors reported transient use to me:
145 S Elm units 2, 3, 8, 11
141 S Elm units 1, 3, 4, 7, 8
402 N Palm (5 of 8 reported as transient)u
210 S Arnaz
137 S Rexford 2nd floor front unit
There are many more on the VRBO platform alone. Some I cannot identify as a particular property because they hide the location. That’s why cities like Santa Monica and Los Angeles sue short-term rental platforms for the day.

Why hasn’t Beverly Hills?
— Nature of the Short-term Impacts —
Aside from affordability, I hear complaints from my neighbors regularly about how strangers rotate in and out of adjacent apartments; and about cars in and out of their off-street parking. I myself live down the block from an owner who rents three buildings on short-terms to itinerant nurses. For years I have seen unfamiliar and out-of-state cars rotate though the off-street parking. That owner, Stephen Copen, does not register these tenancies, I know. I also suspect he abuses parking placards to use for guests.

The worst case I have heard comes from neighbors who complained years ago how the owner facilities transient leasing activity and even denied routine repairs to current tenants in an effort to pressure a tenant to vacate voluntarily. After the vacancy that unit gets remodeled for short-term leasing. One less unit on the regular rental market. I have identified probably twenty units across five buildings marketed in that way by the owner.

The city simply can’t, or chooses not to, enforce properly. Again, that problem with that owner has persisted for years. I will be happy to return to the commission with the substance of those complaints.

None of that is mentioned in your staff report. Not knowing what’s going on keeps this commission from effectively providing recommendations to CDD. Why haven’t you seen any of the complaints received by code enforcement or the RSO division over so many years?
— Staff Report Focuses Exclusively on Single-family —
The most frustrating aspect of the staff report is that it focuses exclusively on short-term leasing activity and regulation in single-family areas rather than multifamily areas.

In fact the report notes how only 20 words in our municipal code would regulate short-term in multifamily:
“MULTI-FAMILY TRANSIENT USE: Rental or lease of a multi-family dwelling unit for a period of less than thirty (30) days” (BHMC 10-3-100).

That is no regulation but instead it is a definition of a term; and the prohibition in multifamily areas is only *implicit.* Why doesn’t this staff report propose explicit language to regulate short-term in multifamily? The city visited this issue back in 2014 and adopted an ordinance that read in part:

In multi-family residential neighborhoods, there is a greater likelihood of and expectation of shorter term occupancy of units such as apartments than in single family neighborhoods, however use of properties for stays of shorter than 30 days runs counter to the residential nature of the multi family zones where hotel uses are prohibited.

Existing ordinances prohibit this type of use, but further clarification is warranted.

First, I have been able to find no such ordinances. And second, where is that further clarification? You might benefit from reviewing the 2014 staff report for additional context. Why isn’t it attached to this staff report? In sum, the city acknowledges that multifamily short-term is a problem but neither defines the scope of it nor proposes any means to more effectively regulate it.
— Transient vs. Short-term —
There is an opportunity here for more effective regulation: a minimum 1-year tenancy in rent-stabilized housing.

That would solve one enforcement problem: distinguishing between a 29 day booking and a 31 day booking for the purposes of enforcing the transient prohibition in multifamily. That would be a big step toward addressing the broader problem.

The fact is that transient use versus short-term tenancies of more than 30 days BOTH undermine the city’s objectives for housing stability and affordability because it keeps units of the regular rental market.

Indeed I can find numerous online listings in multifamily in BH that require a minimum of 30 days. For example on VRBO alone I verified online listings for these actual properties:
320 N Almont
165 N Arnaz unit 8742 Charleville
152 S Peck
There are many more in BH that I could not yet locate to an address. Regardless, every such listing, even if lawful, keeps a rent-stabilized unit off the regular rental market.

West Hollywood instituted minimum 1-year tenancies in rent-stabilized housing precisely to address that problem.

We could do that in BH but the staff report calls that “impractical.” It’s not impractical. Unfortunately it is not discussed in the staff report.
— Enforcement —
Let’s start from the premise that code enforcement in Beverly Hills is broken: short-staffing, management turmoil, departures and as of December one of our officers is suing and alleging a hostile workplace. That is no argument for putting the burden on enforcement especially where it comes to short-term leasing in multifamily. That enforcement is simply not happening.

For example, of the 400 complaints identified over 10 years, how many proceeded to a satisfactory conclusion? That’s the measure.

Enforcement in multifamily must start with tracking, and we have a registry that is useful for that purpose. But when I requested the tenancy registration data for lawful short-term tenancies, of more than 30 days, I invariably find that none of those tenancies are registered, as required. And of course they are not paying tax on that higher revenue.

RSO division appears to have no answer for how to enforce failure to register. — Conclusion —
Given the challenges that I have identified, I believe the single most effective regulation would be a minimum 1- year tenancy in BH RSO housing. That is what should be on your agenda but it is not.

Were the city to have seriously considered reforming a broken system staff would have reached out to tenants to understand the problem. But as the staff report says, “A study session meeting does not require public notification beyond publication of the meeting agenda” (p. 11). That is a missed opportunity to engage tenants who most immediately suffer short-term leasing impacts.

I welcome your call if you would like more information or to discuss the problem. I can be reached any time at Thank you for your attention.
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Note to Commission Secretary: This is not to be read into the record nor summarized.

Honorable Chair, Vice Chair, and Comissioners:

I am having trouble understanding the purpose of this agenda item.

Since there was no "Priority Setting" exercise this year by the Council, is this a carry-over from a previous year?
Or was this Council-initiated?
For example, Councilmember Mirisch has expressed an interest in minimum one-year tenancies.

Other Councilmembers, from the dais, have expressed frustration of hearing complaints from constitutents regarding noise ... but those Councilmembers are no longer in office, and there is no way to determine whether this was a city-wide issue or just one vociferous neighbor complaining about (and suing) another.

The focus of the redline seems upon "...pools, game courts, or yards." Is there a real problem, or is this in response to a single incident? Where is the data? Using the example of Councilmember Mirisch again, he stated he learned to swim and play tennis in a neighbor's pool and backyard. Yes, it was a different era when the City had more of a village feel, but should that not still be the standard today?
Is there truly a need to change the code with respect to "...pools, game courts, or yards"? Instead of these proposed changes, should not the neighbor who promulagated this and who cannot respect the nature of Beverly Hills (to the extent of suing a neighbor), should they not be told, "If you don't like it, move to Calabasas!"
As to the short-term tenancies (i.e. AirBnB, Vrbo, etc.), it remains a problem because the administrative procedures (Attachment C) just do not work, presumably due to lack of personnel ... and lack of utilization of technology.

In contrast, in my neighorhood which abuts the City of Los Angeles, the City of Los Angeles has an active enforcement program. I have periodically seen "cease and desist" letter posted on the doors of short-term rental violators (both single-family and multi-family). It is a process that is City of Los Angeles-initiated with the information generated from a vendor, constantly scanning the internet.

Their entire "cease and desist" process is auomated. I've seen the positive effects in my neighborhood in both single-family and multi-family.

Why is Beverly Hills not using the same vendor, and why is there not an automated process to generate the "cease and desist" letters?
The proposed changes to the ordinance will not fix the problems in Community Preservation.

In conclusion, put the brakes on the revised ordinance for a year.

By then the "...pools, game courts, or yards" complainer could be jettisoned to Calabasas, and Community Preservation could be properly staffed, coupled with the introduction of an automated enforcement mechanicism.

Steve Mayer
250 East 1st Street, Suite 1201; Los Angeles, California 90012 213.336.5900  betterneighborsla.org
November 14, 2024
City of Beverly Hills Planning Commission
455 North Rexford Drive
Beverly Hills, CA 90210
[email protected] Via Electronic Mail
Re: Better Neighbors LA Comment Letter –Agenda Item 5: A Draft Ordinance of the City of Beverly Hills Amending Short Term Rental Regulations (Transient Uses) for Single Family and Multifamily Residential Zones and the Mixed Use Overlay Zone, and Other Related Amendments, and Making a Determination of Exemption under the California Environmental Quality Act (Ceqa)– Comment Letter
Dear Planning Commissioners,
Better Neighbors LA is a coalition of tenants, housing activists, and community members working to curb illegal short-term rental activity with the intent to protect long-term housing.1 We conduct data analysis and research on the short-term rental industry and its impact on affordable housing. Better Neighbors LA writes to you in support of the staff recommendation to prohibit short-term rentals in single-family residential, multi-family residential, and Mixed Use Overlay zones; to establish a one-year minimum lease for single-family residential zones; and to create a specific penalty schedule for violations that set fines to the maximum extent allowed under state law. However, we encourage the Planning Commission to define transient use as 12 consecutive months in multi-family residential zones to standardize the definition of short-term rentals and best promote housing affordability in the city.

Prohibiting short-term rentals in all residential units within Beverly Hills will preserve existing housing stock and prevent the various problems that short-term rentals invariably introduce, including nuisance, loss of privacy, potential safety concerns, and enforcement challenges. As discussed in the August 8 meeting, the current enforcement process has proven to be administratively burdensome; consequently, a full ban on short-term rentals with steep penalties for violation will enable the City to more effectively enforce the ordinance. The current ordinance bans short-term rentals in multi-family residential zones and allows short-term rentals to operate twice a year in single-family residential zones, a distinction that became difficult to track for code enforcement. Establishing another dichotomy between multi-family and singlefamily residential zones in the length of a minimum lease will likely complicate enforcement for the City as well as create confusion for residents.
1 https://www.betterneighborsla.org/
Better Neighbors Comment Letter
Agenda Item 5: Amending Short Term Rental Regulations

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Beverly Hills City CouncilJuly 1, 2025

Beverly Hills City Council
July 1, 2025