BEVERLY
HILLS
AGENDA REPORT
Meeting Date: September 16, 2025
Item Number:
To: Honorable Mayor & City Council
From: Laurence S. Wiener, City Attorney
Subject: AN ORDINANCE OF THE CITY OF BEVERLY HILLS
AMENDING THE BEVERLY HILLS MUNICIPAL CODE
REGARDING SPECIFIC NOISE SOURCES ANDREGULATIONS, AND MAKING A DETERMINATION OF
EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA)
Attachments: 1. Ordinance
RECOMMENDATION
It is recommended that the City Council move to waive the full reading and adopt the 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)”.
INTRODUCTION
At its meeting of August 9, 2025, the City Council conducted a first reading of this ordinance and introduced it.
DISCUSSION
This ordinance amends the Beverly Hills Municipal Code to explicitly include generators in the list of regulated equipment and adds an exemption for emergency or standby generators, allowing for a higher permissible noise level during installation andoperation.
This ordinance was assessed in accordance with the authority and criteria contained inthe California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City.
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Meeting Date: September 16, 2025
FISCAL IMPACT
No anticipated fiscal impact.
Laurence S. Wiener
City Attorney
Approved By
Attachment
1 ORDINANCE NO. 25-0-
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 orstandby 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 am. 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. —1—
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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 adoptionof 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 am. on the thirty-first (31st) day after its passage.
Adopted:
Effective:
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SHARONA R. NAZARIAN, PSYD
Mayor of the City of Beverly Hills,
California
ATTEST:
________________________(SEAL)
HUMAAHMED
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
LAUR NCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager
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