AGENDA REPORT
Meeting Date:
Item Number:
September 9, 2025
To: Honorable Mayor & City Council
From: Arlen Eskandari, Assistant Director of Community
Development/Building Official
Subject: AN ORDINANCE OF THE CITY OF BEVERLY HILLS
AMENDING THE BEVERLY HILLS MUNICIPAL CODE
REGARDING SPECIFIC NOISE SOURCES AND
REGULATIONS, AND MAKING A DETERMINATION OF
EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA)
Attachments: 1. Draft Ordinance
RECOMMENDATION
It is recommended that City Council introduce for first reading the proposed ordinance entitled “An Ordinance of the City of Beverly Hills Amending the Beverly Hills Municipal Code Regarding Specific Noise Sources and Regulations, and Making a Determination of Exemption Under the California Environmental Quality Act (CEQA)”, and waive full reading of the ordinance.
INTRODUCTION
The Beverly Hills Municipal Code (BHMC) Section 5-1-202 currently limits the noise level generated by machinery, equipment, fans, and air conditioning systems, prohibiting noise that exceeds the ambient noise level by more than five (5) decibels at the property line. However, this regulation does not distinguish between typical mechanical equipment and emergency or standby generators, which are typically used during power outages or emergencies.
Because emergency and standby generators generally produce higher noise levels when operating during emergencies, applying the existing noise limits to these installations is often impractical. Therefore, staff recommends amending the code to establish more realistic and enforceable noise standards specific to generators. The objective is to encourage and support the responsible use of generators while minimizing disruptions to neighbors and the surrounding community.
Meeting Date: September 9, 2025
DISCUSSION
To support the proposed code amendment, staff undertook a comprehensive review process that included:
• Consultations with certified and authorized generator installers currently active in Beverly Hills.
• Review of noise regulations from comparable municipalities. • In-field ambient noise measurements at multiple locations in each zoning district across the City.
• Research into industry guidance, manufacturer specifications, and recommended best practices for generator operation and noise mitigation.
The key Findings are as follows:
• Generator Noise Variability: Noise levels depend on generator model (aircooled vs. liquid-cooled), size, power load, and placement relative to structures and property lines. Liquid-cooled generators generally are larger and operate more quietly.
• Ambient Noise Fluctuations: Background noise levels fluctuate based on time of day, location, and environmental conditions, complicating enforcement and compliance.
• Measurement Limitations: Current code calls for measuring noise levels at the property line, which may not accurately reflect the noise experienced inside adjacent habitable structures.
• Practical Compliance Barriers: Adhering to the current five-decibel limit often necessitates multiple inspections, equipment relocation, and expensive mitigation efforts.
• Use of Enclosures and Barriers: While helpful for noise control, enclosures must comply with manufacturer safety guidelines to avoid warranty violations or operational hazards.
• Alternative Energy Systems: New construction projects are required to install solar photovoltaic (PV) systems, and where energy storage is included, generators may be rendered unnecessary.
• Other Cities: In reviewing noise regulations from comparable cities, staff found that most cities do not address emergency and standby generators separately from other types of equipment. A few cities exempted generators entirely from noise restrictions and required that they not be installed within any required setback area to reduce noise exposure to neighboring properties.
Per direction received from City Council at the July 1, 2025 Study Session meeting, staff has drafted an ordinance amending the BHMC that allows higher noise levels for emergency or standby generators, but only during actual emergencies, power outages, or during routine maintenance and testing. City Council specifically requested the routine testing to be conducted only on weekdays (Monday through Friday) between the hours of 10:00 a.m. and 3 p.m. to minimize disruption.
The proposed BHMC amendments allow residents to install emergency or standby generators under simpler and more practical regulations and further enhances the City’s resilience during power outages. It reduces pressure on emergency services, supports vulnerable populations, and keeps essential services running. Streamlined regulations would make it easier for people to prepare, benefiting public safety and overall community stability.
Meeting Date: September 9, 2025
ENVIRONMENTAL ASSESSMENT
Staff has assessed the draft ordinance 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 proposed ordinance exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3). The activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The Ordinance is eligible for a Class 5 Categorical Exemption for minor changes in land use limitations and will not have a significant environmental impact.
Pursuant to the provisions set forth in CEQA, the City Council will consider finding the project exempt from further review under CEQA.
FISCAL IMPACT
There is no fiscal impact associated with the proposed code amendment.
Michael Forbes, AICP
Director of Community Development
Approved By
ATTACHMENT 1
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B0785-0001\3136881v3.doc
ORDINANCE NO. 25-O- _____
AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING THE
BEVERLY HILLS MUNICIPAL CODE REGARDING SPECIFIC NOISE
SOURCES AND REGULATIONS, AND MAKING A DETERMINATION OF
EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA)
THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY ORDAINS AS FOLLOWS:
Section 1. Section 5-1-202 (Machinery, Equipment, Fans, and Air Conditioning) of Article 2 (Specific Noise Sources and Regulations) of Chapter 1 (Noise Regulations) of Title 5 (Public Health, Welfare, and Sanitation) of the Beverly Hills Municipal Code is hereby retitled, and new subsections B. and C. are hereby added to Section 5-1-202, to read as follows:
“5-1-202: MACHINERY, EQUIPMENT, FANS, AIR CONDITIONING, AND GENERATORS.
A. It shall be unlawful for any person to operate any machinery, equipment, pump, fan, air conditioning apparatus, or similar mechanical device, other than emergency or standby generators installed and operated as provided below, in any manner so as to create any noise which would cause the noise level at the property line of any property to exceed the ambient noise level by more than five (5) decibels based on a reference sound pressure of 0.0002 microbars, as measured in any octave band center frequency, in cycles per second, as follows: 63, 125, 250, 500, 1,000, 2,000, 4,000, and 8,000 and for the combined frequency bands (all pass).
B. Emergency or standby generators installed and used only during emergencies, utility power outages, or routine testing shall not be operated in any manner to create any noise that would cause the noise level at the property line of any property to exceed the ambient noise level by more than ten (10) decibels measured and tested according to the procedure described in subsection A.
Required routine testing for stationary generators shall be conducted only on weekdays (Monday through Friday) between the hours of 10:00 a.m. and 3:00 p.m. to minimize disruption to the surrounding community. The installer or general contractor shall be responsible for determining the generator's location on-site, taking into account all relevant factors (e.g., proximity to property lines, sound barriers, etc.), and for conducting sound measurement and attenuation calculations before installation to ensure the generator complies with all applicable State and local requirements, including the provisions of this section. -2-
B0785-0001\3136881v3.doc
C. If any enclosure or sound barrier is required to mitigate or reduce the noise level to the required level as specified in this section, the enclosure or barrier shall meet all the manufacturer’s requirements and recommendations. This includes but is not limited to, ventilation, the exhaust system, and clearance around the unit. The enclosure or sound barrier shall also comply with all applicable code requirements, including but not limited to location, height, construction material, and fire ratings, as well as any aesthetic requirements adopted by the Building Official or his or her designee. Any such enclosure or barrier must receive prior approval by the Building Official or his or her designee before installation. The minimum required clearance for Fire Department access to the property, as specified by the City's Fire Official, must be provided around any generator installation.”
Section 2. CEQA. The City Council finds that the adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to the General Rule (14 C.C.R.
Section 15061(b)(3)) because it can be seen with certainty that there is no possibility the adoption of this Ordinance may have a significant effect on the environment.
Section 3. 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 4. Publication. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage in accordance with Section 36933 of the Government Code, shall certify to the adoption of this Ordinance, and shall cause this Ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City.
Section 5. 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:
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B0785-0001\3136881v3.doc
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