Item E-1 Agenda Report — Beverly Hills City Council, September 30, 2025 (part 1 of 2)

AGENDA REPORT
Meeting Date: September 30, 2025
Item Number:

To: Honorable Mayor & City Council
From: Chloe Chen, Principal Planner
Michael Forbes, AICP, Director of Community Development Subject: AN ORDINANCE OF THE CITY OF BEVERLY HILLS
AMENDING CHAPTER 3 (ZONING) OF TITLE 10 (PLANNING

AND ZONING) OF THE BEVERLY HILLS MUNICIPAL CODE

RELATED TO MULTI-FAMILY RESIDENTIAL

DEVELOPMENT, OBJECTIVE DESIGN STANDARDS, AND

FINDING THE ORDINANCE EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA);
AND

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BEVERLY HILLS TO ADOPT OBJECTIVE DESIGN

STANDARDS (ODS) FOR MULTI-FAMILY HOUSING

PROJECTS WITH AFFORDABLE HOUSING AND FINDING

THE RESOLUTION EXEMPT FROM THE CALIFORNIA

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

2. Draft Resolution

3. Redline BHMC Sections

4. Planning Commission Resolution No. 2092

5. Planning Commission Staff Report – 8/28/2025
(Without attachments)

6. Planning Commission Staff Report – 11/14/2024
(Without attachments)

7. General Plan Goals and Policies

8. Required Discretionary (Subjective) Findings for
Architectural Review

9. Overview of Applicable State Laws for Objective Design Standards

10.Public Correspondence
Meeting Date: September 30, 2025

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_________________________________________________________________________________________________________

RECOMMENDATION
Staff recommends the City Council:
1) Waive the full reading and introduce by title only an ordinance entitled: “AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING CHAPTER 3 (ZONING) OF TITLE 10 (PLANNING AND ZONING) OF THE BEVERLY HILLS

MUNICIPAL CODE RELATED TO MULTI-FAMILY RESIDENTIAL
DEVELOPMENT, OBJECTIVE DESIGN STANDARDS” (Attachment 1); 2) Adopt a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF BEVERLY HILLS ADOPTING OBJECTIVE DESIGN STANDARDS (ODS) FOR MULTI-FAMILY HOUSING PROJECTS WITH AFFORDABLE HOUSING (Attachment 2); and
3) Find the draft ordinance and resolution to be exempt under the California Environmental Quality Act (CEQA).

INTRODUCTION
This report provides information regarding a draft ordinance to amend Chapter 3 of Title 10 of the Beverly Hills Municipal Code to introduce Objective Design Standards (ODS) and a draft resolution to adopt the ODS. To ensure high-quality design, the City has historically relied on case-by-case review of commercial, single-family, and multi-family housing projects by the Architectural and Design Review Commission (ADC), based upon required findings, or by City staff based largely on subjective standards. However, under state law, cities may no longer deny or reduce the density of a housing development based solely on subjective design criteria if the project otherwise complies with objective zoning standards. Recent state laws including the Housing Accountability Act (Gov. Code § 65589.5) and Senate Bill (SB) 330 “Housing Crisis Act of 2019,” as amended and extended by SB 8 (Gov. Code §§ 65941.1, 65905.5, 66300), require cities to base decisions only on objective standards when reviewing housing projects, although there is some limited ability to impose conditions of approval based on subjective standards. An overview of the applicable state laws, including the Housing Accountability Act, SB330, and SB8, is Attachment 9. Objective standards are definitive, measurable, and consistently applicable across projects without personal judgment or discretion.

The City’s architectural review process is based on subjective criteria (Attachment 8). The proposed ODS were crafted with the City’s existing multi-family residential architectural review criteria in mind to preserve the intent of the architectural review process to the extent possible through objective, non-discretionary standards. Significantly, the ODS do not alter existing objective standards for density, height, or setbacks. Instead, they add a layer of objective design requirements to complement the existing objective zoning requirements.

The proposed ODS would apply to multi-family housing developments with at least one affordable unit. The City is planning for a Phase 2 to broaden the use of objective design standards by end of 2026. In the FY 2025/26 budget, the City Council allocated $200,000 for consulting services to prepare comprehensive objective design standards for all multifamily and mixed-use projects. This effort will build upon the proposed standards for multifamily projects and add requirements for mixed-use developments.

Meeting Date: September 30, 2025

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DISCUSSION
Planning Commission Review
November 14, 2024 Planning Commission Discussion
The Planning Commission held a study session on the proposed ODS on November 14, 2024. The Commissioners generally agreed with a need for the ODS and provided preliminary feedback on possible features to regulate, as well as opportunities to simplify the City’s existing standards, based on past project reviews. The Commissioners also expressed an interest to form an ad hoc committee due to the complex nature of developing the ODS and came to a consensus that an ad hoc committee would be appointed at the following regular meeting.

January 15, 2025 Architectural and Design Review Commission Discussion The Architectural and Design Review Commission held a study session on the proposed ODS on January 15, 2025. The Commissioners provided preliminary feedback on which topics the ODS should address, including materiality, consistency of articulation throughout the building, and tree planting. The Commission appointed the Chair and Vice Chair as members of an ad hoc committee.

Ad Hoc Committee Meetings
The Planning Commission and the Architectural and Design Review Commission ad hoc committee (ADC then-Chair Evan Meyer and then-Vice Chair Rebecca Pynoos, and PC then-Chair Terri Kaplan and then-Vice Chair Jeff Wolfe) met together several times in 2024 and early 2025 to identify recurring design concerns (such as building bulk, neighborhood compatibility, and material quality) that the objective standards should address. As part of this process, staff also met with a group of architects and designers who have worked on projects within the city, and with internal staff members to vet the proposed objective design standards.

July 16, 2025 Architectural and Design Review Commission Discussion At the July 16, 2025 Architectural and Design Review Commission meeting, the Commissioners reviewed the draft ODS document. The Commissioners expressed a concern that the originally proposed minimum façade material requirement (Standard S6.2) may result in busy, cluttered facades and recommended reducing the minimum required number of materials from three to two. Overall, the Commissioners expressed a support for the draft ODS.

August 28, 2025 Planning Commission Discussion
At the August 28, 2025 Planning Commission meeting, the Commissioners reviewed the draft ordinance and ODS document. The Commissioners had questions in response to public comments, particularly regarding noise and privacy, and regarding the typical review and approval process with the ODS. They agreed with the Architectural and Design Review Commission’s recommendation to reduce the minimum number of façade materials required from three to two. Generally, the Commissioners were in support of the ODS and unanimously voted to recommend the City Council to approve the ordinance and ODS with the amendment for variety of façade materials.

Proposed ODS
Staff has prepared a draft ODS document that reflects the direction provided by the Planning Commission. A summary of the proposed ODS is provided below, and the draft document is included in Exhibit A of Attachment 2.

Meeting Date: September 30, 2025

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Table 1. ODS High-Level Summary
Section What it Regulates Requirements

1. Applicability and
Procedure
Determines when a
project is exempt
from ADC hearing.
• Qualifying multi-family project
must meet every ODS standard to
receive architectural review
exemption. All other discretionary
processes still intact
(Development Plan Review, etc.).
• Up to five deviations may be
granted by the PC as part of the
DPR. More than five deviations
require ADC review.
• Defers to state law in case of
conflict.

2. Massing and
Articulation
Controls building
bulk and blank
walls.
• Provides prescribed façade
modulation, including residential
side walls, and a minimum window
area on street elevations.
• Walls may not be featureless.

3. Contextual
Design
Manages
streetscape
compatibility.
• Borrow one or more design
elements from buildings within 200
ft (or district style in historic
districts).

4. Privacy and
Windows
Protects privacy
where buildings sit
close together.
• Windows less than 8’ from a
property line must be offset,
angled, or obscured.
• All windows require a recess or
frame for depth.

5. Balconies and
Rooftop Decks
Limits overlook and
noise.
• Rooftop decks adjoining housing
require a setback from roof edges
and a 6’ clear sound wall.
• Balconies near single-family
interior lot lines require translucent
railing.

6. Materials and
Detailing
Maintains premium
exterior quality.
• Each street façade must display at
least two distinct materials; vinyl
windows/siding, mirrored glass,
and faux-wood plywood are
prohibited.

7. Landscaping,
Lighting, and
Parking
Improves the public
realm and screens
utilities.
• Require a set street-tree ratio, fully
shield exterior lights, and screen
any street-facing parking podium
or equipment yard.

8. Historic-Adjacent
Transitions
Protects scale of
City-designated
landmarks.
• Within the transition zone, new
building height/width/length may
be no more than 110% of the
adjacent landmark’s dimensions.

As shown in the table, the draft ODS includes quantifiable regulations to guide design in a manner that does not require subjective judgment. These standards are intended to capture the expectations of the ADC and PC their review of multi-family housing.

Meeting Date: September 30, 2025

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Proposed Zone Text Amendment
Additionally, staff has prepared an ordinance for zone text amendments to authorize the adoption of the ODS, as well as to simplify and clarify existing regulations for multifamily residential developments to reduce housing constraints. A summary of changes is provided below, and a redline version of the code is provided in Attachment 4.

Table 2. Summary of Proposed Code Amendments
Article 1
(Definitions)
Amend the definition of “Height of Building” for multi-family buildings (BHMC §10-3-100)
Exempts the required 6’ clear noise barrier for rooftop decks under the ODS (Standard S5.3), measured from the finished floor surface of the rooftop deck. Add new definition for “Objective Design Standard” per Government Code §66300(a)(7).

Article 28
(Multiple-Family
Residential
Development)
Streamline Density Calculation and Update Nonconforming Density (BHMC §10-3-2801)
Reorganizes density calculation in a user-friendly table. Clarifies that multi-family buildings with existing nonconforming density may rebuild to their existing unit count, per state housing preservation requirements.

Façade Modulation (BHMC § 10-3-2806)
Clarifies façade modulation requirements by restructuring calculation methods and removing redundant language. Two graphics were also added illustrating the modulation calculation and aggregate principal building area. No change is proposed to the amount, placement, or other required provisions of modulation.

Reduce Minimum Unit Sizes (BHMC §10-3-2802)
Existing BHMC requirements establish minimum floor area for each multi-family unit depending on the bedroom count. These minimums no longer reflect current housing needs or market conditions, and the Housing Element identifies the City’s existing unit-size requirements as a barrier to producing smaller, more affordable housing. Accordingly, the minimum floor areas are proposed to be reduced to match the minimums of the Mixed Use Overlay Zone in BHMC §10-3-1882.

Roof Eaves and Drainage (BHMC §§10-3-2810, -2811)
Removes the requirements for ADC approval of roof eaves and drainage features encroaching into setbacks as compliance would be assessed through the ODS or the PC or ADC review processes.

An optional best practice guidance (G9) has been included within the ODS.

Simplify and Modernize Development Standards (Various Sections) Update and modernize development standards throughout for clarity and ease of use by staff, residents, and developers.

Article 28.5
(R-4 Permits)
Corrects section references to R-4 permits from Article 28 updates (BHMC §10-3-2850). Adds missing references to existing tandem parking request from BHMC §10-3-2816 and replacement or expansion of a garage or carport from §§10-3-2808(B) and (C).

Meeting Date: September 30, 2025

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Table 2. Summary of Proposed Code Amendments (Cont.)
Article 30
(Architectural
Review)
Modifies Architectural Review requirements to reference the new exemption for ODS projects. Specifies projects requesting more than five deviations from ODS standards require Architectural Review by ADC (BHMC §§10-3-3007(A)(1) and (J).

Article 31
(Development
Plan Review)
Updates procedures to allow a Development Plan Review to approve up to five deviations from ODS standards through a density bonus project (BHMC §§10-3-3100(I) and 10-3-3102(A).

Notably, the amendments do not alter allowable objectively defined density, height, or setback standards. The amendments serve two purposes: (1) to reference the ODS, and (2) to simplify existing regulations per the Planning Commission’s direction and the Housing Element Implementation Program 12.1.

GENERAL PLAN GOALS AND POLICIES
The adoption of the ODS and related zone text amendments implements Implementation Program 12.1 (Development Standards) of the Housing Element of the General Plan, which requires the following actions to meet the City’s “fair share” of housing demand and ensure that local regulatory mechanisms do not impose undue barriers to the production of housing:

• Adopt objective design standards to clearly and transparently govern multi-family and mixed-use housing projects by 2026;
• Streamline approvals for compliant projects with affordable housing through Director-level architectural review; and
• Update multi-family development standards to clarify existing requirements for density, unit size, and, by the end of 2025, the modulation of building forms.

PUBLIC OUTREACH AND NOTIFICATION
The notice for this project was provided for the pursuant to the requirements set forth in BHMC §10-3-2.5, et seq. Staff provided a courtesy notice to the interested parties list.

Public Comment
No written comments have been submitted as of the writing of this report.

At the Planning Commission meeting of August 28, 2025, two public comments were provided. One commenter requested that the Commission balance any resident requests with high quality design in considering the ODS. Another commenter was the Chair of the Architectural and Design Review Commission, who expressed a general support of the ODS and in addition raised a need to raise public awareness on state housing laws. In addition, seven written comments were submitted. The comments expressed a general support for the ODS, but presented various requests for additional restrictions, including:
• Additional opaqueness, setback, and size requirements for windows, balconies, and rooftop decks facing single family residential properties for privacy and noise; • Ban open flame, barbeque, and amplified sound on balconies and rooftop decks; and
• Limit alley traffic.

Meeting Date: September 30, 2025

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All written comments on this topic, including those submitted for the Planning Commission and Architectural and Design Review Commission meetings, have been included in Attachment 10.

ENVIRONMENTAL REVIEW
It is recommended that the City Council find the Ordinance exempt from additional environmental review under the California Environmental Quality Act (CEQA), pursuant to Guideline Section 15162 (Subsequent EIRs and Negative Declarations). The provisions of this Ordinance (including the ODS Resolution) and related code amendments are within the scope of and consistent with the Addendum to the Mitigated Negative Declaration for the Amendments to the Adopted 2021 – 2029 City of Beverly Hills Housing Element (State Clearinghouse No. 2021090102), which was adopted by the City Council on March 18, 2024 and certified by the State Department of Housing and Community Development on May 1, 2024. The Ordinance and Resolution also appear to qualify for the Class 5 Categorical Exemption under CEQA Guidelines Section 15305 as a minor alternation in land use limitations because the amendments do not result in any changes to allowable density or land use, and the residential areas of the City to which the Amendments apply have an average slope of not more than 20%.

FISCAL IMPACT
No fiscal impact is anticipated as a result of this action. Staff will continue to review and process projects through existing processes.

NEXT STEPS
The proposed ODS represent the first phase of this effort. Pending City Council approval of the ODS, staff will engage a consultant to prepare expanded and comprehensive ODS through Phase 2.

Michael Forbes, AICP
Director of Community Development
Approved By
Attachment 1
Draft Ordinance
1 B0785-0001\3164136v1.doc
ORDINANCE NO. 25-O-_______

AN ORDINANCE OF THE CITY OF BEVERLY HILLS
AMENDING CHAPTER 3 (ZONING) OF TITLE 10 (PLANNING

AND ZONING) OF THE BEVERLY HILLS MUNICIPAL CODE

RELATED TO MULTI-FAMILY RESIDENTIAL

DEVELOPMENT, OBJECTIVE DESIGN STANDARDS, AND

FINDING THE ORDINANCE EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, recent amendments and ongoing trends in state housing laws– including the Housing Accountability Act (Gov. Code §§ 65589.5) and the Housing Crisis Act of 2019 (Gov. Code §§ 65941.1, 65905.5, 66300)–limit the City’s authority to disapprove or reduce the density of housing projects that comply with all objective General Plan, zoning, and design standards;
WHEREAS, Government Code §66300(a)(7) defines an “objective design standard” as a standard that involves no personal or subjective judgment by a public official and is uniformly verifiable by reference to an external and objective benchmark, and the City seeks to adopt and apply standards meeting that definition; WHEREAS, the proposed amendments are consistent with the City’s General Plan, including goals and policies promoting high-quality design, the preservation of neighborhood character, and streamlined housing production; WHEREAS, the City conducted publicly noticed study sessions on the concept of objective design standards with the Planning Commission on November 14, 2024, and with the Architectural and Design Review Commission on January 25, 2025, during which the 2 B0785-0001\3164136v1.doc
need for objective standards was introduced and discussed, and the commissions provided direction on potential ODS topics;
WHEREAS, at these study sessions, both the Planning Commission and the Architectural and Design Review Commission appointed ad hoc committees, each composed of two appointed members from the respective commission; and the appointed members of the two ad hoc committees worked closely with City staff to identify core design principles and priorities, and subsequently developed preliminary draft ODS document reflecting those identified priorities for formal consideration; WHEREAS, on April 23, 2025, City staff held a listening session with local architects and designers of housing projects to evaluate the practical application, feasibility, and enforceability of the proposed ODS concepts; and the Objective Design Standards ad hoc committees reviewed the recommendations accordingly and incorporated relevant refinements into the final ODS adopted herein;
WHEREAS, on July 16, 2025, the Architectural and Design Review Commission held a duly noticed study session to review the draft ODS and related process amendments in Article 28, affirming general support while expressly noting concerns about the feasibility and enforceability of Standard No. S6.1 (Variety of Materials), which requires a minimum of three (3) distinct materials on each street-facing façade; these concerns were formally transmitted to the Planning Commission for further evaluation; 3 B0785-0001\3164136v1.doc
WHEREAS, the Planning Commission considered this Ordinance on August 28, 2025, at a duly noticed public hearing, as prescribed by law, at which time interested persons had an opportunity to and did testify either in support or against this matter. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission found that the public interest, health, safety, morals, peace, comfort, convenience, or general welfare requires the Zoning Text Amendment and adopted Resolution No. 2092, recommending approval of the Ordinance by the City Council and that the City Council find the Ordinance exempt from the CEQA; and WHEREAS, the City Council considered the Ordinance on September 30, 2025, at a duly noticed public hearing, as prescribed by law, at which time interested persons had an opportunity to and did testify either in support or against this matter. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council.

THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY ORDAINS AS FOLLOWS:

Section 1. Adoption of Zoning Text Amendments. The Beverly Hills Municipal Code (“BHMC”) is hereby amended as set forth in Sections 2 through 8 of this Ordinance. Article 28 of Chapter 3 is amended in its entirety as shown in Exhibit A, attached hereto and incorporated herein by reference.

Section 2. Amendment to Define “Objective Design Standard.” A new definition for “Objective Design Standard” is hereby added to in Section 10-3-100 of Article 1 (Definitions) in 4 B0785-0001\3164136v1.doc
Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC, inserted alphabetically between the existing definitions of “Nonresidential Zone” and “One-Family or Single-Family Residence or Dwelling,” to read as follows:
“OBJECTIVE DESIGN STANDARD: A standard as defined by Government Code §66300(a)(7) as it may be amended from time to time. For the purposes of this title, such a standard (i) involves no personal judgement, (ii) is uniformly verifiable by reference to external and objective benchmarks, and (iii) may be applied ministerially.” Section 3. Amendment to Definition of “Height of Building.” Paragraph B (regarding Multiple-Family residential zones) of the definition of “Height of Building” in Section 10-3-100 of Article 1 (Definitions) in Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended by adding a new subparagraph 11 to read as follows, with all other provisions of the “Height of Building” definition remain unchanged:
“11. Rooftop Noise Barrier: A transparent or clear barrier placed on the rooftop of a building not exceeding six feet (6’) in height, measured from the finished floor surface of the adjacent rooftop deck.”
Section 4. Amendment to R-4 Permit Standards. Section 10-3-2850 (R-4 Permits That May Be Granted) of Article 28.5 (R-4 Permits of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended in its entirety to read as follows:
“10-3-2850: R-4 PERMITS THAT MAY BE GRANTED:

Notwithstanding any other provision of this chapter, upon application by a property owner in a form satisfactory to the director of planning and community development, the 5 B0785-0001\3164136v1.doc
reviewing authority may issue an R-4 permit to the following development standards as provided within this chapter:

A. Subsections 10-3-2808B, C and E1 regarding rear setbacks; B. Subsection 10-3-2804D1 regarding the height of buildings and rooftop bathroom facilities;
a. Section 10-3-2806 C. regarding the depth of required modulation; C. Section 10-3-2809 regarding length of buildings;
D. Section 10-3-2813 regarding front yard paving;
E. Section 10-3-2819 to permit residential units above existing garages or carports; F. Subsection 10-3-1238 A. regarding setback encroachments; G. Subsection 10-3-2806 D.4.b.i. regarding the percentage of front façade of the first two (2) stories of a large scale multiple residential development that is required to be built to the front setback line;
b. Section 10-3-2804 D.2. regarding extension of legally nonconforming height; H. Section 10-3-5001 regarding multi-family accessory dwelling unit development standards;
c. Sections 10-3-2808 B. and C. regarding replacement or expansion of a garage or carport; and
d. Section 10-3-2816 F. regarding unit bonus parking.”
Section 5. Amendment to Architectural Review Requirements. Subsection (A)(1) of Section 10-3-3007 (Architectural And Design Review Required) of Article 30 (Architectural And Design Review Commission, Architectural Review) of Chapter 3 (Zoning) of Title 10 (Planning 6 B0785-0001\3164136v1.doc
and Zoning) of the BHMC is hereby amended to read as follows, with all other provisions of Section 10-3-3007 remain unchanged:
“A.1. Approval: No building, structure, sign, wall, fence, or landscaping located in any zone, other than a single-family (one-family) residential zone in the Hillside Area or Trousdale Estates, shall be erected, constructed, altered, or remodeled unless the elevations and plans for the exterior portions and areas and the interiors of mall areas, as defined in section 10-3-100 of this chapter, have first been reviewed and approved by the Director pursuant to subsection E of this section, or by the Architectural and Design Review Commission, or by the Council on appeal. In addition, new construction of multi-family residential development (not part of a mixed-use development) requesting more than five (5) deviations from the Objective Design Standards as adopted by Resolution of the City Council pursuant to section 10-3-2800.5 of this chapter that are requested through incentives, concessions, or waivers as part of a state density bonus project (pursuant to Government code section 65915 through 65918, et. Seq or any successor statute) and reviewed pursuant to section 10-3-3100 of this chapter, shall require approval by the Architectural and Design Review Commission, or by the Council on appeal.” Section 6. Amendment to Architectural Review Requirements. Subsection (J) of Section 10-3-3007 (Architectural And Design Review Required) of Article 30 (Architectural And Design Review Commission, Architectural Review) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows, with all other provisions of Section 10-3-3007 remain unchanged:
“J. Exemption: The provisions of this article shall not apply to:
7 B0785-0001\3164136v1.doc

1. New construction of multi-family residential development, not part of a mixed-use development, fully compliant with the Objective Design Standards as adopted by Resolution of the City Council pursuant to section 10-3-2800.5 of this chapter or with up to five (5) deviations from the Objective Design Standards as adopted by Resolution of the City Council pursuant to section 10-3-2800.5 of this code that are requested through incentives, concessions, or waivers as part of a state density bonus project (pursuant to Government code section 65915 through 65918, et. Seq or any successor statute), if approved by the Planning Commission per section 10-3-3100 of this chapter.

2. Certain single-family projects as described in subsection 10-3-2426B of this chapter.”
Section 7. Amendment to Development Plan Review Procedure. Section 10-3-3100 (Development Plan Review Required) in Article 31(Development Plan Review) in Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to add a new subsection (I) as follows, with all other provisions of Section 10-3-3100 remain unchanged:
“I. Any multi-family residential project requesting up to five (5) deviations from the Objective Design Standards as adopted by Resolution of the City Council pursuant to section 10-3-2800.5 of this chapter that are requested through incentives, concessions, or waivers as part of a state density bonus project (pursuant to Government code section 65915 through 65918, et. Seq or any successor statute).” Section 8. Amendment to Development Plan Review Authority for ODS Deviations.

Subsection (A) of Section 10-3-3102 (Reviewing Authority for Development Plan Review Applications) in Article 31(Development Plan Review) in Chapter 3 (Zoning) of Title 10 (Planning 8 B0785-0001\3164136v1.doc
and Zoning) of the BHMC is hereby amended to add a new subsection (8) as follows, with all other provisions of Section 10-3-3102 remaining unchanged:
“8. Any multi-family residential project requesting up to five (5) deviations from the Objective Design Standards as adopted by Resolution of the City Council pursuant to section 10-3-2800.5 of this chapter that are requested through incentives, concessions, or waivers as part of a state density bonus project (pursuant to Government code section 65915 through 65918, et. Seq or any successor statute).” Section 9. Amendment to Development Plan Review Standards for ODS Compliance.

Subsection (A) of Section 10-3-3104 (Standard of Review of Development Plan Review Applications) in Article 31 (Development Plan Review) in Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended as follows, with all other provisions of Section 10-3-3102 remaining unchanged:
“A. The proposed plan is consistent with the general plan and any specific plans adopted for the area, and complies with all development standards and Objective Design Standards as adopted by Resolution of the City Council pursuant to section 10-3-2800.5 of this chapter, unless deviations from standards are authorized through state density bonus law (pursuant to Government code section 65915 through 65918, et. Seq or any successor statute) or pursuant to section 10-3-3100 of this chapter.

Section 10. General Plan Consistency. The City Council finds that the provisions of this Ordinance are consistent with the City’s General Plan, including the Housing Element, as follows:
9 B0785-0001\3164136v1.doc
a. Land Use Element Goals and Policies
i. General Plan Goals LU 2 (Community Character and Quality) and LU 7 (MultiFamily Residential Neighborhoods) envision multi-family residential areas distinguished by a high level of design quality in site planning, architecture, landscaping, and compatibility with their context. The ODS furthers these goals by codifying the City’s heritage of exceptional architectural design into clear objective standards such as additional façade articulation, limits on building massing, and other contextual design requirements.
ii. Land Use Policy LU 5.1 (Neighborhood Conservation): Policy LU 5.1, under Goal LU 5 (Complete, Livable, and Quality Neighborhoods), calls for maintaining the uses, densities, character, amenities, and quality of the City’s residential neighborhoods. Adoption of objective design standards does not change density, height, setbacks or other development standards, and directly advances this policy by regulating the form and design of new multi-family buildings with their surroundings.
b. Housing Element Goals and Policies
i. Housing Element Program 12.1 (Development Standards): Housing Element Implementation Program 12.1 outlines several code updates to facilitate housing development, including: adopting specific objective design review findings and standards for multi-family and mixed-use residential projects; streamlining the approval process by allowing Director-level architectural review for multi-family and mixed-use residential projects that include affordable housing; simplifying various 10 B0785-0001\3164136v1.doc
requirements for multi-family buildings including modulation and parking; reducing minimum unit size requirements; and adopting objective design standards for multifamily residential projects by 2026 (with accompanying clear design guides for applicants). This Ordinance directly implements aspects of Program 12.1 by providing objective design standards for multi-family residential projects and by creating a streamlined, Director-level design review path (with limited deviations) for projects that include affordable units and updating multi-family residential development standards.

Section 11. CEQA. This ordinance has been 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 City Council finds and declares the ordinance does not require additional environmental review under CEQA pursuant to Guidelines Sections 15162 (Subsequent EIRs and Negative Declarations) and are categorically exempt from further review under Section 15305 (Class 5 – Minor Alterations in Land Use Limitations), based on the following determinations:
a. Consistency with Prior Housing Element Analysis: Pursuant to CEQA Section 15162, the provisions of this ordinance (including the ODS document and related code amendments) are within the scope of and consistent with the Addendum to the Mitigated Negative Declaration for the Amendments to the Adopted 2021 - 2029 City of Beverly Hills Housing Element (State Clearinghouse No. 2021090102), which was adopted by the City Council on March 18, 2024 and certified by the State Department of Housing and Community Development on May 1, 2024. The design standards and procedures established by this Ordinance implement Housing Element Program 12.1 11 B0785-0001\3164136v1.doc
and do not introduce new significant environmental effects, directly or indirectly, beyond those already analyzed in the Addendum to the Mitigated Negative Declaration. b. Class 5 Categorical Exemption (Minor Alterations in Land Use Limitations):

Independently, the City Council finds this Ordinance qualifies for the Class 5 Categorical exemption under CEQA Guidelines Section 15305 as a minor alternation in land use limitations. The Objective Design Standards and associated zoning text amendments do not change the permitted density or intensity of development on any property. Moreover, the amendments do not apply to residential properties in the City with impose objective design requirements and streamline certain review procedures without authorizing any increase in development potential beyond what is allowed under existing zoning and the General Plan. Accordingly, the regulatory changes are minor land use clarifications that will not have a significant effect on the environment.

Section 12. 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 13. 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. 12 B0785-0001\3164136v1.doc
Section 14. 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. The City Clerk is directed to certify to the enactment of this Ordinance and to cause this Ordinance to be published and/or posted as required by law.

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
Exhibit A: Zoning Text Amendments to Article 28 of the Zoning Code (Multiple-Family Residential Development Standards)
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EXHIBIT A
Zoning Text Amendments to Article 28 of the Zoning Code (Multiple-Family Residential Development Standards)
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EXHIBIT “B”
Article 28 (Multiple-Family Residential Development Standards) Article 28 (Multiple-Family Residential Development Standards) in Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code is hereby revised in its entirety as follows:

ARTICLE 28. MULTIPLE-FAMILY RESIDENTIAL

DEVELOPMENT STANDARDS
10-3-2800: APPLICABILITY:

Except as specifically provided in articles 12.5 and 12.8 of this chapter to accommodate housing for seniors and disabled persons, the development standards set forth in this article shall apply to all properties zoned R-3, R-4, R-4X1, and R-4X2. Nothing required by this article shall be construed to supersede the requirements set forth in chapter 2, article 7 of this title regarding the conversion of the form of ownership of an existing rental apartment building that has been determined by the planning commission to be a "character contributing building" in accordance with section 10-2-707 of this title to a common interest development within the meaning and definitions of that article. (Ord. 95- O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 06-O-2497, eff. 4-6- 2006)
10-3-2800.5: OBJECTIVE DESIGN STANDARDS:

A. Purpose and Applicability: The Beverly Hills Objective Design Standards (ODS), adopted by City Council resolution, shall apply to all new multi-family residential development that contain at least one deed-restricted affordable housing unit. The ODS protect Beverly Hills’ architectural legacy by requiring articulated facades, contextsensitive design elements, high-quality materials, and transitions adjacent to historic landmarks, among other design standards. By removing subjective design discretion, the standards facilitate predictable, efficient housing approvals, consistent with Government Code §§ 65589.5(h)(2), 65913.4 and similar statutes.

B. Architectural Review Exemption: Projects meeting all applicable ODS standards shall be exempt from architectural review pursuant to section 10-3-3007.J (Architectural Review Required) of this code. All other discretionary entitlements as required by this code remain applicable.

C. Concurrent Compliance: Projects subject to the ODS must also comply with all applicable development standards set forth in this article 28.

D. Resolving Conflicts Between Standards: Where a design element is regulated by both article 28 and the IODS, the more restrictive standard shall govern unless stated otherwise within the ODS.

E. Advisory Guidelines: In addition to the mandatory Objective Design Standards, advisory guide may be included in the ODS. which are intended to be advisory, do not impose mandatory requirements, and may be voluntarily used by applicants during discretionary Development Plan Review processes pursuant to section 10-3-3100. 2 B0785-0001\3164157v1.doc
10-3-2801: DENSITY:

The maximum number of dwelling units that may be constructed on a multiple-family zoned property is determined according to the street width of the site proposed for development and proximity to single-family residential zones.

Fractional calculations resulting in a remainder of site area exceeding seventy-five percent (75%) of the minimum required square footage per dwelling unit shall be rounded up to the next whole unit.

A. Within 170 Feet of A Single-Family Lot: The site is located less than 170 feet from the nearest single-family zoned property.

Lot Width Density
Less than 60 ft. 1 dwelling unit per 1,700 sq. ft. of site area 60 ft. to 120 ft. 1 dwelling unit per 1,450 sq. ft. of site area More than 120 ft. 1 dwelling unit per 1,200 sq. ft. of site area B. Streets Less than 34 Feet Wide: The site is not subject to Condition A, but is located on a public street with a width of less than 34 feet.

Lot Width Density
Less than 60 ft. 1 dwelling unit per 1,500 sq. ft. of site area 60 ft. to 120 ft. 1 dwelling unit per 1,200 sq. ft. of site area More than 120 ft. 1 dwelling unit per 1,000 sq. ft. of site area C. All Other Sites: The site is neither subject to Condition A nor B, and is at least 170 feet from a single-family lot and located on a street at least 34 feet wide.

E. Legal Nonconforming Units:

Notwithstanding the density limits established in section 10-3-2801 of this chapter, a property with more dwelling units existing than permitted by the density limits established in this code or the City’s adopted General Plan shall reconstruct the same number of units 3 B0785-0001\3164157v1.doc
that currently exist on site to comply with the criteria in Government Code Section 66300.6 (“demolition of housing units”) or its successor statute, provided the units were lawfully established and all new construction complies with applicable development standards.

This provision shall also apply to any sites listed on the City’s adopted Housing Element Sites Inventory. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 00- O-2351, eff. 10-20-2000)
10-3-2802: MINIMUM FLOOR AREA FOR DWELLING UNITS:

A. The following minimum floor area requirements shall apply to dwelling units within a multiple-family residential development:

Dwelling Type Minimum Floor Area

1. Efficiency Unit and
One Bedroom
500 sq ft

2. Two or More
Bedrooms
800 sq ft
B. Outdoor Living Space: One-half (1/2) of the square footage of outdoor living space required by section 10-3-2803 of this chapter may be counted as part of the floor area of a dwelling unit if such outdoor living space:

1. Does not project into any required yard;

2. Is contiguous to the dwelling unit; and

3. Is designated for the exclusive use of the dwelling unit.

However, the outdoor living space shall not be counted as more than ten percent (10%) of the required minimum floor area of the dwelling unit.

Each site area shall contain at least two hundred (200) square feet of usable outdoor living space for each dwelling unit. Required outdoor living space may be provided as private outdoor living space, common outdoor living space, or a combination of both, subject to the standards applicable to each type as follows:

The outdoor living space shall comply with the following conditions:

A. Private Outdoor Living Space: Area contiguous to a dwelling unit for exclusive use.

1. Minimum Size: Each dimension, including the length, width and depth of such space, shall measure at least five feet (5').
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2. Required Location: Space shall be provided on or above the ground level and shall be screened from ground level.

B. Common Outdoor Living Space: Area developed for the use and recreation of all residents of the site

1. Minimum Size: Each dimension, including the length, width and depth of such space, shall measure at least fifteen feet (15').

2. Required Location: Space shall be provided on or above the ground level.

C. Areas Excluded from Outdoor Living Space: The following shall not count toward outdoor living space:

1. Projections into Front Yards and Yard Areas Above Ground Level: Areas that project into a required front yard or into a required yard above the ground level.

2. Nonrecreational or Non-Accessible Areas: Portions of any parking space, driveway, pedestrian accessway, or utility area, such as a pool equipment area or trash area.

D. All required outdoor living space shall be free and clear of any permanent obstructions, developed and maintained in a neat and orderly manner and shall be safe, adequately surfaced, and accessible to the occupants of the dwelling units served by the space. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996) 10-3-2804: HEIGHT LIMITS OF BUILDINGS IN MULTIPLE-FAMILY RESIDENTIAL ZONES:

A. General Height Limitation: No building or structure in a multiple-family residential zone shall exceed the height limits as designated by the official Height District Maps adopted by the City Council and maintained by the city clerk and the department of community development.

Height District Height Limit Maximum Number of
Stories

1. District A 33 feet 3 stories

2. District B 45 feet 4 stories

3. District C 55 feet 5 stories
B. Height Restriction for Narrow Lots: Regardless of the height district, no building or structure located on a site that is less than or equal to sixty feet (60') in width shall exceed three (3) stories or thirty three feet (33') in height.

C. Height District Boundaries: The boundaries of height districts A, B, and C are identified on the height district maps adopted by the city council and on file in the office of the city clerk and in the department of planning and community development. For purposes of clarification, where any single block is divided into two (2) or more height districts without an alley separating such height districts, the following provisions shall be applicable:
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1. For those multiple-family residential zoned blocks lying within the area bounded on the east by the first alley west of Doheny Drive, bounded on the west by the first alley west of Spalding Drive, and bounded by Wilshire Boulevard on the north and Charleville Boulevard on the south:
a. The first two (2) lots adjacent to the commercial zone south of Wilshire Boulevard shall be in height district C;
b. The first two (2) lots north of Charleville Boulevard shall be in height district A, excepting therefrom the first two (2) lots north of Charleville Boulevard and lying within the first block west of Spalding Drive, the first two (2) lots north of Charleville Boulevard and lying within the first block west of Reeves Drive, and the first two (2) lots north of Charleville Boulevard between Rodeo Drive and the first alley west of Rodeo Drive; c. All remaining lots in said area shall be in height district B.

2. The first two (2) lots at the southwest corner of Charleville Boulevard and El Camino Drive and the first two (2) lots at the southeast corner of Charleville Boulevard and El Camino Drive shall be in height district A.

3. Those multiple-family residential zoned lots lying south of Olympic Boulevard and abutting Shirley Place or Spalding Drive shall be in height district A; provided that the third story is set back from any common property line an additional fifteen feet (15') beyond any setback required by this code.

4. For those multiple-family residential zoned lots south of Wilshire Boulevard, north of Gregory Way, west of Tower Drive, and east of La Cienega Boulevard:
a. The first two (2) lots adjacent to the commercial zone south of Wilshire Boulevard shall be in height district C;
b. The first two (2) lots north of Gregory Way shall be in height district A; and c. All remaining lots shall be in height district B.

5. For those blocks bounded by Burton Way on the south, Third Street on the north, Maple Drive on the west, and the city limits on the east:
a. The first two (2) lots adjacent to Burton Way shall be in height district C; and b. All remaining lots shall be in height district B.

D. Exceptions To Height Limits:

Notwithstanding any other provision of this chapter, upon application by a property owner in a form satisfactory to the director of planning and community development, the reviewing authority may issue an R-4 permit to the following development standards as provided within this chapter:

1. R-4 Permit for Rooftop Bathrooms Associated With Swimming Pools or Spas: A maximum of two (2) rooftop bathrooms associated with rooftop swimming pools or spas on a building to extend above the maximum applicable height limit, provided that:
6 B0785-0001\3164157v1.doc
a. The maximum total area of all rooftop bathrooms does not exceed two hundred (200) square feet;
b. Such structures do not exceed ten feet (10') in height as measured from the adjacent roof deck;
c. Such structures do not exceed thirty three percent (33%) of the roof area upon which they are located;
d. Such structures do not exceed or intersect a line projecting from the perimeter of the roof upward at an angle of forty five degrees (45°) from the horizontal; e. The reviewing authority finds that that the subject structures will not adversely affect the privacy of neighboring properties or access of neighboring properties to light, nor will the subject structures significantly increase noise to adjacent properties.

2. R-4 Permit for Additions To Buildings With Legally Nonconforming Height: If a legally constructed building located adjacent to the business triangle in an R-4 zone does not conform to the height restrictions set forth in this section, additions to existing dwelling units on the nonconforming story of such building may exceed the height restrictions set forth in this article provided that:
a. The additions do not exceed the maximum existing height of the legally nonconforming building as defined in article 1 of this chapter; b. The additions do not cause the nonconforming story of the building to occupy more than forty percent (40%) of the floor area of the floor immediately below it; c. The additions are compatible with the building design, the nearby streetscape, and surrounding development. To ensure compliance with this requirement, any additions proposed pursuant to this section shall be subject to the provisions of article 30 of this chapter concerning architectural review;
d. The additions do not result in the creation of any new bedrooms; e. The additions are not located in the rear thirty three percent (33%) of the existing building footprint if the building is located on a property where the rear property line is adjacent to a residential zone; and
f. The reviewing authority finds that the additions will not adversely affect the privacy of neighboring properties, access of neighboring properties to light and air, or the integrity of the streetscape.
g. A public benefit is offered to the city that offsets any long term impacts to the affordability of the city's housing inventory that result from the additions. h. For the purposes of this exception, the "business triangle" shall be defined as the area bounded by the centerline of Wilshire Boulevard, the centerline of Santa Monica Boulevard, south roadway, and the centerline of North Crescent Drive. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 16-O-2699, eff. 3-18-2016) 7 B0785-0001\3164157v1.doc
10-3-2805: PROHIBITION AGAINST BASEMENT DWELLING UNITS:

No dwelling unit in a multiple-family residential zone shall have a finished floor level that is more than one foot (1') below the adjacent grade. (Ord. 95-O-2239, eff. 7-7-1995; amd.

Ord. 96-O-2266, eff. 10-18-1996)
10-3-2806: MULTIPLE-FAMILY RESIDENTIAL ZONES; FRONT SETBACKS AND MODULATION REQUIREMENTS:

A. Front Setback: The front setback for all zoned property shall be as shown on the "residential street setback map of the city of Beverly Hills" on file in the department of building and safety. If the front setback for a site area is not shown on such map, then the front setback shall be fifteen feet (15').

1. Exception for Previously Zoned R-1.5 Lots: Notwithstanding any other provision of this section, any lot rezoned from R-1.5 to R-4 shall maintain a minimum fifteen foot (15') front setback.

B. Façade Modulation Requirements: In addition to the front setback otherwise required by this section, portions of the front façade shall step back from the front setback line to reduce visual bulk and reinforce architectural character.

1. Applicability: The requirements of this subsection B apply to multi-family buildings in the R-4, R-4X1, and R-4X2 zones. Properties in the R-3 zone are exempt from these modulation standards.

2. Front Modulation Depth: Minimum modulation depth is measured from the front setback line and requirements vary based on lot width as follows:

Lot Width Minimum Additional
Setback Depth
a. Lot Width of 50 Feet or Less 5 feet
b. Lot Width of More than 50 feet 10 feet

3. Front Modulation Area: Minimum modulation areas are required based on building height to help manage building scale and massing as follows:

Building Height Required Façade Modulation Area
a. Up to 3
stories
3% of the aggregate principal building area, or 1,500 sq ft, whichever is less
b. 4 stories 3.5% of the aggregate principal building area, or 1,500 sq ft, whichever is less
c. 5 stories or
more
4% of the aggregate principal building area, or 1,500 sq ft, whichever is less
For the purposes of this section, the "aggregate principal building area" shall mean the principal building area of the site multiplied by the number of stories of the building. See Figure 1.
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Figure 1. Aggregate Principal Building Area.

4. Calculation: The square footage that counts toward the Required Façade Modulation Area(s) shall be calculated as follows:
a. Formula:

AM = (D x W x S)
AM = Façade modulation area in square feet
D = Depth of the additional setback in feet as
measured from the front setback line
W = Width of the additional setback
S = Number of stories providing the modulation
setback
b. Additional setback depth in excess of twenty five feet (25’) from the front setback line shall not be considered part of the modulation area. c. Modulation can be provided in multiple façade segments and the sum of the areas of each shall count toward the total required façade modulation area. See Figure 2. d. Depth and width of the additional setback shall be measured per the definitions of “lot width” and “lot depth” in section 10-3-100 of this chapter. e. The following do not count toward modulation area:
i. Ground-floor areas set back from the front setback line used for garage entrances or balconies.
ii. Usable open space other than balconies or usable open space on the top floor of a structure with a floor or level above.
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C. R-4 Permit to Reduce Depth of Modulation: Pursuant to the provisions of article

28.5 of this chapter, the reviewing authority may issue an R-4 permit to reduce modulation depth required by subsection B.2 of this section upon finding that the proposed development, as modulated, does not have an adverse impact on the scale and massing of the streetscape.

D. Additional Modulation Requirements For Large Scale Multiple Residential Developments:

1. Applicability: A large-scale multiple-residential development is a multi-family building with a street frontage of at least one hundred feet (100’).

Figure 2. Example of Modulation Area

3. Additional Modulation Formula:
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AMA = WBA x 5 feet x S
AMA = Additional modulation area in square feet
WBA = Width of the principal buildable area
S = Number of stories included within the
modulated portion

4. Standards for Additional Modulation:
a. Subsections 10-3-2806B.4c, d, and e shall apply to additional modulation area.

Additional modulation area is not subject to other minimum or maximum setback standards from the front setback line or to depth standards in subsections 10-3-2806B.2 and B.4b.
b. Build-To Requirement: At least sixty percent (60%) and no more than seventy percent (70%) of the front façade of the first two (2) stories shall be built to the front setback line.
i. R-4 Permit to Reduce Build-to Setback Requirement: The planning commission may allow less than sixty percent (60%) of the front façade of the first two (2) stories of a large scale multiple residential development to be built to the front setback line through an R-4 permit upon finding that the proposed development would not have an adverse impact on the scale and massing of the streetscape.
c. Corner Lot Modulation Requirement: For large scale multiple residential projects located on a corner lot, the required front building modulation area shall be allocated proportionately between façades facing front lot line(s) and street side lot line(s), based on the percentage of each façade’s street frontage length. d. Walls, Fences And Hedges: Any walls, fences and/or hedges which enclose any ground level outdoor living spaces or courtyards shall be limited to a maximum height of six feet (6'). Gates to outdoor living spaces or courtyards shall be "open to public view" as defined in section 10-3-100 of this chapter. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 98-O-2306, eff. 9-11-1998; Ord. 03-O-2424, eff. 3-7- 2003; Ord. 15-O-2675, eff. 5-22-2015)
10-3-2807: MULTIPLE-FAMILY RESIDENTIAL ZONES; SIDE SETBACKS:

Side setbacks requirements shall be determined based on building height and include both a minimum sum of the side setbacks from the two longest side lot lines and a minimum side setback for each side as follows:

The rear setback for any building or structure shall be fifteen feet (15') from the rear lot line or twenty two and one-half feet (221/2') from the centerline of the abutting alley, whichever is greater.

A. Exception; Tower Drive: Notwithstanding any other provision of this section, the rear setback for those site areas fronting on the east side of Tower Drive shall be twenty feet (20').

B. Exception; Replacement Of Garage Or Carport: Notwithstanding any other provision of this section, if a garage or carport associated with existing residential structures is lost due to casualty, or is proposed to be replaced, a reviewing authority may issue an R-4 permit to authorize the replacement of such structure within the rear yard pursuant to article 28.5 of this chapter if that authority finds that such structure is the only feasible means to replace such parking.

C. Exception; Expansion Of Garage Or Carport: Notwithstanding any other provision of this section, an existing, legally nonconforming garage or carport may be expanded within the required rear yard pursuant to an R-4 permit as provided in article 28.5 of this chapter if:

1. Such garage or carport is expanded solely for the purpose of providing parking for a dwelling unit or units constructed prior to the expansion,

2. After expansion, the total parking provided for the dwelling unit or units will not exceed the parking required by current zoning standards if the dwelling unit or units were newly constructed, and

3. The reviewing authority finds that:
a. The proposed structure does not exceed one story and does not exceed fourteen feet (14') in height or the height of the existing garage or carport, whichever is lower;
b. The proposed structure is designed to be used only for off street parking purposes;
c. The proposed structure is set back from the rear property line a minimum of five feet (5') to allow for an adequate vehicular turning radius to provide ingress to and egress from the proposed structure;
d. The proposed structure shall match the character of the existing garage and shall not create any significantly adverse impacts on the privacy of neighboring properties; e. The proposed structure shall not create any significantly adverse impacts on neighboring properties by blocking access to light and air; and f. The proposed structure does not impede or prevent solid waste collection services.
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Any addition to a garage or carport permitted pursuant to this subsection C shall be removed upon the replacement of the building served by the garage or carport or upon any expansion to such building if the expansion would require the provision of additional parking.

D. Exception; Addition Of Units Above Garage Or Carport: The provisions of this section shall not apply if a reviewing authority issues an R-4 permit to allow a property owner to add one or more units above an existing garage or carport pursuant to section 10-3-2819 of this article.

E. Exception; Large Scale Multiple-Residential Projects: Notwithstanding any other provision of this section, a large scale multiple residential project may reduce the required rear yard setback from fifteen feet (15') to ten feet (10') to offset the loss of usable floor area to the modulation requirements of subsection 10-3-2806D of this article, provided that such reduction does not result in a floor area that exceeds the maximum allowable floor area for the subject site and further provided that the rear property line of the subject site does not abut property zoned R-1 unless the subject site is separated from such R-1 zoned property by an alley. For the purposes of this section, "maximum allowable floor area" shall mean the maximum floor area potentially developable on a multiple residential site which confirms to all setback requirements and is developed at the maximum density permitted by this article. For the purposes of calculating the maximum allowable floor area, the setback lines established by the applicable provisions of this article shall be used. No reduction in any setback line, whether or not authorized by any procedure set forth in this article, shall be considered in calculating the maximum allowable floor area, and the maximum allowable floor area shall not be increased as the result of a reduction in the required setback lines.

1. Subject to the requirements set forth in article 28.5 of this chapter, the planning commission may permit, through an R-4 permit, a reduction in the required rear setback for large scale multiple residential projects to a minimum of five feet (5') provided:
a. The rear property line of the site seeking the reduction does not abut property zoned R-1 or is separated from such R-1 zoned property by an alley. b. Such reduction is granted to offset the loss of usable floor area to the modulation requirements of subsection 10-3-2806D of this article, and such reduction does not result in a floor area that exceeds the maximum allowable floor area for the subject site; and c. The planning commission finds that:
(1) The proposed reduction in the rear setback does not create any significantly adverse impacts on the scale and massing of the streetscape; (2) The proposed reduction in the rear setback does not create any significantly adverse impacts on the neighboring properties by blocking access to light and air; (3) The proposed reduction in the rear setback does not create any significantly adverse impacts on the privacy of neighboring properties; and 13 B0785-0001\3164157v1.doc
(4) The proposed reduction in the rear setback does not create any significantly adverse impacts on alley access. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 01-O-2388, eff. 1-4-2002; Ord. 03-O-2424, eff. 3-7-2003) 10-3-2809: MULTIPLE-FAMILY RESIDENTIAL ZONES; LENGTH OF BUILDINGS:

No portion of a building in the R-3, R-4, R-4X1, or R-4X2 zones above the ground level shall exceed one hundred seventy five feet (175') in either width or depth. If a building exceeds one hundred seventy five feet (175') in width or depth belowground level, then any two (2) portions of the building aboveground level that would together exceed one hundred seventy five feet (175') shall be considered separate buildings with an assumed common lot line between them, and each portion shall be set back from such assumed common lot line as prescribed in section 10-3-2807 of this article. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 98-O-2306, eff. 9-11-1999) 10-3-2810: PERMISSIBLE ENCROACHMENTS INTO REQUIRED SIDE YARDS:

No structures or building elements may project into any side yard of a multiple-family residential site area except the following permitted encroachments:

A. Fences, gates, and walls that otherwise comply with the requirements of this chapter;
B. Roof Eaves and Drainage:

1. Roof eaves may project no more than twenty inches (20"). Attached gutters may project up to an additional six inches (6") beyond the projection of the roof eave.

2. Downspouts and other drainage devices not projecting more than six inches (6"); C. Balconies may extend a maximum of twenty-four inches (24”) into required side yards subject to the following:

1. Balcony length at any one story does not exceed fifty percent (50%) of length of the wall on which it is located;

2. Any end of any balcony is not closer than three feet (3') to the front or rear corner of the building; and

3. The enclosure of the balcony does not exceed fifty four inches (54") in height; D. Exit stairs at or below the first floor level provided that handrails for such stairs shall not extend more than forty two inches (42") above the first floor level; E. Swimming pools and basement garages provided no part of such structure exceeds three feet (3') above the adjacent grade at any point, and no mechanical equipment servicing any such pool is located within a required side yard; F. Gas and electric meter enclosures projecting no more than eighteen inches (18") into such yard; and
G. Architectural projections, such as half timbers, corbels, and window and door accents, but excluding balconies, projecting no more than twelve inches (12") into such 14 B0785-0001\3164157v1.doc
yard. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 19-O2795, 12-0-2019) 10-3-2811: PERMISSIBLE ENCROACHMENTS INTO FRONT AND STREET SIDE YARDS:

No structures or building elements may project into any front yard or street side yard of a multiple-family residential site area except the following permitted encroachments:

A. Fences, gates, and walls that otherwise comply with the provisions of this chapter; B. Roof Eaves and Drainage:

1. Roof eaves may project no more than four feet (4'). Attached gutters may project up to an additional six inches (6") beyond the projection of the roof eaves.

2. Downspouts and other drainage devices not projecting more than six inches (6").

C. Balconies may extend a maximum of three feet (3’) into a required front and street side yard, subject to the following conditions:

1. Any end of the balcony does not project beyond the corner of the building; and

2. The enclosure of the balcony does not exceed fifty four inches (54") in height; D. Entries and exit stairs at or below the first floor level provided that handrails for such elements shall not exceed forty two inches (42") above the first floor level; E. Basement garages provided no part of such structure is higher than two feet (2') below the finished level of the adjacent sidewalk and at least two feet (2') of soil depth is provided above the garage for planting purposes;
F. Architectural projections, such as half timbers, corbels, and window and door accents, but excluding balconies, projecting no more than twelve inches (12") into such yard. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 96-O2269, eff. 11-15-1996; Ord. 19-O-2795, 12-10-2019) 10-3-2812: PERMISSIBLE ENCROACHMENTS INTO REAR YARDS:

No structures or building elements may project into any rear yard of a multiple-family residential site area except the following permitted encroachments:

A. All structures or building elements as set forth in subsections 10-3-2811A through D and F of this article;
B. Basement garages provided no part of such structure exceeds three feet (3') above the adjacent grade at any point;
C. Trash storage facilities;
D. Swimming pools provided no part of such structure exceeds three feet (3') above the adjacent grade; and
E. Garage exhaust vent stacks.
15 B0785-0001\3164157v1.doc
(Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 98-O-2306, eff. 9-11-1998; Ord. 19-O-2795, 12-10-2019)
10-3-2813: PAVING OF SETBACKS; MULTIPLE-FAMILY RESIDENTIAL ZONES:

A. Except as otherwise provided in this section, no portion of any front yard within a multiple-family residential zone shall be paved, except for not more than one walkway not exceeding five feet (5') in width and one driveway not exceeding the width of its curb cut.

B. Notwithstanding subsection A of this section, more than one walkway of up to five feet (5') in width may be paved in a front yard to provide equivalent access to a building in accordance with the requirements of local, state, and federal handicapped accessibility laws provided that such additional walkways are necessary because handicapped accessibility requirements cannot reasonably be met without the provision of such additional walkways.

C. Notwithstanding subsection A of this section, a reviewing authority may permit more than one walkway of up to five feet (5') in width to be paved within a front yard pursuant to an R-4 permit as provided in article 28.5 of this chapter if: 1) the walkway provides direct access to the primary entryway of an individual unit within a building, and 2) the reviewing authority finds that the proposal would not significantly and adversely affect the streetscape, including opportunities for landscaping.

D. Notwithstanding subsection A of this section, a reviewing authority may grant the equivalent of one five foot (5') wide walkway in the front yard per fifty feet (50') of frontage along the front lot line of the subject site pursuant to an R-4 permit as provided in article

28.5 of this chapter if the reviewing authority finds that the proposal is compatible with the nearby streetscape and the scale of the surrounding development. For the purposes of this subsection, any fraction in excess of a multiple of fifty feet (50') of frontage shall be rounded down. Not more than one walkway shall exceed a width of five feet (5'), and such walkway shall not exceed a width of fifteen feet (15').

E. Notwithstanding subsection A of this section, the planning commission may grant the equivalent of one 5-foot wide walkway in the front yard per fifty feet (50') of frontage along the front lot line of the subject site, in any configuration, pursuant to an R-4 permit as provided in article 28.5 of this chapter, if the planning commission finds that the proposal is compatible with the nearby streetscape and the scale of the surrounding development. For the purposes of this subsection, any fraction in excess of a multiple of fifty feet (50') of frontage shall be rounded down. (Ord. 95-O-2239, eff. 7-7-1995; amd.

Ord. 96-O-2266, eff. 10-18-1996)
10-3-2813.5: SYNTHETIC TURF IN FRONT YARDS:

Synthetic turf shall be allowed as landscaping for the purposes of this article provided that the following provisions are satisfied for synthetic turf placed in front yards:

A. Stage D Required: Applications for the use of synthetic turf may only be approved, and permits for installation may only be issued when the city council has declared and implemented stage D water conservation measures. Synthetic turf that is legally installed during stage D declared periods may be retained thereafter, even if the city council 16 B0785-0001\3164157v1.doc
withdraws the stage D declaration, provided the synthetic turf is maintained in accordance with all applicable standards.

B. Permit Required: A building permit must be obtained prior to the installation of any synthetic turf in the front yard visible from the public right of way of a residentially zoned property. Upon application for a building permit the following shall be submitted to the community development department:

1. A landscape plan that includes:
a. Dimensions and details of the landscaped area including the synthetic turf and other landscaping materials.
b. Drawings that include scaled cross sections of the proposed landscaping materials and details showing the methods of installation and attachment of the synthetic turf as well as drainage information.

2. Material description including manufacturer's product data, specifications and installation instructions, installer information and qualifications, and warranty information.

3. A sample of the proposed synthetic turf material that is at least twelve inches by twelve inches (12" x 12").

4. Maintenance information for the synthetic turf.

C. Coverage: Synthetic turf located in the front yard may be used for up to seventy percent (70%) of the landscaped area but no more than forty percent (40%) of the entire front yard area. Synthetic turf shall not be located:

1. Within the public right of way/parkway.

2. Within the dripline of any native or "heritage tree" as defined in section 10-3- 2900 of this chapter. Further, the installation of turf shall not disturb the area within the dripline of any native or heritage tree.

3. Within eighteen inches (18") of a front lot line. The eighteen-inch (18") buffer between the front lot line and synthetic turf shall be landscaped with living plant material.

4. Within three feet (3') of a multiple-family dwelling.

5. In any area that is used for the parking or driving of motor vehicles.

D. Material: Synthetic turf in a front yard must simulate the appearance of natural live grass and shall:

1. Be of a type known as cut-pile infill with parallel long slit blades. The long slit blades shall be manufactured from polyethylene or polypropylene. The minimum pile length shall be one and three-fourths inches (13/4") and the maximum pile length shall be two and one-half inches (21/2"). The turf shall contain a beige or tan thatch layer. The synthetic turf blades (not including the thatch layer) shall be required to contain at least two (2) colors. The synthetic turf shall comply with all federal and state standards related to lead and heavy metal content. Turf that is made from recycled materials is encouraged.

The use of indoor or outdoor plastic or nylon carpeting is prohibited. 17 B0785-0001\3164157v1.doc

2. Be constructed to maximize dimensional stability, resist damage during normal use and to minimize UV degradation. Further, the synthetic turf shall be resistant to staining, weather, insects, rot, mildew and fungus growth, and shall be nonallergenic and nontoxic.

3. Contain an infill material of clean silica sand or zeolite material that is brushed into the synthetic turf to keep the blades upright and achieve a natural grass look. Any replacement infill shall be silica sand or zeolite material. Rubber infill is prohibited.

4. Be affixed to a permeable triple layer primary backing with a tuft bind strength of at least eight (8) pounds. The backing shall allow water to percolate through the synthetic turf at a drain rate of at least thirty inches (30") per hour. The synthetic turf system shall allow for the free movement and drainage of water through the system to prevent runoff, pooling, and flooding.

5. Have a manufacturer's warranty lasting at least eight (8) years.

6. Have spacing between tufting rows (gauge) of no more than three-eighths inch (
3/8") as defined by the manufacturer.

7. Have a face weight of at least sixty (60). The "face weight" is defined as the weight in ounces of the synthetic turf fibers found in one square yard of synthetic turf as defined by the manufacturer.

8. Have tear grab strength of at least two hundred (200) pounds.

9. Pass the pill burn test for flammability (ASTM D2859).

E. Installation: Synthetic turf shall be installed pursuant to manufacturer's requirements by licensed professionals who are experienced and trained by the manufacturer in the installation of the synthetic turf. In addition:

1. The synthetic turf shall be installed over at least three inches (3") of a compacted aggregate base that provides adequate drainage. The base material shall be installed over subgrade that is compacted to a firm condition to ensure stability and maintain adequate drainage.

2. Seams shall not be visible and shall be fastened in a manner that ensures they are firm, tight and permanent. Seams shall be sewn and fibers shall be brushed to provide full coverage of the fibers over the seams.

3. The synthetic turf shall be anchored over the entire coverage area and shall be installed with a nailer board or any such substitute recommended by the manufacturer intended to conceal edges and ensure proper anchoring of turf.

4. All existing irrigation infrastructure in the synthetic turf area including piping and sprinkler heads that are no longer used must be capped or removed and shall not be visible.

5. All reasonable efforts shall be made to protect existing trees and tree roots from damage during installation.
18 B0785-0001\3164157v1.doc
F. Maintenance: Synthetic turf shall be maintained in an attractive and clean condition pursuant to title 5, chapter 7 of this code and shall not contain holes, tears, stains, discoloration, seam separations, uplifted surfaces, heat degradation, or excessive wear. (Ord. 15-O-2691, eff. 11-6-2015)
10-3-2814: WALLS, FENCES AND HEDGES:

In addition to any requirements imposed pursuant to title 9 of this code or any other law, a building permit shall be required for any wall or fence greater than six feet (6') in height, and shall also be required for any wall or fence, regardless of its height, that is located in a front yard.

A. Thickness: No wall or fence shall exceed two feet (2') in thickness. Cavities or spaces within a wall or fence shall not be used for the support, storage, shelter, or enclosure of persons, animals, or personal property.

B. Finish: A wall or fence located within five feet (5') of a property line and approximately parallel to that property line shall have a finished appearance in a similar manner on both sides. Acceptable finish treatments include colored stucco, wood stain, natural or polished stone, slumpstone, split-faced concrete block, prefabricated finish texture, color coated tubular steel or wrought iron, or a combination thereof. Plain or colored concrete block masonry shall be permitted only if coated with colored stucco or other coating finish approved by the Director of Building and Safety.

If the construction of a wall or fence along shared property lines requires access on a neighboring property in order to provide an equivalent finish on the side of the wall or fence facing the neighboring property, and access is not granted by the neighboring property owner, documentation to this effect shall be provided to the Director of Community Development, or his or her designee. This documentation shall be satisfactory to the Director of Community Development to relieve the requestor of the above requirement regarding the finish of the wall or fence on that side, and may include a written letter stating that access has not been granted, or proof that a request for access has been sent but no response has been provided.

C. Supporting Elements: No column, pillar, post, or other supporting element of a wall or fence shall be more than twenty-four inches (24") in width.

D. Front Yards: The maximum allowable height of a wall, fence, or hedge located within the first twenty percent (20%) of the front yard, measured from the front line of the lot, shall be three feet (3').

The maximum allowable height of a wall, fence, or hedge located within the front yard at a distance from the front lot line of more than twenty percent (20%) of the front setback shall be six feet (6'); provided, however, that any portion of such wall, fence, or hedge which exceeds three feet (3') in height shall be open to public view.

E. Side Yards: The maximum allowable height for that portion of a wall, fence, or hedge located in both a side yard and a front yard shall be six feet (6'); provided, however, that any portion of such wall, fence, or hedge which exceeds three feet (3') in height shall be open to public view.
19 B0785-0001\3164157v1.doc
The maximum allowable height for that portion of a wall, fence, or hedge located in a side yard, but not in a front yard, shall be seven feet (7') except that the maximum allowable height shall be ten feet (10') for such a wall or fence located within five feet (5') of a rear lot line. The maximum allowable height shall be sixteen feet (16') for such a hedge located within five feet (5') of a rear lot line.

1. Side Yards Adjacent to an Alley: The maximum allowable height for a wall or fence located in a side yard adjacent to an alley shall be ten feet (10'), except for that portion of the wall or fence that is also located in the front yard, which shall be subject to the requirements of subsection D of this section.

The maximum allowable height for a hedge located in a side yard that is adjacent to an alley shall be sixteen feet (16'), except for that portion of the hedge that is also located in the front yard, which shall be subject to the requirements of subsection D of this section.

F. Rear Yards: The maximum allowable height for a wall or fence located solely in a rear yard shall be ten feet (10').

The maximum allowable height for a hedge located solely in a rear yard shall be sixteen feet (16'). (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 22-O-2860, eff. 6-10-2022; Ord. 22-O-2865, eff. 10-21-2022) 10-3-2815: PROHIBITION OF OUTDOOR GAME COURTS:

No outdoor game courts shall be permitted in a multiple-family residential zone. (Ord. 96- O-2266, eff. 10-18-1996)
10-3-2816: PARKING REQUIREMENTS; NUMBER OF SPACES REQUIRED:

Parking is required for all multiple-family residential development and is based on bedroom count as follows:

A. General Parking Requirement1 2
Efficiency Unit (Less than
1,000 sq. ft.) One parking space
One Bedroom Two parking spaces
Two Bedrooms Two and one-half (2 ½) parking
spaces2
Three or Four Bedrooms 3 parking spaces
Five Bedrooms or More 4 parking spaces
B. Guest Parking Requirement
In addition, one permanent guest parking space is required for each four (4) dwelling units.
1 Any den or similar room capable of being used as a bedroom is considered a bedroom for the purposes of this section.
2 Fractional calculations shall be rounded up to the next whole number. 20 B0785-0001\3164157v1.doc
C. Minimum Dimensions: The dimensions of each parking space shall comply with the parking standards adopted by the city council and on file in the department of building and safety.

D. Guest Parking Standards: Guest parking shall comply with standards adopted by the city council and on file in the department of building and safety and the following requirements:

1. No spaces shall be reserved for exclusive use by residents of the development;

2. All spaces shall be readily accessible by visitors to the development and designated in a manner that gives notice to visitors of the availability of guest parking; and

3. The manner of access, designation, and location of guest parking spaces shall be subject to the approval of the city engineer or designee.

E. Tandem Parking: Up to twenty percent (20%) of the total number of multiple-family dwelling units in a project can satisfy general parking requirements of this section through the use of tandem parking spaces.

F. R-4 Permit for Unit Bonus Parking: Pursuant to the provisions of section 10-3-2819 for unit bonus above existing garages or carports, the Planning Commission may approve an R-4 permit to increase the percentage of units that utilize tandem stalls beyond the limit otherwise allowed by this section.

All parking facilities shall comply with the following:

A. Location: All parking spaces must be within a structure located on the same site as the dwelling unit it serves.

B. Screening Near Entrance: Any parking space located within twenty five feet (25') of a parking structure front entrance must be completely screened from view from all public streets.

C. Driveway Width: The front access, including driveways and entrances, to a parking facility shall not exceed twelve feet (12') in width if serving a site that is sixty feet (60') wide or less.
21 B0785-0001\3164157v1.doc
D. Screening and Noise: All parking structures shall be constructed to shield the parked vehicles from horizontal view in all directions, excluding required vehicular entrances and exits, and shall comply with the noise abatement requirements of this code.

1. Parking structures adjacent to residential zones or separated from a residential zone by an alley shall be enclosed with solid walls.

E. No parking space shall be located within a front yard. (Ord. 96-O-2266, eff. 10-18-1996)
10-3-2819: DEVELOPMENT INCENTIVES FOR MULTIPLE-FAMILY RESIDENTIAL DEVELOPMENT:

A. Unit Bonus: Notwithstanding any other provision of this article, and subject to the requirements set forth in article 28.5 of this chapter, a reviewing authority may permit, through an R-4 permit, a property owner to add one or more additional units above an existing carport or garage structure provided each of the following requirements is satisfied:

1. The site on which the additional unit (or units) will be constructed is zoned R-4;

2. The rear property line of the site on which the additional unit (or units) will be constructed abuts an alley;

3. The site on which the additional unit (or units) will be constructed is not adjacent to property in a single-family residential zone. For the purposes of this section, a site shall be considered "adjacent" to property in a single-family residential zone if the site shares a property line with a lot or parcel in a single-family residential zone or is separated from a lot or parcel located in a single-family residential zone only by a public street, alley, or other right of way. Notwithstanding the foregoing, a site shall not be considered "adjacent" to property in a single-family residential zone if the only portion of the site facing a lot or parcel in a single-family residential zone is the front property line of the site and the front property line is separated from a lot or parcel located in a single-family residential zone by a public street.

B. Standards: Upon application by a property owner in a form satisfactory to the director of planning and community development, any unit or units authorized pursuant to an R-4 permit issued pursuant to this section shall comply with all of the following standards and requirements:

1. Notwithstanding the density limits set forth in section 10-3-2801 of this article, any property that satisfies the requirements set forth in subsection A of this section may be permitted to add one unit. No more than one additional unit may be added to structures which are legally nonconforming as to density and in existence as of December 4, 2001.

For all other structures, additional units beyond one may be permitted only if such additional units comply with the applicable density limits.

2. Notwithstanding the provisions of section 10-3-2802 of this article, each unit shall have a minimum floor area of four hundred (400) square feet and a maximum floor area of nine hundred ninety nine (999) square feet.
22 B0785-0001\3164157v1.doc

3. Each unit may provide a maximum of one bedroom.

4. Notwithstanding the provisions of section 10-3-2816 of this article, one parking space shall be provided for each unit constructed pursuant to subsection A of this section.

5. Notwithstanding the provisions of sections 10-3-2803 and 10-3-2817 of this article, no outdoor living space or guest parking shall be required for a unit constructed pursuant to subsection A of this section. In addition to the foregoing, the reviewing authority may reduce the existing outdoor living area in an amount necessary to accommodate any additional parking required for the additional unit or units.

6. The structure housing the garage or carport and the unit or units constructed pursuant to subsection A of this section shall not exceed a maximum height of twenty eight feet (28'), or the existing height of the principal building, whichever is less.

7. The minimum yard setbacks described in sections 10-3-2807 and 10-3-2808 of this article shall not apply to units constructed pursuant to this section, provided the proposed units comply with all applicable building code requirements and the reviewing authority makes the findings required by subsection C of this section.

8. The structure housing the garage or carport and the unit or units constructed pursuant to subsection A of this section meets or shall be rehabilitated to meet all current building codes and safety standards.

9. The architectural style of the structure housing the unit or units constructed pursuant to this section shall be compatible with the architectural style of the existing structure(s) on the site. To ensure compliance with this requirement, any unit or units constructed pursuant to this section shall be subject to the provisions of article 30 of this chapter concerning architectural review.

C. Findings: The reviewing authority shall not issue an R-4 permit for any unit pursuant to subsection A of this section unless the reviewing authority finds that the proposed development will not have a substantial adverse impact on:

1. The scale and massing of the streetscape;

2. Neighbors' access to light and air;

3. Neighbors' privacy; and

4. The garden quality of the city. (Ord. 01-O-2388, eff. 1-4-2002; amd. Ord. 02-O2394, eff. 3-22-2002) Attachment 2
Draft Resolution

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Certificate Of Completion
Envelope Id: 1CD7F743-981C-47EB-BE2C-A5F00C3FA645 Status: Sent Subject: Complete with Docusign: City Council Resolution Adopting ODS.pdf Source Envelope:

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Certificate Pages: 2 Initials: 1 Evelin Welch
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Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.166
Record Tracking
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9/22/2025 4:39:19 PM
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[email protected]
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Signer Events Signature Timestamp
Dave Snow
[email protected]
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Not Offered via Docusign
Mandy Jiang
[email protected]
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Nancy Hunt-Coffey
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City Manager
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Sharona R. Nazarian
[email protected]
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Huma Ahmed
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Megan Grilley
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Attachment 3
Redline BHMC Sections
Article 28 Redline – September 30, 2025 City Council

Page 1 ends

REDLINE OF BHMC TITLE 10, CH. 3, ARTICLE 28
(MULTIPLE-FAMILY RESIDENTIAL DEVELOPMENT STANDARDS)
This attachment provides proposed amendments to Article 28 (Multiple-Family Residential Development Standards) of the Beverly Hills Zoning Code implementing Program 12.1 of the 2021-2029 Housing Element. Revisions clarify standards, streamline regulations into tables, eliminate redundancy, and reference the proposed Objective Design Standards. Legend Added Text: Green Underline Removed Text: Orange Strikethrough Unchanged Text: Black Reworded/Reorganized Text (No Substantive Change): BlueImplementation Action from Housing Element Program 12.1:

Proposed (Revised) Original (and Removed Text)
10-3-2800: APPLICABILITY: Except as specifically provided in articles 12.5 and 12.8 of this chapter to accommodate housing for seniors and disabled persons, the development standards set forth in this article shall apply to all properties zoned R-3, R-4, R-4X1, and R-4X2. Nothing required by this article shall be construed to supersede the requirements set forth in chapter 2, article 7 of this title regarding the conversion of the form of ownership of an existing rental apartment building that has been determined by the planning commission to be a "character contributing building" in accordance with section 10-2-707 of this title to a common interest development within the meaning and definitions of that article. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 06-O-2497, eff. 4-6-2006; Ord. 25-O-####, eff. #-##-2025) 10-3-2800: APPLICABILITY: Except as specifically provided in articles 12.5 and 12.8 of this chapter to accommodate housing for seniors and disabled persons, the development standards set forth in this article shall apply to all properties zoned R-4, R-4X1, and R-4X2. In addition, where specifically noted, the development standards shall apply to R-3 properties. Nothing required by this article shall be construed to supersede the requirements set forth in chapter 2, article 7 of this title regarding the conversion of the form of ownership of an existing rental apartment building that has been determined by the planning commission to be a "character contributing building" in accordance with section 10-2-707 of this title to a common interest development within the meaning and definitions of that article. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 06-O-2497, eff. 4-6-2006) 10-3-2800.5: OBJECTIVE DESIGN STANDARDS; ARCHITECTURAL REVIEW EXEMPTION: A. Purpose and Applicability: The Beverly Hills Objective Design Standards (ODS), adopted by City Council resolution, shall apply to all new multi-family residential development that contain at least one deedrestricted affordable housing unit. The ODS protect Beverly Hills’ architectural legacy by requiring articulated facades, context-sensitive design elements, high-quality materials, and transitions adjacent to historic landmarks, among other design standards. By removing subjective design discretion, the standards facilitate predictable, efficient housing approvals, consistent with Government Code §§ 65589.5(h)(2), 65913.4 and similar statutes. B. Architectural Review Exemption: Projects meeting all applicable ODS standards shall be exempt from architectural review pursuant to section 10-3-3007.J (Architectural Review Required) of this code. All other discretionary entitlements as required by this code remain applicable. C. Concurrent Compliance: Projects subject to the ODS must also comply with all applicable development standards set forth in this article 28. D. Resolving Conflicts Between Standards: Where a design element is regulated by both article 28 and the ODS, the more restrictive standard shall govern unless stated otherwise within the ODS. E. Advisory Guidelines: In addition to the mandatory Objective Design Standards, advisory guide may be included in the ODS. which are intended to be advisory, do not impose mandatory requirements, and may be voluntarily used by applicants during discretionary Development Plan Review processes pursuant to section 10-3-3100. (Ord. 25-O-####, eff. #-##-2025) 10-3-2801: DENSITY: The maximum number of dwelling units that may be constructed on a multiple-family zoned property is determined according to the street width of the site proposed for development and proximity to single-family residential zones. Fractional calculations resulting in a remainder of site area exceeding seventy-five percent (75%) of the minimum required square footage per dwelling unit shall be rounded up to the next whole unit. 10-3-2801: DENSITY: The following provisions shall govern the number of units that may be constructed on a site area: A. Within One Hundred Seventy Feet Of A Single-Family Lot: If a site area zoned for multiple-family residential uses is located less than one hundred seventy feet (170') from the closest property zoned for single-family residential uses, then the following density standards shall apply: 1. Lots That Do Not Exceed Sixty Feet In Width: If the site area does not exceed sixty feet (60') in width, then one dwelling unit may be constructed for each one thousand seven hundred (1,700) square feet of site area.

Commented [PA1]: Clarifies that all of Article 28 applies to the R-3 zone, unless otherwise stated. consistent with staff practice and code implementation Commented [PA2]: Simplifies language regarding fractional calculations of density and relocates the provision for clarity.

Article 28 Redline – September 30, 2025 City Council

Page 2 ends

[10-3-2801: DENSITY] A. Within 170 Feet of A Single-Family Lot: The site is located less than 170 feet from the nearest singlefamily zoned property.

Lot Width Density
Less than 60 ft. 1 dwelling unit per 1,500 sq. ft. of site area 60 ft. to 120 ft. 1 dwelling unit per 1,200 sq. ft. of site area More than 120 ft. 1 dwelling unit per 1,000 sq. ft. of site area C. All Other Sites: The site is neither subject to Paragraph A nor B, and is at least 170 feet from a singlefamily lot and located on a street at least 34 feet wide.

Lot Width Density
Less than 60 ft. 1 dwelling unit per 1,300 sq. ft. of site area 60 ft. to 120 ft. 1 dwelling unit per 1,100 sq. ft. of site area More than 120 ft. 1 dwelling unit per 900 sq. ft. of site area D. Efficiency Bonus Unit: One additional dwelling unit may be permitted on a multiple-family residential site, and such additional unit shall not be subject to the density limitations of this section, provided that the additional unit is an efficiency unit and that the multiple-family residential building complies with all other development standards of this article. E. Legal Nonconforming Units: Notwithstanding the density limits established in section 10-3-2801 of this chapter, a property with more dwelling units existing than permitted by the density limits established in this code or the City’s adopted General Plan shall reconstruct the same number of units that currently exist on site to comply with the criteria in Government Code Section 66300.6 (“demolition of housing units”) or its successor statute, provided the units were lawfully established and all new construction complies with applicable development standards. This provision shall also apply to any sites listed on the City’s Housing Element Sites Inventory. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 00-O-2351, eff. 10-20-2000; Ord. 25-O-####, eff. #-##-2025)

2. Lots Between Sixty And One Hundred Twenty Feet In Width: If the site area is greater than sixty feet (60') in width, but does not exceed one hundred twenty feet (120') in width, then one dwelling unit may be constructed for each one thousand four hundred fifty (1,450) square feet of site area. 3. Lots That Exceed One Hundred Twenty Feet In Width: If the site area exceeds one hundred twenty feet (120') in width, then one dwelling unit may be constructed for each one thousand two hundred (1,200) square feet of site area. B. Streets Less Than Thirty Four Feet Wide: If a site area zoned for multiple-family residential use is not governed by subsection A of this section and is located on a street that is less than thirty four feet (34') in width, then the following density standards shall apply: 1. Lots That Do Not Exceed Sixty Feet In Width: If the site area does not exceed sixty feet (60') in width, then one dwelling unit may be constructed for each one thousand five hundred (1,500) square feet of site area. 2. Lots Between Sixty And One Hundred Twenty Feet In Width: If the site area exceeds sixty feet (60') in width, but does not exceed one hundred twenty feet (120') in width, then one dwelling unit may be constructed for each one thousand two hundred (1,200) square feet of site area. 3. Lots That Exceed One Hundred Twenty Feet In Width: If the site area exceeds one hundred twenty feet (120') in width, then one dwelling unit may be constructed for each one thousand (1,000) square feet of site area. C. All Others: If a site area zoned for multiple-family residential uses is located at least one hundred seventy feet (170') from the closest property zoned for single-family residential uses and the site area is located on a street that is at least thirty four feet (34') in width, then the following density standards shall apply: 1. Lots That Do Not Exceed Sixty Feet In Width: If the site area does not exceed sixty feet (60') in width, then one dwelling unit may be constructed for each one thousand three hundred (1,300) square feet of site area. 2. Lots Between Sixty And One Hundred Twenty Feet In Width: If the site area exceeds sixty feet (60') in width, but does not exceed one hundred twenty feet (120') in width, then one dwelling unit may be constructed for each one thousand one hundred (1,100) square feet of site area. 3. Lots That Exceed One Hundred Twenty Feet In Width: If the site area exceeds one hundred twenty feet (120') in width, then one dwelling unit may be constructed for each nine hundred (900) square feet of site area. D. Calculation Of Density: 1. An additional dwelling unit may be permitted on a site area if, after assigning the appropriate amount of square footage to each dwelling unit, the remaining square footage of the site area exceeds seventy five percent (75%) of the minimum required square footage per dwelling unit. 2. One additional dwelling unit may be permitted in a multiple- family residential building, and such additional unit shall not be subject to the density limitations of this section, provided that the additional unit is an efficiency unit and that the multiple-family residential building complies with all other development standards of this article. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 00-O2351, eff. 10-20-2000) Commented [PA3]: Program 12.1 “[Replace] the current density calculation for multi-family projects in the Zoning Code with simplified units per acre measurement” (pp. 507 of the City’s 2021-2029 Housing Element). Commented [PA4]: Changes “building” to “site” to clearly reflect historic practice that one efficiency bonus unit applies per building site, not per building.

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10-3-2802: MINIMUM FLOOR AREA FOR DWELLING UNITS:

A. The following minimum floor area requirements shall apply to dwelling units within a multiple-family residential development:

Dwelling Type Minimum Floor Area

1. Efficiency Unit and
One Bedroom
500 sq ft

1. Does not project into any required yard;

2. Is contiguous to the dwelling unit; and 3. Is designated for the exclusive use of the dwelling unit.

However, the outdoor living space shall not be counted as more than ten percent (10%) of the required minimum floor area of the dwelling unit.

C. Dwelling Unit Defined: Every room with a separate entrance from the street or from a common area of a building, which room is capable of being used as a bedroom, shall be deemed to be a separate dwelling unit if such room has its own bathroom or an adjoining bathroom. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 00-O-2351, eff. 10-20-2000; Ord. 25-O-####, eff. #-##-2025) 10-3-2802: MINIMUM FLOOR AREA FOR DWELLING UNITS: The following minimum floor area requirements shall apply to dwelling units within a multiple-family residential development: A. Efficiency Unit: An efficiency unit shall have a minimum floor area of six hundred (600) square feet. B. One Bedroom: A one bedroom dwelling unit shall have a minimum floor area of one thousand (1,000) square feet. C. Two Bedrooms: A two (2) bedroom dwelling unit shall have a minimum floor area of one thousand three hundred (1,300) square feet. D. Three Or More Bedrooms: A dwelling unit with three (3) or more bedrooms shall have a minimum floor area of one thousand five hundred (1,500) square feet. E. Dwelling Unit Defined: Every room with a separate entrance from the street or from a common area of a building, which room is capable of being used as a bedroom, shall be deemed to be a separate dwelling unit if such room has its own bathroom or an adjoining bathroom. F. Outdoor Living Space: One-half (1/2) of the square footage of outdoor living space required by section 10-3-2803 of this chapter may be counted as part of the floor area of a dwelling unit if such outdoor living space does not project into any required yard, is contiguous to the dwelling unit, and is designated for the exclusive use of the dwelling unit. However, the outdoor living space shall not be counted as more than ten percent (10%) of the required minimum floor area of the dwelling unit. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 00-O-2351, eff. 10-20-2000) 10-3-2803: OUTDOOR LIVING SPACE REQUIRED: Each site area shall contain at least two hundred (200) square feet of usable outdoor living space for each dwelling unit. Required outdoor living space may be provided as private outdoor living space, common outdoor living space, or a combination of both, subject to the standards applicable to each type as follows:The outdoor living space shall comply with the following conditions: A. Private Outdoor Living Space: Area contiguous to a dwelling unit for exclusive use. 1. Minimum Size: Each dimension, including the length, width and depth of such space, shall measure at least five feet (5'). 2. Required Location: Space shall be provided on or above the ground level and shall be screened from ground level. B. Common Outdoor Living Space: Area developed for the use and recreation of all residents of the site

1. Minimum Size: Each dimension, including the length, width and depth of such space, shall measure at least fifteen feet (15').

2. Required Location: Space shall be provided on or above the ground level.

C. Areas Excluded from Outdoor Living Space: The following shall not count toward outdoor living space:

1. Projections into Front Yards and Yard Areas Above Ground Level: Areas that project into a required front yard or into a required yard above the ground level.

2. Nonrecreational or Non-Accessible Areas: Portions of any parking space, driveway, pedestrian accessway, or utility area, such as a pool equipment area or trash area. D. All required outdoor living space shall be free and clear of any permanent obstructions, developed and maintained in a neat and orderly manner and shall be safe, adequately surfaced, and accessible to the occupants of the dwelling units served by the space. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 25-O-####, eff. #-##-2025) 10-3-2803: OUTDOOR LIVING SPACE REQUIRED: Each site area in an R-3, R-4, R-4X1, or R-4X2 zone shall contain at least two hundred (200) square feet of usable outdoor living space for each dwelling unit. Furthermore, the front yard of the site may not be counted toward this requirement to provide outdoor living space. The outdoor living space shall comply with the following conditions: A. Private outdoor living space contiguous to a dwelling unit shall be provided on or above the ground level and shall be screened from view from ground level. Each dimension, including the length, width and depth of such space, shall be at least six feet (6'). B. Common outdoor living space developed for the use and recreation of all residents of the site area shall be provided on or above the ground level. Each dimension, including the length, width and depth of such space, shall be at least fifteen feet (15'). C. Outdoor living space that projects into a required yard above the ground level shall not satisfy the requirements of this section. D. No portion of any parking space, driveway, pedestrian accessway, or utility area, such as a pool equipment area or trash area, shall constitute outdoor living space. E. All required outdoor living space shall be developed and maintained in a neat and orderly manner and shall be safe, adequately surfaced, and accessible to the occupants of the dwelling units served by the space. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996) Commented [PA5]: Consolidates minimum floor areas into a single, easy-to-read table. Commented [PA6]: The Housing Element constraints analysis identifies the City’s minimum unit size as a disincentive to the construction of smaller, more affordable units for the City’s workforce. Accordingly, Program 12.1 commits the City to “Reducing minimum unit size for multi-family buildings” (pp. 507 of the City’s 2021-2029 Housing Element). The proposed minimum floor areas match the minimums for the Mixed Use Overlay Zone (BHMC Section 10-3-1882). Commented [PA7]: Specifies what qualifies toward open space requirements, including private, or public, or a mix of both. Commented [PA8]: Reduces minimum dimension for private open space from six feet (6’) to five feet (5’) to lessen development barriers and reflect industry best practices. Commented [PA9]: Clarifies open space must have clear dimensions (i.e., no structural obstructions), consistent with past practices. Commented [PA10]: Eliminates redundant language on zone applicability already stated in BHMC section 10-3-2800.

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10-3-2804: HEIGHT LIMITS OF BUILDINGS IN MULTIPLE-FAMILY RESIDENTIAL ZONES: A. General Height Limitation: No building or structure in a multiple-family residential zone shall exceed the height limits as designated by the official Height District Maps adopted by the City Council and maintained by the city clerk and the department of community development.

Height District Height Limit Maximum Number of
Stories

1. District A 33 feet 3 stories 2. District B 45 feet 4 stories 3. District C 55 feet 5 stories B. Height Restriction for Narrow Lots: Regardless of the height district, no building or structure located on a site that is less than or equal to sixty feet (60') in width shall exceed three (3) stories or thirty three feet (33') in height. C. Height District Boundaries: The boundaries of height districts A, B, and C are identified on the height district maps adopted by the city council and on file in the office of the city clerk and in the department of planning and community development. For purposes of clarification, where any single block is divided into two (2) or more height districts without an alley separating such height districts, the following provisions shall be applicable: 1. For those multiple-family residential zoned blocks lying within the area bounded on the east by the first alley west of Doheny Drive, bounded on the west by the first alley west of Spalding Drive, and bounded by Wilshire Boulevard on the north and Charleville Boulevard on the south: a. The first two (2) lots adjacent to the commercial zone south of Wilshire Boulevard shall be in height district C; b. The first two (2) lots north of Charleville Boulevard shall be in height district A, excepting therefrom the first two (2) lots north of Charleville Boulevard and lying within the first block west of Spalding Drive, the first two (2) lots north of Charleville Boulevard and lying within the first block west of Reeves Drive, and the first two (2) lots north of Charleville Boulevard between Rodeo Drive and the first alley west of Rodeo Drive; c. All remaining lots in said area shall be in height district B. 2. The first two (2) lots at the southwest corner of Charleville Boulevard and El Camino Drive and the first two (2) lots at the southeast corner of Charleville Boulevard and El Camino Drive shall be in height district A. 3. Those multiple-family residential zoned lots lying south of Olympic Boulevard and abutting Shirley Place or Spalding Drive shall be in height district A; provided that the third story is set back from any common property line an additional fifteen feet (15') beyond any setback required by this code. 4. For those multiple-family residential zoned lots south of Wilshire Boulevard, north of Gregory Way, west of Tower Drive, and east of La Cienega Boulevard: a. The first two (2) lots adjacent to the commercial zone south of Wilshire Boulevard shall be in height district C; b. The first two (2) lots north of Gregory Way shall be in height district A; and c. All remaining lots shall be in height district B. 5. For those blocks bounded by Burton Way on the south, Third Street on the north, Maple Drive on the west, and the city limits on the east: a. The first two (2) lots adjacent to Burton Way shall be in height district C; and b. All remaining lots shall be in height district B. D. Exceptions To Height Limits: Notwithstanding any other provision of this chapter, upon application by a property owner in a form satisfactory to the director of planning and community development, the reviewing authority may issue an R-4 permit to the following development standards as provided within this chapter:
10-3-2804: HEIGHT LIMITS OF BUILDINGS IN MULTIPLE-FAMILY RESIDENTIAL ZONES: No building or structure located on a site that is less than or equal to sixty feet (60’) in width shall exceed three (3) stories or thirty three feet (33’) in height. In addition, no building or structure shall exceed the relevant height limitation imposed by districts A through C as identified on the height district maps adopted by the city council and on file in the office of the city clerk and in the department of planning and community development. A. Height Limits Of Districts: The following height limitation districts are hereby established in the multiple-family residential zones of the city: 1. Height district A: Structures shall not exceed three (3) stories nor thirty three feet (33') in height. 2. Height district B: Structures shall not exceed four (4) stories nor forty five feet (45') in height. 3. Height district C: Structures shall not exceed five (5) stories nor fifty five feet (55') in height. B. Exceptions: 1. Rooftop Bathrooms: A maximum of two (2) rooftop bathrooms associated with rooftop swimming pools or spas may exceed the height limit of a building in an R-3, R-4, R-4X1, or R-4X2 zone, provided that: a. The maximum total area of all rooftop bathrooms does not exceed two hundred (200) square feet; b. Such structures do not exceed ten feet (10') in height as measured from the adjacent roof deck; c. Such structures do not exceed thirty three percent (33%) of the roof area upon which they are located; d. Such structures do not exceed or intersect a line projecting from the perimeter of the roof upward at an angle of forty five degrees (45°) from the horizontal; e. Pursuant to the provisions of article 28.5 of this chapter, the reviewing authority issues an R-4 permit upon a finding that the subject structures will not adversely affect the privacy of neighboring properties or access of neighboring properties to light, nor will the subject structures significantly increase noise to adjacent properties. 2. Additions To Buildings With Legally Nonconforming Height: If a legally constructed building located adjacent to the business triangle in an R-4 zone does not conform to the height restrictions set forth in this section, additions to existing dwelling units on the nonconforming story of such building may exceed the height restrictions set forth in this article provided that: a. The additions do not exceed the maximum existing height of the legally nonconforming building as defined in article 1 of this chapter; b. The additions do not cause the nonconforming story of the building to occupy more than forty percent (40%) of the floor area of the floor immediately below it; c. The additions are compatible with the building design, the nearby streetscape, and surrounding development. To ensure compliance with this requirement, any additions proposed pursuant to this section shall be subject to the provisions of article 30 of this chapter concerning architectural review; d. The additions do not result in the creation of any new bedrooms; e. The additions are not located in the rear thirty three percent (33%) of the existing building footprint if the building is located on a property where the rear property line is adjacent to a residential zone; and f. Pursuant to the provisions of article 28.5 of this chapter, the reviewing authority issues an R-4 permit upon finding that the additions will not adversely affect the privacy of neighboring properties, access of neighboring properties to light and air, or the integrity of the streetscape. g. A public benefit is offered to the city that offsets any long term impacts to the affordability of the city’s housing inventory that result from the additions. For the purposes of this exception, the “business triangle” shall be defined as the area bounded by the centerline of Wilshire Boulevard, the centerline of Santa Monica Boulevard, south roadway, and the centerline of North Crescent Drive. C. Height District Boundaries: The boundaries of height districts A, B, and C are identified on the height district maps adopted by the city council and on file in the office of the city clerk and in the department of plannin g and communit
y development. For purposes of clarification, where an
y sin
gle block is divided into
Commented [PA11]: Organizes subsections on height limits into a concise table. Commented [PA12]: Relocates height exceptions for better organization and readability. Commented [PA13]: Clarifies procedure and requirements for R-4 Permit.

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[10-3-2804: HEIGHT LIMITS OF BUILDINGS IN MULTIPLE-FAMILY RESIDENTIAL ZONES] 1. R-4 Permit for Rooftop Bathrooms Associated With Swimming Pools or Spas: A maximum of two (2) rooftop bathrooms associated with rooftop swimming pools or spas on a building to extend above the maximum applicable height limit, provided that: a. The maximum total area of all rooftop bathrooms does not exceed two hundred (200) square feet; b. Such structures do not exceed ten feet (10') in height as measured from the adjacent roof deck; c. Such structures do not exceed thirty three percent (33%) of the roof area upon which they are located; d. Such structures do not exceed or intersect a line projecting from the perimeter of the roof upward at an angle of forty five degrees (45°) from the horizontal; e. The reviewing authority finds that the subject structures will not adversely affect the privacy of neighboring properties or access of neighboring properties to light, nor will the subject structures significantly increase noise to adjacent properties. 2. R-4 Permit for Additions To Buildings With Legally Nonconforming Height: If a legally constructed building located adjacent to the business triangle in an R-4 zone does not conform to the height restrictions set forth in this section, additions to existing dwelling units on the nonconforming story of such building may exceed the height restrictions set forth in this article provided that: a. The additions do not exceed the maximum existing height of the legally nonconforming building as defined in article 1 of this chapter; b. The additions do not cause the nonconforming story of the building to occupy more than forty percent (40%) of the floor area of the floor immediately below it; c. The additions are compatible with the building design, the nearby streetscape, and surrounding development. To ensure compliance with this requirement, any additions proposed pursuant to this section shall be subject to the provisions of article 30 of this chapter concerning architectural review; d. The additions do not result in the creation of any new bedrooms; e. The additions are not located in the rear thirty three percent (33%) of the existing building footprint if the building is located on a property where the rear property line is adjacent to a residential zone; and f. The reviewing authority finds that the additions will not adversely affect the privacy of neighboring properties, access of neighboring properties to light and air, or the integrity of the streetscape. g. A public benefit is offered to the city that offsets any long term impacts to the affordability of the city’s housing inventory that result from the additions. h. For the purposes of this exception, the “business triangle” shall be defined as the area bounded by the centerline of Wilshire Boulevard, the centerline of Santa Monica Boulevard, south roadway, and the centerline of North Crescent Drive. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 16-O-2699, eff. 3-18-2016; Ord. 25-O-####, eff. #-##-2025) two (2) or more height districts without an alley separating such height districts, the following provisions shall be applicable:

10. For those multiple-family residential zoned blocks lying within the area bounded on the east by the first alley west of Doheny Drive, bounded on the west by the first alley west of Spalding Drive, and bounded by Wilshire Boulevard on the north and Charleville Boulevard on the south:

10. The first two (2) lots adjacent to the commercial zone south of Wilshire Boulevard shall be in height district C;
b. The first two (2) lots north of Charleville Boulevard shall be in height district A, excepting therefrom the first two (2) lots north of Charleville Boulevard and lying within the first block west of Spalding Drive, the first two (2) lots north of Charleville Boulevard and lying within the first block west of Reeves Drive, and the first two (2) lots north of Charleville Boulevard between Rodeo Drive and the first alley west of Rodeo Drive; c. All remaining lots in said area shall be in height district B.

10. The first two (2) lots at the southwest corner of Charleville Boulevard and El Camino Drive and the first two (2) lots at the southeast corner of Charleville Boulevard and El Camino Drive shall be in height district A.

10. Those multiple-family residential zoned lots lying south of Olympic Boulevard and abutting Shirley Place or Spalding Drive shall be in height district A; provided that the third story is set back from any common property line an additional fifteen feet (15’) beyond any setback required by this code.

10. For those multiple-family residential zoned lots south of Wilshire Boulevard, north of Gregory Way, west of Tower Drive, and east of La Cienega Boulevard:

10. The first two (2) lots adjacent to the commercial zone south of Wilshire Boulevard shall be in height district C;
b. The first two (2) lots north of Gregory Way shall be in height district A; and c. All remaining lots shall be in height district B.

10. For those blocks bounded by Burton Way on the south, Third Street on the north, Maple Drive on the west, and the city limits on the east:

10. The first two (2) lots adjacent to Burton Way shall be in height district C; and b. All remaining lots shall be in height district B. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O2266, eff. 10-18-1996; Ord. 16-O-2699, eff. 3-18-2016) 10-3-2806: MULTIPLE-FAMILY RESIDENTIAL ZONES; FRONT SETBACKS AND MODULATION REQUIREMENTS: A. Front Setback: The front setback for all zoned property shall be as shown on the "residential street setback map of the city of Beverly Hills" on file in the department of building and safety. If the front setback for a site area is not shown on such map, then the front setback shall be fifteen feet (15'). 1. Exception for Previously Zoned R-1.5 Lots: Notwithstanding any other provision of this section, any lot rezoned from R-1.5 to R-4 shall maintain a minimum fifteen foot (15') front setback. B. Façade Modulation Requirements: In addition to the front setback otherwise required by this section, portions of the front façade shall step back from the front setback line to reduce visual bulk and reinforce architectural character.

1. Applicability: The requirements of this subsection B apply to multi-family buildings in the R-4, R-4X1, and R-4X2 zones. Properties in the R-3 zone are exempt from these modulation standards.

2. Front Modulation Depth: Minimum modulation depth is measured from the front setback line and requirements vary based on lot width as follows:
10-3-2806: MULTIPLE-FAMILY RESIDENTIAL ZONES; FRONT SETBACKS AND MODULATION REQUIREMENTS: The front setback for all R-3, R-4, R-4X1, and R-4X2 zoned property shall be as shown on the "residential street setback map of the city of Beverly Hills" on file in the department of building and safety. If the front setback for a site area is not shown on such map, then the front setback shall be fifteen feet (15'). A. Exception; Properties Previously Zoned R-1.5: Notwithstanding any other provision of this section, the front setback for any site area heretofore rezoned from zone R-1.5 to zone R-4 shall be fifteen feet (15'). B. Modulation Requirement For Lots That Do Not Exceed Fifty Feet In Width: In addition to the front setback otherwise required by this section, the front facade of a building constructed on a lot that does not exceed fifty feet (50') in width shall be modulated so that a portion or portions of the building are set back at least five feet (5') from the front setback line and the area of the modulation created by this additional setback equals or exceeds the requirements set forth in subsection C of this section.

Commented [PA14]: Program 12.1: “Simplify modulation requirements for multifamily projects by 2025.” Updated section 10-3-2806 contains a number of clarifications to execute the simplification. Commented [PA15]: Briefly defines façade modulation and describes its purpose. Commented [PA16]: Introduces modulation requirements clearly and specifies measurement from the front setback. Commented [PA23]: Eliminates redundant language on zone applicability already stated in BHMC section 10-3-2800.

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[10-3-2806: MULTIPLE-FAMILY RESIDENTIAL ZONES; FRONT SETBACKS AND MODULATION REQUIREMENTS] Lot Width Minimum Additional
Setback Depth
a. Lot Width of 50 Feet or Less
5 feet
b. Lot Width of More than 50 feet
10 feet

3. Front Modulation Area: Minimum modulation areas are required based on building height to help manage building scale and massing as follows:

Building Height Required Façade Modulation
Area
a. Up to 3 stories 3% of the aggregate principal
building area, or 1,500 sq ft, whichever is less
b. 4 stories 3.5% of the aggregate principal
building area, or 1,500 sq ft, whichever is less
c. 5 stories or
more
4% of the aggregate principal building area, or 1,500 sq ft, whichever is less For the purposes of this section, the "aggregate principal building area" shall mean the principal building area of the site multiplied by the number of stories of the building. See Figure 1.

Figure 1. Aggregate Principal Building Area.

1. R-3 Properties Excepted: The provisions of this subsection B shall not apply to those properties located in the R-3 Zone. C. Modulation Requirement For Lots That Exceed Fifty Feet In Width: In addition to the front setback otherwise required by this section, the front facade of a building constructed on a lot that exceeds fifty feet (50') in width shall be modulated so that a portion or portions of the building are set back at least ten feet (10') from the front setback line and the area of the modulation created by this additional setback equals or exceeds the requirements set forth as follows: 1. R-3 Properties Excepted: The provisions of this subsection C shall not apply to those properties located in the R-3 Zone. 2. Area Of Modulation Required: For buildings that do not exceed three (3) stories in height, the area of the modulation shall be three percent (3%) of the aggregate principal building area or one thousand five hundred (1,500) square feet, whichever is less. For buildings that are four (4) stories in height, the area of the modulation shall be three and one-half percent (3.5%) of the aggregate principal building area or one thousand five hundred (1,500) square feet, whichever is less. For buildings that are five (5) stories in height, the area of the modulation shall be four percent (4%) of the aggregate principal building area or one thousand five hundred (1,500) square feet, whichever is less. For the purposes of this section, the "aggregate principal building area" shall mean the principal building area of the site multiplied by the number of stories of the building. 3. "Area Of The Modulation" Defined: For the purposes of this subsection C and subsection B of this section, the "area of the modulation" shall be calculated as follows:

AM = (D x W x S) AM = The area of modulation in square feet D = The depth of the additional setback in feet as measured from the front setback line As provided in this subsection C and subsection B of this section, the depth of the additional setback shall be at least five feet (5') on lots that do not exceed fifty feet (50') in width and ten feet (10') on lots that exceed fifty feet (50') in width. Additionally, without regard to the actual depth of the setback, D shall not exceed twenty five feet (25') for the purposes of calculating this formula.

W = The width of the additional setback S = The number of stories affected by the setback The depth and width of the setback shall be measured in the same manner as the depth and width of a lot. a. As provided in the above formula, the depth of an additional setback in excess of twenty five feet (25') shall not be considered part of the "area of modulation". b. If a facade has been modulated in more than one location, then the "area of the modulation" shall be the sum of the areas of each separate modulation. No ground floor area set back from the front setback line for the purpose of accommodating a garage entrance or balconies or other usable open space shall be counted toward the required area of modulation. However, balconies or other usable open space on the top floor of a structure can be counted toward the required area of modulation, provided there is no floor or level above them. D. Exception; R-4 Permit To Allow Reduction Of Modulation Requirement: A reviewing authority may issue an R-4 permit to allow the depth of the additional setback required by subsections B and C of this section to be reduced if the reviewing authority determines that the proposed development, as modulated, does not have an adverse impact on the scale and massing of the streetscape. E. Modulation Requirements For Large Scale Multiple Residential Developments: Except as hereafter provided large scale multiple residential projects shall comply with the modulation and front setback Commented [PA17]: Combines modulation depth into a streamlined table. Commented [PA18]: Adds short intent statement preceding the modulation standards table. Commented [PA19]: Presents modulation area clearly in a table format.

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[10-3-2806: MULTIPLE-FAMILY RESIDENTIAL ZONES; FRONT SETBACKS AND MODULATION REQUIREMENTS]

4. Calculation: The square footage that counts toward the required Façade Modulation Area(s) shall be calculated as follows:
a. Formula:

AM = (D x W x S) AM = Façade modulation area in
square feet
D = Depth of the additional
setback in feet as measured from the front setback line W = Width of the additional setback S = Number of stories providing the modulation setback
b. Additional setback depth in excess of twenty five feet (25’) from the front setback line shall not be considered part of the modulation area.
c. Modulation can be provided in multiple façade segments and the sum of the areas of each shall count toward the total required façade modulation area. See Figure 2. d. Depth and width of the additional setback shall be measured per the definitions of “lot width” and “lot depth” in section 10-3-100 of this chapter.
e. The following do not count toward modulation area:
i. Ground-floor areas set back from the front setback line used for garage entrances or balconies. ii. Usable open space other than balconies or usable open space on the top floor of a structure with a floor or level above.
requirements otherwise required by this section. For the purposes of this section, "large scale multiple residential developments" shall mean a multiple residential building with a width of one hundred feet (100') or more.

1. Legislative Purpose: The city council finds that the scale and massing of buildings in the R-4 zone is of concern to the community at large. In order to encourage the development that promotes smaller scale structures that maintain the character and individuality of the city's existing neighborhoods, the city council finds it is necessary to modify development standards to require additional modulation for certain large scale multiple residential developments to ensure that such developments maintain a scale which fosters a sense of place and identity without compromising the variety and diversity of housing options available to the city's residents. The city council further finds that this article promotes the public health, safety, comfort, convenience, and general welfare by preserving both the quality of life of the city's residents and the character of the city's existing residential neighborhoods. 2. Standard Modulation Requirements Modified: Notwithstanding any other provision of this section, no minimum or maximum setback from the front setback line shall apply to the modulation requirements for large scale multiple residential projects. 3. Additional Modulation Requirements For Large Scale Multiple Residential Developments: In addition to the modulation and front setback otherwise required by this section, large scale multiple residential developments shall also comply with the requirements set forth below: a. Additional Modulation: Large scale multiple residential projects shall provide an additional area of front modulation based on the following formula:

AM = W BA x 5 feet x S AM = The area of additional modulation in square feet WBA = The width of the principal buildable area S = The number of stories If a facade has been modulated in more than one location, then the "area of the modulation" shall be the sum of the areas of each separate modulation. No ground floor area set back from the front setback line for the purpose of accommodating a garage entrance or balconies or other usable open space shall be counted toward the required area of modulation. However, balconies or other usable open space on the top floor of a structure can be counted toward the required area of modulation, provided there is no floor or level above such balconies or open space. b. Setback Requirement: A minimum of sixty percent (60%) and a maximum of seventy percent (70%) of the front facade of the first two (2) stories of a large scale multiple residential project shall be built to the front setback line. The planning commission may issue an R-4 permit to allow less than sixty percent (60%) of the front facade of the first two (2) stories of a large scale multiple residential development to be built to the front setback line if the planning commission finds that the proposed development would not have an adverse impact on the scale and massing of the streetscape. c. Corner Lot Modulation Requirement: If a large scale multiple residential project is located on a corner lot, the required front building modulation area (the building elevation facing the principal street) shall be allocated proportionately between the elevation of the building which faces the principal street and the elevation of the building which faces the secondary street. Such allocation shall be based on the percentage of building length to street frontage for each elevation. d. Walls, Fences And Hedges: Any walls, fences and/or hedges which enclose any ground level outdoor living spaces or courtyards shall be limited to a maximum height of six feet (6'). Any gates which provide entry or exit to such outdoor living spaces or courtyards shall be "open to public view" as defined in Commented [PA20]: Reorganizes calculation provision and reduces duplicative text to simplify application. Commented [PA24]: Removes lengthy text and preserves concise statement of intent for modulation provision in revised subsection B.3.

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[10-3-2806: MULTIPLE-FAMILY RESIDENTIAL ZONES; FRONT SETBACKS AND MODULATION REQUIREMENTS] Figure 2. Example of Modulation Areas.

C. R-4 Permit to Reduce Depth of Modulation: Pursuant to the provisions of article 28.5 of this chapter, the reviewing authority may issue an R-4 permit to reduce modulation depth required by subsection B.2 of this section upon finding that the proposed development, as modulated, does not have an adverse impact on the scale and massing of the streetscape.

D. Additional Modulation Requirements For Large Scale Multiple Residential Developments:

1. Applicability: A large-scale multiple-residential development is a multi-family building with a street frontage of at least one hundred feet (100’).

2. Additional Modulation Required: A large-scale multiple-residential development shall comply in full with subsection 10-3-2806B and provide additional modulation as required by this subsection 10-3-2806D. section 10-3-100 of this chapter. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 98-O-2306, eff. 9-11-1998; Ord. 03-O-2424, eff. 3-7-2003; Ord. 15-O-2675, eff. 5-22-2015) Commented [PA21]: New graphic illustrating modulation areas.

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10-3-2806: MULTIPLE-FAMILY RESIDENTIAL ZONES; FRONT SETBACKS AND MODULATION REQUIREMENTS]

3. Additional Modulation Formula:

AMA = WBA x 5 feet x S AMA = Additional modulation area in square feet
WBA = Width of the principal
buildable area
S = Number of stories included
within the modulated portion

4. Standards for Additional Modulation:
a. Subsections 10-3-2806B.4c, d, and e shall apply to additional modulation area. Additional modulation area is not subject to other minimum or maximum setback standards from the front setback line or to depth standards in subsections 10-3-2806B.2 and B.4b. b. Build-To Requirement: At least sixty percent (60%) and no more than seventy percent (70%) of the front façade of the first two (2) stories shall be built to the front setback line. i. R-4 Permit to Reduce Build-to Setback Requirement: The planning commission may allow less than sixty percent (60%) of the front façade of the first two (2) stories of a large scale multiple residential development to be built to the front setback line through an R-4 permit upon finding that the proposed development would not have an adverse impact on the scale and massing of the streetscape. c. Corner Lot Modulation Requirement: For large scale multiple residential projects located on a corner lot, the required front building modulation area shall be allocated proportionately between façades facing front lot line(s) and street side lot line(s), based on the percentage of each façade’s street frontage length. d. Walls, Fences And Hedges: Any walls, fences and/or hedges which enclose any ground level outdoor living spaces or courtyards shall be limited to a maximum height of six feet (6'). Gates to outdoor living spaces or courtyards shall be "open to public view" as defined in section 10-3-100 of this chapter. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 98-O-2306, eff. 9-11-1998; Ord. 03-O-2424, eff. 3-7-2003; Ord. 15-O-2675, eff. 5-22-2015; Ord. 25-O-####, eff. #-##-2025)10-3-2807: MULTIPLE-FAMILY RESIDENTIAL ZONES; SIDE SETBACKS: Side setbacks requirements shall be determined based on building height and include both a minimum sum of the side setbacks from the two longest side lot lines and a minimum side setback for each side as follows:

Building Height Minimum
Sum of Two
Longest Side
Setbacks
Minimum
Length Per
Side
Setback
A. Up to 3 stories or 33 feet
17 feet 8 feet
B. More than 3, up to 4 stories (33 – 45 feet)
19 feet 8 feet
C. Greater than 4 stories or 45 feet
23 feet 9 feet
(Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 98-O-2306, eff. 9-11-1998; Ord. 25-O-####, eff. #-##-2025) 10-3-2807: MULTIPLE-FAMILY RESIDENTIAL ZONES; SIDE SETBACKS: The following side setback requirements shall govern the R-3, R-4, R-4X1, and R-4X2 zones: A. For those sites occupied by buildings of no more than three (3) stories, or by buildings of no more than thirty three feet (33') in height, the sum of the side setbacks from the two (2) longest side lot lines shall be at least seventeen feet (17'). In addition, each side setback shall be at least eight feet (8'). B. For those sites occupied by buildings of four (4) stories or by buildings of greater than thirty three feet (33') in height, but less than or equal to forty five feet (45') in height, the sum of the side setbacks from the two (2) longest side lot lines shall be at least nineteen feet (19'). In addition, each side setback shall be at least eight feet (8'). C. For those sites occupied by buildings of more than four (4) stories or by buildings of greater than forty five feet (45') in height, the sum of the side setbacks from the two (2) longest side lot lines shall be at least twenty three feet (23'). In addition, each side setback shall be at least nine feet (9'). (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 98-O-2306, eff. 9-11-1998) Commented [PA22]: Uses “AMA” to distinguish largescale modulation calculations from the standard calculation (“AM”). Commented [PA25]: Provides clear explanation on calculation method for side setbacks. Commented [PA26]: Consolidates side yard setback requirements into simplified table. Commented [PA27]: Eliminates redundant language on zone applicability already stated in BHMC section 10-3-2800.

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10-3-2808: MULTIPLE-FAMILY RESIDENTIAL ZONES; REAR SETBACKS: The rear setback for any building or structure shall be fifteen feet (15') from the rear lot line or twenty two and one-half feet (221/2') from the centerline of the abutting alley, whichever is greater. A. Exception; Tower Drive: Notwithstanding any other provision of this section, the rear setback for those site areas fronting on the east side of Tower Drive shall be twenty feet (20'). B. Exception; Replacement Of Garage Or Carport: Notwithstanding any other provision of this section, if a garage or carport associated with existing residential structures is lost due to casualty, or is proposed to be replaced, a reviewing authority may issue an R-4 permit to authorize the replacement of such structure within the rear yard pursuant to article 28.5 of this chapter if that authority finds that such structure is the only feasible means to replace such parking. C. Exception; Expansion Of Garage Or Carport: Notwithstanding any other provision of this section, an existing, legally nonconforming garage or carport may be expanded within the required rear yard pursuant to an R-4 permit as provided in article 28.5 of this chapter if: 1. Such garage or carport is expanded solely for the purpose of providing parking for a dwelling unit or units constructed prior to the expansion, 2. After expansion, the total parking provided for the dwelling unit or units will not exceed the parking required by current zoning standards if the dwelling unit or units were newly constructed, and 3. The reviewing authority finds that: a. The proposed structure does not exceed one story and does not exceed fourteen feet (14') in height or the height of the existing garage or carport, whichever is lower; b. The proposed structure is designed to be used only for off street parking purposes; c. The proposed structure is set back from the rear property line a minimum of five feet (5') to allow for an adequate vehicular turning radius to provide ingress to and egress from the proposed structure; d. The proposed structure shall match the character of the existing garage and shall not create any significantly adverse impacts on the privacy of neighboring properties; e. The proposed structure shall not create any significantly adverse impacts on neighboring properties by blocking access to light and air; and f. The proposed structure does not impede or prevent solid waste collection services. Any addition to a garage or carport permitted pursuant to this subsection C shall be removed upon the replacement of the building served by the garage or carport or upon any expansion to such building if the expansion would require the provision of additional parking. D. Exception; Addition Of Units Above Garage Or Carport: The provisions of this section shall not apply if a reviewing authority issues an R-4 permit to allow a property owner to add one or more units above an existing garage or carport pursuant to section 10-3-2819 of this article. E. Exception; Large Scale Multiple-Residential Projects: Notwithstanding any other provision of this section, a large scale multiple residential project may reduce the required rear yard setback from fifteen feet (15') to ten feet (10') to offset the loss of usable floor area to the modulation requirements of subsection 10-3-2806 D of this article, provided that such reduction does not result in a floor area that exceeds the maximum allowable floor area for the subject site and further provided that the rear property line of the subject site does not abut property zoned R-1 unless the subject site is separated from such R-1 zoned property by an alley. For the purposes of this section, "maximum allowable floor area" shall mean the maximum floor area potentially developable on a multiple residential site which confirms to all setback requirements and is developed at the maximum density permitted by this article. For the purposes of calculating the maximum allowable floor area, the setback lines established by the applicable provisions of this article shall be used. No reduction in any setback line, whether or not authorized by any procedure set forth in this article, shall be considered in calculating the maximum allowable floor area, and the maximum allowable floor area shall not be increased as the result of a reduction in the required setback lines. 1. Subject to the requirements set forth in article 28.5 of this chapter, the planning commission may permit, through an R-4 permit, a reduction in the required rear setback for large scale multiple residential projects to a minimum of five feet (5') provided:
10-3-2808: MULTIPLE-FAMILY RESIDENTIAL ZONES; REAR SETBACKS: The rear setback for any building or structure in the R-3, R-4, R-4X1, or R-4X2 zone shall be fifteen feet (15') from the rear lot line or twenty two and one-half feet (221/2') from the centerline of the abutting alley, whichever is greater. A. Exception; Tower Drive: Notwithstanding any other provision of this section, the rear setback for those site areas fronting on the east side of Tower Drive shall be twenty feet (20'). B. Exception; Replacement Of Garage Or Carport: Notwithstanding any other provision of this section, if a garage or carport associated with existing residential structures is lost due to casualty, or is proposed to be replaced, a reviewing authority may issue an R-4 permit to authorize the replacement of such structure within the rear yard pursuant to article 28.5 of this chapter if that authority finds that such structure is the only feasible means to replace such parking. C. Exception; Expansion Of Garage Or Carport: Notwithstanding any other provision of this section, an existing, legally nonconforming garage or carport may be expanded within the required rear yard pursuant to an R-4 permit as provided in article 28.5 of this chapter if: 1. Such garage or carport is expanded solely for the purpose of providing parking for a dwelling unit or units constructed prior to the expansion, 2. After expansion, the total parking provided for the dwelling unit or units will not exceed the parking required by current zoning standards if the dwelling unit or units were newly constructed, and 3. The reviewing authority finds that: a. The proposed structure does not exceed one story and does not exceed fourteen feet (14') in height or the height of the existing garage or carport, whichever is lower; b. The proposed structure is designed to be used only for off street parking purposes; c. The proposed structure is set back from the rear property line a minimum of five feet (5') to allow for an adequate vehicular turning radius to provide ingress to and egress from the proposed structure; d. The proposed structure shall match the character of the existing garage and shall not create any significantly adverse impacts on the privacy of neighboring properties; e. The proposed structure shall not create any significantly adverse impacts on neighboring properties by blocking access to light and air; and f. The proposed structure does not impede or prevent solid waste collection services. Any addition to a garage or carport permitted pursuant to this subsection C shall be removed upon the replacement of the building served by the garage or carport or upon any expansion to such building if the expansion would require the provision of additional parking. D. Exception; Addition Of Units Above Garage Or Carport: The provisions of this section shall not apply if a reviewing authority issues an R-4 permit to allow a property owner to add one or more units above an existing garage or carport pursuant to section 10-3-2819 of this article. E. Exception; Large Scale Multiple-Residential Projects: Notwithstanding any other provision of this section, a large scale multiple residential project may reduce the required rear yard setback from fifteen feet (15') to ten feet (10') to offset the loss of usable floor area to the modulation requirements of subsection 10-3-2806E of this article, provided that such reduction does not result in a floor area that exceeds the maximum allowable floor area for the subject site and further provided that the rear property line of the subject site does not abut property zoned R-1 unless the subject site is separated from such R-1 zoned property by an alley. For the purposes of this section, "maximum allowable floor area" shall mean the maximum floor area potentially developable on a multiple residential site which confirms to all setback requirements and is developed at the maximum density permitted by this article. For the purposes of calculating the maximum allowable floor area, the setback lines established by the applicable provisions of this article shall be used. No reduction in any setback line, whether or not authorized by any procedure set forth in this article, shall be considered in calculating the maximum allowable floor area, and the maximum allowable floor area shall not be increased as the result of a reduction in the required setback lines.

Commented [PA28]: Updates section references from modulation subsection E to D.

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[10-3-2808: MULTIPLE-FAMILY RESIDENTIAL ZONES; REAR SETBACKS] a. The rear property line of the site seeking the reduction does not abut property zoned R-1 or is separated from such R-1 zoned property by an alley. b. Such reduction is granted to offset the loss of usable floor area to the modulation requirements of subsection 10-3-2806D of this article, and such reduction does not result in a floor area that exceeds the maximum allowable floor area for the subject site; and c. The planning commission finds that: (1) The proposed reduction in the rear setback does not create any significantly adverse impacts on the scale and massing of the streetscape; (2) The proposed reduction in the rear setback does not create any significantly adverse impacts on the neighboring properties by blocking access to light and air; (3) The proposed reduction in the rear setback does not create any significantly adverse impacts on the privacy of neighboring properties; and (4) The proposed reduction in the rear setback does not create any significantly adverse impacts on alley access. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 01-O-2388, eff. 1-4-2002; Ord. 03-O-2424, eff. 3-7-2003; Ord. 25-O-####, eff. #-##-2025)

1. Subject to the requirements set forth in article 28.5 of this chapter, the planning commission may permit, through an R-4 permit, a reduction in the required rear setback for large scale multiple residential projects to a minimum of five feet (5') provided: a. The rear property line of the site seeking the reduction does not abut property zoned R-1 or is separated from such R-1 zoned property by an alley. b. Such reduction is granted to offset the loss of usable floor area to the modulation requirements of subsection 10-3-2806E of this article, and such reduction does not result in a floor area that exceeds the maximum allowable floor area for the subject site; and c. The planning commission finds that: (1) The proposed reduction in the rear setback does not create any significantly adverse impacts on the scale and massing of the streetscape; (2) The proposed reduction in the rear setback does not create any significantly adverse impacts on the neighboring properties by blocking access to light and air; (3) The proposed reduction in the rear setback does not create any significantly adverse impacts on the privacy of neighboring properties; and (4) The proposed reduction in the rear setback does not create any significantly adverse impacts on alley access. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 01-O-2388, eff. 1-4-2002; Ord. 03-O-2424, eff. 3-7-2003) 10-3-2810: PERMISSIBLE ENCROACHMENTS INTO REQUIRED SIDE YARDS: No structures or building elements may project into any side yard of a multiple-family residential site area except the following permitted encroachments: A. Fences, gates, and walls that otherwise comply with the requirements of this chapter; B. Roof Eaves and Drainage:

1. Roof eaves may project no more than twenty inches (20"). Attached gutters may project up to an additional six inches (6") beyond the projection of the roof eave.

2. Downspouts and other drainage devices not projecting more than six inches (6"); C. Balconies may extend a maximum of twenty-four inches (24”) into required side yards subject to the following: 1. Balcony length at any one story does not exceed fifty percent (50%) of length of the wall on which it is located; 2. Any end of any balcony is not closer than three feet (3') to the front or rear corner of the building; and 3. The enclosure of the balcony does not exceed fifty four inches (54") in height; D. Exit stairs at or below the first floor level provided that handrails for such stairs shall not extend more than forty two inches (42") above the first floor level; E. Swimming pools and basement garages provided no part of such structure exceeds three feet (3') above the adjacent grade at any point, and no mechanical equipment servicing any such pool is located within a required side yard; F. Gas and electric meter enclosures projecting no more than eighteen inches (18") into such yard; and G. Architectural projections, such as half timbers, corbels, and window and door accents, but excluding balconies, projecting no more than twelve inches (12") into such yard. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 19-O-2795, 12-0-2019; Ord. 25-O-####, eff. #-##-2025) 10-3-2810: PERMISSIBLE ENCROACHMENTS INTO REQUIRED SIDE YARDS: No structure or element of a building may encroach into any side yard of a multiple-family residential site area except the following: A. A fence, gate, or wall that otherwise complies with the requirements of this chapter; B. Roof eaves projecting no more than twenty inches (20") into such yard, provided that such eaves have been approved by the architectural commission. Gutters attached to such eaves may project up to an additional six inches (6") into such yards beyond the projection of the roof eave. In addition, downspouts and other drainage devices not projecting more than six inches (6") into such yards; C. Balconies that comply with all of the following provisions: 1. The balcony does not project into the required yard more than twenty four inches (24"); 2. The total length of the balcony at any one story does not exceed fifty percent (50%) of the length of the wall on which it is located; 3. Any end of any balcony is not closer than three feet (3') to the front or rear corner of the building; and

4. The enclosure of the balcony does not exceed fifty four inches (54") in height; D. Exit stairs at or below the first floor level provided that handrails for such stairs shall not extend more than forty two inches (42") above the first floor level; E. Swimming pools and basement garages provided no part of such structure exceeds three feet (3') above the adjacent grade at any point, and no mechanical equipment servicing any such pool is located within a required side yard; F. Gas and electric meter enclosures projecting no more than eighteen inches (18") into such yard; and G. Architectural projections, such as half timbers, corbels, and window and door accents, but excluding balconies, projecting no more than twelve inches (12") into such yard. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 19-O-2795, 12-0-2019) 10-3-2811: PERMISSIBLE ENCROACHMENTS INTO FRONT AND STREET SIDE YARDS: No structures or building elements may project into any front yard or street side yard of a multiple-family residential site area except the following permitted encroachments: A. Fences, gates, and walls that otherwise comply with the provisions of this chapter; B. Roof Eaves and Drainage:
10-3-2811: PERMISSIBLE ENCROACHMENTS INTO FRONT AND STREET SIDE YARDS: No structure or element of a building may encroach into any front yard or street side yard of a multiplefamily residential site area except the following: A. A fence, gate, or wall that otherwise complies with the provisions of this chapter; B. Roof eaves projecting no more than four feet (4') into such yard, provided that such eaves have been approved by the architectural commission. Gutters attached to such eaves may project up to an additional Commented [PA29]: Updates section references from modulation subsection E to D. Commented [PA30]: Removes requirement for architectural commission review as projects would be assessed through IODS or ADC review. Commented [PA31]: Removes requirement for architectural commission review as projects would be assessed through IODS or ADC review.

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[10-3-2811: PERMISSIBLE ENCROACHMENTS INTO FRONT AND STREET SIDE YARDS]

1. Roof eaves may project no more than four feet (4'). Attached gutters may project up to an additional six inches (6") beyond the projection of the roof eaves.

2. Downspouts and other drainage devices not projecting more than six inches (6").

C. Balconies may extend a maximum of three feet (3’) into a required front and street side yard, subject to the following conditions: 1. Any end of the balcony does not project beyond the corner of the building; and 2. The enclosure of the balcony does not exceed fifty four inches (54") in height; D. Entries and exit stairs at or below the first floor level provided that handrails for such elements shall not exceed forty two inches (42") above the first floor level; E. Basement garages provided no part of such structure is higher than two feet (2') below the finished level of the adjacent sidewalk and at least two feet (2') of soil depth is provided above the garage for planting purposes; F. Architectural projections, such as half timbers, corbels, and window and door accents, but excluding balconies, projecting no more than twelve inches (12") into such yard. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 96-O-2269, eff. 11-15-1996; Ord. 19-O-2795, 12-10-2019; Ord. 25-O-####, eff. #-##-2025) six inches (6") into such yards beyond the projection of the roof eave. In addition, downspouts and other drainage devices not projecting more than six inches (6") into such yards; C. Balconies that comply with all of the following provisions: 1. The balcony does not project into the required yard more than three feet (3'); 2. Any end of the balcony does not project beyond the corner of the building; and

3. The enclosure of the balcony does not exceed fifty four inches (54") in height; D. Entries and exit stairs at or below the first floor level provided that handrails for such elements shall not exceed forty two inches (42") above the first floor level; E. Basement garages provided no part of such structure is higher than two feet (2') below the finished level of the adjacent sidewalk and at least two feet (2') of soil depth is provided above the garage for planting purposes; F. Architectural projections, such as half timbers, corbels, and window and door accents, but excluding balconies, projecting no more than twelve inches (12") into such yard. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 96-O-2269, eff. 11-15-1996; Ord. 19-O-2795, 12-10-2019) 10-3-2812: PERMISSIBLE ENCROACHMENTS INTO REAR YARDS: No structures or building elements may project into any rear yard of a multiple-family residential site area except the following permitted encroachments: A. All structures or building elements as set forth in subsections 10-3-2811A through D and F of this article; B. Basement garages provided no part of such structure exceeds three feet (3') above the adjacent grade at any point; C. Trash storage facilities; D. Swimming pools provided no part of such structure exceeds three feet (3') above the adjacent grade; and E. Garage exhaust vent stacks. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 98-O-2306, eff. 9-11-1998; Ord. 19-O-2795, 12-10-2019; Ord. 25-O-####, eff. #-##-2025) 10-3-2812: PERMISSIBLE ENCROACHMENTS INTO REAR YARDS: No structure or element of a building may encroach into any rear yard of a multiple-family residential site area except the following: A. All structures or elements as set forth in subsections 10-3-2811A through D and F of this article; B. Basement garages provided no part of such structure exceeds three feet (3') above the adjacent grade at any point; C. Trash storage facilities; D. Swimming pools provided no part of such structure exceeds three feet (3') above the adjacent grade; E. Garage exhaust vent stacks; and F. Gutters attached to such eaves may project up to an additional six inches (6") into such yards beyond the projection of the roof eave. In addition, downspouts and other drainage devices not projecting more than six inches (6") into such yards. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 98-O-2306, eff. 9-11-1998; Ord. 19-O-2795, 12-10-2019) 10-3-2816: PARKING REQUIREMENTS; NUMBER OF SPACES REQUIRED: Parking is required for all multiple-family residential development and is based on bedroom count as follows:

A. General Parking Requirement1 2
Efficiency Unit (Less than 1,000 sq. ft.)
One parking space
One Bedroom Two parking
spaces
Two Bedrooms Two and one-half
(2 ½) parking spaces2
Three or Four Bedrooms
3 parking spaces
Five Bedrooms or More
4 parking spaces
10-3-2816: PARKING REQUIREMENTS; NUMBER OF SPACES REQUIRED: Except as otherwise provided in this section, one parking space shall be provided for each multiple-family dwelling unit that is an efficiency unit of less than one thousand (1,000) square feet. Two (2) spaces shall be provided for each multiple-family dwelling unit that contains one bedroom. Two and one-half (21/2) parking spaces shall be provided for each multiple-family dwelling unit that contains two (2) bedrooms. Three (3) parking spaces shall be provided for each multiple-family dwelling unit that contains three (3) or four (4) bedrooms. Four (4) parking spaces shall be provided for each multiple-family dwelling unit that contains five (5) or more bedrooms. Up to twenty percent (20%) of the total number of multiple-family dwelling units in a project can satisfy the parking requirements of this section through the use of tandem parking spaces. The planning commission, as part of an application for an R-4 permit pursuant to section 10-3-2819 of this article, may increase the percentage of units in a project that may satisfy the parking requirements of this section through the use of tandem parking spaces. Any den or similar room capable of being used as a bedroom shall be deemed to be a bedroom for the purposes of this section. The dimensions of each parking space shall comply with the parking standards adopted by the city council and on file in the department of building and safety. (Ord. 96-O-2266, eff. 10-18-1996; amd. Ord. 98-O2306, eff. 9-11-1998; Ord. 00-O-2351, eff. 10-20-2000; Ord. 01-O-2388, eff. 1-4-2002) Commented [PA32]: Removes duplicate encroachment provision already covered in BHMC Section 10-3-2812A. Commented [PA33]: Combines all general and guest parking standards into one concise table.

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[10-3-2816: PARKING REQUIREMENTS; NUMBER OF SPACES REQUIRED] B. Guest Parking RequirementIn addition, one permanent guest parking space is required for each four (4) dwelling units. 1 Any den or similar room capable of being used as a bedroom is considered a bedroom for the purposes of this section. 2 Fractional calculations shall be rounded up to the next whole number.

C. Minimum Dimensions: The dimensions of each parking space shall comply with the parking standards adopted by the city council and on file in the department of building and safety.

D. Guest Parking Standards: Guest parking shall comply with standards adopted by the city council and on file in the department of building and safety and the following requirements:

1. No spaces shall be reserved for exclusive use by residents of the development; 2. All spaces shall be readily accessible by visitors to the development and designated in a manner that gives notice to visitors of the availability of guest parking; and

3. The manner of access, designation, and location of guest parking spaces shall be subject to the approval of the city engineer or designee.

G. Parking Exception: Housing for seniors or disabled individuals under articles 12.5 and 12.8 of this chapter shall be exempt from parking requirements of this section.(Ord. 96-O-2266, eff. 10-18-1996; amd. Ord. 98-O-2306, eff. 9-11-1998; Ord. 00-O-2351, eff. 10-20-2000; Ord. 01-O-2388, eff. 1-4-2002; Ord. 25-O-####, eff. #-##-2025) 10-3-2817: GUEST PARKING: RESERVED (Ord. 96-O-2266, eff. 10-18-1996; amd. Ord. 98-O-2306, eff. 9-11-1998; Ord. 05-O-2479, eff. 9-2-2005; Ord. 25-O-####, eff. #-##-2025) 10-3-2817: GUEST PARKING: Every multiple-family residential development, other than housing for the elderly and handicapped as defined under article 12.5 of this chapter and congregate housing for the elderly and disabled as defined under article 12.8 of this chapter, shall have one permanent guest parking space for each four (4) dwelling units, or any fraction thereof. Guest parking spaces shall not be reserved for exclusive use by residents of the development. Except as specifically provided in this section, all such parking shall comply with the parking standards adopted by the city council and on file in the department of building and safety. All such parking shall also be readily accessible by visitors to the development and designated in a manner that gives notice to visitors of the availability of such parking. The manner of access, designation, and location of guest parking spaces shall be subject to the approval of the director of transportation. (Ord. 96-O-2266, eff. 10-18-1996; amd. Ord. 98-O-2306, eff. 9-11-1998; Ord. 05-O-2479, eff. 9-2-2005) 10-3-2818: PARKING; LOCATION AND SHIELDING OF FACILITIES: All parking facilities shall comply with the following:

A. Location: All parking spaces must be within a structure located on the same site as the dwelling unit it serves.

B. Screening Near Entrance: Any parking space located within twenty five feet (25') of a parking structure front entrance must be completely screened from view from all public streets.

C. Driveway Width: The front access, including driveways and entrances, to a parking facility shall not exceed twelve feet (12') in width if serving a site that is sixty feet (60') wide or less. [10-3-2818: PARKING; LOCATION AND SHIELDING OF FACILITIES] 10-3-2818: PARKING; LOCATION AND SHIELDING OF FACILITIES: All parking facilities in the R-3 and R-4, R-4X1, and R-4X2 multiple-family residential zones shall be provided within a structure on the same site as the building which contains the dwelling unit served by the parking. Furthermore, no parking space shall be located within twenty five feet (25') of the front entrance to such parking structure, unless such parking space is completely screened from view from all public streets. The front access, including driveways and entrances, to a parking facility shall not exceed twelve feet (12') in width if the parking facility serves a site area of less than or equal to sixty feet (60') in width. Except for the required entrances and exits, all parking structures shall be constructed so as to shield the parked automobiles from horizontal view in all directions and so as to comply with the noise abatement provisions of this code. Additionally, such structures shall be enclosed with solid walls when the structures are adjacent to a residentially zoned property or separated from that property solely by an alley.

Commented [PA34]: Clearly states existing requirement to round fractional parking upward. Commented [PA35]: Explicitly states that senior and disabled housing parking standards from Article 12.5 and 12.8 supersede this parking section. Commented [PA36]: All guest parking provisions moved into BHMC Section 10-3-2816 for clarity and easier reference. Commented [PA37]: Text relocated to BHMC Section 10-3-2816.

Article 28 Redline – September 30, 2025 City Council

Page 14 ends

D. Screening and Noise: All parking structures shall be constructed to shield the parked vehicles from horizontal view in all directions, excluding required vehicular entrances and exits, and shall comply with thenoise abatement requirements of this code.

1. Parking structures adjacent to residential zones or separated from a residential zone by an alley shall be enclosed with solid walls.

E. No parking space shall be located within a front yard. (Ord. 96-O-2266, eff. 10-18-1996; Ord. 25-O-####, eff. #-##-2025) No parking space shall be located within a front yard. (Ord. 96-O-2266, eff. 10-18-1996) REDLINE OF BHMC TITLE 10, CH. 3, ARTICLE 1 (DEFINITIONS), ARTICLE 28.5 (R-4 PERMITS), ARTICLE 30 (ARCHITECTURAL AND DESIGN REVIEW COMMISSION), ARTICLE 31 (PLAN DEVELOPMENT REVIEW)
10-3-100: DEFINITIONS [New definition added for Objective Design Standards in BHMC § 10-3-100] OBJECTIVE DESIGN STANDARD: A standard as defined by Government Code §66300(a)(7) as it may be amended from time to time. For the purposes of this title, such a standard (i) involves no personal judgement, (ii) is uniformly verifiable by reference to external and objective benchmarks, and (iii) may be applied ministerially. [Add subsection 11 to add an exception in the definition of “Height of Building” BHMC § 10-3-100] 11. Rooftop Noise Barrier: A transparent or clear barrier placed on the rooftop of a building not exceeding six feet (6’) in height, measured from the finished floor surface of the adjacent rooftop deck.

No Proposed Amendments to Other Existing Definitions.
10-3-2850: R-4 PERMITS THAT MAY BE GRANTED Notwithstanding any other provision of this chapter, upon application by a property owner in a form satisfactory to the director of planning and community development, the reviewing authority may issue an R-4 permit to the following development standards as provided within this chapter:

A. Subsections 10-3-2808B, C and E1 regarding rear setbacks; B. Subsection 10-3-2804D1 regarding the height of buildings and rooftop bathroom facilities; C. Section 10-3-2806 C. regarding the depth of required modulation; D. Section 10-3-2809 regarding length of buildings; E. Section 10-3-2813 regarding front yard paving; F. Section 10-3-2819 to permit residential units above existing garages or carports; G. Subsection 10-3-1238 A. regarding setback encroachments; H. Subsection 10-3-2806 E.4.b.i. regarding the percentage of front façade of the first two (2) stories of a large scale multiple residential development that is required to be built to the front setback line; I. Section 10-3-2804 D.2. regarding extension of legally nonconforming height; J. Section 10-3-5001 regarding multi-family accessory dwelling unit development standards; K. Sections 10-3-2808 B. and C. regarding replacement or expansion of a garage or carport; and I. Section 10-3-2816 F. regarding unit bonus parking. 10-3-2850: R-4 PERMITS THAT MAY BE GRANTED: Notwithstanding any other provision of this chapter, upon application by a property owner in a form satisfactory to the director of planning and community development, the reviewing authority may issue an R-4 permit to the following development standards as provided within this chapter: A. Subsections 10-3-2808B, C and E1 regarding rear setbacks; B. Subsection 10-3-2804B regarding the height of buildings and rooftop bathroom facilities; C. Section 10-3-2806 regarding the depth of required modulation; D. Section 10-3-2809 regarding length of buildings; E. Section 10-3-2813 regarding front yard paving. F. Section 10-3-2819 to permit residential units above existing garages or carports. G. Subsection 10-3-1238A regarding setback encroachments. H. Subsection 10-3-2806E3b regarding the percentage of front facade of the first two (2) stories of a large scale multiple residential development that is required to be built to the front setback line; and I. Section 10-3-2804 regarding extension of legally nonconforming height. J. Section 10-3-5001 regarding multi-family accessory dwelling unit development standards.

Article 28 Redline – September 30, 2025 City Council

Page 15 ends

10-3-3007 [Subsection A.1.]: ARCHITECTURAL AND DESIGN REVIEW REQUIRED:

A.1. Approval: No building, structure, sign, wall, fence, or landscaping located in any zone, other than a single-family (one-family) residential zone in the Hillside Area or Trousdale Estates, shall be erected, constructed, altered, or remodeled unless the elevations and plans for the exterior portions and areas and the interiors of mall areas, as defined in section 10-3-100 of this chapter, have first been reviewed and approved by the Director pursuant to subsection E of this section, or by the Architectural and Design Review Commission, or by the Council on appeal. In addition, new construction of multi-family residential development (not part of a mixed-use development) requesting more than five (5) deviations from the Objective Design Standards adopted by reference in section 10-3-2800.5 of this code require approval by the Architectural and Design Review Commission, or by the Council on appeal. 10-3-3007: ARCHITECTURAL AND DESIGN REVIEW REQUIRED: A.1. Approval: No building, structure, sign, wall, fence, or landscaping located in any zone, other than a single-family (one-family) residential zone in the Hillside Area or Trousdale Estates, shall be erected, constructed, altered, or remodeled unless the elevations and plans for the exterior portions and areas and the interiors of mall areas, as defined in section 10-3-100 of this chapter, have first been reviewed and approved by the Director pursuant to subsection E of this section, or by the Architectural and Design Review Commission, or by the Council on appeal. 10-3-3007 [Subsection J.]: ARCHITECTURAL AND DESIGN REVIEW REQUIRED: J. Exemption: The provisions of this article shall not apply to:

1. New construction of multi-family residential development, not part of a mixed-use development, fully compliant with the Objective Design Standards (ODS) adopted by reference in section 10-3-2800.5 of this chapter or with up to five (5) deviations from the ODS approved by the Planning Commission per section 10-3-3100 of this chapter.

2. Certain single-family projects as described in subsection 10-3-2426B of this chapter. 10-3-3007: ARCHITECTURAL AND DESIGN REVIEW REQUIRED: J. Exemption: The provisions of this article shall not apply to certain single-family projects as described in subsection 10-3-2426B of this chapter. 10-3-3102: REVIEWING AUTHORITY FOR DEVELOPMENT PLAN REVEW APPLICATIONS: A. The Planning Commission shall be the reviewing authority for all development plan review applications involving the following: 1. Projects in the C-5 or Public Service Zone involving new construction with a floor area ratio greater than 1.5, other projects in those zones involving more than forty thousand (40,000) square feet of new or additional floor area, and projects in any other zone involving more than fifteen thousand (15,000) square feet of new or additional floor area. 2. Multi-family residential projects involving five (5) or more new units. 3. Any project requiring the granting of a variance. 4. Rooftop gymnasiums and lunchrooms in the C-3, C-R, C-3A, and C-3B Zones. 5. Any project referred to the Planning Commission by the Planning Director. 6. All common interest development projects, as defined in chapter 2, article 7 of this title. 7. Any project constructed pursuant to a density bonus permit. 8. Any multi-family residential project requesting up to five (5) deviations from the Objective Design Standards adopted by reference in section 10-3-2800.5 of this chapter. 10-3-3102: REVIEWING AUTHORITY FOR DEVELOPMENT PLAN REVIEW APPLICATIONS: A. The Planning Commission shall be the reviewing authority for all development plan review applications involving the following: 1. Projects in the C-5 or Public Service Zone involving new construction with a floor area ratio greater than 1.5, other projects in those zones involving more than forty thousand (40,000) square feet of new or additional floor area, and projects in any other zone involving more than fifteen thousand (15,000) square feet of new or additional floor area. 2. Multi-family residential projects involving five (5) or more new units. 3. Any project requiring the granting of a variance. 4. Rooftop gymnasiums and lunchrooms in the C-3, C-R, C-3A, and C-3B Zones. 5. Any project referred to the Planning Commission by the Planning Director. 6. All common interest development projects, as defined in chapter 2, article 7 of this title. 7. Any project constructed pursuant to a density bonus permit.

Attachment 4
Planning Commission Resolution
No. 2092
1 RESOLUTION NO. 2092

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF BEVERLY HILLS RECOMMENDING THAT THE

CITY COUNCIL ADOPT AN ORDINANCE AMENDING
CHAPTER 3 OF TITLE 10 OF THE BEVERLY HILLS

MUNICPAL CODE RELATED TO MULTI-FAMILY

RESIDENTIAL DEVELOPMENT, ADOPT OBJECTIVE

DESIGN STANDARDS, AND FIND THE ORDINANCE AND

STANDARDS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
WHEREAS, the Planning Commission has considered the proposed Amendments to the City of Beverly Hills Municipal Code (“BHMC”), as set forth and attached hereto as Attachment A of Exhibit 1 (the “Amendments”); and
WHEREAS, the Planning Commission has considered the proposed Objective Design standards as set forth and attached hereto as Exhibit 2 (the “ODS”); and WHEREAS, the Planning Commission conducted a duly noticed public hearing on August 28, 2025, at which time it received oral and documentary evidence relative to the proposed Amendments and ODS; and
WHEREAS, recent amendments and ongoing trends in state housing laws–including the Housing Accountability Act (Gov. Code §§ 65589.5) and the Housing Crisis Act of 2019 (Gov.

Code §§ 65941.1, 65905.5, 66300)–limit the City’s authority to disapprove or reduce the density of housing projects that comply with all objective General Plan, zoning, and design standards; and, WHEREAS, the City of Beverly Hills has a unique heritage characterized by exceptional architectural quality in its housing stock, which historically has been preserved through a discretionary architectural review process using subjective findings (BHMC Section 10-3-3010 (Architectural Review Criteria)) that, under state law, can no longer be used to deny housing development projects that comply with objective standards; and, Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE 2 WHEREAS, the City’s certified 2021 – 2029 Housing Element includes Implementation Program 12.1 (Development Standards), which directs the City to adopt objective design standards for multi-family housing projects by 2026 and to adopt code changes to streamline architectural review by allowing Director-level approval based on objective criteria for multi-family housing projects that include affordable housing units; and,
WHEREAS, the adoption of objective design standards will establish a foundation of highquality design requirements that preserve the character of the City’s multifamily residential neighborhoods to apply in lieu of otherwise required discretionary architectural review.

NOW, THEREFORE, the Planning Commission of the City of Beverly Hills hereby finds, resolves, and determines as follows:

Section 1. The Planning Commission finds that adoption of the proposed Amendments and ODS is consistent with the City’s General Plan because it fulfills the following Goals and Policies:
a. Land Use Element Goals and Policies
i. General Plan Goals LU 2 (Community Character and Quality) and LU 7 (MultiFamily Residential Neighborhoods) envision multi-family residential areas distinguished by a high level of design quality in site planning, architecture, landscaping, and compatibility with their context. The Amendments and ODS furthers these goals by codifying the City’s heritage of exceptional architectural design into clear objective standards such as additional façade articulation, limits on building massing, and other contextual design requirements.

Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE 3 ii. Land Use Policy LU 5.1 (Neighborhood Conservation): Policy LU 5.1, under Goal LU 5 (Complete, Livable, and Quality Neighborhoods), calls for maintaining the uses, densities, character, amenities, and quality of the City’s residential neighborhoods. Adoption of the Amendments and ODS does not change density, height, setbacks or other development standards, and directly advances this policy by regulating the form and design of new multi-family buildings with their surroundings.
b. Housing Element Goals and Policies
i. Housing Element Program 12.1 (Development Standards): Housing Element Implementation Program 12.1 outlines several code updates to facilitate housing development, including: adopting specific objective design review findings and standards for multi-family and mixed-use residential projects; streamlining the approval process by allowing Director-level architectural review for multi-family and mixed-use residential projects that include affordable housing; simplifying various requirements for multi-family buildings including modulation and parking; reducing minimum unit size requirements; and adopting objective design standards for multi-family residential projects by 2026 (with accompanying clear design guides for applicants). This proposed Amendments and ODS directly implement aspects of Program 12.1 by providing objective design standards for multi-family residential projects and by creating a streamlined, Director-level design review path (with limited deviations) for projects that include affordable units and updating multi-family residential development standards.

Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE 4 Section 2. The Planning Commission finds that the proposed Amendments are required for the public health, safety, and general welfare, and that the Amendments are consistent with the general objectives, principles, and standards of the General Plan.

Section 3. The Amendments and ODS 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 Amendments and ODS do not require additional environmental review under CEQA pursuant to Guidelines Sections 15162 (Subsequent EIRs and Negative Declarations), are categorically exempt from further review under Section 15305 (Class 5 – Minor Alterations in Land Use Limitations), and are statutorily exempt pursuant to Public Resources Code Section 21080.085, based on the following determinations:
a. Consistency with Prior Housing Element Analysis: Pursuant to CEQA Section 15162, the Amendments and ODS are within the scope of and consistent with the Addendum to the Mitigated Negative Declaration for the Amendments to the Adopted 2021 - 2029 City of Beverly Hills Housing Element (State Clearinghouse No. 2021090102), which was adopted by the City Council on March 18, 2024 and certified by the State Department of Housing and Community Development on May 1, 2024. The design standards and procedures established by the Amendments and ODS implement Housing Element Program 12.1 and do not introduce new significant environmental effects, directly or indirectly, beyond those already analyzed in the Addendum to the Mitigated Negative Declaration.
b. Class 5 Categorical Exemption (Minor Alterations in Land Use Limitations):

Separately and independently, the Planning Commission finds, and recommends that Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE 5 the City Council find, the Amendments and ODS qualify for the Class 5 Categorical exemption under CEQA Guidelines Section 15305 as a minor alternation in land use limitations. The ODS and associated zoning text Amendments do not change the permitted density or intensity of development on any property. Moreover, they impose objective design requirements and streamline certain review procedures without authorizing any increase in development potential beyond what is allowed under existing zoning and the General Plan. Accordingly, the regulatory changes are minor land use clarifications that will not have a significant effect on the environment. c. Separately and independently, the Planning Commission finds, and recommends that the City Council find, the Amendments and ODS constitute rezoning that implements the City’s adopted Housing Element, and thus are exempt from CEQA pursuant to Public Resources Code Section 21080.085.

Section 4. The Planning Commission hereby recommends that the City Council adopt an ordinance approving and enacting the proposed Amendments substantially as set forth in Exhibit 1, which is attached hereto and incorporated herein by reference.

Section 5. The Planning Commission hereby recommends that the City Council adopt by resolution ODS substantially in the form set forth in Exhibit 2, which is attached hereto and incorporated herein by reference.
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Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE 6 Section 6. 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: August 28, 2025
Jeff Wolfe
Chair of the Planning Commission of the
City of Beverly Hills
Attest:

Michael Forbes, AICP
Secretary of the Planning Commission
Approved as to form: Approved as to content:

David M. Snow Michael Forbes, AICP
Assistant City Attorney Director of Community Development Exhibits:

1. Draft Ordinance
a. BHMC Article 28 Amendments

2. Draft Objective Design Standards
Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE 7 EXHIBIT 1
Draft Ordinance
Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE 1 ORDINANCE NO. 25-O-_______

AN ORDINANCE OF THE CITY OF BEVERLY HILLS
AMENDING CHAPTER 3 (ZONING) OF THE BEVERLY HILLS

MUNICIPAL CODE RELATED TO MULTI-FAMILY

RESIDENTIAL DEVELOPMENT, AND FINDING THE

ORDINANCE EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, recent amendments and ongoing trends in state housing laws– including the Housing Accountability Act (Gov. Code §§ 65589.5) and the Housing Crisis Act of 2019 (Gov. Code §§ 65941.1, 65905.5, 66300)–limit the City’s authority to disapprove or reduce the density of housing projects that comply with all objective General Plan, zoning, and design standards;
WHEREAS, Government Code §66300(a)(7) defines an “objective design standard” as a standard that involves no personal or subjective judgment by a public official and is uniformly verifiable by reference to an external and objective benchmark, and the City seeks to adopt and apply standards meeting that definition; WHEREAS, the proposed amendments are consistent with the City’s General Plan, including goals and policies promoting high-quality design, the preservation of neighborhood character, and streamlined housing production; WHEREAS, the City conducted publicly noticed study sessions on the concept of objective design standards with the Planning Commission on November 14, 2024, and with the Architectural and Design Review Commission on January 25, 2025, during which the Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE 2 need for objective standards was introduced and discussed, and the commissions provided direction on potential ODS topics;
WHEREAS, at these study sessions, both the Planning Commission and the Architectural and Design Review Commission appointed ad hoc committees, each composed of two appointed members from the respective commission; and the appointed members of the two ad hoc committees worked closely with City staff to identify core design principles and priorities, and subsequently developed preliminary draft ODS document reflecting those identified priorities for formal consideration; WHEREAS, on April 23, 2025, City staff held a listening session with local architects and designers of housing projects to evaluate the practical application, feasibility, and enforceability of the proposed ODS concepts; and the Objective Design Standards ad hoc committees reviewed the recommendations accordingly and incorporated relevant refinements into the final ODS adopted herein;
WHEREAS, on July 16, 2025, the Architectural and Design Review Commission held a duly noticed study session to review the draft ODS and related process amendments in Article 28, affirming general support while expressly noting concerns about the feasibility and enforceability of Standard No. S6.1 (Variety of Materials), which requires a minimum of three (3) distinct materials on each street-facing façade; these concerns were formally transmitted to the Planning Commission for further evaluation; Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE WHEREAS, the Planning Commission considered this Ordinance on August 28, 2025, at a duly noticed public hearing, as prescribed by law, at which time interested persons had an opportunity to and did testify either in support or against this matter. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission found that the public interest, health, safety, morals, peace, comfort, convenience, or general welfare requires the Zoning Text Amendment and adopted Resolution No. 2092, recommending approval of the Ordinance by the City Council and that the City Council find the Ordinance exempt from the CEQA; and
WHEREAS, the City Council considered the Ordinance on __________, at a duly noticed public hearing, as prescribed by law, at which time interested persons had an opportunity to and did testify either in support or against this matter. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council.

THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY ORDAINS AS FOLLOWS:

Section 2. Amendment to Define “Objective Design Standard.” A new definition for “Objective Design Standard” is hereby added to in Section 10-3-100 of Article 1 (Definitions) in 3 Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE 4 Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC, inserted alphabetically between the existing definitions of “Nonresidential Zone” and “One-Family or Single-Family Residence or Dwelling,” to read as follows:
“OBJECTIVE DESIGN STANDARD: A standard as defined by Government Code §66300(a)(7) as it may be amended from time to time. For the purposes of this title, such a standard (i) involves no personal judgement, (ii) is uniformly verifiable by reference to external and objective benchmarks, and (iii) may be applied ministerially.” Section 3. Amendment to Definition of “Height of Building.” Paragraph B (regarding Multiple-Family residential zones) of the definition of “Height of Building” in Section 10-3-100 of Article 1 (Definitions) in Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended by adding a new subparagraph 11 to read as follows, with all other provisions of the “Height of Building” definition remain unchanged:
“11. Rooftop Noise Barrier: A transparent or clear barrier placed on the rooftop of a building not exceeding six feet (6’) in height, measured from the finished floor surface of the adjacent rooftop deck.”
Section 4. Amendment to R-4 Permit Standards. Section 10-3-2850 (R-4 Permits That May Be Granted) of Article 28.5 (R-4 Permits of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended in its entirety to read as follows:
“10-3-2850: R-4 PERMITS THAT MAY BE GRANTED:

Notwithstanding any other provision of this chapter, upon application by a property owner in a form satisfactory to the director of planning and community development, the Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE reviewing authority may issue an R-4 permit to the following development standards as provided within this chapter:

A. Subsections 10-3-2808B, C and E1 regarding rear setbacks; B. Subsection 10-3-2804D1 regarding the height of buildings and rooftop bathroom facilities;
a. Section 10-3-2806 C. regarding the depth of required modulation; C. Section 10-3-2809 regarding length of buildings;
D. Section 10-3-2813 regarding front yard paving;
E. Section 10-3-2819 to permit residential units above existing garages or carports; F. Subsection 10-3-1238 A. regarding setback encroachments; G. Subsection 10-3-2806 D.4.b.i. regarding the percentage of front façade of the first two (2) stories of a large scale multiple residential development that is required to be built to the front setback line;
b. Section 10-3-2804 D.2. regarding extension of legally nonconforming height; H. Section 10-3-5001 regarding multi-family accessory dwelling unit development standards;
c. Sections 10-3-2808 B. and C. regarding replacement or expansion of a garage or carport; and
d. Section 10-3-2816 F. regarding unit bonus parking.”
Section 5. Amendment to Architectural Review Requirements. Subsection (A)(1) of Section 10-3-3007 (Architectural And Design Review Required) of Article 30 (Architectural And Design Review Commission, Architectural Review) of Chapter 3 (Zoning) of Title 10 (Planning 5 Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE 6 and Zoning) of the BHMC is hereby amended to read as follows, with all other provisions of Section 10-3-3007 remain unchanged:
“A.1. Approval: No building, structure, sign, wall, fence, or landscaping located in any zone, other than a single-family (one-family) residential zone in the Hillside Area or Trousdale Estates, shall be erected, constructed, altered, or remodeled unless the elevations and plans for the exterior portions and areas and the interiors of mall areas, as defined in section 10-3-100 of this chapter, have first been reviewed and approved by the Director pursuant to subsection E of this section, or by the Architectural and Design Review Commission, or by the Council on appeal. In addition, new construction of multi-family residential development (not part of a mixed-use development) requesting more than five (5) deviations from the Objective Design Standards as adopted by Resolution of the City Council pursuant to section 10-3-2800.5 of this chapter that are requested through incentives, concessions, or waivers as part of a state density bonus project (pursuant to Government code section 65915 through 65918, et. Seq or any successor statute) and reviewed pursuant to section 10-3-3100 of this chapter, shall require approval by the Architectural and Design Review Commission, or by the Council on appeal.” Section 6. Amendment to Architectural Review Requirements. Subsection (J) of Section 10-3-3007 (Architectural And Design Review Required) of Article 30 (Architectural And Design Review Commission, Architectural Review) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows, with all other provisions of Section 10-3-3007 remain unchanged:
“J. Exemption: The provisions of this article shall not apply to:

Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE

Subsection (A) of Section 10-3-3102 (Reviewing Authority for Development Plan Review Applications) in Article 31(Development Plan Review) in Chapter 3 (Zoning) of Title 10 (Planning 7 Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE 8 and Zoning) of the BHMC is hereby amended to add a new subsection (8) as follows, with all other provisions of Section 10-3-3102 remaining unchanged:
“8. Any multi-family residential project requesting up to five (5) deviations from the Objective Design Standards as adopted by Resolution of the City Council pursuant to section 10-3-2800.5 of this chapter that are requested through incentives, concessions, or waivers as part of a state density bonus project (pursuant to Government code section 65915 through 65918, et. Seq or any successor statute).” Section 9. Amendment to Development Plan Review Standards for ODS Compliance.

Subsection (A) of Section 10-3-3104 (Standard of Review of Development Plan Review Applications) in Article 31 (Development Plan Review) in Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended as follows, with all other provisions of Section 10-3-3102 remaining unchanged:
e. “A. The proposed plan is consistent with the general plan and any specific plans adopted for the area, and complies with all development standards and Objective Design Standards as adopted by Resolution of the City Council pursuant to section 10-3-2800.5 of this chapter, unless deviations from standards are authorized through state density bonus law (pursuant to Government code section 65915 through 65918, et. Seq or any successor statute) or pursuant to section 10-3-3100 of this chapter.

Section 10. General Plan Consistency. The City Council finds that the provisions of this Ordinance are consistent with the City’s General Plan, including the Housing Element, as follows:

Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE 9 a. Land Use Element Goals and Policies
i. General Plan Goals LU 2 (Community Character and Quality) and LU 7 (MultiFamily Residential Neighborhoods) envision multi-family residential areas distinguished by a high level of design quality in site planning, architecture, landscaping, and compatibility with their context. The ODS furthers these goals by codifying the City’s heritage of exceptional architectural design into clear objective standards such as additional façade articulation, limits on building massing, and other contextual design requirements.
ii. Land Use Policy LU 5.1 (Neighborhood Conservation): Policy LU 5.1, under Goal LU 5 (Complete, Livable, and Quality Neighborhoods), calls for maintaining the uses, densities, character, amenities, and quality of the City’s residential neighborhoods. Adoption of objective design standards does not change density, height, setbacks or other development standards, and directly advances this policy by regulating the form and design of new multi-family buildings with their surroundings.
b. Housing Element Goals and Policies
f. i. Housing Element Program 12.1 (Development Standards): Housing Element Implementation Program 12.1 outlines several code updates to facilitate housing development, including: adopting specific objective design review findings and standards for multi-family and mixed-use residential projects; streamlining the approval process by allowing Director-level architectural review for multi-family and mixed-use residential projects that include affordable housing; simplifying various Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE 10 requirements for multi-family buildings including modulation and parking; reducing minimum unit size requirements; and adopting objective design standards for multifamily residential projects by 2026 (with accompanying clear design guides for applicants). This Ordinance directly implements aspects of Program 12.1 by providing objective design standards for multi-family residential projects and by creating a streamlined, Director-level design review path (with limited deviations) for projects that include affordable units and updating multi-family residential development standards.

Section 11. CEQA. This ordinance has been 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 City Council finds and declares the ordinance does not require additional environmental review under CEQA pursuant to Guidelines Sections 15162 (Subsequent EIRs and Negative Declarations) and are categorically exempt from further review under Section 15305 (Class 5 – Minor Alterations in Land Use Limitations), based on the following determinations:
a. Consistency with Prior Housing Element Analysis: Pursuant to CEQA Section 15162, the provisions of this ordinance (including the ODS document and related code amendments) are within the scope of and consistent with the Addendum to the Mitigated Negative Declaration for the Amendments to the Adopted 2021 - 2029 City of Beverly Hills Housing Element (State Clearinghouse No. 2021090102), which was adopted by the City Council on March 18, 2024 and certified by the State Department of Housing and Community Development on May 1, 2024. The design standards and procedures established by this Ordinance implement Housing Element Program 12.1 Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE and do not introduce new significant environmental effects, directly or indirectly, beyond those already analyzed in the Addendum to the Mitigated Negative Declaration. b. Class 5 Categorical Exemption (Minor Alterations in Land Use Limitations):

Section 13. 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. 11 Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE 12 Section 14. 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. The City Clerk is directed to certify to the enactment of this Ordinance and to cause this Ordinance to be published and/or posted as required by law.

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

EXHIBITS
Exhibit A: Zoning Text Amendments to Article 28 of the Zoning Code (Multiple-Family Residential Development Standards)
Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE 13 EXHIBIT A
Zoning Text Amendments to Article 28 of the Zoning Code (Multiple-Family Residential Development Standards)
Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE EXHIBIT “B”
Article 28 (Multiple-Family Residential Development Standards) Article 28 (Multiple-Family Residential Development Standards) in Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code is hereby revised in its entirety as follows:

ARTICLE 28. MULTIPLE-FAMILY RESIDENTIAL

DEVELOPMENT STANDARDS
10-3-2800: APPLICABILITY:

C. Concurrent Compliance: Projects subject to the ODS must also comply with all applicable development standards set forth in this article 28.

D. Resolving Conflicts Between Standards: Where a design element is regulated by both article 28 and the IODS, the more restrictive standard shall govern unless stated otherwise within the ODS.

Fractional calculations resulting in a remainder of site area exceeding seventy-five percent (75%) of the minimum required square footage per dwelling unit shall be rounded up to the next whole unit.

A. Within 170 Feet of A Single-Family Lot: The site is located less than 170 feet from the nearest single-family zoned property.

E. Legal Nonconforming Units:

Notwithstanding the density limits established in section 10-3-2801 of this chapter, a property with more dwelling units existing than permitted by the density limits established in this code or the City’s adopted General Plan shall reconstruct the same number of units Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE that currently exist on site to comply with the criteria in Government Code Section 66300.6 (“demolition of housing units”) or its successor statute, provided the units were lawfully established and all new construction complies with applicable development standards.

This provision shall also apply to any sites listed on the City’s adopted Housing Element Sites Inventory. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 00- O-2351, eff. 10-20-2000; Ord. 25-O-####, eff. #-##-2025) 10-3-2802: MINIMUM FLOOR AREA FOR DWELLING UNITS:

A. The following minimum floor area requirements shall apply to dwelling units within a multiple-family residential development:

Dwelling Type Minimum Floor Area

1. Efficiency Unit and
One Bedroom
500 sq ft

1. Does not project into any required yard;

2. Is contiguous to the dwelling unit; and

3. Is designated for the exclusive use of the dwelling unit.

However, the outdoor living space shall not be counted as more than ten percent (10%) of the required minimum floor area of the dwelling unit.

The outdoor living space shall comply with the following conditions:

A. Private Outdoor Living Space: Area contiguous to a dwelling unit for exclusive use.

1. Minimum Size: Each dimension, including the length, width and depth of such space, shall measure at least five feet (5').

Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE

2. Required Location: Space shall be provided on or above the ground level and shall be screened from ground level.

B. Common Outdoor Living Space: Area developed for the use and recreation of all residents of the site

1. Minimum Size: Each dimension, including the length, width and depth of such space, shall measure at least fifteen feet (15').

2. Required Location: Space shall be provided on or above the ground level.

C. Areas Excluded from Outdoor Living Space: The following shall not count toward outdoor living space:

1. Projections into Front Yards and Yard Areas Above Ground Level: Areas that project into a required front yard or into a required yard above the ground level.

2. Nonrecreational or Non-Accessible Areas: Portions of any parking space, driveway, pedestrian accessway, or utility area, such as a pool equipment area or trash area.

D. All required outdoor living space shall be free and clear of any permanent obstructions, developed and maintained in a neat and orderly manner and shall be safe, adequately surfaced, and accessible to the occupants of the dwelling units served by the space. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 25-O-####, eff. #-##-2025)
10-3-2804: HEIGHT LIMITS OF BUILDINGS IN MULTIPLE-FAMILY RESIDENTIAL ZONES:

Height District Height Limit Maximum Number of
Stories

1. District A 33 feet 3 stories

2. District B 45 feet 4 stories

Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE

D. Exceptions To Height Limits:

Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE a. The maximum total area of all rooftop bathrooms does not exceed two hundred (200) square feet;
b. Such structures do not exceed ten feet (10') in height as measured from the adjacent roof deck;
c. Such structures do not exceed thirty three percent (33%) of the roof area upon which they are located;
d. Such structures do not exceed or intersect a line projecting from the perimeter of the roof upward at an angle of forty five degrees (45°) from the horizontal; e. The reviewing authority finds that that the subject structures will not adversely affect the privacy of neighboring properties or access of neighboring properties to light, nor will the subject structures significantly increase noise to adjacent properties.

2. R-4 Permit for Additions To Buildings With Legally Nonconforming Height: If a legally constructed building located adjacent to the business triangle in an R-4 zone does not conform to the height restrictions set forth in this section, additions to existing dwelling units on the nonconforming story of such building may exceed the height restrictions set forth in this article provided that:
a. The additions do not exceed the maximum existing height of the legally nonconforming building as defined in article 1 of this chapter; b. The additions do not cause the nonconforming story of the building to occupy more than forty percent (40%) of the floor area of the floor immediately below it; c. The additions are compatible with the building design, the nearby streetscape, and surrounding development. To ensure compliance with this requirement, any additions proposed pursuant to this section shall be subject to the provisions of article 30 of this chapter concerning architectural review;
d. The additions do not result in the creation of any new bedrooms; e. The additions are not located in the rear thirty three percent (33%) of the existing building footprint if the building is located on a property where the rear property line is adjacent to a residential zone; and
f. The reviewing authority finds that the additions will not adversely affect the privacy of neighboring properties, access of neighboring properties to light and air, or the integrity of the streetscape.
g. A public benefit is offered to the city that offsets any long term impacts to the affordability of the city's housing inventory that result from the additions. h. For the purposes of this exception, the "business triangle" shall be defined as the area bounded by the centerline of Wilshire Boulevard, the centerline of Santa Monica Boulevard, south roadway, and the centerline of North Crescent Drive. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 16-O-2699, eff. 3-18-2016; Ord. 25- O-####, eff. #-##-2025)
Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE 10-3-2805: PROHIBITION AGAINST BASEMENT DWELLING UNITS:

No dwelling unit in a multiple-family residential zone shall have a finished floor level that is more than one foot (1') below the adjacent grade. (Ord. 95-O-2239, eff. 7-7-1995; amd.

Ord. 96-O-2266, eff. 10-18-1996)
10-3-2806: MULTIPLE-FAMILY RESIDENTIAL ZONES; FRONT SETBACKS AND MODULATION REQUIREMENTS:

1. Exception for Previously Zoned R-1.5 Lots: Notwithstanding any other provision of this section, any lot rezoned from R-1.5 to R-4 shall maintain a minimum fifteen foot (15') front setback.

1. Applicability: The requirements of this subsection B apply to multi-family buildings in the R-4, R-4X1, and R-4X2 zones. Properties in the R-3 zone are exempt from these modulation standards.

2. Front Modulation Depth: Minimum modulation depth is measured from the front setback line and requirements vary based on lot width as follows:

Lot Width Minimum Additional
Setback Depth
a. Lot Width of 50 Feet or Less 5 feet
b. Lot Width of More than 50 feet 10 feet

3. Front Modulation Area: Minimum modulation areas are required based on building height to help manage building scale and massing as follows:

Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE Figure 1. Aggregate Principal Building Area.

4. Calculation: The square footage that counts toward the Required Façade Modulation Area(s) shall be calculated as follows:
a. Formula:

Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE C. R-4 Permit to Reduce Depth of Modulation: Pursuant to the provisions of article

D. Additional Modulation Requirements For Large Scale Multiple Residential Developments:

1. Applicability: A large-scale multiple-residential development is a multi-family building with a street frontage of at least one hundred feet (100’).

Figure 2. Example of Modulation Area

3. Additional Modulation Formula:

Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE AMA = WBA x 5 feet x S
AMA = Additional modulation area in square feet
WBA = Width of the principal buildable area
S = Number of stories included within the
modulated portion

4. Standards for Additional Modulation:
a. Subsections 10-3-2806B.4c, d, and e shall apply to additional modulation area.

Additional modulation area is not subject to other minimum or maximum setback standards from the front setback line or to depth standards in subsections 10-3-2806B.2 and B.4b.
b. Build-To Requirement: At least sixty percent (60%) and no more than seventy percent (70%) of the front façade of the first two (2) stories shall be built to the front setback line.
i. R-4 Permit to Reduce Build-to Setback Requirement: The planning commission may allow less than sixty percent (60%) of the front façade of the first two (2) stories of a large scale multiple residential development to be built to the front setback line through an R-4 permit upon finding that the proposed development would not have an adverse impact on the scale and massing of the streetscape.
c. Corner Lot Modulation Requirement: For large scale multiple residential projects located on a corner lot, the required front building modulation area shall be allocated proportionately between façades facing front lot line(s) and street side lot line(s), based on the percentage of each façade’s street frontage length. d. Walls, Fences And Hedges: Any walls, fences and/or hedges which enclose any ground level outdoor living spaces or courtyards shall be limited to a maximum height of six feet (6'). Gates to outdoor living spaces or courtyards shall be "open to public view" as defined in section 10-3-100 of this chapter. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 98-O-2306, eff. 9-11-1998; Ord. 03-O-2424, eff. 3-7- 2003; Ord. 15-O-2675, eff. 5-22-2015; Ord. 25-O-####, eff. #-##-2025) 10-3-2807: MULTIPLE-FAMILY RESIDENTIAL ZONES; SIDE SETBACKS:

Building Height Minimum Sum of Two
Longest Side Setbacks
Minimum Length
Per Side Setback
A. Up to 3 stories or 33 feet 17 feet 8 feet
B. More than 3, up to 4
stories (33 – 45 feet)
19 feet 8 feet
C. Greater than 4 stories or
45 feet
23 feet 9 feet
Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 98-O-2306, eff. 9-11-1998; Ord. 25-O-####, eff. #-##-2025)
10-3-2808: MULTIPLE-FAMILY RESIDENTIAL ZONES; REAR SETBACKS:

A. Exception; Tower Drive: Notwithstanding any other provision of this section, the rear setback for those site areas fronting on the east side of Tower Drive shall be twenty feet (20').

1. Such garage or carport is expanded solely for the purpose of providing parking for a dwelling unit or units constructed prior to the expansion,

Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE Any addition to a garage or carport permitted pursuant to this subsection C shall be removed upon the replacement of the building served by the garage or carport or upon any expansion to such building if the expansion would require the provision of additional parking.

1. Subject to the requirements set forth in article 28.5 of this chapter, the planning commission may permit, through an R-4 permit, a reduction in the required rear setback for large scale multiple residential projects to a minimum of five feet (5') provided:
a. The rear property line of the site seeking the reduction does not abut property zoned R-1 or is separated from such R-1 zoned property by an alley. b. Such reduction is granted to offset the loss of usable floor area to the modulation requirements of subsection 10-3-2806D of this article, and such reduction does not result in a floor area that exceeds the maximum allowable floor area for the subject site; and c. The planning commission finds that:
(1) The proposed reduction in the rear setback does not create any significantly adverse impacts on the scale and massing of the streetscape; (2) The proposed reduction in the rear setback does not create any significantly adverse impacts on the neighboring properties by blocking access to light and air; (3) The proposed reduction in the rear setback does not create any significantly adverse impacts on the privacy of neighboring properties; and (4) The proposed reduction in the rear setback does not create any significantly adverse impacts on alley access. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE eff. 10-18-1996; Ord. 01-O-2388, eff. 1-4-2002; Ord. 03-O-2424, eff. 3-7-2003; Ord. 25- O-####, eff. #-##-2025)
10-3-2809: MULTIPLE-FAMILY RESIDENTIAL ZONES; LENGTH OF BUILDINGS:

No structures or building elements may project into any side yard of a multiple-family residential site area except the following permitted encroachments:

A. Fences, gates, and walls that otherwise comply with the requirements of this chapter;
B. Roof Eaves and Drainage:

1. Roof eaves may project no more than twenty inches (20"). Attached gutters may project up to an additional six inches (6") beyond the projection of the roof eave.

2. Downspouts and other drainage devices not projecting more than six inches (6"); C. Balconies may extend a maximum of twenty-four inches (24”) into required side yards subject to the following:

1. Balcony length at any one story does not exceed fifty percent (50%) of length of the wall on which it is located;

2. Any end of any balcony is not closer than three feet (3') to the front or rear corner of the building; and

3. The enclosure of the balcony does not exceed fifty four inches (54") in height; D. Exit stairs at or below the first floor level provided that handrails for such stairs shall not extend more than forty two inches (42") above the first floor level; E. Swimming pools and basement garages provided no part of such structure exceeds three feet (3') above the adjacent grade at any point, and no mechanical equipment servicing any such pool is located within a required side yard; F. Gas and electric meter enclosures projecting no more than eighteen inches (18") into such yard; and
G. Architectural projections, such as half timbers, corbels, and window and door accents, but excluding balconies, projecting no more than twelve inches (12") into such yard. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 19-O2795, 12-0-2019; Ord. 25-O-####, eff. #-##-2025) Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE 10-3-2811: PERMISSIBLE ENCROACHMENTS INTO FRONT AND STREET SIDE YARDS:

No structures or building elements may project into any front yard or street side yard of a multiple-family residential site area except the following permitted encroachments:

A. Fences, gates, and walls that otherwise comply with the provisions of this chapter; B. Roof Eaves and Drainage:

1. Roof eaves may project no more than four feet (4'). Attached gutters may project up to an additional six inches (6") beyond the projection of the roof eaves.

2. Downspouts and other drainage devices not projecting more than six inches (6").

C. Balconies may extend a maximum of three feet (3’) into a required front and street side yard, subject to the following conditions:

1. Any end of the balcony does not project beyond the corner of the building; and

2. The enclosure of the balcony does not exceed fifty four inches (54") in height; D. Entries and exit stairs at or below the first floor level provided that handrails for such elements shall not exceed forty two inches (42") above the first floor level; E. Basement garages provided no part of such structure is higher than two feet (2') below the finished level of the adjacent sidewalk and at least two feet (2') of soil depth is provided above the garage for planting purposes;
F. Architectural projections, such as half timbers, corbels, and window and door accents, but excluding balconies, projecting no more than twelve inches (12") into such yard. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 96-O2269, eff. 11-15-1996; Ord. 19-O-2795, 12-10-2019; Ord. 25-O-####, eff. #-##-2025) 10-3-2812: PERMISSIBLE ENCROACHMENTS INTO REAR YARDS:

No structures or building elements may project into any rear yard of a multiple-family residential site area except the following permitted encroachments:

A. All structures or building elements as set forth in subsections 10-3-2811A through D and F of this article;
B. Basement garages provided no part of such structure exceeds three feet (3') above the adjacent grade at any point;
C. Trash storage facilities;
D. Swimming pools provided no part of such structure exceeds three feet (3') above the adjacent grade; and
E. Garage exhaust vent stacks.
(Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 96-O-2266, eff. 10-18-1996; Ord. 98-O-2306, eff. 9-11-1998; Ord. 19-O-2795, 12-10-2019; Ord. 25-O-####, eff. #-##-2025) 10-3-2813: PAVING OF SETBACKS; MULTIPLE-FAMILY RESIDENTIAL ZONES:

Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE A. Except as otherwise provided in this section, no portion of any front yard within a multiple-family residential zone shall be paved, except for not more than one walkway not exceeding five feet (5') in width and one driveway not exceeding the width of its curb cut.

Ord. 96-O-2266, eff. 10-18-1996)
10-3-2813.5: SYNTHETIC TURF IN FRONT YARDS:

Synthetic turf shall be allowed as landscaping for the purposes of this article provided that the following provisions are satisfied for synthetic turf placed in front yards:

A. Stage D Required: Applications for the use of synthetic turf may only be approved, and permits for installation may only be issued when the city council has declared and implemented stage D water conservation measures. Synthetic turf that is legally installed during stage D declared periods may be retained thereafter, even if the city council withdraws the stage D declaration, provided the synthetic turf is maintained in accordance with all applicable standards.

B. Permit Required: A building permit must be obtained prior to the installation of any synthetic turf in the front yard visible from the public right of way of a residentially zoned Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE property. Upon application for a building permit the following shall be submitted to the community development department:

2. Material description including manufacturer's product data, specifications and installation instructions, installer information and qualifications, and warranty information.

3. A sample of the proposed synthetic turf material that is at least twelve inches by twelve inches (12" x 12").

4. Maintenance information for the synthetic turf.

1. Within the public right of way/parkway.

3. Within eighteen inches (18") of a front lot line. The eighteen-inch (18") buffer between the front lot line and synthetic turf shall be landscaped with living plant material.

4. Within three feet (3') of a multiple-family dwelling.

5. In any area that is used for the parking or driving of motor vehicles.

D. Material: Synthetic turf in a front yard must simulate the appearance of natural live grass and shall:

The use of indoor or outdoor plastic or nylon carpeting is prohibited.

Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE

5. Have a manufacturer's warranty lasting at least eight (8) years.

6. Have spacing between tufting rows (gauge) of no more than three-eighths inch (
3 /8") as defined by the manufacturer.

8. Have tear grab strength of at least two hundred (200) pounds.

9. Pass the pill burn test for flammability (ASTM D2859).

4. All existing irrigation infrastructure in the synthetic turf area including piping and sprinkler heads that are no longer used must be capped or removed and shall not be visible.

5. All reasonable efforts shall be made to protect existing trees and tree roots from damage during installation.

F. Maintenance: Synthetic turf shall be maintained in an attractive and clean condition pursuant to title 5, chapter 7 of this code and shall not contain holes, tears, stains, discoloration, seam separations, uplifted surfaces, heat degradation, or excessive wear. (Ord. 15-O-2691, eff. 11-6-2015)
Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE 10-3-2814: WALLS, FENCES AND HEDGES:

C. Supporting Elements: No column, pillar, post, or other supporting element of a wall or fence shall be more than twenty-four inches (24") in width.

The maximum allowable height for that portion of a wall, fence, or hedge located in a side yard, but not in a front yard, shall be seven feet (7') except that the maximum allowable height shall be ten feet (10') for such a wall or fence located within five feet (5') of a rear lot line. The maximum allowable height shall be sixteen feet (16') for such a hedge located within five feet (5') of a rear lot line.

Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE

F. Rear Yards: The maximum allowable height for a wall or fence located solely in a rear yard shall be ten feet (10').

No outdoor game courts shall be permitted in a multiple-family residential zone. (Ord. 96- O-2266, eff. 10-18-1996)
10-3-2816: PARKING REQUIREMENTS; NUMBER OF SPACES REQUIRED:

Parking is required for all multiple-family residential development and is based on bedroom count as follows:

A. General Parking Requirement1 2
Efficiency Unit (Less than
1,000 sq. ft.) One parking space
One Bedroom Two parking spaces
Two Bedrooms Two and one-half (2 ½) parking
spaces2
Three or Four Bedrooms 3 parking spaces
Five Bedrooms or More 4 parking spaces
B. Guest Parking Requirement
In addition, one permanent guest parking space is required for each four (4) dwelling units.
1 Any den or similar room capable of being used as a bedroom is considered a bedroom for the purposes of this section.
2 Fractional calculations shall be rounded up to the next whole number.

C. Minimum Dimensions: The dimensions of each parking space shall comply with the parking standards adopted by the city council and on file in the department of building and safety.

D. Guest Parking Standards: Guest parking shall comply with standards adopted by the city council and on file in the department of building and safety and the following requirements:

1. No spaces shall be reserved for exclusive use by residents of the development; Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE

2. All spaces shall be readily accessible by visitors to the development and designated in a manner that gives notice to visitors of the availability of guest parking; and

3. The manner of access, designation, and location of guest parking spaces shall be subject to the approval of the city engineer or designee.

All parking facilities shall comply with the following:

A. Location: All parking spaces must be within a structure located on the same site as the dwelling unit it serves.

B. Screening Near Entrance: Any parking space located within twenty five feet (25') of a parking structure front entrance must be completely screened from view from all public streets.

C. Driveway Width: The front access, including driveways and entrances, to a parking facility shall not exceed twelve feet (12') in width if serving a site that is sixty feet (60') wide or less.

1. Parking structures adjacent to residential zones or separated from a residential zone by an alley shall be enclosed with solid walls.

E. No parking space shall be located within a front yard. (Ord. 96-O-2266, eff. 10-18-1996; Ord. 25-O-####, eff. #-##-2025) Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE 10-3-2819: DEVELOPMENT INCENTIVES FOR MULTIPLE-FAMILY RESIDENTIAL DEVELOPMENT:

1. The site on which the additional unit (or units) will be constructed is zoned R-4;

2. The rear property line of the site on which the additional unit (or units) will be constructed abuts an alley;

For all other structures, additional units beyond one may be permitted only if such additional units comply with the applicable density limits.

3. Each unit may provide a maximum of one bedroom.

4. Notwithstanding the provisions of section 10-3-2816 of this article, one parking space shall be provided for each unit constructed pursuant to subsection A of this section.

Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE

1. The scale and massing of the streetscape;

2. Neighbors' access to light and air;

3. Neighbors' privacy; and

4. The garden quality of the city. (Ord. 01-O-2388, eff. 1-4-2002; amd. Ord. 02-O2394, eff. 3-22-2002) Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE 8 EXHIBIT 2
Draft Objective Design Standards
Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE

NEW MULTI-FAMILY RESIDENTIAL PROJECTS

WITH AFFORDABLE HOUSING
Adopted by the Beverly Hills City Council on [Month Day], 2025

OBJECTIVE

DESIGN STANDARDS (ODS)
Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE

OBJECTIVE DESIGN STANDARDS FOR NEW MULTI-FAMILY RESIDENTIAL PROJECTS WITH AFFORDABLE HOUSING PAGE 2 of 32

TABLE OF CONTENTS
Introduction …………………………………………………..………..3
ODS Priorities ……………………………………………………..……...3
Additional Regulatory Documents..……………………………...……4
How to Read the ODS..……………………………………………...…...5

1. Applicability and Procedure……...……………………..…...6

2. Massing and Articulation……………………………………...9

3. Contextual Design ……………………………………………..15

4. Privacy and Windows………………………………………....18

5. Balconies and Rooftop Decks ………………………........20

6. Materials and Detailing ……………………………………....22

7. Landscaping, Lighting, and Parking…………………....25

8. Setbacks and Massing Near Historic City Landmarks…28 Appendix – Definitions.……..…………………………………....31
Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE

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Beverly Hills’ first subdivision in 1907 marked the beginning of its distinct architectural legacy. To preserve this heritage within the limitations provided by state housing law, the City has introduced Objective Design Standards (ODS) for multifamily developments that include affordable housing.

The ODS set a baseline for architecture and site design so that new buildings positively contribute to Beverly Hills’ image, history, and character. They protect the City’s architectural identity by requiring features such as articulated facades, context-sensitive design, high-quality materials, and transitions next to historic landmarks, among other standards.

Each ODS requirement is a clear design rule. If a project meets all the standards, it is exempt from architectural review by the Architectural and Design Review Commission, and no discretionary design approval is needed. This exemption is intended to speed up approvals and makes the process more predictable for developers and the community, while helping the City facilitate the housing production called for in the Housing Element.

Developed collaboratively by the Planning Commission, Architectural Design Review Commission, and Planning staff, the ODS are guided by four priorities derived from General Plan objectives:

Preserve Neighborhood Scale and Character
Protect prevailing massing, height, and setbacks so new buildings reinforce Beverly Hills’ distinguished housing stock.

Promote Contextual Integrity
Require design elements, façade articulation, and high-quality materials that respond to neighborhood context and elevate architectural quality.

Increase Predictability
Provide greater certainty and transparency through objective standards and a streamlined process for architectural review.

Encourage Creative Flexibility
Offer multiple compliance options and an alternative deviation process so architects can innovate and achieve desirable design outcomes.

Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE

OBJECTIVE DESIGN STANDARDS FOR NEW MULTI-FAMILY RESIDENTIAL PROJECTS WITH AFFORDABLE HOUSING PAGE 4 of 32
The ODS works in tandem with existing development requirements to regulate new multi-family development. The following list is not exhaustive and compliance with additional documents may be required during project review. (Relevant documents and resources are available at beverlyhills.org/planninguides.) General Plan
▪ Comprehensive, long-range policy framework for the City’s physical, economic, and social development.

Includes policies and implementation programs guiding development decisions. 2021 – 2029 Housing Element
▪ An element of the General Plan that guides how the City will meet existing and future housing needs through goals, policies, and programs (including Program 12.1 calling for objective design standards).

Beverly Hills Municipal Code
▪ Contains zoning and development standards for multi-family projects, primarily in Article 28 of the Zoning Code.

Water Efficient Landscaping Requirements
▪ Supplements state requirements for planting palettes, irrigation design, and water budgeting.

Multi-Family Historic Resource Inventory
▪ Documents multi-family buildings in Beverly Hills that are formally designated or potentially eligible as historic resources.

Climate Action and Adaptation Plan
▪ Outlines strategies to reduce greenhouse gas emissions and prepare the community for climate change impacts.

Connect Beverly Hills
▪ Streetscape design standards for Wilshire and La Cienega Boulevards aimed at creating safe, comfortable, and vibrant street environments.

Complete Streets Plan
▪ Long-range plan recommending infrastructure, programs, and policies to make City streets safer and more multi-modal.

Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE

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Each design topic of the ODS is organized as follows:

Identifies the topic area and design theme.

Explains the design objective and the rationale behind the standard(s).

Lists the objective, measurable design criteria that projects must meet to receive an exemption from architectural review.

Provides recommended (but not mandatory) best practices, using words like” should” to suggest ways to meet or exceed the required standards. These are ideas for best practice and do not impose additional requirements.

Notes relevant General Plan goals and policies that the standards support (for example, preserving neighborhood scale, enforcing excellent design, or promoting sustainability).

Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE

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The Objective Design Standards (ODS) provide a clear, objective foundation for high-quality design of new multifamily development with affordable housing (constructed under Article 28 of the Beverly Hills Zoning Code). The standards apply uniformly and without discretion to facilitate housing production, pursuant to applicable state housing laws.

S1.1 Covered Projects and Compliance
The ODS apply to all new construction multi-family residential projects that include at least one affordable unit. The required standards in this article apply in addition to all applicable standards in other adopted City codes and documents, including (but not limited to) the development standards for multi-family projects in Article 28 of the Beverly Hills Zoning Code.

Exemptions – The ODS do not apply to single-family homes, nonresidential or commercial projects, accessory dwelling units, or mixed-use projects. Existing multi-family buildings are also exempt, including any future façade remodels or additions to them, as well as any project with a complete application submitted before the ODS effective date.

S1.2 Ministerial Architectural Review
Projects complying with all applicable ODS standards are exempt from architectural review per Beverly Hills Municipal Code (BHMC) § 10-3-3007 (Architectural Review Required). However, the project shall obtain all other discretionary permits and approvals required by the BHMC, including but not limited to Development Plan Review, R-4 Permit, Tentative Parcel Map (subdivision), or other approvals by the Planning Commission.

Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE

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S1.3 Deviation from ODS
An applicant may seek to deviate from the ODS through incentives, concessions, or waivers as part of a state density bonus project. For deviations from up to five (5) objective standards from this document, the project may proceed by obtaining only Planning Commission approval. If deviations from more than five (5) objective standards from this document are requested, the project shall also require a full public hearing and architectural review by the Architectural Design Review Commission pursuant to BHMC §10-3-3007 (Architectural Review Required).

S1.4 Reference Illustrations
Any diagrams, images, or figures provided in the ODS are illustrative only and intended to aid interpretation. In case of conflict between text and illustration, the written standard shall control.

S1.5 Definitions Specific to ODS
Specialized terms used in the ODS are defined in the Appendix section. Any term not defined in this document shall use the definition given in BHMC §10-3-100 (Definitions) or other relevant code sections.

S1.6 Relationship to Other Standards
Compliance with all other applicable provisions of the Beverly Hills Zoning Code and other City codes is required. Where a design element is regulated by both the Zoning Code and ODS, the more restrictive standard shall govern. Any modulation or recess provided to meet these standards may also count toward fulfilling modulation requirements in Article 28 of the Zoning Code, as long as all dimension and location criteria are satisfied. Architectural elements and other features designed in compliance with the ODS may encroach into required yards consistent with BHMC §§ 10-3-2810, 10-3-2811, and 10-3- 2812. The phrase “and all applicable standards” is implied after each standard in this document.

S1.7 Revisions
The City Council shall approve substantive or technical amendments to the ODS that materially affect the content, meaning, or application of the ODS, including, but not limited to, revisions to standards or guidance, applicability, numeric or dimensional requirements, or regulatory intent. The Director of Community Development is authorized to make clerical, grammatical, formatting, and minor administrative clarifications, provided such corrections do not alter the intent, meaning, or enforceability of the standards.

Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE

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S1.8 Effectiveness
These ODS will remain in effect until the adoption of permanent Objective Design Standards or until repealed by resolution of the City Council.

LU 1 Long-term Stability, H1 Maintenance and Conservation, LU 3.2 Fair Share of Regional Housing Needs, H4 Reducing Constraints
Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE

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Require stepping, modulation, and transparency so new buildings present scaled, articulated façades instead of blank masses.

S2.1 Upper-Story Stepback
For any portion of a building above 50’ in height, at least one stepback of at least 5’ from the façade plane of the lower floors is required on street-facing elevations to reduce perceived height and bulk. These stepbacks must extend a continuous length that is at least 25%of the width of the street-facing façade. (See Figure 2.1.) Source: Adapted from the Association of Bay Area Governments (ABAG), Objective Design Standards Handbook (2024) Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE

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S2.2 Modulation for Larger Facades
Any continuous street-facing facades of 100’ or longer must include at least one recess or projection to add depth and visual interest. Such feature must be at least 5’ deep (off-set from the primary façade plane), span at least 20’ in width, and and extend the full height of one building story.

S2.3 Minimum Fenestration
To promote transparency, clear windows or glazed doors must comprise at least 20 percent of the gross wall area of each street-facing façade. Translucent glazing does not count toward this minimum.

S2.4 Blank Wall Limit
No façade facing a street or residential property shall include an uninterrupted blank wall segment longer than 20’ horizontally.

S2.5 Side-Facing Articulation
If an interior side façade faces a lot line adjoining a residential property and exceeds 50’ in length, it shall incorporate articulation elements totaling at least 10% of that façade’s area. Qualifying articulation may include recesses or projections at least 18” deep and at least 2’ wide. (For example, a 10,000 sq. ft. side wall would need at least 1,000 sq. ft. of articulated area. This could be achieved with a combination of features such as a 5’-deep by 15’-wide recess (providing 75 sq. ft.) along with other elements to reach the required 1,000 sq. ft.) Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE

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S2.6 Scale Transition Next to Lower Residential
If a new building is more than 20’ taller than an existing adjacent residential building, the new structure shall include a side vertical recess or projection along the side that faces the lower building to provide a visual transition in scale. This recess or projection must be at least 3’ deep and shall extend the full height of the new building.

Such an element is required at least every 50’ along the side facing the lower neighboring building. See Figure 2.6.

S2.7 Varied Roofline
For any street-facing roof segment longer than 50’ without a change in height or form, modulation shall be provided to avoid an unrelieved, boxy appearance. In such cases, at least one of the following roofline variations is required for each 50’ section of roofline:
a. Horizontal Offset – Introduce a distinct horizontal step or break in the roofline of at least 2’ (height
difference), spanning a section at least 5’ in width;
b. Parapet Variation – Vary the parapet height by at
least two 2’, across a section at least 5’ wide;
c. Change of Roof Form – Change the roof form (for
example, provide pitched roof, gable, shed, mansard,
or another articulated form) to contrast with flat roof sections; or
d. Cornice Exception – A continuous cornice element
may satisfy the roofline modulation requirement if it
projects at least 4” from the façade and provides
decorative molding or similar detail.

Source: Adapted from ABAG, Objective Design Standards Handbook (2024) Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE

OBJECTIVE DESIGN STANDARDS FOR NEW MULTI-FAMILY RESIDENTIAL PROJECTS WITH AFFORDABLE HOUSING PAGE 12 of 32
G1 Design with Context
Look to nearby multi-family buildings of similar size for cues on overall massing, proportions, roof forms, and prominent building elements. The new design should reflect positive elements of its surroundings so that it feels contextual rather than out of place.

G2 Balance Solid and Void
Proportion the size and placement of windows and doors relative to wall areas, avoiding either excessive blank walls or an abundance of glass, to achieve a visually pleasing façade.

G3 Emphasize a Base-Middle-Top
Consider articulating the building vertically into a distinct base, middle, and top—a classic tripartite design found in many Beverly Hills multi-family buildings. This provides visual order and ties the new structure to traditional
proportions. See Figure G3. For example:
- Base – Use the ground-floor treatment (such as a
taller first-floor height, porch/entry features, columns, or a change in material) to establish a solid base and
a human-scaled street presence.
- Middle – On upper floors, introduce rhythm and
interest with bays, decks or balconies, varied wall
planes, material changes, and an orderly window
pattern.
- Top – Articulate the roofline through varied forms or parapet height changes and consider a change in
material or pattern to give the building a defined
“crown.”
Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE

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G4 Activate Ground-Level Recesses
When the façade has recessed areas at ground level (for example setbacks or entry courts), enhance these spaces with landscaping, seating, or extended sidewalk paving so they contribute to the pedestrian experience rather than reading as empty voids.

G5 Avoid Monotony in Large Buildings
For a large project with a long street frontage (over 100’), break up the design into distinct but compatible sub-volumes or “wings.” Different portions of a long building could have slightly varied façade compositions or color/material palates—while maintaining overall coherence—to give the impression of multiple smaller buildings instead of one massive structure.

G6 Integrate Mechanical Equipment
Treat rooftop mechanical equipment or utility enclosures as intentional parts of the architecture. If equipment projects above the parapet, use the same material palette or integrate it into a stair/elevator overruns so that these elements look like part of the design rather than afterthought additions.

G7 Highlight Massing Features
Use one or more strong massing features to break down and articulate the building’s form. (See Figure G7.) - Tower – A portion of the building that extends upward or is vertically accentuated as a distinct element. - Wing – A secondary volume attached to the main volume, to help break up length. - Stepback – An upper floor that is recessed from the façade below, to reduce perceived height along the street. - Projection – A section of the façade that protrudes outward (at least 4”) to add dimensional interest (e.g., bay windows or covered balconies).
- Recess – An indented section of a façade (at least 2” deep) that creates shadow and relief (e.g., inset balconies or entry alcoves).

Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE

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Figure G7 – Massing Examples
G8 Minimize Shadow Impacts
Be mindful of potential shadow impacts on adjacent properties, especially neighboring residences or pedestrian areas.

Consider using sun/shadow studies or solar access diagrams to inform massing so it minimizes prolonged shadows on these areas.

G9 Purposeful Eave and Overhang Projections
When projecting roof eaves and overhangs into setbacks, consider how the depth genuinely contributes to shading, weather protection, or architectural quality. Avoid defaulting to the maximum allowable projection unless clearly justified by site conditions or architectural intent.

LU 2.4 Architectural and Site Design, LU 7.1 Multi-Family Character and Design, H 1.1 Neighborhood Character, H 2.1 Affordable Housing Incentives
Source: Adapted from ABAG, Objective Design Standards Handbook (2024) Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE

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Tie each new frontage to its block by re-using at least two massing or façade elements from nearby multi-family buildings.

S3.1 Contextual Elements
Each street-facing façade of the new multi-family building shall incorporate at least one (1) contextual element drawn from the design of a neighboring multi-family building. The reference building(s) shall be on the same street and either be adjacent to the project or within 200’of the project’s property lines.

1. CONTEXTUAL ELEMENT - Incorporate at least one design element from an adjacent or nearby building.

Design Aspect Standard
i. Orientation and Entry Position the primary entrance of the new building at a horizontal location within five feet (5’) of the reference building’s entry, and the new doorway shall face the street at an angle within 15 degrees of the reference building’s entry orientation.
ii. Porch/Balcony Provide a porch, stoop, or balcony on the new building whose depth and width are within 2’ of a comparable porch/balcony on the reference building.
iii. First Floor or Cornice
Heights
Match either the first-floor elevation or the predominant eave/cornice line of the reference building within 18”.

Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE

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vi. Eave Projection If using a pitched roof with eaves, design the eave overhang depth to be within 3” or 15% of the reference building’s eave projection, whichever provides the larger tolerance. v. Material Reference Use at least one primary exterior cladding material that covers at least 30% of the reference building’s façade and apply that same material to at least 30% of the new building’s façade. vi. Window Pattern Align the new building’s window proportions or placements with those of the reference building by satisfying one of the following:
(i) Matching window height-to-width proportion within 10%; or (ii) Aligning the heads or sills of one row of windows within 1’ vertically; or (iii) Aligning the horizontal centerlines of a row of windows within 1’.

2. HISTORIC DISTRICT ALTERNATIVE
If the project is located within a designated multi-family historic district, the contextual requirement may be met by integrating at least two (2) character-defining architectural elements of the district’s predominant historic style. For example, the new design might borrow a roof type, façade material or texture, ornamentation pattern, or window style characteristic of the buildings in the historic district--interpreted in a contemporary yet complementary way without mimicry.

G10 Additional Contextual Elements
Consider providing multiple contextual cues from
neighboring buildings, including features not explicitly required by the standard. These could be complementary
front yard treatments, fence or wall designs, or common site layout patterns seen along the street.

G11 Reflect Local Style
Respect the prevalent architectural style or era on the block without literal imitation. For example, if most
buildings on the block have Mediterranean/Spanish
influences, a new building might use a warm neutral color Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE

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palette, clay or terracotta detailing, and vertically
proportioned windows as subtle nods to that tradition. In a mid-century context, a new building might have strong
horizontal lines, floor-to-ceiling windows, or decorative breeze block screens, as appropriate.

G12 Use Neighborhood Materials and
Detailing
Select exterior materials and details that are common or prized in the neighborhood. Avoid stark out-of-character choices (for example, an ultramodern metal-paneled
facade on a block of traditional stucco buildings) unless mitigated with transitional elements.

G13 Connectivity
Where applicable, design the site to enhance pedestrian connections to nearby transit stops and community
amenities (such as parks, trails, community centers,
religious buildings, or schools).

LU 2.1 City Places: Neighborhoods, Districts, LU 5.7 Neighborhood Transitions, LU 7.1 Character and Design, H 1.4 Historic Preservation, H 5.7 Neighborhood Transitions
Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE

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Position and detail windows to admit light and limit direct views into adjoining homes.

S4.1 Windows Near Residential Lot Lines
If a new building has a reduced interior side setback
of less than 8’, any window above the ground floor
facing that interior side residential lot line must be
designed to limit direct views into the adjacent
property. This shall be achieved by one of the
following methods:

1. Offset/Orientation – Offset the window at
least 12” horizontally so it does not directly
align with a neighboring window, or orient the
window toward the front or rear property line
(away from the side neighbor); or

2. Angled Placement – If an offset is not
feasible, angle the window opening at least
30 degrees away from a direct perpendicular
line of sight toward the side property line; or

3. Translucent Glazing – If neither an offset nor
an angle is feasible, use translucent or
frosted glass for the window.

Source: Adapted from ABAG, Objective Design Standards Handbook (2024) Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE

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S4.2 Window Insets or Trim
To add depth and visual interest, all windows on floors above ground level shall either be recessed at least 2” from the exterior wall plane or framed with a trim/casing at least 2” thick.

G14 Avoid Overlooks to Sensitive Areas
If adjacent properties have private outdoor areas (such as pools, patios, or gardens) near a shared property line, position or size upper-story windows so they do not directly face those areas.

G15 Calibrate Window Size to Room Use
Vary window size and placement to reflect interior room functions in a way that balances privacy needs. For example, bathrooms might have smaller or higher-placed windows for privacy, while living rooms can have larger windows positioned to avoid direct views into neighbor’s living space.

G16 Respond to Solar Orientation
Arrange and size windows with the sun’s path in mind. Use shading devices, recessed windows, or special glazing on southand west-facing elevations to reduce heat gain and glare, while maximizing daylight on north-facing elevations.

LU 2.10 Development Transitions and Compatibility, LU 12.2 Building and Site Design, H 1.2 Healthy and Safe Housing, H

3.4 Housing Accessibility, N 1.2 Noise between Adjacent Uses Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE

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Locate and screen outdoor living areas so residents gain usable space without creating noise or overlook impacts.

S5.1 Balcony Integration
Any balcony that projects 3’ or more outward from a façade shall be partially built into the building mass with a recess at least 1’ into that façade. Juliet balconies or other ornamental balconies less than 3’ deep are exempt from the recess requirement, but they must be at least 3’ wide and include a guardrail or trim element that projects at least 12” from the facade.

S5.2 Privacy Railings Near Single-Family
If a balcony is located within 10’ of a property line that abuts a single-family zoned lot, it shall incorporate an opaque or translucent balcony railing or screen at least 4 ½’ in height.

S5.3 Rooftop Decks
Usable rooftop deck areas shall occupy no more than 75% of the total roof area, and they must be set back from the roof edges to limit visibility and noise impacts, as follows:

1. Street-Facing, Multi-Family, and Nonresidential Edges – Any usable deck surface must be at least 5’ back from any roof edge facing a public street or facing a multi-family or nonresidential property.

2. Single-Family Edges – Any usable deck surfaces must be at least 10’ back from any roof edge facing a singlefamily residential property.

Along any side of a rooftop deck that faces an adjacent residentially zoned property, a continuous 6’ high transparent noise screen is required at the deck perimeter. This screen shall be constructed of clear laminated glass or a similarly transparent Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE

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material to minimize appearance of bulk and mass, and shall have a minimum Sound Transmission Class (STC) of 25 to help buffer noise. The required noise screen may exceed the building height limits of Article 28 of the Zoning Code for rooftop features, if necessary. All other deck perimeter railings or parapets shall comply with applicable height limits.

G17 Consistent Deck/Balcony Materials
Use materials and colors for parapets, railings, and other balcony or roof deck enclosures that complement the building’s overall design.

G18 Rhythmic Placement
Arrange balconies and decks in a regular rhythm or repeating pattern along the façade for an appealing cadence in the design.

G19 Decorative Trim and Accents
Enhance balconies and deck openings with decorative surrounds or trim to deepen the building’s character. These accents should be scaled to the opening and designed as part of the architecture rather than tacked-on features.

G20 Landscaping on Balconies and Roofs
Incorporate greenery on balconies and rooftop decks. Use planter boxes, trellised green screens, or other vegetation. For common rooftop areas, built-in perimeter planters with small trees or tall shrubs are recommended to create a “green edge” that supplements the setback requirements and further soften views from the street or neighboring properties.

N 1.2 Noise between Adjacent Uses, LU 7.2 Multi-Family Amenities, LU 12.2 Building, Parking Structure and Site Design, H 2.7 Environmentally Sustainable Housing
Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE

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Mandate durable cladding, clean transitions, and a varied material palette. Prohibit low-grade or highly reflective finishes.

S6.1 Variety of Exterior Facade Materials
Each street-facing façade shall incorporate at least two (2) visually distinct exterior building materials to avoid monotonous expanses. No more than one of these may be merely a different texture of the same material.

The following shall not be counted toward satisfying the required façade materials:
− Any paint application upon the same material texture, regardless of color or pattern. − Windows, doors, balconies, railings, trims, frames, moldings, gutters, downspouts, or similar architectural or ornamental features, regardless of their materials, finishes, or prominence.

S6.2 Prohibited Materials
The following exterior materials are not permitted on new multi-family buildings, as they are considered inconsistent with the City’s desired character:
- Vinyl siding or vinyl windows/doors
- Thin plastic (PVC) panel systems
- Faux wood-texture plywood or sheet siding
- Mirrored or highly reflective glass panels
Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE

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Additionally, if stucco is used, it shall be applied with a full three-coat process; one-coat synthetic stucco finishes are not permitted.

S6.3 Material Transitions
Wherever two different exterior materials meet on the same plane of a façade, the boundary between materials shall be clearly detailed by using at least one of the following methods to provide a coherent transition:
a. Reveal or Channel – Introduce a continuous reveal or channel at least one-half inch (½”) in width and depth, to create a pronounced shadow line between materials;
b. Plane Offset – Provide a visible offset at least 3” in the façade plane, so one material protrudes or is inset relative to the adjacent material; or
c. Trim or Molding – Use a trim board, molding, belt course, or similar architectural element that projects or recesses at least ¾” from the wall surface to separate the two materials.

S6.4 Wraparound Material Corners
Any primary material that “wraps” around onto adjoining exterior walls must span at least 5’ on each façade. This prevents a jarring break at corners and maintains a consistent level of detail on both sides.

G21 Purposeful Material Placement
Use each material where it has a clear structural, functional, or aesthetic purpose. Avoid adding extra materials or finishes without reason as too many materials can clutter the design.

G22 Favor Proven, Natural Materials
Choose natural, long-lasting materials (stone, high-quality wood, metal, glass) over thin synthetic claddings. Materials like thin fiber-cement siding/panels, artificial stone veneers, and similar products may weather poorly. Authentic materials or high-quality equivalents help convey a sense of permanence.

Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE

OBJECTIVE DESIGN STANDARDS FOR NEW MULTI-FAMILY RESIDENTIAL PROJECTS WITH AFFORDABLE HOUSING PAGE 24 of 32
G23 Base-Middle-Top Materials
Consider using darker, heavier-appearing materials at the building’s base and progressively lighter materials/colors toward the top. For example, a building might have a masonry or dark stucco base, smoother or lighter-toned stucco or paneling on the upper floors, and a light-colored trim or metal detail at the roofline.

G24 Limit Reflectivity
Use reflective materials sparingly to reduce glare. In general, matte or low-gloss finishes are preferred for large surfaces.

LU 2.4 Architectural and Site Design, LU 11.2 Site Planning and Architectural Design, H 2.7 Environmentally Sustainable Housing, H 1.4 Historic Preservation
Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE

OBJECTIVE DESIGN STANDARDS FOR NEW MULTI-FAMILY RESIDENTIAL PROJECTS WITH AFFORDABLE HOUSING PAGE 25 of 32
Use shielded lighting, layer drought-tolerant planting, and screened parking to create a safe, walkable edge between private property and the public street.

All landscaping shall comply with the Beverly Hills’ Water Efficient Landscaping requirements, in addition to the standards below:

S7.1 Street Tree Requirement
Street-facing landscape shall include a minimum of one canopy tree (48-inch box size or larger at planting) for each 25’ of street frontage of the project site or fraction thereof. If site conditions prevent exact 25’ spacing, the required number of trees may be spaced at regular intervals across the site’s street-facing length.

S7.2 Screening Utilities with Landscaping
If landscape is used to screen utilities or mechanical equipment, the planting area shall be least 2’ deep, and the plants shall have a density at installation to fully hide the equipment as viewed from public rights-of-way.

S7.3 Podium Parking Screening
Any above-grade parking podium or structure that fronts a public street must be screened to lessen its visual impact. The screening shall provide at least 75% opacity (solid screening). If using a “green” vegetated screen, the opacity shall provide the required density at the time of installation. Such screening must be designed as an integral part of the building façade and use the same materials as the main building design.

Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE

OBJECTIVE DESIGN STANDARDS FOR NEW MULTI-FAMILY RESIDENTIAL PROJECTS WITH AFFORDABLE HOUSING PAGE 26 of 32
G25 Layered Landscape Design
Use a mix of trees, shrubs, and groundcover in the landscaped transition areas between buildings and sidewalks. A layered landscape (tall trees, medium shrubs, and low groundcover) creates an attractive buffer while maintaining visual connection between the property and the street. Guidance on plant choices and water retention strategies can be found in the Low Impact Development Manual for Southern California prepared by the Southern California Stormwater Monitoring Coalition and the State of California Model Water Efficient Landscape Ordinance (MWELO).

G26 Preserve Mature Trees
Retain healthy mature trees on-site, especially along street frontages or at the site perimeter. Design the site plan (driveway placement, building footprint, etc.) to avoid removing significant mature trees. Established trees add immediate character and environmental benefits; and saving them, even if it requires minor design adjustments, is strongly encouraged.

G27 Provide Usable Landscaped Spaces
Include usable outdoor area on-site for residents. For example, a small front courtyard with a fountain (a feature common in traditional Beverly Hills multi-family buildings), or a landscaped walking path with benches can provide attractive outdoor amenities.

G28 Integrate Lighting with Landscape
Integrate subtle, low-voltage lighting into landscape features for safety and ambiance, while still meeting the shielding requirements of the lighting standards.

G29 Plan for Service and Loading
Cluster parking and service areas to minimize the number of curb cuts (driveways) that interrupt the sidewalk. Anticipate practical needs like deliveries, move-in/move-out loading, and trash collection and accommodate them into the design in an unobtrusive way.

G30 Coordinated Lighting Scheme
Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE

OBJECTIVE DESIGN STANDARDS FOR NEW MULTI-FAMILY RESIDENTIAL PROJECTS WITH AFFORDABLE HOUSING PAGE 27 of 32
Design all exterior lighting (in open spaces, parking areas, pedestrian paths, landscaping, building entrances, etc.) to have a consistent style and color temperature, that complement the development’s overall architectural lighting scheme.

OS 5.6 Extensive Landscaping, OS 6.6 Lighting, H 1.1 Neighborhood Character, LU 14.8 Private Development Landscaping, LU 2.9 Public Safety, H 2.8 Transit-Oriented Housing, H 2.7 Environmentally Sustainable Housing, OS 2.2 Manage and Enhance, OS 6.7 Glare
Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE

OBJECTIVE DESIGN STANDARDS FOR NEW MULTI-FAMILY RESIDENTIAL PROJECTS WITH AFFORDABLE HOUSING PAGE 28 of 32
Limit height, bulk, and siting of new construction adjacent to landmarks so the historic resource remains visually dominant.

S8.1 Transition Zone for Landmarks
If a new building is directly adjacent to designated City historic landmark, special transition areas shall apply to portions of the new construction nearest the landmark:

1. Height and Bulk Limit: Within these transition areas, the new building’s height, width, and length shall not exceed the corresponding dimensions of the historic building by more than 10 percent:

Front Transition Area - The front portion of the new building, extending at least 5’ back from the line of the landmark’s street-facing façade (or the full depth of the new building’s required front setback, whichever is greater), is considered a front transition zone. Within this zone, the new building must comply with the Height and Bulk Limit stated above.

Side Transition Area - The side portion of the new building abutting the landmark property, extending at least 15’ inward from the shared lot line (or the full width of the new buildings required side setback, whichever is greater), is considered a side transition zone. Within this zone, the new building must comply with the Height and Bulk Limit stated above.
(See Figure S8.1)
Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE

OBJECTIVE DESIGN STANDARDS FOR NEW MULTI-FAMILY RESIDENTIAL PROJECTS WITH AFFORDABLE HOUSING PAGE 29 of 32
Source: Adapted from ABAG, Objective Design Standards Handbook (2024) Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE

OBJECTIVE DESIGN STANDARDS FOR NEW MULTI-FAMILY RESIDENTIAL PROJECTS WITH AFFORDABLE HOUSING PAGE 30 of 32
G31 Architectural Dialogue
Reference (but do not replicate) one or two character-defining features of the landmark—such as its window rhythm, cornice height, or dominant material—so the new construction reads clearly modern yet sympathetic to the landmark building. (See NPS Preservation Brief 14 and California Office of Historical Preservation guidelines for principles on designing new construction to protect historic building integrity.)
G32 Preserve Setting and Views
Avoid blocking a landmark building’s primary facades, its character-defining features, or any traditional open space that contributes to its significance.

G33 Historic Context and District Compatibility
Apply the principles of S8.1 not just to designated landmarks but also to new buildings adjacent to eligible historic resources or those located within historic districts. A neighboring building need not be officially landmarked to warrant special care; if it contributes to the historic character of the area, the new construction should treat it as a “historic neighbor” and respond accordingly.

G34 Preservation Standards and References
Consult established preservation standards and guidelines at the outset of design when building near historic structures.

The Beverly Hills’ Historic Preservation Ordinance requires any project affecting a designated landmark to comply with the Secretary of the Interior’s Standards for Rehabilitation, and early consideration of those standards is strongly recommended.

LU 2.6 City History, LU 2.10 Development Transitions and Compatibility, H 1.4 Historic Preservation, H 4.2 Development Standards
Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE

OBJECTIVE DESIGN STANDARDS FOR NEW MULTI-FAMILY RESIDENTIAL PROJECTS WITH AFFORDABLE HOUSING PAGE 31 of 32
The following definitions apply to terms used in the ODS.

Articulation - The way a building’s surfaces are varied or broken into distinct parts. Articulation can be achieved through changes in depth (recesses, projections), materials, or detailing. Well-articulated façades have visual interest and avoid large, unrelieved flat walls.

Blank Wall – An expansive section of building wall that has no windows, doors, or articulation consisting 25% or more of the subject wall.

Contextual Design - An approach to design that responds to the surrounding built environment (context)by designing a new multi-family building to be compatible with nearby multi-family buildings with respect to scale, placement, and sometimes style cues so it “fits in” with its setting.

Fenestration - The arrangement and design of windows (and other openings like doors) on a building facade.

Green Vegetated Screen - A wall that is partially or fully covered with vegetation, either via climbing vines grown on a structure or modular planted panels. Often used to soften blank walls or provide an aesthetic feature.

Guidance - A recommended practice that is not mandatory. Phrased with words like “should” or “encouraged,” guidelines provide flexibility and ideas for best practice. They are clearly optional and not grounds for denial if not followed.

Historic Landmark - A property that has been officially designated as a historic resource by the City of Beverly Hills, State of California, or the National Register.

Massing - The three-dimensional bulk of a building, including its height, width, and depth. In other words, the overall shape and size of the structure.

Material - A distinct class of finish such as stone, tile, granite, wood, terracotta, steel, glass, architectural concrete, or equivalent durable façade finish.

Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE

OBJECTIVE DESIGN STANDARDS FOR NEW MULTI-FAMILY RESIDENTIAL PROJECTS WITH AFFORDABLE HOUSING PAGE 32 of 32
Privacy Screen - An architectural element (could be a solid panel, louver, frosted glass, etc.) intended to block direct views.

Used on balconies, decks, or windows to enhance privacy between adjoining spaces.

Stepback - An upper floor that is recessed from the façade below, to reduce perceived height along the street.

Texture – A specific surface treatment of a given material type (for example, polished concrete vs. board-formed concrete; or vertical wood siding vs. horizontal wood siding, etc.).

Docusign Envelope ID: E3959D3F-82BD-424E-8D35-F4FEFBD328FE

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. 2092 duly passed, approved and adopted by the Planning Commission of said City at a meeting of said Commission on August 28, 2025, 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 Kaplan, Ross, Demeter, Vice Chair Milkowski, Chair Wolfe
NOES: None
ABSTAIN: None
ABSENT: None
________________________________

KAREN MYRON
Recording Secretary of the
Planning Commission
City of Beverly Hills, California
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Attachment 5
Planning Commission Staff Report –
8/28/2025 (Without attachments)
City of Beverly Hills
Planning Division
455 N. Rexford Drive Beverly Hills, CA 90210
TEL. (310) 285-1000 FAX. (310) 858-5966
Planning Commission Report
Attachments:

A. Planning Commission Resolution
Exhibit 1 - Draft Ordinance
Exhibit A – Article 28 Amendments
Exhibit 2 – Draft Objective Design Standards
B. Zone Text Amendment Findings
C. BHMC Redline Version with Staff Annotations
D. Required Discretionary (Subjective) Findings for Architectural Review E. Overview of Applicable State Laws – Objective Design Standards F. Staff Reports from the November 14, 2024 PC Study Session and July 16, 2025, ADC Study Session (without Attachments)
G. Summary of Multi-Family Development Standards
H. Applicable General Plans Goals and Policies
Report Author and Contact Information:

Chloe Chen, Principal Planner
(310) 285-1194
[email protected]
Meeting Date: August 28, 2025

AN ORDINANCE OF THE CITY OF BEVERLY HILLS

ADOPTING OBJECTIVE DESIGN STANDARDS (ODS) AND
AMENDING CHAPTER 3 (ZONING) OF THE BEVERLY HILLS

MUNICIPAL CODE RELATED TO MULTI-FAMILY

RESIDENTIAL DEVELOPMENT AND FINDING THE

PROJECT EXEMPT FROM CEQA
Project Applicant: City-Initiated
Recommendation: Conduct a public hearing and adopt a resolution recommending the adoption of the draft ordinance to the City Council and recommending the adoption of the ODS by City Council resolution; and finding the project exempt from further review under CEQA.

REPORT SUMMARY
In response to state housing law, staff has drafted Objective Design Standards (ODS) for new multi-family housing projects that include deed-restricted affordable housing units. The Planning Commission (PC) will consider recommending City Council approval of the following:

1. Adoption of a resolution to adopt Objective Design Standards (ODS) to address massing, privacy, landscaping, materials, and other architectural features for housing projects with at least one affordable housing unit. Projects that meet the objective standards would be exempt from the City’s discretionary architectural review process to implement Housing Element Program 12.1.

2. Adoption of an ordinance to amend the Beverly Hills Municipal Code (BHMC) to update multi-family development regulations by amending Article 1 (Definitions), Article 28 (Multiple-Family Residential Development), Article 28.5 (R-4 Permits), Article 30 (Architectural Review), and Article 31 (Development Plan Review) of the zoning code to reference the new Objective Design Standards. Consistent with Housing Element Program 12.1 to minimize possible housing constraints, these amendments simplify façade modulation requirements, reduce minimum unit sizes, and clarify that multi-family buildings with existing nonconforming density may be rebuilt to their existing unit count, 2-1
Planning Commission Report
ODS for Multi-Family Housing Projects
August 28, 2025

Page 2 of 15 ends

Beverly Hills City CouncilSeptember 30, 2025

Beverly Hills City Council
September 30, 2025