ITEM F-1 — Beverly Hills City Council, May 5, 2026

AGENDA REPORT
Meeting Date: May 5, 2026
Item Number:

To: Honorable Mayor & City Council
From: Chloe Chen, Principal Planner
Deborah Hong, Associate Planner
Subject: AN ORDINANCE OF THE CITY OF BEVERLY HILLS TO
AMEND THE BEVERLY HILLS MUNICIPAL CODE:

CLARIFYING, ADDING, OR CORRECTING LANGUAGE
RELATED TO ANCILLARY LIVING QUARTERS;

ARCHITECTURAL AND DESIGN REVIEW APPLICABILITY
AND COMMISSIONER REQUIREMENT; DEVELOPMENT
PLAN REVIEW REQUIRED; DEMOLITION PERMIT FOR
RESIDENTIAL PROJECTS; ACCESSORY DWELLING UNIT
WINDOWS; NEW CODE GRAPHIC ILLUSTRATING
EXISTING STANDARDS FOR FLOOR AREA EXCEPTION;

AND FINDING THE ORDINANCE TO BE EXEMPT UNDER

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

2. Zone Text Amendment Findings

3. Overview of Proposed Code Changes

4. Redline of Existing Code Sections

5. Applicable General Plan Goals and Policies

6. Planning Commission Resolution No. 2114

7. Architectural and Design Review Commission Staff
Report – 12/17/2025
_________________________________________________________________________________________________________

RECOMMENDATION
Staff recommends the City Council:
1) Waive the full reading of and introduce by title only an ordinance entitled: AN

ORDINANCE OF THE CITY OF BEVERLY HILLS TO AMEND THE BEVERLY Meeting Date: May 5, 2026

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HILLS MUNICIPAL CODE: CLARIFYING, ADDING, OR CORRECTING LANGUAGE RELATED TO ANCILLARY LIVING QUARTERS; ARCHITECTURAL AND DESIGN REVIEW APPLICABILITY; DEVELOPMENT PLAN REVIEW REQUIRED; DEMOLITION PERMIT FOR RESIDENTIAL PROJECTS;
ACCESSORY DEWELLING UNIT WINDOWS; AND A NEW CODE GRAPHIC

ILLUSTRATING EXISTING STANDARDS FOR FLOOR AREA EXCEPTION AND

FINDING THE ORDINANCE TO BE EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (Attachment 1); and

INTRODUCTION
This report provides information regarding a draft ordinance to adopt zone text amendments to clarify, add, or correct language regarding various topics in Chapter 10 [Planning and Zoning] of the Beverly Hills Municipal Code (BHMC). The zone text amendments are intended to improve clarity of the BHMC and to align them with state law.

The recommended amendments do not consist of substantive changes to the code.

DISCUSSION
Periodically, Community Development staff identifies sections of the BHMC that would benefit from minor language changes to fix typos, correct errors and inconsistencies, and clarify the intent of code sections. Over the past several months, staff has compiled a series of code topics that require “cleanup” language or modifications to ensure that they are applied and/or interpreted correctly. The subject sections include modifications related to the following topics: ancillary living quarters, architectural and design review applicability and commissioner requirements, Development Plan Review requirements, demolition permits for residential projects, accessory dwelling units, and floor area exception for residential zones.

Architectural and Design Review Commission (ADC) Review December 17, 2025 ADC Discussion
The ADC held a study session to discuss the potential change to the Commissioner requirements for the ADC. Currently, the BHMC requires that the ADC consist of five members, with at least one being a landscape architect licensed in the State of California.

Additionally, the City Council Policy Manual requires that at least three qualifying candidates must apply for the recruitment to close and to proceed with candidate interviews and selection. After receiving a staff report outlining the challenges of filling this position (Attachment 7), which is currently vacant, the ADC discussed the importance of this role for the duties of the ADC and the urgency of filling this position. The ADC came to a consensus that both the requirement for a minimum number of qualifying candidates and the required credentials for this position should be relaxed. The relaxation of these requirements would allow the candidate interview and selection process to be conducted with fewer than three qualifying applicants and to broaden the scope of landscape professionals who may serve in this role.

Planning Commission Review
January 22, 2026 Planning Commission Discussion
The Planning Commission discussed the amendments at their regular meeting on January 22, 2026. The Commission expressed support for the amendments, and did not provide substantive comments. The Commission unanimously voted to recommend to the City Council the adoption of the zone text amendments. Rebecca Pynoos, Chair of the ADC, was present at the meeting and provided a comment in support of the proposed change Meeting Date: May 5, 2026

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to broaden the qualifying criteria for an ADC Commissioner to a landscape professional, given the difficulty and delays experienced in attempting to fill the role under the current requirement for a licensed landscape architect.

One change made to the draft ordinance since the Planning Commission review is the numbering convention for the BHMC §10-3-4201 [Restrictions on Demolition and Removal of Buildings] for greater consistency with the rest of the chapter, along with the addition of a provision delegating to the Director of Community Development the authority to adopt administrative regulations, policies and procedures to clarify or supplement the application and implementation of the requirements of Government Code sections 66300.5 through 66300.6.5, as may be amended from time to time. The contents of the proposed amendments in this section have not substantially changed.

The following section of the report discusses each of the proposed code changes and explains the justification for the proposed change. A table summarizing all the proposed changes is included as Attachment 3. A redline of the code language showing all of the proposed changes is included as Attachment 4.

Ancillary Living Quarters – Define and acknowledge ancillary living quarters as a permitted use in all R-1 zones.

Background: Many single-family residences in the city include living quarters for housekeeping staff within the dwelling, effectively providing additional housing units. The City has been counting such units towards the Regional Housing Needs Allocation (RHNA) progress. However, the BHMC currently does not acknowledge these as an allowable use, making it more difficult to track them.

Proposed Change and Justification: The amendments create a definition for ancillary living quarters and explicitly list them as an allowable use in all single-family residential zones. This change would allow the City to keep track of them in the City’s permit system, facilitating the housing count process for compliance with the adopted 2021-2029 Housing Element and RHNA. This item is also a Housing Element action item (Implementation Program 11.1).

Architectural and Design Review – Restore the original intent for the design review process. Replace the requirement for a licensed landscape architect for the ADC with a landscape professional.

Background: When the Architectural Commission and Design Review Commission were merged in 2024, the provisions of Article 44 [R-1 Design Review] were merged into Article 30 [Architectural and Design Review Commission, Architectural Review, Design Review, and Procedure]. This created unintended inconsistencies regarding the applicability of design review to ancillary improvements in the Central R-1 zones. Separately, the City has experienced difficulties filling the position for a California-licensed landscape architect for the ADC. There has been generally a low level of interest from licensed landscape architects to apply for this position despite extensive advertisements and outreach efforts.

Additionally, when the City received applications from licensed landscape architects, the City Council Policy Manual requirement for a minimum of three qualified candidates to close the recruitment process prevented candidate interviews and selection. The City’s recruitment efforts and challenges are outlined in Attachment 7. Many landscape design Meeting Date: May 5, 2026

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professionals that practice prolifically in the southern California region do not possess a California landscape architect license.

Proposed Change and Justification: The proposed amendments separate the criteria for architectural review and design review to clarify the requirements for each type of review.

This would make clear that ancillary features on single family residential properties, such as front yard walls and paving, that are proposed on their own (i.e., not associated to a larger project) are not subject to design review. Replacing the licensed landscape architect requirement for the ADC with a landscape professional would help fill the position with a professional who may not possess a landscape architect license but is otherwise qualified to serve an essential role in the ADC.

Development Plan Review (DPR) Required – Simplify introduction paragraph for clarity and add a new subsection I to add a catch-all phrase for projects requiring a DPR.

Background: In 2025, the City Council adopted Ordinance No. 25-O-2910 to amend the BHMC to allow properties within the Business Triangle to exceed the otherwise allowable maximum floor area for the purpose of converting the ground level of an existing parking structure abutting a public street to retail space, subject to approval of a DPR. However, the DPR section was not updated to include such amendment in the list of projects that require this type of permit.

Proposed Change and Justification: The amendments would add a new subsection I to BHMC §10-3-3100 [Development Plan Review Required] to provide a general provision to capture any project that otherwise requires a DPR per the BHMC. Additionally, the introduction paragraph is simplified to omit redundance and improve clarity.

Demolition Permits – Restrict issuance of demolition permits for housing units to instances where the building permit for a replacement project is issued concurrently with the demolition permit.

Background: The Housing Crisis Act of 2019 (Senate Bill 330), as amended by Senate Bill 8 (California Government Code Section 66300 et seq.), prohibits demolition of housing units without a new project to replace them. The BHMC currently allows demolition of housing units when replacement units have not yet been proposed or approved, conflicting with state law.

Proposed Change and Justification: The amendments would clarify that a demolition permit cannot be issued for a building where one or more housing units will be demolished unless it is issued in conjunction with a building permit for a new building that includes replacement units for all units to be demolished. Requirements would remain unchanged for demolition permits for buildings that do not include housing units. As noted above, staff recommends inclusion of a provision delegating to the Director of Community Development the authority to adopt administrative regulations, policies and procedures to clarify or supplement the application and implementation of the requirements of Government Code sections 66300.5 through 66300.6.5, as may be amended from time to time.

Accessory Dwelling Unit Windows – Clarify that the 6-foot minimum height requirement for windows in accessory dwelling units (ADUs) applies to windows on any floor within the Meeting Date: May 5, 2026

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ADU that face the side or rear property line and that such height is to be measured from the finished floor to the bottom of the sill.

Background: In 2024, the City Council adopted Ordinance No. 24-O-2892 to amend the regulations for ADUs. The ordinance included a requirement that windows along the side and rear yards be installed at a minimum height of 6 feet to address concerns regarding privacy. However, the adopted language implied that this requirement only applies to windows on the ground level. Additionally, there is ambiguity in the code as to whether this requirement is applicable to windows that do not face the neighboring property, whether it is applicable to windows in the same structure that are not part of the ADU (e.g., garage or storage), and how the window height is to be measured.

Proposed Change and Justification: The amendments would clarify that the window height requirement is applicable to windows on all floors, as measured from the finished floor to the bottom of the sill, but only to those windows that are within the ADU, face the adjacent property, and are within 10 feet of the side or rear property lines.

New Code Graphic – Add a diagram for floor area exception provision in the R-1 zones.

Background: At the Permit Center, Planning staff frequently create ad-hoc sketches to clarify code requirements to the public.

Proposed Changes and Justification: Staff identified the floor area exception provision for subterranean garages in the R-1 zone as a section that would benefit from having a standardized graphic. The new code graphic is designed to simplify the explanation process for staff and improve clarity of the regulation.

Meeting Date: May 5, 2026

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Proposed Figure 1 for BHMC 10-3-100

GENERAL PLAN CONSISTENCY
The General Plan contains various goals and policies intended to help guide development in the City. Some of the policies relevant to the City Council’s review of the draft ordinance are included as Attachment 4.

PUBLIC OUTREACH AND NOTIFICATION
The notice for this project was provided 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.

Meeting Date: May 5, 2026

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ENVIRONMENTAL REVIEW
Staff recommends that the City Council find the ordinance exempt from environmental review under the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15061(b)(3) because CEQA only applies to projects that have the potential for causing a significant effect on the environment. Additionally, the amendments are exempt pursuant to CEQA Guidelines Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment). The project involves minor semantic changes to the municipal code and does not represent substantive changes in meaning or interpretation of the code. As such, there is no possibility that the amendments would result in a significant effect on the environment because the modifications do not enable any physical changes to the environment, directly or indirectly.

FISCAL IMPACT
No fiscal impact is anticipated as a result of approval of the zone text amendments. Staff will continue to review and process projects through existing processes.

Michael Forbes, AICP
Director of Community Development
Approved By
Attachment 1
Draft Ordinance
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ORDINANCE NO. 26-O-_______

AN ORDINANCE OF THE CITY OF BEVERLY HILLS TO
AMEND THE BEVERLY HILLS MUNICIPAL CODE:

CLARIFYING, ADDING, OR CORRECTING LANGUAGE
RELATED TO ANCILLARY LIVING QUARTERS;

AND FINDING THE ORDINANCE TO BE EXEMPT UNDER

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA)
WHEREAS, the City of Beverly Hills (“City”) desires to adopt an ordinance amending certain definitions, provisions, and regulations in the Beverly Hills Municipal Code (“BHMC”) in order to improve clarity, eliminate ambiguities and inconsistencies, and to address certain changes in state law;
WHEREAS, on January 22, 2026, the Planning Commission held a duly noticed public hearing at which it adopted Resolution No. 2114 recommending that the City Council amend portions of Title 10 (Planning and Zoning) of the BHMC to add or clarify language to provide streamlined application of code provisions, and to align code language with current practices and state law requirements (collectively, the “Amendments”); and WHEREAS, the City Council, at a regular meeting, considered the Ordinance on May 5, 2026, at a duly noticed public hearing, as prescribed by law, at which time City staff and interested persons had an opportunity to and did testify either in support or against this matter. Following -2-
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the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council.

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

Section 1. The City Council finds that the adoption of this Ordinance is consistent with the General Plan because it fulfills the following General Plan Goals, Policies, and Implementation Programs:

Land Use Element (LU)
Policy LU 2.5 (Design Review) calls for a design review process that aims to achieve highquality design of construction and renovation projects. Amending the zoning code texts for architectural and design review to restore the original intent of the process will help facilitate the design review process efficiently. Additionally, allowing for a landscape professional to fill a position of the Architectural and Design Review Commission (ADC) rather than limiting it to a California-licensed landscape architect will allow a professional who may not possess a California license but is otherwise well-qualified to fill an important position of the ADC.

Goal LU 3 (Managed Change) calls for orderly and well-planned change to the community that provides for the needs of existing and future residents and business, effective and equitable provision of public services, and makes efficient use of land and infrastructure.

Amending the zoning code to clarify language and align it with current practices will contribute to creating orderly change to the community by providing clear rules to regulate -3-
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land use. Additionally, periodic modifications to the code will contribute to the provision of effective public services in that accurate and understandable land use rules will be available for the use in the community.

Policy LU 3.1 (Conservation) calls for the conservation of existing residential neighborhoods. The amendments to restrict issuance of demolition permits for housing units to instances where replacement housing projects are in active review or approved would help preserve the city’s residential properties for residential use, as well as ensure that the city complies with Senate Bill 8 (Housing Crisis Act of 2019).

Policy LU 3.2 (Fair Share of Regional Housing Needs) urges to meet state requirements to accommodate the City’s fair share of regional housing needs, contingent upon the ability to maintain the qualities that distinguish and contribute to the livability of the city and not unduly burden the City’s fiscal resources. Formally allowing ancillary living quarters, which are an important part of the city’s housing stock, will help facilitate the permitting process for this type of housing and accurately account for these units in the City’s Regional Housing Needs Allocation (RHNA) progress.

Policy LU 5.7 (Neighborhood Transitions) emphasizes the importance of regulating the setback and rear elevation design of buildings where neighborhoods of differing housing type and density abut to assure smooth transitions in scale, form and character. Amending the zoning code texts for accessory dwelling unit windows to clarify the height requirement on all floors facing side and rear yards will help enhance privacy of adjacent neighbors.

Goal LU 6 (Single-Family Residential Neighborhoods) celebrates residential neighborhoods that are well-designed and maintain the character and quality of the city. -4-
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New graphics to illustrate floor area exception for driveways leading to subterranean garages will help members of the public understand municipal regulations and further advance designs that uphold the city’s character and quality.

Policy LU 16.11 (Community Engagement) encourages engaging all segments of the community in planning decisions. It calls for the maintenance and enhancement of the public involvement process to assure transparency and enable the public to be wellinformed. Amending the code periodically to address inconsistencies and to align the code with current City practice ensures that the code is legible and accurate, which enhances the ability of the public to understand regulations that govern development projects.

Housing Element (HE)
Implementation Program (Imp.) 11.1 (Affirmatively Furthering Fair Housing – Housing Mobility Choices) calls for adoption of an ordinance by end of 2026 to define and explicitly permit new and/or existing ancillary living quarters.

Section 2. A new definition of “Ancillary Living Quarters” is hereby added to Section 10-3-100 (Words Defined) in Article 1 (Definitions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC between the terms “AMBULATORY SURGICAL CARE” and “ARCHITECTURAL PROJECTIONS” to read as follows:
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“ANCILLARY LIVING QUARTERS: Residential units providing access to kitchen facilities that at minimum meet the definition for an efficiency kitchen per California Government Code Section 66333 or its successor statute and to a bathroom and are contained entirely within an existing or proposed single-family dwelling.” Section 3. The single-family zoning district table in paragraph A. of Section 10-3- 302 (Permitted And Conditionally Permitted Uses For Residential Zoning Districts And Zoning District Overlays) of Article 3 (Establishment of Zones; Permitted and Conditionally Permitted Uses) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to remove the legend stating “Use Permits = UP” in the table header row, as there are no other references to them in this table, and include a new row between the rows for “Accessory dwelling units and junior accessory dwelling units (subject to article 50 of this chapter)” and “Single-family dwelling” as follows, with all other provisions in Section 10-3-302, including all other rows in its table, remaining in place without amendment:
“
P = Permitted use CUP = Conditional use permit
R-1 R1.XR1.5R1.5XR1.5X
2 R1.6XR1.7XR1.8X
Accessory dwelling units and junior
accessory dwelling units (subject to
article 50 of this chapter)

P P P P P P P P
Ancillary Living Quarters P P P P P P P P
Single-family dwelling P P P P P P P P
Transitional and supportive
housing 1:

Single-family
structure

P P P P P P P P
Family daycare homes, licensed
pursuant to state law

P P P P P P P P
Community care facility2(state
licensed):
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Small (serving 6
or fewer)

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

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

P P P P P P P

Notes:

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

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

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

4. Public educational institutions only.”
Section 4. Section 10-3-401 (Uses and Buildings Permitted) of Article 4 (One-Family Residential Zone (R-1)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-401: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1 shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, ancillary living -7-
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quarters, family daycare homes licensed pursuant to state law, small or large residential community care facility operating in compliance with section 10-3-2778 of this chapter, or transitional or supportive housing.”
Section 5. Section 10-3-501 (Uses and Buildings Permitted) of Article 5 (One-Family Residential Zone (R-1.X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-501: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, ancillary living quarters, family daycare home licensed pursuant to state law, small or large residential community care facility operating in compliance with section 10-3-2778 of this chapter, or transitional or supportive housing structured as a single-family residence.”
Section 6. Section 10-3-601 (Uses and Buildings Permitted) of Article 6 (One-Family Residential Zone (R-1.5)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-601: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.5 shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, ancillary living quarters, family daycare home licensed pursuant to state law, small -8-
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or large residential community care facility operating in compliance with section 10-3-2778 of this chapter, or transitional or supportive housing structured as a single-family residence.”
Section 7. Section 10-3-701 (Uses and Buildings Permitted) of Article 7 (One-Family Residential Zone (R-1.5X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-701: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.5X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, ancillary living quarters, family daycare home licensed pursuant to state law, small or large residential community care facility operating in compliance with section 10-3-2778 of this chapter, or transitional or supportive housing structured as a single-family residence.” Section 8. Section 10-3-801 (Uses and Buildings Permitted) of Article 8 (One-Family Residential Zone (R-1.5X2)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-801: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.5X2 shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, ancillary living quarters, family daycare home licensed pursuant to state law, small or large residential -9-
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community care facility operating in compliance with section 10-3-2778 of this chapter, or transitional or supportive housing structured as a single-family residence.” Section 9. Section 10-3-901 (Uses and Buildings Permitted) of Article 9 (One-Family Residential Zone (R-1.6X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning of the BHMC is hereby amended to read as follows:
“10-3-901: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.6X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, ancillary living quarters, family daycare home licensed pursuant to state law, small or large residential community care facility operating in compliance with section 10-3-2778 of this chapter, or transitional or supportive housing structured as a single-family residence.” Section 10. Section 10-3-1001 (Uses and Buildings Permitted) of Article 10 (OneFamily Residential Zone (R-1.7X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read:
“10-3-1001: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.7X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, ancillary living quarters, family daycare home licensed pursuant to state law, small or large residential community care facility operating in compliance with section 10-3-2778 of this chapter, or transitional or supportive housing structured as a single-family residence.” -10-
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Section 11. Section 10-3-1101 (Uses and Buildings Permitted) of Article 11 (OneFamily Residential Zone (R-1.8X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-1101: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.8X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, ancillary living quarters, family daycare home licensed pursuant to state law, small or large residential community care facility operating in compliance with section 10-3-2778 of this chapter,, or transitional or supportive housing structured as a single-family residence.” Section 12. Section 10-3-3002 (Architectural and Design Review Commission) of Article 30 (Architectural and Design Review Commission, Architectural Review, Design Review, and Procedure) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-3002: ARCHITECTURAL AND DESIGN REVIEW COMMISSION:

An Architectural and Design Review Commission is hereby established which shall consist of five (5) members who shall be residents of the City. At least one member shall be a licensed architect in the State of California and at least one other member shall be a landscape professional. In the event no person eligible for appointment from a designated field is a resident of the City, the Council may waive the residency requirement; provided, however, there shall be no more than two (2) nonresident members of the Architectural and Design Review Commission.”
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Section 13. Subsection 10-3-3007.A.1 of Section 10-3-3007 (Architectural and Design Review Required) of Article 30 (Architectural and Design Review Commission, Architectural Review, Design Review, and Procedure) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows, with all other provisions and subsections of Section 10-3-3007 remaining in place without amendment:
“A. 1. Architectural Review Approval: No building, structure, sign, wall, fence, or landscaping for a commercial or multi-family residential use 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.” Section 14. Subsections 10-3-3007 I. of Section 10-3-3007 (Architectural and Design Review Required) of Article 30 (Architectural and Design Review Commission, Architectural Review, Design Review, and Procedure) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC are hereby amended to read as follows, with all other provisions and subsections of Section 10-3-3007 remaining in place without amendment:
“I. Design Review Tracks and Approval: No single-family residence located in a Central R-1 zone shall be erected, constructed, altered or remodeled unless the elevations and plans for the exterior portions and areas visible from the street have been first reviewed and approved by the Director or the Architectural and Design Review Commission, as appropriate, in accordance with the provisions of this article. The R-1 design review required by this article shall fall into the following two (2) tracks:
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The materials and elements listed as associated with a particular style may be substituted for equivalent or like materials, equal in quality and appearance as those outlined in the style catalogue, so long as they do not detract from the architectural style to be represented. The style catalogue may be amended from time to time by resolution of the Council and will be maintained by the Director. Track 1 reviews will be limited to a determination of consistency with the approved style catalogue. If the required review determines that the proposed development adheres to a defined architectural style and meets all of the applicable development standards set forth in this chapter, the development may be granted a building permit without further design review.

2. Track 2; All Other R-1 Review: All other single-family residential development that is subject to the provisions of this article and that does not meet the criteria for a Track 1 review must submit to a full R-1 design review in accordance with the provisions of this article.”
Section 15. Section 10-3-3100 (Development Plan Review Required) of Article 31 (Development Plan Review) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
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“Notwithstanding any other provision of this Code or ordinance of the City of Beverly Hills, the following shall not be established unless a development plan review is approved pursuant to the provisions of this article unless exempted pursuant to section 10-3-3101 of this article:

A.   All uses involving new construction that requires the issuance of a building permit other than new construction subject to a discretionary permit under this chapter (excluding architectural review) or any other interim zoning ordinance of the City.

B.   All rooftop gymnasiums and lunchrooms permitted pursuant to section 10-3-3107 of this article.

C.   All projects constructed pursuant to a density bonus permit.

D.   All new parking lots.

A new parking lot shall mean a parking lot established in a location not previously used for parking purposes.

E.   Conversion of parking to a commercial parking lot.

Parking shall be considered to be converted to a commercial parking lot upon the initial posting of signs advertising the availability of such parking to the general public.

Nothing in this subsection shall require development plan review of an existing parking lot that currently contains signage advertising the availability of parking to the general public.

Signage indicating the availability of parking for patrons or employees of a commercial establishment shall not be considered to be signage advertising the availability of parking to the general public.
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F.   All common interest development projects, as defined in chapter 2, article 7 of this title.

G.   All projects which would increase the floor area of a structure or building by two thousand five hundred (2,500) square feet or more.

H. All projects that would increase the height of a structure or building more than twentyfour (24) inches, but not exceeding the maximum height limit otherwise applicable to the zone nor resulting in an additional story, unless the addition or alteration is specified in this chapter as an element not considered when determining building height.

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).

J. As otherwise required by this chapter.”
Section 16. Subsection 10-3-4201.A. of Section 10-3-4201 (Restrictions on Demolition and Removal of Buildings) of Article 42 (Demolition of Structures) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows, with all other provisions and subsections of Section 10-3-4201 remaining in place without amendment:
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“A. Except as provided in section 10-3-4202 of this article, no permit shall be issued to allow the demolition of a building, or any portion of a building, or the removal of a building or any portion of a building from a site, unless:

1. For demolition that does not involve demolition or removal of a housing unit(s):
a. A building permit to authorize construction of a replacement building or to restore a partially demolished building to a habitable condition is issued concurrently with the demolition permit;
b. Architectural and design review commission approval has been granted for an alternative use of the property that does not require a building permit; or c. A landscaping, fencing and maintenance plan, other than a plan requiring architectural and design review commission approval, in a form acceptable to the director of building and safety has been submitted in accordance with the requirements of this section.

2. For demolition or removal of one or more housing unit(s):
a. The building permit for a replacement housing project is issued concurrently with the demolition permit.
b. For the purposes of this section, a replacement housing project shall mean a development project that meets the requirements of Government Code sections 66300.5 through 66300.6.5 as may be amended from time to time.
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c. The director of community development is authorized to adopt administrative regulations, policies and procedures to clarify or supplement the application and implementation of the requirements of Government Code sections 66300.5 through 66300.6.5, as may be amended from time to time.”
Section 17. Subsection 10-3-5000.A.21 of Section 10-3-5000 (Building Permit Only Accessory Dwelling Units and Junior Accessory Dwelling Units On Lots With Single Family Dwellings) of Article 50 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended as follows, with all other provisions and subsections of Section 10-3-5000 remaining in place without amendment:
“21. Windows: Windows within 10 feet of and facing a side or rear property line and within the accessory dwelling unit shall be at located at least six feet above finished floor as measured from the finished floor to the bottom of the window sill, or shall be awning style windows with the ability to open a maximum of six inches (6") and shall be fitted with translucent glass.”
Section 18. Section 10-3-100 (Words Defined) of Article 1 (Definitions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC are hereby amended to include a new Figure 1 under subsection B.1 in the definition of “FLOOR AREA,” with all other provisions of Section 10-3-100 remaining in place without amendment:
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“
Figure 1.

Floor Area Exception for Driveways leading to a Subterranean Garage ”
Section 19. CEQA Determination. The Amendments have been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public -18-
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Resources Code Sections 21000, et seq. (“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.), and the City’s Local CEQA Guidelines (hereafter the “Guidelines”). The City Council finds that the introduction and adoption of the Amendments are exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines, which applies the 'general rule' that CEQA does not extend to projects with no significant environmental effect.

The Amendments are also exempt under Section 15060(c)(2) of the CEQA Guidelines because no direct or reasonably foreseeable indirect physical environmental changes are expected. The project involves amending the existing zoning code with minor semantic changes and updates for consistency with state law. As such, there is no possibility that the Amendments would result in a significant effect on the environment because the modifications do not enable any physical changes to the environment, directly or indirectly.

Section 20. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this Ordinance shall be and remain in full force and effect.

Section 21. 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. //
//
//
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Section 22. 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:
____________________________
CRAIG A. CORMAN
Mayor of the City of Beverly Hills,
California
ATTEST:
_________________________ (SEAL)

HUMA AHMED
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
___________________________ _____________________________ LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager
Attachment 2
Zone Text Amendment Findings
City Council Report
2026 Zoning Code Clean Up Ordinance
May 5, 2026

ZONE TEXT AMENDMENT FINDINGS
In considering the application for a Zone Text Amendment, the City Council shall consider whether the Zone Text Amendment will result in a benefit to the public interest, health, safety, morals, peace, comfort, convenience, or general welfare.

Attachment 3
Overview of Proposed Code
Changes
City Council Report
2026 Zoning Code Clean Up Ordinance
May 5, 2026

Page 1 of 2 ends

Overview of 2026 Code Clean Up
Topic Summary of Change Justification Amended BHMC Section(s) Ancillary Living
Quarters
(All R-1 Zones)
Define and acknowledge ancillary living
quarters as a permitted use in all R-1
zones.

Define a housing use that is already
prevalent and allowed within the City
and account for them in the City's
permit system to facilitate tracking for
Regional Housing Needs Allocation
(RHNA) progress and Annual Progress
Reports submitted to the state.

Housing Element Implementation
Program 11.1.
• §10-3-100 [Words Defined]
• §10-3-302 [Permitted and
Conditionally Permitted
Uses for Residential
Zoning Districts and Zoning
District Overlays]
• §10-3-401, -501, -601, -
701, -801, -901, -1001, -
1101 [Uses and Buildings
Permitted]
Architectural and
Design Review
Applicability and
Commissioner
Requirement
(Central R-1 Zone)
Restore the zoning text regarding the
applicability of architectural and design
review to the original text prior to the
merging of the architectural and design
review commission (ADC) to return to
the original intent for the review
process.

Replace the requirement for a licensed
landscape architect for the ADC with a
landscape professional.

Restore standards that were
unintentionally altered when the
design review standards were merged
with the architectural review standards.

Many landscape professionals do not
possess a California landscape
architect license but may otherwise be
qualified to serve as a commissioner
on the ADC.
• §10-3-3002 [Architectural
and Design Review
Commission]
• §10-3-3007 [Design
Review Required]
Development Plan
Review (DPR)
Required
Simplify the wording of the introduction
paragraph.

Add a catch-all phrase that states that
DPR is required whenever the BHMC
requires it, even if not specifically called
out in this subsection.

Clarify entitlement requirements. • §10-3-3100 [Developed Plan Review Required]
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May 5, 2026

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Overview of 2026 Code Clean Up
Topic Summary of Change Justification Amended BHMC Section(s) Demolition Permit
for Residential
Projects
Restrict issuance of demolition permits
for housing units to instances where the
building permit for a replacement
project is issued concurrently with the
demolition permit.

Align with Senate Bill 8 (California
Government Code Section 66300 et
seq.), which prohibits the approval of
demolition permits of housing units
unless there is a project to replace the
demolished housing units.
• §10-3-4201 [Restrictions
on Demolition and
Removal of Buildings]
Accessory
Dwelling Unit
(ADU) Windows
Clarify that the minimum height
requirement for windows applies to
windows within ADUs that face and are
within 10 feet of the side or rear
property line and located on any floor,
not just the ground floor and within an
ADU. Clarify that the height of the
window is to be measured from the
finished floor to the bottom of the sill.

The original intent for this provision
was to protect privacy of adjacent
neighbors, due to resident concerns
about ADU windows looking into
adjacent properties; the provision
should be applicable to not only
ground floor windows, but second floor
windows as well.
• §10-3-5000 A.21 [Building
Permit Only Accessory
Dwelling Units and Junior
Accessory Dwelling Units
on Lots with Single Family
Dwellings; Building Permit
Only Standards; Windows]
New Code Graphic Provide a diagram for the driveway
configuration for subterranean garages
in the R1 zone for floor area exception.

Enhance usability and understanding
of zoning code regulations.
• §10-3-100 [Words Defined
(Floor Area)]
Attachment 4
Redline of Existing Code Sections
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Page 1 of 9 ends

REDLINE OF CODE CHANGES
Legend:

Red strikethrough: Deleted text
Blue underline: New text
10-3-100: WORDS DEFINED:

ANCILLARY LIVING QUARTERS: Residential units providing access to kitchen facilities that at minimum meet the definition for an efficiency kitchen per California Government Code Section 66333 or its successor statute and a bathroom and are contained entirely within an existing or proposed single family dwelling.

FLOOR AREA:

A. Nonresidential And Multi-Family Residential Zones: "Floor area" shall mean the area of all floors or levels included within the surrounding walls of a building or structure.

Space devoted only to the following shall not be considered in determining the total floor area within a building or structure:

1. Stair shafts;

2. Elevator and escalator shafts and elevator lobbies located in parking areas or on rooftops. The area of each elevator lobby at each floor not located in parking areas or on rooftops shall not exceed one hundred (100) square feet per elevator cab; provided, however, that any elevator lobby area in excess of one hundred (100) square feet per elevator cab shall be considered in determining the total floor area within a building or structure;

3. Courts;

4. Parking spaces below the first floor and access thereto, including void spaces in parking areas below the first floor used exclusively for storage related to operation of the building, including for use by tenants of the building, however, such storage areas that are available for separate rental or use by a third party that is not an occupant of the building shall be included in determining the total floor area within a building or structure. Such void spaces may be enclosed, and shall be exempted for the first two thousand (2,000) square feet on each parking floor or the first five percent (5%) of the floor area of the entire building, whichever is less. After the lesser of either the first two thousand (2,000) square feet on each parking floor or the first five percent (5%) of the floor area of the entire building is exempted, any remaining storage floor area shall be considered in determining the total floor area within a building or structure;

5. Rooms exclusively housing building operating equipment or machinery;

6. Parking spaces at or above the first story and access thereto provided that in commercial zones:
a. Not less than the front forty feet (40') of the ground floor shall be devoted to retail sales, offices, or financial uses; notwithstanding such restriction, the Director of Planning and Community Development may reduce the amount of floor area required under this provision by up to ten percent (10%) pursuant to the provisions of article 36 City Council Report
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of this chapter regarding minor accommodations if the Director finds that the dimensions of the site do not provide adequate space for internal circulation for parking and such accommodation would not substantially compromise pedestrian activity in the area; and b. At least one full level of parking below grade is provided; or c. Parking is provided in an enclosed alternative parking facility as permitted by section 10-3-2730.4;

7. Mall areas; and

8. Space used or provided within a building or structure for publicly owned off street parking facilities.

B. Single-family residential zone: "Floor area" shall mean the area of all portions of floors and levels which have a roof or floor level above and are enclosed by exterior walls by more than fifty percent (50%). Further, "floor area" shall include the area of that portion of an upper level not separated from a lower level by a floor/ceiling assembly, but shall not include basements, crawl spaces, up to four hundred (400) square feet of garage area, and the space created below a deck located at the finished first floor level of a residence that extends over a driveway that leads to subterranean parking.

For the purposes of determining floor area in a single-family residential zone, "basement" shall mean any floor level directly below a story or portion thereof, which has a finished floor level that is a maximum of three feet (3') above finished grade at any cross-section cut through the building. Furthermore, a level shall be either entirely basement or entirely floor area, and partial basements shall not be permitted.

Exceptions:

1. Driveways: If a driveway not exceeding sixteen feet (16') in width is located within five feet (5') of a perimeter wall of a building, and the driveway leads to a subterranean garage, then the finished grade, for that portion of the building located adjacent to the driveway, shall be assumed to be at an elevation that is equal to the grade on the opposite side of the retaining wall required to construct such driveway.

See Figure 1.

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Figure 1.

Floor Area Exception for Driveways leading to a Subterranean Garage City Council Report
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May 5, 2026

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10-3-302: PERMITTED AND CONDITIONALLY PERMITTED USES FOR RESIDENTIAL ZONING DISTRICTS AND ZONING DISTRICT OVERLAYS:

ALLOWED USES AND PERMIT REQUIREMENTS FOR SINGLE-FAMILY

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

P P P P P P P P
Ancillary Living Quarters P P P P P P P P
Single-family dwelling P P P P P P P P
Transitional and
supportive housing 1:

Single-family
structure

P P P P P P P P
Family daycare homes,
licensed pursuant to
state law

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

Small
(serving 6 or
fewer)

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

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

P P P P P P P
Notes:

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

Community residential care facilities shall comply with the requirements in section 10-3- 2778 of this chapter.

4. Public educational institutions only.
10-3-401: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, ancillary living quarters, family daycare homes licensed pursuant to state law, small or large residential community care facility operating in compliance with section 10-3-2778 of this chapter, or transitional or supportive housing structured as a single-family residence. 10-3-601: USES AND BUILDINGS PERMITTED:

Page 6 of 9 ends

quarters, family daycare home licensed pursuant to state law, small or large residential community care facility operating in compliance with section 10-3-2778 of this chapter, or transitional or supportive housing structured as a single-family residence. 10-3-701: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.6X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, ancillary living quarters, family daycare home licensed pursuant to state law, small or large residential community residential care facility operating in compliance with section 10-3-2778 of this chapter, or transitional or supportive housing structured as a single-family residence.
10-3-1001: USES AND BUILDINGS PERMITTED:

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10-3-3002: ARCHITECTURAL AND DESIGN REVIEW COMMISSION:

A. 1. Architectural Review 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, for a commercial or multi-family residential use 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.

2. Exception: Notwithstanding the provisions of subsection A1 of this section, temporary seasonal decorations may be displayed on private property, without architectural review, during the period between November 15 of each year and January 10 of the following year.

I. Design Review Tracks and Approval: No single-family residence located in a Central R-1 zone shall be erected, constructed, altered or remodeled unless the elevations and plans for the exterior portions and areas visible from the street have been first reviewed and approved by the Director or the Architectural and Design Review Commission, as appropriate, in accordance with the provisions of this article.

The R-1 design review required by this article shall fall into the following two (2) tracks:
10-3-3100: DEVELOPMENT PLAN REVIEW REQUIRED:

Notwithstanding any other provision of this Code or ordinance of the City of Beverly Hills, the following shall not be permitted to be established unless a development plan review is approved pursuant to the provisions of this article establishing a development plan review procedure unless exempted pursuant to section 10-3-3101 of this article:

A. All uses involving new construction that requires the issuance of a building permit other than new construction subject to a discretionary permit under this chapter (excluding architectural review) or any other interim zoning ordinance of the City.

B. All rooftop gymnasiums and lunchrooms permitted pursuant to section 10-3- 3107 of this article.

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C. All projects constructed pursuant to a density bonus permit.

D. All new parking lots.

A new parking lot shall mean a parking lot established in a location not previously used for parking purposes.

E. Conversion of parking to a commercial parking lot.

Parking shall be considered to be converted to a commercial parking lot upon the initial posting of signs advertising the availability of such parking to the general public. Nothing in this subsection shall require development plan review of an existing parking lot that currently contains signage advertising the availability of parking to the general public.

F. All common interest development projects, as defined in chapter 2, article 7 of this title.

G. All projects which would increase the floor area of a structure or building by two thousand five hundred (2,500) square feet or more.

H. All projects that would increase the height of a structure or building more than twenty-four (24) inches, but not exceeding the maximum height limit otherwise applicable to the zone nor resulting in an additional story, unless the addition or alteration is specified in this chapter as an element not considered when determining building height.

A. Except as provided in section 10-3-4202 of this chapter article, no permit shall be issued to allow the demolition of a building, or any portion of a building, or the removal of a building or any portion of a building from a site, unless:

1. For demolition that does not involve demolition or removal of a housing unit(s):
a. A building permit is also issued at the same time to authorize construction of a replacement building or to restore a partially demolished building to a habitable condition is issued concurrently with the demolition permit; b. Architectural and design review commission approval has been granted for an alternative use of the property that does not require a building permit; or c. A landscaping, fencing and maintenance plan, other than a plan requiring architectural and design review commission approval, in a form acceptable to City Council Report
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the director of building and safety has been submitted in accordance with the requirements of this section.

JUNIOR ACCESSORY DWELLING UNITS ON LOTS WITH SINGLE FAMILY DWELLINGS:

A. Building Permit Only Standards: Notwithstanding the use regulations of this chapter, accessory dwelling units and junior accessory dwelling units shall be permitted on any lot zoned residential or mixed-use with an existing single-family dwelling unit, or in conjunction with an application for a proposed single-family structure, provided the proposed accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU) meets the following standards and requirements. Accessory dwelling units and junior accessory dwelling units that meet the standards in this section will be allowed to be constructed with a building permit only.

21. Windows: Windows within 10 feet of and facing a side or rear property line and the closest side property line within the accessory dwelling unit shall be at located at least six feet above finished grade floor as measured from finished floor to the bottom of the window sill, or shall be awning style windows with the ability to open a maximum of six inches (6") and shall be fitted with translucent glass.

Attachment 5
Applicable General Plan Goals and
Policies
City Council Report
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May 5, 2026

Page 1 of 2 ends

GENERAL PLAN POLICIES
The General Plan includes numerous goals and policies intended to help guide development in the City. Some of the policies relevant to the City Council’s review of the 2026 code cleanup include the following:

Land Use (LU) Element – Goals and Policies
• Policy LU 2.5 (Design Review) – Consider design review for new construction and renovation projects that focuses on achieving appropriate form, function, and use of materials to promote creativity, innovation, and design quality. (Imp. 2.2) • Goal LU 3 (Managed Change) - Managed Change that respects and is complementary to the qualities that distinguish the City as a community, is orderly and well-planned, provides for the needs of existing and future residents sand businesses, ensures the effective and equitable provision of public services, and makes efficient use of land and infrastructure.
• Policy LU 3.1 (Conservation) – Conserve existing residential neighborhoods, and non-residential areas where new development builds on and enhances the viability of existing business sectors that are the City’s strengths, promotes transit accessibility, is phased to coincide with infrastructure funding and construction, and designed to assure transitions and compatibility with adjoining residential neighborhoods. (Imp. 1.3, 2.1, 2.2)
• Policy LU 3.2 (Fair Share of Regional Housing Needs) – Meet State requirements to accommodate the City’s fair share of regional housing needs, contingent upon the ability to maintain the qualities that distinguish and contribute to the livability of the City and not unduly burden the City’s fiscal resources. (Imp.

1.1, 1.2, 2.1)
• Policy LU 5.7 (Neighborhood Transitions) – Regulate the setback, rear elevation design of buildings, and landscaping of backyards where neighborhoods of differing housing type and density abut to assure smooth transitions in s cale, form, and character. (Imp. 2.1, 2.2)
• Goal LU 6 (Single-Family Residential Neighborhoods) – Maintenance of the identity, scale, and character of the distinct single-family residential neighborhoods.
• Policy LU 16.11 (Community Engagement) – Strive to engage all segments of the community in planning decisions, including residents, local businesses, special interest groups, and special needs groups such as the elderly, youth, working City Council Report
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parents, and low-income residents. Maintain and enhance the City’s current public involvement processes to assure transparency and enable the public to be wellinformed. (Imp. 7.3) Implementation Program
• Imp. 11.1 (Affirmatively Furthering Fair Housing – Housing Mobility Choices) – Adopt an ordinance by end of 2026 to define and explicitly permit new and/or existing ancillary living quarters
Attachment 6
Planning Commission Resolution
No. 2114
1 RESOLUTION NO. 2114

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF BEVERLY HILLS RECOMMENDING ADOPTION OF

AN ORDINANCE TO AMEND THE BEVERLY HILLS
MUNICIPAL CODE: CLARIFYING, ADDING, OR

CORRECTING LANGUAGE RELATED TO ANCILLARY
LIVING QUARTERS; ARCHITECTURAL AND DESIGN

REVIEW APPLICABILITY AND COMMISSIONER
REQUIREMENT; DEVELOPMENT PLAN REVIEW
REQUIRED; DEMOLITION PERMIT FOR RESIDENTIAL
PROJECTS; ACCESSORY DWELLING UNIT WINDOWS;

NEW CODE GRAPHIC ILLUSTRATING EXISTING
STANDARDS FOR FLOOR AREA EXCEPTION; AND

FINDING THE ORDINANCE TO BE EXEMPT UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, the Planning Commission has considered the proposed Amendments to the City of Beverly Hills Municipal Code, as set forth and attached hereto as Exhibit A (the “Amendments”); and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on January 22, 2026, at which times it received oral and documentary evidence relative to the proposed Amendments; and
WHEREAS, the Planning Commission finds that the proposed Amendments are required because of the benefit to the public interest, health, safety, morals, peace, comfort, convenience, or general welfare, and that such Amendments are consistent with the general objectives, principles, and standards of the General Plan for the reasons set forth herein.

Docusign Envelope ID: AA85BFAE-CC15-4304-96AB-027A1EBAF072 2 NOW, THEREFORE, the Planning Commission of the City of Beverly Hills hereby finds, resolves, and determines as follows:

Section 1. The Amendments have been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq.(“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.), and the City’s Local CEQA Guidelines (hereafter the “Guidelines”). The Planning Commission finds that the introduction and adoption of the Amendments are exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines, which applies the 'general rule' that CEQA does not extend to projects with no significant environmental effect. The Amendments are also exempt under Section 15060(c)(2) of the CEQA Guidelines because no direct or reasonably foreseeable indirect physical environmental changes are expected. The project involves amending the existing zoning code with minor semantic changes and updates for consistency with state law. As such, there is no possibility that the Amendments would result in a significant effect on the environment because the modifications do not enable any physical changes to the environment, directly or indirectly.

Section 2. The Amendments are consistent with the objectives, principles, and standards of the General Plan. General Plan Policy LU 2.5 – Design Review calls for a design review process that aims to achieve high-quality design of construction and renovation projects.

Amending the zoning code texts for architectural and design review to restore the original intent of the process will help facilitate the design review process efficiently. Additionally, allowing for a landscape professional to fill a position of the Architectural and Design Review Commission (ADC) rather than limiting it to a California-licensed landscape architect will allow a professional Docusign Envelope ID: AA85BFAE-CC15-4304-96AB-027A1EBAF072 3 who may not possess a California license but is otherwise well-qualified to fill an important position of the ADC. General Plan Goal LU 3 – Managed Change calls for orderly and wellplanned change to the community that provides for the needs of existing and future residents and business, effective and equitable provision of public services, and makes efficient use of land and infrastructure. Amending the zoning code to clarify language and align it with current practices will contribute to creating orderly change to the community by providing clear rules to regulate land use. Additionally, periodic modifications to the code will contribute to the provision of effective public services in that accurate and understandable land use rules will be available for the use in the community. General Plan Policy LU 3.1 (Conservation) calls for the conservation of existing residential neighborhoods. The amendments to restrict issuance of demolition permits for housing units to instances where replacement housing projects are in active review or approved would help preserve the city’s residential properties for residential use, as well as ensure that the city complies with Senate Bill 8 (Housing Crisis Act of 2019). General Plan Policy LU 3.2 (Fair Share of Regional Housing Needs) urges to meet state requirements to accommodate the City’s fair share of regional housing needs, contingent upon the ability to maintain the qualities that distinguish and contribute to the livability of the city and not unduly burden the City’s fiscal resources. Formally allowing ancillary living quarters, which are an important part of the city’s housing stock, will help facilitate the permitting process for this type of housing and accurately account for these units in the City’s Regional Housing Needs Allocation (RHNA) progress.

General Plan Implementation Program 11.1 (Affirmatively Furthering Fair Housing – Housing Mobility Choices) calls for adoption of an ordinance by end of 2026 to define and explicitly permit new and/or existing ancillary living quarters. General Plan Policy LU 5.7 (Neighborhood Transitions) emphasizes the importance of regulating the setback and rear elevation design of Docusign Envelope ID: AA85BFAE-CC15-4304-96AB-027A1EBAF072 4 buildings where neighborhoods of differing housing type and density abut to assure smooth transitions in scale, form and character. Amending the zoning code texts for accessory dwelling unit windows to clarify the height requirement on all floors facing side and rear yards will help enhance privacy of adjacent neighbors. General Plan Goal LU 6 (Single-Family Residential Neighborhoods) celebrates residential neighborhoods that are well-designed and maintain the character and quality of the city. New graphics to illustrate floor area exception for driveways leading to subterranean garages will help members of the public understand municipal regulations and further advance designs that uphold the city’s character and quality. General Plan Policy LU

16.11 – Community Engagement encourages engaging all segments of the community in planning decisions. It calls for the maintenance and enhancement of the public involvement process to assure transparency and enable the public to be well-informed. Amending the code periodically to address inconsistencies and to align the code with current City practice ensures that the code is legible and accurate, which enhances the ability of the public to understand regulations that govern development projects. For these reasons, the public interest, health, safety, morals, peace, comfort, convenience, and general welfare of the City requires adoption of the Amendments.

Section 3. The Planning Commission does hereby recommend to the City Council the adoption of an ordinance approving and enacting the proposed Amendments substantially as set forth in Exhibit 1, which is attached hereto and incorporated herein by reference.
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Docusign Envelope ID: AA85BFAE-CC15-4304-96AB-027A1EBAF072 5 Section 4. 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: January 22, 2026

Lou Milkowski
Vice Chair of the Planning Commission of
the City of Beverly Hills
Attest:

Cindy Gordon, AICP
Secretary of the Planning Commission
Approved as to form: Approved as to content:

David M. Snow Cindy Gordon, AICP
Assistant City Attorney Assistant Director/City Planner Community Development Department
EXHIBIT A: Draft Ordinance
Docusign Envelope ID: AA85BFAE-CC15-4304-96AB-027A1EBAF072 6 EXHIBIT A
Draft Ordinance
Docusign Envelope ID: AA85BFAE-CC15-4304-96AB-027A1EBAF072 -1-
[DRAFT] ORDINANCE NO. 26-O-_______

AN ORDINANCE OF THE CITY OF BEVERLY HILLS TO
AMEND THE BEVERLY HILLS MUNICIPAL CODE:

CLARIFYING, ADDING, OR CORRECTING LANGUAGE
RELATED TO ANCILLARY LIVING QUARTERS;

ARCHITECTURAL AND DESIGN REVIEW APPLICABILITY
AND COMMISSIONER REQUIREMENT; DEVELOPMENT
PLAN REVIEW REQUIRED; DEMOLITION PERMIT
FOR RESIDENTIAL PROJECTS; ACCESSORY DWELLING
UNIT WINDOWS; NEW CODE GRAPHIC

ILLUSTRATING EXISTING STANDARDS FOR FLOOR
AREA EXCEPTION; AND FINDING THE ORDINANCE TO

BE EXEMPT UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, The City of Beverly Hills (“City”) desires to adopt an ordinance amending certain definitions, provisions, and regulations in the Beverly Hills Municipal Code (“BHMC”) in order to improve clarity, eliminate ambiguities and inconsistencies, and to address certain changes in state law;
WHEREAS, On January 22, 2026, the Planning Commission held a duly noticed public hearing at which it adopted Resolution No. 2114 recommending that the City Council amend portions of Title 10 (Planning and Zoning) of the BHMC to add or clarify language to provide streamlined application of code provisions, and to align code language with current practices and state law requirements (collectively, the “Amendments”); and WHEREAS, The City Council, at a regular meeting, considered the Ordinance on __________, 2026, at a duly noticed public hearing, as prescribed by law, at which time City staff and interested persons had an opportunity to and did testify either in support or against this matter.

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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. The City Council finds that the adoption of this Ordinance is consistent with the General Plan because it fulfills the following General Plan Goals, Policies, and Implementation Programs:

Amending the zoning code to clarify language and align it with current practices will contribute to creating orderly change to the community by providing clear rules to regulate land use. Additionally, periodic modifications to the code will contribute to the provision Docusign Envelope ID: AA85BFAE-CC15-4304-96AB-027A1EBAF072 -3-
of effective public services in that accurate and understandable land use rules will be available for the use in the community.

Goal LU 6 (Single-Family Residential Neighborhoods) celebrates residential neighborhoods that are well-designed and maintain the character and quality of the city.

New graphics to illustrate floor area exception for driveways leading to subterranean Docusign Envelope ID: AA85BFAE-CC15-4304-96AB-027A1EBAF072 -4-
garages will help members of the public understand municipal regulations and further advance designs that uphold the city’s character and quality.

Section 3. A new definition of “Ancillary Living Quarters” is hereby added to Section 10-3-100 (Words Defined) in Article 1 (Definitions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC between the terms “AMBULATORY SURGICAL CARE” and “ARCHITECTURAL PROJECTIONS” to read as follows:
“ANCILLARY LIVING QUARTERS: Residential units providing access to kitchen facilities that at minimum meet the definition for an efficiency kitchen per California Government Code Section 66333 or its successor statute and to a bathroom and are contained entirely within an existing or proposed single-family dwelling.” Docusign Envelope ID: AA85BFAE-CC15-4304-96AB-027A1EBAF072 -5-
Section 4. The single-family zoning district table in paragraph A. of Section 10-3- 302 (Permitted And Conditionally Permitted Uses For Residential Zoning Districts And Zoning District Overlays) of Article 3 (Establishment of Zones; Permitted and Conditionally Permitted Uses) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to remove the legend stating “Use Permits = UP” as there are no other references to them in this table and include a new row between the rows for “Accessory dwelling units and junior accessory dwelling units (subject to article 50 of this chapter)” and “Single-family dwelling” as follows, with all other provisions in Section 10-3-302, including all other rows in its table, remaining in place without amendment:
“
P = Permitted use CUP = Conditional use permit
R-1 R1.XR1.5R1.5XR1.5X
2 R1.6XR1.7XR1.8X
Accessory dwelling units and junior
accessory dwelling units (subject to
article 50 of this chapter)

P P P P P P P P
Ancillary Living Quarters P P P P P P P P
Single-family dwelling P P P P P P P P
Transitional and supportive
housing 1:

Single-family
structure

P P P P P P P P
Family daycare homes, licensed
pursuant to state law

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

Small (serving 6
or fewer)

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

P P P P P P P
”
Section 5. Section 10-3-401 (Uses and Buildings Permitted) of Article 4 (One-Family Residential Zone (R-1)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-401: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1 shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, ancillary living quarters, family daycare home licensed pursuant to state law, small community care facility, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "single-family residence", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-family residence. Use of a single-family residence for a single-family transient use more than twice per calendar year is prohibited.” Section 6. Section 10-3-501 (Uses and Buildings Permitted) of Article 5 (One-Family Residential Zone (R-1.X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-501: USES AND BUILDINGS PERMITTED:

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Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, ancillary living quarters, family daycare home licensed pursuant to state law, small community care facility, or transitional or supportive housing structured as a single-family residence.” Section 7. Section 10-3-601 (Uses and Buildings Permitted) of Article 6 (One-Family Residential Zone (R-1.5)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-601: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.5 shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, ancillary living quarters, family daycare home licensed pursuant to state law, small community care facility, or transitional or supportive housing structured as a single-family residence.” Section 8. Section 10-3-701 (Uses and Buildings Permitted) of Article 7 (One-Family Residential Zone (R-1.5X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-701: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.5X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, ancillary living Docusign Envelope ID: AA85BFAE-CC15-4304-96AB-027A1EBAF072 -8-
quarters, family daycare home licensed pursuant to state law, small community care facility, or transitional or supportive housing structured as a single-family residence.” Section 9. Section 10-3-801 (Uses and Buildings Permitted) of Article 8 (One-Family Residential Zone (R-1.5X2)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-801: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.5X2 shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, ancillary living quarters, family daycare home licensed pursuant to state law, small community care facility, or transitional or supportive housing structured as a single-family residence.” Section 10. Section 10-3-901 (Uses and Buildings Permitted) of Article 9 (One-Family Residential Zone (R-1.6X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning of the BHMC is hereby amended to read as follows:
“10-3-901: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.6X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, ancillary living quarters, family daycare home licensed pursuant to state law, small community care facility, or transitional or supportive housing structured as a single-family residence.” Docusign Envelope ID: AA85BFAE-CC15-4304-96AB-027A1EBAF072 -9-
Section 11. Section 10-3-1001 (Uses and Buildings Permitted) of Article 10 (OneFamily Residential Zone (R-1.7X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read:
“10-3-1001: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.7X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, ancillary living quarters, family daycare home licensed pursuant to state law, small community care facility, or transitional or supportive housing structured as a single-family residence.” Section 12. Section 10-3-1101 (Uses and Buildings Permitted) of Article 11 (OneFamily Residential Zone (R-1.8X)) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-1101: USES AND BUILDINGS PERMITTED:

Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1.8X shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, ancillary living quarters, family daycare home licensed pursuant to state law, small community care facility, or transitional or supportive housing structured as a single-family residence.” Section 13. Section 10-3-3002 (Architectural and Design Review Commission) of Article 30 (Architectural and Design Review Commission, Architectural Review, Design Review, and Procedure) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:

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“An Architectural and Design Review Commission is hereby established which shall consist of five (5) members who shall be residents of the City. At least one member shall be a licensed architect in the State of California and at least one other member shall be a landscape professional. In the event no person eligible for appointment from a designated field is a resident of the City, the Council may waive the residency requirement; provided, however, there shall be no more than two (2) nonresident members of the Architectural and Design Review Commission.”
Section 14. Subsection 10-3-3007.A.1 of Section 10-3-3007 (Architectural and Design Review Required) of Article 30 (Architectural and Design Review Commission, Architectural Review, Design Review, and Procedure) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows, with all other provisions and subsections of Section 10-3-3007 remaining in place without amendment:
“A. 1. Architectural Review Approval: No building, structure, sign, wall, fence, or landscaping located in any commercial or multi-family residential zone 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.”
Section 15. Subsections 10-3-3007 I. of Section 10-3-3007 (Architectural and Design Review Required) of Article 30 (Architectural and Design Review Commission, Architectural Review, Design Review, and Procedure) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) Docusign Envelope ID: AA85BFAE-CC15-4304-96AB-027A1EBAF072 -11-
of the BHMC are hereby amended to read as follows, with all other provisions and subsections of Section 10-3-3007 remaining in place without amendment:
“I. Design Review Tracks and Approval: No single-family residence located in a Central R-1 zone shall be erected, constructed, altered or remodeled unless the elevations and plans for the exterior portions and areas visible from the street have been first reviewed and approved by the Director or the Architectural and Design Review Commission, as appropriate, in accordance with the provisions of this article. The R-1 design review required by this article shall fall into the following two (2) tracks:

1. Track 1; Character Based Review: Under Track 1, proposed residential development will be reviewed to determine whether it substantially adheres to a defined architectural style as outlined in a style catalogue adopted by resolution of the Council. The materials and elements listed as associated with a particular style may be substituted for equivalent or like materials, equal in quality and appearance as those outlined in the style catalogue, so long as they do not detract from the architectural style to be represented. The style catalogue may be amended from time to time by resolution of the Council and will be maintained by the Director. Track 1 reviews will be limited to a determination of consistency with the approved style catalogue. If the required review determines that the proposed development adheres to a defined architectural style and meets all of the applicable development standards set forth in this chapter, the development may be granted a building permit without further design review.

2. Track 2; All Other R-1 Review: All other single-family residential development that is subject to the provisions of this article and that does not meet the criteria for a Track Docusign Envelope ID: AA85BFAE-CC15-4304-96AB-027A1EBAF072 -12-
1 review must submit to a full R-1 design review in accordance with the provisions of this article.”
Section 16. Section 10-3-3100 (Development Plan Review Required) of Article 31 (Development Plan Review) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“Notwithstanding any other provision of this Code or ordinance of the City of Beverly Hills, the following shall not be established unless a development plan is approved pursuant to the provisions of this article:

B.   All rooftop gymnasiums and lunchrooms permitted pursuant to section 10-3-3107 of this article.

C.   All projects constructed pursuant to a density bonus permit.

D.   All new parking lots.

A new parking lot shall mean a parking lot established in a location not previously used for parking purposes.

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E.   Conversion of parking to a commercial parking lot.

Parking shall be considered to be converted to a commercial parking lot upon the initial posting of signs advertising the availability of such parking to the general public.

Nothing in this subsection shall require development plan review of an existing parking lot that currently contains signage advertising the availability of parking to the general public.

F.   All common interest development projects, as defined in chapter 2, article 7 of this title.

G.   All projects which would increase the floor area of a structure or building by two thousand five hundred (2,500) square feet or more.

H.   All projects that would increase the height of a structure or building more than twenty-four (24) inches, but not exceeding the maximum height limit otherwise applicable to the zone nor resulting in an additional story, unless the addition or alteration is specified in this chapter as an element not considered when determining building height.

I. As otherwise required by this chapter.”
Section 17. Subsection 10-3-4201.A. of Section 10-3-4201 (Restrictions on Demolition and Removal of Buildings) of Article 42 (Demolition of Structures) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows, Docusign Envelope ID: AA85BFAE-CC15-4304-96AB-027A1EBAF072 -14-
with all other provisions and subsections of Section 10-3-4201 remaining in place without amendment:
“A. Except as provided in section 10-3-4202 of this chapter, no permit shall be issued to allow the demolition of a building, or any portion of a building, or the removal of a building or any portion of a building from a site, unless:

For demolition that does not involve demolition of a housing unit(s):

1. A building permit is also issued at the same time to authorize construction of a replacement building or to restore a partially demolished building to a habitable condition;

2. Architectural and design review commission approval has been granted for an alternative use of the property that does not require a building permit; or

3. A landscaping, fencing and maintenance plan, other than a plan requiring architectural and design review commission approval, in a form acceptable to the director of building and safety has been submitted in accordance with the requirements of this section.

For demolition of one or more housing units:

4. The building permit for a replacement housing project is issued concurrently with the demolition permit, as required by California Government Code section 66300.5 through 66300.6.5 as may be amended from time to time.

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For the purposes of this section, a replacement housing project shall mean a development project that meets the requirements of Government Code sections 66300.5 through 66300.6.5 as may be amended from time to time.”
Section 18. Subsection 10-3-5000.A.21 of Section 10-3-5000 (Building Permit Only Accessory Dwelling Units and Junior Accessory Dwelling Units On Lots With Single Family Dwellings) of Article 50 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended as follows, with all other provisions and subsections of Section 10-3-5000 remaining in place without amendment:
“21. Windows: Windows within 10 feet of and facing a side or rear property line and within the accessory dwelling unit shall be at located at least six feet above finished floor as measured from the finished floor to the bottom of the window sill, or shall be awning style windows with the ability to open a maximum of six inches (6") and shall be fitted with translucent glass.”
Section 19. Section 10-3-100 (Words Defined) of Article 1 (Definitions) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC are hereby amended to include a new Figure 1 under subsection B.1 in the definition of “FLOOR AREA,” with all other provisions of Section 10-3-100 remaining in place without amendment:

Docusign Envelope ID: AA85BFAE-CC15-4304-96AB-027A1EBAF072 -16-
“
Figure 1
Floor Area Exception for Driveways leading to a Subterranean Garage ”
Section 20. CEQA Determination. The Amendments have been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Docusign Envelope ID: AA85BFAE-CC15-4304-96AB-027A1EBAF072 -17-
Resources Code Sections 21000, et seq. (“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.), and the City’s Local CEQA Guidelines (hereafter the “Guidelines”). The City Council finds that the introduction and adoption of the Amendments are exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines, which applies the 'general rule' that CEQA does not extend to projects with no significant environmental effect.

Section 21. 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 22. 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 his certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City. //
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Section 23. 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
Docusign Envelope ID: AA85BFAE-CC15-4304-96AB-027A1EBAF072

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. 2114 duly passed, approved and adopted by the Planning Commission of said City at a meeting of said Commission on January 22, 2026, 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 NOES: None
ABSTAIN: None
ABSENT: Chair Wolfe
________________________________

KAREN MYRON
Recording Secretary of the
Planning Commission
City of Beverly Hills, California
Docusign Envelope ID: AA85BFAE-CC15-4304-96AB-027A1EBAF072 Certificate Of Completion
Envelope Id: AA85BFAE-CC15-4304-96AB-027A1EBAF072 Status: Completed Subject: Complete with Docusign: PC Reso 2114 - Code Cleanup.pdf Source Envelope:

Document Pages: 25 Signatures: 5 Envelope Originator:

Certificate Pages: 2 Initials: 0 Karen Myron
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.181
Record Tracking
Status: Original
1/30/2026 12:11:31 PM
Holder: Karen Myron
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Lou Milkowski
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address:
2603:8001:7400:54c1:64ff:7489:51f7:341f
Sent: 1/30/2026 12:14:44 PM
Viewed: 1/30/2026 6:37:31 PM
Signed: 1/30/2026 6:37:48 PM
Electronic Record and Signature Disclosure:

Not Offered via Docusign
David M. Snow
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 2a09:bac3:6149:1846::26b:40
Signed using mobile
Sent: 1/30/2026 6:37:50 PM
Resent: 2/12/2026 10:47:04 AM
Viewed: 2/12/2026 12:59:09 PM
Signed: 2/12/2026 12:59:24 PM
Electronic Record and Signature Disclosure:

Not Offered via Docusign
Michael Forbes for
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.181
Sent: 2/12/2026 12:59:26 PM
Viewed: 2/12/2026 2:03:41 PM
Signed: 2/12/2026 2:25:32 PM
Electronic Record and Signature Disclosure:

Not Offered via Docusign
Karen Myron
[email protected]

COMM DEV COMMISSION SPECIALIST,

CD-PLANNING
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.181
Sent: 2/12/2026 2:25:34 PM
Viewed: 2/13/2026 10:55:00 AM
Signed: 2/13/2026 11:04:40 AM
Electronic Record and Signature Disclosure:

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In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 1/30/2026 12:14:44 PM
Certified Delivered Security Checked 2/13/2026 10:55:00 AM Signing Complete Security Checked 2/13/2026 11:04:40 AM Completed Security Checked 2/13/2026 11:04:40 AM
Payment Events Status Timestamps
Attachment 7
Architectural and Design Review
Commission Staff Report –
12/17/2025
City of Beverly Hills
Planning Division
455 N. Rexford Drive Beverly Hills, CA 90210
TEL. (310) 285-1000 FAX. (310) 858-5966
Architectural and Design Review
Commission Report
Attachment(s):

None
Report Author and Contact Information:

Cindy Gordon, AICP, Project Manager – Current Planning
(310) 285-1191
[email protected]
Meeting Date: Wednesday, December 17, 2025
Subject: LANDSCAPE ARCHITECT REQUIREMENT STUDY SESSION
Request for the Architectural and Design Review Commission to provide input on potential change to the requirement that one position on the Commission be filled by a licensed landscape architect.

Project Applicant: City-initiated
Recommendation: Staff recommends that the Architectural and Design Review Commission conduct a study session to discuss the landscape architect requirement and provide input and direction on any potential changes to the requirement.

REPORT SUMMARY
The Beverly Hills Municipal Code (BHMC) requires that the Architectural and Design Review Commission (ADC) consist of five members, with at least one member being a licensed architect in the State of California and at least one other member being a licensed landscape architect in the State of California. If no eligible resident is available for appointment from a designated field, the City Council may waive the residency requirement, but no more than two nonresident members may serve on the Commission at any time. At the recommendation of the Council liaisons at the time, the requirement that the Commission have a licensed landscape architect was established by ordinance in 2019. The intent was to ensure professional expertise in landscape architecture was represented in the Commission’s review of projects. Prior to this requirement, such position could be filled by any individual with experience in building construction, landscape architecture, or visual and graphic design.

Recent recruitment efforts for the licensed landscape architect position have highlighted challenges in attracting qualified applicants that are licensed landscape architects. The City has conducted two rounds of advertising to replace Commissioner Devlin, whose term expired on June 30, 2025:
 January 2025 Recruitment
o Three applications received:
 Two from licensed landscape architects
 One from an art dealer
 June 2025 Recruitment
o Two applications received:
 One from a real estate agent
 One from a landscape designer/installer.

Architectural and Design Review Commission Report
Landscape Architect Requirement Study Session
December 17, 2025

Page 2 of 2 ends

In addition to newspaper advertisements in the Beverly Hills Courier, the Beverly Weekly, and the Beverly Press, the City promoted the opening through the following means:
 Social media posts on the City’s social media accounts;  Focused advertisements with the American Society of Landscape Architects and the American Institute of Architects;
 Team Beverly Hills; and
 Personalized outreach to qualified individuals
While the January recruitment effort elicited applications from two licensed landscape architects, the City Council Policy Manual requires that application filing periods may only be closed if, for one vacancy, a minimum of three applications are received from applicants that satisfy the criteria for the vacant position. As neither recruitment effort received three applications from licensed landscape architects, the City has been unable to close the recruitment process and the position remains vacant.

Landscaping continues to be a key focus in projects that are brought before the Commission, particularly with single-family design review projects. As such, staff continues to support having an individual with landscape expertise on the Commission to facilitate and guide such reviews.

However, having this position remain vacant for an extended period has limited the Commission’s ability to fully review the scope of certain projects. In some instances, this has also presented quorum issues when other Commissioners are absent or recused from a project, which has resulted in project delays if an item cannot be considered by the Commission due to lack of quorum.

Due to the difficulty in filling the landscape architect position, the Commission is asked to consider whether it would be appropriate to relax the current requirement so that a landscape professional (e.g., landscape designer, arborist, etc.), as opposed to licensed landscape architect, could fill such role on the Commission.

NEXT STEPS
Staff recommends that the Architectural and Design Review Commission conduct the study session to discuss the landscape architect requirement and provide input and direction on any potential changes to such requirement. Any changes to the requirement would require City Council approval.

Alternatively, the Architectural and Design Review Commission could continue the study session to a future meeting to engage in additional discussion on the topic.

Report Reviewed By:

Beverly Hills City CouncilMay 5, 2026

Beverly Hills City Council
May 5, 2026